The detailed scope of the work to be rendered by the Consultant is as follows:-
2.1 Ascertain the Client’s requirements, carry out detailed survey of the area and make out conceptual plans for various alternatives as required by the Client, keeping in view the topographical features and functional needs of the location, with respect to the buildings if any, already existing at site, utilities etc. To make out Preliminary Estimates for the various alternatives based on plinth area rate or similar acceptable basis of rate. Freeze the Conceptual Plan as finally decided by the Client and obtain Administrative approval and Expenditure Sanction from the Client for the Estimated Cost of the Works and Consultants’ fee with Service Tax, payable thereon in terms of Article 4 of this Agreement along with 10% permissible excess on both items to take care of possible increase in Cost due to any factor at the stage of preparation of Detailed Estimates based on Detailed Designs and Drawings.
2.2 Carry out detailed soil including Geo-technical investigation to ascertain the safe bearing capacity for design of foundation.
2.3 Carry out architectural design of the buildings keeping in view the need to harmonise with the landscape and other architectural features of the buildings, if any, already existing in the area. (This para may be modified as required)
2.4 Carry out Detailed Designs and Drawings for actual execution of the Work and obtain the approval of the Client.
2.5 Prepare a Detailed Estimate with items based to the extent possible on Standard Schedule of Rates such as that of CPWD duly escalated by Cost Index to reflect the current day Cost and balance as Non Scheduled items. The Estimate will cover Civil Engineering Works, Electrical Engineering Works, other Engineering Works and Special installation like lifts, generators and the other Equipments. Detailed Estimate shall be prepared to reflect the likely Current Cost of the Complete works and Clients’ approval taken for the same. If the Total of (i) Detailed Estimate of Cost of Works as made out now (ii) Consultants’ fee payable thereon (iii) Service Tax on item (ii) in terms of Article 4 of this Agreement and (iv) 10% excess over items (i) to (iii) to take care of possible price escalation and minor modifications during the course of execution of Works, exceeds the amount for which the Client has already accorded sanction for Expenditure under Article 2.1 above, the Client will accord Revised Sanction for
Expenditure for the enhanced amount determined on the basis of Detailed Estimate with additions as described above.
2.6 Prepare detailed specifications, tender schedule & tender documents and call tenders for Civil, Electrical, other Engineering and Specialized works. The Bill of Quantities shall be based on the Detailed Estimates as approved by the Client. Where required by the Client, Prequalification of Tenderers shall be done. Otherwise, two Packet system shall be adopted with evaluation of Technical Bid including Check of Satisfaction of Qualification Criteria done first and Financial Bids of only those Tenderers whose Technical Bids are considered acceptable opened. In all cases, Client’s approval for Tender Documents shall be obtained by the Consultant.
2.7 Finalise the Tender adopting RITES’ procedure, after determining the reasonable cost of works based on market rate analysis of major items, duly associating a representative of the Client as a member of the Tender Committee. Take the approval of the Client for engagement of the selected Contractor and the Contract Documents to be adopted. Take Revised Sanction for Expenditure from the Client if the Contract Value along with RITES’ Fees including Service Tax, all enhanced by 10%, exceeds the Sanction for Expenditures taken under Article 2.5.
2.8 Execute the Agreement with the Contractor for and on behalf of the Client as an Agent and Power of Attorney Holder.
2.9 Take single point responsibility for supervision in and execution of the proposed Works by deployment of adequate technical and supporting staff at various sites of works.
2.10 Liaise with Local Bodies and obtain their approvals for the Works and for shifting/ relocating existing utilities as necessary. The Client will provide all possible assistance in this regard. Any delay by the Local Bodies in according their approval for the Works and for shifting/relocation of existing utilities will not be to Consultants’ account.
2.11 Submit periodic Progress Reports in the format and periodicity as stipulated by the Client.
2.12 Assessing, planning and arranging to procure materials and procure/hire construction equipments for Engineering Works, if required as per the Works Contract Conditions.
2.13 Coordinating with main and sub-contractors and rendering technical advice; Holding periodic Progress Meetings and sorting out problems arising if any due to action or inaction of the Client and/ or the Consultant.
2.14 Providing adequate supervising personnel in the field to coordinate, control, supervise, inspect, liaise and report on the works at site;
2.15 Keeping a close watch on Deviations by way of Extra items, Substituted items and Deviations in Quantities of Schedule items. Fixation of Rates for items/quantities covered by Deviation orders adopting RITES procedure. Client to be kept advised of the Deviation orders and rates as fixed. In cases where the Client desires omission or substitution of any BOQ item, check if this is likely to lead to vitiation of Contract and if so draw the attention of the Client to the same
and take his specific approval for the omissions / substitutions. Clients’ Revised Expenditure Sanction to be taken by the Consultant whenever found necessary if the Cost of the work with its Deviation and Price Escalation (if provided for in the Contract) and the Consultant’s fee and Service Tax in terms of Article 4 of Agreement exceed the amount for which Expenditure Sanction has been obtained from the Client as provided for in Articles 2.5 and 2.7.
2.16 Ensuring that the construction is being carried out in accordance with the approved working designs, drawings and specifications and as per programme laid down in the Works Contract Agreement.
2.17 Ensure quality control of the Work including materials and workmanship, certify measurement of work executed, and make progressive payments based on physical realization / completion of works, as per approved procedure and schedule of payments to Contractors;
2.18 Sanction of Extension of Time to the Contractor for completion of Works, with or without Liquidated Damages, subject to keeping the Client advised of the same with full details including the effect on completion Cost of works, if any.
2.19 Finalisation of accounts and closing Works Contracts and furnishing the Accounts along with 4 copies of “As Built” drawings on reproduceable papers to the Client.
2.20 Settling the Claims / disputes, if any, made by the Works Contractors, keeping the Client advised of the same. Where there is disagreement between the Consultant and the Works Contractor, such disputes shall be referred for Arbitration by an Arbitrator as provided for in the Works Contract between the Consultant acting for on behalf of the Client as Agent and Power of Attorney Holder and the Contractor. All amounts payable to the Contractor on his claims decided by the Consultant directly and agreed to by the Contractor will be charged to the Cost of Works. In cases where the Contractor resorts to settling his claims through an Arbitrator, the Client being the Principal Employer will implead himself as a Party in the Arbitration Proceedings along with the Consultant. The Consultant will however fight the Arbitration case for and on behalf of the Client. All claims in favour of the Contractor as per Arbitration Award and the legal expenses involved in dealing with the arbitration proceedings, other than those attributable to gross negligence of the Consultant, will be chargeable to Cost of Works. Items where the Arbitrator gives award in favour of the Contractor overruling the decisions taken by the Consultant in items coming under the powers of the Consultant such as fixation of rates for deviation items, Non scheduled items & substituted items, grant of extension of time etc will not come under the Category of “Gross negligence by the Consultant”. As regards other items, where there is a dispute between the Client and the Consultant as to whether the item of Award in favour of the Contractor is to be classified as due to “Gross negligence of Consultant” or not, they will be settled by mutual discussions between the Consultant and the Client. If no agreement is reached by such discussions, the issue will be settled through Arbitration under Article 19 of this Agreement. Pending decision by the Arbitrator, the amount covered by such items of award will be tentatively charged to Cost of Works. Same principles as above will also apply to decisions if any in favour of the Contractor in a Court of Law.
2.21 Credit to the Cost of the Works all Liquidated and other damages levied on the Works Contractors.
2.22 Complete administration and management of Contract with the Works Contractor till expiry of the maintenance period and payment of final dues to the Contractor. 2.23 Collect and deliver to the Client, Guarantee Bonds executed by the Contractor for
Specialised items of Works such as Waterproofing of structures, Termite Proofing of Structures etc which involve maintenance period extending well beyond the normal maintenance period of structures. Collect and deliver to the Client, Insurance Policies, if any, of Works still current at the time of handing over of works.
2.24 Attend to the inspection, if any, carried out by Government Agencies such as Central Vigilance Commission, comply with their Statutory requirement and effectively arrange for replying to their observations.
2.25 Assist the Client in obtaining the necessary clearance from the Agencies / Departments / Local Bodies concerned for the occupation of the Completed works.
2.26 Getting defects, if any, rectified by the contractor during the 'Defect Liability Period'.
2.27 In all matters, to conform to the conditionalities of and documents approved by the Funding Agency such as World Bank, as stipulated by the Client.