Showing posts with label contract. Show all posts
Showing posts with label contract. Show all posts

Sunday, 11 December 2016

Power purchase Agreement

Definition of A power purchase agreement (PPA), or electricity power a agreement, is a contract between two parties, one which generates electricity (the seller) and one which is looking to purchase electricity (the buyer). In the agreement all the terms and conditions regarding commercial matters such as  when the project will begin commercial operation, schedule for delivery of electricity, penalties for under delivery, payment terms, and termination are agreed in detail. The Power Purchase agreement is a key item in setting up a power project .The project finance largely depends on this power purchase agreement which explains the revenue and credit quality of the power generating project. Since the requirement of power will be on continuous basis the buyer and seller enter into the agreement for minimum 5 to 20 years .During this contract period the buyer purchase energy and other auxiliary services also. According to power purchase agreement the responsibility of the selling company of Power is to own the power project by himself and form a special purpose entity to facilitate the non-recourse project finance. The responsibility of the buyer of the power purchase agreement is to purchase the electricity to meet its customers needs.le. Electricity traders may also enter into PPA with the Seller. one of the key benefits of the Power purchase agreement is that by clearly defining the output of the generating assets (such as a solar electric system) and the credit of its associated revenue streams, a Power purchase agreement can be used by the PPA provider to raise non-recourse financing from as per the agreement must be supplied to the buyer. Before the seller can sell electricity to a bank or other financing counterparty. The time is the essence of the power purchase agreement. The date of signing the contract between the two parties is called as effective date of the contract. The generation of power should start as per the completion date mentioned in the contract agreement. Again it is very clear that the entire power produced by the power producing company the buyer, the project must be fully tested and commissioned to ensure reliability and comply with established commercial practices. The commercial operation date is defined as the date after which all testing and commissioning has been completed and is the initiation date to which the seller can start producing electricity for sale (i.e. when the project has been substantially completed). The commercial operation date also specifies the period of operation, including an end date that is contractually agreed

 

Saturday, 26 November 2016

Minimum wages

To calculate the labour cost in India two most important parameters are to be known to the estimator. What is the amount of wages we have to pay to workers? Whether the wages are same for all the labours or it differs. Second parameter is the man-hour to be spent for completion of a particular type of activity. How many persons of different category are to be deployed for that activity? Are there any common guide lines to calculate the parameters? Yes. Regarding the labours wages there is a common guide line in India.   Remuneration which the workers are entitled for the work performed by them can be find out by Minimum wages act in India..
          The Minimum Wages Act, 1948: It is landmark legislation in India for regulating of wages in the country. A basic rate of wages and a special allowance i.e. cost of living allowance; A basic rate of wages with or without cost of living allowance and case value of concessions for supplies of essential commodities; An all inclusive rate, i.e. basic rate, cost of living allowance and cash value concessions. The Government may fix the minimum rates of wages either by the hour, by the day, by the month or by such large wage-period as may be prescribed which may be revised at intervals and reviewed 

The Government may fix or revise minimum wages either by committee procedure of by notification procedure.. The rates recommended by the committee and accepted by Government or the rates determined by Government after consideration of all representatives should be published in the Official Gazette. Minimum Wages in India are revised during the month of April and October of every year. The living wage is an informal benchmark, not a legally enforceable minimum level of pay, like the national minimum wage. The Indian Constitution has defined a 'living wage' that is the level of income for a worker which will ensure a basic standard of living including good health, dignity, comfort, education and provide for any contingency. 

However, to keep in mind an industry's capacity to pay the constitution has defined a 'fair wage'.. Fair wage is that level of wage that not just maintains a level of employment, but seeks to increase it keeping in perspective the industry’s capacity to pay India introduced the Minimum Wages Act in 1948, giving both the Central government and State government jurisdiction in fixing wages. The act is legally non-binding, but statutory. Payment of wages below the minimum wage rate amounts to forced labour. 

Wage Boards are set up to review the industry’s capacity to pay and fix minimum wages such that they at least cover a family of four’s requirements of calories, shelter, clothing, education, medical assistance, and entertainment. Under the law, wage rates in scheduled employments differ across states, sectors, skills, regions and occupations owing to difference in costs of living, regional industries' capacity to pay, consumption patterns, etc. Hence, there is no single uniform minimum wage rate across the country and the structure has become overly complex. 

Since minimum wages are not standard and from one state to other state it varies because of living conditions and enforcement of minimum wages by both state and central governments it becomes utmost important for the estimator to understand which Minimum wages act ( whether state minimum wages act or central minimum wages act) is to be followed.There are standard guidelines and official notifications and amendments from time to time are to be collected and kept in position ready before starting the estimation which will sort out calculating the first parameter of the direct manpower calculations. The minimum wages rate for Indian workers are normally indicated not with their technical designation like welder, fitter, rigger, electricians, khalasi  and helpers. They are divided in to four different  disciplines classified.. Technicians with high degree of skills to perform the works are called highly skilled labours. Normally High pressure welders, electricians, fabricators, Foreman etc fall under this heading. Fitters , junior electricians, structural welders ,Riggers are categorised in skilled workers levels similarly khalasis are considered in semiskilled level and helpers are in unskilled level.
                      
The minimum rates at delhi as below:

The following rates of minimum wages shall be applicable in respect of unskilled, semiskilled and skilled categories in all schedules employments except employment in the establishments where the workers are given facilities of meals or lodging or both by the employer

Category
Rates as on 01.04.2016
(Rupees)
Dearness Allowances (pm) w.e.f 01.10.2016 (Rupees)
Rates from (Rupees) 01.10.2016
Per-Month
Per-Day
Un-skilled
9568.00
156.00
9724.00
374.00
Semi skilled
10582.00
182.00
10764.00
414.00
Skilled
11622.00
208.00
11830.00
455.00

The following rates of minimum wages shall be applicable in employment in establishments where the workers are given facilities of meals of lodging or both by by the employer
Category
Rates as on 01.04.2016
(Rupees) 
Dearness Allowances (pm) w.e.f
01.10.2016 (Rupees)
Rates from (Rupees) 01.10.2016
Per-Month
Per-Day
Un-skilled
(i)9412.00
156.00
(i)9568.00
(i)368.00

(ii)8710.00

(ii)8866.00
(ii)341.00

(iii)8606.00

(iii)8762.00
(iii)337.00





Semi skilled
(i)10426.00
182.00
(i)10608.00
(i)408.00

(ii)9620.00

(ii)9802.00
(ii)377.00

(iii)9516.00

(iii)9698.00
(iii)373.00





Skilled
(i)11440.00
208.00
(i)11648.00
(i)448.00

(ii)10582.00

(ii)10790.00
(ii)415.00

(iii)10452.00

(iii)10660.00
(iii)410.00





(i)Where only lodging is provided (ii) where only meals twice a day is provided 
(iii) Where both meals and lodging are provided.

 The following rates of minimum wages shall be applicable in respect of Clerical and     Supervisory Staffs in all Scheduled Employments


Category
Rates as on 01.04.2016
(Rupees) 
Dearness Allowances w.e.f .01.10.2016
(Rupees) 
  Rates from   (Rupees) 01.10.2016 Per Month
Non Matriculates
10582.00
182.00
     10764.00
 414.00
Matriculates but not graduates
11622.00
208.00
     11830.00
 455.00
Graduate and above
12662.00
208.00
     12870.00
495.00
*( All Rates are in rupees)

 The estimator to identify the state and place of work to be carried out and collect proper minimum wages document to fix the wages of different disciplined people.
          

Thursday, 24 November 2016

Types of contracts

In my Blog i would like to describe the general procedure for preparation of quotation when the company receive the enquiry from the client. Initially the received bid is thou roughly scrutinised for the worth of quoting the bid. The nature and financial involvement is assessed by viewing the bid. The bid may be a normal Labour contract, only a small infra structure civil contract, only a part package of the project , may be either Engineering,Procurement and construction project or a normal erection contract . 

                     Labour contracts :Every company in India have their own policies in selection of the work for execution. Some contracting  companies wish to participate in all works of construction. It may be a civil contract, mechanical contract, electrical contract others which is purely construction in nature. This means whatever materials related to the construction activities either consumables or construction materials every item will be supplied by the client. Only labour portion of the contract will be carried out by the contracting company. The contract value of which will be very less. The contractors who have labours under their control wishes to execute such bids. Bigger companies with their own resources don’t wish to participate in such bids

LABOUR CONTRACTOR WITH WORKERS

Civil contracts : When the owner wishes to control the cost of the project normally the infr tructure facilities like local roads( Temperorary in nature) to be provided for their Engineering, rocurement and contraction contractor ,they develop the facilities with their own officers and only hiring a medium sized contractor who can carry out such projects ( Mostly from local area) are selected. In such cases the civil materials like bricks, sand,rebar,metal etc.According to clarifications ,contractors are classified as Class A,B,C based on their resources and financial capabilities. When the work starts the design and darwings required for execution of the works are normally prepared by the design and engineering contractor selected by the owner of the project and the execution at site is being carried out by the officers of the owner.

Buil                                                    Building Contractor

Packaging Route : Certain clients having sufficient workforce implements the project on package   route. It means the major equipments and material procurement actions are taken care by the owner himself and units forming part of the project which are readily available in market with sufficient experience in that particular field are purchased by owner. In the presence of the representative of the package supplier the client himself hire a small contractor and under the guidance of package vendor the contractor completes the works of the package. Normally the value of contracts are normally less except for major erections like boilers of higher capacity. Based on the size and capacity of the package the client choose a contractor who has sufficient experience in that particular field along with financial capabilities. In case  the client wants to capture good reputed contractors for installation they combine major packages together to increase the contract value of the installation.


                                Erection Contracts : When big factories are set up for the production of power, fertilizer ,petrochemicals and ore beneficiation plants the volume of items to be installed are huge and many and in most of the cases such items can not be handled by client himself. Hence it becomes absolutely necessary for him to engage a standard contractor to carry out major installation works. The erection works are complex in nature and involves installation of many items like structural steel, Heavy equipments, rotary equipments, pipe line works with various materials of construction . To handle such a big volume of work it may not possible either by a small or a medium sized contractor. Hence the client/ owner has no option except to select a contractor with good financial capability along with their own major resources to execute the work in time with quality.  Contracts of that nature are being handled by big contracting companies in the country.

Read my next post regarding cost estimation of Erection contracts