annex 1

Transcripción

annex 1

COMISION NACIONAL DE ENERGIA ELECTRICA
4ª avenida 15-70 zona 10, Edificio Paladium, nivel 12, Guatemala, C.A.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Sitio web: www.cnee.gob.gt; e-mail: [email protected]
ANNEX 1
TECHNICAL SPECIFICATIONS
1. GENERAL CONSIDERATIONS
The object of this Annex is to provide the technical information, to all Interested
parties in submitting Bids to participate in the Open Bidding PET-1-2009 for the
Annual Canon per Lot, for rendering the Electric Power Transmission Services –
STEE (by its acronym in Spanish)-, by means of contracting, on the part of the
Awarded or Adjudged Bidder, the design, construction, constitution of the Right
of Ways, Supervision, operation and maintenance of the Transmission Works,
considered in the Plan of Expansion of the Transmission System 2008 - 2018.
All that is not indicated explicitly in the present Annex, it does not exempt the
Bidder from the liability that the Transmission Works include all the necessary
components, so that the same operate under the quality, safety and reliability
criteria established in the General Law of Electricity, its applicable Regulation
and norms.
The requirements indicated in the present Annex, make reference to the
minimum requirements that shall be fulfilled for the realization of the Transmission
Works related to each one of the Lots and in the submission of a Bid, therefore,
the Bidder shall consider aspects and details that may not be considered in the
present Annex, and that according to Good Engineering Practices (GEP) they
are necessary for the realization of the design, construction, constitution of the
Right of Ways, supply, transportation, assembly, tests, operation and
maintenance of the Transmission Works.
Data related to the meteorological conditions of the geographical areas that
can be used by the Bidder for the design and construction activities, it can be
obtained at the Instituto Nacional de Sismología, Vulcanología Meteorología e
Hidrología de Guatemala –INSIVUMEH– (National Institute of Seismology,
Volcanology, Meteorology, and Hydrology of Guatemala – INSIVUMEH- [by its
acronym in Spanish]) - or from the source that he considers pertinent.
Geographic and geological data that it can be used by the Bidder for the
design, construction, and constitution of Right of Ways activities, it can be
obtained at the Instituto Geográfico Nacional –IGN– (National Geographic
Institute – IGN- [by its acronym in Spanish])- or from the source that he considers
pertinent.
1.1.
Layout of the New Transmission Lines and Location of New Substations:
Resolution CNEE-43-2009
Página Page 58 of 137
Tel. PBX: (502) 23664218; Fax: (502) 23664202
All the lengths, trajectory, and location of the New Transmission Lines and New
Substations of each one of the Lots, specified in this Annex, are referential and
are based on preliminary considerations, therefore, the calculations, and
appraisals or valuations that the Bidder carries out for effects of the preparation
and submission of his Bid, they shall be based on his own analyzes, studies,
researches or investigations, or examinations.
1.2.
Generalities of the New Substations
For the case of the New Substations of transformation 230/69 kV and 230/138 kV,
the 230 kV side shall have single line diagram of one-and-a-half breaker and for
the case of the 138 or 69 kV side, it shall have single line diagram of double
busbar with a breaker and double sectionalizing switch as well as a coupling
breaker with double sectionalizing switch, as it is shown in the single-wire
diagrams next:
Diagram A: Single line diagram of double busbar with breaker and double
sectionalizing switch, with coupling breaker and double sectionalizing switch.
Diagram B: Single line diagram of one-and-a-half breaker.
The New Substations shall be of the conventional type or insulated in gas (Gas
Insulated Substation –GIS), being responsibility or liability of the Bidder, the
election of anyone of these technologies, to elaborate his Bid.
When reference is made to reserve bays, it shall be understood as non-equipped
physical spaces that have infrastructure (busbars, frames, ground mesh, etc.) to
incorporate new connection equipment.
The Bidder shall consider in his Bid sufficient land area, for each New Substation,
to incorporate new bays, which are additional to the number of equipped and
reserve bays.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
The location of the New Substations provided by the CNEE, according to
numeral 1,6 of the present Annex, is referential, therefore, the Bidder shall
consider in his Bid the identification, selection, location and acquisition of the
land, for the construction of the New Substations of each bided Lot within the
geographical area with a radius of up to 5 km from the referential point, in
accordance with his design criteria, topographical conditions of the place, the
accessibility of the New Transmission Lines and Good Engineering Practices
(GEP); except if for any New Substation the opposite is indicated in its minimum
specifications.
The applied safe distances in the New Substations shall fulfill the guidelines
expressed in Resolution CNEE-47-99 by which the NTDOID and the applicable
international normative are issued.
All the materials and equipment shall have a level of seismic performance
suitable to the local conditions of the facility, in accordance with that specified
by the INSIVUMEH or with the source of information in the matter that it considers
convenient.
1.3.
Generalities of the New Transmission Lines
The layout or outline of the New Transmission Lines provided by the CNEE is
referential, therefore it is responsibility or liability of the Bidder to consider in the
elaboration of his Bid the outline that adapts better with respect to the location
for each substation, based on topographic and demographic criteria of the
area in which the New Transmission Lines will be constructed, as well as Good
Engineering Practices (GEP).
All the New Transmission Lines shall be supported by Steel Lattice Tower structure
type, post of concrete or metal post, being the election of these technologies to
the criterion of the Bidder, according to Good Engineering Practices (GEP).
1.4.
Summary of the Transmission Works of each Lot
1.4.1. LOT A
Lot A counts on the following Transmission Works that belong to the Anillo
Metropacífico (Metro-Pacific Mesh):
i.
ii.
iii.
iv.
Lo de Reyes Substation 230 kV,
Guate Oeste Substation 230/69 kV, 195 MVA,
Las Cruces Substation 230 kV,
Palín Substation 230/69 kV, 195 MVA,
Tel. PBX: (502) 23664218; Fax: (502) 23664202
v. Pacífico Substation 230 kV,
vi. La Vega 2 Substation 230 kV,
vii. Guate Oeste – Lo de Reyes Transmission Line 230 kV, with an approximate
length of 19 km,
viii. Las Cruces-Guate Oeste Transmission Line 230 kV, with an approximate
length of 9 km,
ix. Las Cruces - Palín Transmission Line 230 kV, with an approximate length of
37 km,
x. Palín – Pacífico Transmission Line 230 kV, with an approximate length of 18
km,
xi. Pacífico - Escuintla 2 Transmission Line 230 kV, with an approximate length
of 5km,
xii. Adapting Works in 230 kV in the Escuintla 2 Substation,
xiii. Adapting Works in 230 kV in the La Vega 2 Substation.
1.4.2. . LOT B
Lot B counts on the following Transmission Works that belong to the Anillo
Hidráulico (Hydraulic Mesh):
i.
ii.
iii.
iv.
v.
Covadonga Substation 230 kV,
San Juan Ixcoy Substation 230 kV,
Santa Eulalia Substation 230 kV,
Huehuetenango II Substation 230/138 kV, 150 MVA,
Covadonga – Uspantán Transmission Line 230 kV, with an approximate
length of 43 km,
vi. San Juan Ixcoy – Covadonga Transmission Line 230 kV, with an
approximate length of 14 km,
vii. Santa Eulalia - San Juan Ixcoy Transmission Line 230 kV, with an
viii. Santa Eulalia - Huehuetenango II Transmission Line 230 kV, with an
ix. Huehuetenango II – La Esperanza 230 kV with an approximate length of
34 km,
x. Adapting Works in 138 kV at Huehuetenango II Substation,
xi. Adapting Works in 230 kV at Huehuetenango II Substation,
xii. Adapting Works in 230 kV at La Esperanza Substation,
xiii. Adapting Works in 230 kV at Uspantán Substation.
1.4.3. . LOT C
Lot C counts on the following Transmission Works that belong to Anillo Atlántico
(Atlantic Mesh):
i. La Ruidosa Substation 230/69 kV, 150 MVA,
Tel. PBX: (502) 23664218; Fax: (502) 23664202
ii. La Ruidosa – Panaluya Transmission Line, 230 kV with an approximate
length of 102 km,
iii. Adapting Works in 69 kV at La Ruidosa Existent Substation,
iv. Adapting Works in 230 kV at the Panaluya Substation.
1.4.4. LOT D
Lot D counts on the following Transmission Works that belong to Anillo Atlántico
(Atlantic Mesh):
i. El Estor Substation 230/69 kV, 150 MVA,
ii. Tactic - El Estor Transmission Line, 230 kV with an approximate length of
116 km,
iii. El Estor – La Ruidosa Transmission Line, 230 kV with and approximate
length of 70 km,
iv. Adapting Works in 69 kV at El Estor Existent Substation,
v. Adapting Works in 230 kV at Tactic Substation,
vi. Adapting Works in 230 kV at La Ruidosa Substation 230 kV.
1.4.5. LOT E
Lot E counts on the following Transmission Works that belong to the Anillos
Hidráulico and Atlántico (Hydraulic and Atlantic Meshes):
i. El Rancho Substation 230/69 kV, 150 MVA,
ii. Chixoy II – El Rancho Transmission Line, 230 kV with an approximate
length of 115 km,
iii. Adapting Works in 69 kV at El Rancho Existent Substation,
iv. Adapting Works in 230 kV at Chixoy II Substation.
1.4.6. LOT F
Lot F counts on the following Transmission Works that belong to Anillo Occidental
(Western Mesh):
i. Sololá Substation 230/69 kV, 150 MVA,
ii. Guate Sur – Las Cruces Transmission Line 230 kV with an approximate
length of 27 km,
iii. Las Cruces – Sololá Transmission Line 230 kV with an approximate length
of 62 km,
iv. Sololá – La Esperanza Transmission Line 230 kV with an approximate
length of 51 km,
v. Adapting Works of the Transmission Line in 69 kV Sololá - El Quiché and
connection at Sololá New Substation 230 kV,
vi. Adapting Works in 230 kV at Guate Sur Existent Substation,
vii. Adapting Works in 230 kV at Las Cruces New Substation,
viii. Adapting Works in 230 kV at La Esperanza Existent Substation.
1.5.
Programmed date of Commercial Operation by Lot
Tel. PBX: (502) 23664218; Fax: (502) 23664202
The following table shows the Programmed Date of Beginning of Construction
and the Programmed Date of Commercial Operation of the Transmission Works
by Lot, which shall be of obligatory fulfillment for the Awarded or Adjudged
Bidder of each Lot.
A
Programmed date of Beginning of
Construction
01/03/2010
Programmed date of Commercial
Operation
01/05/2013
B
01/03/2010
01/05/2013
C
01/03/2010
01/05/2013
D
01/03/2010
01/05/2013
E
01/03/2010
01/05/2013
F
01/03/2010
01/05/2013
Lot
1.6.
Complementary information
Additionally to the information provided in this Annex, it shall be given in
electronic format to the Interested Party, subject to confidentiality, the following
technical and referential information:
a) Referential outline of the New Transmission Lines and referential location of
the New Substations by Lot in high resolution PDF and JPEG format.
b) Referential outline of the New Transmission Lines and referential location of
the New Substations by Lot in KMZ format of Google Earth®.
c) Referential outline of the New Transmission Lines and referential location of
the New Substations by Lot in ArcReader® format including installer of the
program.
2.
SPECIFICATIONS OF THE INTERCONNECTED NATIONAL ELECTRICAL POWER
SYSTEM (INEPS)
The minimum parameters of the INS are established next, therefore, if the Bidder
needs more information to carry out his design, he shall research or investigate
by his account the additional parameters that he requires and shall take into
account the normative in force.
2.1. Parameters of the System:
Nominal tension of the phase to phase system: 230 kV, 138 kV, 69 kV, 34.5 kV,
13.8 kV.
Tolerance of the regulation of voltage with respect to the nominal value: +/- 5%
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Nominal frequency: 60 Hertz.
2.2. Short Circuit Levels
The circuit breaker or circuit switching capacity assigned to the equipment that
shall be part of the Transmission Works, it shall not be smaller than 40 kA for the
facilities of 230 kV and for the case of the facilities of 138kV and 69 kV, it shall be
equal or greater than the circuit breaker or circuiting switch capacity of the
existing equipment in the adjacent ends.
3.
DESCRIPTION OF LOT A
The Transmission Works consist of the design, constitution of Right of Ways, supply,
transportation, construction, assembly, tests, operation and maintenance of the
following:
a.
b.
c.
d.
e.
f.
g.
Lo de Reyes Substation 230 kV,
Guate Oeste Substation 230/69 kV, 195 MVA,
Las Cruces Substation 230 kV,
Palín Substation 230/69 kV, 195 MVA,
Pacífico Substation 230 kV,
La Vega 2 Substation 230 kV,
Guate Oeste – Lo de Reyes Transmission Line 230 kV, with an
h. Las Cruces - Guate Oeste Transmission Line 230 kV, with an
i. Las Cruces - Palín Transmission Line 230 kV, with an approximate
length of 37 km,
j. Palín – Pacífico Transmission Line 230 kV, with an approximate length
of 18 km,
k. Pacífico - Escuintla 2, Transmission Line 230 kV, with an approximate
length of 5 km,
l. Adapting Works in 230 kV at Escuintla 2 Substation,
m. Adapting Works in 230 kV at La Vega 2 Substation.
The following figure shows the referential location of Transmission Works.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Tel. PBX: (502) 23664218; Fax: (502) 23664202
3.1. Borders of Lot A
Taking into account the Interconnected National Electrical Power System (INEPS)
at the present time, next are defined the Transmission Works that shall be
interconnected to the existing facilities, which shall be the borders of Lot A:
a. Lo de Reyes Substation sections the existent double circuit Transmission
Line that interconnects the Tactic and Guate Norte Substations.
b. Escuintla 2 Substation which is interconnected with the Pacífico-Escuintla 2
New Transmission Line, 230 kV.
c. La Vega 2 Substation that shall be interconnected with Guate Este –
Jalpatagua existent Transmission Line 230 kV.
3.2. Description of the New Substations
Next appears the description of the New Substations that are part of Lot A.
3.2.1. Lo de Reyes Substation 230 kV
The Lo de Reyes Substation is constituted as an operation substation of 230 kV
starting from the sectioning of the line of 230 kV that interconnects the Tactic
and Guate Norte Substations, both property of the Empresa de Transporte y
Control de Energía Eléctrica del INDE –ETCEE- (Electric Power Transportation and
Control Company of INDE –ETCEE- [by its acronym in Spanish]), the same shall
have:
i.
Two equipped bays of 230 kV that shall be used to receive the double
circuit line proceeding from the Tactic Substation,
ii.
Two equipped bays of 230 kV to receive the double circuit line
proceeding from the Guate Norte Substation,
iii.
Two equipped bays of 230 kV to receive the double circuit lines
proceeding from the Guate Oeste Substation,
iv.
Two reserve bays, one bay shall be for the facilities of future
transformation.
v.
The land area necessary to incorporate two additional reserve bays of 230
kV.
vi.
The land area necessary to incorporate busbars of 69kV and
transformation, in accordance with that established in numeral 3.2.1, and
three bays.
3.2.2. Guate Oeste Substation 230/69 kV, 195 MVA
The Guate Oeste Substation is constituted as a transformation substation 230/69
kV, shall have:
i.
Two equipped bays of 230 kV that will be used to receive the New
Transmission Line of double circuit proceeding from Las Cruces Substation,
ii.
Two equipped bays of 230 kV to receive the New Transmission Line of
double circuit proceeding from Lo de Reyes Substation,
Tel. PBX: (502) 23664218; Fax: (502) 23664202
iii.
iv.
v.
An equipped transformation bay 230/69 kV made up of three single-phase
units of 65 MVA of continuous service and one reserve unit of 65 MVA. The
total capacity of 195 MVA makes reference to the nominal power that the
transformers can transport under the maximum cooling stage considering
the conditions of altitude above sea level and the room temperature
where the substation will be located.
Three reserve bays of 230 kV.
Necessary infrastructure to incorporate busbars of 69kV and
four reserve bays.
3.2.3. Las Cruces Substation 230 kV
Las Cruces Substation is constituted as an operation substation of 230 kV that it
shall have:
i.
Two equipped line bays of 230 kV to receive the New Transmission Line of
double circuit that shall come from the Palín Substation,
ii.
Two equipped line bays of 230 kV to receive the New Transmission Line of
double circuit that shall come from the Guate Oeste Substation,
iii.
Four reserve bays of 230 kV, one bay shall be used for the installation of
future transformation.
iv.
kV.
v.
three bays.
3.2.4. Palín Substation 230/69 kV, 195 MVA
The Palín Substation is constituted as a transformation substation 230/69 kV that it
shall have:
i.
Two equipped bays of 230 kV that shall be used to receive the New
double circuit Transmission Line proceeding from the Pacífico Substation,
ii.
Two equipped bays of 230 kV to receive the New double circuit
Transmission Line proceeding from the Las Cruces Substation,
iii.
where the substation shall be located.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
iv.
v.
vii.
viii.
ix.
x.
kV.
four reserve bays.
An equipped bay in the New Substation to interconnect the busbars of 69
kV with the Palín existent Substation 69 kV.
An equipped bay in the Palín existent Substation 69 kV to interconnect the
busbars of 69 kV with the New Substation.
A Link of 69 kV between the busbusbars of the existent Substation and the
New Substation with length equivalent to the distance between both
substations.
3.2.5. Pacífico Substation 230 kV
Pacífico Substation is constituted as an operation substation of 230 kV that it shall
have:
i.
Two equipped bays that shall be used to receive the New Transmission
Line proceeding from the Escuintla 2 Substation,
ii.
Two equipped bays to receive the New double circuit Transmission Line
proceeding from the Palín substation,
iii.
Four reserve bays of 230 kV,
iv.
kV.
3.2.6. La Vega 2 Substation 230 kV
La Vega 2 Substation is constituted as an operation substation of 230 kV starting
from the sectioning of the line of 230 kV that interconnects the Guate Este and
Jalpatagua Substations, the same shall have:
i. An equipped bay of 230 kV that will be used to receive the existent single
circuit Transmission Line that comes from the Guate Este Substation,
ii. Two equipped bays of 230 kV to receive the single circuit line that starts off
towards the Jalpatagua Substation,
iii. An equipped bay of 230 kV to receive the single circuit line that starts off
towards the Aguacapa Existent Substation,
iv. Four reserve bays of 230 kV,
v. The land area necessary to incorporate busbars of 69kV and
two bays.
3.3. Description of the New Transmission Lines
Next appears a description of the New Transmission Lines.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
3.3.1. Guate Oeste – Lo de Reyes Transmission Line 230 kV
This New Transmission Line shall interconnect the Guate Oeste and Lo de Reyes
Substations, which are placed respectively in a referential way to the West and
to the north of the department of Guatemala; it shall count on two circuits
prepared in self-supported structures, being its approximate length of 19 km.
3.3.2. Las Cruces - Guate Oeste Transmission Line 230 kV
This New Transmission Line shall interconnect Las Cruces and Guate Oeste
Substations, which are placed respectively in a referential way to the North of
the department of Sacatepéquez and to the West of the department of
Guatemala; it shall count on two circuits prepared in self-supported structures,
being its approximate length of 9 km.
3.3.3. Las Cruces – Palín Transmission Line 230 kV
This New Transmission Line shall interconnect Las Cruces and Palín Substations,
which are placed respectively in a referential way to the North of the
department of Sacatepéquez and to the North of the department of Escuintla; it
shall count on two circuits prepared in self-supported structures, being its
approximate length of 37 km.
3.3.4. Palín - Pacífico Transmission Line 230 kV
This New Transmission Line shall interconnect the Palín and Pacífico Substations,
which are placed in a referential way to the North of the department of
Escuintla; it shall count on two circuits prepared in self-supported structures,
3.3.5. Pacífico - Escuintla 2 Transmission Line, 230 kV
This New Transmission Line shall interconnect the Pacífico New Substation and
Escuintla 2 Existent Substation, which are located to the North of the department
of Escuintla; it shall count on two circuits prepared in self-supported structures,
3.4. Additional Transmission Works associated to Lot A
3.4.1. Adapting Works in Escuintla 2 Substation
Escuintla 2 Substation is an operation existent substation of 230 kV, property of
Empresa de Transporte y Control de Energía Eléctrica –ETCEE – (Electric Power
Transportation and Control Company –ETCEE- [by its acronym in Spanish]).
The extensions in the Escuintla 2 Substation shall include:
i.
Two equipped line bays of 230 kV to receive the double circuit
Transmission Line proceeding from the Pacífico Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
3.4.2. Adapting Works in La Vega 2 Substation
The Adapting Works in La Vega 2 Substation shall include:
i.
Opening of the Transmission Line 230 kV that starts off from the Aguacapa
Substation and goes towards the Border with El Salvador (Project SIEPAC)
and subsequent connection to La Vega 2 Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Table 1: Summary of the New Substation Characteristics of Lot A
Voltage
[kV]
Capacity [MVA]
230
OHB
Operation
Palín
Substation
Type
Configuration
Lo de Reyes
Operation
Guate Oeste
Transformation
Las Cruces
Bays 230 [kV]
Bays 69 [kV]
Equipped
Reserve
Area
Equipped
Reserve
Area
NA
6
2
2
0
0
5
230/69
195
5
3
0
2
4
0
OHB
230
NA
4
4
2
0
0
5
Transformation
OHB
230/69
195
5
3
2
3
4
0
Pacífico
Operation
OHB
230
NA
4
4
2
NA
NA
NA
La Vega 2
Operation
OHB
230
NA
4
4
0
0
0
5
OHB = One-and-a-Half Breaker, SB = Single Busbar, DB = Double Busbar, NA = Non applicable.
Table 2: Summary of the Existent Substation Characteristics Related to Lot A
Substation
Type
Configuration
Voltage [kV]
Capacity [MVA]
Palín
Operation
SB
69
Escuintla 2
Operation
DB
230
Bays 230 [kV]
Equipped
Reserve
Area
Equipped
Reserve
Area
0
NA
NA
NA
1
0
0
0
2
0
0
NA
NA
NA
Table 3: Summary of the Line Characteristics of Lot A
Line
Voltage
[kV]
Length [km]
Capacity by
circuit [A]
Circuits
Lo de Reyes - Guate Oeste
230
19
1100
2
Guate Oeste – Las Cruces
230
9
1100
2
Las Cruces – Palín
230
37
1100
2
Palín – Pacífico
230
18
1100
2
Pacífico - Escuintla 2
230
5
1100
2
Bays 69 [kV]
Tel. PBX: (502) 23664218; Fax: (502) 23664202
4.
DESCRIPTION OF LOT B
following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
Covadonga Substation 230 kV,
San Juan Ixcoy Substation 230 kV,
Santa Eulalia Substation 230 kV,
Huehuetenango II Substation 230/138 kV, 150 MVA,
Covadonga - Uspantán Transmission Line 230 kV, with approximate length of
43 km,
San Juan Ixcoy - Covadonga Transmission Line 230 kV, with approximate
length of 14 km,
Santa Eulalia - San Juan Ixcoy Transmission Line 230 kV, with approximate
length of 12 km,
Santa Eulalia - Huehuetenango II Transmission Line 230 kV, with approximate
length of 92 km,
Huehuetenango II – La Esperanza Transmission Line 230 kV with approximate
length of 34 km,
Adapting Works in 138 kV at Huehuetenango II Substation,
Adapting Works in 230 kV at Huehuetenango II Substation,
Adapting Works in 230 kV at La Esperanza Substation,
Adapting Works in 230 kV at Uspantán Substation.
The following figure shows the referential location of these works.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Tel. PBX: (502) 23664218; Fax: (502) 23664202
4.1.
Borders of Lot B
at the present time, next are defined the Transmission Works to which the new
facilities will be interconnected and that constitute the borders of Lot B:
a. La Esperanza existent Substation is a transformation substation
230/69/34.5/13.8 kV.
b. Uspantán Substation shall be interconnected with the Transmission Line
proceeding from the Covadonga substation.
4.2. Description of the New Substations
Next appears the description of the New Substations that are part of Lot B.
4.2.1. Covadonga Substation 230 kV
The Covadonga Substation is constituted as an operation substation of 230 kV
that it shall have:
i.
An equipped line bay of 230 kV that shall serve to receive the single circuit
Transmission Line proceeding from the Uspantán Substation,
ii.
An equipped line bay of 230 kV to receive the single circuit Transmission
Line proceeding from the San Juan Ixcoy Substation,
iii.
Four reserve bays of 230 kV.
iv.
The land area necessary to incorporate two additional bays in 230 kV.
For the case of the Covadonga Substation’s location, the Bidder shall have to
consider in the elaboration of his Bid, to construct it in first instance in the
referential point defined in the present Bid Terms and Conditions.
4.2.2. San Juan Ixcoy Substation 230 kV
The San Juan Ixcoy Substation is constituted as an operation substation of 230 kV
that it shall have:
i.
Transmission Line proceeding from the Covadonga substation,
ii.
Transmission Line proceeding from the Santa Eulalia Substation,
iii.
iv.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
4.2.3. Santa Eulalia Substation 230 kV
The Santa Eulalia Substation is constituted as an operation substation of 230 kV
that it shall have:
i.
Transmission Line proceeding from the San Juan Ixcoy Substation,
ii.
Transmission Line proceeding from the Huehuetenango II Substation,
iii.
Four reserve bays of 230 kV, a bay, which shall be used for the facilities of
future transformation.
iv.
v.
two bays.
4.2.4. Huehuetenango II Substation 230/138 kV, 150 MVA
The Huehuetenango II Substation is constituted as a transformation substation
230/138 kV that it shall have:
i.
An equipped line bay of 230 kV that shall be used to receive the single
circuit Transmission Line proceeding from the Santa Eulalia Substation,
ii.
Two equipped line bays of 230 kV to receive the double circuit
Transmission Line proceeding from the La Esperanza Substation,
iii.
Line proceeding from the Covadonga Substation,
iv.
A reserve bay of 230 kV.
v.
vi.
An equipped transformation bay 230/138 kV that shall consist of a
transformer bench made up of three single-phase units of 50 MVA of
continuous service. The total capacity of 150 MVA resulting from the
transformer bench makes reference to the nominal power that the
vii.
Necessary infrastructure to incorporate busbars of 138 kV and
transformation, in accordance with that established in numeral 3.2.1,
viii.
circuit Transmission Line proceeding from the Huehuetenango I Substation,
ix.
Line proceeding from the Pologua Substation.
x.
Two reserve bays of 138 kV.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
4.3. Description of the Transmission Lines
Next it appears a description of the Transmission Lines that form part of Lot B.
4.3.1. Covadonga – Uspantán Transmission Line 230 kV
This New Transmission Line shall interconnect the Covadonga and Uspantán
Substations, which are placed respectively in a referential way to the North-West
and to the East of the department of El Quiché.
For the case of the New Transmission Line that comes together to the
Covadonga Substation, the Bidder shall have to consider in the elaboration of
his Bid, to construct it so that it comes together in first instance in the referential
point defined in the present Bid Terms and Conditions for the Covadonga
Substation.
In principle, this Transmission Line shall count on a single circuit prepared in selfsupported structures designed to support a future circuit, being its approximate
length of 43 km.
4.3.2. San Juan Ixcoy – Covadonga Transmission Line 230 kV
This New Transmission Line shall interconnect the San Juan Ixcoy and
Covadonga Substations, which are placed respectively in a referential way to
the Northeast of the department of Huehuetenango and to the Northwest of the
department of El Quiché.
For the case of the New Transmission Line that comes together to the
Covadonga Substation, the Bidder shall have to consider in the elaboration of
his Bid, to construct it so that it comes together in first instance in the referential
point defined in the present Bid Terms and Conditions for the Covadonga
Substation.
length of 14 km.
4.3.3. Santa Eulalia - San Juan Ixcoy Transmission Line 230 kV
This New Transmission Line will interconnect the Santa Eulalia and San Juan Ixcoy
Substation, which are placed in a referential way to the Northeast of the
department of Huehuetenango.
In principle, this Transmission Line will count on a single circuit prepared in selfsupported structures designed to support a future circuit, being its approximate
length of 12 km.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
4.3.4. Santa Eulalia - Huehuetenango II Transmission Line 230 kV
This New Transmission Line shall interconnect the Santa Eulalia and
Huehuetenango II Substations, which are placed in a referential way to the
Northeast of the department of Huehuetenango and to the Northeast of the
department of Quetzaltenango.
length of 92 km.
4.3.5. Huehuetenango II – La Esperanza Transmission Line 230 kV
This New Transmission Line shall interconnect the Huehuetenango II and La
Esperanza Substations, which are placed respectively in a referential way to the
North and to the Northeast of the department of Quetzaltenango.
length of 34 km.
4.4.
Additional Transmission Works Associated to Lot B
4.4.1. Adapting Works in La Esperanza Substation
La Esperanza Substation is an existent Transformation Substation of 69/13.8 kV,
property of the Electric Power Transportation and Control Company (ETCEE [by
its acronym in Spanish]).
The extensions in La Esperanza Substation shall include:
i.
Line proceeding from the Huehuetenango II Substation.
4.4.2. Adapting Works in the Huehuetenango II Substation
The Adapting Works in the Huehuetenango II Substation, shall include:
i.
Opening of the Transmission Line 138 kV between the Huehuetenango
and Pologua Substations and subsequent connection to the
Huehuetenango II Substation.
ii.
Opening of the Transmission Line 230 kV between the Covadonga and La
Esperanza Substations and subsequent connection to the Huehuetenango
II Substation.
4.4.3. Adapting Works in the Uspantán Substation
Tel. PBX: (502) 23664218; Fax: (502) 23664202
The Adapting Works in the Uspantán substation shall include:
i.
Line proceeding from the Covadonga Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Table 4: Summary of the New Substation Characteristics of Lot B
Bays 230 [kV]
Bays 138 [kV]
Bays 69 [kV]
Substation
Type
Configuration Voltage [kV] Capacity [MVA] Equipped Reserve Area Equipped Reserve Area Equipped Reserve Area
Covadonga
Operation
OHB
230
NA
2
4
2
NA
NA
NA
NA
NA
NA
San Juan Ixcoy
Operation
OHB
230
NA
2
4
2
NA
NA
NA
NA
NA
NA
Santa Eulalia
Operation
OHB
230
NA
2
4
2
NA
NA
NA
0
0
4
OHB
230/138
150
5
1
2
3
2
0
NA
NA
NA
Huehuetenango II Transformation
Table 5: Summary of the Substation Characteristics Associated to Lot B
Substation
Type
Configuration
Voltage [kV]
Uspantán*
Operation
OHB
La Esperanza
Operation
SB
Bays 230 [kV]
Equipped
Reserve
Area
230
1
0
0
230
1
0
0
* The Uspantán Substation 230 kV is a future substation.
Table 6: Summary of the Line Characteristics of Lot B
Line
Voltage
[kV]
Length
[km]
Capacity by circuit [A]
Circuits
Covadonga – Uspantán
230
43
1100
1*
San Juan Ixcoy - Covadonga
230
14
1100
1*
Santa Eulalia - San Juan Ixcoy
230
12
1100
1*
Santa Eulalia - Huehuetenango II
230
92
1100
1*
Huehuetenango II - Hope
230
34
1100
1*
* Lines constructed for a circuit and foreseen for double circuit.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
5. DESCRIPTION OF LOT C
following:
a) La Ruidosa Substation 230/69 kV, 150 MVA,
b) La Ruidosa – Panaluya Transmission Line 230 kV with an approximate length
of 102 km,
c) Adapting Works in 69 kV at La Ruidosa Existent Substation,
d) Adapting Works in 230 kV at the Panaluya Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Tel. PBX: (502) 23664218; Fax: (502) 23664202
5.1. Borders of Lot C
facilities shall be interconnected and that constitute the borders of Lot C:
a. Panaluya Substation is an existent transformation substation 69/34.5/13.8
kV and in process of extension to 230 kV.
b. La Ruidosa Substation is an existent transformation substation 69/34.5 kV.
5.2. Description of the Substations
Next appears the description of the New Substations that are part of Lot C.
3.2.2. La Ruidosa Substation 230/69 kV, 150 MVA
La Ruidosa Substation is constituted as a transformation substation 230/69 kV that
it shall have:
i.
circuit Transmission Line proceeding from the Panaluya Substation,
ii.
iii.
iv.
kV.
xi.
three reserve bays.
xii.
An equipped bay at New Substation to interconnect the busbars of 69 kV
with La Ruidosa existent Substation 69 kV.
xiii.
An equipped bay at La Ruidosa existent Substation 69 kV to interconnect
the busbars of 69 kV with the New Substation.
xiv.
A Link of 69 kV between the busbars of the existent Substation and the
substations.
Next appears a description of the Transmission Lines that form part of Lot C.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
5.3.1. La Ruidosa – Panaluya Transmission Line 230 kV
This New Transmission Line shall interconnect La Ruidosa and Panaluya
Substations, which are placed respectively in a referential way to the East of the
department of Izabal and to the West of the department of Zacapa.
length of 102 km.
5.4.
Additional Transmission Works Associated to Lot C
5.4.1. Adapting Works in the Panaluya Substation
The Bidder shall take into account the equipment of a line bay in 230 kV in the
Panaluya future substation that shall serve as departure point to the line that
starts off towards La Ruidosa future substation.
The Panaluya substation, property of the Empresa de Transporte y Control de
Energía Eléctrica -ETCEE) (Electric Power Transportation and Control Company –
ETCEE- [by its acronym in Spanish]), at the present time is an existent
transformation substation of 69/34.5/13.8 kV and it is in the process of extension
to 230 kV and 138 kV.
The extensions in the Panaluya Substation shall include:
i.
Line proceeding from La Ruidosa Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Table 7: Summary of the New Substation Characteristics of Lot C
Substation
Type
Configuration
Voltage [kV]
Capacity [MVA]
La Ruidosa
Transformation
OHB
230/69
150
Bays 230 [kV]
Bays 69 [kV]
Equipped
Reserve
Area
Equipped
Reserve
Area
2
4
2
3
3
0
Table 8: Summary of the Existent Substation Characteristics Associated to Lot C
Substation
Type
Configuration
Voltage [kV]
Capacity [MVA]
Panaluya*
NA
NA
230
La Ruidosa
Operation
SB
69
Bays 230 [kV]
Equipped
Reserve
Area
Equipped
Reserve
Area
NA
1
0
0
0
0
0
NA
NA
NA
NA
1
0
0
* The Panaluya Substation 230 kV will be a future substation.
Table 9: Summary of the Transmission Line Characteristics of Lot C
Line
Voltage [kV]
Length [km]
Capacity by
circuit [A]
Circuits
La Ruidosa - Panaluya
230
102
1100
1*
* Line constructed for a circuit and foreseen for double circuit.
Bays 69 [kV]
Tel. PBX: (502) 23664218; Fax: (502) 23664202
6. DESCRIPTION OF LOT D
following:
a) El Estor Substation 230/69 kV, 150 MVA,
b) Tactic - El Estor Transmission Line, 230 kV with an approximate length of 116
km,
c) El Estor – La Ruidosa Transmission Line 230 kV with an approximate length of
70 km,
d) Adapting Works in 69 kV in El Estor existent Substation,
e) Adapting Works in 230 kV in Tactic Substation,
f) Adapting Works in 230 kV in La Ruidosa New Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Tel. PBX: (502) 23664218; Fax: (502) 23664202
6.1.
Borders of Lot D
facilities shall be interconnected and that constitute the borders of Lot D:
a. Tactic Substation: The Tactic Substation is an existent transformation
substation 230/69 kV, being the side of 230 the insulated in gas type (Gas
Insulated Breaker -GIS).
b. La Ruidosa Substation: La Ruidosa Substation is an existent transformation
substation 69/34.5 kV whose extension in 230 kV is considered in Lot C
(numeral 5 of the present Annex).
Next appears the description of the New Substations that are part of the present
Lot.
6.2.1. El Estor Substation 230/69 kV, 150 MVA
El Estor Substation is constituted as a transformation substation 230/69 kV that it
shall have:
i.
ii.
iii.
iv.
v.
vi.
circuit Transmission Line proceeding from La Ruidosa Substation,
Line proceeding from the Tactic Substation,
The land area necessary to incorporate an additional reserve bay of 230
kV.
two reserve bays.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
vii.
viii.
ix.
kV to El Estor existing Substation 69 kV.
An equipped bay in El Estor existent Substation 69 kV to interconnect the
busbars of 69 kV with the New Substation.
A Link of 69 kV between the busbars of the existent substation and the
substations.
Next appears a description of the Transmission Lines that form part of the Lot
under discussion.
6.3.1. Tactic - El Estor Transmission Line 230 kV
This New Transmission Line shall interconnect the Tactic and El Estor Substations,
which are placed respectively in a referential way to the South of the
department of Alta Verapaz and to the West of the department of Izabal.
length of 116 km.
6.3.2. El Estor – La Ruidosa Transmission Line 230 kV
This New Transmission Line shall interconnect El Estor and La Ruidosa Substations,
which are placed respectively in a referential way to the West and the East of
the department of Izabal.
length of 70 km.
6.4.
Additional Transmission Works Associated to Lot D
6.4.1. Adapting Works in Tactic Substation
Tactic Substation is an existent Transformation Substation 230/69 kV, the type of
insulated in gas (GIS) in 230 kV, property of the Empresa de Transporte y Control
de Energía Eléctrica –ETCEE – (Electric Power Transportation and Control
Company –ETCEE- [by its acronym in Spanish]).
The extensions in Tactic Substation shall include:
i.
Line proceeding from El Estor Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
6.4.2. Adapting Works in La Ruidosa Substation
La Ruidosa Substation is an existent Transformation Substation 69/34.5 kV,
property of the existent Empresa de Transporte y Control de Energía Eléctrica –
ETCEE – (Electric Power Transportation and Control Company –ETCEE- [by its
acronym in Spanish]), whose extension in 230 kV is considered in the description
of Lot C in the present Annex.
The extensions in La Ruidosa Substation shall include:
i.
Line proceeding from El Estor Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Table 10: Summary of the Transmission Line Characteristics of Lot D
Substation
Type
Configuration
Voltage [kV]
Capacity [MVA]
El Estor
Transformation
OHB
230/69
150
Bays 230 [kV]
Bays 69 [kV]
Equipped
Reserve
Area
Equipped
Reserve
Area
3
4
1
3
3
0
Table 11: Summary of the Transmision Line Characteristics of Lot D
Bays 230 [kV]
Bays 69 [kV]
Substation
Type
Configuration
Voltage [kV]
Capacity [MVA]
El Estor
Operation
SB
69
NA
NA
NA
NA
1
0
0
Tactic
Transformation
DB
230/69
NA
1
0
0
NA
NA
NA
La Ruidosa
Transformation
OHB
230/69
150
1
0
0
NA
NA
NA
Equipped
Reserve Area
Table 12: Summary of the Transmission Line Characteristics of Lot D
Line
Voltage
[kV]
Length [km]
Capacity by
circuit [A]
Circuits
Tactic - El Estor
230
116
1100
1*
El Estor – La Ruidosa
230
70
1100
1*
Equipped
Reserve Area
Tel. PBX: (502) 23664218; Fax: (502) 23664202
7. DESCRIPTION OF LOT E
following:
a) El Rancho Substation 230/69 kV, 150 MVA,
b) Chixoy II - El Rancho, Transmission Lines 230 kV with an approximate
length of 115 km,
c) Adjustmet Works in 69 kV in El Rancho Existent Substation,
d) Adapting Works in 230 kV in Chixoy II Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Tel. PBX: (502) 23664218; Fax: (502) 23664202
7.1.
Borders of Lot E
at the present time, next are defined the Transmission Works that shall be
interconnected to the future facilities, those that shall be the borders of Lot E:
a. El Rancho Substation: constitutes an existent Transformation Substation
69/34.5 kV.
b. Chixoy II Substation: will constitute an operation Substation 230 kV that
shall be interconnected by means of a double circuit Transmission Line to
the substation of 230 kV actual Chixoy I.
Next appears the description of the New Substations that are part of Lot E.
7.2.1. El Rancho Substation 230/69 kV, 150 MVA
El Rancho Substation is constituted as a Transformation Substation 230/69 kV that
it shall have:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
circuit line proceeding from Guate Norte Substation,
An equipped line bay of 230 kV to receive the single circuit line
proceeding from Panaluya Substation,
An equipped line bay of 230 kV to receive the single circuit line
proceeding from Chixoy II Substation.
An equipped transformation bay of 230/69 kV, made up of three singlephase units of 50 MVA of continuous service and one reserve unit of 50
MVA. The total capacity of 150 MVA makes reference to the nominal
power that the transformers can transport under the maximum cooling
stage considering the conditions of altitude above sea level and the room
temperature where the substation will be located.
kV.
two reserve bays.
kV with El Rancho existent Substation 69 kV.
An equipped bay in El Rancho existent Substation 69 kV to interconnect
the busbars of 69 kV with the New Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
x.
A Link of 69 kV between the busbars of the existent Substation and the
substations.
Next appears a description of the Transmission Lines that are part of the Lot
under discussion.
7.3.1. Chixoy II – El Rancho Transmission Line 230 kV
This New Transmission Line shall interconnect Chixoy II and El Rancho Substations
which are placed respectively in a referential way to the West of the
department of Alta Verapaz and to the center of the department of El Progreso.
length of 115 km.
7.4.
Additional Transmission Works Associated to Lot E
7.4.1. Adapting Works in Chixoy II Substation
Chixoy II Substation shall be a future transformation substation 230 kV.
The extensions in Chixoy II Substation shall include:
i.
Line proceeding from El Rancho Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Table 13: Summary of the New Substation Characteristics of Lot E
Substation
Type
Configuration
Voltage [kV]
Capacity [MVA]
El Rancho
Transformation
OHB
230/69
150
Bays 230 [kV]
Bays 69 [kV]
Equipped
Reserve
Area
Equipped
Reserve
Area
4
4
2
3
3
0
Table 14: Summary of the Existent Substation Characteristics Associated to Lot E
Substation
Type
Configuration
Voltage [kV]
Capacity [MVA]
El Rancho
Operation
SB
69
Chixoy II*
Operation
OHB
230
Bays 230 [kV]
Equipped
Reserve
Area
Equipped
Reserve
Area
NA
NA
NA
NA
1
0
0
NA
1
0
0
NA
NA
NA
* The Chixoy II Substation will be a future substation.
Table 15: Summary of the Transmission Line Characteristics of Lot E
Line
Voltage [kV]
Length [km]
Capacity by
circuit [A]
Circuits
Chixoy II – El Rancho
230
115
1100
1*
Bays 69 [kV]
Tel. PBX: (502) 23664218; Fax: (502) 23664202
8. DESCRIPTION OF LOT F
following:
a) Sololá Substation 230/69 kV, 150 MVA,
b) Guate Sur – Las Cruces Transmission Line 230 kV with an approximate length
of 27 km,
c) Las Cruces – Sololá Transmission Line 230 kV with an approximate length of 62
km,
d) Sololá – La Esperanza Transmission Line 230 kV with an approximate length of
51 km,
e) Adapting Works in 230 kV at Guate Sur existent Substation,
f) Adapting Works in 230 kV at Las Cruces New Substation,
g) Opening of the Transmission Line in 69 kV Sololá - El Quiché and connection
in Sololá New Substation,
h) Adapting Works in 230 kV at La Esperanza existent Substation.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Tel. PBX: (502) 23664218; Fax: (502) 23664202
8.1. Borders of Lot F
facilities shall be interconnected and that constitute the borders of Lot F:
a. Guate Sur Substation is an existent Transformation Substation 230/138/69
kV.
b. Sololá Substation is an existent Transformation Substation 69/13.8 kV.
c. The Transmission Line 69 kV Sololá - El Quiché is the actual Transmission Line
of 69 kV, existing between the Sololá - El Quiché Substations.
d. La Esperanza Substation is an existent Transformation Substation 230/69 kV.
Next appears the description of the new substations that are part of the present
Lot.
8.2.1. Sololá Substation 230/69 kV, 150 MVA
Sololá Substation is constituted as a Transformation Substation 230/69 kV that it
shall have:
i.
ii.
iii.
iv.
v.
vi.
circuit Transmission Line proceeding from Las Cruces Substation,
Line proceeding from La Esperanza Substation,
An equipped transformation bay 230/69 kV, made up of three singlephase units of 50 MVA of continuous service and one reserve unit of 50
MVA. The total capacity of 150 MVA makes reference to the nominal
power that the transformers can transport under the maximum cooling
stage considering the conditions of altitude above sea level and the room
temperature where the substation shall be located.
kV.
two reserve bays.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
vii.
viii.
An equipped bay in the New Substation to receive the actual Transmission
Line of 69 kV proceeding from Sololá Substation resulting from the opening
of Sololá - El Quiché Transmission Line.
An equipped bay in the New Substation to receive the actual Transmission
Line of 69 kV proceeding from El Quiché Substation resulting from the
opening of Sololá - El Quiché Transmission Line.
Next appears a description of the Transmission Lines that are part of the Lot
under discussion.
8.3.1. Guate Sur – Las Cruces Transmission Line 230 kV
This New Transmission Line shall interconnect Guate Sur and Las Cruces
Substations, which are placed respectively in a referential way to the South of
the department of Guatemala and to the North of the department of
Sacatepéquez.
This Transmission Line shall count on double single circuit prepared in selfsupported structures, being its approximate length of 27 km.
8.3.2. Las Cruces - Sololá Transmission Line 230 kV
This New Transmission Line shall interconnect Las Cruces and Sololá Substations,
which are placed respectively in a referential way to the North of the
department of Sacatepéquez and to the Northeast of the department of Sololá.
length of 62 km.
8.3.3. Sololá – La Esperanza Transmission Line 230 kV
This New Transmission Line shall interconnect Sololá and La Esperanza
Substations, which are placed respectively in a referential way to the Northeast
of the department of Sololá and to the Northeast of the department of
Quetzaltenango.
length of 51 km.
8.4. Additional Transmission Works Associated to Lot F
Tel. PBX: (502) 23664218; Fax: (502) 23664202
8.4.1. Adjustment Works in Guate Sur Substation
i.
Two equipped line bays of 230 kV that shall be used to receive the
Transmission Line of 230 kV of double circuit proceeding from Las Cruces
Future Substation 230 kV.
8.4.2. Adapting Works in Las Cruces Substation
i.
Two equipped line bays of 230 kV that shall be used to receive the
Transmission Line of 230 kV of double circuit proceeding from Guate Sur
Existent Substation 230 kV.
ii.
An equipped line bay of 230 kV that shall be used to receive the
Transmission Line of 230 kV of single circuit proceeding from Sololá Future
Substation 230 kV.
8.4.3. Adapting Works in La Esperanza Substation
i.
An equipped line bay of 230 kV that shall be used to receive the
Transmission Line of 230 kV of single circuit proceeding from Sololá Future
Substation 230 kV.
8.4.4. Adapting Works in Sololá New Substation
The Adapting Works in Sololá New Substation shall include:
i.
Opening of the existent Transmission Line of 69 kV between the Sololá
and El Quiché existent Substation and subsequent connection to Sololá
Substation 69 kV.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
Table 16: Summary of the Transmission Line Characteristics of Lot F
Substation
Type
Configuration
Voltage [kV]
Capacity [MVA]
Sololá
Transformation
OHB
230/69
150
Bays 230 [kV]
Bays 69 [kV]
Equipped
Reserve
Area
Equipped
Reserve
Area
3
3
2
4
2
0
Substation
Type
Configuration
Voltage [kV]
Capacity [MVA]
Guate Sur
Transformation
DB
230/69
Las Cruces
Operation
OHB
La Esperanza
Transformation
SB
Bays 230 [kV]
Equipped
Reserve
Area
NA
2
0
0
230
NA
3
0
0
230/69
NA
1
0
0
Line
Voltage
Capacity by
Length [km]
[kV]
circuit [A]
Circuits
Guate Sur – Las Cruces
230
27
1100
2
Las Cruces - Sololá
230
62
1100
1*
Sololá – La Esperanza
230
51
1100
1*
* Lines constructed for a circuit and foreseen for double circuit.
Tel. PBX: (502) 23664218; Fax: (502) 23664202
9. GENERALITIES OF THE DESIGN SPECIFICATIONS
9.1. Obligations or Liabilities of the Awarded Bidder
9.1.1. To deliver, in accordance with the Work Execution Program, the information,
that it is detailed next, related to the Transmission Works of each Lot that was
awarded or adjudged to him:
i. Electric Studies,
ii. Calculation Proceedings of Electromechanical Engineering,
iii. Calculation Proceedings of Civil Engineering,
iv. Detailed Technical specifications of materials and equipment,
v. Planes “as built”.
vi. Layout or Outline of the Transmission Lines and geo-referential location of
the New Substations.
All the information provided to the CNEE through the Supervisor shall be
constituted into technical documents widely developed and shall include
therefore, in the cases that deserve it, the technical documentation and the
calculation proceedings that correspond to each one of them.
The delivery of the present information, does not exempt from the obligation or
liability of the Awarded Bidder, to partially give information, that it shall be
solicited to him, for the verification of the fulfillment of the Critical Events.
9.1.2. The design, supply, transportation, constitution of the Right of Ways,
construction, assembly, pre-operational tests, operation and maintenance of
the facilities that compose the Awarded Lot or Lots shall be according to the
national norm issued by the CNEE and the AMM as well as the international
standard or norm ANSI/IEC that is applicable to each one of the specific cases
taking into account that referring to associated civil works. With regard to the
local transportation of the materials and equipment by means of the highways
or national access roads, it shall be taken steps to acquire the corresponding
permissions before the Ministry of Communications and Public Works.
9.1.3. The obtaining of lands and taking steps to acquire permissions for the works of
extension in existing substations that are required to connect Transmission Works
to the existing facilities of the INEPS.
9.1.4. The management for the commercial qualification of Transmission Works of the
Lot or Lots that were awarded or adjudged to him to operate in the Wholesale
Market shall be in accordance with that established in the norm of the AMM.
9.1.5. To perform the Environmental Studies in accordance with that established in
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the law of the matter.
9.1.6. The acquisition and installation of all the equipment and software, as well as
the rendering or contracting of the necessary services for the correct
integration of the supervision and control systems of the new facilities with the
existing supervision and control systems of the INS, in accordance with that
established in the norm of the AMM.
9.1.7. To guarantee that all the materials, equipment and group of apparatuses to
be provided and to be mounted are new, with manufacture guaranty, good
quality and recognized prestige at world-wide level.
9.2. Design Standards
Design of the Transmission Works, shall comply with that established in the norm issued
by the CNEE and the AMM as well as the ANSI/IEC international standards or norms
that are applicable.
9.3. Equipment Manufacture Standards
The manufacture of the equipment and materials to be used for the construction of
Transmission Works shall be in accordance with the last edition of the ANSI/IEC Norms
or Standards that are applicable.
9.4. Permits and Contract of Connection
All the procedures that are related to permissions and contract of connection shall
be in accordance to that established in the LGE, RLGE and the norm issued by the
CNEE and the AMM.
9.5. Materials and Equipment
All the materials and equipment to be used for the construction of Transmission Works
shall be such, so that they do not jeopardize or limit the operation of the existing
facilities of the Interconnected National Electrical Power System (INEPS).
9.6. Manufacture Tests
All the equipment that is used for the constitution of the Transmission Works, shall have
to count on the respective manufacture tests in agreement with the corresponding
ANSI/IEC international standard or norm with respect to power transformers, switches,
sectionalizing switches or off-load switches, voltage transformers, current transformers,
lightning rods, capacitor benches, reactor benches, support structures and other that
are necessary for the design, construction and operation.
9.7. Extensions in Existing Facilities
9.7.1. Substations
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For the case of extensions in existing substations, the current transformers, voltage
transformers and other equipment shall adapt to the philosophy of present protection
and in case of not being possible, the equipment that does not allow to achieve such
objective, shall be replaced by those that comply with the new requirements of
protection of the extensions under discussion.
9.7.2. Transmission Lines
For the case of new substations that shall section existing Transmission Lines, the
present scheme of protections shall be conserved, in the case of not being possible,
the equipment which they do not allow to achieve such objective, shall be replaced
by those that comply with the new requirements of protection of the extensions under
discussion.
9.8. Civil Works
All the designs of civil works shall fulfill the requirements established in the national
and international standard or norms that are applicable to each case.
10. DESIGN AND CONSTRUCTION SPECIFICATIONS FOR THE TRANSMISSION LINES
10.1. Insulation
For the design of the Transmission Lines, it is necessary to verify the insulation
coordination, considering the maximum over-voltage that can appear by electroatmospheric conditions or by operation conditions, considering that the continuous
maximum voltage of operation of the equipment shall stay in a congruent rank with
that established in the norm of the CNEE and the AMM.
The insulators shall be of porcelain, glass or polymeric (silicone rubber), it shall be
chosen between this range according to the design, the meteorological conditions
of the geographic location of the Transmission Line and to the criterion of the Bidder
according to the Good Engineering Practices (GEP), the most adequate for each
case.
The insulation shall be designed for a basic insulation level BIL of 1050 kV to 1.000
meters above sea level, for heights greater than 1.000 meters above sea level, it shall
be apply the correction factors by height according to the corresponding standard
or norm.
10.2. Overhead Ground Wire
The design of the shield of the Transmission Lines shall have to be appropriate for the
protection of the phase conductors requiring that the overhead ground wire is 24
fine wires Optical Fiber Composite Overhead Ground Wire (OPGW) type for the
workings of voice transmission, tele protection, data transmission, supervision and
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control.
10.3. Phase Conductors
All the New Transmission Lines shall have a minimum conduction capacity of 1100
Amperes by each circuit, taking into account, among others, the topographical and
meteorological conditions of the area included by the layout or outline, being ought
to consider in the design, the reduction, of the losses by corona phenomenon, of the
electrical interference, and of the radiation of the electromagnetic fields.
10.4. Grounding Systems of the Transmission Lines
The ground system of the Transmission Lines shall be designed in agreement with the
specific conditions of the location site of the structures, seeking first of all to preserve
the safety of people. Its design shall be based on the resistivity of the land and the
component of the short circuit current that flows to ground through the structure,
being ought to calculate the values of grounding in such way that the contact and
passage tensions or voltages can be guaranteed according to that established in
the IEEE STD. 80 and in the resolution CNEE-47-99 that issues the NTDOID. All the
structures shall have to count on a suitable ground system.
10.5. Transpositions in Transmission Lines
The Transmission Lines shall consider in their design, the accomplishment of the
transpositions that are necessary to maintain the homogeneity of the electrical
parameters throughout the Transmission Lines, it shall be considered also the use of
the structures to allow these transpositions to be performed.
10.6. Corona phenomena, Interference and Electromagnetic Fields:
The design of the Transmission Lines shall have to respect the criteria as well as the
distances recommended by the international standards or norms such as ANSI, IEC,
CSA CAN C108.3.1-M84, and that recommended by the International Commission on
Non-Ionizing Radiation Protection (ICNIRP) to avoid or to diminish the electrical
interference (audible noise and radio interference) in components different from the
electrical grids as well as to diminish the electromagnetic fields that can affect the
health of people.
10.7. Clearance Distances
The clearance distances applied in the Transmission Lines, shall fulfill the guidelines
expressed in the resolution CNEE-47-99 by which the NTDOID and the applicable
international standards or norms are issued.
10.8. Crossing with existing Transmission Lines
The design of the New Transmission Lines, shall consider avoiding to the maximum, the
crossing with existing Transmission Lines, however, in case the crossing is inevitable, it is
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necessary to diminish the inherent risks to these crossings according to that
established in the Resolution CNEE-47-99 that issues the NTDOID and ANSI/IEC
applicable standard or norms.
10.9. Support Structures
The electrical sizing of the structures, it shall be defined by means of the
combination of the minimum clearance distances corresponding to over-voltage
due to electro-atmospheric discharge, and to the voltages of operation and
maneuver.
The clearance factors shall be according to the criteria contained in the Resolution
CNEE-47-99 by which the NTDOID and the design guides of the American Society of
Civil Engineers –ASCE- are issued. The structural design shall have to be performed
following as minimum the criteria of the American Society of Civil Engineers –ASCEdesign guidelines for support structures of electrical lines, such as American Society of
Civil Engineers – ASCE 10-97, 48-05, Manual 72, in its more recent editions. All the
possible combinations of load shall be analyzed and shall be design for the load
conditions that expose the structures to the most critical situations.
The structures shall have to support the maximum torque or torsion efforts that appear
in any of the conditions analyzed in the structural design.
10.9.1.
Location of Structures
For the location of structures, the minimum safety distances on the land and
obstacles shall be respected, according to the resolution CNEE-47-99 by which the
NTDOID are issued.
10.10. Identification of Structures
The structures that support the Transmission Lines shall count on an adequate
identification system with correlative numbers for their easy identification and control.
10.11. Anti-vibratory System
The design of the Transmission Lines shall be such that considers an anti- vibratory
system that guarantees its operative integrity, according to the conditions of the
place of location.
10.12. Transmission Line Structure Foundations
For the determination of the type of Transmission Line Structure Foundations to be
used in the different sites the structures, it shall be carry out a detailed study of the
geo-technical and physical chemical characteristics of the soils in each one of
them, with the purpose of choosing the most adequate type of Transmission Line
Structure Foundations for each case.
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The Transmission Line Structure Foundations shall resist all the load hypotheses that
are stipulated for each type of structure with the respective overload factors which
they were considered in the design, in such a way that each element is designed
for the most unfavorable efforts.
10.13. Complementary Civil Works
In order to preserve the mechanical stability of the sites of the structures, it is
necessary to take into account, without being limitative, the following measures:
slope protection, channeling of waters, retaining walls, roadside ditches, installation
of filters, mitigation work execution, control of environmental effects and other that
are necessary.
11. DESIGN AND CONSTRUCTION SPECIFICATIONS FOR THE SUBSTATIONS
Next it is described, without being limitative, the equipment, components and systems
for the New Substations.
11.1.1 Busbar Design
11.1.1.
Existent Substations
For the case of Transmission Works in which a extension of busbars in the existing
substations is required, the capacity of conduction of current through the prolonged
busbars shall, at least, be equal to the one of the existing bars.
11.1.2.
New Substations
The busbars of the New Substations shall be designed considering the most severe
situations of circulation of current, taking into account the possibility of non
availability of elements in the system by the occurrence of fortuitous events, Act of
God or Force Majeure and shall be designed to support electro-dynamic efforts
without discarding the probability of faults of direct impact.
The busbars of the New Substations shall have a thermal limit of conduction of current
equivalent to 2600 A, having their construction to include inclusively, the total
extension of the infrastructure of the future reserve fields of each substation.
11.2. Power Equipment
Next it is described, without being limitative, the power equipment of the New
Substations.
11.2.1.
Power Transformers
The power transformer bench shall be made up of three single-phase units, whose
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power is described in the Transmission Works of the respective Lots. The total capacity
of the transformer bench makes reference to the power that the transformer bench
can transport under the maximum cooling stage and considering the conditions of
altitude above sea level and room temperature where each substation shall be
located.
Each transformer bench shall have in the primary winding in 230 kV a Star or Wye
connection, in secondary winding in 69kV a star connection.
It is required that the transformers have tertiary winding with a voltage 13.8kV, of a
capacity of one third of the nominal capacity of each unit, and the connection of
the tertiary windings in delta. The supply must include a single-phase unit of similar
characteristics to the units that shall form part of the transformation bench of each
substation that shall serve as back up unit.
The power transformers, shall have to be equipped with Under Load Tap Changer
(ULTC) for manual and automatic operation under load, and shall have to count on
10 steps, pitch or turns ratio 1,5% in both senses or back and forth directions, on step 1
for the maximum relation, step 11 for the nominal relation and step 21 for the
minimum relation, in order to have a regulation margin of ±15% of the nominal
voltage.
The power transformers shall have a value of impedance between the primary and
secondary windings of up to 12.5%, measured with the on load tap changer in the
position of nominal relation, on the base of the power to maximum thermal
requirement.
The total losses of the power transformers shall not surpass the 0.4% of the nominal
power.
The dielectric oil of the transformers shall be free of Poly Biphenyl Chloride (PBC).
11.2.2.
Switches
The switches shall fulfill that established in ANSI/IEC standards or norms applicable to
switches, shall have single pole control, to be apt for fast single-pole and three-pole
re-lockout; operation in case of fault in the system, single-phase and three-phase for
lines of 230 kV and three-phase for transformation fields.
11.2.3.
Sectionalizing Switches
The sectionalizing switches shall comply with ANSI/IEC standards or norms applicable
to sectionalizing switches, shall be a three-pole motorized and manual drive, in
accordance with the design concerning the disposition of the equipment in the bays
of the substation.
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The line sectionalizing switches shall be equipped with ground blades, which shall
have to be designed to take the same current as the sectionalizing switch, and shall
count on a mechanical embedding system.
11.2.4.
Lightning Rods
The lightning rods shall fulfill that established in ANSI/IEC standard or norms applicable
to lightning rods, shall be station type, for outdoors installation, of zinc oxide (ZnO)
without exploders, equipped with pressure relief valve.
11.2.5.
Potential Voltage Transformers
The voltage transformers shall comply with the ANSI/IEC standard or norm that
corresponds to voltage transformers, their operation shall comply with that required in
Resolution CNEE 104-2007 by which the Norm of Commercial Coordination No. 14 of
the AMM is approved.
11.2.6.
Current Transformers
The current transformers shall comply with the ANSI/IEC standard or norms that
correspond to current transformers, their operation shall comply with that required in
Resolution CNEE-104-2007 by which the Norm of Commercial Coordination No. 14 of
the AMM is approved.
11.2. Protection and Control Equipment
The substations shall include the control, automation, metering, protections and
telecommunications systems that are necessary for their operation.
The protection relays shall be of solid state, of numerical or digital technology. The
scheme of protection for each line circuit shall consist of two systems of protection,
one main and another one of back up whose operation principle shall be different.
11.4. Automation and Communication System
The New Substations shall count on a modern, efficient, and functional Protection,
Control, Metering, and Communications system, that allows to have a correct control
of the signaling and communications between the substations and the Operator of
the System, a Supervisory Control SCADA, that allows the operation and local control,
at a distance or at remote control. The communications and protections between
substations shall be by optical fiber and Power Line Carrier (PLC).
11.5. Energy Meters
The multifunctional meters shall take their signals from the metering transformers, for
the determination of the electrical magnitudes of operation of the system (voltage,
current, active power, reactive power, power factor, frequency, active energy and
reactivate energy and others). They shall fulfill all the technical requirements
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stipulated in Resolution CNEE-104-2007 Norm of Commercial Coordination No. 14.
11.6. Commom Infrastructur and Equipment
All the substations shall include the necessary elements for the infrastructure and
common modules, referring to civil works and equipment that are used by the
equipped bays and the future ones. The infrastructure and common equipment of
the substations shall consist as minimum of the following components:
11.6.1.
Civil Infrastructure:
The land property or estates of the substations shall include, without being limitative,
the following: Gantry or Gates for the equipped facilities and of reserve, including
components of the Faraday cage, access roads to each substation, internal access
roads, adapting of lands of the equipped bays and future ones (reserve bays),
ground mesh dimensioned for the equipped bays and future ones, constructions
within the substation, (control room, houses of relays, sentry boxes of control and
others), wire-way for wiring, laying of foundations for the equipment and walls,
sewerage system or drainage for sewage, rain water, and drinking water, sidewalks,
curbs, roadside ditches, enmesh of peripheral security and inner door of access,
septic tanks, landscaping, indoor and outdoor lighting system, air conditioning
system, system of protection against fires and other that according to Good
Engineering Practices (GEP) are necessary for the accomplishment of the design.
11.6.2.
Ground Mesh
The ground mesh of the Substations shall be designed following in such way that the
contact and passage tensions can be guaranteed according to the norm IEEE STD.
80.
ANNEX 2
REQUIREMENTS OF TECHNICAL EXPERIENCE AND ECONOMIC CAPACITY OF THE BIDDER
1. Technical Experience of the Bidder
For effects of the assessment or evaluation of the Technical Bid or Proposal it shall be
demanded from the Bidder experience in:
I.
Design or to have contracted the design of Transmission Lines, in at least 3
projects of a minimum design tension of 220kV.
II.
Construction or to have contracted the construction of Transmission Lines, in at
least 3 projects of a minimum tension of 220kV.
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III.
Operation and maintenance or to have contracted the operation and
maintenance of 3 Transmission Lines of a minimum tension of 220kV during the
last 10 years.
IV.
Design or to have contracted the design of electrical substations, in at least 3
projects of a minimum design tension of 220kV and a minimum transformation
capacity of 100MVA by each project.
V.
Construction or to have contracted the construction of electrical substations, in
at least 3 projects of a minimum tension of 220kV and a minimum
transformation capacity of 100MVA by each project.
VI.
Operation and maintenance or to have contracted the operation and
maintenance of 3 electrical substations, a minimum tension of 220kV and a
minimum transformation capacity of 100MVA by each project, during the last
10 years.
When the experience had been acquired by means of contracts performed in
consortium or partnership, or temporary union, he shall credit his direct participation
in the aspect of the experience that he proposes to be evaluated.
In addition, it shall be necessary that the existence of the corresponding contracts is
accredited, with which he tries to accredit the respective experience, attaching or
enclosing simple copy of the contract or referred contracts.
When it is not possible to obtain copies of the mentioned contracts, written records or
evidence extended by the contracting companies or entities shall be accepted in
which the amount of the contract shall be indicated, that meets the requirements
that correspond to the information provided in the formats of the present Annex. The
written records or evidence that are not related shall not be evaluated.
It shall be accepted only the written records or evidence related to the contracts
that had been finished within the ten (10) years previous to the day of the opening of
bids or proposals in the Open Bidding.
CNEE shall be able to verify the veracity of the information accredited by the Bidders
and, in case of verifying that some part of the accredited information is not true, it
shall be causal or grounds for refusal of the Bid or Proposal. The CNEE reserves the
right to ask for clarifications to the documents submitted by the Bidder to accredit the
technical experience.
Format 1.
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Design of Transmission Lines
Information
Project 1
Project 2
Project 3
Folio in the Technical Bid or Proposal
Contracting company
Identification of the Transmission Line
Location (Country, region, department, etc.)
Voltage (kV)
Line lenght (km)
% of Participation of the execution of the
project
Amount of the contract
Date of beginning and completion
Construction of Transmission Lines
Information
Project 1
Project 2
Project 3
Folio in the Technical Proposal
Contracting company
Location (Country, region, department,
etc.)
Voltage (kV)
Line lenght (km)
% of Participation of the execution of
the project
Operation and maintenance of Transmission Lines
Information
Project 1
Project 2
Project 3
Contracting company
Identification of the Transmission
Line
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Location
(Country,
region,
department, etc.)
Voltage (kV)
Line lenght (km)
% of Participation of the execution
of the project
Years
of
Operation
and
Maintenance
Format 2.
Design of electrical substations
Information
Project 1
Project 2
Project 3
Contracting company
Location (Country, region, department, etc.)
Voltage (kV)
Capacity (MVA)
% of Participation of the execution of the
project
Construction of electrical substations
Information
Project 1
Project 2
Project 3
Contracting company
Identification of substation
etc.)
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Voltage (kV)
Capacity (MVA)
the project
Operation and maintenance of electrical substations
Information
Project 1
Project 2
Project 3
Contracting company
etc.)
Voltage (kV)
Capacity (MVA)
the project
Years of Operation and Maintenance
2. Economic capacity
The taxable capital or net worth (the difference between Total Assets and Total
Liabilities and that is conformed by: contribution of the proprietors or shareholders,
reserves of capital, profits of the fiscal year) of the Bidder, at the closure of his last
fiscal year prior to the submittance of the Bid or Proposal, shall to be equal or superior
to: fifty million dollars of the United States of America (US$50,000,000.00), according to
the type of official exchange rate published by the Banco de Guatemala (Bank of
Guatemala), effective at the time of such fiscal closure.
The determination of the net worth mentioned in the previous paragraph shall be
subject to the following provisions:
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I.
II.
When the Bidder is an individual or legal person, national or foreign, he shall
submit a certification of his net worth based on his financial statements, which
shall be signed and sealed by a Public Accountant and Auditor recognized by
the Superintendencia de Administration Tributaria -SAT (Superintendency of
Taxation Administration - SAT [by its acronym in Spanish]) of Guatemala or its
equivalent in the country of origin of the Bidder, in dollars of the United States of
America, according to the required format.
In the case of the Bids or Proposals presented by Bidders integrated by a
Consortium or Partnership, these latter shall demonstrate their joint
participation through a public document or contract registered with the official
notary, in addition they shall submit a certification of the net worth of each one
of the represented entities. These certifications shall be signed and sealed by a
Public Accountant and Auditor or an Auditing company, both recognized by
the Superintendency of Taxation Administration – SAT [by its acronym in
Spanish], of Guatemala or its equivalent in the country of origin of the Bidder, in
dollars of the United States of America, according to the required format.
Format of Certification of Patrimony of the Bidders, in Dollars of the United States of
America
DESCRIPTION
NET WORTH
Contribution of the
proprietors
Contribution not
capitalized
RESERVED EARNINGS
Legal reserve
Other reserves
WITHHOLDED PROFITS
Results of previous fiscal
years
Member 1
Member 2
Member X
TOTAL
Result of the fiscal year
TOTAL NET WORTH
ANNEX 3
MINUTE OF THE CONTRACT OF SUPERVISION
NUMBER _____________. In Guatemala City, on ____ (_) of ____ of two thousand ______
(___), before me, _________________, Notary, appear, on the one hand,
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____________________, of __ ( ) years old, [civil status], Guatemalan, [profession],
domiciled in the department of ____________, with certificate of identity number of
order A dash one (A-1) and of registry _________ (____) issued by the Municipal Mayor
of Guatemala, of the department of Guatemala, who acts in his capacity of
President of the Comisión Nacional de Energía Eléctrica (National Energy
Commission), legal capacity that he accredits with: a) certified copy of the
Governmental Agreement of Appointment number ____ () dated ____ (_) of ________
of two thousand _______ (___); b) certification of the Act number __________ (_____) of
____ () of ______ of two thousand _______ (____), where it is spread upon the record
that he took possession of the position for which he was named, register in the folio
___________ (_____) of the Minute Book of the Administrative Section of Personnel of
the Ministry of Energy and Mines, authorized by the General Comptrollership of
Accounts, according to registry __________ (__) dated ______ () of ___ of ________ (__),
and he indicates as a place to receive notifications, the fourth avenue fifteen dash
seventy zone ten, Paladium Building, twelve floor, zone ten of this city; mister
________________________________, of _____ () years old, [civil status], [nationality],
[profession], domiciled in the department of ____________, with certificate of identity
number of order _______ (__) and registry _________ (___) issued by the Municipal
Mayor of ___________, who acts in his capacity of ________, in representation of the
entity _______________, capacity that he accredits with the notarial certificate or
acknowledgement in which his appointment is recorded, authorized in __________ the
day _________ () of _________ of ________ (_) by the Notary __________, registered in the
Government Registry of Mercantile Concerns of the Republic, under the number
___________ (___), folio ________ (_) of the book _______ () of ____________; he indicates
as a place to receive notifications, at ________________________, of this city; and mister
____________________________, of _____ () years old, [civil status], [nationality],
[profession], domiciled in the department of ____________, with certificate of identity
number of order _______ (__) and registry _________ (___) issued by the Municipal
Mayor of ___________, who acts in its capacity of _________________, in representation
of the entity _______________, capacity that he accredits with the notarial certificate
or acknowledgement in which his appointment is recorded, authorized in __________
the day _________ () of _________ of ________ (_) by the Notary __________, registered in
the Government Registry of Mercantile Concerns of the Republic under the number
___________ (___), folio ________ (_) of the book _______ () of ____________; he indicates
as a place to receive notifications, in ________________________, of this city; I, the
undersigned (male/female) Notary, I spread upon the record: a) that the grantors
declare to be in the free exercise of their civil rights and to be of the capacities and
related identity data; b) that I have at sight all the identified documentation and that
the representations that are exercised are sufficient according to the law and in my
opinion for the subscription of the present contract. Henceforth, in the capacities in
which they act, the first of the grantors will be denominated indifferently “THE
COMMISSION” or “CNEE”; the second of the grantors, “THE SUPERVISOR”; and the
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third party of the grantors “THE AWARDED or ADJUDGED”. The parties we agree to
enter into the present CONTRACT OF SUPERVISION OF THE LOT___________________,
contained in the following clauses: FIRST CLAUSE: ANTECENDENTS: a) That with the
intention of stimulating the participation of the different economic agents in the
execution of the projects of transmission, transportation and transformation of Electric
Power defined in the Plan of Expansion of the Transmission System 2008-2018 “THE
COMMISSION”, summoned to the Open Bidding by means of resolution PET - 1 - 2009,
for the awarding or adjudication of an investor who is in charge of the design,
acquisition of the supplies, construction, putting in operation and maintenance of the
project [insert name of the project or lot*), which was awarded or adjudged to the
entity ____________________ by the Ministry of Energy and Mines, in resolution number
________ dated ____________, authorization that became formalized, by means of the
CONTRACT OF AUTHORIZATION OF WORK EXECUTION, according to that recorded in
public document or contract registered with the official notary, number __________,
authorized in this city by the Notary ___________________; b) That in accordance with
the norm in force, and that established in the Bidding Terms and Conditions that
governed or ruled the Open Bidding, in which it was established, the contracting on
the part of “THE COMMISSION” of a specialized consultancy that carries out the
supervision works during the execution of the Project, charged to or at the expense of
“THE AWARDED or ADJUDGED”, and for the effect “THE COMMISSION”, summoned to
Public Bidding the Contracting of a consulting company for the supervision,
verification and acceptance of the new facilities and their complementary works,
which was awarded or adjudged to the entity _____________: SECOND CLAUSE:
DOCUMENTS THAT ARE PART OF THE CONTRACT: They are part of the present contract
and are incorporated to it, therefore, the parties bind themselves to the fulfillment of
that established therein, the following documents: The Bidding Terms and Conditions,
annexes and addenda, and the Terms of Reference its formats, annexes and
addenda. THIRD CLAUSE: DEFINITIONS: For exclusive effects of the interpretation of this
Contract, they shall be understood, in the sense confered to them by the
corresponding technical language or, by default, in its natural and obvious sense
according to the general use of the same: Addenda: They shall be the modifications
that are realized to the Terms of Reference according to that established in the
present Terms of Reference. Adjudged bidder or Adjudged bidders: is the investor or
the investors who are awarded or adjudged in the Open Bidding for the execution of
works of the Plan of Expansion of the Transmission System 2008-2018. Bidding Terms
and Conditions: They are the documents that detail all the procedure for the
selection of the investor or the investors for the execution of the Plan of Expansion of
the Transmission System 2008-2018. Canon: It is the sole remuneration that the Carrier
shall perceive during the period of amortization that is determined in Bidding Terms
and Conditions. CNEE: It is the Comisión Nacional de Energía Eléctrica (National
Energy Commission). Public Bidding: It intends to select the Supervisor who shall
perform the supervision in an independent way, for the CNEE, of the verification and
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acceptance of the new facilities and their complementary works, as well as the
fulfillment of the scopes established in these Terms of Reference of the works that are
awarded or adjudged in the Open Bidding, charged to or at the expense of the
Awarded or Adjudged one. Contract or Contracts of Supervision: It is the present
legal instrument. Contract of Authorization of Work Execution: Is the legal instrument
subscribed by the Ministry of Energy and Mines and the Awarded or Adjudged of the
process of Open Bidding, that authorizes the construction or the development of the
works, in which the conditions, terms of construction of the work, guarantees and
guarantees of fulfillment and other rights and obligations that correspond to the
parties, according to that established in the Bidding Terms and Conditions.
Programmed Date of Beginning of Construction: It shall be the date of initiation of the
works of construction of the Project and of the Supervision. Programmed Date
Commercial Operation of the Project: It shall be the date in which the Awarded or
Adjudged shall put the Project in commercial operation according to Annex 2 of the
present Terms of Reference. Lot: It is the whole set or group of Transmission Works
defined in Annex 1 of the Bidding Terms and Conditions and of the Terms of
Reference, for which a Bid or Proposal is presented in the Open Bidding. ; Open
Bidding: It is the process by means of which the CNEE shall select the investor or the
investors who are in charge of the execution of the Plan of Expansion of the
Transmission System 2008-2018. Project: They are the works that are part of the Plan of
Expansion of the Transportation System 2008-2018 and which they shall be bided in
the Open Bidding. These works shall be divided in lots, which shall be bided on.
Supervision: In this context it is supervision of technical character, and shall have the
scopes and conditions that are established in the Terms of Reference. Supervisor:
Shall be the individual or legal person who shall be in charge of the Supervision, for
the CNEE, of the execution of the Plan of Expansion of the Transmission System 20082018. Terms of Reference: They are the documents that shall determine the conditions
by which the Public Contest shall be in force, which are made up by their formats
and annexes. Carrier: Is the individual or legal person, possessor of the facilities
destined to carry out the activity of transmission and transformation of electricity.
FOURTH CLAUSE: OBJECT: The present contract intends the rendering of supervision
services in an independent way on the part of the Supervisor, for the CNEE, of the
verification and acceptance of the new facilities and their complementary works, as
well as the fulfillment of the scopes established in the Terms of Reference of the works
that are awarded or adjudged in the Open Bidding, charged to or at the expense of
the Adjudged. FIFTH CLAUSE: CONTRACT TIME OF SUPERVISION: The time of execution
of the present Contract shall correspond as of the Programmed Date of Beginning of
Construction which shall be the fourth of March of two thousand ten till the first of
May of two thousand thirteen. SIXTH CLAUSE: GUARANTEES: A) PERFORMANCE BOND
OF THE CONTRACT OF SUPERVISION: In order to guarantee the fulfillment of all the
corresponding obligations stipulated in the present Contract, as previous requirement
for the subscription of the same, “THE SUPERVISOR”, shall present a Performance Bond
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by an amount of ten percent, (10%) of the value of the present Contract, in favor of
“THE COMMISSION”, which shall be formalized by means of guarantee issued by
institutions duly authorized to operate in the Republic of Guatemala, the
Performance Bond shall be in force during the Contract time, up to six (6) months
after and until “THE COMMISSION” approves the final report of the Supervision, and it
grants the respective quitclaim or quittance in favor of “THE SUPERVISOR”. In any
case, the life of this guarantee shall be prorogued, at the cost of THE SUPERVISOR, in
case of modification or extension of the term of contract. The Performance Bond shall
become effective if it is verified that “THE SUPERVISOR” has not fulfilled the obligations
that are stipulated in this Contract and in the Terms of Reference. B) PAYMENT
PERFORMANCE BOND: In order to guarantee the payment towards “THE SUPERVISOR”
by the rendering of Supervision services of the Project, “THE AWARDED or ADJUDGED”
will have to lend a Payment Performance Bond by an amount of ten percent (10%) of
the value of the total amount of the Contract in favor of “THE SUPERVISOR” as
previous requirement for the subscription of the present contract, which shall be
formalized by means of guarantee issued by institutions duly authorized to operate in
the Republic of Guatemala, the Payment Performance Bond shall be in force during
the Contract time, up to six (6) months after “THE COMMISSION”, approves the final
report of the Supervision. In any case, the life of this guarantee shall be prorogued, at
the cost of “THE AWARDED or ADJUDGED”, in case of modification or extension of the
contract of Supervision. The Guarantee of Payment Performance Bond “THE
SUPERVISOR” shall be able to make it effective if it is verified that “THE AWARDED or
ADJUDGED”, has unpaid up to one (1) quarterly quota, for such effect he shall count
on the previous authorization of “THE COMMISSION”. The guarantees which are dealt
with in this Clause are constituted notwithstanding the fulfillment of all the obligations
that emanate of the Contract and they shall not be cancelled without the previous
authorization of “THE COMMISSION”. SEVEN CLAUSE: VALUE OF THE CONTRACT AND
MODE OF PAYMENT: The Contract has a value of [_________] [US$ ______] Dollars of the
United States of America, payable as it is defined in the present clause. The value of
the Contract it shall not be modified under any circumstance. The payment for the
Supervision services shall be of the entire responsibility or liability of the Awarded or
Adjudged. These payments shall be performed by the Awarded or Adjudged in
quarterly form on delivery of the corresponding invoice and of the quarterly or final
reports, approved by the “CNEE”. Being understood that the “CNEE” shall not assume
any responsibility or liability as far as the payment of the Supervision services, nor
either by any delay in the payments of the Awarded or Adjudged to the Supervisor.
The Awarded or Adjudged shall have to realize the payments in a maximum term of
five (5) calendar days of having submitted the invoice with the corresponding
approved report, in case the Awarded or Adjudged does not make the payments in
the established term he will be penalized in agreement with the Payment
Performance Bond. EIGHTH CLAUSE: PERSONNEL AND WAGES OF THE SUPERVISOR: a)
PERSONNEL: The SUPERVISOR, will assign and pay by his account to all the
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professional, technical, advisory, administrative personnel, of field and support that is
necessary, that the execution of the present Contract demands; b) WAGES: The
SUPERVISOR, by his own account and under his exclusive responsibility, will pay the
salaries and wages, the manual labor or manpower payroll, the quotas of social
security and the other obligations that the laws and legal provisions in labor matter
impose to him. The wages that he shall pay shall not be inferior to the minimum salary
established in the internal legislation of the Republic of Guatemala. NINTH CLAUSE:
SCOPE OF THE SUPERVISION. The Supervisor shall integrally give fulfillment to the
Object of the Contract and in particular the independent verification and
supervision, for the CNEE, of the fulfillment on the part of the Awarded or Adjudged of
the following: 1). The advance of the execution of all the activities involved in the
development of the Project, in accordance with the critical events and the work
chronogram that it is proposed by the Awarded or Adjudged. 2) The technical
specifications of the Project contained in the Bidding Terms and Conditions and in his
technical proposal submitted. 3) Advance of the acquisition and constitution of Right
of Ways for the development of the Project. 4) The obtaining of the approval, on the
part of the competent authority, of the study or the studies of environmental impact,
of the permissions that are necessary for the development of the work and of the
electrical studies of access to the Transmission System. 5) The following technical
norms or standards and their reforms issued by the CNEE, that in which it is
applicable: a) Technical norms or standards of Access and Use of the transmission
capacity - NTAUCT-, b) Norms of Studies of Access to the Transmission System - NEAST, c) Technical Standards of Quality of the Service and Transmission and Penalties NTCSTS-, d) Technical Standards of Design and Operation of the Electric Power
Transmission Service - NTDOST-, e) Technical Standards of the Distribution Service NTSD-, f) Technical Standards of Design and Operation of the Distribution Facilities NTDOID-, g) Technical Standards of Expansion of the Transmission System - NTT-. The
SUPERVISOR shall conduct all the necessary actions in agreement with the best
technical and administrative practices, usual in projects of this nature, which shall
include the use of the faculties, the fulfillment of the obligations and the execution of
the revisions, the verifications, and the controls indicated in the annex documents to
the Terms of Reference and those issued from the pertinent norms or standards, or
those derived from the nature of the contracted object. TENTH CLAUSE: OBLIGATIONS
OF THE SUPERVISOR. The general obligations of “THE SUPERVISOR”, comprehend in
specific form, but not limitative, the following: a) Good Engineering Practices (GEP):
“THE SUPERVISOR” shall fulfill any obligation or carry out any activity of technical or
administrative nature that is necessary for the fulfillment of his obligations, even
though specifically it has not been established in the Terms of Reference. b)
Equipment and materials: “THE SUPERVISOR” shall provide and pay by his account all
the the technical equipment and of office, communication systems, work materials,
stationery, utensils, vehicles, fuels, trucks, and other elements that are necessary to
him to fulfill his functions c) Coordination: “THE SUPERVISOR” shall have to perform his
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work in a coordinated way with the technical and professional personnel of “THE
AWARDED or ADJUDGED” and of “THE COMMISSION”; d) To maintain during the time
of execution of the present Contract, the availability of necessary and sufficient
(human, technical and administrative) resources for the fulfillment of the obligations
established in the present contract. e) To execute the required works to certify the
fulfillment of the obligations of “THE AWARDED or ADJUDGED”, to execute the
activities and procedures of Supervision that are necessary to verify that the executor
fulfills the totality of the requirements to which it makes reference the Terms of
Reference and the Technical specifications of the lots. f) To elaborate and to prepare
the quarterly reports and the final report established in the Terms of Reference. g) To
submit timely the necessary reports about the serious and unsalvable breach of
technical requirements on the part of “THE AWARDED or ADJUDGED”. h) To maintain
available in files destined for consultation on the part of the CNEE or their delegates,
all the reports, the minutes of the meetings which it deals with the TWELFTH CLAUSE
and, in general, all the documents related to the execution of the Contract. i) To
submit to the CNEE the necessary reports, with their analyzes and recommendations
in the event in which a request of prorogation of the Programmed Date Commercial
Operation of the Project is submitted on the part of “THE AWARDED or ADJUDGED”,
motivated by the occurrence of delays by fortuitous case, Act of God or Force
Majeure, alteration of the public order accredited with evidence proceeding from
the competent national authority, or by delays in the expedition of the environmental
license originated in facts outside the control of “THE AWARDED or ADJUDGED” and
of his due diligence, which shall be duly sustained and verified. ELEVENTH CLAUSE:
FACULTIES OF THE SUPERVISOR. The following are faculties of THE SUPERVISOR for the
execution of the present Contract of Supervision: a) To demand in writing to “THE
AWARDED or ADJUDGED”, the information that considers necessary, related to the
fulfillment of his obligations, the ones that shall be provided by “THE AWARDED or
ADJUDGED” within the three (3) following days counted as of the date of the request;
b) To impart recommendations to “THE AWARDED or ADJUDGED” on subjects of
responsibility of the latter, which shall be recorded in writing; c) To request to “THE
COMMISSION”, the information that he requires for the fulfillment of his obligations; d)
To have free access to the facilities of “THE AWARDED or ADJUDGED” when “THE
SUPERVISOR” considers it, in a coordinated way, to documents, to the sites where the
construction works of the Project are being performed, as well as to all the workshops
and places in which the works for the execution of the same are being carried out.
TWELFTH CLAUSE: MEETINGS: The Supervisor shall have to hold a first coordination
meeting five (5) working days before the beginning of the Supervision works in which
he explains the methodology and work program that he shall realize, and he shall
introduce the professionals who shall be in charge of the Supervision as established
in the Terms of Reference. The Supervisor shall carry out, whenever the CNEE requests
it, meetings in the offices of the CNEE. The day that the Supervisor delivers de final
report he shall carry out a presentation of all the important aspects of such report in
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the offices of the CNEE. “THE SUPERVISOR” shall hold meetings with “THE AWARDED or
ADJUDGED” in order to carry out the supervision works in a coordinated way and
shall write a minute per each meeting, which shall be part of the reports. THIRTEENTH
CLAUSE: INFORMATION OF THE SUPERVISOR: The Supervisor shall elaborate quarterly
reports during the term of the Contract of Supervision and additionally a final report
when the Project enters into commercial operation, the minimum content shall be
the one established in the Terms of References. In order to extend the information
contained in the reports the Supervisor shall attach or enclose the records or
evidence that he considers necessary, which can be photographs, videos or copy of
documents delivered by the Awarded or Adjudged, which they verify the advance
of the work and the specifications of the acquired equipment. The reports shall be
delivered in original and a copy, in addition in electronic form by means of an optical
disk. The Supervisor shall deliver the reports in the offices of the CNEE within ten (10)
working days after the trimester or quarter in which the Supervision was realized, the
CNEE shall have a maximum term of fifteen (15) working days for their revision, during
this term the CNEE shall be able to require to the Supervisor the corrections and
clarifications that considers necessary, having the Supervisor a maximum of five (5)
working days to submit these corrections or clarifications for the final approval. The
approval of the reports shall count on the approval of the personnel who the CNEE
names for the effect. If within the term of the fifteen (15) working days the CNEE does
not pronounced itself it shall be given as approved the report submitted by the
Supervisor. FOURTEENTH CLAUSE: INFORMATION AND KNOWLEDGE OF THE PROJECT:
THE SUPERVISOR declares that he knows, and he has carefully reviewed all the
aspects, details and information related to the celebration and execution of the
present Particularly, he declares that he knows the content of the documents of the
Contract of Supervision, the Terms of Reference, its Formats and Annexes. In the same
way, THE SUPERVISOR states or declares that he knows and has carefully reviewed the
characteristics of the Project and of the object of the Terms of Reference, and that
has researched or investigated totally the conditions of work, the risks, and in general,
all the determining factors of the costs of execution of the works, which have been
included in the prices of his Proposal. Also, THE SUPERVISOR shall not be able to claim
or exempt himself from any responsibility or liability before THE CNEE by the omission in
the analysis that he should had carried out, or the due diligence on which he should
had count on, in accordance with that foreseen in this Clause. FIFTEENTH CLAUSE:
TERMINATION: The present Contract shall terminate: a) By expiry of the Term; b) by
rescission in mutual agreement; c) by breach of obligations of the Supervisor; d)
When it is established that “THE AWARDED or ADJUDGED”, definitively, he will not put
in operation the Project. When the Programmed Date of the Commercial Operation
of the Project it happens in advance to the first of May two thousand thirteen.
SIXTEENTH CLAUSE: PROHIBITIONS: “THE SUPERVISOR” does not have faculties to
exonerate “THE AWARDED or ADJUDGED” from any of his obligations, as well as he
shall not be able either to order works that imply variation in the time of the Terms of
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Reference and Bidding Terms and Conditions. SEVENTEENTH CLAUSE: CESSION AND
SUBCONTRACTS: “THE SUPERVISOR” shall not be able to cede nor to subcontract the
present Contract (neither completely, nor partly) without the previous, express, and
written authorization of the CNEE. The use of such subcontractors shall not release in
any case “THE SUPERVISOR” from the responsibilities and obligations that he assumes
by means of the present contract. Neither “THE AWARDED or ADJUDGED” nor “THE
COMMISSION”, shall acquire any relation with the subcontractors and the
responsibility of the works that these latter execute “THE SUPERVISOR” shall take
charge of it. EIGHTEENTH CLAUSE: FORCE MAJEURE OR ACT OF GOD: For the effects of
this contract, it is understood by act of God and force majeure, the event of
unforeseeable acts and those that still being foreseeable are insurmountable, in any
case alien from the will of the parties that prevent or excuse of the fulfillment of his
obligations. Each party commits to communicate to the other, within the term of ten
(10) calendar days of having occurred the act that it gave rise to an act of God or
force majeure, accompanying the evidences and indicating implications in the
execution of the contract in order to write up the corresponding minute on the part
of “THE SUPERVISOR”, who will have to remit it immediately to the CNEE, for its
judgment or qualification. If as a consequence of the force majeure or act of God,
previously judged or qualified by the CNEE, it would have been suspended
temporarily the execution works of the Transmission Works of the Lot that it was
adjudged to him, vanished the causes of force majeure that motivated the
suspension, “THE AWARDED or ADJUDGED” shall inform “THE SUPERVISOR”, who in turn
shall inform it to “THE COMMISSION”, attaching or enclosing copy of the respective
minute of beginning of the works. Prorogation by force majeure or act of God: While
the circumstances of force majeure or act of God subsist, judged or qualified thus, by
the CNEE, and these prevent the total execution of adjudged works, and if the
constituent acts of force majeure or act of God do not prevent the execution of the
totality of the contract object, but only one or some of the obligations emanated
from the same, the Parties and the CNEE, shall agree if such circumstances suppose
or not the suspension of the contractual term, taken care of the corresponding
factual conditions and the degree of importance of the suspended obligations. In
any case of the suspension of the Contract by the events foreseen in this Clause, “THE
AWARDED or ADJUDGED” shall have to take the conducive measures, at his cost, so
that the life of the guarantees foreseen in the SIXTH CLAUSE is extended in
accordance with the period of suspension. NINETEENTH CLAUSE: SWORN
DECLARATION: With the subscription of the Contract of Supervision, the Supervisor
states under oath, that he himself (or their members in the cases of legal persons or
Consortiums or Partnerships) they do not have associate relation with the Awarded or
Adjudged or some of their members, nor he shall have it during the term of the
Contract of Supervision. For effects of the present numeral, it is understood that
associate type relations exists between the Awarded or Adjudged and the Supervisor,
when the Awarded or Adjudged or the one of their members (in case of being a
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Consortium or Partnership, or temporary union) is the parent company or holding
company of the Supervisor or one of their members, or vice versa, or when Supervisor
or one of their members has participation in companies in which the Awarded or
Adjudged or one of their members they also participate. At the time of subscribing
and during the term of execution the Contract of Supervision, the Supervisor commits
itself to inform to the CNEE, under the seriousness of the oath, which are the
contractual relations that he himself (or their members in the cases of legal people or
Partnerships have to the date with the Adjudged one. TWENTIETH CLAUSE: DISPUTES:
All the disputes regarding the fulfillment, interpretation, enforcement or application,
or effects of the contract, bonds and insurances, shall be to solve directly by the
parties, including, but without limiting itself to those derived from entering into this
contract, fulfillment or termination and liquidation, that cannot be solved in a friendly
way, shall be able to resort to the conciliation procedure established in the Law of
Arbitration, under the administration and the regulation of the Centre of Arbitration
and Conciliation of the Chamber of Commerce of Guatemala - CENAC-, in case of
resorting to a conciliation, for the resolution of disputes, the expenses and honoraria
shall be paid in equal parts by “THE SUPERVISOR” and “THE AWARDED or
ADJUDGED”; in case of not reaching any agreement in the conciliation the
disputes shall be solved by means of the procedure of fair or equitable arbitration,
under the administration and the regulation of the CENAC. As much the conciliation
as the arbitration will be carried out in Guatemala City, in accordance with the laws
of the Republic of Guatemala. TWENTY SECOND CLAUSE: ACCEPTANCE: In the
indicated conditions, the ones who appear, in the capacities in which they act,
accept the present contract. I, the undersigned (male/female) Notary, I Attest: a) of
all the exposed or declared; b) to have had at sight the related documentation; c)
of which I completely read the writing to the grantors, who well-informed of its
content, object, legal validity, and other effects, ratify, accept, and sign it.
By the Adjudged one
(Name, Signature of the Legal Representative)
By the Supervisor
(Name, Signature of the Legal Representative)
By the CNEE
(President of the CNEE)
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ANNEX 4
CONTRACT OF AUTHORIZATION OF EXECUTION OF THE TRANSMISSION WORKS OF THE LOT
________ADJUDGED AS A RESULT OF THE PROCESS OF OPEN BIDDING FOR THE RENDERING OF
THE ELECTRICAL POWER TRANSMISSION SERVICE FOR THE VALUE OF THE ANNUAL CANON
NUMBER ______________________________ (_________). In Guatemala City, on
______________________ of ___________ of the year two thousand __________, BEFORE
MY _________________________, (Notary), appear on the one hand, Mr.:
___________________________________ (personal identity data), who acts in his capacity
of MINISTER OF ENERGY AND MINES, the one which he accredits with the following
documents: ______________________________________, and on the other hand,
________________________________ (name and identity data of the legal representative
of the awarded or adjudged and the capacity whereupon he acts, identifying the
accrediting documents of the legal representation, if it shall be the case)
_________________________, who in the body of the present instrument shall be
denominated THE AWARDED or ADJUDGED. As (Notary), I Attest: To have at sight the
documents previously identified, which are sufficient in accordance with the law and
in my opinion for the granting of the present contract. The ones who appear assure to
be of the consigned identity data, to be in the free exercise of their civil rights, and
their desire to enter into CONTRACT OF AUTHORIZATION OF THE EXECUTION OF
TRANSMISSION WORKS OF THE LOT ________ AWARDED OR ADJUDGED AS A RESULT OF
THE PROCESS OF OPEN BIDDING FOR RENDERING OF THE ELECTRIC POWER
TRANSMISSION SERVICE FOR THE VALUE OF THE ANNUAL CANON, in accordance with
the following clauses: FIRST: ANTECEDENTS: Dated ___________, the Ministry of Energy
and Mines, issued a resolution by means of which it Awarded or Adjudged to the
entity _____________________, henceforth
THE AWARDED or ADJUDGED, the
construction, operation and maintenance of the Lot _____, that corresponds to
_________________________ [describe the Transmission Works of the adjudged Lot],
resolution that it is transcribed literally at the end of the present Contract and that it is
an integral part of the same. SECOND: DEFINITIONS: For exclusive effects of this
Contract, and for its proper interpretation, the terms commonly used in its text shall be
understood according to the definition given to each of them in the following
clauses, unless specifically a different meaning is attributed to them. The terms that
specifically are not defined shall be understood in the sense that it is attributed to
them, in the corresponding technical language, or by default, in its natural and
obvious sense, according to the general use of these. In any case, the terms not
defined in this Contract that have been defined in the Bidding Terms shall have, the
definition established in this Bidding Terms and Conditions. For the effects of the
present contract, the following abbreviations shall be used and the definitions shall
have the following meaning: Addenda: They are all the documents issued by the
Comisión Nacional de Energía Eléctrica (National Energy Commission), by means of
Resolution, during the Bidding Process, with the purpose of modifying, extending or
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clarifying the content of Bidding Terms, forming part of the same and of the present
Contract. Administrator of the Wholesale Market: It is a non-profit private entity, in
charge of the administration of the wholesale market, created by virtue of article 44
of the General Law of Electricity and to fulfill the functions established in the article in
mention. Governmental authority: It means any entity of government, legislative
body, judicial body, whether state or municipal, or any secretariat, department,
court, commission, council, branch office, agency or similar authority of anyone of
these government entities of the Republic of Guatemala. Bidding Terms: They are the
documents approved by the CNEE by means of Resolution CNEE-43-2009, that
contains the guidelines, requirements, general and specific provisions to obtain the
lowest Annual Canon, for the rendering of Electric Power Transmission Service - STEE-,
by means of contracting, on the part of the Awarded or Adjudged Bidder, the
design, construction, constitution of the Right of Ways, Supervision, operation and
maintenance of the Transmission Works, considered in the Plan of Expansion of the
Transmission System 2008 - 2018. Annual Canon: It is the remuneration that the
Awarded or Adjudged Bidder shall perceive during the Period of Amortization.
Comisión Nacional de Energía Eléctrica (National Energy Commission):
Called
indifferently CNEE or Commission, is the technical agency of the Ministry of Energy
and Mines, created in agreement with article 4 of the General Law of Electricity
Decree no. 93-96. Contract of Authorization of the Execution of Work or the Contract:
Is the legal instrument subscribed by the Ministry of Energy and Mines and the
Awarded or Adjudged Bidder, that authorizes the construction or the development of
the Transmission Works of the Lot that it was awarded or adjudged to him, in which it is
established the conditions, terms of construction of the Transmission Works, guarantee
bonds and performance bonds and other rights and obligations that correspond to
the parties, according to what the Bidding Terms and Conditions establishes. Contract
of Supervision: It is the instrument or legal instruments that the Supervisor, the
Awarded or Adjudged Bidder and the CNEE shall have to subscribe per each Lot to
supervise, according to the established model Annex 3 with the purpose of
developing all the related activities to the rendering of Supervision services. Critical
Events: It is the program of the main activities that as minimum should contain the
Program of Work Execution. Programmed date of Beginning of Construction: it shall be
the date indicated in the Schedule of Events of the Bidding Terms and Conditions
numeral 1.8. Programmed date of Commercial Operation: It is the date in which each
one of the Lots shall have to enter into commercial operation, and that it is written
down in Annex 1 of the Bidding Terms and Conditions. Date of Commercial
Operation: It is the date which indeed each one of the Lots enters into commercial
operation, according to the report of the Administrator of the Wholesale Market.
Branch: It indirectly means any Person who is controlled direct or indirectly by any
other person; in the understanding that control means the capacity to direct or to
determine the direction of the administration o of the policies of this legal person,
either by means of shareholding, participation or other securities with right to vote or
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through any other means. Contract Performance Bond: It is the document that shall
have to submit each Awarded or Adjudged Bidder for the subscription of the
Contract, in agreement with that established in numeral 5.6. Payment Performance
Bond to the Supervisor: It is the document that shall have to submit the Awarded or
Adjudged Bidder for the subscription of the Contract of Supervision, in agreement
with that established in numeral 5.9. Applicable laws: The effective laws, regulations
and norms in the Republic of Guatemala. Law: It is the General Law of Electricity,
Decree No. 93-96 of the Congress of the Republic of Guatemala. New Transmission
Lines: they are the Lines that are part of the Transmission Works of each Lot, and
which they are considered in the Plan of Expansion of the Transmission System 20082018. Lot: It is the set or group of Transmission Works defined in Annex 1, for which a
Proposal is submitted within the present Bidding Process. Ministry of Energy and Mines:
Called indifferently Ministry or MEM. Transmission Works: They are the New
Transmission Lines and their terminals; the transformers, their terminals and other
equipment; New Substations; and extension of Existent Substations, considered in the
Plan of Expansion of the Transmission System 2008-2018 and that are part of each one
of the Lots. Awarded o Adjudged Bidder: Is the Bidder to whom the Ministry awards or
adjudges to him, one or several Lots, granting to him in case it is necessary, the
authorization as Carrier, having the Awarded or Adjudged Bidder to comply with all
the Law requirements. Bid: it means the proposal submitted by the Bidder in
accordance with the Bidding Terms or Conditions that includes the Technical
Proposal and the Economic Proposal, that are part of the present Contract. Strategic
Participant: For the case of a Consortium or Partnership, is one of their members that
shall have a minimum Economic Participation of thirty percent (30%) in the
Consortium or Partnership and in the company to be found or organized, and who
shall have to fulfill the technical, economic and financial requirements of the Bidding
Terms and Conditions. Economic Participation: It means direct or indirect investment
(whether in the form of shares, participation or subordinate debt) in the company
that shall enter into the Contract of Authorization of Work Execution in its capacity of
Awarded or Adjudged Bidder. A Bidder shall be able to invoke merits of the Strategic
Participant or the Strategic Partner, to give fulfillment to the specifications contained
in the Bidding Terms and Conditions. Plan of Expansion of the Transmission System
2008-2018 or Plan: It is the document approved by the Comisión Nacional de Energía
Eléctrica (National Energy Commission), by means of the Resolution CNEE-163-2008, in
which the Works of Transmission are recorded. Toll: It is the payment earned by the
proprietor of the transmission, transformation or distribution facilities for the use of
these facilities for the transportation of power and Electric Power on the part of third
parties. Amortization Period: It is the period that it initiates in the Date of Commercial
Operation of each Lot, in which the Awarded or Adjudged Bidder shall receive as
sole remuneration the Annual Canon of the Lot that was awarded or adjudged to
him, which includes a period of time of fifteen (15) years. Operation Period: Is the
subsequent period to Amortization Period in which the Carrier shall receive exclusively
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the Toll that corresponds to the Main System, fixed by the CNEE. Person: Is any
individual or legal, national or foreign person, who can realize legal transactions and
assume obligations in the Republic of Guatemala. Bidding Process: It is the process
published by the CNEE under the denomination of Open Bidding PET-1-2009. Program
of Work Execution: Sworn declaration document that each Awarded or Adjudged
Bidder shall have to submit to the Ministry and the CNEE in the Programmed Date of
Beginning of Construction, in agreement with the model established in the numeral
6.5. Regulation of the General Law of Electricity: Governmental Agreement Number
256-97 of the Presidency of the Republic of Guatemala and its reforms. Regulation of
the Administrator of the Wholesale Market: Governmental Agreement Number 299-98
of the Presidency of the Republic of Guatemala and its reforms. Good Engineering
Practices (GEP): All the activities of technical or administrative nature that are not
detailed in the Bidding Terms and Conditions, that are necessary and that the
Awarded or Adjudged Bidder shall realize for the fulfillment of the obligations
established in the Contract. New substations: They are the transformation or switching
substations that are part of the Transmission Works of each Lot, and which they are
considered in the Plan of Expansion of the Transmission System 2008-2018. Existing
substations: They are the substations that are in commercial operation in the
Interconnected National Electrical Power System (INEPS) and which they are part of
the Main System, which shall be extended or modify on the part of the corresponding
Awarded or Adjudged Bidder, to connect the New Transmission Lines. Supervision:
They are the supervision, verification and acceptance services of the Transmission
Works of each Lot, contracted by the CNEE, charged to the Bidders who are
adjudged in the present Bidding Process. Supervisor: Shall be the individual or legal
person contracted by the CNEE by means of public bidding to perform the
Supervision. THIRD: OBJECT: The object of the present Contract is the design,
construction, constitution of Right of ways, operation and maintenance, of the
Transmission Works of the Lot _______________________ (description of the works); THE
AWARDED or ADJUDGED, is committed to execute the Transmission Works that were
awarded or adjudged to him, in accordance with the conditions and stipulations
contained in the present Contract. FOURTH: TERM OF THE EXECUTION OF TRANSMISSION
WORKS: The design, construction and constitution of the Right of Ways of the
Transmission Works of the awarded or adjudged Lot will have a term of THIRTY EIGHT
(38) MONTHS, counted as of the Programmed Date of Beginning of Construction. THE
AWARDED or ADJUDGED shall initiate the construction of Transmission Works of the Lot
according to the Critical Events established in the Program of Work Execution, that is
an integral part of the present Contract, which shall have to be delivered by THE
AWARDED or ADJUDGED according to what the Bidding Terms and Conditions
establish. FIFTH: RIGHTS AND OBLIGATIONS OF THE AWARDED OR ADJUDGED: I) RIGHTS:
THE AWARDED or ADJUDGED has the following rights: a) to use authorized public
properties, to cross rivers, bridges, streets paths, electricity transportation and
distribution lines, to remove the vegetation that is necessary within the strip of the
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Right of Ways that for the effect he constitutes it in his favor, with the intention of
constructing, operating, maintaining and repairing the Transmission Works of the Lot,
all of which shall have to be performed in accordance with the terms and conditions
established in the present Contract, the Bidding Terms and Conditions and the Bid
submitted by THE AWARDED or ADJUDGED, the General Law of Electricity and its
Regulation; b) To employ contractors or subcontractors to fulfill the obligations or to
exert the rights of the present contract, provided that the use of these third parties
does not exempt THE AWARDED or ADJUDGED from any obligation or responsibility,
that in accordance with the Law or this Contract, it corresponds to him. II)
OBLIGATIONS: THE AWARDED or ADJUDGED has the following obligations: a) To
construct and to preserve the Transmission Works of the Lot Object of the present
authorization in proper conditions for its efficient operation, maintaining reasonable
safety measures in the same; b) To design, construct, operate and maintain the
Transmission Works of the Lot object of the Authorization, observing the technical
specifications established in Annex 1 of Bidding Terms and Conditions, as well as the
technical standards or norms issued by CNEE and their reforms that are applicable. c)
To obtain and maintain the authorization in the matter of environmental impact for
the construction, operation and maintenance of the Transmission Works of the Lot
that was awarded or adjudged to him and of its associated works according to that
established in the Applicable Laws, authorization that shall have to be kept updated;
d) Implementation of the environmental mitigation measures, that correspond in
accordance with that established in the law of the matter e) To fulfill the directives
and norms issued by THE COMMISSION and the Administrator of the Wholesale
Market. f) To allow the use and access to the Transmission Works facilities of the Lot
that was awarded or adjudged, to all those that according to the Law and its
Regulation they are entitle to request it; g) To carry out the construction and assembly
of the Transmission Works of the Lot that it was adjudged to him, within the terms
established in the clause ______________, of the present Contract; h) To constitute in
favor of the entity _____________, Supervisor, a Payment Performance Bond, in
agreement with that established in the Contract of Supervision, by the amount of US$.
_________, which shall have to be in force during the execution and construction of
the Transmission Works of the Lot, until the effective acceptance of the referred
works; h) To subscribe within the thirty (30) days following the subscription of the
present Contract, the CONTRACT OF SUPERVISION, with the Supervisor, and the
Comisión Nacional de Energía Eléctrica (National Energy Commission), having for the
effect to subscribe the guarantees that necessary and that are established
according to the Bidding Terms and Conditions; j) To obtain and to keep in full effect
all the permissions and approvals necessary for the optimal operation of the object
of Transmission Works of the Lot that it was awarded or adjudged to him, imposing the
same obligations to his workers, employees, contractors and subcontractors, who are
applicable to him. k) To obtain and keep effective all the Right of Ways on public
properties or private property, that are necessary for the construction and operation
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of the Transmission Works of the Lot that it was awarded or adjudged to him; m) To
repay the damages caused to individuals, public properties or private property in
occasion of the development of Transmission Works of the Lot Object of the present
Authorization; n) Every year starting from the subscription of the present contract and
during the term of the same THE AWARDED or ADJUDGED will have to credit his
financial standing or credit rating before the MINISTRY. o) To allow access to the
necessary information to verify it, as well as to the Transmission Works facilities of the
Lot that it was awarded or adjudged to him, so that the Ministry and the CNEE,
through the Supervisor or in case that they determined it necessary, with their own
personnel, can verify the fulfillment of the Critical Events and the general advance of
works of the present Contract. p) Any other established in the Bidding Terms and
Conditions, its Annexes and Addenda. SIXTH: OF THE SUPERVISION OF WORKS AND
COMMITMENT OF PAYMENT OF THE
SUPERVISION SERVICES: THE AWARDED or
ADJUDGED specifically is committed to support to the costs established for the
rendering of the Supervision services to the entity _____________________ that it was
awarded or adjudged by the COMMISSION as Supervisor of Transmission Works of the
Lot. THE COMMISSION shall supervise, verify the fulfillment of the present Contract
in permanent and direct way, by means of the SUPERVISOR and authorized
personnel, verifying the strict fulfillment of the obligations imposed by the Law, the
Regulation, the present Contract, the Contract of Supervision, the Technical
Specifications contained in Annex 1 of the Bidding Terms and Conditions, and the
Critical Events; THE AWARDED or ADJUDGED specifically is committed to make the
payment of the Supervision services, that for the effect contracts the Comisión
Nacional de Energía Eléctrica (National Energy Commission), whose amount was
included in his Bid; SEVENTH: RIGHT OF WAYS: The Right of Ways that are necessary for
the Transmission Works of the Lot, shall be requested, negotiated, and paid by THE
AWARDED or ADJUDGED. There shall be responsibility for THE AWARDED or ADJUDGED,
and it shall not constitute justified delay, if the same is not diligent in the obtaining
and negotiation of the Right of Ways that are required. The Ministry at the request of
THE AWARDED or ADJUDGED, shall collaborate in everything what it is within his
reasonable reach or scope in obtaining and authorizing the Right of Ways, without
exempting THE AWARDED or ADJUDGED, from negotiating and making agreements
with the respective Governmental Authorities, to establish the Rights of Ways on
public properties that are necessary for the effects of the construction and operation
of the Transmission Works of the Lot object of the Authorization, particularly
concerning the payment of the compensations approved or justified by the
imposition of the Right of Ways. As well as to negotiate and to make the
corresponding agreements to establish the Right of Ways on private property that are
necessary for the construction and operation of works object of the Authorization,
particularly concerning the payment of the compensation approve or justified by the
imposition of the Right of Ways. If the holders of the private properties objected the
imposition of the Right of Ways or if THE AWARDED or ADJUDGED could not reach an
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agreement with the proprietor on the terms from the same, THE AWARDED or
ADJUDGED shall submit to THE MINISTRY a request for the imposition of legal Right of
Way public utility, in agreement with that foreseen in Article 40 of the Law, and
fulfilling the procedures established for the imposition of the same. EIGHTH:
AUTHORIZATION AS CARRIER: THE AWARDED or ADJUDGED specifically is committed
to request and to obtain on the part of THE MINISTRY its Authorization as Carrier,
complying for the effect with the requirements and procedures established in the
General Law of Electricity and its Regulation in a term that it shall not exceed a year
from the subscription of the present Contract. This clause shall be applicable solely in
the case that THE AWARDED or ADJUDGED does not possess the Authorization as
Carrier. NINTH:
GUARANTEES: A) PERFORMANCE BOND: THE AWARDED or
ADJUDGED, specifically is committed to constitute in favor of the MINISTRY, a Contract
Performance Bond equivalent to one point five times the value of an Annual Canon
per Lot that it was awarded or adjudged to him, issued by a financial entity
authorized for this type of operations in Guatemala, of recognized economic
capacity and financial standing or solvency and previously accepted by the
MINISTRY. This bond, shall guarantee the fulfillment of all the obligations on the part of
THE AWARDED or ADJUDGED, especially and without exclusion of no other, the
fulfillment of the contract time or terms and shall be effective until the acceptance
by the CNEE, of the Transmission Works of the Lot that it was awarded or adjudged to
him, and the MINISTRY issues a written record or evidence for its cancellation, which
shall be spread upon the record in the respective surety bond. B) DAMAGES BOND:
THE AWARDED or ADJUDGED shall have to contract and to maintain the insurance or
bond coverage effective for damages against general risks and civil responsibility, in
the types and amounts usually considered as Good Engineering Practices (GEP). In
case that the facilities or equipment of the Transmission Works of the Lot that it was
awarded or adjudged to him suffer damages or losses, the resources originating from
the insurance indemnifications could only be used by THE AWARDED or ADJUDGED to
repair the damages and losses suffered and to reassume immediately the operations.
THE AWARDED or ADJUDGED shall be the sole person who is liable for the corporal
injuries and damages to the property, as well as any personal damage and damages
that are caused, whether or not these are covered by the insurance, being
exonerated specifically the COMMISSION, the MINISTRY, or the State of Guatemala.
C) PAYMENT PERFORMANCE BOND OF THE SUPERVISION SERVICES: In order to
guarantee the payment of the SUPERVISOR by the rendering of Supervision services of
the Transmission Works of the Lot, THE AWARDED or ADJUDGED shall have to lend a
Payment Performance Bond by an amount of ten percent (10%) of the value of the
total amount of the Contract of Supervision, in favor of THE SUPERVISOR, which shall
be formalized by means of a surety bond issued by institutions duly authorized to
operate in the Republic of Guatemala, the Payment Performance Bond shall be
effective during the term of the Contract of Supervision, up to six (6) months after THE
COMMISSION approves the final report of the Supervision, and grants the respective
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quitclaim or quittance in favor of THE SUPERVISOR. In any case, the life of this
guarantee should be prorogued, at the cost of THE AWARDED or ADJUDGED, in case
of modification or extension of the Contract of Supervision. THE SUPERVISOR will be
able to make effective the Payment Performance Bond if it is verified that, THE
AWARDED or ADJUDGED, has unpaid to him up to two (2) quarterly quotas, extreme
that he shall demonstrate to THE COMMISSION. The guarantees and insurances,
which this Clause deals with, are constituted notwithstanding the fulfillment of all the
obligations or liabilities that emanate from the Contract and they could not be
cancelled without the written authorization of THE MINISTRY. TENTH: FINANCING:
Exclusively for the effects of financing the design, construction, constitution of the
Right of Ways, Supervision, operation and maintenance of the object of the
Authorization, THE AWARDED or ADJUDGED shall be able to constitute lien or to give in
guarantee rights, properties, interests or assets of the object of the Authorization, in
favor of any Financial Institution that provides financing to him; lien which THE
AWARDED or ADJUDGED shall have to notify to THE MINISTRY, for its knowledge and
incorporation into the respective file. ELEVENTH: ACT OF GOD OR FORCE MAJEURE: For
the effects of this contract, it is understood by act of God and force majeure, the
event of unforeseeable acts and those that still being foreseeable are
insurmountable, in any case alien to the will of the parties that they prevent or they
excuse the fulfillment of their obligations. Each party is committed to communicate to
the other, within the term of ten (10) calendar days of having occurred the act that it
gave rise to an act of God or force majeure, accompanying the evidences and
indicating implications in the execution of the contract in order to write up the
corresponding minute on the part of “THE SUPERVISOR”, who shall have to remit it
immediately to the CNEE, for its judgment or qualification. If as a consequence of
the force majeure or act of God, previously judged or qualified by the CNEE, it would
have been suspended temporarily the execution works of the Transmission Works of
the Lot that it was adjudged to him, vanished the causes of force majeure that
motivated the suspension, “THE AWARDED or ADJUDGED” shall inform “THE
SUPERVISOR”, who in turn shall inform it to “THE COMMISSION”, attaching or enclosing
copy of the respective minute of beginning of the works. Prorogation by force
majeure or act of God: While the circumstances of force majeure or act of God
subsist, judged or qualified thus, by the CNEE, and these prevent the total execution
of adjudged works, and if the constituent acts of force majeure or act of God do not
prevent the execution of the totality of the contract object, but only one or some of
the obligations emanated from the same, the Parties and the CNEE, shall agree if
such circumstances suppose or not the suspension of the contractual term, taken
care of the corresponding factual conditions and the degree of importance of the
suspended obligations. In any case of the suspension of the Contract by the events
foreseen in this Clause, “THE AWARDED or ADJUDGED” shall have to take the
conducive measures, at his cost, so that the life of the guarantees anticipated in the
SIXTH CLAUSE is extended in accordance with the period of suspension. TWELFTH:
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LIABILITIES AND INDEMNIFICATIONS: THE AWARDED or ADJUDGED shall be responsible
or liable in accordance with the Applicable Law, to compensate for all damage or
damages that he causes to the people and to the property, directly related to the
execution of the Transmission Works of the awarded or adjudged Lot. It is clearly
established between the parties, that THE MINISTRY does not have, nor assumes any
responsibility or liability with any person that THE AWARDED or ADJUDGED contracts,
who bind himself to comply with the labor provisions in force and all the Applicable
Law. THIRTEENTH: FINES AND PENALTIES: If THE AWARDED or ADJUDGED failed to fulfill
any of the provisions or conditions contained in the Law, the Regulation, and/or the
present Contract, THE COMMISSION, is authorized to impose the expressed fines in
agreement with the procedure established in articles 115 and 116 of the Regulation,
and they do not exempt THE AWARDED or ADJUDGED from any other responsibility or
liability that he had with the MINISTRY or third parties, according to the Applicable
Laws. FOURTEENTH: TRANSFERENCE: Except that arranged for in the TENTH CLAUSE, THE
AWARDED or ADJUDGED shall not be able to cede or to transfer in anyway none of
the goods, rights or obligations related to the matter of the present Contract, solely
with the previous written consent of THE MINISTRY. For the consideration and approval
on the part of THE MINISTRY of any transference, it shall be a condition that the
person to whom the goods, properties or rights shall be transferred to him, previously
accepts in writing the transference and fulfills the requirements demanded to THE
AWARDED or ADJUDGED. Any transference of the Authorization shall have to observe
the provisions contained in articles 26 to 28 of the Regulation of the General Law of
Electricity in that which it is applicable. FIFTEENTH: OF THE REMUNERATION AND MODE
OF PAYMENT OF ANNUAL CANON OF THE TRANSMISSION WORKS OF THE AWARDED OR
ADJUDGED LOT: THE AWARDED or ADJUDGED, shall receive starting from the Date of
Commercial Operation, as sole remuneration the Annual Canon of
_______________$/year, which was determined according to law or rule by the
Commission, as recorded in the Resolution dated _________________ issued by the
Commission
and
awarded
or
adjudged
by
the
Ministry
in
the
Resolution_______________ in which it is recorded the awarding or adjudication of the
design, construction, constitution of Right of Ways, operation and maintenance, of the
Transmission Works of the Lot _______________________ [description of works], for the
Period of Amortization, which will perceive THE AWARDED or ADJUDGED as long as he
had fulfill the requirements established in the General Law of Electricity and its
Regulation to constitute himself as Carrier if it is the case. The Carrier, to which the
rendering of the Electric Power Transportation Service of a Lot was adjudged to him,
shall annually receive for his facilities the Annual Canon divided in twelve monthly
payments and in advance. Each one of the Participants of the Wholesale Market have
the obligation to make effective the resulting payments for the recovery of the Annual
Canon declared according to law or rule by the CNEE and adjudged by the Ministry,
which shall be collected by the Administrator of the Wholesale Market in agreement
with the information contained in the document of economic transactions, within the
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terms and forms that define the procedures for liquidation and invoicing of the Norms of
Commercial Coordination. SIXTEENTH: TERMINATION OF THE CONTRACT: The
Authorization shall terminate by: (i) by rescission of the Contract, on the occasion of
the breach, by THE AWARDED or ADJUDGED, of any of the obligations established in
the FIFTH Clause, provided that the breach has not been corrected according to that
established in the present Contract, or (II) by resignation previously judged by THE
MINISTRY. In both cases, if it is pertinent or applicable, the transference of the rights of
the authorization and of the goods that are required to continue with his operation, it
shall be proceeded according to that stipulated in the FOURTEENTH CLAUSE of this
Contract. SEVENTEENTH: BREACH OF CONTRACT: Subject to that established in the
ELEVENTH CLAUSE, shall constitute breaches of Contract by THE AWARDED or
ADJUDGED the following: a) Breach of the terms established in the FOURTH Clause of
the present Contract, b) Breach of the obligations contained in the FIFTH or NINTH
Clauses of the present Contract, c) The definitive suspension of the construction and
constitution of the Right of Ways of the Transmission Works of the Lot adjudged Object
of the Authorization, declared by the competent authority, and previous
corresponding legal process, as a consequence of the noncompliance of the
Applicable Law, d) The abandonment of the Transmission Works of the adjudged Lot,
e) The breach of any obligation, term or condition derived from the present Contract,
the General Law of Electricity and its Regulation or from the study of environmental
impact. SEVENTEENTH: REPAIR AND RESOLUTION: In case it occurs any breach or
noncompliance on the part of THE AWARDED or ADJUDGED of those foreseen in the
previous clause, to THE MINISTRY shall inform it to THE AWARDED or ADJUDGED
determining a reasonable term to him within the Good Engineering Practices (GEP),
which could not be greater than one hundred and twenty (120) days to amend it or
remedy it, unless it demonstrates to satisfaction of THE MINISTRY that materially is not
possible to repair it within the such term. If this happens THE AWARDED or ADJUDGED
shall submit to THE MINISTRY a program of amendment or remedy for this breach,
within a reasonable term and he shall proceed diligently to repair it in agreement
with the referred program. If THE AWARDED or ADJUDGED omits to repair the breach
according to that previously established, THE MINISTRY shall be able to declare the
termination of the Contract. THE AWARDED or ADJUDGED shall be liable before THE
MINISTRY or third parties for the damage or damages caused or resulting from the
breach. EIGHTEENTH: LAWS, JURISDICTION AND INTERPRETATION: THE AWARDED or
ADJUDGED bind himself a: I) to fulfill all the provisions foreseen in the Law, its Regulation,
and other legal provisions that are of general application to all who receive an award
(the awardees or successful bidders) of the Transmission services. Also, THE AWARDED or
ADJUDGED is subject to all the laws of the Republic of Guatemala. II) In all litigious
matter related to the application, interpretation, execution and termination by any
cause of the present contract, THE AWARDED or ADJUDGED by this act express waiver,
to the jurisdiction of his domicile, residence, address or place of business and submits
himself to the courts with seat in Guatemala City, indicating place to receive notices,
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summons or notifications_______________________. III) It is understood that THE AWARDED
or ADJUDGED, the contractors and subcontractors of the latter, or his partners who are
foreigners, shall not be able to resort in any form to the claim by the diplomatic
protection procedure or action, as regards to the application, interpretation, execution
and termination by any cause of this Contract. This Contract will have to be interpreted
as a whole and no provision of the same has any relevance, life or meaning by itself, or
paying neglectful attention to the meaning and existence of other provisions contained
in the General Law of Electricity and its Regulations. The name given to each clause it
does not have further object than the informative reference and it is not an integral part
of this contract. If any part of this Contract is had as invalid due to the contradiction
with a legal provision, the validity of the other parts shall not be affected. IV) It is agreed
by the parties that in this Contract it shall be understood as incorporated all the
applicable Laws and Regulations, in force at the time of its subscription. V) The
epigraphs or inscriptions preceding the clauses of this Contract, they do not have
interpretative validity, and they have referential character only. NINETEENTH:
NOTIFICATIONS: The communications between the parties shall take place in the
following addresses: a) in relation to THE AWARDED or ADJUDGED, at ______________
and b) in relation to THE MINISTRY at the seat of the Ministry _________________.
In case of variation of the place that is indicated to receive notifications, this one
should be spread upon the record in writing, with acknowledgment of receipt on the
other part. In the opposite case it shall be taken as valid and well made the
notifications, citations, summons and/or subpoenas that take place there. The
notifications or citations shall only provide effect as of the date in which indeed they
have been received. TWENTIETH: DOCUMENTS THAT ARE PART OF THE CONTRACT: They
are part of the present contract and are incorporated to it, therefore, the parties bind
themselves to the fulfillment of that established therein, the following documents:
Bidding Terms and Conditions, Annexes and addenda, the Technical and Economic
Bids or Proposals, and the Program of Work Execution, Annexes and addenda.
TWENTY FIRST: EXPENSES OF FORMALIZATION: All the expenses and honoraria that it
demands the corresponding granting of the Public Document or Contract registered
with the official notary, its corresponding extension or modification and inscriptions,
will be at the cost of THE AWARDED or ADJUDGED, who shall have to submit to THE
MINISTRY within a maximum term of ten days counted as of the subscription of the
Contract, the testimony or certified copy of the respective public document or
contract registered with the official notary. TWENTY SECOND: REGISTRY: The present
Contract shall be registered officially by THE MINISTRY in the respective book of
records of THE MINISTRY. Also they shall have to be registered at the cost of THE
AWARDED or ADJUDGED in the Real State Record Office, the constituted Right of
Ways, which encumber, lien or tax the real state object of the same. TWENTY THIRD:
TRANSCRIPTION OF THE RESOLUTION OF AWARD OR ADJUDICATION: By virtue of that
arranged for in the First Clause of the Present contract I proceed to completely
transcribe the Resolution of the Ministry number______ dated _________ (Transcription)
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that literally says: ____________________. TWENTY FOURTH CLAUSE: DISPUTES: All the
disputes regarding the fulfillment, interpretation, enforcement or application, or
effects of the contract, bonds and insurances, shall begin to be solved directly by the
parties, including, but without limiting itself to those derived from its celebration,
fulfillment or termination and liquidation, that cannot be solved in a friendly way, shall
be able to resort to the conciliation procedure established in the Law of Arbitration,
under the administration and the regulation of the Centre of Arbitration and
Conciliation of the Chamber of Commerce of Guatemala - CENAC-, in case of
resorting to a conciliation, for the resolution of disputes, the expenses and honoraria
will be paid in equal parts by “THE SUPERVISOR” and “THE AWARDED or ADJUDGED”;
in case of not reaching any agreement in the conciliation the disputes shall be solved
by means of the procedure of fair or equitable arbitration, under the administration
and the regulation of the CENAC. As much the conciliation as the arbitration shall be
carried out in Guatemala City, in accordance with the laws of the Republic of
Guatemala. TWENTY FOURTH: ACCEPTANCE: The contracting parts, in the capacity
whereupon each one of them act, they accept the complete content of each and
every one of the clauses of the present contract. They recognize as sufficient title,
with perfect and full probative value the testimony or certified copy of this public
document or contract registered with the official notary that for such effects must be
collated or compared. I, the Notary, I spread upon the record that I had at sight: the
related certificates of residence and documents whereupon the grantors accredit
their representation, and that by designation of these latter, I completely read the
writing, who well-informed of its legal content, value and other legal effects, they
accept, ratify and sign it.
THE MINISTER OF ENERGY AND MINES
THE AWARED or ADJUDGED
II. The Comisión Nacional de Energía Eléctrica (National Energy Commission) will be
able to modify by own initiative the Bidding Terms and Conditions approved by this
Resolution, when therefore considers it necessary or by request of any interested
party in participating in this event and that he shall have acquired the present
Bidding Terms and Conditions.
III. The Open Bidding Process, that is carried out in accordance with that established in
the Bidding Terms and Conditions that by this act is approved, does not imply the
purchasing, contracting of goods, supplies, works or services on the part of the
Comisión Nacional de Energía Eléctrica(National Energy Commission) or the Ministerio
de Energía y Minas (Ministry of Energy and Mines), or any Body of the State of
Guatemala, its decentralized entities or autonomous branchs.
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IV. The present event of Open Bidding shall have to be summoned by means of
publications in the Diario de Centro América (Gazette or Official Newspaper), in one
of the newspapers of greater circulation, in the portal of Guatecompras
(www.guatecompras.gt) and in the Web site of the Comisión Nacional de Energía
Eléctrica (National Energy Commission).
Carlos Eduardo Colom Bickford, Engineer
President
Enrique Moller Hernández, Engineer
Director
César Augusto Fernández Fernández
Director

annex 1

Transcripción

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