2246 - Documents PDF
2246 - Documents PDF
2246 - Documents PDF
DATE:
PLACE:
PROFORMA OF POWER OF ATTORNEY BY THE JOINT VENTURE/
CONSORTIUM MEMBERS
(Non Judicial Stamp of Rs.100/- duly notarized)
KNOW ALL MEN BY THESE PRESENTS THAT WE PARTIES whose details are
given hereunder:
We, the above said parties, through this power of attorney mutually agrees
to hereby constitute, nominate and appoint M/s. ------------
a Company _________________ (name of leader) of
and having its registered/Head Office at, as our duly constituted lawful
Attorney (hereinafter call “Attorney” or “Authorized Representative” or
Partner In charge or Leader of Consortium/ Joint venture) to exercise all or
any of the powers for and on behalf of the Consortium/ Joint venture
Company Members in regards to Specification No:
___________________ the bids for which have been invited by Gujarat
Energy Transmission Co., Ltd., (herein after referred to as GETCO or the
“Corporation”.)
ii) To negotiate with the Purchaser the terms and conditions for award of
the contract pursuant to the aforesaid bid and to sign the Contract with
the Corporation for and on behalf of the “Consortium / Joint venture
Members”.
iii) To do any other act or submit any document related to the above.
iv) To receive, accept and execute the contract for and on behalf of the
“Consortium / Joint venture Members”.
The work shall be executed by all the members as per Bidding Documents and
as per the schedule hereunder:
Schedule of Completion
Sr. Completion Schedule Name of Sub-Station Name of Bidder/Member
No. of consortium/ Joint
venture
1
vi) The Corporation may place only one order on the Leader of
Consortium/ Joint venture incorporating the names of all the
Consortium/ Joint venture Members and schedule of completion
against each member, We, the members / parties confirm that
commitments made and liabilities incurred by our Leader shall be
binding on all the parties of the JVC duly formed (Consortium/ Joint
venture Members) and all of us shall be jointly and severally
responsible for the faithful execution of the contract and discharge the
liabilities jointly and severally.
vii) In the event of award of contract, we the Consortium/ Joint venture
members shall be liable jointly and severally for the execution of the
contract in accordance with the contract terms and in accordance with
specifications and within the schedule time.
xi) We, all the members of consortium / Joint venture undertake that we
shall not cancel or amend this agreement unilaterally and without the
consent of GETCO and such consent will be obtained in writing. We
also undertake that this agreement will be duly registered in any
Registrar’s office located in ----------------
It is already understood that the lead party /Leader shall ensure performance of
the contract(s) and if one or more above said party (Member) fail to perform their
respective portion of the Contract (s) the same shall be deemed to be a default
by all the above said parties /JVC.
It is expressly understood that this Power of Attorney shall remain valid binding
and irrevocable till completion of the Warranty period in terms of the Contract.
All the parties/members of above said Joint venture company hereby agrees
and undertakes to ratify and confirm all the whatsoever the said
Attorney/Authorized Representative/Leader quotes in the bid, negotiates and
signs the Contract/other necessary documents, with GETCO and /or proposes to
act on behalf of the Consortium / Joint venture company by virtue of this power
of Attorney/Agreement and the same shall bind the said Joint venture company
and its authorized representatives, as if done by itself.
______________________
Attorney holder / Leader party
(Signed, seal by the company)
2. Signature ……………………………….
Name ………………………………
Designation ……………………………
Occupation ……………………………
JOINT VENTURE AGREEMENT
(On 100 Rs.Stamp paper duly notarized)
For
NAME OF WORK:
Detail of work :-
AND
The expressions, “First Party” & “Second party” shall wherever the context admit
mean and include their respective successors in interest and permitted assigns
and hereinafter referred to individually as the “Party and collectively as the
“PARTIES’.
AND WHEREAS Party of first part and party of second part have entered into an
agreement, by setting up of a joint venture company (hereinafter called “JVC”) to
be set up in India for the purpose of securing the above said work of GETCO and
to execute the work jointly and severally in the event of award of the contract.
In consideration of the mutual agreement and undertaking hereunder set out the
parties to this agreement have granted the rights and accepted the obligations as
follows:-
NOW THIS JOINT VENTURE AGREEMENT WITNESSETH AS FOLLOWS:
The parties (as above) agrees that they shall undertake to incorporate
and form a Joint Venture Company (JVC) to be registered in India,
under the Companies Act, 1956, by the name and style
______________________________________________________an
d
will have its registered office at ___________________ (India) or such
other place/s as the PARTIES may mutually agree upon. The principal
place of business of these JVC shall be at _________________(India).
During incorporation of company and thereafter, the parties will obtain
all the necessary Govt. approvals, formalities etc. and ensures GETCO
about its legal compliance, as per law of India, as and when found
necessary.
2) Participation:
3) Lead Partner:
5) Liabilities:
All the parties of this joint venture agreement agrees and confirms that
in the event of getting the award of the contract through successful bid,
the execution of the work shall be complied efficiently and within
stipulated time and that all the parties of this agreement shall be jointly
and severally liable to comply and execute the work.
6) Bank Guarantees:
It is agreed between the parties that Bid Bond (in the form of Demand
Draft and Bank Guarantee) and Performance Guarantee shall be
arranged by them in their participation ratio, or as mutually agreed
upon all the parties & affirmed by GETCO.
7) ARBITRATION:
In the event of any dispute arising between the parties and GETCO in
respect of execution of this WORK, such disputes shall be resolved by
arbitration to be held in GUJARAT in accordance with the Indian
Arbitration Act. These agreement will be governed by and construed in
accordance with Indian Law.
IN WITNESS WHEREOF THE PARTIES hereto has put their respective hands
and seal on this day, month and year herein above written.
SIGNED SEALED AND DELIVERED
_____________________________
By within named
(Party of the FIRST PART/LEAD PARTY)
WITNESSES:
1 ___________________________
2 ___________________________
COMPLETION PERIOD
1
2
3
4
5
6
(Signature)
Designation ___________________
Submit with QR BId
FINANCIAL CAPABILITY
________________________________________________
________________________________________________
Sr. Details Amount Rs. In Remarks
No. lacs
Signature of Authorized
Representative
Company / Agency
NAME :
________________________
STATUS :
______________________
CERTIFICATE
Signature of Authorized
Representative
Company / Agency
NAME:
________________________
STATUS:
______________________
_____________________________
__
Submit with QR BId
MEMORANDUM / ARTICLES OF
ASSOCIATIOS OR CONSTITUTION
OF FIRM WITH THE NAMES OF
PARTNERS / DIRECTORS.
Details of the human resources available with the bidder for the successful performance
of the contract.
________________________________________________
________________________________________________
3 Design Manager
Signature of Authorized
Representative
Company / Agency
NAME:
________________________
STATUS:
______________________
_______________________________
I / WE, confirm that following documents are attached with the QR bid of the
offer.
WHEREAS the Employer invited Bids as per its Specification No.______(1) which
inter-alia includes the design, manufacture, testing, supply on Final Destination
delivery at site basis for _____(2) for _________(3).
ANDWHEREAS Clause at 3.0 for Qualifying Requirements stipulates that the Bidder
along with its Licensor must fulfill the Qualifying Requirements and be jointly and
severally bound and responsible for the successful performance of the Contract in the
event the Bid is accepted by the Purchaser resulting in a “Contract”.
AND WHEREAS the Bidder has submitted its Bid to the Employer vide Proposal
No._________ dated __________ based on the Licensee of the Licensor.
2.0 Without in any way affecting the generality and total responsibility in terms of this
Deed of Undertaking, the Licensor in particular hereby agrees to depute their
technical experts to the Contractor’s Works as considered necessary by the
Employer, Contractor and the Licensor to ensure proper design, manufacture,
Quality Management, testing, supply on final destination delivery at site basis
and successful performance of the equipment package in accordance with
Contract Specifications and if necessary the Licensor shall advise the Supplier
/Licensee suitable modifications of designs and implement necessary corrective
measures to discharge the obligations under the Contract.
3.0 This Deed of Undertaking shall be construed and interpreted in accordance with
the laws of India and the courts in Vadodara shall have exclusive jurisdiction in
all matters arising under the undertaking.
4.0 As a security, the Licensor shall apart from the Supplier’s performance
guarantee, furnish a Performance Security from its Bank in favour of the
Purchaser in a form acceptable to Purchaser. The value of such guarantee shall
be equal to 5% of value of the Contract awarded by the purchaser to the Supplier
and it shall be part of guarantee towards the faithful performance/compliance of
this Deed of Undertaking in terms of the Contract. The Guarantee shall be
unconditional, irrevocable and valid for the entire period of the Contract, namely
till the end of the warranty period ___________ package under the Contract. The
Bank Guarantee amount shall be payable to the Purchaser on demand without
any reservation or demur.
5.0 We, the Licensor and the Bidder/Contractors confirm that the licensee agreement
shall be valid for a period of at least five (5) years after the guarantee period of
the equipment and materials to be supplied under the Contract.
6.0 We, the Licensor and the Bidder/Contractor agree that this undertaking shall be
irrevocable and shall form an integral part of the Contract and further agree that
this undertaking shall continue to be enforceable till the Purchaser discharges it.
It shall become operative from the effective date of Contract.
IN WITHNESS WHEREOF the Licensor and the Bidder / Supplier have through their
authorized Representative executed these presents and affixed Common seals of
their respective Companies, on the day, month and year first above mentioned.
WITNESSES: FOR LICENSOR
______________________ Name ________________________________
(Name in Block Letter)
Designation ___________________________
______________________
(Office Address) Common seal of Company________________
Witnesses :
Note: This deed of joint undertaking should be attested by Notary Public at the place
of the respective executants.
SCHEDULE – 19
CONSORTIUM
CONSORTIUM BETWEEN Name of lead member and Name of member for Tender
This consortium is executed on this __ day of _________ ( Two Thousand ____) between
(Name of lead member) a company incorporated under the laws of Companies Act ,
1956 India having its registered office at (Office Address of lead member) ( herein after
called the “ Lead Member ” which expression shall include its successors, executors and
permitted assigns ) and a name of members company incorporated under the laws of
companies Act , 1956 India having its registered office at (Office Address of Member)
(herein after called the “ Member ” which expression shall include its successors,
executors and permitted assigns ) for the purpose of entering into a contract against the
Specification for the work of ____________________ projects in the event of an order
placed on the lead member of the consortium by Gujarat Energy Transmission
Corporation Ltd- Baroda (herein after called the owner) at Sardar Patel Vidhyut Bhavan,
Race course- Baroda.
Contd…2
Seal & Signature of Bidder
PAGE-2
WHEREAS the owner invited bids as per the specification mentioned above for the said
project on turnkey basis.
Name of lead member (hereinafter called the lead member) and Name of member
(hereinafter called the member) both have established their goodwill in the area of
erection of EHV lines and the manufacturing of tower materials by executing prestigious
orders entrusted to them by various patrons.
The BID shall be signed by the lead member but it will be legally binding to the member
also and they will be jointly and severally liable to perform the contract and all other
obligations required for the successful execution of the project awarded to them.
9. In the event of an order placed on the members of the consortium by any other
Electricity Boards/ Corporations/Private Sectors the work of the owner (If awarded),
shall be executed by all the members of the consortium as per the terms & Conditions
of the tender specification mentioned above.
10. The commitments made and the liabilities incurred by the lead members and the
member shall be binding on both and shall be jointly and severally responsible for the
faithful execution of the contract as per the contract terms of the owner.
11. The member of the consortium after manufacturing the material will dispatch the
Same in time directly to the owner or at the destination as may be intimated by the
Lead member.
12. It is further agreed that the consortium shall be irrevocable and shall be integral part
of the contact. This consortium shall continue to be in force till the contract is fully
Executed.
IN WITHNESS WHERE OF the members of this consortium have signed and affixed
seals of their companies on the day, month and year mentioned above.
Signature……………………….. Signature……………………..
Name: Name:
Designation: Designation:
Seal of Co. Seal of Co.
WITNESS:
Designation: Designation:
Occupation: Occupation:
ERECTION CAPACITY: