Request for Quotation (RFQ) For Carrying out EIA Studies and obtaining EC from MoEF For Drilling of Parametric and Exploratory wells and Setting up & Commissioning of Production facilities In Dholera/Gandhar/Unai/Chabsar/Tuwa Gujarat, India RFQ no: PDPU/CEGE/ EIA & EC/15-16/01 Centre of Excellence for Geothermal Energy (CEGE) Pandit Deendayal Petroleum University Knowledge Corridor, Raisan, Gandhinagar, Gujarat 382007, India January 2015 Centre of Excellence for Geothermal Energy (CEGE) Table of Contents Section: Section I: Invitation to Bidders Section II: Instruction to Bidders & Bid Evaluation Criteria (BEC) Section III: Scope of Services & Technical Specification Section IV: Price Schedule Section V: General Terms and Conditions Attachment: Attachment 1: Bidders Response Acknowledgement Attachment 2: Exceptions/ Deviation / Compliance Statement Attachment 3: Performance Bank Guarantee Format Attachment 4: List of Banks for providing Bid Bond/ Bank Guarantee Attachment 5: List of general details Attachment 6: Bid Bond Format RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 2 Centre of Excellence for Geothermal Energy (CEGE) SECTION-I INVITATION TO BIDDERS Centre of Excellence for Geothermal Energy (CEGE) Pandit Deendayal Petroleum University Knowledge Corridor, Raisan, Gandhinagar, Gujarat 382007, India Request for Quotation (“TENDER DOCUMENT” or “BID”) Centre of Excellence Geothermal Energy (Hereinafter referred to as “CEGE”), Pandit Deendayal Petroleum University (PDPU), invites sealed bids from eligible Bidders/Firms for the following services under single stage composite bid, IFB No. Service Requirements Issue of Document Bid Contract Period / Bid Bond / Bid Submission Date / Opening Date & Time PDPU/CEGE/EIA/2015/01 Pre drill EIA 29.01.2015 to 5 months from (Environment Impact 09.02.2015 (upto the date of issue Assessment) EMP study, 16:00 Hrs) / Rs. of (Environment 25,000.00 / Management Plan) and 23.02.2015 Letter Award (16:00 The of (LOA). successful obtaining environmental Hrs) / 25.02.2015 at bidder must clearance from MoEF 16:00 Hrs (Technical complete the for drilling parametric Bid) and 27.02.2015 entire job within and exploratory wells in at 16:00 Hrs 5 months of issue Dholera, Gandhar, Unai, (Commercial Bid) of LOA Chabsar and Tuwa Bid Documents (non-transferable) can be obtained from the website of PDPU through the following link http://www.pdpu.ac.in/tendernotice.html on application. The details are available at Website www.pdpu.ac.in. CEGE, PDPU is desirous of engaging the Contractor for tendered services for the below mentioned sites (Refer Figure 1) through this tender. Outlined hereinafter, is a comprehensive Bid package that the bidder are requested to go through carefully. The bid must be in compliance with the requirements, specifications, RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 3 Centre of Excellence for Geothermal Energy (CEGE) and other applicable attachments, including CEGE, PDPU‟s terms and conditions. Points Latitude (N) Longitude (E) Deg. Min. Sec. Deg. Min. Sec. Dholera 22 15 00.000 72 11 31.200 Unai 20 49 56.089 73 24 17.471 Gandhar 21 53 58.920 72 50 06.468 Tuwa 22 47 59.304 73 27 38.415 Chabsar 22 42 03.618 72 13 47.004 The evaluation of bid is a two stage process. In the first stage, Technical Bid of each Bidder will be evaluated based on the quality of equipment, manufacture year of equipment, acceptable delivery, adhering to terms of references and work specifications mentioned in the later part of the bid document. The technically qualified bidders will be evaluated in the second stage for awarding the Rate Contract, while weighting price substantially. The final decision lies with CEGE, PDPU based on advantageous offer proposed by the bidder. CEGE, PDPU reserves the right to reject or accept, in whole or in part, any Bid, or to negotiate Rate Contract terms with any individual firm when such is deemed by CEGE to be in its best interest. CEGE, PDPU will be under no obligations to provide reasons for accepting or rejecting a Bid. RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 4 Centre of Excellence for Geothermal Energy (CEGE) The Bidders Response Acknowledgment Form (as indicated in Attachment-1) must be completed and returned via email to [email protected] as attachment within two (2) working days of receipt of Bid package. This is to alert CEGE about the total number of expected responses, and to ensure that Bidders received the Bid package. Bidders are required to furnish Bid Bond for an amount of INR 25,000/- (Indian Rupees Twenty Five Thousand only). Bid Bond is required to be furnished in a format as attached herewith (see Attachment -6). Bid Bond shall be returned to all unsuccessful bidders within one month after completion of tendering process. Bid Bond amount shall be submitted through a Demand Draft / Banker‟s cheque in favour of „Pandit Deendayal Petroleum University‟ payable at Ahmedabad drawn on any Schedule Bank. Non-compliance with the bidding instructions, except as permitted by the Bid and/or late arrival of your Bid shall result in your Bid not being considered Sincerely Yours, For Centre of Excellence for Geothermal Energy (CEGE) Mr. Dwijen Vaidya Research Assistant Centre of Excellence Geothermal Energy (CEGE) Pandit Deendayal Petroleum University (PDPU) RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 5 Centre of Excellence for Geothermal Energy (CEGE) SECTION-II INSTRUCTION TO BIDDERS 1. SEALED ENVELOPES containing the Tender shall be marked with the above Tender Number and description of work. Bids can either be hand delivered or can be couriered to the address stated below: Mr. Dwijen Vaidya Research Assistant Centre of Excellence Geothermal Energy (CEGE) Pandit Deendayal Petroleum University (PDPU) Knowledge Corridor, Raisan, Gandhinagar Gujarat – 382007 Contact No: +91-9429613506 (M) 2. All tenderers shall deposit the requisite Bid Bond along with the Tender in the form of Demand Draft/Banker's Cheque in favour of „Pandit Deendayal Petroleum University‟ and payable at Ahmedabad. This Bid Bond shall be refunded to all unsuccessful tenderers, but is liable to be forfeited in full or part, at CEGE, PDPU‟s discretion, as per Clause No. 5 below. Tenders received without Bid Bond in the manner specified above will be summarily rejected. Technical and Commercial Bids are to be submitted separately in sealed envelopes. The bids are to be submitted in duplicate. (One in original and one photocopy of the original). 3. Tenders will be received upto 16:00 hrs (IST) on the date as mentioned above and opened on 25th February, 2015 at 16:00 hrs (IST) for Technical Bid and 27th February, 2015 at 16:00 hrs (IST) for Commercial Bid at HEAD-CEGE‟S office. However, if the above mentioned closing / opening day of the tender happens to be non-working day due to Bandh / Strike or any other reason, the tenders will be received and opened on the following working day at the same time except on Saturdays and Sundays. 4. The rates shall be quoted per site as specified in the Schedule of Work and shall be in words as well as in figures. No overwriting shall be allowed. In case of discrepancy the site rate quoted in words shall be considered to be correct. Bidders to sign & stamp the submitted rates sheet. 5. CEGE, PDPU reserves the right to reject any or all the tenders or accept any tender in full or in part, without assigning any reason. 6. (a) No Tenderer must withdraw the tender after its public opening. Any such withdrawal will make the tenderer liable of forfeit his/her/their Bid Bond in full. RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 6 Centre of Excellence for Geothermal Energy (CEGE) (b) Once a withdrawal letter is received from any bidder, after opening of bid, the offer will be treated as withdrawn and no further claim / correspondence will be entertained in this regard. 7. The tender rates must be valid for 150 (One hundred & fifty) days from the date of opening of the tender. 8. Conditional tenders are liable to be rejected at the discretion of the CEGE, PDPU. 9. Sealed Tenders can be sent by hand at the office of CEGE, PDPU or can be sent by registered post addressed to Mr. Dwijen Vaidya Research Assistant Centre of Excellence Geothermal Energy (CEGE) Pandit Deendayal Petroleum University (PDPU) Knowledge Corridor, Raisan, Gandhinagar Gujarat – 382007 Contact No: +91-9429613506 (M) so as to reach his office before scheduled closing date and time. CEGE, PDPU will not be responsible for any postal delay or non-receipt of the same. 10. The work may be split up amongst more than one contractor at the sole discretion of CEGE, PDPU. 11. The bidders are required to furnish the composition and status of ownership of the firm in whose name tender documents have been purchased/issued along with one or more of the following documentary evidences (as applicable to the bidder) in support of the same. 12. The selected tenderer will be required to enter into a formal contract with CEGE, PDPU which will be based on Standard Form of Contract. 13. The successful tenderer shall furnish a Security Deposit in the form of Demand Draft / Banker's Cheque / Cash as specified above before signing the formal contract. The Security Deposit will be refunded to the Contractor after satisfactory completion of the work, but a part or whole of which shall be used by the CEGE in realization of liquidated damages or claims, if any or for adjustment of compensation or loss due to CEGE for any reason. This Security Money shall be non-interest bearing. 14. The work shall have to be started within seven days from the date of LOA. 15. Time will be regarded as the essence of the Contract and the failure on the part of the Contractor to complete the work within the stipulated time shall entitle the CEGE, PDPU to RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 7 Centre of Excellence for Geothermal Energy (CEGE) recover liquidate damages and / or penalty from the Contractor as per terms of the tender /contract. 16. The contractor will be required to allow CEGE, PDPU officials to inspect the work site. 17. DISCOUNTS / REBATES. 17.1 Unconditional Discounts/ Rebates if any given in the bid or along with bid will be considered for evaluation. 17.2 Post bid or conditional discounts / rebates offered by any bidder shall not be considered for evaluation of bids. However, if the lowest bidder happens to be the final acceptable bidder for award of contract and if they have offered any discount / rebate, the contract shall be awarded after taking into consideration such discount / rebate. These provisions shall be incorporated suitably in the Bid Document 18. BACKING OUT BY BIDDER In case any bidder withdraws their bid within the bid validity period, Bid Security will be forfeited. 19. BACKING OUT BY L-1 BIDDER AFTER ISSUE OF LOA In case LOA issued is not accepted by the L1 bidder or the Performance Bank Guarantee is not submitted as per the terms of the contract within the time specified in the Bid Document, the Bid Bond shall be forfeited. 20. FURNISHING FRAUDULENT INFORMATION/DOCUMENT: If it is found that a Bidder/Contractor has furnished fraudulent document/information, the Bid Bond shall be forfeited, besides the legal action. General Instructions 1. Bidders must review the Scope of Work and the equipment/materials/personnel being offered are as per industry standards. CEGE, PDPU retains the right to modify the terms of the Bid or any of the sections/attachments/formats at any time. Same shall be intimated to the bidder. 2. Bidders must review the Technical Specifications, Scope Document and ensure that the equipments/materials being offered are as per specifications prescribed in this document. 3. Bidder must review the terms & conditions before providing details on the Commercial Part as specified in this document. 4. Bids from agent / agent‟s representatives will not be accepted, unless backed by valid Letter of Authorization. 5. Responsibility for the timely delivery of the Bid package before the Bid Due Date rests solely RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 8 Centre of Excellence for Geothermal Energy (CEGE) with the Bidder. Bidders are encouraged to submit the Bid early. CEGE, PDPU will open Bids only after the Bid Due Date. All Bids will be opened at one time. 6. Once a Bid is submitted no changes will be permitted to be made by the Bidder except in relation to clarifications sought by CEGE, PDPU on the Bid. 7. The Bid shall be duly signed and sealed by the Executive Officer/or the Authorized Representative of the Bidder‟s organization/company. Specific Instructions Bidders must seek any clarifications with respect to this document 2 days prior to the Bid Submission Date. Submitting of Bids 1. A two-bid system, i.e. “Technical Unpriced Bid” and “Commercial Price Bid” shall be followed. 2. Bids are to be submitted in duplicate i.e. two (2 copies each) i.e. Technical Unpriced Bid and Commercial Price Bid separately. 3. Each of the Technical Unpriced Bid and Commercial Price Bids shall be properly identified as “Original Technical Unpriced Bid” & “Copy Technical Unpriced Bid” / “Original Commercial Price Bid” & “Copy Commercial Price Bid”. 4. The “Original Technical Unpriced Bid” along with one more “Copy Technical Unpriced Bid” shall be submitted in a separate sealed envelope. The same procedure shall be adopted for the submission of the “Original Commercial Priced Bid” and “Copy Commercial Priced Bid”. 5. The entire Bid is then needed to be placed in a cloth-lined envelope duly sealed and super scribed as: Carrying out EIA Studies and obtaining EC from MoEF for Drilling of Parametric and Exploratory wells and Setting up & Commissioning of Production facilities in Dholera/Gandhar/Unai/Chabsar/Tuwa Geothermal site located in Gujarat, India RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 9 Centre of Excellence for Geothermal Energy (CEGE) TO BE OPENED BY ADDRESSEE ONLY The Bids shall be sent to the following address: Mr. Dwijen Vaidya Research Assistant Centre of Excellence Geothermal Energy (CEGE) Pandit Deendayal Petroleum University (PDPU) Knowledge Corridor, Raisan, Gandhinagar Gujarat – 382007 Contact No: +91-9429613506 (M) 6. The technical un-priced offer of the Bidder will be opened and evaluated first. If the offer is technically acceptable; has provision or an acceptable alternative to the requirements specified in this document; and conforms to other non-commercial requirement as may be decided by CEGE, PDPU then the commercial priced offer will be opened and evaluated. 7. In the Technical Unpriced Bid, all the technical attachments as mentioned in the document should be submitted which would include compliance with Technical Specifications and all Price information should be left blank. The Commercial part should be a comprehensive package which should include all Price information as well as “Technical” bid information. 8. Bidder shall submit their general and financial details along with the relevant supporting documents as indicated at Attachment-5. 9. Bid Bond: Bidders are required to furnish Bid Bond as per Attachment-6 and as mentioned in the tender. The format for the Performance Bank Guarantee shall be as per Attachment-3 of this document. It is mandatory that all bidders should submit Bank Guarantees from any one of the Public Sector Bank in India or from any one of the banks listed at Attachment-4 “List of approved Banks for providing Bank Guarantee”. CEGE, PDPU reserves the right to reject the bid submitted without bid bond on the bid submission date. The original Bid bond should be placed immediately after the covering letter of the Original Technical Unpriced Bid. There should be a photocopy of the bid bond after the cover letter in the Copy Technical Unpriced Bid. Commercial Proposal Requirements 1. Prices quoted shall be in Indian Rupees. 2. Prices should be quoted in Price Bid conforming to the format provided therein. Prices RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 10 Centre of Excellence for Geothermal Energy (CEGE) quoted in the bid shall be firm and binding for the agreed Contract period. Technical Proposal Requirements 1. The Bidder must adhere to the Technical Specification requirements as mentioned in the RFQ and state the same in the “Technical Bid”. 2. The Bidder shall state in its Bid proposal that it has experienced personnel available in the number and disciplines required for the Scope of Work and performance of the Services, and that it will commit the resources needed to carry out the Work in a timely, work-man like and professional manner. The Bidder is to satisfy CEGE, PDPU regarding the Bidder‟s capabilities and experience. Payment Terms 1. Compensation to the Bidder shall be made as per the prices quoted and in accordance with terms of the payments as may be finalized with Bidder and stipulated in the LOA/Work Order. Taxes and Duties and Approvals 1. The Bidders shall quote their prices inclusive of all applicable taxes and duties, with breakups, including Service Tax for defined scope of work. The details of included taxes, duties in the quoted prices should be clearly mentioned in the price schedule. 2. Bidder shall be responsible to obtain at its own cost, all required Permits/ Consents / Essentiality Certificates (EC), wherever applicable and required for the performance of the Bidder‟s obligations under the Agreement, from the Government of India/ concerned State Governments, authorities or agencies or political sub-division thereof including any for exemption of custom duties on material/equipment imported into India. All expenses related to obtaining the Permits, Consents shall be to the Bidder‟s account. Indian associate/partner shall enclose with the Bid, copy of the PAN, copy of Services Tax registration certificate etc. Change Orders CEGE, PDPU shall have the right to make any changes, including additions to or deletions from the prescribed specifications. The quoted rates shall be valid & firm for 150 days from LOA date or up to the completion of the contract whichever is later. CEGE, PDPU will issue written orders to Bidder for any changes or extra work, except in the event of an emergency which in the opinion of CEGE, PDPU requires immediate attention, CEGE, PDPU will be entitled to issue oral orders to the Bidder for any work required by reason of RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 11 Centre of Excellence for Geothermal Energy (CEGE) such emergency. CEGE, PDPU shall ensure that such oral orders shall be followed up with written communication. All changes in specifications will be performed at a mutually agreed upon price and delivery schedule. Delivery Time The expected time period for the completion of scope of work defined in the document shall be clearly specified in the technical bid. Right to accept or reject Bids CEGE, PDPU may, at its discretion, reject any Bid or all Bids received or may accept any Bid which, in CEGE, PDPU‟s sole judgment, is the most advantageous to CEGE, PDPU. Bid Clarification Bidder's attendance may be required at a Bid clarification meeting (if any) at CEGE, PDPU‟s office in Gandhinagar or any other place designated by CEGE, PDPU. A meeting agenda will be transmitted to Bidder before the scheduled meeting date. Project Description CEGE, PDPU is carrying out an investigation on Geothermal Exploration and Exploitation at various Geothermal sites located at Gujarat (Please refer Figure 1). CEGE, PDPU has planned to Drill Parametric and Exploratory wells in the defined area. CEGE, PDPU would require Environmental Clearance for drilling these wells at Dholera/Gandhar/Unai/Chabsar/Tuwa Geothermal sites. Drawing Submittal Requirements Where required in the Tender Document or where necessary to support the Bid, Bidder shall furnish typical outline, assembly, arrangement and sectional drawings and any additional drawings, data and documentation necessary for the Bid to be fully evaluated. Bidder shall complete and return all data sheets issued with the Tender Document. Use of English Language All correspondence, documentation and drawings shall be in the English Language. RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 12 Centre of Excellence for Geothermal Energy (CEGE) Services All SERVICES supplied must meet the requirements of the applicable codes and Technical specifications of the RFQ. BID EVALUATION CRITERIA (BEC) Following details/documents must be provided by the Bidders in the Technical Bid to qualify in the Technical & Commercial Bid Evaluation Criteria. Technical Bid Evaluation Criteria: 1 2 2.1 2.2 2.3 3 3.1 3.2 3.3 4 5 Name Details Details Availability of Approved laboratory facilities for Environment Test and Analysis. MoEF Approved / QCI – NABL approved Experience details ( Overall) No. of EIA studies carried out 10 No. of Environmental Clearances obtained 10 No. of Public Hearing conducted 5 Experience details ( Specific to E&P activities) No. of EIA studies carried out 5 No. of Environmental Clearances obtained 5 No. of Public Hearing conducted 5 *CV‟s & (a) Organogram of the EIA coordinator and the team, to be Appointment associated with CEGE, PDPU‟s project to be submitted letters of all (b) (b) Details of EIA Coordinator and its team (FAE, Field FAE‟s is personnel, Lab personnel, other supporting) to be associated required with the project to be submitted as per below tabular format. No of Projects in hand with EIA Coordinator during current year (who is supposed to coordinate CEGE, PDPU Project) The maximum number of EIA that an EIA coordinator can do in a year is 6 projects. In addition to above, copy of NABET certificate with validity to be submitted. (in case validity is extended, subsequent details to be submitted) Detailed CVs of EIA coordinator, supporting staff, FAE (all fields) to be associated with the project should be enclosed. The CVs and Appointment letters of all FAEs associated with the consultant needs to be submitted along with the technical bid. This is a part of BEC and bidder must have this otherwise the BID can be rejected on the basis of non-submission /availability of FAEs details. Designation Qualification Exp in Total RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Exp with your organization EIA projects carried out and are being undertaken Specific Expertise No of EC projects handled till date No of EC projects presently handling Page 13 Centre of Excellence for Geothermal Energy (CEGE) SECTION-III SCOPE OF WORK To carry out EIA studies and to obtain Environmental Clearance from MoEF Project Objective: (1) Drilling of wells and setting up of Early Production Systems in Dholera/Gandhar/Unai/Chabsar/Tuwa Drilling of One parametric and One Exploratory Well either in Dholera/Gandhar/Unai/Chabsar/Tuwa a) Subsequently on the basis of technical and commercial feasibility, setting up of Extraction units which may include turbine and coolants, steam treatments plants, transmission and distribution lines, pipelines for carrying steam at 2 to 4 bar pressures through pipes and converting it into electrical energy through turbines using 4-inch to 6-inch pipelines etc. Pandit Deendayal Petroleum University (PDPU), a research based university has been mandated to work out a plan for 1 MW Geothermal Power Generation by Government of Gujarat. As part of that, PDPU has set up CEGE, which intends to carry out on land drilling for exploration and exploitation of geothermal energy. As required under the Rules and Regulations of the Ministry of Environment and Forests, Government of India, CEGE, PDPU has proposed to undertake an Environmental Impact Assessment study with respect to the impact zone in the above mentioned Operational Area in Gujarat. OBJECTIVE OF THE EIA STUDY: To carry out Pre drill EIA (Environment Impact Assessment) study, EMP (Environment Management Plan) and obtaining environmental clearance from MoEF for drilling parametric and exploratory wells in Unai, Dholera, Chabsar, Tuwa and Gandhar. The main objectives of the EIA study will be as follows: 1. To assess the existing status of land, air noise, water and natural (biological-ecological) environment and socioeconomic component of environment including parameters of human interest at the project site (Baseline survey). 2. To evaluate significant qualitative and quantitative impact of the proposed project on the major environmental components. 3. To prepare an Environmental Impact Statement based on predictions, identification and evaluation of the impacts of the proposed project. RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 14 Centre of Excellence for Geothermal Energy (CEGE) 4. To prepare an Environmental Management Plan (EMP) outlining preventive and control strategies for minimizing adverse impact on environment due to the proposed project including formulation of an Environmental Monitoring Plan during construction and operation phase of the project. 5. To assist and coordinate to conduct Public Hearing, if any 6. To assist in obtaining the Certified EC compliance report from Regional Office of MoEF for existing EC, if any The detailed scope of work is as below: I. To carry out EIA/EMP Studies and to obtain Environmental Clearance. II. To assist and coordinate to conduct Public Hearing, if any III. To assist in obtaining the Certified EC compliance report from Regional Office of MoEF for existing EC, if any I. To carry out EIA Studies and to obtain Environmental Clearance: Pre Drilling /Pre Production EIA/EMP; Risk Assessment/Disaster Management Plan and Environmental Clearance 1. To follow up with MoEF for permission for drilling of Geothermal Wells (if any). 2. To carry out Baseline Environment monitoring as directed by MoEF. This should include identification of any Eco-Sensitive areas within 10 Km zone of the proposed project. Consultant also needs to find out applicability of any other clearances like Forest Clearance, National Board for Wildlife (NBWL) Clearance, Coastal Regulation Zone (CRZ) Clearance etc and suggest accordingly. 3. Also to submit Survey of India map (1:50,000) showing possible drilling locations (mentioned earlier), with 10 Km boundary (in hard and soft copy) 4. To prepare draft Environment Impact Assessment Report/ Environment Management Plan, Risk Assessment / Disaster Management Plan as per the guidelines of MoEF. EIA Manual should also be referred to prepare the same. 5. To assist CEGE, PDPU in conducting the public hearing, if directed by MoEF* ( pl. ref. section II for the details) 6. Submission of final EIA/EMP & RA/DMP along with other required documents to all EAC members including Member Secretary, Expert Appraisal Committee (EAC for EC) 7. To prepare presentation for EAC meeting highlighting the major Environmental issues observed during monitoring /base line data collection / issues raised during the public hearing RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 15 Centre of Excellence for Geothermal Energy (CEGE) and its responses and the Environment Management Plan and send to CEGE, PDPU for review. 8. To depute an experienced person/s who will be well aware about the project and its environmental issues / data to respond the queries during EAC meeting. 9. Follow up with MoEF for early issuance of Environmental Clearance and to collect it from MoEF. 10. It is required to hand over the Environmental Clearance immediately to CEGE, PDPU as according to condition of EC / MoEF, a public notice about issuance of EC to the CEGE, PDPU project is required to be published within 1 week from the date of issuance / receipt of EC. II. To assist and coordinate to conduct Public Hearing, if any, 1. Submission of request letter to State Pollution Control Board (SPCB) along with copies of draft EIA/EMP, RA/DMP report, Executive Summary in English and Local language to conduct a public hearing. 2. Distribute the relevant documents to nearby villages and Govt. offices as directed by GPCB. 3. To meet all the officials / NGO‟s and appraise them about the project prior to Public Hearing, as and when required. 4. To advertise notice of public hearing by means of pamphlets, Banners (and /or as directed by GPCB) and also by advertising in local newspapers and public address system. (Cost shall be borne by CEGE, PDPU) 5. Collection of draft notice of public hearing from SPCB for publication in local news papers. 6. To assist / accompany CEGE, PDPU, during site visit by GPCB for finalization of Public Hearing venue or nearby villages for Public hearing purpose. Vehicle for GPCB to be arranged by the contractor. 7. Preparation of Public Hearing venue (identification of agency), as required by GPCB( PH site preparation / DG sets/ Display screen / Audio System / Chairs / Tables / Lunch for all etc, CEGE, PDPU shall bear the cost for the same) 8. To ensure required arrangements for smooth conduct of Public Hearing. (To provide Laptop / Printer / scanners) 9. To make arrangement (vehicles) to bring the local public from nearby area / Villages of the Project (affected persons) to attend the public hearing. To also make vehicle arrangements for GPCB officials to reach Public Hearing venue. 10. To coordinate with GPCB representatives for public hearing and its required arrangements. RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 16 Centre of Excellence for Geothermal Energy (CEGE) 11. To prepare presentation for Public Hearing in Local language and send to CEGE, PDPU for review. To also depute experience person/s along with CEGE, PDPU to GPCB office for getting presentation review by GPCB officials. 12. To depute an experienced person/s who will be well aware about the project and its environmental issues / data to respond the queries during Public Hearing. The queries should be responded preferable in local language or in English. Note: CEGE, PDPU shall bear the expenditures towards Publication of PH Notice and PH Arrangements only, rest of the expenditures for above activity shall be borne by Consultant. In case, public hearing is waived off, then scope of Public Hearing shall be removed and CEGE, PDPU shall not be liable to Consultant for any payment for the same) III. To assist in obtaining the Certified EC compliance report from Regional Office of MoEF for existing EC, if any 1. Preparation of Environment Clearance Compliance (existing EC) and submission of same to Regional Office (RO), MoEF for certification 2. Coordinate with RO-MoEF for early site visit and also to assist/ accompany CEGE, PDPU during Site visit of RO MoEF officials. Even if CEGE, PDPU officials are not in position to join for the meeting, Consultant needs to manage the same. (Lodging / Boarding/ vehicle and other requirements for RO-MoEF official has to be managed by consultants) 3. Follow ups with RO-MoEF for early issuance of certificate on Compliance. It should be ensured that Certificate of compliance to be accepted by MoEF- New Delhi. (there should not be any issue/delay in issuance of final EC). EC compliance certificate should be received on or before finalization of final EIA. Note: All expenditure for above shall be borne by Consultant including site visit of MoEF official/s. Scope Domain The following activities need to be conducted for the preparation of EIA/EMP report for the exploratory drilling 1. Site details within 2.5 km radius of the each proposed well, any habitation, any other installation/activity, flora and fauna, approachability to site, other activities including agriculture/land, satellite imagery for 10 km area. All the geological details shall be mentioned RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 17 Centre of Excellence for Geothermal Energy (CEGE) in the Topo sheet of 1:50,000 scale, superimposing the well locations and other structures of the projects. 2. Details of forest land involved in the proposed project. Clearance is to be taken for drilling. A copy of forest clearance letter, if applicable. 3. Distance from nearby critically/severely polluted area, if applicable. Status of moratorium imposed on the area. 4. Environmental considerations in the selection of the drilling locations for which environmental clearance is being sought. Present any analysis suggested for minimizing the foot print giving details of drilling and development options considered. 5. Baseline data collection for air, water and soil for one season in an area of 10 km radius with centre of field as its centre covering the area of all proposed drilling wells. 6. Topography of the project site (1:50,000 scale). 7. Action plan for ambient air quality parameters as per National Ambient Air Quality Standards (NAAQS) for SO2 and NOx and Benzene 8. Details of Ambient Air Quality monitoring at all locations for SO2, NOx, Volatile Organic Compound (VOCs), Methane and non-methane HC. 9. Soil sample analysis (physical and chemical properties) at the areas located at the all locations. 10. Ground and surface water quality in the vicinity of the proposed wells sites. 11. Climatology and Meteorology including wind speed, wind direction, temperature, rainfall, relative humidity etc. 12. Measurement of Noise levels within 2.5 km radius of the proposed wells. 13. Vegetation and land use; flora/fauna in the study area with details of endangered species, if any. 14. Potential environmental impact envisages during various stages of project activities (exploration, exploitation and facility development). 15. Actual source of water and 'Permission' for the drawl of water from the Competent Authority. Detailed water balance, wastewater generation and discharge. 16. Noise abatement measures and measures to minimize disturbance due to light and visual intrusions in case coastally located. 17. Treatment and disposal of waste water. 18. Detailed solid waste generation, collection, segregations, its recycling and reuse, treatment and disposal 19. Disposal of spent oil/lube 20. Disposal of fluids RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 18 Centre of Excellence for Geothermal Energy (CEGE) 21. Storage of chemicals at the site, proposed preventive measures for spillage and accident. 22. Mud make-up and mud and cutting disposal – all options considered shall be listed with selective option. 23. Hazardous material - Usage, Storage, Accounting and Disposal. 24. Disposal of packaging waste from site. 25. Oil spill emergency plans in respect of recovery/reclamation. 26. H2S and CO2 emissions control. 27. Details of control of air, water and noise pollution in oil collection system. 28. Disposal of produced/formation water. 29. Whether any burn pits being utilized for well test operations. 30. Restoration and decommissioning plans which shall include mud pits and wastage restoration also and documentation and monitoring of site recovery. 31. Measures to protect ground water and shallow aquifers from contamination. 32. Risk assessment and disaster management plan for independent reviews of well designed construction etc. for prevention of blow out. 33. Environmental management plan. 34. Documentary proof of membership of common disposal facilities, if any. 35. Details of environmental and safety related documentation, including documentation and proposed occupation health and safety, Surveillance Safety Programme for all personnel at site. 36. Total capital and recurring cost for environmental control measures. 37. To asses crop compensation for different types of crops. 38. Land use along with maps & cropping pattern, vegetation ecology, flora & fauna 39. Demography & Socio-economics of the area 40. Treatment and utilization of produced water. 41. Estimation and computation of air emission resulting out of drilling operations 42. Assessment of impact on air, water, soil, solid/hazardous waste and noise levels 43. Evaluation of the adequacy of the proposed pollution control measures to meet the air quality emission standards, water discharge norms, solid/hazardous waste generation and disposal 44. Estimation of noise level due to operation of drilling, its associated equipments and vehicular movement & prediction and evaluation of impacts due to increase in noise levels arising out of the proposed activities on the surrounding environment. 45. Proposed mitigation measures for noise pollution 46. Storage of chemicals at the site, proposed preventive measures for spillage and accident. RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 19 Centre of Excellence for Geothermal Energy (CEGE) 47. Risk Assessment & Disaster Management Plan Identification of hazards Hazards operability/ Hazard analysis Consequence/Risk Analysis Risk Presentation & proposed mitigation measures for Risk Reduction Disaster Management Plan (DMP) Design details of Blowout preventer (BOP) and mechanism of control. Oil spill contingency plan and emergency response plan. 48. Measures to be taken for decommissioning of the rigs & projects. 49. A tabular chart with index for point wise compliance of above points (1-48). RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 20 Centre of Excellence for Geothermal Energy (CEGE) SECTION-IV PRICE SCHEDULE Table- A (For Dholera/Gandhar/Unai/Chabsar/Tuwa) Sr. No. I* II III Item Details Drilled sites Public Hearing Certificate – EC compliance Report Unit 5 5 5 Amount in INR Total ( II+III) Service Tax @ 12.36% Total (A) I* - This should be cumulative total of Annexure -1 For Sr. No. II to III, payments shall be made on actual, i.e. on performance of the activity and its numbers as applicable. The above cost should be inclusive of travelling / lodging boarding for EAC/EC/PH related activities. Notes: 1. Only National Accreditation Board for Education and Training (NABET) – Quality Council of India (QCI) Approved agencies should be considered for the bidding. 2. Agency should be in position to start the work immediately after receiving LOA. 3. All Statutory Fees shall be paid by CEGE, PDPU as extra. 4. Newspaper publication cost (PH notice & EC notice) shall be borne by CEGE, PDPU. 5. The rates should be quoted in INR only. 6. The rates shall be inclusive of all taxes, levies, duties, other charges etc except Service Tax. Service Tax shall be reimbursed by CEGE, PDPU, if applicable. 7. The payment shall be made within 30 working days after certification of invoices by CEGE techno-commercial team for actual work done in accordance with Work Order / LOA. 8. The above cost shall be inclusive of travelling / lodging boarding for EAC/EC/PH related activities 9. The above rates should be inclusive of all associated costs of activities required. 10. Being an experienced consultant, bidder should consider the time taken for liaison & coordination activities and quote accordingly. 11. The Scope of EIA should only start from the date of commencement of Environment RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 21 Centre of Excellence for Geothermal Energy (CEGE) Monitoring on the account of “Available window” for Environmental Monitoring. 12. The bidders should be well aware about the process of Environmental Clearance and subsequent Public Hearing and SPCB Clearances, based on their experience they can consider the visits and quote accordingly. Annexure – 1 to Price Schedule Detailed price schedule for carrying out EIA. Below details should be compiled and total amount should be filed in final Price Schedule i.e. Sr.No. I of Table-A Sr. No. Item Details Unit 1 Site details within 2.5 km radius of each proposed well / Installation, any habitation, any other installation / activity, flora and fauna. Preparation of map SOI, with 10 Km boundary to identify features (various industries, surface water bodies, Forest, coastal zone around. All the geographical details shall be mentioned in the Topo sheet of 1:50000 scale, superimposing 1. The well locations and other structures of the projects. 2. Distance from critically polluted area. 3. Distance from forest, wild life sanctuary and eco-sensitive area. Land use studies based on satellite imagery for study area of 10 km radius 1 season Site specific meteorological data using temperature, relative humidity, hourly wind speed and direction and rainfall. 1 season AAQ monitoring, per one location as per NAAQS 2009. Air Modelling of project sites. Determination of atmospheric inversion level at project site and assessment of ground level concentration of pollutants from stack mission based on site specific meteorological features Ground water and or surface water quality monitoring. (per sample) Soil analysis report ( per sample) 5 2 3 4 5 6 7 RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Unit Rate Max Qty Amount Considered for EIA Studies 5 5 5 8 samples 5 5 6 5 6 Page 22 Centre of Excellence for Geothermal Energy (CEGE) 8 9 Noise analysis (per sample) Occupational health surveillance programme Action plan for control and monitoring secondary fugitive emissions from all sources Action plan for zero- discharge of effluent. Treatment and disposal Action plan for development of green Belt Action plan for rain water harvesting measures at plant site Oil spill emergency plans in respect of recovery/ reclamation Environment Impact Assessment (Air, water, land etc) during various stages of project activities such as site activation, development, operation/maintenance and Decommissioning Preparation of EMP based on current Environment data Field area expert reports (all Functional areas) Risk assessment & Disaster management plan Any other points in compliance to TOR. Report writing Coordination with MoEF for obtaining EC TOTAL 10 11 12 13 14 15 16* 17 18 19 20 21 5 5 1 5 1 5 1 5 5 1 1 5 1 5 1 5 1 5 1 5 1 5 1 5 5 1 1 Notes: However, the final number of samples / monitoring locations should be as per feasibility. Ground water studies should include geological features and geo – hydrological status of the study area and ecological status (terrestrial and aquatic) EMP should contain details of Air pollution control system, Water and waste water management, monitoring frequency, responsibility and time bound implementation plan for mitigation measures. In addition to above, flood plain related data and land subsidence related data of particular area should also be incorporated in the EIA. RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 23 Centre of Excellence for Geothermal Energy (CEGE) SECTION-V GENERAL TERMS & CONDITIONS The Following terms and conditions will be a part of Contract: 1. Entire Agreement: This Contract constitutes the entire agreement between the Parties hereto and supersedes all prior negotiations, representations or agreements related to the Contract either written or oral. No amendments shall be effective unless issued in writing and agreed by CEGE, PDPU and Contractor. 2. Scope of Services and Technical Specifications: Scope of Services shall be, „Carrying out Environmental Impact Assessment Studies‟ for the proposed sites; the details of which have been discussed earlier in this document. 3. Contract Price: To complete the above mentioned scope of services CEGE, PDPU shall pay the Contractor on the basis of Rate Schedule attached as Price Schedule. The Rates mentioned in Schedule shall be firm and fixed throughout the execution /currency of the Contract and no escalation on whatsoever ground shall be allowed. 4. Deliverables: The bidder shall submit Two (2) Hard-copies & One (1) Soft copy of final report / statement as per the scope mentioned herein. The reports shall be submitted to: Mr. Dwijen Vaidya, Research Assistant, CEGE, Pandit Deendayal Petroleum University, Raisan Village, Gandhinagar – 382007, Gujarat. The bidder shall complete the scope of services as mentioned above and submit the report within Seven (7) days of collection of sample from the sites. 5. Payment Terms: I. Pre Drilling and Pre Production EIA/EMP – RA/DMP & Environmental Clearance 30% on submission of draft EIA to CEGE, PDPU 30% on submission of final EIA to MoEF for Environment Clearance 40% on receipt of Environmental Clearance from MoEF II. Public Hearing 30% on submission of request for Public Hearing to GPCB along with draft EIA and Executive summary 30% on Completion of Public Hearing 40% on Submission of final EIA (after incorporation of PH issues) to MoEF III. Environment Clearance certification 30% on Submission of request for Certified Compliance report of existing Environment Clearance to MoEF RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 24 Centre of Excellence for Geothermal Energy (CEGE) 30% on satisfactorily completion of site visit by MoEF official 40 % on receipt of Certification for EC compliance Payment shall be made within 30 (thirty) days from the receipt of the undisputed Invoices which shall be duly certified by CEGE, PDPU representative. Each Invoice shall accompany with the copy of Log sheet/Report duly certified & countersigned by the CEGE, PDPU representative. No interest shall be payable on delayed payments by the CEGE, PDPU. The Contractor shall raise Invoice to: Mr. Dwijen Vaidya Research Assistant Centre of Excellence Geothermal Energy (CEGE) Pandit Deendayal Petroleum University (PDPU) Knowledge Corridor, Raisan, Gandhinagar Gujarat – 382007 6. Contract Duration: The primary duration of the Contract shall be for a period of five (5) Months. CEGE, PDPU shall have the option of extending the Contract for further period, at its own discretion at the same rates, terms and conditions by giving (seven) 7 days notice before the expiry of the primary Contract period depending upon CEGE, PDPU‟s requirement & performance of the Contractor. 7. Rejection: If CEGE, PDPU finds that the quality of services performed is not in accordance with the specifications and other conditions stated in the RFQ documents, CEGE, PDPU shall be entitled to reject the services in part or in full, as the case may be and intimate the Contractor for appropriate corrective action at its end. CEGE, PDPU shall not make any payment for the services rejected unless the Contractor re-performs the services and completes it as per the acceptable norms / stipulations in the industry standards (to the satisfaction of CEGE, PDPU). 8. Performance Bank Guarantee: The Contractor shall furnish to CEGE, PDPU a Performance Bank Guarantee for 10% (Ten percentage) of the value of Contract within 21 (Twenty one) days of issue of the LOA. The Contractor by furnishing the Performance Bank Guarantee shall guarantee the Performance of the Contract and shall also guarantee that the services so provided under the Contract shall be in strict conformity with the specifications, details; requirements stipulated in the Contract and shall satisfactorily perform during the period of the Contract. CEGE, PDPU shall have the right to forfeit the entire Performance Bank Guarantee amount in the event the Contractor does not perform or denies performing services against the RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 25 Centre of Excellence for Geothermal Energy (CEGE) Contract terms and conditions at any point of time during the currency of the Contract. The format for the Performance Bank Guarantee (PBG) shall be as per Attachment-3 of this RFQ. The PBG shall remain valid up to 90 days beyond the completions/expiry of the Work Order/Contract period and any extension thereto. It is mandatory that all bidders should submit Bank Guarantees from any one of the Public Sector Bank in India or from any one of the banks listed at Attachment-4 “List of approved Banks for providing Bank Guarantee”. 9. Assignment: Contractor shall not assign this Contract or any rights or obligations there under without the written consent of CEGE, PDPU. CEGE, PDPU may assign this Contract to any Co-venture without the consent of Contractor. 10. Warranty and Guarantee: The Contractor warrants and guarantees the Work performed under this Contract. Where CEGE, PDPU has found the Work or part thereof or any rework not to have been performed in accordance with the Contract, CEGE, PDPU shall detail in writing the specific nature of the defect and the obligation that the Contractor has failed to meet. Upon receipt of such notification, the Contractor shall promptly take action necessary to re-perform the Work in accordance with the Work Order. If Contractor fails to re-perform the Work in accordance with the notice issued by CEGE, PDPU, then CEGE, PDPU or any person appointed by or on behalf of CEGE, PDPU may proceed to re-perform the Work at the Contractor's risk and expense, the reasonable and proper costs of which shall be recoverable by CEGE, PDPU from the Contractor. The re-performance of such defective work or action by CEGE, PDPU shall not relieve the Contractor of any of its obligations under the Contract. The decision of this matter be binding on the contractor at the sole discretion of CEGE, PDPU. 11. Completion of Work: Contractor shall deliver/complete the Work in accordance with the requirements of the Contract. Strict compliance with these requirements is of the essence of the Contract. 12. Inspection and Approval: CEGE, PDPU and/ or its authorized third party inspection agency reserve the right to inspect the Work at Site or other facilities where the Work is being undertaken by giving a reasonable notice. The Work shall be rejected if performed in noncompliance with the requirements of this Contract. 13. Title of Work: The Title of the Work shall pass on to CEGE, PDPU in accordance with the condition stated in the Contract. 14. Compliance with applicable Laws, Rules and Regulations: Contractor represents that he has knowledge of and shall comply with & shall cause Contractor‟s Personnel to comply with the all laws, rules, ordinances and regulations applicable in India that may govern the performance of the obligations contained in this Contract. Contractor agrees to obtain, at his own expense, RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 26 Centre of Excellence for Geothermal Energy (CEGE) all authorizations, licenses and permits that may be required for the operation of its equipment in the performance of the Work. All costs and expenses incidental to such compliance will be paid by Contractor, except as otherwise provided herein. 15. Variation: CEGE, PDPU reserves the right to make instructions to vary the Contract. No variation in this Contract will be accepted unless authorized by a formal written Variation Order. 16. Insurance & Labour enactments: Contractor shall carry and maintain all relevant and valid insurance cover for its employees, workmen, personnel, equipment, which are mobilized to CEGE, PDPU designated location for performing the scope of work, as per relevant applicable laws, as amended from time to time particularly the workmen‟s compensation act, payment of wages act, contract labour (regulation act), etc., and keep CEGE, PDPU indemnified of provisions of this rules and acts. Contractor shall ensure strict & regular compliance to Minimum Wages Act, No dues to the Employees who have resigned or whose services are terminated, engaged by the contractor regarding payment of wages, service compensation, Bonus, Gratuity, Un-availed Leave Salary, Notice pay & etc. 17. Tax Indemnity: Unless specified in the Contract it is deemed to understand that Contract Price / Rates are all-inclusive. All taxes and duties are deemed to be included in the Contract Rates / Prices. Contractor shall indemnify and hold harmless CEGE, PDPU and Co-ventures from all taxes and duties and any interest and penalties thereon. CEGE, PDPU shall provide the required forms as applicable for tax exemptions/ concessions. CEGE, PDPU shall make statutory deductions from all payments made to the Contractor under this Work Order. The rates given in the Contract are inclusive of all levies/ duties paid/ payable in execution of the contract except Service Tax which shall be paid at the prevailing rate as indicated above. Any variation during the contract period as promulgated by Govt. shall be adjusted on either side on scrutiny of proof of payment. However, increase in taxes, levies/ duties for work executed beyond the contract duration will not be applicable. 18. CEGE provided information: On receipt of any specifications, drawings or other information required for the Work and supplied by CEGE, PDPU or supplied expressly on its behalf, the Contractor shall inspect same for omission, inconsistency or inaccuracy. If the Contractor considers there is any omission, inconsistency or inaccuracy in such specifications or drawings, or that any modification should be made, the Contractor shall notify CEGE, PDPU forthwith in writing. 19. Local Goods and Services: In the provision of the Work, Contractor shall:a. Give preference to the purchase and use of goods manufactured, produced or supplied in RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 27 Centre of Excellence for Geothermal Energy (CEGE) India provided that such goods are available on terms equal or better than imported goods with respect to the timing of delivery, quality, quantity required, price and other terms; b. Employ Indian sub-contractors having the required skills or expertise to the maximum extent possible insofar as their services are available on comparable standards with those obtained elsewhere and at competitive prices and on competitive terms, provided that where no such sub-contractors are available, preference shall be given to non-Indian subcontractors who utilize Indian goods to the maximum extent possible, subject to the provision in point no. 10 above; c. Co-operate with and assist Indian companies as sub-contractors to enable them to develop skills and technology to service the petroleum industry; d. Ensure to the best of its ability that provisions in terms of point no. 12, above are contained in the sub-contractors; and e. Ensure that suppliers in India are given adequate opportunities to compete for the supply of goods and services for the provision of the Work. 20. Termination: CEGE, PDPU may terminate this Contract with 24 hrs notice and without further liability for any payment to Contractor, if Contractor fails to use due diligence to perform as specified or if Contractor fails to deliver as specified; or if any proceedings in bankruptcy, insolvency or receivership are taken against Contractor. CEGE, PDPU reserves the right to terminate the Contract at any time by giving Contractor written notification specifying the date of termination. On the date of such termination Contractor shall discontinue all work in connection with the provision of the Work except as expressly instructed by CEGE, PDPU regarding the care or disposal of the Work. CEGE, PDPU shall pay Contractor in respect of all work satisfactorily performed up to the date of termination. In no event shall Contractor be entitled to any prospective profits or any consequential damages because of such termination. 21. Indemnity and Liabilities 21.1. Indemnity by Contractor: Contractor shall, save as is otherwise herein specifically provided, indemnify and hold harmless company along with its Co-Ventures and their owned, controlled, affiliated and subsidiary companies and the stockholders, directors, agents, employees and representatives of each from any and all claims, liabilities, costs, damages and expenses of every kind and nature with respect to sickness, injury or death of any Contractor‟s Personnel arising directly or indirectly during or as a result of the performance of this order from any cause whatsoever, including but not limited to the negligence of Contractor and its co-ventures. RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 28 Centre of Excellence for Geothermal Energy (CEGE) 21.2. Indemnity by CEGE, PDPU: CEGE, PDPU shall, save as is otherwise herein specifically provided, indemnify and hold Contractor harmless from any and all claims, liabilities, costs, damages and expenses of every kind and nature with respect to sickness, injury or death of any employee, agent or invitee of CEGE, PDPU or its other contractors or subcontractors and to damage or destruction of CEGE, PDPU‟s Equipment and any other property of CEGE, PDPU or its other contractors and subcontractors and their respective employees agents or invitees arising directly or indirectly during and as a result of the performance of this order from any cause whatsoever, including but not limited to the negligence of Contractor. 21.3. Patent Indemnity: Contractor shall indemnify and hold harmless company with its successors and assigns and agents from and against any and all claims, losses, damages, liability, suits and demands arising from actual or alleged infringements of any patent or patent right, copy right or similar protection in connection with the Work, except where such claims arise out of work and material furnished in accordance with drawings and specifications provided by CEGE, PDPU. 22. HSE: In provision of Work, Contractor shall address all the issues related to Health, Safety and Environment including but not limited to abiding by the applicable laws, its employees‟ Health and Safety, selection of Environmental friendly materials, etc. It is mandatory that all Contractors‟ personnel shall wear steel-toed safety boots, safety glasses and helmets which shall be supplied to them and borne by the Contractor. 23. Liquidated Damages: If the Contractor fails to complete the work or any part thereof as per "Time Schedule & Deliverables" mentioned in the Contract, CEGE, PDPU may without prejudice to any right or remedy available to CEGE, PDPU under the Contract, recover from the Contractor as ascertained and agreed liquidated damages and not by way of penalty, a sum equivalent to 1% of the Contract price for each week of delay or part thereof beyond the agreed time schedule, upto a maximum of 10% of the total Contract Price. 24. Force Majeure: The terms “Force Majeure” means any of the following events or circumstance, or any combination of such even or circumstance, which are beyond the reasonable control of the affected party, which could not have been prevented by good industry practice or by the exercise of reasonable skill and care, and which, or any consequences of which, have a material an adverse effect upon the performance of the affected party of its obligations under the agreement/contract. Events of force majeure shall be limited to war (whether declared or undeclared), Public enemy strike, hostilities, epidemics, riots, protests, natural phenomena or calamities, earthquake, landslides, lightening, hurricane, typhoon, RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 29 Centre of Excellence for Geothermal Energy (CEGE) cyclone, flood, bad/extreme weather or major storm warning, tidal wave, shipwreck and perils of navigation landslide, fire explosion, blow out, ionizing radiation or contamination by radio activity from any nuclear fuel or from any nuclear waste from the combustion or nuclear fuel, radioactive toxic explosives or other hazardous properties or any explosive nuclear assembly or nuclear thereof, insurrection, invasions, blockades and civil disturbances or public disorder, sabotage, accident or similar events beyond the control of the parties or either of them. Force Majeure shall specifically not include occurrences as follows: Delay in performance of delivery caused by congestion at Contractor‟s facilities or elsewhere, an oversold condition of the market, inefficiencies,, or similar occurrences. Late performance by Contractor and / or its Sub Contractor‟s caused by unavailability of equipment, supervisors or Labour, inefficiencies or similar occurrences. Mechanical breakdown of any item of contractor‟s or its SUB Contractor‟s equipment, plant or machinery. Delays due to ordinary storm or inclement weather or Non-conformance by Contractor or SUB- CONTRACTOR. Unless the delay arises out of a Force majeure occurrence and is beyond Contractor‟s control and an alternate acceptable source of services, equipment or material is unavailable. No payments of whatsoever nature, shall be payable to the Contractor for the losses suffered by the Contractor due to Force Majeure. Additionally, Force Majeure shall not include financial distress of Contractor or any Sub Contractor. 25. Settlement of Disputes / Arbitration: Mediation : CEGE, PDPU and the contractor undertake that all disputes, differences or questions at any time between the parties as to the construction to this Contract or as to any matter or thing arising out of it or in any way connected therewith shall be resolved between the parties in good faith by having the discussion between the Project Manager/Contract Manager level and if required may be taken up to the respective Project Heads, to resolve the issues/disputes in the interest of the work and at least three attempts shall be made by the both the parties in this direction. Should any dispute cannot be resolved between the parties within sixty (60) days or any agreed extension thereof, any Party may refer the dispute to the arbitration. The case referred to arbitration shall be other than those for which the decision of the CEGE, PDPU representative as expressed in this Contract shall be final and conclusive. The Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof, for the time being in force, RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 30 Centre of Excellence for Geothermal Energy (CEGE) shall apply. The venue for such arbitration will be Gandhinagar/Ahmedabad. This clause survives the expiry/termination of this Contract 26. Governing Law: This Contract shall be governed by and construed in accordance with laws of India and the Parties submit to the courts of Gandhinagar/Ahmedabad only. This Clause survives the expiry/termination of this Contract. 27. Conflict of Interest/ No gift representation: Contractor represents specifically that neither Contractor nor Contractor personnel have knowingly promised or conferred nor promised or confer, any financial benefits of any kind whatsoever to any employee of CEGE, PDPU or authorities involved directly or indirectly in providing/ granting EC in relation to this Contract. Contractor shall use all the reasonable efforts to prevent Contractor‟s personnel from engaging in activities known to be contrary or detrimental to the best interests of the CEGE, PDPU. RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 31 Centre of Excellence for Geothermal Energy (CEGE) Attachment-1 BIDDERS RESPONSE ACKNOWLEDGMENT OF REQUEST FOR QUOTE PACKAGE RFQ/Enquiry – _______________________ Dated _______________ As a delegated authority/representative of the organization named below, I have reviewed the contents of the package and on behalf of my company, acknowledge the receipt of the same and advise that we will: BID______________________ NOT BID______________________ Reason for no Bid (optional):__________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ __________________________________________________ For Name of Company: _____________________________ Signature : _________________________________ Title : _________________________________ Date : _________________________________ Transmittal via facsimile: ATTENTION Mr. Dwijen Vaidya Research Assistant Centre of Excellence for Geothermal Energy (CEGE) Pandit Deendayal Petroleum University, Raisan Village, Gandhinagar-382007 Gujarat Mob No: +91-9429613506 RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 32 Centre of Excellence for Geothermal Energy (CEGE) Attachment - 2 Exceptions/ Deviations and Compliance Statement RFQ/Enquiry No. …………………… Dated……………… Exceptions/ Deviations to the tender terms and conditions We have taken following exceptions to Scope of Supply/work / specification /schedule/ the terms and conditions stated in the Tender. Sr. No. Section, Clause Reference A 1 2 B 1 2 Commercial Description as in the Tender Exception Taken Explanation/Reason Cost impact (+/-) and/or effect on Delivery Date Technical Note: 1 – Any Alternative Proposal or Deviations to the Tender Terms and Conditions mentioned by the Bidder other than this format shall not be considered and treated as no deviations taken by the Bidder. OR COMPLIANCE STATEMENT I/We ____________ (Supplier/Contractor) _____________ hereby agrees to enter into a Rate Contract with Centre of Excellence for Geothermal Energy (CEGE), PDPU, in compliance with the terms and conditions attached to Tender/RFQ/Enquiry No ___________________ dated _____________ should [Supplier/Contractor] be the successful Tenderer as a result of the tender evaluations. Signature : ______________________ Seal : ______________________ Date : ______________________ RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 33 Centre of Excellence for Geothermal Energy (CEGE) Attachment-3 PERFORMANCE BANK GUARANTEE FORMAT To: Prof. Tarun Shah; Registrar Pandit Deendayal Petroleum University Raisan - 382007,Gandhinagar,Gujarat. WHEREAS: (1) By a Contract/Work Order No. ____________ dated _________ (hereinafter referred to as the “Contract/Purchase ___________________ Order”) for the (Supplier/Contractor _________________ Name) (hereinafter between M/s called the “Supplier/Contractor”) of the one part and CEGE, PDPU of the other part, the Supplier/Contractor agrees to supply the material in accordance with the Contract/Purchase Order. (2) In response to the request made by Supplier/Contractor, we __________________________ (Name of Banker) (hereinafter called the “GUARANTOR”) hereby irrevocably and unconditionally guarantee in favor of CEGE, PDPU the payment of amounts (without any withholding, deduction or set off) the sum of INR Rs.______________ (Rupees _____________), as guarantee for obligation of the Supplier/Contractor to perform the Supply/work in accordance with the Contract. The sum shall become payable by us immediately on first demand by CEGE, PDPU without proof or conditions not withstanding any dispute or protest by the Supplier/Contractor or any other third party. Multiple demands may be made in respect of our guaranteed obligations. (3) We shall not be discharged or released from this Guarantee by any waiver, modification, agreements made between the Supplier/Contractor and CEGE, PDPU with or without the consent or by any alteration in the obligations undertaken by the Supplier/Contractor or by any forbearance whether as to payment, time performance or otherwise, or by any change in name or constitution of CEGE, PDPU or the Supplier/Contractor. (4) This Guarantee is a continuing security and, accordingly, shall remain in operation for three (3) months after the completion / termination of the Contract. (5) We agree that the Guarantee is given regardless of whether or not the sum outstanding occasioned by the loss, damages costs, and expenses or otherwise incurred by CEGE, PDPU is RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 34 Centre of Excellence for Geothermal Energy (CEGE) recoverable by legal action or arbitration. (6) The rights under this Guarantee shall be assignable by CEGE, PDPU to third parties with prior consent of Bank. (7) This Guarantee shall be governed by and construed in accordance with the laws of India. (8) The Guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or changes or constitution or insolvency of the said Contractor but shall in all respects and for all purposes be binding and operative until payment of all money due in respect of such liabilities is paid. IN WITNESS whereof this Guarantee has been duly executed by GUARANTOR this ___________ day of ______________, 2015 or and on behalf of ___________________ (Supplier/Contractor). Name : _____________________________________________ Designation : _____________________________________________ Banker‟s Seal : _____________________________________________ Address : ______________________________________________ Note: 1) The formats for any of the Bank Guarantees shall not be changed except for any minor variations that the Bank may require. Failure to comply with this requirement may entail disqualification of the Tender. 2) It is mandatory that all bidders should submit Bank Guarantees from any one of the Public Sector Bank in India or from any one of the banks listed at Attachment-4 “List of approved Banks for providing Bank Guarantee”. Attachment – 4 RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 35 Centre of Excellence for Geothermal Energy (CEGE) List of approved Banks for providing Bank Guarantee RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 36 Centre of Excellence for Geothermal Energy (CEGE) Attachment – 5 Sr. No. 1 2 3 4 5 6 7 8 9 10 11 General and Financial Details to be submitted in Technical Bid by bidder Description Bidders to Provide Provide details Remarks IT PAN No. VAT Reg No. Service Tax Reg No. Provident Fund Code No. ESI Registration No. Bank Details Bank Name Branch Account No. Bidder's complete Details Name Address Tel No. Fax No. Contact Person Name & Designation Mobile No. Email id State whether the Bidding Company is proprietary/Pvt. Ltd./Ltd Bidder's representative: Name Contact Details Identity Proof Acceptance to the terms and conditions of the Tender Bidder's annual Turn-over & Net-worth RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Attach copy Attach copy Attach copy Attach copy Attach copy Attach copy of Identity Proof Attach entire copy of tender duly signed and stamped on each page Bidder to submit audited annual balance sheet & P&L account of last 3 financial year Page 37 Centre of Excellence Geothermal Energy (CEGE) Attachment - 6 BID BOND FORMAT TO: Mr. Dwijen Vaidya, Research Assistant, CEGE, Pandit Deendayal Petroleum University, Raisan Village, Gandhinagar-382007, Gujarat, India WHEREAS: In response to the request made by the Tenderer, we (Name of Banker/Insurer) ______________________ (hereinafter called the “Guarantor”) hereby irrevocably and unconditionally guarantee the sum of Indian Rupees ________________/(INR __________________________ only) in favour of Pandit Deendayal Petroleum University (PDPU), if Tenderer fails to perform its obligations as set forth below: (i). The Tenderer agrees to keep the Proposal open for acceptance by CEGE, PDPU during the period of validity (15 days from the Commercial Bid Opening Date) specified in the Tender. (ii). The Tenderer, having been notified of acceptance of its Proposal by CEGE, PDPU during the period of Tender validity: (a) Fails or refuses to execute the agreed Contract/ Agreement, if required; or (b) Fails or refuses to furnish the Performance Bank Guarantee in accordance with the format provided in the Tender document; or (c) Seeks Variation or modification of Proposal; modifications to the terms and conditions (d) Tries to influence CEGE, PDPU on bid evaluation, bid comparison or Contract award decision. The sum shall become payable by us immediately on first demand by CEGE, PDPU without proof or conditions not withstanding any constitution or protest by the Tenderer or any other third party. (iii). CEGE, PDPU shall have the fullest liberty without our consent and without affecting in any manner, our obligation hereunder, to relax any of the terms and conditions of the aforesaid Tender, from time to time, or to postpone any time any of the powers exercisable by CEGE, PDPU against the said Tenderer and Guarantor shall not be relieved from its liabilities by reason of any such relaxation being granted to the RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 38 Centre of Excellence Geothermal Energy (CEGE) Tenderer by CEGE, PDPU or any indulgence by CEGE, PDPU to the said Tenderer or by any such matters or things whatsoever. (iv). The Guarantor shall not be discharged or released from this Guarantee by any Contract/Agreement made between the Tenderer and CEGE, PDPU with or without the consent of the Guarantor or by any alteration in the obligations undertaken by the Tenderer or by any change in name or constitution of CEGE, PDPU or the Tenderer. (v). The Guarantee herein shall not be affected by any change in the constitution of the Bank or the Tenderer. (vi). This Guarantee shall not be revoked during its currency, and shall remain in effect for the contract from the Date of LOA. (vii). This Guarantee shall be governed and construed in accordance with the laws of India and all of the parties to this Guarantee hereby irrevocably submit to the non-exclusive jurisdiction of the High Court of Ahmedabad. IN WITNESS whereof this Guarantee has been duly executed by GUARANTOR the ____________________ day of _____________ for and on behalf of (______________________) Name : _______________________________________ Designation : ________________________________________ Banker‟s Seal Address : _______________________________________ : _______________________________________ BID BOND It is a condition precedent to the acceptance of any tender by the CEGE, PDPU that the Tenderer shall provide a Bid Bond by means of a Bank Guarantee for an amount stated in the Invitation to Tender in the prescribed format and valid for a period of 150 days from the Date of LOA. The Tender may be disqualified in the absence of a Bid Bond in the prescribed format. Conditions for Invoking of Bid Bond Guarantee The following conditions (illustrated, not limited to) would also lead to the invoking of Bid Bond Guarantee: RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 39 Centre of Excellence Geothermal Energy (CEGE) a) If the Tender is withdrawn during the validity period or any extension thereof. b) If the Tender is varied or modified in a manner not acceptable to CEGE, PDPU during the validity or agreed extension validity period duly agreed by the Tenderer or after notification of award by CEGE, PDPU and prior to signing of the Contract. c) If the successful Tenderer is seeking modifications to the terms and conditions after notification of award or declines to accept the Letter of Award. d) If the successful Tenderer fails to furnish Performance Bank Guarantee within 10 days of the issue of the Letter of Intent/Award. e) Any effort by the Tenderer to influence CEGE, PDPU on bid evaluation, bid comparison or Contract award decision. Note: 1) The formats for any of the Bank Guarantees shall not be changed except for any minor variations that the Bank may require. Failure to comply with this requirement may entail disqualification of the Tender. 2) It is mandatory that all bidders should submit Bank Guarantees from any one of the Public Sector Bank in India or from any one of the banks listed at Attachment-4 “List of approved Banks for providing Bank Guarantee”. RFQ no: PDPU/CEGE/EIA & EC/15-16/01 Page 40
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