Bid Document_33 KV Switchyard KLHEP

NOTICE INVITING BID

APGCL

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 the contract. 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 the form 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. of 24-02-12 Date of opening of Tender : At 13-30 Hrs. of 24-02-12

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

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Bid Document_33 KV Switchyard KLHEP

Notes:

APGCL

1. Bid shall be submitted in one part with Techno-Commercial terms & Price in one envelope super scribing (a) Tender No. (b) Name of the bidder with full address. 2. The bids should be submitted in the office of the Chief General Manager (G), APGCL, Bijulee Bhawan, 3th Floor, Paltanbazar, Guwahati 781001 and will be opened on the scheduled date in presence of the intending tenderers. If the opening date happens to be a holiday, next working day shall be the opening date. 3. The undersigned reserves the right to accept or reject any or all tenders without assigning any reason thereof and is not bound to accept the lowest tender. 4. The bidding documents are not transferable and cost of bidding document is not refundable under any circumstances.

Address for Communication: The Chief General Manager (Generation) Assam Power Generation Corporation Ltd. Bijulee Bhawan, 3rd Floor, Paltanbazar Guwahati - 781 001 (Assam) Phone/Fax: (0361) - 2739546 E-mail: cgm-g@apgcl.com

Chief General Manager (G) APGCL, Guwahati-1

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Bid Document_33 KV switchyard KLHEP

APGCL

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 THE BIDDERS: 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 competent authority& copy of which shall be furnished along with the bid. d. No store/T&P materials / vehicle shall be supplied departmentally for carrying out the work. e. The work shall be carried out as per specifications and under supervision of the concerned 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 after successful 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 engineer prior to start of work when/ where ever required.

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Bid Document_33 KV switchyard KLHEP

h. The contractor must take every precaution for safety of his

APGCL
workers.

Responsibility/ liability for any untoward accident shall remain with the contractor. i. Any statutory approval from competent authority required for successful commissioning 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 the Site 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 bidding documents by issuing addenda and shall be part of the bidding documents. 4.0 4.1 Time of Completion: 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 Quantities Bidders 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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Bid Document_33 KV switchyard KLHEP

APGCL

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 nonresponsive. 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 9.1 GUARANTEE & LIABILITIES 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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APGCL

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 of Indian 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 the payment 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 work pursuant 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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Bid Document_33 KV switchyard KLHEP 15.0

LIABILITY FOR ACCIDENTS AND DAMAGES:

APGCL

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) days notice 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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Bid Document_33 KV switchyard KLHEP 22.0

Enclosers:

APGCL

The bid shall be submitted in a sealed envelope strictly maintaining the page-serial from first page onwards as follows: a. b. c. Bid forwarding letter Earnest Money Copy of Electrical Contractor license, Electrical Supervisors Certificate of Competency and Workman Permit d. e. f. g. h. i. List of work done of 33 KV line and 33 KV Sub-Station/ switchyard Sales Tax Registration, if any. Sale Tax & Income Tax clearance certificate Copy of PAN Card Valid Labour License Acceptance of technical specification of materials provided in the Bid Document. Terms of Payment:

23.0

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 to submission 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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Bid Document_33 KV switchyard KLHEP

APGCL

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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Bid Document_33 KV switchyard KLHEP

APGCL

Annexure - I PRICE SCHEDULE NIT No. APGCL/CGM (G)/ Mintriang SHEP/Power Evacuation/11-12/1 of 2012 Name and full address of the Tenderer:

(All prices are in rupees only) Sl No Item Description Unit Qty Rate (Rs) Total price (4)x(5)= Total Excise Duty, any Total Sales Tax VAT@4% Freight& insurance Total Price of the Supply Items (6)+(7)+(8)+ (9)= (10)

if

(1) 1 2

4 5 6 7 8

(2) Excavation& CC works for structures& equipments Disc insulator 70KN (B&S) porcelain with fittings (Jaysree/ Aditya Birla insulation make) Pin insulator (porcelain) with GI pin(Jaysree/ Aditya Birla insulation make) AAAWolf conductor/ Tubular bus GI Nuts& Bolts with GI washer (assorted) MS Nuts& Bolts with MS washer (assorted) 33Kv LA line type (Oblum/LAMCO make) 33Kv isolator with earth switch and with GI mounting structure630A (Switchgears & structure India ltd make)

(3)

(4) LS 54

(5)

(6)

(7)

(8)

(9)

No

No

24

Mtr Kg Kg Set Set

65 100 100 4 2

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Bid Document_33 KV switchyard KLHEP

9 33Kv isolator without earth switch and with GI mounting structure 630A(Switchgears & structure India ltd make) 33 KV Out door Vacuum Circuit Breaker with GI mounting structure with locally operated panel 1250A (ABB/CGL/AREVA/Siemens make) 33 KV In door Vacuum Circuit Breaker with panel 1250A (ABB/CGL/AREVA/Siemens make) 33Kv CT with GI mounting structure and marshalling box- 400-200/1-1 (CGL make) 33Kv PT with GI mounting structure and marshalling box- 33000/110 (CGL make) 33Kv DO for PT H/W fitting for disc insulator (B&S), 70KN, tension type Tension clamp for AAA Wolf / Tubular bus GI channel 100x50x6mm 33Kv wave trap 33Kv CVT Set 4

APGCL

10

Set

11

Set

12

Set

13

Set

14 15 16 17 18 19 20 21

Set No No Mtr No No No

1 36 30 20 1 1 12

22

Aluminium Lugs(assorted) Civil Foundation a)PCC (1:2:4) for 33kv CT/PT/LA b) RCC foundation for VCB and Isolator Switchyard gravelling of 0.225 mtr. (thickness) by 40 mmsize crushed stone

LS Sq mtr 420

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Bid Document_33 KV switchyard KLHEP

23 Earth filling with river sand earth work in filling, levelling, compacting grading etc. and Retaining wall as per site condition and technical specification. Installation of earthing system with MS flate 50x10mm (for earthing mat) with G I flat riser 25x6mm (for earthing conductor )and GI pipe 50mm dia of length 3000mm ( for earth electrode) Construction of cable trenches size 1260x650mm for power cable in cluding supply of all materials and labour as per specification and drawing. Construction of cable trenches size 350x450mm for power cable in cluding supply of all materials and labour as per specification and drawing. 33Kv power cable (XLPE, 1-core, 240sq.mm Aluminium) LS

APGCL

24

LS

25

Mtr

100

26

Mtr

100

27

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 Tenderer:

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APGCL

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Bid Document_33 KV switchyard KLHEP

PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE (To be stamped in accordance with Stamp Act) Ref.. To Chief General Manager (Generation) Assam Power Generation Corporation Ltd. Bijulee Bhawan, Paltanbazar Guwahati-1

APGCL

Bank Guarantee No.. Date.

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 thereof include its successors, administrators and assigns) having awarded to M/s.with registered/ Head office at .( hereinafter referred to as Contractor which expression shall unless repugnant to the context or meaning thereof include its successors, administrators, executors and assigns), a Contract by issued of Owners Letter of Award No dated.. and the same having been acknowledged by the contractor, resulting in a contract bearing No.. dated contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to being(%) (percent *) of the said value Contract to the Owner. We.. (Name & Address) having its Head 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 any time 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 any difference between the Owner the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The bank undertakes not to revoke this guarantee during its currency without previous consent of the owner and further agrees that the guarantee herein contained shall continue to be enforceable till the owner discharges this guarantee. The Owner shall have the fullest liberty without affecting in any way the liability of the Bank under the guarantee, from time to time to extend the time for performance or the contract by 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 any matter, 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 or security 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 the part of the owner or any other indulgences shown by the owner or by any other matter or thing whatsoever which under law would , but for this provision have the effect of relieving the 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 the contractor and not withstanding any security or other guarantee the owner may have in relation to the Contractors liabilities.

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APGCL

Notwithstanding anything contained herein above our liability under this guarantee is restricted 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 may be 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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APGCL

PROFORMA OF EXTENSION OF BANK GUARANTEE Ref.. Date.

To Chief General Manager (Generation) Assam Power Generation Corporation Ltd. Bijulee Bhawan, Paltanbazar Guwahati-1 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 above mentioned Bank Guarantee Nodatedfor a further period of ( Years/ Months) from.. to expire on.. expect as provided 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 be attached.

Yours faithfully For Manager/ Agent/Accountant .. Power of attorney No Dated SEAL OF BANK Note: The non-judicial stamp paper of appropriate value shall be purchased in the name of the Bank who has issued the Bank Guarantee.

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APGCL

PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT (To be stamped in accordance with Stamp Act ) Ref.. Date. Chief General Manager (Generation) Assam Power Generation Corporation Ltd. Bijulee Bhawan, Paltanbazar Guwahati-1 Dear Sirs, In consideration of Assam Power Generation Corporation Ltd.(hereinafter referred to as the Owner, which expressions shall unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s hereinafter referred to as the Contractor which expression shall unless repugnant to the context or meaning thereof , include its successors, administrators, executors and assigns), a Contract by issue of Owners letter of Award No Datedand the same having been acknowledged by the contractors, resulting in a Contract bearing no. 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 Contractor for 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 the context or meaning thereof , include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the owner , immediately on demand any or, all monies payable by the contractor to the extent of ..as aforesaid at any time upto.. (a.) without any demur, reservation, contest, recourse or protest and/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 Owner and 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 Bank under 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 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 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 its obligations under this presents by any exercise by the owner of its liberty with reference to the matter aforesaid of any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the owner or any other indulgence shown by the owner or by any other matter or thing whatsoever which under law would be for this provision have the effect of relieving the 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 the Bank guarantee No

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APGCL

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

Not withstanding anything hereinabove our liability under this guarantee is limited to and 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) . (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. . (Signature) (Name)

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APGCL

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

This Agreement made this .. day of two thousand. Between Assam Power Generation Corporation Ltd. having its head office at Bijulee Bhawan, Paltanbazar, Guwahati-1 ( hereinafter referred to as Owner or APGCL, which expression shall include its 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 Specification No AND WHEREAS.X . Had participated in the above referred Bidding vide their proposal No. dated. And awarded the Contract to.. X.. on terms and conditions documents referred to therein which have been acknowledged by.X..resulting into a Contract

NOW THEREFORE THIS DEED WITNESS AS UNDER:1.0 Article 1.1 Award of Contract APGCL awarded the contract to..X for the work of on the terms and 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 are assigned to them in the Contract Documents referred to in this succeeding Article. 2.0 Documentation 2.1 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 so far 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 but not agreed to specially by the Owner in its Letter of Award shall be deemed to have been withdrawn b y the Contractor. For the sake of brevity, this agreement along with its aforesaid 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, Taxes wherever applicable, Insurance, Liquidated Damage, Performance Guarantees and all other terms 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 Schedule 3.3.1 Time is the essence of the Contract and schedules shall be strictly adhered to X shall perform the work in accordance with the agreed schedules. 3.4 Quality Plans 3.4.1 The Contractor is responsible for the proper execution of the Quality Plans mentioned in 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 of the Contractors /Sub-contractors works, systems and procedures and quality control activities. The Contractor further agrees that any change in the Quality Plan will be made only with the Owners approval. The contractor shall also perform all quality control activities, inspection and tests agreed with the Owner to demonstrate full compliance with the 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 its Subcontractors Quality Assurance Systems and Manufacturing Activities. It is expressly agreed to by the contractor that the quality test and inspection by the owner 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 X agrees 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 the Contract consideration, for convenience of operation and for payment of sale tax on supply portion, 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 any part 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 meet the ratings and performance parameters as stipulated in the technical specifications (Section 10) 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 Contract documents. The amount of liquidated damages so leviable shall be in accordance with the contract 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 the damages/compensation due to shortfall in the equipment performance figures as stated in Para 3.6 above or under any other clause of the agreement. The amount of damages/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 shall have the power to invoke it notwithstanding any dispute or difference between the owner and the contractor pending before any court tribunal, arbitrator or any other authority. 3.8 This Agreement constitutes full and complete understanding between the parties and terms of the payment. It shall supersede all prior correspondence terms and conditions contained 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 DiSPUTES 4.1 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 process of 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 Courts alone shall have exclusive jurisdiction over the same. 4.2 NOTICE OF DEFAULT Notice of default given by either party to the other under agreement shall be in writing and shall 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 due addressed to the signatories at the addresses mentioned at Guwahati. IN WITNESS WHEROF, the parties through their duly authorized representatives have executed 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 at Guwahati . WITNESS: 1. .. 2. 3. .. 4. ..

(Owners signature) (Printed Name) (Designation)(Companys Stamp) (Contractors Signature)(Companys Name) (Designation)(Companys Stamp)

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

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