Corrigendum 4

Corrigendum to the RFP for the Selection of Consultant For PREPARATION OF DETAILED PROJECT REPORT (DPR) For Petrochemical Industrial Park At Ambalamughal, Kochi

I) Clause 7.2 bullet number 4, 5 modified as follows.

Sl.No. Clause Original Modified

1 7.2 Bullet 4 • The sole bidder/ lead partner of the bidding consortium should have annual Profit in each of the preceding 3 years starting from 2014-2015 onwards. [The Bidder shall provide copies of Audited Statement of Accounts and Balance Sheets. In case audited balance sheet is not available for the year 2016-2017, Chartered Accountant certified balance sheet shall be provided].

• The sole bidder/ lead partner of the bidding consortium should have annual Profit in each of the preceding 3 years starting from 2014-2015 onwards. [The Bidder shall provide copies of Audited Statement of Accounts and Balance Sheets. In case audited balance sheet is not available for the year 2016-2017, Chartered Accountant certified balance sheet shall be provided].(This will not be applicable in the case of Central and State Public Sector Undertakings(PSUs))

2 7.2 Bullet 5 • The • The

sole bidder/ lead partner of the bidding consortium should have positive net-worth in the preceding 3 years. [The details of annual turnover and annual profits may be separately provided. Copies of PAN card, Income Tax Returns related documents; Service Tax returns filed shall also be enclosed]Net worth shall be calculated as below:Net worth = Share Capital + Reserves & Surplus - Miscellaneous expenditure to the extent not written offOR

Net worth = Total Assets - External

sole bidder/ lead partner of the bidding consortium should have positive net-worth in the preceding 3 years. [The details of annual turnover and annual profits may be separately provided. Copies of PAN card, Income Tax Returns related documents; Service Tax returns filed shall also be enclosed]Net worth shall be calculated as below:Net worth = Share Capital + Reserves & Surplus - Miscellaneous expenditure to the extent not written offOR

Net worth = Total Assets - External

Liabilities Liabilities ( This will not be insisted in the case of Central and State PSUs)

II).The clause 7.3 is modified as follows:-

SI.No Clause Original Modified1 7.3.9 The total technical score (TS) would

be an arithmetic sum of scores obtained by the bidder for each of prescribed parameters. The total technical score would include 75 marks based on documents submitted by the bidder showing conformance to the parameters shown above and 25 marks based on presentation made by the prequalified bidder before the selection committee. Based on the Technical Score (TS) bidder will be shortlisted for the next stage.

The total technical score (TS) would be an arithmetic sum of scores obtained by the bidder for each of prescribed parameters. The total technical score would include 75 marks based on documents submitted by the bidder showing conformance to the parameters shown above and 25 marks based on presentation made by the prequalified bidder before the selection committee. The bidders who score a minimum technical score of 60 marks only will qualify and their financial bid alone will be opened for further processing.

2 7.3.11 Following methodology is used for arriving at the Financial Score (FS)

FS = LF/FB X100

Where LF = Lowest Financial Bid Amount

FB = Financial Bid Amount for which FS is to be evaluated.

Deleted

3 7.3.12 Final evaluation of combined technical and financial bid shall be based on the “Final Weighted Score”.

Deleted

4 7.3.13 In order to arrive at the “Final Weighted Score”, a weightage of 80%

Deleted

will be assigned for the Technical Score (marks/points scored in technical bid evaluation) and weightage of 20% will be assigned for Financial Score.The “Final Weighted Score” will be as follows:

S= (0.8xTS) + (0.2xFS)Where S= Final Weighted Score,TS= Technical Score,FS= Financial Score

5 7.3.14 The bidder scoring the highest “Final Weighted Score” shall be awarded the project.

The technically qualified bidder whose financial bid is the lowest will be awarded the project.

III).The Marketing of 30% of the allottable land has been excluded from the scope of work of the consultant. Accordingly the affected clauses are modified as follows:-

SI.No. Clause No. Original Modified1 Definitions-

Last BulletThe Marketing of allottable land means Confirmed allotment. Confirmed allotment means allottee remits 10 % of the lease premium as EMD proportionate to the land allotted to them and also remitting minimum 50 % of the lease premium as down payment & executing the license agreement with KINFRA.

Deleted

2 Clause 2.1 KINFRA intends to select a Consultant through a transparent, competitive biddingprocess and invites Technical and Financial Bids from reputed consultants in accordance with this “Request for Proposal” to prepare Detailed Project Report (DPR) and marketing of 30% of the allottable land in the Park..

KINFRA intends to select a Consultant through a transparent, competitive bidding process and invites Technical and Financial Bids from reputed consultants inaccordance with this Request for Proposal” to prepare Detailed Project Report (DPR).

3 Clause 3- Last KINFRA now intends to select a KINFRA now intends to select a

Bullet Consultant for the DPR preparation and marketing of the project as per the “Terms of Reference” given below.

Consultant for the DPR preparation of the project as per the “Terms of Reference” given below.

4 Clause 4 – Bullet 1

The Consultant shall be entrusted with preparation of Detailed Project Report (DPR) and marketing of the project. The DPR should be prepared according to the guidelines of Kerala Industrial Infrastructure Fund Board (KIIFB); the components of DPR is givenas Annexure A.

The Consultant shall be entrusted with preparation of Detailed Project Report (DPR) of the project. The DPR should be prepared according to the guidelines of Kerala Industrial Infrastructure Fund Board (KIIFB); the components of DPR is givenas Annexure A.

5 Clause 4 – Last Bullet

The Consultant shall ensure marketing of 30% of the allottable land to industrial units. All costs relating to marketing shall be borne by the Consultant

Deleted.

6 Clause 6.12.1 Definition of “Completion of work”: It is defined as completion of all the work as mentioned in the terms of reference and the marketing of 30% of the allottable land to industrial units and approval by KINFRA of the Completion Report submitted bythe Consultant.

Definition of “Completion of work”: It is defined as completion of all the work as mentioned in the terms of reference and approval by KINFRA of the Completion Report submitted bythe Consultant.

7 Clause 6.12.2 The Payment Schedule will be as follows – 20% as initial payment on execution of agreement against Bank Guarantee forequivalent amount from a Nationalised bank. This BG is initially for a period of 24months. This BG will be released after the final payment on submission ofPerformance BG for an amount equivalent to 10% of total value of the consultancycharge and valid for 12 months 10% on submission of

The Payment Schedule will be as follows – 20% as initial payment on execution of agreement against Bank Guarantee forequivalent amount from a Nationalised bank. This BG is initially for a period of 24months. This BG will be released after the final payment on submission ofPerformance BG for an amount equivalent to 10% of total value of the consultancycharge and valid for 12 months 15% on submission of

masterplan, preliminary reports and preliminary drawings andon approval by KINFRA . 10% on submission and approval of engineering designs, drawings, plans, detailedestimates. 15% on submission of the final DPR and acceptance by KINFRA . 10% on approval of the DPR by KIIFB. 10% on submission of all Bid documents for Tender purpose by the Consultant andacceptance of the same by KINFRA. 10% on allotment of 15% of the allottable land by the marketing effort of theConsultant. 15% on allotment of remaining 15% of the allotable land by the marketing efforts bythe Consultant 10% of the quoted amount will be given as incentive on allotment of everyadditional 10% of the land within 24 months by the marketing efforts of theConsultant.Note: All payments shall be subject to “Tax Deduction at Source” (TDS) andsuch other statutory deductions as may be applicable from time to time.

masterplan, preliminary reports and preliminary drawings andon approval by KINFRA . 15% on submission and approval of engineering designs, drawings, plans, detailedestimates. 20% on submission of the final DPR and acceptance by KINFRA . 15% on approval of the DPR by KIIFB. 15% on submission of all Bid documents for Tender purpose by the Consultant andacceptance of the same by KINFRA.Note: All payments shall be subject to “Tax Deduction at Source” (TDS) andsuch other statutory deductions as may be applicable from time to time.

8. Clause 9.1 Completion Schedule Award of work

to PMC- D1

Submission of

masterplan,

preliminary

D1+45

days

report by

consultant for

approval-D2

Submission of

engineering

designs,

drawings, plans,

detailed

estimates by

consultant.-D3

D2+15

days

Submission of

final DPR by

consultant-D4

D1+90

days

Submission of

Bid document-

D5

D1+120

days

9 Annexure D Annexure D to the RFP is modified as follows:-

Award of work to

PMC- D1

Submission of

masterplan,

preliminary report

by consultant for

approval-D2

D1+45

days

Submission of

engineering

designs, drawings,

plans, detailed

estimates by

consultant.-D3

D2+15

days

Submission of final

DPR by consultant-

D4

D1+90

days

Submission of Bid

document-D5

D1+105

days

Marketing of 15%

of the allottable

land by consultant-

D6

D1+540

days

Marketing of

remaining 15% of

the allottable land

by consultant-D7

D1+720

days

ANNEXURE D

DRAFT AGREEMENT

This Agreement is made and entered on the ….day of ……. Two thousand and Seventeen at THIRUVANANTHAPURAM .

BETWEEN

KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA), a body corporate duly constituted under the Kerala Industrial Infrastructure Development Act 1993, having its principal office at “KINFRA House‟, T.C.31/2312, Sasthamangalam, Thiruvananthapuram-695010, represented by its Managing Director, ………………………………………………………………………………………………………………………………………………………………………………………………………(hereinafter called the KINFRA, which expression shall, unless repugnant to the context, be deemed to include its successors and permitted assigns) OF THE ONE PART.

AND

M/s…………….., having its registered office at ………………………..dulyauthorised and represented by its ………………..……………………..,(hereinafter called the “Consultant” which expression shall, unless repugnant to the context, be deemed to include its successors and permitted assigns) OF THE OTHER PART.

WHEREAS KINFRA being the nodal agency for Industrial Infrastructure development for the state of Kerala, got approval to establish a Petrochemical Park in approximately 450 acres of land atAmbalamughal, in Ernakulam District, Kerala. The project is intendedto create an Industrial Park with all infrastructure facilities exclusive for the Petrochemical Industry.WHEREAS KINFRA has invited Request for Proposal (RFP) from reputed Consulting Firm meeting the eligibility criteria for selection of a Consultant for preparation of DPR.WHEREAS after evaluation of the various Technical and Financial Bids, the bid submitted by the Consultant is found to be more responsive and Consultant has been selected as the successful bidder to be appointed as Consultant for the preparation of Detailed Project Report (DPR) of the Petrochemical Park as per scope of services detailed in the RFP.

WHEREAS KINFRA has issued the work order No…………………dated………………………… to the Consultant awarding the contract for the preparation of Detailed Project Report (DPR) of the proposed Petrochemical Industrial Park Project as per the TOR for a total Consultancy fee of Rs……………………………….inclusive of all taxes and duties District

1.NOW IT IS HEREBY AGREED AS FOLLOWS:

a) The Consultant shall render their services to the Petrochemical Park Project with respect to technical, commercial and financial aspects of the

Project, in accordance with the Terms of Reference and Deliverables described in Annexure1.

b) The following documents shall form part of this agreement:1. RFP document 2. Terms of Reference & Deliverables issued by KINFRA3 Financial Quote submitted by the Consultant.4 Clarifications given during the pre-bid meeting5. Any corrigendum issued by KINFRA

6 . WorkOrder No.………………… dated…………..issued by KINFRA.

c) All the terms and conditions contained in KINFRA’sRequestFor proposal as well as work order shall be binding on the consultant.

d) Schedule of payment The Consultant shall be paid the consultancy fees, based on the following payment schedule: 20% as initial payment on execution of agreement against Bank

Guarantee for equivalent amount from a Nationalised bank. This BG is initially for a period of 24 months. This BG will be released after the final payment on submission of Performance BG for an amount equivalent to 10% of total value of the consultancy charge and valid for 12 months.

15% on submission of masterplan, preliminary reports and preliminary drawings and on approval by KINFRA .

15% on submission and approval of engineering designs, drawings, plans, detailed estimates.

20% on submission of the final DPR and acceptance by KINFRA . 15% on approval of the DPR by KIIFB. 15% on submission of all Bid documents for Tender purpose by the

Consultant and acceptance of the same by KINFRA.

Note: All payments shall be subject to “Tax Deduction at Source” (TDS) andsuch other statutory deductions as may be applicable from time to time.Note: All payments shall be subject to “Tax Deduction at Source” (TDS) and such other statutory deductions as may be applicable from time to time.

e) The Consultant in consultation with KINFRA, shall prepare a detailed Time Schedule for the execution of the Project, to achieve the overall target date of completion of the Project. Final Time Schedule shall be prepared within seven days of the signing of this Agreement. This will be binding on both parties.

f) If the Consultant fails to adhere to the time schedule or the extended time, which may be granted by KINFRA, in its sole discretion, KINFRA shall be entitled to terminate this agreement and entrust the work to some other Consultant and in that case, the Consultant shall be entitled to fees or compensation only up to the stage of work carried out by him and approved by KINFRA. In the event of Consultant being not in a position to fulfill the scope of works as mentioned in Annexure-1 in such a way that the implementation of the Petrochemical Park project cannot be carried out as per the time schedule, KINFRA will be free to get the same carried out by other agencies at the risk and cost of the Consultant, and in that event KINFRA shall have the right to terminate the Consultant Contract without payment to the Consultant.

This agreement is deemed to have come into effect from ………………(date of acceptance of work order). The agreement shall remain in force for a period of 24 months from the effective date of agreement or till actual date of completion of work including any extra items or excess quantity whichever is later.

KINFRA has the right to terminate the contract at any time if the performance of the Consultant is found to be not satisfactory by KINFRA. In that event the consultant is eligible for payment only for the work accepted/completed/services rendered by the consultant and approved by KINFRA up to the date of termination.

2. Contact Person For coordinating with KINFRA in connection with this assignment the following persons shall be the contact person and their instruction shall be binding on the Consultant. 1)……………………… (Name,Designation& Address)2)……………………… (Name,Designation& Address)

3. Project Teama) Key professionals with requisite qualifications and experience as

below shall be deployed in the project.S. No. Position Educational

QualificationsLength of Professional Experience

1 Team Leader Relevant Degree in Urban Planning / Civil Engineering / Mechanical Engineering/ Electrical Engineering/Chemical Engineering

More than 20 years

2 Chief Architect Degree in Architecture More than 15 years

3 Market Analyst/ Industry Analyst Expert

MBA or equivalent More than 10 years

4 Civil Engineer B. Tech (Civil Engineering)

More than 08 years

5 Urban Planner Relevant Post Graduate Degree in Urban Planning / Design

More than 08 years

6 Structural Engineer M. Tech (Structures) More than 08 years

7 Finance Expert CA/CFA/CMA or equivalent

More than 10 years

8 Environmental Specialist Relevant Post Graduate degree in Environmental Engineering / Planning

More than 08 years

b) These professionals may be retained throughout the project period and may be replaced only with prior concurrence of KINFRA. If KINFRA requires that any of the above professionals may be replaced for deficiency in performance or on account of indiscipline, the same may be effected by the Consultantat the earliest.

c) The Consultantmay deploy required personnel viz. Mechanical Engineer, Electrical Engineer, Chemical Engineer, Instrumental Engineer, ETP experts, Financial Manager etc. as required from time to time. Consultant may also outsource highly specialized work with the prior approval of KINFRA only.

4. SUB-CONTRACTING & SUB-CONSULTANT

The Consultant shall not subcontract whole of the work. However they may subcontract any part of the work after duly notifying and obtaining prior approval from KINFRA.

The Consultant shall indicate the name of sub- consultants if any for any services with their organization details, qualification and experience of the main personnel and shall obtain prior approval of KINFRA before their engagement for the consultancy. Such Sub consultant approved by KINFRA shall be associated from the preliminary drawing stage to the final design work. However, the consultant shall be fully responsible for the correctness and accuracy of the designs prepared by sub-consultants and shall indemnify KINFRA for damage or loss caused due to any negligence of sub-consultant(s). The copy of the agreement between sub-consultant and the consultant shall be submitted to KINFRA

5. LIQUIDATED DAMAGES

In the event of a delay in completion of work as per the completion Schedule for which the consultant is responsible, the consultant shall pay Liquidated Damages to KINFRA at the rateof half percent (0.5%) per week of delay, subject to a maximum of ten percent (10%) of the consultancy fees.

Such Liquidated Damages shall be deemed to be a genuine pre-estimate of the foreseeable damages incurred by KINFRA due to delay and shall be KINFRA's sole recourse for late performance by the consultant under the agreement.

6. Termination of Agreement

6.1 The Agreement herein may be terminated at any time on one month’s notice on either side. In the event of termination of the Agreement by KINFRA, the Consultant shall not be entitled to any compensation or damage by reason of such termination, but only to the fees for the services actually rendered up to the time of such termination.

6.2 If the Consultant shall close his business or become incapacitated, from acting as such Consultant as aforesaid, or if this agreement is terminated in mutually agreed terms, KINFRA may make use of all documents prepared by the Consultant after payment for the same as provided herein.

7. Force Majeure: War, invasion, revolution, riots, sabotage, lockouts, strikes, work shut-downimposed by Government Acts or legislature or other authorities,

stoppage insupply of materials, fuel or electricity, breakdowns of machinery, act of God,epidemics, fires, earthquakes, floods, explosions, accidents, sea navigationblockades or any other acts or events whatsoever which are beyond reasonablecontrol and which shall directly or indirectly prevent completion of the projectwithin the time specified in the agreement, will be considered Force Majeure.The Consultant shall be granted necessary extension of time to cover the delayas caused by Force Majeure without any financial repercussions

8. All disputes arising out of or in any way connected with this Agreement shall be deemed to have arisen in Kerala and only Courts in Thiruvananthapuram shall have the Jurisdiction to determine the same.

IN WITNESS WHEREOF the parties hereto set their hands on the date and year first above written.

Signed and delivered for and on behalf of the KINFRA (Kerala Industrial Infrastructure Development Corporation)

Signed and delivered for and on behalf of the Consultant

In the presence of

Witness:

In the presence of

Witness:1. 1.

2. 2.

Annexure 1

Terms of Reference and Deliverables• The Consultant shall be entrusted with preparation of Detailed Project Report (DPR)

of the project. The DPR should be prepared according to the guidelines of Kerala

Industrial Infrastructure Fund Board (KIIFB); the components of DPR is given as

Annexure A.

• The Consultant should prepare legible layout of the proposed site, carry out site

analysis for elements like soil analysis, surveyed site plan and site soil particulars

including spot levels/contours, flood history, on-site features etc. for realistic cost

estimates of land development and construction.

• The Consultant is responsible for entire architectural component of the project

work. The Consultant should also provide the details regarding the common facilities

and common technical infrastructure required with estimated investments therein.

This would include the developing of the Master Plan along with sectional drawings

and building plan with legends giving clear picture /title of drawings and other

relevant details. This would also include detailed engineering and design including

preparation of detailed cost estimates for various project components/facilities

envisaged in the Petrochemical Park Project. The cost estimates shall be according

to the latest CPWD rates; wherever it is not available, market rates to be considered.

The cost estimates for plant and machinery shall be backed by quotations from

reputed equipment and machinery suppliers in line with scheme requirements.

• The above clause shall be broadly divided as follows:

• Mas ter Plan: To be based on the broad concept design and cost in

consultation with KINFRA

• Preliminary Drawings and estimate: Rates to be calculated based on Delhi

Plinth Area rates

• Detailed Drawings and estimate: Latest Delhi schedule of rates to be

followed. Wherever it is not available, market rates to be considered.

• The Consultant shall prepare all relevant documents related to statutory approvals for the

Petrochemical Park Project.

• The consultant shall prepare and submit all Bid documents required for tender purpose.

• The Consultant shall work out the implementation schedule with milestones for the

project.

• The Consultant shall abide by all the clauses in the Agreement to be entered in to with KINFRA .The draft agreement is attached as Annexure D.

• Ten copies of all the deliverables are to be submitted along with the soft copy.

• Consultant shall, on their own (If approved agency) or through another approved

Agency, carry out Environment Impact Assessment (EIA). The Consultant shall co-ordinate

with the Agency for timely completion of the EIA and also follow up with the appropriate

authorities for getting clearance. The cost towards EIA shall also be included in the

financial quote.

• The structural design submitted by the Consultant will be proof checked if necessary by

KINFRA through a third party .If these designs are acceptable and needs no

correction/modification as required in the relevant BIS codes/KMBR, the cost of proof

checking shall be borne by KINFRA. In case correction/modifications are required in the

design and drawing the entire charges for proof checking shall be borne by the

Consultant.

• The consultant shall prepare and submit all bid documents required for the selection of

contractors for the implementation of the project.

DELIVERABLES:

1. Detailed Project Report

The report should be prepared with all the components mentioned in Annexure A.

2. Master Plan shall include the following:

• Site analysis Report for elements like soil analysis,surveyed site plan and site soil

particulars including spot levels/contours, flood history, on-site features etc. for

realistic cost estimates of land development and construction

• Layout incorporating the individual components in surveyed map

• Preliminary Drawings

• Preliminary Estimates

3. Detailed Estimate including the following:

• Detailed Drawings

• Detailed Estimates including BoQs for all components of the work including electrical,

Air conditioning, fire-fighting and Environmental engineering requirements. This will

include structural drawings for civil and drawings and designs for electrical, fire-

fighting and water supply and sanitary installations works as mentioned.

• Structural Drawings and Designs for all components of the work

4. Financial Planning Report for the project in accordance with requirements.

5. Submission of all Bid documents required for tender purpose.

6. Submission of all relevant documents related to statutory approvals

Submission of implementation schedule as per the overall plan.

Note: Clause Deliverables shall be read in conjunction with clause Terms of Reference