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1 SCHEDULE OF EVENTS (TIMELINES) S.No Event Date Venue 1 Issue of NIT 16-11-2013 2 Sale of RfP documents From 25-11-2013 to one day before the last date for submission of the RfP. Corporate Office, JKSPDC Camp Ashok Nagar satwari Jammu. RfP document can also be downloaded from website www.jkspdc.nic.in 3 Submission of Queries Upto 15 th December 2013 Submission by Email or by fax on [email protected] & 0191-2435403. 4 Reply to queries & issue of modified RfP (if required) 27 th December 2013 By email to all bidders and posting on website 5 Submission of bid By or before 1400 HRs 21 st January 2014 Submission by hand at Corporate Office,JKSPDC Camp Ashok Nagar satwari Jammu. 6 Opening of Technical bid 1500 HRS on 21 st January 2014 Corporate Office , JKSPDC Camp Ashok Nagar satwari Jammu

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SCHEDULE OF EVENTS (TIMELINES)

S.No Event Date Venue

1 Issue of NIT 16-11-2013 2 Sale of RfP

documents From 25-11-2013 to one day before the last date for submission of the RfP.

Corporate Office, JKSPDC Camp Ashok Nagar satwari Jammu. RfP document can also be downloaded from website www.jkspdc.nic.in

3 Submission of Queries

Upto 15th December 2013

Submission by Email or by fax on [email protected] & 0191-2435403.

4 Reply to queries & issue of modified RfP (if required)

27th December 2013 By email to all bidders and posting on website

5 Submission of bid By or before 1400 HRs 21st January 2014

Submission by hand at Corporate Office,JKSPDC Camp Ashok Nagar satwari Jammu.

6 Opening of Technical bid

1500 HRS on 21st January 2014

Corporate Office , JKSPDC Camp Ashok Nagar satwari Jammu

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JAMMU & KASHMIR STATE POWER DEVELOPMENT CORPORATION LIMITED

LETTER OF INVITATION (LOI)

FOR

ENGAGEMENT OF CONSULTANT

FOR PREPARATION OF DPR AND

ASSISTING JKSPDC

IN PROCUREMENT OF EPC CONTRACT

FOR

07 MW ACHOORA GUREZ HEP

IN DISTRICT BANDIPORA

JAMMU & KASHMIR STATE

ON TURN-KEY BASIS

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J & K STATE POWER DEVELOPMENT CORPORATION LIMITED

OFFICE OF THE MANAGING DIRECTOR, ASHOK NAGAR SATWARI JAMMU-180004

(Tender should be invited by CE CID) Telephone: 0191-2430548. Fax: 0191-2435403 Email: [email protected]

LETTER OF INVITATION

No: JKSPDC/Tech/P- 171 Date:25-11-2013

To ______________ ______________ ______________ ______________

Subject: Engagement of Consultant for PREPARATION OF DPR AND ASSISTING

JKSPDC IN BIDDING PROCESS FOR PROCUREMENT OF AN EPC CONTRACT FOR THE IMPLEMENTATION OF 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT IN DISTRICT BANDIPORA, JAMMU & KASHMIR STATE ON TURN-KEY BASIS.

Dear Sir,

The J&K State Power Development Corporation Limited (JKSPDC) intends to execute 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT IN DISTRICT BANDIPORA, JAMMU & KASHMIR STATE ON TURN-KEY BASIS.

For the above purpose, the JKSPDC is intending to engage the services of reputed consultants/ consulting companies/ consulting organizations , on the CBS mode , for:

1. Preparation of the DPR as per the detailed terms of reference/scope indicated in this document.

2. Preparation of pre-qualification (RFQ) bid documents conforming to CEA, MOP, GOI guidelines/ Standard FIDIC documents (as per the requirement of the Owner) and evaluation thereof for selection of technically responsive bidders for the EPC Contract through competitive bidding process.

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3. Preparation of “REQUEST FOR PRPOSALS (RFP)”- Bid Documents conforming to CEA, MOP, GOI guidelines/Standard FIDIC documents (as per the requirement of the Owner) using the DPR prepared by the consultant & approved by the owner and evaluation of bids thereof for selection of EPC Contractor .

4. Assisting JKSPDC in bidding process at all stages including techno-commercial

evaluation of bids received for procurement of the EPC Contract.

5. The Consultant shall also be required to share and transfer all requisite information

and knowledge regarding the project execution and all technical features including

design layout, design features, construction schedule, etc with JKSPDC and also

with the Project Management Supervision Consultant , if engaged by JKSPDC.

ELIGIBILITY CRITERIA

The intending bidders would be required to meet and comply with following eligibility criteria. A. ESSENTIAL TO MEET

1. The bidder Should be registered company under Companies Act 1956 for providing consultancy services in the field of hydro-electric projects, or joint venture/consortium of two or more companies, who must have jointly and/or separately prepared bankable DPRs for at least 01 no. of Hydro Electric project of 5.60 MW or 02 nos. of Hydro Electric Projects of 3.5 MW each or 03 nos. of Hydro Electric Projects of 2.8 MW each or more capacity during the last 07 years which have been accorded Techno Economic Clearance by CEA/concerned authority/Owner.

2. The prospective bidders should have previous experience of providing consultancy services comprising of:

• Minimum 5 Years experience in Review/ Updating/ Preparation of DPR’s of Hydro

Electric Projects with minimum aggregate capacity of 20 MW and above as on 16 -11-2013.

• Framing bid documents i.e. RFQ & RFP for the hydro electric projects including

assisting the Owner in conducting the National competitive bidding process for procurement of EPC contract or (having been associated with Design/Engineering & Construction) of Hydro Power Projects, for the implementation of at least one hydro power project having installed capacity of at least aggregate capacity of 20 MW or more. 3. The annual average financial turnover of the bidder for the last three years should not be less Rs 100 Lacs.

4. The bidder must not have been blacklisted/ debarred from practicing as Consultant by any International agencies/Financial institutions, Government of

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India or any Department/ Undertaking thereof, any State Government or any Department/ Undertaking thereof.

5. Intending bidders would be required to produce certified copies of the audited

accounts/statements for the last 3 years and other documentary evidence in support of their submissions in response to requirements listed at serial no 1-2 as above and self declaration in respect requirement listed at S. No. 3 and shall also provide such evidence of eligibility satisfactory to the JKSPDC, as the JKSPDC shall reasonably request.

Joint Venture/Consortium Partners shall be bound by a Joint & Several responsibility agreement. In case of sub contractors there shall be a Joint Deed of Undertaking for completion of the Contract.

6. The above stated requirements are minimum required and J & K State Power

Development Corporation reserves the right to request for any additional information as may be required.

BIDDERS FAILING TO MEET THE ESSENTIAL CRITERIA WOULD BE CONSIDERED NON RESPONSIVE AND THEIR BIDS WOULD STAND REJECTED AT THE TECHNICAL EVALUATION STAGE.

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DESIRABLE

1. The bidder companies should preferably have on its regular roll, working for at least last one year, minimum 5 Senior level key Consultants , at least one each in the fields of (i) DPR preparation; Procurement of Contracts, (ii) Civil Engineering (with relevant experience in hydro power projects), (iii) Mechanical Engineering (with experience in hydro-mechanical engineering works related to construction of hydroelectric projects), (iv) Electrical Engineering (with experience in electro-mechanical engineering works related to construction of hydroelectric projects) & (v) Engineering Geology . These Key consultants must have working experience of more than 10 years (in respect of post graduate engineers/geologists) and 15 years (in case of graduate engineers/ geologists), assisted by other support staff with adequate experience in procurement of contracts, design and engineering in the field of hydro power.

2. Bidders, to support and strengthen their credentials in respect of their financial turn over for the last three years duly supported with Income Tax Returns / Bank Statements and Certificates from Chartered Accountants , previous experience, are required to submit along with applications for pre-qualification, performance certificates/ completion certificates testifying successful completion and commissioning of requisite number of hydro electric projects having installed capacity equal to or more than 20 MW in aggregate and having individual capacity as specified here-in-above under the essentiality criteria for which the consultancy stood provided by the bidder.

Proposals to provide the above stated services (referred to as “proposal” herein after) should be submitted in the manner stated herein after:

SECTION-I

Instructions to Bidders:

1.0 Bidders are required to furnish all information and documents as called for in this request for proposal (RFP) document in English. Any printed literature furnished by the bidder in a language other than English, should be accompanied with an English translation, in which case, for the purpose of interpretation of the document, the English version shall prevail.

1.1 Proposal should be typed or filled in ink.

1.2 All additions, alterations and over-writings in the proposal or accompanying documents must be clearly attested and initialed by the authorized signatory.

1.3 Bidder has to be a single entity, Joint Ventures or consortiums. The proposal document is non transferable.

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1.4 The proposal document shall be submitted in the following manner in three envelopes :

Envelope-1

1.4.1 The bid shall be accompanied with earnest money amounting to Rs. 30,000/- (Rupees thirty thousand only) which shall be in the form of a crossed Demand Draft in favour of General Manager (Accounts) Corporate Office J&K State Power Development Corporation Limited, (to be modified if bids are to be received by CE) payable at Jammu and placed in a separate sealed envelope-1 marked as ‘BID EARNEST MONEY’ FOR CONSULTANCY SERVICES FOR ACHOORA GUREZ HYDRO

ELECTRIC PROJECT’ on the top of the envelope. Envelope-2

1.4.2 All the other documents explained hereinafter, shall be furnished in three sets and placed in a separate sealed envelope-2 and marked as ‘TECHNICAL BID DOCUMENTS’ FOR CONSULTANCY SERVICES FOR ACHOORA GUREZ HYDRO ELECTRIC PROJECT’ on the top of the envelope.

Envelope-3

1.4.3 The price bid has to be placed in a separate sealed envelope -3 clearly marked as ‘PRICE BID’ FOR CONSULTANCY SERVICES FOR ACHOORA GUREZ HYDRO ELECTRIC PROJECT’ on the top of the envelope.

1.4.4 All the above three sealed envelopes should be put inside one single cover, sealed and clearly super scribed on top of the cover with the words ‘BID FOR CONSULTANCY SERVICES FOR 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT’. Name and address of the bidder should also be clearly written on the packet.

1.5 Proposal document shall be submitted at the following address not later than [21 / 01 /2014]:

MANAGING DIRECTOR, ASHOK NAGAR SATWARI JAMMU-180004 Telephone: 0191-2430548. Fax: 0191-2435403 Email: [email protected]

However it may be noted that the Managing Director, JKSPDC may, at his discretion, extends the due date and time for submission of the proposals which shall be duly notified.

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1.6 Any proposal received after the closing of the due date and time shall not be

considered. JKSPDC shall retain all documents submitted by the bidder.

1.7 JKSPDC also takes no responsibility for delay, loss or non receipt of documents sent by post / courier / or other means.

1.8 All proposals (in the sealed cover/ envelope referred at 1.4.4 above super

scribed as ‘CONSULTANCY SERVICES FOR 07 MW Achoora Gurez HYDRO ELECTRIC PROJECT’ submitted by the applicant/ bidders by the due date and time at office of the Managing Director shall be opened first by opening of the sealed envelope-1 (referred at 1.4.1 above) marked as ‘BID EARNEST MONEY FOR CONSULTANCY SERVICES FOR ACHOORA GUREZ HYDRO ELECTRIC PROJECT’ on the same date at 1500 Hrs or on any subsequent date which shall be communicated to the bidders in advance in the same office in the presence of such applicants/ bidders or their authorized representatives who would like to attend the Bid Opening.

1.9 Envelope-2 containing ‘TECHNICAL BID DOCUMENTS FOR 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT’ (refer 1.4.2) of only those bidders, who are found to have submitted the Bid Earnest Money in the form and in accordance with the requirements laid herein, shall be taken up for opening.

1.10 Bids not accompanied by Bid Earnest Money shall be rejected at very outset. The Bid Security of a joint venture must be in the name of joint venture submitting the bid.

1.11 The technical bids shall be evaluated by the “Bid Evaluation Committee” to be constituted for the purpose by the Managing Director JKSPDC.

1.12 Price bids, submitted in Envelope-3 and super scribed as ‘PRICE BID’ of only those bidders whose score is equal to or more than specified by the JKSPDC hereinafter shall be opened on a date which shall be separately communicated to each of the technically responsive bidders in the same office in the presence of such technically responsive bidders or their authorized representative who would like to attend the Price Bid Opening.

1.13 The bidder may properly check the proposal before submission to ensure that

all information / documents required are included. 1.14 At any time prior to opening of proposals, the Managing Director JKSPDC

either at his own initiative or in response to clarifications requested by a prospective bidder/s may modify the RFP document by issuing an Addenda. Any Addendum thus issued shall be part of the bidding documents and such

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addendum shall be sent by fax / mail to the bidders who have already submitted their bids and shall be uploaded on the website www.jkspdc.nic.in To give prospective bidders reasonable time to take an addendum into account, in preparing their bids, the JKSPDC may extend the due date/deadline for submission of bid.

1.15 The proposals as submitted shall indicate that proposal is FIRM and that the

proposal shall remain valid for a period of not less than 180 days from the date of opening of proposal.

1.16 JKSPDC shall conduct preliminarily examination of the proposal to determine

whether the proposals are responsive to the requirements of the RFP document. Proposals shall be considered non-responsive and liable for summary rejection if any of the following primary requirements have not been met.

1.16.1 Proposal is not received by the due date and time.

1.16.2 Proposal is not accompanied with Bid Earnest Money.

1.16.3 Proposal is not accompanied with the required documents.

1.16.4 Proposal is not a FIRM proposal.

1.16.5 Proposal is not valid for the prescribed minimum period.

1.16.6 Proposal is conditional and / or violative of conditions laid down in

NIT / Tender Document. COST OF BIDDING:- The prospective bidder shall be responsible for all of the costs associated with preparation of bid. JKSPDC shall not be responsible or in any way liable for such costs regardless of conduct or outcome of the bidding process. 1.17 JKSPDC shall take up evaluation of only responsive bids. Negotiations may be

initiated with one or more bidders at the JKSPDC. 1.18 JKSPDC reserves the right to reject any proposal, if at any point of time, it

becomes known or is discovered that a material misrepresentation has been made by an applicant/ bidder in the process related to submission of the bid.

1.19 In the event of any bidder not responding to further clarifications as required for the finalization of the bid, JKSPDC reserves the right to forfeit the bid earnest money furnished by such bidder and reject the bid.

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1.20 Any deviation to any clause of this document must be properly spelt out in exceptions and deviations statement to be submitted along with the bid, giving details of page number and clause number and detailing the deviation. JKSPDC reserves the right to accept or reject any deviation or modify the relevant clause of the RFP document to the extent necessary. Exceptions and deviations statement in the prescribed format as per Annex-7 must be attached with the proposal.

1.21 After opening of proposal and till final selection of successful bidder, no correspondence of any type, unless called for and initiated by the JKSPDC , shall be entertained.

1.22 Applicant/ Bidder or authorized representative of the applicant/ bidder must sign each page of the proposal.

1.23 Bidders are informed that JKSPDC is neither under any obligation to select any bidder, nor to give any reason for selecting any bidder; JKSPDC is also under no obligation to proceed with the work or part thereof.

1.24 Successful Bidders shall have to enter into contract with JKSPDC, as per agreement format supplied herein as a part of the bid document within 7 days from the issuance of letter of intent/ letter of award of contract for consultancy services.

1.25 Within 28 days of receipt of Letter of Award, successful bidder shall provide

performance security (contract performance guarantee) in the form of bank guarantee of amount not less than 5% (five per cent) of the total value of the contract and valid for the tenure of the contract plus twenty eight days in the prescribed format.

1.26 Date of start for providing of consultancy services shall be as specified in the contract agreement or notice to proceed to be issued under the contract agreement, whichever is later.

1.27 In the event of failure of successful bidder to execute the contract agreement within 7 days from the date of receipt of acceptance of the proposal/ letter of intent/ letter of award of contract, full earnest money deposit shall stand forfeited and JKSPDC may consider placing order on next competitive bidder at the risk and cost of the successful bidder.

1.28 The Standard Guidelines for Engagement of Consultants by JKSPDC and also containing contract for Engagement of Consultants specifying scope of work; deliverables etc. is enclosed as Annex-II.

SECTION-II Information to be furnished by the Bidders

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2.0 Team Leader and Members:-

2.1 The experience and qualifications of the team proposed to be assigned for the task should be indicated as per Annex-III.

2.2 Price Bid The bidder must quote consultancy charges in lump sum including site visits , travel, stay, office expenses , attending meetings / making presentations before the Owner and / or various appraising directorates of State / Central Government connected with approval of DPR in full / in part or any other sundry charges. This quote should include all tax liability under income tax, service tax, professional tax, and any other tax existing ten days before the submission of price bid. The price bid should be placed in separate sealed envelope-3 and should be clearly marked as price bid for “CONSULTANCY SERVICES FOR 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT”.

SECTION-III

Proposal Evaluation Criteria:

The selection of successful bidder shall be made through standard QCBS mode,

detailed hereunder, wherein due weightage shall be given for Technical and

Price bids.

3.0 TECHNICAL CRITERIA

The following shall be the criteria for technical evaluation of proposals contained in the bid documents.

3.1 Team Leader and Members: Team: Constitution of the assigned team in respect of number of members, their qualifications and experience shall entitle the bidder to a maximum score of 1200 points. The actual score for the team (including the team leader) of the team of 6 number senior level consultants proposed by the bidder companies would be calculated by using following points: 1. Points for each member being on regular roll of the bidder for last 12 months @50/ each. 2. Points for post graduate degree with 10 years working experience:

Qualification: 75

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Experience: 75 Points for graduate degree with 15 years working experience:

Qualification: 60 Experience: 90

Less work experience shall be scaled accordingly.

3.2 PREVIOUS EXPERIENCE IN THE PROFESSION/BUSINESS OF

PROVIDING CONSULTANCY SERVICES:

The time duration for which the Bidder Companies, established under Companies Act, 1956 have been in the profession/ business of providing consultancy in the field of hydropower would be taken as an indicator of their being active in the business as well as resourcefulness of the bidders.

All applicant bidders having a minimum experience of ten or more years as on -11-2013 in this regard would be given 250 points. Bidders with lesser experience as per eligibility para-2 page no: 5 would be scaled accordingly.

Team Leader: In addition to above, the consultant/ expert, out of the 6 number senior level consultants/ experts, nominated as the Team Leader for the present assignment would receive additional 250 points if the expert has the comprehensive experience of having been responsible/ being associated with the implementation of a hydro electric project having installed capacity equal to or more than 20 MW from the stage of preparation of bid documents to testing and commissioning of the project. The expert must have assisted the owner/ employer in bid evaluation, award of contract, design& engineering supervision & monitoring of civil construction and erection of plant and equipment.

The Team Leader, having experience of maximum number of projects, in conformity with above, would earn full 250 points and Team Leaders with lesser number of projects would be scaled accordingly. Desirable:-

3.3 QUANTUM OF BUSINESS:

Quantum of business handled by the bidder, supported by Income

Tax Returns for last three years, would decide award of 250 Points. The bidder having the highest combined turn over at least bur above the minimum of average annual turnover of Rs. 100 Lacs (para-4, page-5) for the last 3 years would be given full 250 points and bidders with lesser turn over would be scaled accordingly.

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3.4 PREVIOUS EXPERIENCE OF PROVIDING CONSULTANCY SERVICE FOR HEP:

Previous experience of providing consultancy services involving framing/ review of bid documents, RFQ & RFP, assisting the Employer in the bidding process for procurement of an EPC Contract, Design & Engineering for the implementation of hydro power projects: 250 Points. Bidder with maximum experience in terms of MW would be given full 250 points and bidders with lower figures would be scaled accordingly.

3.5 PERFORMANCE CERTIFICATES: Performance certificate testifying successful completion and

commissioning of assignment of DPR preparation / Design and / or execution supervision , of at least one hydro electric project having capacity equal to or more than 20 MW for which the consultancy stood provided: 500 points. The bidder furnishing the certificates in conformity with above for the largest project would be given full 500 points and the other bidders would be rated accordingly as per the size of the Project.

This clause shall be applicable for the experience of bidders within India or abroad.

3.6 Qualifying Technical Score The minimum qualifying technical score, for being eligible for

consideration in the next stage of evaluation, against the maximum score of 2700, shall be 1620 POINTS (60%). The financial bids of only those bidders, who score 1620 points or above in the technical evaluation, shall be opened and bidders considered eligible for consideration for next stage of evaluation.

3.7 Financial Evaluation

The proposal of the technically qualified bidder with the lowest financial bid shall be declared successful bidder for award of contract.

SECTION-IV 4.0 Terms of Reference

Scope of Work

MODULE I: 4.1 The scope of work shall be preparation of a bankable DPR of Achoora

Gurez Hydro Electric project as per prevailing CEA / CWC guidelines with

internationally accepted standards, Applicable BIS standards, Latest

editions of “Guidelines for Formulation of Project Reports for Power

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Projects” published by CEA, “Guidelines for Preparation of Detailed

Project Report of Irrigation and Multipurpose Projects, Govt. of India,

Ministry of Irrigation” published by CWC“, Guidelines for Preparation of

Estimates for River Valley Schemes” published by CWC, MoEF guidelines

and as per the guidelines of any other DPR appraising authority .

Including additional topographical survey,if any required, geotechnical

investigation, construction material survey, hydrological study, power

potential assessment, study of alternatives, optimization of project

capacity, finalization of project layout, design of various structures, power

evacuation proposal, construction programme and equipment planning,

detailed costing and financial evaluation including sensitivity analysis,

Conducting meetings , discussions , making presentations and

modifications in the Draft DPR till final Clearance of the DPR

from all the Appraising Directorates including but not limited to

CWC , CEA , Indus Commission of India , State Pollution Control

Board etc.

MODULE II:

4.2 Preparation of pre-qualification (RFQ) bid documents in conformity with CEA, MOP, GOI guidelines/FIDIC documents (as per the requirements of Owner) and assisting JKSPDC in invitation of RFQ bids and evaluation thereof for selection of technically responsive bidders through competitive bidding process.

4.3 Preparation of Bid Documents RfP, Bid Evaluation reports, Contract Agreement and all such activities as are required for the purpose - conforming to CEA, MOP, GOI guidelines/FIDIC documents (as per the requirements of Owner) using the DPR prepared by the consultant and approved by the owner till final selection of EPC Contractor.

4.4 Assisting JKSPDC in bidding process at all stages of the bidding process including techno-economic evaluation of bids received for the procurement of an EPC Contract.

4.5 The Consultant shall also be required to share and transfer all requisite information and knowledge regarding the project execution and all technical features including design layout, design features, construction schedule, etc with JKSPDC and also the Project Management Supervision Consultant to be engaged by the JKSPDC. A 5% of the total payment due to the consultant shall be retained up to the complete transfer of knowledge.

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SECTION-V

5.0 Responsibilities of the Consultant

4.6 Preparation of a bankable DPR of Achoora Gurez Hydro Electric

project as per prevailing CEA / CWC guidelines with internationally

accepted standards, Applicable BIS standards, Latest editions of

“Guidelines for Formulation of Project Reports for Power Projects”

published by CEA, “Guidelines for Preparation of Detailed Project

Report of Irrigation and Multipurpose Projects, Govt. of India,

Ministry of Irrigation” published by CWC“, Guidelines for

Preparation of Estimates for River Valley Schemes” published by

CWC, MoEF guidelines , and as per the guidelines of any other

DPR appraising authority Including additional topographical

survey, if any required , geotechnical investigation, construction

material survey, hydrological study, power potential assessment,

study of alternatives, optimization of project capacity, finalization of

project layout, design of various structures, power evacuation proposal,

construction programme and equipment planning, detailed costing and

financial evaluation including sensitivity analysis , Conducting meetings ,

discussions , making presentations and modifications in the Draft DPR till

final Clearance of the DPR from all the Appraising Directorates including

but not limited to CWC , CEA , Indus Commission of India , State

Pollution Control Board etc.

1. Preparation of Pre-Qualification Bid Documents for competitive bidding conforming to CEA, MOP, GOI guidelines/ FIDCIC documents (as per requirements of the Owner).

2. Evaluation of pre-Qualification Bids received in response to RFQ.

3. Preparation of Detailed RFP Bid Documents conforming to CEA, MOP, GOI guidelines/ FIDIC documents (as per requirements of the Owner) using the data and other information available from final approved DPR for 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT as formulated by the Consultant.

4. Assisting JKSPDC at all stages of the bidding process including participating in pre-bid

conferences, drafting of replies to bidders queries, carrying out necessary modifications to the bidding documents.

5. Techno-economic evaluation of bids received in response to RFP Bids and assisting

JKSPDC in final selection of EPC arrangement on turnkey basis.

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6. Presentation, submission of evaluation report before the Management committee / Board of Directors of JKSPDC or its sub-committees /Govt. of J&K and follow-up action as per requirement.

7. Assisting in all documentations like Contract Agreements, Construction Schedules, Interface Schedules including signing of the various agreements.

8. Knowledge transfer and sharing.

9. Any other matter / issue related to above scope of services.

6.0 DETAILS OF DOCUMENTS TO ACCOMPANY THE BID

The following documents duly filled and signed by the applicant bidders shall be treated as part of the bid document:

Annexure 1: LoI data

Annexure 2: Terms of reference, schedule for deliverables under the contract & schedule for payments

Annexure 3: Format for submission of technical bids (FORMS 1-7) Annexure 4: Format for submission of financial bid (FORM 8-9) ANNEXURE 5: GUIDELINES FOR ENGAGEMENT OF CONSULTANTS Annexure 6: PROPOSED CONTRACT WITH APPENDICES ANNEXURE 7: PROFORMA FOR EXCEPTIONS AND DEVIATIONS ANNEXURE 8: CHECK LIST Applicant/ Bidders are requested to keep their Proposal/ Bid valid for a period of One Hundred and Eighty (180) days from the date of opening of the Technical Proposal, during which period they will maintain the personnel proposed for the assignment and also the offered price. Kindly acknowledge receipt of this Letter of Invitation through fax/e-mail per return.

Yours Sincerely,

Managing Director JKSPDC Ashok Nagar Satwari Jammu

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ANNEXURE-I

LETTER OF INTENT BID DATA SHEET

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LETTER OF INTENT

BID DATA SHEET SN0: ITEM DESCRIPTION

1.1 Name of Assignment

Selection/ Engagement of Consultants for Preparation of DPR and

assisting JKSPDC in procurement of EPC Contract for the implementation OF 07 MW ACHOORA GUREZ HEP in District Bandipora in J&K State on turnkey basis.

1.2 Name of Owner J&K STATE POWER DEVELOPMENT CORPORATION LTD., REGISTERED OFFICE: SHAW INN ,BOULEVARD SRINAGAR-190001 J&K TEL:-0194 – 2500109,0194-2500165 , FAX:0194-2500145

JAMMU OFFICE: J&K STATE POWER DEVELOPMENT CORPORATION LTD. ASHOK NAGAR SATWARI JAMMU-180004 JAMMU & KASHMIR STATE TEL:0191-2430548 FAX 0191-2435403

1.3 Description and objective of assignment

A. JKSPDC desires to construct the 07 MW ACHOORA

GUREZ HEP for which it has got the Pre-feasibility Project

Report (PFR) framed by Civil Investigation & Design Wing

Kashmir (JKSPDC) in the Year 2012.

B. For the above purpose, JKSPDC is intending to

engage the services of reputed consultants/

consulting organizations for: C. Preparation of a bankable DPR of Achoora Gurez Hydro Electric project as per prevailing CEA / CWC guidelines with internationally accepted standards, Applicable BIS standards, Latest editions of “Guidelines for Formulation of Project Reports for Power Projects” published by CEA, “Guidelines for Preparation of Detailed Project Report of Irrigation and Multipurpose Projects, Govt. of India, Ministry of Irrigation” published by CWC“, Guidelines for Preparation of Estimates for River Valley Schemes” published by CWC, MoEF guidelines , and as per the guidelines of any other DPR appraising authority ,Including additional topographical surveys , if any required, geotechnical investigation,

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construction material survey, hydrological study, power potential assessment, study of alternatives, optimization of project capacity, finalization of project layout, design of various structures, power evacuation proposal, construction programme and equipment planning, detailed costing and financial evaluation including sensitivity analysis. D. Preparation of pre-qualification (RFQ) bid documents in conformity with CEA, MOP, GOI guidelines/FIDIC documents (as per the requirement of Owner) and assisting JKSPDC in invitation of RFQ bids and evaluation thereof for selection of technically responsive bidders through International competitive bidding process.

E. Preparation of “REQUEST FOR PROPOSALS”- Bid Documents conforming to CEA, MOP, GOI guidelines/FIDIC documents (as per the requirement of Owner) using the Final approved DPR of 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT.

F. Assisting JKSPDC in bidding process at all stages of the bidding process including techno-economic evaluation of bids received for the procurement of an EPC Contract for the construction and commissioning OF 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT IN DISTRICT BANDIPORA, JAMMU & KASHMIR STATE ON TURN KEY BASIS.

1.4 The Owner will provide the following inputs:

Pre-feasibility Project Report (PFR) framed by Civil Investigation & Design Wing Kashmir (JKSPDC) in the Year 2012 can be seen by the consultants at the office of Chief Engineer CI&D wing JKSPDC, Srinagar. Successful bidder (Consultant) shall be provided a copy of the PFR on award of the Contract.

1.5 The documents enclosed are:

1. LOI Data Sheet 2. Terms of Reference, Schedule of deliverables, Schedule

of Payments under the proposed contract. 3. Formats for the technical and financial proposals. 4. JKSPDC Standard Guidelines for engagement of

Consultants. 5. Draft Contract for the Consultancy Services.

20

1.6 Consortium The bidder has to be a single entity or consortium of companies, allowed to participate in the bidding process.

1.7 Address for submission of bids

MANAGING DIRECTOR, ASHOK NAGAR SATWARI JAMMU-180004 Telephone: 0191-2430548. Fax: 0191-2435403

1.8 Date & Time for submission of bids

[21- 01- 2014] at 1400 Hours.

1.9 Date of opening of bids

On the same date at 1500 Hrs or on any subsequent date which shall be communicated to the bidders in advance. The date of opening of financial bids shall be communicated to technically responsive bidders separately.

21

ANNEXURE-II

TERMS OF REFERENCE

1. SCOPE OF WORK

2. TIME SCHEDULE FOR DELIVERABLES UNDER THE CONTRACT

3. SCHEDULE OF PAYMENTS UNDER THE CONTRACT

22

1. SCOPE OF WORK AND RESPONSIBILITIES OF CONSULTANT

1.0 Detailed Scope of Work

The Consultant’s task shall be as follows:

A. Review a) ACCESS: The accessibility to the Project through existing and new proposed access roads shall be looked into, in view of present site conditions, submergence effect etc and cost of making such roads along with proposals shall be assessed and built in the project.

b) INFRASTRUCTURE: Detailed assessment of the infrastructural works

already carried out near the project sites and asses those that will be needed for

Project execution. Pre- Construction activities shall be clearly identified.

c) PROJECT LAYOUT: Examine various alternative layouts of the ACHOORA

GUREZ before suggesting conclusions. The Consultant will rank the alternatives,

techno economically.

d) The Consultant shall prepare the DPR in accordance with the prevalent:

i. CEA / CWC norms,

ii. Applicable BIS standards,

iii. Latest editions of “Guidelines for Formulation of Project Reports for Power

Projects” published by CEA,

iv. “Guidelines for Preparation of Detailed Project Report of Irrigation and

Multipurpose Projects, Govt. of India, Ministry of Irrigation” published by

CWC.

v. “Guidelines for Preparation of Estimates for River Valley Schemes” published

by CWC.

vi. MoEF guidelines.

vii. , Guidelines of any other DPR appraising authority

The references of such standards, practices shall be specified in the DPR,

together with appropriate appendices and drawings.

23

e) The DPR shall include details & designs, general project layout and layout of

each major structure, sufficient plans and cross-sections to establish the

magnitude and characteristics of works and their costs.

The DPR shall contain a separate volume on Geological

investigation and aspects

f) Electromechanical Works:-

For E&M and Hydro Mechanical Works, the details in DPR shall include the

Design Briefs, calculations for preliminary dimensions, weights, ratings and

settings, single line diagrams indicating ratings of equipments, sizes, Plans

and Sections indicating their locations etc.

g) DESIGNS:-The Consultant shall prepare in sufficient detail, designs of all

structures required for the selected alternative. The recommendation for

proposed alternative shall be supported with cost details and optimization

studies. The Consultant shall establish conclusively, that the suggested Project

alternative and layout, is the techno economically the most feasible option.

h) POWER POTENTIAL STUDIES: - The consultant will carry out power

potential optimization studies to review the Capacity and unit configuration. The

capacity of the Project presently fixed at 7 MW needs to be optimized.

i) COST ESTIMATION: - The Consultant shall prepare cost estimates which shall include:-

a) A reasonable breakdown by major items, i.e. access road, pre construction activities, site preparation, diversion works and spillway, barrage/dam and dykes, intake structure, power channel/tunnel, cross drainage structures, fore bay / surge tank, underground/Surface powerhouse, tail water conduit, turbine, generators, mechanical and electrical equipment in the powerhouse, hydraulic gates and hoists, project’s permanent colony and any major item related to construction of the project, as per relevant guidelines and keeping in view the hostile weather conditions in the area.

b) The cost of R & R, EMP, etc.

c) The cost on account of project’s engineering and construction management expenses, the owner’s overhead expenses, and an adequate allowance for physical contingencies (to be determined on the basis of risks involved in the construction of the different structures, as per relevant guidelines and harsh site conditions).Estimate/Proposal for access road will be a separate delivery.

24

d) Import duties, taxes and interest during construction shall be assessed and

separately indicated. The cost estimates shall be broken down into local and

foreign currency components if required on the basis of Indian/International

practices. Prices for major civil works and for permanent equipment shall be

estimated on the basis of Indian/International Practices, supported with Rate

Analysis as per CWC Guidelines and/or documents showing current market

trends.

j) Surveys / Investigations: The bidder shall have to review the documents,

and available data required for preparation of DPR. All the DPR level Geological

investigations as may be required and / or suggested by the consultants / Owner

shall have to be carried out by the bidder. In addition, all the additional

topographical digitized surveys for the project components like Head works, water

conductor, Intake works, X- drainage works, Desilting Basin, Forebay, Spill

Channel, Penstock, Power house Area, Tailrace, any other component / area etc.

shall have to be carried out by the Consultant, for which rates shall have to be

quoted by the Consultant separately for taking L- section, X- sections, Site plan,

Contour plans etc. as per requirement. The details of Tentative B.O.Q for this

survey work are as under:

1. Preparation of L- section & X- section along Nallah / water

Conductor, submergence area etc using automatic electronic Digital

total station by taking readings after intervals not exceeding 100M

and at all obligatory / profile charge points.( width of cross sections

as per site requirement but not less than 100 M Width) as per

requirement as approved by the Owner.

2. Preparation of site plans with Contours as per required contour

interval along Nallah, water conductor and other main project

components using Automatic Electronic Digital total station by

taking readings after intervals not exceeding 100M and at all

important profile changes, Buildings, Bridges, and other permanent

features for an area as per requirement as approved by the Owner.

The quantum of survey works may increase or decrease as per actual site

requirements and payments shall be regulated as per the unit rates allotted to the

consultant separately for this Survey work. The consultant shall have to provide

survey field data in three sets both in hard & soft copies for working out the

actual quantum of survey work conducted and regulating payments thereof for

the survey work.

25

Any other tests, if any required shall have to be carried out by the bidder. All

consistency and other requisite tests and studies on the available Hydro-

Metrological data shall form part of the scope of work for the bidder.

Bidders shall have to collect all the DPR level baseline field data for developing

R&R plans and the DPR shall contain a separate chapter on EIA/ EMP issue as per

norms / requirements of MOEF/ Forest department / Pollution Control Board.

k) SENSITIVITY ANALYSIS: Sensitivity analysis on tariff of energy generated

at the Project shall be performed taking into consideration the provisions of J&K

Electricity Act, 2010 JKSERC/CERC guidelines, and specially covering the material

and labour costs, load growth, foreign exchange variation, capital outlay, as well

as operating costs including change in depreciation rates, interest rate, return on

equity and O & M expenditure and discount rates. A Risk Matrix shall be prepared

and included in the DPR covering aspects like unplanned delays in project

implementation, R & R, etc, and also the environmental protection aspects of the

Project.

l) DATA REVIEW & VALIDATION: The Consultant shall review and analyze

the available hydro meteorological data, encompassing the impact of

upstream/downstream projects and perform the necessary work for up-gradation

of the hydrologic studies to establish the river flow series, the design floods, the

sediment inflow and deposition and other hydrologic parameters for design work.

m) CONSTRUCTION MATERIALS: Consultant shall verify availability of

various construction materials at locations indicated as well as properties,

characteristics and adequacy as indicated in the available documents and if

necessary, suggest suitable alternatives.

n) CONSTRUCTION SCHEDULE:-A construction schedule using modern

project management tools and analysis, showing schedules for annual

construction expenditures, covering the entire construction period, shall be

prepared. The construction and installation program for each package shall be

developed on the basis of the detailed study of all activities involved and of the

construction techniques planned.

o) FLOOD MODERATION: - Perform flood moderation and GLOF studies,

which besides other details shall include assessment of the cost of flood

moderation. This should also encompass designing a flood forecasting and flood

warning system to give adequate time for taking up all the possible precautionary

26

measures in case of occurrence of heavy floods, during the construction, and post

Construction period.

p) R&R ISSUES: - A detailed assessment of submergence of property, villages,

roads, cultivation etc. and a suitable rehabilitation and resettlement plan along

with costing, inconsonance with EIA/EMP Plans, shall be provided in the DPR as

per relevant guidelines.

q) FINANCING MIX: - The DPR shall include detailed financial model

indicating the best financing mix. The model shall have both options of “with or

without mega power status.”

B. DPR SUBMISSION AND APPROVAL :

a. Between the bidding process and DPR submission there may be a break. In

this case the Consultant will be granted time extension with cost remaining

neutral. In case the break is for more than three months an escalation of 5%

shall be granted for the cost relating to Bid Process. The time schedule for

various mile stones shall be as under:

S. No. Activity Time (in days)

1 Letter of Award/ letter of intent T0

2 Submission of work plan and methodology with

approval of Owner (JKSPDC).

T0 + 14

3 completion of topographical surveys and

submission of report

T0 + 45

4 Submission of CWC cleared Hydrology T0 + 90

5 Completion of Geotechnical & Geophysical

Investigation & furnishing of report

T0 + 100

6 Submission of Hydrology, Power Potential studies

and geological report.

T0+ 120

7 Submission of Draft DPR T0 + 180

8 Submission of final DPR and RFQ. T0 + 240

9 Finalization of pre-qualification of EPC bidders

and issue of RFP.

T0 + 300

10 Clearances from Indus Commission of India /

Forest/PCB and other statutory bodies

T0 + 300

11 Completion of bidding process for procurement of

EPC contract.

T0 + 400

27

b. Consultant shall ensure that the DPR is “bankable” and complete in all

respects.

c. The DPR in draft form shall be submitted to Managing Director JKSPDC with

copy to the Chief Engineer, Civil Investigation & Design Wing (Kashmir).

JKSPDC who will review the draft DPR and after incorporating JKSPDC’s

comments, the Consultant shall submit 10 bound hard copies of the final DPR

along with two copies in soft form.

d. The DPR shall be accorded Techno Economic Clearance by JKSPDC and any

queries of the unit of JKSPDC dealing with TEC shall be replied adequately by

the Consultant including making presentations. The Consultant shall provide

all assistance required to obtain required statutory clearances/ approvals,

from concerned authorities including CEA / CWC / Indus Commission. The

Consultant shall provide replies to queries raised by such authorities / Indus

Commision.

C. BIDDING DOCUMENT & PROCESS: The Consultant will also prepare the

bidding documents comprising of Request for Qualification& Request for Proposal

leading to award of EPC contract. The consultant shall assist JKSPDC through the

entire bidding process up to the selection of the EPC contractor and award of

contract. Drafting/Preparation of Agreements documents for the purpose shall be

the responsibility of the Consultants. The consultant may draft the RFQ/RFP as a

concurrent activity with DPR preparation.

D. KNOWLEDGE SHARING & TRANSFER: The Consultant shall also be required

to share and transfer all requisite information and knowledge regarding the

project execution and all technical features including design layout, design

features, construction schedule, etc to the Chief Engineer, Civil Investigation &

Design Wing (Kashmir) JKSPDC and also the Project Management Supervision

Consultant wherever engaged by JKSPDC.A 5% of the total payment due to the

consultant shall be retained up to the complete transfer of knowledge.

E. COST OFFER: The cost quoted should be all inclusive including taxes & duties,

out of pocket expenses, boarding and lodging etc. Service tax shall be indicated

separately. The cost offer should separately indicate the cost for DPR and Bidding

Process for EPC Contract in the following manner:

28

S.No Module Basic cost Service tax @ 10.5%

Total

1. Preparation of a bankable DPR of Achoora Gurez Hydro Electric project

2. Assisting JKSPDC in conducting Competitive bidding process for selection of EPC contract including preparation of RfQ, RfP, Evaluation reports, Contract Agreements, IA, PPA and all such activities for the selection of the Developer

Total*

• The total cost is all total inclusive of taxes, duties, out of pocket

expenses, travelling, boarding, lodging etc. Nothing extra over this

cost shall be paid by office of the Chief Engineer, Civil Investigation &

Design Wing (Kashmir) JKSPDC.

• The bidder shall quote separately the per unit cost for survey work.

Responsibilities of the Consultant:

1. Preparation of a bankable DPR of Achoora Gurez Hydro Electric project as per prevailing CEA / CWC guidelines with internationally accepted standards, Applicable BIS standards, Latest editions of “Guidelines for Formulation of Project Reports for Power Projects” published by CEA, “Guidelines for Preparation of Detailed Project Report of Irrigation and Multipurpose Projects, Govt. of India, Ministry of Irrigation” published by CWC“, Guidelines for Preparation of Estimates for River Valley Schemes” published by CWC, MoEF guidelines. Including topographical survey, geotechnical investigation, construction material survey, hydrological study, power potential assessment, study of alternatives, optimization of project capacity, finalization of project layout, design of various structures, power evacuation proposal, construction programme and equipment planning, detailed costing and financial evaluation including sensitivity analysis.

2. Preparation of Pre-Qualification Bid Documents for competitive bidding conforming to CEA, MOP, GOI guidelines/ FIDIC documents (requirements of the Owner).

29

3. Evaluation of Pre-Qualification Bids received in response to RFQ.

4. Preparation of Detailed RFP Bid Documents conforming to CEA, MOP,

GOI guidelines/FIDIC documents(requirements of the Owner) using the data and other information available from DPR for 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT.

5. Assisting the JKSPDC at all stages of the bidding process including participating in pre-bid conferences, drafting of replies to bidders queries, preparation of evaluation reports, carrying out necessary modifications to the bidding documents.

6. Techno-economic evaluation of bids received in response to RFP Bids

and assisting the JKSPDC in selection of EPC arrangement on turnkey basis.

7. Presentation before the management committee/ Board of Directors

of JKSPDC /Govt. of J&K and follow-up action as per feedback from the JKSPDC.

8. Assisting in all documentations like Contract Agreements, Construction

Schedules, Interface Schedules including signing of the various agreements.

9. Knowledge sharing & transfer.

10. Any other matter / issue related to above scope of services.

Signature of Bidder

30

2.0 SCHEDULE OF PAYMENTS UNDER THE CONTRACT

S. No. Activity Time (in days)

1 Letter of Award/ letter of intent T0

2 Submission of work plan and

methodology with approval of Owner

(JKSPDC).

T0 + 14

3 completion of topographical surveys and

submission of report

T0 + 45

4 Submission of CWC cleared Hydrology T0 + 90

5 Completion of Geotechnical &

Geophysical Investigation & furnishing of

report

T0 + 100

6 Submission of Hydrology, Power Potential

studies and geological report.

T0+ 120

7 Submission of Draft DPR T0 + 180

8 Submission of final DPR and RFQ. T0 + 240

9 Finalization of pre-qualification of EPC

bidders and issue of RFP.

T0 + 300

10 Clearances from Indus Commission of

India / Forest/PCB and other statutory

bodies

T0 + 300

11 Completion of bidding process for

procurement of EPC contract.

T0 + 400

6.2 SCHEDULE & Mode of Payment; Module I: Preparation of DPR

S No Milestone % of Fee

1 Mobilisation Advance (interest bearing @ PLR of J&K Bank + 1% ) against submission of Bank Guarantee and upon submission & acceptance of inception report.

10%

2 Report on Hydrology, Power potential, geological surface mappings and layouts

10%

3 Draft copy of DPR 25% 4 Final copy of DPR 30% 5 Approval by JKSPDC 20% 6 Retention money for Knowledge sharing & transfer 5 % 7 Total (incl. taxes) 100%

31

Module II: Bid process for selection of an EPC contractor

S No Milestone % of Fee

1 Mobilisation Advance (interest bearing @ PLR of J&K Bank + 1% ) against submission of Bank Guarantee

10%

2 Submission of RFQ documents conforming to current CWC/CEA guidelines based on data of DPR and approval of JKSPDC.

10%

3 Evaluation of RFQ and acceptance by the Chief Engineer, Civil Investigation & Design Wing (Kashmir) JKSPDC.

10 %

4 Submission of RfP documents conforming to current CWC/CEA guidelines based on data of DPR and approval of JKSPDC

10%

4 Techno-Economic evaluation of bids received and assistance in selection through EPC arrangement on turnkey basis

20%

5 Preparation of draft agreement and Presentation before the management committee/BOD of JKSPDC and incorporating feedback from the Chief Engineer, Civil Investigation & Design Wing (Kashmir) JKSPDC.

15%

6 Execution of EPC Contract with the selected bidder for development of project on approval of JKSPDC.

20%

7 Knowledge Sharing & transfer 5 % Total (incl. taxes) 100%

Notes:- i) Payment on account of topographical surveys, geotechnical & geophysical

investigations & other investigations shall be paid as per actual progress on the rates quoted by the bidders.

ii) Payment of 5% retained shall be released after sharing & transfer of knowledge to JKSPDC and/or to PMC appointed if by JKSPDC separately.

Bank Guarantee in lieu of advance payment shall be released on satisfactory completion of the assignment.

Signature of Bidder

32

ANNEXURE III

FORMAT

FOR TECHNICAL BID

(Bid Data sheets)

FORM NO: 1-7

33

FORM NO: 1

FROM TO _________________________ Managing Director, JKSPDC, Subject: Engagement of Consultant for Preparation of D.P.R including assisting the JKSPDC in International competitive bidding at all stages to procure EPC Contract for implementation OF 7 MW ACHOORA GUREZ HEP located IN DISTRICT BANDIPORA, J&K State.

Dear Sir, I, on behalf of ___________________________________, a Consultancy Company herewith enclose Technical Proposal for engagement of my/our Company as a Consultant for Preparation of D.P.R including assisting the JKSPDC in International competitive bidding at all stages to procure EPC Contract for implementation OF 7 MW ACHOORA GUREZ HEP located IN DISTRICT BANDIPORA, J&K State.

Yours faithfully,

1. Signature of the authorized signatory:________________________

2. Name of the authorized signatory:______________________________

3. Name of the company:

4. Seal of the company:______________________________________________

34

FORM NO.F-2

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, ________ [NAME] _____________certify that I am the _____ [DESIGNATION] of

[NAME OF THE COMPANY] established under the Companies Act 1956 who has signed the

above tender/ bid is authorized to sign bid on behalf of the Company by the authority of its

governing body.

1. Signature of the authorized signatory:________________________

2. Name of the authorized signatory:______________________________

3. Name of the company:

4. Seal of the company:______________________________________________

35

Form No: 3

1. Brief description of the registered company

2. Assignments of similar nature successfully completed:

3. The Bidder Consultancy Company/ Organization should also give details of the ongoing similar assignments in the above format.

1. Signature of the authorize d signatory:________________________

2. Name of the authorized signatory:______________________________

3. Name of the company:

4. Seal of the company:______________________________________________

Note: The applicant/bidder companies must attach documentary evidence in support of their submissions above.

S. No. Name Assignment

(Brief Scope)

Name of

project

Owner/ Sponsor

Cost of assignme

nt

Date of commencem

ent

Date of completio

n

Was assignment satisfactoril

y completed

1 2 3 4 5 6 7 8

36

FORM NO. F.4

WORK PLAN & TIME SCHEDULE

Consultant may furnish the work plan, time schedule of the key staff for the various

activities and methodology/approach involved in the assignment. The complete process is

scheduled to be completed in 180 DAYS from the date of start under the contract.

1. Signature of the authorized signatory:________________________

2. Name of the authorized signatory:______________________________

3. Name of the company:

4. Seal of the company:______________________________________________

37

FORM NO: F-5

Composition of the team personnel and the task which would be assigned to each team member for the proposed assignment:

(TECHNICAL / FINANCIAL/ LEGAL/ OTHER KEY MEMBERS OF THE TEAM FOR CARRYING

OUT THE ASSIGNMENT)

S.No

POSITION

NAME

QUALIFICA

TION

RELEVANT

EXPERIENCE

DURATION

OF PROPOSED DEPLOYMENT (DAYS)

AMOUNT

REMARKS

1

TEAM LEADER

(with Min. 15 Years experience as Hydraulic Engineer with a

Min. of 10 Years experience in similar assignments in Hydro

Power Sector)

2

CIVIL ENGINEERING EXPERT

(with Min. 10 Years experience as Hydraulic Engineer with a

Min. of 03 years experience in similar assignments in Hydro

Power Sector)

3

MECHANICAL ENGINEERING

EXPERT (with Min. 10 years experience as Mechanical Engineer & 03

years experience in hydro-mechanical works in Hydro

Power Sector)

4

ELECTRICAL ENGINEERING

EXPERT (with Min. 10 years experience

as electrical Engineer & 03 years experience in electro-mechanical

works in Hydro Power Sector)

5 GEOLOGIST ENGINEERING (with Minimum 10 years

experience as Engineering Geologist and 03 years as

Engineering Geologist in Hydro Power Sector)

6

PROCUREMENT EXPERT

(with Min. 10 Years experience in similar assignments in Hydro

Power Sector)

7

ANY OTHER EXPERT PROPOSED BY THE CONSULATANT

1. Signature of the authorized signatory:________________________

38

2. Name of the authorized signatory:______________________________

3. Name of the company:

4. Seal of the company:______________________________________________

39

Form F-6

SUGGESTED FORMAT OF CURRICULUM VITAE FOR MEMBERS OF CONSULTANTS TEAM

1. Name: _________________________________________

2. Profession/ Present Designation:____________________

3. Length of service with the Company: _________________

4. Internationality: __________________

5. Academic Qualification:: ____________

(Under this heading, summarize College/ University and other specialized education of the proposed team member, giving names of schools, colleges, professional institutions attended with dates on which attended and degrees/ diplomas obtained. Use up to quarter page.)

6. Proposed Position on the Team for Transaction Advisor : ________________

7. Key Qualifications:___________________________________________

(Under this heading give outline of proposed Team Member’s experience and training most pertinent to assigned work on proposed team. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations. Use up to half-a-page)

8. Experience: ___________________________________________________________

(Under this heading, give the list of positions held by the proposed Team Member since graduation, giving dates, names of employing organization, title of positions held and location of assignments. For experience in last ten years also give types of activities performed and Owner references, where appropriate. Use up to three quarters of a page)

9. Language:

________________________________________________________(Indicate proficiency in speaking, reading and writing of each language by ‘excellent’, 'good' or 'poor').

1. Signature of the authorized signatory:________________________

40

2. Name of the authorized signatory:______________________________

3. Name of the company:

4. Seal of the company:______________________________________________

41

FORM NO. F-7

COMMENTS/SUGGESTIONS OF CONSULTANT

(On the terms of reference):

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

4. ________________________________________________________________

5. ________________________________________________________________

1. Signature of the authorized signatory:________________________

2. Name of the authorized signatory:______________________________

3. Name of the company:

4. Seal of the company:______________________________________________

42

Annexure IV

Format for

Financial proposal

(Bid Data forms)

Forms 8-9

43

FORM NO: 8

FINANCIAL PROPOSAL

(To be submitted with Financial Offer in Second Envelope)

FROM:

TO: ________________________________ Managing Director

JKSPDC, _________________________ _ Subject: Engagement of Consultant for Preparation of D.P.R including assisting the JKSPDC in

International Competitive Bidding at all stages to procure EPC Contract for implementation

OF 7 MW ACHOORA GUREZ HEP located IN DISTRICT BANDIPORA, J&K State.

Sir,

I, on behalf of ___________________________________, a Consultancy Company

herewith enclose Financial Proposal for selection of my/our Company as a Consultant for

Engagement of Consultant for Preparation of DPR including assisting the JKSPDC in

International Competitive Bidding at all stages to procure EPC Contract for implementation

OF 7 MW ACHOORA GUREZ HEP located IN DISTRICT BANDIPORA, J&K State.

Yours faithfully,

1. Signature of the authorized signatory:________________________

2. Name of the authorized signatory:______________________________

3. Name of the company:

44

4. Seal of the company:______________________________________________

45

FORM NO. F-9

SCHEDULE OF PRICE BID

S.No Module Basic cost Service tax @ 10.5%

Total

1. Preparation of a bankable DPR of Achoora Gurez Hydro Electric project

2. Assisting JKSPDC in conducting Competitive bidding process for selection of EPC contract including preparation of RfQ, RfP, Evaluation reports, Contract Agreements, IA, PPA and all such activities for the selection of the Developer

Total*

• The total cost is all total inclusive of taxes, duties, out of pocket

expenses, travelling, boarding, lodging etc. Nothing extra over this

cost shall be paid .

Note: 1. The cost is all inclusive including taxes & duties and Out of Pocket

expenses.

2. The prices shall remain FIRM till completion of the Assignment.

1. Signature of the authorized signatory:________________________

2. Name of the authorized signatory:______________________________

3. Name of the company:

4. Seal of the

company:______________________________________________

46

ANNEXURE-V

JKSPDC STANDARD GUIDELINES FOR

ENGAGEMENT OF CONSULTANTS

47

Jammu & Kashmir State

Power Development Corporation Ltd.

Standard Guidelines for Engagement of Consultants by JKSPDC

1.0 Short Title and Commencement

These Guidelines shall be called ‘The J&K State Power Development Corporation Limited (JKSPDC) Engagement of Consultants Guidelines”

2.0 Definitions

In these Guidelines, unless the context otherwise requires;

2.a Words or expressions used in these guidelines shall have the meaning respectively assigned to them in the Jammu and Kashmir Electricity Act, Samvat 1997 or the Jammu and Kashmir Electricity Duty Act, 1963 or the Jammu and Kashmir State Electricity Regulatory Commission Act, 2000;

2.b ‘Commission’ means the Jammu & Kashmir State Electricity Regulatory Commission constituted under the J&K State Electricity Regulatory Commission Act, 2000;

2.c ‘Management Committee’ means a Committee designated as Management Committee appointed by the Board of Directors of JKSPDC;

2.d ‘Consultant’ includes any individual, firm, company, body or association of persons, not in the employment of the JKSPDC, who or which possesses or has access to any specialized knowledge, experience or skill relevant for the work and functions of the Commission;

2.e ‘Material breach of Contract’ shall include but not be limited to the instances enumerated hereinafter in these guidelines and shall also include all such violations of the terms of the Contract which cannot be described in ordinary parlance as trivial;

2.f ‘Officer’ means an officer of the JKSPDC.

48

The J&K State Power Development Corporation Limited (JKSPDC) Engagement of Consultants Guidelines

3.0 Engagement of Consultants

3.a Consultant would be engaged only for executing specialized tasks for which requisite skills are either not available within the staff of the JKSPDC or where the nature of job is specific and time bound.

3.b Consultant will not normally be engaged for routine day-to-day work of the JKSPDC, for which staff is available.

3.c The ‘Terms of Reference’(TOR) for the ‘Engagement of Consultants’ for specific tasks will be approved by the Management Committee of JKSPDC.

3.d The Management Committee of JKSPDC may decide either to invite combined technical and financial proposals, or separate technical and financial proposals.

3.e The Management Committee of JKSPDC shall in each case stipulate the

minimum qualifying marks for the technical bid.

3.f After approval of the TOR by the Management Committee of JKSPDC, the Managing Director will cause the request for Proposals to be issued inviting proposals, and ensuring that appropriate publicity is given in each case, which shall normally be through advertisement, in at least two national newspapers.

3.g In addition, ‘Request For Proposal’ may also be issued to a panel of Consultants of standing, as approved by the JKSPDC or by the Central Electricity Authority (CEA) or by the Central Water Commission (CWC) or by the Central Electricity Regulatory Commission (CERC) or by the Ministry of Power of Government of India depending upon the context, from time to time.

4.0 Request For Proposals (RFP)

The request for proposal shall include the following:

4.a A letter of invitation stating the intention of the JKSPDC to enter into a contract for provision of a consulting services, the source of funds, the details of the plan and the date, time and address for submission of proposals.

4.b Information to consultants shall contain all necessary information that will help consultants prepare responsive proposals by providing information on the evaluation process and by indicating the evaluation criteria and factors and their respective weights and the minimum pre-qualification score.

49

The J&K State Power Development Corporation Limited (JKSPDC) Engagement of Consultants Guidelines

4.c Terms of reference (TOR) shall be prepared to define clearly the objectives, goals and scope of the assignment and provide background information including a list of existing relevant studies and basic data to facilitate the consultant’s preparation of their proposals. If transfer of knowledge, training is an objective, the TOR will detail the number of staff to be trained. TOR shall list the services and surveys necessary to carry out the assignment and the expected outputs (for example reports, data, surveys etc.) linked to each task in the TOR.

5.0 Receipt of Proposals

5.a Enough time shall be allowed for the consultant to prepare and submit their proposals. While the time allowed shall depend on the assignment, it will normally not be less than two weeks, during which period firms may seek clarifications about the information provided in the TOR.

5.b The Board of Directors of JKSPDC may decide to extend the deadline for submission of proposals, as deemed appropriate by it.

5.c No amendments to the technical or financial proposals shall be accepted after the deadline except before a Management Committee appointed by the Board of JKSPDC. The proposal shall be submitted in sealed cover. Where the JKSPDC prescribes the separate technical and financial proposals to be submitted, they shall be submitted in separate sealed envelops.

6.0 Single Source Selection

Single source selection shall be exercised only in exceptional cases where it is appropriate and represents a clear advantage because the tasks represent a natural continuation of previous work carried out by the Consultant or where a rapid selection is essential or for very small assignments where the fee payable does not exceed Rs.1 lac in each case or where only one firm is qualified or has experience for the assignment. For each single source selection, prior approval of the Board of Directors of JKSPDC is required.

7.0 Selection of Individual Consultant

7.a Individual Consultant shall be employed for assignments for which team of personnel is not required, no additional outside (home office) professional support is required, and where the experience and qualifications of the individual are the paramount requirement.

7.b Individual Consultants shall be selected on the basis of their qualifications for the assignment. They may be selected on the basis of references, or through

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The J&K State Power Development Corporation Limited (JKSPDC) Engagement of Consultants Guidelines

comparison of qualifications among those expressing interest in the assignment, or those who are approached directly by the JKSPDC. Evaluation shall be on the basis of academic background, relevant experience and appropriate technical knowledge, knowledge of local conditions, administrative systems and concerned organizations. For individual consultants the fee payable shall not exceed Rs.Fifty Thousands in each case.

8.0 Scope of Work

8.a The ‘Terms of Reference’(TOR) would specify the exact nature of the tasks to be undertaken by the Consultant, the time allowed for completion of each task, the services and surveys necessary to carry out the assignment and the specific Outputs and Deliverables that are to be provided by the Consultant in relation to each task.

8.b If transfer of knowledge, or training to staff is a task envisaged, then the TOR will list the details of staff to be trained.

8.c Detailed terms of engagement will be drawn up in each case and agreed to between the Consultant and the JKSPDC prior to award of Contract for consultancy. Contract shall incorporate said details of engagement as far as possible as per ‘Model Contract’ at Schedule- I of these Guidelines.

9.0 Fees and Other Charges

9.a The JKSPDC shall determine, based on the bids, the fees and other charges separately for each case, commensurate with the quantum of work involved and the level of professional expertise made available based on the bids.

9.b The amount determined shall be inclusive of all of the Consultant’s costs and profits as well as any tax obligations (Income Tax, Service Tax and any other) of the Consultant.

9.c Fees will be paid, subject to JKSPDC’s certificate of satisfaction, and statutory Tax Deduction at Source under relevant laws including the Income Tax Act 1961.

10.0 Conflict of Interest

10.a Consultant shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients that may place them in a position of not being able to carry out the assignments objectively and impartially.

10.b The Consultant, or any entity affiliated with the Consultant, engaged by JKSPDC shall in no case represent or give opinion or advice to other

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The J&K State Power Development Corporation Limited (JKSPDC) Engagement of Consultants Guidelines

stakeholders in any matter which is adverse to the interest of the JKSPDC. This would constitute a ‘Material Breach of Contract’.

11.0 Obligations and Liability

11.a The Consultant’s obligation shall be to provide the Services and Deliverables (agreed to and specified in the Contract at Schedules A, C and D respectively) to the JKSPDC within the time period provided in the Contract, except in the case of any ‘Force Majeure Events’. Slippage in the Consultants’ submission of Deliverables beyond a period of THIRTY days past the due date, shall constitute a ‘Material Breach of Contract’.

11.b The Consultant’s obligation shall be to provide the services (Schedule-C of the Contract) through the team of personnel stipulated therein (Schedule-B of the Contract) because the experience, qualification and Curriculum Vitae (CV) of the said personnel is fundamental to the technical evaluation of the bid, which is the basis for award of Contract. Change in team composition, task assignment, or person-day efforts contracted without written approval of the JKSPDC shall constitute a ‘Material Breach of Contract’.

11.c The JKSPDC may, in their discretion, terminate the Contract or a part thereof in the event of the Consultant failing to meet the aforesaid obligations. In case of such defaults the JKSPDC shall be at liberty to get the work completed from any other agency at the ‘risk and cost’ of the Consultant. Given that any such mid-term termination could entail higher costs than contracted, any enhanced costs would be covered by the ‘risk and cost’ liability.

11.d ‘Force Majeure Events’ shall include, without limitation, the following events to the extent that such events or their consequences qualify as per the standard set out above:

i. any event beyond the reasonable control of the Consultant: natural disasters or other acts of God; including earthquake, cyclone, flood, storm, war, terrorist attack, civil commotion or other similar occurrence

ii. any change in law including any legislation, sub-ordinate or delegated legislation, rules, regulation, directive, order, notification, exemption or any interpretation thereof duly issued/promulgated in exercise of lawful authority, after the date hereof adversely affecting the performance by the Consultants of its obligations hereunder, or

iii. any event or circumstance of a nature analogous to any of the foregoing.

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ANNEXURE-VI

PROPOSED CONTRACT

FOR

PROVIDING OF CONSULTANCY SERVICE

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ANNEXURE-VI PROPOSED CONTRACT FOR CONSULTANCY SERVICES

This CONTRACT (hereinafter, together with all Appendices attached hereto and forming an integral part hereof, called the "Contract") is made the---------. Day of the ---------month of, 2011, between, on the one hand JKSPDC (Hereinafter called the "Owner") and, on the other hand,................. (Hereinafter called the “Consultant")

WHEREAS:-

JKSPDC, in order to augment and improve the hydro power generation in the state and to reduce the demand-supply gap of the state, desires to construct the 07 MW ACHOORA GUREZ HEP, in the ENGINEERING, PROCUREMENT AND CONSTRUCTION mode.

For the above purpose, the JKSPDC is intending to engage the services of reputed consultants/ consulting organizations for:

a. Preparation of D.P.R

b. Preparation of pre-qualification (RFQ) bid documents conforming to CEA, MOP, GOI guidelines/ Standard FIDIC documents (as per the requirement of Owner) and evaluation thereof for selection of technically responsive bidders for the EPC Contract through an International competitive bidding process.

c. Preparation of “REQUEST FOR PRPOSALS (RFP)”- Bid Documents conforming to CEA, MOP, GOI guidelines/Standard FIDIC documents (as per the requirement of Owner) using the DPR for 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT IN DISTRICT BANDIPORA , JAMMU & KASHMIR STATE .

d. Assisting JKSPDC in bidding process at all stages including techno-economic evaluation of bids received for procurement of the EPC Contract for implementation of 07 MW ACHOORA GUREZ HYDRO ELECTRIC PROJECT IN DISTRICT BANDIPORA , JAMMU & KASHMIR STATE.

And WHEREAS: G. The Consultant, have represented to the Owner that they have the required

professional skills, expert personnel backed up with the technical and financial resources required to provide the Services on the terms and conditions set forth in this Contract; And

H. The Owner, based on the offer of the Consultant, to the effect that the Consultants have the required professional skills, expert personnel and technical and financial resources to provide the above cited Services required for the successful completion of the assignment as defined hereinafter (hereinafter called the "Services"); has decided to accept the offer of consultant for purposeful finalization of contract for implementation of the services.

NOW THEREFORE the parties hereto hereby agree as follows:

1. GENERAL PROVISIONS 1.1. Definitions

Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:

(a) "Applicable Law" means the laws and any other instruments as are in force for the time being and applicable in the State of J&K, including rules and regulations made thereunder and the judgments, decrees and orders of any court of record during subsistence of this agreement.

(b) "Contract" means this Contract together with all Appendices/Attachments

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and including all modifications made, in accordance with the provisions of Clauses 2.6 hereof between the owner and the Consultants.

(c) "Effective Date" means the date on which this Contract comes into force and effect pursuant to Clause 2.1 hereof;

(d) "Personnel" means persons hired by the Consultants or by any Sub- consultant as employees and assigned to the performance of the Services or any part thereof; "Foreign Personnel" means such persons who at the time of being so hired had their domicile outside the Government's country; and "Local Personnel" means such persons who at the time of being so hired had their domicile inside the Government's country;

(e) “Party” means the Owner or the Consultants as the case may be: (f) “Project” means providing of Consultancy Services as a Consultant for

preparation of Detailed Project Report (DPR), framing of Bid Documents for

Competitive Bidding and assisting JKSPDC at all stages of the Bidding Process to procure an EPC Contract for implementation of 07 MW ACHOORA GUREZHEP ON TURNKEY BASIS located in District BANDIPORA of J&K State.

(g) "Services" means the work to be performed by the Consultants pursuant to this Contract for the purposes of the Project, as described in Appendix A hereto;

(h) "Sub consultant" means any entity to which the Consultants subcontract

any part of the Services in accordance with the provisions of Clause 3.5 hereinafter; and (i) "Third Party" means any person or entity other than the Owner and

the Consultants or a Consultant.

1.2. Relation between the parties Nothing contained herein shall be construed as establishing a relation of master and servant or of agent and principal as between the Owner and the Consultants. The Consultant/s, subject to this Contract, have complete charge of Personnel performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.

1.3. Law Governing Contract

This Contract, its meaning and interpretation, and the relation between the parties shall be governed by the Applicable Law prevailing in the J&K State.

1.4. Language

This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

1.5. Headings

The headings shall not limit, alter or affect the meaning of this Contract.

1.6. Notices

1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such Party at the following address:

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For the Owner: ________________ ________________

Attention: Post: Telegram: Fax: Email: For the Consultants: _________________ _______________ Attention: Post: Telegram: Fax: Email:

1.6.2 Notice will be deemed to be effective as follows: a. India Postage Service Mail or by Courier: On delivery b. India Postage Telegram: Seventy Two (72) hours following confirmed

Transmission c. Fax: Seventy Two hours. d. Email: Seventy Two hours.

1.6.3 A Party may change its address for notice hereunder by giving the other Party

notice of such change pursuant to this Clause.

1.7 Location

The Services shall be performed in J&K State or at any other location desired by the the owner and, where the location of a particular task is not so specified, at such locations, as the Owner may approve.

1.8 Authority of Member in Charge

The Consultant may authorize any individual to act as the Team Leader on their behalf in exercising the entire Consultants' rights and obligations towards the Owner under this Contract, including without limitation the receiving of instructions and payments from the Owner.

1.9 Authorized Representative

Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract, may be taken or executed:

(a) on behalf of the Owner by____________________ or his designated

representative;

(b) on behalf of the Consultants by________________or his designated representative.

1.10 Taxes and Duties

The consultants and the personnel shall pay the taxes, duties; fees, levies and other impositions levied under the existing, amended or enacted laws during life of this contract and the Owner shall perform such duties in regard to the deduction of such tax as may be lawfully imposed.

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2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT Effectiveness of Contract:

This Contract shall come into force and effect on the date (the "Effective Date") of the Owner's notice to the Consultants confirming that the following conditions have been met:

(a) This Contract has been approved by the Owner. (b) Requisite Contract Performance Bank Guarantee in the prescribed format has

been submitted by the Consultant.

2.1 Termination of Contract for failure to become Effective:

If this Contract has not become effective within fourteen (14) days of the date hereof, either Party may, by not less than THREE (3) weeks' written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto. 2.2 Commencement of Services:

The Consultants shall begin carrying out the Services immediately viz. from the date of issue of LOI/ Letter of Award OR such date as communicated by the Owner in the notice to proceed whichever is later.

2.3 Time for completion:

Time is the essence of the Contract. The services shall be completed within the permissible period from the date, the contract is signed by the parties and effective date of its enforcement is notified. However, on sufficient grounds, the consultant may be given extension of time for the completion of assignment, which shall not be at the cost of services and cost shall remain firm during the currency of the contract.

Unless terminated earlier pursuant to Clause 2.9 hereof, this Contract shall terminate' when, pursuant to the provisions hereof, the Services have been completed and the payments on account of remuneration and reimbursable expenditures have been made.

2.4 Entire Agreement:

This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein.

2.5 Modification:

Modification of the terms and conditions of this Contract, including any modification of the scope of the Services, may only be made by written agreement between the Parties and shall not be effective until the consent of the parties has been obtained. Pursuant to Clause 7.2 hereof, however, each Party shall give due consideration to any proposals for modification made by the other Party.

2.6 Force Majeure:

2.7.1. Definition

(a) For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes act of God, war, riots, civil disorder, explosion, storm, strikes, lockouts or

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other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies.

(b) Force Majeure shall not include

Any event which is caused by the negligence or intentional action of a Party or such Party's Sub-consultants or agents or employees nor any event which a diligent Party could reasonably have been expected to both (i) take into account at the time of the conclusion of this Contract, and (ii) avoid or overcome in the carrying out of its obligations hereunder.

2.7.2. No Breach of Contract: The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract in so far as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.

2.7.3 Measures to be taken:

(a) A Party affected by an event of Force Majeure shall take all reasonable

measures to remove such Party's inability to fulfill its obligations hereunder with a minimum of delay.

(b) A Party affected by an event of Force Majeure shall notify the other Party

of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimize the

consequences of any event of Force Majeure. 2.7.4 Extension of Time:

Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.

2.7.5 Consultation:

Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.

2.8. Suspension:

The Owner may, by written notice of suspension to the Consultants, suspend all payments to the `Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension

(i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not

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exceeding three weeks after receipt by the Consultants of such notice of suspension and shall invoke contract performance guarantee.

2.9. Termination:

2.9.1. By the Owner: The Owner may, by not less than three (03) weeks' written notice of termination to the Consultants (except in the event listed in paragraph (f) below, for which there shall be a written notice of not less than fifteen (15) days), such notice to be given after the occurrence of any of the events specified in paragraphs (a)- through (f) of this Clause 2.9.1, terminate this Contract:

(a) If the Consultants fails to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause 2.8 herein above, within three (03) weeks of receipt of such notice of suspension or within such further period as the Owner may have subsequently approved in writing;

(b) If the Consultants become insolvent or bankrupt or enter into any agreements with their creditors for relief of debit or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;

(c) If the Consultants fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause 8 hereof;

(d) If the Consultants submit to the owner a statement which has a material effect on the rights, obligations or interests of the Owner and which the Consultants know to be false;

(e) If, as the result of Force Majeure, the Consultants are unable to perform a material portion of the Services for a period of not less than fifteen days (15) days; or

(f) If the Owner, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.

2.9.2. Cessation of Rights and Obligations:

Upon termination of this Contract pursuant to Clauses 2.2 or 2.9 hereof, or upon expiration of this Contract pursuant to Clause 2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except

(a) Such rights and obligations as may have accrued on the date of termination or expiration,

(b) The obligation of confidentiality set forth in clause 3.2 hereof,

(c)Any right which a Party may have under the applicable law

2.9.3 Cessation of Services:

Upon termination of this Contract by notice to pursuant to Clauses 2.9 hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum.

2.9.4. Payment upon Termination:

Upon termination of this Contract pursuant to Clauses 2.9 hereof, the 'Owner

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shall make the following payments to the Consultants:

(a) Remuneration pursuant to Clause 6 hereof for Services satisfactorily performed prior to the effective date of termination:

(b) Reimbursable expenditures pursuant to Clause 6 hereof for expenditures actually incurred prior to the effective date of termination.

1.0 OBLIGATIONS OF THE CONSULTANTS

3.1 General

3.1.1 Standard of Performance

The Consultants shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used with professional engineering and consulting standards recognized by professional bodies, and shall observe sound management, and technical and engineering practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The Consultants shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Owner, and shall at all times support and safeguard the Owner's legitimate interests .

3.1.2 Law Governing Services The Consultants shall perform the Services in accordance with the Applicable Law prevailing in the State of J&K and shall take all practicable steps to ensure that any Sub-consultants, as well as the Personnel and agents of the Consultants and any Sub consultants, comply with the Applicable Law prevailing in the State of J&K.

3.1.3 Conflict of Interest The consultant shall hold the Owner's interest paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their corporate interests.

3.2.1 Consultants not to benefit from Commission, Discounts etc. The payment of the Consultant shall constitute the Consultant's only payment in connection with this Contract or the Services, and the Consultant shall not accept for their own benefit any trade commission, discount, or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations under the Contract, and the Consultant shall use their best efforts to ensure that the Personnel, any Sub- Consultants, and agents of either of them similarly shall not receive any such additional payment.

3.2.2 Consultants and Affiliates not to be otherwise interested in Project

The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-Consultants and any entity affiliated with such Sub-

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Consultants, shall be disqualified from providing goods, works or services (other than consulting services) resulting from or directly related to the Consultant's Services for the preparation or implementation of the project.

3.2.3 Prohibition of Conflicting Activities: The Consultant shall not engage, and shall cause their Personnel as well as their Sub Consultants and their Personnel not to engage, either directly or indirectly, in any business or professional activities which would conflict with the activities assigned to them under this Contract.

3.2.4 Confidentiality:

The Consultants, their Sub-consultants and the Personnel of either of them shall not, either during the term or within two (2) years after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the Owner's business or operations without the prior written consent of the Owner.

3.3 Insurance to be taken out by the Consultant:

The Consultant (a) shall take out and maintain, and shall cause any Sub-Consultants to take out and maintain, at their (or the Sub-Consultants', as the case may be) own cost but on terms and conditions approved by the Owner, insurance against the risks, and for the coverage, as shall be specified in the SC; and (b) at the Owner's request, shall provide evidence to the Owner showing that such insurance has been taken out and maintained and that the current premiums have been paid.

3.4 Liability of the Consultants

The Consultants shall be liable to the Owner for the performance of the Services in accordance with the provisions of this Contract. If the Consultants consist of more than one entity, then the Consultants and each of their members shall be jointly and severally liable to the Owner for the performance of the Services and for any loss suffered by the Owner as a result of a fault of the Consultants in such performance, subject to the following limitations:

a. The Consultants shall not be liable for any damage or injury caused by or arising out of the act, neglect, fault or omission of any persons other than the Consultants, its Sub-consultants or the personnel of either of them; and

b. The Consultants shall not be liable for any loss or damage caused by or arising out of circumstances over which the Consultants had no control.

c. In the event that the Consultant is in default of his duties in performance of the services as envisaged in the Contract Agreement, the Consultant shall redo, rectify all deficits, inadequacies, insufficiencies pointed out by Owner and authorities before whom the report(s) is submitted within a period of 15 days from the date on which such defects, deficits etc have been communicated to the consultant verbally or in writing as the case may be.

3.5 Indemnification of the Owner by the Consultants

The Consultants shall keep the Owner, both during and after the term of this Contract, fully and effectively indemnified against all losses, damage, injuries, deaths, expenses, actions, proceedings, demands, costs and claims, including, but not limited to, legal fees and expenses, suffered by the Owner or any Third Party,

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where such loss, damage, injury or death is the result of a wrongful action, negligence or breach of Contract of the Consultants or their Sub-consultants; or the Personnel or agents of either of them, including the use or violation of any copyright work or literary property or patented invention, article or appliance.

3.6 Consultants Actions Requiring Owner’s Prior Approval:

The Consultants shall obtain the Owner's prior approval in writing before taking any of the following actions:

(a) Appointing Personnel to carry out any part of the Services, including the terms and conditions of such appointment;

(b) Entering into a subcontract for the performance of any part of the Services, it being understood:

1. That the selection of the Sub-consultant and the terms and conditions of the

subcontract shall have been approved in writing by the Owner prior to the execution of the subcontract, and

2. That the Consultants shall remain fully liable for the performance of the Services by the Sub-consultant and its Personnel pursuant to this Contract;

3.7 Reporting Obligations:

The Consultants shall submit to the Owner the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix, including any supporting data required by the Owner

3.8 Documents Prepared by the Consultants to Be the Property of the Owner

All plans, drawings, specifications, designs, reports and other documents prepared by the Consultants in performing the Services shall become and remain the property of the Owner, and the Consultants shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Owner, together with a detailed inventory thereof. The Consultants may retain a copy of such documents but shall not use them for purposes unrelated to this Contract without the prior written approval of the Owner.

4.0 CONSULTANTS' PERSONNEL

4.1 General The Consultants shall employ and provide such qualified and experienced Personnel as are required to carry out the Services

4.2 Description of Personnel

(a) The titles, agreed job descriptions, minimum qualifications and estimated periods of engagement in the carrying out of the Services of each of the Consultants' Personnel are described in Appendix C.

(b) If required to comply with the provisions of Clause 3.1.1 of this Contract, adjustments with respect to the estimated periods of engagement of Personnel set forth in Appendix C may be made by the Consultants by written notice to the Owner, provided:

1. That such adjustments shall not alter the originally estimated period of

engagement of any individual by more than 10% or one week, whichever is lesser, and

2. That the aggregate of such adjustments shall not cause payments under this Contract to exceed the ceilings set forth in Clause 6.2 of this Contract. Any

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other such adjustments shall only be made with the Owner's written approval.

(c) If additional work is required beyond the scope of the Services specified in Appendix A, the estimated periods of engagement of personnel set forth in Appendix C may be increased by agreement in writing between the Owner and the Consultants, provided that any such increase shall not, except as otherwise agreed, cause payments under this Contract to exceed the ceilings set forth in Clause 6 of this Contract.

4.3 Agreed Personnel

The Consultant hereby agrees to engage the personnel and sub-consultants listed by title as well as by name in Appendix C in order to fulfill his contractual obligations under this contract.

4.4 Removal and/or Replacement of Personnel

(a) Except as the Owner may otherwise agree, no changes shall be made in the Personnel. If, for any reason beyond the reasonable control of the Consultants, it becomes necessary to replace any of the personnel, the Consultants shall forthwith provide as a replacement a person of equivalent or better qualifications.

(b) If the Owner

(1) Finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (2) Has reasonable cause to be dissatisfied with the performance of any

of the personnel, then the Consultants shall, at the Owner's written request specifying the grounds there for, forthwith provide as a replacement a person with qualifications and experience acceptable to the Owner.

(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of remuneration applicable to such person as well as any reimbursable expenditures (including expenditures due to the number of eligible dependents) the Consultants may wish to claim as a result of such replacement, shall be subject to the prior written approval by the Owner. Except as the Owner may otherwise agree,

(1) The Consultants shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement, and (2) The remuneration to be paid for any of the Personnel provided as a

replacement shall not exceed the remuneration which would have been payable to the personnel replaced.

5.0 Obligations of the Owner: 5.1 Payment

In consideration of the Services performed by the Consultants under this Contract, the Owner shall make to the Consultants such payments and in such manner as is provided by Clause 6 of this contract.

5.2 Services and Facilities The Owner shall make available free of charge to the Consultant the Services and

Facilities listed under Appendix D. 6.0 SCHEDULES FOR DELIVERY OF SERVICES & Payment to the Consultants:

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6.1 SCHEDULES FOR DELIVERY OF SERVICES: The time schedule and the time duration during which the Consultant shall be obliged to deliver the services shall be here under:

S. No. Activity Time (in days)

1 Letter of Award/ letter of intent T0

2 Submission of work plan and

methodology with approval of Owner

(JKSPDC).

T0 + 14

3 completion of topographical surveys and

submission of report

T0 + 45

4 Submission of CWC cleared Hydrology T0 + 90

5 Completion of Geotechnical &

Geophysical Investigation & furnishing of

report

T0 + 100

6 Submission of Hydrology, Power Potential

studies and geological report.

T0+ 120

7 Submission of Draft DPR T0 + 180

8 Submission of final DPR and RFQ. T0 + 240

9 Finalization of pre-qualification of EPC

bidders and issue of RFP.

T0 + 300

10 Clearances from Indus Commission of

India / Forest/PCB and other statutory

bodies

T0 + 300

11 Completion of bidding process for

procurement of EPC contract.

T0 + 400

6.3 SCHEDULE & Mode of Payment; Module I: Preparation of DPR

S No Milestone % of Fee

1 Mobilisation Advance (interest bearing @ PLR of J&K Bank + 1% ) against submission of Bank Guarantee and upon submission & acceptance of inception report.

10%

2 Report on Hydrology, Power potential, geological surface mappings and layouts

10%

3 Draft copy of DPR 25% 4 Final copy of DPR 30% 5 Approval by JKSPDC 20% 6 Retention money for Knowledge sharing & transfer 5 % 7 Total (incl. taxes) 100% Module II: Bid process for selection of an EPC contractor

S No Milestone % of Fee

1 Mobilisation Advance (interest bearing @ PLR of J&K Bank + 1% ) against submission of Bank Guarantee

10%

2 Submission of RFQ documents conforming to current CWC/CEA guidelines based on data of DPR and approval of

10%

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JKSPDC. 3 Evaluation of RFQ and acceptance by the Chief Engineer,

Civil Investigation & Design Wing (Kashmir) JKSPDC. 10 %

4 Submission of RfP documents conforming to current CWC/CEA guidelines based on data of DPR and approval of JKSPDC

10%

4 Techno-Economic evaluation of bids received and assistance in selection through EPC arrangement on turnkey basis

20%

5 Preparation of draft agreement and Presentation before the management committee/BOD of JKSPDC and incorporating feedback from the Chief Engineer, Civil Investigation & Design Wing (Kashmir) JKSPDC.

15%

6 Execution of EPC Contract with the selected bidder for development of project on approval of JKSPDC.

20%

7 Knowledge Sharing & transfer 5 % Total (incl. taxes) 100%

Notes:- iii) Payment on account of topographical surveys, geotechnical & geophysical

investigations & other investigations shall be paid as per actual progress on the rates quoted by the bidders.

iv) Payment of 5% retained shall be released after sharing & transfer of knowledge to JKSPDC and/or to PMC appointed if by JKSPDC separately.

6.3 The Consultant shall submit the bills in triplicate to the Owner on Consultants’ printed bill forms indicating the work done by him during the period for which payment is sought.

6.4 The Owner shall cause the payment of the Consultants as per above given in schedule of payment above within forty five (45) days after the receipt of bills by the Owner with supporting documents. But if the progress is not satisfactory and according to agreed work program/schedule the payment may be withheld.

6.5 The final payment under this Clause shall be made only after satisfactory completion of the activities mentioned in the TOR.

6.6 All payments under this Contract shall be made to the account of the Consultants with: [NAME OF BANK] 7.0 Fairness and Good Faith: 7.1 Good Faith:

The Parties undertake to act in good faith with respect to each other's rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

7.2 Operation of the Contract: The parties recognize that it is impractical in this Contract to provide for every

contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause 8 hereof.

8.0 SETTLEMENT OF DISPUTES 8.1 Amicable Settlement The parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof. Any dispute between the parties as to matters arising pursuant to this Contract which cannot be settled amicably shall be resolved as per the J&K Arbitration & Conciliation

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Act, 1997 as amended from time to time. Jurisdiction of J&K Courts will apply.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written. For and on behalf of (Owner) Witness: By_____________________ 1. Authorised Representative 2. For and On Behalf of (Consultants) Witness: By_____________________ 1. Authorised Representative 2.

LIST OF APPENDICES TO FORM PART OF THE CONTRACT

A. Description of the Services Detailed descriptions of the Services to be provided; dates for completion of various tasks; place of performance for different tasks; specific tasks to be approved by Owner; etc.

B. Reporting requirements Format, frequency and contents of reports; persons to receive them; dates of submission; etc.

C. Consultants' Personnel Titles and names (if already available), detailed job descriptions and minimum qualifications of Personnel to be assigned to work and man-months for each.

D. Duties of the Owner Service, facilities and properties to be made available to the consultants by the owner.

E. Cost of Services

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ANNEXURE VII

LIST OF DEVIATIONS

PROFORMA FOR EXCEPTIONS AND DEVIATIONS

The bidder is required to stipulate the list of Exceptions and Deviations of RFP document, if any, in the Performa given below:

S. No. Description Reference Exception / Deviation desired

Signature of Bidder

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ANNEXURE VIII

CHECK LIST

Bidder shall complete this checklist and submit the same along with proposal document. Checklist only covers certain important items required for evaluation of proposal. It has been enclosed to ensure that applicant has submitted all the necessary data / information as called for in the RFP document.

Please write Yes or No for ensuring compliance.

1. Mode of participation

As single bidder

1. Whether the proposal document is in English language? 2. Whether requisite earnest money in appropriate form has been enclosed? 3. Has the proposal document been submitted in three sets? 4. Whether following documents have been submitted?

Exceptions and deviations sheet (Annex-I).

Experience of team (Annex-III)

5. Whether price bid has been placed in separate sealed envelope? 6. Whether three sealed envelopes of Bid have been placed in a sealed packet? 7. Whether a list of documents, data, brochures etc. submitted in support of the claims

mentioned in the proposal document has been enclosed? 8. Whether each page of the proposal document has been signed by the authorized signatory?

Signature of Bidder

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SPECIAL CONDITIONS OF CONTRACT

1 INTRODUCTION

In order to render the consulting services desired by JKSPDC (the Client), the Consultant shall develop a detailed methodology and work plan for the DPR preparation. Details of the requirement of JKSPDC and methodology are presented herein under.

2 PREPARATION OF DETAILED PROJECT REPORT

The Consultant will undertake preparation of the DPR in three distinct phases, namely:

• Inception Phase;

• Field Investigation and Survey Phase;

• Analysis, Design and Documentation Phase.

The methodology proposed for each of these phases is described in the ensuing sections.

3 INCEPTION PHASE

The Consultant will initiate the preparation of the DPR with preliminary studies aimed at defining the course of the subsequent phases of the consulting services. These studies will consist of collection and review of relevant data, a reconnaissance visit to the project site, review and confirmation of identified site, planning for field investigations and preparation of an Inception Report.

3.1 Collection and Review of Relevant information

The Consultant will collect reconnaissance level information on the project available with the Client. It will also gather currently available topographical, hydrological, meteorological, geological and other relevant data on the project area from concerned sources. In addition, it will collect information on the existing power transmission systems in the region.

The data and information collected will be compiled and reviewed by the Consultant with particular reference to the requirements of the study. Furthermore, the Consultant will ascertain the sufficiency of these data so that missing or unavailable data may be identified and either be supplemented from other sources or be collected during the subsequent field investigations and survey. The Client will render necessary assistance in obtaining such data.

3.2 Field Visit

The Consultant will visit the project site to acquaint itself with the general settings of the project. The Consultant’s senior and experienced personnel will participate in this visit.

3.3 Review and Confirmation of Identified Sites

Based on the information available from desk studies and the site visit, the Consultant will conduct a review of the identified project site. For this purpose, the Consultant will perform a preliminary assessment of the suitability of the site taking into consideration geological conditions, hydraulic conditions, engineering hazards, predictable guarantee for good

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performance, existing water rights, potential environmental impacts, accessibility, safety of structures, economics, etc. Based on this exercise, the Consultant will prepare alternative studies and either confirm the identified site or will propose potential alternative sites that could be considered during subsequent phases to exploit power optimally.

3.4 Power Evacuation Studies

The Consultant will estimate the type and extent of local transmission needs. It will investigate different alternatives for connecting the project to the nearest pooling station.

3.5 Planning for Field Investigation

The Consultant will prepare a detailed field investigation program to collect and assimilate information on the project pertaining to topography, hydrological and sediment data, geological and geotechnical information and construction material. This program will be geared to address the general requirements of the study and any other requirements specific to the project site. It will identify the locations of a sufficient number of drill holes and exploratory adit. The program will be discussed with the Client and finalized incorporating the latter’s comments and suggestions.

3.6 Preparation of Inception Report

On completion of the above activities, the Consultant will prepare an Inception Report that will primarily deal with the following issues:

• Result and recommendations of various studies conducted during the inception phase;

• Consultant’s evaluation of the site and different alternatives for site development;

• Proposed field investigation program;

• Methodology and approach to be used by the Consultant for subsequent phases of work.

The Consultant will submit five copies of the Inception Report to the Client within one month of signing the contract agreement for the latter’s review and approval.

4 FIELD INVESTIGATION PHASE

Upon approval of the Inception Report by the Client, the Consultant will proceed with the field investigations. This activity will consist of topographical survey, hydrological and sediment, geological mapping, geotechnical investigations and construction material survey. The proposed methodology for these activities is described in the following sections.

4.1 Topographic Survey

The Consultant will conduct topographic survey of the project area to establish ground control, determine the gross head available for power generation and prepare topographic maps of the project area, river cross-sections and river profiles at desired scales. The methodology for these activities is presented below.

4.1.1 Ground Control Survey

Ground control in the project area will be established by connecting benchmarks and traverse points to third-order stations of the National Grid established by the Survey of India, and carrying out a closed traverse from the head-works site to the powerhouse site. At least three

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control points will be provided in the vicinity of the proposed structures, viz. the diversion dam, intake, desilting basin and the powerhouse. These points will be fixed on permanent monuments with brass marks and brass nameplates on top. Description Cards of the permanent ground control points will be prepared. Horizontal control in the project area will be established using a high precision Distomat (EDM) or Total Station. For vertical control, triangulation leveling will be run to accurately determine the elevations of all the ground control points at headwork and powerhouse sites.

4.1.2 Tacheometric Detailing

For detailed topographic mapping of the project area, tachometric survey procedures will be adopted using Distomat and staves or total station. This work will consist of the following:

• Detailed survey of entire project area to produce topographical maps.

• Detailed survey of the locations of major structures, including dam, intake, desilting basin, power house, borrow areas, etc.

• Strip survey of tunnel alignment and the penstock route with coverage of at least a 200 m corridor from the center line of the tunnel, conducted in sufficient detail. Detailed sections of cross drainages lying across the tunnel and penstock route will also be conducted.

During the surveys, the locations of various field features will be recorded using a coding system to facilitate processing of the data using mapping software.

4.1.3 Longitudinal Profile and River Cross-sectional Survey

The longitudinal profile of the river will be carried out from 1 km upstream of the diversion structure axis to 1 km downstream of the tailrace outlet. In order to arrive at the exact gross head available for the project, this survey will be conducted through precise levelling techniques and will be closed with the bench marks at the intake and powerhouse sites.

River cross-sectional survey will be performed along the axes of the diversion structure and tailrace sites.

The longitudinal and cross-sectional surveys will be conducted in sufficient detail to enable processing of the survey data using the mapping and drafting software.

4.1.4 Road Alignment Survey

The Consultant will perform an alignment survey along the proposed access road to the project site covering a corridor of at least 100 m from the centre line of the road. For the longitudinal survey, staff readings will be taken at every 100 m. Likewise, cross sections of the alignment will be taken at every 200 m. Detailed surveys at cross drains will also be conducted.

For scale and contour interval of various survey requirements, the followings shall be adopted

Topographical Surveys

Sl. No. Feature Survey Requirement

Scale Contour Interval

Additional Requirement

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1 L-Section along the stream

Bed level of the stream along its centre line from 1 km upstream of diversion structure to 1 km downstream of confluence of tailrace.

1:10000 -

(1) Date of survey (2) Water levels on date of survey along the stream

2

General Layout

(1) Contour plan to cover all components of the project extending from 1 km upstream of diversion structure to 1 km downstream of confluence of tailrace with the river.

1:10000 5m -

(2) River cross-sections at 100m interval to cover both banks well above the highest flood marks and include water conductor for the reach where it is close to the river.

1:500 -

The following information to be included: (i) Date of survey (ii) Water level on date of survey (iii) Max. observed HFL on basis of flood marks.

(3) Access road 1:10000 5m -

3

Diversion Structure

(1) Contour plan to cover reach 50m upstream to 50m downstream of the proposed structure and extend at least 10m above anticipated highest flood level.

1:200 2m -

(2) 3 cross-sections, 1 along the axis and 2 on either side, I.e., upstream and downstream of the axis.

1:200

-

The following information to be included: (i) Date of survey (ii) Water level on date of survey (iii) Max. observed HFL on basis of flood marks.

4

Water conductor systems

(1) Contour plan along water conductor alignment extending 100m towards the hill side and 100m

1:500 5m -

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towards the valley side.

(2) 'L' section along the alignment of water conductor

1:500 - -

(3) Cross-sections along the water conductor at 100m intervals and at locations where nalas are intercepted as also at locations where topography changes abruptly.

1:500 - -

(4) Three cross-sections of the nallas-one on the alignment and one each on either side of the alignment.

1:500 - -

(5) 'L' section along nalas, 100m on either side of water conductor.

- -

The following information to be included: (i) Date of survey (ii) Water level on date of survey (iii) HFL if any based on flood marks to be indicated.

(6) Contour plan to cover sufficient area of the nala and its banks.

1:200 - -

5

Forebay

(1) Contour plan to cover entire area of forebay including its vicinity.

1:500 2m -

(2) Longitudinal section and 2-3 cross-sections

1:500 - -

6

Penstock

(1) Contour plan extending 20m on either side of the alignment.

1:500 2m -

(2) 'L' section along penstock alignment.

1:500 - -

(3) Cross-sections at 100m intervals along alignment and at anchor block locations

1:500 2m -

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7

Powerhouse

(1) Contour plan to cover sufficient area to include different alternative layouts of powerhouse and switchyard and tailrace channel upto its confluence with the river.

1:200 2m -

(2) 'L' section along the power-house and tailrace channel upto its confluence with the river.

1:200 -

The following information to be included: (i) Date of survey (ii) Water level at the point of confluence of the tailrace with the river on the date of survey (iii) Max. observed HFL on basis of flood marks.

(3) Access road to powerhouse

1:200 2m -

4.2 Collection of Hydro-meteorological and Sediment Data

Field investigations for hydrological and sediment data will span over almost the entire study period. The investigations will aim at collecting sufficient data to enable establishment of a reliable hydrological database for selection of design flows, establishment of floods of different return periods, prediction of long-term flows and estimation of the sediment load in the river.

4.2.1 Hydrological Data

At the recommendation of the Consultant, the Client will collect the river-flow data during the period of contract. The Consultant will assist the Client’s personnel in selecting the site and train them for observing and recording discharge data. The Consultant will guide the Client in establishing a gauging station at the proposed diversion site for measuring river flows. These flows will normally be measured in the morning and evenings; however, the frequency of measurements will be increased as advised by the Consultant during high and low flow periods to catch the maximum and minimum flows in the river.

In addition, periodic discharge measurements through direct current metering will be carried out during normal periods of flow. During floods, as advised by the Consultant, current meter readings will be conducted from bridges, if any, present near the head-works site.

The Consultant shall identify suitable location, for hydrometric station specify type of equipment, specify measurement procedure.

During the investigations, the Consultant will study the river characteristics and collect information on any significant past flood events in the river basin. The historical maximum flood and driest discharge will be estimated based on visible flood marks and inquiry with the local people .The consultant can also compare the hydrological calculations based on the available hydrological data for d/s projects ______________ & _______________.

4.2.2 Sediment and Water Sampling

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As part of the field investigations, the Consultant will guide the Client’s personnel in collecting sediment samples of the river at the intake site to determine the silt factor. The sampling will be conducted with a sediment sampler at the locations of the current meter measurements or as advised by the Consultant.

Samples of the river water shall be collected by the Consultant to investigate the corrosion-effect of water on water-carrying steel parts and on concrete.

4.3 Geological and Geotechnical Investigations

In order to understand the stratigraphy and physical properties of the underlying strata, the Consultant will conduct suitable geological and geotechnical investigations at the intake, desilting basin, tunnel/water conductor, crossings, penstock, powerhouse and tailrace sites. These activities will include geological surface mapping, in-situ tests and laboratory tests on representative soil and rock samples, etc., as discussed below.

4.3.1 Geological Investigations

4.3.1.1 Engineering Geological Mapping

The engineering geological mapping of the project area and it vicinity will be carried out following standard practice. It will be conducted in sufficient detail to obtain a clear picture of the regional geology and to enable preparation of geological maps of the headworks and powerhouse sites at the scale of 1:500 and at a scale of 1:10000 for the tunnel alignment. The geological mapping will be conducted using topographic maps prepared for the study and aerial photographs. Detailed surface investigation will be carried out by mapping surface outcrops. Where such outcrops are limited or severely weathered, trenches or shafts will be excavated to expose the bedrock. Such mapping will give information on the rock types and the structural features in the rock mass such as bedding planes, cleavage and joint planes, their inclinations and orientations as well as ground water conditions. During the mapping, particular emphasis will be given to identification of geological hazards, presence of thrusts/faults, weak discontinuities, areas of slope instability and areas subject to liquefaction during seismic events. The principal geological features of the project area will be documented through photographs.

4.3.1.2 Detailed Discontinuity Mapping

Detailed discontinuity mapping will be performed at sites of potential land instability around them. The mapping will yield sufficient information on the characteristics of the discontinuities present at these sites to enable structural stability analyses and support designs to be carried out.

4.3.1.3 Rock Mass Classification

Rock mass classification will be performed to arrive at a general rating of the rock mass quality in the project area. The classification will be performed using the Geo-mechanics Classification (RMR System) or the Rock Tunnel Quality Index (Q System).

4.3.2 Geotechnical Investigations

The geotechnical investigations conducted at the site will consist of the following tests and activities: core drilling, permeability tests, water pressure tests, two-dimensional electrical resistivity tests, test pitting and trenching and collection of samples for laboratory tests.

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4.3.2.1 Core Drilling

The Consultant will carry out vertical / inclined core drilling with NQ size core recovery and water pressure testing to obtain information on foundation materials and conditions. About five boreholes will be drilled with a total length of 150 m. Out of these, two will be drilled at intake site, one at desilting basin and two at powerhouse sites. The no. of bore holes and length of drilling is indicative only and they may vary as per actual site condition.

Before this activity starts, the Consultant will present drilling program, including the drilling site and schedule, to the Client for the latter’s approval. The drilling will be conducted in conformity with the relevant standards regarding the core recovery, storage, documentation, handling and delivery to the Client. Precast concrete pillars will be installed at the borehole locations for identification. The drillings will be documented through photographs. As the drilling proceeds, the Consultant will also prepare daily drilling records and borehole logs. These records will be maintained in standard formats.

4.3.2.2 Water Pressure Tests

The Consultant will monitor the ground water levels and perform water pressure tests (Lugeon tests) using suitable mechanical or pneumatic packers to determine the water bearing characteristics and rock mass conditions of the underlying strata. Water pressure tests will be carried out in each bore hole at 3 m intervals using standard procedures. Proper records of the tests shall be maintained in approved formats.

4.3.2.3 Permeability Tests

Permeability tests will be conducted in sufficient detail to determine the water-bearing characteristics of the overburden. The holes for this test will be advanced by driving casing to the required depth(s). Proper records of the tests shall be maintained in approved formats.

4.3.2.4 Two-dimensional Electrical Resistivity Survey

Two-dimensional electrical resistivity survey will be performed to estimate the depth of overburden, grade of weathering, rock types, ground water level, presence of structures like thrusts/faults, degree of fracturing and to facilitate the correlation and extrapolation of drilling results. The survey will be performed at the locations of different project component, e.g. dam, intake, powerhouse, and at places comprising weak zones as indicated by other investigations.

The depth of investigation will be between 10-50 m, depending on the type of structure under consideration. A total of approximately 2.5 km survey will be conducted at the locations of project structures such as the headworks, desilting basins, tunnel portals, penstock, powerhouse and tailrace. Notwithstanding the suggested requirements, the actual requirements for geophysical exploration shall be finalized after studying the specific site conditions. The Client’s consent on the locations, numbers and lengths of the exploration will be obtained before commencing work. The profiling will be conducted for standard configurations with a standard resistivity meter, and the collected data will be processed through electrical imaging and polygon modeling using appropriate software.

4.3.2.5 Test Pitting and Trenching

Test pits and trenches will be excavated for geological mapping and exploration. Test pits will be excavated manually with minimum plan dimensions of 1.5 m x 1.5 m at their bottom and to an agreeable maximum depth with unsupported sides. The numbers of pits shall be decided after study of the site conditions; however, this number shall not be less than 10. Trenches will be excavated to 1 m bottom width and required length. The number of trenches will be decided at the site. Bulk samples will be taken from each test pit and trench. Logs will be prepared for

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each test pit and trench, and the test pits and trenches will be photographed. In addition, direct shear tests will be conducted on the undisturbed samples to assess the shear strength parameters of the material.

4.3.3 Construction Material Investigation

As part of the geological and geotechnical investigations, the Consultant will determine the quality and quantity of construction materials available in the project area. These materials include coarse and fine aggregates for concrete works, core (impervious) materials, structural backfill materials, filter / under-bedding materials, etc. The Consultant will collect samples of these materials for performing various laboratory tests in a reputed and recognized laboratory to confirm their suitability. In addition, potential borrow areas with acceptable quality of construction materials will be identified during the survey.

5 ANALYSIS, DESIGN AND DOCUMENTATION PHASE

On completion of the field investigation, the Consultant will commence the analysis and interpretation of the collected data, design and drawing of various components of the project as well as preparation of reports as described hereunder.

5.1 Preparation of Topographic Maps and Sections

The topographic data collected during the field investigations will be compiled. Using these data, requisite maps, longitudinal profiles and cross-sections will be prepared at the desired scales using the mapping and drafting softwares.

5.2 Analysis of Hydrological, Meteorological and Sediment Data

5.2.1 Hydrological and Meteorological Data

The Consultant will compile and analyze the hydrological and meteorological data of the project area collected from the site, from various sources during the desk study and from hydrometric stations in the vicinity of the project. Using these data, the flow duration curve and the mean monthly discharges at the intake site will be generated. Likewise, regression models for generating the flood frequency will be developed using the data, and flood peaks for various return periods will be calculated for the intake and powerhouse sites. The spillway design flood will be estimated as per the relevant BIS code. These computations will be made using river cross-sectional properties and the high flood levels, and rating curves for the two sites (diversion site and power house site) will be developed. If required, the Consultant will also establish the minimum, maximum, dependable and design flows, etc., of the river to an agreed level of confidence using standard hydrological analysis software.

5.2.2 Sediment Data

The Consultant will estimate the total sediment (bed and suspended) load of the river at the intake site to establish the design parameters for the desilting basin. In addition, the characteristics of the solid material transportation, including particle size distribution, will be evaluated. The Consultant will also perform petrographic analysis to determine the hardness of particles, particle size and the nature of material entering the power waterways.

5.3 Analysis of Geological and Geotechnical Data

5.3.1 Preparation of Surface Geological Map

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Based on the surface geological mapping conducted at the site, the Consultant will prepare an initial surface geological map of the project area and its vicinity at the desired scale. Subsequently, a detailed geological map covering the headworks, penstock alignment, powerhouse, headrace tunnel route will be prepared at a suitable scale. The geological map will indicate unstable areas, areas with active surface geological processes, rock type, ground water level, etc. Geological cross sections at the intake, crossings, forebay, penstock and powerhouse sites will also be prepared at suitable scales. These maps will identify rock outcrops, structural features, faults, lineaments, strike and dip of rock formations, groundwater springs, etc.

5.3.2 Analysis and Interpretation of Geological and Geophysical Investigations

The Consultant will compile and interpret data obtained from core drilling to estimate the subsurface conditions at different locations. From the results of the permeability tests, the Consultant will estimate the water bearing characteristics of the overburden. Likewise, it will compile and interpret the results of the water pressure tests to estimate the water bearing characteristics and rock mass conditions of the underlying rock. Such interpretations will be made in conjunction with geological cross sections prepared through surface mapping. In addition, the Consultant will interpret the electrical resistivity values obtained from the 2D electrical resistivity tests and will present the findings in the form of geo-electric sections showing the bedrock overburden boundary and zones of different rock mass qualities.

5.3.3 Laboratory Tests on Core Samples

Depending on the type of core recovery, laboratory tests such as gradation, Atterberg limit, point load index, absorption and specific gravity, sodium sulphate soundness, Los Angeles abrasion and petrographic tests will be performed on the cores recovered from each drill hole. These tests will be repeated as per change in lithology and / or rock mass quality; however, the number of tests will not be less than 5 sets in each hole. From the results of these tests and in-situ tests, the Consultant will draw suitable conclusions regarding the stratigraphy, physical and strength properties of the soil and rock in different locations of the project area.

5.3.4 Stability Analysis

The structural / discontinuity information obtained from the mapping of the outcrops at different locations will be interpreted using stereographic projection. Slope stability analyses and design of stabilization / retaining measures will also be conducted using computer softwares for locations where such exercise is deemed essential.

5.3.5 Rock Mass Classification

The structural information mapped along the tunnel alignment will be interpreted using stereographic projection. This joint mapping information will be extrapolated to the level of the tunnel, with due caution, to tentatively assess the strength and structural stability of the rock mass at that level and to arrive at an estimate of the required support system. A preliminary rock mass classification system based on the Q-system or the RMR-system will also be developed from the information obtained from the geological and geotechnical investigations.

5.3.6 Laboratory Tests on Construction Materials

In addition to the above-mentioned activities, the Consultant will perform laboratory tests on the construction material samples brought from the site to confirm their suitability. Tests on soil samples will include grain size distribution, compaction, permeability, natural moisture content, Atterberg limits, specific gravity, etc. Likewise, tests on rock samples will consist of unconfined compression, gradation and classification, absorption and specific gravity, Los Angeles abrasion, unit weight, sulphate soundness, alkali-aggregate reactivity, hardness, etc. The tests will be performed in accordance with relevant BIS standard or equivalent standards.

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5.3.7 Seismological Study

The Consultant will perform the study of available information on regional tectonics, interpret aerial photograph and satellite images to review tectonic features including neo- tectonic features. It will categorize the different faults indicated and observed in the project area into active, inactive and capable faults. The peak ground acceleration (PGA) for maximum design earthquake (MDE) and Design basis earthquake (DBE) will be obtained from available empirical laws.

5.4 Preparation of Field Report

After analysis of the topographical and geological/geotechnical investigations are complete, the Consultant will prepare a Field Report and submit five copies of it to the Client, not later than five months after signing the contract agreement. This report will discuss the following:

• Works conducted during the field visit.

• Results of topographical and geological /geotechnical investigations.

• Topographical Survey.

5.4.1 Project Optimization

The Consultant will use appropriate methods and tools to optimize the project general arrangement and sizing of the project components. This exercise will also include the optimization of the project in terms of capacity and energy generation in conjunction with an economic evaluation of the project. Various parameters such as height of the diversion structure, design discharge, dimensions of the hydraulic conveyance system, etc. will be considered in the optimization. Project optimization for finding the major obligatory points of each project component will be aimed at minimizing the total costs of construction, operation and maintenance as well as mitigation of adverse environmental impacts while providing for adequate factors of safety against hydrological, geological, seismological and geotechnical risks. Furthermore, data analyses and application of the Economic Impact Model for determining the various costs and benefit parameters to select the optimum shape and size of the components of the hydropower scheme will be utilized.

5.4.2 Preliminary Design of Civil Works

Following project optimization, the Consultant will finalize the layouts of the different structures of the project and will work out the basic design of the major civil works. The factors that will be taken into consideration in the layout and design of these components are briefly discussed in the ensuing sections.

5.4.2.1 Diversion Structure and Intake

The diversion structure and intake of the project will be located at a site that is suitable hydraulically and geologically. The Consultant will carry out the hydraulic and structural designs of these structures using standard engineering practice. These structures will be designed to enable diversion of water into the system even during periods of minimum flow in the dry season and to withstand the maximum flow during the wet season. Care will be taken to minimize the construction as well as maintenance costs of these structures duly considering the construction constraints.

5.4.2.2 Desilting Basin

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From the available information on the type and quantity of silt in the river, the percentage and size of silt that needs to be removed in order to minimize damage to the turbines will be determined. The desilting basin will be designed to remove this silt size and percentage from the water being conveyed to the powerhouse. The location of the desilting basin will be governed by the availability of space and hydraulic conditions required for proper desilting and flushing operations.

5.4.2.3 Hydraulic Conveyance System

Power tunnels will be aligned through the most stable zones available so that faults or low overburden zones can be avoided. The appropriate shape and optimum size of the tunnel section will be determined for maximum hydraulic efficiency, constructability, geological conditions and economy, and the most appropriate type of lining will be selected for it. Depending on the rock mass classification system developed for the Project, the most efficient support system for the rock type present in the area will be estimated. For designing the support systems, rock mechanics software shall be used extensively.

5.4.2.4 Surge Tank

The Consultant will select the most appropriate type of surge tank for the hydraulic conveyance system. The diameter of the tank and throttle diameters will be designed using standard hydraulic design procedures. Adequate supports for the rock mass and the lining system will also be suitably designed.

5.4.2.5 Pressure Shaft/Penstock

The Consultant will select the most economical diameter and lining thickness for the pressure shaft/penstock. Adequate supports and expansions joints will be provided at proper places.

5.4.2.6 Powerhouse and Tailrace

The powerhouse site will be selected in an area that is protected from the highest water level in the river. The stability of hill slopes around the powerhouse site will also be checked. The type, number and size of the turbines in the powerhouse will be selected according to the head, discharge and load conditions of the national grid, transport constraint, peaking requirement etc. The turbine setting will be selected keeping in mind the duration of maximum river water level in order to minimize head loss and to minimize the length of the tailrace.

5.4.2.7 Selection / Design of Electro-mechanical Equipment

Based on the conceptual design, the Consultant will select the various electro-mechanical equipment, viz. turbine, inlet valves and gates, speed governor, lubricating system, cooling system, control system, generator, excitation voltage control, control panel, sub-station and switchyard equipment, etc., required for the project. While doing so, the Consultant will give due consideration to factors such as standards, type, rating, efficiency, construction, cooling, inertia, over-speed, noise, etc. Other factors such as accessibility of the project area in terms of the means of transport as well as the maximum transportation loads and sizes will also be taken into account. For estimation purposes, the Consultant will collect quotations for the electromechanical equipment from various manufacturers.

5.4.2.8 Access Road

The Consultant will design and determine a suitable alignment for the access road to nearest existing road head. The alignment selection will be based on standard factors such as topography, geology, environment, settlements, economy, transportation needs during construction, etc. The geometric design of the access road and the design of structures will be

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based upon appropriate standards. These designs will take into consideration the size and weight of the vehicles likely to ply on the road, particularly during the construction phase of the project.

5.4.2.9 Power Evacuation

The Consultant will prepare a note on the power evacuation aspect and shall carry out the conceptual design of the Switch Yard.

5.5 Preparation of Interim Progress Report

While the design works are in progress, the Consultant will prepare an Interim Progress Report and submit five copies of it to the Client within twelve months after signing the contract agreement. This report will contain information on the progress in hydrological and sediment investigations, design, economic analysis and other activities related to the preparation of the DPR.

5.6 Preparation of Drawings and Maps

As the works mentioned in the foregoing sections are completed, the Consultant will prepare the requisite drawings for inclusion in the Draft Report. The drawings will be prepared in CAD in the type and numbers that reflect the scope of the DPR. The drawing detail submitted with the draft and final DPRs will be such that all design information is clearly indicated, and they lead to a fair cost estimation of the project. Typical drawing details will include:

o Structural dimension and layout information;

o Interfaces with other structures;

o Member sized and arrangement;

o Equipment arrangement and layouts.

The drawings will be in A-3 size. The major drawings will include the following:

5.7 Construction Planning

Based on the information available, the Consultant will prepare a master schedule and construction program for the development of the project. While preparing the schedule, the Consultant will give due weightage to factors such as the local conditions, availability and abundance of construction materials and labourers, time taken for specialized jobs, delivery of equipment, etc. The schedule will define the pre-construction activities, access and transportation routes and methods, contract packaging, locations of borrow areas for construction materials, construction methodologies, construction labor force requirements and construction camp and infrastructure facilities. The critical activities and the critical path in the schedule of activities will also be illustrated.

5.8 Cost Estimation

The Consultant will prepare a DPR-level cost estimate of the project based on the optimized layout, structure sizes and the construction methodology conceived for the project, taking into account the project schedule. It will carry out rate analyses of the various materials and wages based on the market information and general norms adopted in similar projects. Guidelines of CWC shall be followed in cost estimation. Costs of electro-mechanical equipment and power

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evacuation will also be included. After completing the rate analyses and quantity estimation, the Consultant will estimate the cost of the entire project.

5.9 Economic and Financial Evaluation of Project

In order to carry out the economic and financial analysis of the project, the Consultant will calculate the parameters, such as average energy production, firm and secondary power, firm and secondary energy, local consumption of energy, supply to the national grid, tariff for local consumption and grid supply, load factor, etc., on which the analyses will be based. The Consultant will prepare the necessary inputs for the economical evaluation and financial analysis to analyze the economic and financial viability of the project. This assessment will be performed by conducting economic and financial analyses at different discount rates to determine the Net Present Value, Levelized Profit, Benefit/Cost Ratio and the Economic/Financial Internal Rate of Return (EIRR/FIRR). Sensitivity analysis of these parameters under different conditions of project cost, discount rates, tariff, etc. will also be performed.

5.10 Preparation of Draft Final Report

Within 06 months of signing the contract agreement, the Consultant will prepare a Draft Final Report and submit five copies of it to the Client. This report, which will be spread across an appropriate number of volumes, will include design calculations, drawings, quantity and cost estimates, construction planning and other details related to the DPR. All documents will be prepared in accordance with the latest "Guidelines for Formation of Project Reports for Power Project (Hydro, Thermal & Transmission)" of CEA, Govt. of India and "Guidelines for Preparation of Detailed Project Report of Irrigation and Multipurpose Project" issued by the Ministry of Water Resources, Govt. of India or any other guidelines issued by Ministry of Power, Govt. of India, CEA, CWC, Govt. of Jammu & Kashmir.

5.11 Submission of Final Report

Upon receipt of JKSPDC’s comments on the Draft Final Report, the Consultant will revise the contents of the report suitably and submit five copies of the DPR to JKSPDC within 12 months after signing the contract agreement. This report, which will be spread across an appropriate number of volumes, will include design calculations, drawings, quantity and cost estimates, construction planning and other details as formulated in the scope of work.

5.12 Obtaining Techno-economic Clearance

The Consultant shall assist the Client in obtaining Techno-economic Clearance from concerned authority. The Consultant shall also provide necessary technical clarification on the DPR for the queries, if any, raised by any Statutory Bodies / Financial Institutes during the scrutiny of the DPR for according TEC and also during the Pre-financial closure of the Project and shall make necessary correction/incorporation in the DPR and shall take such action as regards to further survey and investigation as may be required so that Techno-economic clearance is obtained.