Haldia Development Authority (HDA) Appendices to Concession Agreement 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 1 Haldia Development Authority (HDA) Appendices to Concession Agreement 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 2 Haldia Development Authority (HDA) Appendices to Concession Agreement 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: 3 Haldia Development Authority (HDA) Appendices to Concession Agreement Thanking You, Yours Faithfully, Authorised Signatory of the Bidder Name of the Bidder/Consortium Dated: 4 Haldia Development Authority (HDA) Appendices to Concession Agreement 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. 5 Haldia Development Authority (HDA) Appendices to Concession Agreement 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: 6 Haldia Development Authority (HDA) Appendices to Concession Agreement 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) 7 Haldia Development Authority (HDA) Appendices to Concession Agreement 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 Contractual Sl No Customer Name 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