Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development

Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______

RAJIV GANDHI RURAL HOUSING CORPORTION LIMITED Bengaluru

Tender [EoI] Document

Empanelment for Architect Engineering Companies [AEC] [EoI] for Development of various works identified by

Rajiv Gandhi Rural Housing Corporation Limited (RGRHCL)

Detailed Tender Notice, Instructions to Tenderers and

Detailed Scope of Work

Tender Notice No.

RGRHCL/T-EMP/01/2017-18 Dated: 26.12.2017. .

The Managing Director, Rajiv Gandhi Rural Housing Corporation Limited,

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______No. 1,2,3,4 I.T. Park, Rajajinagar Industrial Area, Rajajinagar, Bengaluru – 560 044.

Tender Notice: RGRHCL/T-EMP/01/2017-18 Date: 26.12.2017

Sub: Tender Document for Empanelment for Architecture Engineering Companies (AEC) for Development of various works identified by Rajiv Gandhi Rural Housing Corporation Limited (RGRHCL).

Please find enclosed herewith Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by Rajiv Gandhi Rural Housing Corporation Limited (RGRHCL).

Date of submission of documents is 16.01.2018 upto 16.00 Hrs.

Thanking you,

General Manager (Technical)

Rajiv Gandhi Rural Housing Corporation Limited

Encl: Detailed Tender Notice, Instructions to Tenderers & Detailed Scope of Work.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______

Tender Document

Empanelment for Architect Engineering Companies [AEC] for Development of various works identified by

Rajiv Gandhi Rural Housing Corporation Limited (RGRHCL)

Dated: 26.12.2017.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______CONTENTS

SECTION DESCRIPTION

Section 1 Letter of Invitation

Section 2 Information to Consultants (ITC)

Data Sheet – Information to Consultants

Section 3 Technical Proposal – Standard Forms

Section 4 Financial Proposal – Standard Forms

Section 5 Terms of Reference

Section 6 Payment Terms

LETTER OF INVITATION

Tender Notice No RGRHCL/T-EMP/01/2017-18. Dated:26.12.2017

Introduction:

In its quest 'to transform Bangalore into an ideal global destination with high quality infrastructure, better quality of life by ensuring sustainable and planned development based on effective monitoring, regulation, through participatory and innovative approach'. Rajiv Gandhi Rural Housing Corporation Limited (RGRHCL) has decided for Appointment of Empanelment for Architect Engineering Companies (AEC) for Development of various identified works.

2. Eligibility criteria of Consultant for Bidding: The Consultant should be a legal entity under The Indian Companies Act and no joint ventures/consortium or associations are allowed. The company should have the following threshold qualifications to be eligible for bidding and issuance of Bid Documents:

Financial: I. Minimum annual turnover of Rs. 5 Crores in each of the two financial years in the preceding 3 years (2014-15. 2015-16, 2016-2017) II. Should be a profit making company and should have positive networth as on 31-3- 2017

Technical: I. The Consultant should have been in existence for last ten years as consultant to government and semi government institutions II. Consultant should have an established office in Bangalore City for last three years. The Consultant should have experience in development of EWS/ Affordable housing projects for at least 2000 dwelling Units in multi-stored buildings in Metropolitan areas in India for a Government I Semi-Government Agency in the last 7 years

III. Should have dEMDnstrated capacity of preparation of DPR to provide support to the govt. body for implementing large housing projects with allied infrastructure in schemes Karnataka.

V. Should have dEMDnstrated capacity to assist public sector in designing, structuring and acting as transaction advisor to execute building projects through Public Private Partnership.

The last date of submission of proposals is up to 16.00 hrs till 16.01.2018. The bids will be opened at 16.30 hrs on 18.01.2018 if possible in the presence of those bidders who choose to attend.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______The consultants shall be empanelled based on technical scores scored during technical evaluation. Minimum three and maximum six top scorers shall be invited to negotiate rate and those accepting the commonly negotiated rates shall be empanelled. A common rate shall be negotiated and finalized for all the empanelled consultants and work shall be assigned to interested bidders on the same rates & it shall be binding for them to work on the agreed rates for minimum period of two years from the empanelment. The Managing Director of RGRHCL reserves the right to allocate the work to the any project or part thereof to any empanelled or qualified agency / agencies at the common rate worked out for a sector/project. The agency scoring highest and have highest related experience shall be given preference to award the assignment.

The Consultant(s) shall be solely responsible for any cost they may incur for site visit, transport, faxes, postage and telephones etc. in the process of submission of proposal. The 'Rajiv Gandhi Rural Housing Corporation Limited' reserves the rights at its absolute discretion to proceed or not to proceed with the project. Should they require any further information they may contact the Rajiv Gandhi Rural Housing Corporation Limited Office at the aforesaid address.

General Manager (T), Bangalore

SECTION 1

INSTRUCTIONS TO BIDDERS

Section 1 Instructions to Bidders

The objective of this Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by Rajiv Gandhi Rural Housing Corporation Limited

1. With the aforesaid broad objectives, the 'Rajiv Gandhi Rural Housing Corporation Limited' invites proposal from reputed consultants for Empanelment for Architect

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______Engineering Companies (AEC) for Development of various works identified by Rajiv Gandhi Rural Housing Corporation Limited

2. Formats for submission of Proposals and the Terms of Reference (TOR) are enclosed in Section 2, viz, "Scope of Work and Terms of Reference".

3. Submission of Proposal

Proposals shall be submitted in two separate folders "Folder 1" and "Folder 2". The contents of these folders will be as under:

1) Folder-1: "Technical proposal" - through e-procurement portal only. EMD shall be enclosed along with folder 1

2) Folder-2: "Financial Proposal" - through e-procurement portal only.

(a) Receipt of Tender through e-procurement portal only.

(b) The proposal should be submitted by a firm individually. Consortium/Joint Ventures are allowed.

(c) Tender Documents may be downloaded from Government of Karnatakae-Procurement websitehttp://eproc.karnataka.qov.in through contractor's login. Aspiring Bidders/Contractors who have not registered in e-procurement should register before participating through the website http://eproc.karnataka.qov.in.

(d) Bidders/Contractors can access tender documents on the website, fill them and submit the completed tender documents into electronic tender on the website http://eproc.karnataka.gov.inafter submitting the tender processing fee in the form of e- payment.

(e) Bidders/Contractors Should attach all the Scanned copies of certificates pertaining to their eligibility criteria, qualification information documents, EMD through e-payment only. No physical documents shall be considered.

(f) Non-submission of tender attracts action as per conditions stipulated in the rules of Registration of Contractors.

(g) Any effort by the Bidders/Contractors to influence in the bid evaluation, bid comparison or contract award decision results in rejection of the consultants bid.

(h) A successful tenderer will have to execute an agreement for the related schedules of a project awarded to the successful tenderer / agency / bidder as per Standard document for procurement of work with the Managing Director, Rajiv Gandhi Rural Housing Corporation Limited, Bangalore within 7 days upon receipt of intimation, falling which is tender will be rejected and EMD will be forfeited.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______(i) The work shall be commenced with all earnestness within 7 days from the date of issue of work order, failing which it would be presumed that he is not interested in the work and action will be taken to get the work executed through alternate agency. j) The Managing Director of RGRHCL reserves the right to allocate the work to the any project or part thereof to any empanelled or qualified agency / agencies at the common rate worked out for a sector/project.

(k) Corrigendum's/ modifications/ correction, if any, will be published in the website only.

(l) Rajiv Gandhi Rural Housing Corporation Limited, reserves the right to accept I reject any or all tender without assigning any reasons.

(m) Further details of work can be obtained of the office of the Managing Director Rajiv Gandhi Rural Housing Corporation Limited, No.1,2,3,4 I.T. Park, Rajajinagar industrial Area, Rajajinagar, Bangalore - 560 044 on all working days between 3.30 P.M to 5.30 P.M

(n) For details, registration and e-payment visit GOK e-Procurement website http://eproc.karnataka.gov.in or contact e-Procurement Helpdesk at 080- 23010900, 080- 23010901, 080-38013000, 080-41296235.

5. Language of Proposals: All information in the Proposals shall be in English. Information in any other language shall be accompanied by its translation in English. Failure to comply with this may disqualify the Proposal. In the event of any discrepancy in meaning, the English Language copy of all documents shall prevail.

6. Local Conditions: It will be imperative on each bidder to fully acquaint themselves of all local conditions and factors, which may have any effect on the execution of services covered under this document. It must be understood and agreed that all the factors have properly been investigated and considered while submitting the proposals. No claim for financial adjustment will be entertained by 'RGRHCL'. Please note that the cost of preparing the proposal, presentation and of negotiating the contract including site visits etc. will not be reimbursable by the RGRHCL.

7. Price Proposals: The Bidders are required to quote their fees as percentage of project cost inclusive of prevailing taxes and statutory taxes as on the date of submission of tender except Goods & Service Tax which shall be paid at the rates applicable on the date of payment. In this connection, please refer FORM 5 as per which the prices are required to be quoted.

8. Duties and Taxes: All duties, taxes and other levies as applicable on date of submission of Tender shall be payable by the Agency in respect of the transaction between the Agency and their vendors/sub-suppliers shall be included in the Proposal's price and 'Corporation' will entertain no claim on this behalf. All taxes, duties and levies in respect of the transaction between 'Corporation' and Agency shall be included

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______in the price quoted. However, any increase in the statutory tax after submission of bid shall be on 'Corporation's account and shall be reimbursed on actual basis wherever there is any increase.

9. Validity: The proposal shall be kept valid for a period of Two years from the stipulated last date for receipt of proposals as mentioned hereafter. The overall offer including key personnel proposed for the assignment and your quoted prices shall remain unchanged during the period of validity.

10. Evaluation of Offers: Proposals received and found responsive will be evaluated by 'Technical Committee' of 'Corporation'. The Bidders should take enough care to submit all the information sought in this document in the desired formats. The Proposals are liable to be rejected if information is not provided in the desired formats.

10.1 Technical Proposal - The Technical Proposal shall comprise the following and will be submitted as per formats (wherever indicated and enclosed in Appendix 1):

I. Details of Organization set up State whether proprietorship, partnership, Private Limited or Public Limited.

ii. Financial status indicating annual turnover. Ill. Balance sheet for the past three years.

iii. Details of Similar Assignments

iv. Certificates of having worked as Consultant for similar jobs as per scope of work defined in section 2 for completion/Ongoing works of infrastructure projects for Corporation or any other government firm from not below the rank of Superintending Engineer/City Engineer of organization in last five year

vi. Staff strength of organization and Curriculum vitae of Key personnel's.

11. Evaluation: The proposals, in general, shall be evaluated on the following basis:

{a) Technical Proposal: The technical strength of the consultant is evaluated after combining the marks scored as per the Evaluation Criteria (See Annexure 2 of Section 2). The minimum qualifying score in each part would be 75% and overall minimum qualifying score shall be 80%. The combined score will be treated as marks achieved under Technical proposal.

{b) Financial Proposal: The Bidders who secure more than or equal to 80% marks in the technical proposal shall only qualify for consideration of opening of financial proposal. Financial Proposals of all qualifying Bidders will be opened.

The Bidders will quote their fees as percentage of project cost inclusive of all prevailing taxes and statutory taxes except Goods & Service Tax which shall be paid at the rates applicable on the date of payment for conducting each Schedule of the

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______assignment separately, and will include interalia, the fee for all components identified in the Terms of Reference. The Price Proposals is to be provided in the formats shown in Appendix2. Significant lack of clarity on cost of any item as called for above could lead to the Proposals being rejected, if it hinders a uniform evaluation process, even if the Proposals meets all other Bidders and technical criteria.

12. Award of Contract:

Notification on Award of Contract to the Consultant will be made in writing to the qualified bidder by "Corporation". There shall not be any binding on the part of RGRHCL to assign the job to the lowest bidder. Successful tenderers will have to execute an agreement for the related schedules of a project. The selection of consultant will be at the sole discretion of 'Corporation" who reserves their rights to accept or reject any or all the proposals without assigning any reason. 'Corporation" reserves the right to call for additional information from the Bidders.

After evaluation of Technical bid, financial Bids of minimum three or maximum six Top accepted qualified Bidders as per table in Annexure 2 Section 2 shall be opened at the notified time, date and place in the presence of the qualified Bidders or their representatives. The Bids shall remain valid for normal 120 days from the date of opening of Financial Bid.

13. Tender document:

Please note that the Request for Proposal (TENDER) documents shall not be sent by post, courier, etc. The proposal shall be submitted in terms of Para 4 of this Section 1. No offer will be accepted after the last date & time of submission.

14. Earnest Money Deposit: Refer e-payment details in the portal.

14.1 The consultant shall furnish, as part of his tender, Earnest Money Deposit (EMD) in the amount as shown in column 3 and Tender processing fee in the amount as shown in column 4 of the Table of IFT for this particular work. This earnest money deposit/Tender processing fee can be paid in the e procurement portal using any of the following modes:

a. Credit Card B. Direct Debit C. National Electronic Fund Transfer (NEFT) D. Over the Counter (OTC) E. Net banking

NEFT payment procedure

If a consultant chooses to make payment of EMD/ Tender processing fees using Reserve Bank of India's (RBI) National Electronic Fund Transfer (NEFT) system, the consultant will need to

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______log into e procurement system, access the tender for which bid is being created and then select the NEFT option under the payment section and print the Challan shown in that section. The printed challan will have the unique bid reference number, account details of Government of Karnataka and the amount to be remitted. The consultant has to submit the printed challan to its bank-branch (NEFT-enabled) and request for an account-to-account transfer, wherein the money will get transferred from request the consultants' bank account to GoK's bank account. The consultant should ensure that NEFT transfer instructions are executed and the funds are wired to the Government of Karnataka's principal account before the last date for bid submission and preferably 24 hours before the last date for bid submission. If the consultants' bank transfers/wires the money after the last date for bid submission, the consultant's bid will be liable for rejection. Upon executing the transfer, the consultants' bank will provide a reference number generated by NEFT software as confirmation of transfer, which has to be inputted by consultant in the payment section of its bid as payment confirmation before the bid is submitted (i.e.) as pre-requisite for bid submission. Also, the account number from which the funds were transferred have to be inputted in thee procurement system as part of its bid.

OTS payment procedure

If a consultant chooses to make payment of EMD/Tender processing fees Over The Counter (OTC) in any of the designated ICICI Bank branches listed in the e procurement web-site (http://eproc.karnataka.gov.in), the tenderer will need to log into e procurement system, access the tender for which bid is being created and then select the OTC option under the payment section and print the Challan shown in that section. The printed challan will have the unique bid reference number and the amount to be remitted. Along with the challan, consultant can choose to make the payment either in the form of cash or in the form of Demand Draft. Cheque payments will not be accepted. The consultant is requested to specifically inform the bank officer to input the unique bid reference number printed in the challan in the banking software. Upon successful receipt of the payment the bank will provide a 16-digit reference number acknowledging the receipt of payment. This 16-digit reference number has to be inputted by consultant in the payment section of its bid as payment confirmation before the bid is submitted (i.e.) as a pre-requisite for bid submission.

a) EMD amount will have to be submitted by the consultant taking into account the following conditions: (i) EMD will be accepted only the form of electronic cash (and not through Demand Draft or Bank Guarantee) and will be maintained in the Govt.'s central pooling account at ICICI Bank until the contract is closed. (ii) The entire EMD amount for a particular tender has to be paid in a single transaction (iii) An Amount of Rs. 1,00,000/- needs to be paid as earnest money deposit (EMD).

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______b) The consultant's bid will be evaluated only on confirmation of receipt of the payment (EMD) as indicated in Sub-Clauses 10.1 (a) in the Government of Karnataka Central pooling a/c held at ICICI Bank.

14.1 Any tender not accompanied by an acceptable earnest money deposit and not secured as non indicated in Sub Clauses 10.1 above shall be rejected by the Employer as non- responsive

14.2 The earnest money deposit of unsuccessful consultants will be returned within 30 days of the end of the tender validity period specified in Sub-Clause 9.10.

14.3 The Earnest money deposit of the successful consultant will be discharge only after entering into agreement with RGRHCL.

14.4 The earnest money deposit may be forfeited:

a) If the Tenderer withdraws the Tender after tender opening during the period of tender validity. b) If the Tenderer does not accept the correction of the Tender Price, pursuant to Clause 21; or c) In the case of a successful Tenderer, if the Tenderer fails within the specified time limit to (i) sign the Agreement; or (ii) furnish the required Security deposit

15. The proposal which is not accompanied with the required fee / Bid security money as per 15 and 16 above shall not be processed and shall be deemed to be non-responsive.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______The schedule of bidding is given below: Pre bid meeting 29.12. 2017 AT 11.00 am Last Date & Time for Receipt of Tender 16.01.2018 AT 4:00 PM

Date & Time Opening of Technical Bid 18.01.2018 AT 4:30 PM

Date & Time Opening of Financial Bid Will be intimated to the qualified tenderer

17. Security Deposit: Initial Performance Security shall be Rupees Three Lakhs and further 2% of the contract value.

Within 10 days of receipt of the Letter of Acceptance, the successful consultant shall deliver to the Employer a Security deposit in any of the forms given below for an amount of Rupees Three Lakhs.

- Cash or - Banker's Cheque / Demand Draft / Fixed Deposit Receipt / Pay order in favour of The Managing Director, Rajiv Gandhi Rural Housing Corporation Limited, Bangalore, payable at Bangalore, or - A bank guarantee in the form given in Section 9 or - Specified Small Savings Instruments pledged to The Managing Director, Rajiv Gandhi Rural Housing Corporation Limited, Bangalore.

If the security deposit is provided by the successful consultant in the form of a Bank Guarantee, it shall be issued either by a Nationalized/Scheduled bank. The security deposit if furnished in demand draft can, if requested, be converted to interest bearing securities at the cost of the consultant.

Failure of the successful consultant to comply with the requirements of Sub-Clause 26.1 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Earnest money deposit as stated in Clause 10.5 (c) of ITT.

Security deposit of the successful consultant shall be returned after the final bill of the contracting agency is accepted.

18. The Bidders are requested to go through (i) Instructions to Bidders, (ii) Terms of Reference, (iii) General Conditions of Contract, (iv) Special Conditions of the Contract and (v) the List of Various Enclosures/Forms to be submitted by them along with complete Proposals document and the scope of work under the Consultancy Services to be offered by them for this Project. The Bidders should fully inform themselves of all the terms & conditions, scope of work and the local conditions of this project.

19. The Consultants and their sub vendors if any appointed to assist the RGRHCL in evaluation and selection of the contractors/developers/BOOT operators/ entrepreneurs

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______for implementation of the particular work or project will not be eligible for participation in Bidding for execution of the project in any capacity.

20. Checklist for Submission: Check list for submission of offer is given for the guidance of the bidders. The proposal should be checked with reference to this list before its submission.

21.1 Folder - 1. Technical Proposal

i. Details of Organization set up State whether proprietorship, partnership, Private Limited or Public Limited.

ii. Financial status indicating annual turnover.

Ill. Balance sheet for the past three years.

iv. Details of Similar Assignments

v. Certificates of having worked as Consultant for similar jobs as per scope of work defined in section 2 for completion/Ongoing works of infrastructure projects for Corporation or any other government firm from not below the rank of Superintending Engineer/City Engineer of organization in last five year

vi. Staff strength of organization and Curriculum vitae of Key personnel's.

21.2 Folder- 2 Financial Proposal

1. Covering letter

2. Summary Price Proposal (Form 5)

21.3. Conditional Bids will not be accepted and RGRHCL reserves the rights to modify /split the work to more than one applicant and accept or reject any or all the proposals at its sole discretion.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______SECTION 2

SCOPE OF WORK AND TERMS OF REFERENCE

SECTION 2

SCOPE OF WORK & TERMS OF REFERENCE

The objective of this Tender Document is for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by Rajiv Gandhi Rural Housing Corporation Limited

1. Background:

Bangalore, with its strategic location as well as congenial climate, fertile land and adequate rainfall is the fastest growing major metropolis in India. Today Bangalore is home to many of the most well-recognized colleges and research institutions in India. Numerous public sector heavy industries, software companies, aerospace, telecommunications, and defense organizations are located in the city. Bangalore is known as the Silicon Valley of India 16

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______because of its position as the nation's leading IT exporter, dEMDgraphically diverse city, Bangalore is a major economic and cultural hub in southern India.

Rajiv Gandhi Rural Housing Corporation Limited was created in the year 2000 as a special purpose vehicle "To provide housing for socially and economically weaker sections of the society through effective implementation of Central and State housing schemes".

Objectives:

• Provide affordable housing for EWS throughout the State. • Promote Cost-effective building technologies especially in Rural areas through strengthening of Nirmithi Kendras and establishing new Kendras. • Transparency and Efficiency in Management. Public Participation: • The Company promotes Self-Help housing and supports the initiative of the beneficiaries. The Company has taken the following initiatives. • Selection of beneficiaries is only from the eligible houseless list approved in the Gram Sabha. • The beneficiary has the first option to construct the house on his own initiative. Construction assistance is provided by the Company, if required by the beneficiary. • Nirmithi Kendras, through Model Houses, demonstrate the practical usage of cost effective technology and housing concepts like Core housing, Incremental housing, sites and services etc.

Achievements

• The Company successively has received National Awards as follows:

• National e-Governance Award 2013-2014 (GOLD) for "GPS Mobile Based Housing Monitoring and Fund Release System"

• National e-Governance Award 2010-2011 for "ELECTRONIC FUND TRANSFER SYSTEM"

• Outstanding Performance Award from HUDCO for the year 2001-2002.

• Commendable Performance Award from HUDCO for 2000-2001.

In its quest 'To transform cities into an ideal global destination with high quality infrastructure, better quality of life by ensuring sustainable and planned development based on effective monitoring, regulation, through participatory and innovative approach'. Rajiv Gandhi

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______Rural Housing Corporation Limited (RGRHCL) has decided to reputed consultants for providing assistance for project Conceptualization and execution for the projects such as,:-

1. Economically Weaker Section (EWS) Housing Projects 2. Development/ Redevelopment of Layouts 3. Development/ Redevelopment of Commercial Complexes/ Buildings 4. Improvements in recovered properties

(The list is indicative in nature and the RGRHCL can also assign projects as per their requirements from time to time)

2. Detailed Scope of Consultancy Services and Role of Consultant:

The 'Consultant' appointed by the "RGRHCL' to act on its behalf to safeguard its interest during the entire duration of project spread over aforesaid points. The Role and responsibility of the consultants in aforesaid schedules are briefly enumerated in the following points.

1. Providing assistance in preparation of Detailed Project Reports (DPR) including write-ups, designs and estimates of the project

a. surveys and Primary Data Collection b. Taking of project requirement and design briefs from stakeholders. c. Preparation of the conceptual designs and alternatives. d. Preliminary Site evaluation, analysis and impact of existing and / or proposed development on its immediate environs. e. Architectural Designs including preparation of Plans, Elevations, Sections, Perspective Drawings, Architectural Details, Design documentation etc. f. Structural Design of the Building including vetting of the Structural Design of the building. g. Design & drawings of Water Supply, Sewerage, Drainage, Electricals, Air Conditioning, firefighting and other related ancillaries. h. Preparation of Detailed Project Report (DPR) as per the prescribed guidelines of various state as well as central government schemes i. All drawings and designs submitted in the DPR should be upto level of Good for Tendering purposes.

2. Providing services for preparation of tender documents and Bid process management of the projects for 'RGRHCL'

a. Preparation of bid documents including but not limited to the Terms of References and the Contract for Services and draft Agreements; b. Preparation of supporting information to assist bidders in preparation of their bid, and where relevant creation of a data base and management of access to the data base;

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______c. Assist the employer in evaluating and pre-qualifying contractors and developing the short-list of qualified contractors. d. Assist RGRHCL in developing Invitation to Bid (1TB) advertisements. e. Assist RGRHCL in developing Invitation to Bid (1TB) letter. f. Attend pre -bid site meeting/conference, respond to queries, issue bid addenda, clarify bid documents etc. g. Support to communication with the bidders and interaction with the bidders, including managing and responding to requests for clarification; h. The thorough evaluation of received bids both technically and financially

i. Assistance in negotiation with one or more parties prior to contract award; j. Assist the employer in the issue of all correspondences including clarifications, letters of Intent (LoI), letters of appointment, notice to proceed (NTP), etc. k. Prepare all required evaluation, clarifications, addenda, etc. reports. I. Management of other advisory inputs, and overall management of the transaction team, to ensure a successful conclusion.

The above description is not exhaustive and only indicative. The consultant shall carry out any other function which in the opinion of Corporation's essential to achieve the project objectives.

3. Period of Services

The period of services shall be as mentioned in the individual Letter of Entrustment of each project. The period of empanelment shall be five years after which it may be continued on mutual consent and till the new list of empanelment comes to force after the lapse of empanelment period.

In case the contract period of the contract is extended, the time limit for this consultancy will subsequently be increased with reasonable increase in payment.

4. Notice of Termination of Contract

If the Bidder withdraws or does not provide services as per time schedule approved by Raj iv Gandhi Rural Housing Corporation Limited, or the quality of the deliverables are not up the international standard as per terms of the contract, the Managing Director, Rajiv Gandhi Rural Housing Corporation Limited shall be at liberty to terminate this contract by giving 180 days notice in writing to Bidder clearly stating the reasons of dissatisfaction of the RGRHCL& the cure period of 60 days shall be given to the consultant to minimize the dissatisfaction of the RGRHCL in the cure period , even after the cure period situation does not improve than the appointment of Bidder shall, stand cancelled and Security

Deposit will be forfeited.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______5. Disputes

All disputes and difference arising between Rajiv Gandhi Rural Housing Corporation Limited and the party in any manner connected with this agreement shall be referred to the Managing Director, RGRHCL, whose decision will be final and binding. if aggrieved by the Decision of MD then the resolution shall be done through Indian Arbitration Act.

6. Data, services and assistance to be provided by the 'RGRHCL'

(i). The Consultant would be assisted by the 'RGRHCL' in obtaining relevant information from various authorities and will extend co-operation on the following areas:

a) Earlier reports, available survey plans ,data and information related to the study

b) Issue of authority/recommendation letters

(ii). RGRHCL will give decisions on the sketches, drawings, reports and recommendations and other matters and proposals submitted by the Consultant for decision, in a reasonable time but not later than 45 days as not to hamper the performance of the Consultancy service.

(iii). Apart from above mentioned the inputs RGRHCL's shall allow to use facilities to consultants staff available with RGRHCL free of cost including office space, electricity, water, and with climate control devices including available Data. Where possible, the RGRHCL shall provide above facilities for use by consultants during the course of their assignment. The RGRHCL shall provide list of coordination staff to be assigned to the consultants before the assignment begins.

7. Project Team Requirements:

RGRHCL expects that the bidder has the required resources for carrying out the work within the defined time frame. In case the bidder does not possess all these resources in house, it is suggested that a suitable tie up with reputed service providers in the respective areas may be entered into with a clear scope split. The team shall be led by a Team Leader and Task Leaders of various tasks/disciplines. All the key personnel's shall be available throughout the currency of the assignment, as per the project requirements and as mutually agreed upon. The role of 'Consultant' is critical to the successful and timely implementation of the Project and the bidder, in acknowledgement of this fact, shall endeavor to propose such a team that is highly proactive, responsive and result ¬oriented. The team shall be complete and fully equipped with all skill sets required to carry out this assignment. The suggested area of expertise / team composition is indicated below for guidance:

i. Team Leader

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______ii. Design Architect

iii. Construction Expert

iv. Landscape Architect

v. Urban Planner/ Environment Expert

vi. Quantity Surveyor

vii. Financial Analyst

viii. Legal Expert

ix. Contract Specialist

x. Photogrammetry Expert

The minimum qualifications and experience of the above key personnel are enclosed at Annexure 1 of Section 2.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______Annexure 1 of Section 2

Qualifications & Experience of Key Experts

Sr. Key Expert Qualification Experience No.

1 Team Leaders Minimum • Total Post Qualification Experience - 20 years. Engineering graduate/ • 5 years Experience as Project Leader in a Construction Architect Project of urban Infrastructure within last 7 years.

2 Design Graduate in • Total Post Qualification Experience -15 years, out of Architect Architecture which 3 years experience in relevant Affordable housing project within last 10 years

3 Construction Minimum • Total Post Qualification Experience 10 years. Expert Engineering • 5 years Experience in planning/ implementing a city Graduate infrastructure project. • 2 years Experience in planning /implementing structural engineering aspects of urban Infrastructure 4 Quantity Graduate in Civil • 5years Experience in getting approvals with Surveyor Engineering understanding of planning/designing & implementing engineering aspects of urban Infrastructure 5 Architect Minimum • Should have dealt with at least one major city Graduate in infrastructure project in Metropolitan region Architecture 6 Urban Minimum • Total experience-1O years out of which 5years Environment Engineering/ Experience in urban Planning /traffic Planner Planning Management with at least one major city Graduate infrastructure project 7 Landscape Minimum • At least 7years post qualification experience Architect Architecture Graduate 8 Financial Analyst Minimum Law • At least 7years post qualification Graduate • At least 4 years experience in Financial Modeling and Project Structuring

9 Legal Expert Minimum Law • At least 10 years post Graduate qualification experience • Litigation, real estate, intellectual property, documentation, conveyance, etc.

10 Contract Minimum • At least 10 years post Specialist Engineering qualification Legal Graduate • Experience in Contract Management Law, MIS etc.

11 Photogrammetry Minimum • At least 10 years post Expert Engineering qualification

• Experience and exposure of Photogrammetry and 3D visual Modeling

Annexure 2 of Section 2

EVALUATION CRITERIA

1. General:

1.1 The evaluation of valid proposals received shall be carried out by the Evaluation Committee (EC) of the Corporation on the basis of responsiveness to the TOR and the criteria specified below.

1.2 The proposals received by RGRHCL in response to TENDER shall be evaluated in three stages as under:

S. No. Particulars Criteria Remarks

1. Responsiveness Hurdle Includes submission in accordance with the guidelines in the Instructions to Bidders.

2. Technical Proposal Hurdle Qualifications of the Consultant.

Minimum points to Coverage of overall scope of the be assignment, Approach and Methodology, achieved for Manning Schedule, consistency with qualifying is the requirements of project, etc. 75%

3. Financial Proposal After evaluation of Technical bid, financial Bids of minimum three or maximum six Top accepted qualified Bidders as per table in Annexure 2 Section 2 shall be opened at the notified time, date and place in the presence of the qualified Bidders or their representatives. The Bids shall remain valid for normal 120 days from the date of opening of Financial Bid.

2. Evaluation Criteria:

2.1 The evaluation committee appointed by RGRHCL shall evaluate the proposals on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria, sub criteria and point system specified in 2.2 below. Each responsive proposal will be evaluated. A proposal will be rejected at the relevant stage if it does not respond to important aspects of TOR or if it fails to achieve the minimum prescribed technical score.

The evaluation of each technical proposal shall be done taking into account the criteria and sub-criteria given below:

S. No. Particular Marks I Financial Criteria s Turnover in the last 3 Financial Years

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______a) 5-10 Cr. b) 10-30 Cr. c) Above 30cr.Table 1- EVALUATION OF KEY PERSONNEL QUALIFICATIONS I Experience of consultant 1a) GeneralExperience Qualifications in development of EWS housing projects (Vertical • Development)Professional Qualificationsin Metropolitan areas in India for a Government I Semi-Government Agency in the last 7 years • Length of Experience and Positions held a) Upto 2000 Units Sub Total b) 2000 - 4000 Units c) Above 4000 Units b) Adequacy for the project 2 • ExperienceAdequacy in EWSfor the housing project projects experience (Completed) (e.g. induration Karnataka of for relevant a Governmentexperience, I Semi-Government Water Supply, Agency Sanitation, in the Storm last Water,7 years e-Governance, a) Uptomanagerial 2000 Units skills, Real Estate Marketing) b) 2000 - 4000 Units Sub Total c) Above 4000 Units Grand Total 3 Experience in Project Visualization of Building / Infrastructure Table 2Projects - Weight for age a Government/ of Points for Semi-Government Qualification and Agency Experience of Key Personnel likely to 4be deployedHaving valid Licenses of STAAD Pro, Revit, 3D Max and AutoCAD on the name of the Consultant/ Agency 5 Exposure of PPP Projects in Building Projects (Housing I Commercial) for project conceptualization, feasibility & Bid process management Transacti 6 Registered I Empanelled as Advisors for any on Government Agency 7 Acquainte with the Regulation & Development Rules of d Government of Karnataka including The Karnataka Town & Country Planning Act Ill Understanding of approach and methodology a) Understanding of the Project & Comments b) Coverage of overall scope through Work Breakdown Structure, Approach & Methodology c) Organization chart and Manning Schedule d) Presentation of visualizations and as built of earlier projects with concepts of proposed projects as per objectives of the proposed project IV Key Personnel/ Experts (as per table below) Total

Ill) Key Expert/ Person's Qualification and Experience: The key expert/ person's qualifications and competence shall be assessed as given in Table 1 and weight age for the key personnel shall be as given in Table 2.

Based on this technical evaluation, a list of top six short-listed applicants shall be prepared. In the second. stage, a financial evaluation will be carried out as specified in Clause 11, Section 1 and Appendix 2 Financial Proposal. Proposals will finally be ranked according to their combined technical and financial scores as specified in Clause 11, Section 1. The first ranked Applicant based on technical as well as financial scores (as per Clause 11, Section 1) shall be selected for negotiations (the "Selected Applicant") while the second, third, fourth, fifth and sixth ranked Applicant shall be asked to match the rates of the first ranked applicant (the "Selected Applicants").

Based on this technical evaluation, a list of top six short-listed applicants shall be prepared. In the second. stage, a financial evaluation will be carried out as specified in Clause 11, Section 1 and Appendix 2 Financial Proposal. Proposals will finally be ranked according to their combined technical and financial scores as specified in Clause 11, Section 1. The first ranked Applicant based on technical as well as financial scores (as per Clause 11, Section 1) shall be

S.No. Key Personnel/ Experts Points

1 T earn Leaders 2 Design Architect 3 Construction Expert 4 Landscape & site development architect 5 Design Architect 6 Urban Planner 7 Quantity Surveyor 8 Financial Analyst 9 Legal Expert 10 Contract Specialist 11 Photogrammetry Expert Sub Total selected for negotiations (the "Selected Applicant") while the second, third, fourth, fifth and sixth ranked Applicant shall be asked to match the rates of the first ranked applicant (the "Selected Applicants").

2.2 The Hurdle Criteria in Technical Proposal:

2.2.1 Financial Soundness: The consultant shall have no losses in terms of 'Profit before Tax' during the past three years and should have positive networth as per books on 31-3-2017.

2.2.2 No Consortium of the consultants shall be allowed.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______2.2.3 The Consultant should have interdisciplinary expertise as per section 2 of this document covering interalia the following:

• Costing

• Experience in preparation of DPR including approvals etc.

• Experience in arranging finance in terms of grants, term loans etc. for infrastructure project.

• Project Management Consultancy

• Bid Process Management

• Transaction Advisory

2.2.4 The consultant must achieve a minimum of 60% points in each of the items (i), (ii) and (iii) of paragraph 2.2 of this Annexure and 80% overall in the technical proposal.

3. Consultant's Organizational Set Up:

It is mandatory that the consultants provide adequate numbers of key personnel as given above and in TOR.

4. The Corporation reserves the right to effect minor changes in the sub criteria depending on nature and scope of each sub-project.

- - - -

SECTION 3

SCHEDULE OF PAYMENTS

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______SECTION 3

SCHDULE OF PAYMENT

1. The Consultants shall quote the price bid in the formats given in point 2 for all the projects separately. The quoted rate should include all cost like remuneration of experts and supporting staff, out of pocket expenses, profit, including all taxes at the rates applicable on date of submission of tender except Goods & Service Tax or any other replacement I substitution of Goods & Service Tax which shall be paid by the RGRHCL.

2. Schedule of Payment: The payments shall be made as per the following schedule:

I Submission of Inception Report (Action 10% of charges quoted Plan) II Submission of Viability Report including 25% of charges quoted Survey and Architectural Concepts 111 Submission of DPR 35% of charges quoted IV Submission of Tender Documents 20% of charges quoted V Review of Design during construction 10% of charges quoted

Payment stages as per deliverables which shall be upto the stage and even if the stages not required the payment shall have to be made to the Consultant if next stage is to be done like if DPR is to be made then payment of concept drawings will to be made to the consultant even if the RGRHCL does not require conceptual plan.

2.3 Payments shall be made within 15 days on receipt of invoice from the consultant.

2.4 Security deposit of 2% shall be deducted in every bill and which shall be released after completing task.

2.4.2 The security deposit if furnished in demand draft can, if requested, be converted to interest bearing securities at the cost of the consultant.

2.4.3 Failure of the successful consultant to comply with the requirements of Sub-Clause 26.1 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Earnest money deposit as stated in Clause 10.5 © of ITT.

2.4.4 Security deposit of the successful consultant shall be returned after the final bill of the contracting agency is accepted.

2.5 Contract for consultancy shall be till commissioning of the scheme which may be extended as per requirement with mutually agreed terms and conditions.

SECTION-4

GENERAL CONDITIONS OF CONTRACT

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______PART-I

INTERPRETATIONS AND DEFINITIONS

1. Singular and Plural where the context 'so requires, words importing the singular shall also mean the plural and vice versa.

2. Gender Words imparting the masculine gender shall also include the feminine gender.

3. Definitions

"Corporation" shall mean 'Rajiv Gandhi Rural Housing Corporation Limited'

The 'Managing Director' shall mean the Managing Director of the 'Corporation ', for the time being holding that office and also his successor and shall include any officer authorized by him.

The 'Engineer' shall mean the Managing Director of the RGRHCL or any other officer or officers of the Corporation who is authorized by the, RGRHCL to carry out the functions of the Engineer.

'Engineer's Representative/Engineer-In-Charge shall mean Engineer/ Sectional Engineer /Junior Engineer or any other Corporation Employee or Employees appointed from time to time by the Engineer to perform the duties here of and generally to assist the Engineer for the purpose or the contract and whose, authority shall be notified in writing to the Consultant by the Engineer

The 'Contract' shall mean the tender and acceptance thereof and the formal agreement if any, executed between the Consultant, and the Corporation together with the documents referred to there in including these conditions and appendices and any special conditions, specifications, designs, drawings, price schedules, bills of quantities and schedule of rates etc. All these documents taken together shall be deemed to form one Contract and shall be complementary to one another. The order of precedence in case of discrepancies shall be as under,

1. Contract Agreements 2. The letter of Acceptance 3. Notice inviting Tender &Instructions to Tenderer

4. Special Conditions of Contract 5. The General Conditions of Contract 6. Schedule of Rates & Quantities 7. The Technical specifications 8. The Drawings 9. Schedules & Annexure

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______The 'Consultant' shall mean the individual firm incorporated or not, undertaking the Works and shall include legal representatives of such individual or persons composing such firm or unincorporated company or successors .of such firm or company as the case may be and permitted assigns of such individual or firm or company.

'Contract charges' means the amount named in the letter of acceptance calculated as per the rates approved in terms of percentage of the total project cost approved by board of 'RGRHCL' from time to time.

'Excepted risks' are risks due to riots (otherwise than among Consultants' employees) and civil commotion (in so far as both these are Uninsurable), war (whether declared or not), invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, any act of government, damage from aircraft, acts of god, such as earthquake, lightning and unprecedented floods and other causes over which the Consultant has no control and accepted as such by the Engineer, RGRHCL.

"Project Cost", means - Total Cost of project as sanctioned by RGRHCL including escalation, contingencies applicable and revised time to time;

The 'Site' means the land and other places, on which the Works or temporary Works are to be executed and any other lands and places provided by the Corporation for working space or any other purpose as may be specifically designated in the contract as forming part of the site.

'Urgent Works' shall mean any measures which in the opinion of the Engineer become necessary during the progress or the Work to obviate any risk of accident or failure or which become necessary for security.

The 'Works' shall mean the tasks to be executed in accordance with the contract or part(s) there of as the case may be and shall include all extra or additional, altered or substituted Works as required for performance of the contract

'Temporary Works' shall mean all temporary tasks of every kind required in or about execution, completion or maintenance of the Work.

'Drawing' shall mean the drawings referred to in the specification and any modification of such drawings approved in writing by the Engineer and such drawings as may from time to time be furnished or approved in writing by the Engineer

'Approved' shall mean approved in writing including subsequent confirmation of previous verbal approval and "Approval" shall mean approval in writing including as aforesaid.

'Specification' means the specification referred to in the tender and any modification there of or addition or deduction there to as may be the case, from time to time be furnished or approved in Writing by the Engineer.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______"Tender" means the Consultant's priced offer to the Corporation for the execution and completion of the Works and the remedying of any defects there in accordance with the provision of the Contract, as accepted by the Letter of Acceptance.

'Letter of Acceptance' means the formal acceptance by the 'Corporation '. 'Commencement Date' means the date upon which the Consultant receives the notice to commence the work issued by the Engineer pursuant to Clause 80.

'Time for Completion' means the time for completing the execution of and passing the Tests on Completion of the Works or any Section or part there of as stated in the Contract (or as extended under Clause 83 calculated from the Commencement Date.

The 'Annexure' referred to in these conditions shall means the relevant annexure appended to the tender papers issued by the 'Corporation '.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______PART- II

INSTRUCTIONS TO CONSULTANTS

4. Scope of Work: -

The Work to be carried out under the Contract shall, except as otherwise provided in these conditions, include all labour, materials, tools, plant, equipment and transport which may be required in preparation of and for and in the full and entire Execution and completion of the Works. The descriptions given in the schedule of Works /items / quantities and the Bills of Quantities shall unless otherwise stated be held to include waste on materials, carriage and cartage carrying in return of empties, Hoisting, setting, fitting and fixing in position and all other labour necessary in and for the full and entire execution and completion as aforesaid in accordance with good practice and recognized principles. Detailed scope of work would be enumerated in detail along with letter of award of work.

5. Corrupt or Fraudulent Practices: -

The Corporation requires that the bidders/suppliers/ Consultants under this tender observe the highest standards of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Corporation defines for the purpose of this provision, the terms set forth as follows:

a) Corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the public official in the procurement process or in contract execution, and

b) "Fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or a execution of a contract to the detriment of the 'Corporation ', and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Corporation of the benefits of the free and open competition.

The Corporation will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question, The Corporation will a firm in eligible, either indefinitely or for a stated period of time to be awarded a contract if it at any time determines that the firm has engaged in Corrupt and fraudulent practices in competing for, or in executing, a contract.

6. Intimation to Successful Tenderers: -

The acceptance of tender may be communicated to the Successful Tenderer in writing or otherwise either by the tender opening authority or any authority in the 'Corporation'.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______7. Issue of Work Order: -

Work Order will be issued after execution of contract document.

8. Contract Documents: -

The Consultant shall be furnished, free of charge, two certified true copies of the contract documents.

9. Details to be Confidential: -

The Consultant shall treat the details of the Contract as private and confidential; save in so far as may be necessary for the purposes thereof and shall not publish or disclose the same or any particulars thereof in any trade or technical paper or elsewhere without the previous consent in writing of the Engineer. If any dispute arises as to the necessity of any publication or disclosure for the purpose of the contract the same shall be referred to the Corporation whose decision shall be final.

10. Official Secrecy: -

The Consultant shall, whenever required, take necessary steps to ensure that all persons employed on any Work in connection with this Contract have noticed that the India official Secrets Act 1923 (XIX of 1923) applies to them and shall continue to apply even after execution of such Work under the Contract.

11. Assignment: -

The Consultant shall not assign transfer or attempt to assign. Transfer the Contract or any part thereof or any benefit or interest therein or there under otherwise than by a charge in favour of the Consultant's bankers of any Money due or to become due under this contract, without the prior written Approval of the Managing Director, RGRHCL.

12. Sub-letting: -

The Consultant shall not sub-let or attempt to sub-let the whole of the Works. Except where otherwise provided by the Contract, the Consultant can sub-let some part of the Works to specialized sub consultants with the prior written approval of the Engineer, which shall not be unreasonably with held and such approval, if given, shall not relieve the Consultant from any liability or obligation under defaults and neglects of any sub- Consultant, his agents, servants or Workmen as fully as if they were the acts, defaults or neglects of the Consultant, his agents, servants or Workmen Provided always that the engagement of labour on a . The Consultant shall be responsible for observance by his sub-Consultants of the foregoing provisions.

13. Changes in Constitution: -

Where the Consultant is a partnership firm, the prior approval in writing of the Managing Director, RGRHCL shall be obtained before any change is made in the constitution of the firm. 35

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______14. Power of Attorney: -

The Consultant may at his discretion issue power of attorney in favour of his bankers for routine payments to the Consultants through Bank.

15. Consultants Staff: -

The Consultant shall employ in and about the execution of Works only such persons as are skilled and are experienced in their respective skills and the Engineer shall be at liberty to object to and require the Consultant to remove from the Works any person, employed by the Consultant in or about the execution of the Works, who in the opinion of the Engineer misconducts himself or is incompetent or negligent in the proper performance of his duties and such person shall not be again employed upon the Works without permission of the Engineer.

16. Personnel: -

The Consultant shall employ the key personnel named in the schedule of key personnel or other personnel approved by the Engineer to carry out the functions. The Engineer will approve any proposed replacement of key personnel only if their qualifications, abilities and relevant experience are substantially equal toor better than those of the personnel listed in the schedule.

17. Facilities to the Other Consultants: -

The Consultant shall, in accordance with the requirements of the Engineer, afford all reasonable facilities to other Consultants engaged contemporaneously on separate Contracts In connection with the Works and for departmental labour and labour of any other properly organization authority or statutory body which may be employed at the Site on execution of any Work not included in the Contract or of any Contract which the Corporation may enter into in connection with or ancillary to the Works.

18. Patent' Right and Royalties: -

The Consultant shall save harmless and indemnify the Corporation from and against all claims and proceedings for or on account of infringement of any Patent rights, design trademark or name of other protected rights in respect of any constructional plant, machine Work, or material used for or in connection with the Works or any of them and from and against all claims, proceedings. Damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

19. Notices to Local Bodies: -

(i) The Consultant shall comply with and give all notices required under any Government Authority, Instrument, rule or Order made under any Act of parliament, state laws or any regulation or Bye-laws of any local authorities or public utilities concern relating to Works. He shall before making any variation

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______from the contract drawings necessitated by such compliance give to the Engineer a notice giving reasons for the proposed variation and obtained Engineer's instructions thereon.

20.Notices: -

Subject as otherwise provided in this contract all notice to be given on behalf of the Corporation and all other actions to be taken on its behalf may be given or taken by the Engineer or any officer for the time being entrusted with the functions, duties and powers of the Engineer. All instructions, notices and communications etc. under the contract shall be given in writing in English language only and if sent by registered post to the last known place or abode or business of the Consultant shall be deemed to have been served on the date when in the ordinary course of post these would have been served on or delivered to him.

21. Use of B.I.S. Specifications: -

In case where no particular specification is given for any article to be used under the contract, the relevant specification, where one B.I.S. exists, of the Bureau of Indian Standards shall apply.

22. REPORTS

22.1 The Consultant shall summaries the findings, analysis, results and recommendations of the previous study with all supporting material. It shall cover the alignments proposed, methodologies for shifting the services, traffic management schemes, structural schemes during and after construction, construction methods proposed and economic viability of the project.

23. 2. Reports should consist of:

• Designs concept of all components of structure • Technical specification and design standard. • General arrangement drawing. • Shifting of utilities • Selection of construction technology and methodology • Aesthetics of grade separator and other urban design elements. • Traffic diversion. • Land acquisition The Consultant shall prepare and sul5mit four copies of Monthly Progress Report to RGRHCL by the 10th day of every month.

22.3 All reports and documents relevant to the project, maps, field survey notes/ calculations, computer programmes, etc., shall become the property of the RGRHCL. Consultant shall provide soft copy of all data, drawings, maps, plans, documents, reports, and presentations.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______The Consultant shall certify all the design and drawings proof checked made available for construction as "Good for construction" with the signature of the competent Authority of the Consultant. Just submission of proof checked design & drawings will not relieve the consultant from their responsibilities.

It is the responsibility of the proof checking consultant regarding the soundness of the structure/ all components of the said flyover.

22.4 Actions requiring specific approval of RGRHCL:

The Consultant will be required to obtain specific approval of RGRHCL before taking any of the following actions:

a) approving subcontracting of any parts of the works. b) Certifying additional cost. c) Determining an extension of times. d) Issue a variation order, e) Recommendation for variation in work quantities, fixing rates or prices.

22.5 Submission of Monthly Progress Report The monthly progress reports shall be brief and concise and provide means of closely monitoring project progress and forecasting construction costs and shall cover the following:

Main activities undertaken and events for the period and progress Report on the activities of the Contractor and Supervision staff. Monitoring and evaluation of project progress and summary of Consultants observations/result on quality control tests.

The Consultant shall prepare and submit four copies of Monthly Progress Report to RGRHCL by the io" day of every month.

23 Final Deliverables

All the deliverables should be submitted in two hard copies and one soft copy in DVD/ Pendrive. Any additional hard copy of the drawing and designs , bid documents , estimates etc shall be payable over and above the contract at market rates.

24. SPECIFIC RESPONSIBILITIES OF THE CONSULTANT

i) The consultant shall be responsible for arranging necessary living accommodation, office facilities, transportation, equipment supplies, investigations, testing secretarial services and all other input required for the purpose of the services.

ii) The Consultant shall make his own arrangements for document reproduction, printing and reproduction of all study reports during the course of the study.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______PART-Ill

TIME SCHEDULE AND DELAYS

25. Commencement Time: -

The time allowed for projects as specified in the contract documents shall be the essence of the contract. The execution of the Works shall commence from the date specified by the Engineer in writing. "lf the Consultant fails or neglects to commence the execution of the Works as aforesaid, the Corporation shall without prejudice to any other right or remedy be at liberty to forfeit the security deposit absolutely.

26. Extension of Time due to unforeseen events: -

If the work be delayed by -(a) Force measure such as acts of God, act of public enemy, act of government, floods, epidemics etc. or (b) Abnormally bad weather, or I Serious loss or damage by fire, or (d) Civil commotion, local combination of workmen, strike or lockout affecting any of the trades employed on the work, or (e) Delay on the part of other Consultant or tradesmen engaged by the Corporation in executing works not forming part of the contract or (f) The reasons stated In condition No 26 and 27.(g) Any other cause, in the absolute discretion of the Engineer. Then upon the happening of any such event causing delay, the Consultant shall immediately give notice thereof in writing to the Engineer but shall nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonable required to the satisfaction of the Engineer to proceed with the work. Request for extension of time, to be eligible for consideration shall be made by the Consultant in writing within 14 (fourteen) days of the happening of the event causing delay. The Consultant may also, if practicable indicate in such a request the period for which extension is desired. In any such case, the engineer may give a fair reasonable extension of time for completion of individual items or groups of items of work for which separate periods of completion are specified in the contract or the contact as whole. The decision of the Engineer in regard to the extension will be communicated to the Consultant in writing within a reasonable time. The time extended for completing the work shall be the essence of the.

27. Rate of Progress: -

If for any reason, which does not entitle the Consultant to an extension of time, the rate of progress of the Works or any Section is at any time, in the opinion of the Engineer, too slow to comply with the Time for Completion, the Engineer shall so notify the Consultant who shall there upon take such steps as are necessary, subject to the consent of the Engineer, to expedite progress so as to comply with the time for Completion. The Consultant considers that it is necessary to do any Work at night or on locally recognized days of rest, he shall be entitled to seek the consent of the Engineer so to do. Provided that if any steps, taken by the Consultant in meeting his obligations under this Clause, involve the Corporation in additional supervision costs, 39

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______such costs shall be determined by the Engineer and shall be recoverable from the Consultant and may be deducted by the Corporation from any monies due or to become due to the Consultant and the Engineer shall notify the Consultants accordingly.

28. Suspension of Work: -

(a) The Consultant shall, on receipt of the order in writing of the Engineer, suspend the progress of the Works or any part thereof for such time and in such manner as the Engineer may consider necessary for any of the following reasons:

(i) On account of continued non-compliance of the instructions of the Engineer or any other default on the part of the Consultant, or

(ii) For proper execution of the Works or part thereof for reasons other than the default of the Consultant, or

(iii) For safety of the Works or part thereof. The Consultant shall, during such suspension, properly protect and secure the Works to the extent necessary and carry out the instructions given in that behalf by the Engineer.

(b) If the suspension is ordered for reasons (ii) and (iii) in sub-para (a) above, the Consultant shall be entitled to an extension of time equal to the period of every such suspension plus a reasonable time as decided by the Engineer. If the suspension is ordered for reasons of (i) in sub-para (a) above, the Engineer shall have powers to suspend the payment under the contract. Such suspension of payment may be continued until default shall have been rectified.

29. Non performance of Services - levying of penalty

A penalty at 2% of the Consultants bill amount will be levied for Non performance of Services as per Terms of Reference in respective monthly bills, till the Consultant's performance is found satisfactory to the Employer.

Total failure on the performance of services will render forfeiture of the Security deposit.

PART-IV

BILLS AND PAYMENTS

30. Payments of Bills and Other Claims: - a) The payment of bills and other claims arising out of the contract will be made by RTGS or by bank cheque. The fees to be paid to the consultant shall be paid on the applicable project cost including escalation as sanctioned by RGRHCL form time to 40

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______time inclusive of all prevailing taxes and statutory taxes except Goods & Service Tax which shall be paid at the rates applicable on the date of payment. The consultant shall submit the monthly invoices for Schedule for work supervision to the Corporation. The Fees shall be paid on monthly basis Equated over the construction period as stipulated in execution tender.

PART-VI

TERMINATION OF CONTRACT AND SETTLEMENT OF DISPUTES

31. Jurisdiction: -

31.1 In case of any claim, dispute or difference arising in respect of a contract, the cause of action thereof shall be deemed to have arisen in RGRHCL and all legal proceedings in respect of any such claim, dispute or difference shall be instituted in a competent court in the City of Bangalore only.

32. Laws Governing The Contract: -

This contract shall be governed by the Indian Laws for the time being in force

SECTION-5

SPECIAL CONDITIONS OF CONTRACT

SECTION 5

SPECIAL CONDITIONS OF CONTRACT

Note: In case of any conflict between the Special Conditions of Contract incorporated in this section with General Condition of Contract given in Section 4, the former shall prevail over the latter.

1.0 General provision

1.1 Definitions

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______In addition to the definitions given in GCC, unless the context otherwise requires the following terms whenever used in this contract have the following meanings

(a) "Applicable law" means the law and any other instruments having the force of law in India, as they may be issued and in force from time to time;

(b) "Consultant" means a sole bidder

(c) "GC" means general conditions of contract of Rajiv Gandhi Rural Housing Corporation Limited ;

(d) "SC" means the special conditions of contract by which these general conditions of contract may be amended or supplemented;

(e) "Government" means the Government of India;

(f) "State Government" means the State Government of Karnataka

(g) "Corporation" means Rajiv Gandhi Rural Housing Corporation Limited

(h) "Local Currency" means Indian Rupees;

(i) "Personnel" means persons hired by the consultant or by any sub consultant as employee and assigned to the performance the services or any part thereof; "Local Personnel" means such persons who at the time of being so hired had their domicile inside India and 'Key Personnel' mean the personnel referred to in clause SC 4.2(a);

(j) "Party " means the Corporation or the consultant, as the case may be and parties means both of them;

k) "Project Cost" ,means -Total Cost of project as sanctioned by RGRHCL including escalation, contingencies applicable from time to time;

(I) "Services" means the work to be performed by the consultants pursuant to this contract for the purposes of the project, as described in Terms of reference hereto;

(rn) "Sub consultants " means any entity to which the consultants sub contract any part of the services in accordance with the provisions of Clause SC 3.7;

(n) "Third Party" means any person or entity other than the Central Government, State Government, 'Corporation', Consultant or a Sub-Consultant;

(o) '"Corporation', means -"Rajiv Gandhi Rural Housing Corporation Limited"; represented by the Chief officer and shall include any official authorized by him;

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______(p) ''Technical Proposal" means the technical proposal submitted by the consultant and accepted by the 'Corporation';

1.2 Relations between the parties

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

1.3 Language

This contract has been executed in English, which shall be binding and controlling language for all matters relating to or interpretation of this contract

1.4 Headings

The headings shall not limit, alter or affect the meaning of this contract.

1.5 Notices

1.5.1 Any notice, request or consent required or permitted to be given or made pursuant to this contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the party to whom the communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such party at the address specified in the SC.

1.5.2 Notice will be deemed to be effective as specified in the SC.

1.5.3 A party may change its address for notice hereunder by giving the other party notice of such change pursuant to the provisions listed in the SC with respect to clause 1.5.2 above

1.6 Location

The Services shall be performed at such locations as approved by the Corporation hereto and, where the location of a particular task is not so specified, at such locations, whether in India or elsewhere, as the Corporation may approve.

1.7. Authority of Member in charge

The member hereby authorize the entity specified in the SC to act on their behalf in exercising all the consultants' rights and obligations towards the Corporation under this contract, including without limitation the receiving of instructions and payments from the 'Corporation' .

1.8. Authorized Representatives

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______Any action required or permitted to be taken, and document required or permitted to be executed, under this contract by the Corporation or the consultants may be taken or executed by the officials specified in the SC.

2.0 COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

2.1 Effectiveness of Contract

This contract shall come into force and effect on the date (the "Effective Date") of the 'Corporation's notice to the consultants instructing the consultants to begin carrying out the services. This notice shall confirm that the effectiveness conditions that, if any, listed in the SC have been met.

2.3 Termination of contract for Failure to become Effective

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

2.4 Commencement of services

The consultant shall begin carrying out the services at the end of such time period after the effective date as shall be specified in the SC.

2.5 Expiration of contract

Unless terminated earlier pursuant to clause SC 2.9 hereof, this contract shall expire when services have been completed and all payments have been made at the end of such time period after the effective date as shall be specified in the SC.

2.6 Entire Agreement

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

2.7 Modification

Modification of the terms and conditions of this contract, including any modification of the scope of the services, may only be made by written agreement between the parties, however each party shall give due consideration to any proposals for modification made by the other party.

2.7 Force Majeure 45

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______2.7.1 Definition

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

(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a party or such party's sub consultants or agents or employees, nor (ii) any event which a diligent party could reasonably have been expected to both [A] take into account at the time of the conclusion of this contract and [BJ avoid or overcome in the carrying out its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.

2.7.2 No Breach of Contract

The failure of a party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this contract insofar as such inability arises from an event of Force Majeure, provided that the party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this contract.

2.7.3 Measures to be taken

(a) A party affected by an event of Force Majeure shall take all reasonable measures to rEMDve such party's inability to fulfill its obligations hereunder with minimum of delay.

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

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

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______2.7.4 Extension of Time

Any period which a party shall pursuant to this contract complete any action or task shall be extended for a period equal to the time during which such party was unable to perform such action as a result of Force Majeure.

2.7.5 Consultation

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

2.8 Suspension

The Corporation may by written notice of suspension to the consultants, suspend all payments to the consultants hereunder if the consultants fail to perform any of their obligations under this contract, including the carrying out of the services provided that such notice of suspension (i) shall specify the nature of the failure and (ii) request the consultant to remedy such failure within the period not exceeding thirty (30) days after giving the consultants of such notice of suspension.

2.9 Termination

2.9.1 by the ‘Corporation’

The Corporation may by not less than thirty (30) days written notice of termination to the consultants (except in the event listed in paragraph (f) below, for which there shall be a written notice of not less than forty five (45) days, such notice to be given after the occurrence of the events specified in the paragraph (a) through (f) of this clause SC 2.9.1 terminate this contract.

(a) If the consultants fail to remedy in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to clause GC 2.8 herein above , within thirty (30) day of receipt of such notice of suspension or within such further period as the Corporation may have subsequently approved in writing;

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

(c) If the consultants fail to comply with any final decision reached as a result of arbitration proceedings pursuant to clause SC 8 hereof ;

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______(d) If the consultants submit to the Corporation a statement which has a material effect on the rights , obligations or interests of the Corporation and which the consultants know to be false;

(e) If as the result of Force Majeure, the consultants are unable to perform a material portion of the services for a period of not less than thirty (30) days; or

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

2.9.2 By the Consultants

The consultants may, by not less than thirty (30) days written notice to the 'Corporation ' , such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (d) of this clause SC 2.9.2, terminate this contract.

(a) if the Corporation fails to pay any money due to the consultants pursuant to this contract and not subject to dispute pursuant to clause 8 hereof within 180(0ne Hundred eighty Days) after receiving written notice from the consultants that such payment is overdue;

(b) if the Corporation is in material breach of its obligations pursuant to this contract and has not remedied the same within180(0ne Hundred eighty Days) ( or such longer period as the consultant may have subsequently agreed in writing ) following the receipt by the RGRHCL or the Consultants notice specifying such breach;

(c) if, as the result of Force Majeure, the consultants are unable to perform a material portion of the services for a period of 180(0ne Hundred eighty Days)

(d) If the Corporation fails to comply with any final decision reached as a result of arbitration pursuant to clause SC 8 hereof.

2.9.3 Cessation of Rights and Obligation:

Upon termination of this Contract pursuant to Clauses SC2.2 or 2.9 hereof, or upon expiration of this Contract to Clause SC2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except:

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

(ii) The obligation of confidentially set forth in Clause SC3.3 hereof; (iii) Any right which a Party may have under the Applicable Law.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______2.9.4 Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultants and equipment and materials furnished by the 'Corporation', the Consultants shall proceed as provided, respectively, by Clauses SC 3.9 or 3.10 hereof.

2.9.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses SC 2.9.1 or 2.9.2 hereof, the Corporation shall make the following payments to the Consultants (after offsetting against these payments any amount that may be due from the Consultant to the 'Corporation'):

(i) Payment pursuant to Clause SC 6 hereof for Services satisfactorily performed prior to the effective date of termination, and

(ii) Except in the case of termination pursuant to paragraphs (a) through (d) of Clause SC 2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract.

2.9.6 Disputes about Events of Termination

If either Party disputes whether as event specified in paragraphs (a) through (e) of Clause SC 2.9.1 or in Clause SC 2.9.2 hereof has occurred, such party may, within 45 days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause SC 8 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.

3.0 OBLIGATIONS OF THE CONSULTANTS

3.1 General

3.1.1 Standard of Performance

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

3.1.2 Law Governing Services

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______The Consultants shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any sub-consultants, as well as the personnel and agents of the Consultants and any sub-consultant comply with the Applicable Law. If required the Corporation shall advise the Consultants in writing of relevant loccl customs and the Consultants shall, after such notifications, respect such customs.

3.2 Conflict of Interests

3.2.1 Consultants not to benefit from Commissions, Discounts, etc.

The remuneration of the Consultants pursuant to Clause SC 6 hereof shall constitute the Consultants' sole remuneration in connection with this Contract or the Services and, subject to Clause SC 3.2.2 hereof, the Consultants shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder, and the Consultants shall use their best efforts to ensure that any sub-consultants, as well as the personnel and agents of either of them, similarly shall not receive any such additional remuneration.

3.2.2 Procurement Rules

If the Consultants, as part of the Services, have the responsibility of advising the Corporation on the procurement of goods, works or services, the Consultants shall at all times exercise such responsibility in the best interest of the 'Corporation ' . Any discounts or commissions obtained by the Consultants in the exercise of such procurement responsibility shall be for the account of the 'Corporation'.

3.2.2 Consultants and Affiliates not to engage in certain Activities

The Consultants agree that, during the term of this Contract and after its termination, the Consultants and any entity affiliated with the Consultants, as well as any other sub-consultant and any entity affiliated with such sub-consultant, shall be disqualified from providing goods, works or services for any project resulting from or closely related to the Services under this Contract to any Consultant/concessionaire.

3.2.3 Prohibition of Conflicting Activities

Neither the consultants nor their sub-consultants nor the personnel of either of them shall engage, either directly or indirectly, in any of the following activities:

(a) During the term of this Contract, any business or professional activity in the Governments' country which would conflict with the activities assigned to them under this Contract; or

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______(b) After the termination of this contract, such other activities as may be specified in the SC.

3.3 Confidentiality

The Consultants, their sub-consultants and the personnel of either of them shall not, either during the term or within two (2) years after the expiration of this contract, disclose any proprietary or confidential information relating to the project, the Services, this Contract or the 'Corporation's business or operations without the prior written consent of the 'Corporation'.

3.4 Limitation of the Consultants' Liability towards the Corporation

(a) Except in case of gross negligence or willful misconduct on the part of the Consultants or on the part of any person or firm acting on behalf of the Consultants in carrying out the Services, the Consultants with respect to damage caused by the Consultants to the 'Corporation ' s property, shall not be liable to the 'Corporation '

(i) For any indirect or consequential loss or darnaqe; and

(ii) For any direct loss or damage that exceeds

(A) The total payments for professional Fees for each schedules made or expected to be made to the Consultants under this contract, or

(B) the proceeds the Consultants may be entitled to receive from any insurance maintained by the Consultants to cover such a liability, whichever of (A) or (8) is higher.

3.5 This limitation of liability shall not affect the consultants' liability, if any, for damage to third parties caused by the Consultants or any person or firm acting on behalf of the Consultants in carrying out the Services.

3.6 Indemnification of the 'Corporation' by the Consultant:

3.6.1 The Consultant shall indemnify, protect and defend at his own expense the "Corporation", its agents and its employees from and against any and all actions, claims, losses or damages arising out of Consultant's failure to exercise the skill and care required under foregoing clause 3.1.1.

3.6.2 Consultant shall, at his own expense, upon request of 'Corporation' re-perform the services in the event of Consultant's failure to exercise the skill and care required under foregoing clause 3.1.1.

3.6.3 Notwithstanding the provisions of the foregoing sections, the Consultant shall have no liability whatsoever for actions, claims, losses or damages occasioned by (i) 'Corporation' overriding a decision or recommendation of the Consultant or requiring Consultant to implement a decision or recommendation with which Consultant does

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______not agree, or (ii) the improper execution of Consultant's instructions by agents, employees or independent Consultants of 'Corporation'.

3.6.4 The Consultant will execute an Indemnity Bond as per Form-9 of this TENDER Document.

3.7 Consultants' Actions requiring Corporation's prior Approval

The Consultants shall obtain the 'Corporation's prior approval in writing before taking any of the following actions:

(a) Appointing such members of the Personnel as are listed in Technical proposal merely by title but not by name.

(b) Entering into a subcontract for the performance of any part of the Services, it being understood (i) that the selection of the sub-consultant and the terms and conditions of the subcontract shall have been approved in writing by the Corporation prior to the execution of the subcontract, and (ii) that the Consultants shall remain fully liable for the performance of the Services by the Sub-consultant and its Personnel pursuant to this Contract; and

(c) The Consultants shall not use these documents for purposes unrelated to this contract without the prior written approval of the 'Corporation'.

3.8 Reporting Obligations

The Consultants shall submit to the Corporation the reports and documents specified in section 2 scope of work, in the form, in the numbers and within the time periods as specified.

3.9 Documents prepared by the Consultants to be the Property of the 'Corporation

All plans, drawings, specifications, designs, reports and other documents prepared by the Consultants in performing the Services shall become and remain the property of the 'Corporation', and the Consultants shall, not later than upon termination or expiration of this Contract, deliver all such documents to the 'Corporation', together with a detailed inventory thereof. The Consultants may retain a copy of such documents, however the Consultants shall not use these documents for purposes unrelated to this contract without the prior written approval of the 'Corporation'.

4.0 CONSULTANT'S PERSONNEL

4.1 General

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

4.2 Description of Personnel

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______(a) The titles, job descriptions and minimum qualification of the consultant's minimum Key personnel are described in Annexure 1 of Section-2. The estimated period of their engagement is to be indicated by the bidder in his technical proposal.

(b) If the additional work is required beyond the scope of the services specified in Terms of reference the estimated periods of engagement of key personnel set forth in Technical proposal may be increased by agreement in writing between the Corporation and the consultants; with a corresponding increase in the fee to be paid to the consultants due to such additional work.

4.3 Approval of personnel

The key personnel and sub consultants listed by title as well as by name in Technical Proposal and accepted by the Corporation shall deem to be approved by the 'Corporation'. In respect of other Key Personnel that the consultants propose to use in carrying out of the service, in terms of para 4.4 of the sec , the consultants shall submit to the RGRHCL or review and approval a copy of their biographical data. If the Corporation does not object in writing (stating the reasons for the objection) within twenty one (21) calendar days from the date of receipt of such biographical data and (if applicable) such certificate, such key personnel shall be deemed to have been approved by the 'Corporation '.

4.4 REMDval and/or Replacement of Personnel

(a) Except as the Corporation may otherwise agree, no changes shall be made in the Key Personnel. If, for any reasons beyond the reasonable control of the consultants, it becomes necessary to replace any of the personnel, the consultants shall forthwith provide as a replacement another person of equivalent or better qualifications.

(b) If the Corporation (i) finds that any of the personnel has committed serious misconduct or has been charged with having committed a criminal action or (ii) has reasonable cause to be dissatisfied with the performance of any of the personnel, then the consultants shall at the 'Corporation's written request specifying the grounds therefore, forthwith provide as a replacement a person with qualification and experience acceptable to the 'Corporation '.

5.0 OBLIGATIONS OF THE 'RGRHCL'

5.1 Assistance and exemptions

Unless otherwise specified in the SC, the Corporation shall use its best efforts to ensure that the Corporation shall:

(a) Assist the consultants, Sub consultants and Personnel in obtaining work permits and such other documents as shall be necessary to enable the Consultants, Sub consultants or Personnel to perform the services; 53

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______(b) Assist for the personnel and if appropriate, their eligible dependence to be provided promptly with all necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in India;

(c) Provide to the consultants, sub consultants and personnel any such other assistance as may be specified in the SC.

5.3 Changes in the Applicable Law

If after the date of this contract, there is any change in the Applicable Law with the respect to taxes and duties which increase or decrease the cost or reimbursable expenses incurred by the consultants in performing the services then the remuneration and reimbursable expenses otherwise payable to the Consultants under this Contract shall be increased or decreased accordingly by agreement between the parties hereto, and corresponding adjustments shall be made to the ceiling amounts specified in Clause SC 6.1 (b).

5.4 Payment

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

6.0 PAYMENTS TO THE CONSULTANTS

6.1 Currency of Payment

All payments shall be made in Indian Rupees only.

6.2 Mode of Billing and Payment

Billing and payment in respect of the Services shall be made as follows:

The payment shall be made as given in payment schedule.

The fees to be paid to the consultant shall be paid on the applicable project cost including escalation as sanctioned by RGRHCL form time to time inclusive of all prevailing taxes and statutory taxes at rates prevailing a time of submission of tender except Goods & Service Tax which shall be paid at the rates applicable on the date of payment.

The Corporation shall cause the payment of the Consultants periodically as given in schedule of payment above within fifteen (15) days after the receipt by the Corporation of bills with supporting documents. Only such portion of a monthly statement that is not satisfactorily supported may be withheld from payment.

a. In case any consultancy services outside the scope of work is required to be provided for successful completion of the assignment in any schedule, the same

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______shall be carried out by the consultants. Payments for such services shall be made on the mutually agreed rates and other terms and conditions.

7.0 FAIRNESS AND GOOD FAITH

7.1 Good Faith

The parties undertake to act in good faith with respect to each other's rights under this contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

7.2 Operation of the Contract

The parties recognize that it is impractical in this contract to provide for every contingency which may arise during the life of the Contract, and the parties hereby agree that it is their intention that this contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either party believes that this Contract is operating unfairly, the parties will use their best efforts to agree on such actions as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuance to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause 8 hereof.

8.0 SETTLEMENT OF DISPUTES

8.1 Amicable Settlement

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

8.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this contract which cannot be settled amicably within thirty (30) days after receipt by one party on the other party's request for such amicable settlement may be submitted by either party for settlement through arbitration in accordance with the following provisions:

8.2.1 If a dispute of any kind whatsoever arises between the Engineer lncharge and the Consultant in connection with, or arising out of, the Contract or the scope of the work, whether during the study period or after completion of the study and whether before or after repudiation or termination of the Contract, including any dispute as to any opinion, instruction, determination, certification or valuation of the Engineer lncharge, the matter shall be in the first place, be referred in writing to the Engineer lncharge within 180 days of its occurrence for review, with a copy to the 'Corporation'. If the Consultant fails to refer the dispute for review within 180 days, the Engineer lncharge's decision shall be final and binding on the Consultant. Such reference shall state that it is made pursuant to this Clause. No later than the fourteenth day after the day on which he received such reference, the Engineer In charge shall give notice of

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______his decision to the Corporation and the Consultant. Such decision shall state that it is made pursuant to this Clause.

Notwithstanding the arising of any dispute, unless the Contract has already been repudiated or terminated, the Consultant shall, in every case, continue to proceed with the work with all due diligence and the Consultant and the Engineer In charge shall give effect forthwith to every such decision unless and until the same shall have been revised, as hereinafter provided.

8.2.2 If either the RGRHCL or the Consultant disagrees with the decision of the Engineer In charge, the decision shall then be referred by the RGRHCL or by the Consultant, within 30 days of the decision of the Engineer In charge to the Project Implementation Unit (PIU) constituted by the "Chief Officer''. A copy of such reference shall also be endorsed to the Engineer. The PIU shall give its advice in writing to the Corporation within 180 days of receipt of notification by it. The Pl U may call upon the Engineer In charge and the Consultant to hear their case before giving its advice. The Corporation shall then take appropriate decision on the said advice of the Pl U and communicate to the Consultant within 30 days failing which the advice of the Committee shall be binding on the 'Corporation'.

8.2.3 If a dispute of any kind whatsoever arises between the Engineer In charge and the Consultant in connection with any discrepancy found to be exist between actual payment or delay in payment and costs authorized to be incurred by the Consultants, the Corporation may add or subtract the difference from any subsequent payments with Interest at the rate of prime lending rate of State Bank of India plus two percent for the period over and above fifteen days shall become payable as from the above due date on any amount due by, but not paid on such due date.

8.2.3 If the decision of the Corporation reached on consideration of the advice of the Project Implementation unit (PIU) is not acceptable to the Consultant, the Consultant may notify the Corporation within 30 days of the receipt of the said decision, failing, which the Corporation's decision shall be final and binding on the Consultant. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act 1996, or any modification thereof. The arbitrator shall give his decision within 4 months from the date of reference of the dispute to him. The decision of the above said arbitrator shall be final and binding on the RGRHCL and the Consultant.

8.2.4 Miscellaneous

In any arbitration proceeding hereunder:

a. Proceedings shall, unless otherwise agreed by the Parties, be held in Bangalore

b. The English language shall be the official language for all purposes.

9.0 FORE CLOSURE

9.1 In the event that the Consultancy services has to be terminated at any stage for any reason whatsoever during the currency of the consultancy contract, the Corporation may, by not less than Sixty (60) days written notice of foreclosure (the expiry of the notice period whereof being the date of termination) to the consultant, terminate the contract.

9.2 Upon termination of this contract, the consultant shall take necessary steps to bring the work to a close in a prompt orderly manner and shall handover all the documents/ reports prepared by the Consultant up to and including the date of termination to the 'Corporation '.

9.3 The consultant shall be duly paid for the works carried out and services rendered till the date of termination.

FORM 1

FORM FOR SUBMISSION OF PROPOSAL

FORM 1

PROPOSAL SUBMISSION FORM (On letter head of the Consultant Leader) To,

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______The Managing Director, Rajiv Gandhi Rural Housing Corporation Limited No.1,2,3,4 I.T. Park, Rajajinagar industrial Area, Rajajinagar, Bangalore - 560 044

Sub: Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by Rajiv Gandhi Rural Housing Corporation Limited Ref: Tender Notice No.

1. Having examined the completeness of TENDER documents, studied the terms and conditions of contract stipulated in the TENDER documents, we the undersigned offer to provide 'Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by Rajiv Gandhi Rural Housing Corporation Limited' as specified in the Terms of Reference.

2. We undertake, if our proposal is accepted, to:

(i) Enter into the contract agreement within 30 days (Thirty) of issue of letter of award.

3. Unless and until a formal agreement is prepared and executed, this proposal together with your written acceptance thereof shall constitute a binding contract between us.

4. We, (Name of Company) submit herewith our Proposal for selection of our firm as Owners Consultant for the above mentioned Project. The submission comprises of;

(1) Folder-1: Technical Proposal

(2) Folder-2: Financial proposal

5. The Proposal is being submitted by (Name of the consultant) in accordance with the conditions stipulated in the TENDER.

6. We have examined in detail and have understood the terms and conditions stipulated in the TENDER Document issued by 'Corporation •. We agree and undertake to abide by all these terms and conditions. Our Proposal is consistent with all the requirements of submission as stated in the TENDER or any of the subsequent communications from 'Corporation'. Our proposal contains no conditions.

7. The information submitted in our Proposal is complete, is strictly as per the requirements stipulated in the TENDER document and is correct to the best of our knowledge and understanding. We would be solely responsible for any errors or omissions in our proposal.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______8. The Consultancy Firm of satisfies the legal requirements and meets all the eligibility criteria laid down in the TENDER.

9. We as the Consultant, designate Mr. (mention name, designation, contact address, phone no. fax no. etc.,) as our Authorized Representative and Signatory who is authorized to perform all tasks including, but not limited to providing information, responding to enquires, entering into contractual commitments etc. on behalf of us in respect of the Assignment.

10. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely" Prevention of Corruption Act 1988".

11. We certify that in preparation and submission of Technical and Financial information, we have not taken any action which is or which constitutes a corrupt or fraudulent practice as defined in the TENDER documents.

12. We agree to allow 'Corporation', at its option, to inspect and audit all accounts, documents, and records relating to the Consultant's Proposal and to the performance of the ensuing Consultant's Contract.

13. We understand that, the Corporation is not bound to accept any proposal that they may receive.

14. This offer is valid for a period of 180 days from the date of opening of the bid.

Yours Faithfully

For and on behalf of: Enclosures: As Above

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______APPENDIX 1

FORMS FOR TECHNICAL PROPOSAL

Form 2

Relevant Experience and Project Credentials as per section 2 scope of work of this document in the Last 7 Years Which Best Illustrate Qualifications and As per eligibility criteria stated in clause 3 of letter of invitation.

The following information should be provided in the format below for each reference assignment for which your firm, was legally contracted by the Employer stated below.

Assignment Name :

Location within country: Field of Professional Services Provided by your Firm:

Name of Employer : No. of Staff:

Address of the Employer : No. of Staff Months :

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______Start Date (Month/Year) Completion Date: (in Approx. Value of the Project: Current Rs.) (Month/Year) Approx. Value of Services : (in Current Rs.)

Brief details of the Project:

Names of Senior Staff (including Project Director/Coordinator, Team Leader) involved and functions performed:

Narrative Description of Project :

Description of Actual Services Provided by your Staff:

PLEASE ATTACH THE CLIENT'S CERT/FICA TE IN SUPPORT OF THE CLAIM OF EXPERIENCE. IN CASE THE CLIENT'S CERTIFICATE IS NOT ATTACHED, THE CLAIMED EXPERIENCE WILL NOT BE CONSIDERED.

Form 3

Format of Curriculum Vitae (CV) of proposed Key Personnel

Proposed Position on this Study: ------

Name of Firm:------

Name of Staff:------

Profession: ------

Year with the Firm:------

Details of Tasks Assigned:------

Education:

(Summarize College/ University and other specialized education of staff member, giving names of schools, dates attended and degrees obtained) ______

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______Employment Record & Present commitments:

(Starting with present position, list in reversed order, every employment held. List all positions held by staff member since graduation, giving dates, names of employing organization, title of positions held and location of assignments. For experience in last ten years, also give types of activities performed and Corporation references, where appropriate. The information to be provided will include the position, commitment in man¬days for this project along with all other ongoing projects, project brief including location, cost, duration of assignment & current status etc).

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this bio-data correctly describes my qualification my experience and me.

Date: Day/ Month/ Year ______

Signature of Staff Member / Authorized official from the firm:

______

Form 4

Summary of proposed Key Personnel

SN Area of Name of Date of Educational/Professional Experience Expertise Expert Birth Qualification

Note 1 :- Above listed Key personnel shall not be replaced unless written permission of the Managing Director, otherwise it will attract deduction in consultancy fees.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______2:- The total replacement of the above Key personnel shall not be more than 25 %.

APPENDIX-2

FORMATS OF FINANCIAL PROPOSAL

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______Form 5 SCHEDULE OF PRICE PROPOSAL

SN Description of item Fee (as percentage of Project cost as approved by RGRHCL from time to time)

In figures In words Total contract charges as per defined scope of work

(as percentage of total project cost including professional charges, other expenses, out of pocket expenses, traveling cost & taxes applicable on date of the submission of proposal excluding Goods & Service Tax 2017 or any other tax replacing Goods & Service Tax which shall be paid over and above the charges mentioned here to the consultant)

We understand fees as percentage of project cost inclusive of all prevailing taxes and statutory taxes except Goods & Service Tax which shall be paid at the rates applicable on the date of payment of the consultancy services as per which prices have been quoted. The rates quoted shall have no bearing on financial bid submitted by us and shall not be considered for evaluation.

We understand that Corporation is not bound to accept any proposal that they may receive.

Note: Price Should be quoted only in e-procurement portal, above table is for reference purpose only.

Appendix 3 AGREEMENT FORM (On appropriate Legal Stamp Paper)

This Agreement made this day of 2017, between Rajiv Gandhi Rural Housing Corporation Limited (RGRHCL), (hereinafter called "The Authority") on one hand and on the other hand (hereinafter called "The Consultant".)

Whereas the Consultant has offered to perform certain services in this Contract No ...... for "Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by Rajiv Gandhi Rural Housing Corporation Limited". The Corporation has accepted the offer of the Consultant for the performance of such services.

Now this Agreement Witnesseth as follows:

1. The following documents shall be deemed to form and be read and construed as part of this Agreement, namely:

(a) Tender Document & Proposal Submission Form

(b) The Conditions of Contract (General Conditions of Contract and Special Conditions of Contract)

(c) The Appendices 1 to 3 (as per Tender Document)

(d) Section 2 - Scope of Work

(e) Section 3 - Payment Schedule

2. The mutual rights and obligations of the Authority and the Consultant shall be set forth in the contract,

(a) The Consultant shall carry out the Services in accordance with the provisions of the contract,

(b) After issuing of work order to the successful bidder by RGRHCL, RGRHCL will give one copy of work order to the Consultant

(c) The consultant shall assist RGRHCL Engineer from time to time in measuring the works, taking levels, etc. as required for recommending the RA Bills jointly for recording the measurement in the measurement book which will be done by RGRHCL Engineer,

(d) After completion of work, Final Bill with necessary completion report as per Govt. procedure will be prepared and the Consultant shall submit it to RGRHCL for approval of Engineer who will finally and issue the Completion Certificate,

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______(e) The Client shall make the payments to the Consultant(s) in accordance with the Section 3.

f) Law Governing the Contract

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

(g) Language

The Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning of interpretation of this Contract.

(h) Notices

Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing and shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such Party at the address specified to each other from time to time.

(i) Authorized Representatives :

Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the RGRHCL or the Consultant may be taken or executed by the officials specified from time to time or any other official duly appointed.

U) Taxes and Duties

All duties, taxes and other levies as applicable on date of submission of Tender shall be payable by the Bidders (except GST and related payments as per GST Rules 2017 or any other tax substituting GST, and value added tax whichever tax shall be paid extra as applicable on date and shall be over and above the bid price) in respect of the transaction between the Bidders and their vendors/sub-suppliers shall be included in the Proposal's price and 'Corporation' will entertain no claim on this behalf. All taxes, duties and levies (except GST and value added tax) in respect of the transaction between 'Corporation' and Bidders shall be included in the price quoted. However, any increase in the statutory tax after submission of bid shall be on 'Corporation's account and shall be reimbursed on actual basis wherever there is any increase. GST and value added tax is not included in the bid price quoted by bidder and shall be paid over and above the price quoted at the rates prevailing on the date of each payment. Any other tax applicable after submission of tender shall be borne by Corporation.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______3. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

Effectiveness of Contract

This Contract shall come into effect on the date of signing of this Agreement.

The Consultant shall begin carrying out the Services immediately on issue of Work Order.

Time period

The time period of consultant for each project under the contract shall be same as that of mentioned in the tender document of the appointed execution agency of the said project. Any extension of time period being granted to the appointed execution agency by Authority shall automatically shall be applicable to the consultant also however the consultant shall be liable to received additional remuneration based on prorate basis as per mutually agreed terms.

Expiration of Contract

Unless terminated earlier, this contract shall expire when all services required for all project for which services have been rendered by consultant are completed and all payments have been made at the end of such time period after the effective date of work order however for providing services for a particular execution work for supervision the time period specified in the execution tender shall be deemed to be the time period of consultant for work supervision and such extension of time as may be granted . to the work execution shall be granted to consultant with his consent and additional cost implications.

Modification

Modification of the terms and conditions of this contract, including any modification of the scope of the services or of the contract price, may only be made by written agreement between the parties.

Force Majeure

a) Definition For the purpose of this contract, "Force Majeure" means an event which is beyond the reasonable control of a party and includes war, invasion, revolution, sabotage, act of God, earthquake, floods and which makes a party's performance of its obligations under the contract impossible or so impractical as to be considered impossible under the circumstances.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______b) No Breach of Contract The failure of a party to fulfill any of its obligations under the contract shall not be considered to be a breach of, or default under this contract on so far as such inability arises from an event of force Majeure, provided that the party affected by such an event (a) has taken all reasonable precautions, due care and reasonable- alternative measures on order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event. c) Political Force Majeure Events

Political Force Majeure Event shall mean one or more of the following acts or events:

I. Change in Law;

ii. Unlawful or un-authorized or without jurisdiction revocation of, or any political motivated reasons or refusal to renew or grant without valid cause any consent or approval required by the consultant to perform their respective obligations under the Agreements, provided that such delay, modification, denial, refusal or revocation did not result from the Consultant's inability or failure to comply with any condition relating to work.

Ill. GOI or GOM or any Governmental Agency has by an act of commission or omission created circumstances that have a Material Adverse Effect on the performance of its obligations by the consultant.

iv. Where the Force Majeure Event is a Political Force Majeure Event, Authority shall bear cost of such event by paying remuneration due for complete project or projects for which consultant had performed their respective obligations.

d) Extension of Time on account of Force Majeure

Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. For Extended period consultant shall be paid at prorate basis for the services rendered during the extended time period.

Foreclosure of Contract

By Rajiv Gandhi Rural Housing Corporation Limited

The RGRHCL may terminate this Contract, by One Hundred Eighty (180) days written notice to be issued by Managing Director, RGRHCL, of termination to the Consultant, to be given after the occurrence of any of the event specified in paragraphs (a) through (d) of this Clause. 70

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______a) If the Consultant does not remedy a failure in the performance of their obligations under the Contract, within one eighty (180) days after being finally notified or within such further period as the RGRHCL may have subsequently approved in writing.

b) If the Consultant becomes insolvent or bankrupt as per laws of insolvency.

c) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than one eighty (180) days, or such further period as the RGRHCL may have subsequently approved in writing.

d) If the consultant, in the judgment of the RGRHCL, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause:

"Corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution.

"Fraudulent practice" means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the RGRHCL and includes collusive practice among Consultant (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the RGRHCL of the benefits of free and open competition.

Payment upon Termination

Upon termination of this Contract, the RGRHCL shall make the following payments to the consultant.

a) Payment for Services performed prior to the effective date of termination;

b) In the case of termination RGRHCL shall reimbursement of any cost claimed incident to the prompt and orderly termination of the Contract for work done up to the date of such termination. The Consultant shall be entitled to receive payment in respect of amount due and payable for all works performed up to the date of termination, if termination is for reasons not attributable to the Consultant.

c) In the case of termination RGRHCL on account of Political Force Majeure Event shall reimbursement of any cost claimed incident to the prompt , and future discounted cash flows of future revenue and orderly termination of the Contract for work done up to the date of such termination. The Consultant shall be entitled to receive payment in respect of amount due and payable for all works performed up to the date of termination, if termination is for reasons not attributable to the Consultant.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______4. The Consultant shall be responsible for the correctness of the information, data, reports, survey, documents, findings, etc. submitted by him.

5. OBLIGATIONS OF THE CONSUL TANT

General

Entirety & Construction of Agreement

This agreement contains the entire agreement by and between the parties hereto with respect to the Consultancy Works and all previous communications relative hereto are superseded unless otherwise incorporated herein.

Standard of Performance

The Consultant shall perform the Services and carry out his obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the RGRHCL. The consultants shall provide Three Hard copies & one soft copy of all reports/ plans etc. to the Authority in the provided cost however extra copies of the same if demanded by the Authority has to be provided by the consultant at going market rates at that time. Any dEMDnstrative or display model or film documentary broachers, animation etc. related to the scheme has to be prepared by the consultant & supplied to the Authority at the mutually agreed rates based on going market trends at that time. The Authority shall pay these charges over & above the agreed compensation immediately on submission of invoice from the consultants to the Authority.

Conflict of Interests

6. Confidentiality

The consultant shall not, either during term or within two (2) years after the expiration of this Contract, disclose any proprietary information relating to the Project, the services, this Contract, or the RGRHCL's business or operations without the prior written consent of the RGRHCL.

6.1 Documents prepared by the Consultant to be the Property of the RGRHCL

The language of the report shall be in English.

All plans, drawings, specifications, designs, reports and other documents and software submitted by the Consultant shall become and remain the property of the RGRHCL and the Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents and software to the RGRHCL together with a detailed inventory thereof. The Consultant may retain a copy of such documents and software.

7. SETTLEMENT OF DISPUTES 72

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______Amicable settlement

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

Dispute settlement

Any dispute between the parties as to maters 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 such amicable settlement may be submitted by either Party for settlement to the Managing Director then an arbitrator as may be specified in the SC.

Arbitrators

For arbitration under the provisions of the Arbitration and conciliation Act 1966 and the decision of the Arbitrator shall be final and binding on the Parties.

Penalty for Material Breach of Contract:

On the breach of any term or condition of this contract by the Consultant, and as a consequence any amount becomes due to the RGRHCL by the Consultant then the Managing Director shall be entitled to forfeit the amount equivalent to five percent of the Security deposit and to realize and retain the same as damages and compensation for the said breach.

In the event of RGRHCL being in Material Breach of this Agreement RGRHCL shall pay to the Consultant as compensation, all direct additional costs actually suffered or incurred by the Concessionaire arising out of such Material Breach by RGRHCL, in one lump sum amount within 30 (thirty) days of receiving the demand.

Retention of security Deposit shall be made without prejudice• to the right of the Managing Director to recover any sums as damages as per the Contract from any sum due or which may become due to the Consultant or the Authority.

Jurisdiction

The applicable jurisdiction for the Contract shall be the courts at Thane.

8. Approvals

Any approvals to be obtained by either party from the other under this Agreement shall not be unreasonably delayed, denied or withheld.

9. Co-Operation Between Parties

The parties hereto shall fully co-operate with each other in order to ensure timely and successful completion of the services by Consultant. It is, however, understood and agreed to by and between the parties hereto that the parties shall work in close co¬operation with each other at all times in order to ensure timely completion of the project. The Authority shall bring to the notice of the consultant any previous & 73

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______existing work / scheme in progress executed in the water sector & shall execute all existing & future works in concurrence with the consultant in order the smooth facilitation of the scheme proposed by the consultant.

10. Extended and Additional Services

Consultant shall, on the Authority's written request, provide the Authority extended services for extended time on price which includes professional charges based on cost escalation due to time and additional items also additional services on the Consultancy works may be provided, which are not specifically covered under this Agreement. The compensation and other terms and conditions for such additional services shall be mutually discussed and shall be at par with the quoted rates for similar work & on mutually agreed rates for different work upon by and between the parties.

11. In case of any bureaucratic or political hurdle like Authority not accepting the tenders of the execution of the work undertaken under the purview of the said scheme than the consultants will be entitled for payment of last installment within three months from the date of work order irrespective of any other condition as mentioned in this agreement.

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______CONTRACT FEES:

The total Contract Price payable shall be at percentage rate of % (In Words ______only) (plus Goods & Service Tax or any other tax replacing Goods & Service Tax as applicable of date of payment) of the approved Project Cost as sanctioned by the Authority from time to time. The Breakup of each component of scope of work is mentioned in Annexure 1 of this agreement.

Payment shall be made within 15 days of receipt of the invoice and within 60 days in the case of the final payment. Statutory Fees/ Revenue payable to various government bodies for getting approvals shall be paid directly to concerned department by the Authority.

In witness whereof the parties hereto have caused this Agreement to be signed in their respective hands as of the day and year first before written.

Signed Sealed & Delivered by

FOR AND ON BEHALF OF THE RGRHCL By

For Rajiv Gandhi Rural Housing Corporation Limited

FOR AND ON BEHALF OF THE CONSULTANT

Witness:

1. . ……………………………………………………

2 . . ……………………………………………………

Signatures of Standing Committee Member:

1. . ……………………………………………………

2 . . ……………………………………………………

S.NO. PARTICULAR

1 Annexure 1 : Deleted.

2 Annexure 2 : Scope of Work

3 Annexure 3 : Payment Schedule

Signature of Tenderer General Manager (T), RGRHCL Tender Document for Empanelment for Architect Engineering Companies (AEC) for Development of various works identified by RGRHCL ______ANNEXURE 2

SCOPE OF WORK

[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and the Consultant during the negotiations; dates for completion of various tasks; location of performance for different tasks and detailed reporting requirements; Client's input, including counterpart personnel assigned by the Client to work on the Consultant's team; specific tasks or actions that require prior approval by the Client.

Insert the text based on the Section 2 (Scope of Work & Terms of Reference) of the RFP and modified based on the Forms -1 through Form-4 of the Consultant's Proposal. Highlight the changes to Section 7 of the RFP]

ANNEXURE 3

SCHEDULE OF PAYMENT 77

[This Appendix shall include the final Schedule of Payment worked out by the Client and the Consultant during the negotiations including dates for completion of various tasks and list of deliverables against which the payments to the Consultant will be made.

Insert the text based on the Clause 2 of Section 3 (Payment Schedule) of the RFP and modified based on the Forms 1 through Form-4 of the Consultant's Proposal. Highlight the changes to Clause 2 of Section 3 of the RFPJ

Signature of Tenderer General Manager (T), RGRHCL