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 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] 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. Resolution CNEE-43-2009 Página Page 59 of 137 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] 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, Resolution CNEE-43-2009 Página Page 60 of 137 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] 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 approximate length of 12 km, viii. Santa Eulalia - Huehuetenango II Transmission Line 230 kV, with an approximate length of 92 km, 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, Resolution CNEE-43-2009 Página Page 61 of 137 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] 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 Resolution CNEE-43-2009 Página Page 62 of 137 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] 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% Resolution CNEE-43-2009 Página Page 63 of 137 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] 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 approximate length of 19 km, h. Las Cruces - Guate Oeste Transmission Line 230 kV, with an approximate length of 9 km, 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. Resolution CNEE-43-2009 Página Page 64 of 137 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] Resolution CNEE-43-2009 Página Page 65 of 137 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] 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, Resolution CNEE-43-2009 Página Page 66 of 137 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] 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 transformation, in accordance with that established in numeral 3.2.1, 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. The land area necessary to incorporate two additional reserve bays of 230 kV. v. The land area necessary to incorporate busbars of 69kV and transformation, in accordance with that established in numeral 3.2.1, and three bays. 3.2.4. 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. 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 shall be located. Resolution CNEE-43-2009 Página Page 67 of 137 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] iv. v. vii. viii. ix. x. Three reserve bays of 230 kV. The land area necessary to incorporate two additional reserve bays of 230 kV. Necessary infrastructure to incorporate busbars of 69kV and transformation, in accordance with that established in numeral 3.2.1, and 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. The land area necessary to incorporate two additional reserve bays of 230 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 transformation, in accordance with that established in numeral 3.2.1, and two bays. 3.3. Description of the New Transmission Lines Next appears a description of the New Transmission Lines. Resolution CNEE-43-2009 Página Page 68 of 137 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] 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, being its approximate length of 18 km. 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, being its approximate length of 5 km. 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. Resolution CNEE-43-2009 Página Page 69 of 137 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] 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. Resolution CNEE-43-2009 Página Page 70 of 137 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] 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 Resolution CNEE-43-2009 Bays 69 [kV] Página Page 71 of 137 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] 4. DESCRIPTION OF LOT B 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) 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. Resolution CNEE-43-2009 Página Page 72 of 137 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] Resolution CNEE-43-2009 Página Page 73 of 137 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] 4.1. Borders of Lot B Taking into account the Interconnected National Electrical Power System (INEPS) 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. An equipped line bay of 230 kV that shall serve to receive the single circuit Transmission Line proceeding from the Covadonga substation, ii. An equipped line bay of 230 kV that shall serve to receive the single circuit Transmission Line proceeding from the Santa Eulalia Substation, iii. Four reserve bays of 230 kV. iv. The land area necessary to incorporate two additional bays in 230 kV. Resolution CNEE-43-2009 Página Page 74 of 137 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] 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. An equipped line bay of 230 kV that shall serve to receive the single circuit Transmission Line proceeding from the San Juan Ixcoy Substation, ii. An equipped line bay of 230 kV that shall serve to receive the single circuit 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. The land area necessary to incorporate two additional bays in 230 kV. v. The land area necessary to incorporate busbars of 69kV and transformation, in accordance with that established in numeral 3.2.1, and 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. An equipped line bay of 230 kV to receive the single circuit Transmission Line proceeding from the Covadonga Substation, iv. A reserve bay of 230 kV. v. The land area necessary to incorporate two additional bays in 230 kV. 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 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. vii. Necessary infrastructure to incorporate busbars of 138 kV and transformation, in accordance with that established in numeral 3.2.1, viii. An equipped line bay of 138 kV that shall be used to receive the single circuit Transmission Line proceeding from the Huehuetenango I Substation, ix. An equipped line bay of 138 kV to receive the single circuit Transmission Line proceeding from the Pologua Substation. x. Two reserve bays of 138 kV. Resolution CNEE-43-2009 Página Page 75 of 137 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] 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. 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 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. Resolution CNEE-43-2009 Página Page 76 of 137 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] 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. 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 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. 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 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. An equipped line bay of 230 kV to receive the single circuit Transmission 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 Resolution CNEE-43-2009 Página Page 77 of 137 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] The Adapting Works in the Uspantán substation shall include: i. An equipped line bay of 230 kV to receive the single circuit Transmission Line proceeding from the Covadonga Substation. Resolution CNEE-43-2009 Página Page 78 of 137 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] 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 OHB = One-and-a-Half Breaker, SB = Single Busbar, DB = Double Busbar, NA = Non applicable. 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. Resolution CNEE-43-2009 Página Page 79 of 137 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] 5. DESCRIPTION OF LOT C The Transmission Works consist of the design, constitution of Right of Ways, supply, transportation, construction, assembly, tests, operation and maintenance of the 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. The following figure shows the referential location of these works. Resolution CNEE-43-2009 Página Page 80 of 137 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] Resolution CNEE-43-2009 Página Page 81 of 137 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] 5.1. Borders of Lot C Taking into account the Interconnected National Electrical Power System (INEPS) at the present time, next are defined the Transmission Works to which the new 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. An equipped line bay of 230 kV that shall be used to receive the single circuit Transmission Line proceeding from the Panaluya Substation, ii. An equipped transformation bay 230/69 kV made up of three single-phase 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. iii. Four reserve bays of 230 kV. iv. The land area necessary to incorporate two additional reserve bays of 230 kV. xi. Necessary infrastructure to incorporate busbars of 69kV and transformation, in accordance with that established in numeral 3.2.1, and 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 New Substation with length equivalent to the distance between both substations. 5.3. Description of the Transmission Lines Next appears a description of the Transmission Lines that form part of Lot C. Resolution CNEE-43-2009 Página Page 82 of 137 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] 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. 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 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. An equipped line bay of 230 kV to receive the single circuit Transmission Line proceeding from La Ruidosa Substation. Resolution CNEE-43-2009 Página Page 83 of 137 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] 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 OHB = One-and-a-Half Breaker, SB = Single Busbar, DB = Double Busbar, NA = Non applicable. 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. Resolution CNEE-43-2009 Bays 69 [kV] Página Page 84 of 137 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] 6. DESCRIPTION OF LOT D The Transmission Works consist of the design, constitution of Right of Ways, supply, transportation, construction, assembly, tests, operation and maintenance of the 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. The following figure shows the referential location of these works. Resolution CNEE-43-2009 Página Page 85 of 137 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] Resolution CNEE-43-2009 Página Page 86 of 137 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] 6.1. Borders of Lot D Taking into account the Interconnected National Electrical Power System (INEPS) at the present time, next are defined the Transmission Works to which the new 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). 6.2. Description of the Substations 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. An equipped line bay of 230 kV that shall be used to receive the single circuit Transmission Line proceeding from La Ruidosa Substation, An equipped line bay of 230 kV to receive the single circuit Transmission Line proceeding from the Tactic Substation, An equipped transformation bay 230/69 kV made up of three single-phase 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. Four reserve bays of 230 kV. The land area necessary to incorporate an additional reserve bay of 230 kV. Necessary infrastructure to incorporate busbars of 69kV and transformation, in accordance with that established in numeral 3.2.1, and two reserve bays. Resolution CNEE-43-2009 Página Page 87 of 137 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] vii. viii. ix. An equipped bay in the New Substation to interconnect the busbars of 69 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 New Substation with length equivalent to the distance between both substations. 6.3. Description of the Transmission Lines 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. 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 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. 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 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. An equipped line bay of 230 kV to receive the single circuit Transmission Line proceeding from El Estor Substation. Resolution CNEE-43-2009 Página Page 88 of 137 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] 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. An equipped line bay of 230 kV to receive the single circuit Transmission Line proceeding from El Estor Substation. Resolution CNEE-43-2009 Página Page 89 of 137 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] 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 OHB = One-and-a-Half Breaker, SB = Single Busbar, DB = Double Busbar, NA = Non applicable. 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 * Line constructed for a circuit and foreseen for double circuit. 1* Resolution CNEE-43-2009 Página Page 90 of 137 Equipped Reserve Area 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] 7. DESCRIPTION OF LOT E The Transmission Works consist of the design, constitution of Right of Ways, supply, transportation, construction, assembly, tests, operation and maintenance of the 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. The following figure shows the referential location of these works. Resolution CNEE-43-2009 Página Page 91 of 137 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] Resolution CNEE-43-2009 Página Page 92 of 137 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] 7.1. Borders of Lot E 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 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. 7.2. Description of the Substations 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. An equipped line bay of 230 kV that shall be used to receive the single 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. Four reserve bays of 230 kV. The land area necessary to incorporate two additional reserve bays of 230 kV. Necessary infrastructure to incorporate busbars of 69kV and transformation, in accordance with that established in numeral 3.2.1, and two reserve bays. An equipped bay in the New Substation to interconnect the busbars of 69 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. Resolution CNEE-43-2009 Página Page 93 of 137 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] x. A Link of 69 kV between the busbars of the existent Substation and the New Substation with length equivalent to the distance between both substations. 7.3. Description of the Transmission Lines 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. 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 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. An equipped line bay of 230 kV to receive the single circuit Transmission Line proceeding from El Rancho Substation. Resolution CNEE-43-2009 Página Page 94 of 137 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] 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 OHB = One-and-a-Half Breaker, SB = Single Busbar, DB = Double Busbar, NA = Non applicable. 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* * Line constructed for a circuit and foreseen for double circuit. Resolution CNEE-43-2009 Bays 69 [kV] Página Page 95 of 137 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] 8. DESCRIPTION OF LOT F The Transmission Works consist of the design, constitution of Right of Ways, supply, transportation, construction, assembly, tests, operation and maintenance of the 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. The following figure shows the referential location of these works. Resolution CNEE-43-2009 Página Page 96 of 137 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] Resolution CNEE-43-2009 Página Page 97 of 137 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] 8.1. Borders of Lot F Taking into account the Interconnected National Electrical Power System (INEPS) at the present time, next are defined the Transmission Works to which the new 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. 8.2. Description of the Substations 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. An equipped line bay of 230 kV that shall be used to receive the single circuit Transmission Line proceeding from Las Cruces Substation, An equipped line bay of 230 kV to receive the single circuit Transmission 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. Three reserve bays of 230 kV. The land area necessary to incorporate two additional reserve bays of 230 kV. Necessary infrastructure to incorporate busbars of 69kV and transformation, in accordance with that established in numeral 3.2.1, and two reserve bays. Resolution CNEE-43-2009 Página Page 98 of 137 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] 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. 8.3. Description of the Transmission Lines 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. 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 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. 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 51 km. 8.4. Additional Transmission Works Associated to Lot F Resolution CNEE-43-2009 Página Page 99 of 137 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] 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. Resolution CNEE-43-2009 Página Page 100 of 137 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] 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 OHB = One-and-a-Half Breaker, SB = Single Busbar, DB = Double Busbar, NA = Non applicable. Table 17: Summary of the Transmission Line Characteristics of Lot F 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 Table 18: Summary of the Transmission Line Characteristics of Lot F 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. Resolution CNEE-43-2009 Página Page 101 of 137 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] 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 Resolution CNEE-43-2009 Página Page 102 of 137 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] 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 Resolution CNEE-43-2009 Página Page 103 of 137 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] 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 Resolution CNEE-43-2009 Página Page 104 of 137 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] 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 Resolution CNEE-43-2009 Página Page 105 of 137 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] 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. Resolution CNEE-43-2009 Página Page 106 of 137 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] 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 Resolution CNEE-43-2009 Página Page 107 of 137 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] 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. Resolution CNEE-43-2009 Página Page 108 of 137 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] 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 Resolution CNEE-43-2009 Página Page 109 of 137 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] 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. Resolution CNEE-43-2009 Página Page 110 of 137 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] 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. Resolution CNEE-43-2009 Página Page 111 of 137 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] 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 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 Operation and maintenance of Transmission Lines Information Project 1 Project 2 Project 3 Folio in the Technical Bid or Proposal Contracting company Identification of the Transmission Line Resolution CNEE-43-2009 Página Page 112 of 137 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] 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 Years of Operation and Maintenance Format 2. Design of electrical substations 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) Capacity (MVA) % of Participation of the execution of the project Amount of the contract Date of beginning and completion Construction of electrical substations Information Project 1 Project 2 Project 3 Folio in the Technical Bid or Proposal Contracting company Identification of substation Location (Country, region, department, etc.) Resolution CNEE-43-2009 Página Page 113 of 137 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] Voltage (kV) Capacity (MVA) % of Participation of the execution of the project Amount of the contract Date of beginning and completion Operation and maintenance of electrical substations 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) Capacity (MVA) % of Participation of the execution of the project Amount of the contract Date of beginning and completion 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: Resolution CNEE-43-2009 Página Page 114 of 137 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] 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, Resolution CNEE-43-2009 Página Page 115 of 137 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] ____________________, 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 Resolution CNEE-43-2009 Página Page 116 of 137 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] 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 Resolution CNEE-43-2009 Página Page 117 of 137 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] 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 Resolution CNEE-43-2009 Página Page 118 of 137 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] 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 Resolution CNEE-43-2009 Página Page 119 of 137 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] 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 Resolution CNEE-43-2009 Página Page 120 of 137 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] 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 Resolution CNEE-43-2009 Página Page 121 of 137 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] 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 Resolution CNEE-43-2009 Página Page 122 of 137 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] 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 Resolution CNEE-43-2009 Página Page 123 of 137 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] 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) Resolution CNEE-43-2009 Página Page 124 of 137 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 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 Resolution CNEE-43-2009 Página Page 125 of 137 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] 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 Resolution CNEE-43-2009 Página Page 126 of 137 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] 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 Resolution CNEE-43-2009 Página Page 127 of 137 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] 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 Resolution CNEE-43-2009 Página Page 128 of 137 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] 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 Resolution CNEE-43-2009 Página Page 129 of 137 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] 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 Resolution CNEE-43-2009 Página Page 130 of 137 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] 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 Resolution CNEE-43-2009 Página Page 131 of 137 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] 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: Resolution CNEE-43-2009 Página Page 132 of 137 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] 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 Resolution CNEE-43-2009 Página Page 133 of 137 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] 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, Resolution CNEE-43-2009 Página Page 134 of 137 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] 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) Resolution CNEE-43-2009 Página Page 135 of 137 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] 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. Resolution CNEE-43-2009 Página Page 136 of 137 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] 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 Resolution CNEE-43-2009 Página Page 137 of 137