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FORMAT FOR JV / CONSORTIUM AGREEMENT

(On non-judicial stamp paper worth Rs.100)

JOINT VENTURE / CONSORTIUM AGREEMENT


This Joint Venture / Consortium Agreement made at _______ on this
day of ___/____/___ between:

1. M/s....../ Sri ... ............ R/o


(Hereinafter referred to as party of the First Part).

And
2. M/s....../ Sri ... ............ R/o

(Hereinafter referred to as party of the Second Part).

WHEREAS the party of the First Part is a Consultant undertaking Consultancy


services.

WHEREAS the party of the Second Part is a Consultant undertaking Consultancy


services.

WHEREAS the parties, hereto have associated themselves into a Joint Venture/
Consortium for the purpose of preparing and submitting Tender and successfully
executing the services for Empanelment of Project Management Consultants for
Infrastructure and Building Works in Amaravati Capital City for which bids have
been invited by APCRDA vide Tender Notice No. _______________dated:
________________ of APCRDA

WHEREAS it is mutually decided by the parties hereto that the Joint Venture/
Consortium, that the part of the First Part viz., M/s...... / Sri....... would be submitting
bid on behalf of the Joint Venture/ Consortium as the Lead Member of the
Consortium/ Joint Venture.

Now therefore, it is hereby agreed and declared by and between the parties hereto
as follows:

Contd
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1. Definitions:
In this Agreement the following expression shall have the following meaning.
JOINT VENTURE / CONSORTIUM for the purpose of this agreement shall
mean acting in collaboration by the parties hereto in a Joint Venture /
Consortium.

JOINT VENTURE / CONSORTIUM shall mean all the parties to this


Agreement acting jointing and/or severally to execute the Consultancy
services.

The extent of such acting jointly and/or severally shall be as enumerated


below.

THE CONSULTANCY SERVICES shall mean, the works as described in


the Scope of services hereunder written and any sanctioned variations
thereto.

THE CONTRACT shall mean any contracts entered into by the Joint
Venture / Consortium with the Employer for the execution of the Consultancy
services.

THE EMPLOYER shall means, the APCRDA, GoAP, for the work as per
Notice No. ____________ dated: _____________

2. Preparation & Submission of Bids:

The parties of the Joint Venture (JV) / Consortium shall jointly prepare and
submit the bid documents in the name of the Joint Venture / Consortium
which shall be in such form and shall contain such items and conditions as the
employer shall require. After its preparation and submission as aforesaid, the
Joint Venture / Consortium shall be jointly and severally bound by the
provision of the tender or tenders and none of the party of the Joint Venture /
Consortium can vary or seek to vary the same without previous written
consent of the other.

Any bond, Guarantees or Indemnities required by or arising out of the terms


and conditions of the tender or contract shall be procured by the parties
proportionate to their share of participation or as agreed by mutual consent.

In connection with submission of the tenders and the execution of the


consultancy services, no party of this Joint Venture / Consortium shall in any
way act either alone or jointly with, by or through any other party in a manner
likely to be detrimental to the tender and/or execution of the consultancy
services.

3. The Acceptance of Bid:


If the employer accepts the bid, it shall be jointly and severally binding on
each member of the Joint Venture / Consortium. In that event, the Leader of
the Joint Venture / Consortium shall for an on behalf of the Joint Venture /
Consortium enter into a contract in consultation with the parties herein, with
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the employer to execute the consultancy services and the members of the
Joint Venture / Consortium do hereby jointly and severally bind themselves to
fulfil the contract and execute the services faithfully and perform and observe
all the terms and conditions thereon of both as to one another and to the
employer. If the said Joint Venture/ Consortium is successful in executing and
completing the said services, the parties of the Joint Venture / Consortium will
discharge the responsibilities of each as required for proper execution of
services.

4. Participation:
Each member of the Joint Venture / Consortium agrees to place at the
disposal of the Joint Venture/Consortium, the benefit of all its experience,
technical knowledge and skill and shall in all respects bear its share of
responsibility and burden of completing the contract. The parties herein agree
to be shall be jointly and severally responsible for delivering the quality and
timely scope of services.
The following is the agreed responsibility sharing matrix with division of scope
of services among the consortium members, which is purely internal
understanding of the consortium:

Illustrative responsibility matrix

S.No. Description of Party of First Party of


Scope of Part (Name Second Part
Services of Lead
Member)
1.
2.
3.
4.
5.
6.
7.

Name of the Company Technical & Financial


Distribution of Work
Leader of the Joint Venture /
Consortium
Financial responsibility for the
1. M/s .
entire work (....%)
Technical work: Execution of part
of the work (....%)
Financial responsibility for the
entire work (....%)
2. M/s .
Technical work: Execution of part
of the work (....%)

5. Execution and Control of services:


The performance of the contracts and execution of the works will be subject to
the overall control of a Supervisory Board, which will consist of
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representatives of all the parties hereto, holding Power of Attorney, subject to


the overriding authority of the supervisory board, execution and carrying out
works, co-ordinated, managed and directed by the project manager appointed
by the Leader of the Joint Venture / Consortium.

6. Working Capital and Banking Accounts:

As soon as necessary after acceptance of the tender, the Leader of the


Jointing Venture / Consortium shall open a separate Bank Accounts with the
concurrence of the parties with such bankers and at such places. The
members of the Joint Venture / Consortium shall contribute such sums
commensurate to their value of services to the said accounts as required for
proper performance of the contract. The said Banking Accounts shall be
operated in accordance with the instructions of the Supervisory Board.

7. Assignment:

No parties to this Agreement shall have the right to assign or its benefits or
liabilities under this Agreement to any other firm or person without obtaining
the prior written consent of the other parties.

8. Law:

All the disputes under this Agreement shall be subject to the jurisdiction of the
Vijayawada Courts only.

IN WITNESS WHEREOF the parties hereto have set the subscribed their respective
hands hereinto on the day month and year first herein above written.

SIGNED AND DELIVERED BY

1. M/s......../ Sri......
.....................

2. M/s......../ Sri......
.....................

Witness:

1.

2.

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