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Request for Proposal PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES FOR DESIGN, CONSTRUCTION SUPERVISION AND CONTRACT ADMINISTRATION OF RENEWABLE ENERGY DEMONSTRATION PARK AND COPORATE OFFICE BUILDING (GREEN BUILDING COMPLIANT) AT NAGARBHAVI, BANGALORE Quality and Cost Based Selection (QCBS) KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED December 2015 Request for Proposal
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Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

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Page 1: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Request for Proposal

PROJECT MANAGEMENT CONSULTANCY

(PMC) SERVICES FOR DESIGN, CONSTRUCTION SUPERVISION AND CONTRACT ADMINISTRATION OF

RENEWABLE ENERGY DEMONSTRATION PARK AND COPORATE OFFICE BUILDING

(GREEN BUILDING COMPLIANT) AT NAGARBHAVI, BANGALORE

Quality and Cost Based Selection (QCBS)

KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED

December 2015

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Page 2: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

DISCLAIMER

1. Though adequate care has been taken in preparation of this Request for Proposal (RFP)

document, the Individual Consultants / Consultancy Company / Firm / Consortium submitting

the detailed techno-commercial proposals in response to this RFP should satisfy itself that the

information provided in the RFP document is complete in all respects.

2. This RFP document is neither an agreement nor an offer by the Karnataka Renewable Energy

Development Limited (KREDL). The purpose of this RFP is to provide information to the

prospective Consultants that may be useful to them in the formulation of their proposal pursuant

to this RFP.

3. Karnataka Renewable Energy Development Limited (KREDL) and their employees do not make

any representation or warranty as to the accuracy, reliability or completeness of the information in

this RFP document and it is not possible for KREDL to consider particular needs of each party

who reads or uses this RFP document. Certain prospective Consultancy Company / Individual

Consultants / Firms / Consortium may have better knowledge of the Assignment than others.

Each prospective Bidder should conduct its own investigations and analysis and check the

accuracy, reliability and completeness of the information provided in this RFP document and

obtains independent advice from appropriate sources.

4. Neither KREDL nor their employees will have any liability to any prospective Consultancy

Company / Firm / Individual Consultant / Consortium or any other person under the law of

contract, tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense

or damage which may arise from or be incurred or suffered in connection with anything contained

in this RFP document, any matter deemed to form part of this RFP document, the award of the

Assignment, the information and any other information supplied by or on behalf of KREDL or their

employees, any consultants or otherwise arising in any way from the selection process for the

Assignment.

5. KREDL will not be responsible for any delay in receiving the proposals and reserves the right to

accept / reject any or all of proposals submitted in response to this RFP document at any stage

without assigning any reasons whatsoever. KREDL also reserves the right to withhold or

withdraw the process at any stage with intimation to all who submitted the RFP Application.

6. KREDL reserves the right to change / modify / amend any or all provisions of this RFP document.

Such changes shall be notified to all the bidders by KREDL.

Page 3: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 1

TABLE OF CONTENTS

Sr. No. Section Page No.

1. Letter of Invitation (LOI) 9 - 25

2. Instruction to Consultants (Including Data Sheets) 26 - 40

3. Technical Proposal – Standard Forms 41 - 55

4. Financial Proposal – Standard Forms 56 - 59

5. Terms of Reference (TOR) 60 - 82

6. Standard Form of Contratct 83 – 130

Page 4: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 2

KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED

(A GOVERNMENT OF KARNATAKA UNDERTAKING)

Office of the Managing Director,

No.39, “Shanthi Gruha”,

Bharat Scouts & Guides Building,

Palace Road, Bangalore - 560 001

Fax: 080 – 2225 7399; Ph: 080 – 2228 2220

e-mail: [email protected]

No.: KREDL.01.ADMN.356.BLDG.2015 dated: 03.12.2015

SHORT TERM TENDER NOTIFICATION

Sr. No. Description Details

1. Bid Enquiry No.: KREDL. 01. ADMN. 356. BLDG. 2015 dated: 03.12.2015

2. Scope of Services - PMC

Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore.

3. Total Cost of the Project (approximate)

Rs. 50.0 Crores (Including Building and Allied Services)

4. Duration 15 months from the date of Letter of Award (LoA)

5. Bid Security / Earnest Money Deposit (EMD)

Bids shall be accompanied by Bid Security (EMD) as given under:

a) Rs. 1,00,000/- through e-payment (for details refer https://eproc.karnataka.gov.in)

Page 5: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 3

Sr. No. Description Details

b) Government / Quasi Government / Public Sector under takings are not exempted from furnishing the Bid Security / EMD.

6. Qualifying Requirements of Bidder - General

a) The Bidder should be in the field of providing consultancy services / business for at least Three previous years from Bid Due Date. The Bidder should submit the Company Incorporation Certificate in this regard.

b) The Bidder can bid for the assignment either as an Independent Consultant or in the form of Consortium / Joint venture of bidders. There is no limit for members in a Consortium.

c) The Bidder may have in-house Architects and other consultants like Interior Design Consultant, Lighting Consultant, HVAC Consultant, MEP Consultant, Green Building Consultant etc or he can form a Consortium with other Consultants to qualify for Bid and execute the Scope of Services.

d) In case, the Bidder does not have any in-house specific services then they can form a Consortium / JV with other Consultants for the tie up services. The Consortium should clearly state the Lead Member and other Members and Roles and Responsibilities.

e) In case of Joint Venture, letters from each member, confirming their willingness to be a member of the proposed JV, should be submitted along with the application.

f) The Bidder (if application is submitted individually) or all the members of JVs including the Lead Member must submit an Notarised Affidavit for the following:

The Company / Firm should not have suffered bankruptcy / insolvency in the last

Page 6: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 4

Sr. No. Description Details three years;

The Company / Firm should not have been blacklisted by any Government / Public Sector Organization;

The Company / Firm should not have abandoned projects / contract works incomplete;

g) The Bidder should have a valid registration of Service Tax.

7. Qualifying Requirements of Bidder – Technical Strength

a) The Bidder should have the experience of supervising the project implementation work at site for at least 2 (two) Commercial / Residential Buildings / Renewable Demonstration Parks of an area of at least 25,000/- sq. feet at single location. The building should be in possession of owner / tenant and operational from last 6 (six) months.

b) The Bidder should have undertaken the complete Project Development activities from concept to commissioning (which includes Design, estimation, Civil, Mechanical, Electrical and Plumbing Fire Fighting (MEP) Services, Heating, Ventilating and Air Conditioning (HVAC), Access Control, Computer networking, Interiors, design of building with Green House Concept, Renewable Demonstration Park (optional), Selection of Engineering, Procurement and Construction (EPC) agency, approval of bills of EPC etc.) for at least 2 (two) Commercial / Residential Buildings / Renewable Demonstration Park and the Letter of Award (LoA) should have been placed to the successful EPC Contractor.

c) Satisfactory Completion Certificates from Clients shall be submitted.

Page 7: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 5

Sr. No. Description Details

8. Qualifying Requirements of Bidder – Financial Strength

a) The Bidder should have minimum Turnover of Rs. 25.0 Lacs (Rupees Twenty Five Lac only) as on March 31, 2015. The Bidder shall submit annual Audited Balance Sheet duly certified by Statutory Auditor.

b) The Bidder should have at least Rs. 15.0 Lacs (Rupees Fifteen Lacs only) as Liquid Assets as on March 31, 2015.

The Liquid Assets consists of

Cash In Hand + Cash at Bank + Term Deposits + Availability of Credit Facility in any scheduled Commercial Bank.

The Bidder shall submit the Liquid Asset Certificate duly certified by Statutory Auditor / Chartered Accountant as on March 31, 2015.

The availability of credit facility shall be supported by a Certificate (Specimen for Bank Certificate noted below) issued by any scheduled Commercial Banks with whom the Bidder has banking facilities.

Specimen for Bank Certificate:

This is to certify that Mr. / Ms. / M/s. ------------------------------ have the following balances and credit facilities as on March 31, 2015.

Cash at Bank Rs. ----------------

Term Deposit Rs. -----------------

Credit facilities Rs. -----------------

Total Rs. -------------------

9. General Conditions

a) The Bidder shall note that KREDL may not award the work to successful Bidder, even if it is lowest quoted bidder (L1), if in opinion of KREDL based on its experience, the firm may not

Page 8: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 6

Sr. No. Description Details perform well in execution of work and may delay in execution because of its existing works on hand. The judgment of KREDL shall be final in this case.

b) In the event the information furnished by the bidder is found to be false at any stage of Bidding, or in the event of any misrepresentation by the Bidder, KREDL at its discretion may take action against such Bidders who shall be liable to forfeit the Bid Security / EMD and KREDL shall in such event disqualify the offer of such Bidder, and blacklist the firm. In the event of the information furnished by Bidder is found to be false during the execution stage, then KREDL at its liberty shall cancel the work awarded other than forfeiting the Performance Guarantee executed against the contract and shall black list the Bidder and recover the Losses and Levy liquidated damages.

c) The Bidder shall provide an index in the technical bid indicating the page nos. with reference to the documents submitted as proof against all the requirements in the bid including the eligibility criteria. The documents so provided in the indicated page nos. only will be considered for evaluating the proposals. If the Bidder has provided such documents in the Bid and not indicated in the index or indicated wrongly, then such documents will not be considered for evaluation.

d) The Bidder has to furnish successful work completion certificate for proof against eligibility criteria giving clear description of the activities carried out in the assignment for which the certificate is issued failing which such Bid will not be considered for evaluation.

10. Bid Documents Bid documents will be available from 10.03.2015 on e-procurement portal.

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 7

Sr. No. Description Details

11. Calendar of Events

11.1 Notice Inviting Tender (NIT) 03.12.2015

11.2 Pre Bid Meeting Date 15.12.2015 at 11.00 AM

11.3 Bid Due Date 21.12.2015 at 4.00 PM

11.4 Date of Opening of Proposals Technical Proposals: 23.12.2015 at 3.00 PM

The bidders can obtain the tender documents from web site free of cost. Tender

Documents consisting of Technical-Commercial Bids and Price Bids must be submitted

via the e-Procurement Portal of the Government of Karnataka

(https://eproc.karnataka.gov.in) on or before 3.12.2015 at 5.00 PM. The Bid Forms and

Price Bid must be submitted in electronic mode in respective slots via the e-Procurement

Portal only.

Prospective Bidders must have registered as a Consultant by obtaining a user ID and

Password in order to participate in the e-Procurement Process. Any Bidder not already in

possession of an ID and Password shall complete this requirement well in advance of the

date for bid submission by following the registration instructions provided on the

e-Procurement Portal.

When submitting bids via the e-Procurement Portal, an e-Procurement Tender Processing

Fee must be paid as indicated in the e-procurement portal as per the instructions provided

on the e-Procurement Portal.

Any clarification regarding the scope of work and technical features of the project can be

obtained from the undersigned during office hours or Further information you may contact

Page 10: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 8

1. Assistant General Manager – Accounts, KREDL

KREDL : 080-22207851

Fax : 080-22257399 Email : [email protected];

2. For obtaining user ID & Password, e-procurement clarification / problems, please contact

080-25501216.

Sd/-

Assistant General Manager - Accounts KREDL, Palace Road, Bangalore

Page 11: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 9

SECTION - 1

LETTER OF INVITATION

Page 12: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 10

KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED (A GOVERNMENT OF KARNATAKA UNDERTAKING)

Office of the Managing Director,

No.39, “Shanthi Gruha”, Bharat Scouts & Guides Building, Palace Road, Bangalore - 560 001

Date: _________

LETTER OF INVITATION To, (Name of the Selected Bidder and Address) Dear Mr. / Ms. / M/s., The Managing Director, KREDL invites proposals from prospective Individual Consultants / Consulting Companies / Firms / Consortium to provide “Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarabhavi, Bangalore”. The detailed scope of services to be performed by the PMC is provided in Section 5: Terms of Reference (TOR). 1. This document will not be transferable from one Consultant to other Consultant / Company

to Company. 2. A firm will be selected under Quality and Cost Based Selection Method (QCBS) and

procedures described in this RFP, in accordance with the policies of the KREDL. 3. The RFP includes the following documents:

Section 1 - Letter of Invitation Section 2 - Instructions to Consultants (including Data Sheet) Section 3 - Technical Proposal - Standard Forms Section 4 - Financial Proposal - Standard Forms Section 5 - Terms of Reference Section 6 - Standard Forms of Contract, GCC & SCC

Yours Sincerely,

Sd/- Assistant General Manager – Accounts,

KREDL

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 11

INSTRUCTIONS TO CONSULTANTS

DATA SHEET

1.1. The Name of the Client is:

M/s. Karnataka Renewable Energy Development Limited (KREDL)

The Managing Director, No.39, “Shanthi Gruha”, Bharat Scouts & Guides Building, Palace Road, Bangalore - 560 001

1.2. Name of the Assignment:

Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore.

The detailed scope of Services to be performed by PMC is specified in Section 5: Terms of Reference (TOR).

1.3. Pre – Bid Meeting: 15.12.2015 at 11.00 AM.

1.4. Mode of Bid Submission:

Technical and Financial Proposal to be submitted through E-Procurement website (https://eproc.karnataka.gov.in).

Any Financial Proposal submitted as a part of Technical Proposal will be rejected.

The Technical and Financial proposal shall be submitted in separate slots mentioned in E – Procurement website.

1.5. Validity of Bid / Proposal: 90 days from the Bid Due Date.

1.6. Clarifications / suggestions to be addressed in writing not later than 5 days from the date of submission of bids. Managing Director, KREDL, No.39, “Shanthi Gruha”, Bharat Scouts & Guides Building, Palace Road, Bangalore - 560 001 Tel.: + 080 22207851 / Fax: + 080 22257399 E-mail: [email protected]

1.7. Proposals shall be submitted in the following Language : English

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 12

1.8. Consultants may associate with other Consultants : Yes

1.9. The estimated duration / period of the Assignment : 15 months

1.10. Consultants are responsible for payment of all taxes as applicable in India. Consultants are requested to consult tax consultants for details.

1.11. Consultant to state local cost in the national currency : Yes

1.12. Proposals must be submitted on the following date and time:

E - Procurement mode: 21.12.2015 before 4.00 PM

Note: If for any reason the proposal submission day happens to be a holiday, then the next working day will be the proposal submission day (the time for submission will remain)

1.13. Qualifying Requirements / Eligibility Criteria of Bidder - General:

a) The Bidder should be in the field of providing consultancy services business for at least Three years from the Bid Due Date. The Bidder should submit the Company Incorporation Certificate in this regard.

b) The Bidder can bid for the assignment either as a sole / Independent Consultant or in the form of Consortium / Joint venture of bidders. There is no limit for members in a Consortium.

c) The Bidder may have in-house Architects and other consultants like Interior Design Consultant, Lighting Consultant, Heating, Ventilating and Air Conditioning (HVAC) Consultant, Mechanical, Electrical and Plumbing (MEP) Consultant, Green Building Consultant etc.

d) In case, the Bidder does not have any in-house specific services then they can form a Consortium / JV with other Consultants for the tie up services. The Consortium should clearly state the Lead Member and other Members and Roles and Responsibilities of each member.

e) In case of Joint Venture, letters from each member, confirming their willingness to be a member of the proposed JV, should be submitted along with the application.

f) The Bidder (if application is submitted individually) or all the members of JVs including the Lead Member must submit an Notarized Affidavit for the following:

The Company / Firm should not have suffered bankruptcy / insolvency in the last three years;

Page 15: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 13

The Company / Firm should not have been blacklisted by any Government / Public Sector Organization;

The Company / Firm should not have abandoned projects / contract works incomplete;

g) The Bidder should have a valid registration of Service Tax.

1.14. Qualifying Requirements / Eligibility Criteria of Bidder – Technical Strength

a) The Bidder should have the experience of supervising the project implementation work at site for at least 2 (two) Commercial / Residential Buildings / Renewable Demonstration Parks of an area of at least 25,000/- sq. feet. The building should be in possession of owner / tenant and operational from last 6 (six) months.

b) The Bidder should have undertaken the complete Project Development activities from concept to commissioning (which includes Design, estimation, Civil, Mechanical, Electrical and Plumbing Fire Fighting (MEP) Services, HVAC, Access Control, Computer networking, Interiors, design of building with Green House Concept, Renewable Demonstration Park, Selection of EPC agency, approval of bills of EPC etc.) for at least 2 (two) Commercial / Residential Buildings / Renewable Demonstration Park and the Letter of Award (LoA) should have been placed to the successful EPC Contractor.

c) Satisfactory Completion Certificates from Clients shall be submitted.

1.15. Qualifying Requirements / Eligibility Criteria of Bidder – Financial Strength

a) The Bidder should have minimum Turnover of Rs. 25.0 Lacs (Rupees Twenty Five Lac only) as on March 31, 2015. The Bidder shall submit annual Audited Balance Sheet duly certified by Statutory Auditor.

b) The Bidder should have at least Rs. 15.0 Lacs (Rupees Fifteen Lacs only) as Liquid Assets as on March 31, 2015. The Liquid Assets consists of

Cash In Hand + Cash at Bank + Term Deposits + Availability of Credit Facility in any scheduled Commercial Bank.

The Bidder shall submit the Liquid Asset Certificate duly certified by Statutory Auditor / Chartered Accountant as on March 31, 2015.

The availability of credit facility shall be supported by a Certificate (Specimen for Bank Certificate noted below) issued by any scheduled Commercial Banks with whom the Bidder has banking facilities.

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 14

Specimen for Bank Certificate:

This is to certify that Mr. / Ms./M/s. ------------------------------ have the following balances and credit facilities as on March 31, 2015.

Cash at Bank Rs. ----------------

Term Deposit Rs. -----------------

Credit facilities Rs. -----------------

Total Rs. -------------------

1.16. BASIC QUALIFICATION AND EXPERIENCE OF THE PMC TEAM:

1. Project Manager (Team Leader)

Graduate / Post Graduate in Architecture with 15 or more year‟s professional experience in Project Management of similar projects in planning, construction, contract management, quality management etc.

Age Limit : 55 years

2. Site Team Leader

B. Arch. or B.E. (Civil) / Post Graduate in Arch. or Civil with 10 or more years of professional experience in similar projects. Should have served minimum 5 years in similar capacity. Extensive experience of project & contract management, construction supervision essential.

Age Limit : 50 years

3. Design Engineer - Civil:

B.E (Civil) / Post Graduate (Civil) with 10 or more years of professional experience in designing of similar projects.

Age Limit : 50 years

4. Design Engineer - Electrical:

B.E (Electrical) / Post Graduate (Electrical) with 10 or more years of professional experience in designing of similar projects.

Age Limit : 50 years

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 15

5. Site Engineer - Civil

Diploma in Civil Engg. or Graduate in Civil Engg. with 8 or more years of professional experience in site supervision.

Age Limit : 50 years

6. Site Engineer - Electrical

Diploma in Electrical Engg. or Graduate in Electrical Engg. with 8 or more years of professional experience in site supervision.

Age Limit : 50 years

7. Quality Control Engineer - Civil

Degree in Civil Engineering with 5 years experience in testing of materials and developing quality management systems.

Age Limit : 50 years

8. Quality Control Engineer - Electrical

Degree in Electrical Engineering with 5 years experience in testing of materials and developing quality management systems.

Age Limit : 50 years

The Consultant will be responsible for deployment of additional staff for efficient and complete supervision of works as and when required. The CV’s of team members shall

be included in the proposal along with documentary proof of qualification and experience, their written consent (duly signed) and availability.

a. EVALUATION CRITERIA:

The proposals of the participating firms who meet the eligibility criteria stated in clause 1.13, 1.14, 1.15 and 1.16 above only will be considered for evaluation and awarded points. It is hereby clarified that the judgment of KREDL shall be final in this case of evaluation of the criteria contemplated in this section 1.17.

Criteria, sub-criteria, and point system for the evaluation of Full Technical Proposals are: Clause Evaluation Criteria Points

(a) Specific experience of the Consultant / Firm related to this assignment. (i) Experience in similar nature and size of project 40

Total Points for Criterion (a) 40

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 16

Clause Evaluation Criteria Points

(b)

Adequacy of the proposed work plan and methodology in response to the TOR followed by presentation (if desired by evaluation committee) (i) Technical approach and methodology 08 (ii) Work plan 07 (iii) Organization and Staffing 05

Total Points for Criterion (b) 20

(c)

Key Professional Staff Qualification and Competence for the Assignment (a) Project Manager 15 (b) Site Team Leader 08 (c) Design Engineer 06 (d) Site Engineer 05 (e) Quality Control Engineer 06 Total points for criterion (c) 40

The number of points to be assigned to each of the above positions or disciplines shall be determined considering the following three sub-criteria and relevant percentage weights:

S. No: Criteria Weights, % 1. General Qualifications (i) Education 10% (ii) Overall Experience 15% (iii) Years with the Firm 05%

2. Adequacy for the Assignment (i) No. of Projects Completed 25% (ii) No. of similar Infrastructure Projects associated with 20% (iii) Years of experience on similar Infrastructure Projects 25%

Total Weight 100% Total Points for the Three Criteria : 100 Points.

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Note: 1. The minimum Technical Score St required to pass is 75 Points overall. 2. No points will be awarded if the minimum requirement for the criteria / sub criteria is

not met.

b. The formula for determining the financial scores is the following:

Sf = 100 x Fm / F,

in which Sf is the financial score,

Fm is the lowest price and

F is the price of the proposal under consideration.

The weights given to the Technical and Financial Proposals are: T = 0.75 and P = 0.25

Score (S) = (St x T) + (Sf x P)

The firm achieving the highest combined technical and financial score will be invited for negotiations.

c. Expected date and address for contract negotiations:

One month from issuance of RFP. The negotiations shall happen at the following address: The Managing Director, KREDL, No.39, “Shanthi Gruha”, Bharat Scouts & Guides Building, Palace Road, Bangalore - 560 001 Tel.: + 080 22207851 Fax: + 080 22257399 E - mail: [email protected]

d. Expected date for commencement of consulting services: From the date of issue of LoA.

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e. Basis for Awarding Points:

Sr. No.

Basis for Awarding Points Value Points

1. Specific experience of consultants relevant to the Assignment Experience in „similar work‟ and size of project.

40

a. Value of completed project for which consulting service was provided

≥ Rs. 10.0 Crores 30 points

For every addition of Rs. 1.0 Crore above Rs. 10.0 Crore

02 Point subjected to a total maximum

of 10 points

If experience and value of project completed is less than that mentioned in Sl. No. (a) above, then no point will be awarded.

2. Adequacy of the proposed methodology and work plan in responding to the Terms of Reference:

a. Technical approach and methodology

-- 08

b. Work Plan -- 07 c. Organization and Staffing -- 05 Total Points for Criterion (2) -- 20

3. Key Professional Staff Qualification and Competence for the Assignment

a. PROJECT MANAGER 15

Weightage General Qualification

i. Education: Max 10% Graduation in Architecture (B.Arch.) 7.5% Post Graduation (M. Arch.) 10.0%

ii. Overall Experience in years: Max 15%

More than 15 years and less than 20 years

11.25%

More than 20 years 15.0% iii. Years with the firm: Max 5%

More than 5 years and less than 7 years

3.75%

More than 7 years 5.0% Adequacy for the Assignment

i. No. of similar infrastructure projects completed as Team Leader / Project Manager

Max 25%

More than 2 and less than 4 projects 18.75% More than 4 and less than 6 projects 21.875% More than 6 projects 25%

ii. Experience in number of similar Infrastructure Projects Max 20% More than 5 and less than 7 projects 15%

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Sr. No.

Basis for Awarding Points Value Points

More than 7 projects 20% iii. Years of experience on similar Infrastructure Projects: Max 25%

As Team leader / Project Manager of more than 4 years and less than 6 years

18.75%

More than 6 years and less than 8 years 21.875% More than 8 years 25%

b. SITE TEAM LEADER Max points :

08

Weightage General Qualification

i. Education: Max 10% Graduation in Civil Engineering / Arch. 7.5 %

Post Graduation in Civil Engineering / Arch.

10.0%

ii. Overall Experience in Years Max 15%

More than 10 years and less than 15 years

11.25%

More than 15 years 15% iii. Years with the Firm Max. 5% More than 3 years and less than 5 years 3.75% More than 5 years 5% Adequacy for the Assignment i. No. of similar Infrastructure Projects completed as Site Team Leader Max 25% More than 2 and less than 4 projects 18.75% More than 4 and less than 6 projects 21.875% More than 6 projects 25%

ii. Experience in number of similar Infrastructure Projects Max 20% More than 5 and less than 7 projects 15% More than 7 projects 20%

iii. Years of experience on similar Infrastructure Projects Max 25% More than 5 years and less than 7.5 years 18.75%

More than 7.5 years and less than 10 years

21.875%

More than 10 years 25%

c. DESIGN ENGINEER - CIVIL Max Points :

03

Weightage General Qualification

i. Education Max 10% Graduation in Civil Engineering 7.5% Post Graduation in Civil Engineering 10%

ii. Overall Experience in years Max 15% More than 10 years and less than 15 11.25%

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Sr. No.

Basis for Awarding Points Value Points

years

More than 15 years 15%

iii. Years with the Firm Max 5% More than 3 years and less than 5 years 3.75% More than 5 years 5% Adequacy for the Assignment i. No of similar Infrastructure Projects completed as Design Engineer Max 25% More than 2 and less than 4 projects 18.75% More than 4 and less than 6 projects 21.875% More than 6 projects 25%

ii. Experience in number of similar Infrastructure Projects: Max 20% More than 5 and less than 7 years 15% More than 7 years 20%

iii. Years of experience on similar Infrastructure Projects: Max 25% More than 5 years and less than 7.5 years 18.75%

More than 7.5 years and less than 10 years

21.875%

More than 10 years 25%

d. DESIGN ENGINEER - ELECTRICAL Max Points :

03

Weightage General Qualification

i. Education Max 10% Graduation in Electrical Engineering 7.5% Post Graduation in Electrical Engineering 10%

ii. Overall Experience in years Max 15%

More than 10 years and less than 15 years

11.25%

More than 15 years 15% iii. Years with the Firm Max 5% More than 3 years and less than 5 years 3.75% More than 5 years 5% Adequacy for the Assignment i. No of similar Infrastructure Projects completed as Design Engineer Max 25% More than 2 and less than 4 projects 18.75% More than 4 and less than 6 projects 21.875% More than 6 projects 25%

ii. Experience in number of similar Infrastructure Projects: Max 20% More than 5 and less than 7 years 15% More than 7 years 20%

iii. Years of experience on similar Infrastructure Projects: Max 25%

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Sr. No.

Basis for Awarding Points Value Points

More than 5 years and less than 7.5 years 18.75%

More than 7.5 years and less than 10 years

21.875%

More than 10 years 25%

e. SITE ENGINEER - CIVIL Max Points :

2.5

Weightage General Qualification

i. Education Max 10% Diploma in Civil Engineering 7.5% Graduation in Civil Engineering 10%

ii. Overall Experience in Years Max 15% More than 8 years and less than 10 years 11.25% More than 10 years 15%

iii. Years with the Firm Max 5% More than 3 years and less than 5 years 3.75% More than 5 years 5% Adequacy for the Assignment i. No. of similar Infrastructure Projects completed as Site Engineer Max 25% More than 2 and less than 4 nos. 18.75% More than 4 and less than 6 nos. 21.875% More than 6 nos. 25%

ii. Experience in number of similar Infrastructure Projects Max 20% More than 5 and less than 7 projects 15% More than 7 projects 20%

iii. Years of experience on similar Infrastructure Projects Max 25% More than 5 and less than 7.5 years 18.75% More than 7.5 and less than 10 years 21.875% More than 10 years 25%

f. SITE ENGINEER - ELECTRICAL Max Points :

2.5

Weightage General Qualification

i. Education Max 10% Diploma in Electrical Engineering 7.5% Graduation in Electrical Engineering 10%

ii. Overall Experience in Years Max 15% More than 8 years and less than 10 years 11.25% More than 10 years 15%

iii. Years with the Firm Max 5% More than 3 years and less than 5 years 3.75% More than 5 years 5%

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Sr. No.

Basis for Awarding Points Value Points

Adequacy for the Assignment i. No. of similar Infrastructure Projects completed as Site Engineer Max 25% More than 2 and less than 4 nos. 18.75% More than 4 and less than 6 nos. 21.875% More than 6 nos. 25%

ii. Experience in number of similar Infrastructure Projects Max 20% More than 5 and less than 7 projects 15% More than 7 projects 20%

iii. Years of experience on similar Infrastructure Projects Max 25% More than 5 and less than 7.5 years 18.75% More than 7.5 and less than 10 years 21.875% More than 10 years 25%

g. QUALITY CONTROL ENGINEER - CIVIL Max Points :

03

Weightage General Qualification

i. Education Max 10% Graduation in Civil Engineering 10%

ii. Overall Experience in Years Max 15% More than 8 years and less than 10 years 11.25% More than 10 years 15%

iii. Years with the Firm Max 5% More than 3 years and less than 5 years 3.75% More than 5 years 5% Adequacy for the Assignment

i. No. of similar Infrastructure Projects completed as Quality Control Engineer

Max 25%

More than 2 and less than 4 nos. 18.75% More than 4 and less than 6 nos. 21.875% More than 6 nos. 25%

ii. Experience in number of similar Infrastructure Projects Max 20% More than 5 and less than 7 projects 15% More than 7 projects 20%

iii. Years of experience on similar Infrastructure Projects Max 25% More than 5 and less than 7.5 years 18.75% More than 7.5 and less than 10 years 21.875% More than 10 years 25%

h. QUALITY CONTROL ENGINEER - ELECTRICAL Max Points :

03

Weightage General Qualification

i. Education Max 10%

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Sr. No.

Basis for Awarding Points Value Points

Graduation in Electrical Engineering 10% ii. Overall Experience in Years Max 15% More than 8 years and less than 10 years 11.25% More than 10 years 15%

iii. Years with the Firm Max 5% More than 3 years and less than 5 years 3.75% More than 5 years 5% Adequacy for the Assignment

i. No. of similar Infrastructure Projects completed as Quality Control Engineer

Max 25%

More than 2 and less than 4 nos. 18.75% More than 4 and less than 6 nos. 21.875% More than 6 nos. 25%

ii. Experience in number of similar Infrastructure Projects Max 20% More than 5 and less than 7 projects 15% More than 7 projects 20%

iii. Years of experience on similar Infrastructure Projects Max 25% More than 5 and less than 7.5 years 18.75% More than 7.5 and less than 10 years 21.875% More than 10 years 25%

f. Bid Security / Earnest Money Deposit (EMD)

1.22.1 The Bidders are required to deposit, along with its Bid, a bid security (“Bid Security”) of Rs.100,000/- (Rupees One Lac only) through E-Procurement Website (for details refer https://eproc.karnataka.gov.in). The Bid Security shall be refundable after completion of bid process and selection of successful Bidder (“Selected Bidder”). In case the Bidder intends to withdraw / cancel his bid after Bid Due Date or after issuing Letter of Award, then KREDL shall be liable to forfeit the Bid Security / EMD.

1.22.2 The payments shall be done through any one of the following e-Payment options only. Online Payments: 1. Credit Card 2. Direct Debit 3. Internet Banking Offline Payments: 4. Remittance at the Bank Counter using challan (ICICI Bank only) 5. NEFT/RTGS

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Please note that payment submitted through cheque / demand draft / Bank Guarantee shall not be accepted. For further details regarding e-payment, please refer to E-Procurement Website.

g. Brief Description of Bidding Process

i. The Authority has adopted a single stage process (the “Bidding Process”) for selection of Bidders for award of the Projects and invites Bids from eligible parties (“Bidders”), which expression shall, unless repugnant to the context include the members of the Consortium, for the Project electronically in the unified e-procurement platform of the Government of Karnataka www.eproc.karnataka.gov.in (hereinafter referred to as “E-Procurement Website”) in accordance with the terms of this RFP. KREDL shall not be held responsible for failure on part of the Bidder to furnish all or any of the documents as part of its Bid through E-Procurement Website or for rejection of Bids by E-Procurement for whatsoever reasons. No correspondence shall be entertained by KREDL in this regard.

ii. The Bidders are requested to submit their Bids in accordance with the Bidding Documents. The Bid shall be valid for a period of not less than 90 (Ninety) days from the date of NIT for submission of Bids (the “Bid Due Date”).

iii. The Bidding Documents include the Request for Proposal. The Bidding Documents and any addenda issued subsequent to this RFP, but before the Bid Due Date, will be deemed to form part of the Bidding Documents.

iv. Bidders would need to submit the following sets of documents as part of their Bid;

v. “Key Submissions” to be submitted through E-Procurement Website.

vi. “Financial Bid” to be submitted only through E-Procurement Website. Any Financial Bid submitted along with Technical Bid shall be rejected. The Bidder shall carefully upload the Financial Bid in the specimen provided in the E - Procurement Website. No hard copy of specimen of Financial Bid to be submitted to KREDL.

h. Submission of Technical Bids:

i. The Bidder shall provide an index in the technical bid indicating the page nos. with reference to the documents submitted as proof against all the requirements in the tender including the eligibility criteria.

ii. The Bidder has to furnish successful Work Completion Certificate for proof against eligibility criteria as indicated in the respective clause giving clear description of the activities carried out in the assignment for which the certificate is issued failing which such document will not be considered for evaluation.

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iii. The technical bids submitted shall be compulsorily in the formats given in Section - 3; Technical Proposals - Standard Forms (Form Tech - 1 to form Tech - 9).

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SECTION 2

INSTRUCTIONS TO CONSULTANTS

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TABLE OF CONTENTS

Sr. No. Table of Contents Page Nos. Definitions 28 1. Introduction 31 Conflict of Interest 31

Fraud and Corruption 32 Eligible to Participate 34 Origin of Goods and Consulting Services 34

Only one Proposal 34 Proposal Validity 34

2. Clarification and Amendment of RFP Documents 35 3. Preparation of Proposals 35

Language 36 Technical Proposal Format and Content 36 Financial Proposals 37 Taxes 37

4. Submission, Receipt and Opening of Proposals 38 5. Proposal Evaluation 38

Evaluation of Technical Proposals 38 Public Opening and Evaluation of Financial Proposals 38

6. Negotiations 39 Technical negotiations 39 Financial negotiations 39 Availability of Professional staff / experts 39 Conclusion of the negotiations 40

7. Award of Contract 40 8. Confidentiality 40 9. Contract Amount 40

10. Documents to be submitted along with the Technical Proposal

40

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DEFINITIONS:

“Age Limit” shall mean the Consultant’s age should not exceed the age prescribed in bid as on Bid

Due Date.

“Bid” shall mean the Technical Bid and Financial Bid submitted by the Bidder, in response to this RfP,

in accordance with the terms and conditions hereof.

“Bidder” shall mean Individual Consultant or Bidding Company or a Bidding Consortium submitting

the Bid. Any reference to the Bidder includes Bidding Company / Bidding Consortium/ Consortium,

Member of a Bidding Consortium including its successors, executors and permitted assigns and

Lead Member of the Bidding Consortium jointly and severally, as the context may require”;

“Bidding Company” shall mean a Company incorporated under 1956 Act or 2013 Act in India,

Limited Liability Partnerships (“LLPs”), Partnership Firms or, Sole Proprietorship Firm, Hindu United

Family (HUF) incorporated and duly existent under the laws of India that has submitted the response

in accordance with the provisions of this RfP;

“Bidding Consortium” or “Consortium” shall mean a group of Individuals / group of Companies

that has collectively submitted the Bid in accordance with the provisions of this RfP;

“Client” shall refer to Karnataka Renewable Energy Development Limited (KREDL) or its affiliates,

associates, successors, assigns or Funds under their Management.

“Chartered Accountant” shall mean a person practicing in India for a period of more than 10 years

or a firm whereof all the partners practicing in India as Chartered Accountant(s) within the meaning of

the Chartered Accountants Act, 1949;

“Company” shall mean a corporate body incorporated in India under the Companies Act, 1956 or

2013 and a foreign company in terms of the Companies Act, 2013;

“Conflict of Interest” A Bidder may be considered to be in a Conflict of Interest with one or more

Bidders in the same bidding process under this RfP if they have a relationship with each other,

directly or indirectly through a common company or any other entity for that matter, that puts them in a

position to have access to information about or influence the Bid of another Bidder;

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“Consents, Clearances and Permits” shall mean all authorizations, licenses, approvals,

registrations, permits, waivers, privileges, acknowledgements, agreements, rulings, declarations,

concessions or any other approval required to be obtained from or provided by any concerned

Government Authority for the purpose of setting up of the Project.

“Consultant” shall mean any entity or person that may provide or provides the Services to the Client

under the Contract.

“Contract” means the Contract signed by the Parties and all the attached documents listed in its

Clause 1, that are the General Conditions (GC), the Special Conditions (SC), and the Appendices.

“Data Sheet” means such part of the Instructions to Consultants.

“Day” means calendar day.

“Government” means the government of the Client’s country.

“Governmental Authority” means any government, any state or other political subdivision thereof,

any entity exercising executive, legislative, judicial, regulatory or administrative functions of or

pertaining to government, or any other government authority, agency, department, board,

commission or instrumentality or any political subdivision thereof, and any court, tribunal or

arbitrator(s) of competent jurisdiction, and any governmental or non-governmental self-regulatory

organisation, agency or authority, or other subdivisions of any of the foregoing having or claiming a

regulatory interest in or jurisdiction over the Project or the Parties and their respective employees and

subcontractors (and their respective employees).

“Instructions to Consultants” (Section 2 of the RfP) means the document which provides

Consultants with all information needed to prepare their Proposals.

“Lead Member of the Bidding Consortium” or “Lead Member” shall mean there shall be only

one Lead Member, having the shareholding of more than 50% in the Bidding Consortium.

“Limited Liability Partnership" or "LLP" shall mean a limited liability partnership incorporated

under the Limited Liability Partnership Act, 2008;

“LOI” (Section 1 of the RfP) means the Letter of Invitation being sent by the Client to the

Consultants.

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“Member in a Bidding Consortium” or “Member” shall mean each Company in a Bidding

Consortium.

“Personnel” means professionals and support staff provided by the Consultant assigned to perform

the Services or any part thereof.

“Project” shall mean Development of KREDL Corporate Office (green building compliant) and

Renewable Demonstration Park at Nagarbhavi, Bangalore.

“Proposal” means the Technical Proposal and the Financial Proposal.

“RfP” shall mean this Request for Proposal along with all formats and Project Documents attached

hereto and shall include any modifications, amendments alterations or clarifications thereto;

“Services” means the work to be performed by the Consultant pursuant to the Contract.

“Statutory Auditor” shall mean the auditor of a Company appointed under the provisions of the

Companies Act, 1956 / 2013 or under the provisions of any other applicable governing law;

“Sub-Consultant” means any person or entity with which the Consultant subcontracts any part of

the Services.

“Terms of Reference” (TOR) means the document included in the RfP in Section 5 which explains

the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the

Client and the Consultant and expected results and deliverables of the assignment.

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1. INTRODUCTION

1.1. The Client named in the Data Sheet will select an Individual Consultant / Consulting Firm / Company / Organization in accordance with the method of selection specified in the Data Sheet.

1.2. The Consultants are invited to submit a Technical Proposal and a Financial Proposal for consulting services required for the assignment named in the Data Sheet. The Proposal will be the basis for contract negotiations and ultimately for a signed Contract with the selected Consultant.

1.3. Consultants should familiarize themselves with local conditions and take them into account in preparing their Proposals. To obtain first-hand information on the assignment and local conditions, Consultants are encouraged to visit the site before submitting a proposal and to attend a pre-bid conference, if one is specified in the Data Sheet. Attending the pre-bid conference is optional.

1.4. The Client will timely provide at no cost to the Consultants the inputs and facilities specified in the Data Sheet, assist the firm in obtaining licenses and permits needed to carry out the services, and make available relevant project data and reports.

1.5. Consultants shall bear all costs associated with the preparation and submission of their proposals and contract negotiation. The Client is not bound to accept any proposal, and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the Consultants.

Conflict of Interest:

1.6. Client’s policy requires that Consultants provide professional, objective and impartial advice and at all times hold the Client’s interests paramount, strictly avoid conflicts with

other assignments or their own corporate interests and act without any consideration for future work.

1.6.1. Without limitation on the generality of the foregoing, Consultants, and any of their affiliates / associates, shall be considered to have a conflict of interest and shall not be recruited, under any of the circumstances set forth below:

Conflicting Activities:

(i) A firm that has been engaged by the Client to provide activities goods, works or services other than consulting services for a project, and any of its affiliates, shall be disqualified from providing consulting services related to those goods, works or services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and any of its affiliates, shall be disqualified from subsequently providing goods or works or

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services other than consulting services resulting from or directly related to the firm’s

consulting services for such preparation or implementation. For the purpose of this paragraph, services other than consulting services are defined as those leading to a measurable physical output, for example supply of materials and execution of works.

Conflicting Assignments:

(ii) A Consultant (including its Personnel) or any of its affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Consultant to be executed for the same or for another Client. For example, a Consultant hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project, and a Consultant assisting a Client in the privatization of public assets shall not purchase, nor advice purchasers of, such assets. Similarly, a Consultant hired to prepare Terms of Reference for an assignment should not be hired for the assignment in question.

Conflicting Relationships:

(iii) A Consultant (including its Personnel) that has a business or family relationship with a member of the Client’s staff who is directly or indirectly involved in any part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection process for such assignment, or (iii) supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Client throughout the selection process and the execution of the Contract.

1.6.2. Consultants have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract.

1.6.3. No agency or current employees of the Client shall work as Consultants under their own ministries, departments or agencies. Recruiting former government employees of the Client to work for their former ministries, departments or agencies is acceptable provided no conflict of interest exists. When the Consultant nominates any government employee as Personnel in their technical proposal, such Personnel must have written certification from their government or employer confirming that they are on leave without pay from their official position and allowed to work full-time outside of their previous official position. Such certification shall be provided to the Client by the Consultant as part of his technical proposal.

Fraud and Corruption

1.7. It is the Client’s policy to require that Consultants observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, Client:

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(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) “Corrupt Practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;

(ii) “Fraudulent Practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;

(iii) “Collusive Practices” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party. The collusive practices include but are not limited to the following:

(i) Agreements (oral or written) between the parties as to who should be the successful bidder;

(ii) Any meeting of the bidders prior to the submission of the bid document that may disadvantage KREDL;

(iii) Exchange of information between bidders about the bid prior to the awarding of a contract;

(iv) Agreement or collaboration between the bidders to fix prices or conditions of the contract/bid document;

(v) any unlawful or illegitimate agreement between the bidders before submission of bid document such as fixing special rates of payment to the third party where the payment of such fees is conditional on tender being awarded a contract;

(vi) any unlawful or illegitimate agreement providing for payment to any third party of money, incentives or other concessions contingent on the success of bid which do not relate to the provision of bonafide services relevant to that bid;

(vi) any other unfair trade practices in order to achieve improper purpose

(iv) “Coercive Practices” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

(v) “Obstructive Practice”

(aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede Client’s investigation into allegations of a corrupt, fraudulent,

coercive, or collusive practice; and/or threatening, harassing, or intimidating any

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party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or

(bb) acts intended to materially impede the exercise of Client’s inspection and

audit rights.

(b) The Client will reject a proposal for award if it determines that the Consultant recommended for award has, directly or through an agent, engaged in Corrupt, Fraudulent, Collusive, Coercive, or Obstructive practices in competing for the contract in question;

(c) The Client shall declare ineligible or terminate the contract of the Consultant, either indefinitely or for a stated period of time, if at any time, the Client determines that the Consultant has, directly or through an agent, engaged in Corrupt, Fraudulent, Collusive, Coercive, or Obstructive practices in competing for, or in executing, a Client contract. In the event of termination of the contract for this reason, the Consultant shall fulfil all the post termination obligations towards the Client as contemplated in the contract.

Eligibility to Participate:

1.8. As detailed in Data Sheet clause no: 1.13 to clause no: 1.16.

Origin of Goods and Consulting Services:

1.9. Goods supplied and Consulting Services provided under the Contract may originate from any country except if:

(i) As a matter of law or official regulation, the borrower’s country prohibits commercial

relations with that country; or

(ii) By an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the borrower’s country prohibits any imports of goods from that country or any payments to persons or entities in that country.

Only One Proposal:

1.10. Consultants may only submit one proposal. If a Consultant submits or participates in more than one proposal, such proposals shall be disqualified. However, this does not limit the participation of the individual experts, to more than one proposal.

Proposal Validity:

1.11. The Data Sheet indicates how long Consultants Proposals must remain valid after the submission date. During this period, Consultants shall maintain the availability of

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Professional staff nominated in the Proposal. The Client will make its best effort to complete negotiations within this period. Should the need arise; however, the Client may request Consultants to extend the validity period of their proposals. Consultants who agree to such extension shall confirm that they maintain the availability of the Professional staff nominated in the Proposal, or in their confirmation of extension of validity of the Proposal, Consultants could submit new staff in replacement, which would be considered in the final evaluation for contract award. Consultants who do not agree have the right to refuse to extend the validity of their Proposals.

2. CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS

2.1 Bidders may request a clarification of any of the RFP documents up to the number of days indicated in the Data Sheet before the proposal submission date. Any request for clarification must be sent in writing, or by standard electronic means to the Client’s

address indicated in the Data Sheet. The Client will respond in writing, or by standard electronic means and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all Bidders. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure under para. 2.2.

2.2 At any time before the submission of Proposals, the Client may amend the RFP by issuing an addendum in writing or by standard electronic means. The addendum shall be sent to all Consultants or will upload in KREDL website and will be binding on them. Consultants shall acknowledge receipt of all amendments. To give Consultants reasonable time in which to take an amendment into account in their Proposals the Client may, if the amendment is substantial, extend the deadline for the submission of Proposals.

3. PREPARATION OF PROPOSALS

3.1 The Proposal (see para. 1.2), as well as all related correspondence exchanged by the Consultants and the Client, shall be written in the language(s) specified in the Data Sheet.

3.2 In preparing their Proposal, Consultants are expected to examine in detail the documents comprising the RFP. Material deficiencies in providing the information requested may result in rejection of a Proposal.

While preparing the Technical Proposal, Consultants must give particular attention to the following:

(a) If a Consultant considers that it may enhance its expertise for the assignment by associating with other Consultants in a joint venture or Consortium, it may associate if so indicated in the Data Sheet. A Consultant must first obtain the approval of the Client if it wishes to enter into a joint venture. In case of association with other sub consultant(s), the Consultant shall act as Consortium Lead Member. In case of a joint

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venture, all partners shall be jointly and severally liable and shall indicate who will act as the leader of the joint venture.

(b) The estimated period of the assignment is as shown in the Data Sheet.

(c) Alternative professional staff shall not be proposed, and only one curriculum vitae (CV) may be submitted for each position.

Language

3.3 Documents to be issued by the Consultants as part of this assignment must be in the language(s) specified in the Paragraph 1.7 of the Data Sheet. It is desirable that the firm’s

Personnel have a working knowledge of the Client’s national language.

Technical Proposal Format and Content

3.4 The Data Sheet indicates the format of the Technical Proposal to be submitted. Submission of the wrong type of Technical Proposal will result in the Proposal being deemed non-responsive. The Technical Proposal shall provide the information indicated in the following paras. from (a) to (j) using the attached Standard Forms (Section 3).

(a) For the FTP only: a brief description of the Consultant’s organization and an outline of recent experience of the Consultants and, in the case of joint venture, for each partner, on assignments of a similar nature is required in Form TECH - 2 of Section 3. For each assignment, the outline should indicate the names of Sub-Consultants/ Professional staff who participated, duration of the assignment, contract amount, and Consultant’s involvement. Information should be provided only for those assignments

for which the Consultant was legally contracted by the client as a corporation or as one of the major firms within a joint venture. Assignments completed by individual Professional staff working privately or through other consulting firms cannot be claimed as the experience of the Consultant, or that of the Consultant’s associates,

but can be claimed by the Professional staff themselves in their CVs. Consultants should be prepared to substantiate the claimed experience if so requested by the Client.

(b) For the FTP only: comments and suggestions on the Terms of Reference including workable suggestions that could improve the quality / effectiveness of the assignment; and on requirements for counterpart staff, data, etc. to be provided by the Client (Form TECH-3 of Section 3).

(c) For the FTP, a description of the approach, methodology and work plan for performing the assignment covering the following subjects: technical approach and methodology, work plan, and organization and staffing schedule. Guidance on the content of this section of the Technical Proposals is provided under Form TECH-4 of

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Section 3. The work plan should be consistent with the Work Schedule which will show in the form of a bar chart the timing proposed for each activity.

(d) The list of the proposed Professional staff team by area of expertise, the position that would be assigned to each staff team member, and their tasks (Form TECH-5 of Section 3).

(e) CVs of the Professional staff signed by the staff themselves or by the authorized representative of the Professional Staff (Form TECH-6 of Section 3).

(f) Summary of CVs (from Tech-7 of Section-3)

(g) Summary of the bidders Qualification / Experience (from Tech Form-8 of Section-3).

(h) Summary – Excel Sheet (from Tech Form – 9 of Section – 3)

(i) The bidder shall provide an index in the technical bid indicating the page nos. with ref to the documents submitted as proof against all the requirements in the tender including the eligibility criteria. The documents so provided in the indicated page nos. only will be considered for evaluating the proposals. If the bidder has provided such documents in the bid and not indicated in the index or indicated wrongly, then such documents will not be considered for evaluation.

(j) The bidder has to furnish successful work completion certificate for proof against eligibility criteria by an officer as indicated in the respective clause giving clear description of the activities carried out in the assignment for which the certificate is issued failing which such document will not be considered for evaluation.

(k) The technical bids submitted shall compulsorily be in the formats given in section (3), Technical proposals-standard forms (Form Tech - 1 to Form Tech - 9).

3.5 The Technical Proposal shall not include any financial information. A Technical Proposal containing financial information may be declared non responsive.

Financial Proposals

3.6 The Financial Proposal shall be prepared using the attached Standard Forms (Section 4). It shall list costs associated with the assignment indicated in the Data Sheet. Activities and items described in the Technical Proposal must not be priced.

Taxes

3.7 The Consultant shall quote the prices as indicated in the price bid. All the applicable taxes shall be borne by the Bidder / Consultant. The taxes in this section shall mean to include

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any taxes, duties (including stamp duties), excise, charges, fees, levies or other similar assessments by or payable to a governmental authority in India or levied by the central or state or local government, directly or indirectly in relation to the Services (“Taxes”).

4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

4.1 Tender Documents consisting of Technical - Commercial Bids and Price Bids must be submitted via the e-Procurement Portal of the Government of Karnataka (https://eproc.karnataka.gov.in) on or before 21.12.2015 at 4.00 PM.

4.2 The Price Bid must be submitted in electronic mode via the e-Procurement Portal in Financial Bid slot only.

4.3 The document submitted through e-procurement portal is considered as original and final for the purpose of evaluation of bids.

4.4 The Client shall open the Technical Proposal as per the date indicated in the data sheet.

5. PROPOSAL EVALUATION

5.1 From the time the Proposals are opened to the time the Contract is awarded, the Bidders should not contact the Client on any matter related to its Technical and / or Financial Proposal. Any effort by Bidders to influence the Client in the examination, evaluation, ranking of Proposals and recommendation for award of Contract may result in the rejection of the Bidder’s Proposal. Evaluators of Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded.

Note: The proposals of those Bidders who meet the eligibility criteria stated in clause 1.13 to 1.16 of DATA sheet only will be considered for evaluation and award of points.

Evaluation of Technical Proposals

1.2 The evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria, sub criteria and point system specified in the Data Sheet. Each responsive Proposal will be given a technical score (St). A Proposal shall be rejected at this stage if it does not respond to important aspects of the RFP and particularly the Terms of Reference or if it fails to achieve the minimum technical score indicated in the Data Sheet.

Public Opening and Evaluation of Financial Proposals

1.3 After the technical evaluation is completed the Client shall inform the Consultants who have submitted proposals the technical scores obtained by their Technical Proposals. The Client shall simultaneously notify in writing Consultants that have secured the minimum

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qualifying mark, the date, time and location for opening the Financial Proposals. The opening date should allow Consultants sufficient time to make arrangements for attending the opening. Consultant’s attendance at the opening of Financial Proposals is optional.

1.4 Financial Proposals (from e-procurement portal) shall be opened publicly in the presence of the Consultant’s representatives who choose to attend.

1.5 VOID

1.6 VOID

6. NEGOTIATIONS

6.1 Negotiations will be held at the date and address indicated in the Data Sheet. The invited Bidder will, as a pre-requisite for attendance at the negotiations, confirm availability of all Professional staff. Failure in satisfying such requirements may result in the Client proceeding to negotiate with the next-ranked Bidder. Representatives conducting negotiations on behalf of the Bidder must have written authority to negotiate and conclude a Contract.

Technical Negotiations

6.2 Negotiations will include a discussion of the Technical Proposal, the proposed technical approach and methodology, work plan and organization and staffing and any suggestions made by the Bidder to improve the Terms of Reference. The Client and the Bidders will finalize the Terms of Reference, staffing schedule, work schedule, logistics, and reporting. These documents will then be incorporated in the Contract as “Description of Services”.

Special attention will be paid to clearly defining the inputs and facilities required from the Client to ensure satisfactory implementation of the assignment. The Client shall prepare minutes of negotiations which will be signed by the Client and the Bidders.

Financial Negotiations

6.3 VOID

Availability of Professional Staff / Experts

6.4 Having selected the Consultant on the basis of among other things, an evaluation of proposed Professional staff, the Client expects to negotiate a Contract on the basis of the Professional staff named in the Proposal. Before contract negotiations, the Client will require assurances that the Professional staff will be actually available. The Client will not consider substitutions during contract negotiations unless both parties agree that undue delay in the selection process makes such substitution unavoidable or for reasons such as death or medical incapacity. If this is not the case and if it is established that Professional staff were offered in the proposal without confirming their availability, the Consultant may

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be disqualified. Any proposed substitute shall have equivalent or better qualifications and experience than the original candidate and be submitted by the Consultant within the period of time specified in the letter of invitation to negotiate.

Conclusion of the Negotiations

6.5 Negotiations will conclude with a review of the draft Contract. To complete negotiations the Client and the Bidder will initial the agreed Contract. If negotiations fail, the Client will invite the Bidder whose Proposal received the second highest score to negotiate a Contract.

7. AWARD OF CONTRACT

7.1 After completing negotiations the Client shall award the Contract to the selected Bidder and promptly notify all Consultants who have submitted proposals.

7.2 The Consultant is expected to commence the assignment on the date and at the location specified in the Data Sheet.

8. CONFIDENTIALITY

Information relating to evaluation of Proposals and recommendations concerning awards shall not be disclosed to the Consultants who submitted the Proposals or to other persons not officially concerned with the process, until the publication of the award of Contract. The undue use by any Consultant of confidential information related to the process may result in the rejection of its Proposal and may be subject to the provisions of the CLIENT’s

antifraud and corruption policy. The Party in breach of this clause shall also duly indemnify the Client, its agents, employees from and all claims, damages, losses, costs and expenses caused to the Client as a result of the breach.

9. CONTRACT AMOUNT

The contract amount will be the negotiated total amount considering all Taxes. However, the actual payment will be made on pro-rata basis for the work that is actually completed.

10. DOCUMENTS TO BE SUBMITTED ALONG WITH THE TECHNICAL PROPOSAL

In addition to the proposals listed in section-3 Form Tech-1 to Form Tech-9, the Bidder has to submit the documents listed in clause 1.24 of the DATA SHEET and EMD as stated in clause 1.22 of DATA SHEET is to be submitted in a separate sealed envelope and placed in the cover containing the Technical proposal.

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SECTION 3

TECHNICAL PROPOSAL - STANDARD FORMS

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Table of Contents

Form No. Description Page Nos.

TECH - 1 Technical Proposal Submission Form 43

TECH - 2 Consultant's Organization and Experience 44

A Consultant's Organization 44

B Consultant's Experience 45

TECH - 3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be Provided by the Client

46

A On the Instruction of Consultants 46

B On the Technical Proposal 46

C On the Financial Proposal 46

D On the Terms of Reference (TOR) 46

E On the Standard Form of Contract 46

F General Comments 46

TECH - 4 Description of the Approach, Methodology and Work Plan for Performing the Assignment

47

TECH - 5 Team Composition and Task Assignments 48

TECH - 6 Curriculum Vitae (CV) for Proposed Professional Staff

49

TECH - 7 Summary of CVs of the Key Staff Proposed 51

TECH – 8 (a) Summary of the Technical Experience of the Bidder 53

TECH – 8 (b) Summary of Financial Strength of the Bidder 54

TECH - 9 Summary – Excel Sheet 55

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Form TECH – 1: Technical Proposal Submission Form

(To be submitted on the Letter head of the Bidder)

[Location, Date]

To,

[Name and address of Client]

Sub.: Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore.

Dear Sir,

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and a Financial Proposal sealed under a separate envelope.

We are submitting our Proposal in association / Consortium / JV with: [Insert a list with full name and address of each associated Consultant].

We hereby declare that all the information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification.

If negotiations are held during the period of validity of the Proposal i.e., before the date indicated mentioned in the Data Sheet, we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications resulting from Contract negotiations.

We undertake, if our Proposal is accepted, to initiate the consulting services related to the assignment not later than the date indicated in the Data Sheet.

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,

Authorized Signature [In full and initials]: ____________________________________

Name and Title of Signatory: _____________________________________________

Name of Firm: ________________________________________________________

Address: _____________________________________________________________

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Form TECH – 2: Consultant's Organization and Experience

(To be submitted on the Letter head of the Bidder)

A - Consultant's Organization

[Provide here a brief (two pages) description of the background and organization of Bidder’s Firm / entity and each associate for this assignment.]

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B - Consultant's Experience

(To be submitted on the Letter head of the Bidder)

[Using the format below, provide information on each assignment for which Bidder’s Firm for this assignment, was legally contracted for carrying out consulting services similar to the ones requested under this assignment. (Use 20 pages).]

1. Name of the Bidder / Consortium Member (Each member shall separately use this sheet)

Assignment Name:

Value of the Contract (in Indian Rs.):

Agreement signed by: [firm]

Country:

Location within country:

Duration of Assignment (months):

Name of Client:

Address:

Phone:

e-mail:

Start Date (Month / Year):

Completion Date (Month / Year):

Name of senior professional staff of your firm involved and functions performed

(Indicate most significant profiles such as Project Director / Coordinator, Team Leader):

Narrative Description of Project: (including SoW, cost of project, duration of work)

Description of actual services provided by your staff within the Assignment:

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Form TECH – 3: Comments and Suggestions on the Terms of Reference (TOR) and on Counterpart Staff and Facilities to be

Provided by the Client

(To be submitted on the Letter head of the Bidder)

A - On the Instruction of Consultants

1.

2.

B - On the Technical Proposal

1.

2.

C - On the Financial Proposal

1.

2.

D - On the Terms of Reference (TOR)

1.

2.

E - On the Standard Form of Contract

1.

2.

F – General Comments

1.

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Form TECH – 4: Description of Approach, Methodology and Work Plan for Performing the Assignment

(To be submitted on the Letter head of the Bidder)

Technical approach, methodology and work plan are key components of the Technical Proposal. You are suggested to present your Technical Proposal (inclusive of charts and diagrams) divided into the following three chapters:

a) Technical Approach and Methodology b) Work Plan and c) Organization and Staffing

a) Technical Approach and Methodology: In this Section, the Bidder should explain the understanding of the objectives of the assignment, approach to the services and methodology for carrying out the activities and obtain the desired end result. The Consultant should highlight the challenges anticipated in delivering a program of this nature and provide proposed approaches to overcome the challenges and meet the requirements of the assignment.

b) Work Plan: In this section, the Bidder should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client) and delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan. Specific deliverables should be listed in this section. The work plan should be consistent with the Staffing Estimate proposed by the Consultant.

c) Organization and Staffing: In this section the Consultant should propose the structure and composition, roles and responsibility of the proposed Consultant’s Team and how they

will deliver the assignment. The Consultant must provide a sound basis for their staffing estimate. Lack of basis for staff estimates may result in a poor evaluation of the technical proposal. The Consultant must provide a detailed work plan, which must include as a minimum, the mobilization plan, completion of the key tasks and deliverables.

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Form TECH – 5: Team Composition and Task Assignments

(To be submitted on the Letter head of the Bidder)

Name of the Staff

Organization / Firm

Area of Expertise

Position Assigned

Task Assigned

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Form TECH – 6: Curriculum Vitae (CV) for Proposed Professional Staff

(To be submitted on the Letter head of the Bidder)

Sr. No.

Description Details

1. Name of Staff [Insert full name]:

2. Proposed Position [only one candidate shall be nominated for each position]:

3. Name of Firm [Insert name of firm proposing the staff]

4. Date of Birth: Nationality:

5.

Education Qualifications [Indicate college / university and other specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment]

6.

Professional Registration / Certification [Indicate professional engineering licenses e.g. chartered Engg., Professional Engg., Professional Certifications etc.]

7.

Training & Publications [Indicate special training and significant publications applicable to this assignment]

8. Countries of Work Experience [List countries where staff has worked in the last ten years]

9.

Languages [For each languages indicate proficiency: good, fair, or poor in speaking, reading and writing]

10.

Employment Record

[Starting with present position, list in reverse order every employment held by staff member since graduation, giving for

From (Year) :

To (Year) :

Employer :

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Sr. No.

Description Details

each employment (see format here below):

Date of employment, name of employing organization, positions held]:

Position Held:

11.

Detailed Tasks Assigned:

[List specific expertise, role and responsibilities in this assignment]:

12.

Work Undertaken that best illustrates Capability to handle the Tasks Assigned

[Among the assignments in which the Staff has been involved, indicate the following information for min 5 assignments that best illustrate capability to handle the tasks listed under point 11]

Name of the Assignment / Project:

Year / Location:

Client:

Main Project features:

Positions Held:

Activities Performed:

13. Certifications:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience. I understand that any wilful mis-statement described herein may lead to my disqualification or dismissal, if engaged.

(Signature of Staff Member) Full Name of the Staff: ___________________________________ Signature of Authorized Representative of the Staff: _________________________ Date: __________________________ (Date / Month / Year) Full Name of the Authorized Representative: ____________________________

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 51

Form TECH – 7: Summary of the CV‟s of Key Staff Proposed

(To be submitted on the Letter head of the Bidder)

Sl. No.

Proposed position & Name

QUALIFICATION EXPERIENCE

I PROJECT MANAGER

Graduate in

Architecture

Post Graduate

in Architectu

re

Over all Experien

ce

Experience with Firm

No. of similar Infrastructure

Projects completed as Team

leader/project manager

No. of similar infrastructure

projects associated

with

Years of experience on similar

infrastructure Projects

1.

II SITE TEAM LEADER

QUALIFICATION

Over all Experien

ce

Experience with Firm

No. of similar Infrastructure

Projects completed as Site Team Leader

No. of similar infrastructure projects associated with

Years of experience on similar infrastructure Projects

Graduate in Civil Engg. / B. Arch.

Post Graduate

in Civil Engg. / Arch.

1

III (a)

DESIGN ENGINEER - CIVIL

QUALIFICATION

Over all Experien

ce

Experience with Firm

No. of similar Infrastructure

Projects completed as Design Engineer

No. of similar infrastructure projects associated with

Years of experience on similar infrastructure Projects

Graduate in Civil Engg.

Post Graduate

in civil engineerin

g

1

III (b)

DESIGN ENGINEER - ELECTRICAL

QUALIFICATION

Over all Experien

ce

Experience with Firm

No. of similar Infrastructure

Projects completed as Design Engineer

No. of similar infrastructure projects associated with

Years of experience on similar infrastructure Projects

Graduate in

Electrical Engg.

Post Graduate

in Electrical

engineering

1.

IV (a)

SITE ENGINEER - CIVIL

QUALIFICATION Over all

Experience

Experience with Firm

No. of similar Infrastructure

Projects completed as Site Engineer

No. of similar infrastructure projects associated with

Years of experience on similar

infrastructure Projects

Diploma in Civil

Engg.

Graduate in civil engineering

1.

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 52

Sl. No.

Proposed position & Name

QUALIFICATION EXPERIENCE

IV (b)

SITE ENGINEER - ELECTRICAL

QUALIFICATION Over all

Experience

Experience with Firm

No. of similar Infrastructure

Projects completed as Site Engineer

No. of similar infrastructure projects associated with

Years of experience on similar infrastructure Projects

Diploma in Electrical

Engg.

Graduate in Electrical Engineering

1.

V (a)

QUALITY CONTROL ENGINEER - CIVIL

QUALIFICATION Over all

Experience

Experience with Firm

No. of similar Infrastructure

Projects completed as Quality Control

Engineer

No. of similar infrastructure projects associated with

Years of experience on similar infrastructure Projects

Graduate in Civil Engg.

Post Graduate

in civil engineerin

g

1.

V (b)

QUALITY CONTROL ENGINEER - ELECTRICAL

QUALIFICATION Over all

Experience

Experience with Firm

No. of similar Infrastructure

Projects completed as Quality Control

Engineer

No. of similar infrastructure projects associated with

Years of experience on similar infrastructure Projects

Graduate in

Electrical Engg.

Post Graduate

in Electrical

engineering

1.

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 53

Form TECH – 8 (a): Summary of Technical Experience of the Bidder

(To be submitted on the Letter head of the Bidder)

Sr. No.

Name of the Bidder

Name of the similar projects completed in

the last 3 years

(FY 2011-12, FY 2012-13, FY 2013-14)

Value of the Contract in

INR

Value of the Project in

INR

Date of Commencem

ent of the Project

Date of Completion

of the Project

1.

2.

3.

4.

5.

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 54

Form TECH – 8 (b): Summary of Financial Strength of the Bidder

(To be submitted on the Letter head of the Bidder)

Sr. No.

Name of the Bidder

(Individual members of financial details of

consortium / JV to be provided)

Annual Turn Over of the Bidder

FY 2012 - 13 FY 2013 - 14 FY 2014 - 2015

1.

2.

3.

4.

5.

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 55

Form TECH – 9: Summary – Excel Sheet

Note: The excel sheet shall be filled and uploaded in E Procurement web.

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 56

SECTION – 4

FINANCIAL PROPOSAL

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 57

TABLE OF CONTENT

FORM NO. DESCRIPTION PAGE NOS.

FIN - 1 Financial Proposal Submission Form 58

FIN - 2 Price Bid 59

Note:

a) Financial Proposal / Price sheets shall be uploaded in Financial slot mentioned in e-procurement site and hard copies of price sheets will not be accepted.

b) Any Price Bid submitted along with Technical Bid, will be rejected and will not be considered for Technical Evaluation.

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 58

Form FIN – 1: Financial Proposal Submission Form

Date:

To, The Managing Director, Karnataka Renewable Energy Development Limited #39, "Shanthigruha" Bharath Scouts & Guides Building, Palace Road, Bangalore - 560 001

Subject: Project Management Consultant (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore.

Dear Sir,

We, the undersigned, offer to provide the consulting services for ----------------------------- (title of the

assignment) in accordance with your Request for proposal dated……….and our technical

proposal. Our attached financial proposal is for the sum of Rs.------------,

-------------------------------------------------- (in words).

Our financial proposal shall be binding upon us subject to the modifications resulting from the

contract negotiations, up to expiration of the validity period of the proposal i.e. -----------(date).

We undertake that in completing for (and, if 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”.

We understand you are not bound to accept any proposal you receive.

Yours Sincerely,

Authorized signature in full and initials

Name and title of signatory

Name of firm and address:

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 59

Form FIN – 2: PRICE BID

1 Consultancy charges (Inclusive of all taxes except service tax) for Design & Engineering, In INR

2 Consultancy charges (Inclusive of all taxes except service tax) for Supervision, In INR

3 Service tax - for Design & Engineering, in INR

4 Service tax - for Supervision, In INR

5 Total consultancy charges (Inclusive of all taxes except service tax), in INR

6 Total Service tax, in INR

7 Total inclusive of all taxes in INR ( In Figures), in INR

8 Total inclusive of all taxes in INR ( In words)

Note: This is only a format of the price sheet. The consultants are informed to upload the proposals in the price sheets released to the consultants by Client on e – mode only.

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 60

SECTION – 5:

TERMS OF REFERENCE (TOR)

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 61

1. BACKGROUND

1.1 Karnataka Renewable Energy Development Ltd. (“Client”/ “KREDL”) incorporated under the Companies Act, 1956 is a nodal agency of the Government of Karnataka to facilitate the development of renewable energy in the State of Karnataka. KREDL processes all applications received for setting up of renewable energy generating plants and based on their recommendation, Government of Karnataka (“GoK”) approves and grants rights to such independent power producers to set up their generation plants in the State. Subsequently, KREDL also monitors progress of various renewable energy projects in the State.

1.2 To meet the growing demand for power, there is a need to give importance for conservation of energy as well as generation of electricity through renewable sources like wind, solar etc., There is a need to encourage the generation of renewable energy. To promote generation of renewable energy and their ecological, economical benefits, KREDL desires to establish a Renewable Energy Demonstration Park at Nagarabhavi, Bangalore and also to create general awareness of public and farmers. It also includes construction of Corporate Office of KREDL.

1.3 For establishing the park, KPTCL has spared 2 acres of land after tailoring out the area required for establishing a 220 kV station, in CA site no. 6/13, Nagarabhavi, IInd Stage, Bangalore. The land proposed is a hilly area having rough terrain with steep gradients. Copy of the topographical map of the site with block levels is enclosed herewith.

1.4 KREDL desires to establish a Renewable Energy Demonstration Park having facility to generate electricity through solar photovoltaic panels and wind mills with Corporate Office building of KREDL. Since, KPTCL is establishing an electrical sub-station adjacent to the park, there will be an advantage of compatibility for adding excess generated electricity to the grid.

1.5 It is also intended to provide rain water harvesting for the entire area to conserve and to use rain water on self supporting basis. The tentative lay out plan of the proposed activities of KREDL is depicted in the sketch enclosed. It is only a conceptual drawing; detailed design is to be worked out with reference to suitability, requirement, adoptability duly observing economy both from construction and maintenance point of view to serve the intended purposes.

2. INTRODUCTION

2.1 Karnataka Renewable Energy Development Limited (KREDL), invites proposals for selection of Project Management Consultants (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore.

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 62

2.2 The green concepts and techniques in the building sector can help address national issues like water efficiency, energy efficiency, reduction in fossil fuel use for commuting, handling of consumer waste and conserving natural resources. Most importantly, these concepts can enhance occupant health, productivity and well - being.

2.3 The Green New Buildings rating system addresses the most important national priorities which include water conservation, handling waste, energy efficiency, reduced use of fossil fuels, lesser dependence on usage of virgin materials and health & well-being of occupants. The rating system requires the application of National standards and codes such as the NBC, ECBC, MoEF guidelines, CPCB guidelines, and several others. The overarching objective is to be better than the national standards so as to create new benchmarks.

Green Building – Corporate Office:

2.4 Green New buildings can have tremendous benefits, both tangible and intangible. The most tangible benefits are the reduction in water and energy consumption right from day one of occupancy. The energy savings could range from 20% - 30% and water savings around 30% - 50%. The intangible benefits of green new buildings include enhanced air quality, excellent day lighting, health & well-being of the occupants, safety benefits and conservation of scarce national resources.

Water Conservation:

The Green New Buildings rating system encourages use of water in a self-sustainable manner through reduce, recycle and reuse strategies. By adopting this rating programme, green new buildings can save potable water to an extent of 30 - 50%.

Handling of Consumer Waste:

Handling of waste in buildings is extremely difficult as most of the waste generated is not segregated at source and has a high probability of going to landfills. This continues to be a challenge to the municipalities which needs to be addressed. The rating system intends to address this by encouraging buildings to segregate the building waste.

Energy Efficiency:

The building sector is a large consumer of electrical energy. Through the Green New Buildings rating system, buildings can reduce energy consumption through energy efficient - building envelope, lighting, air conditioning systems, etc. The energy savings that can be realised by adopting this rating programme can be to the tune of 20 - 30%.

Reduced Use of Fossil Fuels:

Fossil fuel is a slowly depleting resource, the world over. The use of fossil fuel for

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 63

transportation has been a major source of pollution. The rating system encourages the use of alternate fuel vehicles for transportation.

Reduced Dependency on Virgin Materials:

The rating system encourages projects to use recycled & reused material and discourages the use of virgin materials, thereby, addressing environmental impacts associated with extraction and processing of scare natural resources.

Health and Well-being of Occupants:

Health and well-being of occupants are the most important aspect of IGBC Green New Buildings rating system. The rating system ensures adequate ventilation, daylight and occupant well-being facilities which are essential in a building. The rating system also recognises measures to minimise indoor air pollutants.

Renewable Energy Demonstration Park:

2.5 The purpose of Renewable Energy Demonstration Park is to create awareness of public and farmers to promote the use of renewable sources.

Bio mass and Bio Gas Power Generation Unit

Pico Hydro Power Generating Unit

Solar Lighting (Roof Top applications / Lanterns etc.)

Wind Power Project

Solar Water Pumps

Solar Water Heater

Solar Cooker

Solar Street Lights at the Periphery of the area and within the yard for illumination.

Solar and Wind Hybrid Systems

Any other technologies

Children Amusement Park: Learn While You Play

The Children Amusement Park consisting of model equipments related to Power Generation consists of Different equipments / toys like to be installed to demonstrate the

Page 66: Request for Proposalkredlinfo.in/scrollfiles/rfp - kredl 03-12-2015.pdf · Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration

Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 64

production of energy from various day-to-day activities and games like cycling, peddling, jumping wing arrangements, see-saw, rowing etc. which are funny and attractive to children to exhibit and explain about the generation of energy from the different methods / sources to children and also to create awareness about conservation of energy.

The Demonstration Park shall have the following amenities:

Solar Photovoltaic Panels for generation of electricity on roof top of the Building

2 nos. of Wind Turbine generators of optimum capacity for generation of electricity.

Switch yard

Installation of Renewable power equipments for demonstration purpose to create awareness of public and farmers and to promote the use of public and farmers and to promote the use of such plants of Renewable energy.

Children amusement park consisting of model equipments related to power generation.

Toilet blocks for general public

Demonstration (Auditorium hall for conducting class / seminars / demonstration etc.)

Rain water harvesting of the entire area including buildings.

Landscaping of the entire area to provide greenery.

Security room and Rest room Drivers

Levelling of the yard, construction of retaining and compound wall.

Roads and drainage system of the entire yard

Sewage Treatment Plant (STP)

Any other

Brief Scope of Work:

Project Development:

The PMC will be responsible for Design and development of layout plan comprising of all the components as stated in the Terms of Reference (TOR), 3D aerial view of the layout plant preferably with 3D animation of walk along (for minimum time of about 05 minutes). 3D animation (walk in, for 05 minutes) of the Corporate Office building comprising of all the floors.

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 65

On the approval of Detailed Layout Plan, Detailed Elevation of the Building, Demonstration Park by the KREDL, the PMC shall prepare the DPR. Estimate for each and every component of the scheme mentioned above shall be prepared. The financial figures stated in the DPR should be realistic.

Project Structuring, supporting the Client in signing of Contracts / Agreements with other Consultants / Architects / Contractors / agencies etc., Interaction and co-ordination with various State Govt. Agencies if required on behalf of Client, providing the technical inputs to Clients, procurements support in Bid Process Management and Selection of other Consultants / Architects and Contractors for Implementation of the Project by Preparation of Detailed Technical Specifications, Commercial specifications, quality and performance parameters and the guarantee for the same.

Implementation Supervision: The PMC shall be responsible for Review of other Consultants or Architect’s Engineering Documents / Drawings etc., Review of EPC Quality

Manuals, Review of items under Procurement, Review of Quality Assurance Plan, Review of Master Network Schedule and Detailed Network Schedule, Organizing Review and co-ordination meetings with EPC, their vendors / sub vendors etc., Supervision of Construction, Erection, Testing and Commissioning of the Plant, equipment and facilities, preparation of progress reports / MIS and submission to Client, support the client in Project Handing Over.

2.6 In the land earmarked for KREDL, it is proposed to have the following

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Selection of Project Management Consultancy (PMC) Services for Design, Construction supervision and Contract Administration of Renewable Energy Demonstration Park and Corporate Office Building (Green Building Compliant) at Nagarbhavi, Bangalore

M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 66

PART “A”

a) CORPORATE OFFICE BUILDING (GREEN BUILDING COMPLIANT)

The building should be designed for 2 basements [Lower basement & Upper basement] with 6 Floors for Corporate office building of KREDL with a plot coverage area of about 1500 SMTRS. Details of accommodation required in each floor are furnished in Annexure – 1.

Building should be complacent with the concept of green building with star rating/s and shall be unique in design, comfort, architectural beauty, compatibility with the surroundings with provision for providing solar panels at the roof top and should consume meagre energy from operational and maintenance point of view and design should be high standard and should be model for others.

Rain water harvesting of building with necessary OHT and sump tank with filters etc., are to be provided.

Design should be such that, ventilation [both lighting and air circulation] is adequate so as to keep minimum usage of Air conditioning system, power consumption etc.,

Buildings shall be provided with landscaping arrangements with greenery, gardening, water bodies, and fountain to enhance the elevation and ambience in and around the building.

PART “B”

a) SOLAR PHOTO VOLTAIC PANELS FOR GENERATION OF ELECTRICITY ON ROOF TOP

It is intended to provide solar photo voltaic panels over the roof top of the proposed Green building to generate the power for captive consumption and the surplus power to be fed to the grid. The approximate roof area available for installation of solar panels will be about 800 SMTRS. For converting generated DC voltage of 415 Volts to AC, inverter is proposed to be placed on the terrace of the Green Building.

b) 2 (TWO) NOS. OF WIND TURBINE GENERATORS OF OPTIMUM CAPACITY FOR GENERATION OF ELECTRICITY

Based on the wind potential at the site, it is proposed to install two nos. of wind turbine generators of optimum capacity for captive use for the RE park and corporate office building. The excess power generated will be fed to the grid at 11 kV source.

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 67

c) SWITCH YARD:

Adjacent to the wind turbine generators, a switch yard is proposed to be constructed by housing switch gears transformers, isolators etc., thereby connecting the HT line to the sub-station of KPTCL.

d) INSTALLATION OF FOLLOWING EQUIPMENTS FOR DEMONSTRATION PURPOSES, TO CREATE GENERAL AWARENESS OF PUBLIC AND FARMERS AND TO PROMOTE THE USE OF SUCH PLANTS OF RENEWABLE ENERGY:

i. Bio mass and Bio Gas Power Generation Unit

ii. Pico Hydro Power Generating Unit

iii. Solar Lighting (Roof Top applications / Lanterns etc.)

iv. Wind Power Project

v. Solar Water Pumps

vi. Solar Water Heater

vii. Solar Cooker

viii. Solar Street Lights at the Periphery of the area and within the yard for illumination.

ix. Solar and Wind Hybrid Systems

x. Any other technologies

e) CHILDREN‟S AMUSEMENT PARK CONSISTING OF MODEL EQUIPMENTS

RELATED TO POWER GENERATION [LEARN WHILE YOU PLAY]

Different equipments / toy’s like are to be installed to demonstrate the production of

energy from various day-to-day activities and games like cycling, peddling, jumping swing arrangements, see-saw, rowing etc., which are funny and attractive to children, to exhibit and explain about the generation of energy from the different methods/sources to children and also to create awareness about conservation of energy.

f) TOILET BLOCK‟S FOR GENERAL PUBLIC

Adequate toilets for Gents and Ladies in the yard near to Auditorium hall and children’s

amusement park with necessary water supply and sanitary connection / arrangements to meet the requirements.

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 68

g) DEMONSTRATION [AUDITORIUM] HALL FOR CONDUCTING CLASS / SEMINARS / DEMONSTRATION ETC.,]

The size of the hall shall be enough to accommodate about 100-150 persons at a time with all necessary arrangements required for auditorium such as audio-video facility.

h) RAIN WATER HARVESTING OF THE ENTIRE AREA INCLUDING BUILDING‟S.

Arrangements shall be made for collection and storing of the rain water of the entire catchment area of the land including from the buildings which shall include proper storm water drains, filtering arrangements, construction of sump tank, providing pumps, including construction of recharge wells etc., Provision for using the collected water for non-potable purposes within the yard.

i) LANDSCAPING OF THE ENTIRE AREA TO PROVIDE GREENERY

All the left out part of the land shall be provided with greenery with necessary water supply arrangements. The sloppy topography of the area shall be used to enhance the beauty of the Park. Fountain arrangements [water bodies] may be provided at the suitable locations like in front of the Corporate office, and in the children’s amusement park.

j) SECURITY ROOM‟S AND REST ROOM FOR DRIVERS

For watch and ward of the entire premises, security room/s shall be constructed at the main entrance of the park of suitable size with appealing elevation and aesthetic appearance. One driver’s room to accommodate about 10 persons. Provision to install adequate number of CCTV cameras to view and monitor the activities both in the yard and inside the building.

k) LEVELLING OF THE YARD, CONSTRUCTION OF RETAINING AND COMPOUND WALL

As far as possible, deep cutting and filling shall be avoided for levelling. Natural slope of the ground shall be made use of to provide / construct various parts of the Park so as to enhance the beauty and also to observe economy. Retaining walls / steps / berm shall be constructed wherever necessary to protect the levelled/ sloppy ground. A path way shall be provided at the periphery of the entire premises [abutting to the compound wall].

l) ROADS AND DRAINAGE SYSTEM OF THE ENTIRE YARD

Roads to reach all the parts of the park with necessary arboriculture and arrangements for collection and disposal of storm water and sanitary for the entire area. The shoulders should be treated with turffing.

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M/s. Karnataka Renewable Energy Development Limited (KREDL), Bangalore 69

m) SEWAGE TREATMENT PLANT (STP)

The removal of contaminants from waste water which includes physical, chemical and biological processes to remove contaminants and produce environmentally safe treated wastewater (or treated effluent). The treated water can be used for landscaping.

3. OBJECTIVES

3.1 The objectives of the consultancy services are:

a) To ensure high quality construction is achieved with full compliance to the engineering designs and drawings, technical specifications and other contract documents within the specified time schedule

b) To monitor the pre-construction activities

c) To assist in taking remedial actions to avoid slippages, cost overruns, delays by the contractor

d) To demonstrate the efficacy of contract supervision by independent external agencies experienced in this field of work

e) To ensure safety during construction and adherence to all environment management regulations prescribed under the Contract

f) To ensure that effective Contract Administration is achieved.

4. CONTRACT MANAGEMENT FRAMEWORK

4.1 The execution of the Consultancy Contract will be governed by the Contract Management Framework (CMF). The main features of the CMF are described below:

(a) To administer the contracts under the project, the Karnataka Renewable Energy Development Limited has established a Project Implementation Unit (PIU) to be exclusively in-charge for the Project in the organization. The Managing Director, KREDL will act as Employer or Employer’s representative for this Consultancy. The Managing Director, KREDL will be assisted by the Professional and Administrative staff of PIU. The Managing Director, KREDL for and on behalf of the KREDL, will award contracts, administer the Contracts; take management decisions, as per the contract agreements.

(b) The Managing Director, KREDL will be the Client representative in all Contracts. The Consultants shall meet the Managing Director, KREDL regularly and obtain promptly as needed, decisions required on technical matters.

(c) The Finance / Accounts Section of projects division of KREDL will keep the Project

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accounts and process all payments.

5. SCOPE OF SERVICES - PMC

5.1 The scope of the works of the consultant include but not limited to:

Design and development of lay out plan comprising of all the components mentioned above. 3D aerial view of the layout plan preferably with 3D animation of walk along [for minimum time of about 05 minutes].

Architectural plan and elevation of Green Building compliant Corporate Office) with 3D animation [walk in, for 05 minutes] comprising of all the floors.

Before finalization, different alternates shall be furnished by the PMC to meet the requirements of KREDL.

On approval of the Detailed Layout plan of the Park and the detailed plan and Elevation of the Corporate Office Building, by KREDL, Detailed Project Report (DPR) shall be prepared by PMC.

Estimate for each and every component of the scheme mentioned above shall be prepared. Specifications of each and every item of work of each part of the work shall be descriptive and exhaustive to avoid disputes / ambiguities etc., at a later stage of the contract. Scheduled of rates of the Govt. agency / agencies shall be considered for the preparation of estimate as far as possible. Prevailing marked rates can be considered for the non-SR item of works.

Estimates shall be realistic and shall be nearer to the actual on completion to avoid variation of project cost.

Preparation of tender documents including all the drawings for fixing up of the agency or agencies either for each part of the scheme separately or for the entire scheme of the project as a whole.

Assistance to KREDL in evaluating the bids submitted by the Contractors.

Providing design drawings for tendering purpose.

Providing architectural drawings and animation wherever required

Design of Mechanical and Electrical systems.

Verification of detailed design drawings submitted by building contractor

Verification and Certification of as built drawings.

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Supervision of the works.

Contract management.

Measurements and certifications.

Monitoring and reporting of work Quality including material inspection.

Review and approval of running bills.

Change in Scope of work

Coordination with vendor and KREDL

Project Progress Review meetings (weekly/fortnightly)

Preparation of minutes of the meetings - Ensure that the materials approved after inspection and test only is used in the site. - Assistance the Client for verification of bills and check measurement. - Organize and conduct meetings as desired by Client and submit reports /

proceedings of the meetings to Client. - Taking suitable action against instruction given by Client in meetings and inspections. - Assistance to inspection team of Client. - Preparation and submission of all reports required by Client - Assistance to Client in taking over of the completed works. - Preparation of work completion reports. - PMC has to certify the final bills and works done by the contractor before the start of

DLP and after completion of construction activities. - Initial designs & drawings required for tendering purpose along with the estimates will

be given by PMC. Detailed working drawings will be prepared by the contractor and to be certified by PMC before start of the construction work.

5.2 The Client, in its role as “Employer”, will employ an experienced consultancy firm to undertake Project Management and Supervision of the works. The Consultant will appoint a “Team Leader” to act as the “Engineer” as defined in the construction contract documents. The Engineer may delegate some of his authority to the Project Engineer, who will thereafter act as the “Engineer‟s Representative” as defined the construction contract documents.

(a) The Team Leader will be required to obtain the specific approval of the employer before taking any of the following actions:

(i) Certifying additional cost.

(ii) Specifying the amounts payable.

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(iii) Recommending rates either for existing items of work which arises from the variation quantities beyond the limit, defined in the contract or fixing rates of non-priced works involving any extra item and certifying any additional cost determined under the provisions of contract

(iv) Issuing order for special tests not provided for in the contract and determining the costs of such tests which shall be added to the contract price (only with the approval of CLIENT)

(v) Issuing / approving Technical Specifications if not provided for an item of works in the construction contract document and similarly, for any change in Technical Specification of any item of work

(vi) Instructing acceleration measures to reduce delays

(b) The Consultant will ensure high quality construction within the specified time schedule.

(c) The consultant will prepare the Variation Orders for the approval of employer.

(d) The consultant will examine and recommend the proposals for Extension of Time for the approval of employer.

(e) The consultant will scrutinize Contractor’s claims and advise the Employer on the

admissibility of the claims

(f) Assist the client in taking remedial action to avoid slippages leading to delay in completion of works by the contractor and consequent cost overruns.

6. DUTIES & RESPONSIBILITIES OF ENGINEER

6.1 The duties of the Engineer in addition to the scope of the works detailed under scope of works are to supervise the works and to approve the materials and workmanship of the works in cooperation and consultation with the employer, as spelled out in the construction contract documents for the works. As stated therein, he shall have no authority to relieve the contractors of any of their duties or obligations not included in the contracts. The Engineer will administer the works contracts and ensure that the contractual clauses whether related to quantity or quality are respected. The duties of the Engineer include issuing of decisions, certificates and orders as specified in detail in the construction contract documents. In case of any disparity, the stipulations made in the construction contract documents will prevail in the order of precedence mentioned therein. The Engineer will coordinate the supervision teams to ensure that the technical policies are correctly and consistently implemented on all the road sections. The principal responsibilities of the Engineer will be, but not limited to, the following:

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(a) Ensure that the construction works are in accordance with the technical Specifications and the construction methods proposed by the contractor are in compliance with the above stipulation particularly in relation to contractor’s construction equipment and other

resource deployment. (b) Without relieving the Contractors of their obligations under the Contract, review and

approve the safety plan and ensure compliance. (c) Mobilize the team prior to commencement of works in order to monitor mobilization

activities of the Contractor and to set up contract administration systems as well as to prepare plans for deployment of other key professional staff at the appropriate time to ensure optimized outputs.

(d) Assess the minimum construction equipment, plant and machinery requirements, by type and specification. Monitor regularly to ensure the adequacy of deployment of the Contractors equipment, plant and machinery. Approve and monitor the contractor’s

mobilization program. (e) Approve Contractors Work Program including activity scheduling and resource

programming. Review and approve the revised program of the contractor whenever the previous program is inconsistent with actual progress.

(f) Approve the deployment of Contractor’s key personnel. Carryout the requirement analysis

and recommend to the client for issue of the Project Authority Certificates to the Contractors for availing customs / excise duty exemptions.

(g) Ensure that the contractor takes all necessary steps to protect the environment on and off the site. Ensure compliance with environmental and social impact mitigation measures. Assist the employer in coordinating with different agencies.

(h) Approve construction materials and material sources after obtaining concurrence from Client. Audit the Quality Assurance system. Approve methods, sampling and testing procedure and Quality Control measures of the contractor to ensure required standard and consistency in quality, at the commencement of that activity. Inspect and test all materials to ensure compliance with Technical Specifications of the contract Document.

(i) Without relieving the contractors of their obligations under the Contract, check and approve the Contractor’s working drawings / survey reports prior to construction.

(j) Report the necessity of any modifications / design changes and need for construction contract variation orders as early as possible to Client with full information and reasons. The Engineer shall prepare the variation order for approval of the Employer as stated in Contract Document for works.

(k) Make independent measurements and check all quantity measurements and calculations required for payment purpose. Ensure that all measurements and calculations are carried out in a manner and at the frequencies specified in the contact documents. The field Engineers of the Client is empowered to check any measurements, levels and quality tests.

(l) Monitor the construction progress closely and whenever it is perceived that the completion date of contract is in jeopardy, define the necessary additional resources to be deployed to speed up the progress and direct contractor to take all such necessary steps to maintain

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the rate of progress of works as per the approved program of the contractor on monthly basis;

(m) Evaluate all claims and extensions of time submitted by the Contractor and make judicious recommendations to the Client.

(n) Review the monthly progress reports to be submitted by the contractor in accordance with the contract document and bring out the shortcomings to the notice of the client.

(o) Check and approve as-built drawings for the works prepared by Contractors. If the Contractor fails to submit the As-Built drawings prior to issuing a Taking over Certificate, the Engineer will prepare the same at the cost of the Contractor, as stipulated in relevant clauses of Construction Works Contract Document.

(p) Inspect the works as necessary during the Defects Notification Period. (q) Certify for the release of outstanding balance of retention money to the contractor after the

DLP, as per the relevant clauses of contract document for construction works. (r) Assistance to CLIENT in issuing taken over certificate and performance certificate to the

contractor duly observing the stipulations in the contract document for construction works. (s) Hand over to the client complete set of As-Built drawings (both hard copies and in

electronic form), a complete set of records, reports, photographs of construction, reports and correspondences after the closure of consultancy services.

Other Responsibilities:

(t) Prepare, in consultation with the Employer, a Construction supervision Manual outlining

routines and procedures to be applied in contract management, construction supervision, project cost control, quality control and monitoring and administration.

(u) The Financial progress reports generated by the Consultant shall be interfaced to systems that are operational in Client.

(v) Assist the client in providing replies to observations made in respect of works, from time to time, by any inspecting agency and the Auditor General, Government of India.

(w) Assist the client during Disputes, Board Meetings, Arbitration Proceedings and any other hearings held by statutory and legal body.

(x) VOID. (y) The Engineer shall prepare the periodic progress reports and other reports as stated in

ToR.

7. INTERIM AND FINAL PAYMENTS

(a) The Engineer will process interim and final payments to the Contractors.

(b) In processing of contractual payments, 100% of the measurements will be checked and certified by the site supervisor and the project manager will check and certify at least 50% of the measurements.

(c) Whenever measurements are to be made, the Consultant’s site supervisor will inform the

Contractor and the client’s field Engineer in advance.

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7.1 Additional Services

When requested by the Employer, the Consultant shall provide any additional services to

those specified above through a mutually agreed upon variation order to the Consultant’s

contract.

7.2 Data, services and facilities

(a) Data and Services

The copy of the Contract Agreement will be made available to the Consultant. (b) Accommodation, communication and Vehicles

The Consultant will be responsible for making his own arrangements for all his accommodation (including the office of the Team Leader and associated staff stationed in Bangalore and his site staff). The consultant should also make his own arrangements for office furniture, equipment, stationeries, photocopiers, communication facilities like telephones, web connections, facsimiles, etc. including maintenance thereof and vehicles for transportation of office staff/ field staff etc.

8. REPORTS

The Consultant will prepare and submit to the Client in required no. of copies of each of the following reports: Inception Report: The consultant will submit an Inception Report at the end of first month containing full details of deployment of office & personnel. Construction supervision Manual (2 copies) The construction supervision Manual shall include detailed project procedures for efficient and time-bound implementation of the project and for progress monitoring and quality control. This Manual shall be submitted within one month of the commencement of the consultancy services. Monthly Report The Consultant will, no later than the 10th of each month, submit monthly progress report summarizing the component wise progress vis-à-vis targets,

problems encountered (administrative, technical or financial) and recommendations to

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overcome, expenditure statement, variation orders proposed and approved, status of claims or time extensions requested by

Contractors, status of Works, removal of encumbrances, safety precautions and traffic diversion during

construction, Status of mobilization / deployment of men, machineries and plants, the probable

requirement of key materials for next month and their availability at the end of the month, attendance sheet of the key and technical personnel deployed by the consultant in the field etc. Quarterly Progress Report

Consultant will prepare a comprehensive report summarizing all activities as cited above at the end of each quarter. Contract Completion Reports (2 copies) Consultant will prepare a comprehensive completion report for the contract within 30 days of issuance of Completion Certificate. The report shall summarize all relevant issues pertaining to the package in the format acceptable to the Client. Final Completion Report (2 copies) The Consultant will prepare a comprehensive final completion report within 60 days after issuance of Completion Certificate of the last civil works contract or before the end of Consultancy assignment.

A soft copy of the all above mentioned reports shall be made available to the client as and when the reports are submitted. A review committee comprising of the following officers of the PIU will be reviewing all the reports submitted by the consultant: 1. The Managing Director, KREDL 2. The General Manager, KREDL. 3. The CCF & CAO, KREDL 4. The AGM, EE&EC, KREDL 5. The Asst. Executive Engineer (Civil), KREDL The Committee will review the reports submitted by the consultant, offer suggestions and modifications, required if any, within three weeks of its submission. The Committee will be the sole authority to accept the reports. The Committee may also hold meetings with the consultant if necessary to discuss the reports.

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9. STAFFING SCHEDULE

a) Requirement of Key Professional staff are indicated in the Data Sheet, which is only indicative. The consultant shall however assess the actual requirements based on the quantum of duties to be performed.

b) The client expects that all the proposed key personnel should be available during implementation of the contract. The client will not consider substitutions during contract implementation except under exceptional circumstances.

10. KEY PERSONNEL

Key Professional Staff who‟s C.V. will be evaluated: a. Project Manager (Team Leader) b. Site Team Leader c. Design Engineer d. Site Engineer e. Quality control Engineer

Sub - Professional Staff whose CV need not be submitted: The following categories are only indicative and the consultant may decide upon the requirement based on the scope of work:

(a) Data Entry operators (b) Office assistants

Note: The Consultant has to provide a minimum of the number of key professional staff as detailed above. Any additional personnel required to meet the time schedule of the assignment shall be deployed by the consultant at no extra cost to the client.

11. STAFF QUALIFICATIONS

a) PROJECT MANAGER (TEAM LEADER):

Duties:

The Project Manager will be overall in-charge of the project supervision and coordinate with all other experts of construction project. He shall act as an 'Engineer' on behalf of the consulting firm appointed by the client as already defined earlier. He shall be directly responsible for coordinating the construction program i.e. various works proposed for being carried out under stipulated specifications / manuals etc. For this purpose, he shall be assisted by Key Professionals and other support engineers/personnel. He shall deal directly with the key Professionals and other support staff to ensure that the construction

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process is well controlled as per established specification controls. He will interact with the client.

Qualifications and Experience: As defined in Data sheet.

b) SITE TEAM LEADER

Duties:

The site team leader will be in-charge of the site, supervise and coordinate with the concerned Quality Control Engineer and site supervision team members regularly. He shall be directly responsible for regulating the construction process being carried out. He will assess the need for any minor design modifications and interact with the Team Leader’s offices for necessary approvals. He will report to the Team Leader on a day to

day basis regarding the progress of works. He will also be the Consultant’s nodal officer

on field and liaise with client’s field Executive Engineers and other staff.

Qualifications and Experience: As defined in Data sheet.

c) DESIGN ENGINEER:

Duties:

The Design Engineer will be in-charge of the overall design of the civil / mechanical / electrical works of the building. He will be in-charge of providing the architectural drawings, layout plan of the site & review detailed design. Qualifications and Experience: As defined in Data sheet.

d) SITE ENGINEER:

Duties:

He will be reporting to the project manager on day to day working. His responsibilities will be supervision of the works executed by the partial turnkey contractor and in the areas of quantity surveying / processing of the invoices etc. He will be responsible for reporting all measures required controlling the project cost and time over-runs. He will examine the claims of the contractor, variation orders, if any, and will prepare the progress reports as per the project requirements. For the purpose, he will be required to get the quantity measurements checked in all items of works executed in different stages for calculations required for payment purpose. He will be required throughout the currency of the project. He will be responsible for proper utilization of the materials, quality of the works and to ensure that the contractor adheres to the safety norms required for execution of the works. He will carry out hundred percent measurements of the supplies and works and record /

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certify the quantities for billing. He will also suggest a better / economical alignment of the feeder after study of the survey report.

Qualifications and Experience: As defined in Data sheet.

e) QUALITY CONTROL ENGINEER

Duties:

His duties will involve understanding the design provisions of the proposed work, guiding the field supervision teams in guiding and checking of works, rectifying any apparent mistakes in respect of them, checking and controlling the proper alignments. For this purpose, he will work in close coordination with the site supervisor to effectively control the quality of execution. He will be responsible for the quality of the materials and work execution. He will be responsible for ensuring that the same materials which were tested and accepted is used in the works. Will be responsible for inspection of materials of the supplier, sub vendor and partial turnkey contractor. He will also be responsible for supply chain management of the materials supplied by supplier / CLIENT and also the partial turnkey contractor. He will get the material requirement from the site supervisor / partial turnkey contractor and arrange for the supply of major materials. He will ensure that necessary inspection and tests are carried out before the dispatch of materials to site. He will interface with the stores of CLIENT for accounting of the materials to be supplied by supplier / CLIENT and manage the records of the store accounts pertaining to this scheme.

Qualifications and Experience: As defined in Data sheet.

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ANNEXURE – 1

The probable floor wise occupancy for KREDL Corporate Office consists of the following:

Floors Occupancy Requirement

Lower Basement (LB) Vehicle Parking

Upper Basement (UB) Vehicle Parking + Driver’s Rest Room

Ground Floor

1. Reception

2. Visitors Lounge

3. PRO Room + Staff

4. Conference Hall (50 persons)

5. House Keeping

6. Record Room

7. UPS + LT Panel Room

8. Rest Rooms / Toilets

9. Office for Maintenance Staff / Housekeeping Staff

First Floor

1. Chairman’s Room

2. Visitor’s Lounge

3. Board’s Room

4. Staff Room

5. Rest Rooms / Toilets

6. Any other

Second Floor

1. DGM + AGM + Staff (10 rooms for Technical Staff)

2. DGM + AGM + Staff (3 rooms for Account staff)

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Floors Occupancy Requirement

3. Rest Rooms / Toilets

4. Mini Conference Hall – 1

5. Visitor’s Lounge

Third Floor

1. DGM + AGM + Staff (13 rooms for technical)

2. Rest Rooms / Toilets

3. Mini Conference Hall – 1

4. Visitor’s Lounge

5. Any other - 1

Fourth Floor

1. Managing Director chamber + Ante Room

2. Personal Section + Staff

3. General Manager chamber + Ante Room

4. Personal Section + Staff

5. CCF & CAO chamber + Ante Room

6. Personal Section +Staff

7. Visitor’s Lounge

8. Conference Hall

9. Rest Rooms / Toilets

10. Any other

Fifth Floor

1. Cafeteria

2. Rest Rooms / Toilets

3. Solar Panels (on top of roof)

4. Any other – 1

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Floors Occupancy Requirement

5. Any other – 2

6. Any other – 3

Note:

1. Building shall be designed for 6 floors above basement (LB + UB + 6 Floors).

2. Provision shall be made for providing lift arrangements / with stair case rooms from LB to top floor.

3. Facility for providing and fixing Solar Photovoltaic panels over the top of roof of the building for generation of electricity for demonstration purpose.

4. Rain water harvesting of the building with a sump and OHT.

5. Landscaping around the building with water bodies like fountain etc.

6. Portico at main entrance.

7. Electrical fittings complacement with green building concepts.

8. Arrangement for fire fighting for the building.

9. Road all round the building.

10. Furniture layout of the building for all the floors.

11. Interiors of the building.

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SECTION – 6:

GENERAL CONDITIONS AND SPECIAL CONDITIONS OF CONTRACT

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Table of Contents

Sr. No. Description Page No.

I. Form of Contract 88

II. General Conditions of Contract 90

1.1 Definitions 90

1.2 Relationship Between the Parties 91

1.3 Law Governing Contract 91

1.4 Language 91

1.5 Headings 91

1.6 Notices 92

1.7 Location 92

1.8 Authorized Representatives 92

1.9 Taxes and Duties 92

1.10 Fraud and Corruption 92

2 Commencement, Completion, Modification and

Termination of Contract 95

2.1 Effectiveness of Contract 95

2.2 Termination of Contract for Failure to Become Effective 95

2.3 Commencement of Services 95

2.4 Expiration of Contract 95

2.5 Entire Agreement 95

2.6 Modifications or Variations 94

2.7 Force Majeure 96

2.8 Suspension 97

2.9 Termination 97

3. Obligation of the Consultant 100

3.1 General 100

3.2 Conflict of Interests 100

3.3 Confidentiality 101

3.4 Liability of the Consultant 101

3.5 Insurance to be Taken out by the Consultant 101

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Table of Contents

Sr. No. Description Page No.

3.6 Accounting, Inspection and Auditing 101

3.7 Consultant’s Actions Requiring Client’s Prior Approval 102

3.8 Reporting Obligations 102

3.9 Documents Prepared by the Consultant to be the Property of the

Client 102

3.10 Equipment, Vehicles and Materials Furnished by the Client 103

3.11 Equipment and Materials Provided by the Consultants 104

4. Consultant‟s Personnel and Sub Consultants 105

4.1 General 105

4.2 Description of Personnel 105

4.3 Approval of Personnel 105

4.4 Working Hours, Overtime, Leave, etc 105

4.5 Removal and/or Replacement of Personnel 105

5. Obligations of the Client 106

5.1 Assistance and Exemptions 106

5.2 Access to Land 106

5.3 Change in the Applicable Law Related to Taxes and Duties 106

5.4 Payment 106

6. Payments to the Consultants 107

6.1 Ceiling Amount 107

6.2 Payments 107

6.3 Currency of Payment 107

6.4 Mode of Billing and Payment 107

7. Fairness and Good Faith 109

7.1 Good Faith 109

7.2 Operation of the Contract 109

8. Settlements of Disputes 110

8.1 Amicable Settlement 110

8.2 Dispute Resolution 110

9. Penalty 111

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Table of Contents

Sr. No. Description Page No.

10 Time Period for Various Activities 112

11 Performance Guarantee 113

12 Period of Validity of PG 114

13 Claims under Performance Guarantee 115

14 Indemnity 116

15 Assignment 117

III. Special Conditions of Contract 118

IV. Appendices 123

Appendix – A: Description of Services 123

Appendix – B: Reporting Requirements 125

Appendix – C: Key Personnel and Sub Consultants 127

Appendix – D: Price Break up Contract Amount of

Consultancy 128

Appendix – E: Time line for Completion of the Activities 130

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CONTRACT FOR CONSULTANT‟S SERVICES

Between

[Name and Address of the Client]

and

[Name and Address of the Consultant]

Dated:

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I. Form of Contract

(Text in brackets [ ] is optional; all notes should be deleted in final text) This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of [month], [year], between, on the one hand, [name of client] (hereinafter called the “Client”) and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”). [Note: If the Consultant consist of more than one entity, the above should be partially amended to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture / Consortium / association consisting of the following entities, each of which will be jointly and severally liable to the Client for all the Consultant’s obligations under this Contract, namely, [name of Consultant] and [name of Consultant] (hereinafter called the “Consultant”).]

WHEREAS,

a. the Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”);

b. the Consultant, having represented to the Client that he has the required professional skills, and personnel and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this Contract: (a) Tender Notification (b) Terms of Reference (and Section 2: Instructions to the Consultants) (c) The General Conditions of Contract (d) The Special Conditions of Contract (e) The following Appendices:

[Note: If any of these Appendices are not used, the words “Not Used” should be inserted below, next to the title of the Appendix]

Appendix A: Description of Services Appendix B: Reporting Requirements Appendix C: Key personnel Appendix D: Break down of Contract price

2. The mutual rights and obligations of the Client and the Consultant 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

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(b) the Client shall make payments to the Consultant 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 [name of Client] [Authorized Representative] For and on behalf of [name of Consultant] [Authorized Representative] [Note: If the Consultant consists of more than one entity, all these entities should appear as signatories, e.g., in the following manner:] For and on behalf of each of the Members of the Consultant [Name of member] [Authorized Representative] [Name of member] [Authorized Representative]

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II. General Conditions of Contract

1. GENERAL PROVISIONS

1.1 Definitions

1.1.1 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 the Government’s country, or in such other country as may be specified in the Special Conditions of Contract (SC), as they may be issued and in force from time to time.

(b) “Applicable Permit” means each and every national, state, local or other license, consent, appraisal, authorization, ruling, exemption, franchise, variance, order, judgment, decree, declaration, regulation, certification, filing, recording, permit (including, where applicable, conditional permits) or other approval with, from or of any governmental authority, including each and every environmental, construction, use or occupancy permit and any agreement, consent or approval from or with any other person, that is required by any Applicable Law for the lawful performance of the Services by the Consultant or the subcontractors.

(c) “Consultant” means any private or public entity (Consulting firm or Energy Service Company) that will provide the Services to the Client under the Contract.

(d) “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1, that is these General Conditions (GC), the Special Conditions (SC), and the Appendices.

(e) “Day” means calendar day.

(f) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1.

(g) “GC” means the General Conditions of Contract.

(h) “Government” means the Government of the Client’s country which shall be India.

(i) “Local Currency” means the currency of the Client’s country.

(j) “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of them.

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(k) “Personnel” means professionals and support staff provided by the Consultants or by any Sub-Consultants and assigned to perform the Services and “Key Personnel” means the Personnel referred to in Clause GC 4.2(a).

(l) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented.

(m) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A hereto.

(n) “Sub-Consultants” means any person or entity to whom/which the Consultant subcontracts any part of the Services.

(o) “Third Party” means any person or entity other than the Government, the Client, the Consultant or a Sub-Consultant.

(p) “In writing” means communicated in written form with proof of receipt.

(q) “Similar work” means an assignment consisting of testing of materials used in civil / electrical infrastructure projects at the manufacturers site, survey, supervision of electrical infrastructure works, material management, measurement billing for any electrical utility.

1.2 Relationship between the Parties

1.2.1 Nothing contained herein shall be construed as establishing a relationship of master and servant or of principal and agent as between the Client and the Consultant. The Consultant, subject to this Contract, has complete charge of Personnel and Sub-Consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.

1.3 Law Governing Contract

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

1.4 Language

1.4.1 This Contract has been executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

1.5 Headings

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

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1.6 Notices

1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SC.

1.6.2 A Party may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the SC.

1.7 Location

1.7.1 The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in the Government’s country or elsewhere, as the Client may approve.

1.8 Authorized Representatives

1.8.1 Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SC.

1.9 Taxes and Duties

1.9.1 The Consultant and Personnel shall pay such direct / indirect taxes, duties, fees and all other impositions levied under the Applicable Law as specified in the SC except service tax that will be reimbursed by the Client. For the purpose of this Contract, the term Taxes shall include but not be limited to any taxes, duties (including stamp duties), excise, charges, fees, levies or other similar assessments by or payable to a Government authority or levied by the central or state or local government.

1.10 Fraud and Corruption

1.10.1 For the purposes of this Sub-Clause, the terms set-forth below are defined as follows:

(i) “corrupt practice”1 is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;

(ii) “fraudulent practice”2 is any act or omission, including a misrepresentation, that

knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

1 “Another party” refers to a public official acting in relation to the selection process or contract execution. In this context, “public official” includes staff and employees of other organizations taking or reviewing procurement decisions.

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(iii) “collusive practice”3 is an arrangement between two or more parties designed to

achieve an improper purpose, including to influence improperly the actions of another party. For the purpose of interpretation, the collusive practices herein include but are not limited to the following:

(i) Any meeting between the Consultant and the Third Party prior to the execution of the Contract that may disadvantage the Client;

(ii) Exchange of information between the Consultant and the Third Party about the bid prior to the execution of the Contract;

(iii) Agreement or collaboration between the Consultant and the Third Party to fix prices or conditions of the Contract;

(iv) any unlawful or illegitimate agreement between the Consultant and the Third Party before the execution of the Contract such as fixing special rates of payment to the Third Party where the payment of such fees is conditional on tender being awarded a Contract; and

(v) any other unfair trade practices in order to achieve improper purpose listed above.

(iv) “coercive practice”4 is impairing or harming, or threatening to impair or harm,

directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede Client’s investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

(bb) acts intended to materially impede the exercise of the Client’s inspection and audit

rights provided for under Clause 3.6.

2 A “party” refers to a public official; the terms “benefit” and “obligation” relate to the selection process or contract execution; and the “act or omission” is intended to influence the selection process or contract execution. 3 “Parties” refers to participants in the selection process (including public officials) attempting to establish bid prices at artificial, non competitive levels. 4 A “party” refers to a participant in the selection process or contract execution.

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1.10.2 Measures to be Taken

(i) The Client shall declare ineligible or terminate the Contract awarded to the Consultant, either indefinitely or for a stated period of time, if at any time, the Client determines that the Consultant has, directly or through an agent, engaged in Corrupt, Fraudulent, Collusive, Coercive, or Obstructive practices in competing for, or in executing, a Client Contract.

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2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

2.1 Effectiveness of Contract

2.1.1 This Contract shall come into force and effect on the date (the “Effective Date”) of the Client’s notice to the Consultant instructing the Consultant to begin carrying out the

Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SC have been met.

2.2 Termination of Contract for Failure to Become Effective

2.2.1 If this Contract has not become effective within such time period after the date of the Contract signed by the Parties as specified in the SC either Party may, by not less than twenty one (21) days written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto.

2.3 Commencement of Services

2.3.1 The Consultant shall begin carrying out the Services not later than the number of days after the Effective Date specified in the SC.

2.4 Expiration of Contract

2.4.1 Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the SC.

2.5 Entire Agreement

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

2.6 Modifications or Variations

2.6.1 Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. Pursuant to Clause GC 7.2 here of, however, each Party shall give due consideration to any proposals for modification or variation made by the other Party.

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2.7 Force Majeure

2.7.1 Definition

(a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the

reasonable control of a Party, is not foreseeable, is unavoidable, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as

reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other similar industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by Government agencies.

(b) Force Majeure shall not include (but is not limited to the following) (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Sub-Consultants or agents or employees, nor (ii) any event which was a result of the failure of such Party or any of its Sub Contractors to perform its obligations hereunder (ii) any event which a diligent Party could reasonably have been expected both to take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder.

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

2.7.2 No Breach of Contract

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

2.7.3 Measures to be Taken

(a) A Party affected by an event of Force Majeure shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

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

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(c) 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.

(d) During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultant, upon instructions by the Client, shall either:

(i) demobilize, in which case the Consultant shall be reimbursed for additional costs they

reasonably and necessarily incurred, and, if required by the Client, in reactivating the Services; or

(ii) continue with the Services to the extent possible, in which case the Consultant shall continue to be paid under the terms of this Contract and be reimbursed for additional costs reasonably and necessarily incurred.

(e) In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause GC 8.

2.8 Suspension

2.8.1 The Client may, by written notice of suspension to the Consultant, suspend all payments to the Consultant hereunder if the Consultant fails to perform any of its obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultant of such notice of suspension.

2.9 Termination

2.9.1 By the Client

The Client may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (h) of this Clause GC 2.9.1. In such an occurrence the Client shall give a not less than thirty (30) days’ written notice of termination to the

Consultants, and sixty (60) days’ in case of the event referred to in (h).

(a) If the Consultant fails to remedy a failure in the performance of its obligations hereunder, as specified in a notice of suspension pursuant to Clause GC 2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the Client may have subsequently approved in writing.

(b) If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its Members becomes) insolvent or bankrupt or enter into any agreements with their

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creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary.

(c) If the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof.

(d) If the Consultant, in the judgment of the Client, has engaged in corrupt or fraudulent practices in competing for or in executing this Contract. For this purpose, the Fraudulent and Corrupt activities shall have the same meaning contemplated in Section 1.10 of this Contract.

(e) If the Consultant submits to the Client a false statement which has a material effect on the rights, obligations or interests of the Client.

(f) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days. If the Services performed by the Consultant till such date is untimely, defective or unacceptable or fails to meet the Clients’ stipulated standards.

(g) If during the term of this Contract, any type of claim is made against the Client on account of Services.

2.9.2 (h) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract by the Consultant.

(a) The Consultant may terminate this Contract, by not less than thirty (30) days’ written notice

to the Client, in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause GC 2.9.2.

(b) If the Client fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GC 8 hereof within forty-five (45) days after receiving written notice from the Consultant that such payment is overdue.

(c) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days.

(d) If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 8 hereof.

(e) If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Consultant may have subsequently approved in writing) following the receipt by the Client of the Consultant’s notice specifying such breach.

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2.9.3 Cessation of Rights and Obligations

(a) Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof, (iii) the Consultant’s obligation to permit inspection, copying and

auditing of their accounts and records set forth in Clause GC 3.6 hereof, and (iv) any right which a Party may have under the Applicable Law.

2.9.4 Cessation of Services

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

2.9.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Client shall make the following payments to the Consultant:

a) Payments pursuant to Clause GC 6 hereof for Services satisfactorily performed prior to the effective date of termination. and

b) Except in the case of termination pursuant to paragraphs (a) through (e) of Clause GC 2.9.1 hereof, payment of any reasonable cost incidental to the prompt and orderly termination of this Contract.

2.9.6 Disputes about Events of Termination

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

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3. OBLIGATIONS OF THE CONSULTANT

3.1 General

3.1.1 Standard of Performance

The Consultant shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful adviser to the Client, and shall at all times support and safeguard the Client’s legitimate interests in any dealings with

Sub-Consultants or Third Parties.

3.1.2 Law Governing Services

The Consultant shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Sub-Consultants, as well as the Personnel of the Consultant and any Sub-Consultants, comply with the Applicable Law and shall at all times have the Applicable Permit to perform the Services. The Client shall notify the Consultant in writing of relevant local customs, and the Consultant shall, after such notification, respect such customs.

3.2 Conflict of Interests

The Consultant shall hold the Client’s interests paramount, without any consideration for

future work, and strictly avoid conflict with other assignments or their own corporate interests.

3.2.1 Consultant not to Benefit from Commissions, Discounts, etc.

(a) The payment of the Consultant pursuant to Clause GC 6 hereof shall constitute the Consultant’s only payment in connection with this Contract and, subject to Clause GC 3.2.2 hereof, the Consultant shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or in the discharge of its obligations hereunder, and the Consultant shall use its best efforts to ensure that any Sub-Consultants, as well as the Personnel and agents of either of them, similarly shall not receive any such additional payment.

(b) Furthermore, if the Consultant, as part of the Services, has the responsibility of advising the Client on the procurement of goods, works or services, the Consultant shall comply with the client’s applicable procurement guidelines, and shall at all times exercise such

responsibility in the best interest of the Client. Any discounts or commissions obtained by

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the Consultant in the exercise of such procurement responsibility shall be for the account of the Client.

3.2.2 Consultant and Affiliates Not to Engage in Certain Activities

(a) The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-Consultants and any entity affiliated with such Sub-Consultants, shall be disqualified from providing goods, works or services (other than consulting services) resulting from or directly related to the Consultant’s Services for the preparation or implementation of the project.

3.2.3 Prohibition of Conflicting Activities

(a) The Consultant shall not engage, and shall cause their Personnel as well as their Sub-Consultants and their Personnel not to engage, either directly or indirectly, in any business or professional activities that would conflict with the activities assigned to them under this Contract.

3.3 Confidentiality

3.3.1 Except with the prior written consent of the Client, the Consultant and the Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services.

3.4 Liability of the Consultant

3.4.1 Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability under

this Contract shall be provided by the Applicable Law.

3.5 Insurance to be Taken out by the Consultant

3.5.1 The Consultant (i) shall take out and maintain, and shall cause any Sub-Consultants to take out and maintain, at their (or the Sub-Consultants’, as the case may be) own cost but

on terms and conditions approved by the Client, insurance against the risks, and for the coverage’s specified in the SC, and (ii) at the Client’s request, shall provide evidence to

the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid.

3.6 Accounting, Inspection and Auditing

3.6.1 The Consultant shall permit the Client and/or persons appointed by the Client to inspect its accounts and records as well as those of its Sub-Consultants relating to the performance of the Contract, and to have such accounts and records audited by auditors appointed by the Client if required. The Consultant’s attention is drawn to Clause 1.10.1 which provides,

inter alia, that acts intended to materially impede the exercise of the Client’s inspection

and audit rights provided for under Clause 3.6 constitute a prohibited practice subject to

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contract termination (as well as to a determination of ineligibility under the Consultant Guidelines).

3.7 Consultant‟s Actions Requiring Client‟s Prior Approval

3.7.1 The Consultant shall obtain the Client’s prior approval in writing before taking any of the following actions:

(a) Any change or addition to the Personnel listed in Appendix C.

(b) Subcontracts: the Consultant may subcontract work relating to the Services to an extent

and with such experts and entities as may be approved in advance by the Client. Notwithstanding such approval, the Consultant shall retain full responsibility for the Services. In the event that any Sub-Consultants are found by the Client to be incompetent or incapable in discharging assigned duties, the Client may request the Consultant to provide a replacement, with qualifications and experience acceptable to the Client, or to resume the performance of the Services itself.

(c) (i) In the event of the Consultant being a Partnership Firm or Limited Liability Partnership, the Consultant during the term of this Contract, shall not be reconstituted without the Client’s prior approval;

(ii) In the event of the Consultant being a sole proprietorship concern, the Consultant during the term of this Contract shall not be reconstituted thereof in any manner without the Client’s prior approval;

(iii) In the event of the Consultant being a Company, the Consultant during the term of this Contract shall not change its directors or share holding or its capital structure, without the Client’s prior approval.

(d) Any other action that may be specified in the SC.

3.8 Reporting Obligations

(a) The Consultant shall submit to the Client the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix. Final reports shall be delivered in CD ROM in addition to the hard copies specified in said Appendix.

3.9 Documents Prepared by the Consultant to be the Property of the Client:

For the purpose of this Section the term “Intellectual Property” includes any patents, trademarks, designs, copyrights, software, applications for any of such rights, trade or business names, inventions, processes, geographical indications, neighbouring rights, trade secrets, know-how, integrated circuits, exploitation of any present or future

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technologies, proprietary information, and other industrial property rights and intangible assets in the Services.

(a) The Consultant (by itself or through the Sub Contractors) fully covenants to the Client that the Services performed and the work product created out of the Services will not be in infringement of any intellectual property right of any Third Party and further agrees to indemnify and hold the Client, its servants and agents, free and harmless from any prejudice, damages and expenses, including legal expenses incurred as a result of claims or legal proceedings brought against the Client,its servants or agents in connection with the foregoing.

(b) All the Intellectual Property which includes but is not limited to the plans, drawings, specifications, designs, reports, other documents and software created or prepared by the Consultant for the Client under this Contract for the Services shall become and remain the property of the Client which includes but is not limited to the created or developed Intellectual Property, and the Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof.

(c) For the purpose of the aforesaid section, the Consultant is deemed to have irrevocably assigned and transferred the same to the Client, free from any requirement on the part of the Consultant to pay any fees. Further and if required by the Client and at the cost of the Consultant, the Consultant will execute and deliver to the Client all relevant documents or assignments and transfer in respect of the Intellectual Property rights and the documents will be in such form as may be required by the Client in this regard.

(d) Further if any such Intellectual Property rights cannot be assigned to the Client and cannot be waived, the Consultant hereby grants to the Client an exclusive, perpetual, worldwide and royalty-free license to use, apply and otherwise exploit the Intellectual Property rights and to extend sub-license (through any number of tiers or sub-license) in and to the same.

(e) The Consultant unconditionally waives all moral rights (as defined in the Applicable Law) that the Consultant may have in respect of the Intellectual Property created or developed in course of performance of Services.

Other restrictions about the future use of these documents and software, if any, shall be specified in the SC.

3.10 Equipment, Vehicles and Materials Furnished by the Client

(a) Equipment, vehicles and materials made available to the Consultant by the Client, or purchased by the Consultant wholly or partly with funds provided by the Client, shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultant shall make available to the Client an inventory of such

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equipment, vehicles and materials and shall dispose of such equipment and materials in accordance with the Client’s instructions. While in possession of such equipment, vehicles and materials, the Consultant, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value.

3.11 Equipment and Materials Provided by the Consultants

(a) Equipment or materials brought into the Government’s country by the Consultant and the

Personnel and used either for the Project or personal use shall remain the property of the Consultant or the Personnel concerned, as applicable.

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4. CONSULTANT‟S PERSONNEL AND SUB-CONSULTANTS

4.1 General

4.1.1 The Consultant shall employ and provide such qualified and experienced Personnel and Sub-Consultants as are required to carry out the Services.

4.2 Description of Personnel

4.2.1 The title, agreed job description, minimum qualification and estimated period of engagement in the carrying out of the Services of each of the Consultant’s Key Personnel are described in Appendix C. If any of the Key Personnel has already been approved by the Client, his/her name is listed as well.

4.3 Approval of Personnel

4.3.1 The Key Personnel and Sub-Consultants listed by title as well as by name in Appendix C are hereby approved by the Client. In respect of other Personnel which the Consultant proposes to use in the carrying out of the Services, the Consultant shall submit to the Client for review and approval a copy of their Curricula Vitae (CVs). If the Client does not object in writing (stating the reasons for the objection) within twenty-one (21) days from the date of receipt of such CVs, such Personnel shall be deemed to have been approved by the Client.

4.4 Working Hours, Overtime, Leave, etc.

4.4.1 Any taking of leave by Personnel shall be subject to the prior approval by the Consultant who shall ensure that absence for leave purposes will not delay the progress and adequate supervision of the Services.

4.5 Removal and/or Replacement of Personnel

4.5.1 Except as the Client may otherwise agree, no changes shall be made in the Personnel. If, for any reason beyond the reasonable control of the Consultant, such as retirement, death, medical incapacity, among others, it becomes necessary to replace any of the Personnel, the Consultant shall forthwith provide as a replacement a person of equivalent or better qualifications.

4.5.2 If the Client (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consultant shall, at the Client’s written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the Client.

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5. OBLIGATIONS OF THE CLIENT

5.1 Assistance and Exemptions

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

(a) Provide the Consultant, Sub-Consultants and Personnel with work permits and such other documents as shall be necessary to enable the Consultant, Sub-Consultants or Personnel to perform the Services.

(b) Facilitate prompt clearance through customs of any property required for the Services and of the personal effects of the Personnel and their eligible dependents.

(c) Issue to officials, agents and representatives of the Government all such instructions as may be necessary or appropriate for the prompt and effective implementation of the services.

(d) Provide to the Consultant, Sub-Consultants and Personnel any such other assistance as may be specified in the SC.

5.2 Access to Land

5.2.1 The Client warrants that the Consultant shall have, free of charge, unimpeded access to all land in the Government’s country in respect of which access is required for the

performance of the Services. The Client will be responsible for any damage to such land or any property thereon resulting from such access and will indemnify the Consultant and each of the Personnel in respect of liability for any such damage, unless such damage is caused by the default or negligence of the Consultant or any Sub-Consultants or the Personnel of either of them.

5.3 Change in the Applicable Law Related to Taxes and Duties

5.3.1 If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes, the Client will reimburse the tax actually paid by the Consultant.

5.4 Payment

5.4.1 In consideration of the Services performed by the Consultant under this Contract, the Client shall make to the Consultant such payments and in such manner as is provided by Clause GC 6 of this Contract.

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6. PAYMENTS TO THE CONSULTANT

6.1 Ceiling Amount

6.1.1 Except as may be otherwise agreed, payments under this Contract shall not exceed the ceilings specified in the agreement.

6.2 Payments

6.2.1 Payment shall be determined on the basis of services actually rendered by the Consultant at the rates referred below. All the payments to be made by the Client under this Contract shall be fixed and the Consultant hereby agrees that it shall not increase its prices for whatsoever reason during the term of this Contract.

Refer Appendix “D”

6.3 Currency of Payment

6.3.1 Payments shall be made in the currency of the Client’s country.

6.4 Mode of Billing and Payment

6.4.1 Billings and payments in respect of the Services shall be made as follows:

(a) As soon as practicable and not later than fifteen (15) days after the end of each calendar month during the period of the Services, or after the end of each time intervals otherwise indicated in the SC, the Consultant shall submit to the Client, in duplicate, itemized statements, accompanied by copies of invoices, vouchers and other appropriate supporting materials, of the amounts payable pursuant to Clauses GC 6.3 and GC 6.4 for such activity indicated in the SC.

(b) The final payment under this Clause shall be made only after the final report and a final statement, identified as such, shall have been submitted by the Consultant and approved as satisfactory by the Client. The Services shall be deemed completed and finally accepted by the Client and the final report and final statement shall be deemed approved by the Client as satisfactory ninety (90) calendar days after receipt of the final report and final statement by the Client unless the Client, within such ninety (90) day period, gives written notice to the Consultant specifying in detail deficiencies in the Services, the final report or final statement. The Consultant shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated. Any amount, which the Client has paid or caused to be paid in accordance with this Clause in excess of the amounts actually payable in accordance with the provisions of this Contract, shall be reimbursed by the Consultant to the Client within thirty (30) days after receipt by the Consultant of notice thereof. Any such claim by the Client for reimbursement must be

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made within twelve (12) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with the above.

(c) All payments under this Contract shall be made to the accounts of the Consultant specified in the SC.

(d) With the exception of the final payment under (d) above, payments do not constitute acceptance of the Services nor relieve the Consultant of any obligations hereunder.

(e) Payment shall be made within 30 days from the receipt of the invoices subjected to no discrepancies in the bill. If any discrepancy in the bills then it will be intimated within 7 days from the submission of the invoices.

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7. FAIRNESS AND GOOD FAITH

7.1 Good Faith

7.1.1 The Parties undertake to act in good faith with respect to each other’s rights under this

Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

7.2 Operation of the Contract

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

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8. SETTLEMENT OF DISPUTES

8.1 Amicable Settlement

8.1.1 If either Party objects to any action or inaction of the other Party, the objecting Party may file a written Notice of Dispute to the other Party providing in detail the basis of the dispute. The Party receiving the Notice of Dispute will consider it and respond in writing within 14 days after receipt. If that Party fails to respond within 14 days, or the dispute cannot be amicably settled within 14 days following the response of that Party, Clause GC 8.2 shall apply.

8.2 Dispute Resolution

8.2.1 Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be settled amicably according to Clause GC 8.1 may be submitted by either Party for settlement in accordance with the provisions specified in the SC.

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9. PENALTY (a) VOID

(b) VOID

(c) VOID

(d) Penalty at the rate of 0.5% of the amount payable for the delay in performing the activity per week subject to a máximum of 10% of the Contract Amount.

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10. TIME PERIOD FOR VARIOUS ACTIVITIES

As per Appendix "E”

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11. PERFORMANCE GUARANTEE

11.1 The consultant shall provide guarantee for the performance of the contract within 14 days after the receipt of the LOA. The PG guarantee shall be in the form of an unconditional Bank guarantee issued by a scheduled bank located in India amounting to 10% of the consultancy Contract value and in the format prescribed or in such other format as may be agreed between the employer and the consultant. The cost and complying with the requirement of this clause shall be borne by the consultant. No interest will be payable on the PG.

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12. PERIOD OF VALIDITY OF PG

12.1 The PG shall be valid until the Consultant has executed and completed the works therein in accordance with the Contract at least for a period of one year after the project completion.

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13. CLAIMS UNDER PERFORMANCE GUARANTEE

13.1 Prior to including a claim under the performance Guarantee the Client shall in every case notify the consultant stating the nature of the default in respect of which the claim is made.

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14. INDEMNITY

14.1 The Consultant hereby agrees to indemnify and hold harmless the Client, its agents and employees from and against all direct and indirect liabilities, claims, damages, Losses, costs and expenses arising out of or in any way connected with the Consultant’s or its sub

contractor’s or its representatives’ breach of terms and conditions of this Contract to the

tune of the amount prescribed in clause 3.4 of the SC. For the purposes of this section, the term Losses shall include any and all liabilities (including liabilities arising out of the application of the doctrine of strict liability), obligations, losses, damages, penalties, claims, actions, suits, judgments, costs, expenses and disbursements and, including reasonable legal fees and expenses and costs of investigation.

14.2 The Consultant assumes all liabilities for damages suffered by any person and/or property of the Client, its employees or agents or third parties, by the act of the Consultant or Sub Contractors or Representatives in relation to the Services to the tune of the amount prescribed in clause 3.4 of the SC.

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15. ASSIGNMENT

15.1 The Consultant agrees not to assign or subcontract any part of this Contract, without first obtaining the written consent of the Client and no such assignment shall be binding on the Client until the assignment is accepted in writing by the Client.

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III. Special Conditions of Contract

Number of GC Clause

Amendments of and Supplements to, Clauses in the General Conditions of Contract

1.1(a) The words "in the Government's country" are amended to read "in India

1.4 The language is English

1.6

The addresses are:

Client: Managing Director, KREDL, No.39,”Shanthi Gruha” Bharat Scouts & Guides Building, Palace Road, Bangalore - 560 001 Tel.: + 080 22207851 Fax: + 080 22257399 E-mail: [email protected] Consultant: ……………………………………..

Attention: ……………………………………

Facsimile : …………………………………….

1.8

The Authorized Representatives are:

For the Client Managing Director, KREDL, Bangalore - 560 001 e-mail: [email protected] For the Consultant: ……………….

1.9

Add to clause 1.9: The corporate tax payable by the consultant shall not be

reimbursed by the Client.

a) Personnel income tax payable by personnel of the Consultant or his

sub-consultant shall not be reimbursed by the Client.

b) The Client will effect Tax Deduction at Source (TDS) at the

applicable rate on the payments made to the Consultants and TDS

certificates will be issued.

c) The Client warrants consultancy firms, the consultancy service taxes

paid in India in respect of this Contract will be reimbursed.

2.1 The effective conditions are:

Client’s approval of Consultant’s proposal for appointment of specified

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Number of GC Clause

Amendments of and Supplements to, Clauses in the General Conditions of Contract

Key staff members

2.2 The time period shall be one month or such other time period as the

parties may agree in writing.

2.3 From the date of issue of LOI

2.4 The time duration to complete the Project : 15 months

3.4

3.4 Limitation of the Consultants' Liability towards the Client

(a) Except in case of gross negligence or wilful misconduct on the part of

the Consultants or on the part of any person or firm acting on behalf of

the Consultants in carrying out the Services, the Consultants, with

respect to damage caused by the Consultants to the Client's property,

shall not be liable to the Client:

(i) for any indirect or consequential loss or damage; and

(ii) for any direct loss or damage that exceeds three times the total value

of the Contract.

(b) This limitation of liability shall not affect the Consultants' liability, if any,

for damage to Third Parties caused by the Consultants or any person or

firm acting on behalf of the Consultants in carrying out the Services”.

3.5

The risks and the coverage shall be as follows:

(a) Third Party motor vehicle liability insurance in respect of motor

vehicles operated in the Government's country by the Consultant

or its Personnel or any Sub-Consultants or their Personnel, with a

minimum coverage as per Motor Vehicle Act, 1988 for the period of the

services.

(b) Third Party liability insurance, with a minimum coverage of

Rs 1,00,000

(c) Professional liability insurance, with a minimum coverage equal to 1.5

times the contract value for this consultancy

(d) (d) Employer's liability and workers' compensation insurance in

respect of the Personnel of the Consultant and of any Sub-Consultants,

in accordance with the relevant provisions of the Applicable Law, as well

as, with respect to such Personnel, any such life, health, accident, travel

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Number of GC Clause

Amendments of and Supplements to, Clauses in the General Conditions of Contract

or other insurance as may be appropriate; and

(e) Insurance against loss of or damage to

(f) any document prepared by the consultant in the performance of the

services

3.7 (c)

The other actions are:

Taking any action under the contract designating the Consultant as

“Engineer”, for which action, pursuant to such works contract, the written

approval of the Client as “Employer” is required”.

3.9 “The Consultants shall not use these documents for purposes unrelated to

this Contract without the prior written approval of the Client”

8.2

Disputes shall be settled by arbitration in accordance with the following provisions:

8.2.1 Selection of Arbitrators:

Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or an arbitration panel composed of three arbitrators, in accordance with the following provisions:

Where the Parties agree that the dispute concerns a technical matter, they may agree to appoint a sole arbitrator or, failing agreement on the identity of such sole arbitrator within thirty (30) days after receipt by the other Party of the proposal of a name for such an appointment by the Party who initiated the proceedings, either Party may apply to the Managing Director, KREDL for a list of not fewer than five nominees and on receipt of such list, the Parties shall alternately strike names there from, and the last remaining nominee on the list shall be the sole arbitrator for the matter in dispute. If the last remaining nominee has not been determined in this manner within sixty (60) days of the date of the list, the Managing Director, KREDL, shall appoint, upon the request of either Party and from such list or otherwise, a sole arbitrator for the matter in dispute.

Where the Parties do not agree that the dispute concerns a technical matter, the Client and the Consultants shall each appoint one arbitrator, and these two arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel. If the arbitrators named by the Parties do not succeed in appointing a third arbitrator within thirty (30) days after the

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Number of GC Clause

Amendments of and Supplements to, Clauses in the General Conditions of Contract

latter of the two arbitrators named by the Parties has been appointed, the third arbitrator shall, at the request of either Party, be appointed by Secretary, the Indian Council of Arbitration, New Delhi.

If, in a dispute subject to Clause SC 8.2.1(b), one Party fails to appoint its arbitrator within thirty (30) days after the other Party has appointed its arbitrator, the Party which has named an arbitrator may apply to the Secretary, Indian Council of Arbitration, New Delhi, to appoint a sole arbitrator for the matter in dispute, and the arbitrator appointed pursuant to such application shall be the sole arbitrator for that dispute.

8.2.2 Rules of Procedure:

Arbitration proceedings shall be conducted in accordance with procedure of the Arbitration & Conciliation Act 1996, of India unless the Consultant is a foreign national/firm, where arbitration proceedings shall be conducted in accordance with the rules of procedure for arbitration of the United Nations Commission on International Trade Law (UNCITRAL) as in force on the date of this Contract.

8.2.3 Substitute Arbitrators:

If for any reason an arbitrator is unable to perform his function, a substitute shall be appointed in the same manner as the original arbitrator.

8.2.4 Qualifications of Arbitrators:

The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a) through (c) of Clause 8.2.1 hereof shall be an internationally recognized legal or technical expert with extensive experience in relation to the matter in dispute and shall not be national of consultant’s home country.

For the purposes of this Clause, “home country” means any of:

(a) the country of incorporation of the Consultant or

(b) the country in which the Consultant’s principal place of business

is located; or

(c) the country of nationality of a majority of the Consultant’s

shareholders; or

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Number of GC Clause

Amendments of and Supplements to, Clauses in the General Conditions of Contract

(d) the country of nationality of the Sub-Consultants concerned, where the dispute involves a subcontract

8.2.5 Miscellaneous:

In any arbitration proceeding hereunder:

(a) Proceedings shall, unless otherwise agreed by the Parties, be held in Bangalore, Karnataka, India.

(b) The English language shall be the official language for all purposes; and

(c) The decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction, and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement.

14.1

Please refer clause 3.4.

14.2 Please refer clause 3.4.

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IV. Appendices

Appendix – A: Description of Services

The scope of the Services to be performed by the PMC includes but not limited to:

Design and development of lay out plan comprising of all the components mentioned in terms of reference. 3D aerial view of the layout plan preferably with 3D animation of walk along [for minimum time of about 05 minutes]. 3D animation [walk in, for 05 minutes] of the Corporate Office building of all the floors.

On approval of the Detailed Layout plan of the Park & the detailed plan and Elevation of the Corporate Office Building, by KREDL, Detailed Project Report (DPR) shall be prepared. Estimate for each and every component of the scheme shall be prepared. As for as possible, they shall be realistic and should be nearer to the actual on completion.

Preparation of tender documents including all the drawings for fixing up of the either the single agency / contractor for the entire scheme of work or different agencies / contractors for different works / components of the projects.

Assistance to KREDL in evaluating the bids submitted by the Contractors.

Providing design drawings for tendering purpose.

Providing architectural drawings.

Design of Mechanical and Electrical systems.

Verification of detailed design drawings submitted by building contractor

Verification and Certification of as built drawings.

Supervision of the works.

Contract management.

Measurements and certifications.

Monitoring and reporting of work Quality including material inspection.

Review and approval of running bills

Change in Scope of work

Coordination with vendor and KREDL

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Project Progress Review meetings (Weekly / Bi-weekly)

Preparation of minutes of the meetings

Ensure that the materials approved after inspection and test only is used in the site.

Assistance to Client for verification of bills and check measurement.

Organize and conduct meetings as desired by Client and submit reports / proceedings of the meetings to Client.

Taking suitable action against instruction given by Client in meetings and inspections.

Assistance to inspection team of Client.

Preparation and submission of all reports required by Client.

Assistance to Client in taking over of the completed works.

Preparation of work completion reports.

PMC has to certify the final bills and works done by the contractor before the start of DLP and after completion of construction activities.

Initial designs & drawings required for tendering purpose along with the estimates will be given by PMC. Detailed working drawings will be prepared by the contractor and to be certified by PMC before start of the construction work.

The time line for completion of the activity is as given in Appendix “E”.

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Appendix – B: Reporting Requirements

The following reports to be submitted to the Managing Director, KREDL.

Type of Activity Time Lines

Inception Report The Consultant will submit an Inception Report at the end of first month containing full details of deployment of office & personnel.

Construction supervision Manual

(2 copies)

The Construction supervision Manual shall include detailed project procedures for efficient and time-bound implementation of the project and for progress monitoring and quality control. This Manual shall be submitted within one month of the commencement of the consultancy services.

Monthly Report

The Consultant will, no later than the 10th of each month, submit progress report summarizing the component wise progress vis-à-vis targets,

- problems encountered (administrative, technical or financial) and recommendations to overcome,

- expenditure statement,

- variation orders proposed and approved, status of claims or time extensions requested by Contractors,

- status of Works, removal of encumbrances, safety precautions and traffic diversion during construction,

- Status of mobilization/deployment of men, machineries and plants,

- the probable requirement of key materials like poles, insulators, conductors and transformers for next month and their availability at the end of the month,

- attendance sheet of the key and technical personnel deployed by the consultant in the field etc.

Quarterly Progress Report

Consultant will prepare a comprehensive report summarizing all activities as cited above at the end of each quarter.

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Type of Activity Time Lines

Contract Completion Reports

(2 copies)

Consultant will prepare a comprehensive completion report for the contract within 30 days of issuance of Completion Certificate. The report shall summarize all relevant issues pertaining to the package in the format acceptable to the Client

Final Completion Report

(2 copies)

The Consultant will prepare a comprehensive final completion report within 60 days after issuance of Completion Certificate of the last civil works contract or before the end of Consultancy assignment.

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Appendix – C: Key Personnel and Sub Consultants Titles, Detailed job descriptions and minimum qualifications of Key Personnel to be assigned for this project.

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Appendix – D:

PRICE BREAK UP CONTRACT AMOUNT OF CONSULTANCY

Sl. No

Description of activity % Payment

PART „A‟ (Preliminary Works)

1.

Finalization of Design and development of lay out plan comprising of all the components. 3D aerial view of the layout plan preferably with 3D animation of walk along [for minimum time of about 05 minutes]. Architectural plan and elevation of Green Building (Corporate Office) with 3D animation [walk in, for 05 minutes] comprising of all the floors.

5%

2.

On approval of the Detailed Layout plan of the Park and the detailed plan and Elevation of the Corporate Office Building, by KREDL, Detailed Project Report (DPR) shall be prepared. Estimate for each and every component of the scheme mentioned above shall be prepared. Specifications of each and every item of work of each part of the work shall be descriptive and exhaustive to avoid disputes / ambiguities etc., at a later stage of the contract. Scheduled of rates of the Govt. agency / agencies shall be considered for the preparation of estimate as far as possible. Prevailing marked rates can be considered for the non-SR item of works. Preparation of tender documents including all the drawings for fixing up of the agency or agencies either for each part of the scheme separately or for the entire scheme of the project as a whole.

5%

PART „B‟ (Payment on Execution of work of)

1. Corporate office Building Payments of consultancy will be arranged on prorate basis of value of work executed up to 90%. Balance amount will be released only after of handing over all

2. Solar Photo voltaic panels for generation of electricity 3. Two wind power plant (500 kVA) for generation of electricity.

4. Construction of Control room [inverter room] with ODY transformer/s for converting 415 Volts to 11 kV, 11 kV switch gears and other arrangements

5. Installation of equipments for demonstration purposes, to create general awareness of public and to promote the use of such plants of renewable energy.

6. Children’s amusement park consisting of model equipments related to power generation [Learn while you Play]

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Sl. No

Description of activity % Payment

7. Toilet block/s for general public the works by the respective contractors / agency to the KREDL.

8. Demonstration [Auditorium Hall for conducting class/seminars/demonstration etc.,]

9. Rain Water Harvesting of the entire area including building/s. 10. Landscaping of the entire area to provide greenery 11. Security Room/s and Rest room for drivers 12. Leveling of the yard, construction of retaining and compound wall 13. Roads and drainage system of the entire yard 14. Sewage Treatment Plant

Total 100%

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Appendix „E‟

TIME LINE FOR COMPLETION OF THE ACTIVITIES

Sl. No

Activity Time period for

completing the activity

1.

Finalisation of Design and development of lay out plan comprising of all the components. 3D aerial view of the layout plan preferably with 3D animation of walk along [for minimum time of about 05 minutes]. Architectural plan and elevation of Green Building (Corporate Office) with 3D animation [walk in, for 05 minutes] comprising of all the floors.

15 Days

2. On approval of the Detailed Layout plan of the Park and the detailed plan and Elevation of the Corporate Office Building, by KREDL, Detailed Project Report (DPR) shall be prepared.

15 Days

3.

Estimate for each and every component of the scheme mentioned above shall be prepared. Specifications of each and every item of work of each part of the work shall be descriptive and exhaustive to avoid disputes / ambiguities etc., at a later stage of the contract. Scheduled of rates of the Govt. agency / agencies shall be considered for the preparation of estimate as far as possible. Prevailing marked rates can be considered for the non-SR item of works.

15 Days

4.

Preparation of tender documents including all the drawings for fixing up of the agency or agencies either for each part of the scheme separately or for the entire scheme of the project as a whole.

15 Days

5. Finalization of tender evaluation for each of the work of the project 30 (ten) days. from the

date of bid opening for each of the work

6. Certification of running account bills of the each of the agency for different work.

3 (three) days from the submission of bills by the

respective contractors

7. Completion reports after handing over of the works by the respective contractor.

15 (fifteen) days from the date of handing over of

the works *Note: (i).The overall project shall be completed within 15 months from the date of issue of LOI

(ii).Different agencies are to be co-ordinated to complete the project within the time schedule.