list of appendices within 21 (twenty one) days from the issue of this loi. thanking you, yours...
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Haldia Development Authority (HDA) Appendices to Concession Agreement
1
LIST OF APPENDICES
APPENDIX – 1 LOI 2
APPENDIX – 2 LOA 3
APPENDIX – 3 LIST OF APPLICABLE PERMITS 5
APPENDIX – 4 LETTER OF CONFIRMATION 6
APPENDIX – 5 LIST OF EXISTING CONSUMERS 8 5.1 LIST OF EXISTING DOMESTIC CONSUMERS 8 5.2 LIST OF EXISTING MUNICIPAL CONSUMERS 11 5.3 LIST OF EXISTING COMMERCIAL CONSUMERS 12 5.4 LIST OF EXISTING INDUSTRIAL CONSUMERS 14 5.5 HDA’S CONNECTION (AS PER AGREEMENT) 16
APPENDIX – 6 EXISTING WATER TREATMENT FACILITIES 17
APPENDIX – 7 BID FORMAT 23
APPENDIX – 8 QUALIFICATION CRITERIA OF INDEPENDENT ENGINEER 25
APPENDIX – 9 PERFORMANCE STANDARDS OF THE O&M OF THE PROJECT FACILITIES 27
APPENDIX – 10 PHASING OF INVESTMENT 30
APPENDIX – 11 WATER TARIFF NOTIFICATION 38
APPENDIX – 12 CHECK LIST 39
APPENDIX – 13 SCOPE OF WORKS OR SERVICES 40
APPENDIX – 14 LIST OF EXISTING WORKERS* 42
APPENDIX – 15 MINIMUM WATER TARIFF 43
APPENDIX – 16 TENTATIVE LIST OF WORKS 44
APPENDIX – 17 SUBSTITUTION AGREEMENT 51
APPENDIX – 18 MODEL CUSTOMER SERVICE RULES 73
Haldia Development Authority (HDA) Appendices to Concession Agreement
2
APPENDIX – 1 LOI [On the letter head of HDA]
From:
The Chief Executive Officer,
Haldia Development Authority
To:
Name and Address of Concessionaire
Sub: Operation and Maintenance, Repair and Management of Water Supply Project at Haldia
Ref: This Office Memo No. 2269/HDA/IX-A-78(P-II) dated 14.12.2017 and Your Bid No.
[xxxxxx]
Dear Sir,
Based on the above referred documents we are pleased to inform that [Name of the Bidder or the
Consortium with xxxxxxxx as the Lead Member] is the Selected Bidder for Operation and Maintenance,
Repair and Management of Water Supply Project at Haldia.
You are requested to submit the Letter of Acceptance (LOA) of this offer within 7 (seven) days from the
issue of this letter.
You are further requested to take necessary action to finalize and sign the Concession Agreement with
HDA within 21 (twenty one) days from the issue of this LOI.
Thanking You,
Yours Faithfully,
The Chief Executive Officer,
Haldia Development Authority
Dated: xxxxxxx
Haldia Development Authority (HDA) Appendices to Concession Agreement
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APPENDIX – 2 LOA
[On the letter head of the Selected Bidder/ Lead member of the Consortium]
Ref. No. : xxxxxxx
Dated: xxxxxxx
To
The Chief Executive Officer,
Haldia Development Authority (HDA)
Satish Samanta Bhawan
City Centre
P.O. Debhog, Haldia
Purba Medinipur 721657
India
Sub: Operation and Maintenance, Repair and Management of Water Supply Project at Haldia
Ref. No. : Our Bid No.:
Dear Sir,
This LOA refers to your letter of interest, memo ref No. xxxxxxx dated xxxxxxx.
We, [Name of the Bidder or the Consortium] wish to confirm our acceptance of the above mentioned
project in accordance with our Bid. We are confident that we will make a significant contribution to the
improvement of water supply services and to the growth of Haldia.
We are willing to expedite the finalization of the Concession Agreement in the time period stipulated in
the LOI. We will make all endeavours to successfully complete the Concession Agreement in the time
period stipulated.
Meanwhile please direct all correspondences and communications in relations to the above mentioned
project to the following personnel, for and on behalf of the Selected Bidder/Consortium until further
notice.
Name and Address of the Signatory of the Bidder/Consortium:
Haldia Development Authority (HDA) Appendices to Concession Agreement
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Thanking You,
Yours Faithfully,
Authorised Signatory of the Bidder
Name of the Bidder/Consortium
Dated:
Haldia Development Authority (HDA) Appendices to Concession Agreement
5
APPENDIX – 3 LIST OF APPLICABLE PERMITS
1. Environmental Clearance
2. Water Abstraction Permit
3. Permit for continuous power Supply as well as Standby arrangement
4. Road Access permit
5. Permits for transporting and handling of hazardous material
6. Essentiality Certificates
7. Trade License
8. Labor License
9. Licenses related to explosives
10. PF and ESI Registration.
11. Public Liability insurance.
12. Stamping and Reverification of Weigh Bridge and weighing machine from Department of
Meteorology (Govt. of West Bengal) of
13. Temporary Right of Way
14. Immigration and Custom Permit for imported goods for the purpose of this Project
15. Temporary Workers Squatter
16. Business/ Work Permit for foreign expertise
17. Transportation of Goods via Hooghly River
18. Any other statutory requirement by the Govt. of West Bengal and Govt. of India from time to
time.
Note: Above is only an indicative list and is not complete.
Haldia Development Authority (HDA) Appendices to Concession Agreement
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APPENDIX – 4 LETTER OF CONFIRMATION
Dated: ____________
Chief Executive Officer Haldia Development Authority, Satish Samanta Bhawan, City Centre, Debhog, Haldia – 721 657.
Dear Sir,
Re: Concession Agreement dated ………… between Haldia Development Authority (HDA) and [Name of Concessionaire] (the Concessionaire) in respect of the Project (“Concession Agreement”).
This refers to the Article 2.1 (h) of the Concession Agreement.
We confirm as follows-
(1) We had jointly in a consortium Bid for the Project. (Applicable in case of Consortium) (2) For the purpose of such bid, we had entered into a Consortium Agreement amongst ourselves
dated ………….and submitted to you along with our aforesaid Bid. (Applicable in case of Consortium)
(3) Our Bid was on the basis of your Request for Proposal (RFP). (4) Our Bid was thereafter accepted by you and acceptance was communicated to us vide your LOI
bearing Memo No. [XXXXXXX] dated [XXXXXXX]. (5) For the purpose of implementation of the Project, we have promoted and incorporated [Name of
SPV], a Company incorporated under the Companies Act, 2013 and having its registered office at [Address], a Joint Venture Company / Special Purpose Vehicle. You have at our request agreed to accept the said [Name of the SPV] to function as a Concessionaire and at our request have entered into the Concession Agreement.
(6) Pursuant to Clause 24 of the Letter comprising the bid in the RfP document and Clause 2.1h of
the Concession Agreement, we or all of us (in case of a Consortium) are jointly and severally liable and responsible for the performance of the Project up to the tenure of the Concession Agreement as follows:
Haldia Development Authority (HDA) Appendices to Concession Agreement
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I. For the purpose of implementation of the project, we have promoted and incorporated [Name of the SPV] , a Company incorporated under the Companies Act, 2013 and having its registered office at [Address], a Joint Venture Company/Special Purpose Vehicle (“Concessionaire”) for this Project. You have at our request agreed to accept the said [Name of the SPV] to function as a Concessionaire, which has entered into the Concession Agreement.
II. We, in our capacity as shareholders, shall provide to the Concessionaire, the agreed
financing as per the means of finance submitted along with our Bid, as well as technical and managerial support so that the obligations undertaken by the Concessionaire are discharged and performed in accordance with the terms of the Concession Agreement. We agree and undertake not to revoke this confirmation/undertaking at any time in accordance with the Concession Agreement.
III. This confirmation/undertaking of joint & several responsibilities is being issued to you
pursuant to Clause 24 of the Letter comprising the bid in the RfP document and clause 2.1 (h) of the Concession Agreement.
IV. The respective signatories on behalf of each of us of this confirmation have full power
and authority to execute this letter of confirmation and have taken all necessary action to authorise the execution, delivery and performance of our responsibility under this confirmation. This letter of confirmation constitutes our legal valid and binding obligations fully enforceable against us in accordance with the terms hereof.
V. Nothing in this letter of confirmation shall oblige us to do or perform or be responsible
for any act or omission of the Concessionaire in respect of which performance is excused in terms of the said Concession Agreement.
We realise that water supply project in Haldia provides a vital input to several important industries and domestic consumers and, therefore, we shall as shareholders of the Concessionaire, put our best efforts to procure that the Concessionaire fulfils all the commitments made in the Concession Agreement in letter and spirit. Each of us agrees and undertakes not to revoke this letter of confirmation at any time during the tenure of the Concession Agreement. The capitalized terms used herein but not defined shall have the meaning ascribed to them in the Concession Agreement.
Yours faithfully,
For Name of Bidder (in case of Single Bidder) or Name of Each Member (in case of Consortium)
(Authorized Signatory of the Single Bidder or in case of Consortium Authorized Signatory of each)
Haldia Development Authority (HDA) Appendices to Concession Agreement
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APPENDIX – 5 LIST OF EXISTING CONSUMERS
5.1 LIST OF EXISTING DOMESTIC CONSUMERS
A list of existing domestic consumers is given below in tabular form.
Table 1: List of Existing Domestic Consumers
Sl No Customer Name Contractual
Volume/month (KL/month)
1 STPI Building, Software Tech Parks of India 337
2 Near Mohanna Market Township 250
3 Akashdeep Dormitory 188
4 Housing construction Sub-Div 2,190
5 B.Chakraborty 83
6 Bharatiya Vidya Bhaban 36
7 CIPET Annexe Building 1,800
8 Chrinjibpur Police Station 2,331
9 KoPT/HDC (Cluster – 10,19,9&5) Haldia Township 68,190
10 KoPT/HDC(CPT Office Chiranjibpur) 7,500
11 CWC Complex Residence, Haldia 450
12 Dilip Kumar Samanta, Basudevpur 30
13 HFCL 21,000
14 Haldia Distribution (O&M) Sub-Div WBSEDCL 381.36
15 Haldia Distn (O&M) Sub Div WBSEDCL 410
16 Haldia Govt Sponsored Secondary School 272.4
17 OFC MTCE Haldia, BSNL Haldia, OFC/MW Stn 204
18 Haldia Sub-Divisional Hospital(Non-Resi) 4,050
19 Haldia Sub-Divisional Hospital(Residence) 6,129
20 Indian Oil Corporation Ltd 72,000
Haldia Development Authority (HDA) Appendices to Concession Agreement
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Sl No Customer Name Contractual
Volume/month (KL/month)
21 Indian Oil Petronas Ltd 60
22 Lions Club of Haldia Durgachak Haldia 300
23 MCC PTA India Corpn Ltd Residence 6,000
24 MCC PTA India Crpn Ltd Workers Colony 2,000
25 Meghnad Saha Institute of Technology 3,000
26 Priyambada Apartment Owners Association 160
27 Raja Rammohan Siksha Niketan 30
28 SBI/HPB 900
29 SE Rly, Panskura (Durgachak Town Station) 540
30 SP Purba Medinipur Tamluk 41
31 Sadanand Maity, Basudevpur 30
32 Uttam Bedding Shop 15
33 Kushadwaj Panda, Basudevpur 26
34 Smt Rekha Maity, Basudevpur 60
35 Swapan Ponda, Debbhog 30
36 Swati Housing Owners Association 2016
37 Telecom Staff Qtrs 300
38 Telephone Exchange, SDO 300
39 Telephone Exchange Basudevpur 240
40 WBSEB GTP Chiranjibpur 3,750
41 Chief Medical Officer Health 575
42 Haldia Riverside Estates Ltd (HREL) 9,990
43 Haldia Presbyterian Church Basudevpur 30
44 Millitary Engineer Services, B/R Haldia 1,200
45 Santidham Ashram -
46 Kannya Milan Girls High School 90
Haldia Development Authority (HDA) Appendices to Concession Agreement
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Sl No Customer Name Contractual
Volume/month (KL/month)
47 SE Rly, Panskura (Durgachak Station Alichak) 1,230
48 Classic Enterprise 1,800
49 HDA Connections (16 Connections) -
50 PHE Bungalow, Basudevpur SGS 120
51 Life Insurance Corporation of India 1,550
52 MCCPTA Colony 67
53 Rumi Bibi 56
54 Land Mark Cultural Society Ltd. 300
55 Vivekananda Mission Ashram Rampur 100
56 IOCL Co-operative Credit Society Plot no. 5,6,7 & 8 1200
57 IOCL Co-operative Credit Society Plot no. 9 300
58 IOCL Co-operative Credit Society Plot no. 1 135
59 IOCL Co-operative Credit Society Plot no. 10 300
60 Coast Guard 1500
61 Coast Guard, Residential area 4920
62 Coast Guard, Vikram Enclave 5000
Total, in Kilolitre per month 2,38,092.76
Total, in Million Gallon per day ( MGD) 1.75
Source: HDA
Haldia Development Authority (HDA) Appendices to Concession Agreement
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5.2 LIST OF EXISTING MUNICIPAL CONSUMERS
A list of existing Municipal consumers is tabulated below:
Table 2: List of Existing Municipal Consumers
Sl
No Customer Name
Contractual
Volume/month
(KL/month)
1 HM (Sutahata-Amlat) 65,700
2 HM (Bisnabchak W/S) 29,400
3 HM (New Rehab Col at Durgachak) -
4 Haldia Municipality (ADM Building) 1,960
5 Sudipta Sahoo (HFC) 68
6 Subhash Chandra Ghosh 60
7 Srijib Kumar Nayak 240
8 Arup Kumar Dey 30
9 SMT Chhabi Chatterjee 20
10 Mahadeb Chandra Samanta 30
11 Biswanath Nandi 60
12 (Rehabilitation Colony) opposite Hotel Millenium 7
13 Basudevpur Scheme Zone_1(4013) 1,13,400
14 Chaktraun 26,700
15 Hindustan Market -
16 Brajanathchak Colony 3,900
17 Khudiramnagar 64,800
18 Beside Utsav Bhaban -
19 Gandhari Nagar Colony 24,300
20 Uttar Durgachak-II near Durgachak Super Market 22,800
21 Birangana Colony -
Haldia Development Authority (HDA) Appendices to Concession Agreement
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Sl
No Customer Name
Contractual
Volume/month
(KL/month)
22 Bagam Rakea Girl’s School -
23 Azad Hind Nagar
Hatiberia Satish Samanta Park
33,600
24 Satish Samanta Park -
25 Uttarchak-II near Durgachak Super Market 83,400
26 Baishnabchak, Debhog 24,900
27 Padampukur, Hatiberia -
Total, in Kilolitre per month 4,95,375
Total, in Million Gallon per day ( MGD) 3.64
Source: HDA
5.3 LIST OF EXISTING COMMERCIAL CONSUMERS
Table 3: List of Existing Commercial Consumers
Sl No Customer Name
Contractual
Volume/month
(KL/month)
1 Rose Vally 450
2 Bargabhima Timer Mare 12
3 Benfish Durgachak 90
4 Central Ware house Corporation 120
5 Chakroborty Hotel Basudevpur 60
6 Contai Co-Operative Bank 90
7 KoPT/HDC (Durgachak Camp Office) 3,750
8 Dr. S Naskar (Nursing Home) 60
9 Adarsha Hotel & Restaurant 60
10 Ganga Tourist Lodge 300
11 Haldia Distn (O&M) Sub-Divn, Wbsedcl 48
12 (Mohona Market - Township), Haldia Municipality 250
Haldia Development Authority (HDA) Appendices to Concession Agreement
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Sl No Customer Name
Contractual
Volume/month
(KL/month)
13 Uttar Durgachalk(New Market), Haldia Municipality 1,000
14 LICI, Haldia 240
15 M/S Gangadhar Bera, Manjushree Morh 600
16 Wb State Fisherman’s Co-Op. Federation Ltd 30
17 Nirapada Nayek, Hotel –Cum-Restaurant 60
18 Port Land Hotel 120
19 R.D.B Construction (Construction Phase) 60
20 Ramkrishna Hindu Hotel, Finger Jetty 60
21 Subhas Chandra Mondal, Hotel Cum Restaurant 30
22 Tamluk Ghatal Co-Operative 30
23 W.B Small Scale Industries Ltd 3,150
24 West Bengal State Warehousing Corp -
25 Park Hotel & Restaurant Debhog; City Center 90
26 Roy Construction, Khanjanchak, Haldia 30
27 Haldia Lions Trust, Basudevpur, Near Govt.sch 225
28 Haldia logistic Pvt. Ltd. (Boys Hostel) 300
29 Ambuja Realty 1500
30 Global Education Society 450
31 Hiralal Maity 103
32 Haldia Bhoj Hotel 146
33 Burger King Fast Foods Center 30
34 Ganga Developers 10
35 Benia Commercial Pvt. Ltd. 120
36 Sitala Sweets 60
37 SAS Nirman Pvt. Ltd. ( Plot C) 600
38 CESC Properties Ltd. 3,000
39 Remendra Sundar Maity 150
Total, in Kilolitre per month 17,484
Total, in Million Gallon per day ( MGD) 0.13
Source: HDA
Haldia Development Authority (HDA) Appendices to Concession Agreement
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5.4 LIST OF EXISTING INDUSTRIAL CONSUMERS
A list of existing industrial consumers is given below:
Table 4: List of Existing Industrial Consumers
Sl No Customer Name
Contractual
Volume/month
(KL/month)
1 BPCL (Site-1) 600
2 BPCL (Site-2) 60
3 Electro Steel Casting Ltd 48,000
4 Adani Wilmer Ltd 3,000
5 KoPT/HDC 75,000
6 Exide Industries Ltd 18,000
7 Greenways Shipping Industries Pvt Ltd 1,500
8 Haldia Bar & Restaurant/ M/s. Millennium Inn 60
9 Haldia Friends Electronics Pvt Ltd. 681
10 Haldia Petrochemical Ltd (Phase - III) 953,400
11 Tata Chemicals 27,000
12 Hindustan Lever Ltd 2,250
13 HPCL 800
14 IOC Petronas Ltd 4,500
15 IOCL Haldia Refinery 540,000
16 Petrocarbons & Chemicals Pvt Ltd 6,000
17 Mercus Oil & Chemicals Ltd 5,100
18 Material Chemicals and Performance Intermediaries Private Ltd.
(MCPI)
1,269,000
19 RDB Rasayans Ltd 150
20 Manaksia Ltd 7500
21 Himadri Coke & Petro Ltd 60
22 United Phosphorus Ltd 6,000
23 IVL Dhunseri Petrochem Industries Ltd. 6,000
24 SAIL 60
25 Tata Power 432,000
Haldia Development Authority (HDA) Appendices to Concession Agreement
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Sl No Customer Name
Contractual
Volume/month
(KL/month)
26 TISCO Ltd 180
27 Ralson Petrochemicals Ltd 10
28 Reliance Industries Ltd 150
29 Sanjana Cryogenic Storage Ltd 900
30 SE Rly Panskura (Sick Line) 1,632
31 M/S Ruchi Soya Industries Ltd 15,000
32 Shree Renuka Sugar Ltd 1,500
33 KS Oil LTD 30
34 Haldia Nirman Projects Ltd 300
35 West Bengal Waste Management Ltd 2,100
36 Exide Industries Ltd-2 (traction factory) 12,000
37 Emami Agrotech Pvt Ltd 9000
38 Indicative Consultants 150
39 Ennore Power & Coke Pvt Ltd 2,000
40 Shamon Ispat Ltd 2,700
41 Lal Baba Seamless Tubes P Ltd 1650
42 MSTC Ltd 180
43 Gokul Refoils & Solvent Ltd 6,000
44 WBSE Tr Cntrl Room & Qtr Complex 300
45 Progressive Packing & Printing Unit 60
46 Modern India Concast Ltd 6,000
47 RH Projects 150
48 Rohit Ferro 5,250
49 IPCL Haldia 3,000
50 Haldia Barauni Pipe Line 4,500
51 Ruchi 2nd Connection 6,000
52 Hindustan Colas Ltd. 1,200
53 Aegis Logistic Ltd. 300
54 JVL Oil Refinery 12,000
Haldia Development Authority (HDA) Appendices to Concession Agreement
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Sl No Customer Name
Contractual
Volume/month
(KL/month)
55 Industrial Services 150
56 East India Packaging Pvt. Ltd. 750
57 Ralson Petrochemicals Ltd. 22,500
58 IMC Ltd. 300
59 Aegis Logistics 1,500
60 BPCL, HPL Link Road 6,000
61 Bridge & Roof Company 1,500
Total, in Kilolitre per month 3533663
Total, in Million Gallon per day 25.94
Source: HDA
5.5 HDA’S CONNECTION (AS PER AGREEMENT)
Table 5: List of HDA’s Connection
Sl No Customer Name Contractual Volume/month (KL/month)
1 44 Flats 1,500
2 40 Flats Complex 2,800
3 72 Flats Complex (New) 2,500
4 Basudevpur Head Works site PHE 500
5 Priyambada H.E 4,500
6 Durgachak H.E 7,000
7 Sub Divisional Head Quarter at Basudebpur 500
Source: HDA
Haldia Development Authority (HDA) Appendices to Concession Agreement
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APPENDIX – 6 EXISTING WATER TREATMENT FACILITIES
The technical details of water intake and treatment are indicated below. However the facilities plants are
machineries shall be handed over on “as it where is basis”.
I) Description of Water Treatment Facility- Old
A. Water Treatment Facility - details (including allied systems)
FACILITY DETAILS
Land 238.15 Acres
Intake Jetty For supporting four (4) nos. 1000 mm dia. MS suction mains and
chloride monitoring unit.
Raw Water Pump House Plinth area 170 Sq. mtrs for housing four (4) Nos raw water
pumping machinery
Raw Water Pumps Four (4) Nos. split-casting centrifugal pumps of capacity 4500 Cu
mtr/ Hour each against a total head of 12 mwc. The motor rating is
200 KW.
Raw Water Mains Two (2) Nos. 1100 mm dia MS pipeline, 470 mtrs each for
supplying raw water to intake channels.
Intake Channels Three (2) Nos. intake channel each of 400 mtrs long, 30 mtrs wide
and 4 mtrs deep, capacity of each channel is 10 million gallons
Pre settling Tank One (1) No. 600 mtrs x 500 mtrs x 3 mtrs size with 200 million
gallons capacity
Settled Water sump One (1) No. RCC underground sump of 16.25 mtrs x 4 mtrs x 6.5
mtrs size
Settled Water Pump
House
Floor area 275 sq. mtrs for housing four (4) nos. settled water
pumping machinery
Settled Water pumps Four (4) nos split casing centrifugal pumps of capacity 1800 Cu
Mtrs/ hour each against a total head of 15.2 mwc. Motor rating is
110 Mw
Chemical house for Alum storage space for two (2) months consumption. Six (6) nos.
Haldia Development Authority (HDA) Appendices to Concession Agreement
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alum and chlorine
dosing
alum solution tanks. Alum dosing by gravity rate settling
mechanism. Space for storing chlorine cylinders with lifting
tackles, four (4) nos. gaseous chlorinators.
Flash mixers, inlet, wells
and ventury fumes
Two (2) nos. inlet wells for receiving settled water
Two (2) nos. flash mixers each of 4.90 sq. mtrs x 5.80 mtr deep
with 1 minute detention
Tow (2) nos. ventury flumes with dial type flow recorders
Clarifloculators Two (2) nos. each, 48.5 mtr dia with side water depth=??, 900 mm
dial RCC Hume pipe inlet, 350 mm dia sludge pipe. Detention
time : 3 hours.
Weigh bridge One (1) no 30 MT capacity Weigh Bridge for weighing materials
such as alum, chlorine etc.
Elevated reservoir for
backwashing of filter
beds and town supply
One (1) RCC elevated reservoir of 682 Cu mtrs capacity with
staging
height 15.25 meters
Filter house Twelve (12) nos twin unit filter beds including two (2) nos as
stand-by size of each filter bed is 84.80 sq. mtrs having 650 mm
thick sand over 450 mm thick gravels, having air scour system,
backwash system and control devices.
Clear water reservoir One (1) RCC underground reservoir capacity 23 lakhs litres
approximately 35 mins storage
Clear water pump house Floor area 323.32 Sq. mtrs for housing 5 nos clear water pumps
and 3 nos backwash pumps
Clear water pumping
machinery
Four (4) nos. split casing centrifugal pumps each capable of
pumping 1850 Cu mtrs per hour against a total head of 36 mtrs for
supplying treated water to Chaitanyapur reservoir. Motor rating is
260 KW.
Backwash pumping
machinery
Three (3) nos. centrifugal pumps capacity of each pump 150 Cu
mtr/ hour against a head of 30 mtrs coupled with three (3) nos.
kirloskar motors, motor rating is 18.5 KW.
Sludge sump and sludge
pump house
One (1) underground RCC sludge sump of 250,000 ltrs capacity
One (1) sludge pump house over the sludge pump of floor area 200
sq. mtrs for housing two (2) nos sludge pumps.
Haldia Development Authority (HDA) Appendices to Concession Agreement
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Sludge pumps Two (2) nos split casing pumps with open impeller. Sludge pump
each capable of pumping 400 Cu mtrs of sludge water per hour
against a total head of 15 m. motor rating is 30 KW.
Sludge ponds Two (2) nos. each of size 37 mtrs x 33 mtrs x 3 mtrs deep for
collecting sludge water from Clarifloculators and filter house.
Laboratory and annexe
building
One (1) laboratory for testing physical, chemical and
bacteriological quality of treated water and raw water
Two (2) nos. air compressors and two (2) nos blowers for
operation of pneumatically controlled valves and for air scour
arrangements, installed in the ground floor of annexe buildings
Electrical sub-station Two (2) nos of feeders
Contract demand: 2200 KVA
Three (3) nos. outdoor type 1250 KVA transformer (2 working and
1 stand-by)
Make: Kirloskar: 50 hz, 33/0.433 KV rating
Chlorinator System 4 nos. Chlorinator ,2 for pre and 2 for post chlorination
Scrubber System 1 nos. scrubber
B. Water transmission and Storage
Raw water after treatment at Geonkhali, is pumped to the Chaitanyapur booster pumping station,
of approx. 9 Kms, by means of clear water pumps, through rising mains of about 1100 mm dia.
and 700 mm dia.
At Chaitanyapur an underground storage tank of capacity 23 lakh litres. There are two nos of
pump house one is dedicated for HPL and other supplies to Basudevpur booster pumping station.
From the Clear Water Reservoir at Chaitanyapur, water is transferred by means of :
200 mm diameter rising main exclusively for distribution Sutahata area
1100 mm diameter pipeline for distribution to various industrial and domestic areas of Haldia
with intermediate location of Basudevpur Booster pumping station.
500 mm dedicated pipeline for water supply to Haldia Petro Chemicals Ltd.
Haldia Development Authority (HDA) Appendices to Concession Agreement
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Pipe supporting structures (MS) at different location where pipe crosses natural drainage
Along with Chaitanyapur- Mahisadal road Chaitanyapur, there are 15 Nos of borewells as
mentioned below:
The detail of the system at Chaitanyapur is Pump Station is indicated below:
CWR Capacity
Pumps 6 Nos. 2 Nos. running at a time
1000 m3 /Hr, Head = 27 metres
1 No. pump for Sutahata Amlat Water Supply Scheme
4 Nos 500 M3/hr dedicated for HPL
The details of the system at Basudevpur are indicated below:
CWR at Basudevpur Capacity : 225 lakh litres
Primary Grid
(industrial as well as Township Supply)
5 Nos. 285 M3/Hr, Head =33 metres
Secondary Grid 5 Nos. 285 m3/Hr, Head=33 metres
B.H.T. Pumps for Mitsubishi 2 Nos. 850 m3/Hr, Head=35 metres
3 Nos 1300 M3/hr pumps
CWR at Hatiberia Capacity : 18.18 lakh litres
Set 1 2nos. 430m3/ hr , Head =21MWC,37 KW motor
Set 1 2nos. 430m3/ hr , Head =35MWC, 90 KW motor
Haldia Development Authority (HDA) Appendices to Concession Agreement
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II) Description of Water Treatment Facility- New
A. Intake System
1. Raw water intake pipe jetty on the Hooghly River at Geonkhali, Haldia including connecting
approach-bridge from the riverbank for supporting the intake pipes.
2. Raw water intake pipes
3. Raw water pump house
4. Raw water suction mains
5. Structures for crossing of drains, roads, along the suction line route.
6. Raw Water Pipe line including crossing of road.
7. Electrical sub-station building switch yard.
8. Boundary wall with gate and guardroom, internal road, drain, sewer etc. in intake complex.
9. All electrical, instrumentation and mechanical works for pump house, sub-station, switch
yard, jetty etc., including pump, motor, transformer, illumination etc., complete for intake
system.
B. Raw water conveyance System:
Raw water pipeline for transportation of water from intake to the treatment plant at Geonkhali.
C. Water Treatment Plant (WTP) of 113.5 MLD.
1. Pre-setting tank with inlet and by-pass arrangement.
2. Settled water pump house,
3. Flash Mixer cum Flocculator cum
4. Inclined plate Clarifier. ,
5. DAF – with Filtration arrangement (Revoplus),
6. Chlorination system, Balancing Tank/ clear water reservoir,
7. Clear water pump house,
8. Sludge handing system comprising of Sludge holding Tank.
9. Sludge Thickener
10. Centrifuge building;
11. Sub-station building;
Haldia Development Authority (HDA) Appendices to Concession Agreement
22
12. Administrative building with provision of conference room, laboratory, Chemical Control
room etc.
13. Internal roads, sewerage, drainage system within treatment plant complex with culverts etc.
including necessary land development works within the water treatment plant compound.
14. Boundary wall with gates, guard room etc.
15. All electrical and mechanical works for the treatment plant complex including pump, motor,
transformer, sub-station switchyard, compound illumination, internal wiring, external cable
laying, permanent electrification works, etc. all complete.
16. Instrumentation comprising of Sensors, PLC etc. for controlling the operation maintenance
of the water treatment plant.
Haldia Development Authority (HDA) Appendices to Concession Agreement
23
APPENDIX – 7 BID FORMAT
Dated: <*****>
To
CEO
Haldia Development Authority
Satish Samanta Bhawan
City Centre, P.O Debhog
Haldia-721657
District: Purba Medinipur
Sub: Financial Bid for Operation and Maintenance, Upgradation and Management of Water Supply
Project of Haldia
Dear Sir,
With reference to your RFP document (vide RFP No. 01/ HDA/ EC(Mech) of 2017-18 dated 14.12.2017)
, I/we, having examined the Bidding Documents and understood their contents, hereby submit my/our Bid
for the aforesaid Project along with the letter. The Bid is unconditional and unqualified.
1. I/we agree to pay an upfront payment of Rs.25,00,00,000/-(Rupees Twenty Five Crores only) if
selected for the project. I/we acknowledge that this is not a bidding parameter. I/We agree that the
upfront fee is an initial fee which the concessionaire will pay to HDA. I/We also take cognizance of
the fact that it is not an investment against any asset which is necessary to run the plant.
2. I/we agree to pay a fixed annual fee of Rs.25,00,00,000/- (Rupees Twenty Five Crores only)
towards license fees irrespective of the revenue generated or the volume of the water sold, if
selected for the project. I/We acknowledge that this is not a bidding parameter.
3. I/we agree to pay a Bid Security of Rs.2,00,00,000/- (Rupees Two Crores only) which will be
refunded to all unsuccessful bidders, however, for successful bidder this will get converted into
performance security. I /We acknowledge that this is not a bidding parameter.
Haldia Development Authority (HDA) Appendices to Concession Agreement
24
4. I/We hereby submit our Bid and offer a Premium in the form of ……… per cent (in words) of the
pre-tax gross revenues of the Project as share of HDA. This is the sole bidding parameter based on
which the project will be awarded to the highest bidder and in accordance with other criteria as
specified in this RFP document.
In witness thereof, I/we submit this Bid under and in accordance with the terms of the RFP document.
Yours faithfully,
Date: (Signature, name and designation of the Authorized signatory)
Place: Name and seal of Bidder/Lead Member
Haldia Development Authority (HDA) Appendices to Concession Agreement
25
APPENDIX – 8 QUALIFICATION CRITERIA OF INDEPENDENT ENGINEER
The Independent Engineer, who will be either a consultancy firm having good experience in Water
Supply and Sanitation Sector. Selection of the Independent Engineer shall be through a robust Bidding
Process. The Terms of Reference (ToR) for selection shall be finalized jointly by the Concessionaire and
the Authority. The Consulting Firm must have the following minimum qualification criteria:
1. It should be in the Water Supply and Public Health sector for at least for 15 years.
2. It should have experience of preparing DPR for at least one Water Supply Project of 112.5 MLD
or more capacity.
3. It should have experience of preparing O&M Manual for a Water Supply System of 112.5 MLD
or more
4. It should have experience in Operation and Maintenance and Management of WTP having
capacity of 112.5 MLD or more for a minimum period of 5 yrs.
5. It should have done Project Management Consultancy for a Water Supply project of similar
nature (PPP) and scale.
An indicative Organization Structure for the proposed team of the Independent Engineer may be as
follows:
Sl.
No.
Staff
Position
Nos. Minimum Professional Qualification Minimum Educational
Qualification
1 Team Leader
/Project
Manager
1 Must have 20 years’ experience in
preparation of Water Supply Project
DPR, in similar nature (PPP) project of
capacity not Less than 25 MGD. Also he
should have minimum 5 years’
experience in operation and maintenance
of large Municipal Water treatment plant
of capacity not less than 25 MGD.
Masters in Environmental
Engineering.
2 Maintenance
Engineer
(Civil)
1 Must have minimum 10 years in the
field of Operation and Maintenance of all
Civil Construction of Water Treatment
plants
Bachelor in Civil Engineering
3 Maintenance 1 Must have minimum 10 years in the Bachelor in Mechanical
Haldia Development Authority (HDA) Appendices to Concession Agreement
26
Engineer
(Mechanical
Engineering)
field of Construction, Operation and
Maintenance of all Mechanical items
associated with a Water Treatment
plants
Engineering
4. Electrical
Engineer
1 Must have minimum 10 years’
experience in the field of Operation and
Maintenance of all Electrical and
Instrumentation items associated with a
Water Treatment plant
Bachelor in Electrical
Engineering
Haldia Development Authority (HDA) Appendices to Concession Agreement
27
APPENDIX – 9 PERFORMANCE STANDARDS OF THE O&M OF THE PROJECT FACILITIES
A. System efficiency /Customer service level enhancement
Sr.
No.
Parameter
Performance Standard
Unit Value
2017
to
2018
2019
to
2020
2021
to
2022
2023
to
2024
2025
to
2026
2027
onwards
1. Total Loss in the system % 15 14 13 12 11 10
2. Overall Energy consumption
per kilolitre of water
cumulatively pumped at various
locations.
KwH/
MGD
15% improvement over previous
year
3. Emergency Stoppages
a Maximum hours per stoppage
(excluding Power Shut Down)
Hours 3 2 1 1 1 1
b Maximum stoppages in a year No. 4 3 3 2 2 2
4. Response to break down in
Distribution System (Repair
work to begin).
Hours
4
3
2
2
2
2
5. Response to consumer complaints pertaining to :
a Water quality, pipeline bursts
or minor repairs to service
connections and appurtenances
Hours
18
12
12
12
12
12
b major repairs requiring
replacement of component.
Days 5 3 3 3 3 2
Haldia Development Authority (HDA) Appendices to Concession Agreement
28
B. Water Quality Standards
SN
(1)
Parameter
(2)
Acceptable limit
(3)
Limit for Rejection (4)
1. E Coli Count in 100 ml sample 0 0
2. Coliform Organism (per 100 ml) 0 0
3. Colour, (Hazen units, Max) 5 25
4. Odour Unobjectionable Unobjectionable
5. Taste Agreeable Agreeable
6. Turbidity (NTU, Max) 5 10
7. pH Value 6.5 to 8.5 No Relaxation
8. Total Hardness (as CaCo3) mg/lit.,
Max
300 600
9. Iron (as Fe) mg/lit, Max 0.3 1.0
10. Chlorides (as CI) mg/lit, Max. 250 1000
11. Residual, free chlorine, mg/lit, Min 0.2 --
12. Dissolved solids mg/lit, Max 500 2000
13. Calcium (as Ca) mg/lit, Max 75 200
14. Copper (as Cu) mg/lit, Max 0.05 1.5
15. Manganese (as Mn) mg/lit, Max 0.10 0.3
16. Sulfate (as SO4) mg/lit, Max 200 400
17. Nitrate (as NO3) mg/lit, Max 45 100
18. Fluoride (as F) mg/lit, Max 1.9 1.5
19. Phenolic Compounds (as C6
H5OH) mg/lit, Max.
0.001 0.002
20. Mercury (as Hg) mg/lit, Max 0.001 No relaxation
21. Cadmium (as Cd)mg/lit, Max 0.01 No relaxation
22. Selenium (as Se) mg/lit, Max 0.01 No relaxation
23. Arsenic (as As) mg/lit, Max 0.05 No relaxation
24. Cyanide (as CN) mg/lit, Max 0.05 No relaxation
25. Lead (as Pb) mg/lit, Max 0.05 No relaxation
26. Zinc (as Zn) mg/lit, Max 5 15
27. Anionic detergents (as MBAS)
mg/lit, Max
0.2 1.0
Haldia Development Authority (HDA) Appendices to Concession Agreement
29
28. Chromium (as Cr6+) mg/lit, Max 0.05 No relaxation
29. Polynuclear aromatic hydro carbons
(as PAH)g/lit, Max
-- --
30. Mineral Oil mg/lit, Max 0.01 0.03
a Pesticides mg/1, Max Absent 0.001
b Radioactive Materials
31. i. Alpha emitters Bq/I, Max -- 0.1
32. ii. Beta emitters pci/I, Max -- 1.0
33. Alkalinity mg/lit. Max 200 600
34. Aluminium (as AI) mg/I, Max 0.03 0.2
35. Boron mg/lit, Max 1 5
36. Mercury (mg/I) 0.001 0.001
37. Fluorides (mg/I) 1.0 1.5
Note: - Extracted from CPHEEO Manual on Water Supply and Treatment
Haldia Development Authority (HDA) Appendices to Concession Agreement
30
APPENDIX – 10 PHASING OF INVESTMENT
PHASING OF CIVIL REPAIR WORKS:
Sl No Name of Work Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
1 Repair of Three Raw Water Receiver, 6 Nos Sample Collecting Platform, Settle Water inlet well and Settle Water Channel including desiltation work at Geonkhali.
2 Changing the coarce sand at 16 nos. filter bed, approx quantity to be supplied = 900 cu. M. Gravels quantity = 650 cu.m.
3 Repair and renovation works of 5 nos. toilet at Geonkhali
4 Repairing works of pipeline near IOCL's motel
5 Repairing works at new 25 MGD WTP including shed repairing works over DAF building, repair works at CWR, construction of security room, etc.
6 Repair and Renovation of Raw Water Intake Jetty for WTP(Ph-I) at Geonkhali
7 Construction of FOR R.C.C. Retaining Wall for protection of Jetty.
8 Repairing Works of 30 Nos Existing Pipe Supporting Bridge.
Haldia Development Authority (HDA) Appendices to Concession Agreement
31
PHASING OF ELECTRO-MECHANICAL WORKS TO BE UNDERTAKEN:
Sl No Location Description of Work Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
1
Raw Water Pump House
Supply & Installation of online TDS Meter at Raw Water Pump House
2 Replacement of NRV with PDV
3 Repair of Vacuum Pumps
4 Replacement of Sluice Valves of 1100 mm dia at Raw water main
5 Raw Water Pump House -Ph-I
Supply & Installation of Higher Capacity Pump and Motor at RWPS Ph-I to combat with salinity (Stainless Impeller and Squirell Cage motor)
6
Laboratory at Geonkhali
Supply & Installation of Spectrophometer, Model:Spectroquant, Make:Merck, Germany with Serological water bath-13 Ltr., Jar Test Apparatus, Analystical Balance,Induction Heater, Computer(HP) & Scanner (HP)
7
Supply & Installation of measuring kit with meter, electrode arm, USB cables etc. for measurement of pH/conductivity/TDS/Resistivity/Salinity, Make-Thermo(Brand:Fisher Scientific Accumet)
8 Inlet Channel &
Pre-Settling Tank
Repair of Sluice Gate at Inlet Channel
9 Supply & Installation of Ultrasonic Level Indicator at each Channel and Settling Tank
Haldia Development Authority (HDA) Appendices to Concession Agreement
32
Sl No Location Description of Work Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
10 Settle Water Pump
House
Replacement of NRV with PDV
11 Providing Electro-Magnetic Flow Meter for Raw Water.
12 Flush Mixer & Purshall Flume
Providing Ultrasonic Flow meter with totaliser
13 Replacement of Flush Mixer including gear and paddle.
14
Clarifier
Replacement of Floculator including puddle
15 Repair of De-Sludging Valves
16 Replacement of De-Sludging Valves
17 Replacement and Re-Alignment of Rail
18
Filter House
Replacement of Control Desk including provision of ROF and LOH meter
19 Repair of Pneumatic Cylinders
20 Replacement of Pneumatic Cylinders
21 Repair of Valves
22 Supply & Installation of 450 mm Dia Butterfly Vales with
Haldia Development Authority (HDA) Appendices to Concession Agreement
33
Sl No Location Description of Work Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
Actuator and 450 mm Dia S/V
23
Chemical House
Improvement of Chemical Dosing Pipeline including Chlorine Dosing Pipeline
24 Repair of Alum Agitator
25 Replacement of Alum Agitator
26 Level Indicator for alum tank
27 Repair of Chemical Handling Equipment like Chain Pulley, EOT etc
28 Clear Water Pump
House
Supply & Installation of 700 mm Dia Butterfly Valves with Actuator
29 Supply & Installation of 1100 mm Dia Butterfly Valves with Actuator
30 Sludge Pump House Replacement of Sludge Pumps
31
Chaitanyapur Booster Pumping
Station
Repair of Existing Level Indicator and Providing Ultra sonic Level Indicator for Main UGR
32 Repair of Existing Level Indicator and Providing Ultra sonic Level Indicator for HPL UGR
33 Supply & Installation of 1100 dia actuator controlled Butterfly Valve
Haldia Development Authority (HDA) Appendices to Concession Agreement
34
Sl No Location Description of Work Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
34 Supply & Installation of 500 dia actuator controlled Butterfly Valve at HPL line
35
Basudevpur Booster Pumping Station
Repair of Existing Level Indicator and Providing Ultra sonic Level Indicator for UGRs
36 Repairing of Valves
37 Replacement of NRV with PDV
38 Supply & Installation of 1100 dia actuator controlled Butterfly Valve
39
Hatiberia Booster Pumping Station
Repair of Existing Level Indicator and Providing Ultra sonic Level Indicator for UGR
40 Repairing of Valves
41 Procurement of Rotating Assembly
42 Supply & Installation of 600 dia actuator controlled Butterfly Valve
43 At Different Installation Repairing of Electrical Accessories
44
Pipeline
Supply & Installation of 1100 dia BF valve for Isolation of pipeline including Valve Chamber
45 Supply & Installation of 700 dia BF valve for Isolation of pipeline including Valve Chamber
Haldia Development Authority (HDA) Appendices to Concession Agreement
35
Sl No Location Description of Work Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
46 Supply & Installation of 500 dia BF valve for Isolation of pipeline including Valve Chamber
47 Repairing of Valves over PG & SG.
48 Repairing and replacement of Air Valves
49 Strap Type Ultrasonic Flow meter for potable use of flow measurement
50 1100 mm dia full bore Electro Magnetic Flowmeter for Geonkhali To Chaitanyapur, Chaitanyapur to Basudevpur and at Basudevpur Delivery line
51 700 mm dia full bore Electro Magnetic Flowmeter for Geonkhali To Chaitanyapur.
52 500 mm dia full bore Electro Magnetic Flowmeter for dedicated line of HPL at Chaitanyapur.
53 500 mm dia full bore Electro Magnetic Flowmeter for Series of tubewell at Chaitanyapur and at MCCPTA dedicated Line, Delivery Line of Hatiberia Pump House
54 750 mm dia full bore Electro Magnetic Flowmeter for Secondary Grid outlet at Basudevpur.
55 Different location of Haldia.
Supply & Installation of Fire hydrant
Haldia Development Authority (HDA) Appendices to Concession Agreement
36
Sl No Location Description of Work Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
56
Raw Water Pump House Ph-II
Supply & Installation Vacuum Pump in newly constructed Raw Water Pump House
57 Supply & Installation of Higher Capacity Pump and Motor at RWPS Ph-II to combat with salinity. (Stainless Impeller and Squirrel cage motor)
58
Central Office
Leak Detector
59 Pipe Locator
60 Valve Locator
61 GIS software
62 Consumer Location
Replacement of old and non-functional water meters within consumer premises and installation of online water consumption monitoring system only withing premise of majors consumer such as HPL, MCCPTA, IOCL, TATA POWER and 30 nos water meters (meter size varies from 20 mm to 150 mm dia) installed at Municipality
LEGEND
Highly Critical; Needs to be repaired in Year 1
Criticality is less compared to the previous category; Needs to be repaired in Year 2
Needs to be repaired in Year 3
Needs to be repaired in Year 4
Haldia Development Authority (HDA) Appendices to Concession Agreement
37
Needs to be repaired in Year 5
Haldia Development Authority (HDA) Appendices to Concession Agreement
38
APPENDIX – 11 WATER TARIFF NOTIFICATION
[On the letterhead of Haldia Development Authority]
Memo No: xxxxxxx Dated: xxxxxxx
From:
Chief Executive Officer
Haldia Development Authority (HDA),
Satish Samanta Bhawan,
City Centre,
Debhog, Haldia – 721 657.
To: As per List
Sir,
This is to inform you that the Board of Haldia Development Authority in its [xx] meeting held on [date]
has resolved to increase the water charges w.e.f. [date] and accordingly the monthly water charges shall
be charged from [date] in the following manner.
Sl.
No.
Category of Consumer Existing Rate (Rs.
per kl)
Revised Rate
(Rs. per kl)
1. Industrial
2. Commercial
3. Municipal
4. Domestic
You are requested to pay the water bills at the revised rate as indicated above.
Thanking You,
Yours Faithfully,
Chief Executive Officer
Haldia Development Authority (HDA)
Haldia Development Authority (HDA) Appendices to Concession Agreement
39
APPENDIX – 12 CHECK LIST
1. Compliances to engineering drawings
2. Super/Sub structural conditions
3. Dimensions and levels
4. Mechanical and electrical specifications
5. Process specifications
6. Health and safety equipments
7. Access, walkway, platform, handrail
8. Spare parts
9. Pipe works, joints and valves
10. Housekeeping
11. Functioning of Instrumentation and SCADA system
12. Functioning of laboratory facilities
13. Water quality analysis
Note: The tests listed above are indicative. The concessionaire shall carry out all the tests required as
necessary to operate and maintain the water supply system adhering to environmental safety policies as
prescribed from time to time and ensuring the water quality to consumers.
Haldia Development Authority (HDA) Appendices to Concession Agreement
40
APPENDIX – 13 SCOPE OF WORKS OR SERVICES
A. Operation , Maintenance and Repair of the Water Treatment Facilities
Intake System (50 MGD Capacity from river and 2 MGD from tube wells)
i. Raw Water Intake Pipe Jetty on the Hooghly River at Geonkhali, Haldia including
connecting approach bridge from the river bank
ii. Raw Water Pump House
iii. Raw Water Suction Mains
iv. Electrical Sub-station Building including Switch Yard
v. Boundary Wall with gate and guardroom, internal road, drain, sewerage in intake
complex
vi. All electrical and mechanical works for Pump House, Sub-Station, Switch Yard, Jetty etc
including Pump, Motor, Transformer, Illumination etc complete for intake system and
WTP in general.
Raw Water Conveyance System
i. Raw Water rising main
ii. Inlet Channel and Pre -Settling Pond
iii. 3 nos. of inlet channel and 1 no. of Pre- settling pond along with inlet an outlet
arrangement, bypass arrangement etc.
Water Treatment Plants
i. Settled water sump and pump house,
ii. water treatment plant
iii. Internal Roads, Sewerage, drainage system treatment plants complex with culverts etc.
including necessary land development works within the Water Treatment Plant
compound.
iv. Existing boundary wall with gates, guard room etc.
v. All electrical and mechanical works associated with all Booster Pumping Stations and
treatment plant complex including the pump, motor, transformer, sub-station switchyard,
compound illumination, internal wiring, external cable laying, permanent electrification
works, etc. all complete.
vi. SCADA (Supervisory control and data acquisition) /Instrumentation and controlling
devices for operation of water treatment plant from the instrumentation room.
vii. Operation and Maintenance of Tube wells, pump houses.
Haldia Development Authority (HDA) Appendices to Concession Agreement
41
viii. Establishment and Maintenance of modern Water Treatment Plant Laboratory, including
procurement of chemicals and testing of water.
ix. Repair and Maintenance of existing Raw and Clear Water Rising Main, Distribution
system and appurtenances (Up to Water Meter), pipe supporting structures etc.
B. Other Services
i. Repairs and maintenance of the Existing Facilities.
ii. Provision and Management of the services in the service area for the existing facilities
and overall distribution system in accordance with and subject to the terms of RFP
throughout the contract period of 20 years.
iii. Extraction of raw water form identified sources and supply of adequate and quality
potable water to the customers as per their contractual demand.
iv. Operation and Maintenance (including repairs) of the services in the Service Area using
Prudent Utility Practices and expertise, know-how, and technologies and in conformity
with applicable rules.
v. Management of contracts with customers for supply of water, carrying out of billing and
collection of payments from customers.
vi. Conduct disposal processes of Treatment Plant Sludge including solid waste sludge
strictly in line with the applicable rules and regulations
vii. Maintenance of quality and providing regular feedback
viii. Compliance with the environment rules as prescribed from time to time
Haldia Development Authority (HDA) Appendices to Concession Agreement
42
APPENDIX – 14 DETAILS OF EXISTING WORKERS*
(* To be provided by HDA)
Haldia Development Authority (HDA) Appendices to Concession Agreement
43
APPENDIX – 15 MINIMUM WATER TARIFF
Concession Year
Minimum Water Tariff (in Rs. Per Kl)
Industrial Commercial Domestic Municipal
Year 1 16.20 12.60 6.10 3.70 Year 2 16.85 13.10 6.28 3.81 Year 3 17.52 13.63 6.47 3.93 Year 4 18.22 14.17 6.67 4.04 Year 5 18.95 14.74 6.87 4.16 Year 6 19.71 15.33 7.07 4.29 Year 7 20.50 15.94 7.28 4.42 Year 8 21.32 16.58 7.50 4.55 Year 9 22.17 17.24 7.73 4.69
Year 10 23.06 17.93 7.96 4.83 Year 11 23.98 18.65 8.20 4.97 Year 12 24.94 19.40 8.44 5.12 Year 13 25.94 20.17 8.70 5.28 Year 14 26.97 20.98 8.96 5.43 Year 15 28.05 21.82 9.23 5.60 Year 16 29.18 22.69 9.50 5.76 Year 17 30.34 23.60 9.79 5.94 Year 18 31.56 24.54 10.08 6.12 Year 19 32.82 25.53 10.38 6.30 Year 20 34.13 26.55 10.70 6.49
Haldia Development Authority (HDA) Appendices to Concession Agreement
44
APPENDIX – 16 TENTATIVE LIST OF WORKS
A) Tentative List of Civil Works to be undertaken during first 5 years
Sl No Name of Work
1 Repair of Three Raw Water Receiver, 6 Nos Sample Collecting Platform, Settle Water
inlet well and Settle Water Channel including desiltation work at Geonkhali.
2 Changing the coarse sand at 16 nos. filter bed, approx quantity to be supplied = 900 cu.
M. Gravels quantity = 650 cu.m.
3 Repair and renovation works of 5 nos. toilet at Geonkhali
4 Repairing works of pipeline near IOCL's motel
5 Repairing works at new 25 MGD WTP including shed repairing works over DAF
building, repair works at CWR, construction of security room, etc.
6 Repair and Renovation of Raw Water Intake Jetty for WTP(Ph-I) at Geonkhali
7 Construction of FOR R.C.C. Retaining Wall for protection of Jetty.
8 Repairing Works of 30 Nos Existing Pipe Supporting Bridge.
B) Tentative List of Electro-mechanical works to be undertaken by the bidder during 1st five
year
Sl No Location Description of Work
1
Raw Water Pump
House
Supply & Installation of online TDS Meter at Raw Water
Pump House
2 Replacement of NRV with PDV
3 Repair of Vacuum Pumps
4 Replacement of Sluice Valves of 1100 mm dia at Raw water
main
5 Raw Water Pump
House -Ph-I
Supply & Installation of Higher Capacity Pump and Motor at
RWPS Ph-I to combat with salinity (Stainless Impeller and
Squirrel Cage motor)
Haldia Development Authority (HDA) Appendices to Concession Agreement
45
Sl No Location Description of Work
6
Laboratory at
Geonkhali
Supply & Installation of Spectrophometer, Model:
Spectroquant, Make:Merck, Germany with Serological water
bath-13 Ltr., Jar Test Apparatus, Analytical Balance, Induction
Heater, Computer(HP) & Scanner (HP)
7
Supply & Installation of measuring kit with meter, electrode
arm, USB cables etc. for measurement of
pH/conductivity/TDS/Resistivity/Salinity, Make-Thermo
(Brand: Fisher Scientific Accumet)
8 Inlet Channel & Pre-
Settling Tank
Repair of Sluice Gate at Inlet Channel
9 Supply & Installation of Ultrasonic Level Indicator at each
Channel and Settling Tank
10 Settle Water Pump
House
Replacement of NRV with PDV
11 Providing Electro-Magnetic Flow Meter for Raw Water.
12 Flush Mixer &
Purshall Flume
Providing Ultrasonic Flow meter with totaliser
13 Replacement of Flush Mixer including gear and paddle.
14
Clarifier
Replacement of Floculator including puddle
15 Repair of De-Sludging Valves
16 Replacement of De-Sludging Valves
17 Replacement and Re-Alignment of Rail
18 Filter House
Replacement of Control Desk including provision of ROF and
LOH meter
19 Repair of Pneumatic Cylinders
Haldia Development Authority (HDA) Appendices to Concession Agreement
46
Sl No Location Description of Work
20 Replacement of Pneumatic Cylinders
21 Repair of Valves
22 Supply & Installation of 450 mm Dia Butterfly Vales with
Actuator and 450 mm Dia S/V
23
Chemical House
Improvement of Chemical Dosing Pipeline including Chlorine
Dosing Pipeline
24 Repair of Alum Agitator
25 Replacement of Alum Agitator
26 Level Indicator for alum tank
27 Repair of Chemical Handling Equipment like Chain Pulley,
EOT etc
28 Clear Water Pump
House
Supply & Installation of 700 mm Dia Butterfly Valves with
Actuator
29 Supply & Installation of 1100 mm Dia Butterfly Valves with
Actuator
30 Sludge Pump House Replacement of Sludge Pumps
31
Chaitanyapur Booster
Pumping Station
Repair of Existing Level Indicator and Providing Ultra sonic
Level Indicator for Main UGR
32 Repair of Existing Level Indicator and Providing Ultra sonic
Level Indicator for HPL UGR
33 Supply & Installation of 1100 dia actuator controlled Butterfly
Valve
Haldia Development Authority (HDA) Appendices to Concession Agreement
47
Sl No Location Description of Work
34 Supply & Installation of 500 dia actuator controlled Butterfly
Valve at HPL line
35
Basudevpur Booster
Pumping Station
Repair of Existing Level Indicator and Providing Ultra sonic
Level Indicator for UGRs
36 Repairing of Valves
37 Replacement of NRV with PDV
38 Supply & Installation of 1100 dia actuator controlled Butterfly
Valve
39
Hatiberia Booster
Pumping Station
Repair of Existing Level Indicator and Providing Ultra sonic
Level Indicator for UGR
40 Repairing of Valves
41 Procurement of Rotating Assembly
42 Supply & Installation of 600 dia actuator controlled Butterfly
Valve
43 At Different
Installation Repairing of Electrical Accessories1
44
Pipeline
Supply & Installation of 1100 dia BF valve for Isolation of
pipeline including Valve Chamber
45 Supply & Installation of 700 dia BF valve for Isolation of
pipeline including Valve Chamber
46 Supply & Installation of 500 dia BF valve for Isolation of
1 Refer Serial C of this Appendix for the detailed break-up of repairing works with respect to electrical accessories.
Haldia Development Authority (HDA) Appendices to Concession Agreement
48
Sl No Location Description of Work
pipeline including Valve Chamber
47 Repairing of Valves over PG & SG.
48 Repairing and replacement of Air Valves
49 Strap Type Ultrasonic Flow meter for potable use of flow
measurement
50
1100 mm dia full bore Electro Magnetic Flowmeter for
Geonkhali To Chaitanyapur, Chaitanyapur to Basudevpur and
at Basudevpur Delivery line
51 700 mm dia full bore Electro Magnetic Flowmeter for
Geonkhali To Chaitanyapur.
52 500 mm dia full bore Electro Magnetic Flowmeter for
dedicated line of HPL at Chaitanyapur.
53
500 mm dia full bore Electro Magnetic Flowmeter for Series
of tubewell at Chaitanyapur and at MCCPTA dedicated Line,
Delivery Line of Hatiberia Pump House
54 750 mm dia full bore Electro Magnetic Flowmeter for
Secondary Grid outlet at Basudevpur.
55 Different location of
Haldia. Supply & Installation of Fire hydrant
56
Raw Water Pump
House Ph-II
Supply & Installation Vacuum Pump in newly constructed
Raw Water Pump House
57
Supply & Installation of Higher Capacity Pump and Motor at
RWPS Ph-II to combat with salinity. (Stainless Impeller and
Squirrel cage motor)
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Sl No Location Description of Work
58
Central Office
Leak Detector
59 Pipe Locator
60 Valve Locator
61 GIS software
62 Consumer Location
Replacement of old and non-functional water meters within
consumer premises and installation of online water
consumption monitoring system only withing premise of
majors consumer such as HPL, MCCPTA, IOCL, TATA
POWER and 30 nos water meters (meter size varies from 20
mm to 150 mm dia) installed at Municipality
C) The detailed Break-up of repairing work of Electrical Accessories have been mentioned in
the table below.
Sl. No. Description Of Work
1 Repairing of 6 nos. Motor at clear water pump house and settle water pump house at
Geonkhali old WTP.
2 Repairing of starter panel at Geonkhali old WTP.
3 Supply & Installation of Battery Bank at Chaitanyapur Pumping Station.
4 Repairing of capacitor Bank at Geonkhali old WTP.
5 Supply & Installation of capacitor Bank at Chaitanyapur Pumping Station.
6 Supply & Installation of capacitor Bank at Basudevpur Pumping Station.
7 Miscellaneous work (street lighting work, laying of cable, panel repairing etc.)
8 Panel repairing at Basudevpur Pumping Station (For ADM office, SGS etc).
9 Dismantling of existing and Supply, installation, testing and commissioning of new
shunt trip, 12KV, 350MVA,1250/800A, 4Panel (IN 1+OG 3)
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10 Dismantling & removal of existing rest part of “L & MV PANEL” and manufacturing,
supply, installation, testing and commissioning of the L & MV panel.
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APPENDIX – 17 SUBSTITUTION AGREEMENT
THIS SUBSTITUTION AGREEMENT is made at ………. on this the……………………day
of…………..20…;
BETWEEN
1. HALDIA DEVELOPMENT AUTHORITY, a statutory authority under the West Bengal Town
and Country (Planning and Development) Act, 1979 and having its office at Haldia Unnanyan
Bhawan City Centre, P.O. Debhog, Haldia, Purba Medinipur, hereinafter referred to as “H.D.A.”
(which expression shall unless excluded by or repugnant to the context, be deemed to mean and
include its successors and assigns) of the FIRST PART;
AND
2. ……………………………………., a company incorporated under the provisions of the
Companies Act, …………. and having its registered office at ……………………, India,
hereinafter referred to as the "Concessionaire" (which expression shall, unless repugnant to the
context or meaning thereof, include its successors and permitted assigns and substitutes) of the
SECOND PART;
AND
3. .…………………, ……………………………. and ………………, having its registered office at
………………………….. acting for itself and for and on behalf of the Lenders listed in Schedule
1 hereto (hereinafter referred to as the "Lenders’ Agent”) of the THIRD PART:
(H.D.A., the Concessionaire and the Lenders’ Agent are hereinafter collectively referred to as the
"Parties" and individually are hereinafter referred to as "Party").
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WHEREAS
A. By the Concession Agreement dated ……………….. entered into between H.D.A. and the
Concessionaire, H.D.A. has granted to the Concessionaire the Concession subject to and on the
terms, conditions and covenants set forth in the said Concession Agreement or forming part
thereof.
B. In consideration of the financial assistance granted by the Lenders to the Concessionaire pursuant
to the terms and condition of the Financing Documents, the Parties have agreed subject to the
terms and conditions of the Concession Agreement and the Financing Documents, that the
Lenders shall have the right to substitute the Concessionaire with a Selectee (as defined
hereunder) for the residual period of the Concession Period on the terms, conditions and
covenants mentioned hereinbelow.
C. As a condition to making any disbursement pursuant to the Financing Documents, the Lenders
have required and it is deemed necessary and expedient to record the terms, conditions and
covenants of the above agreement between the Parties.
NOW THEREFORE THE PARTIES HERETO HEREBY AGREE AND THIS
AGREEMENT WITNESSETH as follows:
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ARTICLE 1
DEFINITIONS
1.1 For the purpose of this Agreement, the following terms shall have the meaning hereinafter
respectively assigned to them
Each capitalised term used herein and not otherwise defined shall have the definition assigned to
such term in the Concession Agreement.
1.1.1 “Award” shall have the meaning ascribed thereto in Clause 7.11
1.1.2 "Event of Default" means the occurrence of any of the following events
(i) A Material Breach by the Concessionaire of the Concession Agreement, or the
occurrence of a Concessionaire Event of Default as defined in the Concession
Agreement.
(ii) A material default in payment by the Concessionaire to all or any of the Lenders under
the Financing Documents (as approved by HDA) of any two installments, either of
principal or interest or both, due and payable by it on account of Lenders’ Dues.
(iii) Any event of default under or a material breach of any of the terms of any of the
Financing Documents (as approved by HDA) or Project Agreements (as approved by
HDA) which in the sole opinion of the Lenders’ Agent is material or substantial and
which have adverse effect on the ability of the Concessionaire to meet its payment
obligations to the Lenders under the Financing Documents or amounts to Material Breach
under the Concession Agreement.
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1.1.3 "Financial Assistance" means the loans, advances and other funding assistance including any
syndicated/ participation facility provided by the Lenders in accordance with the Financing
Documents (as approved by HDA).
1.1.4 “H.D.A. Nominee” shall have the meaning ascribed thereto in Clause 3.5(i)
1.1.5 "Lenders’ Agent" means ……………………………… a statutory corporation established under
the provisions of the …………………….. and having its principal office at ......................... and
any replacement thereof appointed by all the Lenders, inter alia, on-the condition that as security
for the Financial Assistance they shall have the right to seek transfer and assignment of the
Concession Agreement including the Concession in accordance with the provisions of this
Agreement.
1.1.6 "Lenders’ Certificate" shall have the meaning ascribed thereto in Clause 2.2(b).
1.1.7 "Lenders’ Dues" means the aggregate of all monies remaining outstanding and owing by the
Concessionaire to the Lenders under the Financing Documents on account of principal thereunder
for funding the Project, and all accrued interest, additional interest, liquidated damages,
commitment fees, commission, prepayment premium, costs, charges and other monies including
financing charges and fees remaining outstanding and owing by the Concessionaire to the
Lenders under the Financing Documents for the Project up to the Transfer Date. .
1.1.8 "Notice of Default" shall have the meaning ascribed thereto in Clause 2.2(a).
1.1.9 "Proposal" shall have the meaning ascribed thereto in Clause 3.1 (iii).
1.1.10 "Selectee" means a new concessionaire proposed by the Lenders pursuant to this Agreement and
approved by H.D.A. for substituting the Concessionaire for the residual of the Concession Period
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by supplementing the existing Concession Agreement or by the execution of a fresh concession
agreement.
1.1.11 "Substitution Notice" means the notice given by the Lenders’ Agent pursuant to Clause 2.2 (c) of
this Agreement.
1.2 In this agreement unless the context otherwise requires :
a) any reference to a statutory provision shall include such provision as is from time to time
modified or re-enacted or consolidated so far as such modification or re-enactment or
consolidation applies or is capable of applying to any transactions entered into hereunder;
b) the words importing singular shall include plural and vice versa, and words denoting natural
persons shall include partnerships, firms, companies, corporations, joint ventures, rusts,
associations, organisations or other entities (whether or not having a separate legal entity);
c) the headings are for convenience of reference only and shall not be used in and shall not affect the
construction or interpretation of this Agreement;
d) the words "include" and "including" are to be construed without limitation;
e) any reference to a "day' shall mean reference to a calendar day;
f) any reference to "month" shall mean reference to a calendar month;
g) the Schedules to this Agreement form an integral part of this Agreement and will be in the force
and effect as though they were expressly set out in the body of this agreement;
h) any reference at any time to any agreement, deed, instrument, license or document of any
description shall be construed as reference to that agreement, deed, instrument, license or other
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document as amended, varied, supplemented, modified or suspended at the time of such reference
provided that this clause shall not operate so as to increase liabilities or obligations of H.D.A.
hereunder or pursuant hereto in any manner whatsoever;
i) references to recitals, clauses, sub-clauses, paragraphs, or schedules in this agreement shall,
except where the context otherwise requires, be deemed to be references to recitals, articles,
clauses, sub-clauses, paragraphs, annexures, appendices of this Agreement.
j) Any agreement, consent, approval, authorisation, proposal, notice, communication, information
or report required under or pursuant to this Agreement from or by any party or Lender(s) shall be
valid and effectual only if it is in writing under the hands of duly authorised representative of
such Party or the Lender(s), as the case may be, in this behalf and not otherwise; and
k) any reference to any period commencing "from" a specified day or date and "till" or until" a
specified day or date shall include both days or dates.
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ARTICLE 2
SUBSTITUTION OF THE CONCESSIONAIRE BY A SELECTEE
2.1 In consideration of the Financial Assistance by the Lenders to the Concessionaire pursuant to the
Financing Documents, the Concessionaire and H.D.A. hereby irrevocably agree to substitute the
Concessionaire by a Selectee on the happening of Event of Default for the purpose of securing the
full payments of the Lenders’ Dues subject to the terms and conditions in this Agreement,
provided that nothing contained herein shall entitle the Lenders to operate the Concession
themselves as a concessionaire under and in accordance with Concessionaire Agreement either
individually or collectively.
2.2 (a) Immediately on the occurrence of an Event of Default, the Lenders’ Agent shall notify by
a written notice to the Concessionaire, with a copy thereof simultaneously to H.D.A.,
requiring the Concessionaire to remedy and cure such default within 30 (thirty) days from
the date of delivery of such notice of the Concessionaire (the "Notice of Default"). The
Notice of Default shall be accompanied by the Lenders’ Certificate.
(b) The Notice of Default served in accordance with Clause 2.2(a) above, shall be
accompanied by a certificate under the hands of an authorised officer of the Lenders’
Agent certifying -
i) the nature of Event of Default that occurred, and
(ii) the Lenders’ Dues as at the date of the Notice of Default,
(the "Lenders’ Certificate"). In the absence of manifest error, the Lenders’ Certificate
shall be conclusive evidence of occurrence of such Event of Default and of such Lenders’
Dues. Such Lenders’ Certificate shall be final, conclusive and binding upon the
Concessionaire for the purposes of this Agreement and the Financing Documents.
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(c) H.D.A. and the Concessionaire hereby irrevocably agree that the Lenders’ Agent may, on
behalf of all the Lenders, within 30 (thirty) days of the date of delivery of the Notice of
Default to the Concessionaire and without prejudice to any other right or remedy
available to the Lenders under the Financing Document, notify H.D.A. and the
Concessionaire in relation to the Lenders’ decision to invite, negotiate and procure offers,
either through private negotiations or public auction or process of tendering of the rights
and obligations of the Concessionaire under the Concession Agreement, to a Selectee (the
"Substitution Notice") PROVIDED HOWEVER that the Lenders’ Agent shall take the
approval of H.D.A. before finalisation of the selection process.
(d) Upon assumption by the Selectee of the rights, liabilities and obligations of the
Concessionaire under the Financing Documents and the Concession Agreement including
obligation to pay any sums then due and payable to H.D.A. under the Concession
Agreement (“Effective Date”), H.D.A. shall grant the Concession to the Selectee on the
same terms and conditions for the residual of the Concession Period, by supplementing
the Concession Agreement or, if required by the Lenders’ Agent by a separate agreement
with the Selectee. For the avoidance of doubt, on the Effective Date, the Selectee shall for
all purposes of the Concession Agreement has the benefit of all rights and shall assume
all liabilities and obligations of the Concessionaire under the Concession Agreement and
the Financing Documents. Thereafter, all reference in the Concession Agreement to the
Concessionaire shall be construed as reference to the Selectee.
2.3 In the selection of the Selectee, the Lenders’ Agent shall apply the following criteria :
(i) the Selectee shall be capable of properly discharging the duties, obligations and liabilities
of the Concessionaire under the Concession Agreement;
(ii) the Selectee shall provide security to the satisfaction of Lenders for repayment of the
Lenders’ Dues remaining outstanding, due and payable as at the date of the Notice of
Default;
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(iii) the Selectee shall have the capability and shall unconditionally consent to assume all the
liability of the Concessionaire to H.D.A. under and in accordance with the Concession
Agreement (including all payments and discharge of dues) and of Lender's Dues upon the
terms and conditions as agreed to with the Lenders ;
(iv) the Selectee shall have the net worth, experience and technical equity parameters as set
forth in the Concession Agreement and prescribed by H.D.A. thereunder in respect of the
Concessionaire or as relaxed subsequently by H.D.A., as the case may be;
(v) the Selectee shall have not been in breach of any agreement between the Selectee and
H.D.A.; and
(vi) any other appropriate circumstance, whereby continuity in the performance of the
Concessionaire's obligations under the Concession Agreement are maintained and the
security in favour of Lenders under the Financing Documents is preserved and
maintained, on terms and conditions not less favourable than that under the Concession
Agreement or the Financing Documents, as the case may be.
2.4 At any time prior to the acceptance of the Selectee by H.D.A. pursuant to this Agreement, the
H.D.A. may require the Lenders’ Agent to satisfy H.D.A. as to the eligibility of the Selectee and
the decision of the H.D.A. in this behalf (which shall be reasonable), shall be final, conclusive
and binding on the Lenders and the Selectee.
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ARTICLE 3
MODALITY FOR SUBSTITUTION
3.1 The following modalities shall be applicable to any substitution of the Concessionaire by the
Selectee pursuant to this Agreement
(i) The Lenders’ Agent may invite, negotiate or procure offers either through private
negotiations or public auction or process of tender or otherwise for the substitution of the
Concessionaire by the Selectee (which process of selection shall be subject to prior
approval of H.D.A.):
(ii) The Lenders’ Agent shall on behalf of the Lenders propose to H.D.A. pursuant to
sub-clause (iii) below, the name of the Selectee for acceptance and shall apply as
necessary to H.D.A. for:
(a) grant to the Selectee (as substitute for the Concessionaire) the right to develop
the Project under and in accordance with and subject to and on the same terms
and conditions set forth in the Concession Agreement,
(b) supplementing the Concession Agreement so as to substitute the Concessionaire
with the Selectee on the same terms and conditions under the Concession
Agreement, for the residual of the Concession Period ,
c) the execution of a new agreement or a supplemental to the Concession
Agreement with the identified Selectee for purpose of substituting the
Concessionaire with the identified Selectee for the residual of Concession Period,
on the same terms and conditions of the Concession Agreement, and
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(iii) The Lenders’ Agent on behalf of the Lenders shall be entitled, within a period of 120
(one hundred twenty) days from the date of delivery to H.D.A. of the Substitution Notice
pursuant to Clause 2(c) above, to select and propose to H.D.A. for its approval a Selectee
selected as contained in this Agreement (the "Proposal"). The Proposal of the Lenders’
Agent pursuant to this sub-clause (iii) shall contain the particulars and information in
respect of the Selectee, the Lenders’ Dues as at the date of the Notice of Default and
other data and information. Without prejudice to the foregoing the Lenders’ Agent agrees
and undertakes to provide to H.D.A. such further and other information and such
clarifications in respect of any data, particulars or information furnished pursuant hereto
by the Lenders’ Agent as H.D.A. may reasonably require. H.D.A. shall convey its
approval or otherwise of such Proposal, including of Selectee, in its sole discretion within
60 (sixty) days of (a) the date of receipt of the Proposal by H.D.A., or (b) the date when
last of further and other information and such clarifications in respect of any data,
particulars or information comprised in the Proposal, as have been provided by the
Lenders’ Agent to H.D.A., whichever is later. It is expressly agreed that the Proposal
shall be accompanied by an unconditional undertaking of the Selectee that it shall upon
approval by H.D.A. of the Proposal including the Selectee, observe, comply, perform and
fulfill the terms, conditions and covenants of the Concession Agreement which according
to its terms are required to be observed, complied with, performed and fulfilled by the
Concessionaire thereunder on the footing as if such Selectee were the concessionaire
under the Concession Agreement and shall be liable for and shall assume, discharge and
pay such Lenders’ Dues to the Lenders under and in accordance with the Financing
Documents. Upon approval of the Proposal including of the Selectee by H.D.A., such
Selectee shall become the Selectee hereunder.
(iv) H.D.A. shall, upon its satisfaction of the eligibility of the Selectee and in accordance with
the provisions of this Agreement and subject to the provisions of Sub-clause (v) below
proceed to substitute the Concessionaire with the Selectee for the residual of the
Concession Period by supplementing the Concession Agreement or by execution of a
fresh agreement or such other writing as H.D.A. may reasonably require on the same
terms and conditions of the Concession Agreement.
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(v) The substitution as aforesaid shall be subject to the Selectee, obtaining requisite HDA
and other applicable approvals, clearances and permission of the Competent Authority
(including the Applicable Permits) necessary for implementing and operating the
Concession under and in accordance with the Concession Agreement.
(vi) The objection if any of H.D.A. to the substitution as aforesaid shall be reasoned and be
made, after hearing the Lenders’ Agent, provided however, that in the event of a refusal
as stated above, the Lenders’ Agent may propose another Selectee. In the event that no
objection is raised with respect to the Selectee by H.D.A. within the period set forth in
sub-clause (iii) above, the Selectee shall be deemed to have been accepted by H.D.A.
H.D.A. shall, subject to the provisions of Sub-clause (v) above, grant the Concession to
the Selectee for the residual of the Concession Period, within 15 days of its
acceptance/deemed acceptance of the Selectee and the Proposal.
(vii) The substitution as aforesaid, pursuant to the security interest hereby created in favour of
the Lenders, shall be deemed to be complete only upon the Selectee as concessionaire
accepting and complying with the terms and conditions stipulated in the Concession
Agreement.
(viii) The decision of the Lenders and H.D.A. in the selection of the Selectee shall be final and
binding on the Concessionaire and shall be deemed to have been made with the
concurrence of the Concessionaire and the Concessionaire hereby expressly waives all
rights to object to or challenge such selection of the Selectee on any ground whatsoever.
No third party shall have the right to question the decision of the Lenders/Lenders’ Agent
and H.D.A.
(ix) All actions of the Lenders’ Agent hereunder shall be deemed to be on behalf of the
Lenders, and be binding upon them. The Lenders’ Agent is authorised to receive payment
of compensation, payment to cure default and any other payments, consideration for
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transfer in accordance with the Substitution Notice and the Financing Documents and
give valid discharge on behalf of all Lenders.
3.2 The terms and conditions for substitution of the Concessionaire by the Selectee shall be proposed
by the Lenders through the Lenders’ Agent to the H.D.A. for its approval, on the occurrence of an
Event of Default and continuance thereof for-six months but at least 2 months prior to the
anticipated date of substitution as aforesaid for the residual of the Concession Period.
3.3 Subject to the terms and conditions of the Concession Agreement and the Financing Documents,
the Concessionaire hereby irrevocably agrees and waives any right to challenge the Lenders’
decision to apply to H.D.A. for substitution as aforesaid and neither the Concessionaire nor
H.D.A. shall be entitled to prevent the Lenders’ Agent from proceeding to, seek such a
substitution of the Concessionaire by Selectee as herein before provided. The Concessionaire
agrees and confirms that the Concessionaire shall not have any right to seek re-valuation of the
Concessionaire's assets and the Concession Agreement including the Concession, otherwise than
as contracted in the Financing Documents while the H.D.A. permits substitution as herein before
provided, pursuant to the Lenders Agent's request in the manner hereinabove contained. The
Parties acknowledge that the rights of the Lenders hereunder are irrevocable and shall not be
contested in any proceedings before any court or authority and the Concessionaire shall have no
right or remedy to prevent, obstruct, injunct or restrain H.D.A. and/or the Lenders from effecting
or causing the substitution as aforesaid in accordance with the terms and conditions contained in
this Agreement.
3.4 Where no suitable Selectee can be found by the Lenders’ Agent or H.D.A. shall decide to take
over the concession then H.D.A. shall advise the Lenders’ Agent of all steps it proposes to take
under the Concession Agreement for determination of Termination Payments thereof.
3.5 (i) If H.D.A. in its discretion, decides to substitute the Concessionaire by itself or any other
person otherwise than the Selectee (“H.D.A. Nominee”), it shall take into account the
Lender's Dues while considering offers from such persons and shall include a suitable
condition as agreed to by the Lenders’ Agent on behalf of the Lenders for payment or
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take over of such dues by such H.D.A. Nominee to the extent agreed by the Lenders’
Agent while substituting the Concessionaire with the H.D.A. Nominee. The H.D.A.
Nominee shall similarly be bound to execute a supplementary/fresh substitution
agreement on the same terms and conditions as provided herein.
(ii) Notwithstanding anything contained in Clause 3.4 and this Clause 3.5 but subject to the
terms and conditions of the Concession Agreement, H.D.A. shall never be required to
take over, upon termination of the Concession Agreement including the Concession, the
liabilities representing the Lender's Dues save and except to the extent of Termination
Payments due and payable upon such Termination under the Concession Agreement
together with such other liabilities and payments of dues as H.D.A. is liable to under the
Concession Agreement.
3.6 Nothing contained in these presents shall mean or be interpreted as provision of any guarantee or
surety by H.D.A. and it is expressly agreed that H.D.A. has not provided any surety, guarantee or
counter guarantee whether directly or indirectly for the recovery of amount of Financial
Assistance advanced by the Lenders to the Concessionaire pursuant to the Financing Documents.
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ARTICLE 4
INTERIM PROTECTION OF SERVICE AND PRESERVATION OF SECURITY
4.1 In the event of the Lenders notifying H.D.A. and the Concessionaire of the occurrence of an
Event of Default (whereby the Concessionaire has not been able to cure the default within the
timeline prescribed under the Concession Agreement and/or the respective Financing Documents,
as the case may be) the Lenders shall be entitled to institute protective legal proceedings for a
receivership (the "Receiver") to maintain, preserve and protect the assets (other than the
Concession Agreement including the Concession) held as security by the Lenders pursuant to the
Financing Documents provided always that such Receiver shall be H.D.A. if such assets are in the
opinion of H.D.A. necessary and required for the O&M of the Project and the Parties hereby
consent and agree to the same. The Lenders’ Agent shall in such an event notify H.D.A. to
assume receivership of such assets and H.D.A. may operate and maintain the same pending the
substitution of the Concessionaire by the Selectee. In the event H.D.A. does not assume
receivership and declines such request of the Lenders’ Agent, the Lenders’ Agent shall for itself
and each of the Lenders, be entitled to seek the appointment of a court receiver for the
Concessionaire's assets held as security by the Lenders under the Financing Documents and
H.D.A. may operate and maintain the same pending substitution as aforesaid and/or the takeover
of the Concession Agreement including the Concession and the Project in accordance with the
Concession Agreement or this Agreement by the H.D.A.. All the receivables shall be deposited
by the Receiver into the Revenue Collection Account and shall be dealt with in accordance with
the Concession Agreement. The Receiver shall be responsible for protecting the assets in
receivership and shall render a true and proper account of the receivership to the Lenders in
accordance with the terms of its appointment. The Receiver shall ensure that it operates and
maintains the Project, in accordance with the obligations of the Concessionaire under the
Concession Agreement. Any person other than H.D.A. may be appointed as receiver only with
the prior consent of H.D.A. in a declaratory suit for appointment of a Receiver, notwithstanding
that no recovery or mortgage suit or any suit or proceeding for enforcement of the Lenders'
security under the Financing Documents is instituted by the Lenders’ Agent for itself or the
Lenders, any action for appointment of H.D.A. as Receiver or appointment of an independent
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court receiver shall be without prejudice for the other rights and remedies of H.D.A., and of the
Lenders under the Financing Documents.
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ARTICLE 5
TERMINATION OF THE CONCESSION BY THE H.D.A.
5.1 If under the Concession Agreement an event occurs which shall entitle H.D.A. to terminate the
Concession Agreement, H.D.A. in addition to its obligations under the Concession Agreement,
shall intimate the Lenders prior to exercising of its decision to terminate the Concession
Agreement and advise the Lenders to ensure the cure of the event which otherwise can result in
termination of the Concession and the Concession Agreement. Such a notice shall entitle the
Lenders to cure any financial or other default of the Concessionaire within a period of two (2)
months from the date of the notice received from the H.D.A. failing which H.D.A. without any
further notice to either the Concessionaire or the Lenders Agent/Lenders, shall be entitled to
terminate the Concession Agreement.
5.2 Upon receipt of the notice as referred to in Clause 5.1, intimating occurrence of an event which
can entail termination of the Concession Agreement including the Concession, the Lenders shall
be entitled to consider such notice as an Event of Default and may initiate steps to invite,
negotiate and procure offers for the substitution of the Concessionaire by a Selectee in accordance
with the procedure set forth in this Agreement.
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ARTICLE 6
LENDERS RIGHT TO RECEIVE TERMINATION PAYMENTS
6.1 H.D.A. and Concessionaire hereby agree, and confirm that without prejudice to any other right or
remedy, H.D.A. shall be entitled to deposit the Termination Payments into a suitable Account and
the Lenders shall be entitled to receive the same without any further reference to or consent of the
Concessionaire under and in accordance with the Concession Agreement towards the satisfaction
of the Lenders’ Dues out of and limited to the sum of Termination Payments worked out under and
in accordance with the Concession Agreement. The Lenders shall be entitled to appropriate any
consideration received for the substitution as hereinabove provided from the Selectee towards the
payment of their and H.D.A.'s respective dues to the exclusion of the Concessionaire.
6.2 The Concessionaire hereby nominates, constitutes and appoints the Lenders’ Agent as its
constituted attorney for doing all acts, deeds and things as may be required to be done for the
substitution of the Concessionaire by the Selectee pursuant hereto and for receiving consideration
for discharge of the Lenders' Dues pursuant to Clause 6.1,
6.3 The Concessionaire hereby expressly authorises payment of sums by H.D.A. on account of
Termination Payments into a suitable Account and the Lenders’ Agent to draw the same
therefrom for and on behalf of the account of the Lenders notwithstanding the tendency of any
dispute or objection or claim that the Concessionaire may have against the Lenders and/or H.D.A.
The deposit by H.D.A. into the aforesaid Account and payment to the Lenders directly or through
the Lenders’ Agent in accordance with this Agreement, made or caused to be made by H.D.A.
shall constitute a valid discharge of its obligation of the payment thereof to the Concessionaire.
All such payments shall stand charged to the Lenders under the Financing Documents and shall
be receivable by the Lenders’ Agent from the said Account on behalf of the Lenders to the
exclusion of any receiver or liquidator appointed.
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ARTICLE 7
GENERAL
7.1 The Parties hereto expressly represent and warrant that they are duly empowered to sign and
execute this Agreement and the Lenders’ Agent is duly and fully authorised by each of the
Lenders to enter into this Agreement on their behalf.
7.2 Notices under this Agreement shall be sent to the addresses first hereinabove mentioned. Any
change in the address of any Party shall be duly notified by a Speed/Registered Post with
Acknowledgement Due and delivered to the other Parties.
7.3 The expressions "H.D.A.", the "Concessionaire", the "Lenders" and the "Lenders’ Agent" herein
used shall unless there be anything repugnant to the subject or context include their respective
successors, legal representatives, administrators and permitted assigns.
7.4 This Agreement shall not be affected by reorganisation of any Lender, Lenders’ Agent or H.D.A.
and the successor - in interest of such Lender, Lenders’ Agent or H.D.A. shall have the benefit of
this Agreement.
7.5 No amendment, variation or modification to this Agreement shall be valid and effectual unless
made in writing and executed by the duly authorised representatives of all the Parties hereto.
7.6 All stamp duties or other imposts and charges as are applicable on this Agreement or on
amendment of the Concession Agreement or execution of fresh Concession Agreement for the
purpose of substitution as aforesaid shall be borne by and be to the account of the Concessionaire.
In the event of the Lenders making such payment for the time being, it shall be deemed to be a
part of the Lenders’ Dues.
7.7 The Parties hereby expressly agree that for the purpose of giving full and proper effect to this
Agreement, the Concession Agreement and this Agreement shall be read together and construed
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70
harmoniously. The terms of this Agreement shall prevail in the event of any inconsistency with
the Concession Agreement unless specifically provided otherwise.
7.8 The consultation, recommendation or approval of the Lenders’ Agent under this Agreement shall
always be taken as consultation, recommendation or approval of every concerned Lender and
each such Lender shall be bound by the same and hereby waives its right to question or dispute
the same.
7.9 This Agreement shall be in addition to and shall not be in derogation of the terms of the
Financing Documents.
7.10 It shall not be necessary for the Lenders or the Lenders’ Agent to enforce or exhaust any other
remedy available to them before invoking the provisions of this Agreement.
7.11 If the Parties are unable to resolve the disputes amongst themselves amicably, then any of the
Parties may approach the courts at Haldia, West Bengal, which shall alone have jurisdiction to the
exclusion of all other Courts over all matters arising out of or relating to this Agreement for
resolution of the disputes in question.
7.12 A person who is not a party to this Agreement has no right whatsoever to enforce any term of its
term or enjoy the benefits of this Agreement.
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71
SCHEDULE 1
DETAILS OF THE LENDERS AND THE FINANCIAL ASSISTANCE
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72
IN WITNESS WHEREOF the parties hereto have set their hands hereunto on the day, month and year
hereinabove mentioned.
SIGNED AND DELIVERED ON BEHALF OF
HALDIA DEVELOPMENT AUTHORITY
BY:……………………………………………
Name:
Title:
SIGNED AND DELIVERED ON BEHALF OF THE
CONCESSIONAIRE
BY:……………………………………………..
Name
Title:
SIGNED AND DELIVERED ON BEHALF OF
LENDERS’ AGENT
BY:……………………………………………..
Name:
Title:
Haldia Development Authority (HDA) Appendices to Concession Agreement
73
APPENDIX – 18 MODEL CUSTOMER SERVICE RULES
1. The Concessionaire shall ensure water equality in compliance with the specifications and
standards set forth Bureau of India Standards (BIS) and CPHEEO.
2. The Concessionaire shall ensure volume of supply to customers as per the agreement between the
Customer and HDA.
3. The Concessionaire shall ensure that Customers are informed of all planned interruption more
than 24 hours in advance.
4. In case of pipe burst, the Concessionaire shall commence the rectification activities within 6
hours from the time of receipt of complaint.
5. The Concessionaire shall establish round-the-clock customer-call centre for the case of
communication.
6. The Concessionaire shall establish a website with full information pertaining to the services
provided, i.e. Water Charges, Complaint redressal time schedule and time from Contact details,
Services Provided, Tariffs, Customer Information and frequently asked Questions (FAQs), etc.
7. The monthly invoices to be paid by the Customers shall be calculated in accordance with the
approved water tariff and the water consumption derived from the water meters.
8. The Customers will pay the invoice within 15 days from the date of the invoice failing which the
concessionaire shall be permitted to charge interest/penalty as per the terms and conditions of the
agreement between HDA and Customer.
9. In the event any of the invoice(s) issued by the Concessionaire to the Customers are not paid by
Customer(s) (“Defaulting Customer”) within prescribed time, appropriate steps recover
outstanding dues including by disconnection of water supply as per Applicable Law may be
taken.
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74
10. If the Customers after disconnection of the Services settles and pay all the dues of the invoice(s),
the Concessionaire shall promptly intimate the same to HDA. HDA after recovering the re-
connection charges shall approve the resumptions of the supply and the Concessionaire shall
resume the supply within 24 hours of such approval.
11. If service tax or any other Taxes, charges or cess etc. is chargeable from the customers in relation
to the Water supply, that shall be added into the invoice and shall be paid by the customer.
12. All Customers shall pay the rental of customer meters @ Rs.10/- (Rupees Ten only) per month
which shall be charged through the monthly charges.
13. In the event the customer meter is out of order or do not function, the bill for the said period will
be prepared on the basis of average consumption for the last three (3) months.
14. The Customer under any circumstances shall not have any right against the HDA and
concessionaire in the event of disruption of water supply due to:
a. Power failure
b. Plant shutdown due to deteriorated raw water quality
c. major breakdown
15. The Customer must at all times allow the Concessionaire’s men and agents, free access to the
Customer’s premises to read/test the meter and carry out necessary works.
16. The Customer must at all times cooperate and allow access to the Concessionaire and its
representatives to undertake any rehabilitation of distribution network to the Customer’s
premises.
17. Internal water distribution within each premises shall be the responsibility of premises owner.
18. A quality and Testing Centre shall be maintained by the Concessionaire as per Good Industry
Practice. The Concessionaire shall also develop and institute a quality assurance system and
implement the same.