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AGREEMENT

BETWEEN

LGBRIMH, Tezpur

(Ministry of Health & Family Welfare, Govt. of India)

&

M/S HSCC (INDIA) LTD.

For

Design & Detailed Engineering & Project Management Consultancy Services

For

“CONSTRUCTION OF LIBRARY AND INFORMATICS CENTRE AND SPORTS COMPLEX (PH-I)”

At

LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH, TEZPUR,


ASSAM

AGREEMENT NO. 03/LGB/UPGRADATION/2018 DATED

February, 2019

AGREEMENT
This AGREEMENT (hereinafter called the “Contract”) is made on the ______ day of
the month of February, 2019 between Lokopriya Gopinath Bordoloi Regional Institute of Mental Health (LGBRIMH), Post Box
No. 15, Tezpur- 784001 Assam, on one hand (hereinafter called the “Employer”) and on the other hand HSCC (India) Limited,
E- 6(A), Sector-I, Noida, U.P.-201301 (hereinafter called the “Consultant”).

Whereas

a) The Employer has floated EOI (Expression of Interest) for providing


Consultancy services for “Construction of Library and Informatics Centre and
Sports Complex (PH-I)” at Lokopriya Gopinath Bordoloi Regional Institute of
Mental Health, Tezpur, Assam.

b) The Consultant have participated in the EOI (Expression of Interest) for


providing Consultancy services for “Construction of Library and Informatics
Centre and Sports Complex (PH-I)” at Lokopriya Gopinath Bordoloi Regional
Institute of Mental Health, Tezpur, Assam.

c)The Employer has accepted the offer of the Consultant being lowest to provide
Consultancy services for the work “Construction of Library and Informatics Centre and Sports Complex (PH-I)” at Lokopriya
Gopinath Bordoloi Regional Institute of Mental Health, Tezpur, Assam and awarded the consultancy to HSCC at their quoted
rate.
(i)Consultancy fee for Design and Detailed Engineering + Project Management Services (Building & Services) = 5% of the final
Project cost + GST as applicable.

(ii)Consultancy fee for procurement of furniture etc. = 2% of the final cost of procurement of furniture etc. + GST as applicable.

Now therefore the parties here to shall be deemed to form an integral part of this Contract:

1.0The following documents attached here to shall be deemed to form an integral part of this Contract:

a)The General Conditions of Contract (hereinafter called “GCC”)


b)The Special Conditions of Contract (hereinafter called “SCC”)
c)The following Appendixes.

Appendix A: Description of Services


Appendix B: Payment Schedule
Appendix C: Services and Facilities to be provided by the Employer

2.0The mutual rights and obligations of the Employer and the Consultants shall be as set forth in the Contract; in particular:

a.The Consultants shall carry out the services in accordance with the provisions of the contract; and

b.The Employer shall make payment to the Consultants in accordance with the provisions of the contract.

In witness whereof the parties hereto have caused this contract to be signed in their respective names as of the day and year first above
written

FOR AND ON BEHALF OF [EMPLOYER]

Lokopriya Gopinath Bordoloi Regional Institute of Mental Health (LGBRIMH), Tezpur, Assam

Witness 1:

Witness 2:

FOR AND ON BEHALF OF [CONSULTANT]

HSCC (India) Ltd., E-6(A), Sector-1,


NOIDA, (U.P)-201301

Witness 1:

Witness 2:

GENERAL CONDITIONS OF CONTRACT (GCC)

G.1.0 General Provisions

G.1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this contract have the following meanings:

a.Applicable law means the laws and any other instruments having the force of law in India from time to time.
b.Contract means the Agreement signed between the parties, to which the General Conditions of Contract are attached, together with all the documents
listed in clause 1.0 of such signed Contract.
c.Consultancy fee means the price to be paid for the performance of the services, in accordance with clause G.5.0 by the Employer to the Consultant.
d.GCC means the General Conditions of Contract.
e.Party means the Employer or the Consultants, as the case may be, and Parties mean both of them.
f.Personnel means persons hired by the Consultant or by any sub-consultant as employees and assigned to the performance of the services or any part
thereof.
g.SCC means the Special Conditions of Contract by which these General Conditions of Contract may be amended or supplemented and supersedes
GCC.

h.Services means the work to be performed by the Consultants pursuant to this contract for the purposes of this project, as described in APPENDIX-A.
i.Sub-consultant means any entity to which the consultants sub-contract any part of the services.

j.Third party means any person or entity other than the Employer and the consultant.

k.Contractor shall mean the bidder whose bid is accepted by the Consultant for or on behalf of the Employer for award of the contract on turnkey
basis or any part of the work of the project, resulting in a contract and shall include Contractor’s legal representative, successor and
permitted assignees.
l.Employer shall mean the Lokopriya Gopinath Bordoloi Regional Institute of Mental Health (for brevity LGBRIMH), Post Box No.15, and Tezpur-
784001to be represented by the Director or any authorized signatory to act on his behalf.

m.Words denoting singular only shall also include plural and vice-versa, where the context so require.
n.Consultant shall mean HSCC (India) Ltd., E-6(A), Sector-1, NOIDA, (U.P)- 201301 to be represented by the CGM(PG-I) or any authorized
signatory to act on his behalf.

o.Commencement date shall mean the date of signing of the agreement by both parties or from such date as agreed in writing between Employer and
consultant.

G.1.2 Law Governing Contract & Jurisdiction

This contract, its meaning and interpretation, and the relation between the
parties shall be governed by the Indian Law. This Agreement is subject to
Jurisdiction of Delhi Court to the exclusion of all other Courts.

G.1.3 Notices

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

G.1.4 Location

The services shall be performed at NOIDA/Delhi and Tezpur, Assam as per


requirement of the project works.

G.1.5 Authorized Representatives

Any action required or permitted to be taken any document required or


permitted to be executed, under this contract by the Employer or the
Consultants may be taken or executed by the officials specified in the SCC.

G.1.6 Taxes and Duties

Unless otherwise specified in SCC, the Consultants, sub-Consultants and their


personnel shall pay such taxes, duties, fees and other impositions under the
Applicable law as applicable on the day of signing this agreement, the amount
of which is deemed to have been included in the contract price. However any
taxes, duties, fees and other impositions levied after the date of this agreement
shall be paid extra to the consultant.

G.2.0 Commencement, Completion, Modification and Termination of Contract.

G.2.1 Effectiveness of Contract

This contract shall come into effect on the date the Contract is signed by the
both Parties or such other later date as may be stated in the SCC.

G.2.2 Commencement of Services


The consultants shall begin carrying out the services on date the contract
becomes effective, or at such other date as may be specified in the SCC.
G.2.3 Expiration of Contract

Unless terminated pursuant to the clause G.2.6, this contract shall terminate at
the end of such time period after the effective date as specified in the SCC.

G.2.4 Modifications

Modification of the terms and conditions of this contract, including any


modification of the scope of the services, or of the contract price, may only be
made by written agreement between the parties and such agreement ipso-facto,
shall form part of the original agreement.

G.2.5 Force Majeure

G.2.5.1 Definition

For the purpose of this Contract, Force Majeure means an event which is
beyond the reasonable control of a Party, and which makes a Party’s
performance of its obligation under the contract impossible or so impractical
as to be considered impossible under the circumstances.

G.2.5.2 No Breach of Contract

The failure of a party to fulfil any of its obligations under the contract shall not
be considered to be a breach of, or default under this contract in so far as such
inability arises from an event of Force Majeure, provided that the party
affected by such an event (a) has taken all reasonable precautions, due care
and reasonable alternative measures in order to carry out the terms and
conditions of this contract, and (b) has informed the other party as soon as
possible about the occurrence of such an event.

G.2.5.3 Extension of Time

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

G.2.5.4 Payments

During the period of their inability to perform the services as a result of an


event of Force Majeure or for no fault of Consultant, the Consultant shall be
entitled to continue to be paid under the terms of this contract, as well as to be
reimbursed for additional cost reasonably and necessarily incurred by them
during such period for the purposes of the services and reactivating the services after the end of such period.
G.2.6 Termination

G.2.6.1 By the Employer

The Employer may terminate this contract, by not less than sixty (60) days within notice of termination to the consultants, to be given
after the occurrence of any of the events specified in paragraphs (a) to (b) of this clause G.2.6.1.

a.If the consultants do not remedy a failure in the performance of their obligations under the contract within sixty (60) days of receipt of being
notified or within such further period as the Employer may have subsequently approved in writing.

b.If the consultants become insolvent or bankrupt.


G.2.6.2 By the Consultants

The consultants may terminate this contract, by not less than sixty (60) days written notice to the Employer, such notice to be given after
the occurrence of any of the events specified in paragraphs (a) of this clause G.2.6.2

a.If the Employer fails to pay any money due to the consultants pursuant to this contract and not subject to dispute pursuant to clause G.6 hereof
within forty five (45) days after receiving written notice from the consultants that such payment is overdue.

G.2.6.3 Payment upon Termination

Upon termination of this contract pursuant to clauses G.2.6.1 or G.2.6.2 hereof, the Employer shall make the following payments to the
consultants:

a.Remuneration pursuant to clause G.5 for services performed prior to the effective date of termination;

b.Except in the case of termination pursuant to paragraphs (a) and (b) of Clause G.2.6.1, reimbursement of any reasonable cost incident to the
prompt and orderly termination of the contract, including the cost of the return travel to the consultant’s personnel and their eligible
dependents.

G.3.0 OBLIGATIONS OF THE CONSULTANTS

G.3.1 General

G.3.1.1 Standard of Performance

The consultant shall perform the services and carry out their obligation
hereunder with all due diligence, efficiency and economy, in accordance
with
generally accepted professional techniques and practices, and shall observe
sound management practices, and employ appropriate advance technology and
safe methods. The consultant shall always act, in respect of any matter relating
to this contract or to the services, as faithful advisers to the Employer, and
shall at all times support and safeguard the Employer’s legitimate interests in
any dealings with sub-consultants or Third Parties.

G.3.2 Conflict of Interests

G.3.2.1 Consultants not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultants pursuant to this contract shall constitute


the Consultants’ sole remuneration in connection with this contract or the
services, and the consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with activities
pursuant to this contract or to the services or in the discharge of their
obligations under the contract.

G.3.2.2 Consultants and Affiliates not to be Otherwise Interested in Project

The consultants agree that, during the term of this contract and after its
termination, the consultant shall be disqualified from providing goods, works
or services which may result in conflict of interest.

G.3.2.3 Prohibition of Conflicting Activities

The consultant shall not engage, either directly or indirectly, in any of the
following activities:

a.During the terms of this contract, any business or professional activities which would conflict with the activities assigned to them under this
Contract; or

b.After the termination of this Contract, such other activities as may be specified in the SCC.

G.3.3 Confidentiality
The consultant shall not disclose any proprietary or confidential information relating to the project, the services, this contract or the
Employer’s business or operations without the prior written consent of the Employer.

G.4.0 OBLIGATIONS OF THE EMPLOYER

G.4.1 Assistance and Exemptions

The Employer shall use its best efforts to ensure that the Government shall provide the consultants such assistance and exemptions as
required from time to time.
G.4.2 Change in the Applicable Law

If, after the date of this contract, there is any change in the Applicable Law
with respect to taxes and duties which increases or decreases the cost of
services rendered by the consultants, then the remuneration and reimbursable
expenses otherwise payable to the consultants under this contract shall be
increased or decreased accordingly by agreement between the parties and
corresponding adjustments shall be made to the amounts referred to in Clauses
as the case may be.
G.4.3 Services and Facilities

The Employer shall make available to the consultants the services and
facilities available in the Appendix-C.

G.4.4 Arbitration/ Court Cases with Contractor(s)/ Supplier(s)


In case of arbitration / court cases, the Consultant shall assist in defending
the
Employer, however, Employer shall reimburse/bear all the expenses
towards
legal fees & cost to the consultant. The cost of Arbitration Award/Court
decree if any, shall also be borne by the Client.

G.5.0 PAYMENT TO THE CONSULTANTS

G.5.1 Contract price

The price payable is set forth in the Appendix-B

G.5.2 Terms and Conditions of Payment


Payments will be made to the account of the Consultants and according to
the
payment schedule started in the Appendix-B.

G.6.0 SETTLEMENT OF DISPUTES

G.6.1 Amicable Settlement


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

G.6.2 Dispute Settlement


Any dispute between the parties as to matters arising pursuant to this
contract
which cannot be settle amicably within thirty days after receipt by one
party of
the other party’s request for such amicable settlement may be submitted
by
either party for settlement in accordance with the provisions specified
in SCC.
SPECIAL CONDITIONS OF CONTRACT (SCC)

S.1.1 The addresses are:

For the Employer: Director, Lokopriya Gopinath Bordoloi


Regional Institute of Mental Health
(LGBRIMH), Post Box No.15,
Tezpur- 784001, Assam.

Attention: Director, LGBRIMH


Telex:
Phone:
Facsimile:
Gram:
For the Consultants: HSCC (India) Ltd.,
E-6(A), Sector-1, Noida,
(U.P)-201301

Attention: Chief General Manager (PG-1)


Phone: 01202519979
Facsimile: 95-120-2542447
Gram:

S.1.2 The Authorized Representatives are:

For the Employer:

Director, Lokopriya Gopinath Bordoloi Regional Institute of


Mental Health (LGBRIMH), Post Box No.15,
Tezpur- 784001, Assam.

For the Consultants:

HSCC (India) Ltd.,


E-6(A), Sector-1, Noida, (U.P)-201301

S.1.3 The date on which contract shall come into effect is:

The date of signing of contracts of both the parties.

S.1.4 The Contract period will be:

(i)28 months from the date of signing of this agreement, and defect liability period of 12 months after completion of the work (total 40 months)
for “Construction of Library and Informatics Centre”

(ii)22 months from the date of signing of this agreement, and defect liability period of 12 months after completion of the work (total 34 months)
for “Construction of Sports Complex (PH-I)” at Lokopriya Gopinath Bordoloi Regional Institute of Mental
Health, Tezpur, Assam.

S.1.5 Arbitration between Public Sector Enterprises Interns/Government Departments

1.In the event of any dispute or differences relating to the interpretation and application of the provisions of the agreement, such dispute or
difference shall be referred by either party to the arbitration as per the instructions (Office Memorandums/Circulars) issued by the
Government of India from time to time with regard to arbitration between one Public Sector Enterprise interns.
2.Subject to any amendment that may be carried out by the Government of India
from time to time, the procedure to be followed in the arbitration shall be as contained in D.O. No. 15 (9)/ 86-BPE (Fin) dated
29.03.1989 of the Department of Public Enterprises, Ministry of Industry or any modification issued in this regard. Arbitration
proceedings shall be held at Tezpur, Assam.

S.1.6 Liability of Consultant :

The Consultant shall be liable only for services rendered by him in accordance with provisions of this agreement and if client suffered
any loss, due to gross negligence acts/omissions of the Consultant in performance of its obligations under this agreement, then
notwithstanding anything contained in this agreement. Maximum liability of Consultant shall not exceed 0.5% of the consultancy fees
paid.

DESCRIPTION OF THE SERVICES Appendix-A

A.1.0 Scope of the Work

A.1.1 Detailed Architecture, Design and Engineering

A-1.1 Detailed Architectural, Design and Engineering Consultancy

a)HSCC shall provide the design consultancy services, prepare and submit drawings and design specifications, for the following field/ services
as may be required for the project:

A.“Construction of Library and Informatics Centre”


B.“Construction of Play Ground (PH-I)”

i.Architectural Planning and Design


ii.Structural Designs
iii.Electrical systems including power distribution and complete internal and external lightning, fire detection and alarm system, intercom
system, acoustic and public address system, closed circuit television, channel music and other electrical / electronic control and display
systems including metering facilities, generators, UPS stabilized Air power conditioners, air conditioning, air cooling, heating and
ventilation system.
iv.Locational, architectural and structural planning of specialized services such as gas pipelines, water treatment etc.
v.Sanitary, water supply and sewerage, plumbing and fire fighting systems including fire protection.
vi.Signage, Graphic and landscaping.

b)HSCC shall prepare a programme for submission of drawing, detailed estimates and NIT drawings, within two weeks from the date of signing of
this agreement and receipt of the first instalment of advance fee whichever is earlier and submit the same to the Employer.

c)HSCC shall prepare preliminary designs, cost estimates, tender drawings, detailed cost estimates, NIT documents, drawings depicting interior
layouts and schematics with all specifications viz. Architectural, Electrical, Air conditioning/ Air cooling for various areas required to
undertake the construction of the project.

d)HSCC shall prepare all drawings including all necessary architectural and engineering details to suitable scale, to enable the contractors to prepare
soft drawings, bar bending schedules, etc. and all such other details of works as are required for execution of the Project and modify the
same if so decided by any authorized officer of Employer and submit the same for Administrative approval. Administrative approval will
be given by Employer within 10 days. Thereafter HSCC shall be responsible for ensuring timely and quality construction generally as
per the approved drawings and make minor modifications/ improvements in design, if required, as per the actual requirements at site.

e)HSCC shall ensure that all drawings/ designs are prepared in accordance with the relevant by-laws of Local Authority, Indian Electricity Rules and
Indian Standard specifications as amended up to date or as per sound engineering practice. Charges of proof checking if any will be
reimbursed to HSCC on actual basis.

f)HSCC will certify that Structural drawings has been checked and found correct by IIT/NIT or any other renowned Govt. Institute.

A-1.2 Project Management Services

a)HSCC shall undertake the Design and Construction Management for


“Construction of Library and Informatics Centre” and “Construction of Sports
Complex (PH-I)” at Lokopriya Gopinath Bordoloi Regional Institute of Mental Health (LGBRIMH), Post Box No.15, Tezpur- 784001,
Assam.

b)HSCC shall prepare programme for completion of the work within the timeline and monitor the same and submit periodical progress report.

c)HSCC shall prepare pre-qualification documents in its standard format and invite prequalification bids. The bids shall be evaluated by a committee
of HSCC Employer and duly approved by Employer. Only parties prequalified shall be allowed to quote.

d)Tenders shall be invited from prequalified parties on the bidding documents by HSCC. The bids received shall be evaluated by the committee
consisting of Employer & HSCC. Recommendations of committee shall be forwarded to Employer for approval and placement of order
by Employer. The approval shall be given by Employer within 10 days.

e)After approval of Employer, agreement shall be signed by HSCC on behalf of Employer, with contractor/s for the execution of works. Two copies
of the agreement shall be given to Employer for their record/release of fund for R/A payment as owner/ Principal employer.

f)HSCC shall operate the contract and supervise and monitor the works and certify the measurement for payments to the contractor(s) as per the
value of the works actually executed at site in terms of contract agreement with the contractor to ensure timely completion and quality of
work.

g)HSCC shall deploy appropriate field staff at site to supervise and monitor the work till the completion of the project ensuring workmanship and
execution according to drawings and specifications generally conforming to CPWD specifications and BIS codes. HSCC shall coordinate
various services and activities. HSCC shall ensure soundness of construction and structural stability of works undertaken.

h)The payment to the contractor(s) shall be made by HSCC (I) Ltd. after certification of measurements. HSCC would also certify that the work has
been executed as per the drawings, specifications and as per the site order book/ project requirements.

i)The defects liability/ maintenance period shall be for a period of one year from the date of completion of works by the contractor.

j)On completion of works by the contractor as per the Scope of work detailed out in the contract, the works will be taken over by Employer as owner
after submission of certification by HSCC.

k)On completion of works by the contractor, HSCC shall issue completion certificates in terms of the agreement with the contractor and supply
statement of expenditure.

l)The supply of ‘As build drawings,’ inventory lists and operation and maintenance manuals shall be included in the scope of contractor and shall be
submitted to Employer after verification by HSCC.

m)HSCC shall assist Employer in satisfying Chief Vigilance Commissioner (Chief Technical Examiner Wing) as and when the works are
technically examined by them. HSCC shall furnish the replies to all the quarries of CVC/ CTE and/ or of Govt. Audit relating to the said
work and shall ensure compliance of the instructions issued by them.

n)Field laboratory to be set up by the contractor under HSCC’s supervision. All field/laboratory tests required for the work shall be carried out
generally as per CPWD specifications and BIS codes.

o)All the requirements of the local labour by laws and/ or any other Govt. body shall be abided by the contractor & HSCC.

p)HSCC shall incorporate the standard clause for arbitration in the contracts awarded by them to different contractor/s. The sole arbitrator shall be
appointed by HSCC out of the panel of arbitrators approved by Employer.

q)Any tests survey work required to be carried out beyond the contractor’s scope shall be paid for at actual by Employer and shall be included in the
project cost.

r)HSCC shall conduct meetings with representatives of Employer as and when required to review the progress, expenditure and other issues relating
to the project. A record note of the meetings shall be sent by HSCC to the Employer for their perusal along with a copy to the Chairman
Project Monitoring Committee/ Chairman Building Committee/ Ministry.
s)HSCC shall assist in obtaining completion certificate from local civil authorities if needed. Any expenses incurred in connection with the statutory
approval shall be paid by Employer. All submission drawings, statutory forms/ documents required to be signed by Employer.

PAYMENT SCHEDULE- APPENDIX-B

1. The total Project Cost approved by SFC for “Construction of Library and Informatics
Centre” is Rs. 23.43 Cr. and for “Construction of Sports Complex (Ph-I) is Rs.
2.49Cr. and details are as given below:

Project Cost (Rs.) Consultancy Manpower (Rs.) Total SFC


Charges (Rs.) Cost (Rs.)
Construction of Library and 20.50 Cr. 1.21 Cr. 1.72 Cr. 23.43 Cr.
Informatics Centre
Sports Complex (Ph-I) 1.605 Cr. 0.095 Cr. 0.79 Cr. 2.49 Cr.

2. The total amount of Consultancy fee for construction (civil, electrical etc. works) will
be 5% of the final cost + GST as applicable by the Govt. For procurement of furniture
etc. will be 2% of the cost of procurement of furniture + GST as applicable by the
Govt.
The breakup of consultancy fee of 5% is as under:

A. Fees Stages Fees%

A.1 DESIGN & DETAILED ENGINEERING


(Building & Services)

(a) Preparation of conceptual architectural plans 0.50%

(b)Preparation of submission drawings for local bodies/

Authorities and submission to local bodies. 0.50%


(c) Preparation of tender documents including bills for
quantities, estimated project cost, technical specifications. 1.00%

(d)Preparation of detailed engineering drawings for internal and external electrical services, water supply, sanitary

sewerage, etc. based on detailed architectural plans. 0.50%

(e)Preparation of RFC (Released for construction) drawings

(a) Architectural 0.50%


(b) Structural 0.50%
_______________
Sub – total of A.1 3.50%

A.2 Project Management Services (Building & Services)


(On Pro-rata basis)

(a) Pre-qualification of contractors, issue of tenders , 0.10% on


Receipt, technical and financial Scrutiny. submission
Its submission to Hospital Authority. 0.10% on
approval

(b)Supervision of execution/ installation works 1.00%


of the contractors, quality control, checking/
verification of their monthly running and final bills, etc.

(c) On the substantial completion of the work 0.10%

(d) On handing over 0.10%


(e) On issue of provisional occupancy certificate by 0.10%

local bodies.

_______________

Sub-total of A.2 1.50%

TOTAL FEES (A.1 +A.2) 5.00% + Service Tax as


applicable.

(f) There will be no cost escalation in the consultancy charges.

4.The Consultancy cost is based on the execution of the work “Construction of Library and Informatics Centre” in 28 months and for the work
“Construction of Sports
Complex (Ph-I)” in 22 months and one year defect liability period from the date of completion of both the works. In case project duration
increases and the cause for such delay is not accountable on part of the Consultant additional Consultancy fee shall be paid to the
Consultant on pro-rata basis.

5.In case there is a delay in completion of the Project (Library and Informatics Centre and Sports Complex Ph-I) and the delay is solely
attributable to the consultant, the consultant is liable to LD of 0.5% of the HSCC consultancy fee per week of delay of delayed portion of
construction subject to a maximum of 4% of the total consultancy fee of delayed portion of construction work.

6.An advance deposit equivalent to 10% of Project Cost will be made available to HSCC for payment to project related miscellaneous
expenditure including statutory fees etc & contractor’s payment. Thereafter advances equivalent to three months payment to contractor
and for other miscellaneous expenses will be made available to HSCC on quarterly basis as a revolving fund for uninterrupted payments
to the agency and progress.

7.Interest earned on project funds released by the Institute will be accounted against the project.

8.HSCC shall submit statement of expenditure incurred in a particular quarter within one month of incurring such expenditure. HSCC shall
submit quarterly requirement of funds 15 days in advance of such requirement. The same shall be paid to HSCC within 15 days.

9.Any expenditure on Taxes, royalty, duties, stamp duty, turnover tax/works contract tax, court/arbitration award to the contractor, legal charges
etc. shall be borne by Employer.

B.1 Terms of payment

(i)For consultancy & project management services for building and services construction.

The payment terms are as under:-

a.10% of the consultancy fees plus GST as applicable of the entire project on signing of agreement will be made available to HSCC which
will be got adjusted progressively in stage payments of Agreement price.
b.An amount of 10% or more of the project cost as a revolving fund will be made available to HSCC for payment to project related
miscellaneous expenditure including statutory fees & contract’s payment. Thereafter advances equivalent to three months payment to
contractor and for other miscellaneous expenses will be made available to HSCC on quarterly basis as revolving fund for uninterrupted
payments to the agency and progress. The interest accrued on the project fund deposits to be accounted against the project.

c.Further payments shall be released by Hospital Authority on request of HSCC on submission of progress report. However quarterly funds
requirement shall be furnished to Hospital Authority.
d.Running payments for consultancy fee for consultancy shall be based on preliminary / detailed cost estimates (the current SFC cost for
Building & Services and furniture’s) as the case may be and debitable to the deposit amount progressively. However final consultancy
fee will be based on final project cost.
e.HSCC shall submit quarterly statement of expenditure within 15 days and the same shall be got confirmed by the Hospital Authority.
f.HSCC shall submit all bills and settle the advance account and shall arrive at final project cost with all supporting bills and documents and
close the account on closure of the project.

g.The final payment for the above services will be adjusted on the final cost arrived on the final bill of projects (detailed at clause B.2
hereinafter).

A reasonably furnished office accommodation at site including electricity, water, transportation shall be included in the scope of the
contractor to be provided to HSCC or may be arranged directly by HSCC & cost to be borne by the contractor.
Arrangement for water and electricity for construction purpose shall be arranged by the contractor.
All documents relating to the labour license, submission of drawings to statutory authorities for obtaining necessary clearances etc. is to
be signed / endorsed by Principal employer/ employer/ Client.
On completion of works by the contractor and after submission of certification by HSCC, as per the Scope of Work detailed out in the
contract, the works will be taken over by Employer as owner.
Employer shall appoint the agency to carry out the work related to Soil Investigation, Topographical, Hydrological and other
Investigations/Surveys required to execute the works and cost for the same shall be borne by the Client.
Employer shall provide approvals required as mentioned in different clauses of this Contract and any approval required in the execution
of project.
Employer shall help in obtaining statutory approvals from statutory and local bodies and sign all the documents, drawings, application
for labour license etc. as required.
Land/Fronts free from any encumbrances shall be made available to the contractor for construction.
SERVICES AND FACILITIES TO BE PROVIDED BY EMPLOYER APPENDIX-CC.1

C.2

C.3

C.4

C.5

C.6

C.7

C. 8

C.9 Employer shall nominate representatives for prequalification/Tender opening and evaluation.

C.10 Employer will appoint a nodal officer for smooth functioning of the project.

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