Delhi Development Authority. Residential Project Commonwealth Games, 2010 Village

Transcription

1 Delhi Development Authority Residential Project REQUEST FOR PROPOSAL

2 TABLE OF CONTENTS Serial No. Page Disclaimer 2 Abbreviations 3 Definitions 4-5 Section Request for Proposal 6 I Introduction 7-9 II Instructions to Bidders III Evaluation of Proposals IV Description of Residential Project V Sale of Residential Apartments 33 VI Use of Residential Facility during Commonwealth Games, Annex 1 Project Site Map, Initial Conceptual Design and Unit Design 35 2 Project Controls, Specifications and Requirements Project Milestones Format for Power Of Attorney for Signing Of Proposal 55 5 Format for Proposal Format for Anti-Collusion Certificate 60 7 Format for Performance Security Format for Project Undertaking 63 9 Furnishings to be provided in the Mock Unit Format for Project Development Agreement

3 DISCLAIMER This Request for Proposal ( RFP ) is issued by the Delhi Development Authority ( DDA ). The RFP is not a prospectus or offer on invitation to the public in relation to the sale of shares, debentures or securities, nor shall this RFP or any part of it form the basis of or be relied upon in any way in connection with, any contract relating to any shares, debentures or securities. In considering an investment, if any, in the proposed Project, each recipient of this RFP document should make its own independent assessment and seek its own professional, technical, financial and legal advice. Whilst the information in this RFP has been prepared in good faith, it is not and does not purport to be comprehensive or to have been independently verified. Neither DDA, nor any of its officers or employees, nor any of their advisers nor consultants accept any liability or responsibility for the accuracy, reasonableness or completeness of, or for any errors, omissions or misstatements, negligent or otherwise, relating to the proposed Project, or makes any representation or warranty, express or implied, with respect to the information contained in this RFP or on which this RFP is based or with respect to any written or oral information made or to be made available to any of the recipients or their professional advisers and, so far as permitted by law and except in the case of fraudulent misrepresentation by the party concerned, and liability therefore is hereby expressly disclaimed. The information contained in this RFP is selective and is subject to updating, expansion, revision and amendment at the sole discretion of DDA. It does not, and does not purport to, contain all the information that a recipient may require for the purposes for making a decision for participation in this process. Neither DDA nor any of its officers, employees nor any of its advisors nor consultants undertakes to provide any Pre-qualified Party with access to any additional information or to update the information in this RFP or to correct any inaccuracies therein which may become apparent. Each Pre-qualified Party must conduct its own analysis of the information contained in this RFP, to correct any inaccuracies therein and is advised to carryout its own investigation into the proposed Project, the regulatory regime which applies thereto and by and all matters pertinent to the Project and to seek its own professional advice on the legal, financial, regulatory and taxation consequences of entering into any agreement or arrangement relating to the Project. This RFP includes certain statements, estimates, projections, targets and forecasts with respect to the Project. Such statements estimates, projections, targets and forecasts reflect various assumptions made by the management, officers and employees of DDA, which assumptions (and the base information on which they are made) may or may not prove to be correct. No representation or warranty is given as to the reasonableness of forecasts or the assumptions on which they may be based and nothing in this RFP is, or should be relief on as, a promise, representation or warranty. 2

4 ABBREVIATIONS CGF DDA MoU OC RFP RFQ Commonwealth Games Federation Delhi Development Authority Memorandum of Understanding Organizing Committee Request for Proposal Request for Qualification 3

5 Bedroom Bidder Bid Security Working Day Common Facilities Consortium Defects Liability Period Earnest Money Deposit Final Technical Project Requirements Independent Engineer DEFINITIONS Shall have the same meaning as ascribed to such term in Annex 2, Section B hereof. Shall have the meaning as ascribed to such term in Clause 5 hereof. Sum as specified in Section II, Clause 2.14 hereof to be deposited by all the Bidders along with the Proposal being submitted by the Bidders. Any day of the week when DDA is fully functional. Shall include facilities mentioned under Annex 2, Section A, Clause 11 and Annex 2, Section H hereof. A group of Organizations, as defined below, formed by a MoU to undertake the Project in connection with the. Shall have the meaning as ascribed to such term in Clause 2.40 hereof. Sum equivalent to 25% of the quoted Upfront Bid Amount, after adjusting the Bid Security amount, to be deposited only by the Bidders, who are given technical qualification by DDA as provided in Clause hereof. Shall have the same meaning as ascribed to such term in Clause hereof. Shall have the meaning as ascribed to such term in Clause 2.43 hereof. Games The Commonwealth Games, 2010 which will be held in Delhi in the year Games Period Shall have the same meaning as ascribed to such term in Clause 6.1 hereof. Letter of Intent Shall have the same meaning as ascribed to such term in Clause hereof. Letter of Invitation Letter issued by DDA to all the Pre-qualified Parties inviting Proposals as per the terms and conditions laid down in this RFP document. Minimum Technical Project Shall have the same meaning as ascribed to such term in Clause hereof. Requirements Mock Unit Monitoring Committee Organization Organizing Committee Pre-qualified Party Project Project Shall have the same meaning as ascribed to such term in Clause hereof. Shall have the same meaning as ascribed to such term in Clause 2.43 hereof. A company registered under the Companies Act, 1956, or with respect to a company incorporated outside India a Company which if incorporated in India would be a company as defined by the Companies Act, The body entrusted with the task of management of the Commonwealth Games, Party short-listed by DDA pursuant to the evaluation of their RFQ Application in response to the RFQ document issued by DDA under the Project for participation in the bidding process commencing from the issuance of this RFP document. Complete construction and development of the ready-to-use Residential Facility at the Project Site under a public private partnership model wherein the Project Developer pays an upfront bid amount to DDA and DDA transfers the land underneath the 50% of the developed Residential Apartments for onward transfer to the individual buyers by the Project Developer. Shall have the same meaning as ascribed to such term in Clause hereof. 4

6 Completion Date Project Developer Project Development Agreement Project Milestones Project Site Proposal Reserve Price Residential Apartments Residential Facility Residents Welfare Association Unit The successful Bidder selected by DDA for implementing the Project pursuant to the 2-stage bidding process. The principle contract between DDA and the successful Bidder, a copy of which is provided in Annex 10 of this RFP document. Shall have the same meaning as ascribed to such term in Clause 4.4 hereof. Shall have the same meaning as ascribed to such term in Clause 4.1 hereof. Technical proposal and Financial bid submitted by the pre-qualified bidders in response to this RFP document. Minimum amount of financial bid which the Project Developer shall submit All types of Units as per specifications given under Annex 2 and includes all associated facilities/ amenities with the Unit, like parking, kitchen garden. It further includes rights to use the Common Facilities. All Units, building blocks and Common Facilities at the Project Site. Shall have the same meaning as ascribed to such term in Clause 4.8 hereof. Shall have the same meaning as ascribed to such term in Annex 2, Section B hereof. 5

7 REQUEST FOR PROPOSAL Delhi Development Authority Residential Facility 1. The Delhi Development Authority ( DDA ) invites Proposals from the Pre-qualified Parties interested in implementing the Project. 2. The scope of work involved in implementing the Project, inter-alia, includes complete construction and development of the ready-to-use Residential Facility on the Project Site under a Public Private Partnership model wherein both DDA and the successful Bidder (the Project Developer ) have the following roles and responsibilities to fulfil. The Project Developer would be liable to pay to DDA an upfront bid amount. DDA will transfer the land underneath the 50% of the developed Residential Apartments to the Project Developer for onward transfer to the individual buyers by the Project Developer, in accordance with the terms, conditions and covenants in this RFP document, the Project Development Agreement and the Conveyance Deed provided by DDA. 3. The RFP document is available on the DDA website ( for the Prequalified Parties to download, as per schedule specified under the Schedule for the RFP Process specified in Section I, Clause This RFP document contains information about the Proposal requirements and Project Developer selection process. All Proposal submissions would be evaluated in terms of financial and technical capability of the Bidders. 5. All Pre-qualified Parties participating in the bidding process pursuant to and in accordance with the terms of the RFP shall hereinafter be referred to as Bidders. 6. The principle contract between DDA and the Project Developer will be the Project Development Agreement, a copy of which is provided in Annex 10 of this RFP document. 7. DDA shall not be responsible for any delay in receiving the Proposals and reserves the right to accept/ reject any or all Proposals without assigning any reason thereof. 8. The Proposal submission must clearly state Proposal for Residential Project All copies of every Proposal must be submitted in a hard bound form (loose form, spiral bound etc. will be not accepted) with all pages numbered serially, along with an index of submissions. Bidders are required to submit all details in the manner and form as specified in this RFP document. In the event any of the instructions mentioned herein have not been adhered to, DDA reserves the right to reject the Proposal. An indicative check-list of documents to be submitted with the Proposal is given in Section II, Clause Proposal submissions must be received as per schedule specified under the Schedule for the RFP Process specified in Section I, Clause 1.3, in the manner specified in the RFP document. 6

8 SECTION I INTRODUCTION 1.1 Project Background DDA, the first development authority in India was constituted in 1957 under the provisions of the Delhi Development Act, 1957 to promote and secure the development of Delhi. DDA is an autonomous body under the Ministry of Urban Development, Government of India DDA has been assigned the role of development of the Village (as defined hereinafter) for the Commonwealth Games, A plot of land, under DDA s ownership and possession, along the east bank of the River Yamuna in Delhi has been earmarked for the purpose of development of the (the Village ). The aforementioned plot is off National Highway 24, adjacent to the Akshardham temple at NOIDA crossing, as described in greater detail in Annex The planned area allocation for the Village is as follows: a. Project Site for Residential Facility (approx. 11 hectares); b. Approximate area of 5.5 hectares for Hotels use; c. Land for Public / Semi-Public use (approx. 21 hectares); d. Balance land for Green buffer/ Recreational use DDA s objective towards the satisfactory fulfilment of its role as an implementation agency for the Village is to develop landmark infrastructure in a timely manner DDA has decided to develop a Residential Facility in the Village through a public private partnership model. This Residential Facility would be used by the Organizing Committee for Commonwealth Games, 2010 for the Games Period, as defined in Section VI, Clause 6.1. The Games are intended to be held during October Therefore, DDA is issuing the Request for Proposal ( RFP ) document, to seek Proposals in the format given in Annex 4-8 from pre-qualified Parties based on which a Project Developer will be selected for implementing the Project. 1.2 Brief outline of the RFP Process Under the Qualification Stage, DDA announced a shortlist of Pre-qualified Parties for the subsequent stage (the Proposal Stage ), who are now invited to submit detailed proposals (the Proposal ) in accordance with the terms of this RFP Each Bidder is allowed to submit only 1 (one) Proposal. In case a Bidder submits more than 1 Proposal on its own or as a member of a Consortium, all the Proposals submitted by the Bidder, or which the Bidder is a member of, shall be rejected The Bidders in the Proposal Stage will be evaluated on the basis of technical and the financial bids, details of which are provided in this RFP document The Bidders are required to provide a Bid Security of Rs.10,00,00,000 (Rupees Ten Crores only) along with their Proposal by way of a crossed demand draft drawn in favor of Delhi Development Authority, payable on any scheduled bank at New Delhi. Other details on Bid Security are provided in Section II, Clause 2.14 of this RFP document. 7

9 1.2.5 The Bidders are expected to examine the Project in further detail, and to carry out such studies as may be required to submit Proposals for the implementation of the Project As part of this RFP document, DDA has provided detailed instructions for Bidders and a Project Development Agreement and other information pertaining/ relevant to the Project as deemed fit by DDA In order to promote consistency among Proposals and minimize potential misunderstandings regarding how Bidders Proposals will be interpreted by DDA, the format in which Bidders will specify the fundamental aspects of their Proposals has been broadly outlined in this Section III of this RFP Proposals will undergo a technical and financial evaluation. On the basis of this technical evaluation process, Financial Proposal of only those Bidders who qualify the technical round will be opened. Bidder with the highest Financial Proposal will be called for negotiations, if required. However, no financial negotiations shall be held. DDA will then issue a Letter of Intent to the successful Bidder. If for any reason, DDA is unable to sign the Project Development Agreement with the successful Bidder, the Bidder with the next highest financial bid may, at the option of DDA, be declared successful, in case he matches the financial bid of the highest financial Bidder The Project Developer will be responsible for topographic survey, design, design verification, financing, procurement, construction, commissioning, operation, and maintenance of the Project facilities at its own risk. The Project Developer shall also obtain necessary finances and clearances and permits from appropriate authorities as might be required for construction, development and operation of the Project in accordance with the laws of India DDA reserves the right not to follow-up this RFP and terminate the entire selection process without any obligation to any of the Pre-qualified Parties/ Bidders. 1.3 Schedule for the RFP Process The indicative schedule is as follows: Activity Date and Time Start of issue of RFP Document April 24, 2007 Deadline for receipt of any request for clarification with regards to the RFP Pre-Bid Conference Venue: Siri Fort Sports Complex, August Kranti Marg, New Delhi Deadline for Proposal submission Venue: Deputy Director (Residential Land), 3 rd Floor, Block C, DDA, Vikas Sadan, INA Market, New Delhi Opening of Proposals received under this RFP Venue: DDA Auction Hall, Vikas Sadan, INA Market, New May 11, 2007 by 1500 hours May 15, 2007 at 1100 hours May 25, 2007 by 1500 hours May 25, 2007 at 1630 hours 8

10 Activity Delhi Schedule of Technical Presentations by Bidders Venue: Siri Fort Sports Complex, August Kranti Marg, New Delhi Residential Project Date and Time May 26, 2007 to May 27, 2007 from 1100 to 1800 hours Notification of Technically Qualified Bidders June 1, 2007 Deadline for submission of Earnest Money Deposit June 8, 2007 by 1500 Opening of Financial Bid Venue: DDA Auction Hall, Vikas Sadan, INA Market, New Delhi hours June 8, 2007 at 1530 hours Issue of Letter of Intent to selected Project Developer June 11, 2007 Deadline for balance payment, equivalent to 75% of the quoted Upfront Amount July 12, 2007 by 1500 hours Deadline for submission of Performance Security July 12, 2007 by 1500 hours Signing of Project Development Agreement July 14, 2007 at 1600 hours 9

11 SECTION II INSTRUCTIONS TO BIDDERS A. General Rules 2.1 Project Roles and Responsibilities Notwithstanding anything contained in this document, following are the roles and responsibilities of both the parties, DDA and the Project Developer in addition to the roles and responsibilities mentioned elsewhere in this document: a. Project Developer s Roles and Responsibilities The Project Developer shall pay an Upfront Payment to DDA as quoted by him in his Financial Proposal. i. The payment shall be divided in the following 3(three) components: Bid Security as specified in Section II, Clause 2.14 shall be required to be paid by the Project Developer along with his Technical Proposal. Earnest Money Deposit, equivalent to 25% of the quoted Upfront Amount (after adjusting the Bid Security) shall be paid, by the technically qualified parties as per Clause 3.1.2, within the timelines mentioned in Section I, Clause 1.3. Balance payment, equivalent of 75% of the quoted Upfront Amount shall be paid by the Project Developer before the date mentioned in Section I, Clause 1.3. Considering this Project being of national importance, no application for extension of this deadline shall be entertained. Payment of this 75% amount shall be a condition precedent to the signing of the Project Development Agreement. In case of failure of the Project Developer to pay this amount, the Bid Security as well as the Earnest Money Deposit will be forfeited by DDA and DDA shall have the right to proceed for this Project with the next highest financial Bidder. ii. All the payments shall be made by way of a crossed demand draft which should be drawn in favor of Delhi Development Authority, payable on any scheduled bank at New Delhi. iii. The Reserve Price for the Upfront Bid Amount is Rs.300,00,00,000/- (Rupees Three Hundred Crores Only). b. DDA s Roles and Responsibilities After the complete development of the Residential Facility by the Project Developer to the satisfaction of DDA and after obtaining completion certificate, DDA shall transfer the land underneath the 50% of the developed Residential Apartments (i.e. 50% of the dwelling units only excluding all other facilities, for eg. commercial, institutional) to be identified for transfer to the Project Developer, for onward transfer to the individual buyers by the Project Developer in accordance with the terms, conditions and covenants contained in this RFP document, the Project Development Agreement and the Conveyance Deed, to be executed by DDA after completion of the Project and post the Games Period. The entire Project Site except the land under 50% of the Residential Apartments, as stated above, will remain vested in DDA free from all encumbrances who may deal with it as it deems fit, without any claim of compensation, cost or expenses of any type from the Project Developer. The Residential Apartments to be made available to the Project Developer by DDA shall be decided in per the following manner: i. Developer shall prepare a mock Unit and get it approved by DDA and Monitoring Committee and finalise the specifications to be used in all the Residential Apartments 10

12 ii. DDA shall allocate the Project Developer s 50% share of the Residential Apartments on the basis of lottery drawn by the Monitoring Committee in the presence of representatives of DDA and the Project Developer within 9 months from the date of signing of Project Development Agreement, subject to the achievement of all the Project Milestones in this period. The lottery shall be drawn on the basis of two equal parts of the Residential Apartments, including the Units, underground as well as surface parking (net of common parking for visitors as per Clause ), kitchen garden etc., as provided by the Project Developer. 2.2 Eligible Bidders Bidders shall, as part of their Technical Proposal, provide updated information in respect of any information submitted with the Qualification Statement, which has changed, and which should continue to meet the Qualification Criteria set out in the RFQ Document Bidders shall provide such evidence of their continued eligibility as per the terms of the RFQ Document to the satisfaction of DDA Bidders may note that all Pre-qualified Parties who were Consortiums would be expected to duly incorporate themselves into a company under the Companies Act, 1956 in terms of the MoU entered into between the members of the Consortium. No Pre-qualified Party which was a Consortium shall be allowed to participate in the bidding process till such time that they incorporate themselves into a duly incorporated company under the Companies Act, Disqualification Even if a Bidder meets the above criteria, DDA may order disqualification of the Bidder if the Bidder or, in case of a Consortium Bidder, any member(s) of the Consortium has: i. Made misleading or false representations in the forms, statements and attachments submitted; or ii. The Bidder has been blacklisted by any government agency after the submission of RFQ document 2.4 Change in Management / Bidder composition Subject to Clause 2.4.2, no change in the composition of a Bidder will be permitted by DDA during the Proposal Stage The change in the Consortium members/ management/ shareholding of the Project Developer shall not be allowed without the prior approval in writing of DDA. 2.5 Proposal Preparation Cost The Bidder shall be responsible for all of the costs associated with the preparation of its Proposal and its participation in the Proposal Stage. DDA will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Proposal Stage. 11

13 2.6 Project Inspection and Site Visit It is presumed that each Bidder submits its Proposal after visiting the Project Site and ascertaining for itself the location, surroundings, or any other matter considered relevant by it. The cost of visiting the Project Site shall be borne by the Bidder. DDA shall not be liable for such costs, regardless the outcome of the selection process. 2.7 Right to Accept/ Reject any or all Proposals Notwithstanding anything contained in this RFP, DDA reserves the right to accept or reject any Proposal and to cancel or withdraw the bidding process and reject all Proposals, at any time without any liability or any obligation for such acceptance, rejection or annulment, without assigning any reasons DDA reserves the right to reject any Proposal, if at any time a material misrepresentation is made or uncovered. This would lead to the disqualification of the Proposal. If the Bidder is a Consortium, then the entire Consortium would be disqualified/ rejected Giving, offering or promising to give any gift, bribe or inducement, directly or indirectly, or any attempt at any such act by, or on behalf of, the Bidder/ Project Developer towards any officer/ employee of DDA or to any other person in a position to influence any officer/ employee of DDA for showing any favour in relation to this bidding process or award of the Project or any other similar process / contract, shall render the Bidder to such liability/ penalty as DDA may deem proper, including but not limited to disqualification of Bidder, rejection of Proposal, termination of the Project Development Agreement, imposition of penal damages and forfeiture of the Bid Security/ Performance Security If any disqualification/ rejection or any other event to that effect occurs during the Proposal Stage after the financial bids have been opened and the highest Bidder in terms given in the RFP gets disqualified/ rejected, then DDA reserves the right, and keeping in view the time sensitiveness of the Project, to either a. Invite the next highest Bidder, provided this next highest Bidder matches the price offered by the highest Bidder; or b. Take any measure as may be deemed fit in the sole discretion of DDA including annulment of entire Qualification/ Proposal stage and inviting fresh applications/ Proposals. 2.8 Clarification request from Bidder A Pre-qualified Party requiring any clarification on the RFP document may notify DDA in writing. In case the clarification request is sent by facsimile or , subsequently a hard copy of the clarification should also be submitted. DDA may respond to any request for clarification received up to the last date for receipt of clarifications as mentioned in the Schedule for the RFP Process specified in Section I, Clause 1.3. The responses will be put up on the official website of DDA ( with a description of the enquiry. 2.9 Pre-Bid Conference 12

14 2.9.1 DDA proposes to hold a Pre-Bid Conference on the date specified in the Section I, Clause 1.3 to discuss the issues related to the Project with the Bidders. DDA at its sole discretion may also hold further discussions with the Bidders to finalise the technical/ commercial parameters and other related issues for the Project, before submission of the Proposals, which would be common for all the Bidders Prior to the Pre-Bid Conference, the Bidders may submit a list of queries, comments and propose modifications, if any, to the Project requirements and/or the Project Development Agreement. Bidders must formulate their queries/ proposed modifications/ comments and forward the same to DDA before the Last Date for receiving any request for clarification as specified in Section I, Clause 1.3. DDA may amend the RFP based on inputs, provided by prospective Bidders that may be considered acceptable at its sole discretion DDA, at its discretion, may respond to queries submitted by the Pre-Bid Conference attendees after the date of the Pre-Bid Conference. Such response(s) shall be posted on the DDA website Bidders may note that DDA will not entertain any deviations to the RFP at the time of submission of the Proposal or thereafter. The Proposal to be submitted by the Bidders will be unconditional and unqualified and the Bidders would be deemed to have accepted the terms and conditions of the RFP with all its contents including the Project Development Agreement and other included parts. Any conditional Proposal or any Proposal without the undertaking that the Bidder unconditionally accepts the Project Development Agreement, as per format given in Annex 10, shall be regarded as nonresponsive and would be rejected. Bidders are required to furnish an undertaking to this effect along with the Proposal as per format given in Annex Attendance of Bidders at the Pre-Bid Conference is not mandatory No interpretation, revision, or other communication from DDA regarding this RFP is valid unless it is posted by DDA on its official website Amendment of RFP At any time prior to the deadline for submission of Proposal, DDA may, for any reason, whether at its own initiative or in response to clarifications requested by a Prequalified Party, modify the RFP document by the issuance of Corrigendum/ addenda (the Addenda or Addendum as the case may be). Any Corrigendum /Addendum thus issued will be put up on the DDA website ( In order to afford the Bidders a reasonable time in which to take an Corrigendum/ Addendum into account, or for any other reason, DDA may, at its discretion, extend the due date for submitting the Proposal as provided below, in Clause 2.20 (the Proposal Due Date ). B. Preparation and Submission of Proposal 2.11 Technical Proposal and Financial Bid The Proposal shall consist of two parts: i. Technical Proposal (T-I and T-II) ii. Financial Bid Documents comprising the Technical Proposal 13

15 The Technical Proposal of the Bidder shall be submitted in two parts namely T-I and T- II. The part 1 (T-I) shall contain the documents required for the test of responsiveness and general information of the Bidder. The following documents shall constitute T-I: a. Copy of Letter of Invitation b. Duly completed and signed Annex 5 Section A and Annex 6 c. In case of Consortiums where the Consortium is incorporated after submission of RFQ application, following documents: i. Certificate of Incorporation ii. Certificate of Commencement of Business iii. Memorandum and Articles of Association iv. Shareholders agreement d. Duly completed and signed Annex 4 or board resolution authorizing the person signing the Proposal to sign on behalf of the Individual Bidder or all the Consortium members as the case may be i. In case of individual Bidder, by the Board of Directors of the Bidder and ii.in case of Consortium Bidder, by the Board of Directors of all the Consortium members e. An initialled copy of the Project Development Agreement f. Duly completed and signed Annex 8 as an undertaking for unconditional acceptance of this RFP and the Project Development Agreement as per Annex 10 g. A draft of Rs.10,00,00,000 (Rupees Ten Crores Only) as Bid Security as per Section II, Clause 2.14 Part T-II shall comprise the documents forming the technical Proposal of the Bidder and shall consist of the following documents/ details, as mentioned in Annex 5, Proposal Response Sheet No.1; i. Conceptual Design, including a. Broad Project Development Plan b. Detailed Activity Chart with proposed Milestones c. Environment Compliance Plan d. Area Management Plan e. Indicative Unit Drawings ii. Quality Management Plan, including a. PERT chart b. Corporate Quality Policy Document c. Outline Quality Plan d. Quality, technical specifications and type of materials to be used iii. Project Control System including Work Breakdown Structure iv. Project Team, including a. Architect, including Landscape Architect b. Technical Consultant c. Structural Consultants/ Proof Checking Consultants d. Services Engineer e. Electrical/ Mechanical/ HVAC Consultants f. Plumbing Consultants g. Project Manager v. Enhancements to the Minimum Technical Project Requirements Documents comprising the Financial Bid 14

16 The Financial Bid of the Bidder shall comprise the document as mentioned in Annex 5, Proposal Response Sheet No Language The Proposal and all related correspondence and documents relating to the Proposal exchanged by the Bidder and DDA, shall be written in the English language. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate English translation. Any material that is submitted in a language other then English and which is not accompanied by an accurate English translation will not be considered Currency The currency for the purpose of the Proposal, including Bid Security/ Performance Security, shall be the Indian Rupee (INR) Bid Security Proposals would need to be accompanied by a Bank Draft of Rs.10,00,00,000/- (Rupees Ten Crores Only) to be deposited as Bid Security. The crossed demand draft should be drawn in favor of Delhi Development Authority, payable on any scheduled bank at New Delhi The Bid Security of the technically disqualified bidders shall be returned within fifteen (15) days of announcing the list of technically qualified Bidders. For any delay beyond the aforementioned period of fifteen (15) days, DDA would be liable to pay interest at the rate of seven percent (7%) per annum DDA will promptly release all Bid Securities in the event DDA decides to terminate the Bidding proceedings or abandon the Project within seven (7) days of such notification. For any delay beyond the aforementioned period of seven (7) days, DDA shall be liable to pay interest at the rate of seven percent (7%) per annum DDA shall reject any Proposal, which does not include the Bid Security The Bid Security shall be forfeited in the following cases: If the Bidder withdraws its Proposal during the interval between the Proposal Due Date and expiration of the Proposal Validity Period; or In case, the technically qualified Bidder fails to provide the Earnest Money Deposit in accordance with Clause 2.32 within the stipulated time; or If the highest financial Bidder fails to sign the Project Development Agreement within the stipulated time; or As per the provisions of the Project Development Agreement Validity of Proposal Proposals shall be valid for a period of 6 months from the Proposal Due Date (the Proposal Validity Period ). DDA reserves the right to reject any Proposal, which does not meet this requirement. 15

17 2.16 Extension of Validity of Proposal In exceptional circumstances, prior to the expiry of the original Proposal Validity Period, DDA may request Bidders to extend the Proposal Validity Period for a specified additional period Format and Signing of Proposal The Bidder should provide all the information as per this RFP. DDA would evaluate only those Proposals that are received in the required format and are complete in all respect. The Bidder shall prepare one original of the Proposal (including all the documents as required under this RFP) and clearly marked ORIGINAL. In addition, the Bidder shall make 1 (one) copy of the Proposal, clearly marked COPY. In the event of any discrepancy between the original and the copy, the original shall prevail. The Proposal and its copy shall be typed or written in indelible ink and each page shall be initialled by the Bidder. All the alterations, omissions, additions, or any other amendments made to the Proposal shall be initialled by the person(s) signing the Proposal All annexes to be submitted as part of the Proposal shall be signed by the person authorized for signing the Proposal Power of Attorney or board resolution by the Board of Directors in case of an Individual Bidder, and from Board of Directors of all Consortium members in case of a Consortium Bidder, would be required to be furnished authorizing the person signing the Proposal to sign on behalf of the Individual Bidder or all the Consortium members as the case may be Sealing and Marking of Proposal The Bidder shall seal the original and copy of the Proposal in separate envelopes, duly marking the envelopes as ORIGINAL and COPY. The envelopes shall then be sealed in an outer envelope The outer envelope shall contain: a. Covering letter stating clearly the validity period of the Proposal as per the format enclosed in Annex 4; b. Copy of Letter of Invitation c. A draft of Rs.10,00,00,000 (Rupees Ten Crores Only) as Bid Security in accordance with Section II, Clause 2.14 d. Four envelopes clearly bearing the following identification: 1. Technical Proposal: Residential Project - Commonwealth Games, 2010 Village - Original 2. Technical Proposal: Residential Project - Commonwealth Games, 2010 Village Copy 3. Financial Proposal: Residential Project - Commonwealth Games, 2010 Village Original 4. Financial Proposal: Residential Project - Commonwealth Games, 2010 Village Copy 16

18 The outer envelope shall be addressed to: Deputy Director (Residential Land) 3 rd Floor, Block C Delhi Development Authority INA Market, Vikas Sadan New Delhi India If the envelope is not sealed and marked as instructed above, DDA assumes no responsibility for the misplacement or premature opening of the contents of the Proposal submitted All copies of the Proposal must be submitted in a hard bound form (loose form, spiral bound etc. will be not be accepted) with all pages numbered serially, along with an index of submissions. Bidders are required to submit all details as per the formats given in the RFQ document only. In the event, any of the instructions mentioned herein have not been adhered to, DDA may, at its sole discretion, reject the Proposal Bidders Responsibilities It would be deemed that prior to the submission of the Proposal, the Bidder has: Made a complete and careful examination of requirements and other information set forth in this RFP; Received all such relevant information as it has requested from DDA; Made a complete and careful examination of the various aspects of the Project including but not limited to i. The Project Site; ii. Existing facilities and structures; iii. iv. The conditions of the access roads and utilities in the vicinity of the Project Site; Conditions affecting transportation, access, disposal, handling and storage of the materials; v. Clearances obtained by DDA for the Project; and vi. All other matters that might affect the Bidder s performance under the terms of this RFP; Read and unconditionally accepted all terms and conditions of the Project Development Agreement and undertake to sign the same without any modifications, if DDA provides a Letter of Acceptance to the Bidder DDA shall not be liable for any mistake or error or neglect by the Bidder in respect of the above Proposal Due Date Proposals should be submitted as per schedule specified under the Schedule for the RFP Process specified in Section I, Clause 1.3 in the manner and form as detailed in this RFP. Proposals submitted by either , facsimile transmission or telex would not be acceptable. Proposals submitted after the time stated above will be rejected DDA may, in exceptional circumstances, and at its sole discretion, extend the Proposal Due Date by issuing an Addendum in accordance with Clause

19 2.21 Late Proposals DDA will not accept any Proposal received after the Proposal Due Date and stipulated time mentioned in Clause Modifications/ Substitution/ Withdrawal of Proposals The Bidder may modify, substitute, or withdraw its Proposal after submission, provided that written notice of the modification, substitution, or withdrawal is received by DDA by the Proposal Due Date. No Proposal shall be modified, substituted, or withdrawn by the Bidder in any manner whatsoever after the Proposal Due Date The modification, substitution, or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clause 2.17 and 2.18, with the envelopes being additionally marked MODIFICATION, SUBSTITUTION or WITHDRAWAL, as appropriate. C. Proposal Evaluation Process 2.23 DDA would open the Proposals as per Schedule for the RFP Process specified in Section I, Clause 1.3 for the purpose of evaluation. The Bidders present at the time and venue mentioned will be provided with the information of list of Bidders for the RFP process Proposals for which an acceptable notice of withdrawal has been submitted in accordance with Clause 2.22 shall not be opened DDA would subsequently examine and evaluate Proposals in accordance with the criteria set out in Section III DDA reserves the right to reject any Proposal if: a. At any time, a material misrepresentation is made or uncovered; or b. The Bidder does not respond promptly and thoroughly to requests for supplemental information required for the evaluation of the Proposal. If any doubt arises regarding interpretation of any clause of this RFP document, the decision of the Vice Chairman, DDA will be final Bid Variable The bid variable for the purpose of evaluation of the financial bids shall the amount quoted by the Bidders as the Upfront Payment to be paid by the Bidder to DDA Tests of responsiveness Prior to evaluation of Proposals, DDA will determine whether each Proposal is responsive to the requirements of the RFP document. A Proposal shall be considered responsive if the Proposal: a. Is received by the Proposal Due Date including any extension thereof pursuant to Clauses 2.10 and 2.20 b. Is signed, sealed and marked as stipulated in Clauses 2.17 and

20 c. Is accompanied by the documents specified in Section II, Clause d. Mentions the validity period as set out in Clause 2.15 e. Contains all the information as requested in this RFP DDA reserves the right to reject any Proposal which is considered by DDA to be nonresponsive and no request for alteration, modification, substitution or withdrawal may be entertained by DDA in respect of such Proposals Clarifications request to Bidder To facilitate evaluation of Proposals, DDA may, at its sole discretion, seek clarifications in writing from any Bidder regarding its Proposal. In the event response to such request for clarification is not received from the Bidder within 3 (three) Working Days of such request having been sent by DDA, the judgement of DDA as to interpretation of the Proposal would prevail. D. Short listing, Notification and signing of the Project Development Agreement 2.30 After the evaluation of Proposals, DDA would announce the successful Bidder for the Project who then will be issued a Letter of Intent. The name of the successful Bidder will be available on the website of DDA ( The Project Developer shall then enter into a Project Development Agreement with DDA in the form and manner to be set out in this RFP document, as per the timelines mentioned in Section I, Clause 1.3, subject to fulfilment of conditions precedent set out in this RFP Document Earnest Money Deposit Technically Qualified Bidders shall submit Earnest Money Deposit through a crossed demand draft in favour of DDA to DDA equivalent to 25% of the quoted Upfront Bid Amount, after adjusting the Bid Security amount, as per the timelines mentioned in Section I, Clause Earnest Money Deposit of the highest financial Bidder and the next highest financial Bidder shall be retained and for all other Bidders shall be returned within fifteen (15) days of announcement of selected Bidder. Earnest Money Deposit of the next highest financial Bidder shall be returned within fifteen (15) days of signing of the Project Development Agreement. For any delay beyond the aforementioned periods, DDA would be liable to pay interest at the rate of seven percent (7%) per annum to the Bidders The Earnest Money shall be forfeited in case if the: Bidder withdraws its Proposal during the interval between the date of announcement of technically qualified bidders and expiration of the Proposal Validity Period; Selected Bidder, within the deadlines mentioned in Section I, Clause 1.3, Fails to pay the balance Upfront Amount (75%) as required under the terms and conditions of RFP Does not sign the Project Development Agreement within the time stipulated in Section I, Clause

21 Fails to furnish the required Performance Security as per Para E of section II within the time stipulated in Section I, Clause 1.3. E. Performance Security 2.33 The Project Developer shall submit a Performance Security by way of a Bank Guarantee for Rs.500,00,00,000/- (Rupees Five Hundred Crores only) in accordance with the provisions of the Project Development Agreement before the deadline mentioned in Section I, Clause 1.3 as a condition precedent to signing of the same. (a) The said Performance Security shall be submitted in the form of a Bank Guarantee (as per format enclosed with RFP in Annex 7) from a scheduled commercial bank in India and as acceptable to DDA. The Project Developer may provide multiple bank guarantees totalling to Rs.500,00,00,000 (Rupees Five Hundred Crores Only). (b) The Performance Security shall be a. Returned as per following schedule: i. In case the Project Developer meets the first four (4) Project Milestones as mentioned in Annex 3 without any delay to the satisfaction of DDA - Rs.200,00,00,000 (Rupees Two Hundred Crores Only) less any amount of Performance Security encashed till that date ii. On the Project Completion Date - Rs.283,00,00,000 (Rupees Two Hundred and Eighty Three Crores Only) less any amount of Performance Security encashed till that date and not adjusted earlier iii. In case the Project Developer fulfils its obligation mentioned under Clause Rs.2,00,00,000 (Rupees Two Crores Only) iv. In case the Project Developer fulfils its obligations mentioned under Section J below, on completion of Defects Liability Period Rs.5,00,00,000 (Rupees Five Crores Only) as per Clause 2.41a and Rs.5,00,00,000 (Rupees Five Crores Only) as per Clause 2.41b v. In case the Project Developer fulfils its obligations mentioned under Clause 4.8.6, on transfer of the requisite facilities to the concerned statutory body - Rs.5,00,00,000 (Rupees Five Crores Only) b. Invoked as per following i. In case the Project Developer fails to sign the Project Development Agreement within the time period stipulated in this RFP Document. ii. In case the Project Developer is unable to deposit the liquidated damages for delay in achieving any Project Milestone the said Performance Security shall be forfeited for an amount as computed under Clause iii. In case of default by the Project Developer in meeting its obligations mentioned under Clause Rs.2,00,00,000 (Rupees Two Crores Only) iv. In case of default by the Project Developer in meeting the defects liability obligations mentioned under Section J below Rs.5,00,00,000 (Rupees Five Crores Only) as per Clause 2.41a and Rs.5,00,00,000 (Rupees Five Crores Only) as per Clause 2.41b. v. In case of default by the Project Developer in fulfilling its obligations mentioned under Clause Rs.5,00,00,000 (Rupees Five Crores Only). vi. In case of Termination of the Project Development Agreement 20

22 vii. In case of any other default by the Project Developer as per the terms of the Project Development Agreement. c. Valid for a period indicated in Annex 7 F. Condition Precedent to signing of Project Development Agreement 2.34 The Project Developer shall be required to fulfil certain requirements (Conditions Precedent), as mentioned below, before the Project Development Agreement is signed with DDA. i. The Project Developer shall have paid the complete upfront payment to DDA as per Clause 2.1(a) of Section II ii. The Project Developer shall have submitted Performance Security as per Para E of Section II. G. Project Development Agreement Assignment and Charges 2.35 Without prior consent in writing of DDA, which DDA shall be entitled to decline without assigning any reason whatsoever, the Project Developer shall - Not assign the Project Development Agreement - Neither create nor permit to subsist any encumbrance over or otherwise transfer or dispose-off all or any of its rights and benefits under the Project Development Agreement However, the restraint under Clause 2.35 shall not apply to Liens or encumbrances required/ arising by operation of any Applicable Law in the ordinary course of business of the Project. H. Sub-Contracting 2.37 In case of any sub-contracting by the Project Developer, the Project Developer is liable to notify and provide a copy of the same to DDA in writing latest within 7 days of such sub-contracting. In case DDA has any objection to such sub-contracting, DDA shall intimate the Project Developer within 7 days of such notification. The Project Developer then needs to give effect to DDA s objections, which may include change of subcontractor, modification of terms and conditions of sub-contracting etc, within 30 days of such intimation. I. Quality Assurance and Quality Control 2.38 The Bidders shall submit their corporate quality policy document duly signed by the corporate head or any other authorized person and an outline quality plan in accordance with Clause , illustrating the intended means of compliance with special specifications for the work including Project quality requirements and setting out in summary form an adequate basis for the development of the more detailed document. The outline quality plan shall contain sufficient information to demonstrate clearly the proposed method of achieving the Bidder s quality objectives with regard to the requirements of the Project Development Agreement and shall, as a minimum, address the quality system elements as required by ISO Quality Management Systems - Requirements Third Party Independent Quality Assurance 21

23 The quality of the Project shall be monitored by a third party appointed by DDA for the purpose. DDA shall appoint such a third party within 3 months of signing of the Project Development Agreement. The Project Developer shall comply with the suggestions and/or instructions of the third party in this regard. A failure to comply with the suggestions and/or instructions of the said third party shall constitute Project Developer Event of Default. J. Defects Liability Period 2.40 The Defects Liability Period shall, in regard to a. water-proofing/ wet-areas defects be 1 year and b. other defects be 6 months, after the completion of the Games Period The Project Developer shall, at his own risk and cost, make good, any defects and/ or complete left over work as required by the Monitoring Committee during the Defects Liability Period In the event the Project Developer is unable to remedy the defect within the timelines specified by the Monitoring Committee, penalty computed as per Annex 3, Section B for each day of delay shall be levied by DDA. The Project Developer shall deposit this amount of penalty within 7 days from the date of notification by DDA of such default, failing which DDA has the right to invoke the Performance Security to the extent of the penalty. K. Monitoring Committee 2.43 Monitoring Committee shall consist of 1 (one) representative each appointed by DDA and the Project Developer and an Independent Engineer, who would be any person or agency appointed mutually by the representatives of DDA and the Project Developer in the Monitoring Committee for the purposes mentioned in this RFP and the Project Development Agreement Progress review meetings shall be held from time to time and at such venue as may be decided by the Monitoring Committee. The Progress Reports, as submitted in accordance with Clause 4.4.2, and other matters needing clarifications/decisions will be discussed during these meetings. The Monitoring Committee shall record the minutes of these meetings, which shall be accepted and signed by authorized representatives of the Project Developer The Monitoring Committee may assign its right of providing approval/ rejecting on various matters after review of respective submissions by the Project Developer, to an agency nominated by the Monitoring Committee for that purpose The expenses for appointment and monitoring by the Monitoring Committee shall be borne by the individual parties for their representatives (i.e. DDA shall bear the expenses for its representative and the Project Developer shall bear the expenses for its representative). All expenses related to the appointment and monitoring by the Independent Engineer and all other common expenses incurred by the Monitoring Committee shall be shared equally between DDA and the Project Developer. L. Disputes 22

24 2.47 If a dispute of any kind whatsoever arises between DDA and the Project Developer in connection with or arising out of the RFP/ Project Development Agreement or the execution of the Project, whether during the execution of the Project or after its completion and whether before or after repudiation or termination of the Project Development Agreement, including any dispute as to any decision, opinion, consent, expression of satisfaction, approval, determination of value, action or instruction of DDA, the matter in dispute shall be referred in writing to the Vice Chairman, DDA. Not later than 28 days after the day on which it received such reference, the Vice Chairman of DDA shall give notice of its decision of the same to the Project Developer. Such decision shall state that it is made pursuant to this Clause or the relevant clause of the Project Development Agreement and the decision of the Vice Chairman shall be final Sufficiency of Information The Project Developer shall be deemed to have satisfied itself of the correctness and sufficiency of all the material and all its obligations under the Project Development Agreement, including dealing with the concerned authorities not limited to OC, Police Authorities, MCD, Delhi Jal Board, Electric supplying agency concerned, Delhi Fire Services, DUAC, the environmental agencies of the State and Central Government, Authority and its authorized officers who are duly authorized to give approval on behalf of DDA at its own cost and expense, as well as all the contingencies and all matters and things necessary for the proper execution and completion of the Project and the remedying of any defects therein, before submitting the tender. The Project Developer has agreed and understood that no request for change in the terms and conditions of the Project Development Agreement shall be entertained at any stage on any ground whatsoever Project Control System The Bidders shall provide an integrated control system (including a program of work, man, material and finances) in accordance with its responsibilities by preparing a coordinated sequence for getting necessary approvals, clearances etc. from the different authorities and regarding commencement of work, with his Technical Proposal. This proposed Project Control System shall in all cases adhere to the overall Project Milestones as specified in Annex 3. This system shall (after approval of DDA) form part of the Project Development Agreement and shall be treated as a baseline, to monitor and determine delays in the individual activities, Project Milestones or the overall duration of the works Employment of Officers/ Retired Officers of DDA The Project Developer, either at Proposal stage or during the development stage shall not employ or attempt to employ any staff from current or past employees including retired employees of DDA in any capacity unless such employee has completed at least two years post retirement/ resignation or had obtained a No Objection Certificate specific to this effect from DDA. M. Insurance 2.51 The Project Developer shall at its own cost and expenses, take out and maintain, the following insurance: Within 30days of signing the Project Development Agreement, for a period commencing from immediate effect and ending on the Project Completion Date 23

25 a. Professional Indemnity Insurance for Construction Design (Rs.10,00,00,000) b. Professional Indemnity Insurance for Construction Supervisors (Rs.2,00,00,000) c. Employer s Liability Insurance (Rs.1,00,000 per person) d. Construction Performance Bond (5% of the amount of the works contract awarded by the Project Developer) e. Freight Transportation Insurance (110% of the purchase price of insured goods) f. Completion Delay Insurance (under Freight Transportation Insurance) g. All-risk Insurance for Construction and Installation Projects (Value of construction contract) h. Completion Delay Insurance (under All-risk Insurance for Construction and Installation Project) i. Third-party Liability Insurance (Rs.5,00,00,000) j. Construction Machinery and Equipment Insurance (115% of replacement value of construction machinery and equipment) k. Other customary and reasonable insurances Within 30days of the Project Completion Date, for a period commencing from the Project Completion Date and ending on March 31, 2011 a. All Risks Property Insurance b. Equipment Failure and Damage Insurance c. Third-Party Liability Insurance (Rs.5,00,00,000) d. Employer s Liability Insurance (Rs.1,00,000 per person) e. Other customary and reasonable insurances The amounts given in brackets are the minimum amount of Indemnity for the respective policies The Project Developer shall ensure that each policy taken out under the Project Development Agreement shall be through such Insurers/ Underwriters as approved by the Insurance Regulatory and Development Authority specific to that purpose The Project Developer shall submit a Certificate of Insurance/ Policy Modification to DDA within 5days of the Insurers/ Underwriters placement/ renewal/ policy modification, evidencing the policies and endorsements Failure by the Project Developer to obtain the insurance coverage shall not reduce or otherwise affect the Project Developer s obligations in respect of this RFP The Project Developer shall notify, accompanying full details to DDA of the incident giving rise to the claim, within 3 days upon receipt of any claim in excess of Rs.1,00,00,000 (Rupees One Crore Only) in respect of any insurance policies referred above. 24

26 SECTION III EVALUATION OF PROPOSALS 3.1 Evaluation Parameters The Bidder s Proposal will be evaluated in the following areas: A. Technical competence and capability; B. Financial bid With respect to the Technical competence and capability, DDA will undertake an evaluation internally based on specific parameters, as mentioned in the table below. An overall score will be given to each Bidder and Bidders securing a minimum score (70%) as assessed by DDA, will be declared technically qualified. Sl. No. Parameters Marks A (i) Conceptual Design, including 25 a. Broad Project Development Plan b. Detailed Activity Chart with proposed Milestones c. Environment Compliance Plan d. Area Management Plan e. Indicative Unit Drawings A (ii) Quality Management Plan, including 20 a. PERT chart b. Corporate Quality Policy Document c. Outline Quality Plan d. Brand of material and specifications proposed to be used e. Quality, technical specifications and type of materials to be used A (iii) Project Control System including Work Breakdown 20 Structure A (iv) Project Team, including a. Architect, including Landscape Architect b. Technical Consultant c. Structural Consultants/ Proof Checking Consultants d. Services Engineer e. Electrical/ Mechanical/ HVAC Consultants f. Plumbing Consultants g. Project Manager 25 A (v) Enhancements to the Minimum Technical Project 10 Requirements Note The above marks shall be based on the Proposal as well a presentation on the Proposal as requested by DDA Financial Proposals of only those Bidders will be opened, who have been declared technically qualified by DDA as mentioned above. The Bidder with the highest Financial Proposal will be called for negotiations, if required, and will be selected as the Project Developer. No financial negotiations shall be held. 3.2 Format of Submission For the purposes of evaluation of Proposals on the above parameters, Bidders are strictly instructed to submit the information as per format given in this RFP only. 25

27 3.3 Evaluation Terms and Conditions In case it is found after opening the financial bids that the financial bid quoted by two or more Bidders is the same, then such Bidders shall submit an upwardly revised financial bid within 2 Working Days of intimation by DDA Once the evaluation is completed and a Project Developer is selected, any change in the variables, which form the basis of the Bidders financial bid will not affect the Project Development terms except as provided in the Project Development Agreement The selected Bidder would be notified in writing by DDA by issuing the Letter of Intent in favour of the Bidder. 26

28 SECTION IV DESCRIPTION OF RESIDENTIAL PROJECT 4.1 Project Site The Project Site is adjacent to the Akshardham Temple. An area of 11 hectares has been earmarked as Residential site in the Village ( Project Site ) to be used for accommodating the Commonwealth Games, 2010 participants, which has been set out in greater detail in Annex 1 of the RFQ Document. The Project Site shall be utilized by the Project Developer only for the purpose of constructing and developing Residential Facility prior to the start of the Commonwealth Games, 2010 to ensure that it can be utilized for the Commonwealth Games, Project Requirements The entire Residential Facility needs to be developed and made available for the Games in accordance with the following Minimum Technical Project Requirements as specified in Annex 2, Section B to H. These requirements are minimum requirements required to be followed by the Project Developer in the development of the Residential Facility. The Project Developer is free to enhance/ provide richer specifications than these Minimum Technical Project Requirements The Bidder shall in his Proposal mention the enhancements that he proposes to the Minimum Technical Project Requirements. The Minimum Technical Project Requirements as enhanced by the Project Developer in his Proposal and once accepted by DDA shall be the Final Technical Project Requirements. The entire Project shall be completed in adherence to these Final Technical Project Requirements The Project Developer shall construct one (1) Mock Unit, finished in all aspects within 120 days of signing the Project Development Agreement. The Mock Unit should be the type of Unit which would be developed in the largest numbers in the Residential Facility. The Mock Unit shall be finished as per the Final Technical Project Requirements. In addition the Project Developer shall provide all furnishings in the Mock Unit as specified in Annex 9, without any additional cost to DDA It is an important requirement of the Games to ensure that all the Units are made with the same specifications. Accordingly, all Units shall have identical specifications as provided in the Final Technical Project Requirements. Further, no changes post the Games Period shall be carried out by the Project Developer, or by any of its related entities or by any of the principle contractors engaged by the Project Developer for the Project, directly or indirectly, only in any part/ entire of the Project Developer s share of Residential Apartments. 4.3 Development Norms and Clearances The Applicant may note that the Project Developer would be responsible for obtaining necessary clearances, approvals and permits from appropriate authorities as might be required to implement the Project Ministry of Environment and Forests (MOEF) has accorded environmental clearance as per the provisions of Environmental Impact Assessment Notification-1994 and its subsequent amendments, subject to strict compliance of the terms and conditions as laid out in Annex II, Section E. The Project Developer will be required to adhere to 27

29 these terms and conditions, and provide all support to DDA in fulfilling all obligations which DDA has towards environmental clearances, failing which it will be the responsibility of the Project Developer to obtain the necessary approvals from the MOEF DDA has also initiated the process for getting Stage-I (initial conceptual) and Stage-II (Project Site specific layout plan and unit designs) clearance(s) from the Delhi Urban Art Commission (DUAC) for the entire Village Area. The same is included as Annex 1. The approval from DUAC on the same shall be obtained by DDA and provided to the Bidders. The Project Developer shall unconditionally adhere to the above for all purposes The Project Developer shall obtain all necessary approvals from Municipal and other local bodies including MCD, DJB, Electric Supply Agencies, Police and Security Agencies, Chief Controller of Explosives, Fire Department, Civil Aviation Department,concerned in accordance to prevailing rules, Building Bye-Laws etc., as the case may be DDA may, at its discretion and on a written request from the Project Developer assist him in getting the necessary approvals. DDA shall provide the Project Developer with all approvals/ disapprovals within 7 Working Days of the Project Developer submitting the application, or information/ clarification sought by DDA DDA for the purpose of providing all the approvals and clearances to the Project Developer may nominate an agency. DDA shall propose a panel of at least 3 names for this purpose to the Project Developer. The Project Developer shall select one agency of its choice out of the above list of names provided by DDA. The Project Developer shall not reject all the agencies panelled by DDA. DDA shall intimate the Project Developer within 7 Working Days of nominating the agency as chosen by the Project Developer The Project Developer shall make the structural design of the Residential Facility based on latest ISI/ BIS Codes with provisions for earthquake resistant measures The Project Developer shall get his structural design proof checked by an external Proof Consultant at his own expense and submit the same for approval to DDA with his detailed design. The Proof Consultant shall carry out the calculations ab-initio and give his structural calculations supporting his proof checking. The Proof Consultant appointed by the Project Developers shall be one of the following agencies or as may be agreed in writing by DDA: Indian Institute of Technology Central Building Research Institute Structural Engineering Research Centre The Project Developer shall construct and complete the Residential Facility and the parking complex/ landscape area simultaneously for DDA s as well as its own share of Residential Apartments. The landscape area should clearly define the soft core and hard core landscape areas. The scope of work in the field of landscape should also include the Project Site planning viz-a-viz the services and aesthetics of the Project Site. The landscape component should include the street furniture, lighting and also landscape engineering or the Project Site, the soft core landscape to identify areas for tree plantation and other ornamental plantation of shrubs, ground covers and flowering species. 28

30 The delay in submission of applications, drawings, construction plans and compliance of the observations shall be the responsibility of the Project Developer, and any delay in grant of approvals by the aforesaid Government bodies shall not relieve the Project Developer of any of its responsibilities under the Project Development Agreement In case the Project Developer violates any of the development norms, including building bye-laws and master plan controls, the Project Developer shall be liable to pay penalty to the concerned government authority/ agency/ DDA as determined under the relevant laws. 4.4 Milestones The Project Developer would need to adhere to the Project Milestones within the timelines as specified in Annex 3, Section A The Project Developer will need to submit monthly Progress Reports to the Monitoring Committee to apprise of the development of the Residential Facility in line with the specifications and said Project Milestones. The Monitoring Committee shall review these reports and verify the actual progress on the Project Site DDA will monitor the progress of the Project vis-à-vis the prescribed Project Milestones as specified in Annex 3, Section A as per the Progress Reports submitted by the Project Developer and certified by the Monitoring Committee In case the Project Developer is unable to achieve the Project Milestones within the stipulated time, the Project Developer will be required to pay liquidated damages as provided in Annex 3, Section B. These liquidated damages shall be cumulative for each day of delay in each Project Milestone. The Project Developer shall deposit the liquidated damages within 7 days from the date of notification by DDA of such delay, failing which DDA shall encash the Performance Security for the amount of liquidated damages. In case the Project Developer is able to achieve any of the subsequent Project Milestones within the time period as stipulated in Annex 3, Section A, DDA shall refund the amount of liquidated damages paid by the Project Developer for the delay in achieving any prior Project Milestone In the event, the periodical compliance report of the Project Developer and/ or Monitoring Committee and/ or progress of the Project as determined by DDA indicates delay of 3 months or more in achieving any Project Milestone, DDA shall have the following recourse: a. Levy liquidated damages as per Clause b. Complete the Project with assets on site and recover all costs from the Project Developer; and/ or c. Invoke the Performance Security; and/ or d. Terminate the Project Development Agreement and complete the Project on its own in any manner it may deem fit Upon Termination of the Project Development Agreement, DDA shall have the power and authority to: a. enter upon and take possession and control of the Project ; and b. prohibit Developer and any person claiming through or under Developer from entering upon / dealing with the Project; and 29

31 c. recover the following from the Project Developer i. Cost incurred by DDA to complete the Project ii. Liquidated damages as per Clause iii. Deposit required for Defects Liability Period and deficiency charges as mentioned under Clause iv. Any other cost incurred by DDA in relation to the Project 4.5 Completion and Handover The Project Completion Date will be deemed to be the date when all Residential Facility is completely developed in all respects (including landscaping), technically fit to be occupied and ready-to-use/ liveable, with no pending construction, unfinished work, construction equipments, debris, construction material, etc. on the Project Site and certified in writing by DDA The Project Completion Date shall be no later than April 1, Considering the importance of this Project no extension to this date shall be provided by DDA The Project Developer will need to handover the Residential Facility to DDA at the commencement of the Games Period The Project Developer shall provide DDA with all the detailed drawings, designs and layout plans as soon as the same are available in hand and the soft copy (Auto CAD) format. All the drawings, designs and layout plans prepared by the Project Developer will be the property of DDA and the Intellectual Property Rights of the same shall rest with DDA. The Project Developer shall submit to DDA As Built Drawings in hard and the soft copy (on Auto CAD) format within 30 days of the Project Completion Date. 4.6 Incentives to Project Developer In case the Project Developer is able to achieve the Project Completion Date prior to April 1, 2010, DDA shall provide a cash incentive to the Project Developer. The cash incentive shall be calculated at Rs.15,00,000 a day for each day the Project Completion Date is prior to April 1, This cash incentive is restricted to maximum amount of Rs.15,00,00,000 (Rupees Fifteen Crores Only) In case the Project Developer meets the first four (4) Project Milestones as mentioned in Annex 3 without any delay to the satisfaction of DDA, DDA shall refund the Performance Security to the extent of Rs.200,00,00,000 (Rupees Two Hundred Crores Only) less any amount of Performance Security encashed till that date. 4.7 Common Facilities The Project Developer shall also develop Common Facilities for the residents of the Residential Facility The capital costs incurred by the Project Developer for such development shall be completely borne by the Project Developer only. These costs shall not be adjusted against the interest free security deposits received from the owners of the Residential Apartments. 30

32 4.7.3 All the Common Facilities, except the one mentioned under Annex 2, Section A, Clause 11(a) and (f), shall be handed-over by the Project Developer to the Residents Welfare Association post-games. The Residents Welfare Association shall subsequently transfer the requisite facilities to the concerned statutory body in due course of time. Deficiency charges, relating to such transfer, shall be paid by the Project Developer to the concerned statutory body at the time of such transfer. In case of default by the Project Developer, DDA shall have the right to invoke the Performance Security to the extent of Rs.5,00,00,000 (Rupees Five Crores Only) Common Facility mentioned under Annex 2, Section A, Clause 11(a) shall be developed and disposed-off by the Project Developer post-games. The Project Developer shall handover the Common Facility mentioned under Annex 2, Section A, Clause 11(f) back to DDA for appropriate disposal Terms and conditions for sale/ transfer/ usage/ charges like Interest free security deposits, maintenance charges etc for the Common Facilities shall be same for all the owners of the Residential Apartments and also as agreed with DDA. 4.8 Operation and Maintenance The Project Developer shall be responsible for maintenance and related operations of the Residential Apartments, and the Common Facilities as determined solely by DDA, during development and during the Games Period. All operation and maintenance by the Project Developer will be in accordance with the guidelines of DDA which will be established in conjunction with OC. The Project Developer may operate and maintain through its own workforce subject to clearance from the security agencies and the workforce conforming to the requirements of DDA and OC The above mentioned costs of operation and maintenance shall be borne by the Project Developer only. These costs shall not be adjusted against the interest free security deposits received from the owners of the Residential Apartments However, electricity consumption charges levied by BYPL, water consumption charges levied by DJB and fuel expenses for running generators/ DG sets shall be reimbursed on actual basis by DDA The Project Developer at its own cost shall refurbish the Residential Facility once within 15 days prior to the beginning of the Games Period with two or more coats of paint/ distemper/ finish and also again within 15 days after the end of the Games Period with one coat of paint/ distemper/ finish Post-games, the entire developed Residential Facility will be operated and managed by a Residents Welfare Association. However, till DDA s share of Residential Apartments are disposed-off by DDA or the end of 6 months, whichever is earlier, the Project Developer shall bear the cost of operation and maintenance of the whole Residential Facility. 4.9 Residents Welfare Association The Residents Welfare Association shall be a Committee comprising of representatives from the owners of all the Residential Apartments including DDA s share of Residential Apartments. Initially this committee shall comprise of the 31

33 representatives of the Project Developer and DDA until a Residents Welfare Association is formed by the residents of the Residential Apartments by an election process As an initial contribution to the operation and maintenance fund to be kept by the Residents Welfare Association for the purposes of operation and maintenance of the Residential Facility as mentioned in Clause above, the Project Developer shall contribute Rs.2,00,00,000 (Rupees Two Crores Only). In case of default on this payment by the Project Developer, DDA shall have the right to invoke the Performance Security to the extent of Rs.2,00,00,000 (Rupees Two Crores Only). This fund shall form a part of, and be named as, the Residents Welfare Association Corpus. Interest free security deposits from the Residential Apartment owners shall form a part of this Corpus. This Corpus shall be used by the Residents Welfare Association only for postgames day-to-day operation and maintenance costs Parking The Project Developer shall develop minimum parking bays in accordance with the development norms The parking bays should be allocated to DDA s share of Residential Apartments proportionate to the bays for Project Developer s share of Residential Apartments after keeing reserved at least 50 car parks for visitors. The Project Developer shall sell the parking bays associated to the Project Developer s share of Apartments to the Residential Apartment owners only and not to any outside person/ agency. DDA shall also sell the car parks allocated to its share along with the Residential Apartments Use of Sports facilities including Swimming pool in the adjacent site The residents at the Residential Facility will be allowed access to the Sports facilities including Swimming pool planned to be developed by DDA/ OC in the site adjacent to the Residential Facility for the Games. The access shall be through membership of such Sports facilities, which will be available only to the first owner of the Residential Apartment on common terms and conditions, as decided by DDA, provided the application for the same is made within the stipulated time and in the prescribed manner. Only one membership shall be provided to each Residential Apartment under such terms. 32

34 SECTION V. SALE OF RESIDENTIAL APARTMENTS 5.1 The Project Developer will be allowed to identify potential buyers and receive consideration for its share of Residential Apartments before the Games and after Project Developer s share of Residential Apartments have been identified and allocated in accordance with Clause 2.1(b) of Section II. 5.2 DDA shall transfer the land underneath the 50% of the developed Residential Apartments (i.e. 50% of the dwelling units only excluding all other facilities, for eg. commercial, institutional) to be identified for transfer to the Project Developer, for onward transfer to the individual buyers by the Project Developer in accordance with the terms, conditions and covenants contained in this RFP document, the Project Development Agreement and the Conveyance Deed, to be executed by DDA after completion of the Project and post the Games Period. The Project Developer shall agree to sign the Conveyance Deed in the format provided by DDA. 5.3 The Project Developer shall ensure that the potential buyers identified by the Project Developer and/ or the eventual buyers of the Project Developer s share of Residential Apartments shall not own any residential house/ apartment/ flat/ unit or plot in full or in part on leasehold or freehold basis in Delhi/ New Delhi/ Delhi Cantonment either in his own name or in the name of his/ her wife/ husband or in the name of his/ her minor or dependent children. If however, individual share of the applicant in the jointly owned plot or land under the residential house/ apartment/ flat/ unit is less than 66.9sq.m. he/ she can apply under this scheme. A person who has already been allotted a house/ apartment/ flat/ unit constructed by DDA or any other land owning department even if it is less than 66.9sq.m. shall also be covered under this restriction. 5.4 DDA will sell-off its share of Residential Apartments only Post-Games. 5.5 The possession of the Residential Apartments would be given to the allottees/ lessees only after the Games Period. 5.6 Till the time DDA is able to sell its share of Residential Apartments in part or in full, DDA as well as the Project Developer shall be bound by the maintenance terms laid down by the Residents Welfare Association. 5.7 Naming Rights The Residential Facility will be named as Commonwealth Games Village for all purposes The Project Developer shall not have any naming rights for the Residential Facility unless expressly approved by DDA It shall also be the responsibility of the Project Developer to ensure that the names/ brands of its suppliers/ vendors are not used in any manner whatsoever which is in conflict with the branding/ sponsorship rights during the Games Period. The Project Developer shall intimate to DDA latest within 7 days of any such branding/ naming. In case, DDA objects to the same, the Project Developer shall within a period of 7 days of such objection by DDA re-brand/ rename in consultation with DDA. 33

35 SECTION VI USE OF RESIDENTIAL FACILITY DURING COMMONWEALTH GAMES, The Residential Facility on the Project Site including all the open areas ( Residential Facility ) shall be used by OC during the Commonwealth Games, 2010 for a period of around seven (7) months ( Games Period ). The Games Period will comprise four (4) months period prior to the Games, the period of Games and two (2) months post- Games. Except as permitted by the Monitoring Committee, no activity by the Project Developer or any of its sub-contractors shall be allowed in the entire premise during the Games Period. 6.2 Furnishing, Fixtures and Furniture specified in Annex 2, Section F shall be provided by OC at its own expense and risk and these will be removed/ disposed by OC/ DDA after the Games. The Project Developer would be required to permit/ coordinate with/ assist OC/ DDA for the same. 6.3 Temporary Overlay Certain facilities, like team offices, service centres such as retail centre, casual dining and polyclinic etc may be required for the Commonwealth Games, 2010, which would be constructed as temporary overlay (details provided in Annex 2, Section G) by DDA or an agency nominated by DDA in the common areas like lobbies, parking and the open space including the area for landscaping. The Project Developer shall be required to plan/ coordinate/ assist in the same, including but not limited to providing connectivity for water, electricity, telephone, internet, etc. The Project Developer shall provide for such connectivity with appropriate capacity/ load till the point from where final distribution to the independent temporary units begins These Temporary Overlays shall be constructed and removed by DDA or an agency nominated by DDA at its own cost. 6.4 Damages to Residential Facility DDA would bear all the costs of any damages caused to the Residential Facility To facilitate the assessment of damages by the Monitoring Committee, the Project Developer shall provide to and get approved from the Monitoring Committee a list of all the furnishings/ fixtures/ equipment in the Residential Facility verified and certified by the Monitoring Committee before the commencement of the Games Period and within 15 days of the end of the Games Period The decision of the Monitoring Committee with respect to the damages shall be final The Project Developer shall be required to carry out the repair work promptly and within the time as specified by the Monitoring Committee in this respect Payment for the damages shall be made by DDA to the Project Developer within 30 days of successful completion of the repair work. The successful completion of the repair work shall be certified by the Monitoring Committee. 34

36 Annex 1 PROJECT SITE MAP, INITIAL CONCEPTUAL DESIGN AND UNIT DESIGN Project Site 35