Annexure- ‘B’
Amendments to the Bid Identification No.BMC- EED-I/10(EL)/2012-13 Date: 04-02-2013
Sl.
1
Clause No. and Existing Provision
Revised/New provision
EPC,
Schedul
e 4 – 2.d
Pole
A
Road
Width
(m)
Illumination level (lux levels) shall be measured using a calibrated
lux meter by the following method (Nine point method). The layout
of a 9 point measuring grid (for one span) should be as below.
The same methodology would be followed for all types of roads.
Pole
B
1
2
3
4
5
6
7
8
9
Pole
A
Average
Lux
Road Width
(m)
Measure illuminance using a calibrated lux meter at each
point. Calculate the average value of measured
illuminance at all points. If E1, E2,…, En are illuminance
measurements at points 1,2,…., n
Average illuminance, Eav = E1+E2 +E3 + …..+ En X
correction factor
N
Pole
B
A1
C1
B1
C2
D
C4
A2
C3
B2
Average
Lux
Avg. illuminance, Eav = (A1+A2+B1+B2)/16 + (C1+C2+C3+C4)/8
+ D/4
Sl.
2
EPC,
Schedul
e3
Clause No. and Existing Provision
Revised/New provision
New Clause [To be inserted after Clause (d)]
New Clause (e) – Accounting for voltage variations during
baseline study;
1. In the event if the input voltage is not found to be within
the acceptable range for any particular switching point(s)
by either of the Parties, such Party may request for repeat
of the TPEA exercise. Such request for the repeat of the
TPEA for specific switching point(s) shall have to be
completed within the timelines as specified for TPEA in the
contract.
2. During the initial survey phase, if the Contractor feels that
there is substantial voltage ( + or – 25 %) drop at the tail
end of street lighting system covered under any particular
switching point(s), due to infrastructure deficiencies, which
is substantially deflating the baseline consumption norm, it
may request BMC to complete the impending
infrastructure works prior to the TPEA exercise. Such
issues may also be highlighted or flagged by the
Contractor during the TPEA exercise for specific switching
point(s), for review by the IEA
3
EPC –
Article 4
New Clause [To be inserted after Clause 4.5]
New Clause (4.6) - Non-availability of power on any Switching
Point(s)
The BMC shall be obligated to take up the matters of lack of
quality and continuity of supply of power with CESU on any
particular switching point(s) in case the same is not found to be
acceptable by the Contractor.
Sl.
4
Clause No. and Existing Provision
EPC –
Article 1
New Definition
Revised/New provision
Book Value of Assets – Definition
Book Value of the equipment shall mean original cost of
equipment as reduced due to depreciation as per Companies
for the respective equipment (from the date of installation to
termination date).The same shall have to be certified
reputable auditor and BMC.
5
6
EPC –
Article 4:
Article
4.4.1
On commencement of Phase 4 (as defined in Article 6),
BMC shall conduct, with the assistance of the
Independent Energy Auditor, lux level measurements on
five percent (5%) randomly selected street lighting points
on a half yearly basis. The Contractor shall be required to
participate in the lux level measurements along with BMC
and the Independent Energy Auditor. In the event the lux
levels are found to be below the applicable standards as
specified in Schedule 2, the Contractor shall be required
to make payments to BMC for the amounts as
determined under Article Error! Reference source not
found..
RFP,
Schedul
e 3,
Para 4
The consortium shall be required to incorporate a Project
Company, per the provisions of the RFP, within fifteen
(15) days of BMC's issuance of the letter of intent,
provided that it has not incorporated a Project Company
before the submission of its Bid.
the
Act
the
by
Changes with respect to Sampling Methodology for Lux
Level Surveys
On commencement of Phase 4 (as defined in Article 6), BMC
shall conduct, with the assistance of the Independent Energy
Auditor, lux level measurements on five percent (5%) randomly
selected street lighting points on a half yearly basis. The sample
selection of points for the LUX level measurements should be
spread across at least 50% of the switching points comprising the
total project area and adequately cover different types of roads.
The Contractor shall be required to participate in the lux level
measurements along with BMC and the Independent Energy
Auditor. In the event the lux levels are found to be below the
applicable standards as specified in Schedule 2, the Contractor
shall be required to make payments to BMC for the amounts as
determined under Article Error! Reference source not found..
The consortium shall be required to incorporate a Project
Company, per the provisions of the RFP, within thirty (30) days of
BMC's issuance of the letter of intent, provided that it has not
incorporated a Project Company before the submission of its Bid.
Sl.
Clause No. and Existing Provision
Revised/New provision
7
EPC –
Article
25
The Contractor shall at all times, as may be applicable,
obtain, maintain and renew those insurance covers
required in relation to people, equipment, systems as well
as third party damages in accordance with good industry
practice. In particular, the Contractor shall maintain an
insurance coverage against the risk of damage by fire or
otherwise of Contractor-owned and installed equipment
and systems until the title to the equipment and systems
passes on to BMC upon expiry of the Term.
The Contractor shall at all times, as may be applicable, obtain,
maintain and renew those insurance covers required in relation to
people, equipment, systems as well as third party damages in
accordance with good industry practice. In particular, the
Contractor shall maintain an insurance coverage against the risk
of damage by fire or otherwise (including vandalism) of
Contractor-owned and installed equipment and systems until the
title to the equipment and systems passes on to BMC upon expiry
of the Term. In relation to damage caused by acts of vandalism,
should the premium payable by the Contractor pursuant to this
Article 25 increase due to a large number of such acts, BMC shall
bear the costs of such increase in insurance premium by
refunding the Contractor such amount.
8
EPCArticle
10:
Article
10.1 (d)
EPCArticle
27.5
Without BMC's written permission, the Contractor shall
not engage in any related activities in the city of
Bhubaneswar that may impinge upon this Project, other
than the Services
Without BMC's written permission, the Contractor shall not
engage in any related activities in the Project Area that may
impinge upon this Project, other than the Services.
9
New Article 27.5.2 for termination payments in case Deleted existing Article 27.5.2 and replace by Article below:
of Force Majeure
In case of termination of the Contract at any time during Phase 3
or Phase 4 due to a Force Majeure Event as specified in Article
20, BMC shall pay the Contractor [one hundred percent (100%)]
of the book value for all the equipment constructed or systems
installed up to the Termination Date, as duly certified by a
reputable auditor and approved by BMC. In case of termination
arising on account of a Force Majeure Event during Phase 1 or
Phase 2, neither Party shall be liable for any payments to the
other Party.
Sl.
Clause No. and Existing Provision
Revised/New provision
10
EPCArticle
27.5
"statutory auditor"
"reputable auditor"
11
EPCSchedul
e 6:
Trust &
Retentio
n
Account
: Para
3.2
The remaining twenty-five per cent (25%) of the amount
of the invoice shall be paid by the Escrow Agent upon
submission by ESCO of a written approval of its invoice
by BMC. In the event the Escrow Agent does not receive
a written approval by BMC, it shall not release the
remaining twenty-five per cent (25%)
The remaining twenty-five per cent (25%) of the amount of the
invoice shall be paid by the Escrow Agent upon submission by
ESCO of a written approval of its invoice by BMC. BMC shall
provide its written approval (or disapproval with part or all of the
invoice amount) within thirty (30) days following the receipt of
such invoice.
RFP Article
3.2
3.2.1 If the Winning Bidder is a Bidding Consortium, the 3.2.1 If the Winning Bidder is a Bidding Consortium, the
aggregate equity share holding issued and paid
aggregate equity share holding issued and paid up by the
up by the Lead Member in the Project Company
Lead Member in the Project Company shall not be less
shall not be less than:
than:
12
In the event the written approval (or disapproval with part or all of
the invoice) is not received from BMC within thirty (30) days of
receipt of copy of invoice by BMC as provided in the above
paragraph, , the written approval from BMC shall be deemed to
have been obtained by the ESCO and the Escrow Agent may
release the remaining twenty-five per cent (25%).
-
-
fifty-one per cent (51%) continuously for a period of two (2) years as from the date of execution of
the Contract; and
twenty-six per cent (26%) for a period of three (3)
years thereafter.
fifty-one per cent (51%) continuously for a period of two (2)
years as from the Commencement Date; and
twenty-six per cent (26%) for a period of three (3) years
thereafter.
Sl.
Clause No. and Existing Provision
Revised/New provision
13
RFP Article
3.4.1
3.4.1 If the Winning Bidder is a Bidding Company, it
may choose to set up a Project Company under
Indian laws to enter into the Contract with BMC.
The Project Company will have to be incorporated
within fifteen (15) days after the issuance by BMC
of the letter of intent.
3.4.1 If the Winning Bidder is a Bidding Company incorporated
in India, it may choose to set up a Project Company under Indian
laws to enter into the Contract with BMC. The Project Company
will have to be incorporated within thirty (30) days after the
issuance by BMC of the letter of intent.
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RFP Article
3.4.2
3.4.2 If the Winning Bidder is a Bidding Consortium,
then it will have to set up a Project Company
under Indian laws within fifteen (15) days after the
issuance by BMC of the letter of intent. The
Project Company will execute the Contract with
BMC.
3.4.2 If the Winning Bidder is a Bidding Consortium or is a
Bidding Company incorporated outside of India, then it will have to
set up a Project Company under Indian laws within thirty (30))
days after the issuance by BMC of the letter of intent. The Project
Company will execute the Contract with BMC.
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RFP _
Article
3.5.1.2
The projects referred to by the Bidder in order to meet The projects referred to by the Bidder in order to meet this
this qualification requirement shall be in operation for at qualification requirement shall be in operation for at least a year.
least a year.
Projects by the parent company of a Bidder (parent company
owning at least 51% of the equity of the Bidder) may be taken into
account for the purposes of meeting the experience requirement
set out in this section.
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RFP Article
4.4.1
18
RFP Schedul
e9
(Form of
Earnest
Money
Deposit)
4.4.1 BMC must receive all Bids in person or by mail on
or before April 22, 2012 at 3 p.m.
(d)
This guarantee will remain in full force for one
hundred fifty (180) days following [date of Bid
Submission Deadline].
4.4.1 BMC must receive all Bids by Speed Post/Registered Post
on or before April 22, 2013 at 3 p.m.
(d)
This guarantee will remain in full force for one hundred
eighty (180) days following [date of Bid Submission
Deadline].