Beruflich Dokumente
Kultur Dokumente
FOR
ISSUED BY
JUNE 2013
Punjab Energy Development Agency
Solar Passive Complex
Plot No. 1 & 2, Sector 33-D, Chandigarh
Ph.: 0172-2663328, 2663382 Fax: 0172-2662865 Website : www.peda.gov.in
Punjab Energy Development Agency, the state nodal agency for promotion and development of New
and Renewable Energy Projects in the State of Punjab invites offers from the interested project
developers to participate in the selection process for setting up of Mini Hydel Projects at the locations
mentioned below. The detailed terms and conditions, scope of work, eligibility criteria, selection
process, Performance Guarantee, manner and place of submission of Bids etc. are given in the RfP
document, which can be downloaded from the www.etender.punjabgovt.gov.in. or www.peda.gov.in
The important information and bidding schedule is as under:
Bid Processing Non-refundable Bid evaluation charges Rs. 50,000/- per site through IPG / RTGS mode
charges
Earnest Money Earnest Money @ Rs. 5,00,000/- (Five Lakhs only ) per site for projects upto 1 MW and
Deposit Rs. 10,00,000 (Ten Lakhs only) per site for projects above 1 MW to 3 MW shall be
deposited through IPG / RTGS mode or in shape of Bank Guarantee valid for 210 days from
the date of submission of e-bid by uploading scanned copy of original bank guarantee. The
original bank guarantee must be submitted at the time of opening of Techno-commercial e-
bids.
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2. Prospective Project Developers are requested to remain updated for any notices, amendments /
modifications / clarification etc. to RfP document conditions, in the website
www.etender.punjabgovt.gov.in or www.peda.gov.in only. No separate notifications will be given for
such notices, amendments / modifications / clarifications etc., in the print media (press) or
individually.
3. For participating in the above e-tendering process, the bidders shall have to get themselves
registered with etender.punjabgovt.gov.in and get user ID and Password. Class-3 Digital
Signature is mandatory to participate in the e-tendering process. For any clarification/difficulty
regarding e-tendering process flow, please contact PEDA at 0172-2648004, 98156-02615, 85588-
70510 or 0172-3934667, 92572-09340, 80546-28821.
4. Technical / Financial Bid Forms in RfP are for reference purposes only. Bidders have to download
the Bid Forms from e-tendering website only after payment of RfP document cost.
5. PEDA / Punjab Govt. reserve the right to accept or reject any or all the bids and also annul the
entire bidding process without assigning any reason thereof.
DIRECTOR
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TABLE OF CONTENTS:
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Section Contents Page No.
3.7 Short listing of Projects 61
3.8 Selection of Bidders 61
3.8.1 Selection of Projects based on Lowest Net Availed 61
Tariff offered
3.9 Implementation Agreement and Facilitation Service 63
Charges
3.10 Supplementary Agreements 64
3.11 Submission of Response to RfP by Bidder by 65
Uploading Documents and Online Filling and
Submission of Summary Data Sheets on E
Tender Website.
3.12 Bidder Notification 68
3.13 Due Date 70
3.14 Participation in E - Bidding 70
3.15 Method of Submission 70
3.16 Validity of the Response to RfP 71
3.17 Preparation Cost 71
3.18 Enquiries / Clarification 72
3.19 Right of PEDA to Reject / Accept a Bid 72
3.20 Bank Guarantees 72
3.21 Minimum Equity to be held by the Promoter 75
3.22 Financial Closure or Project Financing 76
Arrangements
3.23 Commissioning 77
3.24 Project Implementation Schedule 78
Section - 4 Evaluation Criteria 79 82
4.1 Evaluation Process 80
Section - 5 Role of PEDA 83 84
5.1 Role of PEDA as a Project Facilitator 84
Section - 6 Format for Bid Submission 85 127
6.0 Formats and supporting documents for Bid 86
Submission
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Section Contents Page No.
6.1 Format for Covering Letter 88
6.2 Format for Power of Attorney 93
6.3 A Format for Earnest Money Deposit 96
6.3 B Format for Performance Bank Guarantee 100
Appendix A Check List for Bank Guarantees 104
6.4 Formats for Board Resolutions 106
6.5 Consortium Agreement 110
6.6 Format for Financial Requirement 116
6.7 Format for Technical Criteria (for information only) 120
6.8 Format for Disclosure 121
6.9 Format for Submission of Net Availed Tariff 122
6.10 Format for Declaration for Bidders 123
6.11 Format for Declaration for Bidders 124
6.12 A Summary Data Sheet Part 1 A (Qualification) 125
6.12 B Summary Data Sheet Part I B (Techno 127
Commercial)
Annexure - 1 Technical Specifications of Civil & Electrical works 130
Annexure - 2 List of Banks Scheduled Commercial Banks 131
Annexure - 3 List of Mini Hydel Project sites 132
Annexure - 4 Implementation Agreement 133-176
Annexure-5 Tripartite Agreement 177-184
Annexure-6 Land Lease Agreements between PID & PEDA 185-195
and PEDA & Developer
Key Plan of Sites Advertised in this RFP 196
Document
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GLOSSARY
Abbreviations Details
AC Alternating Current
BG Bank Guarantee
CCA Controller of Certifying Authorities
CERC Central Electricity Regulatory Commission
CLU Change of Land Use
DC Direct Current
E - Bid Electronic Bid
EDC External Development Charges
EMD Earnest Money Deposit
E - NIT Electronic Notice Inviting Tender
ETDC Electronics Test and Development Center
FSL Full Supply Level
FY Financial Year
HPD Hydro Power Developer
IA Implementation Agreement
IEC International Electrotechnical Commission
IEGC Indian Electricity Grid Code
Im Maximum Current
IPG Internet Payment Gateway
ISO International Organization for Standardization
I-V Current - Voltage
IT & C Information Technology and Communications
kV Kilo Volt
kWh Kilo Watt Hour
LoA Letter of Award
LLC Limited Liability Company
LLP Limited Liability Partnership
MoU Memorandum of Understanding
MU Million Units
MW Mega Watt
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Abbreviations Details
MNRE Ministry of New & Renewable Energy,GOI
NRSE New and Renewable Sources of Energy
NOC No Objection Certificate
PAT Profit After Tax
PBG Performance Bank Guarantee
PEDA Punjab Energy Development Agency
PID Punjab Irrigation Department
PPA Power Purchase Agreement
PPCB Punjab Pollution Control Board
PSERC Punjab State Electricity Regulatory Commission
PSPCL Punjab State Power Corporation Limited
RfP Request for Proposal
ROC Registrar of Companies
RTGS Real Time Gross Settlement
RTU Remote Terminal Unit
RD Reduced Distance
RL Reduced Level
SLDC State Load Despatch Center
SPV Special Purpose Vehicle
TPA Tripartite Agreement
Vm Maximum Voltage
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DISCLAIMER
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Section 1
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PEDA INVITES YOU TO INVEST IN MINI HYDEL PROJECTS IN THE
STATE OF PUNJAB - THE LAND OF EXCITING OPPORTUNITIES
The Punjab State has notified the NRSE Policy 2012, under which a
slew of benefits for encouraging investment in NRSE Projects have
been provided.
Punjabs New Industrial Policy is investment friendly and the state has
taken a lead in creating business and investment opportunities.
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PUNJAB AT A GLANCE
S.NO. ITEM UNIT
4 Districts 22
5 Blocks 142
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1. INTRODUCTION
With the purpose to exploit the hydro potential on the canal falls,
PEDA invites the private developers / companies to set up Mini
Hydel Power Projects for sale of power to the state utility (PSPCL).
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1.1 WHY SMALL HYDROS
Punjab has so far been meeting its power requirements primarily through
conventional large thermal and hydropower projects. The hydropower
generation fluctuates during the year depending upon the availability of
water and thermal power generation has to depend on coal which has to
be transported from pit heads of eastern part of India involving large
distances. Moreover, the cost of coal has increased manifolds in the
preceding ten years and is expected to continue to escalate further. As a
result, the cost of generation from coal will become prohibitive in the
years to come. Due to its geographic location, Punjab is strategically at a
disadvantage to augment its power generation from oil, gas and coal.
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projects which were earlier considered uneconomical are now considered
acceptable and are having techno-commercial viability in view of the
steep increase of costs of several other forms of energy, latest
technologies developed in small hydro projects and fiscal incentives
granted pursuant to the policies of the State and Central Government.
Small Hydro Power projects have attracted the attention of State &
Central Government and have been given priority because of the
following reasons:
It is environment friendly
It has short gestation periods
Smaller investment, and
Reduced transmission and distribution losses
With the aim to promote and install Small Hydros in the State of Punjab,
PEDA has planned for development of all available potential hydel sites
through private sector participation.
1.2 Background:
PEDA has successfully commissioned eight technology demonstration
Mini Hydro Projects (MHPs) having total installed capacity of 9.8 MW
on the Abohar Branch Canal & Bathinda Branch Canal and these are
generating power successfully since commissioning. These MHPs
have been developed on the principle of Syphon Intake technology
with vertical Kaplan/Semi-Kaplan turbines.
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capacity of 96.95 MW were also commissioned by PSPCL, thus total
commissioned Small / Mini Hydel Projects in the state so far are 41
Projects comprising of 133.65 MW. 19 nos. more Mini Hydel Projects
having capacity 28.44 MW, which have been allotted by PEDA to
private developers on BOO basis, are at difference stages of
execution & 1 Project of 18 MW capacity of PSPCL is also under
execution on Mukerian Hydel Channel stage-II.
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1.3 Fiscal Assistance / Benefits Available for Developers under the
NRSE Policy 2012:
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g. Wherever Irrigation land on canal banks is available, Punjab
Irrigation Department (PID) will transfer canal land to PEDA on
notional lease amount of Rs. 1.50 lac per annum per site. The
leased canal land will be subsequently transferred to the power
producers for development of Small Hydro Projects on Build,
Operate and Own basis for 38 (three years shall be considered
as construction period) years on the same terms and conditions
set forth by PID subject to further renewal on mutually agreed
terms and conditions. Ownership of such land will remain with
PID.
h. The power producers setting up hydel projects will pay cess
@ 1.5 paisa per unit of electricity generated for use of river/
canal water.
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1.4 Detail of Sites for which the Bids are invited:
Sr. Name of the Site RD Gross Full Supply Estimated
No Water Discharge Power
(in Ft.) Head (Cumecs) Potential (KW)
(Mt.)
I Ferozepur Feeder
TOTAL 7331 KW
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1.5 Technology:
1.6 Tariff:
Particulars Applicable Benefit of Tariff upon
Tariff Rate, Accelerated adjusting for
Rs. / kWh Depreciation, If Accelerated
availed, Depreciation
Rs. / kWh benefit, if availed,
Rs. / kWh
Small / Mini Hydro 5.16 0.42 4.74
(below 5 MW)
Table 1: CERC Tariff for FY 2013-14 for Small Hydro Power Projects
PSERC adopts the CERC RE tariff for Small Hydro Power Projects
as per historical precedence. The actual tariff payable to the
selected developer after accounting for offered discount will be as
under:-
Tariff actualy payable to the selected developer.
For bidding purpose, the CERC tariff for 2013-14 has been
taken as the benchmark tariff which is adoptd by PSERC as
per historical precedence and bidder with lowest net tariff after
subtracting the discount offered from the benchmark tariff
(irrespective of normal or accelerated rate of depreciation) will
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be selected as L1 bidder. However the developer has been
allowed the period of 22 months from the date of signing of
IA/21 months from the date of signing of PPA for the
commissioning of the project, the CERC tariff for the actual
year of commisiioning is not known but will be the base for
tariff payments. Therefore, for the purpose of actual payments
for the power sold to PSPCL, the net tariff will be the tariff
determined by CERC/PSERC for MHPs during the scheduled
year of commissioning (including extension duly granted by
PEDA) less the discount (irrespective of normal or accelerated
rate of depreciation) now quoted by the bidder in the bid for
the site submitted against this bidding. The net tariff so arrived
will be the tariff payable to developer for entire period of PPA
i.e.35 years.
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Sr. No. Description Details
1. RfP No. PEDA/MHP/2013/01
2. Bid Document Fee Rs. 5,000.00 (Rs. Five Thousand Only)
through IPG / RTGS
(Non - Refundable)
3. E- Processing Fee Rs. 2247/- (Rs Two Thousand Two Hundred
through IPG / RTGS Forty Seven only)
(Non - Refundable)
4. Bid Processing Fee Rs. 50,000/- (Rupees Fifty Thousand Only)
through IPG / RTGS per site
mode
(Non Refundable)
4. Earnest Money Deposit Upto 1 MW Rs. 5,00,000 (Rupees Five
(EMD) Lac only) per site.
Above 1 MW & upto 3 MW Rs. 10,00,000
(Rupees Ten Lac only) per site.
in the form of Bank Guarantee (BG) or
through RTGS/IPG mode to be submitted at
the time of RfP, valid for 210 days from last
date of submission. Scanned copy of the
BG to be uploaded online and the original
BG along with bank confirmation letter in
sealed envelope to be submitted before
opening of the techno-commercial Part I of
the bid.
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Sr. No. Description Details
capacity of the project) in the form of Bank
Guarantee (BG) or through RTGS/IPG mode
to be submitted at the time of signing of
Implementation Agreement (IA) valid for a
period of 24 months from the date of signing
of IA.
Note: The Performance Bank Guarantee
of Rs. 20.00 lac per MW is to be
calculated on pro-rata basis equivalent to
the capacity of the project as per Detailed
Project Report. For e.g. if the capacity as
per DPR is 800 KW the value of
Performance BG will be 20 x 0.80 MW =
Rs.16.00 lacs, if the capacity is 400 KW
the value of PBG will be 20x0.40 MW =
Rs.8.00 lac. If the capacity of the project
is 2 MW, the value of PBG will be 20x2
MW=Rs. 40.00 lac and if it is 2.2MW the
value of PBG will be
20x2.20MW=Rs.44.00 lacs.
6. Validity of Proposal 180 days after the date of opening of techno
commercial Part I of the bid.
Table 2: Issuance and submission of RfP
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Selection of Bidders:
The selection of bidders for each site shall be based on net availed
tariff after providing discount on generic tariff notified by CERC for
Small Hydro Power Projects for FY 2013-14, which is adopted by
PSERC as per historical precedences, irrespective of availing
Normal Rate of depreciation / Accelerated Rate of depreciation.
PEDA will shortlist the bidders for each site based on the net tariff
arrived in Rs. Per kWh after reduction of discount offered by the
bidder (Refer format 6.9). The bidder offering the lowest net availed
tariff shall be selected as L1. The bids of bidders offering tariff
above the bench mark tariff notified for F.Y. 2013-14 shall be
summarily rejected.
(ii) Bidder 2:
Tariff Opted: Accelerated Rate of depreciation
Tariff applicable: Rs. 4.74 / kWh
Tariff Discount: Rs.0.74 / kWh
Net Availed Tariff: Rs. 4.00 / kWh
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Then, the bidder 2 shall be selected L1, as the bidder is offering
lowest net availed tariff.
In case, two or more Bidders offering same net availed tariff for
same site irrespective of opting Normal rate of depreciation or
Accelerated rate of depreciation, then the selection of Bidder shall
be by draw of lots and the Bidder so selected shall be declared L1.
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1.8 Time Schedule:
Sr. No. Events Date & Time Location
1. Date of uploading / 17.6.2013 at 10.00 AM
publishing of e- NIT www.etender.punjab
2. Last Date for submission 3.7.2013 govt.gov.in
of Pre Bid Query /
Clarifications to be
submitted online.
3. Pre - bid meeting at PEDA 8.7.2013 at 11.30 AM
office
4. Last date & time for 1.8.2013 at 12.30 PM
submission of Processing
Fee (Non Refundable),
EMD, Formats and
Technical Bid and
Financial Bid though E- Bid
(Part I & Part II)
5. Date and Time of Opening 1.8.2013 at 3.30 PM
of techno commercial e-bid
6. Date of Opening of Price To be conveyed
Bid subsequently on
www.etender.punjabgo
vt.gov.in
Table 3: Bid Time Schedule
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2. Bidder shall submit both techno - commercial and financial bids
online in electronic formats. The bidder must submit original copy of
the BG towards EMD at the time of opening of techno-commercial
bid along with Bank confirmation letter for BG in sealed envelope of
the issuing bank directly addressed to PEDA. Failure to submit the
original bank guarantee towards EMD at the time of opening of
techno-commercial bids shall lead to rejection of the bid.
3. (i) The bidder will have to deposit non refundable Bid document fee,
E- Processing fee and Bid processing fee to PEDA through IPG /
RTGS mode.
(ii) The bidder will have to deposit prescribed cost of EMD through
IPG / RTGS mode or upload scanned copy of BG as per format 6.3
A and the original along with bank confirmation letter in sealed
envelope to be submitted physically before opening of techno
commercial bid (Part I).
4. In case of any discrepancy between numerical digits and words, the
words shall be considered for evaluation of the bid.
5. No Deviation / conditionality if any shall be accepted in the bids
(Part I & Part II). Such bids will be rejected.
6. The bidders shall provide complete information at the time of
submission of bid. However, if the bidders are asked to furnish any
clarification / confirmation, they shall furnish the same within
specified time failing which the bid shall be finalized / decided on the
basis of available information. If disqualification as a result of non
submission / delay in furnishing the desired information / documents
happens then PEDA in no way shall be held responsible.
7. The RfP can be downloaded from web site
www.etender.punjabgovt.gov.in. Details of this notification can also
be seen in RfP exhibited on website www.peda.gov.in but bids are
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to be submitted online in electronic format only on website
www.etender.punjabgovt.gov.in.
8. The complete bid documents and formats shall be uploaded on
www.etender.punjabgovt.gov.in in time as per checklist provided
with the RfP. The checklist along with relevant page nos. should
also be submitted with the bid.
9. The bidders who are interested in bidding can download bid
documents from www.etender.punjabgovt.gov.in up to the stipulated
date & time free of cost.
10. Bidders who wish to participate in this RfP will have to register on
www.etender.punjabgovt.gov.in (bidders already registered on
www.etender.punjabgovt.gov.in, need not to register again for this
RfP). To participate in online bids, Bidders will have to procure
Class 3 Digital Signature Certificate as per requirement under
Information Technology Act - 2000 using which they can sign their
electronic bids and also get USER ID and PASSWORD.
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iii. Bid Processing Fee (Non Refundable)
iv. Earnest Money Deposit as per format 6.3 A;
v. Summary Sheet for Part I A as per format 6.12 A
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xv. A certificate from Chartered Accountant certifying the
relationship with the bidder where the financial capability of
the Group/Affiliate/Parent has been used to meet the
qualification requirement.
Note:
1. The RfP shall contain an Index in the beginning denoting bid
documents and their respective page nos. in chronological order.
2. All documents submitted online should be in PDF Format only.
3. All the required information shall be furnished strictly in
prescribed Formats only. Any information other than the
prescribed Formats shall not be entertained. The bid shall be
evaluated on the basis of information furnished in the prescribed
Formats.
4. PEDA retains the right to seek any / all the documents in original
or copy thereof duly attested by Notary for verification, in physical
form on short notice of three days from any bidder for verification.
5. Bidders must check that the documents and scanned copies
have been properly uploaded. The entire responsibility of
uploading the data / files / documents is that of the bidder. Non
submission / improper uploading / corrupted files shall hamper
the evaluation process. Bidders are requested to use antivirus
system / clear machines in their own interest.
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1.10 Correspondence for enquiries and clarifications:
Director,
Punjab Energy Development Agency,
Solar Passive Complex
Plot No. 1 & 2, Sector 33-D, Chandigarh,
Tel: 0172 2648004, 2667005
Fax: 0172 2662865
Email: peda_spa@yahoo.co.in
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Section 2
DEFINITIONS
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2. Definitions
Bid shall mean the Techno commercial Bid and Pricel Bid
submitted by the Bidder, in response to this RfP, in accordance with
the terms and conditions hereof.
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the provisions of this RfP; the Bidding Company and Project
Company can be same or separate.
CERC approved tariff shall mean the tariff notified by CERC for
Small Hydro Projects for F.Y. 2013-14.
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Consents, Clearances and Permits shall mean all
authorizations, licenses, approvals, registrations, permits, waivers,
privileges, acknowledgements, agreements, or concessions
required to be obtained from or provided by any concerned authority
for the purpose of setting up of the generation facilities.
Electricity Act 2003 shall mean the Electricity Act, 2003 and any
rules, amendments, regulation, notifications, guidelines or policies
issued there under from time to time.
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explosion, flood, cyclone, lightening, earthquake, act of foreign
enemy, war or other forces, theft, burglary, ionizing radiation or
contamination, Government action, inaction or restrictions,
accidents or an act of God or other similar causes and as
specifically detailed out in I.A and/or in PPA for the purposes of
respective agreements.
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Provided that a financial institution, scheduled bank, foreign
institutional investor, non banking financial company, and any
mutual fund shall not be deemed to be Group Company, and its
shareholding and the power to direct or cause to be directed the
management and policies of a company shall not be considered for
the purposes of this definition unless it is the Project Company or a
Member of the Consortium developing the Project.
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"Member in a Bidding Consortium" or "Member" shall mean
each Bidding Company who is a part of Bidding Consortium.
Net applicable tariff means the tariff arrived after adjusting for
accelerated depreciated benefit as stated by PSERC/CERC in its
RE tariff for F.Y. 2013-14.
Net availed tariff means the tariff arrived after providing discount
on generic tariff notified by PSERC / CERC in its RE tariff for F.Y.
2013-14.
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"Project" shall mean ____ MW Hydro Power Plant (Generating
Facility) including civil structures, electrical and mechanical plant
and equipment, 11 kV / 66 kV switch yard including transformer,
breaker, CT/PTs, wave traps, structures, isolators etc. , dedicated
telephone lines, telephone and wireless system, components,
appurtenants, communications, access road off the village road,
foot paths, carriage ways, etc. located at approved and allocated
area in the State of Punjab.
Punjab State Grid Code shall mean the State Grid Code
specified under clause (h) of sub section (1) of section 86 of the
Electricity Act 2003.
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RfP Shall mean Request for Proposal Document.
"Small / Mini Hydro Power Project" shall mean the Hydro Power
Project that uses canal water / any other stream water and
available head for converting kinetic energy / potential energy into
mechanical and subsequently electrical energy through hydro
technology;
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Section 3
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3. INFORMATION AND INSTRUCTIONS TO BIDDERS
I. The generating capacity (power potential in MW/KW) that is
mentioned in this document is the indicative capacity for bid
purpose only based on preliminary analysis of head and discharge.
The bidders are required to visit the project sites mentioned in the
NIT to ascertain at their own, the capacity, that they plan to install,
including verification of head and discharge.
II. The Reduced Distance(RDs) of respective sites/falls has been
taken as per the L-section of Punjab Irrigation Department for the
sites advertised as per this bid document. However, if the
respective fall has been shifted +/- (upstream/downstream) in the
vicinity of RD mentioned in the Bid Document, the RD of the
presently existing fall will be applicable.
III. This is for the information of the developers that some of the hydel
sites on canals are located in Built up area, therefore, there may be
requirement to shift the falls in the upstream or downstream
depending upon the site conditions. However, the same will be
done with the approval of Punjab Irrigation Deptt. by the bidder at
his own expenses for the development of Mini Hydel Projects.
Therefore developers must take into consideration the above facts
while quoting / submitting the bids.
IV. The Companies/Developers shall have no right to claim any
compensation from PEDA/PID or from any other developer for
exploration of potential upstream or downstream of the site allotted
to him. The supplies in the canal shall be run and regulated as per
demand/supply of canal water and strictly as mandated in the
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Northern India Canal & Drainage Act 1873 (as amended from time
to time) which would applicable in this case also. The
Company/Promoter shall satisfy themselves with hydrological data
and pattern of discharges, which vary according to Irrigation
requirement in canal and distributories. Considering these
parameters, Company/Promoter may structure Power Plant at their
own risk. PEDA/PID shall in no way be responsible for
decreased/increased generation accruing as a result of variations in
canal flow.
V. The installed capacity as per DPR shall finally prevail. The DPR is
required to be submitted by the Developer within two months from
allotment / Letter of Award.
VI. Bidder is to submit the bid for each site separately but this RfP is
applicable for all the sites indicated therein.
VII. As per NRSE Policy-2012 of State Govt., under the Clause 4(i)
Fiscal Assistance by Govt. of Punjab, Wherever Irrigation land
on canal banks is available, Punjab Irrigation Department (PID) will
transfer canal land to PEDA on notional lease amount of
Rs. 1.50 lac per annum per site. The leased canal land will be
subsequently transferred to the power producers for development of
Small Hydro Projects on Build, Operate and Own basis for 38 years
(three years shall be considered as construction period) on the
same terms and conditions set forth by PID subject to further
renewal on mutually agreed terms and conditions. Ownership of
such land will remain with PID. The land lease amount will be
deposited by the successful developer to PEDA @ Rs. 1.50 lac per
annum per site in advance i.e. every year upto or before the date of
signing of Land Lease Agreement and the same amount will be
forwarded to Punjab Irrigation Department. In case of default / delay
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in deposit of land lease amount well in time, interest @ 15% per
annum shall be paid by the MHP Developer on the defaulted
amount for the delayed period for onward deposit to Punjab
Irrigation Department.
VIII. In the absence of availability of PID land as per Sr. No. VII above,
the developer is fully responsible for getting the private land at their
own expenses. Bidders are advised to visit all the project sites
mentioned in the NIT to ascertain the above said fact before
submitting their bids.
IX. The Company/Promoter shall restore/compensate the loss of
revenue to PID equal to the amount of latest annual auction/bid of
each site wherever the closures of functional water mill (Gharat) is
necessitated for setting up Mini Hydel Plant. The amount of
compensation shall be paid to the concerned Executive Engineer of
Irrigation Department on or before ________ year. In the event of
delay, the payment would carry an interest @ 15% per annum on
the delayed amount for the period of delay.
X. For setting up MHP on canals, wherever the Irrigation Department
executes the Deposit work inside the canal on behalf of Private
Developer, no Departmental Charges shall be paid to PID by the
private developer however, supervision charges on actual basis
shall be payable subject to maximum 5% of the deposit work
executed by PID. In case the work is executed by the private
developer on his own, these works shall be done after approval of
the detailed design and drawings by PID under the Supervision of
Punjab Irrigation Department and the Supervision Charges to be
borne by the Private Developer shall be on actual basis subject to
maximum 5% of the total work executed by the developer inside the
canal.
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XI. The power producers setting up hydel projects will pay cess
@ 1.50 paisa per unit of electricity generated for use of river/ canal
water to Punjab Irrigation Department. The cess shall be paid
within 7 days from the date of realization of the energy charge by
the company/promoter from PSPCL. Any delay in making payment
would carry interest @ 15% per annum of delayed amount for the
period of delay.
XII. For canal based hydel projects, pondage of water upto Full Supply
Level in the upstream of canal shall be allowed for optimal utilization
of water resources.
XIII. General Layout Plan of the Mini Hydel Project, Regulation System
i.e. Bye-pass etc., and Canal Protection Works as per the site
requirement keeping in view the safety of the canal will be approved
by Punjab Irrigation Department and shall be binding on the
Developers.
XIV. The Company shall pay the cost of raising compensatory
afforestation and its maintenance and land cost / any other cost
etc., as may be determined by the concerned department of
GOP/GOI under the prevailing Law / Act / Rule Regulations.
XV. All the statutory/non-statutory clearances shall have to be obtained
by the Developer. However, PEDA will facilitate in obtaining these
clearances from the concerned departments/authorities.
XVI. The developers shall strictly adhere to the implementation schedule
as per Clause 3.24. The company / developer shall commission the
project within 660 days from the Effective Date i.e. date of signing of
Implementation Agreement in line with Project Implementation
Schedule as per Clause 3.24. The developer shall make all out
efforts to commission the project as per schedule of commissioning
provided in this RFP Document. However, in case, there is delay in
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commissioning of the project due to reasons not attributable to the
company / developer, PEDA may consider extension in scheduled
date of commissioning of the project on submission of documentary
evidence by the company and the scheduled date of commissioning
shall be extended after approval of competent authority.
XVII. Conditional bids are liable to be rejected.
XVIII. All terms & conditions of NRSE Policy-2012 of Punjab Govt. and
any amendment / addendum thereof will be applicable.
XIX. For MHP Gurdittiwala, Para 3 (a) below may be referred.
XX. The terms and conditions for implementation of the project shall be
formalized through signing of Implementation Agreement by the
Company with PEDA. Two supplementary agreements shall also be
signed by the Company with the agencies involved, one with the
Department of Irrigation for use of canal water i.e. TPA and another
agreement shall be signed with PSPCL for Sale of Power i.e. PPA.
These agreements i.e. TPA, PPA are the integral part of
Implementation Agreement.
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3(a) MHP at GURDITTIWALA HEADWORKS (RD 55413) OF
FEROZEPUR FEEDER LOWER
PEDA / PGL has made a report of this site for planning & implementing
hydro power plant. But not implemented and now is being advertised for
development under the NRSE Policy-2012 on BOO basis. As per above
study, the water power studies involving the past years data as well as
the ultimate design projections establishes the possibility of installing a
hydro power station with an installed capacity of about 2000 KW. In this
report it has been proposed to install a power generating facility of 2 units
of 1000 KW each.
Ferozepur Feeder (Upper ) canal off takes from the Harike Barrage
located about 3.2 kilometers downstream of the confluence of rivers Beas
and Satluj near Harike On Amritsar Ferozepur Highway. At RD 55413,
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of the Ferozepur Feeder Canal (upper), the canal trifurcates into three
canals namely, (i) Ferozepur Feeder (Lower) Canal, (ii) Sirhind Feeder
Canal, and (iii) Sodhinagar Distributary.
It is important for the bidders to note that the layout plan of this project
was prepared by PEDA and the same was in-principally agreed upon by
Punjab Irrigation Department vide letter no. 13270-71 dated 29.6.2011,
the copy of this layout plan in-principally agreed by PID is enclosed at
Page-50.
In order to obtain optimum design head, Full Supply Level (FSL) at El.
208.35 m (683.39 ft.) upstream of the fall shall be maintained. This
includes 0.30 mt. (1 ft. ) additional head (present Design FSL 682.39 ft)
which will be available after raising the canal banks / lining and the same
has been duly agreed to by Punjab Irrigation Department while granting
in-principle approval to the proposal on the basis of mutual discussions
in the meetings with Design & Field Officers. For raising of canal banks/
lining etc. to cater for this 0.30m head, the cost is to be borne by the
Hydel Power Producer who will implement the MHP at this location. PID
conveyed this cost for raising of lining from RD 31236 to RD 55413 of
Ferozepur Feeder Upper for raising FSL from 682.39 ft. to 683.39 ft. as
Rs. 90.83 lac vide letter no. 1738-40 dated 9.3.2011. This cost of Rs.
90.83 lac was conveyed in March,2011 and increase in this cost as per
Price Escalation etc. in line with PWDCSR as on date of execution will
also be added to the above said amount and the amount so came out
shall be deposited to Punjab Irrigation Department for this requisite work
by the successful bidder at the time of execution of the MHP. This
condition of depositing the above said amount ( i.e. Rs. 90.83 lac + cost
escalation) will be binding on the bidders and must take into care while
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quoting their bids. The successful bidder will be bound to get the above
said work got done with deposit of the requisite amount with PID, so as to
get the FSL of 208.35m (683.39 ft.) for the power generation. Bidders
must take into consideration all features of this enclosed layout plan
particularly the regulation gates & structure / bridge at the intake, which is
in-principally agreed by PID, while quoting their bids.
The above said background and technical detail is for the information of
the bidders.
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LAYOUT PLAN OF MHP SITE GURDITTIWALA IN-PRINCIPALLY
AGREED BY PID
Page 50
3.1 Sites offered
Sr. Name of the Site RD Gross Full Estimated
No in Ft. Water Supply Power
Head Discharge Potential
(Mt.) (Cumecs) (KW)
I Ferozepur Feeder
1 Gurdittiwala 55413 1.591 171.65 2000
Headworks
II Upper Bari Doab
Canal
System(UBDC)
a) Kasur Branch
Lower
2 Sathiali 0 2.07 52.05 850
3 Kalu Sohal 29540 2.09 48.88 850
4 Panj Garain 75850 2.13 41.00 700
5 Pakhoke 195760 2.05 27.85 450
b) Sabraon Branch
Canal
6 Dhapai 54000 1.75 41.60 600
7 Ladha Munda Attwal 94780 2.05 29.29 500
8 Buttar 114750 1.83 26.73 400
9 Ghaggar Bhana 127250 1.68 26.73 375
10 Rayya 155750 1.67 18.88 250
11 Nagoke 199450 2.08 9.64 150
c) Main Branch
Lower
12 Doburji 113400 1.50 15.64 200
TOTAL 7331 KW
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3.3 Obtaining RfP Document & Processing Fees
a) RfP document can be downloaded free of cost by the bidder from the
website www.etender.punjabgovt.gov.in.
b) Prospective bidders interested to participate in the bidding process are
required to upload their proposal by paying following fees:
i) Bid Document Fee of Rs. 5,000/- (Rupees Five thousand only)
ii) E- Processing Fee of Rs. 2247/- (Rupees Two Thousand Two hundered
and Forty Seven Only)
iii) Bid Processing fee of Rs. 50,000/- (Rupees Fifty Thousand Only) per
site.
All above fees are non refundable and payable online through IPG /
RTGS mode.
NOTE :
The RfP document for studying by the prospective bidders can be
downloaded free of cost from the e-tendering website, PEDA website.
However, bid document fee of Rs. 5,000/- (non-refundable) is to be paid
by the bidder for downloading the Technical and Financial Bid sheets
(Excell formats) along with bid processing fee of Rs. 50,000/- (non-
refundable) per site.
Illustration :
If a bidder wants to quote for 3 no. of sites, he has to pay Rs.
5,000/- plus 3x50000 = Rs. 1,55,000/- and if a bidder wants to quote for
single site, he has to pay Rs. 5,000/- plus 1x50,000/- = Rs. 55,000/- while
downloading the above excell sheets.
Important note : In case a bidder has downloaded the bid form by paying
a fee of Rs. 55,000/- for single site but later on could not submit / upload
the bid sheets, the amount of Rs. 50,000/- (Bid Processing Fee) shall be
refunded on his request.
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3.5 Number of Response to RfP by a Company
The RfP document for studying by the prospective bidders can be
downloaded free of cost from the e-tendering website, PEDA website.
However, bid document fee of Rs. 5,000/- (non-refundable) is to be paid
by the bidder for downloading the Technical and Financial Bid sheets
(Excell formats) along with bid processing fee of Rs. 50,000/- (non-
refundable) per site. Bidder can quote for multiple sites on the same excel
sheet.
Illustration :
If a bidder wants to quote for 3 no. of sites, he has to pay Rs.
5,000/- plus 3x50000 = Rs. 1,55,000/- and if a bidder wants to quote for
single site, he has to pay Rs. 5,000/- plus 1x50,000/- = Rs. 55,000/- while
downloading the above excell sheets.
3.6 Qualification Requirements
The Bidder independently or on the basis of the financial capability of its
Affilate(s)/Group/Parent should meet the Qualification Requirements
specified for Internal Resource Generation, Net Worth, Annual Turnover,
given below.
B. Technical Criteria:
The bidders are free to use any type of hydro technology and does not
require any technical experience for participating in this bidding for
development of Small / Mini Hydel Projects. The bidder must be capable
to make necessary tie ups with the technology providers / consultants in
this field so as to implement the project with their financial resources/
strength.
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C. Financial Criteria
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prevailing on the date of closing of the accounts for the respective
financial year.
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Note: (i) Whether or not financial resources of Affilate(s)/Group/ Parent
are relied upon to achieve the required Net Worth, the required Net
Worth has to be infused in the Project Company before signing of IA.
The bank statement starting from the date of submission of bid till date
will also be required to be submitted before signing of IA. A copy of
Allotment Return filed with ROC for registering the shareholding and its
terms & conditions must also be submitted at the time of submission of
bid and before signing of IA.
2. Existing Companies:
(i) Internal Resource Generation: Rs. 75,00,000/- (Rupees Seventy
Five Lacs Only) per MW or equivalent US$* per MW of the capacity,
computed as five times the maximum internal resources generated
during any of the last five years business operations.
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loan have been used to repay the exiting loan, such repayment of
existing loan shall not be considered for the purposes of
computation of Internal Resources Generation.
(ii) Net Worth: Rs. 100,00,000/- (Rupees One Crore Only) per MW or
equivalent US$* per MW of the capacity. The computation shall be
derived from any of the last three years annual accounts.
Net Worth:
(iii) Annual Turnover: Rs. 3,00,00,000/- (Rupees Three Crore Only) per
MW or equivalent US$* per MW of the capacity. The computation
shall be derived from any of the last three years annual accounts.
Annual Turnover: Annual Gross Sales
Subtract: Excise Duty + Sales Tax + Service Tax + Any other tax
included in the turnover.
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each Company whose accounts are merged in the audited
consolidated account and provided further that the financial capability
of such companies (of which accounts are being merged in the
consolidated accounts) shall not be considered again for the purpose
of evaluation of any other Bid.
The share premium will form an integral part of Net Worth provided it is
realized in cash or cash equivalents.
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In case of application by one company for multiple projects total
cumulative capacity applied by the Company shall be considered for
the purpose of Internal Resource Generation, Net Worth and Annual
Turnover.
Note:- In case the annual accounts of the Bidding Company for the
year 2012-13 have been finalized and audited, then the last three/five
years accounts up to 2012-13 can be submiited in support of meeting
with the Financial Criteria detailed above.
(i) The plant and its switch yard should be designed for inter -
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connection with PSPCL at voltage level of 11 kV (up to 2.5 MW
capacity) or 66 kV (above 2.5 MW capacity). The Project Developer
shall liase with the PSPCL appropriately so as to enable the PSPCL
to lay down and commission the evacuation line well before the
commissioning the project.
(ii) The energy meters both main and check and CTs / PTs shall be
installed at the interconnection point located in the project switch yard
for energy metering and billing. These meters, CTs and PT etc shall
be as per the State Grid Code and shall meet the specifications of the
PSPCL and shal be installed as per the guidelines of PSPCL.
(iv) The power evacuation line from the project yard upto the nearest
substation including erection of bay / equipment/control and relay
panels and up gradation of facilities in their sub-station for accepting
the power from the MHP will be constructed and commissioned by
PSPCL at PSPCLs cost.
(v) Energy metering shall be carried out in order to comply with the
metering code of the state grid code. The expenditure for installation
of energy meters and required CTs, PTs at the project end are to be
borne by the HPD.
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PEDA shall evaluate only those responses to RfP, which are uploaded by
due date and time specified in e-NIT. The responses will be evaluated
based on the qualification, techno commercial criteria, terms and
conditions contained in the bid and the bidders will be shortlisted.
The final selection of bidders shall be based on net availed tariff after
providing discount on generic tariff notified by CERC for Small Hydro
Power Projects for FY 2013-14, irrespective of availing Normal Rate of
depreciation / Accelerated Rate of depreciation. PEDA will shortlist the
bidders based on the net tariff arrived in Rs. Per kWh after reduction of
discount offered by the bidder (Refer format 6.9 ).
a. The Bidders will be required to submit price bid indicating the discount
in Paisa / kWh on PSERC Approved Applicable Tariff. Bidders will be
required at this stage to exercise the option of availing Normal Rate of
Depreciation or Accelerated rate of Depreciation for the purpose of
accounting practices to be followed for the project. However, if at any
stage any discrepancy is observed on the same, provisions of Clause
3.8.1 Note mentioned in this RfP will be applicable.
b. The Bidders offering the lowest net availed tariff (irrespective of Normal
rate of depreciation or Accelerated rate of depreciation) will be
selected as L1 and project will be allocated to him.
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c. In case a Bidder bids for multiple Projects, then the bidder has to offer
separate price bid quoting net availed tariff separately for each site.
Note:
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3.9 Implementation Agreement (IA) and Facilitation Service
Charges
The detailed project report shall be submitted by the HPD before signing
of IA. The IA is attached as Annexure - 4.
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After signing of Implementation Agreement with PEDA, two
supplementary agreements shall also be signed by the developer with the
agencies involved. One with the Department of Irrigation for use of canal
water and another agreement shall be signed with PSPCL for Sale of
Power, which will be integral part of this IA. PEDA will conduct monthly
review meeting with successful bidders of Hydro Power Project
developers till the successful commissioning of the project by submitting
the monthly progress report of the project along with photographs.
The generation data from the Hydro Power plant shall be made available
to PEDA on monthly basis.
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Implementation Agreement. The PPA will be valid for 35 (Thirty five)
years from the date of commissioning of the project.
i. Bid document fee (Non refundable) of Rs. 5,000/- through IPG / RTGS.
ii. E Processing fee (Non refundable) of Rs. 2247/- (Rupees Two
thousand Two hundered and forty seven Only) through IPG / RTGS
mode.
iii. Bid Processing Fee (Non Refundable) of Rs. 50,000/- (Rupees Fifty
Thousand Only) per site through IPG / RTGS mode.
iv. Earnest Money Deposit of upto 1 MW Rs. 5,00,000 per site and above
1 MW & upto 3 MW Rs. 10,00,000 per site through IPG / RTGS or in the
form of bank guarantee as per format 6.3 A.
v. Summary Data Sheet for Part - I A as per format 6.12 A.
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In the event any Member of the Bidding Consortium (other than Lead
Member) is a foreign entity, it may submit Board Resolutions in place of
Power of Attorney for the purpose of fulfilling the requirements under this
Clause. Provided that such Board Resolutions shall be supported by an
unqualified opinion issued by the legal counsel of such foreign entity
stating that the Board Resolutions are in compliance with the applicable
laws of the respective jurisdictions of the issuing Company and the
authorizations granted therein are true and valid.
The name of the project company can be different from the name of
bidding consortium.
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Member of the Bidding Consortium, undertaking to invest the entire
amount as committed by Bidding Company / Member of the Bidding
Consortium, in event of failure of the same to make such investment.
Documents to be submitted:
i. Memorandum & Articles of Association (highlighting relevant provision of
Power / Energy / Renewable Energy / Hydro Power Plant development) if
any, Certificate of Incorporation (if applicable) of Bidding Company / all
member companies of Bidding Consortium along with shareholders rights
and obligations filed with ROC.
ii. Share holding pattern of the company;
iii. Last three / five years audited balance sheets or annual reports;
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3. E - Bid Part - II: (Price Bid)
The price bid to be submitted strictly as per price bid format 6.9
for each site, to be filled online;
Wherever information has been sought in specified formats, the
Bidders shall fill in the details as per the prescribed formats and
shall refrain from referring to any other document for providing
any information required in the prescribed format. All the above
information sought in specific formats along with documents
sought as above must be uploaded after scanning on the e-bid
website.
b. The selected bidders shall submit original hard copies of proposals and
all documents submitted through e-bidding before execution of IA.
Page 68
information or makes a wrong statement or misrepresents facts or
makes a misleading statement in its response to RfP, in any manner
whatsoever, the PEDA reserves the right to reject such response to
RfP and/or cancel the Letter of Award, if issued and the Bank
Guarantee (either EMD or Performance BG) submitted shall be
encashed.
h. Bidders shall mention the name of the contact person and complete
address of the Bidder in the covering letter.
Page 69
required under the provisions of RfP shall not be construed as waiver
on the part of PEDA of the obligation of the Bidder to furnish the said
data / information unless the waiver is in writing.
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3.16 Validity of the Response to RfP
The Bidder shall submit the response to RfP which shall remain valid up
to One Hundred eighty (180) days from the last date of submission of
response to RfP ("Bid Validity"). PEDA reserves the right to reject any
response to RfP which does not meet the aforementioned validity
requirement.
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(ii) Enquiries / clarifications may be sought by the Bidder from:
Name & Address of the Authorized
Person of PEDA:
Director,PEDA Phone: 0172-2667005, 98766-93975
Senior Manager(Hydel) 0172-2648004, 9815602615, 8558870510,
Punjab Energy Development Agency
98760-51885
Solar Passive Complex
Fax : 0172-2662865
Plot No. 1-2 Sector 33 D
E-mail: peda_spa@yahoo.co.in
Chandigarh
Page 72
Lac Only) per MW for each project (to be calculated on pro-rata
basis equivalent to the DPR capacity of the project) in the form of
Bank Guarantee (BG) or through RTGS/IPG mode at the time of
signing of IA as per format 6.3 B. (valid for a period of 24 (twenty
four) months from the date of signing of IA). The bidder must submit
original copy of the BG towards Performance Guarantee at the time
of signing of Implementation Agreement (IA) along with Bank
confirmation letter for Performance BG in sealed envelope of the
issuing bank directly addressed to PEDA. In case the bidder does
not submits the Performance Guarantee at the time of signing of IA,
in such case the EMD shall be forfeited.
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In case the bidder gives BG of a foreign bank, the bidder shall provide
the said BG with an endorsement of State Bank of India or any branch
of said foreign bank in India. The foreign bidder is responsible for
endorsement of BG by State Bank of India. The BGs shall not be
submitted to PEDA directly by bidders banker. It shall be responsibility
of bidder to submit the BG to PEDA as per stipulated terms.
In case, PEDA offers to execute the IA with the selected bidder and if
the selected bidder does not submit the requisite documents or does
not execute the IA within the stipulated time period, the EMD shall be
forfeited.
Similarly, if PSPCL offers to execute the PPA with selected bidder and
if the selected bidder refuses to execute the PPA or is unable to
execute the PPA within stipulated time period, the bank guarantees
towards Perfromance Gaurantees shall be forfeited.
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Appendix A has been attached. Bidders are advised to take note of
the above checklist while submitting the Bank Guarantees.
The bidders will have to extend the validity of the bank guarantees if
required by PEDA on account of any extension in project
implementation schedule.Such extension must reach PEDA at least
15 days before the expiry of the existing Bank guarantee, otherwise
PEDA will have full right to get the bank guarantee encashed.
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No change in the shareholding of the Bidding Company or Bidding
Consortium developing the Project shall be permitted from the date
of response to the RfP till one year after commissioning of the
project. However, in case the Project is being developed by a listed
company, this condition will not be applicable.
Page 76
(iii) A certificate from the project / client situated anywhere in world
that the technology supplied by the Manufacturer / Technology
Provider is in successful operation.
3.23 Commissioning :
Page 77
3.24 PROJECT IMPLEMENTATION SCHEDULE
Page 78
Section 4
EVALUATION CRITERIA
Page 79
4. EVALUATION CRITERIA
i) Response to RfP not received by the due date and time of e bid
ii) Response to RfP submitted by a Bidding Consortium not including the
Consortium Agreement
iii) Response to RfP having Conflict of Interest
iv) Non submission of Processing fee or EMD in acceptable form along
with RfP document
The bids which become non responsive shall be disqualified and
further bid evaluation of these bids will not be carried out. These non-
responsive bids will not be made responsive by accepting of any
documents by PEDA.
b. Step II - Bid Evaluation
Step II (Bid evaluation) will be carried out considering the information
furnished by Bidders as prescribed under Section 6 - Formats. This step
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would involve evaluation of techno commercial documents of the Bidding
Company/ Bidding Consortium as per the provisions specified in Section
3 of this RfP.
c. Price Bid Evaluation:
The bidders whose bids get qualified as a result of compliance to terms
and conditions mentioned in Section 3 of the RfP and submission of
formats as per Section 6, their price bids only shall be opened.
The selection of bidders shall be based on net availed tariff after providing
discount on generic tariff notified by CERC for MHP Power Projects for
FY 2013-14, which is adopted by PSERC as per historical precedences,
irrespective of availing Normal Rate of depreciation / Accelerated Rate of
depreciation. PEDA will shortlist the bidders based on the net tariff arrived
in Rs. Per kWh after reduction of discount offered by the bidder (Refer
format 6.9 ). The bidder offering the lowest net availed tariff for the site
bidded by him shall be selected as L1. The bidders offering discounted
tariff above the bench mark tariff notified for F.Y. 2013-14 shall not be
selected.
If there is any discrepancy between numeric figures and words, the words
mentioned will prevail.
d. Tariff actualy payable to the selected developer.
For bidding purpose, the CERC tariff for 2013-14 has been taken as the
benchmark tariff which is adoptd by PSERC as per historical precedence
and bidder with lowest net tariff after subtracting the discount offered from
the benchmark tariff (irrespective of normal or accelerated rate of
depreciation) will be selected as L1 bidder. However the developer has
been allowed the period of 22 months from the date of signing of IA/21
months from the date of signing of PPA for the commissioning of the
project, the CERC tariff for the actual year of commisiioning is not known
but will be the base for tariff payments. Therefore, for the purpose of
Page 81
actual payments for the power sold to PSPCL, the net tariff will be the
tariff determined by CERC/PSERC for MHPs during the scheduled year of
commissioning (including extension duly granted by PEDA) less the
discount (irrespective of normal or accelerated rate of depreciation) now
quoted by the bidder in the bid for the site submitted against this bidding.
The net tariff so arrived will be the tariff payable to developer for entire
period of PPA i.e.35 years.
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Section 5
ROLE OF PEDA
Page 83
5. Role of PEDA as a Project Facilitator
Page 84
Section 6
Page 85
6.0 FORMATS AND SUPPORTING DOCUMENTS FOR BID
SUBMISSION
FORMATS:
viii. Format for Technical Criteria (format 6.7) (for information only)
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xiii. Format for Summary Sheet Part - I A (format 6.12 A) (To be filled
online)
xiv. Format for Summary Sheet Part - I B (format 6.12 B) (To be filled
online)
SUPPORTING DOCUMENTS:
ii. Copy of the shareholding along with their terms & conditions as filed
with ROC.
iii. Copy of the last three/five years audited balance sheets or Annual
Accounts Statement for last three years as per clause no. 3.6 (C).
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6.1 Format of Covering Letter
(The covering letter should be on the Letter Head with a seal of the
Bidding Company / Lead Member of the Bidding Consortium)
Date : ____________________________
From : ____________________________
(Insert name and address of Bidding Company / Lead Member of the
Bidding Consortium)
Tel. # :
Fax. # :
E-mail address :
To,
Director,
Punjab Energy Development Agency
Solar Passive Complex
Plot No. 1- 2, Sector 33 D,
Chandigarh
Dear Sir,
We, the undersigned __________ [insert name of the Bidder] having
read, examined and understood in detail the RfP including Qualification
Requirements in particular and IA for implementation of Project with
PEDA, TPA to be signed amongst PID, PEDA & Develoepr, Land Lease
Page 88
Agreements and PPA for supply of hydel power for 35 years to PSPCL,
hereby submit our bid in response to RfP. We confirm that neither we nor
any of our Parent Company / Group Company / director(s) has submitted
response to RfP other than this response to RfP, directly or indirectly. We
are submitting application for the development of following MHP
Project(s):
Details of Project Proposal
Note: All formats (format sr. no. i to xiv) and supporting documents (sr.
no. i to iii) per Clause 6.0 of section 6 are to submitted separately in PDF
format for each project/site along with separate EMD for each project.
Page 89
Projec Project EMD Details of IPG / RTGS
t No. Capacity Amount, Bank Name of Amount, Name of Transa
, MW Rs. Guarantee the Rs. the ction
No. and issuing issuing No.
Date bank and bank and
Branch Branch
I
6. Acceptance
We hereby agree and accept that the decision made by PEDA in respect
of any matter regarding or arising out of the RfP shall be binding on us.
We hereby expressly waive any and all claims in respect of this process.
8. We are uploading herewith our response to the RfP with formats duly
signed as desired by you in the RfP for your consideration.
9. It is confirmed that our response to the RfP is consistent with all the
requirements of submission as stated in the RfP and subsequent
communications from the PEDA.
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10. The information submitted in our response to the RfP is correct to the
best of our knowledge and understanding. We shall be solely responsible
for any errors or omissions if any, in our response to the RfP.
11. We confirm that all the terms and conditions of our Bid are valid up to
___________(Insert date in dd/mm/yyyy) for acceptance (i.e. a period of
180 (one hundred and eighty ) days from the last date of submission of
response to RfP).
Name :
Designation :
Company :
Address :
Telephone Nos. :
Mobile No. :
Fax Nos. :
E Mail :
13. We have neither made any statement nor provided any information
in this Bid, which to the best of our knowledge is materially inaccurate or
misleading. Further, all the confirmations, declarations and
representations made in our Bid are true and accurate. In case this is
found to be incorrect after our selection as Successful Bidder, we agree
that the same would be treated as a bidders event of default under IA,
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TPA, Land Lease Agreement, and consequent provisions of IA, TPA,
Land Lease Agreement shall apply.
Thanking you,
Yours faithfully,
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6.2 Format for Power of Attorney to be provided by each of the
other members of the Consortium in favor of the Lead Member
POWER OF ATTORNEY
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required to submit Bid in response to RfP.
ii) To do any other acts or submit any informations and documents related
to the above response to RfP Bid, if required.
Name :
Designation :
Place :
Date :
Accepted
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(Signature, Name, Designation and Address of the person
authorized by the board of the Lead Member along with Company
Seal)
Attested
Place :
Date :
Page 95
Format 6.3 A: Format of Bank Guarantee for Earnest Money Deposit
Page 96
clause 3.20 of this RfP] and shall not be terminable by notice or any
change in the constitution of the Bank or the term of contract or by any
other reasons whatsoever and our liability hereunder shall not be
impaired or discharged by any extension of time or variations or
alternations made, given, or agreed with or without our knowledge or
consent, by or between parties to the respective agreement.
The Guarantor Bank hereby expressly agrees that it shall not require any
proof in addition to the written demand by PEDA, made in any format,
raised at the above mentioned address of the Guarantor Bank, in order to
make the said payment to PEDA.
Page 97
This Bank Guarantee shall be interpreted in accordance with the laws of
India and the courts at Chandigarh shall have exclusive jurisdiction.
The Guarantor Bank represents that this Bank Guarantee has been
established in such form and with such content that it is fully enforceable
in accordance with its terms as against the Guarantor Bank in the
manner provided herein.
Page 98
3.20 of this RfP]. We are liable to pay the guaranteed amount or any part
thereof under this Bank Guarantee only if PEDA serves upon us a written
claim or demand.
Signature :
Name :
Power of Attorney No. :
For
Page 99
Format 6.3 B: Format for Performance Bank Guarantee
Page 100
unequivocally, irrevocably and unconditionally to pay to PEDA at
__________________[Insert Name of the Place from the address of the
PEDA] forthwith on demand in writing from PEDA or any Officer
authorized by it in this behalf, any amount upto and not exceeding
Rupees _____________ [Total Value] only, on behalf of
______________[Insert name of the selected MHP Developer].
This guarantee shall be valid and binding on this Bank up to and including
___________[Insert the validity of Bank Guarantee] and shall not be
terminable by notice or any change in the constitution of the Bank or the
term of contract or by any other reasons whatsoever and our liability
hereunder shall not be impaired or discharged by any extension of time or
variations or alternations made, given, or agreed with or without our
knowledge or consent, by or between parties to the respective
agreement.
The Guarantor Bank hereby agrees and acknowledges that the PEDA
shall have a right to invoke this Bank Guarantee in part or in full, as it
may deem fit.
The Guarantor Bank hereby expressly agrees that it shall not require any
proof in addition to the written demand by PEDA, made in any format,
raised at the above mentioned address of the Guarantor Bank, in order to
make the said payment to PEDA.
Page 101
The Guarantor Bank shall make payment hereunder on first demand
without restriction, reservation or conditions and notwithstanding any
objection by ____________ [Insert name of the selected MHP
Developer] and / or any other person. The Guarantor Bank shall not
require PEDA to justify the invocation of this Bank Guarantee, nor shall
the Guarantor Bank have any recourse against PEDA in respect of any
payment made hereunder.
The Guarantor Bank represents that this Bank Guarantee has been
established in such form and with such content that it is fully enforceable
in accordance with its terms as against the Guarantor Bank in the
manner provided herein.
Page 102
absolutely or by way of security) by PEDA to any entity to whom PEDA is
entitled to assign its rights and obligations under the IA.
For
__________________ [Insert Name of the Bank]
Witness :
Signature :
Signature :
Notes:
1. The Stamp Paper should be in the name of the Executing Bank.
2. The Performance Bank Guarantee shall be executed by any of the Bank
from the List of Banks enclosed.
Page 103
Appendix A
CHECK LIST FOR BANK GUARANTEES
Page 104
SI. No. Details of checks YES / NO.
f) Does the Bank Guarantees compare in verbatim with
the Performa prescribed in the Bid Documents?
g) Are the factual details such as Bid Document No. /
Specification No., / LoA No. (if applicable) / Amount
of BG and Validity of BG correctly mentioned in the
h) Whether
BG. overwriting / cutting, if any, on the BG have
been properly authenticated under signature & seal
of executants?
i) Whether the BG has been issued by a Bank in line
with the provisions of Bidding documents?
j) In case BG has been issued by a Bank other than
those specified in Bidding Document, is the BG
confirmed by a Bank in India acceptable as per
Bidding documents?
Page 105
Format 6.4 - Format for Board Resolutions
(Formats for the Board resolution to be passed)
Page 106
[Note: In the event the Bidder is a Bidding Consortium, in place of the
above resolution at Sr. No. 2, the following resolutions are to be
provided]
And
Page 107
members of the Bidding Consortium].
Notes:
3) This format may be modified only to the limited extent required to comply
with the local regulations and laws applicable to a foreign entity
submitting this resolution. For example, reference to Companies Act
1956 may be suitably modified to refer to the laws applicable to the entity
submitting the resolution. However, in such case, the foreign entity shall
submit an unqualified opinion issued by the legal counsel of such foreign
Page 108
entity, stating that the Board resolutions are in compliance with the
applicable laws of the respective jurisdictions of the issuing company and
the authorizations granted therein are true and valid.
Page 109
Format 6.5 - Consortium Agreement
(To be on non-judicial stamp paper of appropriate value as per Stamp
Act relevant to place of execution)
AND WHEREAS the PEDA desires to implement Mini Hydel Projects for
sale of power to State utility (PSPCL) under NRSE Policy-2012.
Page 110
AND WHEREAS, the PEDA had invited response to RfP vide its Request
for Proposal (RfP) dated _________, WHEREAS the RfP stipulates that
in case response to RfP is being submitted by a Bidding Consortium, the
Members of the Consortium will have to submit a legally enforceable
Consortium Agreement in a format specified by PEDA wherein the
Consortium Members have to commit equity investment of a specific
percentage for the Project.
Page 111
the scope of collective liability envisaged in this Agreement.
5. Subject to the terms of this Agreement, the share of each Member
of the Consortium in the issued equity share capital of the project
Company is / shall be in the following proportion:
Name Percentage
Member 1 ---
Member 2 ---
Member 3 ---
Total 100%
(Lead Member of the Consortium shall hold more than 50% of shares)
Page 112
contribution of the Lead Member shall not be limited in any way so
as to restrict or limit its liabilities. The Lead Member shall be liable
irrespective of its scope of work or financial commitments.
10. This Agreement shall be construed and interpreted in accordance
with the Laws of India and courts at Chandigarh alone shall have
the exclusive jurisdiction in all matters relating thereto and arising
there under.
11. It is hereby further agreed that in case of being selected as the
Successful Bidder, the Members do hereby agree that they shall
furnish the Performance Guarantee in favor of PEDA in terms of the
RfP.
12. It is further expressly agreed that the Agreement shall be
irrevocable and shall form an integral part of the Power Purchase
Agreement (PPA) and shall remain valid until the expiration or early
termination of the PPA in terms thereof, unless expressly agreed to
the contrary by PEDA.
13. The Lead Member is authorized and shall be fully responsible for
the accuracy and veracity of the representations and information
submitted by the Members respectively from time to time in the
response to RfP and the RfP Bid.
14. It is hereby expressly understood between the Members that no
Member at any given point of time, may assign or delegate its
rights, duties or obligations under the PPA except with prior written
consent of PEDA.
15. This Agreement:
a) has been duly executed and delivered on behalf of each
Member hereto and constitutes the legal, valid, binding and
enforceable obligation of each such Member;
b) sets forth the entire understanding of the Members hereto
Page 113
with respect to the subject matter hereof; and
c) may not be amended or modified except in writing signed by
each of the Members and with prior written consent of PEDA.
16. All the terms used in capitals in this Agreement but not defined
herein shall have the meaning as per the RfP, IA, TPA and PPA.
Witnesses:
1) Signature :
2) Signature :
Name: Name:
Address: Address:
Witnesses:
1) Signature :
Page 114
2) Signature :
Name: Name:
Address: Address:
Witnesses:
1) Signature :
2) Signature :
Name: Name:
Address: Address:
Page 115
[on the letter head of Bidder]
Format 6.6 - FORMAT FOR FINANCIAL REQUIREMENT
(to be filled separately for individual projects)
To,
Punjab Energy Development
Agency
Solar Passive Complex
Plot No. 1-2, Sector 33-D,
Chandigarh
Dear Sir,
Net worth Requirement: Rs. 2,00,00,000/- (Rupees Two Crore Only) per
MW.
Page 116
Name of the Name of Relationship Either Financial Net worth
Bidding the Parent with Bidding Year to be of the
Company Company Company* considered for Company
whose Net Net Worth or (Rs. In
Worth is to Net Worth of the Crores)
be respective
considered Company not
later than 7
days prior to
submission of
RfP
Total
Net worth Requirement: Rs. 2,00,00,000/- (Rupees Two Crore Only) per
MW
Name of the Name of the Relationship Either Financial Net worth of Equity Committed Net
Consortium Consortium with Bidding Year to be the Commitment (in Worth (in Rs.
Member Member Company* If considered for Consortium %age) in Crore)
Company whose Net any Net Worth or Net Member Bidding
Worth is to Worth of the Company, Rs. Consortium
be respective In Crores
considered Company not
later than 7 days
prior to
submission of
RfP
Company 1
-----
-----
Total
Page 117
establish the relationship, duly certified by the company secretary /
chartered accountant is required to be attached with the format.
-----
-----
-----
Total
Date:
Page 118
Note:
(i) Along with the above format, in a separate sheet, provide details of
computation of Net Worth duly certified by Statutory Auditor.
(ii) Certified copies of Balance sheet, Profit & Loss Account, Schedules
and Cash Flow Statements and Bank statement by bank are to be
enclosed in support thereof for confirmation of balance in cash & bank.
(iii) For existing companies also complete all details in Exhibit (ii) for
Internal Resource Generation (IRG) as well as Annual Turnover also.
(iv) In case the annual accounts of the Bidding Company for the year
2012-13 have been finalized and audited, then the last three/five years
accounts up to 2012-13 can be submiited in support of meeting with the
Financial Criteria detailed above.
Page 119
[on the letter head of Bidder]
Dear Sir,
We hereby undertake to certify in line with clause 3.22 under the title
"Financial Closure or Project Financing Arrangement" that the following
details and documents shall be furnished before financial closure:
1. That the technology proposed to be used is commercially established
technology and different projects are working successfully on the basis
of this technology.
2. Details of the projects with location and the successful operational period
of the project utilizing this technology.
Page 120
Format 6.8 - Format for Disclosure
Disclosure
We further declare that the above statement is true & correct. We are
aware that if at any stage it is found to be incorrect, our response to RfP
bid will be rejected and if Allotment letter has been issued or IA, TPA,
Land Lease & PPA has been signed, the same will be cancelled and the
bank guarantees (EMD, PBG) will be encashed.
(Signature & Name of the person Authorized By the board along with
Company seal)
Page 121
Format 6.9 Format for submission of Net Availed Tariff
(Net Availed Tariff shall be quoted separately for each project)
Project
i. Capacity:__________, MW
ii. Location: ___________ (Site, RD, Canal)
Compan Tariff Tariff as Discount offered in Tariff as per Discount offered Net Tariff Offered
y Name Opted per CERC Paisa / kWh (Unit) of CERC Tariff in Paisa / kWh After Discount on
(Normal Tariff Electrical Power Order FY (Unit) of CERC Tariff,
Rate of Order FY 2013-14 Electrical Power Paisa / Paisa /
Depreciat 2013-14 kWh kWh
ion / Normal (In (In Accelerated (In (In Normal Accelera
Accelerat Rate of Figures) words) Rate of Figures words) Rate of ted Rate
ed Rate Depreciat Depreciation ) Deprecia of
of ion* * @474 Paisa tion Deprecia
Depreciat @516 / kWh tion
ion)* Paisa /
kWh
(A) (B) (C ) (D) (E) (F) (G) = (A) (H) = (D)
(B) (E)
Project
Page 122
Format 6.10: Format for Declaration for Bidders
We have read, understood and hence accept the terms and conditions
specified in Request for Proposal, Implementation Agreement, Tripartite
Agreement, Land Lease Agreement, and all supporting appendices and
we hereby agree that all the details and documents furnished by us are
true and correct. We verify the same.
We also understand that the bid documents & offer submitted by us along
with all supporting copies of documents / deeds / balance sheets etc. are
true and correct and have not been signed while uploading, as these have
been checked and verified before uploading by using class III digital
signature of authorized signatory. We understand that we are fully legally
bound by the submission of all these documents, even if not signed. The
documents submitted without signatures carry the same meaning as with
signatures and stamp as the online document submission is covered
under Information Technology Act 2000.
Page 123
Format 6.11: Format for Declaration for Bidders
We have visited the site of the Mini Hydel Project for which we have
submitted this bid and have satisfied ourselves regarding the availability
of discharge in the canal, pattern of flow as per irrigation requirements,
available head for power generation and availability of land and its
surrounding areas for setting up of Mini Hydel Project.
Page 124
Format 6.12 A Summary Data Sheet Part 1 A
(Qualification)
(The summary sheets to be filled and submitted online, the below table
shows only specimen copy)
Page 125
Sr.
No. Description Details/Compliance Page No.
ii Date
iii Transaction No.
E - Processing Charges (Non
9 Refundable)
i Amount, Rs.
ii Date
iii Transaction No.
Bid Processing Fee Details
10 (Non Refundable)
i Amount in (Rs. Lacs)
ii Date
iii Transaction No.
11 Details of BG Submitted
towards EMD (@ Rs.
_________/- Lac (Rupees
__________only) per MW) -
Project
In case of RTGS mode
i RTGS Transaction No.
ii RTGS Transaction Date
In case of BG mode
i BG No. & Date of Issue
ii Amount (in Rs. Lacs)
iii Name of the Issuing Bank
iv BG Valid Upto
The excel sheet is available for reference at the website of
www.etender.punjabgovt.gov.in
Page 126
Format 6.12 B Summary Data Sheet Part 1 B
(Techno Commercial)
(The summary sheets to be filled and submitted online, the below table
shows only specimen copy)
Page 127
Sr. Page
No. Description Compliance No.
Internal Resource Generation
FY 2009 10
FY 2010 11
FY 2011 -12
Financial Year to be Considered
Annual Turn Over
FY 2009 10
FY 2010 11
FY 2011 -12
Financial Year to be Considered
Consortium Member 2:
Net worth
FY 2009 10
FY 2010 11
FY 2011 -12
Financial Year to be Considered
Internal Resource Generation
FY 2009 10
FY 2010 11
FY 2011 -12
Financial Year to be Considered
Annual Turn Over
FY 2009 10
FY 2010 11
FY 2011 -12
Financial Year to be Considered
Consortium Member 3:
Net worth
FY 2009 10
FY 2010 11
FY 2011 -12
Financial Year to be Considered
Internal Resource Generation
FY 2009 10
FY 2010 11
FY 2011 -12
Financial Year to be Considered
Annual Turn Over
FY 2009 10
FY 2010 11
FY 2011 -12
Page 128
Sr. Page
No. Description Compliance No.
Financial Year to be Considered
Total Financial details:
i Net Worth
ii Annual Turn Over
iii Internal Resource Generation
6 Confirm attachment of Financial
requirements as per format 6.6 (Yes /
No)
7 Confirm submission of "Net Worth"
certificate for newly incorporated
companies and "Net Worth", Internal
Resource Generation" and "Annual
Turn Over" from a Chartered
Accountant. (Yes / No)
8 Confirm attachment of Board
Resolution as per format 6.4 (Yes /
No)
9 Confirm attachment of Consortium
Agreement as format 6.5 if applicable
(Yes / No)
10 Confirm attachment of disclosure
statement as per format 6.6 (Yes / No)
Page 129
Annexure 1
Page 130
Annexure - 2
List of Banks: Scheduled Commercial Banks
A SBI and Associates C Scheduled Private Bank
List
1 State Bank of India 1 Federal Bank Ltd.
2 State Bank of Bikaner & 2 ING Vysya Bank Ltd.
Jaipur
3 State Bank of Hyderabad 3 Axis Bank Ltd.
4 State Bank of Indore 4 ICICI Bank Ltd.
5 State Bank of Mysore 5 HDFC Bank Ltd.
6 State Bank of Patiala 6 Yes Bank Ltd.
7 State Bank of Travancore 7 Induslnd Bank Ltd.
8 IDBI Bank Ltd.
B NATIONALISED BANKS
1 Allahabad Bank 12 Punjab National Bank
Page 131
Annexure 3
List of Mini Hydel Project sites
Sr. Name of the Site RD Gross Full Supply Estimated
No Water Discharge Power Potential
in Ft. Head (Mt.) (Cumecs) (KW)
I Ferozepur Feeder
TOTAL 7331 KW
Page 132
Annexure - 4
IMPLEMENTATION AGREEMENT
This Agreement made on this ___ day of the _______ month of 2013.
BY AND BETWEEN
&
Page 133
*strike off whichever is not applicable
WHEREAS:
C. After evaluation of the proposals received, PEDA accepted the bid of the
Company for development of Mini Hydel Project at site ________ RD
____ ft. on _______ canal capacity ___ MW and issued Letter of Award
No. ___________ dated _____________ (herein after called the LoA) to
the Company herein requiring, inter alia, the execution of this Agreement.
Page 134
Agreement, the receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound hereby, the Parties
agree as follows:
ARTICLE 1: DEFINITIONS
Page 135
Commission means the Punjab State Electricity Regulatory
Commission (PSERC).
Duration of the Agreement means the period starting from the date of
execution of this Agreement till 35 years from the date of Commencement
of Commercial Operation.
DPR means the Detailed Project Report prepared by the company and
as approved by PEDA or any revision thereof approved by PEDA after
getting hydraulic parameters/DPR vetted by PID.
Energy Unit means one Kilo Watt Hour (kWh) of electrical energy.
Full Supply Level or FSL means the designed full supply level of the
canal at the project site as per PID.
Generation shall mean the generation in KwH at generator terminals.
GOP means the Government of Punjab and includes all agencies and
authorities under its control / regulations including but not limited to PEDA
Page 136
Renewable Energy, Ministry of Power, Ministry of Environment & Forests
and IREDA.
NRSE Policy - 2012 means the New & Renewable Source of Energy
policy notified by GOP to give incentives for the generation of power from
new and renewable sources of energy and any amendment thereto.
Page 137
by PID, civil structures including head race channel, tail race channel,
power house and works associated with the power house, electrical and
mechanical plant(s) and equipment(s), 11 kV or 66 kV switch yard (as the
case may be) including transformers, breakers, CT/ PTs, wave traps,
structures, isolators etc., instrumentation and control equipment,
telephone and wireless systems etc.
Project Site means site on the canal fall / water stream where the
Project is proposed to be established.
Page 138
Saleable units shall mean the net energy units sold/billed to PSPCL
from the mini hydel project at the Interconnection Point.
ARTICLE 2: INTERPRETATIONS
2.1.1 The nomenclature of the headings and paragraphs are for the
convenience of reference only and shall be ignored in construing or
interpreting this Agreement.
2.1.2 References to persons and words denoting natural persons shall include
bodies corporate and partnerships, joint ventures and 'statutory and other
authorities and entities.
2.1.3 References to any enactment, ordinance or regulation or any provision
thereof shall include any amendment thereof or any replacement in whole
or in part.
2.1.4 Reference to recital(s), article(s), clause(s), sub-clause(s) annexure(s) or
schedules shall unless the context otherwise requires, be the recital(s),
article(s), clause(s), sub-clause(s) annexure(s) or schedules of this
Agreement.
2.1.5 The words importing singulars shall include plurals and vice-versa as may
be necessary.
Page 139
2.1.6 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 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
the-liability or obligations of any Party hereunder or pursuant hereto in
any manner whatsoever.
2.1.7 Any agreement, consent, approval, authorization, notice, communication,
information or report required under or pursuant to this Agreement from or
by any Party shall be valid and effectual only if it is in writing and under
the hands of a duly authorized representative of such Party in this behalf
and not otherwise.
2.1.8 Any reference to any period commencing from" a specified day or date
and "till" or "until" a specified day or date shall include both such days and
dates.
A. The Company has bidded for the project at a net tariff of Rs _______per
kWh {Benchmark tariff of Rs ------/KwH for the year 2013-14( being Tariff
with normal/Accelrated rate of depreciation) less discount of Rs -------
/KwH} and evaluated as lowest bidder based on which the project has
been awarded to the Company and Company has agreed to sell all
energy generated at the Project to PSPCL.
B. For the purpose of actual payments for the power sold to PSPCL,
the net tariff will be the tariff determined by CERC/PSERC for MHPs
during the scheduled year of commissioning (including extension
duly granted by PEDA) less the discount (irrespective of normal or
Page 140
accelerated rate of depreciation) now quoted by the bidder in the bid
for the site submitted against this bidding.
C. This tariff shall be applicable for tariff period of 35 years from Date of
commercial operation. The tariff shall remain constant throughout the
Tariff Period No additional payment shall on any account be payable to
the Company. The Company will undertake to PSPCl that it shall avail the
admissible grant / subsidy from GOI for the project if available and it will
be passed on to the PSPCL with in 20 days of its receipt failing which the
Company shall pay the amount with penal interest as base rate of
SBI+4.25% worked out on day to day basis...
4.1 General
Page 141
iii) The Company shall be permitted to use the project site for
generation of energy through Mini Hydel Project only and not to
carry out any other activity, business, and transactions other than
generation of power and its associated activities on the project site.
iv) The Company shall have no right to claim any compensation from
PEDA/PID or from any other developer for exploration of potential
upstream or downstream of the site allotted to him. The supplies in
the canal shall be run and regulated as per demand/supply of canal
water and strictly as mandated in the Northern India Canal &
Drainage Act 1873 (as amended from time to time) which would
applicable in this case also. The Company shall satisfy themselves
with hydrological data and pattern of discharges, which vary
according to Irrigation requirement in canal and distributories.
Considering these parameters, Company may structure Power
Plant at their own risk. PEDA/PID shall in no way be responsible for
decreased/increased generation accruing as a result of variations in
canal flow.
v) Prior to signing of this Agreement, the Company shall be informed
of any proposed mini hydel projects and / or distributary canals
upstream or downstream of the project sites, which in the opinion of
PEDA will have a bearing on the project viability.
vi) The company shall not be permitted to under utilise the potential of
the site as determined in the DPR except for reasons beyond the
control of the Company.
vii) PID letter no. ______ dated _____, CDO letter no. _____ dated
______, companys acceptance letter dated _____ and DPR
approval by PEDA vide letter no. ____ dated ______ are integral
part of this agreement.
Page 142
viii) The Company shall not assign or transfer its rights and benefits of
selected bidder to any other third party.
ix) The Company agrees to implement the Mini Hydel Project keeping
in view the quality control measures as well as safety standards as
per laws of the State & Government of India. The Company shall
submit to PEDA monthly progress report of implementation of
project along with photographs of the progress till its
Commissioning before 7th day of each calendar month.
x) The company shall ensure that the safety of the canal is always
ensured during execution as well as operation of the project, as
instructed by the PID.
xi) The Company shall take insurance cover from reputed insurance
Company as is required by law and prudent utility practices and
PEDA shall not be liable for safety of persons and property of the
Company and shall not be in any way liable for any damage that
may occur to the power project or the Companys employees,
agents, representatives etc.
4.2 Effectiveness
Page 143
may consider extension in scheduled date of commissioning of the
project on submission of documentary evidence by the company
and the scheduled date of commissioning shall be extended after
approval of competent authority.
The Company shall establish, operate and maintain the Mini Hydel
Project and interconnection facilities for evacuation of power from
the project as per provisions of RfP & PPA. The PPA with PSPCL
shall be an integral part of the Implementation Agreement and the
parties shall abide by the same.
Page 144
ii) Agreement With Punjab Irrigation Department (PID)
4.5 The Company shall submit and get the Detailed Project Report
(DPR) approved from PEDA before execution of Implementation
Agreement. The installed capacity of the project will be taken as
finanlised in the DPR. The Detailed Project Report shall contain
Executive Summary, Technology Overview, Detailed Survey &
Investigation of Discharge, Head etc., Detailed Layout Plan to be
finanlised after compliance of all the stiplations etc. made by PID
while vetting hydraulic parameters / DPR. Detail of all the features
of power house, HRC, TRC, Canal Related works and all other civil,
electro-mechanical, hydromechanical works details, ODY,
evacuation system, cost of civil & E&M works, Forest
Compensation etc. and all type details relating to cost of generation,
sale realization, PLF, IRR, DSCR, Project Description, Plant and
Equipment Design Criteria, Power Evacuation System & Grid
Interaction, Construction Programme Schedule, Permits and
Page 145
Licence Required, Operation and Maintenance Requirements,
Social & Environment Impact Assessment, Risk Assessment,
Project Cost Estimate & Financial Analysis and Conclusion.
Page 146
ARTCLE 5: BENEFITS OF NEW AND RENEWABLE SOURCES
OF ENERGY (NRSE) POLICY OF 2012 TO THE
COMPANY
Page 147
ARTICLE 6: OBLIGATIONS OF PARTIES
i. The Company shall act as per the terms and conditions of RfP;
ii. In case of Consortium, the share holding pattern and
Controlling Shareholding pattern (held by the Lead Member
holding more than 50% of the voting rights) shall not change
from the date of submission of RfP upto one year after the
commissioning of the Project.
iii. a) Power Purchase Agreement (PPA):
Page 148
in force for 35 (Thirty five) years from the date of Commercial
Operation.
v. Technology:
Page 149
terms and conditions. Ownership of such land will remain with
PID.
In the absence of availability of PID land as per Sr. No. vi
above, the developer is fully responsible for getting the private
land at their own expenses.
Page 150
x. Alternative Facilities
Page 151
xiii. Canal Safety / Discharge regulation
xv Compensatory afforestation
Page 152
Article 7.0: CONSEQUENCES OF DELAY IN COMMISSIONING BY
THE COMPANY
A. Encashment of Performance Security:
B. Termination of IA:
Page 153
ARTICLE 8: DEFAULTS
iii) The Company assigns all or part of its rights or its obligations
under this agreement or transfer its assets in violation of any of
the provisions of this agreement.
iv) The transfer pursuant to law of either the Companys rights and
or its obligations under this agreement of all or a substantial
Page 154
portion of the Companys assets or undertakings or the
dissolution of the Company pursuant to law including, by way or
merger or consolidation, liquidation and reconstitution or re-
organization
ii) On receipt of the default notice, the defaulting party shall take
immediate steps to cure such a default within a period of ninety
90 days from the receipt of the default notice with due notice to
the non-defaulting party of steps taken by it to cure the above
default.
iii) In the event the reasons leading to the default have been cured
to the reasonable satisfaction of the non-defaulting party, the
default notice shall cease to have any effect.
Page 155
8.4 Remedies available to the PEDA
Page 156
ARTICLE 9: TERMINATION
i) the Company does not sign TPA and PPA with PID & PSPCL
respectively as stipulated in the Implementation Schedule
attached as Annexure 4 A to this Agreement.
ii) if the company does not achieve financial closure, statutory
clearances like Forest, PPCB, Land Lease Agreements and
approval of layout drawings / design, from the conserned
authorities as stipulated in the Implementation Schedule.
iii) The company does not start construction work at site after
statutory clearances as stipulated in the Implementation
Schedule.
iv) The company does not deposit the land lease money as per
the agreements with PEDA for onward submission to PID,
within 180 days from the due date along with interest as
stipulated in the land lease agreement.
v) In case of undue delays by the company.
In case of delays stated above on the part of the company, the
agreements will be terminated and performance security of the
company shall be forfeited by PEDA.
Page 157
9.3 In the event that this agreement is terminated prior to the start of
the construction of the project, all rights of the Company shall
revert back to the PEDA.
Page 158
ARTICLE 10: FORCE MAJEURE
ii. The affected party has been unable to prevent by the exercise
of due diligence and reasonable efforts, skill and care, including
through expenditure of reasonable sum of money and
Page 159
i) Acts of God or events beyond the reasonable control of the
affected party which could not reasonably have been expected to
occur such as extreme adverse weather or environment
conditions, lighting, heavy rains, cyclones, tempest, whirlwind,
landslides, storms, floods, volcanic, eruptions or fire (to the
extent originating from the source external to the site or not
designed for in construction works);
Page 160
10.3 Political Force Majeure Event
i) Change in law.
Page 161
10.5 Obligations of the parties in case of Force Majeure Event:
i) The parties shall cooperate and negotiate in good faith and will
develop implementation plan of remedial and reasonable
alternative measures to remove / remedy Force Majeure event to
enable the performance of the affected party provided however,
that no party shall be required under this provision to settle strike
or other labour dispute.
ii) Upon the occurrence and during the subsistence of any Force
Majeure event, none of the parties shall be relieved of their
liabilities/obligations including liability for payment as per the
Agreement.
Page 162
remove/remedy the force majeure event it shall be construed as
a default of such party and then relevant provisions of Article 10
shall apply.
Page 163
ARTICLE 11: PAYMENTS BY THE COMPANY
i) Faciliation Charges
iv) All type of registration, taxes, duties etc. shall be paid by the
Page 164
company for execution of agreements / works as per the relevant
provisions of law / NRSE Policy-2012.
v) Wherever Irrigation land on canal banks is available, Punjab
Irrigation Department (PID) will transfer canal land to PEDA on
notional lease amount of Rs. 1.50 lac per annum per site. The
leased canal land will be subsequently transferred to the power
producers for development of Small Hydro Projects on Build,
Operate and Own basis for 38 (three years shall be considered
as construction period) years on the same terms and conditions
set forth by PID subject to further renewal on mutually agreed
terms and conditions. Ownership of such land will remain with
PID. The land lease amount will be deposited by the company /
developer to PEDA @ Rs. 1.50 lac per annum per site in
advance i.e. every year upto or before the date of signing of
Land Lease Agreement and the same amount will be forwarded
to Punjab Irrigation Department. In case of default / delay in
deposit of land lease amount well in time, interest @ 15% per
annum shall be paid by the MHP Developer on the defaulted
amount for the delayed period for onward deposit to Punjab
Irrigation Department. In case the company is not depositing
the above said amount with PEDA for onward submission to PID,
within six months from its due date, the same will be recovered
through PSPCL from its energy bill payable by PSPCL alongwith
interest as stipulated in land lease agreements and service
charges of PSPCL as applicable.
Page 165
ARTICLE 12: REPRESENTATION AND WARRANTIES
i) That PEDA has the power to execute, deliver and perform fully
all its obligations and liabilities under this agreement and
ii) It has full power and authority to execute, deliver and perform
its obligations under this Agreement and to carry out the
transactions contemplated hereby;
iii) It has taken all necessary corporate and other action under
Applicable Laws and its constitutional documents to authorise
the execution, delivery and performance of this Agreement;
Page 166
v) This Agreement constitutes its legal, valid and binding
obligation enforceable against it in accordance with the terms
hereof;
viii) The Company has complied with all Applicable Laws and has
not been subject to any fines, penalties, injunctive relief or any
other Civil or criminal liabilities which in the aggregate have or
may have material adverse effect on its financial condition or its
ability to perform its obligations and duties under this
Agreement;
Page 167
ARTICLE 13: INDEMNITY
13.1 The Company shall bear the responsibility, for any third party claim
action of any proceedings of whatsoever nature (including without
limitation) those initiated by any statutory authority, court or tribunal
or government agency against the PEDA, its officers and
employees in respect of any loss of or damages to the property
death or injury to the person together with all expenses relating
thereto (including without limitation all legal fees) arising out of or in
relation to the design, constructions, ownership operation and
maintenance of the project etc. or omission of the Company,
contractors or their sub contractors or the lenders to comply with the
applicable laws, without recourse to the PEDA and the Company
shall hold PEDA, its officers and employees fully indemnified in
respect thereof.
13.2 PEDA shall notify the Company of any claim, action or proceedings
in respect of which it is entitled to be indemnified under this clause.
Such notice within 60 days shall be given after PEDA becomes
aware of such claims, action or proceedings.
13.3 PEDA shall have the right, but not the obligation to defend and
litigate (and to retain the legal advisors of its choice in connection
therewith) any claim action or proceedings alleged or asserted
against PEDA its officers or its employees in respect of which it is
indemnified under this clause, and the reasonable costs and
expenses thereof shall be subject to such indemnify provided that
the Company shall be entitled at its option, and it permitted by law,
to assume and control the conduct and defence of such claim,
Page 168
action or proceedings at its expenses and through its own legal
advisors if it:
Page 169
ARTICLE 14: RESOLUTION OF DISPUTES
14.1 The parties shall attempt to resolve any dispute, arising out of or in
connection with this agreement (hereinafter referred as the dispute)
by mutual discussion. In the event that any dispute cannot be
resolved between the parties with in a period of 30 days of the
commencement of the discussions, then such dispute shall be
settled under the Arbitration & Reconciliation Act 1996. Chief
Executive, PEDA shall be the sole arbitrator. The arbitration shall be
conducted at Chandigarh, India in English language. Any award
given by the arbitrator shall be final and binding on the parties and
shall be in lieu of any other remedy within the meaning of arbitration
and reconciliation Act1996.
14.2 The Chief Executive, PEDA shall act as sole arbitrator in case of
any dispute between the parties.
14.3 Neither party shall resort to any proceeding in the court except for
the enforcement of award in respect of a dispute having first
exhausted the remedy under this clause.
Page 170
ARTICLE 15: Miscellaneous
Both the Parties shall do and execute all such acts, deeds,
assurances and things as may be necessary and proper for carrying
out the terms of this Agreement. The Parties agree to negotiate and
enter into such agreements as may be required to give effect to the
understanding reached herein.
15.3 No Partnership
15.4 Waiver
Page 171
the exercise of any right, power or privilege. The rights and
remedies provided in this agreement are cumulative and not
exclusive of any rights or remedies otherwise provided by law.
15.5 Severability
15.6 Survival
15.7 Confidentiality
Page 172
Upon the transfer of the reports and studies prepared as a result of
investigations and geological surveys conducted by PEDA in
respect of the site to the Company neither party shall disclose such
reports and studies to any third party or publish the same in any
manner except with the prior approval of the other party.
15.9 Assignment
The Company shall not sublet or transfer its rights accrued under
this agreement to any third party except for the purpose of arranging
or re-arranging finance for the project.
15.10 Communication
Page 173
The communication shall be addresses as below:
If to the Company
Managing Director
M/s_________________
_________________
If to PEDA
Director
15.11 Headings
That the heading or titles of the several sections hereof are for
convenient of reference and shall not affect the construction or
interpretation of this agreement.
15.12 Amendment
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15.13 Successors bound
This agreement shall be binding on and shall ensure for the benefits
of the successors of the parties.
In witness whereof, the parties hereto have executed and delivered this
agreement in the presence of witnesses at Chandigarh, India on the date,
first month and year written above,
__________________________ _____________________________
Director
Page 175
Annexure-4 A
Page 176
Annexure-5
TRIPARTITE AGREEMENT
Page 177
meaning thereof, which include its successors, executors, administrators,
representatives or permitted assignees) of the third part.
Whereas PEDA has decided in line with the policy, guidelines of the
Government of Punjab to allow the setting up of Mini/Micro Hydel Power
Generation Project (hereinafter referred to the Project) on Build Operate
and Own (BOO) basis in private sector after having invited proposal for
private investment in such projects; interalia Mini Hydel Project ______ in
___________ District, Punjab of the capacity of ______ KW and
thereafter PEDA having approved the detailed Project report of the said
Company.
Page 178
1. PID shall lease out the canal land to PEDA, available (beyond its
requirement for canal section) at the site for construction and
development of Mini Hydel Project allotted to the
Company/Promoter, in return, for a lease money at the rate
Rs. 1,50,000/- (Rupees One Lac Fifty Thousand only) per annum
per site for period of 38 years which may be extended on mutual
consent. The period of 38 years can be curtailed down if the
installed machines/plant become redundant or the agreement is
terminated.
PEDA would further permit the Company/Promoter the utilisation of
canal land and execute a sub-lease deed and Company/Promoter
shall be permitted to mortgage the sub-lease deed for raising funds
from Govt. approved financial institutions. The ownership of the
canal land, however, shall continue to remain with Punjab Irrigation
Department.
Page 179
PSPCL. Any delay in making payment would carry interest @ 15%
per annum of delayed amount for the period of delay.
Page 180
care of the requirement of the system before the commencement of
the construction of Power Houses. PID shall make all efforts to vet
the layout drawings expeditiously.
7. Alternative Gauge reader Huts or any other buildings that is
required to be dismantled for setting up Hydro Plants shall be
constructed by Company/Promoter at their cost as per the
design/specifications and requirements of PID and to the entire
satisfaction of the Engineer Incharge of PID, before its actual
dismantling.
8. The PID shall have no objection to the realignment of
minor/distributory on the proposed hydel site during construction
phase but the same must be restored or re-channlised on
completion of Power House by the Company. The work of
realignment/re-channalisation/remodeling of canal works on account
of combining of adjacent sites if required or restoring shall be done
by the Company/Promoters at their own cost under the supervision
of PID, as per design/specifications approved by PID. However, the
canal works shall at all times remain the property/assets of PID. The
Company/ Promoters shall furnish an indemnity bond to indemnify
the Govt. of any loss/damage to the canal during the project
construction period.
9. The Company/Promoter shall have no right to claim any
compensation from PID/PEDA or from any other developer for
exploration of potential upstream or downstream of the site allotted
to him. The supplies in the canal shall be run and regulated as per
demand/supply of canal water and strictly as mandated in the
Northern India Canal & Drainage Act 1873 (as amended from time
to time) which would applicable in this case also. The
Company/Promoter shall satisfy themselves with hydrological data
Page 181
and pattern of discharges, which vary according to Irrigation
requirement in canal and distributories. Considering these
parameters, Company/Promoter may structure Power Plant at their
own risk. PID/PEDA shall in no way be responsible for
decreased/increased generation accruing as a result of variations in
canal flow.
10. The Company/Promoter shall give an undertaking to PID to the
effect that the safety of the canal shall not be jeopardised during
construction phase and thereafter barring unforeseen situation like
calamities, earth quakes, cyclone, flood, war like situations etc.
Inspite of the undertaking, if a breach of canal occurs due to non-
adherence of Safety Rules or Regulations or Negligence or Faulty
Operation of the plants causing losses to the public/private property,
the Company/Promoter shall make good such losses and shall pay
compensation as decided by the Govt.
11. The Company/Promoter shall ensure uninterrupted flow of water in
canal system during construction phase of plant at their cost to the
entire satisfaction of PID.
12. The Company/Promoter agrees not to sublet/transfer its rights
accrued under this agreement to any other party saves as provided
under this agreement and the other rules/agreements governing the
implementation of the Project.
13. The Company/Promoter shall be liable to pay all fees, cess, etc. in
terms of the implementation agreements with PEDA.
14. The Company/Promoter shall ensure that while implementation the
Project, it shall not effect any public utility scheme such as drinking
water, Irrigation schemes approach path/roads etc.
Page 182
15. This Agreement is exclusive to the parties hereto and
Company/Promoter assigns its right and benefits there under except
with mutual consent.
16. Each party hereto agrees that it shall not divulge any trade,
commercial of technical secrets of confidential matter of one
another to any third party, save and except for the purpose of
implementing the understanding reached in this agreement.
17. Neither party shall be considered to be in default under this
agreement for any breach of the term due to the restrictions
onerous or regulations by any government or statuary authority or
agency or other cause beyond its responsible control.
18. The departmental/supervision charges, wherever applicable, shall
be levied as per NRSE Policy-2012 of Punjab Government issued
vide Punjab Govt. Gazette Notification No.
10/174/2012/STE(3)/4725 dated 26.12.2012.
19. The Company / Developer of Mini Hydel Project will restrict the leaf /
height of regulation gates upto Full Supply Level only.
20. Stipulations/conditions as per PID memo no. ______dated ______
regarding implementation / regulations etc. for the MHP to be set
up at ________ RD _____ ft. of __________ Canal , forms the
integral part of this agreement. The company / promoter will strictly
adhere to the same to the satisfaction of PID, while designing,
implementing this project and during its entire operation period of
the project.
Page 183
to this agreement, every such dispute/difference or question shall be
resolved by the parties by mutual negotiations failing which it shall be
resolved in accordance with the provisions of the Arbitration and
Reconciliation Act 1996, as amended from time to time. All legal
proceedings, if any relating to this agreement shall be subject to territorial
jurisdiction of the competent Civil Court at Chandigarh.
In witness whereof the parties hereto have set their hands this ..
at Chandigarh in the presence of:
For and on behalf For and on behalf of PEDA For and on behalf of
of Governor of Punjab Company/Promoter
Page 184
Annexure-6
_____________.
BETWEEN
AND
WHEREAS:
a) LESSOR is the owner of the land acquired by the LESSOR under
the Land Acquisition Act and the land is in the possession to the
LESSOR including the Plot (size ______ sqm ) hereinafter
Page 185
described existing on the _____ bank of ___________ Canal from
RD ________ ft. to RD ______ ft..
(b) The Lessor has agreed to lease out the said plot and Lessee has
agreed to take on lease the said Plot on the terms and conditions
hereinafter appearing for the purpose of constructing and setting up
of ________ Mini Hydro Electric Power Project (capacity ____ KW)
by the private developers/promoters/company at its own or through
any other Party, on the terms and conditions contained in the
Implementation Agreement/Tripartite Agreement signed with them
for development of Mini Hydel Projects.
Page 186
The said plot which is referred in this Lease Deed is more clearly
delineated and shown in the attached plan.
2. The Lessor hereby hands over the possession of the said Plot to
the Lessee with the execution of this Lease Deed. The lessee shall
hold the said Plot with its appurtenances upto lease period for the
term of 38 years commencing from the date of handing over the
site, except and always reserving to Lessor subject to prior written
consent of the lessee:
(b) Full right and title to all mines and minerals in and under the
said Plot or any part thereof.
3. The Lessee shall pay to the lessor a Lease Rent for the lease
period each year on or before dated ______ @, Rs. 1,50,000/-
(Rupees One Lac Fifty Thousand only) per annum per site. In case
of default in payment of the Lease Rent interest @ 15% per annum
shall be charged on the defaulted amount for the delayed period.
4. The Lessee shall be liable to pay all local taxes, charges and
assessment in respect of the said Plot and or Building constructed
thereon assessed or imposed from time to time by any State/Central
Govt. or any other statutory authority.
5. The Lessee will obey and submit to all directions or regulations
made by the lessor, now existing so far as the same are incidental
to the possession of immovable property or so far as they affect the
safety of the other inhabitants of the surrounding area.
Page 187
6. The Lessee will keep the said Plot and the Project thereon at all
times in a state of good and substantial repairs and in a sanitary
condition.
7. The Lease Deed shall be executed 'and registered as per provisions
of the Registration Act. The stamp duty and registration charges of
the Lease Deed as and when executed shall be borne by the
Lessee.
8. The Lessee reserves the right to further sub-lease the said Plot to
another party /company to construct Hydro Electric Project in
accordance with the approved plans, rules & regulations for setting
up such projects subject to always to the condition that such a
lessee/lessor shall always be subject to all the terms and conditions
of this Lease Deed and would always comply with the provisions of
this Lease Deed. Further party/company is permitted to mortgage
the sub-lease deed for raising the funds from Govt. approved
financial institution/banks including Indian Renewable Energy
Development Agency Ltd. Every transfer, assignment,
relinquishment, mortgage or sub-letting of the whole or part of the
said Plot shall be subject to the transferee, assignee or the sub-
lessee shall be bound by all covenants and conditions herein
contained and would be answerable to the Lessor in all respect
thereof provided that the ownership rights of the said Plot shall
always vest with the Lessor.
Further in case the lessee assigns, relinquishes, sublets or
transfers the said Plot on the said terms and conditions, the lessee
will deliver attested copies of such assignment to the lessor at its
own cost within a period of one month after the same has been
duly registered under the Registration Act.
Page 188
9. The lessor reserves the rights to curtail down the lease agreement
& resume the land if the installed plant becomes redundant or the
tripartite agreement signed amongst PID, PEDA & Company or
Implementation Agreement signed between PEDA and Company is
terminated. The lessor before exercising such rights shall give a
180 days notice to the Lessee or subsequent assignees/mortgages
for resumption of land for any reason whatsoever.
10. The Lessee will permit the Officers, Subordinates Workers and
other persons deputed by the Lessor from time to time at all
reasonable times with prior intimation, to enter into the said Plot in
order to inspect the same.
In witness whereof, the parties hereto have executed and delivered this
Agreement at Tehsil: _________, Distt: __________, Punjab, India on
the date first above written.
Page 189
LAND LEASE AGREEMENT
This Lease Deed made on ____ day of _______ in this year ______.
BETWEEN
AND
M/s. ________________ a company registered under the Companies
Act, 1956 and having its office at __________________________ acting
through _____________, authorised representative hereinafter called
the 'Lessee or Company/Promoter which expression shall unless the
context does not so admit include its subsidiaries, executors, assignees of
the one part.
Page 190
WHEREAS:
Page 191
NOW, THIS LEASE DEED WITHNESSETH AS FOLLOWS.
And the said plot referred in this Lease Deed is more clearly
delineated and shown in the attached plan.
2. The Lessor hereby hand over the possession of the said Plot to the
Lessee with the execution of this Lease Deed. The lessee shall hold
the said Plot with its appurtenances upto lease period for the term
of 38 years commencing from the date of signing of this deed with
option for further renewal if mutually agreed. The lessor reserves
the following rights subject to the prior written intimation to the
lessee:
Page 192
(a) A right to construct drains, minors, channels, distributories or
electric lines above the said Plot, if deemed necessary by the
lessor in developing the same.
(c) Full right and title to all mines and minerals in and under the
said Plot or any part thereof.
3. The Lessee shall pay to the lessor a Lease Rent for the lease
period each year on or before dated ______ @ Rs. 1,50,000/-
(Rupees One Lac Fifty Thousand only) per annum per site. In case
of default in payment of the Lease Rent interest @ 15% per annum
shall be charged on the defaulted amount for the delayed period.
4. The lessee shall reimburse to the Lessor, the stamp duty &
registration fee incurred by the Lessor for execution of the Lease
Deed between PID & PEDA for lease of the said plot.
5. The Lessee shall be liable to pay all other charges, taxes and
assessment in respect of the said Plot and/or Building constructed
thereon assessed or imposed from time to time by any other
authority.
6. The Lessee will obey and submit to all directions or regulations
made by the lessor, now existing so far as the same are incidental
to the possession of immovable property or so far as they affect the
safety of the other inhabitants of the surrounding area.
7. That the Lessee will at their own cost, construct on the said Plot the
approved Mini Hydro Electric Power Project ________ in
accordance with rules and regulations governing the setting up of
such projects. The Hydro Electric Power Project would have to be
erected and completed as per Implementation Agreement Schedule
/ extended time as may be granted by the Lessor. The lessee shall
Page 193
use the said Plot only for the construction of its generation facilities
as aforesaid, according to the approved plans and in accordance
with rules and regulations governing the setting up of such projects;
provided that the part of the building so constructed may be used by
the Lessee for the lessee's normal operative requirements of
projects, such as stores, office and accommodation for ward staff
commensurate with the requirements of the project.
8. The Lessee will keep the said Plot and the Project thereon at all
times in a state of good and substantial repairs and in a sanitary
condition.
9. The Lessee will not make or permit to make any alteration or
addition to the approved plan by the concerned authorities without
the prior permission of the Lessor in writing.
10. The Lease Deed shall be executed and registered as per provisions
of the India Registration Act. The stamp duty and registration
charges of the Lease Deed as and when executed shall be borne by
the Lessee.
11. The Lessee may mortgage the lease deed for raising the funds from
Govt. approved financial institution/banks including Indian
Renewable Energy Development Agency Ltd. for the said Hydro
Electric Project. Every transfer, assignment, relinquishment,
mortgage or sub-letting of the whole or part of the said Plot shall be
subject to the transferee, assignee or the sub-lessee shall be
bound by all covenants and conditions contained herein and would
be answerable to the Lessor in all respect thereof provided that the
ownership rights of the said Plot shall always vest with the Punjab
Irrigation Deptt(PID), Govt. of Punjab.
Further in case the lessee assigns, relinquishes, mortgage or
transfers the said Plot on the said terms and conditions, with prior
Page 194
approval of the Lessor, the lessee will deliver attested copies of
such assignment to the lessor at its own cost within a period of
one month after the same has been duly registered under the
Registration Act. .
12. The lessor reserves the rights to curtail down the lease agreement
& resume the land if the installed plant becomes redundant or the
tripartite agreement signed amongst PID, PEDA & Company or
Implementation Agreement signed between PEDA and Company is
terminated. The lessor before exercising such rights shall give a
180 days notice to the Lessee or subsequent assignees/mortgages
for resumption of land for any reason whatsoever.
13. The Lessee will permit the Members, Officers and Subordinates of
the lessor/Punjab Irrigation Deptt. (Owner of the land) and Workers
and other persons employed by the Lessor/owner from time to
time, and at all reasonable times of the day, with prior intimation, to
enter into and upon the said Plot in order to inspect the same.
In witness whereof, the parties hereto have executed and delivered this
deed at Tehsil: __________, Distt: _________ (Punjab), India on the date
first above written.
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KEY PLAN OF SITES ADVERTISED IN THIS RFP DOCUMENT
Page 196