EXHIBIT 10.138.7
CHANGE ORDER
TO THE
AMENDED AND RESTATED CONTRACT
FOR THE
ENGINEERING, PROCUREMENT AND CONSTRUCTION
OF THE
UPPER BHOTE KOSHI HYDROELECTRIC PROJECT
CHANGE ORDER NO. 007
RECITALS:
Whereas, in accordance with Article 6, the Contractor and Owner mutually agree
to amend certain terms in the Amended and Restated Contract for the Engineering,
Procurement and Construction of the Upper Bhote Koshi Hydroelectric Project,
dated December 19, 1996 including Change Orders 1,2, 3,4,5,and 6 (the
"Contract"), including, the Critical Dates, the Construction Schedule, and the
Milestone Payment Schedule, and have mutually agreed to this Change Order No.
007.
Whereas, the Contractor failed to achieve, in a timely manner, certain milestone
Critical Dates as amended and restated in Change Order No. 005 of the Contract,
the Contractor has proposed a recovery plan to assure the earliest possible
achievement of project completion.
Now therefore, the Parties agree to the following:
A. SPECIAL CONSIDERATIONS
1. The Parties agree to amend and replace the Milestone Payment Schedule
attached as Exhibit E-2 to the Contract as amended in Change Order No.
003 and Change Order No. 005, with the Milestone Payment Schedule
attached as Exhibit 7.2 to this Change Order No. 007.
2. The Parties acknowledge that Bonus for Early Delivery and Schedule
Liquidated Damages shall remain in full force.
3. This Change Order No. 007 shall constitute the entire agreement between
Owner and Contractor relating to the subject matter hereof and shall
operate as an amendment to the Contract. This Change Order No. 007 shall
supercede Change Order No. 005 A (2) and (3). All other terms and
conditions of the /Contract are hereby ratified and confirmed and shall
remain in full force and effect.
B. SCHEDULE ADJUSTMENT
1. The Parties agree to amend the Construction Schedule attached as Exhibit
A to the Contract as previously amended in Change Order No. 003 and
Change Order No. 005, with the amendments to the Construction Schedule,
entitled Recovery Schedule, attached as Exhibit 7.1 to this Change Order
No. 007.
2. The Parties agree not to amend and restate the Critical Dates as defined
in Article 5.2.3, Change Order No. 001, Change Order No. 002, Change
Order No. 003, and Change Order No. 005. The Critical Dates shall remain
as follows:
Milestone Critical Date
Start Mobilization 06/01/97
Health, Safety and Environmental 07/05/97
Plan Complete
Turbine, Generator, Inlet Valve 08/31/97
and Governor Ordered
Transformer and Powerhouse Crane 11/15/97
Ordered
River Closure 03/20/98
Cutoff Wall Under Spillway Complete 12/15/97
Powerhouse Excavation Complete 02/28/98
Draft Tubes Delivered to the Site 03/01/98
Surge Shaft Complete 09/15/98
Headrace Tunnel Excavation 50% 09/30/98
Complete
Dam, Spillway and Right Side Wall
of Descending Basing Foundations 06/15/98
Concrete Complete
Powerhouse Roof Complete 04/30/99
All Transmission Tower Erected 05/30/99
All Major Equipment on Site 06/01/99
Headrace Tunnel Complete 09/20/99
Operators Village Complete 07/01/99
Transmission Line Complete 08/31/99
Penstock Complete 10/31/99
Stage 2 Headworks Concrete Complete 09/20/99
Unit Delivery Date of First Unit 11/15/99
Unit Delivery Date of Second Unit 12/31/99
C. COST ADJUSTMENT
NONE
Agreed this ___________ day of September 1998 by and between:
OWNER: CONTRACTOR:
Bhote Koshi Power Company China Gezhouba Construction
Private Limited Group Corporation for Water
Resources and Hydropower
By:______________________ By:_________________________
▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
Senior Vice President Project Manager
MILESTONE PAYMENT SCHEDULE
Milestone No. Milestone Description Percent of Amount in
Contract US$
Portion
1 Mobilization payment upon 10.00% 4,634,000
receipt of Notice to Proceed
2 Health, safety and 0.39%
Environmental Plan submitted
and approved by Owner; Owner's
temporary office and residence
complete, mobilization complete
and in compliance with Health,
Safety and Environmental Plan
and environmental laws 180,726
3 Project engineering design 1.67%
and desanding basin physical model
and testing complete;Project
design report, including design
drawings, and report on
desanding basin physical model
testing delivered to Owner 773,878
4 River crossing No. 1 complete 0.15% 69,510
5 River crossing No. 2 complete 0.91% 421,694
6 Construction roads for access 1.99%
along the left bank at the
headworks, adit A, adit B,
penstock and and surge shaft
complete 922,166
7 Construction roads for 0.78%
switchyard and powerhouse
construction area complete 361,452
8 Left bank high slope protection 1.40%
above elevation 435 m.
complete; Cutoff wall under
spillway section complete 648,760
9 Diversion tunnel and diversion 2.44%
channel complete (not including
the roof of box culvert and
gate slot) 1,130,696
10 Upper and lower cofferdams 2.50%
complete; Cutoff wall under
right bank slope section; complete 1,158,500
11 Desanding basin intake and 3.12%
riverside wall foundation
excavation and spillway
▇▇▇▇ body foundation
excavation completed;
Spillway ▇▇▇▇ body and
desanding basin riverside
wall foundation concrete
(1m) placement completed;
Stage 1 cofferdam removed 1,445,808
12 Gravity dam block 1 through 3 1.56%
foundation excavation
complete and foundation
concrete (2m) placement 722,904
13 By-pass conduit and desanding 7.50%
basin intake trench concrete
placed to EL.1420m; Riverside
wall body concrete block A and B
placed to EL.1417m, block C
placed to EL.1415m; Spillway
▇▇▇▇ body concrete placed to
EL.1420m; Flood protection for
construction of spillway and
desanding basin completed. 3,475,500
14 Cut-off wall under right 0.77%
abutment slope section
completed (excluding Aniko
highway section and connect
section) 356,818
15 Headrace tunnel intake 5.00%
excavation completed; Desending
basin intake, by-pass conduit
intake and riverside wall (except
end wall) concrete placed to
EL.1435m; Spillway piers concrete
placed to EL.1435m 2,317,000
16 Headworks gates installation 2.33%
cut-off wall (including Aniko
highway section and connect
section) completed.; Rubble
masonry for protection and
backfill completed; Desanding
basin concrete complete 1,079,722
17 Gravity Dam body concrete 2.80%
placed to EL.1435m; Spillway
▇▇▇▇ surface concrete complete 1,297,520
18 Adit A and B excavation and 0.68%
rock support complete,
headrace tunnel excavation
and support from surge shaft
to downstream outlet complete 315,112
19 600 m headrace tunnel 1.76%
excavation completed 815,584
20 Milestone 19 plus 700m 2.03%
headrace tunnel excavation
complete 940,702
21 Milestone 20 plus 700m 2.03%
headrace tunnel excavation
completed. 940,702
22 Milestone 21 plus 700m 2.03%
headrace tunnel excavation
completed 940,702
23 Headrace tunnel excavation 2.03%
complete 940,702
24 705m of headrace tunnel 1.72%
rock support and lining (side
wall and arch where necessary)
complete 797,048
25 Milestone 24 plus 1000m 2.30%
headrace tunnel rock support
and lining (side wall and
arch where necessary) complete 1,065,820
26 Headrace tunnel rock support 3.62%
and lining complete 1,677,508
27 Grouting and drain holes 0.78%
complete in headrace tunnel,
and adit A and adit B plugged
complete 361,452
28 Surge shaft and vent tunnel 0.57%
excavation, rock support and
concrete complete 264,138
29 Orders placed for Major 3.61%
Equipment (not including the
additional transformer);
Order placed for steel and
hardware for penstock and
spillway gates 1,672,874
30 Penstock steel and hardware 1.88%
delivered to the site; and
Contractor penstock construction
operation ready to proceed 871,192
31 Penstock tunnel section, 0.31%
including steel liner,
concrete encasement and
grouting, complete 143,654
32 Exposed section of penstock 1.57%
complete, including provisions
for draiage, restoration of
public roadway, and completion
of penstock and tunnel leakage
test 727,538
33 Powerhouse cofferdam in place 0.91%
and tailrace excavation complete 421,694
34 Powerhouse excavation 0.88%
complete for drainage sump
construction 407,792
35 Powerhouse foundation concrete 0.85%
(below El.1279m) complete 393,890
36 Powerhouse Stage 1 concrete 1.50%
placed to El.1292m; Powerhouse
cofferdam removal; Powerhouse
back slope (excluding switchyard)
protection complete; Tailrace
concrete placement and tailrace
stoplog gate installation
complete; Yard backfilled to
El.1287m 695,100
37 Powerhouse state 1 concrete 0.72%
placed to El.1330m; State 2
concrete of erection bay placed
to El.1292m 333,648
38 Owners office and residence 2.50%
(operators village) complete 1,158,500
39 Maintenance faiclity building 1.22%
complete and accepted by Owner 565,348
40 Transmission towers delivered 0.83%
to the Facility Site 384,622
41 Survey and subsurface testing 1.00%
of all tower locations,
foundations for each tower
complete 463,400
42 All towers erected and 0.99%
hardware and conductors
installed, inspected and tested,
complete 458,766
43 Delivery of First Unit and 6.89%
auxiliary equipment to the
Facility Site 3,192,826
44 Delivery of Second Unit to 2.04%
the Facility Site 945,336
45 Powerhouse state 2 concrete, 1.64%
roof structure, inner brick
work complete; Powerhouse
bridge crane and draft tube
gate hoisting equipment
installation complete 759,976
46 Achievement of First Unit 0.91%
Delivery Date, in accordance
with the requirements of the
Contract 421,694
47 Installation of all electrical 2.15%
and mechanical auxiliary and
miscellaneous equipment and
systems, including all
switchyard equipment, complete 996,310
48 Achievement of Second Unit 0.91%
Delivery Date, in accordance
with the requirements of the
Contract 421,694
49 Final Acceptance in accordance 1.83%
with requirements of the
Contract 848,022
TOTALS 100.00% 46,340,000