Sp 33 Kv Switchyard

7/28/2019 Sp 33 Kv Switchyard

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Bid Document_33 KV Switchyard KLHEP APGCL

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NOTICE INVITING BID

No.APGCL/CGM (G)/ Mintriang SHEP/Power Evacuation/11-12/1 of 2012

The Chief General Manager (Generation), Assam Power Generation Corporation Ltd.,

Bijulee Bhawan, Guwahati-1 invites sealed tenders from experienced Contractor(s)/

Firm(s) having valid Electrical Contractor License, class I / II (HT-33 KV & above)

issued by the competent authority of the Govt. of Assam & subject to the Electrical

Supervisors Certificate of Competency and Workman Permit for the following work and

terms and conditions.

Name of the work:

Design, Engineering, Construction, Supply, installation, testing &

commissioning of a 33Kv switchyard at KLHEP on Turn key Basis.

Estimated cost: Rs.76.64Lacs

Completion period: 120(one hundred twenty) days from the date of award of thecontract.

Bid validity: 180 days from the date of submission of Bid.

Cost of Tender Paper for the Package: Rs.1000/-(Rupees one thousand only) in theform of A/C Payee Demand Draft/Bankers Cheque (non refundable) duly pledged in

favour of Dy. General Manager (F&A), APGCL, Guwahati-1.

Date of issue of Tender Paper : On all working days up to 2 PM w.e.f.06-02-12 to

15-02-12 from the office of the Chief General Manager (G), APGCL, Bijulee Bhawan 3th

Floor Guwahati-1.

Pre bid discussion : On 17-02-12 at 12-00am at KLHEP site

Date of submission of Tenders: Up to 13-00 Hrs. of24-02-12

Date of opening of Tender : At 13-30 Hrs. of24-02-12

Earnest Money: 2% of offered value in the shape of Bank Demand Draft/Bank Call

Deposit of any Nationalized Bank duly pledged in favour of the Dy. General

Manager(F&A), APGCL, payable at Guwahati.Any tender without Earnest Money will be

rejected outright.Intending Bidders may visit KLHEP site on any working day for their guidance insubmission of bid.

Details of the tender are available in APGCLs website: www.apgcl.org.


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Bid Document_33 KV switchyard KLHEP APGCL

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Assam Power Generation Corporation Limited

Office of the Chief General Manager (Gen), APGCL

1.0 GENERAL INFORMATION:

1.1 The 2x50 MW Karbi Langpi Hydro Electric Project is located at Lengery, 125 km(approx) south east of Guwahati in Karbi Anglong District of Assam, India. Daily to and

fro bus services from Guwahati to Lengry is available.The journey time is around

4(four) hours. Guest house and telecommunication facilities are available in the lengery

premises. Core banking facility through State Bank of India is available at Baithalangso

which is at distance of 6 km from the project.

2.0 INTENT OF THE SPECIFICATION:

APGCL has under taken construction of a small hydro electric power project namely

Mintriang SHEP St-I&II of total capacity of 13.5Mw. The project is located about 13Km

from KLHEP. The construction of the project is going on. The power generated from the

project shall be evacuated at 33Kv level by two 33Kv feeders. It is intended to connect

the two 33Kv feeders at KLHEP end by construction of a new 33Kv out door switchyard.

The new switchyard shall be connected to the existing indoor 33Kv system at KLHEP.

3.0 INSTRUCTIONS TO THEBIDDERS:3.1 General:

a. The work shall be executed on Turn key basis.b. The bidder must have sufficient experience in works of similar nature and

volume and must be authenticated by submission of valid documents.

c. The Contractor must possess any valid requisite License issued by competentauthority& copy of which shall be furnished along with the bid.

d. No store/T&P materials / vehicle shall be supplied departmentally for carryingout the work.

e. The work shall be carried out as per specifications and under supervision of theconcerned site engineer of KLHEP under the General Manager, KLHEP, APGCL.

Defective/ sub standard materials shall be replaced free of cost by the

contractor.

f. Final Acceptance/Taking Over of the work in writing shall be made aftersuccessful commissioning of the work including all operational checks and tests

required to determine and demonstrate capacity, efficiency.

g. The contractor shall take necessary clearances from the concerned site engineerprior to start of work when/ where ever required.


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h. The contractor must take every precaution for safety of his workers.Responsibility/ liability for any untoward accident shall remain with the

contractor.

i. Any statutory approval from competent authority required for successfulcommissioning of the work shall be obtained by the contractor at his own cost.

j. The Bidders, at their own responsibility and risk, are encouraged to examine theSite of Works and local conditions and obtain all information that may be

necessary before submission of Bids. The costs of visiting the Site shall be at the

Bidders own expense. APGCL shall not entertain any request for clarification

from Bidders regarding local conditions. No claim for financial adjustment to the

contract or any change in the time schedule of the contract arising out of above

will be entertained by APGCL.

k. Before the deadline for submission of bids, APGCL may modify the biddingdocuments by issuing addenda and shall be part of the bidding documents.

4.0 Time of Completion:4.1 The work is of urgent nature and time is the essence of the contract which the

intending bidders shall note for maintaining the time schedule. The time of

completion is 120 (one hundred twenty) days from the date of issue of the

work order.

5.0 PRICE:

The Bidder shall quote in the appropriate Price Schedule as per Annexure-I for

the entire Scope of Work (supply of materials and erection of materials including

testing and Commissioning etc).

The price must include all Taxes& duties, F&I and handling up to the work site,

service taxes etc.

Arithmetical errors will be rectified on the following basis: If there is a

discrepancy between the unit price and the total price that is obtained by

multiplying the unit price and quantity, the unit price shall prevail and total price

shall be corrected. If there is a discrepancy between words and figures, the

amount in words will prevail. If the Bidder does not accept the correction of the

errors as above, his bid will be rejected.

5.1 Bill of QuantitiesBidders are requested to note the following points:

The items mentioned in the Annexure-I shall only be used while preparing the

Price Schedule. Any item which is not specifically mentioned in Annexure- I but

required to complete the work as per Specification shall deem to be included in

any of the items of this Annexure. Addition, deletion or modification of these

items, while preparing the Price Bid by the Bidder, shall render his bid non


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responsive. However, bidder shall furnish a list of such additional items

separately.

The quantities are provisional in nature and for bidding purpose and for bid

comparison purpose only. Quantities may vary to the extent of (+) 5 % in terms

of total Contract Price.

5.2 Price Adjustment

All the prices are to be quoted on FIRM Price Basis

6.0 BID VALIDITY

Bids shall remain valid for a period not less than 180 days after the date of

opening of bid. A bid valid for a shorter period shall be rejected as non-

responsive.

7.0 AWARD OF CONTRACT

The Contract shall be awarded to the successful Bidder whose bid has been

determined to be substantially responsive and has been determined as the

lowest evaluated bid, provided further that the Bidder is determined to be

qualified to perform the Contract satisfactorily. APGCL shall be the sole judge in

this regard.

8.0 RIGHT TO ACCEPT ANY BID TO REJECT ANY OR ALL BIDS

APGCL reserves the right to accept or reject any bid and to cancel the bidding

process and reject all bids at any time prior to the award of Contract without

thereby incurring any liability to the affected Bidder or Bidders or any obligation

to inform the affected Bidder or Bidders of the grounds for the action.

9.0 GUARANTEE & LIABILITIES

9.1 The time and the date of completion of the contract as stipulated in the contract

without or with modifications, if any, and so incorporated in the letter of award,

shall be deemed to be the essence of the contract. The contractor shall so

organize his resources and perform his work as to complete it not later than the

date agreed to.

9.2 The contractor shall warrant that the materials will be new, unused and in

accordance with the contract documents and free from defects in material and

workmanship for a period of twelve(12) calendar months commencing

immediately upon satisfactory commissioning.

10.0 LIQUIDATED DAMAGE:

If the contractor fails to successfully complete the commissioning within the

time fixed under the contract, the contractor shall pay to APGCL as liquidated

damages 1% of the contract value per 7 days of delay in scheduled period. The

total amount of liquidated damages for delay under the contract will be

subjected to a maximum of 5% of the contract price.


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11.0 CONFORMITY WITH INDIAN ELECTRICITY RULES & OTHER LOCAL

REGULATIONS:

11.1 The contractor shall note that the work shall comply with the latest provisions ofIndian Electricity Rules and with any other regulations. Local authorities

concerned in the administration of the rules and regulation relating to such

works shall be consulted, if necessary, in regard to the rules and regulations

that may be applicable.

11.2 The Contractor shall also comply with the Minimum Wages Act 1948 and thepayment of Wages Act (both. of the Government of India and State of Assam)

and the rules made there under in respect of any employee or workman

employed or engaged by him or his Sub-Contractor.

11.3 All registration and statutory inspection fees, if any, in respect of his workpursuant to this Contract shall be to the account of the Contractor. However,

any registration, statutory inspection fees lawfully payable under the provisions

of the statutory laws and its amendments from time to time during erection in

respect of the Work, ultimately to be owned by the Employer, shall be to the

account of the Employer. Should any such inspection or registration need to be

re-arranged due to the fault of the Contractor or his Sub-Contractor, the

additional fees to such inspection and/or registration shall be borne by the

Contractor.

12.0 STORAGE& HANDLING:

The Contractor shall be responsible for making all necessary arrangements for

loading, unloading and other handling, right from his works up to the Site and

also till equipment is erected, tested and commissioned. He shall be solely

responsible for proper storage and safe custody of all equipments.

13.0 PROGRESS REPORTS/ BAR CHART ETC.:

The contractor shall develop his detailed programme of the scope of work

indicating clearly the time schedule and relative sequence of operation in the

form of PERT/CPM and submit in triplicate within ten days of issue of work

order. During the various stages of the Work, the Contractor shall submit

periodic progress reports as may be reasonably required by the site Engineer.

14.0 PERFORMANCE BANK GUARANTEE:

The Contractor shall furnish contract performance Bank guarantee(s) equivalent

to 10% of contract price for proper fulfillment of the Contract in the prescribed

form within fifteen (15) days of Notice of Award of Contract. The performance

guarantee (s) shall be as per terms prescribed in section Instruction to Bidder.


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15.0 LIABILITY FOR ACCIDENTS AND DAMAGES:

Under the Contract, the Contractor shall be responsible for loss or damage to

the plant until the successful completion of commissioning as defined elsewhere

in the Bidding Documents.

In case the Contractors performance is delayed due to any act of omission on

the part of APGCL, then the Contractor shall be given due extension of time for

the completion of the Works, to the extent of such omission that caused delay in

the Contractors performance of the Contract. Regarding reasonableness or

otherwise of the extension of time, the decision of APGCL shall be final.

16.0 FORCE MAJEURE

Any force-majeure causes which are beyond the control of the contractor or

APGCL as the case may be, the Contractor or APGCL shall not be liable for

delays in performing his obligations. The date of completion will be extended by

a reasonable time on mutual agreement.

17.0 SUSPENSION OF WORK

APGCL reserves the right to suspend and reinstate execution of the whole or any

part of the Works without invalidating the provisions of the Contract. Orders for

suspension or reinstatement of the Works will be issued by APGCL to the

Contractor in writing. The time for completion of the works will be extended for

a period of equal duration of the suspension.

18.0 TERMINATION OF CONTRACT

APGCL reserves the right to terminate the Contract either in part or in full due to

reasons as contractors default and shall in such an event give fifteen (15) daysnotice in writing to the Contractor of the decision to do so. The Contractor upon

receipt of such notice shall discontinue the work on the date and to the extent

specified in the notice.

19.0 ARBITRATION:

Any arbitration that may arise during execution of contract shall be made as per

relevant Act and venue shall be Guwahati.

20.0 SECURITY

The contractor shall have total responsibility for all equipment and materials in

his custody/stores, loose, semi-assembled and/or erected by him at Site. The

contractor shall make suitable security arrangements to ensure the protection of

all materials, equipment and works from theft, fire, pilferage and any, other

damages and loss.

21.0 MATERIALS HANDLING AND STORAGE

All the equipment furnished under the contract and arriving at Site shall be

promptly received, unloaded, transported and stored in the storage spaces by

the Contractor.


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22.0 Enclosers:

The bid shall be submitted in a sealed envelope strictly maintaining the

page-serial from first page onwards as follows:

a. Bid forwarding letter

b. Earnest Money

c. Copy of Electrical Contractor license, Electrical Supervisors Certificate of

Competency and Workman Permit

d. List of work done of 33 KV line and 33 KV Sub-Station/ switchyard

e. Sales Tax Registration, if any.

f. Sale Tax & Income Tax clearance certificate

g. Copy of PAN Card

h. Valid Labour License

i. Acceptance of technical specification of materials provided in the Bid Document.

23.0 Terms of Payment:

23.1 Material price component:

a) An initial advance of 5 % (five percent) of price of equipment/ materials

including of taxes& duties, freight and insurance charges shall be paid against

submission of Bank Guarantee for the equivalent amount, which shall be initially

kept valid till 30 days after the scheduled date for completion of supplies under

the contract.

b) An interim payment of 60% (sixty percent) of the price of equipment/ materials

including of taxes& duties, freight and insurance charges shall be paid

progressively on receipt of the materials in full and good condition at site

against certification of site Engineer.

c) The balance 35% (thirty five percent) of the price shall be paid after successful

completion of erection, testing and commissioning of all the equipments/

materials and issuance of taking over certificate subject to submission of

Performance Bank Guarantee of 10 % of contract price.

23.2 Erection/ commissioning price component:

The 100% (one hundred percent) of the erection price component including

labour charges, dismantling charges, supervision & other charges shall be paid

on completion of the entire testing and commissioning works subject tosubmission of Performance Bank Guarantee of 10 % of contract price to be valid

up to 90 days after the end of Guarantee Period as per clause-9.2.

24.0 Earnest Money Deposit:

The Tender must be accompanied with earnest money as mentioned in the NIT

to be deposited in the form of Bank Demand Draft/Bank Call Deposit/ of a

Nationalized Bank in favour of Assam Power Generation Corporation Limited,

Guwahati-1. The earnest money to the unsuccessful bidders will be released on


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finalization of the tender. Also, the earnest money to the successful bidder will

be released after successful completion of the work.

25.0 CONTRACT PERFORMANCE GUARANTEE

The successful bidder shall furnish a Contract Performance Guarantee as per

format in the form of Bank Guarantee issued by any Nationalized Bank. The

Guarantee amount shall be equal to ten percent (10%) of the Contract Price and

it shall guarantee the faithful performance of the contract. The Guarantee shall

be valid up to 90 days after the end of Guarantee Period as per clause-9.2.

26.0 QUALIFYING REQUIREMENTS FOR BIDDERS:

To be qualified, the bidder must meet the following minimum criteria.

i. Valid Electrical Contractor License Issued by competent authority (Chief

Electrical Inspector) minimum upto 33KV.

ii.Annual Turnover for last three financial year which should not be less than

Rs.50.0lacs.

iii. Balance sheet of pervious year certified by competent authority.

iv. Income Tax clearance for last three consecutive years.

v. Experience in works of a similar nature and volume with at least minimum

one 33Kv or above substation/ switchyard of ordered value not less than

Rs.50lacs during last three consecutive years, and details of works under way or

contractually committed; and clients who may be contacted for further

information on those contracts. Completion certificates from competent

authority must be submitted.

27.0 General:Any other terms and conditions not specially mentioned above shall be governed by the

General Condition of Supply and Erection (GCSE) of ASEB. However, the conditions laid

down above in this section shall substitute identical clauses of the GCSE, ASEB

CGM (G),APGCL, Ghy.-1


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Annexure - I

PRICE SCHEDULE

NIT No. APGCL/CGM (G)/ Mintriang SHEP/Power Evacuation/11-12/1 of Name and full address of the Tenderer:

(All prices are

SlNo

(1)

Item Description

(2)

Unit

(3)

Qty

(4)

Rate(Rs)

(5)

Total price(4)x(5)=

(6)

TotalExcise

Duty, ifany

(7)

TotalSales Ta

VAT@4

(8)

1 Excavation& CC works for structures&

equipments

LS

2 Disc insulator 70KN (B&S) porcelainwith fittings (Jaysree/ Aditya Birla

insulation make)

No 54

3 Pin insulator (porcelain) with GIpin(Jaysree/ Aditya Birla insulation

make)

No 24

4 AAAWolf conductor/ Tubular bus Mtr 65

5 GI Nuts& Bolts with GI washer(assorted)

Kg 100

6 MS Nuts& Bolts with MS washer

(assorted)

Kg 100

7 33Kv LA line type (Oblum/LAMCO

make)

Set 4

8 33Kv isolator with earth switch andwith GI mounting structure630A

(Switchgears & structure India ltdmake)

Set 2


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9 33Kv isolator without earth switch and

with GI mounting structure630A(Switchgears & structure India

ltd make)

Set 4

10 33 KV Out door Vacuum Circuit

Breaker with GI mounting structurewith locally operated panel 1250A

(ABB/CGL/AREVA/Siemens make)

Set 2

11 33 KV In door Vacuum Circuit Breakerwith panel 1250A

(ABB/CGL/AREVA/Siemens make)

Set 2

12 33Kv CT with GI mounting structureand marshalling box- 400-200/1-1

(CGL make)

Set 2

13 33Kv PT with GI mounting structureand marshalling box- 33000/110 (CGL

make)

Set 2

14 33Kv DO for PT Set 1

15 H/W fitting for disc insulator (B&S),70KN, tension type

No 36

16 Tension clamp for AAA Wolf /Tubular bus

No 30

17 GI channel 100x50x6mm Mtr 20

18 33Kv wave trap No 1

19 33Kv CVT No 1

20

Aluminium Lugs(assorted)

No 12

21 Civil Foundationa)PCC (1:2:4) for 33kv CT/PT/LA

b) RCC foundation for VCB andIsolator

LS

22 Switchyard gravelling of 0.225 mtr.

(thickness) by 40 mmsize crushedstone

Sq mtr 420


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23 Earth filling with river sand earth work

in filling, levelling, compacting gradingetc. and Retaining wall as per sitecondition and technical specification.

LS

24 Installation of earthing system with

MS flate 50x10mm (for earthing mat)with G I flat riser 25x6mm (for

earthing conductor )and GI pipe50mm dia of length 3000mm ( forearth electrode)

LS

25 Construction of cable trenches size1260x650mm for power cable including supply of all materials andlabour as per specification and

drawing.

Mtr 100

26 Construction of cable trenches size350x450mm for power cable in

cluding supply of all materials andlabour as per specification anddrawing.

Mtr 100

27 33Kv power cable (XLPE, 1-core,240sq.mm Aluminium)

Mtr 500

1. Total cost of materials (column-10) =

2. Erection& commissioning (E&C) charges (LS) =3. Service tax @10.3% on E&C charges =

Total contract price (Rs.)

(Rupees in words)

Signature of T


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PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE(To be stamped in accordance with Stamp Act)

Ref.. Bank Guarantee No..

Date.To

Chief General Manager (Generation)

Assam Power Generation Corporation Ltd.Bijulee Bhawan, PaltanbazarGuwahati-1

Dear Sirs,In consideration of Assam Power Generation Corporation Ltd., (herein after referred to as

the Owner which expression shall unless repugnant to the context or meaning thereofinclude its successors, administrators and assigns) having awarded to

M/s.with registered/ Head office at .( hereinafter referredto as Contractor which expression shall unless repugnant to the context or meaning

thereof include its successors, administrators, executors and assigns), a Contract by issuedof Owners Letter of Award No dated.. and the same having beenacknowledged by the contractor, resulting in a contract bearing No.. dated

contractor having agreed to provide a Contract Performance Guarantee for the faithfulperformance of the entire Contract equivalent to being(%) (percent *) of the saidvalue Contract to the Owner.

We.. (Name & Address) having itsHead Office at ( hereinafter referred to as the Bank , which expression shall,

unless repugnant to the context or meaning thereof, include its successors, administrators,executors and assigns) do hereby guarantee and undertake to pay the owner, on demand

any all monies payable by the contractor to be extent of . As aforesaid at anytime up to ..**( day/month/year) without any demur, reservation , contest ,recourse or protest and / or without any reference to this contractor. Any such demand

made by the owner on the bank shall be conclusive and binding notwithstanding anydifference between the Owner the Contractor or any dispute pending before any Court,Tribunal, Arbitrator or any other authority. The bank undertakes not to revoke thisguarantee during its currency without previous consent of the owner and further agrees

that the guarantee herein contained shall continue to be enforceable till the ownerdischarges this guarantee.

The Owner shall have the fullest liberty without affecting in any way the liability of the Bankunder the guarantee, from time to time to extend the time for performance or the contractby the contractor. The owner shall have the fullest liberty, without affecting this guarantee,to postpone from time to time the exercise of any power vested in them or of any right

which they might have against the contractor, and to exercise the same at any time in anymatter, and either to enforce or to for bear to enforce any covenants, contained or implied,in the contract between the owner and the contractor or any other course or remedy orsecurity available to the owner. The Bank shall not be released to its obligations under

these presents by any exercise by the owner of its liberty with reference to the matters

aforesaid or any of them or by reason of any other act of omission or commission on thepart of the owner or any other indulgences shown by the owner or by any other matter orthing whatsoever which under law would , but for this provision have the effect of relievingthe Bank.

The bank also agrees that the owner at its option shall be entitled to enforce this guarantee

against the Bank as a principal debtor, in the first instance without proceeding against thecontractor and not withstanding any security or other guarantee the owner may have inrelation to the Contractors liabilities.


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Notwithstanding anything contained herein above our liability under this guarantee isrestricted to . And it shall remain in force up to an including ..

and shall be extended from time to time for such period( not exceeding 1 year) as maybe desired.

M/s.on whose behalf this guarantee has been given.

Dated this. Day of .. 20 at

WITNESS.

(Signature) (Signature)

..(Name) ( Name)

.. ..

(Official address) (Official address)

Attorney as per power

Of Attorney No..Date..

Notes* This sum shall be 10%(Ten) of the Contract price.* The date will be 90( Ninety) days after the end of the gurantee Period as specified in the

contract.1. The stamp paper of appropriate value shall be purchased in the name of issuing bank.


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PROFORMA OF EXTENSION OF BANK GUARANTEE

Ref.. Date.

ToChief General Manager (Generation)


Dear Sirs,

Sub: Extension of Bank Guarantee No.. for Rs. Favouring yourselves, expiring on . On account of M/S.. in respect of contract

no. dated .. ( hereinafter called original Bank Guarantee).

At the request of M/s we bank, branch office at ..

and having its Head Office at . Do hereby extend our liability under the abovementioned Bank Guarantee Nodatedfor a further period of ( Years/ Months) from.. to expire on.. expect asprovided above, all other terms and conditions of the original Bank Guarantee

No. dated . Shall remain unaltered and binding .

Please treat this as an integral part of the original Bank Guarantee to which it would beattached.

Yours faithfully

ForManager/ Agent/Accountant ..Power of attorney No

DatedSEAL OF BANK

Note: The non-judicial stamp paper of appropriate value shall be purchased in the name ofthe Bank who has issued the Bank Guarantee.


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PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT(To be stamped in accordance with Stamp Act )

Ref.. Bank guarantee No

Date.

Chief General Manager (Generation)


Dear Sirs,

In consideration of Assam Power Generation Corporation Ltd.(hereinafter referred to as theOwner, which expressions shall unless repugnant to the context or meaning thereof

include its successors, administrators and assigns) having awarded to M/shereinafter referred to as the Contractor which expression shall unless repugnant to thecontext or meaning thereof , include its successors, administrators, executors and assigns),

a Contract by issue of Owners letter of Award No Datedand thesame having been acknowledged by the contractors, resulting in a Contract bearingno. Dated. Valued (at( in words and figures). For.Contract (space of work).. (hereinafter called the

Contract) and the Owner having agreed to make an advance payment to the Contractorfor performance of the above contract amounting (in words and

figures) as an advance against Bank Guarantee to be furnished by the Contractor.

We..( Name of the Bank) having its Head Office at.. (hereinafter referred to as the Bank, which expression shall, unless repugnant to thecontext or meaning thereof , include its successors, administrators, executors and assigns)

do hereby guarantee and undertake to pay the owner , immediately on demand any or, allmonies payable by the contractor to the extent of ..as aforesaid at any timeupto.. (a.) without any demur, reservation, contest, recourse or protestand/or without any reference to the contractor. Any such demand made by the Owner on

the Bank shall be conclusive and binding notwithstanding any difference between the Ownerand the Contractor or any dispute pending before any Court, Tribunal , Arbitrator or any

other authority. We agree that the guarantee herein contained shall be irrevocable and shall

continue to be enforceable till the owner discharge this guarantee.

The Owner shall have the fullest liberty without affecting in any way the liability of the Bankunder this guarantee, from time to time to vary the advance or to extent the time for

performance of the contract by the Contractor. The Owners shall have the fullest libertywithout affecting this guarantee, to postpone from time to time the exercise of any powervested in them or of any right which they might have against the Contractor and toexercise the same at any time in any manner, and either to enforce any covenants,

contained or implied, in the contact between the Owner and the Contractor or any other

course or remedy or security available to the Owner. The Bank shall not be released of itsobligations under this presents by any exercise by the owner of its liberty with reference tothe matter aforesaid of any of them or by reason of any other act or forbearance or otheracts of omission or commission on the part of the owner or any other indulgence shown bythe owner or by any other matter or thing whatsoever which under law would be for thisprovision have the effect of relieving the Bank.

The Bank also agrees that the Owner at its option shall be entitled to enforce this guaranteeagainst the Bank as a principal debtor, in the first instance without proceeding against the


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contractor and not withstanding any security or other guarantee that the owner may havein relation to the contractors liabilities.

Not withstanding anything hereinabove our liability under this guarantee is limited toand it shall remain in force upto an including .( @ and shall be extended from

time to time for such period ( not exceeding 1 year as may be desired by

M/s...dated this . Day of .. 20.At..

WITNESS..

.(Signature) (Signature)

.

(Name) (Name)

...

(Designation )

(Official Address) (With Bank Stamp)

Attorney as per Power of attorney No . Dated.

Strike whichever is not applicable

@ The date will be 90(ninety) days after the date of completion of the Contract.


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PROFORMA OF AGREEMENT(To be executed on non-Judicial stamp paper)

This Agreement made this .. day of two thousand. Between AssamPower Generation Corporation Ltd. having its head office at Bijulee Bhawan, Paltanbazar,

Guwahati-1 ( hereinafter referred to as Owner or APGCL, which expression shall includeits administrators, successors and assign on one part and (hereinafter referred to as the

Contractors X ( Name of the contracting Co.) which expression shall include its

administrators, successors, executors and permitted assigns) on the other part.

WHEREAS APGCL desirous of .. in . Circle associated with APGCL at.(District) invited Bids for.. .

(Briefly describe scope of works) for the project as per its Bid SpecificationNo

AND WHEREAS.X . Had participated in the above referredBidding vide their proposal No. dated. And awarded the Contractto.. X.. on terms and conditions documents referred to therein whichhave been acknowledged by.X..resulting into a Contract

NOW THEREFORE THIS DEED WITNESS AS UNDER:-1.0 Article

1.1 Award of ContractAPGCL awarded the contract to..X for the work of on the termsand conditions contained in its letter of Award No.. . Dated and the

documents referred to therein. The award has taken effect from aforesaid letter of award.The terms and expression used in this agreement shall have the same meaning as areassigned to them in the Contract Documents referred to in this succeedingArticle.

2.0 Documentation2.1 The contract shall be performed strictly as per the terms and condition stipulated herein

and in the following documents attached herewith( hereinafter referred to as Contract

Documents.)i) Section 1-11 of the Bidding Document.ii) Proposal Sheets, Data Sheets, Drawing work schedule submitted by X.

S APGCLs Letter of Award No.. dated.duly acknowledged by X.S Quality Plans for manufacturing and field activities entitled as Quality Plan.

All the aforesaid Contract Documents shall form an integral part of this agreement , in sofar as the same or any part conform to the bidding documents and what has been

specifically agreed to by the Owner in its letter of Award. Any matter inconsistent therewith,

contrary or repugnant thereto or any deviations taken by the Contractor in its Proposal butnot agreed to specially by the Owner in its Letter of Award shall be deemed to have beenwithdrawn b y the Contractor. For the sake of brevity, this agreement along with itsaforesaid Contract Documents shall be referred to as the Agreement.

3.0 Conditions & Covenants

3.1 The scope of Contract, Consideration, Terms of Payment, Price Adjustments, Taxeswherever applicable, Insurance, Liquidated Damage, Performance Guarantees and all otherterms and conditions are contained in APGCLs Letter of Award No...........

dated read in conjunction with other aforesaid contract documents. The contract


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shall be duly performed by the Contract Documents , but which are needed for successful,efficient, safe and reliable operation of the equipment unless otherwise specifically excluded

in the specification under exclusion or Letter of Award.3.2 The scope of work shall also include supply and installation of all such items which are

not specifically mentioned in the contract Documents, but which are needed for successful,efficient, safe and reliable operation of the equipment unless otherwise specifically excluded

in the specifications under exclusions or Letter of Award.

3.3 Time Schedule3.3.1 Time is the essence of the Contract and schedules shall be strictly adhered to Xshall perform the work in accordance with the agreed schedules.

3.4 Quality Plans3.4.1 The Contractor is responsible for the proper execution of the Quality Plans mentionedin Section 4.8 of GTC. The work beyond the customers hold points will progress only with

the owners consent. The Owner will also undertake quality surveillance and quality audit ofthe Contractors /Sub-contractors works, systems and procedures and quality control

activities. The Contractor further agrees that any change in the Quality Plan will be madeonly with the Owners approval. The contractor shall also perform all quality control

activities, inspection and tests agreed with the Owner to demonstrate full compliance withthe contract requirements.3.4.2 The contractor also agrees to provide the Owner with the necessary facilities for

carrying out inspection, quality audit and quality surveillance of contractors and itsSubcontractors Quality Assurance Systems and Manufacturing Activities.

It is expressly agreed to by the contractor that the quality test and inspection by theowner shall not in any way relief the contractor of its responsibilities for quality standards

and performance guarantee and their other obligations under the Agreement. 3.4.4 Xagrees to submit quality Assurance Documents to APGCL for review and record after

completion and within 3 weeks of dispatch of material.3.5 It is expressly agreed to by the Contractor that not withstanding the fact that the

Contract is termed as Supply-cum-Erection Contract or indicates the break-up of theContract consideration, for convenience of operation and for payment of sale tax on supplyportion, it is in fact one composite Contract on single source responsibility basis and the

Contractor is bound to perform the total Contract in its entirely and non-performance of anypart or portion of the Contract shall be deemed to be breach of the entire Contract.3.6 The Contractor guarantees that the equipment package under the Contract shall meetthe ratings and performance parameters as stipulated in the technical specifications

(Section10) and in the event of any deficiencies found in the requisite performance figures, the

Owner may at its option reject the equipment package or alternatively accept it on the

terms and conditions and subject to levy of the liquidated damages in terms of Contractdocuments. The amount of liquidated damages so leviable shall be in accordance with thecontract document and without any limitation.3.7 It is further agreed by the contractor that the contract performance guarantee shall in

no way be constructed to limit or restrict the owners equipment right to recover thedamages/compensation due to shortfall in the equipment performance figures as stated inPara 3.6 above or under any other clause of the agreement. The amount ofdamages/compensation shall be recoverable either by way of deduction from the contract

price, contract performance guarantee and or otherwise. The contract performance

guarantee furnished by the contractor is irrevocable and unconditional and the owner shallhave the power to invoke it notwithstanding any dispute or difference between the ownerand the contractor pending before any court tribunal, arbitrator or any other authority.3.8 This Agreement constitutes full and complete understanding between the parties andterms of the payment. It shall supersede all prior correspondence terms and conditionscontained in

the Agreement. Any modification of the agreement shall be effected only by a written

instrument signed by the authorized representative of both the parties.


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4.0 SETTLEMENT OF DiSPUTES4.1 It is specifically agreed between parties that all the differences or disputes arising out of

the agreement or touching the subject matter of the agreement shall be decided by processof settlement and Arbitration as specified in clause 41 of the General Condition of the

Contract and provision of the Indian Arbitration Act, 1996 shall apply. Guwahati Courtsalone shall have exclusive jurisdiction over the same.

4.2 NOTICE OF DEFAULTNotice of default given by either party to the other under agreement shall be in writing andshall be deemed to have been duly and properly served upon the parties hereto if delivered

against acknowledgement or by telex or by registered mail with acknowledgements dueaddressed to the signatories at the addresses mentioned at Guwahati.

IN WITNESS WHEROF, the parties through their duly authorized representatives haveexecuted these presents (execution where of has been approved by the competent

authorities of both the parties) on the day, month and year first above mentioned atGuwahati .

WITNESS:1. .. (Owners signature) (Printed Name)

2. (Designation)(Companys Stamp)3. .. (Contractors Signature)(Companys Name)4. .. (Designation)(Companys Stamp)

Applicable in case of single award is placed on one party on Supply-cum- Erectionbasis. In two separate awards are placed on single party/two different parties thisclause is to be modified suitably while signing the contract agreement to be signedseparately for two awards to incorporate cross fall breach clause.

Date post:	03-Apr-2018
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