Mcl Washery Tender_joint Deed Of Undertaking_consortium Member_set Up And Operating Exp.

CMPDI APPENDIX – 13 Bidder i.e. Lead Member seeking Qualification having its own strength under Cl. 5.2 of RFQ Document and bidding as per Cl. No. 5.1.4 (b) (iii) of RFQ Document PROFORMA OF JOINT DEED OF UNDERTAKING (JDU) TO BE JOINTLY EXECUTED BY THE BIDDER i.e. LEAD MEMBER AND HIS ASSOCIATE(S) (on the strength of other associate(s) collectively meeting both the TQR i.e. set up and operation as per Cl. No. 5.1.4 (b) (ii) of RFQ. The bidder i.e. Lead Member has to meet atleast Clause no. 5.2 of RFQ) (TO BE FURNISHED IN NON-JUDICIAL STAMP PAPER OF AP PROPRIATE VALUE IN ACCORDANCE WITH STAMP ACT) [To be submitted before signing of the Contract by the Bidder i.e. Member]

Lead

This JOINT DEED OF UNDERTAKING (JDU) executed on this 23rd day of November two thousand nine by M/s OSD Coke Pvt. Ltd., a Company registered under the provisions of The Companies Act, 1956 having its registered office at Flat No.35, Karnani Estate, 209 A.J.C. Bose Road, Kolkata-700017, West Bengal, hereinafter

called “the Bidder" i.e. Lead Member (LM), which expression shall

unless repugnant to the context or meaning thereof, include its successors-ininterest, administrators, executors and permitted assigns and (1) M/s ........................., a Company registered

under

the

……………… Act, having its …………..

(registered/principal/head etc.) office at …………………. (2) M/s ........................., a Company registered under the ……………… Act, having its ………….. (registered/principal/head etc.) office at …………………. & (3) M/s Jindal Steel & Power Ltd., a Company registered under the provisions of The Companies Act, 1956 having its registered office at OP Jindal Road, Hisar-125005, Haryana, respectively hereinafter called “the Associate 1, 2 & 3* respectively”

which

expression shall unless repugnant to the context or meaning thereof, include its/ their successors-in-interest, administrators, executors and permitted assigns in favour

of

Mahanadi

Coalfields Limited,

a company incorporated under the

Companies Act, 1956, having its Registered Office at Jagriti Vihar, Burla (Pin -768020), Sambalpur, Orissa (hereinafter called “Owner”/ “Company” which expression shall unless repugnant to the context or meaning thereof, include its successors-in-interest, administrators, executors and assigns).

Job No.311707243

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Signature of Bidder with Seal and Date

CMPDI WHEREAS the Owner has invited Proposal for Jagannath Washery in Jagannath Area of MCL on “Build–Operate-Maintain” (BOM) concept, vide its Bid Notice No./ Bid Document No.MCL/SAMB/CIVIL/09-10/1214 dated 29.08.2009 AND WHEREAS, M/s OSD Coke Pvt. Ltd. (the Bidder/ LM) has submitted its Proposal bearing Ref. No. ...................... dated ................. based on MoU dated ……….. in association with (1) M/s ........................., (2) M/s ......................... & (3) M/s Jindal Steel & Power Ltd.*, (the Associate 1, 2 & 3 respectively) and this Deed of Joint Undertaking under these presents and the proposal, in accordance with the requirements of cl. no. 6.4.1 of RFQ Document, have been signed jointly by us. AND WHEREAS M/s OSD Coke Pvt. Ltd. (the Bidder/ LM) have requisite FQR of Clause 5.2 of Qualifying Requirements, Chapter-5 of RFQ of Bid Document and is entitled to bid under Clause 5.1.4 (b) (iii) of Associate/ Consortium Route of Chapter-5 of RFQ of the Bid Document, as the Bidder associates with (1) M/s ........................., (2) M/s ......................... & (3) M/s Jindal Steel & Power ltd. *. M/s ………………. (Associate 1) has experience of Set-up/ Operation/ None*, M/s ………………. (Associate 2) has experience of Set-up/ Operation/ None* and M/s Jindal Steel & Power Ltd. (Associate 3) has experience of Set-up and Operation and thus after association, the Bidder & his Associate(s) collectively meet the requirements of plant set-up under Cl. No. 5.1.1 and of plant operation as per Cl. No. 5.1.2 of Qualifying Requirements, Chapter-5 of RFQ of Bid Document. The said Bidder (LM) and its Associate(s) hereby furnish an undertaking that they shall be held jointly and severally responsible and bound unto Owner for Setting up of Coal Washery as well as performance of the Contract for the period for which the association has entered into this JDU, fully meeting the parameters guaranteed for the Coal Washery as per the bidding documents/ specifications including furnishing Financial Securities, in the event the Proposal is accepted by the Owner, resulting in a Contract (hereinafter called the "Contract").

Job No.311707243

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Signature of Bidder with Seal and Date

CMPDI The role, tenure & % stake of the members of the Association/ Consortium is as given hereafter : Sl. No.

Name of Bidder (LM) Role of Bidder/ Tenure of & Associate/ Associate/ Consortium Association** Consortium partners partners (set up/ operation/ Financial Qualification(FQ)/ None) M/s OSD Coke Pvt. FQ Ltd. (Bidder i.e. LM)

Entire Contract Period

M/s……(Associate 1)

Set up/ Operation/ None*

………………………

M/s……(Associate 2)

Set up/ Operation/ None*

………………………

M/s Jindal Steel & Set up & Operation Power Ltd.(Associate 3)

Entire Contract Period

NOW THEREFORE, THIS DEED Witnesseth as Under : 1.0 That in consideration of the Award of the Contract by the Owner to M/s OSD Coke Pvt. Ltd. (the Bidder i.e. LM), we, the aforesaid Bidder (LM) and the Associate(s), will jointly and severally be responsible in accordance with the Contract to Owner for successful Setting up of Coal Washery as well as performance of the Contract, fully meeting the guaranteed parameters required as per the Contract Specification. 2.0 The Bidder (LM) alongwith the Associate(s) having the experience of set up and associate(s) having the experience of operation shall have responsibility of set up and operation & maintenance of the plant for entire term of the contract. 2.1 Without prejudice to the generality of the undertaking in paragraph 1.0 above, the manner of achieving the objective set-forth in paragraph 1.0 above shall be as follows: a) M/s Jindal Steel & Power Ltd. (name of the Associate(s) having Technical Qualification Requirement as per Cl. No. 5.1.1 of RFQ Document) shall be required to furnish the design and to advise and provide necessary technical assistance to M/s OSD Coke Pvt. Ltd.. Job No.311707243

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Signature of Bidder with Seal and Date

% Stake in association

CMPDI (the Bidder i.e. LM) for the design of the Coal Washery, their quality surveillance during manufacture, erection & commissioning and performance testing both at the works site. All such Associate(s) further shall depute their technical experts from time to time to the project site to facilitate successful performance of the Coal Washery, as stipulated in the aforesaid Bidding Documents. Other Associate(s) shall also render all the assistance during the period of set up other than their assistance during operation of the plant for performance of the contract. b) The Associate(s) will be responsible to make detailed drawings, supply, erect, commission and carry out the performance tests of the Coal Washery, in accordance with the Bidder’s consent. c) In the event, the Associate(s) and the Bidder (LM) fail to demonstrate successful performance of the Coal Washery, as set forth in the Bidding Documents, the Associate(s) and the Bidder (LM) will be jointly responsible for taking proper corrective measures. d) Implementation of the corrected design and all other necessary corrective repairs, replacements or modifications to the Coal Washery, if required, shall be the joint responsibility of the Associate(s) & the Bidder (LM). e) The Associate(s) will be fully responsible for the quality of all the equipment/ main assemblies/ components manufactured at its works or at its Vendor's works and, if necessary, their repair or replacement, for incorporation in the Coal Washery, and timely completion as per the Contract. f) However, the Associate(s) having experience of set up as per Cl. No. 5.1.1 of the RFQ Document shall have exclusive responsibility of setting up of the said washery and also have responsibility in general for operation & maintenance of the plant as per the tenure specified in this JDU.

Job No.311707243

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Signature of Bidder with Seal and Date

CMPDI 2.2 We, the Bidder (LM) and the Associate(s) are fully aware that for nonfulfillment of any of the obligations either towards “set up” and/ or towards “operation & maintenance”, the Owner is free to take up the matter either with the Lead Member and/ or any or all of the Associate(s) as per the Owner’s convenience. 3.0 This Joint Deed of Undertaking shall be construed and interpreted in accordance with the Laws of India. Sambalpur Court, Orissa & High Court of Orissa, Cuttack only shall have exclusive jurisdiction in all matters arising thereunder. 4.0

We, the Bidder (LM) and the Associate(s), undertake not to revoke this

Undertaking for the full

term of

the

Contract or until a minimum period as

stipulated in this JDU and further stipulate that the undertaking herein contained shall terminate upon satisfactory completion of such period. We further agree that this Undertaking shall be without prejudice to the various liabilities of the Bidder (LM), including the Financial Security as well as other obligations of the Bidder (LM) in terms of the Contract. 5.0 In case of award, the Bidder (LM) & his Associate(s) shall furnish a Financial Security in proportion to their respective stakes (in INR) in favour of the Owner from any reputed commercial bank @ acceptable to Owner. The value of such

Financial

Security

for

Development Guarantee

and/

or

Contract

Performance Guarantee shall be guaranteed towards the faithful performance/ compliance of this Joint Deed of Undertaking in accordance with the terms & conditions specified herein. The guarantee shall be unconditional, irrevocable and valid as stipulated under the Contract. The guarantee amount shall be payable to Owner on demand without any demur, reservation, protest or contest. 6.0 That this Deed will form an integral part of the Contract awarded to the Bidder (LM) on acceptance of its Proposal and shall be operative from the date of the Contract coming into force. Job No.311707243

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Signature of Bidder with Seal and Date

CMPDI IN WITNESS WHEREOF, the Associate(s) and the Bidder (LM) have, through their authorised representatives, set their hands and seal on the day, month and year first mentioned above. For and on behalf of M/s OSD Coke Pvt. Ltd. Signature …………………………………. (the Authorised Signatory) Name of the Signatory ……………………………………….. Designation …………………………… Company’s …………………………. Stamp / Seal WITNEESS (1) Signature …………………………..

WITNEESS (2) Signature …………………………..

Name ………………………………..

Name ………………………………..

Official …………………………

Address Official …………………………

Address

ASSOCIATE(S) For and on behalf of (1) M/s ………(2) M/s ………(3) M/s Jindal Steel & Power Ltd.* (Name of the Associates) Signature (1) M/s …………(2) M/s …………(3) M/s ……………* (Authorised Signatory) Name of the Signatory (1) .…………(2) ………………(3) …………………* Designation (1) .………………. (2) …………… (3) …………………* Company’s (1) .………………. (2) ………………(3) ………………...* Stamp/Seal WITNEESS (1) WITNEESS (2) Signature ………………………….. Signature ………………………….. Name ……………………………….. Official …………………………

Name ………………………………..

Address Official …………………………

Address

@ The Bank Guarantee shall be from any of the Bank listed in Bidding Documents. * Strike out whichever is not applicable. Job No.311707243

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Signature of Bidder with Seal and Date

CMPDI ** Association/ Consortium formed for execution of this subject work will be effective from the date of signing of the Contract. However, so far as its tenure after commercial operation is concerned, it will be as follows: Bidder i.e. Lead Member

: Entire Contract period

Associate with experience of set up/ None

: Two years Or More than two years but less than 10 years (no. of years to be specified) Or Entire Contract period

Associate with experience of operation

: As per Cl. No. 5.1.4 (b) of RFQ Document

Job No.311707243

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Signature of Bidder with Seal and Date