181220231209-Final EOI Architect LHO Pune 16122023

Download as pdf or txt
Download as pdf or txt
You are on page 1of 80

TENDER ID: MAH202312003

Premises department, 3rd floor State Bank of India,


Local Head Office Maharashtra,
Synergy, 3rd Floor, C-6, G Block, Bandra Kurla Complex,
Bandra (E), Mumbai 400051
Phone No. 022-26445630, e-mail: [email protected]

TENDER NOTICE FOR PRE QUALIFICATION AND SELECTION OF PRINCIPAL


PROJECT ARCHITECT CUM PROJECT MANAGEMENT CONSULTANT FOR
PROPOSED INTERIOR WORKS FOR ESTABLISHMENT OF BANK’S LOCAL HEAD
OFFICE MAHARASHTRA IN PUNE

SUBMITTED BY:

NAME : _____________________________

ADDRESS : _____________________________

_____________________________

_____________________________

_____________________________

GSTIN NO. : _____________________________

MOBILE NO. : _____________________________

E-MAIL ID : _____________________________

Signature with seal of the Bidder Page 1 of 80


TECHNICAL BID (ENVELOPE – I)

NOTICE INVITING EXPRESSION OF INTEREST (EOI) FOR PRE-QUALIFICATION


AND SELECTION OF PRINCIPAL PROJECT ARCHITECT CUM PROJECT
MANAGEMENT CONSULTANT

State Bank of India invites Expression of Interest (EOI) from reputed and experienced
Architectural Firms/Individuals satisfying the eligibility criteria for pre-qualification and selection
of Principal Project Architect cum Project Management Consultant (PPA cum PMC) through
Design Competition for the Proposed Interior Works for establishment of Bank’s
Local Head Office Maharashtra in Pune

Sr.No. Particulars Details


Proposed Interior Works for establishment of
1. Name of work Bank’s Local Head Office Maharashtra in
Pune for State Bank of India.(“The Project”)
Architectural Cum Project Management
2. Nature of Work
Consultancy Services
Total Time allowed for 12 months from the date of award of work to
3.
completion of the Project PPA cum PMC
Available on Bank’s website
Availability of Pre-
https://sbi.co.in/web/sbi-in-the-
4. Qualification Application/
news/procurement-news
Tender documents
from 18.12.2023 to 08.01.2024
Address for submission of Assistant General Manager (P&E)
Application/Tenders for State Bank of India, LHO Maharashtra,
5. Synergy, 3rd Floor, C-6, G Block,
prequalification and
Bandra Kurla Complex,
selection of PPA cum PMC Bandra (E), Mumbai 400051
Last date & time for
submission of
08.01.2024 by 03:00 PM
Application/Tenders for
At address mentioned above through Speed
6. prequalification and
post/drop it in the tender box at State Bank of
selection of PPA cum PMC
India, Local Head Office, Maharashtra
alongwith Technical Bid and
price bid (in sealed cover).
Date and Time of opening of
7. 08.01.2024 by 04:00 PM
Technical Bids.
After completion of Design Competition
8. Opening of price bids.
among shortlisted Bidders/Architects.

Signature with seal of the Bidder Page 2 of 80


9. Conditional proposals are liable for disqualification.

10. The SBI reserve their rights to accept or reject any or all the applications, either in whole
or in part without assigning any reason(s) therefore and no correspondence shall be
entertained in this regard.

11. In case, date of opening of tenders is declared as a holiday, the tenders will be opened
on the next working day at the same time and venue.

12. The shortlisted Architectural Firms/Individual shall be invited for Design Competition and
date shall be intimated by SBI after the scrutiny of Technical Bid.

13. For any clarifications please contact Manager (Architect), State Bank of India Local Head
Office Maharashtra, P&E Department, Synergy, 3rd Floor, C-6, G Block, Bandra -Kurla
Complex, Bandra (E), Mumbai 400051 Phone No. 022-26445656.

14. Interested Architectural Firms/Individuals fulfilling prescribed eligibility criteria are hereby
invited and requested to ensure submission of their Design Competition Proposals in the
prescribed format with supporting documents to:
Assistant General Manager (P&E)
State Bank of India,
Local Head Office Maharashtra,
Synergy, 3rd Floor, C-6, G Block,
Bandra Kurla Complex,
Bandra (E), Mumbai 400051

by 3.00 PM on 8th January 2024.

Applicants are advised to submit the complete set of documents in properly spiral
bounded form. The applications received in loose sheets shall be summarily rejected.

Assistant General Manager (Premises & Estate)

Signature with seal of the Bidder Page 3 of 80


1. Disclaimer

1.1. The information contained in this Tender document or information provided


subsequently to Bidders / Architects whether verbally or in documentary form/email by
or on behalf of State of India, is subject to the terms and conditions set out in this
document.

1.2. This is not an offer by SBI, but an invitation to receive responses from the eligible PPA
cum PMCs (Bidders / Architects). No contractual obligation whatsoever shall arise from
the tender process unless and until a formal contract is signed and executed by duly
authorized official(s) of State Bank of India with the selected Bidders / Architects.

1.3. The purpose of this document is to provide the eligible Bidders / Architects with
information to assist preparation of their Bid proposals. This document does not claim
to contain all the information each Bidders / Architects may require. Each Bidders /
Architects should conduct its own investigations and analysis and should check the
accuracy, reliability and completeness of the information contained in this document
and where necessary obtain independent advices/clarifications. SBI may in its absolute
discretion, but without being under any obligation to do so, update, amend or
supplement the information in this document.

1.4. The SBI, its employees and advisors make no representation or warranty and shall
have no liability to any person, including any Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any
loss, damages, cost or expense which may arise from or be incurred or suffered on
account of anything contained in this document or otherwise, including the accuracy,
adequacy, correctness, completeness or reliability of the document and any
assessment, assumption, statement or information contained therein or deemed to
form or arising in any way for participation in this bidding process.

1.5. The SBI also accepts no liability of any nature whether resulting from negligence or
otherwise, howsoever caused arising from reliance of any Bidder upon the statements
contained in this document.

1.6. The issue of this document does not imply that the SBI is bound to select an Architect
for the Project and the SBI reserves the right to reject all or any of the Architects or
Bids without assigning any reason whatsoever.

1.7. The Bidders/Architects are expected to examine all instructions, forms, terms and
specifications in the bidding document. Failure to furnish all information required by the
bidding document or to submit a Bid not substantially responsive to the bidding
document in all respect will be at the Bidders risk and may result in rejection of the Bid.

Signature with seal of the Bidder Page 4 of 80


INSTRUCTIONS TO THE BIDDER/ARCHITECTS

1. Scope of work:
PPA cum PMC Services to render Architectural Consultancy Services for the
Proposed Interior Works for establishment of Bank’s Local Head Office
Maharashtra in Pune, admeasuring approx.1,81,085 Square Feet of MahaRERA
Carpet Area having other State Bank of India establishments. Floor Layout plan of the
plot is attached with this document. Further details of the services to be rendered by
the PPA cum PMC is given in Scope of Services.

1.1. Site and its location


Clock Towers, Kharadi MIDC Area, Kharadi, Pune 411014, Maharashtra.

2. PQ documents:

2.1. The work has to be carried out strictly according to the conditions stipulated in the
application consisting of the following documents and in the best and most
workmanlike manner.
 Instructions to Prospective Architects
 General conditions of Contract
 Price Bid

2.2. The above documents shall be taken as complementary and mutually explanatory of
one another but in case of ambiguities or discrepancies, shall take precedence in the
order given below;
a. Price Bid
b. Addendums (if any)
c. General conditions of contract
d. Instructions to Prospective Architects

2.3. The tender documents are not transferable.

3. Site Visit:
The Bidders/Architects (PPA cum PMC) are advised to obtain all necessary information
to participate in the tender process at their own responsibility and cost before entering
into a contract for the project. The tenderer will be fully responsible for considering the
financial effect of any or all the factors while submitting his tender.

4. Signing of contract Documents:


The selected Bidder/Architect shall be bound to enter into an agreement in the
prescribed format, within 15 days from the date of receipt of intimation of acceptance of
their proposal by the SBI. However, even if no such formal agreement is signed, the
written acceptance of the offer from the SBI will constitute a binding agreement
between the Bank and successful Bidder/Architect.

Signature with seal of the Bidder Page 5 of 80


5. Completion Period:

Time is essence of the contract. The Project has to be completed in all respect
accordance with the terms of contract within a period of 12 months from the date of
award of work to PPA cum PMC (Bidder/Architect).The PPA cum PMC has to ensure
that the Project has to be completed within six months from the date of award of
work to the Civil/ Interior contractor. The PPA cum PMC has to submit relevant
documents / tenders / drawings etc. as per the schedule given in the agreement.

6. Validity of Price Bid:

Design Proposals shall remain valid and open for acceptance for a period of 90 days
from the date of opening Price/Commercial bid. If the tenderer chooses to withdraw
their offer during the validity period or makes modifications in their original offer, their
Design Proposal shall be summarily disqualified without notice and no
correspondence shall be entertained in this regard.

7. Price Bid shall be opened only of those shortlisted Bidders/Architects who have
participated in the proposed Design presentation proving their technical competency
and capability in handling similar projects for Central Govt. Dept./State Govt. Dept./
Semi Govt. Dept. /PSU/Public sector Banks/Reputed Private Sector Financial
Institutions.

8. All the Bidders/Architects shall be bound to accept and sign the “Integrity Pact” as
per attached “Annexure J” to submit the duly signed Integrity Pact along with their
Application/Tenders. The Application of the Architects not submitting the Integrity
Pact as per prescribed format shall be summarily disqualified and no correspondence
shall be entertained in this regard.

9. Application complete in all respect i.e. with all annexure on required amount stamp
papers or letter head as prescribed by the Bank in this document.

10. Applicants are advised to submit the complete set of documents in properly spiral
bounded form. The applications received in loose sheets shall be summarily
rejected.

Signature with seal of the Bidder Page 6 of 80


GENERAL CONDITIONS OF CONTRACT

1. Definitions: -

1.1. “Contract” means the documents forming the tender and the acceptance thereof and
the formal agreement executed between State Bank of India and the selected
Bidder/Architect as PPA cum PMC, together with the documents referred there in
including those conditions and instructions issued from time to time by the Bank and all
these documents taken together shall be deemed to form one contract and shall be
complementary to one another.

1.2. In the contract the following expressions shall, unless the context otherwise requires,
have the meaning hereby respectively assigned to them.

1.3. “SBI’ shall mean State Bank of India, through its Local Head Office, Maharashtra
at Synergy Building, BKC, Mumbai 400051

1.4. ‘The Architect’ shall mean the individual or firm or company selected and engaged for
undertaking the project as the PPA cum PMC and shall include legal personal
representative of individual or the composing the firm or company and the permitted
assignees of individual or firms of company.

2. The Architect must be equipped with adequate expertise and experience in


undertaking Planning, designing & implementing/execution of Civil, Landscaping work,
Electrical (HT/LT), Plumbing, Air-Conditioning, Lifts/Elevators, DG sets, UPS system,
IBMS (CCTV, Public Address System, Fire & Safety Systems and integrating it with
Building Management System) and all essential and ancillary works/services required
for construction and completion of Residential buildings.

3. Eligibility criteria:

(i) Bidders / Architects shall have minimum 07 years’ experience as an Architect as


on 30.11.2023. The experience should include all consultancy services for buildings
such as architectural, structural, engineering, Interior and Furnishing and all internal
and external services such as electrical, AC, plumbing, water supply, soil and storm
water drainage, lifts, fire-fighting / horticulture, EPABX / Networking, gymnasium,
parking, rainwater harvesting, sewage treatment plant, recycling of waste water, solar
installation etc.

(ii) The Bidders/Architects should have rendered satisfactory professional services in


planning, designing & supervision of similar Commercial Office Building Interior
projects, from inception to completion stage for:

a. At least one similar work of minimum Rs. 43.20 Crores each or two similar
projects of minimum Rs. 27.00 Crores each or three similar projects of minimum
Rs.21.60 Crores each during last 7 years ending on 30.11.2023. These building

Signature with seal of the Bidder Page 7 of 80


projects should be Commercial Building projects and the value of work mentioned is
excluding GST.
“Similar Work” under this clause means Planning, Designing and Supervision of
Interior works of Commercial Office Building including Civil, Plumbing, Sanitary, Interior
& Furnishing, Fire Fighting ,Air conditioning, Electrical and Solar Installation work for
Central Govt. Dept./State Govt. Dept./ Semi Govt. Dept. /PSU/Public sector Banks/
Reputed Private Sector Financial Institutions during last 7 years as on 30.11.2023”.

(iii) At least one of Proprietor / Partners / Directors of the Bidder / Architect should have a
valid registration and license as an Architect from “Council of Architecture”.

(iv) The Bidder /Architect should preferably have a full-fledged office or ready to establish
an office in Pune / Mumbai and should have adequate number of qualified Architects,
Engineers and other personnel on the payroll / establishment of the company and
should also have tie up arrangements with reputed registered and licensed services,
Architect firms, Electrical consultants, Air-conditioning consultant etc.

(v) The average annual turnover of the Bidder /Architect by way of professional Fee for
best 3 out of last 5 financial years ending on 30.11.2023 shall not be less than Rs.
48.60 Lakh. Copies of the audited Annual Balance sheet for the last five financial years
ending on 31.03.2023 shall be submitted in support of claims.

(vi) The Bidders /Architects satisfying the prescribed eligibility criteria shall only become
eligible to bid the assignment. Clear supporting evidences like photographs,
certificates, documents etc. should be submitted with the bid.

(vii) The Bidders /Architects should either have their local / Branch Office in Pune /
Mumbai (documentary evidence to be submitted) or prepared to setup an adequate
office setup with in-house capability and infrastructure / expertise to Manage such high
magnitude specialized projects in Pune / Mumbai within1 month from the date of
award of contract provided they are qualified for the project through laid down selection
process. An undertaking to be submitted by the PPA cum PMC to this effect along with
their application.

(viii) The Bidders / Architects shall be responsible and prepared to engage


expertise/Architects for all specialized services of the project for which in house
expertise is not available with them within the professional fee agreed and payable to
them.

(ix) The Bidders /Architects should have qualified & experienced technical team at its
disposal for deployment at site for day-to-day supervision of the project during the
execution of the project from date of commencement of work to handing over of the
entire infrastructure to the SBI.

(x) The Bidders /Architects should have all necessary licenses, permissions, consents, no
objection certificates, approvals as required under the law for carrying out its/their
business including those envisaged under the scope of this tender.

Signature with seal of the Bidder Page 8 of 80


(xi) The Bidders /Architects should have valid GST Registration Certificate and PAN.
Copies of supporting documents to be attached.

(xii) The Bidders /Architects should not have been blacklisted by the Govt. of India
Organizations / PSU / PSE / Govt. Depts./Pubic Sector Banks/ reputed Private Sector
Banks etc. for breach of any applicable laws or violation of regulations or breach of
contractual agreement or rendering unsatisfactory professional services during the last
7 (seven) years. (Self-declaration to be submitted by the PPA cum PMC along with
their application).

(xiii) The Architect firms should be a sole entity and not a consortium or joint venture.

(xiv) Merely fulfilling the prescribed eligibility criteria shall not entitle Architects for
shortlisting and invitation for participation in the proposed Techno-commercial
competition for the project. The shortlisting as well as final selection of Architect for the
project shall be subject to independent verification of credentials, inspection of project
sites, calling confidential reports from the present/previous employers etc.

4. The objective of this EOI is to identify and select suitable Architect as PPA cum PMC
for planning, designing, project management and obtaining all clearances from local
authorities concerned etc. as per duties and responsibilities mentioned in this
document for Proposed Interior Works for establishment of LHO Maharashtra in Pune.

5. Submission of bids:

i. The Proposal shall be submitted as under:

Technical Bid comprising of this tender document with all annexures duly filled in along with
copies of the authentic supporting documents super-scribing on top APPLICATION FOR
PRE QUALIFICATION AND SELECTION OF PRINCIPAL PROJECT ARCHITECT CUM
PROJECT MANAGEMENT CONSULTANT FOR PROPOSED INTERIOR WORKS FOR
ESTABLISHMENT OF BANK’S LOCAL HEAD OFFICE IN PUNE.

ii). The sealed technical document along with the price bid (Technical bid document
in envelope-1, Price bid in envelope-2 and both these envelopes put in envelope -3)
must be sent by SPEED POST or dropped in the tender box available at:

TheAssistant General Manager (P&E)


State Bank of India
Local Head Office Maharashtra,
Synergy, 3rd Floor, C-6, G Block,
Bandra Kurla Complex,
Bandra (E), Mumbai 400051

during Office working hours upto 3:00 pm on 8thJanuary 2024.

Signature with seal of the Bidder Page 9 of 80


iii. The certified/self-attested copies of the supporting documents shall be furnished along
with the technical bid.

iv. All annexure shall be duly signed by the Bidder / Architect with stamp on each page.

v. Bid should be submitted strictly as per the formats prescribed in the Annexure to this
Notice and bids submitted in any other format shall be summarily rejected.

vi. Bid documents should be signed by the authorized signatory of the Bidder and copy of
the authorization / authority letter issued in this behalf should be submitted along with
the Bid, in the absence of which the Bid shall be liable to be rejected.

6. Instructions on filing information in the Bid forms.

While filling the information in the Bid forms, please ensure the following:

a) Information furnished should be crisp, to the point and precise.

b) Please do not keep any field blank. In case nothing has to be filled in a particular field
then please write ‘Not Applicable’ there.

c) Supporting documentary evidences are needed for claims made in the Proposal. Please
attach copies of all the relevant/supporting documents, neatly arrange them in order of
appearance of their reference in the Proposal. Write the annexure number in serial order
on top right corner of document in bold letters. Annexed the set of these documents at
the end of the Proposal and bind it properly. Please mention correct Annexure Number
at relevant pages of the Proposal.

d) There is possibility that same document has to be mentioned as evidence at more than
one place in the Proposal. In that case keep only one copy of that document and
mention that particular Annexure Number at every place where that particular document
needs to be referred.

e) The certificate from the client should clearly mention particulars of the project,
scope of services offered by the PPA cum PMC, actual project cost, date of
completion of project, existence of green building features and opinion of client on
quality of services rendered by the PPA cum PMC.

f) The authorised signatory of the Bidder has to sign all pages of the Bid documents and
should also affix the seal of the Bidder.

7. Evaluation of Proposals for Shortlisting:

a) The Sealed Cover containing Technical Bid alone of all the Bidders / Architects will be
first opened by the authorized committee and evaluated on the various eligibility criteria
and other marking matrix parameters as per “ANNEXURE B”.

Signature with seal of the Bidder Page 10 of 80


b) The Bids will be initially evaluated for the eligibility based on the documents submitted
in support of eligibility criteria specified hereinbefore and accordingly Bidders /
Architects fulfilling the various criteria shall be shortlisted.

c) Maximum 4 to 5 Bidders/Architects scoring highest marks (based on evaluation as


per Annexure –B, Part–A) on the prescribed parameters and marking matrix may be
shortlisted by the Committee constituted by SBI.

d) The SBI may consider inspecting the projects and calling for confidential reports from
their clients prior to shortlisting and inviting for Design competition for the project.

e) The decision of SBI in shortlisting of Architects invited for Design competition shall be
final and binding and no correspondence shall be entertained in this regard.

f) All shortlisted Bidders / Architects shall be advised to submit their Design presentation
comprising of:

Approach paper/conceptual drawings / Plans / Models etc. along with a


rough estimate in soft as well as hard copy as per Bank’s requirements
and completely in compliance with local bye laws, rules and regulations
applicable for the purpose at the centre within the specified time line.

g) The Bidders / Architects submitting the requisite papers/ documents/drawings/Models


etc. shall be invited for making a presentation before competent Committee constituted
by SBI.

h) The Committee constituted by SBI will evaluate the proposal and the presentation of
the proposed approach, methodology and technical capabilities of the Bidders /
Architects and shortlist the Bidders as per the laid down criteria. The decision of the
Committee shall be final and binding on the Bidders.

i) The Price/Commercial Bid of only those who had participated in the Design
Presentation shall be opened.

j) The Technical Bid and Commercial/Price Bid will have weightage of 70 and 30
marks respectively.

k) The Bidder who score maximum marks put together for technical bid and price bid shall
be considered for selection, after techno-commercial evaluation based on 70%
weightage to Technical Parameters and 30% for Financial Bid. An example has
been given regarding evaluation of proposals in Annexure –B and the bidders are
requested to note the process of evaluation of bids.

l) The parameters for evaluation of Bids are advised in Annexure-B (both Part-A and
Part-B) to this Notice.

Signature with seal of the Bidder Page 11 of 80


8. Design Competition:

a) Bidders shortlisted for participating in Design competition will have to present their
scheme of proposals/drawings/plans/visuals/3D Views etc. to the Committee on the
date to be advised by SBI separately.

b) Each Bidder will be given about 20 to 30 minutes time for making presentation. After
presentation the committee members will interact with the Bidder to understand
presentation.

c) To participate in design competition, the Bidders will have to attend the event on their
own expenses. However, the Bank may make lumpsum total payment of Rs. 20,000/-
(Rupees Twenty thousand Only inclusive of all taxes) as token of appreciation to
those bidders/Architects who are invited and participating in the design competition
except the selected Bidder/Architect (PPA cum PMC).

d) The exact date, time and venue for design presentation shall be intimated to shortlisted
Bidders separately.

e) The design brief can be seen in scope of work for the project.

f) The Sketch Scheme / designs submitted will be the property of SBI and SBI shall have
full rights on the design and drawings submitted. No objection in this regard will be
entertained.

9. Based on the Design presentation proposal and other features for the proposed
project, their capability and capacity shall be judged and rated by the competent
committee of SBI including some independent external members on various
Parameters and marking matrix as per ANNEXURE –B, Part - B.

10. Financial bid:


a) The prospective Bidders are required to submit their Price Bid quoting the total
professional fee for the project in the specified format at Annexure-M in a separate
sealed Envelope.

b) The Price/Commercial Bid of only those shortlisted bidders shall be opened/


entertained who will participate in the Technical Design Presentation against Specific
Invitation from SBI.

c) The price Bid shall be opened only after successful completion of the Technical Design
Presentation and its Evaluation by the Competent Committee.

11. Professional Fee:


While quoting the total professional fee for the project in the Price Bid, the Bidders /
Architects are as advised to consider the following:

Signature with seal of the Bidder Page 12 of 80


(i) The Bidders / Architects are required to quote professional fee (excluding GST) for
the Architectural Consultancy Services including Project Management Consultancy
Services in the Price Bid.
ii) The SBI shall be at liberty to entrust the job of Architectural Consultancy as well as
PMC Services to two different agencies within its sole discretion.
(iii) The total professional Fee (i.e. Fee towards Architectural Consultancy Services
and PMC) should be quoted as a fixed percentage of Total Project Cost
(Excluding cost of items directly procured by the SBI) andcan be quoted within
following limit:-
Upper cap (Maximum) @ 3.0% of the Total Project Cost (Excluding cost of
items directly procured by the SBI)
a) No professional fee shall be payable to the selected PPA cum PMC for the bought-out
items which are directly procured by the SBI.

b) The prospective PPA cum PMC will obtain all necessary mandatory approvals
(Essential for commencement of construction at site) and its periodical renewal,
obtaining completion/occupancy certificates after completion of project etc. from the
respective department/authorities including necessary liaison for procuring such
permissions within the quoted professional fee only. However, any Govt. fee /charges
payable to the respective Govt. authorities against Govt.’s demand note/challan/Map
fee etc., shall be paid by the SBI against production of original copies of such
demand note/challans.

c) The selected Architect shall undertake to permit SBI for deductions of the following
sums from the total fee becomes payable to them for the project as per the stage
wise Fee structure and rate approved and accepted by the Bank:-
i) Deduction on account of TDS as per applicable rules of Government.

d) The selected Architect shall provide minimum 3 engineers (One Qualified Project
Engineer/ Architect having 15 years of experience, One Qualified Civil Site
Engineer having minimum 5 years of experience and one Qualified Electrical
Site Engineer having minimum 5 years of experience, for day to day
supervision of the proposed interior works /measurements /quality assurance of the
project within the fees quoted.

e) Travelling expenses of the selected Architect to visit LHO Maharashtra in Mumbai


and site in Pune shall be included in this fee. If any visit outside Pune district is
performed with the approval of Bank regarding this project shall be reimbursed to the
Architect.

f) The Bidders / Architects shall, within the fee engage a qualified :- (i) Structural
Consultants / Engineer (ii) Electrical Consultants / Engineers (iii) Sanitary and
Plumbing / Public Health Consultants/ Engineer and (iv) Consultants for related
services required for installation of AC (Split / window), lifts, generators and
firefighting installations, consultants for planning & implementation of green building
initiative / concepts, landscaping, interior works etc. to assist them in their works.
The remuneration, fees of Project–In-Charge and his required assistants /

Signature with seal of the Bidder Page 13 of 80


consultants / Engineers (minimum 3 engineers of required field / experience)
appointed shall be paid by the APMCF who shall also be responsible for all the work,
actions, omissions, etc. of any such Project-In-Charge and his assistants /
Consultants / Engineers.

12. Award of Contract:

a) The Bidder/Architect which gets highest marks (obtained in technical and


commercial bid put together as per evaluation) will be decided as the prospective
PPA cum PMC for further decision on awarding of contract.
b) SBI may reject any/all the bids received without assigning any reason whatsoever.
c) Validity period of bid: 90 days shall be the validity period of bid from the date of
opening of Price/Commercial Bid. However, the Bid submitted by the selected PPA
cum PMC shall remain valid throughout the term of the Contract awarded.

13. On award of the contract, the Firm will be expected to take up/commence the
assignment within 15 days of time.

14. If the performance of the PPA cum PMC at any stage of the project is not found
satisfactory or in the interest of the Bank, the SBI will have the right to terminate the
agreement by giving one months’ notice and in such an eventuality, no claim for any
compensation/Fee for the balance work shall be considered. However, their dues shall
be settled as per provisions contained in the standard agreement for the purpose, in
proportion to the services actually rendered.

15. The SBI will have right to change scheduled date of any event. Revised date will be
displayed on our website or communicated separately.

16. Any corrigendum in this EOI shall be intimated through announcement at Bank’s
website only. The prospective PPA cum PMCs are requested to peruse Procurement
News section of our Bank’s website www.sbi.co.in from time to time till the process of
selection of Architect gets over.

17. Officials of SBI/ Bank may visit office of the Bidders/Architects, sites of project
completed by Bidders/Architects and office of those clients to verify information
submitted by Bidders/Architects in technical bid. In case it is found that
Bidders/Architects has submitted misleading information in technical bid, the
candidature of such Bidders/Architects will be dismissed. SBI will have discretion to
seek confidential report from previous clients of the Bidders/Architects and in case of
any negative report/feedback, the SBI may take action as deemed fit.

Signature with seal of the Bidder Page 14 of 80


18. Scope of services:

The SBI proposes to engage services of Principal Project Architect cum Project
Management Consultant for Proposed Interior Works for establishment of Bank’s
Local Head Office in Pune for State Bank of India. This will be a 'State of Art' design
having all modern amenities and will comply / have features of 'Green' and Energy
Efficient Building.

Site Plan of the Property is as given below:-

Bank’s Requirements are briefly given as under:-

I. Proposed LHO Building will be a Green Building certified by Indian Green Building
Council and various parameters to achieve the same i.e. Zero Waste, Lesser Carbon
footprint etc will be taken care of while occupying the premises.

II. Proposed LHO Building will be designed based on Open Office Concept to make it
accommodative for future needs as well; which means interiors layouts of multiple
floors will be kept identical, clutter free, with maximum one or two cabins, temporarily
fixed modular workstations and no full height storages/ record rooms.

Signature with seal of the Bidder Page 15 of 80


III. Proposed working space for staff vis-à-vis their respective designations is given
hereunder to ensure openness in the interior layout & standardization for future:

SN Space Type Designation SqFt Area


1 Work Stations (WS) Upto Scale-IV 120-150
2 Cubicles Scale-V 170-200
3 Cabins Scale-VI (DGM) 200-250
4 Cabins with Toilets Scale-VII (GM) 250-300
Cabins with Toilets & Ante 300-450
5 CGM & Above
Room
Running Files in Drawers, 1200 mm high Storage along
6 Small Storages
with workstations.
Files to be divided as per their storage need: Fire Proof,
7 Large Storage
Compactors both will be in Basement.

IV. Proposed LHO Building will have following tentative floor-wise allotment :
Approx Area
SN Floor Proposed Usage
(SqFt)
1 Basement Amenities 27,250
2 Stilt Branch, Café & Visitors 8,740
Visitors Meeting Rooms, Library & RBO-Pune
3 First Floor 9,830
Rural
4 Second Floor RBO-Pune (E&W) 10,270
5 Third Floor AO-Pune 10,270
6 Fourth Floor 10,270
7 Fifth Floor 10,270
8 Sixth Floor 10,270
9 Seventh Floor LHO Departments 10,270
10 Eighth Floor 10,270
11 Ninth Floor 10,270
12 Tenth Floor 8,950
13 Eleventh Floor VC/ MEETING Rooms 8,950
14 Twelfth Floor CDO Department 8,950
15 Thirteenth Floor GM Secretariats 8,950
CGM Secretariat with Board Room & Conference
16 Fourteenth Floor 8,470
Room & VIP Canteen
17 Fifteen Floor Corporate Centre Establishments 8,950

V. Basement of Proposed LHO Building will house following proposed major amenities
to keep the various floors clutter-free:

i. Canteen (with stackable furniture & foldable partitions)


ii. Kitchen (With Heating Facilities Only)

Signature with seal of the Bidder Page 16 of 80


iii. Multi-Purpose Hall (With Acoustic Finishes)
iv. Recreation Hall (With Gym & Indoor Games)
v. Dispensary & Pensioners Office
vi. Driver Rest Room
vii. Record Area (Fire-Proof & Normal Compactors)
viii. Common UPS Room (To avoid the space on all floors)
ix. Services i.e. Pump Room, Water Storages, STP, IT System Room,
Transformers & Panel Room etc.
x. Union/ Association Offices.

VI. Proposed LHO Building will have separate Entry/ Exit of Employees & Visitors.
Visitors Entry to all the floors of the Building will be restricted. Instead, Visitors will be
allowed to visit only Stilt & First floors of the Building; Concerned Employee will meet
visitors in designated areas/ meeting room.HNI Customers/ Special Visitors may be
allowed to visit DGM & Above in their cabins.

VII. Other required tentative amenities/ services are as following:


 Car parking and sufficient 2 Wheeler parking as per statutory requirement.
 Toilets as per statutory requirements.
 Entrance lobby in ground floor, stair case and lifts.
 Landscaping/ Garden as per prevailing site conditions / Design compliant to the
existing contours of the site.
 Other services/ area / amenities to ensure smooth operations of the proposed
LHO Building.

18.1. The SBI intends to commence and complete the works in all respects viz. ready for
occupation within a maximum time span of 06 months from the date of
commencement of the work by the Civil/ Interior contractor and maximum 12 months
from the date of allotment of work to PPA cum PMC.

18.2. The proposed PPA cum PMC will take all necessary work approvals in advance for the
project (will also support/assist the L-1 contractor for procuring/revalidation as and
when required) of existing Municipal and other mandatory permissions, NOCs,
occupation / completion certificate required to be obtained from the local Authorities
viz. Municipal Corporations, Town & Country Planning Department and any other
State / Central Government / Statutory authorities etc. as applicable including obtaining
occupation and completion certificate from Corporation/Govt. authorities within the
specified approved time frame.

18.3. The time is the essence of the contract and the duties of the Architect will be governed
by the standard agreement (sample of proposed agreement can be inspected at this
office during Office hours) to be executed with SBI by the successful Architect.

18.4. The role and responsibilities of the selected PPA cum PMC will broadly include:

Signature with seal of the Bidder Page 17 of 80


The Duties /scope of work expected from the PPA cum PMC shall be as follows:

i. Providing professional services for Proposed Interior works for establishment of LHO
Maharashtra in Pune as per latest Building standards/ Govt statutory requirements.

ii. Preparation of sketch designs with two/three alternative schemes including carrying out
necessary revisions till the sketch designs are finally approved by the SBI, making
block estimates, 3D view etc.

iii. Taking instructions from SBI, visiting site, preparing sketch scheme plans/designs for
the project, working drawings, detailed Item Rate estimates supported with take-off
sheets and standard Analysis of Rates for all major Items for the project including all
services in accordance with standards, regulations, etc. (including carrying out
necessary revisions till the designs are finally approved by the SBI).

iv. The PPA cum PMC will obtain, on behalf of the Bank, all required approvals, NOCs,
building permission / Commencement Certificate / Building / Municipal Permission from
the local Municipal Corporation, Town & Country Planning department, Aviation,
Maharashtra State Electricity Board, Electrical Inspectorate, Lifts/Elevators Inspectors,
Fire department and any other Govt. / Statutory Authorities for commencing of the
project, Building Completion / Occupation Certification and any other permission as
applicable for establishment. However, all such building permissions shall be procured
in a time bound manner as per the agreement with the Bank. The permissions and
authorities mentioned above are not exhaustive, and it shall be the sole responsibility
of PPA cum PMC to obtain all approvals necessary for commencement and completion
of the construction of the Project as per the final design plan approved by SBI,
including obtention of the Occupation Certificate, within Completion Period, i.e 24
months from date of award of the work to PPA cum PMC.

v. In the event the PPA cum PMC fails to procure required building permissions and
approval of plans from the local authorities within a reasonable time of maximum 6
months from the date of award of the Contract to PPA cum PMC, SBI shall be
entitled to discontinue the services as the PPA cum PMC for the Project, and the PPA
cum PMC shall not be entitled to claim any Professional fee for the services, if any,
rendered for the Project.

vi. The responsibility for liaising with all Govt. departments/authorities responsible for
issuance of such mandatory permissions shall remain within the scope of services of
the PPA cum PMC within their contract value and no extra charges toward liaising etc.
shall be payable for the same except reimbursement of fee payable against production
of Govt. receipt /challans in respect of deposits made with the competent authorities, if
any.

vii. Preparation of detailed/concept design of all internal and external services such as
electrical, AC, plumbing, water supply, lifts, fire-fighting / horticulture, EPABX /
Networking, Building Management System, etc. All drawings will have to be prepared

Signature with seal of the Bidder Page 18 of 80


to the specified scale in three colour copies and editable soft copies in Auto CAD
format.

viii. Most of the features applicable for ‘Green building’ such as energy conservation, use
of solar and other renewable sources of energy, use of natural light to the maximum
extent etc. will have to be taken into account during planning, design, and execution
stages.

ix. Preparation of 2/3 alternatives for 3D view / elevation / its 3D presentation of Visual
Walk Through for its approval by SBI.

x. Submitting PERT CHART / Bar Chart through Project management Software (MS
Project/Primavera) incorporating all the activities required for the completion of the
project well in time.

xi. Preparation of detailed estimates, draft tenders and advising panel of contractor to SBI.

xii. Preparation of subhead-wise item-wise/ detailed estimates based on prevailing market


rate analysis, which will include preparation of rate analysis for all major items, take off
/ quantity sheets.

xiii. Preparing documents for pre-qualification and empanelment of contractor, scrutinizing


prequalification applications, submitting recommendations for prequalification of
contractor for the project after inspection of work sites/office of various shortlisted
contractors and extending all assistance to the SBI in finalizing the list of qualified
Contractorby following elaborate procedure / norms laid down as per CVC guidelines.

xiv. Assisting the Bank in selection of suitable soil consultant for site exploration,
conducting field & laboratory soil testing as per standard requirements.

xv. Preparing detailed tender documents/notices for various trades including Articles of
agreement, special conditions, general conditions of contract, specifications, bill of
quantities (BOQ), including detailed analysis of rates based on market rates, time and
progress charts, etc. and seeking approval for the same from SBI.

xvi. Calling of competitive tenders each trade-wise at appropriate time from the pre-
qualified Contractor. Required sets of tender documents will have to be prepared by
the Architect themselves at no extra cost to SBI.

xvii. Detailed scrutiny of the tender received including preparation of the comparative
statement etc. and submission of recommendations for acceptance or otherwise, of the
tender of successful bidder /contractor, placing of work order etc.

xviii. Preparation and issuance of 3 sets of detailed Good for Construction/ Interior drawings
to the Contractor well-in-advance so that work is not held up at any point of time for
want of the drawings / details. Additional 2 sets of such drawings will have to be issued
to SBI for its records.

Signature with seal of the Bidder Page 19 of 80


xix. Complete role of Project Management Consultant (PMC) will also be played by
Principal Project Architect to ensure both qualitative and quantitative aspects of the
project and would include day to day supervision of work through a team of various
experienced Engineers led by a Project Manager to be posted at the site (within the
professional fee mutually agreed only) and who will be overall responsible for
smooth and timely completion of all works within the agreed time schedule without cost
overruns barring exceptional circumstances beyond the control of the Architect.

xx. The PMC work will broadly include quality control during execution of project recording
of measurements, verification of running account, final bills of contractors, finalization
of accounts, extra / deviated items, rate analysis, maintaining various registers as per
CVC / Bank’s guidelines at site, preparation of bar chart, CPM networks and its
updating for monitoring progress etc. The collection of samples of various materials
being used at the site and arranging for its testing through approved laboratories /
institutes will have to be done and proper record / registers need to be maintained at
site.

xxi. Ensuring day to day supervision of works, recording measurements, ensuring daily
check on quality and specifications of the work being executed, ensuring on site /
laboratory testing of materials as per contractual provisions and maintaining record
thereof, ensuring compliance with all other standards etc. by deploying at least 2 full
time qualified Site Engineers (engineering graduate of civil & electrical branch with
minimum 5 year site experience) for all works and services at their own cost within the
fee payable.

xxii. Conducting thorough scrutiny and certification of contractor’s bills including on site
verification of 100% measurement for its correctness besides certifying execution of
quality work strictly as per tender specifications, issuing periodical recommendations
and certificates for payments to enable SBI to make payments to the contractor and
adjustments of all accounts between the contractor and the SBI.

xxiii. The PPA cum PMC shall assume full responsibility for all measurements certified by
them. It shall be mandatory on the part of the PPA cum PMC to check the
measurements of various items to the extent of 100% of each item of work claimed, in
each running bill.

xxiv. The effective communication between various agencies / vendors contractors will have
to be ensured by the PPA cum PMC. The problems / hindrances / bottlenecks need to
be sorted out / removed by arranging site meetings of all concerned including SBI and
record of such meetings, decisions taken etc. need to be maintained in a chronological
manner kept in a separate register.

xxv. During the defect liability period carrying out periodical inspection along with
representatives of SBI and the contractor, preparation of defects list and arrange for its
rectification from contractor.

Signature with seal of the Bidder Page 20 of 80


xxvi. Preparation of ‘As Built’ drawings including those for all services and 2 sets of such
drawings to be laminated and in the form of a CD/pen drive (soft copy) will have to be
prepared and submitted to SBI in Auto CAD format.

xxvii. The Bank’s project comes under Integrity Pact and Technical Audit by the Chief
Technical Examiner’s (CTE) Organization of Central Vigilance Commission. The PPA
cum PMC will assist the Bank in submission of reply to CTE’s queries, if any and
compliance of their observations.

xxviii. PPA cum PMC shall perform all the services and discharge the obligations with due
diligence, efficiency and economy in accordance with the generally accepted
professional standards and practices.

xxix. The PPA cum PMC shall act as faithful advisor and shall at all time support and
safeguard legitimate interests of the SBI.

xxx. The PPA cum PMC shall not accept any commission, discount etc. in connection with
the activities to benefit himself.

xxxi. All the activities mentioned in the scope of work shall be carried out in consultation with
and approval of SBI team.

xxxii. The PPA cum PMC shall assist the SBI in sending suitable replies to queries raised by
Chief Technical Examiners (CTEs) and Independent External Monitors (IEMs).

xxxiii. The list of duties mentioned above is only indicative and the PPA cum PMC will have to
assume full responsibility for timely completion of the project both qualitatively and
quantitatively as per accepted contract conditions in the best possible workman like
manner in all respects till its occupation within the agreed time schedule and cost by
following laid down norms / procedure of SBI and guidelines of CVC in an open and
transparent manner to the satisfaction of the Bank and towards achieving this goal
whatever is required to be done will have to be arranged by the consulting firm with the
approval of SBI.

POWERS TO VARY OR OMIT WORK:

i. No alterations, amendments, omissions, additions, suspensions or variations of the


work (hereinafter referred to as variation) under the contract shall be made by the successful
Bidder except as directed in writing by Bank. The Bank shall have full powers, subject to the
provision herein after contained, from time to time during the execution of the contract, by
notice in writing to instruct the successful Bidder to make any variation without prejudice to
the contract. The finally selected Bidder shall carry out such variation and be bound by the
same conditions as far as applicable as though the said variations occurred in the contract
documents. If any, suggested variations would, in the opinion of the finally selected Bidder, if
carried out, prevent him from fulfilling any of his obligations under the contract, he shall notify
Bank thereof in writing with reasons for holding such opinion and Bank shall instruct the
successful Bidder to make such other modified variation without prejudice to the contract.

Signature with seal of the Bidder Page 21 of 80


The finally selected Bidder shall carry out such variation and be bound by the same
conditions as far as applicable as though the said variations occurred in the contract
documents. If the Bank confirms its instructions, the successful Bidder’s obligations shall be
modified to such an extent as may be mutually agreed, if such variation involves extra cost.
Any agreed difference in cost occasioned by such variation shall be added to or deducted
from the contract price as the case may be.

ii. In any case in which the successful Bidder has received instructions from the Bank
as to the requirements for carrying out the altered or additional substituted work which either
then or later on, will in the opinion of the finally selected Bidders, involve a claim for
additional payments, such additional payments shall be mutually agreed in line with the
terms and conditions of the order.

iii. If any change in the work is likely to result in reduction in cost, the parties shall agree
in writing so as to the extent of change in contract price, before the finally selected Bidder(s)
proceeds with the change.

WAIVER OF RIGHTS:

Each Party agrees that any delay or omission on the part of the other Party to exercise any
right, power or remedy under this RFP will not automatically operate as a waiver of such
right, power or remedy or any other right, power or remedy and no waiver will be effective
unless it is in writing and signed by the waiving Party. Further the waiver or the single or
partial exercise of any right, power or remedy by either Party hereunder on one occasion will
not be construed as a bar to a waiver of any successive or other right, power or remedy on
any other occasion.

CONTRACT AMENDMENT:

No variation in or modification of the terms of the Contract shall be made, except by written
amendment, signed by the parties.

BANK’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

The Bank reserves the right to accept or reject any Bid in part or in full or to cancel the
bidding process and reject all Bids at any time prior to contract award as specified in Award
Criteria and Award of Contract, without incurring any liability to the affected Bidder or
Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the
Bank’s action.

BANK GUARANTEE:
i. Performance security in form of Bank Guarantee [BG] for the amount with validity
period as specified in this RFP strictly on the format approved by the Bank is to be submitted
by the finally selected Bidder (s), if requested by the Bank. The BG has to be issued by a
Scheduled Commercial Bank other than SBI and needs to be submitted within the specified
time of receipt of formal communication from the Bank about their Bid finally selected. In
case, SBI is the sole Banker for the Bidder, a Letter of Comfort from SBI may be accepted.

Signature with seal of the Bidder Page 22 of 80


ii. The Bank Guarantee is required to protect the interest of the Bank against the
risk of non-performance of Service Provider in respect of successful implementation
of the project and/or failing to perform / fulfil its commitments / obligations in respect
of providing Services as mentioned in this RFP; or breach of any terms and
conditions of the RFP, which may warrant the invoking of Bank Guarantee.

19. i) Letter of Intent:


Within the validity period specified in this Tender document, the SBI shall issue a
letter of intent (LOI) to the selected PPA cum PMC by registered post at their
addressor through their registered email ID as given in the bid documents to enter
into an Agreement in the Bank’s prescribed format for taking up the project as PPA
cum PMC. The letter of Intent shall constitute a binding contract between the SBI and
the PPA cum PMC (the Contract).

ii) Contract Agreement:


On receipt of LOI from the SBI the selected PPA cum PMC shall, within fifteen days,
arrange to execute an agreement with the Bank in the prescribed format on non-
judicial stamp paper of appropriate value.

20. Assignment and subletting


The PPA cum PMC shall not directly or indirectly entrust, engage, transfer, assign or
underlet the Contract or any part or share thereof or interest therein to any other
Architects without the prior written permission of SBI and any such permitted
assignment / transfer shall not relieve thePPA cum PMCfrom their responsibility of
active & superintendence of the work during its progress. Wherever, the in-house
expertise is not available with the Principal Architects, they shall engage professionally
qualified Consultants for Structural / Electrical / Lifts / Firefighting / HVAC and other
similar specialized professional service required for the project within the approved
professional Fee as per agreement. However, responsibility in all matters pertaining to
the project shall remain with PPA cum PMC.

21. No compensation on restrictions of work


The SBI shall be at liberty to abandon or reduce the scope of professional services of
the PPA cum PMC for the reasons whatsoever including unsatisfactory performance or
inordinate delay in rendering professional services in the project. In such an
eventuality, the Architect shall have no right to claim any payment/ compensation or
otherwise what so ever on account of any profit or advantage which he might have
derived from the execution of the work fully but which he did not derive in
consequence of the foreclosure of the whole or part of the work.Nothing herein above
shall affect the right of SBI to recover damages from the PPA cum PMC for the loss, if
any, caused to SBI on account of their failure to deliver the Services or unsatisfactory
performance or inordinate delay in rendering the Services or failure to
discharge/perform responsibilities under the Contract awarded to them.

CONFLICT OF INTEREST:

Signature with seal of the Bidder Page 23 of 80


i. Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the
bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the
event of disqualification, the Bank shall be entitled to forfeit and appropriate the Bid Security
and/or Performance Security (Bank Guarantee), as the case may be, as mutually agreed
upon genuine estimated loss and damage likely to be suffered and incurred by the Bank and
not by way of penalty for, inter alia, the time, cost and effort of the Bank, including
consideration of such Bidder’s proposal (the “Damages”), without prejudice to any other right
or remedy that may be available to the Bank under the bidding Documents and/ or the
Agreement or otherwise. It is further clarified that:

(a) Bidder shall not receive any remuneration in connection with the assignment except
as provided in the Contract.
(b) Bidder shall provide professional, objective and impartial advice and at all times hold
the Bank’s interests paramount, strictly avoiding conflicts with other assignment(s)/job(s) or
their own corporate interests, and act without any expectation/ consideration for award of
any future assignment(s) from the Bank. Bidder shall avoid any conflict of interest while
discharging contractual obligations and bring, before-hand, any possible instance of conflict
of interest to the knowledge of the Bank, while rendering Services under the Agreement.
ii. Without limiting the generality of the above, a Bidder shall be deemed to have a
Conflict of Interest affecting the bidding Process, if:

(a) the Bidder, its Member or Associate (or any constituent thereof) and any other
Bidder, its Member or any Associate thereof (or any constituent thereof) have common
controlling shareholders or other ownership interest; provided that this disqualification shall
not apply in cases where the direct or indirect shareholding of a Bidder, its Member or an
Associate thereof (or any shareholder thereof having a shareholding of more than 5% (five
per cent) of the paid up and subscribed share capital of such Bidder, Member or Associate,
as the case may be) in the other Bidder, its Member or Associate, has less than 5% (five per
cent) of the subscribed and paid up equity share capital thereof; provided further that this
disqualification shall not apply to any ownership by a bank, insurance company, pension
fund or a public financial institution referred to in section 2(72) of the Companies Act, 2013.
For the purposes of this Clause, indirect shareholding held through one or more intermediate
persons shall be computed as follows: (aa) where any intermediary is controlled by a person
through management control or otherwise, the entire shareholding held by such controlled
intermediary in any other person (the “Subject Person”) shall be taken into account for
computing the shareholding of such controlling person in the Subject Person; and (bb)
subject always to sub-clause (aa) above, where a person does not exercise control over an
intermediary, which has shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be undertaken on a proportionate
basis; provided, however, that no such shareholding shall be reckoned under this sub-clause
(bb) if the shareholding of such person in the intermediary is less than 26% of the subscribed
and paid up equity shareholding of such intermediary; or
(b) a constituent of such Bidder is also a constituent of another Bidder; or
(c) such Bidder, its Member or any Associate thereof receives or has received any
direct or indirect subsidy, grant, concessional loan or subordinated debt from any other

Signature with seal of the Bidder Page 24 of 80


Bidder, its Member or Associate, or has provided any such subsidy, grant, concessional loan
or subordinated debt to any other Bidder, its Member or any Associate thereof; or
(d) such Bidder has the same legal representative for purposes of this Bid as any other
Bidder; or
(e) such Bidder, or any Associate thereof, has a relationship with another Bidder, or any
Associate thereof, directly or through common third party/ parties, that puts either or both of
them in a position to have access to each other’s information about, or to influence the Bid of
either or each other; or
(f) there is a conflict among the proposed project and other consulting assignments of
the Bidder (including its personnel and Sub-consultant) and any subsidiaries or entities
controlled by such Bidder or having common controlling shareholders. The duties of the
Bidder will depend on the circumstances of each case. While providing consultancy services
to the Bank for this particular assignment, Bidder shall not take up any assignment that by its
nature will result in conflict with the present assignment; or
(g) a Bidder who has been engaged by the Bank to provide goods or works or services
for a project, and its Members or Associates, will be disqualified from providing consulting
services for the same project save and except as provided herein; conversely, a firm hired to
provide consulting services for the preparation or implementation of a project, and its
Members or Associates, will be disqualified from subsequently providing goods or works or
services related to the same project.
iii. For the purposes of this RFP, Associate means, in relation to the Bidder, a person
who controls, is controlled by, or is under the common control with such Bidder (the
“Associate”). As used in this definition, the expression “control” means, with respect to a
person which is a company or corporation, the ownership, directly or indirectly, of more than
50% (fifty per cent) of the voting shares of such person, and with respect to a person which
is not a company or corporation, the power to direct the management and policies of such
person by operation of law or by contract.

iv. A Bidder eventually appointed to provide consultancy services for this Project, and its
Associates, shall be disqualified from subsequently providing goods or works or services
related to the Project and any breach of this obligation shall be construed as Conflict of
Interest; provided that the restriction herein shall not apply after a period of 5 (five) years
from the completion of this assignment or to consulting assignments granted by the Bank at
any time; provided further that this restriction shall not apply to consultancy/ advisory
services performed for the Bank in continuation of this Consultancy or to any subsequent
consultancy/ advisory services performed for the Bank in accordance with the respective
RFP or proposals.

22. Fraud & Corrupt Practices


22.1. The Architects / Bidders and their respective employees, agents and advisers shall
observe the highest standard of ethics during the bidding process. Notwithstanding
anything to the contrary contained herein, the SBI shall reject the Bid / Application of
Architects / Bidderswithout being liable in any manner whatsoever to the PPA cum
PMC, if it determines that they have, directly or indirectly or through an agent, engaged
in corrupt/fraudulent/coercive/undesirable or restrictive practices in the bidding
process.

Signature with seal of the Bidder Page 25 of 80


22.2. Without prejudice to the rights of the SBI hereinabove, if anArchitect is found by the
SBI to have directly or indirectly or through an agent, engaged or indulged in any
corrupt/fraudulent/coercive/undesirable or restrictive practices during the bidding
process or during any course of the project, such PPA cum PMC shall not be eligible to
participate in any EOI/Tender issued by the SBI during the next period as decided by
the SBI.

22.3. If the PPA cum PMC to whom the Contract is awarded has been found by SBI to have
indulged in any corrupt/fraudulent/coercive/undesirable or restrictive practices as
above, SBI shall have the right to terminate without any notice the Contract awarded to
him, without being liable in any manner whatsoever to the PPA cum PMC and to also
take punitive/egal action against said Architect, including but not limited to blacklisting
him in all future dealings/tender process of SBI.
22.4. For the purposes of the above Clauses, the following terms shall have the meaning
hereinafter, respectively assigned to them:

a. “Corrupt practice” means


(i) The offering, giving, receiving, or soliciting, directly or indirectly, of anything of
value to influence the actions of any person connected with the bidding process
(for avoidance of doubt, offering of employment to or employing or engaging in
any manner whatsoever, directly or indirectly, any official of the SBI who is or has
been associated in any manner, directly or indirectly with the bidding process or
the Letter of Intent or has dealt with matters concerning the Contract Agreement
or arising there from, before or after the execution thereof, at any time prior to the
expiry of one year from the date such official resigns or retires from or otherwise
ceases to be in the service of the SBI, shall be deemed to constitute influencing
the actions of a person connected with the bidding process); or

(ii) Engaging in any manner whatsoever, whether during the bidding process or after
the issue of the Letter of Intent or after the execution of the Contract Agreement,
as the case may be, any person in respect of any matter relating to the Project or
the Letter of Intent or the Agreement, who at any time has been or is a legal,
financial or technical adviser of the SBI in relation to any matter concerning the
Project.

b. “Fraudulent practice” means a misrepresentation or omission of facts or suppression


of facts or disclosure of incomplete facts, in order to influence the bidding process.

c. “Coercive practice” means impairing or harming or threatening to impair or harm,


directly or indirectly, any person or property to influence any person’s participation or
action in the bidding process.

d. “Undesirable practice” means


(i) Establishing contact with any person connected with oremployed or engaged
by the SBI with the objective of canvassing, lobbying or in any manner
influencing or attempting to influence the bidding process; or
(ii) Having a Conflict of Interest.

Signature with seal of the Bidder Page 26 of 80


e. “Restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among PPA cum PMCs with the objective of restricting or manipulating a
full and fair competition in the Bidding Process/ Techno commercial evaluation of the
contractor.

23. Termination for Default


23.1. The SBI, without prejudice to any other remedy for breach of Contract, by a written
notice of not less than 30 (thirty) days sent to the PPA cum PMC may terminate the
Contract in whole or in part:
a. If the PPA cum PMC fails to deliver any of the Services within the period(s)
specified in the Contract, or within any extension thereof granted by the SBI; or
b. If the PPA cum PMC fails to perform any other obligation(s) under the contract;
or
c. Laxity in adherence to standards laid down by the SBI; or
d. Discrepancies/deviations in the agreed processes or
e. Violations of terms and conditions stipulated in this Tender.
f. If the PPA cum PMC fails to procure mandatory permissions from the various
local authorities within a reasonable time not exceeding 6 months and renewal
of existing permissions from the respective local authorities within 45 days from
the date of receipt approval of sketch scheme plans/instructions from the SBI to
do so.
g. If the PPA cum PMC fails to open their office locally at Pune / Mumbai within
the time line specified in this Tender.

23.2. In case of termination under sub-clause mentioned above, the APMCF shall not be
entitled to fees or compensation except the fees payable to them for the work actually
done and as per the provisions in this agreement subject to a nominal deduction of
10% of the fees payable against unfinished / balance work to them being recovered to
cover the expenses (to some extent) required to be incurred by SBI for engaging
services of another APMCF for carrying out remaining / balance work. In such cases
the decision of SBI as to what is the work actually done and what is the amount of the
fees due to the APMCF on the basis of actual and as per the provision in this
agreement shall be final and binding on the APMCF.

23.3. In the event the SBI terminates the Contract in whole or in part for the breaches
attributable to the PPA cum PMC, the SBI may engage, upon such terms and in such
manner as it deems appropriate, Services similar to those undelivered, at the cost of
PPA cum PMC and shall be liable to the SBI for any increase in cost for such similar
Services. However, the PPA cum PMC shall continue to provide all their professional
services to the extent same are not terminated as per agreement

23.4. If the contract is terminated under any termination clause, the PPA cum PMC shall
handover all design documents/ executable/ SBI’s data or any other relevant
information to the SBI in timely manner and in proper format/soft copies as well as hard
copies as per scope and shall also support the orderly transition to another PPA cum
PMC or to the SBI as decided by the SBI.

23.5. During the transition, the PPA cum PMC shall also support the SBI on technical
queries/support on process implementation.

Signature with seal of the Bidder Page 27 of 80


23.6. The SBI’s right to terminate the Contract will be in addition to the penalties and other
actions as deemed fit.

23.7. In the event of failure of PPA cum PMC to render the Services or in the event of
termination of Contract or expiry of term or otherwise, without prejudice to any other
right, the SBI at its sole discretion may make alternate arrangement for getting the
Services contracted with another Architects as new PPA cum PMC. In such case, the
SBI shall give prior notice to the existing PPA cum PMC. The existing PPA cum PMC
shall continue to provide services as per the terms of Contract until a ‘New PPA cum
PMC completely takes over the work. During the transition phase, the existing PPA
cum PMC shall render all reasonable assistance to the new PPA cum PMC within such
period prescribed by the SBI, at no additional cost to the SBI, for ensuring smooth
switch over and continuity of services.

23.8. Nothing hereinabove shall affect the right of the Bank to recover damages from the
PPA cum PMC for loss, if any, caused to the Bank on account of failure of PPA cum
PMC to deliver the Services or unsatisfactory performance or inordinate delay on the
part of PPA cum PMC in rendering the Services or failure of PPA cum PMC to
discharge/perform the responsibilities under the Contract awarded to them.

23.9. In the opinion of SBI, if any delay in execution is attributable to the fault of the APMCF,
SBI shall be entitled to recover liquidated damages at the rate of 0.5% of the total fees
per week (7 days) of delay. Total recoveries on account of delays and / or any other
loss or damage caused to the Bank due to defective / faulty supervision on part of
APMCF shall be limited to maximum of 10% of total fees payable to APMCF on entire
actual work, for which the APMCF services are availed by SBI. The decision of SBI in
this matter after giving due hearing to the APMCF’s arguments, shall be final and
binding on the APMCF.

24. Force Majeure


24.1. Neither contractor nor SBI shall be considered in default in performance of their
obligations if such performance is prevented or delayed by events such as war,
hostilities revolution, riots, civil commotion, strikes, lockout, conflagrations, epidemics,
accidents, fire, storms, floods, droughts, earthquakes or ordinances or any act of God
or for any other cause beyond the reasonable control of the party affected or prevented
or delayed. However, a notice is required to be given within 30 days from the
happening of the event with complete details, to the other party to the contract, if it is
not possible to serve a notice, within the shortest possible period without delay.

24.2. As soon as the cause of force majeure has been removed the party whose ability to
perform its obligations has been affected, shall notify the other of such cessation and
the actual delay incurred in such affected activity adducing necessary evidence in
support thereof.

24.3. From the date of occurrence of a case of force majeure obligations of the party affected
shall be suspended during the continuance of any inability so caused. With the cause
itself and inability resulting there from having been removed, the agreed time of

Signature with seal of the Bidder Page 28 of 80


completion of the respective obligations under this agreement shall stand extended by
a period equal to the period of delay occasioned by such events.

24.4. Should one or both parties be prevented from fulfilling the contractual obligations by a
state of force majeure lasting to a period of 6 months or more the two parties shall
mutually decide regarding the future execution of this agreement.

25. Termination for Insolvency


The SBI may, at any time, terminate the Contract by giving written notice to the PPA
cum PMC, if the Architects becomes Bankrupt or insolvent or any application for
Bankruptcy, insolvency or winding up has been filed against it by any person. In this
event, termination will be without compensation to the PPA cum PMC,provided that
such termination will not prejudice or affect any right of action or remedy, which has
accrued or will accrue thereafter to the SBI.

26. Termination for Convenience


The SBI, by written notice of not less than 30 (Thirty) days sent to the PPA cum PMC,
may terminate the Contract, in whole or in part, at any time for its convenience. The
notice of termination shall specify that termination is for the SBI’s convenience, the
extent to which performance of the PPA cum PMCunder the Contract is terminated,
and the date upon which such termination becomes effective.In the event of
termination of the Contract by SBI as above, the PPA cum PMC shall not be entitled for
any compensation. However, Professional Fee, if any, due and payable, to the extent
of the Services rendered by the PPA cum PMC up to the date of termination shall be
settled as per provisions contained in the standard agreement for the purpose

DISPUTES / ARBITRATION (APPLICABLE IN CASE OF SUCCESSFUL BIDDER


ONLY):

All disputes or differences whatsoever arising between the parties out of or in


connection with the Contract (including dispute concerning interpretation) or in
discharge of any obligation arising out of the Contract (whether during the progress of
work or after completion of such work and whether before or after the termination of the
Contract, abandonment or breach of the Contract), shall be settled amicably. If
however, the parties are not able to solve them amicably within 30 (thirty) days after
dispute occurs as evidenced through the first written communication from any Party
notifying the other regarding the disputes, either party (SBI or PPA cum PMC), give
written notice to other party clearly setting out there in specific dispute(s) and/or
difference(s) and shall be referred to a sole arbitrator mutually agreed upon, and the
award made in pursuance thereof shall be binding on the parties. In the absence of
consensus about the single arbitrator, the dispute may be referred to an arbitration
panel; one to be nominated by each party and the said arbitrators shall nominate a
presiding arbitrator, before commencing the arbitration proceedings. The arbitration
shall be settled in accordance with the applicable Indian Laws and arbitration
proceeding shall be conducted in accordance with Arbitration and Conciliation Act 1996
and any amendment thereto. Any appeal will be subject to the exclusive jurisdiction of
courts at Mumbai.

Signature with seal of the Bidder Page 29 of 80


i. PPA cum PMC shall continue work under the Contract during the arbitration
proceedings unless otherwise directed by the Bank or unless the matter is such that
the work cannot possibly be continued until the decision of the arbitrator is obtained.
ii. Arbitration proceeding shall be held at Mumbai, India, and the language of the
arbitration proceedings and that of all documents and communications between the
parties shall be in English.
iii. Any dispute and items of disagreement arising between the Architects and the Bank
shall be referred to the Chief General Manager or in his absence, the General Manager
of concerned network of SBI (the Bank) and his decision on those matters will be final
and binding on the Architects and the Bank as well.
iv. If any dispute, difference, or question shall at any time arise between the Architects
and the Employer as to the interpretation of the contract or concerning anything herein
contained or arising out of the contract except that stated above or as to the rights,
liabilities and duties of the said parties hereunder, or as to the execution of the said
works, except in respect of the matters for which it is provided herein, that the decision
of the Employer is final and binding, the same shall be referred to the Arbitration for
settlement of disputes and final decision of the arbitrator to be agreed upon and
appointed by both the parties.
v. For the purpose of appointing the (……….) based sole Arbitrator referred to above, the
Appointing Authority i.e. the Chief General Manager of (……..was local Head Office) of
the Bank or on his behalf the Asst. General Manager (Premises),(…………)Local Head
Office will send within thirty days of receipt by him of the written notice aforesaid to the
Architects a panel of three names of technically competent persons not below the rank
of Superintending Engineer or equivalent position in Public Sector Banks / CPSEs,
CPWD, LIC, RBI etc.
vi. The Architects shall on receipt by them of the names of aforesaid, select any one of the
persons named to be appointed as a sole Arbitrator and communicate his name to the
Appointing Authority who shall thereupon without any delay appoint the said person as
the sole Arbitrator. If the Architects fail to communicate such selective as provided
above within the period Specified, the Appointing Authority shall make the selection
and appoint the selected person as the sole Arbitrator.
vii. If the Appointing Authority fails to send to the Architects the panel of three names as
aforesaid within the period specified, the Architects shall send to the Appointing
Authority a panel of three names of technically competent persons not below the rank
of Superintending Engineer or equivalent position in Public Sector Banks / CPSEs,
CPWD, LIC, RBI etc. The Appointing Authority shall on receipt of the names of the
aforesaid persons and appoint his as the sole Arbitrator within 30 days of receipt by
him of the panel and inform the Architects accordingly. If the Appointing Authority fails
to do so, the Architects shall be entitled to appoint one of the three persons from the
panel as the sole Arbitrator and communicate his name to the Appointing Authority.
viii. If the Arbitrator so appointed is unable or unwilling to act or resigns his appointment of
vacates his office due to any reason whatsoever another sole Arbitrator shall be
appointed as aforesaid.
ix. The work under the contract shall, however, continue during the Arbitration
proceedings. No payment due or payable to the Architects shall be with-held on

Signature with seal of the Bidder Page 30 of 80


account of such proceedings except the disputed payment of fees on account of other
provisions in this agreement.
x. The Arbitrator shall be deemed to have entered on the reference on the date he issues
notice to both the parties fixing the date of the first hearing.
xi. The Arbitrator may from time to time, with the consent of the parties, enlarge the time
for making and publishing the award.
xii. The Arbitrator shall give a separate award in respect of each dispute or difference
referred to him. The Arbitrator shall decide each dispute in accordance with the terms
of the contract and give a reasoned award. The venue of Arbitration shall be such
place as may be fixed by the Arbitrator in his sole discretion.
xiii. The fees, if any, of the Arbitrator shall, if required to be paid before the award is made
and published, be paid half and half by each of the parties. The costs of the reference
and of the award including the fees, if any of the Arbitrator, who may direct to and by
whom and in what manner, such costs or any part hereof shall be paid, may fix or
settle the amount of costs to be paid.

27. Governing Language


The governing language shall be English.

APPLICABLE LAW:
The Contract shall be interpreted in accordance with the laws of the Union of India and
shall be subjected to the exclusive jurisdiction of courts at Mumbai.

28. Taxes and Duties


28.1. The PPA cum PMC shall be liable to pay all corporate taxes and income tax that shall
be levied according to the laws and regulations applicable from time to time in India
and the price Bid by the PPA cum PMCshall include all such taxes (excluding GST) in
the approved professional Fee.
28.2. Price Bid quoted should be inclusive of all Central / State Government taxes/duties and
levies but exclusive of GST.
28.3. Fee payable to the PPA cum PMCas stated in the Agreement shall be firm and not
subject to adjustment during execution of the Project, irrespective of reasons
whatsoever, including exchange rate fluctuations etc.
28.4. All expenses, stamp duty and other charges/ expenses in connection with the
execution ofthe Agreement as a result of this process shall be borne by the PPA cum
PMC.

29. Tax deduction at Source


29.1. Wherever laws and regulations that require deduction of such taxes at the source of
payment, the SBI shall affect such deductions from the payment due to the PPA cum
PMC. The remittance of amounts so deducted and issuance of certificate for such
deductions shall be made by the SBI as per the laws and regulations for the time being
in force. Nothing in the Contract shall relieve the PPA cum PMCfrom his responsibility
to pay any tax that may be levied in India on income and profits made by the PPA cum
PMCin respect of this contract.

Signature with seal of the Bidder Page 31 of 80


29.2. ThePPA cum PMCsstaff, personnel and labour will be liable to pay personal income
taxes in India in respect of such of their salaries and wages as are chargeable under
the laws and regulations for the time being in force, and the PPA cum PMCshall
perform such duties in regard to such deductions thereof as may be imposed on him by
such laws and regulations.

30. Notices
Any notice given by one party to the other pursuant to this contract shall be sent to
other party in writing/ scanned and confirmed in writing/scanned to other Party’s
address. The notice shall be effective when delivered or on the notice’s effective date
whichever is later.

31. Compliance with Laws


It shall be the sole responsibility of PPA cum PMCto comply with the provisions of all
the applicable laws, concerning or in relation to rendering of Services by PPA cum
PMCas envisaged under this.

PPA cum PMCshall also procure and maintain all necessary licenses, permissions,
approvals from the relevant authorities through contractor, if necessary, under the
applicable laws towards its Services throughout the currency of the Contract.
The PPA cum PMCwould indemnify/make good for thelosses to the SBI for non-
compliance or any claims against the SBI arising out of any non-compliance as above.

32. Non-Hire and Non-Solicitation


During the term of the Contract and for a period of one year thereafter, neither party
shall (either directly or indirectly through a third party) employ, solicit to employ, cause
to be solicited for the purpose of employment or offer employment to any employee/s
or sub-contractor/s of the other party, or aid any third person to do so, without the
specific written consent of the other party.

33. No Employee-Employer relationship


The persons deployed/engaged by the PPA cum PMC for rendering the Services under
the Contract shall be the employees of PPA cum PMC for all intents and purposes and
that the persons so deployed shall remain under the control and administration of the
PPA cum PMC and in no case, a relationship of employer and employee between the
said employee and SBI shall accrue/ arise implicitly or explicitly.
The personnel so employed by the PPA cum PMC for rendering the Services under the
Contract shall have no right to employment against any post of SBI.

Signed as token of acceptance

Signature of PPA cum PMC with seal Date: Place:

Signature with seal of the Bidder Page 32 of 80


ANNEXURE-A
DRAFT FORMAT FOR AGREEMENT BETWEEN THE BANK AND
ARCHITECTS/PPA cum PMC
(* The PPA cum PMC has to execute the Agreement finalized by SBI at the time of award of
the Contract)

STATE BANK OF INDIA


PREMISES&ESTATE DEPARTMENT
AND
M/s.

TOWARDS ARCHITECTURAL AND PROJECT MANAGEMENT


SERVICESFORPROPOSED INTERIOR WORKS FOR ESTABLISHMENT OF
BANK’S LOCAL HEAD OFFICE IN PUNE, MAHARASHTRA

Articles of Agreement made at Mumbai on this …... day of .…………. two thousand and
Twenty Two between State Bank of India, a Corporate body incorporated under the State
Bank of India Act. 1955 and having its Corporate Office at State Bank Bhavan, Madam
Cama Road, Mumbai-400021 hereinafter called the SBI (which expression shall unless it be
repugnant to the context of meaning thereof be deemed to mean and include the successors
and assigners) of the one part

AND

M/s
Proprietary/partnership firm and having its office at
(hereinafter called ‘the ARCHITECTURAL & PROJECT MANAGEMENT CONSULTANCY
FIRM (APMCF) which expression shall include the present partners and also the partners
from time to time as also their respective heirs, legal representatives, administrators and
assigns of the other part.

Whereas the Bank intends to carry-out Interior works for establishment of its Local
Head Office as described above at Pune (Maharashtra), India and for the purpose, the
intending APMCF were advised to submit applications in response to the Notice released on
Bank’s website on dt: along with technical/ price bid, terms and conditions of
appointment etc and brief notice in the newspapers dated .............................

Whereas based on the design competition and subsequent techno commercial


evaluation, M/s. .......................................................................... were selected as
ARCHITECTURAL & PROJECT MANAGEMENT CONSULTANCY firm (APMCF) at their
quoted professional fees of ...............% (.......................percentage) of the actual project
cost or the estimated cost (whichever is lower) plus applicable service tax/GST at actual and
their Scope of services mentioned in their technical bid and price bid is enclosed as
Annexure-I.
Whereas an offer of appointment made to APMCF vide Bank’s letter No.
dated has been duly accepted by APMCF which is enclosed as Annexure-II.

Whereas the scope of the services to be rendered by the APMCF has been
explained in the technical bid (Annexure-I) under the heading Roles and Responsibilities.

Signature with seal of the Bidder Page 33 of 80


Whereas in terms of technical bid, a detailed agreement is to be executed between
the Bank and APMCF and now this agreement witnessed as follows:-

1. The APMCF shall render the following services in connection with and in regard to
the said works:

(a) Requirements and Preparation of Preliminary drawings : Preparing sketch


designs with alternative schemes (including carrying out necessary revisions till
the sketch designs are finally approved by SBI) based on the designs/ plans/
proposals submitted in the design competition, making approximate project cost
estimates i.e. block estimate based onbuilt up area x plinth area rate per Sft and
preparing reports on merits of the scheme, high lighting the points such as
permissible FSI, likely type of foundation required, structural design provisions to
be made, planning norms/ development rules of the statutory authorities from
whom the plans have to be got cleared and / or any other approvals / clearances
to be obtained before commencement of work and how the same are met in the
proposed layout, permissible and recommended basement areas and purpose,
adequacy of available water sources for drinking, flushing adequacy of electric
sources for lighting and Air-conditioning and other purposes, any alternative
arrangements required to be made for water and electricity, type of drainage
system, water storage and distribution arrangements, compound development,
landscaping and adopting features and principles for Green buildings so that these
become energy efficient with minimum use of scarce materials etc. and all
incidentals and connected aspects thereto so as to enable SBI to take a decision
on the sketch designs and scheme as a whole. Most of the features applicable for
‘Green building’ such as energy conservation, use of solar and other renewable
sources of energy, recycling of waste water, rain water harvesting, use of natural
light to the maximum extent etc. will have to be taken into account during planning,
design, and execution stages so that if SBI desires, the Building can be rated as
Green building Platinum standard'.

(b) Submission of Drawings to Statutory Authorities: After approval of the plans


by SBI, the APMCF shall submit the required drawings to the local Municipal
Corporation or any other local & State / Central Govt. authority etc. and obtain
its/their approvals.

2. Preparation of Detailed Structural, ARCHITECTURAL and Services drawings


and Estimates : APMCF should submit the proposal for approval of the plans by the
Municipal Corporation/MIDC or any other local / Govt. authority or any other authority
empowered to approve under law / rules & regulations in force is processed, follow it
up for its clearance, simultaneously and the APMCF shall prepare detailed
ARCHITECTURAL, working drawings, making design calculations and drawings for
foundation and other structural work of the building, making designs and drawings for
normal sanitary, water supply and electrical services and also for any special
installations like sewage treatment plant, fire fighting, telephone, public address
system, computer installations, interior decoration, site preparation work etc.(as may
be included/required by SBI in the ARCHITECTURAL services) meticulously working
out technical specifications, bills of quantities and detailed cost estimates after
briefing and discussing the amenities and finishes being proposed broadly with SBI.
While the APMCF would be given full scope to make suggestions in the best interest
of the said works, the APMCF shall amend / change the same suitably if so desired
by SBI. The APMCF shall be responsible for inclusion of each and every item of the
works/specifications required for completion of the project and the correctness of the
quantities so as to ensure that variations are not beyond 5% on either side between

Signature with seal of the Bidder Page 34 of 80


actual quantities and the estimated quantities, as well as sanctioned project cost and
actual cost in exceptional/rare cases.. The APMCF shall get all these detailed
drawings and cost estimates approved by SBI after making necessary changes/
amendment etc. if so, desired by SBI.

3. Preparation and Award of Tender : Drawing up detailed tender documents for the
various trades, complete with the Articles of the agreement, general, special and any
other conditions of contracts, specifications, drawings, schedules of quantities, the
SBI’s standard PVA clauses, lists of various tests to be conducted by the contractors
or got done through laboratories for materials, works at site etc., theoretical /
standard cement, steel consumption for various items of works, various insurance
covers required, time and progress charts and any other material necessary for
completing the tender documents and getting them approved by SBI.

Assisting SBI in preparing select list of contractors i.e. short listing of contractors after
scrutinizing the applications received in response to the press notice for pre-
qualification of contractors and inspection of some of the works done by them with
the approval of SBI. Assisting SBI inviting the tenders for various trades, preparing
comparative statements and submitting the assessment reports and
recommendations thereon to the SBI, assist SBI to conduct negotiations with the
tenderers wherever necessary and after SBI’s decision on the tenders and assigning
if required, getting those executed between the concerned contractors and SBI
including program of work within the stipulated time frame.
It is clearly under stood that SBI shall at its absolute discretion may involve services
of any site Engineer for day to day supervision and ensuring that the said works are
being executed as per the plans and designs and specifications prepared by the
APMCF and provided for in the contract agreement with the selected/ appointed
contractors for the various disciplines of the said works, monitoring of the project,
checking the materials/ works, getting various tests for materials and works done,
correct measurements of the works, initial scrutiny of the contractor bills at site and
making the recommendations to the APMCF. The Bank will be involving the said
SITE Engineer in the project right from the beginning of the project i.e. from the
stages of soil exploration, prequalification of the contractors as the Bank’s agency to
remain fully associated with the project and day to day work.
The APMCF shall not whatsoever reason object to the said appointment of the site
Engineer for monitoring of the project at the site and assisting the Bank in scrutiny of
the recommendations, reports, plans, estimates etc. received from the APMCF with a
view to decisions in the matters at the Bank’s end. It is expected that the APMCF and
site Engineer will work jointly as a team in good spirit with a view to getting the said
works completed in the best possible manner and efficiently.

4. Preparing landscape drawings: Preparation of Landscape & planting of saplings,


Horticulture and external development drawings for jogging track (if any), Swimming
Pool (if any) and Recreational Features etc.

5. Preparation of Contract Documents : Preparing for the use of SBI, the contactors,
PMC / and the Site Engineer/s / Bank’s Engineer(if any appointed by SBI), required
copies the contract documents of various trades including all drawings,
specifications and other particular such further details and drawings as are necessary
for the proper execution of the said works.

6. Design and Specifications: Assuring through the structural consultant full


responsibility of correctness of structural and foundation design and design for all
services and installations and soundness of the construction according to the said

Signature with seal of the Bidder Page 35 of 80


designs and specifications. To assist SBI and provide all necessary information and
details to SBI for proofing checking of the structural design by a reputed authorities
like IITMumbai / OR AS SELECTED BY BANK/MIDC Authorities. Fees for such
services shall be paid by SBI directly.

7. Execution of the project: Assuming full responsibility of correctness of structural


and foundation design and for all services and installations and soundness of the
construction according to the said design and sections.

Assuming full responsibility for the overall supervision and proper and timely
execution of the said works by all the contractors and sub-contractors, specialists,
consultants, technical advisor etc. that may be engaged from time to time as defined
in the conditions of engagement referred below by following up the matter closely.
Appointment of the site Engineer by the Bank and their presence at site and
involvement in the work shall not absolve the APMCF in any manner from those
responsibilities. The role of the site Engineer will be as an agent of the Bank
employed for austere the Bank for efficient execution of the project at site. The
APMCF will have right to oversee, differ with the site Engineer’s opinion in regard to
the quality, measurement, rates of part/substituted / extra items etc. without affecting
the Bank’s interest. However, in the event of any dispute arising out due to difference
between the opinion of the site Engineer and the APMCFs, the Bank’s decision shall
be final.

Normally, the work rejected by the Site Engineer or the rates and / or quantities
reduced by them shall not be disputed by the APMCF. However, if they differ with the
decisions of site Engineer in this regard, they have right to make
recommendations/suggestions to the Bank for the Bank’s consideration and pending
the Bank’s decisions on such points, the APMCF shall issue the interim payment
certificates as recommended by the site Engineer. On getting the Bank’s decision on
such points the APMCF can give effect to the same may be necessary in the bills to
follow thereafter. The APMCF will have, however, a right to reject the works accepted
by the site Engineer if in their opinion they are not satisfied with the quality or
execution of the same as expected by them bur by clarifying the specific reasons in
writing to do so to the Bank under a copy of the advice to the site Engineer .

Checking of measurements of works at site ,checking of bills, issuing certificates for


the payment and passing and certifying accounts so as to enable the Bank to make
payments to the contractors and making adjustments of all accounts between the
contractors and Bank. The APMCF shall assume full responsibility of the entire
project , the correctness of the payment certified by them. Time limit for verification
and certification of bills by APMCF shall be as under.(failing which the APMCF may
be penalized)
 Running bill within 15 days
 Final bill within three month
Submitting report to the Bank after verification the account of cement and other
important materials as Bank may specify and certify the quantities utilized in the
works.

The APMCF shall supervise and manage the said project in most professional and
efficient manner to further the interest of SBI and protect the same in all
circumstances and use best of their professional skills and judgment for the said
purpose. APMCF shall do all acts and things necessary to sustain the trust and
confidence reposed in it by SBI under this agreement.

Signature with seal of the Bidder Page 36 of 80


8. Monitoring and Co-ordination of the Project : Programming, planning, monitoring,
follow up action, supervision, measurement of Civil, Electrical, air-conditioning, lifts,
sanitary, water supply, fire protection, roads, site development works and any other
work required in the Project as a whole, scrutiny of bills, preparation of variation
statement, arranging various tests on materials / works, through the contractors,
arranging meetings, preparation of Minutes Of Meeting (MOM) after every site
meeting and circulating to all the concerned and follow up, maintaining various
registers and checklists as mentioned by SBI, coordination of the works of various
agencies and all other incidental works thereto.

APMCF is expected to
 improve the performance of the project components,
 effect economy in cost
 monitor, control and expedite progress with particular attention to construction
techniques, durability of permanent components, water tightness of roofs, walls,
and sanitary block etc.,
 help in improving construction quality, surveillance, technical audit and quality
control
Arranging and attending periodical and emergency joint meetings of Joint
Project Committee (JPC), consultants, contractors etc. and develop project
schedules for both management and working level use and co-ordination of the
works of the “Construction agencies” including that of with SBI’s estimates and
construction schedules.

9. Supervision of the Project: Day to day supervision and ensuring that the said
works are being executed as per the plans and designs and specification provided for
in the contract agreements with the selected / appointed contractors for various
disciplines of the said works, monitoring of the project, checking the materials /
works, getting various tests for material and works done( cost of material testing not
included in fees) , correct measurements of the works right from the beginning from
the stages of soil exploration, prequalification of the contractors as the SBI’s agency
to remain fully associated with the project and day to day work.

For the purpose of supervision and site activities, the APMCF shall employ or engage
suitably qualified and experienced engineers and overseers of adequate number at
their own cost from the project fees payable to them stated under Scale of Charges.
Without prejudice to this, the APMCF agrees that it shall deploy the following
minimum staff at the site.
 One Project-In-Charge for over all control, coordination and liaison purposes to
be stationed at the site. He shall have minimum 15 years field experience after
graduation.
 Required numbers of full time qualified Civil Engineers for proper supervision
measurements, scrutiny of the bills, testing and quantity control. Each of them
shall have a minimum of 5 years field experience.
 Minimum one Electrical Engineer to supervise electrical works. He shall have a
minimum of 5 years field experience in electrical related Electro-Mechanical
works, public address system, firefighting & pumps control etc.
 For other specialized works they may appoint such other full or part time technical
staff as may be required during the execution of those works with the consent of
the Bank..

Signature with seal of the Bidder Page 37 of 80


The above requirements are only illustrative and not exhaustive. However, more
Engineers and other categories of staff shall be deployed as may be considered
necessary by the APMCF for satisfactory management of the entire project for
satisfactory supervision and coordination. It is specifically agreed that SBI shall have
no responsibility for any staff/ officers/ Engineers/ workmen engaged by the APMCF
and the said APMCF alone shall be responsible as their Employer. They shall not be
the employees of SBI at any point of time and there shall be no employer-employee
relationship between SBI and those persons employed by APMCF for any purpose
whatsoever. The APMCF shall comply with all the Laws and Regulations regarding
employing such persons.

SBI may at its discretion and its own costemploy services of any site Engineer/s /
SBI’s Engineer on SBI’s behalf for ensuring that the said works are being executed
as per the plans and designs and specifications prepared by the APMCF and
approved by SBI and provided for in the contract agreement with the selected /
appointed contractors for various disciplines of the said works, monitoring of the
project, checking the materials / works, getting various tests for materials and works
done, correct measurements of the works, initial scrutiny of the contractors bills at
site and making the recommendations to SBI.
SBI may involve such site Engineer/s employed by it in the project right from the
beginning of the project i.e. from the stages of soil exploration, prequalification of the
contractors as the site Engineer/s to remain fully associated with the project and day
to day work.

The APMCF shall not for whatsoever reason, object to the said appointment of the
site Engineer/s by SBI for monitoring of the project at site and assisting SBI in
scrutiny of the recommendations, reports, plans, estimates etc. received from the
APMCF with a view to take decisions in the matters at SBI’s end. It is expected that
the APMCF and the site Engineer/s / SBI’s Engineer (if appointed by SBI), work
jointly as a team in good spirit with a view to getting the said works completed in best
possible manner efficiently and expeditiously.

Appointment of the site Engineer/s / SBI’s Engineer by SBI and their presence at site
and involvement in the work shall not absolve the APMCF in any manner from those
responsibilities. The role of the site / SBI’s Engineers will be as an agent of SBI
employed for assisting SBI for efficient execution of the project at Site. The APMCF
will have right to oversee, differ with the site Engineer/s opinion in regard to the
quality, measurement, rates of part/ substituted/ extra items etc. without affecting
SBI’s interest. However, in the event of any dispute arising out due to difference
between the opinion of the site Engineer/s / SBI’s Engineer and the APMCF, the
decision of SBI’s shall be final and binding on the APMCF( and the site Engineer/s /
SBI’s Engineer as well).
The APMCF shall supervise the work and also record the measurements of various
items of works and check the field working drawings like field level schedule,
placement of reinforcement etc. as per the approved drawings jointly with the
contractor or his representative.

For day to day execution and supervision of the field work, the APMCF shall employ
such strength of qualified and other staff as would enable clear control over the work
subject to the minimum staff in clause 9 herein above.

Signature with seal of the Bidder Page 38 of 80


10. Tracking of the Project: Prepare and Update the project schedule for SBI from time
to time in MS project or using equivalent tool and generate detailed working
schedules for all activities of project, including realistic activity sequences and
durations, processing of the drawings issued, identifying bottlenecks and
incorporating remedial measures to make up lost time, if any.

They shall prepare, check, monitor fortnightly and monthly programmes of work and
submit a copy thereof to the Asstt. General Manager (P&E) of SBI along with
progress reports for the previous periods highlighting delays, tracking of delay (if any)
and suggestions and implement remedial actions necessary for making up the lost
time along with technical directions and procedure wherever necessary for achieving
the same.

To check MS Project/PERT/BAR networks chart prepared by the contractors for


project programming and progress control and keep constant check on various
activities and coordinate with various agencies to get the project completed on time
and within the budgeted costs. These charts will also be updated. APMCF shall also
suggest suitable remedial actions to be taken to clear bottlenecks / delays / loss of
progress etc. progressively and promptly.

11. Checking of Measurements and Bill Certification: The certification of all the bills
shall be done by the authorized engineer of the APMCF as approved by SBI after
thorough checking of all the quantities, items and rates as per the actuals at site, as
per tender and recommendations therefore shall be made to the SBI. Issuing
certificates for payment and passing and certifying accounts so as to enable the SBI
to make payments to the contractors and making adjustments of all accounts
between the contractors and SBI.

APMCF shall recommend to the SBI, bills for the accuracy for quantity and quality of
the items of works for payments to the contractors after amending the rates claimed
by the contractors wherever necessary in their opinion. The APMCF shall assume
full responsibility of the entire project, correctness of each and every measurement
and the payment certified by them.

12. Co-ordinations required for the Project :


(a) Co-ordination with all contracting agencies

(b) APMCF shall review, audit and ensure systematic and timely supply of
drawings, estimates, and work orders as per the conditions of contract entered
into with various contractors by SBI by necessary communications in writing as
well as by holding discussion in advance with the SBI for this project. They
shall maintain daily record of receipt of plans/ designs, Transmittals and other
details as required from time to time and issue of the same to the concerned
contractors and present such documents to SBI from time to time as and when
required.

(c) The APMCF shall fully supervise the various works at the site including
scaffolding, form works etc. and ensure complete quality of the work at the site,
including materials incorporated in the work and effect measures to get the
works completed without any time and cost overrun.

Signature with seal of the Bidder Page 39 of 80


(d) APMCF shall provide constant day to day technical supervision over the interior
/ building services / installation work which are within the scope of their contract
with SBI, including recording of measurements as and when necessary scrutiny
and certification of contractor’s bills for making recommendations to SBI, review
and monitoring of materials supply, storage and utilization so as to ensure
requisition and procurement of the same on time (by the contractors) and
conforming to approved specifications and standards

(e) Ensure that the extra items / quantities of items are not executed until and
unless the same have been approved by SBI and maintain necessary site
records for the same as soon as the same is envisaged.

(f) APMCF shall also approve materials after the contractors carry out tests on the
same as stated in tender and or as per approved procedures and standards laid
down in the tender and maintain adequate records thereof. They shall maintain
genuine hindrance register, records of site meetings and issuing minutes of
meetings, recommendation of applications for time extension to the contractors,
scrutiny and recommendations for rates of extra items, scrutiny of the
contractor’s claims under PVA Clauses if any for labour and materials as
provided in the agreement and prepare quantity variations statement, ensure
quality control of materials and workmanship and detailed scrutiny / checking
for running / final bills and prepare the statement of theoretical estimated and
actual consumption of materials if any as per specification and schedules laid
down in the relevant contracts.

(g) Ensure that essential gauges, instruments are in order for testing. APMCF
shall maintain necessary site records and obtain data in support of the same.
They shall arrange to carry out field and laboratory tests through the contractor
on materials of construction as well as partially or complete erected structures
etc. if required and maintain adequate records thereof.

(h) Suggesting modifications, if any, due to site conditions and advising regarding
cost variations on account of extra items and excess quantities during the
progress of works.

(i) Rendering generally all technical services at site as may in anyway relate to or
arise out of the construction of the said works.

(j) Rendering to SBI every assistance, guidance or advice on any matter


concerning the technical aspect of the project.

13. Material Reconciliation: Submitting report to SBI after verification the account of
cement, steel and other important materials as SBI may specify.

14. Power Requirement: The APMCF will have to study the existing as well as future
power requirement / load & the same is to be arranged from the State / Central /
Local Electricity Authority / Board such as MSEDCL or any other Authority / Board
connected in the matter for which APMCF will render necessary assistance in
calculating the load using good offices etc. with concerned authorities.

Signature with seal of the Bidder Page 40 of 80


15. Appearing before Statutory Authorities:
(i) Effect coordination with the consultants, other contracting agencies and local
authorities like PMC, MIDC, Municipal Corporation etc.

(ii) Render all assistance as may be required from the project site to SBI for
obtaining necessary certificates from the local authorities from commencement
of the project till the occupation of the buildings

(iii) Replies given to CTE’s/CVO of the SBI on the project till finally accepted by the
CTE of CVC/ CVO of the SBI.

(iv) To work for amicable conciliator in the event of disputes arising between the
Contractors engaged in the project and SBI.

(v) Advise SBI with regard to extra claims or disputes, Chief Technical Examiner’s
observations, arbitration cases between SBI and the contractors, if any and
assist SBI in case of any dispute till the cases are resolved either by mutual
discussion, reconciliation or through Arbitration or Court, as the case may be.

16. Obtaining of Occupancy Certificate: Obtaining final building occupation certificate,


completion certificate from MIDC /or any other civic authorities for occupation of the
building and obtaining refund of deposits, if any, made by SBI to the MIDC/any civil
authority or any other authority. APMCF shall be also fully responsible for obtaining
all other NOCs like those of Fire, Aviation, lift and any other departments/ offices of
Govt. / Semi Govt. / Public Bodies in connection with getting approvals to the plans,
commencement of works, completion of works etc.

17. Defect Liability Period : Effect complete administration and management of


construction, supply and installation of plant & machinery, equipments, lifts,
firefighting arrangements etc. pertaining to the project contract till expiry of the
defects liability period as indicated in the building contract and tillpayment of final
dues to the contractors are made.

18. Hand Over of Certificates/Documents: On completion of the work, APMCF has to


bring all certificates connected with occupation of the building such as occupation
certificates, fire clearance certificate, electrical connection, water connection, gas
connection etc. from the different statutory authority / Board. Collect and deliver to
SBI any specific written warrantee/s or guarantee/s given by Specialist firms /
Suppliers / Manufacturers including all required trade contractors, insurance policies,
performance guarantees and warranties.

19. As Built Drawings: APMCF shall on the completion of the work, supply to SBI free
of cost two sets of 1: 100 scale drawings (one of which shall be in tracing cloth), two
complete sets of structural drawings and two sets of drawings sufficiently showing
the main lines of water and drainage pipes, electrical installation and other essential
services and also an inventory of all fittings and fixtures in the building. In addition,
APMCF shall also supply one complete set of drawings in Auto CAD and also shall
provide soft copies of drawings in pen drive or CD/DVD. APMCF shall, if so required
by SBI, supply extra copies of all such drawings and the cost of such extra copies
shall be reimbursed by SBI to the APMCF

20. Any other service connected with the said works usually and normally rendered by
APMCF and not included in any of the items referred to above.

Signature with seal of the Bidder Page 41 of 80


2. Conditions of Engagement:
a) During the preliminary stage, APMCF shall visit the site, collect all the relevant data,
take site particulars, ascertain local authority’s building bye-laws, prevailing prices for
building materials and labour wages etc. and forward the same to SBI also. APMCF
shall arrange, if required, for preparing a surveyed site plan and for necessary soil
investigations like trial bores or test pits, load bearing test or other soil tests as may
be required and submit their report to SBI. The cost of survey of site and carrying out
soil investigations, various tests shall be borne by SBI.

b) APMCF shall submit to SBI the sketch plans, detailed plans, cost estimates, tender
documents etc. within the period stipulated in the schedule.

c) APMCF shall exercise all reasonable skill, care and diligence in the discharge of
duties hereby covenanted to be performed by them and shall exercise such general
superintendence and inspection in regard to the said works as may be necessary to
ensure that the work being executed by the contractors under day to day supervision
in accordance with the Architectural working drawings and the finishes etc. In the
event of their finding out/ observing any deviations therefrom, they shall immediately
bring it to the notice of the Site Engineers/ Contractors at the site and write to the
contractors for the same. All such letters addressed to the contractors by the
APMCF shall be routed, without exception through SBI if there is any point of
difference or there is any genuine technical / administrative / contractual difficulty in
following the APMCF’s directions, APMCF should first talk to SBI before the
APMCF’s letter reach to the contractor’s office. Simultaneously, copies of all such
correspondence shall be sent to SBI by the APMCF. APMCF shall be responsible for
getting implemented / executed the project work through the appointed contractors
as per the detailed ARCHITECTURAL and structural drawings and as per the
provisions made in the accepted tender/s. APMCF is authorized by SBI to talk /
instruct / write directly to the contractors / their representatives during the progress of
the work and till settlement of the final dues of the contractor as long as those pertain
to specifications, quality, measurements, drawings, progress of the works as
provided in the respective contractors’ contract agreement. APMCF are required to
closely follow – up and keep account of the progress of the works and arrange to
solve bottlenecks if any. They are authorized to write to contractors about time lag in
the project works and suggest improvement / course of action for their consideration.
Similarly, the Contractor will be authorized to write to the APMCF about their
requirements from APMCF e.g. drawing details, clarifications, contract agreement
copies and bring to their notice the discrepancies etc. if any. APMCF shall endorse
the copies of all their correspondence with the Contractors and to SBI.
APMCF shall have right to stop bad / defective work or the work which is not as per
the tender items / drawings. APMCF will have right to ask the contractors to remove
/ demolish disapproved / rejected materials / works. Only where the contractors
disagree of the same they will refer the matter to SBI for further instructions and the
same are binding on them.
APMCF’s overall responsibility will continue during the defect liability period to see
that the contractors are persuaded to get the defects rectified. If any, removed by the
contractors and they shall give a “No Objection Certificate” at the end of the defect
liability period to the contractors.

(d) APMCF shall co-ordinate all his activities during the detailed planning and tendering
stage and shall prepare a comprehensive program of work with SBI and the
contractor’s and other consultants, if any, and arrange to have the work completed
in an expeditious manner and in accordance with the program drawn up. For this

Signature with seal of the Bidder Page 42 of 80


purpose the APMCF shall attend the weekly / fortnightly joint meetings with SBI, all
the concerned consultant, contractors / sub-contractors and prepare minutes of the
discussion / instructions at such meetings with a view to co-ordinate the work of the
various contractors / sub-contractors and avoid delays.

(e) Project Co-ordination Committee


(1) The parties hereto agree that the following shall constitute the Joint Project
Committee (hereinafter referred to as JPC) for assessing and reviewing the
progress of the work on the project and to issue instructions or directions from time
to time for being observed and followed by the APMCF and other Consultants /
Contractors engaged in the execution of the project.

(i) Assistant General Manager (P&E), SBI, who shall be the Chairman of the
Committee.

(ii) Bank’s Engineers (Civil & Electrical) in charge of this project, as may be
nominated by the AGM (P&E) as Members.

(iii) Concerned proprietor/partner/director of the APMCF and their Resident


Architects as members.

(iv) Project-in-Charge / Resident Engineer-in-Charge of the Project of APMCF as


Secretary

(2) The Secretary of the Committee may convene the meetings of SBI, APMCF and
the concerned Contractors / Consultants at such regular intervals or frequently as
may be instructed by the Chairman of the JPC and shall record and circulate to all
concerned the decisions of the JPC for implementation/ information as may be
applicable.

(3) APMCF shall keep the Chairman of the Committee informed relating to
implementation of the JPC’s decision and also the usual progress reports of the
Project work fortnightly.

(4) It is clarified that day to day supervision, programming of the works and
coordination of various activities, quality control, measuring and recording the
actual quantity of work, their correctness, ensuring that the work is being executed
as per tender specifications and drawings, pointing out of any discrepancy therein
forthwith to the contractors after taking SBI into confidence will be responsibility of
the APMCF and the APMCF will oversee all these activities and follow up with the
contractors, through their Resident Engineer at site to ensure timely and quality
work as provided in the agreement.

(f) APMCF shall not make any deviation, alteration, omission from the approved design /
plans without the written consent of SBI. APMCF shall not also undertake, execute
or carry out any variations or extra items of works in excess of Rs.25,000/- (Rupees
twenty five thousand only) or such amount as SBI may expressly authorize by
separate letter. All variations and extra items allowed within the discretion of the
APMCFs as well as costing Rs.10,000/- (Rupees ten thousand only) and above or
the amount authorized shall be referred to SBI together with the reasons for making
such deviations and by furnishing an analysis of the extra cost involved thereby. All
orders given to the contractors by the APMCF for any authorized deviations from the
contract documents shall be in writing and variations orders incorporating the rates
and quantities of extra work and omitted items of work in respect of all deviations

Signature with seal of the Bidder Page 43 of 80


shall be issued within a fortnight from the date of issue of instructions for deviations
but after getting SBI’s approval. APMCF shall on no account permit the contractors
to include cost of variations or extra items of work in the running bill or certify the
payments for such variations or extra items till the rates therefore are accepted by
SBI. In case of any additions or variations above Rs.25,000/- are carried out without
the prior approval of SBI, the SBI shall not be liable to pay the contractors for such
additions and variations and the APMCFs shall also not be entitled as a right to claim
fees for such additional or deviated items of works.

(g) APMCF’s representative at site shall remain in daily contact with the contractor and
ascertain in from them whether any excesses over sanctioned cost is anticipated and
/ or has already occurred. APMCF shall immediately report the same to SBI with
adequate justification for the same and obtain SBI’s approval thereto. Also, as and
when required, the APMCF shall also prepare a revised cost estimate for SBI’s
approval.

(h) APMCF shall, within the fees mentioned in clause 5 below, engage a qualified :- (i)
Structural Consultants / Engineer (ii) Electrical Consultants / Engineers (iii) Sanitary
and Plumbing / Public Health Consultants/ Engineer and (iv) Consultants for related
services required for installation of AC (Split / window), lifts, generators and
firefighting installations, consultants for planning & implementation of green building
initiative / concepts, landscaping, interior works etc. to assist them in their works.
The remuneration, fees of Project–In-Charge and his required assistants /
consultants / Engineers (minimum 3 engineers of required field / experience)
appointed shall be paid by the APMCF who shall also be responsible for all the work,
actions, omissions, etc. of any such Project-In-Charge and his assistants /
Consultants / Engineers.

(i) Scrutiny/ certifications /recommendations/ of the contractors’ running bills by the


APMCF and payments by SBI: APMCF shall certify the running bills of the
contractors within 15 working days from the date of receipt of the same from the
contractors. To avoid delays in payments of running bills of the contractors, the
joint measurements of the executed works by the authorized engineers of the
contractors are required to be recorded from time to time by respective engineers of
APMCF jointly with the contractor soon after execution as also arithmetic calculations
etc. are also required to be done soon thereafter and except for summary of
quantities under various items of the works, the measurement work should stand
updated so that the recommendations from the APMCF on each such running bill can
reach within 15 days to SBI. The Project-In-charge should ensure accordingly.
APMCF should ensure that the disputed / rejected works and the works not
sanctioned by SBI are not included, the quantities are not in excess of the tender
quantities unless justified suitably to the satisfaction of SBI, the rates quoted by them
are not more than the reasonable in case of partly done / substituted / extra items
and not more than tendered rates in case of completed tender items, various
recoveries / deductions from the bills are properly effected, other recoveries made up
to the last running bill in case of each contractor by SBI are ascertained from SBI and
are given effect in the running bill so as to minimize further corrections at SBI’s end,
various insurance covers are arranged by the contractors before giving certificate for
payments of the bills by SBI to the contractors. APMCF shall be responsible for the
corrections of the individual measurement, calculations etc. APMCF should also
satisfy themselves through their Project-In-Charge that there is no duplication of the
measurements and recording of the work done is under proper tender items. The
Project-In-Charge or his assistant at the site shall remain associated with the

Signature with seal of the Bidder Page 44 of 80


concerned contractors at the time of joint measurements to satisfy him about what
work is being measured and under that tender items.

(j) APMCF shall take all necessary precautions and perform all their duties before and
during the progress of the work to bring about completion of the work as may be
entrusted to them including determining claims of the contractors due to fault or delay
caused by them or their staff, on which question the decision of SBI, is final and
binding on the APMCF. APMCF shall pay SBI adequate damages for losses caused
to SBI for delay on their part in carrying out the terms of this contract. This is to
subject liability of APMCF on this account being limited to an amount equal to 10% of
total fees.

(k) If the work of construction of any one or more of the civil engineering works or other
works therein be substantially interrupted by force majeure or by reasons of any
orders in writing issued by Employer/ Bank stopping or suspending the work of
construction on grounds other than bad / unsound work or installation and / or
defective supervision or lack of it or by reason of any undue or unreasonable delay
on the part of SBI in the matter of approving of the work done or in the matter of
giving such sanction or instruction as may be necessary for the future progress of the
work, the firm shall not be liable in any way for the consequent delay in the
completion of such work .

(l) Whenever the work is examined by the Chief Technical Examiner Organization
(CTEO) of the Central Vigilance Commission / Chief Vigilance Officer (CVO) of SBI
and if they bring to the notice of SBI any defective or substandard work or any
irregular / excessive payments the APMCF shall take necessary action to get the
defect rectified and / or to recover the irregular payments. They may bring such
matters in writing to the notice of the concerned contractors by putting the
correspondence / their letters to take immediate action to get the matters set right
and report back for compliance. APMCF shall assist SBI and shall send suitable
reply to the CTEO’s/ CVO’s queries in shortest possible time. In case of any
disputes with the contractor (s) or disputes arising out of the said project execution as
well in the matter of arbitration (either initiated by the contractors or SBI) pertaining to
this project, the APMCF shall, assist SBI from time by drafting suitable replies in
consultation with the legal advisers to protect the interest of SBI.

(m) APMCF shall not during the period of their assignment and thereafter till the
satisfactory completion of the work give any advice regarding the construction of this
work in particular to intending contractors who would tender and undertake this work
or any other agency gainfully concerned with this work

3. Termination of Agreement

(a) The agreement herein in may be terminated at any time by either party by giving a
written notice of 30 days by the other party. Even after the termination of their
contract, the APMCF shall remain liable and shall be responsible for the certification /
approval of any bills submitted by the contractors at any time, in respect of the work
executed before the termination of contract of the APMCF and shall be liable for the
consequences thereof on account of any excess / wrong payment, if any, certified /
recommended by the APMCF for payments to the contractors, on for the payment of
damages mentioned in above paragraph .

(b) If the APMCF close their business or the company, partnership firm stands dissolved
due to provisions, if any, in partnership agreement of the firm in the event of death of

Signature with seal of the Bidder Page 45 of 80


one or more partners die or become incapacitated from acting as such APMCF, then
the Agreement shall stand terminated, subject to the clause 3(a) hereinabove.

(c) (i) If the APMCF fail to adhere to the time schedule stipulated in the schedule hereto
annexure or the extended time which may be granted by SBI in his sole discretion or
(ii) In case there is any change in the constitution of the company / firm of the APMCF
for any reason whatsoever, SBI shall be entitled to terminate this agreement without
giving notice and entrust the work to some other APMCF.
(d) In case of termination under sub-clause (a), (b) or (c) above, the APMCF shall not be
entitled to fees or compensation except the fees payable to them for the work
actually done and as per the provisions in this agreement subject to a nominal
deduction of 10% of the fees payable against unfinished / balance work to them
being recovered to cover the expenses (to some extent) required to be incurred by
SBI for engaging services of another APMCF for carrying out remaining / balance
work. In such cases the decision of SBI as to what is the work actually done and
what is the amount of the fees due to the APMCF on the basis of actual and as per
the provision in this agreement shall be final and binding on the APMCF.

(e) In case of the termination under sub-clauses (a), (b) or (c) above, SBI may make use
of all or any drawings, estimates or other documents prepared by the APMCF after a
reasonable payment for the services of the APMCF for preparation of the same in full
as provided herein.

(f) If the APMCF fails to perform any of its obligations under this agreement, SBI may
terminate the services of the APMCF with such other action as may be available in
law during which period the APMCF fails to perform such obligations, make good
such deficiencies.
(g) If the APMCF is adjudged as bankrupt, or if they make a general assignment for the
benefit of its creditors or if a receiver is appointed on account of their insolvency or
persistently disregards law, ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of a substantial violation of
provisions of the agreement then SBI may terminate the services of the
APMCF with a notice of winding up within a period of 30 days without prejudice to
any right or remedy and after giving the firm and his surety, if any, seven days written
notice, during which period APMCF fail to cure the violation, terminate the services of
the APMCF with a notice of winding up within a period 7 days and take possession of
the site and may finish the project by whatever method they may deem expedite. In
such case, the APMCF shall not be entitled to receive any further payment, if due at
the time of termination, until the project is finished nor shall be relieved from his
obligations assumed under these articles of agreement.

4. Transfer of Interests
(i) The APMCF shall not assign, sublet or transfer their interest in this agreement,
without the prior written consent it of SBI.
(ii) Whether the firm is partnership firm or a company, no change in the constitution
of such partnership or no change in the constitution of Board of Directors of the
company shall be made without the prior approval of SBI.

5. Scale of Charges
(a) SBI shall pay to the APMCF as remuneration for the services to be rendered by the
APMCF in relation to the said works, and in particular for the services herein before
mentioned, a fees calculated at the rate of % ( percent) plus service
tax/GST as applicable of the actual project cost/ estimated project cost (whichever is

Signature with seal of the Bidder Page 46 of 80


lower) for the ARCHITECTURAL services & project management consultancy /
supervision, thus totaling as indicated in sub-clause (c) of this clause plus service
tax/GST as applicable.

(b) If SBI appoints independent consultant/s for the work pertaining to special
installations like air-conditioning, wet-risers etc., the APMCF shall not be paid any
fees on the total value of such installations. Similarly no fee is payable on the cost of
equipments for air-conditioning, lifts, computers etc. and bought out items such as
chairs, sofa etc. (if any ) supply of which is directly arranged by SBI.

(c) APMCF shall be paid fees referred to above in the manner laid down in clause 6
below, in respect of the preparation of plans, drawing up of estimates, specifications,
prequalification of contractors, calling of tenders etc. up to the stage the work is done by
them on the value of works estimated by the Bank initially or on the basis of approved tender
for various works. However, SBI shall be entitled to adjustments subsequently on the basis
of actual cost of executed works so that the total fee payable to the APMCF does not exceed
the aggregate of the percentages referred to in sub-clause (a) above on the value of the
actual executed works including variations due to increase or decrease in the scope of the
work authorized by SBI. SBI shall have the liberty to omit or postpone or not to execute any
work and the APMCF shall not be entitled to any compensation or damages for such
omission or postponement, or non-execution of the work, except the fees which have
become payable to them for the services actually rendered by them which will be arrived at
after mutual discussion.

(d) For the purpose of breakup fees payable for ARCHITECTURAL work will be 50% of the
total fees based on which payment on stages will be made from the stage of preparation of
the plan to the completion of the work as per Bank’s standard method of the payment
mentioned in para no.6 below. Remaining 50 % of the fees quoted will be for PMC work, the
payment of which will start only when construction at the site will start and based on the
value of the work executed at site and payments made to the contractor. The terms of
payment of fees for Architecture and PMC part will be as under

Architecture Work : Upon completion of the project 87.50% of the total fee for Architectural
work will be paid as per Clause-6 below and remaining 12.50% will be paid after completion
of defect liability period of the work.

PMC Work :Upto 90 % of total fees against progressive bills after 15 days of the payment of
the contractor. 5% will be paid after …… months of settlement of final bills of all the
contractors. Balance 5% after expiry of latest of the defects liability of various contractors or
after attending the CTE’s observations if any from time to time till its final disposal and award

Signature with seal of the Bidder Page 47 of 80


of arbitration, if any, whichever is later. The service tax/GST at the prevailing rate will be paid
by the Bank to APMCF in addition to the fee quoted and agreed. Tax deduction at source
(TDS) , as per income tax provisions shall be deducted from the fees of APMCF.
6. Method of payment for ARCHITECTURAL part: (50% of the total quoted fee)
i. SBI shall pay fees to the APMCFs in the stages as follows.

As per manual of instruction on premises matter, page no. 101, fees payable to APMCF in
the stages for the ARCHITECTURAL services is worked out as per under.
Sr. Service to be recorded Subject to Upto stage Remarks / Clarifications
No. clarification total
under col cumulative
fees fees
payments payments
(1) (2) (3) (4) (5)
(a) After completion of 1/16th 1/16th It is clarified that
sketch plans, (6.25%) of (6.25%) of estimated of the work at
ARCHITECTURAL the total fees the total this stage shall include
design and model, if any, on total cost agreed % of cost of interior work only if
and their approval by the of related fees on total the sketch plans include
Bank work. cost of the detailed department-
related work wise final layout plans for
all floor for computerized
office. As otherwise the
fees for the sketch plans
for interior work will be
paid later on when the
sketch plans are approved
by the Bank.
(b) After completion of 1/8th (12.5%) 3/16th If the civil work is
working drawings & of the total % (18.75%) of executed in two stages
detailed estimates to the of fees on the total % i.e. foundation & plinth or
satisfaction of the Bank total cost of of fees on pile foundation one stage
including related work. total cost of and super structure as
ARCHITECTURAL related second stage, assessed
drawing & all drawings work. cost for each work will be
pertaining to the various the basis for release of
specialist services & their payment. The fees for
approval by the detailed plans & estimates
Municipal Corporation or for interior work shall be
other authorities & Pre- paid later on when these
qualifications of are received & approved
contractors for main civil by the Bank. 50% of the
work (foundation as well fees payable for this stage
as super structural) may, however, be paid on
completion and approval
by the Municipal or other
authority of all drawings
pertaining of civil work &
completion of
prequalification work of
civil contractors
separately or together for

Signature with seal of the Bidder Page 48 of 80


Sr. Service to be recorded Subject to Upto stage Remarks / Clarifications
No. clarification total
under col cumulative
fees fees
payments payments
foundation & super
structure civil work (on the
estimated cost excluding
interior work)
(c ) After preparation of 1/16th On 1/4thHere also as clarified in
contract documents (6.25%) of (25%) of the para (b) above, initially the
including tenders, issue the total % total fees estimate cost shall be the
of tender notices in of fees on on total cost cost of foundation or/and
respect of all trades, total cost of of related super-structure (excluding
submission of related work work interior decoration work)
recommendations to the when the general building
Bank and execution of work is in progress. The
the contract documents fees under this (c) stage
for various trades. will be paid later on when
the details
plans/estimates/ tender
documents etc. are
prepared by the APMCF
and approved by the Bank
and the tender are invited
by the Bank on request of
the APMCF in proportion
to the services completed
in respect of particular
trades. Such payment
shall be on account.
(d1) During the progress of 1/2th (50%) 3/4th (75%) --------------------------
construction and in of the total % of the total
proportion to the value of fees on fees on total
of the said works as total cost of fees on total
certified from time to time related work. cost of
and paid by the Bank. related
work.
(d2) On final completion of 1/8th (12.5%) 7/8th ----------------------------
the project & closing of of the total % (87.5%) of
accounts including of fees on the total
obtention of occupation total cost of fees on total
certificate from GIFT related work. cost of
UDA//Fire authority / related
water connection work.
authority / electrical
connection authority /
gas connection authority
/ or any other authority
and / Board connection
with the occupation of
building.

Signature with seal of the Bidder Page 49 of 80


Sr. Service to be recorded Subject to Upto stage Remarks / Clarifications
No. clarification total
under col cumulative
fees fees
payments payments
(d3) After the APMCF issue 1/8th (12.5%) 100% of the The final payments under
“no objection “ for the of the total % total fees d1,d2& d3, stages shall
refund of contractors of fees on on total cost be made in accordance
retention money on total cost of of related with and on the basis
expiry of Defects liability related work. work. provided in the clauses 5
period of the various herein.
contractors and/ or
attending to the CTE’s /
CVO’s observations, if
any, its final disposal and
award of arbitration, if
any, whichever is later.
(e) In case, this agreement
is termination in
pursuance of clause 3
above, fees shall be paid
to the actual services
rendered as per stages
referred to in this clause
and subject to other
provisions about
recoveries etc, as
provided for elsewhere in
this agreement.

7. Visit to the Site


In addition to the stationed Project-In-Charge and other engineers / assistants as the
APMCFs may consider necessary to support him, the Project Manager / Senior
APMCF / Director as stipulated by SBI or their representatives shall visit the site once
in the fortnight as & when required and their consultants shall visit the site regularly
and as frequently as works require and inspect and supervise the construction to
ensure and themselves satisfy that the works are being executed as designed and
planned by them and approved by SBI and general quality of the work and finishes
etc. are good. For this, no extra fees or travelling expenses shall be payable by
SBI.

11. Delays, Responsibility and Recoveries from fees

APMCF shall, closely follow up and keep the account of the progress made and
arrange to solve the bottle necks, if any, and clarify the doubts / details, if any
required by contractors through their Project-in-charge and his assistants at site. If
necessary, they should write to the contractors under advice to SBI about time lag in
the works and suggest improvements / course of action for consideration.

(a) If the construction work after appointment of the contractors get delayed and
the appointed contractors disagree to bear liquidated damages levied for the
same as per the provisions in the agreements between the Bank and the
contractors on a ground that they did not received detailed

Signature with seal of the Bidder Page 50 of 80


ARCHITECTURAL / structural drawings and of any further clarifications from
the APMCF, the APMCF shall be liable to make good the losses to the
Bank to an extent of the amount of liquidated damages disagreed by the
contractors. Similarly, if the works done as per the APMCF’s earlier given
Architectural/ structural drawings are required to be the altered/ demolished
because of mistakes at the APMCF/ their consultants then APMCF shall be
liable to bear the cost of the work required to be so altered/removed
(including removal/alteration cost). Unless the contractors agree to forgo the
cost of said work. In the event the APMCFs fail to discharge their duties
diligently and delays are caused due to their negligence or if they do not
cooperate and the work is not completed within the time frame. They shall be
liable to make good the damages suffered by the Bank without prejudiced to
the Bank. Bank’s right to terminate the agreement and pay such fees, which
is at discretion of the Bank, required to be paid at the time of termination.

(b) In case any Site Engineer/PMC or any consultant is engaged by the Bank,
the APMCFs shall , closely follow up and keep the account of the progress
made and arrange to solve the bottle necks, if any, and clarify the doubts/
details, if any required by the Site Engineer/ PMC/ contractors through their
Resident APMCF/Engineer and his assistants a site. If necessary, they
should write to the Site Engineer/PMC under advice to the Bank about time
lag in the works and suggest improvements/ course of action for PMC’s
consideration. Similarly if the Site Engineer / PMC is engaged they will be
authorized to write to the APMCFs about their requirements like drawings,
details, clarifications, discrepancies etc. if any , at APMCFs end.

(c) It is agreed by the Bank and the APMCFs that the total recoveries /
adjustments on account of delays/ mistakes except in case of structural
failure, at APMCFs’ end and any other account from the APMCFs fees shall
not exceed 10% of their total fees for the entire project including interior
decoration work, foundation, compound development, landscaping etc. To
protect their interest, the APMCFs shall keep the matter on record and shall
maintain file/ register with the acknowledgements etc. for issue of drawings,
clarifications/ Bank in writing. However, in the event of any damage/ loss
caused to the Bank on account of structural failure due to defective structural
design by the APMCFs and / or their structural consultants, the APMCF shall
be liable to make good fully such damages / loss to the Bank without any
upper limit.

9. Contract Period
The period of this consultancy contract of APMCF would commence from the date of
appointment & continue till completion of the project subject, however subject to the
provisions of clause 3 herein above.

Further it is agreed between the parties as follows:


(a) If the work of construction of anyone or more of the civil engineering works or other
works therein be substantially interrupted by force major or by reasons of any orders
in writing issued by SBI stopping or suspending the work of construction on grounds
other than bad / unsound work or installation and / or defective supervision or lack of
it or by negligence, the firm shall not be liable in any way for the consequent delay in
the completion of such work.
(b) Liquidated damages

Signature with seal of the Bidder Page 51 of 80


In the opinion of SBI, if any delay in execution is attributable to the fault of the
APMCF, SBI shall be entitled to recover liquidated damages at the rate of 0.5% of
the total fees per week (7 days) of delay. Total recoveries on account of delays and /
or any other loss or damage caused to the Bank due to defective / faulty supervision
on part of APMCF shall be limited to maximum of 10% of total fees payable to
APMCF on entire actual work, for which the APMCF services are availed by SBI.
The decision of SBI in this matter after giving due hearing to the APMCF’s
arguments, shall be final and binding on the APMCF.
(c) The fees shall include travelling expenses of the APMCF and travelling
expenses are payable only if SBI invite APMCF for any special meeting or
instruct APMCF to visit outside Mumbai / Pune or other places in India with
specific instructions. No travelling expenses are payable to the APMCF for
routine visit of Mumbai / Pune during planning and execution stages. For
claiming travelling expenses prior approval of the SBI is mandatory. Decision
of the SBI regarding payment of travelling expenses to APMCF shall be final
and binding to the APMCF. If SBI invite or instruct APMCF to visit, the APMCF shall
be entitled to traveling and Daily Allowance permissible as under:

Senior Partners and Senior Consultants


Actual travelling charges (permitted to travel by entitled class of air), lodging plus
boarding charges per day as applicable to Scale-V officers of SBI after producing
necessary bills / receipts in support of their claims.

Other Engineers / APMCFs / Employees / Junior Partners:


Traveling expenses: cost of air travel, lodging and boarding charges per day as
applicable to officers in Scale-III of SBI after producing necessary bills / receipts is
support of their claims.

10. Obligations of the SBI


(a) SBI shall designate representatives who shall be fully acquainted with the project and
have authority to communicate approvals of project construction budgets variation
and technical approvals of all cases consistent with project, schedule and furnish
information expeditiously.
(b) SBI shall not employ any of the APMCF’s employees during the tenure of this
contract and for a further period of one year. Also the APMCF commits itself not to
employ any of SBI employees within one year of their leaving SBI unless such
employees or retired employees of SBI had already joined the APMCF service prior
to the date of notice for pre-qualification of APMCF.
11. Changes in the Project
SBI without invalidating this agreement may order changes in the project within the
general scope of this agreement consisting of additions, deletions, or other revisions.
All such changes in the project shall be authorized by change order. A change order
is written order to the APMCFsigned by SBI issued after the execution of this
agreement, authorizing a change in the scope of the project, services to be provided.
12. SBI’s right to perform APMCF’s obligations and termination by the SBI for the
cause:
APMCF has been given various powers under this agreement for the completion of
the project as Project Manager – cum – Monitor – cum – Supervisor and the said

Signature with seal of the Bidder Page 52 of 80


power shall not be deemed to be as a power of attorney for the development,
construction, sale or improvement of the property.
13. Arbitration Clause
Except where otherwise provided in the contract all questions and disputes relating to
the meaning of the specifications, design, drawings and instructions herein before
mentioned and as to the quality of workmanship or materials used on the work or as
to any other question, claim, right, matter or thing whatsoever in any way arising out
of or relating to the contract, designs, drawings, specifications, estimates, instructions
orders or these conditions or otherwise concerning the work or the execution or
failure to execute the same whether arising during the progress of the work or after
the cancellation, termination, completion or abandonment thereof shall be dealt with
as mentioned hereinafter:
(I) Any dispute and items of disagreement arising between the architect and the site
engineer /PMC shall be referred to the Chief General Manager or in his absence , the
General Manager of concerned network of SBI (the bank) and his decision on those matters
will be final and binding on the Architect and Site engineer / PMC as well.

(II) If any dispute, difference, or question shall at any time arise between the architect
and the Employer as to the interpretation of this agreements or concerning anything herein
contained or arising out of this agreement except that state in (1) above or as to the rights ,
liabilities and duties of the said parties hereunder or as to the execution of the said works ,
except in respect of the matters for which if is provided herein , that the decision of the
employer is final and binding the same shall be referred to the arbitration and final decision
of Bombay based arbitrator to be agreed upon and appointed by both the parties on in case
of disagreement as to the appointment of a single arbitrator , to be appointment of two
arbitrators shall before taking upon themselves the burden of reference , appoint and
umpire.

a. For the purpose of appointing the (Maharashtra) based sole arbitrator referred to above
the appointing authority i.e. the Chief General Manager of ( SBI, Local Head Office,
Maharashtra) of the bank or on his behalf the Asst. General Manager (premises), ( SBI,
Local Head Office, Maharashtra) will send within thirty days of receipt by him of the
written notice aforesaid to the Architect a panel of three names of persons who shall be
presently unconnected with the organization , for which the work executed.
b. The Architect shall on receipt by them of the names of aforesaid , select any one of the
persons named to be appointed as a sole Arbitrator and communicate his name to the
appointing authority who shall thereupon without any delay appoint the said person as
the sole Arbitrator. If the Architects Fail to communicate such selective as provided
above within the period specified, the appointing authority shall make the selections and
appoint the selected person as the sole Arbitrator.
c. If the Appointing Authority fails to send to the Architects the panel of three names as
aforesaid within the period specified, the architect shall send to the Appointing Authority
a panel of three names of Mumbai based person who shall all be unconnected with
either party . The Appointing Authority shall on receipt of the names of aforesaid persons
and appoint his s the sole arbitrator within 30 days of receipt by him of the panel and
inform the Architects accordingly. If the Appointing Authority fails to do so the the
architect shall be entitled to appoint one of the three persons from the panel as the sole
Arbitrator and communicate his name to the Appointing Authority.
d. If the Arbitrator so appointed is unable or unwilling to act or resigns his appointment or
vacates his office due to any reason whatsoever another sole Arbitratorshall be
appointed as aforesaid .

Signature with seal of the Bidder Page 53 of 80


e. The work under the contract shall, however, continue during the arbitration proceedings.
no payment due or payable to the architects shall be with held on account of such
proceeding except the disputed payment of fees on account of other provisions in in this
agreement
f. The Arbitrator shall be deemed to have entered on the reference on the date he issues
notice to both the parties fixing the date of the first hearing .
g. The arbitrator may from time to time with the consent of the parties , enlarge the time for
making and publishing the award.
h. The arbitrator shall give a separate award in respect of each dispute or difference
referred to him. The arbitrator shall decide each dispute in accordance with the terms of
the contract and give a reasoned award. The venue of arbitration shall be such place as
may be fixed by the arbitrators in his sole discretion.
i. The fees , it any of the arbitrator shall, if required to be paid before the award is made
and published be paid half and half by each of the parties. The cost of the Reference and
of the award including the fees, if any of the arbitrator ,who may direct To and by whom
and in what manner, such cost or any part hereof shall be paid , may Fix or settle the
amount of costs to be paid.

In witness of this agreement, the parties hereto have subscribed their respective hands
hereto and or a duplicate hereof on the day and the year herein above first mentioned.

Signed and delivered by , The proprietor of the FIRM on behalf of the


ARCHITECTURAL & PROJECT MANAGEMENT CONSULTANCY SERVICES(APMCF)

(Signature with Common seal of the Firm)

In the presence of

1. --------------------------------------------------

2. ---------------------------------------------------

Signed and delivered for and on behalf of the State Bank of India by Shri ,
Assistant General Manager, Premises & Estate Department, Local Head Office,
Maharashtra.

(Signature with seal)


In the presence of

1. Name …………………………………….. Designation

2. Name …………………………………….. Designation

Signature with seal of the Bidder Page 54 of 80


ANNEXURE III ( of Draft Agreement)

Schedule for completion of work

1. Submission of alternative layouts. To be decided mutually


2. Submission of sketch plan, block estimate, To be decided mutually
ARCHITECTURAL design and brief
specifications.
3 Submission of detailed working drawings, To be decided mutually
ARCHITECTURAL drawings, structural
drawings, Electrical drawings, drawings for
services, detailed estimate with
specifications, rate analysis and APMCF’s
report.
4. Submission of recommendations regarding To be decided mutually
pre-qualification criterion.
5. Submission of recommendation / report on To be decided mutually
empanelment / pre-qualifications of
contractors.
6. Submission of draft contract To be decided mutually
documents/draft tender for all works along
with completion schedule.
7. Submission of APMCF’s report on various To be decided mutually
tenders. .
8. Submission of variation orders. Within a fortnight from the date of receipt of
Bank’s approval of the variation. In case of
variation costing less than Rs. 10,000/- or the
amount authorized as the case may be, within
one week from the date of issue of instructions
by the APMCF to the contractors.
9. Submission of other drawings, variation/ Within a reasonable time so that progress is
deviation statements, approval samples not hindered and smooth running of the work is
etc. ensured.
10. Issuing certificate of payment for As per the clauses contained in agreement
contractors running bills. entered by the bank with APMCFs, contractors
& project management consultant.
11. Issuing final certificate of payment for As per the clauses contained in agreement
contractor’s final bill. entered by the bank with APMCFs, contractors
& project management consultant.
12. Other actions to be taken by the APMCF. Within reasonable time keeping in view the
tender clauses & completion schedule.

( SBI) ARCHITECTURAL & PROJECT MANAGEMENT CONSULTANCY


SERVICES (APMCF)

------- End of the Section ------

Signature with seal of the Bidder Page 55 of 80


ANNEXURE –B
PARAMETERS FOR DESIGN TECHNICAL COMPETITION
TENDER NOTICE FORPRE QUALIFICATIONFOR SELECTION AND ENGAGEMENT OF
PRINCIPAL PROJECT ARCHITECT CUM PROJECT MANAGEMENT CONSULTANT
FORPROPOSED INTERIORS WORKS FOR ESTABLISHMENT OF BANK’S LOCAL
HEAD OFFICE IN PUNE, MAHARASHTRA

PART –A. BRIEF TECHNICAL PARAMETER FOR EVALUATION BEFORE DESIGN


COMPETITION (TOTAL MARKS-100)
Broad criteria/ Technical parameter and marks assigned to each Maximum
S.N
parameter Marks
Experience of the firm, more than 7 years up to 10 yrs =7,more than 10 yrs
1 and up to 15 yrs=10, more than 15 yrs and up to 20 yrs=15, more than 20 20
yrs = 20
Having Registered Office in Pune / Mumbai = 15, Having Branch office in
2 Pune/ Mumbai = 10, Having Registered/ Branch Office in Other Locations 15
with undertaking to open office in Pune/ Mumbai=05
Maximum value (Project Cost) of any single project handled, up to Rs
21.60 Crores = 0, More than 21.60 crores and up to 40 Crores =05, More
3 20
than 40 crores and up to 50 Crores = 10, More than 50 Crores=20 in the
last 7 years as on 30.11.2023
Experience with Govt/ Public Sector Bank/ Reputed Private Sector Bank
One Project of at least Rs. 54 Cr = 15,
One Projects of at least Rs. 43.20 Cr = 10,
4 15
Two or more Projects of at least Rs. 27 Cr =7,
Three or more Project of at least Rs. 21.60Cr =05,
and completed in the last 7 years as on 30.11.2023
Performance Certificate from Existing Clients
a. Two Excellent / Very Good certificates = 10
b. Single Excellent/Very Good =07
5 10
c. Good / Satisfactory = 05
(Only 2 similar projects of highest value will alone be considered for this
purpose)
Certification level in green / energy saving building in LEED/ GRIHA/ IGBC
rating system in similar projects (having project cost of Rs. 21.60 Cr or
above) completed in the last 7 years as on 31.03.2023:
a. Green certified 5 or more projects =10
6 10
b. Green certified 4 or more projects = 08
c. Green certified 3 or more projects = 06
d. Green certified 2 or more projects = 04
e. Green certified 1 project = 02
Number of technical staff (Architects and Engineers) in main office (on pay
7 roll) : At least 5 =03 Marks, More than 5 and up to 10 = 05 Marks, more 10
than 10 and up to 15=08 Marks, More than 15=10 Marks
TOTAL 100
Note:- Similar projects costing at least Rs.21.60 Crores and above shall alone be
considered for evaluation and awarding of marks.

Signature with seal of the Bidder Page 56 of 80


PART – B.

BRIEF TECHNICAL PARAMETER FOR EVALUATION OF DESIGN


PRESENTATION MADE BY BIDDERS/ARCHITECTS (TOTAL MARKS 50)

Sr. Maximum
Broad criteria/technical parameter
No. Marks

Design concept of project done so far.


Architectural & Green building features, 3D view, preliminary layout
1 5
plan, indicating furniture layout, other amenities specifications and
approximate estimated cost.

Statutory Approvals
Capability / experience in obtaining statutory approvals / Liasoning
2 5
with local Government authorities and estimated time limit specified
for the same
PMC Services
3 Road map and in house capability for preparation of detailed 5
architectural structural and services design / working drawings and
subhead-wise / item-wise estimates / draft tenders etc.
Capability/ Experience in Project Management Services (PMC) in
handling large Commercial Office projects, available in house
4 5
infrastructure.
Time estimate, Bar chart for completion of the project.

Experience undertaking similar projects with PSUs / Banks and


5 5
handling CVC matters

Reputation of Architect/ Company and their knowledge of Building


6 Bylaws, National Building Code and Statutory Requirements of 5
respective local bodies / Municipalities, etc.
Overall Presentation, Interpretation of Design Concept, Interaction on
concept, Cost effective Site Utilization & Economical design along with
7 20
Estimated Cost / Per Sqm and response to queries of the committee
members
TOTAL 50

The PPA cum PMC who score maximum marks put together for technical
bid and price bid shall be considered for selection, after techno-
commercial evaluation based on 70% weightage to Technical Parameters
and 30% for financial Bid.

Signature with seal of the Bidder Page 57 of 80


Evaluation of proposals / bids:

a. The total of Part A and Part B of technical parameters shall be considered for Technical
Marking.

b. The date and time of opening of Price Bids will be communicated to technically qualified
Bidders only. The price bids will be opened by the Bank’s Committee in the presence of
representatives of the qualified Bidders who choose to attend the same who is authorised
by the bidder along with his KYC document.

c. The Bidder with the highest Bid score will be selected as per following methodology:

● Once the price Bid is opened, final evaluation will be carried out with 70% weightage
for the technical evaluation and 30% weightage for the price Bid.
● Quoted Fee as per price bid (as indicated in the Annexure M) shall be considered for
Final Evaluation along with technical criteria in the ratio of 30:70 (Price Bid 30%
weightage and Technical Bid 70% weightage).
● The formula used for weightage will be as follows:

Technical Score = Bidder Technical Score X 70

Max (Bidder Technical Score 1...n)

Price Score = Min (Bidder Price 1…n) X 30

Bidder’s Price
Bidder’s Final score = Technical score + Price score

Example:
 Suppose three applicants are shortlisted as A, B,& C based on technical bid
scrutiny (Part A + Part B) and they secured marks out of 150 as under:

 A –133 marks;
 B –127 marks;
 C – 115 marks

 As ‘A’ secured highest marks in technical evaluation, to work out percentile


score, following will be the calculation:

 A :(133/133)X 100= 100


 B :(127/133) X 100= 95.50
 C :(115/ 133)X 100= 86.50

 Now that technical bids are evaluated, financial bids can be opened.

Signature with seal of the Bidder Page 58 of 80


 Financial quotes for three bidders are as follows:

 A:3.00%
 B :2.50%
 C :2.10%

 As ‘C’ has quoted lowest price, to work out percentile score, following will be the
calculation:

 C :(2.10/2.10) X 100=100
 B : (2.10/2.50)X100=84
 A : (2.10/3.00)X100=70

 Since proportion of technical to financial score is specified to be 70:30, then


final scoreswill work out as follows:

 A :(100X0.70) +(70X0.30) =91.00


 B :(95.50X 0.70) +(84X 0.30) =92.05
 C :(86.50X 0.70)+(100X 0.30) =90.55

From the above, the most successful applicant would be the one with highest
percentile score i.e. ‘B’.
We have read and understood the above mentioned prequalification criteria
and evaluation of proposals/bids and shall abide by the same.

Signature of the Applicant with Seal

Name:…………………………….

Place:…………………………….

Date:

Signature with seal of the Bidder Page 59 of 80


ANNEXURE – C

FIRM - PROFILE

NOTICE FOR PRE QUALIFICATION FOR SELECTION AND ENGAGEMENT OF PRINCIPAL


PROJECT ARCHITECT CUM PROJECT MANAGEMENT CONSULTANCY FORPROPOSED
INTERIOR WORKS FOR ESTABLISHMENT OF BANK’S LOCAL HEAD OFFICE IN PUNE,
MAHARASHTRA

SN Particulars
1 Name of the Firm
2 Address
3 Name, Telephone Nos. Email id. including Mobile of
contact person
4 Fax No.
5 Constitution of the Firm
6 Year of Establishment
7 Name of Partners / Associates
8 Bio-data of Partners / Associates, Details may be given
in the enclosed format (Annexure – D)
9a Registration Number with Council of Consultant / Indian
Institute of Architects (Copy of valid registration to be
enclosed)
9b Details of GST registration:
(Copy of valid registration to be enclosed)
9c Amount of GST paid year-wise during last 3 financial
years ending on 31st March ______
10 Name and value of major Building: Construction works
completed during the last 7 years ending on 31stMarch
20__.
Details may be given in enclosed format (Annexure – F)
11 Name & value of the major Building Construction work
on hand. Details may be given in the enclosed format
(Annexure -G)
12 Name & value of other major works (other than building
works) on hand.
Details may be given in enclosed format (Annexure – G)
13 Details of features of green building provided in the
buildings
14 Details of modern amenities provided in the building
15 List of Technical Personnel employed
16 List of other Personnel employed
17 List of consultants engaged by the Firm:
(Address, telephone numbers and email ID etc. are to be
furnished)
18 List of office equipments owned by the company
19 Banker’s Name
20 Latest Income Tax Clearance Certificate to be enclosed
21a List of registration or empanelment with other
Organizations:
21b List of completion certificate etc. from the clients for
completed / ongoing projects

Signature with seal of the Bidder Page 60 of 80


21c Certified copies of the letter of intent for award of the
work from reputed private / multinational organizations/
PSUs etc.
22 Particulars of participation in competitions and awards if
any received
23 If the firm is not having its office in --------------, please
indicate the time by which it is likely o open an office in --
---------------- with documentary evidence. (A confirmation
from the firm may be obtained stating that within 3
months of award of the project an proper office set up
will be opened in _____)

Note: Please enclose separate sheets for additional information, photographs, and documents.

Signature of the PPA cum PMC with Seal

Date:

Place:

Signature with seal of the Bidder Page 61 of 80


ANNEXURE – D

BIO-DATA OF THE PARTNERS / DIRECTORS

NOTICE FOR PRE QUALIFICATION FOR SELECTION AND ENGAGEMENT OF PRINCIPAL


PROJECT ARCHITECT CUM PROJECT MANAGEMENT CONSULTANCY FORPROPOSED
INTERIOR WORKS FOR ESTABLISHMENT OF BANK’S LOCAL HEAD OFFICE IN PUNE,
MAHARASHTRA

Use separate form for each partner/director.

1. Name and email id :


2. Associates with the firm since:
3. Date of Birth/ Age :
4. Professional Qualifications:
5. Professional Experience :
6. Professional Affiliation :
7. Membership in :
8. Details of Published papers in Magazine:
9. Details of cost effective methods/ designs adopted in the projects:
10. Exposure to new materials/ Techniques:
11. Details of Features of green buildings provided in the buildings:
12. Details of modern amenities provided in the buildings

Signature of the PPA cum PMC with seal

Date:

Place:

Signature with seal of the Bidder Page 62 of 80


ANNEXURE – E

BIO-DATA OF TECHNICAL STAFF (ARCHITECTS/ ENGINEER)

NOTICE FOR PRE QUALIFICATION FOR SELECTION AND ENGAGEMENT OF PRINCIPAL


PROJECT ARCHITECT CUM PROJECT MANAGEMENT CONSULTANCY FORPROPOSED
INTERIOR WORKS FOR ESTABLISHMENT OF BANK’S LOCAL HEAD OFFICE IN PUNE,
MAHARASHTRA

Use separate form for each Executive

1 Name

2 Designation/position

3 Associated with the firm since

5 Professional Qualification

6 Professional Experience

7 Field of expertise

8 Contact number

9 e-mail Id
Annexure number of document
10 evidencing employment with the firm
like EPF contribution etc

Signature of the PPA cum PMC with Seal

Date:

Place:

Signature with seal of the Bidder Page 63 of 80


ANNEXURE – F

DETAIL OF MAJOR BUILDING CONSTRUCTION


(Rs. 21.60 crore and above) completed during the last 7 years (as on 30.11.2023)

i) Use separate sheet for each work.


ii) Mention only completed projects.
iii) Mention only those projects which you want bank to consider to judge your
eligibility and awarding marks.

Sr. Nam Natur Feat Loca Esti Built Heig Date Perio Actu Final Reas
No e of e of ures tion mate up ht of of d of al value ons
the work of of d Area the start com date of for
Clien gree the value in build pleti of the the
t n build Sq.ft. ing on com proje varia
build ing / pleti ct tion /
ing muni on delay
and cipal if any
mod limits
ern
amen
ities
provi
ded
1 2 3 4 5 6 7 8 9 10 11 12 13

Note:
(a) The work should have been executed by the firm under the name in which they are
submitting the application.
(b) The Bank will obtain the confidential report from the previous clients and the Architect
shall not object the same.

Signature of the PPA cum PMC with Seal

Date:

Place:

Signature with seal of the Bidder Page 64 of 80


ANNEXURE – G

LIST OF MAJOR BUILDING CONSTRUCTION WORKS ON HAND AS ON _______


(Rs. 21.60 crore and above, on Hand as on 30.11.2023)

iv) Use separate sheet for each work.


v) Mention only on hand projects.
vi) Mention only those projects which you want bank to consider:

Sr. Name Nature Featur Locatio Estima Area in Height Presen Sched Remar
No. of the of work es of n of ted Sq.ft. of the t uled ks
client green the Value buildin positio date of
buildin buildin g n comple
g and g/ tion
moder munici
n pal
ameniti limits
es
provid
ed
1 2 3 4 5 6 7 8 9 10 11

Signature with seal of the Bidder Page 65 of 80


ANNEXURE – H

LIST OF PENDING ARBITRATION/LITIGATION/SUITS WITH PREVIOUS CLIENTS

NOTICE FOR PRE QUALIFICATION FOR SELECTION AND ENGAGEMENT OF PRINCIPAL


PROJECT ARCHITECT CUM PROJECT MANAGEMENT CONSULTANCY FORPROPOSED
INTERIOR WORKS FOR ESTABLISHMENT OF BANK’S LOCAL HEAD OFFICE IN PUNE,
MAHARASHTRA

SR. NAME OF PENDING REASONS FOR ANNEXURE


NO. PROJECT WITH SINCE PENDING NUMBER OF
NAME OF CLIENT SUPPORTING
DOCUMENT

Signature of the PPA cum PMC with Seal

Date:

Place:

Signature with seal of the Bidder Page 66 of 80


ANNEXURE – I

LIST OF ANNEXURES
(Use additional sheets if necessary)

ANNEXURE NUMBER PARTICULARS OF DOCUMENT

Signature with seal of the Bidder Page 67 of 80


ANNEXURE - J
PRE-CONTRACT INTEGRITY PACT

(TO BE STAMPED AS AN AGREEMENT AND SUBMITTED ALONGWITH THE TENDER)

General

General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on _____ day
of the month of ____ 20__, between, on one hand, the State Bank of India a body corporate
incorporated under the State Bank of India Act, 1955 having its
_________________________through its -----------------------Department / Office at ----------------,--
----- ---------,(hereinafter called the "BANK", which expression shall mean and include, unless the
context otherwise requires, its successors) of the First Part and
M/s………………………………………………………..represented by
Shri………………………………………… (Hereinafter called the "BIDDER/ Seller which
expression shall mean and include, unless the context otherwise requires, its/ his successors
and permitted assigns of the Second Part.

WHEREAS the Bank proposes to carry-out Proposed Interior Works for its Local Head Office in
Pune and the BIDDER/Seller is willing to provide the Architectural/ Project Management
Services and WHEREAS the BIDDER is a private company/public company/Government
undertaking/partnership, constituted in accordance with the relevant law in the matter and the
BANK is an Office of State Bank of India performing its functions on behalf of State Bank of India.

NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to
be entered into with a view to:
i. Enabling the BANK to obtain the desired Architectural & Project Management Services at
a competitive price in conformity with the defined specifications by avoiding the high cost
and the distortionary impact of corruption on public purchase of premises and

ii. Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to
secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other corrupt practices and the BANK will commit to prevent
corruption, in any form, by its officials by following transparent procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

1 Commitments of the Bank:


1.1 The Bank undertakes that no official of the Bank, connected directly or indirectly with the
contract, will demand, take a promise for or accept, directly or through intermediaries, any

Signature with seal of the Bidder Page 68 of 80


bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other
advantage from the BIDDER, either for themselves or for any person, organization or third
party related to the contract in exchange for an advantage in the bidding process, bid
evaluation, contracting or implementation process related to the contract.

1.2 The Bank will, during the pre-contract stage, treat all BIDDERs alike, and will provide to all
BIDDERs the same information and will not provide any such information to any particular
BIDDER which could afford an advantage to that particular BIDDER in comparison to other
BIDDERs.

1.3 All the officials of the Bank will report to the appropriate authority any attempted or
completed breaches of the above commitments as well as any substantial suspicion of such
a breach.

1.4 In case any such preceding misconduct on the part of such official(s) is reported by the
BIDDER to the BANK with full and verifiable facts and the same is prima facie found to be
correct by the BANK, necessary disciplinary proceedings, or any other action as deemed fit,
including criminal proceedings may be initiated by the BANK and such a person shall be
debarred from further dealings related to the contract process. In such a case while an
enquiry is being conducted by the BANK the proceedings under the contract would not be
stalled.

2 Commitments of BIDDERs
The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activities during any stage of its bid or during any pre-contract or post-contract
stage in order to secure the contract or in furtherance to secure it and in particular commit itself
to the following:

2.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the BANK, connected
directly or indirectly with the bidding process, or to any person, organization or third party
related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the contract.

2.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly
or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial
benefit or other advantage, commission, fees, brokerage or inducement to any official of
the BANK or otherwise in procuring the Contract or forbearing to do or having done any
act in relation to the obtaining or execution of the contract or any other contract with State
Bank of India for showing or forbearing to show favour or disfavour to any person in
relation to the contract or any other contract with State Bank of India.

2.3 * Wherever applicable, the BIDDER shall disclose the name and address of agents and
representatives permitted by the Bid documents and Indian BIDDERs shall disclose their
foreign principals or associates, if any.

Signature with seal of the Bidder Page 69 of 80


2.4 * The BIDDER confirms and declares that they have not made any payments to any
agents/brokers or any other intermediary, in connection with this bid/contract.

2.5 * The BIDDER further confirms and declares to the BANK that the BIDDER is the original
owner/developer in respect of premises covered in the bid documents and the BIDDER
has not engaged any individual or firm or company whether Indian or foreign to intercede,
facilitate or in any way to recommend to the BANK or any of its functionaries, whether
officially or unofficially to the award of the contract to the BIDDER, nor has any amount
been paid, promised or intended to be paid to any such individual, firm or company in
respect of any such intercession, facilitation or recommendation.

2.6 The BIDDER, at the earliest available opportunity, i.e. either while presenting the bid or
during pre-contract negotiations and in any case before opening the price bid and before
signing the contract, shall disclose any payments he has made, is committed to or
intends to make to officials of the BANK or their family members, agents, brokers or any
other intermediaries in connection with the contract and the details of services agreed
upon for such payments.

2.7 The BIDDER will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting
and implementation of the contract.

2.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.

2.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or
pass. on to others, any - information provided by the BANK as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained in any electronic data carrier. The BIDDER also undertakes to
exercise due and adequate care lest any such information is divulged.

2.10 The BIDDER commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.

2.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of
the actions mentioned above.

2.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly, is a relative of any of the officers of the BANK, or
alternatively, if any relative of an officer of the BANK has financial Interest/stake in the
BIDDER's firm, the same shall be disclosed by the BIDDER at the time of filing of tender.

2.13 The term 'relative' for this purpose would be as defined in Section 6 of the Companies Act
1956.

Signature with seal of the Bidder Page 70 of 80


2.14 The BIDDER shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the BANK.

3 Previous Transgression
3.1 The BIDDER declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country
in respect of any corrupt practices envisaged hereunder or with any Public Sector
Enterprise / Public Sector Banks in India or any Government Department in India or RBI
that could justify BIDDER's exclusion from the tender process.

3.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be
disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason.

4 Sanctions for Violations


4.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle
the BUANK to take all or any one of the following actions, wherever required:
A. To immediately call off the pre-contract negotiations without assigning any reason
and without giving any compensation to the BIDDER. However, the proceedings
with the other BIDDER(s) would continue, unless the BANK desires to drop the
entire process.
B. To recover all sums already paid by the BANK, and in case of an Indian BIDDER
with interest thereon at 2% higher than the prevailing MCLR/ Base Rate of State
Bank of India, while in case of a BIDDER from a country other than India with
interest thereon at 2% higher than the SOFR (Secured Overnight Financing
Rate).
C. To cancel all or any other Contracts with the BIDDER. The BIDDER shall be
liable to pay compensation for any loss or damage to the BANK resulting from
such cancellation/rescission and the BANK shall be entitled to deduct the amount
so payable from the money(s) due to the BIDDER.
D. To debar the BIDDER from participating in future bidding processes of the BANK
or any of its Subsidiaries for a minimum period of five years, which may be further
extended at the discretion of the BANK.
E. To recover all sums paid, in violation of this Pact, by BIDDER(s) to any
middleman or agent or broker with a view to securing the contract.
F. Intimate to the CVC, IBA, RBI, as the BANK deemed fit the details of such events
for appropriate action by such authorities.

4.2 The BANK will be entitled to take all or any of the actions mentioned at para 4.1(A) to (F)
of this Pact also on the Commission by the BIDDER or any one employed by it or acting
on its behalf (whether with or without the knowledge of the BIDDER), of an offence as
defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act,
1988 or any other statute enacted for prevention of corruption.

4.3 The decision of the BANK to the effect that a breach of the provisions of this Pact has
been committed by the BIDDER shall be final and conclusive on the BIDDER. However,

Signature with seal of the Bidder Page 71 of 80


the BIDDER can approach the Independent External Monitor(s) appointed for the
purposes of this Pact.

5 Fall Clause
5.1 The BIDDER undertakes that it has not sold similar premises at a price lower than that
offered in the present bid to any other BANK and if it is found at any stage that similar
premises was sold by the BIDDER to any other BANK at a lower price, then that very price,
with due allowance for elapsed time, will be applicable to the present case and the
difference in the cost would be refunded by the BIDDER to the BANK, if the contract has
already been concluded.

6 Independent External Monitors (IEM)


6.1 The BANK has appointed IEM for this Pact as per Central Vigilance Commission order no
41/12/07 (Names and Addresses of the IEM to be given below).
NAME Ms Minnie Mathew MrOtem Dai
CADRE IAS (Retd.) IAS (Retd.)
E-mail ID [email protected] [email protected]

6.2 The task of the IEM shall be to review independently and objectively, whether and to what
extent the parties comply with the obligations under this Pact.

6.3 The IEM shall not be subject to instructions by the representatives of the parties and
perform their functions neutrally and independently.

6.4 Both the parties accept that the IEM have the right to access all the documents relating to
the project/procurement, including minutes of meetings.

6.5 As soon as the IEM notices, or has reason to believe, a violation of this Pact, he will so
inform the Authority designated by the BANK.

6.6 The BIDDER(s) accepts that the IEM has the right to access without restriction to all Project
documentation of the BANK including that provided by the BIDDER. The BIDDER will also
grant the IEM, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to
Subcontractors. The IEM shall be under contractual obligation to treat the information and
documents of the BIDDER/ Subcontractor(s) with confidentiality.

6.7 The BANK will provide to the IEM sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the
contractual relations between the parties. The parties will offer to the IEM the option to
participate in such meetings.
6.8 The IEM will submit a written report to the designated Authority of BANK/Secretary in the
Department/ within 8 to 10 weeks from the date of reference or intimation to him by the
BANK / BIDDER and, should the occasion arise, submit proposals for correcting problematic
situations.

Signature with seal of the Bidder Page 72 of 80


7 Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of commission, the
BANK or its agencies shall be entitled to examine all the documents including the Books of
Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in
English and shall extend all possible help for the purpose of such examination.

8 Law and Place of Jurisdiction


This Pact is subject to Indian Law. The place of performance and jurisdiction of court at Pune
City.

9 Other Legal Actions


The actions stipulated in this Integrity Pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.

10 Validity
10.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5 years or
the complete execution of the contract to the satisfaction of both the BANK and the
BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is
unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of
the contract, with the successful bidder by the BANK.

10.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this
Pact shall remain valid. In this case, the parties will strive to come to an agreement to their
original intentions.

11 The parties hereby sign this Integrity Pact at ____ on __________

For BANK For BIDDER


Name of the Officer. CHIEF EXECUTIVE OFFICER
Designation
Office / Department / Branch
State Bank of India .............

Witness
1.
2.

Signature with seal of the Bidder Page 73 of 80


ANNEXURE - K

LETTER OF UNDERTAKING

(TO BE PRODUCED ON RS.500 NON JUDICIAL STAMP PAPERS AND SUBMITTED


ALONGWITH THE TENDER)

The Assistant General Manager (P&E)


SBI Local Head Office, Maharashtra
Mumbai-400051
Email: [email protected]

NOTICE FOR PRE QUALIFICATION FOR SELECTION AND ENGAGEMENT OF PRINCIPAL


PROJECT ARCHITECT CUM PROJECT MANAGEMENT CONSULTANCY FORPROPOSED
INTERIOR WORKS FOR ESTABLISHMENT OF BANK’S LOCAL HEAD OFFICE IN PUNE,
MAHARASHTRA

Dear Sir,

We refer to your Tender Notice for the captioned project.

We have examined and clearly understood the scope of professional services to be


rendered by us in respect of project of Proposed Interior Works for establishment of Bank’s
Local Head Office in Pune, Maharashtra for State Bank of India. We have also taken into
account all the contemplations furnished by SBI in this regard while submitting our proposal
for your consideration.

Accordingly, we offer to provide our comprehensive professional services as PPA cum PMC
for the captioned project strictly in accordance with the Scope of work and detailed terms
and conditions spelt out in this Tender.

While submitting this Bid, we certify that: -

1. We have adequate experience in providing professional services for Planning,


Designing and Supervision of all activities and services pertaining to Construction of
New Residential building at Maharashtra for State Bank of India by engaging
contractorfor execution of the project.

2. We are equipped with adequate technical expertise and Manpower to plan, design and
supervise various activities pertaining to Civil, Plumbing, Electrical, Mechanical, HVAC,
Firefighting, Access Control System, Security, BMS and all other services pertaining to
the project.

3. We shall be fully responsible to obtain/ to carryout necessary liaising at all levels with
the respective Govt. Departments/ local authorities to procure various mandatory
municipal and other local authorities permissions applicable for the project including
ensuring its revalidation from time to time at our own cost (Excluding any legal charges
payable to the respective authority against the Written demand for

Signature with seal of the Bidder Page 74 of 80


issuance/revalidation of such permissions) for the project for commencement,
execution and completion of all activities and services of the project from scratch to
Completion and procuring necessary completion Certificate/Occupancy Certificates
and or any other certificate required for the project from the local Authorities within the
specified time.
4. We, further undertake that it will be our sole responsibility for submission of required
design documents/drawings/papers to the competent authorities and carrying
necessary liaison with them to procure all such permission within a reasonable time.

5. We understand that except approved professional fee, the SBI shall not be responsible
for making any extra payment to us towards any of the professional and Liaison
services pertaining to this project.

6. We also undertake that in case, we are unable (i) to deliver timely professional services
in the project to deliver satisfactory pro-rata progress in the project, the SBI shall be at
liberty to terminate our agreement at any stage of the project by giving 30 days’ notice
and no compensation shall be claimed by the us for the services rendered including
compensation for the balance work.

7. Wherever, necessary, we undertake that we shall be engaging expert


Architects/consultants to cater the requirement of specialized services for the project at
our own cost within the professional fee approved by the SBI.

8. The undersigned is authorized to sign on behalf of the consultant and the necessary
support document delegating this authority is enclosed to this letter.

9. We declare that we are not in contravention of conflict-of-interest obligation mentioned


in this Tender Notice.

10. We confirm that the Price bid pertaining to our Professional Fee for the project
submitted by us have been arrived at without agreement with any other biddersof this
Tender for the purpose of restricting competition.

11. The rate for Professional Fee quoted in the price Bids are as per the Tender Notice
and subsequent clarifications/ modifications / revisions furnished by the SBI, without
any exception. Moreover, our Fee approved shall remain firm and fixed till completion
of entire project and we shall not raise any claim for any escalation/enhancement in the
approved fee structure for the reasons whatsoever.

12. The Professional Fee quoted by us have not been disclosed and will not be disclosed
to any other bidders responding to this Tender Notice.

13. We have not induced or attempted to induce any other bidders to submit or not to
submit a Bid for restricting competition.

14. If our offer is accepted, we undertake to take up the project immediately and will render
our professional services as per the timeline specified in this document.

Signature with seal of the Bidder Page 75 of 80


15. We agree that the SBI may split the scope of services in this project i.e. Principal
Project Architect as well as Project Management Consultancy (PMC) to different
agencies within its sole discretion. Under such an eventuality, we undertake to manage
the project in full coordination with any of the agencies appointed/engaged by the SBI
for the successful completion of the project and also undertake the responsibility of
pre-qualification of a “Contractor” for various trades and construct the project under
supervision of PPA cum PMC.

16. 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”.

17. We undertake that we will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favor, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the SBI, connected
directly or indirectly with the bidding process, or to any person, organization or third
party related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the contract.

18. We undertake that we will not resort to canvassing with any official of the SBI,
connected directly or indirectly with the bidding process to derive any undue
advantage. We also understand that any violation in this regard, will result in
disqualification of our Architectural firm/company from further bidding process.

19. We certify that we have not made any changes in the contents of the Tender document
read with its amendments/clarifications provided by the SBI submitted by us in our Bid
document.

20. It is further certified that the contents of our Bid are factually correct. We also
undertake that in the event of any information / data / particulars proving to be incorrect
at any stage, the SBI will have the right to terminate our services at any stage of the
project without notice.

21. We also understand that SBI reserve their rights to Shortlist any number of Architect /
Architectural firms for participating in the Techno-commercial competition and to
accept any or to reject all the Bids without assigning reason therefor.

22. We hereby undertake that our name does not appear in any “Caution” list of RBI / IBA
or any other regulatory body for outsourcing activity.

23. If our Bid is accepted, we undertake to enter into and execute at our cost, when called
upon by the SBI to do so, a contract in the prescribed form and we shall be jointly and
severally responsible for the due performance of the contract. However, until such
formal contract is prepared and executed, this Bid, together with your written
acceptance thereof and your notification of award, shall constitute a binding Contract

Signature with seal of the Bidder Page 76 of 80


between us. Moreover, we shall not withhold our professional services in the project for
execution such formal agreement.

24. The name(s) of successful bidder as PPA cum PMCto whom the contract is finally
awarded after the completion of bidding process shall be displayed on the website of
the SBI and/or communicated to the successful PPA cum PMC(s).

25. We undertake that in the event of award of the contract to us, we will setup an
adequate office with in-house capability and infrastructure / expertise to manage such
high magnitude specialized projects in Pune / Mumbai within 1 month from the date of
award of contract.

We hereby undertake and agree to abide by all the terms and conditions stipulated by the
SBI in the Tender document.

Our Bankers are:


I)

ii)

The names of partners of our firm are:


i)

ii)

Name of the partner of the firm Authorized to sign


Or

(Name of person having Power of Attorney to sign the Contract.


(Certified true copy of the Power of Attorney should be attached)

Yours faithfully,

Signature of PPA cum PMC

Signature and addresses of Witnesses 1 & 2

Signature with seal of the Bidder Page 77 of 80


ANNEXURE L
NON-DISCLOSURE AGREEMENT (APPLICABLE TO SUCCESSFUL BIDDER ONLY)
To be stamped accordingly

Subject to applicable laws, rules, regulations and regulatory mandates, I,__________________


(Name of the successful Bidder), hereby agree to abide by the following conditions -

a. I shall treat all documents, information, data and communication of and with the Bank as
confidential.

b. I shall not, without the Bank’s prior written consent, disclose the contract or any
specification, plan/ drawings, sample or information or data or drawings / designs
furnished to the Bank to any person other than the person(s) employed / designated by
the Bidder for the purpose of performance of this BID DOCUMENT.

c. Further, any such disclosure to any such person employed by me shall be made in
utmost confidence and should extend only so far as may be necessary and relevant for
the purpose of such performance and shall be subject to the terms and conditions of this
Agreement.

d. I shall not, without the Bank’s prior written consent, make use of any document or
information mentioned in these conditions of the BID DOCUMENT except for the sole
purpose of performing this BID DOCUMENT.

………………………………….
(Signature, name and address of the successful Bidder or Bidder’s
executive/representative duly authorized to sign on behalf of the Bidder)

For and on behalf of ………………………


(Name and address of the successful Bidder)

(Seal of the successful Bidder)

Signature with seal of the Bidder Page 78 of 80


ANNEXURE M
SELF-DECLARATION - NO BLACKLISTING

(TO BE SUBMITTED AS PART OF TECHNICAL BID)

In response to the BID DOCUMENT of SBI dated ---------- for purchase of office premises, as an
Owner/Partner/Director/Authorized Signatory of_________________, I/We hereby declare that
presently I/our company/firm___________________ , at the time of bidding: -
a. Possess(es) the necessary professional, technical, financial and managerial resources
and competence required by the Bidding Document;
b. Have fulfilled my/ our obligation to pay such of the taxes payable to the Union and the
State Government or any local authority as specified in the Bidding Document;
c. Is having unblemished record and is not declared ineligible for corrupt & fraudulent
practices either indefinitely or for a particular period of time by any State/ Central
government/ PSU/ UT.
d. Does not have any previous transgressions with any entity in India or any other country
during the last five years.
e. Does not have any debarment by any other procuring entity
f. Is not insolvent in receivership, bankrupt or being wound up, not have its affairs
administered by a court or a judicial officer, not have its business activities suspended
and is not the subject of legal proceedings for any of the foregoing reasons;
g. Does not have, and our directors and officers have not been convicted of any criminal
offence related to their professional conduct or the making of false statements or
misrepresentations as to their qualifications to enter into a procurement agreement within
a period of five years preceding the commencement of the procurement process, or not
have been otherwise disqualified pursuant to debarment proceedings;
h. Will comply with the code of integrity as specified in the bidding document.
i. If this declaration is found to be incorrect then without prejudice to any other action that
may be taken as per the provisions of the applicable laws, my/ our firm may be
blacklisted by you and our Bid, to the extent accepted, may be cancelled.

Signature:

Seal of Company (if applicable)

Signature with seal of the Bidder Page 79 of 80


ANNEXURE N
FINANCIAL BID (ENVELOPE – II)

TO BE SUBMITTED BY THE BIDDER


SEPERATELY UNDER TWO BID SYSTEM
(NIT NO: MAH202312003)

NOTICE FOR PRE QUALIFICATION FOR SELECTION AND ENGAGEMENT OF PRINCIPAL


PROJECT ARCHITECT CUM PROJECT MANAGEMENT CONSULTANCY FOR PROPOSED
INTERIOR WORKS FOR ESTABLISHMENT OF BANK’S LOCAL HEAD OFFICE IN PUNE,
MAHARASHTRA

We have understood the Prequalification Criteria & Scope of the Services to be offered, the
terms and conditions for the appointment to be rendered by the Architectural Consultant
specified by SBI in the Notice Inviting Tender as well from their standard agreement for the
captioned purpose and we shall abide by the same in case our proposal is accepted.

2. Accordingly, we now quote our total professional fee for the project as under:

Professional Fee
(%age of Total
Project Cost
S. Professional Fee in
Scope of Services (Excluding GST
No. Words
and cost of items
directly procured
by the SBI)
1 Providing complete Architectural
Consultancy Services cum Project
Management Consultancy for the …………………%
Complete Project (including Civil, of the actual or the
Plumbing, Electrical, Structural, HVAC, estimated Project
Firefighting, LT/HT installations, Green cost whichever is
Building, Road Works, Landscaping lower.
etc. complete)

3. We agree that the above payment of the fees will be released to us, in the ratio of 50% for
Architectural Services works & 50% for Project Management Consultancy Services, at pre-
determined stages related to the progress of work based on the standard terms of SBI in this
regard.

4. We, further agree in case, we fail to procure required building permissions and approval of
plans by the local authorities within a reasonable time of maximum 6months from date of
award of contract to us, the SBI shall be at liberty to discontinue our services as the PPA
cum PMC for the project within their sole discretion and no fee shall be claimed by us for the
project.

Name and designation of the Authorized signatory

Stamp and seal Signature of the Bidder

Place: Date:

Signature with seal of the Bidder Page 80 of 80

You might also like