Government of Bihar BUILDING CONSTRUCTION DEPARTMENT ... · 1.3 The newly constructed Bihar Museum...

Government of BiharBUILDING CONSTRUCTION DEPARTMENT

Expression of interest -cum-Request for proposal (RFP)

Expression of interest offers for preliminary architectural and engineering consultancyservices are invited for proposed Upgradation and Extension of the PatnaMuseum, Patna from firm /Consortium having minimum criteria as mentioned in theRFP. The details of RFP together with eligibility Condition can be had from office of ChiefArchitect (PH-0612-2545575) during office hours or can be downloaded from Noticeboard of www.bcd.bih.nic.in A pre-bid meeting will be held on 20.07.2018 at 4.00PM in the office of Principle secretary, Building construction Department, Patna. Duly completed proposal in sealed envelope marked Upgradation and Extension ofthe Patna Museum, Patna should be submitted to ‘Chief architect, Buildingconstruction Department, Vishweshwaraiya Bhawan, Bailey Road , Patna-800015latest by 16.00 Hrs on 10-08-2018. Technical bid will be opened on the same date inthe presence of the representative of firms at 16.30 Hrs.

(Chief Architect)

Expression of interest - cum - RFP forUpgradation and Extension of

Patna Museum, Patna

BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR

Contents1. Project Background...................................................................................................22. Scope of Services......................................................................................................33. Instructions to Bidders..............................................................................................54. Minimum Eligibility criteria.......................................................................................65. Submission of Proposal............................................................................................86. Evaluation of Proposals............................................................................................97. Award of Contract....................................................................................................118. Obligations of the Client..........................................................................................119. Obligations of the Consortium team......................................................................1210.Schedule for Completion of Assignment..............................................................1211.Payment Schedule...................................................................................................1212.Termination...............................................................................................................1213.Settlement of Disputes............................................................................................13APPENDIX I.....................................................................................................................15APPENDIX II……………………………………………………………………………….17

APPENDIX III……………………………………………………………………………....33

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1. Project Background

1.0 Comprehensive Consultancy Service is invited for a) Conservation and upgradation of the existing museum buildingb) Architectural Design of the museum extensionc) Exhibition Design & content research & developmentd) Landscape designe) Interior design for non-exhibition areasf) Project Management of the planning and implementation phase

For Patna Museum, Patna

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1.1 Building Construction Department (hereinafter referred to as BCD or Client) Government of Bihar (GoB) proposes to upgradethe prestigious Patna Museum, Patna. BCD intends toappoint a consortium of reputed and established consultants to undertake detailed planning, design, and implementation management of the revamped Patna Museum and its extension.

1.2 The museum is located at Buddha Marg, Patna at a distance of 1 k.m. from Patna Jn.Railway station and at about 5 k.m. from Patna Airport. It is located in an area of about7.6 acres of land. The present building is two storied and was constructed in 1927 and has a few other later structures in the campus. The total built up area of the main building is close to 5,500sqmts.

1.3 The newly constructed Bihar Museum campus has been inaugurated recently, less than 2 kms away from the Patna Museum. The Bihar Museum is a state of the art museumbased on international best practises and covers Bihar’s historyfrom pre-historic times to the mid-19th century. It also has galleries for temporary exhibitions, contemporary art, children’s gallery, diaspora gallery, regional art gallery, visible storage, conservation labs and a library. The renovated Patna Museum along with the proposed extension will complement the narrative of the Bihar Museum enriching both museums as a combined attraction.

1.4 The collections to be displayed in the Patna Museum will be from the collections which are not moved to the Bihar Museum, and collections that the Patna Museum may acquire in the future.

1.5 The key attractions of the renovated Patna Museum will be the gallery dedicated to the Mahapandit Rahul Sankrityayan collection of Thangkas, manuscripts and the visible storage for the same. The other galleries will interpret the minerals collection, galleries will be dedicated toDr. Rajendra Prasad’s collections, artefacts of the various periods including the decorative arts, miniature paintings, arms, Patna Kalam paintings. The Patna Museum will also create galleries for temporary exhibitions, contemporary art and workshops. These galleries maybe within the existing Patna Museum or in the proposed extension within the Patna Museum grounds.

1.6 Currently close to 2 lakh people visit this museum annually with more than 35%visitors being school children

1.7 The boundary walls of the Patna Museum campus will also be developed so that it informs the citizens of its collections and vision

1.8 The total outlay for this project inclusive of soft costs, and hard costs may be around INR 150 crores. The timeline for the same will be around 36 months.

2. Scope of ServicesThe scope of work shall be according to the agreement to be signed with BCD and shall include all activities for the preparation of Comprehensive services for the work complying with the standards/norms of National Building Code and Indian standard code of practice, by-laws of local authorities and in consultation with the department.

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The main tasks of the consultancy services under these Terms of Reference (TOR) are as under:

2.1 Scope 1: Background and needs analysisThis analysis will include but not limited to the following:Collection analysis, Best practise analysis, by-laws and their applicability for proposed building extensions, needs analysis, site analysis, audience and visitor analysis, operational and institutional needs, heritage status and implications, structural analysis and analysis for adaptive re-use and retro fitting.

2.2 Scope 2: PlanningThis will include but not limited to:Site planning and zoning, Facility program and plan for all public spaces and supportspaces, interpretation plan, FoH and BoH circulation plans, security systems, climatecontrol for collection care and human comfort, staffing and operations plan. The interpretation and facility plans will be based on a concept developed as part of the Planning scope

2.3 Scope 3: DesignThis will include but not limited to:Schematic and detailed design for Architectural & Engineering design for the buildingextension, Heritage Conservation and adaptive re-use of the existing main building of the Patna Museum, Landscape design, Exhibition Design, Graphic Design, Museum branding, Way finding and Signage, Content Research and development

2.4 Scope 4: TenderingThis will include but not limited to:Estimation of costs for all the construction, fabrication, installation, production and procurement, scope of work, tendering strategy, tender packages, procurement specifications, and assistance to the BCD to run the tendering process.

2.5 Scope 5: ImplementationThe Consortium will be responsible for project management of the implementation phase and the coordination of the program between its various teams. It will also be responsible for construction and fabrication administration.

These 5 scopes can be undertaken by the Consortium team in the sequence mentioned or break up the scopes and sequence them as per their approach and methodology.

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3. Instructions to Bidders3.1 The bidding consortiums are invited to submit their Proposal split in the form of

‘Technical Proposal’ and ‘Financial Proposal’, in separate sealed covers for thisconsultancy services.Each consortium can only submit one proposal. The proposal will be the basis and sole ground for invitation to present and for selection of the consortium.

3.2 The planning, design and tendering sections of this assignment shall be completed in all respects within scheduled time from the date ofsigning of the contract for the Project in accordance with Code of Practices andStandards (if any) of Bureau of Indian Standards or any other relevant standards supplemented with all amendments/revisions.

3.3 The Bidders must acquaint themselves with the area, local site conditions and factors/parameters influencing the site surveys, studies and investigations.

3.4 The Client will provide the inputs as available with them and assist the Consultant in obtaining permissions/permits if required to carry out surveys/services, site investigations and make available relevant project data and reports.

3.5 The costs of preparing the proposal, including visits to the site & to the Client, are notreimbursable as a direct cost of the Assignment; and the Client is not bound to accept anyof such Proposals even if submitted. The BCD shall not be responsible or in anyway liable for such costs/expenses, regardless of the conduct or outcome of the bidding process.

3.6 The bids to be submitted shall be valid for a period of 90 (Ninety) daysfrom the date of opening of bids. The Client may request for an extension in the validity ofthe proposal by 60 (sixty) days.

3.7 During the selection and execution of the contract the Client shall observe andexpects Consultants to observe highest standards of ethics during the selection andexecution of this contract.

3.8 The Client is not bound to accept any proposal and reserves the right to annul theselection process at any time prior to contract award, without incurring any liability to theBidders.

3.9 The Technical & Financial proposals of selected Bidders shall be the basis for ultimately signing the contractwith selected Consortium.

NOTE: The Client can reject a proposal for award if it determines that the Consortium recommended for award has engaged in corrupt or fraudulent activities incompeting for the contract in question and also by suppressing or misleadingwhile furnishing facts during the period of contract.

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4. Minimum Eligibility criteria4.1 The bidders can be an individual firm or a consortium (of maximum three firms)

with the following criteria:

4.1.1 The lead team should be an architectural firm that has been registered as a firm/company for at least 15 years.

4.1.2 The lead firm should have undertaken at least 2 institutional projects which are not less than5,000sqmts each.

4.1.3 The lead team / consortium partners should have at least 2 museum projects to their credit, having led the team for the museum planning and development.

4.1.4 The projects listed as part of the qualifications for the lead team/consortium partners/sub-consultants should have been undertaken in the last 10 years.

4.1.5 The lead team should have a total turnover of at least INR 5 crores in the last 5 years.

4.1.6 The following 10 key personnel listed can belong to the lead firm, consortium partner or sub-consultants. Consent letter from sub-consultant and/or Power Of Attorney from consortium partner must be attached. The 10 key personnel listed need to have the minimum credentials, work experience, yearsof experience and academic qualification as listed. If any team lacks even one of the key personnel or the key personnel do not meet the minimum qualifications, the team will be disqualified.

4.1.7 Key Personnel with strong work experience in India and overseas are preferable. Experience of projects in India is a prerequisite. If the team has any team member who doesn’t have any experience in India, team will be disqualified. The minimum qualifications and experience of Key Personnel to beengaged in completion of the assignment shall include:

Sr.

No.

Mandatory Expertise

Minimum Credentials Minimum Education qualification

MinimumYears of practice

Preferable Credentials

1 Lead Architect Atleast 2 institution projects not less than 5,000 sqmts one of which should be a museum*

Licensed architect with the CoA, India

15 Atleast 5 institution projects not less than 5,000 sqmts

2 Exhibition Designer

Should be the exhibition designerfor atleast 2 permanent exhibition design projects. Atleast 1 of these projects shouldnot be less than 4,000 sqmts**

Masters in design, or equivalent

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Should be the exhibition designer for atleast 5 permanent exhibition design projects. Atleast 1 of these projects should not be less than 4,000 sqmts**

3 Museum curator /Researcher

Curated or undertaken research & analysis of at least 1 museum collection of archaeological nature

Masters in museumstudies, history or equivalent

5 Curated or undertaken research & analysis of at least 2 museum collection of archaeological nature

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4 Museum Planner

Must have undertaken at least 1 museum project in India from concept to opening stage of not less than 5000 sq.m

Masters in museumstudies, history, or equivalent

15 Must have undertaken at least 2 museum project in India from concept to opening stage of not less than 5000 sq.m

5 Conservation architect

Should have undertaken at least 1 heritage conservation project (for institutional projects) in India.

Masters in heritage conservation or equivalent

15 Should have undertaken at least 2 heritage conservation project (for institutional projects) in India.

6 Interpretive planner

Should have curated or undertaken interpretive planning for at least 1 museum exhibition.

Masters in museumstudies, history or equivalent

5 Should have curated or undertakeninterpretive planning for at least 2 museum exhibitions.

7 Sustainability design Consultant

Should have been the lead sustainability consultant for atleast 1 project not less than 5,000sqmts

Master’s degree in Engineering / Architecture or equivalent

15 Should have been the lead sustainability consultant for atleast 2 project not less than 5,000sqmts

8 Graphic Designer

Should have led a graphics/branding/way finding signage/ for an institutional project of not less than 5,000sqmts

Graduate or Diploma in Design

15 Should have led a graphics/branding/way finding signage/ for at least 2 institutional project of not less than 5,000sqmts

9 Project Manager

Should have undertaken construction management of atleast 1 institutional project of minimum of 5,000sqmts

Masters in project management or equivalent

15 Should have undertaken construction management of atleast 2 institutional project of minimum of 5,000sqmts

10 Landscape Architect

Should have led the design team for landscape design of atleast a 2 acre plot of land project for atleast 1 such project

Masters in landscape design

10 Should have led the design team for landscape design of atleast a 2 acre plot of land project for atleast 2 such projects

* For institutional projects: residential projects,commercial buildings, factories and malls will not be considered as valid projects for this qualification criteria.** For exhibition projects: expos, trade fares, fashion shows will not be considered as valid projects for these qualification criteria.

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5. Submission of Proposal5.1 Technical Proposal

5.1.1 In preparing the Technical Proposal, Bidders are expected to examine the documents comprising the proposal in detail. Material deficiencies in providing the information requested may result in rejection of Proposal.

5.1.2 While preparing the Technical Proposal, Bidders must give particular attention to the following:

i. It is a prerequisite that the key professionals proposed in the Consortium as a firm or in individual capacity have experience of working on Indian projects.

ii. It’s important to include an undertaking that the Consortium members and sub-consultants (firms or individuals) are not under contract with anyother consultancy to avoid duplicity. In case of duplicity the evaluation of that professionalshall not be considered.

iii. All members proposed in section Proposed key professional staff must have aminimum experience and qualifications asdefined in the Evaluation Criteria and under Clause 4.1.7.

iv. The bidder must be available at call for communication and coordination.

5.1.3 If at any point in the project, if any of the above listed team members need to be replaced, they need to be done with the permission of the Client and only with an equally or more qualified personnel.

i. All reports, documents, proposals, analyses, design and drawings to be issued by the selected Consultant as part of this assignment/ project shall be in English.

5.1.4 The Technical Proposal should provide the following information failing which theproposal may be summarily rejected:

i. A brief description of the Consortium’s key teams, team composition, key sub-consultants and an outline of recentexperience on assignments of similar nature.

ii. The list of the proposed professional staff team by specialty and the tasks thatwould be assigned to each staff team member along with duration/period for working on the assignment.

iii. A description of the ‘Approach, Concept, Methodology and Work Plan’ for performingthe assignment including charts, diagrams, comments & suggestions if any, on terms ofreference and key professionals.

iv. CVs recently signed by the proposed key Consortium members and professional staff or the authorizedrepresentative submitting the proposal. Keyinformation should include all the topics as per chart in 4.1.7

v. Detailed Activity Schedule specifying inter alia the tasks, and duration of eachcomponent of assignment.

vi. A non-refundable demand draft amounting Rs. 10,000/- (Ten thousandrupees only) as RFP cost and a refundable demand draft amounting Rs 1,00,000/- (One lakh rupees only) as bid security, drawn infavour of “Building Construction Department” payable at Patna.

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5.1.5 If the Technical Bid reflects financial proposal or accompanies financial proposal,the bid shall be summarily rejected. A Financial Bid independent of the Technical Bid must be submitted by thebidder.

5.1.6 The Technical proposal should not include any concept design for the building or exhibitions

5.2 Financial Proposal

5.2.1 The Financial Proposal should clearly quote a fixed “lump sum amount”(in Indiancurrency) as the consultancy fee payable by the department for the project. This amountshall be inclusive of all taxes including duties, fees, leviesand other charges imposedunder the applicable law, on the consultants, the sub-consultants, and their personnel.5.2.2 The Consultant shall submit the financial proposal unconditionally. Conditional Offer shallbe considered non-responsive and is liable to be rejected. The agreed consultancy feeshall be payable in stages as described herein under clause 12. The Financial Proposalshall be submitted in the form appended herewith vide Appendix I.

5.3 Submission

5.3.1 The envelope/s shall clearly mention the name of the Project, being submitted.5.3.2 The proposal shall be submitted in Two Parts in two (2) separate envelopes /packages and put together in one single outer envelope/package scribed with name ofthe Project for which Bid is submitted. The two parts shallbe Part 1: Technical Proposaland Part 2: Financial Proposal; as detailed hereinbefore. The proposal shall be valid for ninety (90) days after last date of submission. 5.3.3 The original proposal shall be prepared in indelible ink. It shall contain no5.3.4 interlineations or overwriting, except as necessary to correct errors made by the bidderitself. Any such corrections must be initiated by the person or persons who sign(s) theProposal.5.3.5 An authorized representative of the lead team of the Consortium shall initial all pages of the Proposal. Therepresentative’s authorization in original/notarized is confirmed by a written power ofattorney accompanying the Proposal. 5.3.6 Completed proposal must be delivered on or before time, as per notice tothe following address:

The Chief Architect,Building Construction Department230, Vishweshwariya BhavanPatna- 800015.

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6. Evaluation of ProposalsA twostage procedure shall be adopted in evaluating the proposals. Consultantsqualifying a minimum of 60 points in the submitted technical proposal will be eligible for a presentation to the technical committee.

6.1 Technical Proposal’s Evaluation

6.1.1 After checking responsiveness of the Technical proposal in terms of having providedthe requisite data, certificate of incorporation/registration, relevant experience documentsand information etc, authorization letter, bid security, RFP cost, Technical Proposalsshall be evaluated as per point system noted below. A proposal shall be rejected at thisstage if it does not respond to the important aspects of EOI and it fails to achieveminimum technical score indicated in evaluation criteria, which is 60 points.

No.

Evaluation Criteria

Minimum Qualifications Maximum Points

1 Lead firm/ Consortium

1. Atleast 2 institution projects not less than 5,000 sqmts and,

2. Atleast 2 museum projects not less than 5,000 sqmts

30

2 Suggested team'squalifications

Please refer to Section 4.1.7 30

3 Lead firm's turnover

The lead team should have a total turnover of atleast INR 5 crores in the last 5 years

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4 Team organization

Lead and other team's and sub consultant’s organigram and signed consent letters of all team members

10

5 Understanding of the project

Approach of the team to the project 10

6 Project Management & schedule

Shows process and understanding of implementation complexities

10

Total Points 100

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6.2 Presentation to Technical Committee

6.2.1 All the team’s which score at least 60 points in the evaluation of the technical submission will be invited to make a presentation to the Technical Committee of the Building Construction Department. Financial Proposals of non-responsive bids who do not score at least 60 points in theevaluation of the technical submissions will not be opened.

6.2.2 The Presentation will be evaluated as per the following criteria:

Items

Points

Approach to the Project, 5Applications of past learning to this project 5Roles and responsibilities of the key team members 4Expectations from the Client 3Strategy to adhere to time and budget 3 20

The Presentation will not include any concept design or walkthroughs

6.2.3 The combined evaluation of submittals and presentation will be the basis for opening of financial bid. Firms scoring 70% of combined evaluation will be invited for opening of their financial bid in the presence of their representative.

7. Award of ContractAfter completion of selection process of the consortium, the Department shall invite the firm/ consortium based on their financial bid for negotiations and issuesa LOA/LOI on completions of the negotiations. On acceptance of the LOA/LOI, the consortium will be awarded the Contract for the project. The successful Consortium with whom the contract is signed is expectedto commence the assignment from the date of signing the agreement.

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8. Obligations of the Client8.1 The Client will facilitate the consultant in providing various information/data

from department.

8.2 The Client will provide prompt approvals as needed and cooperation when applications for approvals to other departments are to be made.

8.3 The Client will also provide access to all background documents and records such as list of artefacts, survey drawings, archaeological survey report, etc. as needed by the consultant team, and as available with the client.

8.4 The Client will share any past proposals, reports related to the Patna Museum which can influence the planning and design process.

9. Obligations of the Consortium team9.1 The Consultants shall perform the services as detailed and carry out their

assignment with all duediligence, efficiency and economy in accordance withgenerally accepted professional standards andpractices and shall observe sound design and engineering techniques and practices.

9.2 The reports at all stages of work, as defined under deliverables, shall be accompanied with requisitedetails, data, designs and drawings and descriptions and proposals with requisite calculations if required,prepared in a professional manner. The Consultants shall provide requisite presentations on their assignmentand the proposal at all stages for review by Client and/ or committee as may be constituted for the purpose.

9.3 The Consultants shall attend all meetings as may be convened by Client or anycommittee as may beconstituted for review of work by the Consultants.

9.4 The Consultants shall stick to the time schedule as regard deliverables at all stages of assignment andcompletion of consultancy within stipulated time.

10. Schedule for Completion of AssignmentAs per the agreement to be signed with the client (draft agreement attached as annexure -II)

11. Payment Schedule

As per the agreement to be signed with the client (draft agreement attached as annexure- II)

12. Termination12.1Termination by the ClientThe Client may terminate this contract, by not less than twenty one (21) days written notice to theConsultants in case of occurrence of any of the events specified below:

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i. If the Consultant does not remedy a failure in the performance of their obligationswithin 10 (ten) days afterbeing notified;

ii. If the Consultants fails to comply with any decision given by the Central Government/ State Government/Client, or Committee constituted for the purpose of review of assignment at any stage;

iii. If the Consultants becomes insolvent or bankrupt;iv. If the Consultants are unable to perform a material portion of their services for

aperiod of more than 30(thirty) days;

12.2 Termination by the ConsultantsThe Consultants may terminate the contract by not less than 21 (twenty one) day’s written notice to the Clientafter occurrence of events specified below:

i. a) If the Client fails to pay any money due to the Consultants within 21 (twentyone) days after receivingwritten notice from the Consultants;

ii. b) The Consultants is unable to perform a material portion of services on account of prevailing site conditionsfor a period more than 30 (thirty) days.

12.3 Payment upon TerminationUpon termination of the contract pursuant to Para 12.1 or 12.2, the Client shall makethe following paymentsto the Consultants:

i. Payment for the services satisfactorily performed prior to the date of termination

ii. Reimbursement of any reasonable cost towards studies/surveys and field investigations

13. Settlement of Disputes13.1The parties shall use their best efforts to settle amicably all disputes arising out

of or in connection withthe agreement or its interpretation.

13.2 Any dispute between the parties which cannot be settled amicably within 30 (thirty) days after receiptby one party of the other party’s request for such amicable settlement shall be submitted to arbitration by soleArbitrator to be appointed by the Secretary to Govt. of Bihar. The arbitration proceedings shall be conductedin accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedingsshall be held at Patna and the Courts at Patna shall have the jurisdiction.

APPENDIX1) Technical Proposal Submission Form2) Financial Proposal Submission Form - Appendix - I3) Draft Agreement - II4) Format for Power Of Attorney - III

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PROPOSED UPGRADATION OF PATNAMUSEUM

Format for Financial Proposal Submission (separatecover)

(To be submitted UNDER SEPARATE COVER on vertical A4 size Letterhead by ConsortiumLead stamped and duly signed by Authorized Signatory)FINANCIAL PROPOSAL SUBMISSION (under separate cover per section 4.3)

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Date: _________________________

Ref: RFP for Consultancy Services for Comprehensive Design for Construction of proposed upgradation ofPatna museum, Patna (Bihar)

To:The Chief Architect,230, Building Construction Department,Visheshwariya Bhawan,Bailey Road,Patna 800 015# +91 612 2545575

Dear Sir,

We, the undersigned, offer to provide the Consultancy Services for Comprehensive Design for proposedupgradation of Patna museum, which includes comprehensive Architectural and EngineeringDesign of the Facility and Site, Exhibition Design, and Project Management and ConstructionAdministration of the Building Contractors and Exhibition Fabricators, in accordance with yourRequest for Proposal dated [Insert Date].

We have perused the RFP documents, as per the Scope of work per the Draft Agreement and otherdetails and are willing to undertake and complete the assignments as per terms and conditionsstipulated in the proposal document.

Our offer inclusive of all taxes (except service tax/GST), incidentals, overheads, travelingexpenses, printing and binding of reports, all sundries, all other expenditure for execution of thisassignment covering all ‘Terms and conditions’ (as per this RFP) is a lumpsum of INR ____________(i.e., in words ________________). We also agree with the stage-wise and percentage-wisepayments as detailed in draft agreement of this document. This offer is valid for a period of 180days from the Proposal Due Date (as per the RFP or amended schedule as notified).

[Note: No percentage base fees shall be quoted No escalation on any account will be payable on the above amounts Consultancy Service Fee to be quoted in Indian Rupee terms]

We hereby confirm that the financial proposal is unconditional and we acknowledge that anycondition attached to financial proposal shall result in rejection of our financial proposal.

Our Financial Proposal shall be binding upon us subject to the modifications resulting fromcontract negotiations, up to expiration of the validity period of the Proposal.

We understand you are not bound to accept any Proposal you receive.

Yours Sincerely,

…………………………….Signature of Authorized SignatoryName in Full of Signatory:………………………….Designation / Title:…………………………Name of Firm: …………………………………..Address:………………………………………Phone number: ………………………………………Seal:…………………

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PROPOSED UPGRADATION OF PATNAMUSEUM

Draft Agreement

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DRAFT*

AGREEMENT BETWEEN

BUILDING CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR

AND

__________________________________________________________________________

This deed of Agreement made on _________________ between Building ConstructionDepartment, Bihar (hereinafter called Client) and M/s_______________________________________________carrying on business as CONSULTING ARCHITECTS AND ENGINEERS (And Lead of theConsortium) under and style (hereinafter called Consultant-Architect) of the second partwhich expression shall, unless repugnant to the context of meaning thereof include thePARTNERS of the said firm for the time being, the Survivor of them and their respectiveHeirs, executors, administrators and assigns of the other part.

WHEREAS THE CLIENT INTENDS TO CONSTRUCT:Complete Works for proposed upgradation of Patna museum which includes Architecture,Engineering, Site development, Landscape, Interiors, Exhibitions, Furniture & Equipment,Signage and Way finding and any other works as may be required(Hereinafter called the “SAID WORK”).

AND WHEREAS THE CONSULTANT-ARCHITECThave agreed to Lead theConsultant Consortium and represent the Consultant Consortium to design and renderComprehensive Design Consultancy for the SAID WORK on the terms and conditionshereinafter agree as follows:

* The conditions laid down in this draft Agreement are subject to modification per vetting by Legal Department, Government of Bihar

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1. FEES AND REIMBURSEMENT:

The EMPLOYER AGREES TO PAY to the CONSULTANT-ARCHITECT as remuneration for theprofessional services to be rendered by the CONSULTANT-ARCHITECT in relation to the SAIDWORKS and in particular for the services hereinafter mentioned, fees as stipulated in Article3 here of the same Fees being hereinafter called the FEES.

2. SCOPE OF WORKS:

The scope shall include all activities for Consultancy for Comprehensive Design Services forproposed upgradtion of Patna museum which includes comprehensive Architectural andEngineering Design of the Facility and Site, Exhibition Design, and Project Management andConstruction Administration of the Building Contractors and Exhibition Fabricators. TheConsortium Lead will be responsible for entire scope of work and will represent theConsultant Consortium of qualified Architects, Engineers, Exhibition Designers, ProjectManagers and any other Consultants including specialty scope required for the entirecomprehensive design for construction of the site, building, and exhibitions.

2.1 ARCHITECTURE SCOPE OF WORKS

The Consultant Consortium’s Comprehensive Scope of work will include, but is not limitedto, the following Design Services for the complete Site and complete Building(s), to provide ahighly sustainable facility. The Consultant Consortium is responsible for compliance with allapplicable statutory codes and guidelines, and for seeking approval of the design from thecompetent authorities at appropriate stages. The architecture and the exhibition spaces areto be well integrated with each other.

2.1.1 Site Evaluation and analysis; study of the city development planning for designing the approach and entry to the Patna museum2.1.2 Comprehensive site development including placement of buildings, utilities, landscape, irrigation, and amenities2.1.3 Architectural work2.1.4 Structural engineering work2.1.5 Sanitary, plumbing, drainage, water supply and sewerage work2.1.6 Electrical work including integration of exhibit design electrical needs and museum internet and Wi-Fi infrastructure and specialty lighting design2.1.7 Fire fighting system / HVAC / specialized services as per requirement2.1.8 Landscape work including design of open spaces, horticulture etc.2.1.9 Interiors and any other related works specifically entrusted to the Architects by employer2.1.10 Supervision of work till its completion.2.1.11 Branding, building Signage and way-finding2.1.12 Acoustic Studies and Design including auditoriums and interior spaces and exhibition galleries

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2.1.13 Kitchen design, façade design, retail design, and any and all specialty services required2.1.14 Furniture and equipment including Back of House storage systems and equipment2.1.15 Sustainability Design and Green Building Certification / GRIHA certification2.1.16 Preparation of drawings to obtain necessary statutory clearances and permits2.1.17 Coordination with Exhibition scope of work for seamless integration2.1.18 Integrating Site and Building Security Requirements into the design2.1.19 Integrating visitor capacity and flow and necessary crowd management and control2.1.20 Preparation of Tenders and tender process for Appointment of Building and Site work Contractor(s) including issuing the tender, bid opening, bid evaluation, and selection of the contractor including appointment of any necessary Jury or Selection Committee. The client may opt for Lump sum contract instead of Item Rate for execution from a combined site/ building/ exhibition fabrication contractor.2.1.21 After Appointment of the Contractor, reviewing and monitoring the progress of Site and Building Construction in coordination with the Project Management team to ensure work proceeds on schedule and in conformance to Specifications and Design Drawings, and to the quality specified, seeking client acceptance of the work at appropriate stages.2.1.22 Preparing cost estimates for all the works mentioned above.

2.2 EXHIBITION DESIGN SCOPE OF WORKS

The architecture and the exhibition spaces are to be well integrated with each other. TheExhibition Design Scope will include but is not limited to the following:

2.2.1 Comprehensive exhibit design of all galleries by further developing the concept andinterpretive plan / visitor experience and preliminary exhibit outlines provided in theMaster Plan for the Patna museum.Detailed component by component detailed dimensioned design drawings ofexhibits with all dimensions, 3d views etc. for fabrication purposesPerformance specifications for all materials, finishes, exhibits, lighting, cases, panelsand every item that will be in the exhibitsContent research, coordination and development for graphics panels, exhibits andmultimedia exhibits including image research and sourcing, identification of newphotography, writing text in English and Hindi (translations), and graphic design forall panels (typical and custom panels) including maps/illustrations/patterns, factchecking of the graphics and text by experts and seeking approval of the clients atappropriate stages.Multimedia exhibit outlines and treatment, multimedia hardware selection andelectrical and power requirements and single line drawingsExhibit lighting design including selection of fixtures, lighting layouts, powerrequirements and lighting plans integrated with the building electrical design.Preparing the Exhibition Fabrication and Installation Budget EstimateSeamless integration of the exhibits with the interiors and architecture works,including acoustic measures.Preparation of Tenders and tender process for Appointment of ExhibitionFabricator(s) including issuing the tender, bid opening, bid evaluation, and selectionof the fabricator including appointment of any necessary Jury or SelectionCommittee. The client may opt for lump sum contract instead of Item Rate forexecution from a combined site/ building/ exhibition fabrication contractor.

2.2.2

2.2.3

2.2.4

2.2.5

2.2.6

2.2.72.2.8

2.2.9

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2.2.10 After Appointment of the Fabricator, reviewing and monitoring the progress of Exhibition Fabrication and Installation in coordination with the Project Management team to ensure work proceeds on schedule and in conformance to Exhibition Performance Specifications and Exhibition Design Documents, and to the quality specified, seeking client acceptance of the work at appropriate stages.

2.3 PROJECT MANAGEMENT SCOPE OF WORKS

The architecture and the exhibition spaces are to be well integrated with each other. TheProject Management Scope will include but is not limited to the following:

2.3.1 At Project Kick-off, submit a detailed Work Schedule for Design and Construction administration activities for all disciplines highlighting milestones, deliverables, challenges and how to overcome them. The activities within and across disciplines should be linked for dependencies.2.3.2 Managing the Site, Building and Exhibition Design process to maintain the schedule in accordance with the Project schedule included in this Agreement.2.3.3 Periodic reporting of Project Progress to the clients during Design and Construction.2.3.4 It is the Project Manager’s responsibility to foresee and plan design and construction administration activities to complete the works on schedule and on budget.2.3.5 Monitoring the Building Contractor’s progress against the Project Schedule, review of shop drawings and submittals, site visits to monitor the progress of the work, and weekly / monthly periodic progress reporting to the Clients.2.3.6 The Consultant Consortium will review the work during and after installation, and maintain snag lists, and certify the completion of the Contractor’s partial and complete scope of work. The Consultant Consortium will make recommendations regarding completion of stages of the Contractor’s work to assist the clients in approving the Contractor’s work and associated payments.2.3.7 The Consultant Consortium will be responsible for monitoring the Exhibition Fabricator’s progress against the Project Schedule, review of shop drawings and submittals, site visits to monitor the progress of the work, and weekly / monthly periodic progress reporting to the Clients.2.3.8 The Consultant Consortium will review the work during and after installation, and maintain snag lists, and certify the completion of the Fabricator’s partial and complete scope of work. The Consultant Consortium will make recommendations regarding completion of stages of the Fabricator’s work to assist the clients in approving the Fabricator’s work and associated payments.2.3.9 Managing coordination between the various Consultants and disciplines, and managing coordination between the Contractors, Fabricators and Consultants.2.3.10 Providing interim and final cost estimates for entire Project

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3.

3.1

SCHEDULE OF SERVICES

ARCHITECTURAL SERVICES

A. Preparation of layout plan and concept plans

3.1.1

a) Take Clients instructions regarding requirements of project as a whole, and prepare Pre-design report.b) Prepare layout plan, conceptual plans with reference to requirements given and prepare approximate estimate of cost by area basis.c) Collect site information, site survey and soil condition and furnish report with (b) above.

3.1.2 Modify conceptual plans specifications incorporating required suggestions/changesand prepare preliminary drawings and designs for Clients approval along withrevised preliminary estimate of cost.

3.1.3

a) Prepare drawings/documents and presentations necessary for submission to statutory bodies for sanction and advise on formalities and obtain clearances.b) Upon Client’s/statutory approval necessary for commencement of construction/GFC drawings. Ensure compliance with codes, standards, legislations as applicable.

B. Detailed GFC Drawings & Estimates Stage:

3.1.4 Tender drawings stage:

3.1.4.1 Prepare basic GFC drawings and details for all aspects of work referred under the Clause ‘Scope of Work’ including architectural, structural, plumbing, sanitary, electrical communication system, detailed specifications sufficient for preparation of item-wise detailed Estimate of cost.

3.1.4.2 Prepare basic GFC drawings for external services, site development, roads, pathways, compound wall and landscape works. Prepare tender documents/drawings, quality control procedures on material and works as per requirement of client.

3.1.5 DETAILED ESTIMATE OF COST:

i) Prepare detailed Estimates of cost supported by detailed measurement sheets, calculations and abstract of quantities and cost based on current PWD schedule of rates. In the absence of rate in PWD SOR, the same shall be referred to CPWD SOR or lastly arrived at by actual analysis as applicable to the locality and obtaining the approval of the employer for the same.ii) Preparation of Tender documents for invitation of Tenders and Tender drawings for issue to Tenderers.

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3.1.6 GFC drawings stage:

a) Preparation of detailed GFC drawings for all aspects of Architectural works.b) Preparation of detailed GFC drawings for all aspects of Structural worksc) Preparation of GFC drawings for all aspects of Sanitary, Drainage and Water Supply works.d) Preparation of GFC drawings for all aspects of Electrical works.e) Prepare necessary drawings for ventilation / air-conditioning, (as required)f) Prepare drawings for Landscape work, Interiors, boundary wall, internal roads, Site Development etc.g) Prepare / revise all specific working details, specification etc. as required by the client during construction.

C. Construction stage

i) Visit the site of work at intervals mutually agreed upon (Min. once a month) to inspect the construction works and where necessary to clarify and doubts or interpretation of drawing / specifications, attend conferences and meetings to ensure that the project proceeds generally in accordance with the conditions of contract. The Consultant-Architect will record his observations about the work in a register maintained at the site and render advice on actions if required. The Consultant-Architect shall have local presence in the form of local office at Patna or have resident architect Structural Engineer for required coordination. Preparation and submission of completion reports and drawings for the project as required and with the assistance of Employer’s Engineers.

ii) Advising Employer on exercising cost control and economy measures to ensure that the approved estimates are not exceeded.

On completion of works, Consultant-Architect will prepare and submit two sets of As-builtdrawings and one set on CD of the building and services.

3.2

3.2.1

EXHIBITION DESIGN SERVICES

Concept Exhibition Design:

a) Inception Report;b) Concept Design & Visitor Experience;c) Thematic framework for the exhibition and structure of the visitor experience identifying “wow” or “anchor” experiences;d) Modes of interpretation for each exhibit and Resource allocation - identifies use of collections, equipment, and other resources;e) Floor plans and spatial layouts;f) Visitor flow and capacity diagrams;g) Sketches, perspectives and reference images;h) Preliminary Order of Magnitude Budget estimate;i) Preliminary Implementation Plan

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3.2.2 Exhibition Design Development

a) Detailed Exhibit Design including dimensioned floor plans, elevations and component by component design;b) 3d views/renderings;c) Materials and finishes with preliminary performance specification;d) Graphics panels typical layouts and custom panel layouts;e) Draft lighting and AV plans and preliminary equipment selectionf) Exhibit Budget Allowancesg) Draft English Text and draft AV outlines

3.2.3 Exhibition Content Coordination (concurrent with Exhibition Design Development)

a) Final client approved English Text and Hindi translations;b) Graphic Design for all graphic panels;c) AV outlines / storyboard including Key Message, Program Summary, Communication Objectives, Means of expression / Visitor Experience and Exhibit Description and Script outline including proposed AV hardware to achieve required effect;d) Graphics lists: images to be purchased with sources and copyright information, list and instructions for new photography, illustrations/maps/patterns to be created

3.2.4 Exhibition Design Tender Documents:

Preparation of the Tender package for inviting tenders from Exhibition Fabricators:

a) Tender Drawings including component by component detailed design, exhibit lighting and AV SLD’s;b) Performance Specifications for all exhibits and their components, materials, etc. in for the complete exhibition;c) Graphic Panels Typicals & Custom layouts and style templates;d) Final Graphics Panels’ vetted text content in English & Hindi (including Translations);e) Final client approved list of images to be purchased with sources and copyright information, listed instructions for new photography, illustrations/maps/patterns to be created;f) Final AV Outlines

3.2.5 Appointment of the Exhibit Fabricator

Working with the Project Management team, assist the clients in preparing the Bid Packageand reviewing the Bids including making comparative statements and analysis, and making arecommendation for Appointment of the Fabricator.

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3.2.6 Exhibition Fabrication Supervision:

Working with the Project Management team, Exhibition Design team will be responsible for:

a) Organize a kick-off meeting with Fabricator and explain the Exhibition Design and know from the fabricator how they intend to complete the work. Set out detailed protocol for fabrication and installation construction administration by type of exhibits and process such as RFIs, submittals, change orders, progress reporting, schedule and implementation plan, etc. The proceedings of the workshops and detailed fabrication supervision roadmap are to be documented in the Fabrication Inception Report.b) Monitoring the Exhibition Fabricator’s progress against the Project Schedulec) Review of shop drawings and submittals and recommend for approval to the clientd) Site visits to monitor the progress of the worke) Weekly / monthly periodic progress reporting to the Clients.f) Review the work during and after installation, and maintain snag listsg) Certify the completion of the Fabricator’s partial and complete scope of work.h) Make recommendations regarding completion of stages of the Fabricator’s work to assist the clients in approving the Fabricator’s work and associated payments.i) The exhibition designer shall have local presence in the form of local office at Patna or have resident representatives for required coordination.

3.3

3.3.1

PROJECT MANAGEMENT

Ensuring that the Site & Building Design and Construction work is progressing onschedule; providing monthly or fortnightly progress reports to the client, andwhenever else requested, including listing of full work scope and comparisonbetween target schedule and actual milestones achievement dates.

Ensuring that the Exhibition Design and Fabrication work is progressing on schedule;providing monthly or fortnightly progress reports to the client, and whenever elserequested, including listing of full work scope and comparison between targetschedule and actual milestone achievement dates.

Prequalification / Shortlisting of contractors / vendors for various tenders,publicizing the tenders with qualified contractors and vendors.

Preparation of the Tender for Appointment of the Building and Site Contractor(s)including specialty vendors such as furniture, way finding and signage, kitchenequipment, BOH equipment, etc.

Preparation of the Tender for Appointment of the Exhibition Fabricator(s) for fullscope of Exhibition Fabrication and Installation.

Coordinating tendering process including making comparative statements andanalysis, negotiations meetings and final recommendation

Defining terms and conditions of contracts for contractors, vendors and fabricators.

Providing interim and final cost estimates for entire Project

3.3.2

3.3.3

3.3.4

3.3.5

3.3.6

3.3.7

3.3.8

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3.3.9 Reviewing and vetting out the BOQ for the works as prepared by contractors /vendors / fabricators.

3.3.10 Ensuring seamless coordination between the Consortium members and sub- consultants so the project progresses smoothly throughout. If any discrepancies are found, solving the problems and recommending the path forward to client.3.3.11 Preparing, tracking and maintaining micro-schedules of scope of work and concurrent activities for Site and Building Design (Architecture, Landscape, Engineering, Kitchen, FF&E etc.), Exhibition Design, Content Coordination, Fabrication and Installation with inputs from various members of the Consultant Consortium including sub-consultants, and ensuring that the Design work is progressing per schedule.

3.3.12 Tracking of micro-planning, submitted by Contractors / Fabricator, to monitor status of works on a day to day basis.

3.3.13 Developing and maintaining documentation process for regular project status monitoring and reporting such as: Activity list: lists the status of all follow-ups on all issues related to the project. This also serves as an agenda for all coordination meetings. Weekly Progress report: lists the status of all works under execution and further planning for next week. It also includes overall status of each activity under execution. Monthly presentation: to update the Client’s management on project Status. Schedules and supplementary documentation as needed.

3.3.14 Maintenance of site records of all updated construction documents, statutory permissions, drawings, site instructions, etc. The Project Management team shall have local presence in the form of local office at Patna or have resident Project Managers for required coordination.

4.

4.1

4.2

4.3

4.44.5

4.6

PROFESSIONAL FEES PAYABLE

The total Fee payable for all services mentioned in items ‘SCOPE OF WORK’ and‘SCHEDULE OF SERVICES’ shall be a (Negotiated lump-sum fee).In addition, Service Tax/ GST applicable as per Govt. of India norms would be payableon the Professional Fee payable.Traveling expenses to the site including lodging / food etc. by the principal consultant/sub-consultants shall be included in 4.1 aboveIn case of repeat block in the campus, fee payable shall be 35% for each repetition.All drawings and documents will be submitted in 6 (six) sets free of cost. Additionalcopies would be supplied on actual cost.Within 20% of area increase in original overall project built up area, no extra fee willbe paid. In case of enhancement of more than 20%, the Consultant Consortium maybe eligible for pro-rated increase in fees as approved by the Client.Any delay in agreed deliverable time schedule will invite penalty @1% per weeksubject to maximum 10% of the fee. Failure of timeline at any two levels will lead todisqualification of consultant consortium and termination of agreement.

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5. MODE OF PAYMENT

Fees due, percentage of fees in Para 4.1*

5.1.1

5.1.2

5.1.3

5.1.4

5.1.5

5.1.6

5.1.7

On completion of services mentioned in item3.1.1 (Sketch Stage):On Completion of Services mentioned in item3.1.2 (Final preliminary Drawings):On completion of service mentioned in item3.1.3 (Statutory Drawings stage) and afterClient’s approval:On completion of service mentioned in item3.1.4 (Tender drawings stage):On completion of service mentioned in item3.1.5 (Detailed Estimates of Cost):On completion of services mentioned in item3.1.6 (GFC Drawings stage)**:After 3 months of virtual completion &submission of ‘as built’ drawings:

5% (Five percent) of total Feespayable2.5% (Two and a half percent) oftotal Fees payable2.5% (Two and a half percent) oftotal Fees payable

5% (Fifteen percent) of total Feespayable5% (Five percent) of total Feespayable20% (Twenty percent) of total Feespayable10% (Ten percent) of total Feespayable

5.2.1

5.2.2

5.2.3

5.2.4

5.2.5

5.2.6

5.2.7

On completion of services mentioned in item3.2.1 (Concept Exhibition Design) and clientapproval:On completion of services mentioned in item3.2.2 (Exhibition Design Development) andclient approval:On completion of services mentioned in item3.2.3 (Exhibition Content Coordination) andclient approval:On completion of services mentioned in item3.2.4 (Exhibition Design Tender Documents)and client approval:On completion of services mentioned in 3.2.5(Appointment of Exhibition Fabricator) uponappointment of fabricator:On completion of services mentioned in 3.2.6(Fabrication Inception Report) and clientapproval:After 3 months of opening of the galleries andsubmission of Exhibits Acceptance Report

4% (Four percent) of total Feespayable




2% (Two percent) of Fees of totalFees payable

2% (Two percent) of total Feespayable

10% (Ten percent) of total Feespayable

5.3.1

5.3.2

On recommending acceptance of buildingcontractor’s civil & structural work completionthat is free of snags, and client approval:On recommending acceptance of buildinginterior construction completion (exceptgalleries) that is free of snags, and clientapproval:

5% (Five percent) of Fees of totalFees payable


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5.3.3 On recommending acceptance of 50% of built exhibits, installed AV’s and installed graphic panels that are all free of snags, and client approval:5.3.4 On recommending acceptance of 100% of built exhibits, installed AV’s and installed graphic panels that are all free of snags, and client’s approval:

TOTAL



100%

*Above distribution of fees has no bearing on Consultant-Architect’s distribution offees to Consortium members and sub-consultants**The quantum payable against GFC Drawings will be released in instalments as givenbelow: a) All Architectural & Structural drawings up to plinth/foundation stage: b) All Architecture GFC drawings : c) All Structural GFC drawings: d) All Sanitary and Water Supply drawings, Electrical drgs and air-conditioning drgs. e) All drawings for Site Development and External services etc.

4%4%4%

4%4%20%

6. CLIENT’S RESPONSIBILITIES:

The following shall be the responsibilities of the client:

6.16.2

6.3

Provide detailed requirements of the project.Facilitate Furnishing of reports on soil conditions and soil test as required by theConsultant-Architect; to be conducted by Consultant-Architect on behalf of the client.Pay the fees of the Consultant-Architect within four weeks of submission of bills,subject to clearance of bills as per agreement.(In case of non-payment/ delay/rejection, the same to be conveyed to the Consultant-Architect in time)

7. TIME SCHEDULE

The time schedule shall be as follows unless otherwise specifically instructed by the client

Item SITE & BUILDINGa Preparation of pre-design report as per item 3.1.1b Preparation of concept plan as per item 3.1.1 draft pre-qualification document coordination meeting at Patna

Preparation of revised concept plan as per item3.1.2Issue of pre-qualification documents to prospectivebiddersCoordination meeting at PatnaPreparation of statutory drawings/documents/approvals

Duration

Already Done2 weeks after agreement

Sl. No.

7.117.11

7.12

7.13

7.14

4 weeks after agreement



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Sl. No.7.15

ItemPreparation of tender documents/ drawings/detailed estimates/ BOQ coordination meeting atPatna/Review of combined site/building/exhibitionfabrication contractor’s bidsTechnical sanction by BCD

GFC drawing stage

Duration16 weeks after agreement


2 weeks after submissionIn phases as required sothat work process is notaffected

7.16

7.177.18

7.19

7.20

7.21

7.22

7.23

Foundation stone layingConstruction

EXHIBITION DESIGNSubmission of Concept Exhibition Design as peritem 3.2.1Submission of Exhibition Design Development asper item 3.2.2

Submission of Exhibition Content Coordination asper item 3.2.3Submission of Exhibition Tender Documents as peritem 3.2.4Review of combined site/building/exhibitionfabrication contractor’s bids and recommendationfor appointment as per item 3.2.5Technical sanction by client for Appointing ofcombined site/building/exhibition fabricationcontractor

Submission of Fabrication Inception Report as peritem 3.2.6Fabrication supervision activities as per item

Submission of Exhibits Acceptance Report






2 weeks after submission

Immediately after award ofFabricationContinuous as required toprogress fabrication andinstallation3 months after opening ofthe galleries and whenworking completely snagfree

7.24

7.25

7.26

7.27

7.28

PROJECT MANAGEMENT On recommending acceptance of building contractor’s civil & structural work completion that is free of snags, and client’s approvalOn recommending acceptance of building interiorconstruction completion (except galleries) that isfree of snags, and client’s approval

Submission of 50% exhibit installation completion recommendation Submission of 100% exhibit installation completionrecommendation

7.29

7.30

(Consultant-Architect has to provide comprehensive work programme bar chart of theirservices showing dependencies, milestones and parallel works across disciplines. The TimeSchedule may be subject to minor modification/ overall reduction in conjunction with reviewof consultant consortium work schedule per Annexure - 2)

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8.

8.1

8.2

BUILDING SUB-COMMITTEE:

Project Sub-Committee consisting of Representatives of client and Consultant-Architect may, if necessary, be constituted for co-ordination.The Consultant-Architect would be required to participate in the meetings asnecessary at Patna during at important construction stage.

9.

9.1

EXECUTION OF THE ASSIGNMENT:

All the stages of work shall be completed by the Consultant-Architect and thenecessary approval given by the clients according to the time schedule mutuallyagreed upon.

In the event of Consultant-Architect firm closing its business, the clients shall have thepower to employ any other agency to complete the work and all due payments shallbe forfeited with penalty of blacklisting of the consultant.

In the event of reduction of the scope of construction after approval of the work doneby the Consultant-Architect at any stage mentioned in clause 5 above, the Consultant-Architect shall be entitled to the appropriate percentage due up to the relevant stageon the value of the portion of the work that is abandoned in addition to thepercentage due on actual cost of work completed.

TERMINATION:

Termination for defaults

The client may without prejudice to any other remedy for breach of agreement,by written notice of default sent to the consultants, terminate the agreement inwhole or in part:a) If the Consultant-Architect fails to deliver any or all of the services within the time period(s) specified in the agreement or any extension thereof granted by the client in writing.b) If the Consultant-Architect fails to perform any other obligations under the agreement, Orc) If the Consultant-Architect fails in either of the above circumstances, do not cure its failure within a period of thirty (30) days after receipt of the default notice from the client or any such extensions allowed from time to time, under the circumstances that appear reasonable until a conclusion is arrived at that the Consultant-Architect has abandoned the project which connotation shall be construed mean a defined under the prevalent contract laws.d) If the Consultant-Architect refuses to accept and perform the assignment given by the client.e) In the event of the failure on the part of the Consultant-Architect to complete his work or the clients to give their approval and / or make payments within the time specified in the time schedule or in the event of either of the parties committing a breach of any one or more of the terms and conditions of the agreements, the aggrieved party shall be entitled to rescind this agreement without prejudice to its rights to claim damages or remedies under the law. The period of notice to be given to rescind the

9.2

9.3

9.4

9.4.1

9.4.1.1

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contract will be 30 days. No payment to the Consultant-Architect would bedone except those which have already been made or which may becomepayable against the bills of works already submitted as on the date of notice.

9.4.1.2 In the event, the Consultant-Architect terminate the agreement in whole or inpart, client may get the services done, upon such terms and in such manner as itdeems appropriate, similar to those not rendered, with all payments due to theConsultant-Architect up to that stage shall be liable to be forfeited and the clientshall be at liberty to claim excess cost of such services, cost escalation and anyother resulting damages by means of appropriate civil actions. However, theConsultant-Architect shall continue to perform as per agreement, if notterminated.

Termination for insolvency :

The client may at any time also terminate the agreement by giving written noticeto the Consultant-Architect without compensation to the consultant, if theConsultant-Architect becomes bankrupt or otherwise insolvent, provided thatsuch termination will not prejudice or affect any right of action or remedy whichhas accrued or will accrue thereafter to the client.

The Consultant-Architect shall prepare drawings, designs, outline specifications andestimates of cost by cubic measurements or on areas basis on schedule of rates of thePWD SOR. In the absence of rate in the aforesaid schedule of rates, the same shall bereferred to CPWD, SOR (DSR) or arrived at by actual analysis.

The Consultant-Architect shall assume full responsibility for the design andspecifications for items described in the scope of work. The clients will have full accessto the details of the calculations and the designs for purpose of scrutiny for satisfyingthemselves as to their correctness. The Structural / services consultants of theConsultant-Architect will render all possible help for the above scrutiny.

The Consultant-Architect shall supply to the client free of cost six sets of final drawingsat stage3. 2 of the agreement, six sets of all drawings, specifications and otherparticulars in stages thereafter. Any additional sets required by the client shall be paidfor on actual cost basis.

The Consultant-Architect shall not make any deviation, alteration or omission fromthe approved drawings, involving financial implication without prior consent of client.

The Consultant-Architect shall make necessary revisions as may be required by clientin the drawings and other documents submitted by him at the draft stage. Anysubsequent revisions in the drawings and other documents once approved required tobe made by client shall also be made available free of cost by the Consultant-Architect.

9.4.2

9.4.2.1

9.5

9.6

9.7

9.8

9.9

9.10 No change shall be made in approved drawings and specifications at site without the consent of the Consultant-Architect.

9.11 The client shall have the liberty to postpone or not to execute any work and the Consultant-Architect shall not be entitled to any compensation for non-execution of

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the work except the fees which are payable to the Consultant-Architect up to the stage of services already submitted.9.12 The agreement shall be governed by the Indian laws in force from time to time and the courts at Patna shall alone have exclusive jurisdiction to entertain and try any or all matters arising out of this agreement.

9.13 Any disputes or differences in connection with the agreement shall be, to the extent possible, settled amicably between the parties. If it cannot be reached then, all disputed issues shall be settled by arbitration as proposed hereafter, subject to termination clause mentioned in this agreement.

10. ARBITRATION :

10.1 Any Dispute which is not resolved amicably by conciliation, as provided, shall be decided by reference to arbitration. Any dispute between the parties as to matters arising pursuant to this contract which cannot be settled amicably within thirty (30) days after receipt by one party of the other party's request for amicable settlement will be settled by the reference to the Bihar Arbitration Tribunal constituted by the Bihar Arbitraral Tribunal Act, 2008 at the instance of either parties.

10.2 Any Award made by the Bihar Arbitration Tribunal shall be final and binding on the Parties as from the date it is made, and both the parties to this agreement agree and undertake to carry out such Award without delay subject to the further provisions of Bihar Arbitraral Tribunal Act, 2008.

10.3 The Consultant-Architect and the Government agree that an Award may be enforced against the Consultant-Architect and/or the Government, as the case may be, and their respective assets wherever situated.

This Agreement and the rights and obligations of the Parties shall remain in full force andeffect, pending the Award in any arbitration proceedings hereunder.

Witness

1. _________________________________()

Parties

1. ______________________ ()

(First Party)

2. __________________________________( )

2. _______________________( )

(Authorized Signatory) (Second Party)

ANNEXURE

Annex 1: Deployment of PersonnelAnnex 2: Work Plan (Consultant-Architect to include micro-planning work schedule for fullscope of works)

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PROPOSED UPGRADATION OF PATNAMUSEUM.Format for Power of Attorney

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(Each member of the Consortium is to provide a Power of Attorney for the Lead Consortiumfirm’s Authorized Signatory.

The mode of execution of the Power of Attorney should be in accordance with the procedure,if any, laid down by the applicable law and the charter documents of the executant(s) andwhen it is so required the same should be under common seal affixed in accordance with therequired procedure.

Also, wherever required, the Applicant should submit for verification the extract of thecharter documents and documents such as a resolution/power of attorney in favour of theperson executing this Power of Attorney for the delegation of power hereunder on behalf ofthe Applicant. For a Power of Attorney executed and issued overseas, the document will alsohave to be legalized by the Indian Embassy and notarized in the jurisdiction where the Powerof Attorney is being issued.)

POWER OF ATTORNEY(provide one each for First, Second and Third Consortium Member firm)

Know all men by these presents, We, _________________________(name of Consortium memberfirm and address of the registered office) do hereby constitute, nominate, appoint and authorizeMr./ Ms.____________________________, son/daughter/wife and presently residing at _________,who is employed by the Lead Consortium firm _________________(name of Lead Consortiummember firm and address of the registered office) and holding the position of ________________as our true and lawful attorney (hereinafter referred to as the “Authorized Representative”) todo in our name and on our behalf, all such acts, deeds and things as are necessary or required inconnection with or incidental to submission of our Proposal for and selection as the consultants forComprehensive Design Services for Upgradation of Patna museum at Patna, Bihar, Indiaproposed to be undertaken by the Department of Art and Culture(DAC) and BuildingConstruction Department (BCD) including but not limited to signing and submission of allapplications, proposals and other documents and writings, participate in pre-bid and otherconferences and providing information/ responses to DAC/BCD, representing us in all mattersbefore DAC/BCD, signing and execution of all contracts and undertakings consequent toacceptance of our proposal and generally dealing with DAC/BCD in all matters in connection withor relating to or arising out of our Proposal for the said Project and/or upon award thereof to us tillthe entering into of the Agreement with BCD.

AND we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused tobe done by our said Authorized Representative pursuant to and in exercise of the powers conferredby this Power of Attorney and that all acts, deeds and things done by our said AuthorizedRepresentative in exercise of the powers hereby conferred shall and shall always be deemed tohave been done by us.

IN WITNESS WHEREOF WE, THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWEROF ATTORNEY ON THIS _______DAY OF ______ 201______For________________

________________________________(Signature)

________________________________(Name, Title and Address)

Witnesses:1.[Notarized]

2. Accepted

______________________________(Signature)

______________________________(Name, Title and Address of the Attorney / Lead Consortium firm’s Authorized Signatory)

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Government of Bihar BUILDING CONSTRUCTION DEPARTMENT ... · 1.3 The newly constructed Bihar Museum...

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