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J P MUKHERJI & ASSOCIATES PVT LTD

TSFP SAMPLE FORMS AND PROCEDURES Section VII


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BID DOCUMENT FOR
POWER GENERATION PLANT

Notes to Bidders on the Sample Forms and Procedures

The Bidder shall complete and submit with its bid the Bid Form and Price Schedules, in
accordance with the requirements included in the bidding documents. These forms shall
be included un-amended for the Bidder to complete, sign and submit with the Bid.

The Bidder shall provide the Bid Security in the form included hereafter pursuant to the
provisions in the Instructions to Bidders.

The Form of Contract Agreement will be used un-amended, except for the need to
complete Article 1.1 (Contract Documents) and Article 3 (Effective Date), as appropriate.
The form shall also include the Appendixes listed, which would be completed according to
the instructions for their completion provided at the beginning of each Appendix. If
required, the Price Schedule deemed to form part of the Contract would be modified
according to any corrections or modifications to the accepted bid resulting from price
corrections, pursuant to the provisions of the Instructions to Bidders.

The Performance Security and Bank Guarantee for Advance Payment forms enclosed
should not be completed by the bidders at the time of their bid preparation. Only the
successful Bidder will be required to provide performance security and a bank guarantee
for advance payment, according to one of the forms indicated herein and pursuant to the
provisions of the General and Special Conditions of Contract, respectively.
J P MUKHERJI & ASSOCIATES PVT LTD

TSFP SAMPLE FORMS AND PROCEDURES Section VII


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BID DOCUMENT FOR
POWER GENERATION PLANT

Table of Sample Forms and Procedures

1. Bid Forms and Price Schedules ...................................................................................... 4


1.1 Bid Form.................................................................................................................... 4
1.2 Price Schedules ........................................................................................................ 8
Schedule No. 1 (a) : Plant, Equipment, and Mandatory Spare Parts Supplied
from Abroad ................................................................. 10
Schedule No. 2 (a): Plant, Equipment, and Mandatory Spare Parts Supplied
from Within the Employers Country............................. 14
Schedule No. 3 (a) Insurance on Sea & Inland Transport............................... 15
Schedule No. 4 (a) Sea Transportation........................................................... 16
Schedule No. 5 (a) Local Transportation......................................................... 17
Schedule No. 6 (a): Installation and other incidental services........................ 18
Schedule No. 7 (a): Grand Summary for MILLING OPTION - 1...................... 20
Schedule No. 8 (a): Recommended Spare Parts for MILLING OPTION - 1.... 21
Schedule No. 1 (b) : Plant, Equipment, and Mandatory Spare Parts Supplied
from Abroad ................................................................. 22
Schedule No. 2 (b): Plant, Equipment, and Mandatory Spare Parts Supplied
from Within the Employers Country............................. 26
Schedule No. 3 (b) Insurance on Sea & Inland Transport............................... 27
Schedule No. 4 (b) Sea Transportation........................................................... 28
Schedule No.5 (b) Local Transportation.......................................................... 29
Schedule No. 6 (b): Installation and other incidental services........................ 30
Schedule No. 7 (b): Grand Summary for DIFFUSER OPTION - 2 .................. 32
Schedule No. 8 (b): Recommended Spare Parts for DIFFUSER OPTION - 2 33
2. Bank Guarantee Form of Bid Security .......................................................................... 34
3. Form of Contract Agreement ......................................................................................... 36
Appendix 1. Terms and Procedures of Payment........................................................... 40
Appendix 2. Price Variation........................................................................................... 44
Appendix 4. Time Schedule .......................................................................................... 48
Appendix 5. List of Approved Subcontractors ............................................................... 50
Appendix 6. Scope of Works and Supply by the Employer ........................................... 51
Appendix 7. List of Documents for Approval or Review ................................................ 55
Appendix 8. Functional Guarantees .............................................................................. 57
4. Bank Guarantee Form for Performance Security ........................................................ 61
5. Bank Guarantee Form for Advance Payment............................................................... 64
6. Form of Completion Certificate ..................................................................................... 66
7. Form of Operational Acceptance Certificate................................................................ 67
8. Change Order Procedures ............................................................................................. 68
Annex 1. Request for Change Proposal........................................................................ 70
Annex 2. Estimate for Change Proposal ....................................................................... 72
Annex 3. Acceptance of Estimate ................................................................................. 74
Annex 4. Change Proposal ........................................................................................... 75
Annex 5. Change Order ................................................................................................ 78
J P MUKHERJI & ASSOCIATES PVT LTD

TSFP SAMPLE FORMS AND PROCEDURES Section VII


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BID DOCUMENT FOR
POWER GENERATION PLANT

Annex 6. Pending Agreement Change Order ............................................................... 79


Annex 7. Application for Change Proposal ................................................................... 80
J P MUKHERJI & ASSOCIATES PVT LTD

TSFP SAMPLE FORMS AND PROCEDURES Section VII


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BID DOCUMENT FOR
POWER GENERATION PLANT

1. Bid Forms and Price Schedules

1.1 Bid Form

Date:
BID No.:

CONTRACT FOR POWER GENERATION PLANT FOR


TENDAHO SUGAR FACTORY PROJECT

To:
Tendaho Sugar Factory Project (TSFP)
P. O. Box. 2574,
6th Floor, Bole Road,
Addis Ababa
Ethiopia.

Ladies and/or Gentlemen,

Having examined the bidding documents, including Addendum Nos. [insert numbers],
the receipt of which is hereby acknowledged, we, the undersigned, offer to design,
manufacture, test, deliver, install, pre-commission and commission the Facilities under the
above-named Contract in full conformity with the said bidding documents for the sum of:
(a) . ...[amount of foreign currency in
words ..], [amount in
figures..] & [amount of local currency in
words ..], [amount in
figures..] for Option -1, Milling Option
and / or
(b) ..[amount of local currency in words .
. ], [amount in figures..] &
[amount of Local currency in words
..], [amount in figures..] for
Option -2, Diffuser option or such other sums as may be determined in accordance with the
terms and conditions of the Contract. [ delete any inappropriate option if not selected ] The
above amounts are in accordance with the Price Schedules attached herewith and are made
part of this bid.

We undertake, if our bid is accepted, to commence the Facilities and to achieve Completion
within the respective times stated in the bidding documents.

If our bid is accepted, we undertake to provide an advance payment security and a


performance security in the form, in the amounts, and within the times specified in the
bidding documents.

We accept the appointment of Ethiopian Chamber of Commerce [name proposed in Bid


Data Sheet] as the Arbitrator.
J P MUKHERJI & ASSOCIATES PVT LTD

TSFP SAMPLE FORMS AND PROCEDURES Section VII


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BID DOCUMENT FOR
POWER GENERATION PLANT

We agree to abide by this bid, which consists of this letter and Attachments 1 through
..[number] hereto, for a period of One Hundred Twenty[ 120 ] days from the date fixed
for submission of bids as stipulated in the bidding documents, and it shall remain binding
upon us and may be accepted by you at any time before the expiration of that period.

Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and
to contract execution if we are awarded the contract, are listed below

Name and Amount and Purpose of


address of Currency Commission
agent or gratuity

(if none, state none).

Until a formal contract is prepared and executed between us, this bid, together with your
written acceptance thereof and your notification of award, shall constitute a binding contract
between us.

We understand that you are not bound to accept the lowest or any bid you may receive.

Dated this day of , 20

[signature]

In the capacity of
[position]

Duly authorized to sign this bid for and on behalf of


[name of Bidder]
J P MUKHERJI & ASSOCIATES PVT LTD

TSFP SAMPLE FORMS AND PROCEDURES Section VII


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BID DOCUMENT FOR
POWER GENERATION PLANT

ATTACHMENT TO BID FORM

Clause ITB 9.3 (a) to (g) Attachment 1: Bid Security


Submission of attachments with the Attachment 2: Power of Attorney
bid. Attachment 3: Bidders Eligibility and Qualification
Attachment 4: Eligibility & conformity of Facilities
Attachment 5: Subcontractors proposed by the
Bidder
Attachment 6: Deviations
Attachment 7: Alternative bids, if any

Clause ITB 9.3 (d) (ii) - Spares 20 Years


required for operation; number of
years following completion:

Clause ITB 13.1 - Amount of bid United States Dollars Fifty thousand only [US $
security : 50,000] or equivalent in freely convertible Foreign
Currency.

Clause ITB 14.1 - Bid validity period 120 days

Clauses ITB 15.1 & 19.2 Number of The number of copies of the Bid to be completed
copies of Bid and returned shall be ONE original plus FOUR
copies plus ONE electronic copy.

Clause ITB 25.3 (b)


Time schedule :
Time to complete the facilities from Time to complete the facilities from the effective
the effective date specified in Article 3 date specified in Article 3 of the Contract
of the Contract Agreement Agreement for determining time for completion of
pre-commissioning activities shall be as under.
The adjustment rate if completion is For POWER GENERATION PLANT Minimum 78
beyond the maximum period weeks and maximum 86 weeks. For the purposes
of bid evaluation Time to complete the facilities
will be considered as 78 weeks.
The adjustment rate in the event of completion
beyond the minimum period shall be 0.2 % for each
week of delay from that minimum period.
J P MUKHERJI & ASSOCIATES PVT LTD

TSFP SAMPLE FORMS AND PROCEDURES Section VII


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BID DOCUMENT FOR
POWER GENERATION PLANT

Clause ITB 25.3 (d) (i) Following are the desired performance for power
Functional guarantees generation plant

1. Power Generation

A - MILLING OPTION

Minimum Power production of 35.03 MW of power


with steam flow of 205 t/hr steam for each set,
while operating in Mode A as specified by the
employer

Or

The best possible power generation guaranteed by


the supplier at the given duty condition.

B - DIFFUSER OPTION

Minimum Power production of 35.43 MW of power


with steam flow of 214 t/hr steam for each set,
while operating in Mode A as specified by the
employer

Or

The best possible power generation guaranteed by


the supplier at the given duty condition.

2. Power Consumption:

Lowest of power consumed (within the battery


limits) amongst the bids received.

Clause ITB 25.3 (d) (ii) The following adjustment factors will be used for the
Functional guarantees- Power Generation Option:
Adjustment factor used for bid
evaluation. a) Addition of US $ 100,000 for each 100 kW
reduction in power output when compared to
specified power generation or prorated for less
than 100 kW of capacity indicated above, while
operating in Mode A.

b) Addition of US $ 5000 / 100 kW excess power


consumption when compared to the bid
received with lowest power consumption within
the battery limits.

Clause ITB 33 Ten percent (10%) of the contract price.


Amount of performance security:
J P MUKHERJI & ASSOCIATES PVT LTD

TSFP SAMPLE FORMS AND PROCEDURES Section VII


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BID DOCUMENT FOR
POWER GENERATION PLANT

1.2 Price Schedules

General

1. The Price Schedules are divided into separate Schedules as follows:

POWER GENERATION PLANT

Option 1 Milling Option

Schedule No. 1(a) Plant and Equipment (including Mandatory Spare Parts)
Supplied from Abroad
Schedule No. 2 (a) Plant and Equipment (including Mandatory Spare Parts)
Supplied from within the Employers Country
Schedule No. 3 (a) Insurance on Sea and Inland Transport
Schedule No. 4 (a) Sea Transportation
Schedule No. 5 (a) Inland Transportation
Schedule No. 6 (a) Installation and other incidental services
Schedule No. 7 (a) Grand Summary
Schedule No. 8 (a) Recommended Spare Parts

Option 2 Diffuser Option

Schedule No. 1(b) Plant and Equipment (including Mandatory Spare Parts)
Supplied from Abroad
Schedule No. 2 (b) Plant and Equipment (including Mandatory Spare Parts)
Supplied from within the Employers Country
Schedule No. 3 (b) Insurance on Sea and Inland Transport
Schedule No. 4 (b) Sea Transportation
Schedule No. 5 (b) Inland Transportation
Schedule No. 6 (b) Installation and other incidental services
Schedule No. 7 (b) Grand Summary
Schedule No. 8 (b) Recommended Spare Parts

2. The Schedules are one line specifications and do not generally give a full description of
the plant and equipment to be supplied and the services to be performed under each
item. Bidders shall be deemed to have read the Technical Specifications and other
sections of the bidding documents and reviewed the Drawings to ascertain the full
scope of the requirements included in each item prior to filling in the rates and prices.
The entered rates and prices shall be deemed to include for the full scope as aforesaid,
including overheads and profit.

3. If bidders are unclear or uncertain as to the scope of any item, they shall seek
clarification in accordance with the Instructions to Bidders in the bidding documents
prior to submitting their bid.
J P MUKHERJI & ASSOCIATES PVT LTD

TSFP SAMPLE FORMS AND PROCEDURES Section VII


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BID DOCUMENT FOR
POWER GENERATION PLANT

Pricing

4. Prices shall be filled in indelible ink and any alterations necessary due to errors, etc.,
shall be initialled by the Bidder.

As specified in the Bid Data Sheet and Special Conditions of Contract, prices shall be
fixed and firm for the duration of the Contract.

5. Bid prices shall be quoted in the manner indicated and in the currencies specified in
the Instructions to Bidders in the bidding documents.

For each item, bidders shall complete each appropriate column in the respective
Schedules, giving the price breakdown as indicated in the Schedules.

Prices given in the Schedules against each item shall be for the scope covered by that
item as detailed in the Technical Specifications, Drawings or elsewhere in the bidding
documents.

6. Where there are errors between the total of the amounts given under the column for
the price breakdown and the amount given under the Total Price, the former shall
prevail and the latter will be corrected accordingly.

Where there are errors between the total of the amounts of Schedule Nos. 1(a), 1 (b) to
6(a), 6(b) and the amount given in Schedule No. 7 (a), 7(b) (Grand Summary), the
former shall prevail and the latter will be corrected accordingly.

Where there are discrepancies between amounts stated in figures and amounts stated
in words, the amounts stated in words shall prevail.

7. Payments will be made to the Contractor in the currency or currencies indicated under
each respective item.

8. Items left blank will be deemed to have been included in other items. The TOTAL for
each Schedule and the TOTAL of the Grand Summary shall be deemed to be the total
price for executing the Facilities and sections thereof in complete accordance with the
Contract, whether or not each individual item has been priced.

9. When requested by the Employer for the purposes of making payments or part
payments, valuing variations or evaluating claims, or for such other purposes as the
Employer may reasonably require, the Contractor shall provide the Employer with a
breakdown of any composite or lump sum items included in the Schedules.
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Schedules of Rates and Prices FOR MILLING : OPTION-1


Schedule No. 1 (a) : Plant, Equipment, and Mandatory Spare Parts Supplied from Abroad
POWER GENERATION PLANT

Item/ Description Code1 Qty. Unit Price2 Total Price2


Equipment. EX FOB EX FOB
Code no Works Port of Works Port of
Shipment Shipment
(1) (2) (3) (1) x (2) (1) x (3)
Currency

2400 Power Generation Plant

2401-1 : 1.1 Steam Turbine Three


to 1.15 sets
2401-2 Speed reducing gear box Three
2401-3 : 3.1 Alternator and Exciter Three
to 3.3.10 sets
3.4 : 3.4.1 to Alternator Breaker Panel Lot
3.4.5
3.5 : 3.5.1 to Circuit Breakers Lot
3.5.9.3
3.6 : 3.6.1 to 110 V Battery charger and DC DB Lot
3.6.10
3.7 : 3.7.1 to 110 V 200 AH Battery Lot
3.7.10
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

3.8 : 3.8.1 to Electrical motors and Panels for Lot


3.8.3 Turbo Alternator, EOT Crane,
Cooling Tower and Compressor
comprising of Motors, Motor
Control Centre (MCC), HT/LT
Cables, Earthing, Drives, PB
Station, etc
3.9 : 3.9.1 to Low Voltage Cables Lot
3.9.3
3.10 Earthing Equipment Lot
3.11 Illumination Lot
3.12 Commissioning Spares Lot
3.13 Maintenance Spares Lot
3.14 Special tools and tackles Lot

2104 HP/LP Steam Piping


1.1 66 bar (a) Pressure steam Lot
1.2 8 bar (a) Pressure steam Lot
1.3 2.6 bar (a) Pressure steam Lot
1.4 0.14 bar (a) Pressure steam Lot
1.5 Piping, Valves and Fittings Lot
1.7 Hangers & Supports Lot
1.8 Valves Lot
1.11 Flanges & Fasteners Lot
1.12 Steam traps Lot
1.13 Gaskets Lot
1.17 Condensate Piping Lot
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

1.18 Thermal Insulation & Lagging Lot


1.19 Drain Water Piping Lot

1300 Steam Distribution Plant

1301 De-superheater for 8 bar (a) Three


steam

1302 De-superheater for 2.6 bar (a) Three


steam
One
2421: 1.1 EOT crane for Co-generation One
Power House
2421: 1.2 Spares for above Lot

1828 : 1.1 to Cooling Towers and Auxiliaries Lot


1.13

1829 : 1.1 to Cooling water pumps Lot


1.5

2423 : 1.1 to Compressor Air System for Turbo Lot


1.4.13 Alternator Units
2423 : Spares for above Lot
1.4.14

Total
Mandatory Spares
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Special tools and tackles


Grand Total

TOTAL (to Schedule No. 7 (a) Grand Summary)


Code Country
Name of Bidder ______________________

Signature of Bidder ______________________


1
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
2
Specify currency.
3
To detail where lot is indicated
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Schedule No. 2 (a): Plant, Equipment, and Mandatory Spare Parts Supplied from Within the Employers Country
for MILLING OPTION - 1
POWER GENERATION PLANT

[Bidder to indicate any of the equipment which it is supplying from Employers Country]

Item Description Qty. Unit Price1 Total Price1

EXW EXW
(1) (2) (1) x (2)
Currency

TOTAL (to Schedule No. 7 (a) Grand Summary)

Name of Bidder ______________________

Signature of Bidder ______________________

1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Schedule No. 3 (a) Insurance on Sea & Inland Transport


for MILLING OPTION - 1
POWER GENERATION PLANT

Item Description Qty. Unit Price1 Total Price1


Foreign Local Foreign Local
(1) (2) (3) (1) x (2) (1) x (3)
Currency Birr Birr

1 Insurance costs for Plant & Machinery


Sea Transportation [ Bidder to provide
split up prices]

2 Insurance costs for Plant & Machinery


Inland Transportation [ Bidder to provide
split up prices]

Total Carried to Schedule no 7 (a)

Name of Bidder ______________________


Signature of Bidder ______________________
1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Schedule No. 4 (a) Sea Transportation


for MILLING OPTION - 1
POWER GENERATION PLANT

Item Description Qty. Unit Price1 Total Price1


Foreign Local Foreign Local
(1) (2) (3) (1) x (2) (1) x (3)
Currency Birr Birr

[ Bidder to provide split up prices]

1
2
3
4
5

Total Carried to Schedule no 7 (a)

Name of Bidder ______________________

Signature of Bidder ______________________


1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Schedule No. 5 (a) Local Transportation


for MILLING OPTION - 1
POWER GENERATION PLANT

Item Description Qty. Total Price1


Local Local
(1) (2) (1) x (2)
Currency Birr Birr

Total Carried to Schedule no7 (a)

Name of Bidder ______________________

Signature of Bidder ______________________


1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Schedule No. 6 (a): Installation and other incidental services


for MILLING OPTION - 1
POWER GENERATION PLANT

Item Description Qty. Unit Price1 Total Price1


Foreign Local Foreign Local
(1) (2) (3) (1) x (2) (1) x (3)
Currency

1 Insurance costs for insurance other than


Plant & Machinery Supply

A) Installation all risk insurance


B) Third party liability insurance
C) Automobile Liability Insurance
D) Workers Compensation
E) Employers Liability
F) Other Insurances

2 Services for Erection, Installation


commissioning and performance trials of
Mechanical, Electrical and
instrumentation equipment and systems.

[This services to include prices of all


labour, Contractors equipment,
temporary works, materials and
consumables and all matter and things of
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Item Description Qty. Unit Price1 Total Price1


Foreign Local Foreign Local
(1) (2) (3) (1) x (2) (1) x (3)
Currency

whatsoever nature including grouting


material, taxes, duties levies and charges
payable in Federal Democratic Republic
of Ethiopia including operation and
maintenance services, materials used for
erection works, provision of operation and
maintenance manual, etc]

3 Training Services

TOTAL (to Schedule No.7 (a) Grand Summary)

Name of Bidder ______________________

Signature of Bidder ______________________

1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (c)
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Schedule No. 7 (a): Grand Summary for MILLING OPTION - 1


POWER GENERATION PLANT

Schedule Description Total Price1


Foreign Local
Currency

Schedule No. 1(a) Plant, Equipment, and Mandatory Spare Parts Supplied from Abroad (from
schedule 1(a)

Schedule No. 2 (a) Plant, Equipment, and Mandatory Spare Parts Supplied from Within the Employers
Country (from schedule 2 a)

Schedule No. 3 (a) Insurance for Ocean and Local transportation (from schedule 3 a)

Schedule No. 4 (a) Ocean Transportation (from schedule 4 a)

Schedule No. 5 (a) Local Transportation (from schedule 5 a)

Schedule No. 6 a) Installation and Other Incidental Services (from schedule 6 a)


TOTAL (to Bid Form) MILLING OPTION - 1

Name of Bidder ______________________

Signature of Bidder ______________________

1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1.
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Schedule No. 8 (a): Recommended Spare Parts for MILLING OPTION - 1


POWER GENERATION PLANT

Item/ Description Co Qty. Unit Price Total Price


Equipt de1 Ex- FOB Insurance Transportation split EX- FOB Insur Transportation Total in FC Total in LC
Code \works in Port of in Local prices leading to DDU Works Port of ance split prices leading
no. Foreign Shipment Currency Tendaho Site in in Shipment in to DDU Tendaho
currency in Foreign Foreign / Local Foreign in Foreign Local Site in Foreign /
(1) 2
currency2 (3) currency currency currency2 Curre Local currency3
2
(2 b) (4) (1) x (2b) ncy
(2 a) Ocean Local (1) x (2a) Ocean Local
freight in transport (3) freight transport
FC / LC from port in FC / from port
of LC of
loading loading
(4 a) to to factory
factory site in
site in LC3
LC
4(b)

Grand Total

TOTAL
Code Country
Name of Bidder ______________________

Signature of Bidder ___________________


1
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
2
Specify currency.
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

Schedules of Rates and Prices FOR DIFFUSER OPTION-2


Schedule No. 1 (b) : Plant, Equipment, and Mandatory Spare Parts Supplied from Abroad
POWER GENERATION PLANT

Item/ Description Code1 Qty. Unit Price2 Total Price2


Equipment. EX FOB EX FOB
Code no Works Port of Works Port of
Shipment Shipment
(1) (2) (3) (1) x (2) (1) x (3)
Currency

2400 Power Generation Plant

2401-1 : 1.1 Steam Turbine Three


to 1.15 sets
2401-2 Speed reducing gear box Three
2401-3 : 3.1 Alternator and Exciter Three
to 3.3.10 sets
3.4 : 3.4.1 to Alternator Breaker Panel Lot
3.4.5
3.5 : 3.5.1 to Circuit Breakers Lot
3.5.9.3
3.6 : 3.6.1 to 110 V Battery charger and DC DB Lot
3.6.10
3.7 : 3.7.1 to 110 V 200 AH Battery Lot
3.7.10
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
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BID DOCUMENT FOR
POWER GENERATION PLANT

3.8 : 3.8.1 to Electrical motors and Panels for Lot


3.8.3 Turbo Alternator, EOT Crane,
Cooling Tower and Compressor
comprising of Motors, Motor
Control Centre (MCC), HT/LT
Cables, Earthing, Drives, PB
Station, etc
3.9 : 3.9.1 to Low Voltage Cables Lot
3.9.3
3.10 Earthing Equipment Lot
3.11 Illumination Lot
3.12 Commissioning Spares Lot
3.13 Maintenance Spares Lot
3.14 Special tools and tackles Lot

2104 HP/LP Steam Piping


1.1 66 bar (a) Pressure steam Lot
1.2 8 bar (a) Pressure steam Lot
1.3 2.6 bar (a) Pressure steam Lot
1.4 0.14 bar (a) Pressure steam Lot
1.5 Piping, Valves and Fittings Lot
1.7 Hangers & Supports Lot
1.8 Valves Lot
1.11 Flanges & Fasteners Lot
1.12 Steam traps Lot
1.13 Gaskets Lot
1.17 Condensate Piping Lot
J P MUKHERJI & ASSOCIATES PVT LTD

Tendaho Sugar Factory Project SAMPLE FORMS AND PROCEDURES Section VII
Page - 24 / 80
BID DOCUMENT FOR
POWER GENERATION PLANT

1.18 Thermal Insulation & Lagging Lot


1.19 Drain Water Piping Lot

1300 Steam Distribution Plant

1301 De-superheater for 8 bar (a) Three


steam

1302 De-superheater for 2.6 bar (a) Three


steam
One
2421: 1.1 EOT crane for Co-generation One
Power House
2421: 1.2 Spares for above Lot

1828 : 1.1 to Cooling Towers and Auxiliaries Lot


1.13

1829 : 1.1 to Cooling water pumps Lot


1.5

2423 : 1.1 to Compressor Air System for Turbo Lot


1.4.13 Alternator Units
2423 : Spares for above Lot
1.4.14

Total
Mandatory Spares
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Special tools and tackles


Grand Total

TOTAL (to Schedule No. 7 (b) Grand Summary)


Code Country
Name of Bidder ______________________

Signature of Bidder ______________________


1
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
2
Specify currency.
3
To detail where lot is indicated
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Schedule No. 2 (b): Plant, Equipment, and Mandatory Spare Parts Supplied from Within the Employers Country
for DIFFUSER OPTION - 2
POWER GENERATION PLANT

[Bidder to indicate any of the equipment which it is supplying from Employers Country]

Item Description Qty. Unit Price1 Total Price1

EXW EXW
(1) (2) (1) x (2)
Currency

TOTAL (to Schedule No. 7 (b) Grand Summary)

Name of Bidder ______________________

Signature of Bidder ______________________

1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
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Schedule No. 3 (b) Insurance on Sea & Inland Transport


for DIFFUSER OPTION - 2
POWER GENERATION PLANT

Item Description Qty. Unit Price1 Total Price1


Foreign Local Foreign Local
(1) (2) (3) (1) x (2) (1) x (3)
Currency Birr Birr

1 Insurance costs for Plant & Machinery


Sea Transportation [ Bidder to provide
split up prices]

2 Insurance costs for Plant & Machinery


Inland Transportation [ Bidder to provide
split up prices]

Total Carried to Schedule no 7 (b)

Name of Bidder ______________________

Signature of Bidder ______________________


1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
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Schedule No. 4 (b) Sea Transportation


for DIFFUSER OPTION - 2
POWER GENERATION PLANT

Item Description Qty. Unit Price1 Total Price1


Foreign Local Foreign Local
(1) (2) (3) (1) x (2) (1) x (3)
Currency Birr Birr

[ Bidder to provide split up prices]

1
2
3
4
5

Total Carried to Schedule no 7 (b)

Name of Bidder ______________________

Signature of Bidder ______________________


1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
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Schedule No.5 (b) Local Transportation


for DIFFUSER OPTION - 2
POWER GENERATION PLANT

Item Description Qty. Total Price1


Local Local
(1) (2) (1) x (2)
Currency Birr Birr

Total Carried to Schedule no7 (b)

Name of Bidder ______________________

Signature of Bidder ______________________


1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).
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Schedule No. 6 (b): Installation and other incidental services


for DIFFUSER OPTION - 2
POWER GENERATION PLANT

Item Description Qty. Unit Price1 Total Price1


Foreign Local Foreign Local
(1) (2) (3) (1) x (2) (1) x (3)
Currency

1 Insurance costs for insurance other than


Plant & Machinery Supply

A) Installation all risk insurance


B) Third party liability insurance
C) Automobile Liability Insurance
D) Workers Compensation
E) Employers Liability
F) Other Insurances

2 Services for Erection, Installation


commissioning and performance trials of
Mechanical, Electrical and
instrumentation equipment and systems.

[This services to include prices of all


labour, Contractors equipment,
temporary works, materials and
consumables and all matter and things of
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Item Description Qty. Unit Price1 Total Price1


Foreign Local Foreign Local
(1) (2) (3) (1) x (2) (1) x (3)
Currency

whatsoever nature including grouting


material, taxes, duties levies and charges
payable in Federal Democratic Republic
of Ethiopia including operation and
maintenance services, materials used for
erection works, provision of operation and
maintenance manual, etc]

3 Training Services

TOTAL (to Schedule No.7 (b) Grand Summary)

Name of Bidder ______________________

Signature of Bidder ______________________

1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (c)
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Schedule No. 7 (b): Grand Summary for DIFFUSER OPTION - 2


POWER GENERATION PLANT

Schedule Description Total Price1


Foreign Local
Currency

Schedule No. 1(b) Plant, Equipment, and Mandatory Spare Parts Supplied from Abroad (from
schedule 1(b)

Schedule No. 2 (b) Plant, Equipment, and Mandatory Spare Parts Supplied from Within the Employers
Country (from schedule 2 b)

Schedule No. 3 (b) Insurance for Ocean and Local transportation (from schedule 3 b)

Schedule No. 4 (b) Ocean Transportation (from schedule 4 b)

Schedule No. 5 (b) Local Transportation (from schedule 5 a)

Schedule No. 6 (b) Installation and Other Incidental Services (from schedule 6 b)
TOTAL (to Bid Form) DIFFUSER OPTION - 2

Name of Bidder ______________________

Signature of Bidder ______________________

1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1.
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Schedule No. 8 (b): Recommended Spare Parts for DIFFUSER OPTION - 2


POWER GENERATION PLANT

Item/ Description Co Qty. Unit Price Total Price


Equipt de1 Ex- FOB Insurance Transportation split EX- FOB Insur Transportation Total in FC Total in LC
. Code \works in Port of in Local prices leading to DDU Works Port of ance split prices leading
no. Foreign Shipment Currency Tendaho Site in in Shipment in to DDU Tendaho
currency in Foreign Foreign / Local Foreign in Foreign Local Site in Foreign /
(1) 2
currency2 (3) currency currency currency2 Curre Local currency3
2
(2 b) (4) (1) x (2b) ncy
(2 a) Ocean Local (1) x (2a) Ocean Local
freight in transport (3) freight transport
FC / LC from port in FC / from port
of LC of
loading loading
(4 a) to to factory
factory site in
site in LC3
LC
4(b)

Grand Total

TOTAL
Code Country
Name of Bidder ______________________

Signature of Bidder ___________________


1
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
2
Specify currency.
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2. Bank Guarantee Form of Bid Security

________________________________
[Banks Name, and Address of Issuing Branch or Office]

Beneficiary:

Tendaho Sugar Factory Project (TSFP)


P. O. Box. 2574,
6th Floor, Bole Road,
Addis Ababa
Ethiopia.

Date: ________________

BID GUARANTEE No.: _________________

We have been informed that.. [name of the Bidder] (hereinafter


called "the Bidder") has submitted to you its bid dated (hereinafter called "the
Bid") for the execution of Contract for Procurement and Installation of POWER
GENERATION PLANT for Tendaho Sugar Factory Project under Invitation for Bids No.
.. [Bid number] (the IFB).

Furthermore, we understand that, according to your conditions, bids must be supported by a


bid guarantee.

At the request of the Bidder, we [name of Bank] hereby irrevocably undertake to


pay you any sum or sums not exceeding in total an amount of US $ 50,000 [United states
Dollars Fifty Thousand only ] upon receipt by us of your first demand in writing accompanied
by a written statement stating that the Bidder is in breach of its obligation(s) under the bid
conditions, because the Bidder:

(a) has withdrawn its Bid during the period of bid validity specified by the
Bidder in the Form of Bid; or

(b) does not accept the correction of errors in accordance with the
Instructions to Bidders (hereinafter the ITB) of the IFB; or
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(c) having been notified of the acceptance of its Bid by the Employer during the
period of bid validity, (i) fails or refuses to execute the Contract Form, if
required, or (ii) fails or refuses to furnish the performance security, in
accordance with the ITB.

This guarantee will expire: (a) if the Bidder is the successful bidder, upon our receipt of
copies of the contract signed by the Bidder and the performance security issued to you upon
the instruction of the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier
of (i) our receipt of a copy of your notification to the Bidder of the name of the successful
bidder; or (ii) twenty-eight days after the expiration of the Bidders Bid.

Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.

_____________________________
[signature(s)]
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3. Form of Contract Agreement

THIS CONTRACT AGREEMENT is made the ____ day of_____________, 20__.

BETWEEN

Tendaho Sugar Factory Project, a company incorporated under the laws of Federal
Democratic Republic of Ethiopia and having its principal place of business at P. O. Box.
2574, 6th Floor, Bole Road, Addis Ababa, Ethiopia, (hereinafter called the Employer), and
(2) [name of Contractor] .. .. a corporation incorporated
under the laws of .. . [country of Contractor] and having its principal
place of business at . ..[address of Contractor] (hereinafter called the
Contractor).

WHEREAS the Employer desires to engage the Contractor to design, manufacture, test,
deliver, install, complete and commission certain Facilities, viz. POWER GENERATION
PLANT (the Facilities) and the Contractor have agreed to such engagement upon and
subject to the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

Article 1. 1.1 Contract Documents (Reference GCC Clause 2)


Contract
Documents The following documents shall constitute the Contract between
the Employer and the Contractor, and each shall be read and
construed as an integral part of the Contract:

(a) This Contract Agreement and the Appendixes hereto


(b) Bid and Price Schedules submitted by the Contractor
(c) Special Conditions of Contract
(d) General Conditions of Contract
(e) Technical Specifications which includes General Technical
Conditions, Detailed Technical Specifications, Technical
Schedules, Terminal points & exclusions, Performance
parameters and drawings
(f) Procedures (as listed)
(g) [Any other documents shall be added here]

1.2 Order of Precedence (Reference GCC Clause 2)

In the event of any ambiguity or conflict between the Contract


Documents listed above, the order of precedence shall be the
order in which the Contract Documents are listed in Article 1.1
(Contract Documents) above.
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1.3 Definitions (Reference GCC Clause 1)

Capitalized words and phrases used herein shall have the same
meanings as are ascribed to them in the General Conditions of
Contract.

Article 2. 2.1 Contract Price (Reference GCC Clause 11)


Contract Price
and Terms of The Employer hereby agrees to pay to the Contractor the
Payment Contract Price in consideration of the performance by the
Contractor of its obligations hereunder. The Contract Price shall
be the aggregate of:
[amount of foreign currency in words],
..[amount in figures] and
[amount of Local
currency in words], ..[amount in figures] as
specified in Price Schedule No. 7 (Grand Summary), or such
other sums as may be determined in accordance with the terms
and conditions of the Contract.

2.2 Terms of Payment (Reference GCC Clause 12)

The terms and procedures of payment according to which the


Employer will reimburse the Contractor are given in the
corresponding Appendix (Terms and Procedures of Payment)
hereto.

The Employer shall instruct its bank to issue an irrevocable


confirmed documentary credit made available to the Contractor
in a bank in the country of the Contractor. The credit shall be for
an amount of [to insert an amount equal to the
total named in Schedule 1 less the advance payment to be
made for Plant and Equipment supplied from abroad]; and shall
be subject to the Uniform Customs and Practice for
Documentary Credits 1993 Revision, ICC Publication No. 500.

In the event that the amount payable under Schedule No. 1 is


adjusted in accordance with GCC 11.2 or with any of the other
terms of the Contract, the Employer shall arrange for the
documentary credit to be amended accordingly.

[Similar provision for the payment of the items listed in Schedule


2 if the bid offer includes supplies from within the Employers
country and for other payments listed in Schedules 3,4,5 &6 can
be inserted here at the time of Contract ]
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Article 3. 3.1 Effective Date (Reference GCC Clause 1)


Effective Date for
Determining Time The Time of Completion of the Facilities shall be determined
for Completion from the date when all of the following conditions have been
fulfilled:

(a) This Contract Agreement has been duly executed for and
on behalf of the Employer and the Contractor;

(b) The Contractor has submitted to the Employer the


performance security and the advance payment
guarantee;

(c) The Employer has paid the Contractor the advance


payment

(d) The Contractor has been advised that the documentary


credit referred to in Article 2.2 above has been issued in
its favour.

Each party shall use its best efforts to fulfil the above conditions
for which it is responsible as soon as practicable.

3.2 If the conditions listed under 3.1 are not fulfilled within two (2)
months from the date of this Contract notification because of
reasons not attributable to the Contractor, the parties shall
discuss and agree on an equitable adjustment to the Contract
Price and the Time for Completion and/or other relevant
conditions of the Contract.

Article 4. 4.1 The Appendixes listed in the attached List of Appendixes shall
Appendixes be deemed to form an integral part of this Contract Agreement.

4.2 Reference in the Contract to any Appendix shall mean the


Appendixes attached hereto, and the Contract shall be read and
construed accordingly.

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to
be duly executed by their duly authorized representatives the day and year first above
written.

Signed by, for and on behalf of the Employer

[Signature]
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[Title]

in the presence of

Signed by, for and on behalf of the Contractor

[Signature]

[Title]

in the presence of

APPENDIXES

Appendix 1 Terms and Procedures of Payment


Appendix 2 Price Variation
Appendix 3 Insurance Requirements
Appendix 4 Time Schedule
Appendix 5 List of Approved Subcontractors
Appendix 6 Scope of Works and Supply by the Employer
Appendix 7 List of Documents for Approval or Review
Appendix 8 Functional Guarantees
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Appendix 1. Terms and Procedures of Payment

In accordance with the provisions of GCC Clause 12 (Terms of Payment), the Employer
shall pay the Contractor in the following manner and at the following times, on the basis of
the Price Breakdown given in the section on Price Schedules. Payments will be made in the
currencies quoted by the Bidder unless otherwise agreed between the parties. Applications
for payment in respect of part deliveries may be made by the Contractor as work proceeds.

TERMS OF PAYMENT

Schedule No. 1. Plant and Equipment Supplied from Abroad

In respect of plant and equipment supplied from abroad, the following payments shall be
made:

Ten percent (10%) of the total FOB amount as an advance payment against receipt of
invoice and an irrevocable advance payment security for the equivalent amount made out in
favour of the Employer. The advance payment security may be reduced in proportion to the
value of the plant and equipment shipped FOB or delivered to the site, as evidenced by
shipping and delivery documents.

Eighty percent (80%) of the total or pro rata FOB amount upon Incoterm FOB within forty-
five (45) days after receipt of invoice and shipping documents. In the event that shipping is
delayed upon the written instruction of the Employer for more than twenty-eight (28) days
beyond the date shown in the Program of Performance provided in accordance with GCC
Sub-Clause 18.2, the Contractor may make application for this part of the payment against
warehouse receipts, provided always that the plant and equipment are ready for shipment on
the date shown in the said Program.

Ten percent (10%) of the total FOB amount upon issue of the Operational Acceptance
Certificate, within forty-five (45) days after receipt of invoice or if there is no acceptance , a
certificate signed by Employer confirming that the Contractor issues a Bank Guarantee for
equivalent amount.

Schedule No. 2. Plant and Equipment Supplied from within the Employers Country

In respect of plant and equipment supplied from within the Employers country, the following
payments shall be made:

Ten percent (10%) of the total Ex-works amount in local currency as an advance payment
against receipt of invoice, and an irrevocable advance payment security for the equivalent
amount made out in favour of the Employer. The advance payment security may be reduced
in proportion to the value of the plant and equipment delivered to the site, as evidenced by
shipping and delivery documents.

Eighty percent (80%) of the total or pro rata DDU amount upon Incoterm Ex-Works, upon
delivery to the site within forty-five (45) days after receipt of invoice.
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Ten percent (10%) of the total or pro rata Ex-works amount upon issue of the Operational
Acceptance Certificate, within forty-five (45) days after receipt of invoice.

Schedule No. 3. Insurance on Sea and Inland Transport

One hundred percent (100%) of the insurance amount indicated in the schedule of prices
in local currency

Schedule no 4. Sea Transportation

Bidders should note that shipping of goods should be by Ethiopian Shipping lines
WHEREVER AVAILABLE/OPERATING and only in other shipping lines where such facilities
are not available. Bidder should classify his cargo and submit his bid/ bid price according to
proposed port of shipment/ and availability of Ethiopian shipping lines.

Where Ethiopian Shipping Lines do not ply to Port of Shipping

- Interest free advance payment equal to twenty percent (20%) of the amount
in the schedules of prices for the transportation (sea) of the plant against a
bank guarantee.

- Eighty percent (80%) of the amount in the schedule of prices for sea
transportation upon delivery of the plant at port of landing, following the
presentation of any valid documentation proving receipt of Plant at Port of
landing . Bank guarantee shall be released upon the presentation of any valid
documentation proving receipt of Plant at Port of landing

Where Ethiopian Shipping Lines ply to Port of Shipping

- No advance payment will be made.

- Hundred percent (100%) of the amount in the schedule of prices for sea
transportation upon delivery of the plant at port of landing, following the
presentation of any valid documentation proving receipt of Plant at Port of
landing .

Schedule no 5. Inland Transportation

- No advance payment will be made.

- Hundred percent (100%) of the amount in the schedule of prices for Inland
transportation from Port of Djibouti & upon delivery of the plant at Project site
at Tendaho, following the presentation of any valid documentation proving
provisional acceptance of plant at site of erection.
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Schedule No. 6. Installation and other incidental Services

In respect of installation services for both the foreign and local currency portions, the
following payments shall be made:
Ten percent (10%) of the total installation services amount as an advance payment against
receipt of invoice, and an irrevocable advance payment security for the equivalent amount
made out in favour of the Employer. The advance payment security may be reduced in
proportion to the value of work performed by the Contractor as evidenced by the invoices for
installation services.

Eighty percent (80%) of the measured value of work performed by the Contractor, as
identified in the said Program of Performance, during the preceding month, as evidenced by
the Employers authorization of the Contractors application, will be made monthly within
forty-five (45) days after receipt of invoice.

Five percent (5%) of the total or pro rata value of installation services performed by the
Contractor as evidenced by the Employers authorization of the Contractors monthly
applications, upon issue of the Completion Certificate, within forty-five (45) days after receipt
of invoice.

Five percent (5%) of the total or pro rata value of installation services performed by the
Contractor as evidenced by the Employers authorization of the Contractors monthly
applications, upon issue of the Operational Acceptance Certificate, within forty-five (45) days
after receipt of invoice.

In the event that the Employer fails to make any payment on its respective due date, the
Employer shall pay to the Contractor interest on the amount of such delayed payment at the
rate of one percent [1%] per month above LIBOR for foreign currency and One percent (1%)
per month above Bank rate prescribed by the Central Bank in Ethiopia for period of delay
until payment has been made in full.

PAYMENT PROCEDURES

The procedures to be followed in applying for certification and making payments shall be as
follows:

Any advance payment shall not include a portion of the Provisional Sums.

Payments to the contractor will be made in the currencies and in the amounts indicated in
the Tender, subject to all other requirements of this clause and such adjustments as are
incorporated in the signed agreement.

The Contractor shall supply to the Project Managers evidence of having re-exported all
Contractors equipment imported under the provisions of the Contract at the completion of
the facilities and before final payment is made.

Payments for any part or parts of the Facilities by the Employer shall not be construed as
relieving the Contractor.
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Provided that if at the time of tendering the Contractor shall stipulate for portions of the
Contract Price to be paid in foreign currencies the Employer shall make available facilities
for the payment of such portions of the Contract Price in the relevant foreign currencies as
specified. The cost of transferring the money to another currency shall be borne by the
Employer provided such currency is the one named in the Tender.

The exchange rates for determining the amount of the relevant foreign currencies required
by the Contractor wilt be the exchange issued by National Bank of Ethiopia at the date of
pre-tender meeting.

Where contract has stipulated portions of the Contract Price to be paid in foreign currencies,
such payments shall be made in the relevant foreign currencies and not in Ethiopian Birr.
Where contract has stipulated portions of the Contract Price to be paid in Local Currency,
such payments shall be made in local currencies.

The advance payments will be made by means of direct telegraphic transfer.

If the contractor provides for payment by means of a letter of credit, the Employer will
arrange the letter of credit. The Employer will pay all banking fees and other costs incurred
by the Employer in raising and maintaining the letter of credit, which is to be issued by the
Commercial Bank of Ethiopia. If the contractor requires Letter of Credit confirmation then
Letter of credit confirmation charges both inside and outside Ethiopia shall be borne by the
Contractor.

In case the Letter of Credit shall be extended because of the default caused by the
Contractor, all costs involved in the extension of the Letter of Credit shall be born by the
Contractor.
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Appendix 2. Price Variation

[NOT APPLICABLE]
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Appendix 3. Insurance Requirements

Insurances To Be Taken Out By The Contractor

In accordance with the provisions of GCC Clause 34, the Contractor shall at its expense take
out and maintain in effect, or cause to be taken out and maintained in effect, during the
performance of the Contract, the insurances set forth below in the sums and with the
deductibles and other conditions specified. The identity of the insurers and the form of the
policies shall be subject to the approval of the Employer, such approval not to be
unreasonably withheld.

(a) Cargo Insurance

Covering loss or damage occurring, while in transit from the suppliers or


manufacturers works or stores until arrival at the Site, to the Facilities (including spare
parts therefore) and to the construction equipment to be provided by the Contractor or
its Subcontractors.

Amount For 110% of the Cargo Value


Deductible limits 5% of any individual claim
Parties insured Employer
From Contractors / Manufacturers Works
To Project Site

(b) Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site, occurring prior to
completion of the Facilities, with an extended maintenance coverage for the
Contractors liability in respect of any loss or damage occurring during the defect
liability period while the Contractor is on the Site for the purpose of performing its
obligations during the defect liability period.

Amount Full Replacement cost of the equipment


Deductible limits 5% of any individual claim
Parties insured Employer jointly with the Contractor
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(c) Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including the Employers
personnel) and loss of or damage to property (including the Employers property and
any parts of the Facilities that have been accepted by the Employer) occurring in
connection with the supply and installation of the Facilities.

Amount for injury or death -For the Contractors employees 60 months


earning of the employee and for other people US $
50,000 per person.
Amount for loss or damage
to property - Cost of the property

Deductible limits -Nil


Parties insured - Contractor

(d) Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its Subcontractors (whether or
not owned by them) in connection with the supply and installation of the Facilities.
Comprehensive insurance in accordance with statutory requirements in Ethiopia.

(e) Workers Compensation

In accordance with the statutory requirements applicable in Ethiopia.

(f) Employers Liability

In accordance with the statutory requirements applicable in Ethiopia

(g) Other Insurances

The Contractor is also required to take out and maintain at its own cost the other
insurances, if any:

Details:

Amount Deductible limits Parties insured From To


[in currency(ies)] [names] [place] [place]

The Employer shall be named as co-insured under all insurance policies taken out by the
Contractor pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers
Compensation and Employers Liability Insurances. The Contractors Subcontractors shall
be named as co-insured under all insurance policies taken out by the Contractor pursuant to
GCC Sub-Clause 34.1, except for the Cargo, Workers Compensation and Employers
Liability Insurances. All insurers rights of subrogation against such co-insured for losses or
claims arising out of the performance of the Contract shall be waived under such policies.
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Insurances To Be Taken Out By The Employer

The Employer shall at its expense take out and maintain in effect during the performance of
the Contract the following insurances. The list of insurances can be inserted here at the time
of Contract.

Details:

Amount Deductible limits Parties insured From To


[in currency(ies)] [names] [place] [place]
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Appendix 4. Time Schedule

1. The basic considerations and the essence of the 'Contract' shall be the strict
adherence to the time schedule for completion of facilities.

2. The time and the date of completion of the Facilities as stipulated in the bid
document shall be deemed to be the essence of the Contract. The Contractor shall
so organise his resources and perform this work so as to complete it not later than
the time agreed to.

3. The Contractor shall submit a detailed PERT network for the time frame specified,
consisting of adequate number of activities covering various key phases of the
Contract such as design, procurement, manufacturing at works, despatch activities,
according to sequence of erection, testing and commissioning.

The Contractor shall discuss the network so submitted with the Employer and the
agreed network, which maybe in the form as submitted or in revised form in line with
the outcome of discussions shall form part of the Contract. If in the opinion of the
Employer / Project Manager proper progress is not maintained, suitable changes
shall be made in the Contractor's operations to achieve the time schedule specified in
the notification of award.

4. The above PERT network shall be reviewed and periodic review reports shall be
submitted by the Contractor as desired by the Employer.

5. Subsequent to effective date of contract, the Contractor shall make available to the
Employer within thirty (30) days a detailed manufacturing program, in line with the
agreed PERT network.

Such manufacturing program shall be reviewed, updated and submitted to the


Employer / Project Manager once in every two months thereafter.

6. The Employer reserves the right to withhold payments for Contractor's failure to
comply with the above.

7. The following salient features of time schedule laid out for major activities involved in
completion of facilities calculated from the effective date of contract till completion of
all the activities. Since the Contract is of turnkey nature [excluding civil works], the
time schedule indicated for all the activities up to and excluding Completion of
Facilities might have some variations at the Contractors end, suiting to
methodology / Planning of execution by the Contractor. But the contractor is
expected to adhere to time indicated for Completion of Facilities and this specific
time schedule will be considered as Completion date given in Bid Data Sheet [ITB
Clause 25.3 (b)] .The Contractor shall confirm that his Program of completion of
facilities shall be formulated accordingly.
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8. Salient features of the time schedule are furnished below. Effective date of Contract
has been considered as Zero date.

Sr. Major Activities Involved Minimum Maximum


No. (Weeks) (Weeks)
1. Effective date of Contract 0 0
2 Contractor to submit all layouts, general 8 10
assembly drawings and specifications for the
approval of the Project Manager.
3 Contractor to furnish all loading data and 12 16
cutouts on foundations and other details
needed for foundation designing and
planning civil engineering works.
4 Submission of final equipment specification, 20 24
drawings and all other related data and
mechanical, electrical and instrumentation
details to the Employer.
5 Contractor to be at site to put up temporary 40 44
works, receive and store material, for site
mobilization, preparation of initial activities.
6 POWER GENERATION PLANT [Mill /
Diffuser]
a Receipt of POWER GENERATION PLANT 56 64
facilities at site and completion of supplies
b Completion of Erection of POWER 78 82
GENERATION PLANT
c Completion of Facilities 78 86
d Commissioning of POWER GENERATION 82 90
PLANT
e Guarantee tests and Operational Acceptance 86 96
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Appendix 5. List of Approved Subcontractors

The following Subcontractors are approved for carrying out the item of the facilities indicated.
Where more than one Subcontractor is listed, the Contractor is free to choose between
them, but it must notify the Employer of its choice in good time prior to appointing any
selected Subcontractor. In accordance with GCC Sub-Clause 19.1, the Contractor is free to
submit proposals for Subcontractors for additional items from time to time. No Subcontracts
shall be placed with any such Subcontractors for additional items until the Subcontractors
have been approved in writing by the Employer and their names have been added to this list
of Approved Subcontractors.

Item of Facilities Approved Subcontractors Nationality

[ To be inserted here at the time of finalizing the Contract ]


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Appendix 6. Scope of Works and Supply by the Employer

1. General

1.1 The following personnel, facilities, works and supplies will be provided/supplied by
the Employer, and the provisions of GCC Clauses 10, 21 and 24 shall apply as
appropriate.

1.2 All personnel, facilities, works and supplies will be provided by the Employer in good
time so as not to delay the performance of the Contractor, in accordance with the
approved Time Schedule and Program of Performance pursuant to GCC Sub-
Clause 18.2.

1.3 Unless otherwise indicated, all personnel, facilities, works and supplies will be
provided free of charge to the Contractor.

2. Scope

2.1 Personnel

Only operating and maintenance personnel will be provided after completion of


facilities onwards for trials, commissioning , guarantee tests and further regular
running.

2.2 Facilities

2.2.1 Water for the Facilities and for the contractor's use

1 The Employer shall provide water for use of the Contractor for carrying out the works
at one point on the site. Further distribution of water for works shall be carried out by
the Contractor.

2 The Employer shall provide potable water, in the form and content as is available to
the employees of Employer, at one point on the area allocated for Contractor's staff
houses. The Contractor shall make his own arrangement for further distribution of
water to his staff houses.

3 The Contractor's labourers accommodated at the site, shall be provided free access
to the sources of water as are available to the Employer's labourers. Upon a written
request of the Contractor, the Employer shall allow him to supplement the existing
potable water facility for use of his labourers. The Contractor shall supplement the
existing facility at his own cost.

4 The Employer shall provide water for use as stated above free of charge.
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5 The Contractor shall inform the Project Manager, with a copy to the Employer, of the
estimated requirement of water for the Facilities and his staff houses and labour
camp.

6 The Contractor shall make arrangement of water storage at site for the Facilities and
for staff houses and labour camp at his own cost.

7 Not withstanding the above, the Employer shall not be responsible for any disruption
in the supply of water.

2.2.2 Electricity for the Facilities and for the Contractor's use

1 The site does not have provision of electricity supply from the state grid network. The
Employer will be installing Diesel Generators to meet the electricity needs of the site.
The Employer shall provide electrical power form the diesel generators at one point
on the site. The Contractor shall make his own arrangement for further distribution of
electrical power for the Works.

2 The Employer shall provide electricity, for lighting and domestic electrical gadgets, to
all the staff houses of the Contractor at one point on the area allocated for
Contractor's staff houses. The Contractor shall make his own arrangement for
further distribution of power for his staff houses.

3 The Contractor's labourers accommodated at the site, shall be allowed to use the
electricity to the extent it is used by the Employer's labourers accommodated in the
vicinity of such a site. The Employer may, upon request by the Contractor in writing,
allow him to augment the existing electric facility for use in his labour quarters.

4 The Contractor shall augment the electric facility for use in his labour quarters at his
own expense.

5 Employer shall provide electricity for the Works and to the Contractor's staff houses
and labour quarters free of charge. The Contractor shall use his best endeavours to
control and minimize the use of the electricity provided.

6 The Contractor shall inform to the Project Manager, with a copy to the Employer, of
the estimated requirement of electrical power for the Works, as well as Contractors
staff houses and labour camp. [This information must be submitted with the bid offer]

7 Not withstanding the above, the Employer shall not be responsible for disruptions in
the supply of electricity. The Contractor shall not claim loss of time due to any such
disruptions and shall make stand-by arrangement for any captive generation of
electricity that may be required to completion of works in accordance with the
Program.

8 Any temporary electrical installation work at the site, required for erection or
construction works, shall be approved by the electrical inspectorate of Government of
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Federal Democratic Republic of Ethiopia. No unauthorized person shall be deployed


for installation of such works.

2.2.3 Accommodation for Contractor's personnel

1 The contractor shall make his own arrangement for accommodation for all the
categories of his staff for which the Employer will provide an area of land. Water and
electricity shall be provided by the employer at no cost (but subject to availability) to
the housing accommodation of contractors personnel.

2 The Contractor shall ensure that his employees do not misuse or waste the electricity
or water provided by the Employer.

3 The Contractor shall be responsible for maintaining high standards of sanitation and
health and shall take immediate corrective action when directed by the Employer or
the local authorities.

4 The Contractor upon completion of the Contract, remove all camps and housing
together with all associated services including all necessary water supplies and
installations for drinking and other purposes, sanitation, drainage, refuse disposal,
fencing and fire fighting equipment.

5. All buildings and all sheds and temporary structures which the Contractor may erect
for his own purposes shall be erected only on land placed at the Contractors
disposal by the Employer. Such facilities in respect of design, situation, layout, water
supply, washing and cooking facilities, lighting, sanitary and health arrangements and
welfare be appropriate in all respects for their purpose, shall comply with relevant
laws and regulations and be subject to the approval of the Project Manager.

2.2.4 Storage area for storage of plant and machinery received

1. The Employer shall provide vacant land for storage of plant and machinery supplied
by the Contractor prior to their installation. It will be the responsibility of the
Contractor to deploy proper security staff, fence the area properly, and protect from
rain, protect from theft, etc.

2. Subject to availability, the Employer may provide any closed storage areas for
storage of valuable components of plant and machinery. It will be the responsibility of
the Contractor to deploy proper security staff, protect from theft etc.

3. In the event of non-availability of such closed storage areas from the Employer, the
Contractor shall make his own arrangements as a part of temporary works.

2.3 Facilities

2.3.1 The Employer will carryout all the related civil foundations and other related works of
the POWER GENERATION PLANT and ancillaries. However the Contractor is
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responsible for initial & final grouting of related machinery, structures and equipment
including supply of grouting material.

2.3.2 The Contractor shall make his own arrangements for carrying out any machine shop
facilities required during the erection and commissioning. In case of emergency, the
Employer subject to availability can make available existing machine shop facilities
on chargeable basis

2.4 Supplies

The Employer will not be making any of the supplies in the contract except for the
following.

- Lubricants if any other than initial filling

2.5 Other responsibilities

The Employer shall provide possession of and access to all other areas reasonably
required for the proper execution of the Contract including all requisite rights of way.
The Employer shall give full possession of and accord all access thereto on or before
__________ [date to be mentioned while finalizing the contract]
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Appendix 7. List of Documents for Approval or Review

Pursuant to GCC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its
Subcontractor to prepare, and present to the Project Manager in accordance with the
requirements of GCC Sub-Clause 18.2 (Program of Performance), the following documents.

For Approval

The Contractor will be required to submit triplicate copies of his working drawings and design
calculations as appropriate to the Project Manager. The Project Manager will signify his
approval or any amendments required within 14 days of receiving the drawings or
calculations, returning one copy to the Contractor. Drawings that are not approved shall be
resubmitted in accordance with the above procedure. The Contractor shall issue two copies
of drawings as Approved, one copy to the employer and one copy to the Project Manager
plus any further copies for his further use.

Any approval given by the Project Manager shall not relieve the Contractor of his
responsibility for the design and functional requirements of the POWER GENERATION
PLANT equipment station design. The Contractor shall bear the cost of any alterations
necessary due to non-compliance with the standards and codes referred in Section VI-C.

The Contractor shall allow in his bid for the cost of transmittal of all drawings, calculations
etc. for approval and drawings as approved to and from India and Ethiopia as appropriate.

The drawings and documents which needs approval are as under.

1. Detailed specification of equipment / component / systems included in the contract.

2. General layout plan of the facilities [POWER GENERATION PLANT] at ground and
other levels showing terminal points. The POWER GENERATION PLANT shall be
accommodated in the space shown in the enclosed layout plan.

3. Cross sectional elevations, general arrangement drawing showing individual equipment


in the POWER GENERATION PLANT.

4. Detailed floor plan for the POWER GENERATION PLANT system [Mill / Diffuser]
showing equipment disposition, together with berthing diagrams, static and dynamic
loading at various levels, cut outs; openings and through holes for piping, location of
coolers, electric cabling, instrumentation cabling etc.; preferred location of switchgear,
MCCs and control panel and other details to permit design of Civil engineering works.

5. Flow diagrams showing sizes of pipes, showing levels, location of all valves and fittings
for following

- Steam
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- Service water
- Cooling water
- Drains

6. Electronic circuit diagrams for instrumentation

7. Electric Load list

8. Cable routing diagram

9. Drawings as issued for execution at site


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Appendix 8. Functional Guarantees

1. General

This Appendix sets out

(a) the functional guarantees referred to in GCC Clause 28 (Functional Guarantees)

(b) the preconditions to the validity of the functional guarantees, either in production
and/or consumption, set forth below

(c) the minimum level of the functional guarantees

(d) the formula for calculation of liquidated damages for failure to attain the functional
guarantees.

2. Preconditions

The Contractor gives the functional guarantees (specified herein) for the facilities,
subject to the following preconditions being fully satisfied:

The Qualifying preconditions for giving functional guarantees are as under.

The performance tests specified herein in terms of POWER GENERATION PLANT


throughput, shall be subject to following conditions.

(a) The Employer shall supply at the factory and in sufficient quantity the expendable
goods, fluids [except lubricants for initial filling] and material for the proper
operations of the POWER GENERATION PLANT.

(b) The employer will engage sufficient number of suitably qualified personnel to
supervise to maintain and run the POWER GENERATION PLANT under the
supervision of the contractor; It should be noted here that while the contractor to
take note of the existing skills available in the sugar industry, he should provide
WHATEVER training that is necessary.

(c) The Employer shall have the plant maintained in a satisfactory condition by his
personnel during the period after Completion of Facilities and prior to the
performance tests with essential spare parts available as supplied under
mandatory spares list.
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3. Functional Guarantees

3.1 Subject to compliance with the foregoing preconditions, the Contractor guarantees as
follows for Power Generation system.

OPTION 1: Milling

1 Power generation

Minimum Power production of 35.03 MW of power with steam flow of 205 t/hr steam
for each set, while operating in Mode A as specified by the employer

OR

The best possible power generation guaranteed by the supplier at the given duty
condition.

2. Power consumption within the battery limits

Lowest of the power consumed [within the battery limits] amongst the bids received
for Milling option. This will be measured and average of test period will be
considered.

OPTION 2: Diffuser

1 Power generation

Minimum Power production of 35.43 MW of power with steam flow of 214 t/hr steam
for each set, while operating in Mode A as specified by the employer

OR

The best possible power generation guaranteed by the supplier at the given duty
condition.

2. Power consumption within the battery limits

Lowest of the power consumed [within the battery limits] amongst the bids received
for Diffuser option. This will be measured and average of test period will be
considered.

Power Generation Capacity

[WHILE FINALISING THE CONTRACT, LIST HERE THE POWER GENERATION


CAPACITY THAT THE CONTRACTOR IS TO GUARANTEE IN MODE A in MWe,
MAKING SURE TO USE, AS FUNCTIONAL GUARANTEES, THE FIGURES
OFFERED BY THE CONTRACTOR IN ITS BID.]
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3.2 Power consumption within the Terminal Limits

[WHILE FINALISING THE CONTRACT, LIST HERE THE POWER


CONSUMPTION WITHIN THE TERMINAL POINTS THAT THE CONTRACTOR IS
TO GUARANTEE in KW, MAKING SURE TO USE, AS FUNCTIONAL
GUARANTEES, THE FIGURES OFFERED BY THE CONTRACTOR IN ITS BID.]

4. Failure in Guarantees and Liquidated Damages

The following adjustment factors will be used for POWER GENERATION PLANT.

4.1 Failure to attain Guaranteed Net Power Output in Mode A:

If the Net Power Output of the facilities attained in the guarantee test, pursuant to
GCC Sub-Clause 25.2, is less than the guaranteed figure specified in Para. 3.1
above, but the actual production capacity attained in the guarantee test is not less
than the minimum level specified in Para. 4.3 below, and the Contractor elects to pay
liquidated damages to the Employer in lieu of making changes, modifications and/or
additions to the Facilities, pursuant to GCC Sub-Clause 28.3, then the Contractor
shall pay liquidated damages at the rate of US Dollars One hundred Thousand [US$
100,000] for every 100 kW loss below the guaranteed Net Power Output of the
Facilities, or at a proportionately reduced rate for any deficiency, or part thereof.

4.2 Power Consumption in excess of minimum level desired.

If the actual measured figure of power consumed exceeds the lowest power
consumption figure specified in Para. 3.2 above, but the actual consumption attained
in the guarantee test, pursuant to GCC Sub-Clause 25.2, is not more than the
maximum level specified in Para. 4.3 below, and the Contractor elects to pay
liquidated damages to the Employer in lieu of making changes, modifications and/or
additions to the Facilities pursuant to GCC Sub-Clause 28.3, then the Contractor
shall pay liquidated damages at the rate of US Dollars Five Thousand [US$ 5000] for
every 100 kW excess power consumption above the lowest power consumption
indicated by other bidder during evaluation, or part thereof, of less than 100 kW.

4.3 Minimum Levels

Notwithstanding the provisions of this paragraph, if as a result of the guarantee


test(s), the following minimum levels of performance guarantees (and utility
consumption guarantees) are not attained by the Contractor, the Contractor shall at
its own cost make good any deficiencies until the Facilities reach any of such
minimum performance levels, pursuant to GCC Sub-Clause 28.2:

(a) Net Output Power of the Facilities attained in the guarantee test: ninety-five
percent (95%) of the guaranteed figure;
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(b) Average total consumption of power of the Facilities: one hundred and five
percent (105%) of the guaranteed figures.

(c) Heat rate of the Facilities attained in the guarantee test: ninety-five
percent (95%) of the guaranteed figure;

5. Limitation of Liability

Subject to Para. 4.3 above, the Contractors aggregate liability to pay liquidated
damages for failure to attain the functional guarantees shall not exceed ten percent
(10 %) of the Contract price.

6. Duration of tests

Three tests of 24-hour test runs shall be carried out. In any test, any one stoppage
exceeding 30 minutes or a number of stoppages exceeding 2 hours in total shall
invalidate the test. The test runs need not be conducted on successive days. The
POWER GENERATION PLANT station shall be deemed to satisfy the above
warranty if the arithmetic mean of the results of three tests satisfies the guarantee of
throughput, efficiency and other parameters desired.
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4. Bank Guarantee Form for Performance Security

________________________________ [Banks Name, and Address of Issuing Branch or


Office]

Beneficiary:

Tendaho Sugar Factory Project (TSFP)


P. O. Box. 2574,
6th Floor, Bole Road,
Addis Ababa
Ethiopia.

Date: ________________

PERFORMANCE GUARANTEE No.: _________________

We have been informed that . . .[name of Contractor]


(hereinafter called "the Contractor") has entered into Contract No. . .[reference
number of the contract] dated ____________ with you, for the execution of Contract for
POWER GENERATION PLANT for Tendaho Sugar Factory Project (hereinafter called "the
Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance


guarantee is required.

At the request of the Contractor, we. [name of Bank] hereby


irrevocably undertake to pay you any sum or sums not exceeding in total an amount of
[amount in figures] (___) [amount in words]1., upon receipt by us of your
first demand in writing accompanied by a written statement stating that the Contractor is in
breach of its obligation(s) under the Contract, without your needing to prove or to show
grounds for your demand or the sum specified therein.

This guarantee shall be reduced by half upon our receipt of:

(a) a copy of the Operational Acceptance Certificate; or

(b) a registered letter from the Contractor (i) attaching a copy of its notice
requesting issuance of the Operational Acceptance Certificate and (ii) stating

1
The Guarantor shall insert an amount representing the percentage of the Contract Price specified
in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible
currency acceptable to the Employer.
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that the project manager has failed to issue such Certificate within the time
required or provide in writing justifiable reasons why such Certificate has not
been issued, so that Operational Acceptance is deemed to have occurred.

This guarantee shall expire no later than the earlier of:2

(a) twenty four (24) months after our receipt of either (a) or (b) above; or

(b) thirty (30) months after our receipt of:

(i) a copy of the Completion Certificate; or

(ii) a registered letter from the Contractor, attaching a copy of the notice
to the project manager that the Facilities are ready for commissioning,
and stating that fourteen days have elapsed from receipt of such
notice (or seven days have elapsed if the notice was a repeated
notice) and the project manager has failed to issue a Completion
Certificate or inform the Contractor in writing of any defects or
deficiencies; or

(iii) a registered letter from the Contractor stating that no Completion


Certificate has been issued but the Employer is making use of the
Facilities; or

(c) the ____ day of _____, 20__.3

Consequently, any demand for payment under this guarantee must be received by us at this
office on or before that date.

2
[This text shall be revised as and where necessary to take into account (i) partial acceptance of
the Facilities in accordance with Sub-Clause GCC 25.4; and (ii) extension of the performance
security when the Contractor is liable for an extended warranty obligation pursuant to Sub-Clause
27.10 of the GCC (although in the latter case the Employer might want to consider an extended
warranty security in lieu of the extension of the performance security).]
3
[To insert the date twenty-eight days after the expected expiration date of the Defect Liability
Period. The Employer should note that in the event of an extension of the time for completion of
the Contract, the Employer would need to request an extension of this guarantee from the
Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider adding the
following text to the form, at the end of the penultimate paragraph: The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months][one year], in
response to the Employers written request for such extension, such request to be presented to
the Guarantor before the expiry of the guarantee.]
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This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

_____________________
[Signature(s)]
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5. Bank Guarantee Form for Advance Payment

[Banks Name, and Address of Issuing Branch or Office]

Beneficiary:

Tendaho Sugar Factory Project (TSFP)


P. O. Box. 2574,
6th Floor, Bole Road,
Addis Ababa
Ethiopia.

Date: ________________

ADVANCE PAYMENT GUARANTEE No.: _________________

We have been informed that [name of Contractor] (hereinafter


called "the Contractor") has entered into Contract No. [reference
number of the contract] dated .[date] with you, for the execution of
Contract for POWER GENERATION PLANT for Tendaho Sugar Factory Project (hereinafter
called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance


payment in the sum [amount in figures] (____) [amount in words] is to be made against an
advance payment guarantee.

At the request of the Contractor, we .[name of Bank]


hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount
of [amount in figures] (____) [amount in words]. upon
receipt by us of your first demand in writing accompanied by a written statement stating that
the Contractor is in breach of its obligation under the Contract because the Contractor used
the advance payment for purposes other than toward the execution of the Works.

It is a condition for any claim and payment under this guarantee to be made that the
advance payment referred to above must have been received by the Contractor on his
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account number ___________ at [name and address of


Bank.].

The maximum amount of this guarantee shall be progressively reduced in proportion to the
value of each part-shipment or part-delivery of plant and equipment to the site, as indicated
in copies of the relevant shipping and delivery documents that shall be presented to us. This
guarantee shall expire, at the latest, upon our receipt of documentation indicating full
repayment by the Contractor of the amount of the advance payment, or on the ___ day of
_______, 20__, whichever is earlier.4 Consequently, any demand for payment under this
guarantee must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.

_____________________
[signature(s)]

4
Insert the expected expiration date of the Time for Completion. The Employer should
note that in the event of an extension of the time for completion of the Contract, the
Employer would need to request an extension of this guarantee from the Guarantor.
Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed
[six months][one year], in response to the Employers written request for such extension,
such request to be presented to the Guarantor before the expiry of the guarantee.
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6. Form of Completion Certificate

Date: ___
BID No.:

CONTRACT FOR POWER GENERATION PLANT FOR TENDAHO SUGAR FACTORY


PROJECT

To: [Name and address of Contractor]

Dear Ladies and/or Gentlemen,

Pursuant to GCC Clause 24 (Completion of the Facilities) of the General Conditions of the
Contract entered into between yourselves and the Employer dated [date],
relating to the POWER GENERATION PLANT for Tendaho Sugar Factory Project, we
hereby notify you that the following part(s) of the Facilities was (were) complete on the date
specified below, and that, in accordance with the terms of the Contract, the Employer hereby
takes over the said part(s) of the Facilities, together with the responsibility for care and
custody and the risk of loss thereof on the date mentioned below.

1. Description of the Facilities or part thereof: [description]


2. Date of Completion: [date]

However, you are required to complete the outstanding items listed in the attachment hereto
as soon as practicable.

This letter does not relieve you of your obligation to complete the execution of the Facilities
in accordance with the Contract nor of your obligations during the Defect Liability Period.

Very truly yours,

Title
(Project Manager)
J P MUKHERJI & ASSOCIATES PVT. LTD

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BID DOCUMENT FOR
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7. Form of Operational Acceptance Certificate

Date:
BID No.:

CONTRACT FOR POWER GENERATION PLANT FOR TENDAHO SUGAR FACTORY


PROJECT

To: [Name and address of Contractor]

Dear Ladies and/or Gentlemen,

Pursuant to GCC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of


the Contract entered into between yourselves and the Employer
dated.[date], relating to the POWER GENERATION PLANT for Tendaho
Sugar Factory Project, we hereby notify you that the Functional Guarantees of the following
part(s) of the Facilities were satisfactorily attained on the date specified below.

1. Description of the Facilities or part thereof: [description]

2. Date of Operational Acceptance: [date]

This letter does not relieve you of your obligation to complete the execution of the Facilities
in accordance with the Contract nor of your obligations during the Defect Liability Period.

Very truly yours,

Title
(Project Manager)
J P MUKHERJI & ASSOCIATES PVT. LTD

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BID DOCUMENT FOR
POWER GENERATION PLANT

8. Change Order Procedures

Date:
Bid No.:

CONTENTS

1. General
2. Change Order Log
3. References for Changes

ANNEXES

Annex 1 Request for Change Proposal


Annex 2 Estimate for Change Proposal
Annex 3 Acceptance of Estimate
Annex 4 Change Proposal
Annex 5 Change Order
Annex 6 Pending Agreement Change Order
Annex 7 Application for Change Proposal
J P MUKHERJI & ASSOCIATES PVT. LTD

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BID DOCUMENT FOR
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Change Order Procedure

1. General

This section provides samples of procedures and forms for implementing changes in
the Facilities during the performance of the Contract in accordance with GCC Clause
39 (Change in the Facilities) of the General Conditions of Contract.

2. Change Order Log

The Contractor shall keep an up-to-date Change Order Log to show the current status
of Requests for Change and Changes authorized or pending, as Annex 8. Entries of
the Changes in the Change Order Log shall be made to ensure that the log is up-to-
date. The Contractor shall attach a copy of the current Change Order Log in the
monthly progress report to be submitted to the Employer.

3. References for Changes

(1) Request for Change as referred to in GCC Clause 39 shall be serially numbered
CR-X-nnn.

(2) Estimate for Change Proposal as referred to in GCC Clause 39 shall be serially
numbered CN-X-nnn.

(3) Acceptance of Estimate as referred to in GCC Clause 39 shall be serially


numbered CA-X-nnn.

(4) Change Proposal as referred to in GCC Clause 39 shall be serially numbered


CP-X-nnn.

(5) Change Order as referred to in GCC Clause 39 shall be serially numbered CO-X-
nnn.

Note: (a) Requests for Change issued from the Employers Home Office and the
Site representatives of the Employer shall have the following respective
references:

Home Office CR-H-nnn


Site CR-S-nnn

(b) The above number nnn is the same for Request for Change, Estimate
for Change Proposal, Acceptance of Estimate, Change Proposal and
Change Order.
J P MUKHERJI & ASSOCIATES PVT. LTD

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BID DOCUMENT FOR
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Annex 1. Request for Change Proposal

(Employers Letterhead)

To: [Contractors name and address] Date:

Attention: [Name and title]

Contract Name: CONTRACT FOR POWER GENERATION PLANT FOR TENDAHO


SUGAR FACTORY PROJECT

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

With reference to the captioned Contract, you are requested to prepare and submit a
Change Proposal for the Change noted below in accordance with the following instructions
within [number] days of the date of this letter [or on or before (date)].

1. Title of Change: [Title]

2. Change Request No./Rev.: [Number]

3. Originator of Change: Employer: [Name]


Contractor (by Application for Change Proposal No. [Number]5:

4. Brief Description of Change: [Description]

5. Facilities and/or Item No. of equipment related to the requested Change: [Description]

6. Reference drawings and/or technical documents for the request of Change:

Drawing No./Document No. Description

7. Detailed conditions or special requirements on the requested Change: [Description]

8. General Terms and Conditions:

(a) Please submit your estimate to us showing what effect the requested Change will
have on the Contract Price.

(b) Your estimate shall include your claim for the additional time, if any, for
completion of the requested Change.

5
Refer to Annex 7.
J P MUKHERJI & ASSOCIATES PVT. LTD

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(c) If you have any opinion negative to the adoption of the requested Change in
connection with the conformability to the other provisions of the Contract or the
safety of the Plant or Facilities, please inform us of your opinion in your proposal
of revised provisions.

(d) Any increase or decrease in the work of the Contractor relating to the services of
its personnel shall be calculated.

(e) You shall not proceed with the execution of the work for the requested Change
until we have accepted and confirmed the amount and nature in writing.

(Employers Name)

(Signature)

(Name of signatory)

(Title of signatory)
J P MUKHERJI & ASSOCIATES PVT. LTD

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BID DOCUMENT FOR
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Annex 2. Estimate for Change Proposal

(Contractors Letterhead)

To:

Tendaho Sugar Factory Project (TSFP)


P. O. Box. 2574,
6th Floor, Bole Road,
Addis Ababa
Ethiopia.

Date:

Attention: [Name and title]

Contract Name: CONTRACT FOR POWER GENERATION PLANT FOR TENDAHO


SUGAR FACTORY PROJECT

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

With reference to your Request for Change Proposal, we are pleased to notify you of the
approximate cost of preparing the below-referenced Change Proposal in accordance with
GCC Sub-Clause 39.2.1 of the General Conditions of Contract. We acknowledge that your
agreement to the cost of preparing the Change Proposal, in accordance with GCC Sub-
Clause 39.2.2, is required before estimating the cost for change work.

1. Title of Change: [Title]

2. Change Request No./Rev.: [Number]

3. Brief Description of Change: [Description]

4. Scheduled Impact of Change: [Description]

5. Cost for Preparation of Change Proposal: [Cost]6

(a) Engineering (Amount)

(i) Engineer hrs x rate/hr =


(ii) Draftsperson hrs x rate/hr =
Sub-total hrs

6
Costs shall be in the currencies of the Contract.
J P MUKHERJI & ASSOCIATES PVT. LTD

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Total Engineering Cost

(b) Other Cost

Total Cost (a) + (b)

(Contractors Name)

(Signature)

(Name of signatory)

(Title of signatory)
J P MUKHERJI & ASSOCIATES PVT. LTD

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BID DOCUMENT FOR
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Annex 3. Acceptance of Estimate

(Employers Letterhead)

To: [Contractors name and address] Date:

Attention: [Name and title]

Contract Name: CONTRACT FOR POWER GENERATION PLANT FOR TENDAHO


SUGAR FACTORY PROJECT

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

We hereby accept your Estimate for Change Proposal and agree that you should proceed
with the preparation of the Change Proposal.

1. Title of Change: [Title]


2. Change Request No./Rev.: [Request number/revision]
3. Estimate for Change Proposal No./Rev.: [Proposal number/revision]
4. Acceptance of Estimate No./Rev.: [Estimate number/revision]
5. Brief Description of Change: [Description]
6. Other Terms and Conditions: In the event that we decide not to order the Change
accepted, you shall be entitled to compensation for the cost of preparation of Change
Proposal described in your Estimate for Change Proposal mentioned in para. 3 above
in accordance with GCC Clause 39 of the General Conditions of Contract.

(Employers Name)

(Signature)

(Name and Title of signatory)


J P MUKHERJI & ASSOCIATES PVT. LTD

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BID DOCUMENT FOR
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Annex 4. Change Proposal

(Contractors Letterhead)

To:

Tendaho Sugar Factory Project (TSFP)


P. O. Box. 2574,
6th Floor, Bole Road,
Addis Ababa
Ethiopia.

Date:

Attention: [Name and title]

Contract Name: CONTRACT FOR POWER GENERATION PLANT FOR TENDAHO


SUGAR FACTORY PROJECT

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

In response to your Request for Change Proposal No. [Number], we hereby submit our
proposal as follows:

1. Title of Change: [Name]

2. Change Proposal No./Rev.: [Proposal number/revision]

3. Originator of Change: Employer: [Name]


Contractor: [Name]

4. Brief Description of Change: [Description]

5. Reasons for Change: [Reason]

6. Facilities and/or Item No. of Equipment related to the requested Change: [Facilities]

7. Reference drawings and/or technical documents for the requested Change:

Drawing/Document No. Description


J P MUKHERJI & ASSOCIATES PVT. LTD

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8. Estimate of increase/decrease to the Contract Price resulting from Change Proposal:7

(Amount)

(a) Direct material


(b) Major construction equipment
(c) Direct field labour (Total hrs)
(d) Subcontracts
(e) Indirect material and labour
(f) Site supervision
(g) Head office technical staff salaries

Process engineer hrs @ rate/hr


Project engineer hrs @ rate/hr
Equipment engineer hrs @ rate/hr
Procurement hrs @ rate/hr
Draftsperson hrs @ rate/hr
Total hrs

(h) Extraordinary costs (computer, travel, etc.)


(i) Fee for general administration, % of Items
(j) Taxes and customs duties

Total lump sum cost of Change Proposal


[Sum of items (a) to (j)]

Cost to prepare Estimate for Change Proposal


[Amount payable if Change is not accepted]

9. Additional time for Completion required due to Change Proposal

10. Effect on the Functional Guarantees

11. Effect on the other terms and conditions of the Contract

12. Validity of this Proposal: within [Number] days after receipt of this Proposal by the
Employer

13. Other terms and conditions of this Change Proposal:

(a) You are requested to notify us of your acceptance, comments or rejection of this
detailed Change Proposal within [Number] days from your receipt of this
Proposal.

7
Costs shall be in the currencies of the Contract.
J P MUKHERJI & ASSOCIATES PVT. LTD

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(b) The amount of any increase and/or decrease shall be taken into account in the
adjustment of the Contract Price.

(c) Contractors cost for preparation of this Change Proposal:2


(Note) This cost shall be reimbursed by the Employer in case of Employers
withdrawal or rejection of this Change Proposal without default of the Contractor
in accordance with GCC Clause 39 of the General Conditions of Contract.

(Contractors Name)

(Signature)

(Name of signatory)

(Title of signatory)

2
Specify where necessary.
J P MUKHERJI & ASSOCIATES PVT. LTD

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Annex 5. Change Order

(Employers Letterhead)

To: [Contractors name and address] Date:

Attention: [Name and title]

Contract Name: CONTRACT FOR POWER GENERATION PLANT FOR TENDAHO


SUGAR FACTORY PROJECT

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

We approve the Change Order for the work specified in the Change Proposal (No.
[Number]), and agree to adjust the Contract Price, Time for Completion and/or other
conditions of the Contract in accordance with GCC Clause 39 of the General Conditions of
Contract.

1. Title of Change: [Name]

2. Change Request No./Rev.: [Request number/revision]

3. Change Order No./Rev.: [Order number/revision]

4. Originator of Change: Employer: [Name]


Contractor: [Name]

5. Authorized Price:

Ref. No.: [Number] Date: [Date]


Foreign currency portion [Amount] plus Local currency portion [Amount]

6. Adjustment of Time for Completion

None Increase [Number] days Decrease [Number] days

7. Other effects, if any

Authorized by: Date:


(Employer)

Accepted by: Date:


(Contractor)
J P MUKHERJI & ASSOCIATES PVT. LTD

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Annex 6. Pending Agreement Change Order

(Employers Letterhead)

To: [Contractors name and address] Date:

Attention: [Name and title]

Contract Name: CONTRACT FOR POWER GENERATION PLANT FOR TENDAHO


SUGAR FACTORY PROJECT

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

We instruct you to carry out the work in the Change Order detailed below in accordance with
GCC Clause 39 of the General Conditions of Contract.

1. Title of Change: [Name]

2. Employers Request for Change Proposal No./Rev.: [Number/revision] dated: [Date]

3. Contractors Change Proposal No./Rev.: [Number/revision] dated: [Date]

4. Brief Description of Change: [Description]

5. Facilities and/or Item No. of equipment related to the requested Change: [Facilities]

6. Reference Drawings and/or technical documents for the requested Change:

Drawing/Document No. Description

7. Adjustment of Time for Completion:

8. Other change in the Contract terms:

9. Other terms and conditions:

(Employers Name)

(Signature)

(Name of signatory)

(Title of signatory)
J P MUKHERJI & ASSOCIATES PVT. LTD

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Annex 7. Application for Change Proposal

(Contractors Letterhead)

To:

Tendaho Sugar Factory Project (TSFP)


P. O. Box. 2574,
6th Floor, Bole Road,
Addis Ababa
Ethiopia.

Date:

Attention: [Name and title]

Contract Name: CONTRACT FOR POWER GENERATION PLANT FOR TENDAHO


SUGAR FACTORY PROJECT

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

We hereby propose that the below-mentioned work be treated as a Change in the Facilities.

1. Title of Change: [Name]

2. Application for Change Proposal No./Rev.: [Number/revision] dated: [Date]

3. Brief Description of Change: [Description]

4. Reasons for Change:

5. Order of Magnitude Estimation (in the currencies of the Contract):

6. Scheduled Impact of Change:

7. Effect on Functional Guarantees, if any:

8. Appendix:

(Contractors Name)

(Signature)

(Name of signatory)

(Title of signatory)

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