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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. Lead
Member]

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-in-
interest, 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 A – 29 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 A – 30 Signature of Bidder
with Seal and Date

CMPDI
The role, tenure & % stake of the members of the Association/ Consortium is as given
hereafter :

Sl. Name of Bidder (LM) Role of Bidder/ Tenure of % Stake in


No. & Associate/ Associate/ Consortium Association** association
Consortium partners partners
(set up/ operation/
Financial
Qualification(FQ)/ None)

M/s OSD Coke Pvt. FQ Entire Contract Period


Ltd. (Bidder i.e. LM)

M/s……(Associate 1) Set up/ Operation/ None* ………………………

M/s……(Associate 2) Set up/ Operation/ None* ………………………

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

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 A – 31 Signature of Bidder


with Seal and Date
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 A – 32 Signature of Bidder


with Seal and Date
CMPDI
2.2 We, the Bidder (LM) and the Associate(s) are fully aware that for non-
fulfillment 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 A – 33 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) WITNEESS (2)


Signature ………………………….. 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 ……………………………….. Name ………………………………..

Official 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 A – 34 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 A – 35 Signature of Bidder


with Seal and Date