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NOTICE INVITING TENDER

FOR

DESIGN, ENGINEERING, FABRICATION, SUPPLY, ERECTION, TESTING AND PRE- COMMISSIONING / COMMISSIONING OF MOUNDED LPG STORAGE

BULLETS AT NUMALIGARH REFINERY, ASSAM, ON LSTK BASIS

NIT NO. - PNMM/EM163/E/001

October 2015

PREPARED BY

PROJECTS & DEVELOPMENT INDIA LTD. (A Govt. of India Enterprise)

PDIL BHAWAN, A-14, SECTOR-1, NOIDA‐201301, U.P., (INDIA)

NUMALIGARHREFINERY

LIMITED

(A GOVT. OF INDIA ENTERPRISE)

INSTALLATION OF LPG MOUNDED BULLETS AT NRL,ASSAM

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FORM NO: 02‐0000‐0021 F2 REV3 All rights reserved

Name of Work : Design, Engineering, Fabrication, Supply, Erection, Testing and Pre- Commissioning / Commissioning of Mounded LPG Storage Bullets at Numaligarh Refinery, Assam on LSTK Basis.

NIT No. : PNMM/EM163/E/001

PART- I : COMMERCIAL

SECTION DESCRIPTION

1.0 NOTICE INVITING TENDER 2.0 INSTRUCTIONS TO BIDDER

ANNEXURE - I BIDDER INFORMATION ANNEXURE - II DETAILS OF EQUIPMENTS TOOLS AND TACKLES

ANNEXURE - III DETAILS OF SIMILAR WORK DONE DURING PAST SEVEN YEARS

ANNEXURE - IV CONCURRENT COMMITMENTS OF THE BIDDER ANNEXURE - V COMPLIANCE TO BID REQUIREMENTS

ANNEXURE - VI VALIDITY OF BID ANNEXURE - VII ANNUAL TURNOVER IN LAST THREE YEARS

ANNEXURE - VIII PROFORMA OF EXCEPTIONS & DEVIATIONS ANNEXURE - IX CHECK LIST FOR SUBMISSION OF BID ANNEXURE - X SCHEDULE OF RATES

ANNEXURE - XI PROFORMA FOR SUBMISSION OF DETAILS OF SPECIFIC EXPERIENCE AS CALLED FOR IN “QUALIFICATION CRITERIA” OF NOTICE INVITING TENDER

ANNEXURE - XII COMMERCIAL QUESTIONNAIRE ANNEXURE - XII DETAILS OF P.F. REGISTRATION

ANNEXURE - XIV DETAILS OF PROPOSED SITE ORGANIZATION ANNEXURE - XV PROFORMA OF INTEGRITY PACT

3.0 GENERAL CONDITIONS OF CONTRACT ANNEXURE - I PROFORMA OF AGREEMENT

ANNEXURE - II PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

ANNEXURE - III PROFORMA OF BANK GURANTEE FOR SECURITY DEPOSIT ANNEXURE - IV GUARANTEE AGAINST ADVANCE PAYMENT ANNEXURE - V INDENTURE FOR SECURED ADVANCES

ANNEXURE - VI COMPOSITE BANK GUARANTEE FOR ADVANCE AND SECURITY DEPOSIT.

ANNEXURE - VII MODIFICATION OF GENERAL CONDITIONS OF CONTRACT ANNEXURE - VIII SAFETY & SECURITY REGULATION

4.0 SPECIAL CONDITIONS OF CONTRACT APPENDIX-I MEASUREMENT OF WORKS

APPENDIX-II TERMS OF PAYMENT APPENDIX-III SCOPE OF WORK

APPENDIX-IVA MANPOWER CRITERIA APPENDIX-IVB PENALTY FOR NON-MOBILIZATION OF KEY CONSTRUCTION

PERSONNEL APPENDIX-IVC KEY CONSTRUCTION MANPOWER TO BE DEPLOYED BY THE

CONTRACTOR APPENDIX-VA REFERENCE LIST OF MAJOR EQUIPMENTS (TO BE

DEPLOYED BY CONTRACTOR) APPENDIX-VB PENALTY RATE FOR NON DEPLOYMENT OF EQUIPMENTS


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PART- II : TECHNICAL

Section No. Description

1 Process

2 Civil

3 Pressure Vessel

4 Instrumentation

5 Electrical

6 Piping

7 Construction

8 Project Execution Plan

9 General Guidelines For HSE

10 Vendor List


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Detailed Index of various Sections are as follows: SECTION 1 OF 10 (TECHNICAL)

Process Engg.

Sl. No. Description Drg. / Doc. No. No. of Pages

1 Design Basis EM163-45-DD-DB 101

12

SECTION 2 OF 10 (TECHNICAL)

Civil


1. Scope of work EM163-PNCV-SOW-101 19

2. Design Basis EM 163-PNCV-DB-101 9

3. Technical specification EM 163-PNCV-TS-101 22

4. Civil scope drawing for mound EM163-PNCV-TD-001 1

5. Pile Layout for Mound Tentative EM163-PNCV-PL-001 1


Pressure Vessel

Sl. No. Description Drg. / Doc. No. No. of

Pages

1 Cover Page EM163-TS-401-00 1

2 Specification for mounded Bullets EM163-TS-401 87

3 Specification for drain vessel EM163-TS-301 72


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SECTION 4 OF 10 (TECHNICAL) Instrumentation

Sl. No. Document Description Document No. & Rev. No. of

PART - A : General Documents

1. PART - A, Front Sheet EM163-PNIN-7901-Part A

Rev. 1 1

2. Technical Scope of Supply & Work for Instrumentation

EM163-PNIN-7901-TS Rev. 1

14

3. Design Philosophy of Instrumentation

EM163-PNIN-0701-00 Rev. 1

23

PART - B : Specifications for Supply of Field Instruments

4. PART - B, Front Sheet EM163-PNIN-7901-Part B

Rev. 1 1

5. Technical Enquiry Specification for Guided Wave Radar (GWR – non-TFMS)

EM163-E-7047 18

6. Technical Enquiry Specification for Guided Wave Radar (GWR - TFMS)

EM163-E-7147 40

7. Technical Enquiry Specification for Servo Level Transmitter EM163-E-7052 40

8. Technical Enquiry Specification for Pressure Gauge EM163-E-7053 15

9. Technical Enquiry Specification for Pressure & Diff. Pressure Transmitter

EM163-E-7044 17

10. Technical Enquiry Specification for Safety Relief Valves EM163-E-7022 19

11. Technical Enquiry Specification for Temperature Gauges EM163-E-7058 17

12. Technical Enquiry Specification for Magnetic Level Gauge EM163-E-7046 16

13. Technical Enquiry Specification for Displacer Type LT EM163-E-7148 15


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PART - C : Specifications for Erection Materials

1. PART - C, Front Sheet EM163-PNIN-7901-Part C Rev. 1 1

2. ENGINEERING SPECIFICATION FOR INST. VALVES

ES-7337 6

3. ENGINEERING SPECIFICATION FOR COMPRESSION FITTINGS

ES-7334 6

4. ENGINEERING SPECIFICATION FOR SS TUBES

ES-7341 5

5. ENGINEERING SPECIFICATION FOR PIPE FITTINGS AND ISOLATION VALVES

ES-7340 5

6. ENGINEERING SPECIFICATION FOR CABLE TRAY

ES-7335 5

7. ENGINEERING SPECIFICATION FOR JUNCTION BOX & CABLE GLAND

ES-7338 6

8. ENGINEERING SPECIFICATION FOR INSTRUMENT CABLE

ES7332 7

9. INSTALLATION STANDARDS (PRIMARY SKETCHES)

EM163-E-0720 Rev 1

9

PART - D : BOQ

10. PART - D, Front Sheet EM163-PNIN-7901-Part

D Rev. 1

1

11. BILL OF QUANTITY FOR SUPPLY OF INSTRUMENTATION ITEMS AND ERECTION MATERIALS

EM163-PNIN-BOQ-

7001 2


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Electrical

SR NO. DESCRIPTION NO. OF SHEETS

A TECHNICAL SPECIFICATION FOR CATHODIC PROTECTION SYSTEM OF LPG MOUNDED BULLETS 32

LIST OF ATTACHMENTS

1 Data Sheet for Cathodic Protection system of LPG Mounded Bullet 2

2 TS- Basic Survey for Soil Resistant Measurement 3

3 TS- Transformer Rectifier Unit for CP System 17

4 TS- Remote Monitoring Unit of TR Unit for CP System 3

5 TS- Anode junction box for CP System 4

6 TS- Cathode junction box cum Test Station for CP System 4

7 TS-Cu/CuSo4 permanent Reference Electrode for CP System 2

8 TS- Reference Electrode ( Zinc) for CP System 3

9 TS- -Cables for CP System 6

10 TS - Monitor Jn. Box. for CP System 4

11 TS - PDB. for CP System 3

12 TS -Anodes for CP System 3

13 TS -Surge Diverter for CP System 2

14 TS -Solid State Polarisation Cell for CP System 3

15 TS - Earthing Jn. Box for CP System 3

16 TS - Monolithic Isolation Joint. for CP System 3

17 Master Vendor List for CP System 2

18 Make for Electrical Items. for CP System 3


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SECTION 6 OF 10 (TECHNICAL) Piping


1 Cover Page EM163-45-PNMP-PS 100 1

2 Piping Material Specification & Valve Material Specification

EM163-45-PNMP-PS 101

Rev 0 10

3 Minimum Allowable Nozzle Loadings for Mounded Bullets

EM163-45-PNMP-PS 102 3

4 Equipment Layout Plan For Mounded Bullet

EM00163-5111-0003 Rev 0 1

5 ES-Inspection, Examination of Welding of Piping

ES 6005 17

6 ES- Pressure Testing of Piping ES 6006 7 7 ES- Leak Testing of Process Piping ES 6007 4 8 ES- Qualification of Welding

Procedure and Welder Performance for Piping

ES 6010 15

9 ES- General Specification for Erection of Piping

ES 6011 8

10 ES- Technical Notes for Pipes ES 6101 5 11 ES- Technical Notes for Fittings ES 6102 5 12 ES- Technical Notes for Flanges ES 6103 5 13 ES- Technical Notes for Studs and

Nuts ES 6104 5

14 ES- Technical Notes for Gaskets ES 6105 5 15 ES- Casing Insulators and End Seals ES 6606 8 16 ES- Underground Piping ES 6018 16 17 Tolerances for Fabricated Piping PDS-P-001 1 18 Butt Welding End Preparation for

Pipe Joints PDS – P 011 1

19 Joint Preparation for Pipe Branches and Tees PDS –P 012 4

20 Pipe Support -Standard Type and Applications PDS – P 01-65 47

21 Vent, Drain and Steam Trap Assemblies PDS – P123 10

22 Steel Ladder with Safety Cage PDS – ST 101 3 23 Hand Railing Details PDS – ST 103 9


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SECTION 7 OF 10 (TECHNICAL) Construction


1 Construction/Erection, Pre-commissioning, Commissioning

EM163-E-601 Rev 0 51

SECTION 8 OF 10 (PROJECT EXECTION PLAN) General


1 Project execution plan, Planning, schedule, monitoring, Control & inspection

EM163-PNPM-003 46

SECTION 9 OF 10 (HEALTH, SAFETY & ENVIRONMENT (HSE) General


1 General Guidelines For HSE EM163-MB-ANNEX-HSE 86

SECTION 10 OF 10 (VENDOR LIST) General


1 Vendor List EM-163/Mounded Bullet/Vendor List

30

INSTALLATION OF LPG MOUNTED BULLETS

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(SECTION - 1)

INSTALLATION OF LPG MOUNTED BULLETS AT NRL,ASSAM


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NIT NO. : PNMM/ EM163/E/001

Subject : Design, Engineering, Fabrication, Supply, Erection, Testing and Pre-Commissioning/ Commissioning of Mounded LPG Storage Bullets at Numaligarh Refinery, Assam on LSTK Basis.

(OPEN DOMESTIC COMPETITIVE BIDDING) Dear Sirs, 1.0 Projects & Development India Ltd.(PDIL), hereinafter referred to as CONSULTANT on behalf

of Numaligarh Refinary Limited (NRL), hereinafter referred as OWNER, has the pleasure of inviting eligible bidders to submit sealed bids in Single Phase Two Bid System, on Lump-Sum Turn Key (LSTK) basis, for the subject job in compliance with the Bidding Documents.

2.0 Following LSTK Bidding Documents are part of Invitation to Tender and are being enclosed

herewith:

PART – I : COMMERCIAL PART – II : TECHNICAL 3.0 Brief Scope of Work 3.1 The scope of Work is essentially Residual Design, Detailed Engineering, Procurement of

Material and Bought Out Components, Fabrication & Construction, Inspection and Testing, All NDT requirement as per applicable code (Radiography / PWHT/ Hydrotest etc), Coating and Painting, Cathodic protection, Instrumentation, Piping works, Civil and Structural Works, Erection, Pre-commissioning and Commissioning Activities in accordance with data sheets, drawings, Specifications, Codes and Standards etc of various disciplines as per the package on Lump Sum Turnkey Basis including supply of commissioning and mandatory spares.

3.2 Total single point responsibility of satisfactory execution of the entire Work shall rest with the

bidder. 3.3 Design Details given in the bid document is the minimum requirement. Upward revision /

improvement upon it can be made by the bidder. 3.4 It is not the intent to completely specify all the details of the design and construction

nevertheless the unit shall conform in all respect to the highest standards of design, engineering and workmanship. Any unit or equipment or accessories not specifically mentioned in the tender document but required to make the unit complete, safe, operable and consistent with good engineering practices shall be provided by the contractor at no extra cost and shall be deemed to have been specified.

3.5 Scope also includes barricading of the Fabrication Yard in line with the standard document

attached with the tender. Design, detail engineering, fabrication including all foundation and civil works for the Drain Vessel.



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4.0 Mounded Bullet Details

No of Bullets : 04. Capacity : 2071.3 m3 (water) / 1760.56 m3 (LPG) Design Code: ASME Sec VIII Div – 2 + SMPV Rules + OISD 150 (Latest.)

Service Design

Pressure (Kg/cm2 g)

Design Temp (deg C)

Minimum Thickness

Empty Weight (approx)

Material

LPG 14.5 + static head (internal)

-27 to 55 deg C.

Shell: 42mm Dished Ends :22 mm

450 MT SA 516 Gr 60 + A 20, S5.

5.0 Salient features of NIT

5.1 NIT No. & Date : PNMM/EM163/E/001, Dtd. 08.10.2015

5.2 Pre-Bid Conference to be held at

NRL, Assam

: 16.10.2015, 10.00 Hrs (IST)

5.3

Last date of Receipt of Bidder's Queries for Pre- Bid

: 14.10.2015

5.4 Last Date & Time for Bid Submission (Online)

: 05.11.2015, 12:00 hrs. (IST)

5.5 Date & Time for Un-priced Techno-Commercial Bid Opening (Online) (shall be done in presence of the authorized representative of bidders)

: 05.11.2015, 14:00 hrs. (IST)

5.6 Venue of Opening of bid : PDIL, Noida

5.7 Earnest Money Deposit (EMD)

: INR 1.00 Crore

5.8 Time Schedule of job: • Mechanical Completion

• Commissioning

:15 Months from the Effective Date of Contract :17 Months from the Effective Date of Contract

5.9 Address for Correspondence PROJECTS & DEVELOPMENT INDIA LTD. (A Govt. of India Enterprise) PDIL BHAWAN, A-14, SECTOR-1, NOIDA-201301, U.P., (INDIA) Kind Attn: Mr. R R Kumar, Addl GM (MM)



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Tel no. : + 91-120 - 2529839 (Direct) EPBX No.+91-120-2529842/43/47/51/53/54 Fax no. + 91-120 - 2529801 / 91 E-mail : [email protected] ; [email protected] ; [email protected]

6.0 PRE - QUALIFICATION CRITERIA (PQC) The intending bidders for above tender should meet the qualifications as given below: i) Annual financial turnover shall be not less than Rs. 96.00 Crore in at least one of the

preceding three (3) financial years (I.e. 2014-15, 2013-14, 2012-13). ii) Experience of having successfully completed similar works* during previous periods of

seven (7) years should be either of the following:

One similar work costing not less than Rs. 76.80 Crore. OR

Two similar works each works costing not less Rs. 48.00 Crore, OR

Three similar works each costing not less Rs. 38.40 Crore

*Similar Works:

A. The Bidder must have successfully executed and commissioned Mounded Storage Vessel System / Spheres on LSTK Basis as single point responsibility and in line with the scope mentioned in ‘II’ in any Hydrocarbon Industry (Refineries or Petro-chemicals or Gas Processing Plants – Onshore or Offshore) or Fertilizer Plant during the last seven years.

B. The bidder should have fabricated at least two such items with MOC as Carbon Steel

of thickness 30 mm or above and total erection weight (excluding refractory and internals) of single equipment not less than 250 MT (may be in multiple lift and welded in-situ) and design pressure above or below 14 Kg/cm2 (g) during the last seven years. Copies of purchase order along with Work Completion certificate to be attached with the bid.

C. If the bidder has no experience on his own as per ‘A’ above but meets the

requirement of ‘B’ than he shall engage the services of a reputed back up consultant for design, engineering, construction supervision and performance guarantees. The backup consultant shall have to be approved by PDIL under intimation to NRL. The backup consultant must have relevant experience of his own as defined in ‘A’ above. The back up consultant shall be engaged for carrying out.

i. Either the complete design and engineering or the review of design, drawings/

data sheets prepared by the bidder. ii. Provide or review the construction ad erection procedures prepared by the bidder

and shall provide supervision during construction and commissioning. iii. Provide backup guarantees for performance and defect free job carried out by the

bidder.



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The bidder shall enter into MOU or have consent letter from the back up consultant covering the relevant scope of work. The MOU or consent letter shall be valid up to the defect liability period of the Mounded Bullets System.

General Information: Bidder shall submit the following documents along with Pre Qualification bid for meeting the PQ Criteria at the first instance itself and the evaluations will be finalized based on the documents submitted.

a. Net worth of the bidder as per the latest audited annual financial year (2014-15) shall be

positive.

b. Financial years/previous period as above shall be reckoned from the due date of submission of bids.

c. Bidder should submit Solvency Certificate from Nationalized/scheduled banks.

d. Bidders should have valid PF/VAT/Service Tax registrations and PAN. e. Company profile indicating organization structure of bidding entity. f. Bidder to submit copies of purchase/work order/experience/completion certificate

containing the item description, ordered quantity, proof of supply/commissioning/ satisfactory performance of the system in support of the above vendor prequalification criteria. All supporting documents pertaining to ‘Pre-Qualification criteria’ submitted by the Bidder shall be certified true copies, duly signed, dated and stamped by a Public Notary. In case of job under private sector, TDS certificate has to be furnished in support of payment received against the job for our scrutiny and evaluation.

g. Bidder shall submit all relevant documents of their proven track records and satisfactory

performance by giving detailed reference (email address/ contact details) of end user(s). Owner shall have the right to obtain feedback directly from any or all end user(s) about performance of the system installed at their location.

Note: The Bidder should not be under liquidation, court receivership or similar proceedings. Further agencies submitting their bids shall not be on the Holiday List of any PSU's or Government Organizations in India and shall submit the declaration for the same.

7.0 Owner/Consultant reserves the right to assess bidder's capability and capacity to perform the contract by taking into account various aspects such as concurrent commitments, responsiveness to bidding documents etc.

8.0 Owner/Consultant reserves the right to accept/reject any or all Bids without assigning any

reason whatsoever. 9.0 Bids through Fax /E-mails will not be accepted. Owner/Consultant takes no responsibility

for delay, loss or non-receipt of Bid sent by post/courier. 10.0 Bids without Earnest Money Deposit (EMD) will be rejected. 11.0 Transfer of Bidding Document is not permissible.


INSTRUCTION TO BIDDER (ITB)

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FORM NO: 02-0000-0021 F2 REV3 All rights reserved


(SECTION - 2)



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TABLE OF CONTENTS

SL NO. DESCRIPTION A. GENERAL

1.0 BRIEF SCOPE OF WORK 2.0 BIDDER'S ELIGIBILITY 3.0 COST OF BIDDING 4.0 ACKNOWLEDGEMENT & CONFIRMATION 5.0 SITE VISIT

B. BIDDING DOCUMENT, CLARIFICATIONS AND AMENDMENT 6.0 BIDDING DOCUMENT 7.0 CLARIFICATION OF BIDDING DOCUMENT 8.0 AMENDMENT OF BIDDING DOCUMENT 9.0 CONFIDENTIALITY OF BIDDING DOCUMENT

C. PREPARATION OF BID 10.0 LANGUAGE OF BID 11.0 COMPLIANCE TO BID REQUIREMENT 12.0 DOCUMENTS COMPRISING BID 13.0 BID PRICES 14.0 CURRENCIES OF BID & PAYMENT 15.0 BID VALIDITY 16.0 BID SECURITY / EARNEST MONEY DEPOSIT (EMD) 17.0 ARRANGEMENT OF BID 18.0 CHECK LIST FOR SUBMISSION OF BID 19.0 BID SUBMISSION 20.0 DEADLINE FOR SUBMISSION OF BIDS 21.0 LATE /UNSOLICITED BIDS 22.0 MODIFICATION AND WITHDRAWL OF BIDS 23.0 TIME SCHEDULE 24.0 DELETED

D. BID OPENING AND EVALUATION 25.0 OPENING OF TECHNO-COMMERCIAL BIDS 26.0 EVALUATION OF TECHNO-COMMERCIAL BIDS 27.0 OPENING OF PRICE BID 28.0 EVALUATION OF PRICE BID 29.0 CONTACTING THE OWNER 30.0 AWARD OF CONTRACT 31.0 NOTIFICATION OF AWARD 32.0 CORRUPT AND FRAUDULENT PRACTICES 33.0 CONTRACT AGREEMENT 34.0 DELETED 35.0 DELETED 36.0 DELETED 37.0 ORDER OF PRECEDENCE 38.0 ENGINEER-IN-CHARGE 39.0 PURCHASE PREFERENCE TO PSU'S 40.0 DELETED 41.0 INTEGRITY PACT



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ANNEXURES TO ITB

ANNEXURE - I BIDDER INFORMATION ANNEXURE - II DETAILS OF EQUIPMENTS TOOLS AND TACKLES ANNEXURE - III DETAILS OF SIMILAR WORK DONE DURING PAST SEVEN

YEARS ANNEXURE - IV CONCURRENT COMMITMENTS OF THE BIDDER ANNEXURE - V COMPLIANCE TO BID REQUIREMENTS ANNEXURE - VI VALIDITY OF BID ANNEXURE - VII ANNUAL TURNOVER IN LAST THREE YEARS ANNEXURE - VIII PROFORMA OF EXCEPTIONS & DEVIATIONS ANNEXURE - IX CHECK LIST FOR SUBMISSION OF BID ANNEXURE - X SCHEDULE OF PRICES ANNEXURE - XI PROFORMA FOR SUBMISSION OF DETAILS OF SPECIFIC

EXPERIENCE AS CALLED FOR IN “QUALIFICATION CRITERIA” OF NOTICE INVITING TENDER

ANNEXURE - XII COMMERCIAL QUESTIONNAIRE ANNEXURE - XIII DETAILS OF P.F. REGISTRATION ANNEXURE - XIV DETAILS OF PROPOSED SITE ORGANIZATION ANNEXURE - XV PROFORMA OF INTEGRITY PACT

:



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A. GENERAL 1.0 BRIEF SCOPE OF WORK

The scope of Work is essentially Residual Design, Detailed Engineering, Procurement of Material and Bought Out Components, Fabrication & Construction, Inspection and Testing, All NDT requirement as per applicable code (Radiography / PWHT/ Hydrotest etc), Coating and Painting, Cathodic protection, Instrumentation, Piping works, Civil and Structural Works, Erection, Pre-commissioning and Commissioning Activities in accordance with data sheets, drawings, Specifications, Codes and Standards etc of various disciplines as per the package on Lump Sum Turnkey Basis including supply of commissioning and mandatory spares.

2.0 BIDDER'S ELIGIBILITY 2.1 Bidder shall, as part of their bid, submit a written Power of Attorney authorizing the

signatory of the Bid to commit the bidder. 2.2 The invitation of bid is open to any bidder fulfilling Pre-qualification criteria (PQC). 2.3 Bidder should not be under liquidation, court receivership or similar proceedings. 2.4 The bidder shall not be on Holiday / negative list of Owner/Consultant as on the due

date of submission of bid. If the documents were issued inadvertently /downloaded from website, offers submitted by such bidders, shall not be considered for opening /evaluation / award.

2.5 If the bidder is placed on holiday / negative list of Owner/Consultant at a stage post

opening of un-priced bids, pre-opening of price bids, further evaluation shall be stopped and the corresponding price bid will not be opened.

2.6 If the L1 bidder is placed on holiday after opening of priced bids, such tenders shall be

refloated. Such refloating shall be applicable only for those items for which L1 bidder is holiday listed.

2.7 Bidder shall submit only one (01) bid in the same bidding process. A Bidder

who submits or participates in more than one bid will cause all the proposals in which the bidder has participated shall be disqualified.

3.0 COST OF BIDDING The Bidder shall bear all costs associated with the preparation and delivery of its bid,

including costs and expenses related to visits to the site and the Owner/Consultant will in no case be responsible or liable for these costs regardless of the outcome of the bidding process. Accordingly, no such claim shall be entertained from the bidders.

4.0 ACKNOWLEDGEMENT & CONFIRMATION 4.1 Bidder is required to acknowledge and confirm their intention to bid for the tendered

work to the Owner/Consultant, within 7 (Seven) days of downloading the Bidding Document.



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5.0 SITE VISIT 5.1 It will be imperative on each Bidder to fully inform himself of all local conditions and

factors which may have any effect on the execution of the works covered under these specifications and documents. Bidder shall visit the site, examine and obtain at its cost and responsibility, all information required and satisfy himself regarding all matters and things such as access to site, communications, transport, right of way, the type and number of equipment and facilities required for the work, availability of local labour, materials and their rates, local working conditions, weather, flood levels, sub-soil conditions, natural drainage, and all other information that may be necessary for preparing its Bid, performance of work and other obligations and related matters. By submitting the BID the BIDDER shall be deemed to have acknowledged and agreed that ignorance of the site and other said conditions shall not be basis for any claim for compensation or extension of time or loss of profits etc. and the OWNER/Consultant shall not be liable on account thereof in any manner whatsoever to the Bidder or any person claiming through or under the Bidder.

5.3 Bidder may contact the following person for site visit purpose:

Mr. G.S.Gogoi- C,M (Projects- Refinery) Numaligarh Refinery Limited, Numaligarh, Dist: Golaghat, Assam, PIN- 785699 E-mail: [email protected] Ph. +91 - 3776 - 265596

B. BIDDING DOCUMENT, CLARIFICATIONS AND AMENDMENT 6.0 BIDDING DOCUMENT 6.1 The Bidding Document is uploaded in NRL (http://www.nrl.co.in) and PDIL

(www.pdilin.com) website as well as CPP portal. The Bidding Document shall consist of the following and should be read in conjunction with any amendment issued subsequently:

i) Notice Inviting Tender (NIT). ii) Instructions to Bidders and its attachments. iii) General Conditions of Contract (GCC). iv) Special Conditions of Contract (SCC) and its attachments. v) Schedule of Rates (SOR). vi) Technical Specifications / Standards, Drawings, if any

Bidder shall submit the Master Index of the bidding document duly signed and stamped

in token of having received, read and complied to all parts of Bidding Document. 6.2 The Bidder is expected to examine the Bidding Document, including all instructions,

forms, terms, specifications, drawings and other documents and to fully familiarize itself with the requirements of the Bidding Document. Failure to furnish all information required as per the Bidding Document or submission of a bid not substantially responsive to the Bidding Document in every respect may result in the rejection of the Bid.



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In case of any inconsistency, in the interpretation of meaning of any part of this Tender Documents, the BIDDER shall give his best endeavor to resolve the inconsistency by expressing his assumption through his proposal to Owner/Consultant.

6.3 Bidding documents are non-transferable in other name and shall at all times remain the

exclusive property of the Owner/Consultant with a license to the Bidder to use the Bidding Documents for the limited purpose of submitting the bid.

7.0 CLARIFICATION OF BIDDING DOCUMENT 7.1 Although the details presented in this Bidding document consisting of Conditions of

Contract, Scope of Work, Technical Specifications and Drawings have been compiled with all reasonable care, it is the Bidder’s responsibility to ensure that the information provided is adequate and clearly understood.

7.2 Bidder shall examine the Bidding document thoroughly in all respect and if any conflict,

discrepancy, error or omission is observed, Bidder may request information/ clarification/query of the Bidding Document in writing through E-mail/Fax/ in the address for correspondence, mentioned in the NIT, not later than 10 (ten) days prior to opening of Techno-Commercial Bids. Owner/Consultant will respond in writing to such information or clarification or query of the Bidding Document received up to that date. Owner/Consultant’s response (including an explanation of the query) will be sent in writing to all Bidders (without disclosing source of such query) who have been issued the Bidding Document.

7.3 Any failure by Bidder to comply with the aforesaid requirement shall not excuse the

Bidder, after subsequent award of contract, from performing the work in accordance with the agreement.

7.4 Bidders are requested to resolve all their clarifications/queries to the Bidding Document

before due date of submission of bid and submit their bid in total compliance to Bidding Document.

7.5 The responses to Bidder’s queries/ clarifications raised will be furnished as

expeditiously as possible to all. Any modification of the Bidding Document, which may become necessary as a result of the bidders query, shall be sent to all bidders or uploaded in our website through issue of an Addendum/Amendment/Corrigendum.

8.0 AMENDMENT OF BIDDING DOCUMENT 8.1 Bidders shall examine the Bidding documents thoroughly and inform the

Owner/Consultant of any apparent conflict, discrepancy or error. Owner/Consultant may, for any reason whether at his own initiative or in response to

the clarification requested by the prospective bidder(s), issue amendment in the form of Addendum during the bidding period or subsequent to receiving the bids. Any Addendum thus issued shall become part of Bidding Document and Bidder shall submit a copy of the Addendum duly signed and stamped in token of his acceptance.

In order to afford Bidders reasonable time to take the amendment, issued prior to

submission of Bids, into account in preparing their Bids, Owner/Consultant may, at its discretion, extend the deadline for the submission of Bids.



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8.2 In case Addendum is issued during the bidding period, Bidder shall consider its impact in his bid. In case Addendum is issued subsequent to receipt of bids, Bidder shall follow the instructions issued along with Addendum with regard to submission of impact on quoted price / revised price, if any.

9.0 CONFIDENTIALITY OF BIDDING DOCUMENT 9.1 The Bidding Document is and shall remain the exclusive property of the

Owner/Consultant without any right to Bidder to use them for any purpose except for the purpose of Bidding.

9.2. Bidders shall treat the bidding documents and contents therein as strictly confidential. If

at any time, during the bid preparation period, Bidder decides to decline to bid, all documents must be immediately returned to Owner/Consultant.

C. PREPARATION OF BID 10.0 LANGUAGE OF BID The Bid prepared by the Bidder, all correspondence and documents relating to the bid

exchanged by the Bidder and the Owner/Consultant shall be written in the English language. Any printed literature/certificate/any other document furnished by the Bidder may be in another language, provided they are accompanied by an accurate translation of the relevant passages in the English language, in which case, for purpose of interpretation of the Bid the English translation shall prevail.

In the event of submission of any document/ certificate by the Bidder in a language

other than English, the English translation of the same duly authenticated by Chamber of Commerce of bidder’s country shall be submitted by the bidder.

11.0 COMPLIANCE TO BID REQUIREMENT 11.1 Bid shall be ideally in conformity to the Scope of work along with all terms & conditions,

stipulated in the RFQ. Owner/Consultant shall appreciate to receive a Bid having no deviation. Bidders are requested to resolve all their clarifications / queries to the bidding document before due date of submission of bid. Thereafter bidders are requested to submit their bid on Zero deviation basis in total compliance to Bidding Document without any deviation / stipulation / clarification / assumption. Accordingly, Bidder must submit format for “Compliance to Bid requirement” as per Annexure-V duly filled in along with Unpriced part of Bid. Any Bid containing exceptions/deviations to the following stipulations/conditions shall be liable for rejection.

(a) Time Schedule (b) Schedule of Prices / Schedule of Rates (c) Defect Liability Period (d) Arbitration (e) Scope of Work / Supply (f) Security Deposit (g) Suspension of work (h) Termination of Contract (i) Force Majeure (j) Bid Security/EMD (k) Bid Validity (l) Guarantees



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(m) Liquidated Damages (n) Integrity Pact

11.2 Deviation on other conditions, if unavoidable, should be furnished as per Format,

Annex. - VIII, for Exceptions / Deviations included in the Bidding Document. The Owner/consultant shall not take cognizance of any deviation stipulated elsewhere in the Bid.

11.3 Joint Venture / Consortium Bids are not acceptable. 11.4 Mobilization advance/extended stay compensation is not applicable under this

contract. 12.0 DOCUMENTS COMPRISING BID 12.1 The Bid should be prepared by the Bidder and shall be submitted in Two Parts as per

the following details.

i) PART – I: Techno-commercial/ Unpriced Bid ii) PART - II - Price Bid

12.2: BID SECURITY/EMD

This Part shall contain Bid Security/EMD as per provision of Clause no.16.0 of ITB. in a sealed envelope super scribed with NIT No., Bid due date, Bidder's name & address and shall be be submitted in physical form only as per address detailed mentioned at clause no. 16 of ITB.

12.3 PART-I : TECHNO-COMMERCIAL BID (UN PRICED) 12.3.1 This Part shall contain Technical and Un-priced Commercial bid and shall comprise of

the attachments specifying attachment number arranged in the order as per following:

i) Covering letter of Bid on bidder’s letter head. ii) Master Index and copies of all technical and commercial

amendments/addendums if any issued, duly signed and stamped on each page as a token of having received and read all parts of the bidding document and having accepted and considered the same in preparing their bid.

iii) Power of attorney in favour of signatory (ies) of the bid. iv) Bidders General Information as per Annexure-I to ITB.

v) Details of Equipment, Tools & Tackles proposed to be deployed as per

Annexure-II to ITB.

vi) Details of specific experience in the last 7 years by the Bidder as per Annexure-III to ITB along with Work Order copies and Completion Certificates.

vii) Details of present commitments as per Annexure-IV to ITB, which include all

work under execution, indicating the percentage progress as on date of start of sale of bid document.



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viii) Compliance to Bid requirement as per Annexure-V to ITB.

ix) Compliance to Bid Validity as per Annexure-VI to ITB. x) Details of Annual Turnover as per Annexure-VII to ITB along with copies of

complete audited Annual Financial Year Statements including audited balance sheets, Profit & Loss account statement with all schedules for last 3 years.

xi) Exceptions and deviations as per Annexure-VIII to ITB. Bidder must note that

exceptions and deviations shall be mentioned only in Annexure-VIII and the Owner shall not evaluate any deviations not given in the aforesaid Form. Exceptions & deviations, mentioned anywhere else by the bidder in his offer shall be treated as null & void.

xii) Check List of submission of bid as per Annexure-IX to ITB.

xiii) Price confirmation copy - A Photocopy of the Priced bid, to be submitted strictly

as per Annexure-X, prices being blanked out and in place indicating “Quoted” against each head, shall be submitted duly signed and stamped as confirmation to quoted price.

xiv) Specific Experience as called for in "Qualification Criteria" of Notice Inviting

Tender as per Annexure-XI to ITB. xv) Commercial Questionnaire as per Annexure-XII to ITB. xvi) Details of P.F. Registration Number as per Annexure-XIII to ITB. xvii) Organization Chart (Head office and Site office separately) proposed for the

execution of this work along with the bio-data of key personnel (in line with Appendix to SCC) as per Annexure-XIV to ITB.

xviii) Submission of Integrity Pact, per Annexure-XV, duly filled, signed and stamped

as clause no 41.0 of ITB.

xix) Fresh Solvency Certificate from your bankers (from any nationalized /scheduled bank) Date of issue of this certificate should not be earlier than one year from due date of opening of Un-priced Techno-Commercial bid.

xx) Bidder’s declaration that they are not under any liquidation, court receiver ship or similar proceedings.

xxi) Bidder’s declaration that they have or had not been banned or blacklisted/del-

listed by any PSU / Government Organizations.

xxii) Organization details:

• In case of a proprietorship firm, the name and address of proprietor, and certified copy of `Certificate of Registration of firm'.

• In case Bidder is a partnership firm, certified copy of the partnership deed. • In case of company (whether private or public), certified copy of the

`Certificate of Incorporation' together with certified Memorandum/Articles of Association.



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xv) Compliance to Deployment of minimum Construction Equipments, Supervisory personnel & Qualification & Experience requirement of Key personnel.

xxiii) Any other information required in the Bidding Documents or considered relevant

by the bidder. 12.4 PART-II : PRICE BID

In this part of bid, contains only the prices. as per SOR format , Annexure-X only. The bidder shall ensure submission of prices without any erasures or corrections with signatures on the priced sheet(s). Bidder shall not stipulate any conditions, stipulation, deviation, terms & conditions, presumption, basis etc.. Any conditions, if stipulated, shall be treated as null and void and shall render the bid liable for rejection.

13.0 BID PRICES 13.1 Bidder shall quote price after careful analysis of cost involved for the performance of

the work considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under `Schedule of Rate (SOR)' but is required to complete the work which could be reasonably implied/ inferred from the contents of the Bidding Document, the prices quoted shall be deemed to be inclusive of cost incurred for such activity.

13.2 The prices shall be based on conditions specified in General Conditions of Contract,

Special Conditions of Contract, Scope of Work, Scope of Supply, Technical Specifications, Drawings and other contents of the Bidding Document.

13.3 Alternative bids shall not be considered. 13. 4 The quoted prices shall be inclusive of all applicable taxes, duties and other levies

except Cenvatable Service Tax which shall be quoted separately and payable against proper invoice, in the prescribed format, in triplicate, indicating Service Tax registration number and category of service. Bidders shall furnish the present rates of service tax as aplicable.

13.5 Bidders shall be required to quote the amount of Cenvat credit in respect of eligible

items that would be passed on to Owner, for the purpose of evaluation. Adequate and relevant documents like Excise Invoice, Lorry Receipt, Bill of Entry etc. for availing Cenvat benefit by Owner shall be provided. Excise documents shall mention consignee as NRL.

13.6 Prices quoted by the bidder, shall remain firm, fixed and valid until completion of the

Contract performance and will not be subject to variation on any account except as otherwise specifically provided in the Bidding Document. Any Statutory variation in customs duty / Excise duty / Service Tax/ CST/VAT, within the contractual completion period, shall be on Owner’s account, against submission of documentary evidence for substantiating the variation by way of relevant notification. However, in case of delay in completion period beyond the contractual date, for reasons attributable to contractor, any increase in these rates shall be borne by the contractor, whereas any decrease shall be passed on to the Owner. Owner shall take CENVAT credit on Excise duty, CVD/SAD, Service Tax, as per the relevant statutes in force and the credit on account of the same shall be considered for evaluation and comparison of bids. Contractor in turn shall be required to submit cenvatable documents for any increase in rate for the purpose of taking credit. In case the contractor fails to submit the documents towards



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committed value of CENVAT credit, the shortfall shall be recovered from the payments due to the contractor.

13.7 Any new or additional taxes, duties or levies imposed during the contractual completion

period shall be paid to Contractors on submission of documentary proof. Further, in case of delay in completion of work, due to reasons attributable to contractor, any new or additional taxes, duties or levies imposed after the contractual completion date shall be to contractor’s account. Statutory variations on WCT, if any, or change in rate of WCT due to wrong assessment by contractor shall also be to contractor’s account.

13.8 a) The total quoted lump sum price towards Residual Design & detailed

engineering shall not exceed 3% (Three per cent) of total quoted lump sum price.

b) The total quoted Lumpsum Price towards procurement / supply of all items/ materials shall not exceed 50% (Fifty percent) of the total quoted lumpsum price.

c) The total quoted Lump sum price towards Construction / Installation, Commissioning etc. and completion of work in all respects shall not be exceed 47% (Fourty Seven Percent) of the total quoted lump sum price.

13.9 The entire work covered in this tender shall be treated as Works Contract in the event

of an order. Only one /single order covering complete scope of supply & services will be issued to the selected bidder.

13.10 Bidder to furnish details of Cenvatable duty included in his prices as per FORM: B1 of

Schedule of Rates (SOR) for the purpose of availing Cenvat benefit with the notation “Consignee- NRL A/c”. The amount of Cenvatable duty indicated by the bidder as part of his quoted price shall be considered for evaluation of bids. The full amount indicated as Cenvatable duty shall be deducted from the total quoted price for evaluation of prices.

13.11 Concessional forms (‘C’ Form) for CST will be issued for all applicable cases.

However, no road permit will be provided for supply of material against this contract. Contractor shall have to register under Assam VAT Act, 2003 and road permit shall be arranged by the contractor himself.

Entry tax shall also be contractor’s responsibility and same shall be paid by the contractor for supply of materials to NRL Site as applicable in Assam. Owner will not be liable for payment of any Entry tax.

13.12 Applicability of Custom Duty 13.12.1 Bidder to consider and include Merit Rate of Customs Duty in the quoted prices

where raw material/ components are of imported in natutre. The maximum CIF value of materials envisaged to be imported for the purpose of permanent incorporation in the Works shall be indicated separately in the Schedule of Rates in FORM:B2 in Indian Rupees only. The CONTRACTOR shall within 10 (Ten) working days of dispatch/shipment of any such materials forward to the OWNER the Supplier’s/Vendor’s invoice indicating item wise price of the materials for the purpose of assessing Customs and other import duties, Bill of Lading/Airway Bill, package wise packing list, certificate of origin and other relevant documents relating to the identification of the materials, the assessment of customs duties and the clearance of



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the goods through Customs. The CONTRACTOR shall be fully responsible for Port and Customs clearance including stevedoring, handling, unloading, loading and storage and for satisfying all Port and Customs formalities for the clearance of the goods, including preparation of the Bill(s) of Entry and other documents required for import and/or clearance of the goods. The CONTRACTOR shall also be fully responsible for any delays, penalties, demurrages, shortages and other charges and losses, if any, in this regard. The customs duty and other import duties payable on the CIF value of materials imported for the purpose of permanent incorporation in the work shall be paid directly by the OWNER.

The OWNER’s responsibility shall be limited to:

(a) Payment of Customs and Customs related duties (including countervailing duty,

Additional Duty, Special Additional Duty) payable on the imported materials consigned to the OWNER and required for incorporation in the permanent works up to the import value aggregate of said duties payable on the CIF value thereof indicated in FORM:B2 of the Schedule of Rates as assessed by the Indian Customs Authorities on the Bills of Entry;

(b) In case of CIF value exceeds than indicated in FORM:B2 due to change of

source from indigenous to imported for reasons attributable to contractor, the customs duty/penalties and other charges shall be paid by the Contractor. However the CVD/SAD part of the Duty so paid shall be reimbursed against the submission of Bill of Entry for availing CENVAT Benefits.

13.12.2 Although the OWNER’s liability to pay Customs and Customs related duties shall be

limited to the Customs Duty, Countervailing Duty and any other special duty related to Customs leviable on the CIF value indicated in the FORM:B2 of the Schedule of Rates at the concessional rate(s) applicable to relative imports, such value may be reduced or increased, as the case may be, by virtue of any Change Order, and upon any such increase or reduction, as the case may be, the OWNER’s maximum liability to pay customs duty and customs related duties shall be accordingly increased or reduced, as the case may be.

13.12.3 If for any reason other than a Change Order/Extra work order, the total CIF Price of

imported materials mentioned in FORM:B2 of the Schedule of Rates is exceeded or any penalty or other charges or higher rate of duty than applicable to relative imports is levied on the OWNER with respect thereto, the Customs Duty/penalties and other charges or levies, if any, to the extent of the excess levied, shall be to the CONTRACTOR’s account and shall be borne and paid wholly by the CONTRACTOR as and by way of adjustment/deduction in the price of materials payable. However, any demurrage / detention charges /penalty payable solely due to reasons attributable to Owner shall be settled mutually.

13.12.4 Customs Duty, Countervailing Duty and any other Customs related duties shall be

reimbursed by the OWNER against the claim by the contractor on submission of documentary evidence.

13.12.5 The CONTRACTOR shall provide the OWNER with all documents necessary for the

OWNER to claim CENVAT benefit on the countervailing duty (CVD)/SAD paid on the imported materials covered by the Supplies, including but not limited to CENVAT Bill of Entry. Should the CONTRACTOR fail to provide any such document(s) resulting in a shortfall in the CENVAT benefit available to the OWNER on the countervailing duty/SAD paid, the shortfall shall be made good by the CONTRACTOR, and shall be



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deductable without prejudice to any other mode of recovery from the Running Account or other bills or payments to the CONTRACTOR. However, Contractors responsibility is only to provide CENVATABLE documents to Owner.

13.12.6 Wherever Import Licence(s) are required as per statutory rules, CONTRACTOR shall

arrange the same. Owner will not provide the import licence. 13.14 Price changes / implications after opening of technical bids:

i. Once the Technical Bids are opened, Owner/ Consultant will endeavor not to

change any technical specifications / scope of work. However, in case any such change is necessitated, Owner/Consultant shall either re-float or issue Addendum advising the responded bidders to submit their revised price bid or price implications in a sealed cover. Bidders shall be advised to furnish such price implications to Consultant in a separate sealed cover super scribed with Tender reference number, date of submission of price implication and marked as "Price Implications". The bidders will be asked to ensure submission of price implications without any erasures or corrections with signatures in original on the priced sheet(s).

ii. While seeking technical clarifications, vendors shall be advised that price

implications/revised price bids on account of such clarifications will not be permitted as a general rule if Owner/Consultant have not changed the specifications / scope spelt out in the tender and should it call for price implication; the bidder shall adequately justify the same. However, price implications on account of commercial amendments or unavoidable technical changes shall be considered.

iii. In the event of any suo-moto price increase sought by a vendor subsequent to the

bid due date and which is not as a result of any change in scope of work or terms and conditions, the bid of such a vendor shall be rejected.

14.0 CURRENCIES OF BID & PAYMENT

The Bidder shall quote in Indian Rupees and shall be paid in Indian Rupees only. 15.0 BID VALIDITY 15.1 Bid submitted by Bidder shall remain valid for a minimum period of 04 (Four) months

from the date of opening of Unpriced Techno- Commercial Bids. Bidders shall not be entitled during the said period of six months, without the consent in writing of the Owner, to revoke or cancel their Bid or to vary the Bid given or any term thereof. In case of Bidders revoking or cancelling their Bid or varying any terms in regard thereof without the consent of Owner/Consultant in writing, Owner shall forfeit EMD paid by them along with their bids.

15.2 Owner/Consultant may solicit the bidders consent to an extension of the period of

validity of bid. The request and the responses there to shall be made in writing. If the Bidder agrees to the extension request, the validity of Bank Guarantee towards EMD shall also be suitably extended. However, bidders agreeing to the request for extension of validity of bid will not be permitted to modify the bid.



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16.0 BID SECURITY / EARNEST MONEY DEPOSIT (EMD) 16.1 The Bid must be accompanied by Earnest Money (interest free) for the amount

indicated in NIT only in the form of Crossed Demand Draft or Bank Guarantee(BG) in favour of Numaligarh Refinery Limited, Numaligarh. Bank Guarantee shall be on non-judicial stamp paper of value not less than Rs.100/- from any Scheduled Commercial Banks in india/ Indian branch of Foreign bank as per proforma enclosed in the Bidding Document,and valid upto four months beyond the validity of the bids (i.e. eight months).

Bidders shall submit their EMD at following address:

PROJECTS & DEVELOPMENT INDIA LTD. (A Govt. of India Enterprise) PDIL BHAWAN, A-14, SECTOR-1, NOIDA-201301, U.P., (INDIA) Kind Attention: Mr. R R Kumar, Addl GM (MM) Tel no. : + 91-120 - 2529839 (Direct) EPBX No. + 91-120 - 2529842 / 43 / 47 / 51 / 53 / 54 Fax no. + 91-120 - 2529801 / 91 E-mail : [email protected] /[email protected]/ [email protected]

The EMD must be submitted within the due date before 1500 hours at above address.

If the earnest money deposit as indicated in NIT is not received within the due date than his offer shall not be considered for opening. Should an "Invitation of Tender" be withdrawn or cancelled by the Owner/Consultant, which it shall have the right to do at any time, the earnest money paid with the bid will be returned. However, if the Bidder, after submission, revokes his Bid or modifies the terms and conditions thereof during the validity of his Bid except where Owner/Consultant has given opportunity to do so, the earnest money shall be liable to be forfeited.

16.2 If the BG towards EMD is not in the required proforma, but acceptable otherwise

(considering amount & issuing bank) the Bidder would be asked to resubmit the same in the required pro-forma. Such Bids would however, shall be taken up for evaluation.

16.4 If the Bidder, after submission, revokes his Bid or modifies the terms and conditions

thereof during the validity of his Bid except where Owner/Consultant has given opportunity to do so, the earnest money shall be liable to be forfeited. Owner/Consultant may at any time cancel or withdraw the Bidding Process without assigning any reason and in such cases the earnest money submitted by Bidder will be returned to him.

16.4 The successful Bidder shall be required to submit Security Deposit /Initial Security

Deposit to Owner in the manner and within the time period indicated in General Conditions of Contract / Special Conditions of Contract. Should the successful Bidder fail or refuse to sign the agreement or furnish the Security Deposit / Initial Security Deposit within the specified period, the earnest money shall be forfeited without prejudice to his being liable to any further loss or damage incurred in consequence by Owner. After acceptance of order of successful Bidder by Owner/Consultant, Owner/Consultant will return the Earnest Money to all unsuccessful Bidders. Earnest



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Money shall be returned to the successful Bidder after he has furnished the Security Deposit/ Initial Security Deposit to Owner.

16.5 EMD shall be liable to be forfeited due to following reasons also:

a) If the Bidder increased the prices unilaterally after the tender opening and during validity period of the tender.

b) If the bid is varied or modified in a manner not acceptable to the Owner/Consultant during the validity or agreed extension validity period duly agreed by the bidder or after issue of Letter of Award (LOA) and prior to signing of the Contract.

c) If the successful bidder is seeking modifications to the agreed terms and conditions after issue of Letter of Award (LOA).

d) If any information or representation submitted by bidder is found to be false or incorrect.

e) Any effort by the Bidder to influence the Owner/Consultant on bid evaluation, bid comparison or contract award decision.

f) If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact.

16.6 For Indian Bidders, EMD exemption will be applicable for Micro & Small Enterprises

(MSEs) registered with National Small Industries Corporation (NSIC) as per guidelines (for similar work as mentioned in the experience criteria and monetary limit). On opening the un-priced bid, the NSIC registration certificate will be verified for the monitory limit of registration and category /similar works. If the bidder meets both the requirements, i.e. Monitory limit and similar works, then the bid will be processed further. If not, the bidder will be asked to submit EMD for the values mentioned above. In case the bidder does not submit the EMD and Bid Document Fee, then their bid shall be rejected. The bidder shall submit Notary attested copy of the valid NSIC registration certificate indicating that their registration includes the item/works under tender. The certificate issued by NSIC shall be valid as on the date of opening of Un-priced Bid.

17.0 ARRANGEMENT OF BID The bid shall be typed or written in indelible ink (in case of copies, Photostats are also

acceptable) and shall be signed by person(s) duly authorized to signed on behalf of the bidder. All pages of bid shall be stamped and initialed by person(s) signing the bid before uploading.

18.0 CHECK LIST FOR SUBMISSION OF BID 18.1 To assist Bidder in ensuring the completeness of bid, a checklist for submission of

various documents/details in un-priced commercial part of bid’, as per ANNEXURE-IX to ITB has been enclosed.

18.2 Bidder is required to fill the checklist and submit along with the bid for ready reference. 19.0 BID SUBMISSION 19.1 The Techno- Commercial Bid & Price Bid shall be submitted in electronic format

(online) as per time schedule mentioned in the Notice Inviting Tender.



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The Bidder shall submit Bid Security/ EMD in physical form only at the address mentioned at clause no. 16.0 of ITB.

19.2 Instruction For Online Submission of Bid Instructions to the Bidders to submit the bids online through the Central Public

Procurement Portal for e-Procurement at https://eprocure.gov.in/eprocure/app

1) Possession of valid Digital Signature Certificate (DSC) and enrolment/registration of the contractors/bidders on the e-procurement / e-tender portal is a prerequisite for e-tendering.

2) Bidder should do the enrolment in the e-procurement site using the “Click here to

Enroll” option available on the home page. Portal enrolment is generally free of charge. During enrolment/registration, the bidders should provide the correct/true information including valid email id. All the correspondence shall be made directly with the contractors/bidders through email id provided.

3) Bidder need to login to the site thro’ their user ID/ password chosen during

enrolment/registration. 4) Then the Digital Signature Certificate (Class II or Class III Certificates with

signing key usage) issued by SIFY / TCS / nCode / eMudra or any Certifying Authority recognized by CCA India on eToken / SmartCard, should be registered.

5) The DSC that is registered only should be used by the bidder and should ensure

safety of the same. 6) Contractor/Bidder may go through the NIT / tenders published on the site and

download the required NITdocuments/schedules for the tenders he/she is interested.

7) After downloading / getting the NIT/ Tender document/schedules, the Bidder

should go thro’ them carefully and then submit the documents as asked, otherwise bid will be rejected.

8) If there are any clarifications, this may be obtained online thro’ the tender site, or

thro’ the contact details. Bidder should take into account the corrigendum published before submitting the bids online.

9) Bidder then logs in to the site through the secured log in by giving the user id/

password chosen during enrolment/registration and then by giving the password of the e-Token / Smart Card to access DSC.

10) Bidder selects the tender which he/she is interested in by using the search option

& then moves it to the ‘my tenders’ folder. 11) From my tender folder, he / she selects the tender to view all the details

indicated. 12) It is construed that the bidder has read all the terms and conditions before

submitting their offer. Bidder should go through the tender schedules carefully and upload the documents as asked; otherwise, the bid will be rejected.



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13) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender document/schedule and generally, they can be in PDF/xls/rar/zip/dwf formats. If there is more than one document, they can be clubbed together and can be provided in the requested format. Each document to be uploaded through online for the tenders should be less than 2 MB. If any document is more than 2MB, it can be reduced through zip/rar and the same can be uploaded, if permitted. Bidders Bid documents may be scanned with 100 dpi with black and white option. However of the file size is less than 1 MB the transaction uploading time will be very fast.

14) If there are any clarifications, this may be obtained through the site, or during the

pre-bid meeting if any. Bidder should take into account the corrigendum published from time to time before submitting the online bids.

15) The Bidders can update well in advance, the documents such as certificates,

annual report details etc., under My Space option and these can be selected as per tender requirements and then send along with bid documents during bid submission. This will facilitate the bid submission process faster by reducing upload time of bids.

16) Bidder should submit the EMD as specified in the tender. The original should be

posted/couriered/given in person to the Tender Inviting Authority, within the bid submission due date & time for the tender. Scanned copy of the instrument should be uploaded as part of the offer.

17) While submitting the bids online, the bidder reads the terms & conditions and

accepts the same to proceed further to submit the bid packets. 18) The bidder has to select the payment option as offline to pay the Tender FEE/

EMD as applicable and enter details of the instruments. 19) The details of the DD/any other accepted instrument, physically sent, should tally

with the details available in the scanned copy and the data entered during bid submission time. Otherwise submitted bid will not be acceptable.

20) The bidder has to digitally sign and upload the required bid documents one by

one as indicated. Bidders to note that the very act of using DSC for downloading the bids and uploading their offers shall be deemed to be a confirmation that they have read all sections and pages of the bid document including General conditions of contract without any exception and have understood the entire document and are clear about the requirements of the tender requirements.

21) The bidder has to upload the relevant files required as indicated in the cover

content. In case of any irrelevant files, the bid will be rejected. 22) If the price bid format is provided in a spread sheet file like BoQ_xxxx.xls, the rate

offered should be entered in the allotted space only and uploaded after filling the relevant columns. The Price Bid / BOQ template must not be modified/ replaced by the bidder; else the bid submitted is liable to be rejected for this tender.

23) The bidders are requested to submit the bids through online e-tendering system

to the Tender Inviting Authority (TIA) well before the bid submission end date & time (as per Server System Clock). The TIA will not be held responsible for any



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sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour.

24) After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the portal),

the acknowledgement number, given by the system should be printed by the bidder and kept as a record of evidence for online submission of bid for the particular tender and will also act as an entry pass to participate in the bid opening date.

25) The time settings fixed in the server side & displayed at the top of the tender site,

will be valid for all actions of requesting, bid submission, bid opening etc., in the e-tender system. The bidders should follow this time during bid submission.

26) All the data being entered by the bidders would be encrypted using PKI

encryption techniques to ensure the secrecy of the data. The data entered will not viewable by unauthorized persons during bid submission & not be viewable by any one until the time of bid opening.

27) Any bid document that is uploaded to the server is subjected to symmetric

encryption using a system generated symmetric key. Further this key is subjected to asymmetric encryption using buyers/bid openers public keys. Overall, the uploaded tender documents become readable only after the tender opening by the authorized bid openers.

28) The confidentiality of the bids is maintained since the secured Socket Layer 128

bit encryption technology is used. Data storage encryption of sensitive fields is done.

29) The bidder should logout of the tendering system using the normal logout option

available at the top right hand corner and not by selecting the (X) exit option in the browser.

For any queries regarding e-tendering process, the bidders are requested to

contact the following person: Mr. P R Sahu / Mr. M K Senapati Tel: +91-120-2529842/43/47, Ext-362 / 369 e-mail: [email protected] / [email protected]

Note :A bidder shall submit only one bid in the same bidding process. A Bidder who

submits more than one bid will cause all their bids disqualified in the said bidding process.

20.0 DEADLINE FOR SUBMISSION OF BIDS 20.1 Bids must be submitted by the time and date mentioned in the Notice Inviting Tender at

the address stated therein. 20.2 Owner/Consultant may, at its discretion, extend the deadline for submission of bids by

issuing an Amendment in accordance with Clause 8.0 above, in which case all rights and obligations of the Owner/Consultant and the bidders previously subject to the original deadline will thereafter be subject to the deadline as extended.



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21.0 LATE /UNSOLICITED BIDS 21.1 Any bid received after the deadline for submission of bids will be declared "Late" and

rejected and representative of such Bidders shall not be allowed to attend the Bid opening. Unopened bids thus shall not be considered further for evaluation.

21.2 Bids received by way of Fax, Telex or Telegram or email or in open condition shall not

be considered. 22.0 MODIFICATION AND WITHDRAWL OF BIDS 22.1 The Bidder may modify or withdraw its bid after the bid’s submission, provided that

written notice of the modification or withdrawal is received by Owner/Consultant prior to the deadline prescribed for submission of bids.

22.2 The Bidder's modification or withdrawal notice shall be prepared, sealed, marked and

dispatched in accordance with the provisions of procedure for submission of bids. A withdrawal notice may also be sent by e-mail or fax but must be followed by signed confirmation copy. No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder.

22.3 No bid shall be modified after the deadline for submission of bids. 23.0 TIME SCHEDULE The basic consideration and essence of the Contract

is the strict adherence to the time

schedules indicated in the Notice Inviting Tender for performing the specified works as stipulated in the Contract.

24.0 Deleted D. BID OPENING AND EVALUATION 25.0 OPENING OF TECHNO-COMMERCIAL BIDS 25.1 The Techno-Commercial Unpriced Bid part of the Bid shall be opened in the presence

of attending representatives of Bidder. The attending representative(s) of the Bidder may have to produce authorization letter from their competent authority, otherwise they will not be allowed to attend the Bid opening. Number of representative will be restricted to maximum one person. The Bidder's representative who is present shall sign a Bid opening statement evidencing their attendance.

25.2 The Bidder's names, modifications and Bid withdrawals, and the presence or absence

of the requisite EMD, and such other details as Owner/Consultant at its discretion, may consider appropriate, will only be announced, and recorded at the time of opening.

26.0 EVALUATION OF TECHNO-COMMERCIAL BIDS 26.1 Prior to detailed evaluation of bids, Consultant will determine whether each bid (i) is

accompanied by required EMD; (ii) totally comply to the requirement of bidding document.



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26.2 Owner/Consultant will examine the bids to determine whether they are complete and whether the documents have been properly signed, and whether the bids are generally in order.

26.3 Prior to the detailed evaluation, Owner/Consultant will determine whether each bid is of

acceptable quality, is generally complete and is responsive to the Bidding documents. A substantially responsive Bid is one which conforms to the terms, conditions and specification of the Bidding Documents without material deviation. A material deviation is one which affects in any substantial way the scope, quality or performance of the works, or which limits in any substantial way, inconsistent with the Bidding Documents, the OWNER’s rights or the Bidder’s obligations as envisaged in the Bidding Documents, and the rectification of which deviation or reservation would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids.

26.4 Prior to detailed Bid evaluation, Owner/Consultant will determine the qualification of bidder with respect to the qualification criteria as stated in the Notice Inviting Tender and substantial responsiveness of each Bid with respect to the Bidding Documents. Techno-Commercial Unpriced Bid shall be evaluated for only for those bidders whose bid is found to be Pre-qualified based on the PQ bid. The detailed Techno-Commercial evaluation of the pre qualified bids shall be done in order to determine whether the commercial and technical aspects are in accordance with the requirements set forth in the Bidding Documents on the basis of details/documents submitted by the bidder in the bid at 1st instance. In order to reach such a determination, Owner/Consultant will examine and compare the commercial and technical aspects of the bids on the basis of the information supplied by the bidders, taking into account the following factors:

(a) Overall completeness and compliance with the Technical Specifications; quality,

function and operation of any process control concept included in the bid. The bid that does not meet minimum acceptable standard of completeness/ specifications defined in the bid document, consistency and detail will be rejected as non-responsive.

(b) Any other relevant factor, if any that Owner/Consultant deems necessary or

prudent to be taken into consideration. 26.5 Bidders shall note that any clarification/query/deviation mentioned anywhere in the bid

other than the format/form specifically given in the bidding document shall not be given any cognizance.

26.6 Owner/Consultant necessary, will obtain clarifications on the Bid by requesting for such

information / clarifications from any or all Bidders, either in writing or through personal contact. All responses shall be in writing, and no change in the price or substance of the bid shall be permitted unless specifically sought by Owner/Consultant.

26.7 Bidders shall however note that no revision in quoted Rates shall be allowed, in case

bidder still stipulate the deviations which are not accepted by the Owner and are required to be withdrawn by the bidder in favour of stipulations of the bidding documents.

26.8 Owner/Consultant reserve the right to assess Bidder’s capability and capacity to

execute the work using in-house information including taking into account other aspects such as concurrent commitments, past performance etc. The management of Owner/Consultant reserves the right to reject any or all the offers received without assigning any reason thereof.



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26.9 UNSOLICITED POST TENDER MODIFICATIONS Bidders are advised to quote strictly as per terms and conditions of the bidding

document and not to stipulate any deviations/exceptions. Once quoted, the bidder shall not make any subsequent price changes, whether resulting or arising out of any technical / commercial clarifications sought on any deviations or exceptions mentioned in the bid. Similarly, no revision in quoted price shall be allowed should the deviations stipulated by him are not accepted by Owner /Consultant and are required to be withdrawn by him in favour of stipulation of the bidding document. Any proposed price changes is likely to render the bid liable for rejection. In case of unsolicited price increase, such offer(s) of the Bidders shall be rejected. In case of unsolicited price decrease, the Bidder(s)’s offer shall be compared as per originally quoted prices and if the Bidder happens to be the recommended Bidder, the decrease in prices shall be taken into account for ordering..

26.10 Deleted 27.0 OPENING OF PRICE BID 27.1 Priced commercial part of only those bidders whose bids is determined to be

technically and commercially acceptable to the Consultant/Owner shall be opened. Bidders selected for opening of their price bids shall be informed about the date of price bid opening. Bidders may depute their authorized representative to attend the opening. During price bid opening, only total price and rebate, if any, as quoted by the bidders shall be read out.

28.0 EVALUATION OF PRICE BIDS 28.1 The “Schedule of Rates” with stated qty. quoted shall be taken up for evaluation. 28.2 Conditional discount, if offered, shall not be considered for evaluation. 28.3 The priced bids of the Bidders shall be rejected if they do not quote rates for certain

items and Owner/Consultant estimate for such items is more than 10% of the total quoted price for the subject work. In case a Bidder does not quote for any items of Schedule of Rates/Prices and Owner/Consultant estimate for such items is less than 10% of their total quoted price, then for the purpose of comparison, the unquoted items shall be loaded by price impact calculated on the basis of the highest of the rates quoted by other bidders. If such Bidder happens to be selected Bidder, the rates of these unquoted items shall be negotiated with the Bidder based on the lowest rate among all bidders.

28.4 Any uncalled for lump-sum/ percentage or adhoc reduction/ increase in prices, offered

by the Bidders after opening of the prices, shall not be considered. However, if reduction is from the recommended Bidder, such reduction shall be taken into account for arriving at the contract value and not for evaluation purpose.

28.5 If various item rates are present in the Schedule of Rates (SOR) and if there is

correction/wrong entry or a difference between the values entered in figures and in words, the following procedure shall be adopted for evaluation.

i. When there is a difference between the rate in figures and in words for an

item, the rate which corresponds to the amount worked out by the Bidder for



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the item based on the notional quantity specified, shall be taken as correct. ii. When the rate quoted by the Bidder in figures and words tallies but the

amount is incorrect, the rate quoted by the Bidder shall be taken as correct. iii. When it is not possible to ascertain the correct rate as detailed above, the

rate quoted for the item in words shall be adopted as the quoted rate. iv. If the total amount written against an item does not correspond to the rate

written in figures and if the rate in words is missing, then the higher of the rates, i.e. higher of the rate worked out by dividing the amount by the notional quantity and the rate quoted shall be considered for evaluation In the event that such a bid is determined as the lowest bid, the lower of the rates shall be considered for award of works.

v. In case of priced bids containing overwriting/cuttings/erasures in the quoted rates and in case these are not attested by the signatory of the bid, such priced bids are liable to be rejected without giving any further notice.

29.0 CONTACTING THE OWNER 29.1 Bidders are advised not to contact Owner/ Consultant on any matter relating to its bid

from the time of Bid opening to the time Contract is awarded, unless requested to in writing. Any effort by a Bidder to influence the Owner/ Consultant in any of the decision in respect of Bid evaluations or Award of Contract will result in the rejection of Bid.

30.0 AWARD OF CONTRACT 30.1 OWNER'S RIGHT TO ACCEPT OR REJECT ANY BID The Owner /Consultant reserves the right to accept or reject any Bid and to annul the

Bidding process and reject all Bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or without any obligation to inform the affected Bidder or Bidders of the grounds or the reasons for the Owner's action.

31.0 NOTIFICATION OF AWARD 31.1 The Owner/Consultant will notify the successful Bidder in writing by Fax of Intent/

Acceptance / Letter of Acceptance that their bid has been accepted. The Letter of Acceptance will constitute the formation of a Contract until the Contract agreement has been signed.

32.0 CORRUPT AND FRAUDULENT PRACTICES 32.1 Bidder is required to furnish the complete and correct information/ documents required

for evaluation of their bids. If the information / documents forming basis of evaluation is found to be false / forged, the same shall be considered adequate ground for rejection of the bids and forfeiture of earnest money deposit.

32.2 In case, the information / document furnished by the vendor/ contractor forming basis

of evaluation of his bid is found to be false / forged after the award of the contract, Owner shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such vendor / contractor without any prejudice to other rights



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available to Owner under the contract such as forfeiture of CPBG/security deposit, withholding of payment etc.

32.3 In case, this issue of submission of false documents comes to the notice after

execution of work, Owner shall have full right to forfeit any amount due to the vendor/ contractor along with forfeiture of CPBG/security deposit furnished by the vendor / contractor.

32.4 Further, such bidder / vendor / contractor shall be put on blacklist / holiday list of

debarring them from future business with Owner/Consultant. 33.0 CONTRACT AGREEMENT 33.1 The Contractor shall execute a formal contract as per proforma ANNEXURE - I given in

the General Conditions of Contract with the OWNER within specified period from the date of Notification of Award on a non-judicial stamp paper of appropriate value. The cost of non-judicial stamp paper shall be borne by the Contractor.

33.2 Contract documents for agreement shall be prepared after the acceptance of bid. Until

the final contract documents are prepared and executed this bid document together with the annexed documents, modifications, deletions agreed upon by the Owner/Consultant and bidders acceptance thereof shall constitute a binding contract between the successful Bidder and the Owner/Consultant based on terms contained in the aforesaid documents and the finally submitted and accepted prices.

33.3 The Contract document shall consist of the following:

i) Original Bidding Document along with its enclosures issued. ii) Amendment/Corrigendum to original Bidding Document issued, if any. iii) Fax/Letter of Intent/ Acceptance. iv) Detailed letter of Award/Acceptance along with enclosures attached therewith. v) Agreement on non-judicial stamp paper

34.0 Deleted 35.0 Deleted 36.0 Deleted 37.0 ORDER OF PRECEDENCE 37.1 The Articles contained in this Section shall supplement to the Special Conditions of

Contract, General Conditions of Contract. Where any portion of Special Conditions of Contracts and General Conditions of Contract is repugnant or at variance with any provisions of Instructions to Bidders, Instructions to Bidders shall be deemed to over-ride the provision(s) of Special Conditions of Contract and General Conditions of Contract only to the extent that such repugnancies of variations in Instructions to Bidders are not possible of being reconciled with the provisions of Special Conditions of Contract and General Conditions of Contract.

38.0 ENGINEER-IN-CHARGE Owner shall designate the person called Engineer-in-charge (EIC) of the work and the

contractor will have to abide by the instructions of Engineer-in-charge as given from



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time to time. 39. 0 PURCHASE PREFERENCE TO PSU'S The Puchase Preference, if applicable, to Central PSUs shall be considered during

valuation of bids as per the existing Govt. Guidelines. However, no Purchase preference to Central PSUs is pplicable as on date.

40.0 Deleted 41.0 INTEGRITY PACT

Owner has entered into a Memorandum of Understanding (MoU) with Transparency International India (TII) for implementing an Integrity Pact programme focused on enhancing transparency in its business transactions, contracts and procurement processes. three independent External Monitors (IEMs) have been nominated by Owner to monitor the functioning of the system. Bidder shall sign Integrity Pact as per Proforma Annexure-XV, prescribed in Instructions to Bidders (ITB). Bidder is to submit the same duly filled, signed and stamped on each page.



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ANNEXURE –I to ITB

BIDDER INFORMATION

1. IN CASE OF INDIVIDUAL

1.1

Name of Business.

1.2 Whether his business is registered and date of registration.

1.3 Date of commencement of business.

2 IN CASE OF PARTNERSHIP

2.1 Name of Partners

2.2 Whether the partnership is registered.

2.3 Date of registration of firm.

3 IN CASE OF LIMITED LIABILITY COMPANY OR COMPANY LIMITED BY GUARANTEES

3.1 Amount of paid up capital

3.2 Name of Directors

3.3 Date of Registration of Company

3.4 Copies of the Balance sheet of the company for the last 3 years.

4. GENERAL

4.1 Complete address

4.2 PIN Code

4.3 Telephone, Fax, mobile & e-mail:

4.5 ECC No :

4.6 Excise Registration no :

4.7 Micro/Small/Medium/ others/ no



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category (mandatory) 4.8 Excise Division :

4.9 Excise Commissionarate :

4.10 Central Sales tax no :

4.11 Local/ State sales tax no :

4.12 Service Tax Registration no

4.13 PAN No .

4.14. TIN No:

4.15 Provident Fund Registration No.

_____________________________________ (STAMP, NAME &SIGNATURE OF BIDDER



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ANNEXURE –II to ITB

DETAILS OF EQUIPMENTS TOOLS & TACKLES The bidder shall submit herein details of equipments, tools, tackles proposed to be deployed for this work and shall indicate in each case whether the same is (a) already owned by bidder and available for use on this Contract. (b) anticipated to be hired by Contractor or (c) anticipated to be purchased by Contractor. In case of (a) present location shall be stated. In case of (b) and (c) location of hirer or supplier shall be stated.

Item proposed to be deployed

Description make model & capacity

Numbers Year of manufacture

Category (a) or (b) or (c) above

Location Remarks

1 2 3 4 5 6 7

Contractor agrees to augment the above chart with additional number/categories of equipment if required to complete the work within the agreed time schedule of completion, as directed by the Engineer-in-Charge.

_____________________________________ (STAMP, NAME &SIGNATURE OF BIDDER)



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ANNEXURE –III to ITB

DETAILS OF SIMILAR WORKS DONE DURING THE PAST SEVEN YEARS Sl. No.

Full postal address of client & name of officer-in-charge

Description of work

Value of contract

Date of commencement

of work

Scheduled completion

period

Actual completion date

Remarks




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ANNEXURE-IV to ITB CONCURRENT COMMITMENTS OF THE BIDDER

Sl. No.

Full postal address of client & name of officer-in-charge

Description of work

Value of contract

Date of commenceme

nt of work

Scheduled completion

period

Percentage completion as

on date

Expected date of

completion

Remark




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ANNEXURE-V to ITB

COMPLIANCE TO BID REQUIREMENTS

We hereby agree to fully comply with, abide by and accept without variation, deviation or reservation all technical, commercial and other conditions whatsoever of the Bidding Documents and its Addendum/ Amendment to the Bidding Documents for subject work. We hereby further confirm any terms and conditions mentioned in our bid (Un-priced as well as Priced Part) shall not be recognized and shall be treated as null and void.




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ANNEXURE – VI to ITB

BID VALIDITY We hereby undertake that our bid for the above stated work shall remain valid for a period of 04 (Four) months from the date of opening. In case of our revoking or cancelling the bid within the validity period, Owner/Consultant is entitled to forfeit the Earnest Money Deposit paid by us along with the bid.




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ANNEXURE – VII to ITB

ANNUAL TURNOVER IN LAST THREE YEARS

Sl. No Financial Year Turnover Net Worth (Rs.) 1

2014-15

2 2013-14

NA

3 2012-13

NA

Note 1. Copies of audited balance sheets with Profit & Loss account statement for last 3 years are

enclosed along with the bid. 2. Bidder shall work out Net worth on following basis: Net Worth : Reserve + Capital - Accumulated loss




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ANNEXURE –VIII to ITB

EXCEPTIONS AND DEVAITIONS

Sl. No.

Ref. of bidding document. Bidders Query/Deviation Owner's Reply Sec No. Page

No. Clause

No. Subject

NOTE : All exceptions / deviations taken by the BIDDER to the stipulations of the Bidding Document shall be brought out on this format only and

should be enclosed alongwith the Part-I -Technical and Unpriced Commercial Bid ONLY.




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ANNEXURE – IX to ITB

CHECKLIST FOR SUBMISSION OF BIDS Bidders are requested to fill this checklist and also to ensure that the details/ documents have been furnished as called for in this bidding document. Please tick (√) the box for this details furnished in the bid.

1. Submission of bid letter (Tender Form) :

2. Copy of the Master Index of the Bidding Document duly signed and stamped in token of having received and read all parts of the Bidding Document and having accepted and considered the same in preparing and submitting their bid.

:

3. Earnest Money Deposit (EMD) as per (Proforma for Bank Guarantee for Earnest Money Deposit) given in Bidding Document incorporating changes, if any, mentioned in subsequent Addendums (Original EMD in Original Bid and copy of EMD in other copies of bid). EMD complies requirement of Specified Bank, Amount, Validity

4. Power of Attorney in favour of the person who has signed the bid on stamp paper of appropriate value.

:

5. PAN :

6. Service Tax Registration Certificate :

7. PF Registration No. ESI and copy of Certificate :

8. Project Schedule / Bar Chart :

9. Bidders General Information as per Annexure-I to ITB.

:

10. List of Details of Equipments Tools and Tackles to be deployed as per Annexure -II to ITB.

:

11. Details of similar works executed in last 7(seven) years as per Annexure - III to ITB.

:

12. Details of Concurrent Commitments of the Bidder as per Annexure - IV to ITB.

:

13. Compliance to Bid Requirements as per Annexure - V to ITB.

:

14. Compliance to Validity of Bid as per Annexure - VI to ITB.

:

15. Details of Annual Turnover as per Annexure-VII to ITB. :



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11. Statement of Deviations / Exceptions as per Annexure - VIII to ITB.

:

12. Check List of submission of bid as per Annexure-IX to ITB.

:

13. Price confirmation copy - A Photocopy of the Priced bid, to be submitted strictly as per SOR Format, Annexure-X, prices being blanked out and in place indicating “Quoted” against each head, shall be submitted duly signed and stamped as confirmation to quoted price.

:

14. Specific Experience, Annual Turnover as called for in "Qualification Criteria" of Notice Inviting Tender as per Annexure-XI to ITB.

:

15. Commercial Questionnaire as per Annexure-XII to ITB.

:

16. Details of P.F. Registration Number as per Annexure-XIII to ITB.

:

17. Organization Chart (Head office and Site office separately) proposed for the execution of this work along with the bio-data of key personnel (in line with Appendix to SCC) as per Annexure-XIV to ITB.

:

18. Submission of Integrity Pact as per Annexure - XV to ITB

:

19. Fresh solvency certificate from your Bankers (from any nationalized /scheduled bank) Date of Issue of this certificate should not be earlier than 1 year from the due date of opening of Techno-Commercial un-priced bid.

a) Certificate date______________

b) From (Name of Bank) ________________

:

20. Organization Details: a) In case of a proprietorship firm, the name and

address of proprietor, and certified copy of "Certificate of Registration of firm".

b) In case Bidder is a partnership firm, certified copy of the partnership deed.

c) In case of company (whether private or public),

certified copy of the `Certificate of Incorporation' together with certified Memorandum/Articles of Association.

:



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21. The bidder shall give the declaration that it/they have or had not been banned or blacklisted/del-listed by any PSU / Government Organizations.

:

22. The bidder shall give the declaration that they have not be under liquidation, court receivership or similar proceedings.

:

23. Any other information required in the Bidding Documents or considered relevant by the bidder

:




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ANNEXURE – X to ITB

SCHEDULE OF RATES (SOR)

Name of Work : Design, Engineering, Fabrication, Supply, Erection, Testing and Pre-Commissioning / Commissioning of Mounded LPG Storage Bullets at Numaligarh Refinery, Assam on LSTK Basis.


TABLE OF CONTENTS

SL. DESCRIPTION 1 PREAMBLE TO SCHEDULE OF PRICE

2 SCHEDULE OF LUMPSUM PRICES (FORM:A)

3 SCHEDULE OF BREAK-UP OF LUMPSUM PRICES (FORM:B)

4 DETAILS OF CENVATABLE EXCISE DUTY INCLUDED IN SUPPLY ITEMS (FORM:SP-B1)

5 DETAILS OF IMPORTED ITEMS (IF ANY) CONSIDERED IN THE QUOTED PRICES OF SUPPLY PORTION (FORM:SP-B2)

6 DETAILS OF OTHER TAXES AND DUTIES (NON-CENVATABLE) INCLUDED IN SUPPLY ITEMS (FORM: SP-B3)

7 DETAILS OF SERVICE TAX ON SERVICE PART (FORM:SP-B4)

8 PRICES OF RECOMMENDED TWO YEAR (OPTIONAL) SPARES (FORM:C)



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(TO BE SUBMITTED ON BIDDER'S LETTER HEAD)

SUBJECT : SCHEDULE OF RATES

Name of Work : Design, Engineering, Fabrication, Supply, Erection, Testing and Pre-Commissioning/ Commissioning of Mounded LPG Storage Bullets at Numaligarh Refinery, Assam on LSTK Basis.


Attn.:-

Dear Sirs, We have examined the NIT Ref. No. dated , the scope of work, terms and conditions of CONTRACT and technical specifications. We are prepared to undertake all the WORK of the "CONTRACTOR" as defined in the NIT for a total fixed and firm price of Indian Currency (INR) as per the break-up given below:

PREAMBLE TO SCHEDULE OF RATES

1. The bidder shall quote on the basis of the requirements of the Bidding Document as minimum requirements. It is understood that these requirements are in no way exhaustive. If during detailed engineering any upward revision of specifications is to be made to meet the process requirements, all such changes shall be carried out by the Contractor without any extra cost to NRL.

2. The Lump sum Price as quoted shall include the cost of supply of all materials and all items of work / services as stipulated in the Bidding Document to complete the work on turnkey basis irrespective of whether all the items for supply and erection / services are categorically listed out brought out or not. Non-familiarity and / or non-identification of any supplies or works in the description of Lump sum Price will not be considered a reason either for extra claims or not carrying out the work in strict conformity with the contract.

3. Unless the basic parameter changes or additional / extra requirements are made, total payments to be made to Contractor shall be limited to Lump sum Price irrespective of the progressive payments made during execution.



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4 a) The total quoted lump sum price towards Residual Design & detailed engineering shall not exceed 3% (Three per cent) of total

quoted lump sum price. b) The total quoted Lumpsum Price towards procurement / supply of all items/ materials shall not exceed 50% (Fifty percent) of the

total quoted lumpsum price. c) The total quoted Lump sum price towards Construction / Installation, Commissioning etc. and completion of work in all respects

shall not be exceed 47% (Fourty Seven Percent) of the total quoted lump sum price.

5 In case of any variation / contradiction between the lump sum prices quoted by the bidder at Sl. Nos. 1.1, 1.2 & 1.3 of break-up of Lump sum Prices with respect to the percentage weightage specified herein at Sl.No. 4 above, the percentage weightages specified for various components of work shall prevail for evaluation and award purposes

6 The quoted prices shall be inclusive of all applicable taxes, duties and other levies except Cenvatable Service Tax which shall be quoted

separately and payable against proper invoice, in the prescribed format, in triplicate, indicating Service Tax registration number and category of service. Bidders shall furnish the present rates of service tax as aplicable.

7 Bidders shall be required to quote the amount of Cenvat credit in respect of eligible items that would be passed on to NRL, for the purpose

of evaluation. Adequate and relevant documents like Excise Invoice, Lorry Receipt, Bill of Entry etc. for availing Cenvat benefit by NRL shall be provided. Excise documents shall mention consignee as NRL.

8 Prices quoted by the bidder, shall remain firm, fixed and valid until completion of the Contract performance and will not be subject to

variation on any account except as otherwise specifically provided in the Bidding Document. Any Statutory variation in customs duty / Excise duty / Service Tax/ CST/VAT, within the contractual completion period, shall be on NRL’s account, against submission of documentary evidence for substantiating the variation by way of relevant notification. However, in case of delay in completion period beyond the contractual date, for reasons attributable to contractor, any increase in these rates shall be borne by the contractor, whereas any decrease shall be passed on to the NRL. NRL shall take CENVAT credit on Excise duty, CVD/SAD, Service Tax, as per the relevant statutes in force and the credit on account of the same shall be considered for evaluation and comparison of bids. Contractor in turn shall be required to submit cenvatable documents for any increase in rate for the purpose of taking credit. In case the contractor fails to submit the documents towards committed value of CENVAT credit, the shortfall shall be recovered from the payments due to the contractor.

9 Any new or additional taxes, duties or levies imposed during the contractual completion period shall be paid to Contractors on submission

of documentary proof. Further, in case of delay in completion of work, due to reasons attributable to contractor, any new or additional taxes, duties or levies imposed after the contractual completion date shall be to contractor’s account. Statutory variations on WCT, if any, or change in rate of WCT due to wrong assessment by contractor shall also be to contractor’s account.



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10. Techno-Commercial/ Un-priced Bid shall contain a photocopy of the Priced bid, to be submitted strictly as per Annexure-X, prices being

blanked out and in place indicating “Quoted” against each head, shall be submitted duly signed and stamped as confirmation to quoted price. However, in the price bid, if it is found that the bidder has failed to quote for any item, it will be implied that such item is either included elsewhere in the quoted prices or not applicable/nil to arrive at the complete scope of work, as per owner’s decision depending upon the item.

11 Bidder shall quote in INR only.

It is understood that as a condition of this proposal, no agreement, oral or otherwise will exist until a written agreement has been signed by an authorised representative of OWNER and approved by the concerned Government Authorities and Financial Institution(s). Any expenses incurred by the bidder prior to execution of such agreement will be borne exclusively by the bidder without obligation of any kind on the part of OWNER, regardless of the circumstances under which such expenses were incurred.

It is the bidder's intention, if awarded the CONTRACT, to comply fully and in all respect with CONTRACT documents.

_____________________________ (STAMP & SIGNATURE OF BIDDER)



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SCHEDULE OF LUMPSUM PRICES (FORM:A)

SL. NO.

DESCRIPTION OF ITEMS UNIT LUMPSUM PRICES (IN RUPEES) IN FIGURES IN WORDS

1.0 Residual design, detailed engineering, preparation of all fabrication drawings/schemes, review/approval of document from appropriate authorities, procurement, supply, receipt, storage, conservation, preservation and handling of material at site of all metallic and non-metallic materials and consumables required for work, transportation of materials, fabrication/ construction/erection, dismantling of fabrication yard, assembly, PWHT, inspection, testing, coating/painting, cathodic protection hydro testing ,calibration etc. Including necessary civil work such as sand bed, mound, hard stand, soil strengthening tunnel/ trenches, foundation, construction of barricading for fabrication yard etc. , all piping, electrical and instrumentation works within battery limit, insulation as applicable , fire proofing etc. Supply of instruments/gauges/equipments etc. for testing, providing all temporary works & equipments for completion, pre-commissioning/commissioning as applicable and mandatory and commissioning spares, supply of lubricants/chemicals as required, supply of special tools and tackles, PDIL / Owner specification/standards etc. and detailed scope of work and supply defined in different sections of bidding tender documents and its attachments, pre-commissioning/ commissioning as applicable, obtaining applicable statutory approvals,

=== ====== ======



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supply of consumables, hardware’s etc. deploying suitable staff, labour, all tools and tackles, equipments etc. and system mechanical & performance guarantee of mounded storage vessels & Drain Vessel and associated system to the entire satisfaction of inspecting authority and Engineer-in-charge.

1.1

Lump Sum price towards residual design & detailed engineering L.S

1.2 Lump Sum price towards procurement & supply of all items/materials L.S

1.3 Lump Sum price towards construction/installation, hydro testing, pre- commissioning / commissioning as applicable etc. and completion of work in all respect.

L.S

Total Lumpsum price (1.1 + 1.2 + 1.3) L.S



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SCHEDULE OF BREAK-UP OF LUMPSUM PRICES (FORM:B)

SL. NO.

DESCRIPTION OF ITEMS UNIT LUMPSUM PRICES (IN RUPEES) IN FIGURES IN WORDS

1.1 RESIDUAL DESIGN, DETAILED ENGINEERING Residual design, detailed engineering, preparation of fabrication/construction drawings, schemes of erection/ construction/ PWHT/ Hydro testing, drawings/ layouts/ GADs/ isometrics etc. and all other documents, submission of designed/drawings/documents etc. for review/approval from appropriate authorities, supply of all documents/manuals at all stages as per requirements detailed out in various sections of bid document for the following:

=== ====== ======

1.1.1 Mounded storage vessels (4 Nos.) + Drain Vessel (1 No.) L.S 1.1.2 Civil/structural work L.S 1.1.3 Piping work L.S 1.1.4 Instrumentation work L.S 1.1.5 Cathodic protection system L.S 1.1.6 Other balance items L.S

Sub Total of item 1.1 (i.e 1.1.1 to 1.1.6) L.S 1.2 PROCUREMENT AND SUPPLY

Procurement and supply at appropriate stages of all metallic and non-metallic materials, equipments, consumables and all other items including commissioning spares, ocean freight/air freight, customs clearance, stevedoring, insurance, inland transportation, receipt, accounting, storing and preservation of materials etc. All complete as per scope of supply/work detailed in various sections of bidding document, drawing, specifications, other documents and directions of Engineer-in-charge for the following:

=== ====== ======

1.2.1 Mounded storage vessels + Drain Vessel (steel plates, nozzle, forgings, pipes etc.) L.S



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(4 nos. LPG vessels + 1 no Drain vessel) 1.2.2 Civil/structural work for LPG vessels L.S 1.2.3 Piping work L.S 1.2.4 Instrumentation work L.S 1.2.5 Cathodic protection system L.S 1.2.6 Insulation (as applicable ), Painting & fire proofing L.S 1.2.7 Pre-commissioning and Commissioning spares/

mandatory spares L.S

1.2.8 Other balance items L.S Sub Total of 1.2 (i.e 1.2.1 to 1.2.8)

1.3 CONSTRUCTION/INSTALLATION/COMMISSIONING PORTION Construction, Fabrication, Installation, PWHT, Inspection, testing, Hydrotesting , calibration , pre-commissioning/ commissioning (as applicable), Mechanical & system performance guarantees including any balance field engineering, supply of all labour, materials (excluding those covered in supply portion), spares (pre-commissioning / commissioning), providing all machineries, equipment, tools, tackles, aids for construction/erection/testing etc, all complete in accccordance with approved drawings, specification, data sheets, specific requirements, scope of work/ supply and other provisions of bidding document and direction of Engineer-in- charge for the following:

=== ====== ======

1.3.1 Mounded storage vessels (4 Nos.) + Drain Vessel (1 No.) L.S 1.3.2 Civil/structural work for LPG VESSELS L.S 1.3.3 Piping work L.S 1.3.4 Instrumentation work L.S 1.3.5 Cathodic protection system L.S 1.3.6 Insulation as applicable , Painting work & fire proofing L.S 1.3.7 Other balance item of work (Refer note 1 below) L.S

Sub Total of 1.3 (i.e 1.3.1 to 1.3.7) L.S



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Notes

1. The quoted prices of the bidders against other balance items/ work shall be deemed to include the cost of any and all activities as are required for the completion of all the works as per scope of works and other stipulations of bidding documents, even when the prices indicated against item titled as Another balance items is ‘NIL”

2. It is to be noted that total sum of price break-up given in schedule of breakup of lump sum price should match with as quoted lump sum price in schedule of lump sum price. In the event of discrepancies between these two, lump sum price in schedule of lump sum price will be considered final and breakup prices deemed to be adjusted accordingly.

3. Based on the above break-up finished, the bidder shall submit a detailed break-up of prices for the purpose of progressive payment in the event of award of work for approval of Engineer-in-charge.

_____________________________

(STAMP & SIGNATURE OF BIDDER)



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DETAILS OF CENVATABLE EXCISE DUTY INCLUDED IN SUPPLY ITEMS (FORM:SP-B1)

Sl. No

Description Assessable amount on Excise duty is applicable

(In INR)

Applicable Rate

(In %)

Amount of Tax in Indian Rupees (INR) (In Figure) (In Words)

1 Excise Duty

NOTE:

1. Total of Cenvatable duty indicated above shall be deducted from total quoted price for the purpose of evaluation.

2. Cenvatable Duty component mentioned in this FORM shall be considered as mandatory discount and shall be adjusted from all RA bills on pro-

rata basis. The Cenvatable duty shall be reimbursed to the Contractor upon production of documentary evidence to enable Owner to claim Cenvat Benefit subject to the ceiling mentioned in this FORM. Further, such Cenvatable duty shall be reimbursed only for the items which are eligible for Cenvat Benefit as per Excise rules and provisions of Bidding Document

3. In case of change in quantity for the above items during execution, the Cenvatable amount for such items shall be adjusted proportionately.




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DETAILS OF IMPORTED ITEMS (IF ANY) CONSIDERED IN THE QUOTED PRICES OF SUPPLY PORTION (FORM:SP-B2)

Sl. No Description of Item CIF Value of Imported

Item (In INR) Basic

Custom Duty (%) CVD (%) SAD (%)

1

2

3

1) Price for imported item is on CIF basis.

2) Bidder shall consider only merit rate of custom duty in their offer.

3) The OWNER's liability to pay custom duty shall be limited to a maximum of CIF value indicated in this FORM in accordance with the provisions of bidding documents.

4) Clearance at Port, Airport, Demurrage / Wharfage, if any, transportation to the site and loading / unloading will be in the CONTRACTOR'S scope.




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DETAILS OF OTHER TAXES AND DUTIES (NON-CENVATABLE) INCLUDED IN SUPPLY ITEMS (FORM: SP-B3)

Sl. No

Description Assessable amount on which tax is applicable

(In INR)

Applicable Rate

(In %)

Amount of Tax in Indian Rupees (INR) (In Figure) (In Words)

1 CST

2 VAT

3 Other-please specify, if any

Note: 1. The amount quoted on supply items indicated in this form are for the purpose of providing statutory variation only and shall NOT be considered for

price evaluation. 2. All variations shall be applicable on “finished goods” only.

_____________________________




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DETAILS OF SERVICE TAX ON SERVICE PART (FORM:SP-B4)

Sl. No

Value of Service Portion of Works Contract on which Service Tax is applicable

Amount of Service tax @ 14.0% or as applicable on the date of quotation (In INR)

In Figure In Words

Note:

1) The lumpsum price quoted in the schedule of prices (Form-B) shall be exclusive of service tax.

2) Service tax shall be reimbursed subject to maximum service tax amount indicated in Form-B3 of Schedule of Price. During execution of work, this amount shall be worked out after considering statutory variations, if any.




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PRICES OF RECOMMENDED TWO YEAR (OPTIONAL) SPARES (FORM:C)

Sl. No Description Unit Qty

Name(S) Of Recommended Manufacturer(S)

Amount In Indian Rupees (Rs) In Figure In Words

1.0 RECOMMENDED TWO YEAR SPARES ==== ==== =========== ======= =============

Note:

1) The lumpsum price quoted in the schedule of prices (Form-C) shall be INCLUSIVE of all taxes & duties except Excise Duty which shall be paid Extra at Actuals. No extra payment shall be made other than Excise Duty.

2) Recommended two year spares shall not be considered for price evaluation. These will be selected and ordered by NRL.

3) The validity of recommended two year spares shall be 12 months beyond Mechanical Completion.



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ANNEXURE – XI to ITB

PROFORMA FOR SUBMISSION OF DETAILS OF SPECIFIC EXPERIENCE

DETAILS AS CALLED FOR IN “QUALIFICATION CRITERIA” OF NOTICE INVITING TENDER

---------------------------------------------------------------------------------------------------------------- S.No. Description Details ---------------------------------------------------------------------------------------------------------------- 1. Name Of the Bidder: 2. Bidder to specify the details of work(s) executed Experience details by the Bidder complying the requirement of PQC of NIT i) Name of Work & Project : ii) Contract value: iii) Date of Completion: 3. Submission of Documentary Evidence: i) Copy of Work Order Submitted/ Not Submitted ii) Copy of Completion Certificate Submitted/ Not Submitted

Bidder must ensure that all details filled at Sr. No.2 above are covered in work order/ completion certificate. In case certain detailed are not covered bidder may submit additional authenticated document/ certificate in respect of the same

NOTE:

i) Bidder shall furnish the experience details as above only of those project which they consider suitable for meeting the Qualification Criteria. NRL/PDIL reserve the right not to evaluate any other project details. Details of more projects may be furnished in the same format, if desired.

ii) Bidder to note that non-submission of relevant supporting documents may lead to rejection

of their bid. It shall be ensured that all relevant supporting documents are submitted along with their bid in the first instance itself. Evaluation may be completed based on the details so furnished without seeking any subsequent additional information.

____________________________________ (STAMP, NAME &SIGNATURE OF BIDDER)



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ANNEXURE – XII to ITB

COMMERCIAL QUESTIONNAIRE The Bidders reply/confirmation as furnished in the commercial questionnaire shall supersede the stipulations mentioned elsewhere in their bid. Sl No. Query Bidders reply/confirmation

1 Confirm that Earnest Money Deposit as per bid stipulations have been furnished along with bid.

2 Confirm that your bid is valid for a period of 4 (Four) months from the date of opening of Techno-Commercial (Unpriced) Bids.

3 Confirm your acceptance to total requirement of bidding document as mentioned in NIT.

4 Confirm your compliance to scope of work as mentioned in bidding document.

5 Confirm that all materials shall be supplied as per standards & specifications

6 Confirm that all materials shall be supplied by the contractor at their cost without any liability on the part of owner.

7 Confirm that the quoted Rates/Price includes the cost for carrying out complete work as per drawing/specific requirement/ schedule of price/ scope of work, scope of supply mentioned in the bid document whether expressly mentioned in the item description ofSchedule of Rates/Prices or not.

8 Confirm that the quoted price includes all taxes, duties except service tax as per Bidding Document.

9 Confirm that there are no terms and conditions in the Price-Part and in case any terms and conditions is mentioned, the same shall be treated as null & void.

10 Confirm that all the Annexures to ITB are filled and submitted along with Part- I of offer strictly as per proforma given in bidding document.

11 Confirm that construction equipments, tools & tackles, etc. which have been proposed will be sufficient to complete the work as per the time schedule.

12 Confirm that you have proposed adequate Project/Site organization with supervisory personnel having good experience and the chart is enclosed.




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ANNEXURE – XIII to ITB

DETAILS OF P.F. REGISTRATION Bidder to furnish details of Provident Fund Registration: PF REGISTRATION NO. : DISTRICT & STATE : We hereby confirm that the above PF Account is under operation presently and shall be used for all PF related activities for the labour engaged by us in the present work (if awarded to us).




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ANNEXURE – XIV to ITB

DETAILS OF PROPOSED SITE ORGANIZATION

The bidder shall submit on a separate sheet details of Head Office and site organization proposed to be deployed for execution of the work. Bidder shall also furnish the bio-data indicating qualification & experience of Resident Engineer/Site-in-charge and all key personnel to be deployed. i) Organization at head office: ii) Proposed site organization chart: (Bidder to include planning engineer, quality control engineer, safety officer and store keeper/ office in proposed site organization) NOTE: 1. Bidder agrees to augment the above list with additional number/categories, if required and directed by the Engineer-in-charge, to complete the work within the completion time schedule and quoted price.

_____________________________________



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(STAMP, NAME &SIGNATURE OF BIDDER)

ANNEXURE – XV to ITB

INTEGRITY PACT

Annexure-GINTEGRITY PACT

NOTE TO BtPpER:

a. Proforma of Inlegrity Pact(enclosed) shall be returned by the Bidder(s) alongwith the bid documents (technical bid in case of 2 part. bids), duty signed by thesame Signatory who is authorised to sign the bid documents. Allthe pages of theIntegrity Pact shall be duly signed. Bidder's failure to return the lp du-ly signedshall result in the bid not being considered for furlher evaluation.

b. lf the Bidder has been disqualified from the tender process prior to the award ofthe contract in accordance with the provisions of the Integrity Pact, NRL shall beentitled to demand and recover from Bidder Liquidated Damages amount byforfeiting the EMD / Bid security as per provisions of the Integrity pact.

c. lf the contract has been terminated according to the provisions of the IntegrityPact, or if NRL is entitled to terminaie the contract according to the provisionl ofthe lntegrity Pact, NRL shall be entitled to demand and recover from Contractor /Supplier Liquidated Damages amount by forfeiting the Security Deposit i

d. BiddersMonitor(

raise disputes / complaints, if any, with the) through telephone and email followed by

and written document. However date of receipt

Independent Externalwritten document orof complaint shall be

the date of receipt of signed written document only.

Name /

mentioned

/ e-mail lD / contact number(s) of Independent External Monitorsof Integrity Pact Programme at NRL areappointed t oversee implementation

ame & Address of Independent External Monitors for

Shri Brahm Dutt1i8 Safdarjung EnclaveNew Delhi -. 110 029Mobile: 9871920282E-mail - dutt. [email protected]

Shri S. S. N. MoorlhvGFQ, 1't Floor.B. Block, Summit Apts,Mettupalayam Road,Coimbatore - 641043Mobile: 95009986'10E-mail - qgnml [email protected]

Shri Shantanu ConsulNo. 9 MCHS (lAS Officers Colony),16'n Main IAS Officers Colony, BTM 2nd Stage,Banoalore - 560076Mobile: 9740069318E-mail-

-1

1)

2)

SARMISTHA DUTTADy. Manager (Cornmercjat)Numaligarh Refinery Ltd.

mksenapati

Text Box

mksenapati

Sticky Note

Marked set by mksenapati

SARMISTHA DUTTADy, F/anager (Cornmercial)Numalilarh Rdfinery Ltd.

INTEGRITY PACT

Between

Numaligarh Refinery Limited (NRL) hereinafter referred to as "The Prrncipal",And

e i o I "I.rC

o n tl.r.tol.ls, $i l""il tot' cl5 "The

The Principal intends to award, under laid down organization procedures,contracvs for .. .. .. . ... ..The Principal values full compliance with allrelevant laws and regulations, and the principles of economic use ofresources, and of fairness and transparency in its relations with its Bidder/s,Contractor/s and Supplier/s.

ln order to achieve these goals, the Principal cooperates with the renownedinternational Non-Governmental Organisation "Transparency International"(Tl) Following Tl's national and international experience, the Principal willappoint an Independent External Monitor who will monitor the tender processand the execution of the contract for compliance with the principles mentionedaoove.

$ection 1 - Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to preventcorruption and to observe the following principles:

a) No employee of the Principal, personally or through familymembers, will in connection with the tender, or the execution of thecontract, demand, take a promise for or accept, for himself/herselfor third person, any material or immaterial benefit which he/she isnot legally entitled to.

b) The Principal will, during the tender process, treat all Bidders withequity and reason. The Principal will, in particular, before andduring the tender process, provide to all Bidders the sameinformation and will not provide to any Bidder confidential /additional information ihrough which the Bidder could obtain anadvantage in relation to the tender process or the contractexecutlon.

c) The Principal will exclude from the process all known prejudicedpersons.

(2) lf the Principal obtains information on the conduct of any of its employeeswhich is a criminal offence under the relevant Anti-Corruption Laws of

referred

Preamble

fn

2

India, or if there be a s-ubstantive suspicion in this regard, the principal willinform its Vigilance office and in addiiion can initiate-disciplinary actions.

section 2 - commitments of the Bidder / contractor/supprier

(1)The Bidder / Contractor/Supplier commits itself to take all measuresnecessary to prevent corruption. He commits himself to observe thefollowing principres during his participation in ttre tenoer process andduring the contract executibn.

a) The Bidder / contractor/supplier will not, direcfly or through anyother person or.firm, offer, promise or give to any of the Rriicipit'semployees involved in the tender process or the execution oi tt.1"contract or to any third person, any material or rmmateriar benefitwhich he/she is not regaily entitled to, in order to obtain inexcnange, any advantage of any kind whatsoever during the tenderprocess or during the execution of the contract.

b) The Bidder / Contractor/Supplier will not enter with other Biddersinto any undisclosed agreement or understanding, whether formaror informar. This appries in particurar to prces, specifications,certifications, subsidiary contracts, submission or non-submission ofbids or any other actions to restrict competitiveness or to rntroducecartelisation in the bidding process.

c) The Bidder / Contractor/Supplier wili not commit any offence underthe relevant Anti-corruption Laws of India; further the Bidder /contractor/supprier wiil not use improperry, for purposei ofcompetition or personar gain, or pass on to others, any informationor docum.ent provided by the principar as part of the businessrelationship, regarding prans, technicar proposars and businessdeta ils, irrcl udi ng i nform ation conta ined or tra nsm itteo electrt;i;, ilt

d) The Bidcler / contractor/supplier will, when presenting his bid,disclose any and. all payments he has made, is commiited to, orintends to make to agents, brokers or any ottrer intermediaries inconnection with the award of the contract.

(2) The Bidder / Contractor/Supplier will not instigate thiro persons to commitoffences outlineci above or be an accessory to such offences.

SARMISTHA DUTTADy. l/anager (Cornmercial)rtumalitarh Refine.ry LtC.

J-

Section 3 - Disqualification from tender process and exclusion fromfuture contracts

(1)lf the Bidder/Contractor/Supplier has committed a transgression through aviolation of section 2 such as to put his reliability tr credibitity lntoquestion, the principal is also enti'ed to excrude the Bidder Icontractor/Supplier from future contract award processes. The impositionand duration of the exclusion will be determined by the severity of thetransgression. 'fhe severity will be determined by the'crrcumstances of thecase, In partic;ular the number of transgressions, the position of thetransgressors within the company l^rierarch! of the d,oo", and the amountof the damage. The exclusion wlil be imposed for a minimum of 6 monthsand maximum of 3 years

(2) A transgression is considered to have occurred if the principal after dueconsideration of the available evidences, concludes that no reasonabredoubt is possible.

obtaining independent legal advice.

(4) lf the Bidder /. contractor/supprier can prove that he has restored /recouped the damage caused by him and has installed a suitablecorruption prevention system, the principal may revoke the exclusionprematurely.

Section 4 - Cornpensation for Damages

(1)lf the Principal has disqualified the BicJder from the tender process prror tothe award accordhg to section 3, the principar is entitteo to demand anorecover from the Bidder riquidated damages equivarent to Earnest MoneyDeposiVBid Security.

(2) lf the Principal has terminated the contract according to section 3, or if thePrincipal is entifled to terminate the contract according to section 3, thePrincipal shail be entifled to demand and recover from thecontractor/supplier liquidated damages equivalent to security Deposit /Performance Bank Guarantee.

SARMISTHA DUTYA, )y, Manager (Cornnr.j ir_:i;;i)

r{ umaligarh Refinery r-tu.

4

(3) The Bidder agrees and undertakes to pay the said amounts withoutprotest or demur subject only to condition that if the Bidder IContractor/Supplier can prove and establish that the exclusion of theBidder from the tender process or the termination of the contract after thecontract award has caused no damage or less damage than the amount ofthe liquidated damages, the Bidder i bontractoriSuppiier shall compensatethe Principal orrly to the extent of the damage in the amount proved.

Section 5 - Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3years with any other company in any country conforming to the Tlapproach or with any other Public Sector Enterprise in Indii that couldjustify his exclusion from the tender process.

(2) lf the Bidder makes incorrect statement on thisdisqualified from the tender process or the contract,can be terminated for such reason.

subject, he can beif already awarded,

section 6 - Equal treatment of all Bidders / Gontractors /suppliers/Subcontractors

(1) The Bidder/contractor/supplier undertakes to demand from allsubcontractors a commitment in conformity with this Integrity pact, and tosubmit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as thisone with all Bidders, contractors/suppliers and subcontractors.

(3) The Principal will disqualify from the tender process all Bidders who donot sign this Pact or violate its provisions.

section 7 - Purritive Action against viotating Bidders / contractors /S u ppl iers/S u bco ntractors

lf the Principal obtains,knowledge of conduct of a Bidder, Contractor, Supplieror Subcontractor, or of an employee or a representative or an assocrate of aBidder, Contractor, Supplier or Subcontractor which constitutes corruption, orif the Principal has substantive suspicir:n in this regard, ilre principai wirrinform the Vigilance Office.

SARMISIHA DUTTADy, Managbr (Comri r * :"cir:r)

Numaligafh Refinery Ltc.-5-

Section 8 - lndependent External Monitors

(1)The Principal has appointed competent and credible lndependentExternal Monitors for this Pact. The task of the Monitor is to reviewindependently and objectively, whether and to what extent the partiescomply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of theparties and performs his functions neutrally and independently. He reportsto the Chairperson of the Board of the principal.

(3) The Bidder/Contractor/Supplier accepts that the Monitor has the right toaccess without restriction to all Project documentation of the Principarincluding that provided by the Bidder/contractor/supplier. TheBidder/contractor/supplier will also grant the Monitor, upon his requestand demonstration of a valid interest, unrestricted and unconditionalaccess to this project documentation. The same is applicable toSubcontractors. The Monitor is undei contractual obligaiion to treat theinformation and documents of the Bidder/Contractor/Supplier/Su bcontractor with confidentially.

(a) The Principal will provide to the Monitor sufficient information about allmeetings among the parties related to the Project provided such meetingscould have an impact on the contractual relations between the Principarand the Bidder/Contractor/Supplier. The parties offer to the Monitor iheoption to participate in such meetings.

(5) As soon as tl're Monitor notices, or believes to notice, a violation of thisagreement, he will so inform the Management of the principal and requestthe Management to discontinue or heal the violation, or to take otherrelevant actiorr. The Monitor can in this regard submit non-bindingrecommendation. Beyond this, the N/|onitor has no right to demand fromthe parties that they act in a specific manner, refrain from action or tolerateaction. However, the Independent External Monitor shall give anopportunity to the Bidder/Contractor/Supplier to present its case beforemaking its recommendations to the principal.

(6) The Monitor will submit a written report to the Chairperson of the Board ofthe Principal within 8 to l0weeks from the date of reference or intimationto him by the'Principal'and, should the occasion arise, submit proposalsfor correcting problematic situations.

(7) lf the Monitor has reported to the chairperson of the Board asubstantiated suspicion of an offence under relevant Anti-Corruption Lawsof India, and the Chairperson has not, within reasonable time, taken visibleaction to proceed against such offence or reported it to the VigilanceOffice, the Monitor may also transmit this information directlv to the CentrarVigilance Comrnissioner, Government of India.

(8) The word 'Monitor'would include both singular and plural.

SARMISfHA DUTTADy, ManagQr (Comnrereial)Numaligarh Refinery Ltei.

h

Section 9 - pact Duration

This Pact begins when both parties have legally signed it. lt expires for theContractoriSupplier 12 months after the tas[ piym6nt under the respectivecontract, and for all other Bidders 6 months after the contract has beenawarded.

lf any claim is made i lodged during this time, the same shall be binding andcontinue to be valid despite the lapse of this pact as specified above, uniess itis discharged / determined by chairperson of the principal.

Section 10 - Other provisions

(1)This. agreement is subject to Indian Law. place of performance andjurisdiction is the Registered Office of the Principal, i.e. Guwahati. TheArbitration clause provided in the main tender document / contract shallnot be applicable for any issue / dispute arising under Integrity pact.

(2) Changes and supplements as well as termination notices need to bemade in writing. Side agreements have not been made.

(3) lf the Bidder/Contractor/Supplier is a partnership or a consortium, thisagreement must be signed by all partners or consortium members.

(a) Should one or several provisions of this agreement turn out to be invalid,the remainder of this agreement remains valid. In this case, the parties willstrive to come to an agreement to their original intentions.

P ace

For the Principal

Date .

For the Bidder/Contractor/Supplier

Witness 1 .

(S i g natu re/N a m e/Add ress)

Witness 2 :

(S ig natu re/N ame/Add ress)

SARMISTHA CIUTTAty. IvlanagQ[ (cofnrr,,, r.,;,i).' : rmaligarh Refinery urr"

-


GENERAL CONDITIONS OF CONTRACT

EM163/E-1/3.0 0

DOCUMENT NO REV

SHEET 1 OF 1



(SECTION - 3)

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NUMALIGARH REFINERY LIMITED

GENERAL CONDITIONS OF CONTRACT For implementation of Numaligarh Refinery Project.

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TABLE OF CONTENTS FOR


Sl. No. Description Page No.

(I) TABLE OF CONTENT (II) SUBMISSION OF TENDER

SECTION-I (GENERAL CONDITION OF CONTRACT) .................................................. 8

1.0 DEFINITION OF TERMS .................................................................................................... 8

SECTION-II (GENERAL INFORMATION) ....................................................................... 11 2.0 GENERAL INFORMATION ................................................................................................ 11 2.1 (a) Location of Site 11

(b) Access by Road 11 2.2 SCOPE OF WORK 11 2.3 Water Supply 11 2.4 Power Supply 11 2.5 Land for Contractor’s Field Office , Godown & Workshop 13 2.6 Land Forsidental Accommodation 13

SECTION-III (GENERAL INSTRUCTION TO TENDERERS) ......................................... 14

3.0 SUBMISSION OF TENDER ................................................................................................ 14 4.0 DOCUMENTS ...................................................................................................................... 14 4.1 General 14 4.2 All Pages to be Initialed 15 4.3 Rates to be in Figures and Words 15 4.4 Correction and Erasures 15 4.5 Signature of Tenderer 16 4.6 Witness 16 4.7 Details Of Experience 16 5.0 TRANSFER OF TENDER DOCUMENTS .......................................................................... 16 6.0 EARNEST MONEY .............................................................................................................. 16 7.0 VALIDITY ............................................................................................................................ 16 8.0 ADDENDA/CORRIGENDA ................................................................................................ 17 9.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER ................................................ 17

10.0 SECURITY DEPOSIT .......................................................................................................... 17 11.0 TIME SCHEDULE ................................................................................................................ 17 12.0 COLLECTION OF DATA TENDERER’S RESPONSIBILITY ......................................... 18 13.0 RETIRED GOVERNMENT OR COMPANY OFFICERS .................................................. 18 14.0 SIGNING OF CONTRACT AGREEMENT ........................................................................ 18 15.0 FIELD MANAGEMENT BY ENGINEER-IN-CHARGE ................................................... 18 16.0 NOTE TO SCHDULE OF RATES ...................................................................................... 18 17.0 POLICY FOR TENDERERS UNDER CONSIDERATION ............................................... 19 18.0 AWARD OF CONTRACT ................................................................................................... 19 19.0 CLARIFICATION OF TENDER DOCUMENT ................................................................. 19 20.0 LOCAL CONDITION .......................................................................................................... 19 21.0 ABNORMAL RATES .......................................................................................................... 20

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SECTION-IV (GENERAL OBLIGATIONS) ...................................................................... 21 22.0 INTERPRETATION OF CONTRACT DOCUMENT ........................................................ 21 22.1 General 21 22.2 Headings and Marginal Notes 21 22.3 Singular and Plural 21 23.0 SPECIAL CONDITION OF CONTRACT .......................................................................... 21 24.0 CONTRACTOR TO OBTAIN HIS OWN INFORMATION .............................................. 22 25.0 SECURITY DEPOSIT ......................................................................................................... 23 26.0 TIME OF PERFORMANCE ................................................................................................ 23 26.1 Time for Mobilisation 23 26.2 The Schedule of Construction 24 27.0 FORCE MAJEURE .............................................................................................................. 24 28.0 EXTENTSION OF TIME ..................................................................................................... 24 29.0 COMPENSATION FOR DELAY (LIQUID DAMAGE) ..................................................... 24 30.0 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS

RESPONSIBLE COMPENSATION WITHOUT REFERENCE TO ACTUAL LOSS ...... 25 31.0 RIGHT OF OWNER TO FORFEIT SECURITY DEPOSIT ................................................ 25 32.0 FAILURE BY THE CONTRACTOR TO COMPLY WITH THE PROVISIONS OF THE

CONTRACT .......................................................................................................................... 25 33.0 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT

TAKEN UNDER CLAUSE 32.0 ENTITLED FAILURE BY CONTRACTOR. ................. 26 34.0 CHANGE IN CONSTITUTION ........................................................................................... 26 35.0 TERMINATION OF CONTRACT FOR DEATH ................................................................ 27 36.0 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE ....................................... 27 37.0 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS ...................................... 27 38.0 CONTRACTORS OFFICE AT SITE .................................................................................... 27 39.0 CONTRACTORS SUBORDINATE STAFF AND THEIR CONDUCT ............................. 27 40.0 (I) SUB-LETTING OF WORDS ........................................................................................... 28

(II) SUB CONTRACT FOR TEMPORARY WORKS ETC (III) LIST OF SUB CONTRACTORS TO BE SUPPLIED (IV) CONTRACTORS LIABILITY NOT LIMITED BY SUB CONTRACTORS (V) OWNER MAY TERMINATE SUB CONTRACTS (VI) NO REMEDY FOR ACTION TAKEN UNDER THIS CLAUSE

41.0 POWER OF ENTRY ............................................................................................................. 29 42.0 CONTRACTORS RESPONSIBILITY WITH MECHANICAL, ELECTRICAL

INTERCOMMINUCATION SYSTEM, AIR CONDITIONING CONTRACTORS AND OTHER AGENCIES ............................................................................................................. 30

43.0 OTHER AGENCIES AT SITE .............................................................................................. 30 44.0 NOTICES .............................................................................................................................. 30 45.0 RIGHT OF VARIOUS INTERESTS .................................................................................... 30 46.0 PATENTS AND ROYALTIES ............................................................................................. 31 47.0 LIENS .................................................................................................................................... 31 48.0 DELAYS BY OWNER OR HIS AUTHORISED AGENCIES ............................................ 32 49.0 PAYMENTS IF THE CONTRACT IS TERMINATED ....................................................... 32 50.0 NO WAIVER OF RIGHTS ................................................................................................... 33 51.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND LIABILITY OF

CONTRACTOR .................................................................................................................... 33 52.0 LANGUAGES AND MEASURES ....................................................................................... 33 53.0 TRANSFER OF TITLE ......................................................................................................... 33 54.0 RELEASE OF INFORMATION ........................................................................................... 33 55.0 BRAND NAME ..................................................................................................................... 33 56.0 COMPLETION OF CONTRACT ......................................................................................... 34 57.0 SPARES ................................................................................................................................. 34

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SECTION-V (PERFOMANCE OF WORK) ......................................................................... 35 58.0 EXECUTION OF WORK ..................................................................................................... 35 59.0 COORDINATION AND INSPECTION OF WORK ............................................................ 35 60.0 ALTERATIONS IN SPECIFICATIONS,DESIGN & EXTRA WORK ............................... 35 61.0 WORKS ON SUNDAY AND HOLIDAYS .......................................................................... 37 62.0 GENERAL CONDITIONS FOR CONSTRUCTION & ERECTION WORK ..................... 37 63.0 DRAWINGS TO BE SUPPLIED BY THE OWNER ........................................................... 37 64.0 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR............................................... 38 65.0 SETTING OUT WORKS ...................................................................................................... 39 66.0 RESPONSIBILITY FOR LEVELS AND ALIGNMENT..................................................... 39 67.0 MATERIALS TO BE SUPPLIED BY CONTRACTOR ...................................................... 39 68.0 STORES SUPPLIED BY OWNER/SECURITY OF MATERIALS/EQUIPMENTS .......... 40 69.0 CONDITION FOR ISSUE OF MATERIAL ......................................................................... 40 70.0 MATERIALS PROCURED WITH ASSISTANCE OF OWNER/RETURN OF SURPLUS

............................................................................................................................................... 41 71.0 MATERIALS OBTAIN FROM DISMANILING ................................................................. 42 72.0 ARTICLES OF VALUE FOUND ......................................................................................... 42 73.0 DISCREPENCIES BETWEEN INSTRUCTION ................................................................. 42 74.0 WORK IN MONSOON & DEWATERING ......................................................................... 42 75.0 ACTION WHERE NO SPECIFICATION IS ISSUED ........................................................ 42 76.0 INSPECTION OF WORKS ................................................................................................... 43 77.0 ASSISTANCE TO ENGINEER-IN-CHARGE ..................................................................... 43 78.0 TESTS FOR QUALITY OF WORKS/QUALITY ASSURANCE ....................................... 43 79.0 SAMPLES OF APPROVAL ................................................................................................. 44 80.0 ACTION AND COMPENSATION IN CASE OF BAD WORK ......................................... 44 81.0 SUSPENSION OF WORK .................................................................................................... 44 82.0 OWNER MAY DO PART OF WORK ................................................................................. 45 83.0 POSSESSION PRIOR TO COMPLETION .......................................................................... 45 84.0 TWELVE MONTHS PERIOD OF LIABILITY FROM THE DATE OF ISSUE OF

COMPLETION CERTIFICATE ........................................................................................... 45 84.1 Failure to Rectify Defects During Liability Period and Variations 45 84.2 Extended Liability on Contract Performance Guarantee 45 84.3 Care of Works 46 84.4 Defects Prior to Taking Over 46 84.5 Defects after Taking Over 46 85.0 GUARANTEE / TRANSFER OF GUARANTEE ................................................................ 47 86.0 TRAINING OF OWNER’S PERSONAL ............................................................................. 47 87.0 REPLACEMENT OF DEFECTIVE PARIS & MATERIALS ............................................. 47 88.0 DEFENCE OF SUITS ........................................................................................................... 48 89.0 CONSTRUCTION AIDS, EQUIPMENT'S, TOOLS & TACKLES .................................... 48

SECTION –VI CERTIFICATES AND PAYMENTS .......................................................... 49

90.0 SCHEDULE OF RATES AND PAYMENTS ....................................................................... 49 91.0 PROCEDURE FOR MEASUREMENT AND BILLING OF WORK IN PROGRESS ....... 50 92.0 LUMP-SUMS IN TENDER .................................................................................................. 51 93.0 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES .................. 52 94.0 NOTICE OF CLAIMS FOR ADDITIONAL PAYMENTS.................................................. 52 95.0 PAYMENT OF CONTRACTOR’S BILL............................................................................. 52 96.0 RECEIPT FOR PAYMENT .................................................................................................. 53 97.0 COMPLETION CERTIFICATE ........................................................................................... 53 98.0 FINAL DECISION AND FINAL CERTIFICATE ............................................................... 54 99.0 CERTIFICATE AND PAYMENTS NO EVIDENCE OF COMPLETION ......................... 54 100.0 DEDUCTIONS FROM THE CONNTRACT PRICE ........................................................... 54

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SECTION –VII TAXES AND INSURANCE ...................................................................... 55 101.0 TAXES DUTIES, OCTROLETC .......................................................................................... 55 102.0 SALES TAX/TURN OVER TAX ......................................................................................... 55 103.0 EXCISE DUTY (ON WORKS CONTRACT ONLY) .......................................................... 55 104.0 INSURANCE ........................................................................................................................ 55 105.0 DAMAGE TO PROPERTY OR ANY PERSON OR ANY THIRD PARTY ...................... 57

SECTION- VIII LABOUR LAWS AND ARBITRATION ................................................. 59

106.0 LABOUR LAWS ................................................................................................................... 59 107.0 IMPLEMENTATION OF APPRENTICES ACT,1961 / PROVIDENT FUND ACT .......... 60 108.0 CONTRACTOR TO INDEMNIFY THE OWNER .............................................................. 60 109.0 HEALTH AND SANTARY ARRANGEMENTS FOR WORKERS ................................... 61 110.0 ARBITRATION .................................................................................................................... 61 111.0 JURISDICTION .................................................................................................................... 62

SECTION-IX SAFETY CODE ............................................................................................ 63

112.0 GENERAL ............................................................................................................................. 63 113.0 SAFETY REGULATIONS ................................................................................................... 63 114.0 GENERALS RULES ............................................................................................................. 63 115.0 CONTRACTOR’S BARRICADES ...................................................................................... 63 116.0 SCAFFOLDING .................................................................................................................... 64 117.0 EXCAVATION AND TRENCHING ................................................................................... 64 118.0 DEMOLITION/GENERAL SAFETY................................................................................... 65 119.0 CARE IN HANDLING INFLAMMABLE GAS .................................................................. 67 120.0 TEMPORARY COMBUSTIBLE STRUCTURES ............................................................... 67 121.0 PRECAUTIONS AGAINST FIRE ........................................................................................ 67 122.0 EXPLOSIVES ....................................................................................................................... 67 123.0 MINES ACT .......................................................................................................................... 67 124.0 PRESERVATION OF PLACES ........................................................................................... 68 125.0 OUT BREAK OF INFECTIOUS DISEASES ....................................................................... 68 126.0 USE OF INTOXICANTS ...................................................................................................... 68

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SUBMISSION OF TENDER

From: M/S To: Subject: Tender in response to ……………………………………… …………………………………………………………………… Dear Sirs, We hereby submit our offer in full compliance with the terms and conditions of the attached tender. Earnest money Deposit in the form of a ………………………………for an amount of RS……………………..Valid upto ……………………………………………………is enclosed. Yours truly, Signature of Tenderer Full name of the person Signing the Tender Title and capacity of the person

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CERTIFICATE AS TO CORPORATE PRINCIPAL

I…………………………………………….Certify that I am ……………………………………..Secretary of the corporation organized under the laws of……………………………………….and that…………… ………………………….who signed the above tender is authorized to bind the corporation company/firm by authority of its governing body /Board of Directors, etc.

…………..……………………………………

Secretary. /M.D/Director/G.M.

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SECTION -1

GENERAL CONDITIONS OF CONTRACT 1.0 DEFINITION OF TERMS:

In the contract documents as herein defined where the context so admits, the following words and expressions will have the following meanings:

(1) “The Owner” means the Numaligarh Refinery Limited company within the companies act 1956

having its registered office at Tarun Nagar, 4th Road, Guwahati-781005, Assam.

(2) The “Contractor” means the person or persons, firm or company or corporation whose tender has been accepted by the Owner and includes the Contractor’s legal representatives, his successors and permitted assigns.

(3) The “Managing Director” shall mean the Managing Director of the Numaligarh Refinery Limited (NRL) or his successor in office as designated by the Owner.

(4) The “Chief Engineer” shall mean the General Manager (project)/ Executive Director (proj.), Numaligarh Refinery Limited, or his successor in office or his authorized Project Nominee.

(5) The “Engineer-in-charge” shall mean the person designated as such by the owner and shall include those who are expressly authorized by him to act for an on his behalf of operation of this contract.

(6) The “Work” shall mean the works to be executed in accordance with contract or part there of as the case may be and shall include all extra, additional, altered or substituted works as required for purpose of the contract.

(7) The “Permanent Work” means and includes works which will be incorporated in and form a part of the work to be handed over to the owner by the contractor on completion of the contract.

(8) “Construction Equipment” means all appliances/equipment and things what so ever nature for the use in or for the execution, completion, operation or maintenance of the work or temporary works (as here-in- after defined) but does not include materials or other things intended to form or to be incorporated in to the work, or camping facilities.

(9) “Site” shall mean the lands and other places on, under, in or through which the permanent works are to be carried out and any other lands or places provided by the owner for the purpose of the contract.

(10) “Contract Documents” means collectively the tender documents, Designs, Drawings, Specification, schedule of quantities and Rates, Letter of Acceptance and agreed variations if any and such other documents constituting the tender and acceptance thereof.

(11) The “Contract” shall mean the agreement between the owner and the contractor for the execution of the works including there in all Contract documents.

(12) “CONSULTANT” shall means the Consulting Engineers to the OWNER engaged for a particular project/service.

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(13) “Manager to project/project Manager/project co-ordinator”shall mean manager in charge of this project designated by CONSULTANT or his successor or his authorized nominee.

(14) The “Sub contractor” means any person or firm or company (other than the contractor) to whom any part of the work has been entrusted by the contractor, with prior written consent of the engineer-in-Charge, and the legal personal representatives, successors and permitted assigns of such person, firm or company.

(15) The “Specification” Shall mean all directions. Provisions the various technical specification, attached and referred to the tender documents which pertain to the method and manner of performing the work or works to the quantities and qualities of the work or works and the materials to be furnished under the contract for the work or works, as may be exemplified or modified by the owner or Engineer-in-charge during the performance of contract in order to provide for the unforeseen conditions or in the best interests of the work or worksheet shall also include the edition of relevant Indian standard specifications including all addenda / corrigenda published before entering into contract .

(16) The “Drawings” shall include maps, plans and tracings or prints or sketches thereof with any modifications approved in writing by the engineer-in-charge and such other drawing as may, from time to time.be furnished or approved in writing by the engineer-in-charge.

(17) The “Tender” means the proposal along with supporting documents submitted by the contractor for consideration by the owner.

(18) The “Alternation order”means an order given in writing by the engineer-in-charge to effect additions to or deletions from and alternation in the works.

(19) “Virtual completion” means completion of all important/essential works pending certain small value works kept inabeyance by the owner to achieve required co-ordinate completion with other inter linked unavoidable activities.

(20) The “Completion certificate” shall mean the certificate to be issued by the engineer-in –charge when the works have been completed in accordance of CONTRACT DOCUMENT to his satisfaction. Completion certificate shall include completion of works with respect to virtual completion subject to owner’s decision to declare virtual completion with agreed time.

(21) The “Final Certificate” in relation to a work means the certificate regarding the satisfactory compliance of various provisions of the contract by the contractor issued by the engineer-in-charge / owner after the period of liability is over.

(22) The “PEROID OF LIABILITY” in relation to a work means the specified period from the date of COMPLETION CERTIFICATE up to the date of issue of FINAL CERTIFICATE during which the contractor stands responsible for rectifying all defects that may appear in the works executed by the contractor in pursuance of the contract and includes workmanship defect, warranties against Manufacturing/Fabrication defects covering all materials, plants, equipment’s, components and the like supplied by the contractor.

(23) The “APPOINTING AUTHORITY” for the purpose of arbitration shall be the managing director or any other person so designated by the owner.

(24) “Temporary Works” shall mean all temporary works of every kind required in or about the execution, completion or maintenance of works.

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(25) “Plans” shall mean all maps, sketches and layouts as are incorporated in the contract in order to define broadly the scope and the specification of the work or works, and all reproductions thereof.

(26) “Notice in writing or written notice” shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise provide to have been received by the addressee) by registered post to the latest known private or business address or registered office of the addressee and shall to deemed to have been received in the ordinary course of post it would have been delivered.

(27) “Approved” shall mean approved in writing including subsequent written confirmation of previous verbal approval and “Approval” means approval in writing including as aforesaid.

(28) “Telex/Letter of Intent” shall mean an intimation by a Telex /letter to Tendered (s) that the tender has been accepted in accordance with the provisions contained in the letter.

(29) “Day” means a day of 24 hours from midnight to midnight irrespective of the number of hours worked in that day.

(30) “Working Day” means any day other than declared to be holiday or rest day by the owner.

(31) “Week” means a period of any consecutive seven days.

(32) “Metric system” all technical documents regarding the construction of works are given in the metric system and all work in the project should be carried out according to the metric system. All documents concerning the work shall also be maintained in the metric system.

(33) “Value of contract” means the sum accepted or the sum calculated in accordance with the prices accepted in tender and/or the contract rates as payable to the contractor for the entire execution and the full completion of the work.

(34) “Language for Drawings and instruction” all the drawings, titles, notes, instruction, dimension, etc. shall be in English language.

(35) “Mobilization” shall mean establishment of sufficiently adequate infrastructure by the contractor at “site” comprising of construction equipment, aids, tools tackles including setting of site offices at facilities such as power, water, communication etc. Establishing manpower organization comprising of resident Engineers, Supervising personal and adequate strength of skilled, semi-skilled an UN-skilled workers, who with the so established infrastructure shall be in a position to commence execution of work at site (s) , in accordance with the agreed time schedule of completion of work . Mobilization has been considered to have been unachieved, if the contractor is able to establish infrastructure as indicated above to begin work at all site (S)/ location as per the time, schedule, where so warranted in accordance with agreed schedule of work implementation to the satisfaction of engineer-in –charge/owner.

(36) “Commissioning” shall mean putting into service .of the system including the plant (s) equipment (s) , vessel (s), pipeline, machinery (is), or any other section or sub section of installation (S) per training to the work of the contractor after successful testing and trial runs of the same.

“Commissioning” can be either for a completed system or a part of system of a combination of system or sub system and can be perform in any sequence as desired by owner and in a manner established to be made suited according to availability of prerequisites. Any such readjustments made by owner in performance of commissioning activity will not be constructed to be violating contract provisions and contractor shall be deemed have provided for the same.

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Section –II 2.0 GENERAL INFORMATION: 2.1 (a) location of site :

The proposed location of project site is defined in the special condition of the contract.

(b) Access by Road :

Contractor if necessary if build other temporary access road to the actual site of construction for

his own work at his owns cost. The contractor shall be required to permit the use of the roads so constructed by him for vehicle of any other parties who may be engaged on the project site. The contractor shall also facilitate construction of the permanent roads should the construction there of start while he is engaged on this work. He shall make due allowance in this tender for any inconvenience he anticipate on such account.

Non availability of access roads and railway siding the use of the contractor shall in no case

condone any delay in the execution of works nor be the cause for any claims for compensation against the owner.

2.2 Scope of work:

The scope of work is defined in the special condition of contract and specification. The contractor shall provide all necessary materials, equipment, labour etc. For the execution and maintenance of the work till completion unless otherwise mentioned in this tender documents. All materials that go with the work shall be approved by Engineer-in-Charge prior to procurement and use.

2.3 Water supply: Contractor will have to make his own arrangements for supply of water to his labour camps and for works. All pumping installation, pipe net wok and distribution system will have to be Carried by the contractor at his own cost.

Alternatively the owner his direction may endeavor to provide water to the contractor at the owner’s source of supply provided the contractor make his own arrangement For piping net work and arrangement from source of supply and distribution pipe net Work shall have the prior approval of the Engineer-In-Charge, so as not to interfere with the Layout and progress of the other construction works. In such case, the rate for water shall be Rs.2.99 per kilo litre which will be deducted from the running account bills.

However, the owner doesn’t guarantee the supply of water and this does not relieve the contractor of his responsibility in making his own arrangement and for the timely completion of the Various works as stipulated.

2.4 POWER SUPPLY: 2.4.1 Owner will supply power at 400/440v subject to availability, at the nearest sub-station from where the

contractor will make his own arrangements for temporary distribution. All the works will be done as per IEA regulations and passed by the Engineer-In-Charge. The temporary lines will be removed forthwith after the completion of the work or if there is any hindrance cause to the other work due to the alignment of these lines, the contractor will reroute or remove the temporary lines at his own cost. The contractor at his cost will also provide suitable electric meters (duly tested by state electricity board),

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fuses, switches, etc., for purposes of payment to the owner which should be in the custody and control of the owner. The cost of power supply shall be payable to the owner every month at Rs.2.53 (rupees two and paise fifty-three only) per kWh, which would be deducted from the running accounts bills. The owner shall not, however, guarantee the supply of electricity and no compensation for failure or short supply of electricity will be entertained.

2.4.2 It shall be the responsibility of the contractor to provide and maintain the complete installation of the

load side of the supply with due regard to safety and proper circuit protection requirement at site. All cabling, equipment, installations etc. shall comply in all respects with the latest statutory requirement and safety provisions i.e. as per the Central/State electricity acts and rules etc. The contractor will ensure that his equipment and electrical wiring etc. are installed and modified, maintained by a licensed Electrical/Supervisor. A test certificate to be produced to Engineer-in-charge for this approval, before power is made available. Non adhere of safety code shall render the contractor to be penalized as deemed fit by Engineer-In-Charge.

2.4.3 At all times IEA regulation shall be followed failing which the owner has a right to disconnect the

power supply without any reference to the contractor. No claim shall be entertained for such disconnection by the Engineer-In-Charge. Power supply will be reconnected only after production of fresh certificate from the authorized electrical supervisors.

2.4.4 The owner is not liable for any loss or damage to the contractor’s equipment as a result of variation of

voltage or frequency or interruption in power supply or other loss to the contractor arising there from. 2.4.5 The contractor shall ensure that the electrical equipment installed by him are such that average power

factor does not fall bellow 0.90 in any month, he will reimburse to the Owner for all units consumed during the month. (On account of low P.F.I)

2.4.6 The power supply required for contractors colony near the plant site will be determined by the owner

and shall be as per State electricity Board, Rules and other statuary provisions applicable for such installation from time to time. In case of power supply to contractors colony, the power will be made single point and the contractor shall make his own arrangement at his own cost for distribution to the occupants of the colony as per electricity Rules and acts. The site area and the colony shall] be sufficiently illuminated to avoid accidents.

2.4.7 The contractor will have to provide and install his own light and power meters duly tested by the State

electricity Board which will be governed as per Central/State Government Electricity rules. The owner shall seal the meters.

2.4.8 In case of damage of any of the Owner’s equipment on account of fault, intentional or unintentional on

the part of the contractor, the Owner reveres the right to recover the cost of such damage from the contractor’s bill. Cost of HRC Fuses replace at the Owner’s terminals due to any fault in the contractor’s installation shall be to contractor’s account at the rates decided by the Engineer-in-charge. Ratings of fuses to be provided/use by the contractor shall not be more than the rating approved by owner.

2.4.9 Only motors up to 3 HP will be allowed be started direct on line. For motors above 3 HP and upto 100 hp a suitable Starting devices approved by the Engineer-in-Charge shall be provided by the Contractor. For motors above 100 HP slip ring induction motors with suitable with suitable starting devices as approved by the Engineer-in-Charge shall be provided by the contractor.

2.4.10 The contractor shall ensure at his cost that all-electric lines and equipment and all installation are

approved by the state electricity Inspector before power can be supplied by the owner.

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2.4.11 The total requirement of power with equipment wise breakup shall be indicated by the tenderer along with his tender.

2.5 LAND FOR CONTRACTOR’S FIELD OFFICE, GODOWN AND WORKSHOP:

The Owner will at his own discretion and convenience and for the duration of the execution of the work make available near the site, land for construction of contractor’s Field office, godown workshop and assembly yard required for the execution of the Contract. The contractor shall at his own cost construct all these temporary buildings and provide suitable water supply and sanitary arrangement approved by the Engineer-in-Charge.

On completion of the works or on getting notice from the owner which ever is earlier, the contractor shall remove all temporary works, structures erected by him and have the SITE cleaned as directed by the Engineer-In-Charge .If the Contractor shall fail to comply with this requirement, the Engineer-in-Charge may at the expense of the contractor remove such surplus, and rubbish materials and dispose off the same as he deems it and get the site cleared as a foresail , and contractor shall forthwith pay the amount of all expenses so incurred and shall have no claim in respect of any such surplus materials disposed off as aforesaid. The owner reserve the right to ask the contractor any time during the tendency of the contract to vacate the land by giving 7 days notice on security reasons or on national interest or otherwise. A token licenses of fee of Rs.100/- per hectare or part or thereof per annum shall be charge for the land so occupied. If the contractor fails to clear/vacate the site and clean the debris the same shall be done by the Engineer-in-charge engaging and agency an the cost incurred for doing so shall be recovered from bill/S.D or any other works.

2.5.1 PUTTING UP BUILDINGS ON PROJECT SITE:

The contractor shall put up temporary structures as required by them for their office, fabrication shop and construction stores only in the area allocated to them on the project site by the owner or his authorised representative. No tea stalls/canteen’s should be put up or allowed to be put up by any contractor in the allotted land complex area without prior written permission of the owner.

No un authorized buildings, construction or structure s should be put up by the contractor any where on the project site. For uninterrupted fabrication of the work, Contractor, shall put up temporary covered structures at his cost within area (12M&50M or as considered necessary) in the location allocated to them in the project site by the owner or his authorized representatives, but after written approval from the owner.

2.6 LAND FOR RESIDENTIAL ACCOMMODATION: Land on temporary basis for residential accommodation for stuff and labour will be made available at the direction of the Engineer-in-Charge and rent for the same will be as decided by the Engineer-in-Charge according to the location and area taken by the Contractor.

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SECTION-III

GENERAL INSTRUCTIONS TO TENDERERS

3.0 SUBMISSION OF TENDER:

3.1 Tenders must be submitted without making any additions, alterations, and as per details given in other

clauses here under. The requisite details shall be filled in by the contractor in page 1 of tender Document. The rates shall be filled in the schedule given in this tender document.

3.2 Addenda/Corrigenda to tender document, if issued, must be signed and submitted along with the tender

document. The tenderer should write clearly the revised quantities in the schedule of rates of tender document and should price the work based on revised quantities when amendments of quantities are issued in addenda.

3.3 Covering letter along with its enclosures accompanying the tender document and all further correspondence shall be submitted in Qua-druplicate (FOUR COPIES).

3.4 Tenderers are advised to submit quotations based strictly on the terms and conditions and specifications contained in the tender documents and not to stipulate any deviations.

3.5 Tenders should always be placed in double scaled covers, superscribing Tender for Numaligarh Refinery Limited (NRL) project, Tender Notice No. due for opening on…………………….The full name, address, and telegraphic address of the Tenderers shall be written on the bottom left hand corner of the sealed cover.

4.0 DOCUMENTS: 4.1 General:

The tenders as submitted, will consist of the following:

(i) Complete set of tender documents (Original) as duly filled in and signed by the tenderer as prescribed by in different clause of the tender document.

(ii) Earnest money in the manner specified in clause 6 hereof.

(iii) Power of attorney or a true copy thereof duly attested by a Gazetted officer in case an

authorized representative has signed the tender, as required by the clause 4.5 hereof.

(iv) Income tax clearance certificates (ITCC) and sales tax clearance certificate in original or true copies duly attested by Gazetted Officer in the Performa prescribe by the govt. of India should accompany the tender. The ITCC should be in the name of the firm/individual quoting for the work .In the absence of ITCC tenderer may not be awarded the worked tendered for, in light of central government directive/instructions.

(v) Information regarding Tenderers in the Performa enclosed.

(vi) Details of work of similar type and magnitude carried out by the tenderer in the Performa given at the end of this book let.

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(vii) Organization chart giving details of field management at site the tenderer proposes to have for this job.

(viii) Details of construction plant and equipment’s available with the tenderer for using in this working the Performa enclosed under the head “Information regarding equipment’s which the tenderer proposes to use for this work.”

(ix) Solvency certificate from schedule bank to prove the financial ability to carry out the work tendered for.

(x) Latest balance sheet and profit and loss account duly audited.

(xi) Details of present commitment as per Performa enclosed to tender document

(xii) Data required regarding sub contractor(s) /Suppliers/Manufacturers and other technical information’s the tenderer wish to furnish

(xiii) List showing all enclosures to tender.

4.2 ALL PAGES ARE TO BE INITIALLED:

All signature in tender document shall be dated as well as all the pages of all section of tender document shall be initialed at the lower right hand corner and signed wherever required in the tender papers by the tenderer or by a person holding power of attorney authorizing him to sign on behalf of the tenderer before submission of tender.

4.3 RATES TO BE IN FIGURES AND WORDS:

The tenderer should quote in English in both in figures as well as in words the rates and amounts tendered by him for; each item in .the schedule of rates in such a way that interpolation/Extrapolation is not possible. The amount for each item should be worked out and entered requisite total given of all items, both in figures and in words. The tendered amount for the work shall be entered in the tender and duly signed by the Tenderer. If some discrepancies are found between the RATES in FIGURES and WORDS or the AMOUNT shown in the tender, the following procedure shall be followed: (a) When there is difference between the rates in the figures of words, the rates which corre sponds

to amount worked out by the tenderer shall be taken as correct. (b) When the rate quoted by the tenderer in figures and words tally but the amount is in correct the

rate quoted by the tenderer shall be taken as correct.

(c) When it is not possible to ascertain the correct rate by either of above method, the rate quoted in words shall be taken as correct. (Or the lowest of the rates written in figure and words.)

4.4 CORRECTIONS AND ERASURES:

All corrections and alterations in the entries of the tender paper shall signed in fully by the tenderer with date. No erasures or over writing are permissible.

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4.5 SIGNATURE OF TENDERER: 4.5.1 The tenderer shall contain the name, residence and place of business of person or persons making the

tender and shall be singed by the TENDERER with his usual signature. PATNERSHIP firms shall furnish the full names of all partners of the tender. It should be signed in the partnership’s name by all the partners or by duly authorized representative followed by the name and designation of the person signing. Tender by a corporation shall be signed by an authorized representative and a power of Attorney in that behalf shall accompany the tender . A copy of constitution of the firm with names of all partners shall be furnished.

4.6 WITNESS:

Witness and sureties shall be persons of status and property and their names, occupation and address shall be stated bellow their signature.

4.7 DETAILS OF EXPERIENCE:

The tenderer should enclose the documents and furnished details as per Performa enclosed to show that he has previous experience in having successfully completed in recent past work of this nature, together with the names of owners location of sites. Value of contract date of commencement and completion of works, delays if any reason of delay an other details along with documentary evidences The information so provided if found partly or fully false shall render the tender of such Contractor liable to be rejected.

5.0 TRANSFER OF TENDER DOCUMENTS: Transfer of tender documents purchased by one intending tenderer to another is not permissible.

6.0 EARNEST MONEY:

6.1 The tenderer must pay earnest money as given in the notice inviting tenders and attach the official

receipt with the tender failing which the tender is liable to be rejected. The earnest money can be paid in Call Deposit Receipt (CDR), Demand Draft or Bank Guarantee of state Bank of India or any schedule “A” Nationalized Bank in favor of Numaligarh Refinery Limited (NRL), Guwahati. The Bank guarantee to be furnished in lieu of Earnest money shall be kept valid for a period of “SIX MONTHS”from the date of opening of tender.

6.2 The Bank Guarantee so furnished by the tenderer shall be in the proforma prescribe owner. No interest shall be paid by the owner on the earnest money deposited by the tenderer. The earnest money of the unsuccessful tenderer will be refunded within a reasonable period of time.

6.3 The earnest money deposited by successful tenderer will be retained towards the security deposited for the fulfillment of the contract, but shall be forfeited if the tenderer fails to deposit the requisite initial security deposit as per clause 10 hereof and /or fails to start work within a period of 21 days or fails to execute the agreement within 10 days of the receipt by him of the notification of acceptance of tender.

7.0 VALIDITY:

Tender Submitted by Tenderers shall remain valid for acceptance for a period of six months from the date of opening of the tender. The tenderers shall not be entitled during the said period of six months, without the consent in writing of the Owner, to revoke or cancel his tenderer to vary the tender given or any term thereof. In case of tenderer revoking or canceling his tender or varying any term in regard thereof without the consent of Owner in writing, the owner shall forfeit the earnest money paid by him alongwith tender.

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8.0 ADDENDA/CORRIGENDA: 8.1 Addenda/Corrigenda to the tender documents may be issued prior to the date of opening of the tenders

to clarify documents or to reflect modification in design or contract terms.

8.2 Each addendum/corrigendum issued by the project manager will be distributed in duplicate to each person or organization to whom a set of tender documents has been issued. Each recipient will retain one copy of each addendum/corrigendum for submission along with his tender and return one signed copy to Engineer-in-Charge as acknowledgement of receipt of the same. All addenda/corrigenda issued by project manager shall become of part of tender documents.

9.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER: 9.1 The right to accept the tender will rest with the owner. The owner however does not bind himself to

accept the lowest tender and reverses to itself, the authority to reject any or all the tender received without assigning any reason whatsoever. The whole work may be split up between more than one contractors or accepted in part (not entirely) if considered expedient. Quoted rates should hold good for such eventualities.

9.2 Tenders in which any of particulars and prescribe information are missing or are incomplete in respect and/or the prescribed conditions are not fulfilled are liable to be rejected.

9.3 Canvassing in connection with tender is strictly prohibited and tender submitted by the Tenderer who resorts to canvassing will be liable to rejection. Tender containing uncalled for remarks or any additional conditions are liable to be rejected.

10.0 SECURITY DEOPOSIT:

The person/ persons whose tender may be accepted (here after called the contractor) shall within 10 days of the receipt by him of the notification of the acceptance of the tender, shall remit/deposit the initial security deposit of 2.5% of the accepted value of the tender to Numaligarh Refinery Limited.

11.0 TIME SCHEDULE: 11.1 The work shall be executed strictly as per the time schedule given in appendix-I in tender document.

Period of construction given in time schedule includes the time required for mobilization as well as testing, rectification if any, re testing and completion in all respect to the entire satisfaction of Engineer-in-Charge.

11.2 A joint programmes of execution of the work will be prepared by the Engineer-in -Charge and Contractor based on priority requirements of the project. This programme will take into account the time for completion in 11.1 and the time allowed for the priority works by the Engineer-In-Charge.

11.3 Monthly/Weekly programmes will drawn up by the Engineer-in-Charge jointly with the contractor based on availability of work fronts and the joint construction program as per 11.2 above. The contractor shall scrupulously adhere to these targets/programmes by deploying adequate personal, construction tools and tackles and he shall also supply himself all materials of his scope of supply on good time to achieve the target programmes. In all matters concerning the extent of target setout in the weekly and monthly programmes and the degree of achievement, the decision of the Engineer-in-Charge will be final and binding on the contractor.

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12.0 COLLECTION OF DATA TENDERER’S RESPONSIBILITY:

The tenderer shall visit the site and acquaint himself fully of the site and no claim whatsoever will be entertained on the plea of ignorance or difficulties involved in execution of work or carriage of materials.

13.0 RETIRED GOVERNMENT OR OWNERS OFFICERS:

No Engineer of Gazetted rank or other gazetted officer, employed in Engineering or Administrative duties in an Engineering department of the State/Central Government or of the owner is allowed to work as a contractor for a period of two years after his retirement or resigning from government service, or from the employment of the owner without the previous permission of the owner. The contract, if awarded, is liable to be cancelled if either the contractor any of his employees found at any time to be such a person, who had not obtain the permission of the State/Central Government or of the owner as aforesaid before submission off tender, or engagement in the contractors service as the case may be.

14.0 SIGNING OF CONTRACT AGREEMENT:

The successful tenderer shall be required to execute an agreement in the proforma attached with tender document within 10 days of the receipt by him of the notification of acceptance of tender. In the event of failure on the part of the successful tenderer to signed the agreement within the above stipulated period the earnest money or his initial deposit will be forfeited and the acceptance of the tender shall considered as cancelled.

15.0 FIELD MANAGEMENT BY ENGINEER-IN-CHARGE: 15.1 The field management will be the responsibility of the Engineer-In-Charge, who will be nominated by

the owner. The Engineer-In-Charge may also authorized his representative to perform his duties and functions.

15.2 Clause 76 of the general conditions of contract shall be referred to in his connection.

15.3 The Engineer-In-Charge shall coordinate the works of various agencies engaged at site to ensure minimum disruption of work carried out by different agencies. It shall be the responsibility of the contractor to plan and execute the work strictly in accordance with site instruction to avoid hindrance to the work being executed by other agencies.

16.0 NOTE TO SCHEDULE OF RATES: 16.1 The schedule of rates should be read in conjunction with all the other sections of the tender.

16.2 The tenderer shall be deemed to have studied the drawings, Specification and details of work to be done

within time schedule and to aquatinted himself of the conditions prevailing at site.

16.3 Rates must be filled in the copies of pages of schedule of rates of original tender documents. . If quoted in separate typed sheet no variation in item description or specification shall be accepted. Any exception taken by the tenderer to the schedule of rates shall be brought out in the terms and condition of offer, but it does not guarantee acceptance of the same by the owner.

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16.4 The quantities shown against the various items are only approximate. Any increase or decrease in the quantities shall not from the basis of alteration of the rates quoted and accepted. However any likely increase in quantity of any items should be brought to the notice of Engineer-In-Charge well in advance prior to execution.

16.5 The Owner reserves the right to interpolate the rate for such items of work falling between similar items of lower and higher magnitude.

17.0 POLICY OF TENDERS UNDER CONSIDERATION: 17.1 Only those tenders which are complete in all respects and are strictly in accordance with the terms

conditions and Technical specifications of tender document, shall be considered for evaluation. Such tenders shall be deemed to be under consideration immediately after opening of tender and until such time of an official intimation of acceptance/rejection of tender s made by owner to the tenderer.

17.2 Owner/CONSULTANT if necessary, will obtain clarifications on the tender by requesting for such

information clarifications from any or all tenderers either in writing or through other means of communication as may be necessary, and the tenderers are advise to refrain from contracting by any means owner/CONSULTANT and or their employees(s)/representatives (S) of their own, on matters related to tenders under consideration. Tenderers will not be permitted to change the substance of the tenders after opening of tenders.

18.0 AWARD OF CONTRACT: 18.1 The acceptance of tender will be intimated to the successful tenderer by Owner either by

Talax/Telegram/Fax or by letter or likes means defined as LETTER OF ACCEPTANCE OF TENDER. 18.2 OWNER/CONSULTANT will be the sole judge in the matter of award of contract and the decision of

OWNER shall be final and binding, however subject to fulfillment of clause 17.0 above and other relevant requirements of contract documents, works shall be awarded to the techno-commercially accepted lowest tenderer provided accepted rates are within reasonable variation with approved estimated rates/amount and work able.

19.0 CLARIFICATION OF TENDER DOCUMENT: 19.1 The tenderer is required to carefully examine the technical Specifications, condition of contract,

Drawing and other details relating to work and given in tender document and fully inform himself as to all condition and matters which may in any way affect the work or the cost thereof In case the tenderer is in doubt about the completeness or correctness of any of the contents of the tender document, he should request in writing for an interpretation/clarification to OWNER/CONSULTANT in triplicate, OWNER/CONSULTANT will than issue interpretation/clarification to Tenderer in writing. Such clarifications and or interpretations shall from part of the specification and Documents and shall accompany the tender which shall be submitted by tenderer within time and date as specified in invitations to tender.

19.2 Verbal clarification and information given by OWNER/CONSULTANT or its employee(s) or its

representatives shall not in any way be binding on owner. 20.0 LOCAL CONDITIONS: 20.1 It will be imperative on such tenderer to inform himself of local conditions and factors which may have

any effect on the execution of WORK covered under the tender document. In their own interest, the tenderer are requested to familiarizes themselves with the Indian Income Tax Act 1961, Indian Companies Act 1956. Indian Custom Act 1962 and other related acts and laws and regulations of Indian

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including provident fund; Act, Indian disputes act, contract labour Act and such like legislation & rules with their such latest amendments, as applicable. Owner shall not entertain any request for clarifications from the tenderer regarding such local conditions.

20.2 It must be understood and agreed that such factors have properly been investigated and considered

while submitting the tender. No claim for financial or any other adjustments due to lake of clarifications of such factors shall be entertained.

21.0 ABNORMAL RATES: 21.1 The tenderer are expected to quote rate for each item after careful analysis of coast involved for the

performance of the completed item considering all specifications and condition of contract. This will avoid loss of profit or gain in case of curtailment or change of specification for any item. In case it is noticed that the rates quoted by the tender for any item or unusually high or unusually low, it will be sufficient cause for rejection of the tender unless the owner is convinced about the reasonableness after security of the analysis for such rates to be furnished by the tenderer (on demand).

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SECTION-IV

GENERAL OBLIGATIONS 22.0 INTERPRETATION OF CONTRACT DOCUMENTS: 22.1 GENERAL

Except for and to the extent otherwise provided by the contract, the provisions of the general condition of contract and special conditions shall prevail over those of any other documents forming part of contract. Several documents forming the contract are to be taken as mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract documents. The matter may be refereed to Engineer-In-Charge who shall give his decisions and issue to the contractor instructions directing in what manner the work is to be carried out. The decision of Engineer-In-Charge shall be final and conclusive and the contractor shall carry out work in accordance with this decision.

Works shown in the drawing but not mentioned in the specifications or describe in the specifications without being shown in the drawing shall nevertheless be deemed to be included in the same manner as if they had been shown on the drawings and describe in the specifications.

22.2 HEADINGS AND MARGINAL NOTES:

All headings and marginal notes to the clauses of these general conditions of contract or to the specification or to any other tender documents are solely for the purpose of giving a concise indication or not a summary of the contents thereof and they shall never be deemed to be part thereof or to be used in the interpretation or construction of the contract.

22.3 SINGULR AND PLURAL:

In contract documents unless otherwise stated specifically, the singular shall include the plural and vice versa wherever the context so requires. Works implying “person” shall include relevant Corporate Companies/Registered Association/ Body of individuals/Firm of partnership.

23.0 SPECIAL CONDITIONS 0F CONTRACT: 23.1 Special condition of contract shall be read in conjunction with the general conditions of contract,

specification of work, Drawings and any other documents forming part of this contract wherever the contract so requires.

23.2 Notwithstanding the sub-division of the document in to these separate section and volumes every part

of the document shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the contract so far as it may be practicable to do so.

23.3 Where any portion of the general condition of contract is repugnant to or at variance with any provision

of the special conditions of contract then, unless a different intention appears the provisions of the special conditions of contract shall be deemed to over ride the provisions of the general conditions of contract and shall to the extents of such repugnancy, or variations, prevail.

23.4 Wherever it is mention in the specification that the contractor shall perform certain work or provide

certain facilities, it is understood the contractor shall do so at his cost.

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23.5 The materials design and workmanship shall satisfy the relevant Indian standards, the job specifications contained herein and codes referred to. Where the job specifications stipulates requirements in addition to those contained in the standard code and specifications, these additional requirements shall also be satisfied.

24.0 CONTRACTOR TO OBTAIN HIS OWN INFORMATION

The contractor in fixing his prices, shall for all purposes whatsoever, shall be deemed to have himself independently obtain all necessary information for the purpose of preparing his tender and his tender as accepted shall be deemed to have taken into account all contingencies as may arise due to such information or lake of same. The correctness of the details given in the tenderer document, to help the contractor to make up the tender is not guaranteed. The contractor shall be deemed to have examined in the contract documents, to have generally obtain his own information in all matters whatsoever that might affect the carrying out of the works at the scheduled rates and have satisfied himself as to the sufficiency of his tender. Any error in description of quantity or omission there from shall not vitiate the contract or release the contractor from the executing the work comprised in the contract according to drawings and specification at the schedule rates. His deemed to have known the scope, nature and magnitude of the works and the requirements of materials and labour involved etc., and as to what all works he has to completed in accordance in the contract document whatever the defects, omissions or error that may be found in contract documents. The contractor shall be deemed to have visited surroundings, to have satisfied himself as to the nature of all existing structures, if any and also as to the nature and the condition of the railways, Roads, Bridges and culverts, means of transport and communication, whether by land , water or air and as to possible interruptions there to and the access and egress from the site, to have made enquiries, examined and satisfied himself as to the site for obtaining sand stones, bricks and other materials, the site for disposal for surplus materials, the available accommodation as to whether required, depots and such other buildings as may be necessary for executing and completing the works, to have made local independent enquiries as to the sub-soil, sub-soil water and variations thereof, storms, prevailing winds, climatic conditions and all other similar matters affecting these works. He is deemed to have aquatinted himself as to his liability for payment of government Taxes, Custom duties and other charges, levies etc. Any neglect or omission or failure on the part of the contractor in obtaining necessary and reliable information upon the forgoing or any other matter affecting the contract shall not relieve him from any risks or liabilities or entire responsibility from the completion of the works at the schedule rates and times in strict accordance with the contract. It is therefore, expected that should the contractor has any doubt as to the meaning of any portion of the contract DOCUMENT he shall set forth the particulars thereof in writing the owner in duplicate, before signing the contract. The owner will provide such clarification as may be necessary in writing the contractor, such clarification as provide by owner shall from part of contract documents. No verbal agreement or interference from conversion with any employee of the owner either before, during or after the execution of the contract agreement shall in any way affect or modify any of the terms or obligations herein contained. Any change layout due to side condition or technological requirement shall be binding on the contractor and no extra claim. On this account shall be entertained.

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25.0 SECURITY DEPOSIT:

25.1 A sum of 10% of the accepted value of the tender or the actual value of work done whichever is applicable due to any additional work or any other reasons shall be deposited by the person/ persons (herein after called the contractor) as security deposit with the owner. This may be deposited initially at two and one half percent (2-1/2 %) of the value of contract (referred as initial security deposit) within 10 days of receipt by him of the notification of acceptance of tender and the balance seven and one half percent (7-1/2%) will be recovered in installments through deduction at the rate of ten percent of the value of each running account bill till the total security deposit amount 10% of value of contract /actual value of work done is collected, after which no further deductions from bills will be made on this account , subject to Clause 25.3 below.

The earnest money deposited with the tender shall be adjusted towards security deposit, provided it is furnished in case or demand draft only. Alternatively the contractor may, at his option, deposit the full amount of 10% of the accepted value of the tender towards the security deposit within 10 days of receipt by him of the notification of acceptance of tender.

25.2 Contractor can furnish the initial or total security deposit amount (a) in case or (b) Government security

or fixed deposit receipt of any schedule “A” Bank of duly endorsed in favour of NRL or (c) through the Bank of guarantee from any schedule “A” Bank in the form prescribed but in favour of NRL Transfer of Government securities should be endorsed by the public debt office of the Reserve Bank of India and enfaced for payment at a treasury office nearest to the place of work. Security deposit, if paid recovered in cash, may be latter on converted at the request of the contractor to either interest bearing Government securities or F.D.R of a schedule “A” Bank duly endorsed in favour of NRL and hypothecated with the owner or may be converted to a Bank guarantee as stated above only after recovery of full 10% security deposit.

25.3 If the contractor /sub contractor or their employees shall damage,break deface or destroy any property

belonging to the owner or others during the execution of the contract, the same shall be made good by the contractor at his own expense and in default therof, the Engineer-In-Charge may cause the same to be made good by other agencies and recover expenses from the contractor (for which the certificate of the Engineer-In-Charge shall be final).

25.4 All compensation or other sums of money payable by the contractor to the owner under terms of this

contract may be deducted from or paid by the encashement or sale of a sufficient part of his security deposit or from any sums which may be due or may become due to the contractor by the owner on any account whatsoever and in the event of his security deposit being reduced by reasons of any such deductions or a sale of said, the aforesaid contractor shall within ten days thereafter make good in cash or Bank drafts or Government Securities endorsed, as aforesaid any sum or sums which may have been deducted from or realized by sale of his security deposit, or any part thereof. No interest shall be payable by the owner for sum deposited as security deposit.

26.0 TIME FOR PERFORMANCE: 26.1 TIME FOR MOBILISATION:

The work covered by this contract shall be commenced within twenty-one days after the receipt of the LETTER OF ACCEPTANCE OF TENDER and the completed in stage or on or before the dates as mentioned in the time schedule of completion of work. The contractor should bear in mined that time is the essence of this agreement. Request for revision of time schedule after tenders are opened will not receive consideration. The above period of twenty-one days is included within the overall completion schedule, not over and above the completion time to any additional work or any other reasons.

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26.2 TIME SCHEDULE OF CONSTRUCTION: 26.2.1 The general time schedule of construction is given in the tender document. Contractor should prepare a

detailed weekly or monthly or weekly programmed jointly with the Engineer-In-Charge within one month of receipt of LETTER OF INTENT or ACCEPTANCE of tender. The work shall be executed strictly as per the time schedule given in the contract document which required includes the time required for mobilization, testing, rectification’s if any, retesting and completion in all respects in accordance with Contract document to the entire satisfaction of the Engineer-In-Charge.

26.2.2 The contractor shall submit a detail PERT net work within the time frame agreed above consisting of

adequate number of activities covering various key phases of the work such as design, procurement, manufacturing, shipment and field erection activities within 15 days from the of LETTER OF ACCEPTANCE OF TENDER. This network shall indicate the interface facilities to be provided by the owner and the dates by which such facilities are needed.

26.2.3 Contractor shall discuss the network so submitted with the owner and the agreed net work which may

be in the form as submitted with the owner or in revised form in line with the out come of discussions shall form part of the contract, to be signed within thirty (30) days from the date of LETTER OF ACCEPTANCE OF TENDER. During the performance of the contract, if in the opinion of the owner proper progress is not maintained suitable change shall be made in the contractors operation to ensure proper progress. If however owner feels that progress is not as per pre agreed progress which will have re persuasion on timely completion of the contract owner will have liberty either to terminate the contract or impose suitable penalty for delay.

The above PERT network shall be reviewed periodically and report shall be submitted by the Contractor as directed by Owner/CONSULTANT.

27.0 FORCE MAJEURE:

Any delays in or failure of the performance of either perty hereto shall not constitute default hereunder gives rise to any claims for damages, if any to the extent such delays or failure of performance is caused by occurrence of events such as Acts of God or the public enemy expropriation or confiscation of facilities by government authorities, acts of war, rebellion, sabotage of fires, floods, explosions & riots.

28.0 EXTENSION OF TIME:

If the contractor desire an extension of the time for completion of the work on the grounds of his having been unavoidably hindered in its execution or any other grounds he shall apply in writing to the Engineer-In-Charge within ten days of the date of hindrance on account of which he desires such extension as aforesaid, and the Engineer-In-Charge shall, if in his opinion (which shall be final) reasonable grounds have been shown therefore, authorized such extension of time as may, in his opinion be necessary or proper without any extra cost/liability of the owners.

29.0 COMPENSATION FOR DELAY(LIQUIDATED DAMAGES): 29.1 The time allowed for carrying out the work as entered in the tender shall be strictly observed by the

contractor. The work shall throughout the stipulated period of the contract be proceeded with all the diligence (time being deemed to be essence of the contract) and the contractor shall pay to the owner as compensation an amount equal to 1% or such smaller amount as the Engineer-In-Charge (whose decision in writing shall be final), may decide on the amount of the contract value for every week that the work may remain incomplete as per the time schedule, subject to a maximum compensation of 15% of the contract value after which period action will be taken by the Engineer-In-Charge under the provisions of the contract.

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29.2 To ensure good progress during the execution of the work, the contractor shall be bound, in all cases in

which the time allowed for any work exceed one month, to complete one fifth of the work before one fourth of time allowed under the CONTRACT. In the event of the contractor failing to comply with this condition he shall be liable to pay as compensation at amount as stipulated above. The compensation so paid shall not relieve the contractor from his obligations to complete the work or from any other obligations and liabilities under this contract.

30.0 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS REASONABLE

COMPENSATION WITHOUT REFERENCE TO ACTUAL LOSS: 30.1 All sums payable by way of compensation under any of the conditions shall be genuine pre estimate of

damages and shall be considered as reasonable compensatation without reference to the actual loss or damage, which shall have been sustained.

31.0 RIGHTS OF THE OWNER TO FORFEIT SECURITY DEPOSIT:

Whenever any claim against the contractor for the any payment of a sum of money arises out of or tender the contract, the owner shall be entitled to recover such sum by appropriating in part or whole the security deposit of the contractor. In the event of security deposit being in sufficient or if no security deposit has been taken from the contractor, then the balance or the total sum recoverable, as the case may be shall be deducted from any sum then due or which, at any time there after may become due to the contractor,. The contractor shall pay to the owner on demand any balance remaining due.

32.0 FAILURE BY THE CONTRACTOR TO COMPLY WITH THE PROVISIONS OF THE

CONTRACT : 32.1 If the contractor refuses or fails to execute the WORK or any part thereof with such diligence as will

ensure its completion within the time specified in the contract or extension thereof or fails to perform any of his obligation under the contract or in any manner commits a breach of any of the provisions of the contract, it shall be open to the owner at its option by written notice to the contractor.

(a) TO DETERMINE THE CONTRACT In which event the contract shall stand terminated and

shall cease to be in force and effect on and from the date appointed by the owner on that behalf, where upon the contractor shall stop forthwith any of the contractors work then in progress, except such work as the owner may, in writing require to be done to safeguard any property or work, or installation from damage, and the owner, for its part may take over the work remaining unfinished by the contractor and complete the same through a fresh contractor or by other means, at the risk and cost of the contractor, and the contractor or any of his sureties if any, shall be liable to the owner for any excess cost occasioned by such work having to be so taken over and completed by the owner over and above the cost at rates specified in the schedule of quantities and rate /prices.

(b) WITHOUT DETERMINE THE CONTRACT to take over the work of the contractor or any

part thereof and complete the same through a fresh contractor or by other means at the risk and cost of the contractor. The contractor and any of his sureties are liable to the Owner for any excess cost over and above the cost as worked out in terms of the contract, occasioned by such works having been taken over and completed by owner.

32.2 IN SUCH EVENTS AND ABOVE:

(a) The whole or part of the security deposit furnished by the contractor is liable to be forfeited without prejudice to the right of the owner to recover from the contractor the excess cost referred to on the sub clause aforesaid, the owner shall also have the right of taking possession

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and utilizing in completing the works or any part thereof, such materials, equipment and plants available at work site belonging to the contractor as may be necessary and the contractor shall not be entitled for any compensation for use or damage to such materials, equipment and plant.

(b) The amount that may have become due to the contractor on account of work already executed

by himself not be payable to him until after the expiry of six calendar month reckoned from the date of termination of contract or from the taking over of the work or part thereof by the owner as the case may be, during which period the responsibility for faulty materials or workmanship in respect of such work shall under the contract, rest exclusively with the Contractor. This amount shall be subject to deduction of any amounts due from the contractor to the owner under the terms of the contract authorized or required to be reserved or retained by the owner.

32.3 Before determining the contract, provided in the judgement of the owner, the default or defaults

committed by the contractor is /are curable and can be cured by the contractor if an opportunity given to hi, then the owner may issue notice in writing calling the contractor to cure the default within such time specified In the notice.

32.4 The Owner also have the right to proceed or take action as per above, in the event that the Contractor

becomes Bankrupt, insolvent, compounds with his creditors, assigns the contract in favour of his creditors or any other person or persons, or being a company or a cooperation goes in to voluntary liquidation, provided that in the said event it shall not be necessary for the owner to give any prior notice to the contractor.

32.5 Termination of the contract as provided for in sub clause 32.1 (a) above shall not prejudice or affect the

rights of the owner which may have accrued up the date of such termination. 33.0 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN

AFTER CLAUSE 32.0 ENTITLED FAILURE BY CONTRACTOR :

In any case in which any of the powers conferred upon the owner by clause 32.0 hereof shall have become excisable and the same had not been exercised, the non exercise thereof shall not constitute a waiver of any of the condition hereof and such powers shall be notwithstanding be exercisable in the event of any further case of default by the contractor for which by any clause or clauses hereof he is declared liable to pay compensation amounting to the whole of his security deposit, and the liability of the contractor for past and future COMPENSATION shall remain unaffected. In the event of the owner putting in force the powers under sub clause 32.1, 32.2, 32.3, 32.4 and 32.5 above vested in him under the proceeding clause he may, if he so desires, take possession of all or any tools, and plans, materials and stores in or upon the works or the site. Thereof belonging to the contractor or procured by him and intended to be used for the execution of the work or any part thereof paying or allowing for the same in account at the contract prices or in case of these not being applicable at current market prices to be certified by the Engineer-In-Charge whose certificate thereof shall be final, otherwise the Engineer-In-Charge may give notice in writing to the contractor to his clerk of works, foreman or other authorized agencies, requiring him to remove such tools, plant, materials or stores from the premises (within a time to be specified in such notice).And in the event of the contractor failing to comply with any .such requisition, the Engineer-In-Charge may remove them at the contractors expense or sell them by auction or private sale on account of the contractor and at his risk in all respect without any further notice as to the date, time or place of sale and certificate of the Engineer-In-Charge as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale shall be final and conclusive against the contractor.

34.0 CHANGE IN CONSTITUTION:

Where the Contractor is a partnership firm the prior approval, in writing, of the owner shall be obtain before any changes made in the constitution of the firm. Where the contractor is an individual or a

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Hindu undivided family business concern, such approval as aforesaid shall, like wise be obtained before such contractor enters in any agreement with other parties, where under the reconstituted firm would have the right to carry out the work hereby undertaken by the contractor. In either case if prior approval as aforesaid is not obtained, the contract shall be deemed to have been allotted in contravention of clause 40 (I) works hereof and the same action may be Taken and the same consequence shall ensure as provided in the said clause.

35.0 TERMINATION OF CONTRACT FOR DEATH:

If the contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the contractor is a partnership concerned and one of the partner dies then unless, the owner is satisfied that the legal representative of the individual or the proprietary concern or the surviving partners are capable of carrying out and completing Contract, he (the owner) is entitled to cancel the CONTRACT for the uncompleted part without being in any way liable for any compensation payment of the estate of the deceased Contract and /or to the surviving partners of the contractors firm on account of the cancellation of the contract. The decision of the owner in such assessment shall be final and binding on the parties.

36.0 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE:

No director or official or employee of the OWNER/CONSULTANT Engineer shall in any way be personally bound or liable for the acts or obligations of the owner under the Contract or answerable for any default or omission in the observance or performance of any of the acts , matters or things which are herein contained.

37.0 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS:

The contractor shall not be entitled to any increase on the contract prices or any other right or claim whatsoever by reason of any representation, explanation, statement or alleged representation, promise or guarantees given or alleged to have been given to him by any person.

38.0 CONTRACTORS OFFICE AT SITE:

The contractor shall provide and maintain an office at the site for the accommodation of his agent and staff and such office shall be open at all reasonable hours to receive instructions, notice or other communications. The Contractor at all time shall maintain a site instruction book and compliance of these shall be communicated to the Engineer-In-Charge from time to time and the whole document shall be preserved and handed over after completion of works.

39.0 CONTRACTORS SUBORDINATE STAFF AND THEIR CONDUCT: 39.1 The contractor, on or after award of the work shall name and depute a qualified Engineer having

sufficient experience in carrying out work of similar nature, to whom the equipment’s, materials, if any, shall be issued and instructions for works given. The contractor shall also provide to the satisfaction of the Engineer-In-Charge sufficient and qualified staff to superintend the execution of the works, competent sub agent, foreman and leading hands including those specially qualified by previous experience to supervise the types of work comprised in the contract in such manner as will ensure work of the best quality, expeditious working. Whenever the opinion of the Engineer-In-Charge additional properly qualified supervisory staff is considered necessary, the shall be employed by the contractor without additional charge on accounts thereof. The contract shall ensure to the; satisfaction of the Engineer-In-Charge that sub contractors, if any, shall provide competent and efficient supervision, over the work entrusted to them.

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39.2 If and whenever any of the contractor’s or sub contractor’s agents, sub-agent’s, assistants, foreman, or other employees shall in the opinion of Engineer-In-Charge be guilty of any miss conduct or found indulging in theft or be incompetent or insufficiently qualified or negligent in the performance of their duties or that in the opinion of the owner or the Engineer-In-Charge, it is undesirable for administrative or any other reason for such person or persons to be employed in the works, the contractor, if so directed by the Engineer-In-Charge, shall at once removed such person or persons from employment thereon. Any person or persons so removed from the works shall not again be employed in connection with the works without the written permission of the Engineer In Charge. Any person so removed from the works shall be immediately replaced at the expense of the contractor of a qualified and competent substitute. Should the contractor be requested to repatriate any person removed from the works he shall do so and shall bear all costs in connection therewith.

39.3 The contractor shall be responsible for the proper behavior of all staff, foremen, workmen, and others,

and shall exercise a proper degree of control over them and in particular and without prejudice to the said generality, the contractor shall be bound to prohibit and prevent any employees from trespassing or acting in any way detrimental or prejudicial to the interest of the community or of the properties or occupiers of land and properties of the neighborhood and in the event of such employee so trespassing, the contractor shall be responsible therefore and relieve the owner of all consequent claims or action for damages or injury or any other ground whatsoever. The decision of the Engineer-In-Charge upon any matter arising under this clause shall be final. The contractor shall be liable for any liability to owner on account of deployment of contractor staff etc. incident at on arising out of the execution of contract.

39.4 If and when required by the Owner the contractor’s personal entering upon the Owner’s premises shall

be properly identified by badges of a type acceptable to the Owner which must be worn at all times on Owner’s premises. Contractor may be required to obtain daily entry passes for his staff/employees from Owner to work within operating areas. These being safety requirements, no relaxations on any account shall be given to the contractor.

40.0 SUB-LETTING OF WORK:

i) No part of the contract nor any share or interest therein shall in any manner or degree be transferred, assigned or sublet by the contractor directly or indirectly to any person, firm or corporation whosoever without prior consent in writing, of the Owner.

ii) SUB-CONTRACTS FOR TEMPORARY WORKS ETC:

The Owner may give written consent to sub-contract for the execution of any part of the works at the site, being entered in to by contractor provided each individual sub-contract is submitted to the Engineer-In-Charge before being entered into and is approved by him.

iii) LIST OF SUB-CONTRACTORS TO BE SUPPLIED:

At the commencement of survey of every month the contractor shall furnish to the Engineer-In-Charge, list of all sub-contractors or other persons or firms engaged by the contractor and working at the site during the previous month with particulars of the general nature of the sub-contract or work done by them.

iv) CONTRACTOR’S LIABILITY NOT LIMITED BY SUB-CONTRACTORS:

Notwithstanding any sub-contracting with such approval as aforesaid and notwithstanding that the Engineer-In-Charge shall have received copies of any sub-contracts, the contractor shall be and shall remain solely responsible for the quality, proper and expeditious execution of the works and the performance of all conditions of the contract in all respects as if such sub-contracting had not taken place, and as if such work had been done directly by the contractor.

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v) OWNER MAY DIRECT TO TERMINATE SUB-CONTRACTS:

If any sub-contractor engaged upon the works at the site execute any works which in the opinion of the Engineer-In-Charge is not in accordance with the contract documents, the owner may by written notice to the contractor ask him to terminate such sub contract and dismiss the sub-contractors and the latter shall forthwith leave the works, failing which the owner shall have the right to remove such sub-contractors from the site.

vi) NO REMEDY FOR ACTION TAKEN UNDER THIS CLAUSE:

No action taken by the owner under this clause shall relieve the contractor of any of his liabilities under the contract or give rise to any right or compensation, extension of time or otherwise, failing which the owner shall have the right to remove such sub-contractors from the site.

41.0 POWER OF ENTRY:

If the contractor shall not commence the work in the manner previously describe in the CONTRACT documents or if he shall at any time in the opinion of the Engineer-In-Charge.

i) fail to carry out the works in conformity with the contract documents, or

ii) fail to carry out the works in accordance with the time schedule, or

iii) substantially suspend works for a period of fourteen days without authority from the Engineer-

In-Charge, or

iv) fail to carry out and execute the works to the satisfaction of the Engineer-In-Charge, or

v) fail to supply sufficient or suitable construction plant, temporary works, labour, mate, rails or things, or

vi) Commit, suffer, or permit any other breach of any other of provisions of the contract on his part

to be performed or observed or persist in any of the above mentioned breaches of the contract for fourteen days, after notice in writing shall have been given to the Contractor by the Engineer-In-Charge requiring such breach to be remedied, or

vii) If the Contractor shall abandon the works or

viii) If the contractor during the continuance of the contract shall become bankrupt, make any

arrangement to composition with his creditors, or permit any execution to be levied or go into liquidation whether compulsory or voluntary (not being merely a voluntary liquidation for the purpose of amalgamation or reconstruction), then in any such case, the owner shall have the power to enter upon the works and take possession thereof and of the materials, temporary work, constructional plant, and stock thereon, and to revoke the contractor’s license to use the same, and to complete the works by his agents, other contractors or workmen or to re-let the same upon any terms and to such other person, firm or corporation as the owner in his absolute discretion may think proper to employ and for the purpose aforesaid to use or authorized the use of any materials, temporary work, constructional plant, and stock as aforesaid, without making payment or allowance to the contractor for the said materials other than such as may to be certified in writing by the Engineer-In-Charge to be reasonable, and without making any payment or allowance to the contractor for the use of the temporary said works constructional plant and stock or being liable for any loss or damage thereto, and if the owner shall by reason

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of his taking procession of the works or of the works or of the works being completed by other contractor (due account being taken of any such extra work or works which may be omitted) then the amount of such excess as certify by Engineer-In-Charge shall be deducted from any money which may be due for work done by contractor under the Contract and not paid for . Any deficiency shall forthwith may good and paid to the owner by the contractor and the owner shall have the power to sell in such manner and for such prices as he may think fit all or any of the constructional plant, materials etc. constructed by or belonging to the contractor and to recoup and retain the said deficiency or any part thereof out of proceeds of the sale.

42.0 CONTRACTOR’S RESPONSIBILTY WITH THE MECHANICAL, ELECTRICAL

INTERCOMMUNICATION SYSTEM, AIR CONDITIONING CONTRACTORS AND OTHER AGENCIES:

Without repugnance to any other condition, it shall be the responsibility to the contractor executing the work of civil construction to work in close co operation and coordinate the works with the civil and structural, mechanical, electrical, air conditioning, instrumentation’s, insulation, painting Contractors and other agencies or their authorized representatives, in providing the necessary grooves, recess, cuts and opening etc. in wall, slabs, beams and columns etc. and making good ;of the same to the desired finish as per specification, for the replacement of electrical, intercommunication cables, conduits air-conditioning inlets and other out lets grills and equipment’s etc., where required. For the above said requirements in the false cConsultanting and other partitions, the contractor before starting up the works shall in consultation with the electrical, mechanical, intercommunication, air conditioning contractor and other agencies prepare and put up a joint scheme, showing the necessary openings, grooves, recesses, cuts, the method of fixing required for the works of the aforesaid, and the finishes therein, to the Engineer-In-Charge and get the approval. The contractor before finally submitting the scheme to the Engineer-In-Charge, shall have the written agreement of all the other agencies. The Engineer-In-Charge before communicating his approval to the scheme, with any required modifications, shall get the final agreement of the agencies, which shall be binding. No claim shall be entertained on account .of the above.

The contractor shall conform in all respects with provisions of any statuary regulations, ordinances or bye laws of .any local or duly constituted authorities or public bodies which may .be applicable from time to time to the works or any temporary works. The contractor shall keep the owner indemnified against all penalties and liabilities of every kind, arising out of non-adherence to such statutes, ordinances, laws, rules, regulations etc.

43.0 OTHER AGENCIES AT SITE:

The Contractor shall have to execute the work in such place and conditions where other agencies will also be engaged for other works. No claim shall be entertained due to work being executed in the above circumstances.

44.0 NOTICE:

Any notice hereunder may be served on the contractor or his duly authorized representative at the job site or may be served by registered mail direct to the address furnished by the contractor. Proof of issue of any such notice could be conclusive of the contractor having been duly in formed of all contents therein.

45.0 RIGHT OF VARIOUS INTERESTS:

i) The owner reserves the right to distribute the work between more than one agencies. The contractor shall be cooperate and afford other agencies reasonable opportunity for access to the works for the carriage and stores of materials and execution of their works.

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ii) Wherever the work being done by any department of the owner or by other contractors

employed by the owner is contingent upon work covered by this CONTRACT, the respective right s of the various interests involved shall be determined by the Engineer-In-Charge to secure the completion of the various portions of the work in general harmony.

46.0 PATENTS AND ROYALTIES: 46.1 The contractor, if licensed under any patent covering equipment, machinery, materials or compositions

of matter to be used or supplied or methods and process to be practiced or employed in the performance of this contract, agrees to pay all royalties and license fees which may be due with respect thereto. If any equipment, machinery, materials, composition of matters, be used or supplied or method or processes to be practiced or employed in the performance of this contract, so covered by a patent under which the Contractor is not licensed then the contractor before supplying or using the equipment, machinery materials, composition method or processes shall obtain such licenses and pay such royalties and license fees as may be necessary for performance of this contract. In the event of the contractor fails to pay any such royalty or obtain any such license, any suit for infringement of such patents which is brought against the contractor or the owner /as a result of such failure will be defended by the contractor at his own expense and the contractor will pay any damages and costs awarded in such suit. The contractor shall promptly notify the owner if the contractor has acquired knowledge of any plant under which a suit for infringement could be reasonably brought because of the use by the Owner of any equipment, machinery, materials, process, methods to be supplied hereunder. The contractor agrees to and does hereby grant to Owner, together with the right to extend the same to any of the subsidiaries of the owner and irrevocable, royalty free license to use in any country any invention made by contractor or his employee in or as result of the performance of the work under the CONTRACT

46.2 All charges on account of royalty, tollage, rent, octroi, terminal or sales tax and/or other duties or any

other levy on materials obtained for the work or temporary work or part thereof (excluding materials provided by the owner) shall be done by the contractor.

46.3 The contractor shall not sell or otherwise dispose of or remove except for the purpose of this contract,

the sand, stone, clay, ballast, earth, rock or other substances, or materials obtained from any excavation made for the purpose of the work or any building or produce upon the site at the time of delivery of the possession thereof, but all substance, materials, buildings and produce shall be the property of the owner provided that the contractor may. With the permission of the. Engineer-In-Charge, use the same for the purpose of the. Work by payment of cost .of the same as such as rate may be determined by the. Engineer-In-Charge.

46.4 The owner shall indemnify and save harmless the contractor from any loss on account of claims against

the contractor for the contributory infringement of patent right arising out and based upon the claim that the use by the owner of the process included in the designed prepared by the owner and used in the operation of the plant infringes on any patent right. With respect to any sub contract entered into by contractor pursuant to the provisions of the relevant clause hereof. The contractor shall obtain from the sub contractor an undertaking to provide the owner with the same patent protection that contractor is required to provide under the provisions of clause, 46.1

47.0 LIENS: 47.1 If at any time there should be evidence or any lien or claim for which the Owner might have become

liable at which is chargeable to the contractor, the owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify the owner against such lien or claim and if such lien or claim be valid, the owner may pay and discharge the same and deduct the amount so paid from any money which may be or may become due and payable .to the contractor. If any lien or claim remain unsettled after all payments are made, the contractor shall refund

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or pay .the owner all money that the latter may be compelled to pay in discharging such lien or claim including all costs and reasonable expenses. Owner reserves the right to the same.

47.2 The owner shall have lien on all materials, equipment’s, including those brought by the contractor for

the purpose of erection, testing and commissioning of work. 47.3 The final payment shall not become due until the contractor delivers to the Engineer-In-Charge a

complete release or waiver of all lien arising or which may arise out of his agreement or receipt in full certification by the contractor in a form approved by Engineer-In-Charge that all invoices for labour, materials, services have been paid in lien thereof and if required by the Engineer-In-Charge in any case an affidavit that so far as the contractor has knowledge or information the releases and receipts include ;all the labour and material for which a lien could be filled.

47.4 Contractor will indemnify and hold the owner harmless, for a period of two year after the issue of final

Certificate, forms all liens and other encumbrances against the owner on account of debts or claims alleged to be due from the contractor or his sub contractor to any person including sub contractor and on behalf of owner will defend at his own expense, any claim or litigation in connection therewith. Contractor shall defend or contest at his own expense any fresh claim or litigation brought against, the owner or the contractor by any persons including his sub contractor, till its satisfactory settlement even after the expiry of two years from the date of issue of final Certificate.

48.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS: 48.1 In case the Contractor’s performance is delayed due to any act or omission on the part of the owner or

his authorized agents, then the contractor shall be given due extension of time for the completion of the work, to the extent such omission on the part of the Owner has caused delay in the contractor’s performance of his work.

48.2 No adjustment in contract price shall be allowed for reasons of such delays and extensions granted,

except as provided in tender, where in the owner reserves the right to seek indulgence of contractor to maintain the agreed time schedule of completion. In such an event the contractor shall be obliged to arrange for working by contractor’s person for additional time beyond stipulated working hours as also on Sundays and holidays and achieve the completion date interim targets.

49.0 PAYMENT IF THE CONTRACT IS TERMINATED: 49.1 If the Contract shall be terminated, the contractor shall be paid by the Owner in so far as such amounts

or items shall not have already been covered by payments of amounts made to the contractor for the works executed and accepted by Engineer-In-Charge prior to the date of termination .at the rates and prices provided of in the contract and in addition to the following:

a) The amount payable in respect of any preliminary items, so far as the work or service

comprised therein has been carried out or performed and an appropriate portion as certified by Engineer-In-Charge of any such items of the work or service comprised in which has been partially carried out or performed.

b) Any other expense which the contractor has expended for performing the works under the

contract subject to being duly recommended by Engineer-In-Charge and approved by owner for payment, based on documentary evidence of his having incurred such expenses.

49.2 The contractor will be further required to transfer the title and provide the following in the manner and

as directed by the Owner.

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a) Any and all completed works

b) Such partially completed works including drawings, information and Contract rights as the

contractor has specially performed, produced for the performance of the contractor. 50.0 NO WAIVER OF RIGHTS:

Neither the inspection by the owner or any of their officials, employees, or agent nor any order by the owner or CONSULTANT for payment of money or any payment for or acceptance of the whole or any part of the work by the owner nor any extension of time, nor any possession taken by owner shall operate as a waiver of any provisions of the contract, of any power herein reserved to the Owner, Or any right to damages herein provided, nor shall any. Waiver of any breach in the contract be hold to be a waiver of any other or subsequent breach.

51.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND LIABILITY OF

CONTRACTOR:

No interim payment certificates of the Owner, nor any sum paid on account by the Owner, or any extension of time for execution of the work granted by Owner shall affect or prejudice the rights of the Owner against the contractor or relieve the contractor of his obligations for the due performance of the CONTRACT, or be interpreted as approval of the /works done or of the equipment supplied and no certificate shall create liability for the owner to pay for alterations, amendments, variation or additional works not ordered, in writing, by Owner or discharge the liability of the Contractor for the payment .of damages whether due ascertained, or certified or not or any sum against the /payment .of which he is bound to indemnify the OWNER.

52.0 LANGUAGE AND MEASURES:

All documents pertaining to the contract including specification, schedules, Notices, correspondence, Operating, and maintenance, instructions, drawings, or any other writings shall be written in English language. The metric system of measurement shall be used in the contract unless otherwise specified.

53.0 TRANSFER OF TITLE: 53.1 The title of Ownership of supplies furnished by the contractor shall not pass on to the Owner for all

supplies till the same are finally accepted by the Owner after the successful completion of PERFORMANCE TEST and GUARANTEE TEST and issue of final certificate.

53.2 However the Owner shall have the lien on all such works, performed as soon as any advance or

progressive payment is made by the Owner to the contractor and the Contractor shall not subject these works for use other than those intended under this contract.

54.0 RELEASE OF INFORMATION:

The contractor shall not communicate or use in advertising, publicity sales releases or in any other medium, photograph, or other reproduction of the work under this CONTRACT or description of the site dimensions, quantity, quality or other information, concerning .the work unless prior written permission has been obtained from the Owner.

55.0 BRAND NAMES:

The specific reference in the specifications and documents to any material by trade name, make or catalogue number shall be construed as establishing standard or quality and performance and not as

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limited competition. However tenderer may offer other similar equipment’s provided it meets the specified standard design and performance requirements.

56.0 COMPLETION OF CONTRACT:

Unless otherwise terminated under the provisions of any other relevant clause, this contract shall be deemed to have been completed at the expiration of the period of liability as provided for under the contract.

57.0 SPARES: 57.1 The contractor shall furnish to the Owner all spares required for commissioning of the plants,

recommendatory an /or mandatory spares, which are required/considered essential by the manufacturer/supplier. The same shall be /delivered at SITE-3 (three) month before COMMISSIONING.

Also the Contractor should furnish the manufacturing drawing for fast wearing spares.

57.2 The contractor’s guarantees the owner that before the manufacturers of the equipment’s. Plants and

machinaries go out of production of spare parts for the equipment furnished and erected by him, he shall give at least twelve (12) months, advance notice to the owner, so that the latter may order his requirement of spares in one lot, if he so desires.

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SECTION-V

PERFORMANCE OF WORK: 58.0 EXECUTION OF WORK:

All the works shall be executed in strict conformity with the provisions of the. Contract documents and with such explanatory detailed drawings, specification and instructions as may be furnished from time to time to the contractor by the Engineer-In-Charge whether mentioned in the contract or and. The contractor shall be responsible for ensuring that works through out are executed in the most substantial, proper and workmanlike manner with the quality material or workmanship in strict accordance with the specification and to the entire satisfaction of the Engineer-In-Charge.

The contractor shall provide all necessary materials, equipment’s labour etc. for execution and maintenance of work till completion unless otherwise mentioned in the contract.

59.0 CO-ORDINATION AND INSPECTION OF WORKS:

The coordination and inspection of the day to day work under contract shall be the responsibility of the Engineer-In-Charge. The written instruction regarding any particular job will normally be passed by the Engineer-In-Charge or his authorized representative. A work order book will be maintained by the contractor for each sector in which the aforesaid written instruction will /be entered. These will signed by the Contractor or his authorized representative by way of acknowledgement within 12 hours.

60.0 ALTERATIONS IN SPECIFICATIONS, DESIGNS AND EXTRA WORKS: 60.1 The work covered under this contract having to be executed by the contractor on a lumpsum firm

price/item rate quoted by him, the owner will not accept any proposals for changes in value of contract or extension in time on account of any such changes which may arise to the contractor’s scope of work as a result of detailed Engineering and thereafter during the execution of work. The only exception to this will be a case where the owner requests in writing to the contractor to up grade the specifications or the size of any major pieces of equipment’s, plant or machinery beyond what is normally required to meet the scope of work as defined in the contract document.

In such cases a change order will be initiated by the contractor at the appropriate time for the Owner’s prior approval giving the full back up data for their review and for final settlement of any impact on price within 30(Thirty) days thereafter.

60.2 The Engineer-In-Charge have power to make any alteration in, omission from, additions to or

substitution for, the schedule of rates, the original specifications, drawings, designs and instruction that may appear to him to be necessary or advisable during the progress of the work and the contractor shall be bound to carry out such altered/extra/new items of works in accordance with any instructions which may be given to him writing signed by the Engineer-In-Charge, and such alteration, omissions, additions, or substitution shall not invalidate the contract and any altered, additional or substituted work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same condition in all respects on which he agreed to do the main work. The time of completion of work may be extended for the part of the particular job of at the discretion of the Engineer-In-Charge, for only such alterations, additions or substitutions of the work, as he may considered as just and reasonable. The rates for such addition, altered or substituted work under this clause shall be worked out in accordance with the following provisions.

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I. FOR ITEM RATE CONTRACT:

a) If the rates for the additional, altered or substituted work are specified in the contract for the work, the Contractor is bound to carry out the additional, altered or substituted work at the same rates as; per specified in the contract.

b) If the rates for additional, altered or substituted work are not specially provided in the contract

for the work, the rates will be derived in from the rates for similar class of work as per specified in the contract for the work. The opinion of the Engineer-In-Charge, as to whether or not the rates can reasonably so derived from the items in this contract will be final and binding on the contractor.

c) If the rates for the altered, additional or substituted work cannot be determine in the manner

specified in sub clause (a) and (b) above, then the contractor shall, within 7 days of the date of receipt of order to carry .out the work, inform the Engineer-In-Charge of the rates which it is his intention to charge for such class of work, supported by the analysis of the rate or rates claimed, and the Engineer-In-Charge shall determine the rate or rates on the basis of the prevailing market rates, labour cost at schedule of labor rates plus 15% Material Components only to cover contractor’s supervision, overheads and profit and pay to the contractor accordingly. The opinion of the Engineer-In-Charge as to current market rates of materials and the quantum of labour involved per unit of measurement will be final and binding on the contractor.

d) Where the items of work will; be execute through nominated specialist agency as approved by

the Engineer-In-Charge, then the actual amount paid to such nominated agency supported by the documentary evidence and as certified by Engineer-In-Charge shall be considered plus 10% (Ten percent) to cover all contingencies, overhead, profits to arrive at the rates.

e) Provision contained in sub clauses (a) to (d) above shall, however, not apply to the following:

Where the value of additions of new items together with the value of alterations, additions/deletions or substitutions is within the range of plus minus (±) 25% of the Value of Contract. The item rates in the schedule of rates shall hold good for all such variations between the above mentioned limits, in respective of any increase/decrease of the quantities of individual items of schedule of rates.

Where the value of addition of new items together with the value of alterations, additions/deletion/substitution exceed by more than plus minus (±) 25% of contract value but is within the following limits to the tenderer shall be paid compensation for increase/decrease in the value of wok as followed:

SL.NO. RANGE OF VARIATION PERCENTAGE COMPENSATION FOR DECREASE IN THE VALUE OF WORK IN THE RESPECTIVE RANGE.

a) Beyond (+) 25% upto & inclusive of (+) 50%

No increase or decrease shall be applicable for the schedule of rates (The rates quoted for this increase shall be valid)

b) Beyond (-) 25% upto & inclusive of (-) 50%

5% (five present) increase shall be applicable for the difference in value of work between (-) 25% and (-)50% of the Contract value.

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The will be worked out as follows: 5% of (75% of the awarded value of contract minus actually executed value of contract. inclusive of extra item, if any )

II. FOR LUMPSUM CONTRACTS:

Contract shall, within 7 days of the date of recopy of order to carry out the work, inform the Engineer-In-Charge of the rates which it is his intention to charge for such class of work, supported by analysis of the rate or rates claimed, and the Engineer-In-Charge shall determine the rate or rates on the basis of the prevailing market rates, labour cost at schedule of labour rates plus 15% to cover contractor supervision, overheads and profit and pay the contractor accordingly. The opinion of the Engineer-In-Charge as to current market rates of materials and the quantum of labour involved per unit of measurement will be final and binding of the Contractor.

61.0 WORK ON SUNDAYS AND HOLIDAYS:

For carrying out of work on Sundays, and holidays, and the contractor will approach the Engineer-In-Charge or his representative at least two days in advance and obtain permission in writing.

The contractor shall observed all labour laws and other statutory rules and regulation in force.In case of any violation of such laws, rules and regulations, consequence if any including the cost thereto shall be exclusively done by the contractor and owner shall have the no liability whatsoever on this account.”

62.0 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK: 62.1 The working time at the time of work is 48 hours per week. Over timework is permitted in case of need

and the owners will not compensate the same. Shift working at 2 or 3 shifts per day will become necessary and the contractor should take this aspect into consideration for formulating his rates for quotation. No extra claim to be entertained by the owner on .his account

“For carrying out work beyond working hours the contractor will approach the Engineer-In-Charge or his authorized representative and obtain the prior written permission.”

62.2 The Contractor must arrange for the placement of workers in such a way that the delayed completion of

the work or any part thereof for any reason whatsoever will not affect their proper employment. The owner will not entertain any claim for idle time payment whatsoever.

62.3 The contractor shall submit to the owner reports at regular intervals regarding the state and progress of

work. The details and proforma of the report will mutually be agreed after the award of contract.

The contractor shall provide display boards showing progress and labour strength at work site, as directed by the Engineer-In-Charge.

63.0 DRAWINGS TO BE SUPPLIED BY THE OWNER: 63.1 The drawings accompanying the tender document are indicative of nature of work and issued for

tendering purpose only. Purpose of this drawing is to enable the tenderer to make an offer in line with requirements of the owner. However no extra claim whatsoever shall be entertained for any variation in the “Approved for Construction” and “Tender Drawings” regarding any change /units. Construction shall be as per drawings /specifications issued/approved by the Engineer-In-Charge during the course of execution of work. Detailed construction Drawings on the basis of which actual execution of work is to

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proceed will be furnished the contractor progressively based on the detailed construction program evolved after the award of work and also based on construction progressed achieved.

63.2 Detailed working drawings on the basis of which actual execution of the works is to proceed, will be

furnished from time to time during the progress /of the work. The contractor shall be deemed to have gone through the drawings and bring to the notice of the Engineer-In-Charge discrepancies if any, therein before actually carrying out of the work.

63.3 Copies of all detailed working Drawings relating to the works shall be kept at the contractor’s office on

the site and shall be made available to the Engineer-In-Charge at any time during execution of the contract. The drawings and other documents issued by the owner shall be return to the owner on completion of the works.

64.0 DRAWING TO BE SUPPLIED BY THE CONTRACTOR: 64.1 The drawings/data which are to be furnished by the contractor are enumerated in the special condition

of contract, and shall be furnished within the specified time. 64.2 Where approval /review of drawings before manufacturer/construction/fabrication has been specified,it

shall be contractor’s responsibility to have this drawings prepared as per the direction of Engineer-In-Charge and got approved before proceeding with manufacture/construction/fabrication as the case may be. Any change that may have become necessary in this drawing during the execution of the work shall have to be carried out by the contractor to the satisfaction of Engineer-In-Charge at no extra cost. All final drawings shall bear the certification stamp as indicated below duly signed by both the contractor and Engineer-In-Charge.

Certificate true for ______________________________Project Agreement No._______________________ Signed _____________________________ __________________________ (Contractor) (Engineer-In-Charge) 64.3 The drawings submitted by the contractor shall be reviewed by the Engineer-In-Charge as far as

practiciable within 3(three) weeks and shall be modified by the contractor if any modifications and/or corrections are required by the Engineer-In-Charge. The contractor shall incorporate such modifications and/or corrections and submit the final drawings for approval. Any delays arising out of failure by the contractor rectify the drawing in good time shall not alter the contract completion time.

64.4 It shall be the responsibility of the contractor to furnish the manufacturer’s drawings whereever supply

of equipment is in the scope of contractor in order to facilitate the inspection or erection of equipment supplied by them.

64.5 A built drawings showing all corrections, adjustments etc. shall be furnished by the Contractor six

copies and one transparent for record purpose of the Owner. 64.6 The Contractor will furnish drawings/manufacturers catalogue operating manual for items

manufactured or procured by the contractor in properly bound form. In case the contractor fails to submit these document in time a suitable amount at the desecration of the owner would be with held or recovered from the bills.

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65.0 SETTING OUT WORKS: 65.1 The Engineer-In-Charge shall furnish the contractor with only the four corners of the works site and a

level bench mark and the contractor shall be set out the works and shall provide an efficient staff for the purpose and shall be solely responsible for the accuracy of such setting out.

65.2 The Contractor shall provide, fix and be responsible for the maintenance of all stakes, templates, level

marks, profile and other similar things and shall take all necessary precautions to prevent their removal or disturbance and shall be responsible for the consequence of such removal or disturbance should the same take place and for their efficient and timely reinstatement. The contractor shall also be responsible for the maintenance of all-existing survey marks, boundary marks distance marks and centerline marks, either existing or supplied and fix by the contractor. The work shall be set out to the satisfaction of the Engineer-In-Charge. The approval thereof or joining with the contractor by .the Engineer-In-Charge in setting .out the work, the work shall /not relieve the .contractor of any of his responsibilities

65.3 Before beginning the works the Contractor shall at his own cost, provide all necessary reference and

level posts, pegs, bamboo’s, flags, ranging rods, string and other materials for proper layout the work in accordance with the scheme for bearing marks acceptable to the Engineer-In-Charge. The center longitudinal or face lines and cross lines shall be marks by means of small masonry pillars. Each pillar shall have distinct mark at the center to enable theodolite to be set over it , No work shall be started unit all these points are checked and approved by the Engineer-In-Charge in writing but such approval shall not relieve the contractor of any of this responsibilities. The contractor shall also provide all labour, materials and other facilities, as necessary, for the proper checking of layout and inspection of the points during Construction.

65.4 Pillars bearing geodetic marks located at the sites of unit of works under construction should be

protected and fenced by the Contractor. 65.5 On completion of works, the Contractor must submit the geodetic documents according to which the

work was carried out. 66.0 RESPONSIBILITY FOR LEVEL AND ALIGNMENT: 66.1 The contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment,

the level and correctness of every part of the work and shall rectify effectively any errors or imperfections therein, such rectification shall be carried out by the Contractor, at his own cost, when instructions are issued to that effect by the Engineer-In-Charge.

67.0 MATERIALS TO BE SUPPLIED BY CONTRACTOR: 67.1 The CONTRACTOR shall procure and provide the whole of the materials required for the construction

including M.S. Rods, Cement and other building materials, tools, tackles construction plant and equipment for the completion and maintenance of the work except the materials which will be issued by the owner and shall make his own arrangement for procuring such materials and for the transport there of. The owner may give necessary recommendation to the respective authority if so desired by the contractor but assumes no further responsibility of any nature. The owner will insist on the procurement of the materials, which bear ISI stamp and /or which are supplied by the reputed suppliers.

67.2 The Contractor shall properly store all materials either issued to him brought by him to the site to

/prevent damages due to rain, wind, direct exposure to sun, etc. as also from theft, pilferage etc. for proper and speedy execution, of his works. The contractor shall maintain sufficient stocks of all materials required by him.

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67.3 No material /shall be dispatched from the contractor’s stores before obtaining the approval, in writing, of Engineer-In-Charge.

68.0 STORES SUPPLIED BY THE OWNER/SECURITY OF MATERIALS/EQUIPMENTS: 68.1 If the specification of the work provides for the use of any material of special description to be supplied

for the owners stores or it is the required that the Contractor shall use certain stores to be provided by the Engineer-In-Charge, such materials and store, and price to be charge therefore as herein after mentioned being so far as practicable for the convenience of the Contractor, but no so as in any way to control the meaning or effect of the contract, the Contractor shall be bound to purchase and shall be supplied such materials and stores as are from time to time required to used by him for the purpose of the contract only. The sums due from the Contractor for the. Value of materials supplied by the owner will be recovered from the running account bill on the basis of the actual consumption of materials in the works covered and which the running account bill has been prepared. After the completion of the Work however, the Contractor has to account for the full quantity of materials supplied to him as per relevant clauses in this document.

68.2 The value of the stores/ materials as may be supplied to the Contractor by the owner will be debited to

the Contractor’s account at the rates shown in the schedule of materials and if they are not entered in the schedule, they will be debited at cost price, which for purpose of the contract shall include the cost of carriage and all other expenses whatsoever such as normal storage supervision charges which shall have been incurred in obtaining the same at the Owners stores. All materials so /supplied to the Contractor shall remain the absolute property of the owner and shall not be removed on any account from the site of the work, and shall be at all times open for inspection to the Engineer-In-Charge. Any such materials remaining unused at the. time of the completion or termination of the contract shall be returns to the owners stores or at a place as directed by the Engineer-In-Charge in /perfectly good condition at Contractor’s cost.

69.0 CONDITIONS FOR ISSUE OF MATERIALS:

i) Materials specified as to be issued by the Owner will be supplied to the contractor by the Owner from his stores. It shall be responsibility of the Contractor to take delivery of the materials and arrange for its loading, transport and unloading at the SITE of work this own cost. The materials shall be issued between the working hours and as per the rule of the Owner .as framed from time to time.

ii) The Contractor shall be all incidental charges for the storage and safe custody of materials at

site after these have been issued to him.

iii) Materials specified as to be issued by the owner shall be issued in standard sizes as obtain from the manufacturers.

iv) The Contractor shall construct suitable Go downs at the SITE of work for the storing the

materials safe against damage by rain dampness fire, theft etc. He shall also, employ necessary watch and ward establishment for the purpose.

v) It shall be the duty of the Contractor to inspect the materials supplied to him at the time of

taking delivery /and satisfy himself that they are in good condition. After the materials have been delivered by the owner, it shall be the responsibility of the CONTRACTOR to keep them in good condition and if the materials are damaged or lost, at any time, they shall be repaired and / or replaced by him at his own cost according to the instructions of the ENGINEER – IN- CHARGE.

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vi) The OWNER shall not be liable for delay in supply or non-supply of any materials which the OWNER has undertaken to supply where such failure or delay is due to natural calamities, act of enemies, transport and procurement difficulties and any circumstances beyond the control of the OWNER. In no case, the CONTRACTOR shall be entitled to claim any compensation or loss suffered by him on this account.

vii) It shall be responsibility of the Contractor to arrange in a time all materials required for the

work other than those to be supplied by the owner. If, however, in the opinion of the Engineer-In-Charge the execution of the work is likely to be delayed due to the Contractors inability to make arrangement for supply of materials which normally he has to arrange for the Engineer-In-Charge shall have to the right at his own discretion to issue such materials, if available with the Owner or to procure the materials from the market or else where and the contractor will be bound to take such materials at the rates decided by the Engineer-In-Charge . This, however, doesn’t in any way absolve the. CONTRACTOR from responsibility of making arrangement for the supply of such materials in part or in full, should such a situation occur nor shall this constitute a reason for .the delay in execution of the work.

viii) None of the materials supply to the Contractor to be utilized by the Contractor for

manufacturing item which can be obtain a supplied from standard manufacturer in finished form.

ix) The Contractor shall, if desired by the Engineer-In-Charge, be required to execute an Indemnity

Bond in the prescribed from the safe custody and accounting of all materials issued by the OWNER.

x) The Contractor shall furnish to the Engineer-In-Charge sufficiently in advance a statement

showing his requirement of the quantities of the materials to be supplied by the Owner and the time when .the same will be required by him for the works, so as to enable the Engineer-In-Charge make to necessary arrangements for procurement and supply of the material.

xi) Account of the materials issued by the owner shall be maintained by Contractor indicating the

daily receipt, consumption and balance in the hand. This account shall be maintained in a manner prescribed by the Engineer-In-Charge along with all connected papers are. Viz. requisitions, issues, etc and shall be always available for inspection in the Contractors office at SITE.

xii) The Contractor should see that only the required quantities of materials are got issued. The

Contractor shall not be entitled to cartage and incidental charges for returning the surplus materials, if any to the stores wherefrom they were issued or to the place as directed by the Engineer-In-Charge.

xiii) Materials equipment’s (s) supplied by the owner shall not be utilize for any purpose (s) than

issued for. 70.0 MATERIAL PROCURED WITH ASSISTANCE OF OWNER RETURN OF SURPLUS:

Notwithstanding anything contained to the contrary in or all the clauses of this contract where any materials for the execution of the contract are procured with the assistance of the owner either by issue from Owner stock or purchases made under order or permits or licensed issued by Government., the Contractor shall hold the said materials as trustee for the owner and use such materials economically and solely for the purpose of the contract and not dispose them off without the permission of the owner and return, if required by the Engineer-In-Chare, all surplus or unserviceable materials that may be left with him after the completion of the contract or as it termination for any reason whatsoever on his being paid or credited such price as the Engineer-In-Charge, shall determine having due regard to the

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condition of materials. The price allowed to the Contractor however shall not exceed the amount charged to him excluding the storage charges, if any .The decision of the Engineer-In-Charge shall be final and conclusive in such matters. In the event of breach of the aforesaid condition, the Contractor shall, In terms of the licenses or permits and/ or criminal breach of trust, be liable to compensate the owner at double rte or any higher rate, in the event of those materials at that time having higher rate or not being available in the market then any other rate to be determine by the Engineer-in-Charge and his decision shall be final and conclusive.

71.0 MATERIALS OBTAINED FROM DISMANTLING:

If the Contractor in the course of execution of the work is called upon to dismantle any part for reason other than those stipulated in clause 76 and 80 hereunder the materials obtain in the work of dismantling etc.,will be considered as the owners property and will be disposed off to the best advantage of the owner .

72.0 ARTICLES OF VALUE FOUND:

All gold, silver and other minerals of any description and all precious stones, coins, treasure relics, antiquities and other similar things which shall be found in, under or upon the SITE, shall be the property of the owner and the contractor shall duly preserve the same to the satisfaction of the Engineer-In-Charge and shall from time to time deliver the same to such person or peson indicated by the OWNER.

73.0 DESCRIPANCIES BETWEEN INSTRUCTIONS:

Should any discrepancy occur between the various instructions furnished to the Contractor, his agent or staff or any doubt arise as to the meaning of any such instructions or should there be any misunderstanding between the Contractor staff and the Engineer-In-Charge staff. The Contractor shall refer the matter immediately in writing to the Engineer-In-Charge whose decision thereon shall be final and conclusive and no claim for losses alleged to have been caused by such discrepancies between instruction, doubts, or misunderstanding shall in any event be admissible.

74.0 WORK IN MONSOON AND DEWATERING: 74.1 The execution of the work may entail working in the monsoon also. The Contractor must maintain a

minimum labour force as may be required for the job and plan and execute the construction and erection according to the prescribe schedule. No extra rate will be considered for such work in monsoon.

74.2 During the monsoon and other period, it shall be the responsibility of the Contractor to keep the

construction work site free from water at his own cost. 75.0 ACTION WHERE NO SPECIFICATION IS ISSUED:

In case of any class of work for which there is no SPECIFICATION supplied by the owner as mention in the tender documents such works shall be carried out in accordance with the Indian Standard Specifications don’t cover to the same, the work should be carried out as per standard Engineering practice subject to the approval of the Engineer-In-Charge.

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76.0 INSPECTION OF WORKS: 76.1 The Engineer-In-Charge will have full power and authority to inspect the work at any time wherever in

progress either on Site or at the Contractor’s premises/workshop wherever situated, premises/workshop of any person, firm for corporation where work in connection with contract ma be in hand or where materials are being or are to be supplied, and the contractor shall afford or procure for the Engineer-In-Charge every facility and assistance carry out such inspection. The CONTRACTOR shall, at all time during the usual workings hours and at all other time at which reasonable notice of the intention of the Engineer-In-Charge or his representative to visit the work shall have been given to the Contractor, either himself be present to receive orders and instructions, or have a responsible agent duly accredited in writing, present for the purpose. Orders given to the Contractor’s agent shall be considered to have the same force as if they had been given to the Contractor himself. The Contractor shall give not less than seven days notice in writing to the Engineer-In-Charge before covering up and otherwise placing beyond reach of inspection and measurement of any work in order that the same may be inspected and measured. In the event of breach of above the same shall be uncovered at Contractor’s expense for carrying out such measurement or inspection.

76.2 No material shall be dispatched from the contractor’s stores before obtaining the approval in writing of

the Engineer-In-Charge. The Contractor is to provide at all time during the progress of the work and the maintenance period, proper means of access with ladders, gangways etc. and the necessary attendance to move and adopt as directed for inspection or measurements of the work by the Engineer-In-Charge.

77.0 ASSISTANCE TO THE ENGINEER-IN-CHARGE :

The Contractor shall make available to the Engineer-In-Charge free of cost all necessary instruments and assistance in checking and setting out of works and in the checking of any works made by the contractor for the purpose of setting .out and taking measurements of work.

78.0 TESTS FOR QUALITY OF WORK/QUALITY ASSURANCE: 78.1 All workmanship shall be the respective kinds described in the contract document and in accordance

with the instructions of the Engineer-In-Charge and shall be subjected from time to time to such test at Contractor’s cost as the Engineer-In-Charge may direct at ,the place of manufacture or fabrication or on the site or at all or any such places. The Contractor shall provide assistance, instruments, labour and materials as are normally required for examining, measuring and testing any workmanship as may be selected and required by the Engineer-In-Charge

78.2 All the tests that will be necessary connection with the execution of the work as decided by the

Engineer-In-Charge shall be carried out at the field testing laboratory of the owner by paying the charges as directed by the owner from time to time .In case of non availability of testing facility with the Owner the required test shall be carried out at the cost of contractor at Government or any other testing laboratory as directed by the Engineer-In-Charge.

78.3 If any tests are required to be the carried out in conjunction with the work or materials or workmanship

not supplied by the contractor, such tests shall be carried out by the Contractor as per instructions of Engineer-In-Charge and cost of such tests shall be reimbursed by the Owner.

78.4 Bidder shall include in his offer the quality Assurance program containing the over all quality

management and procedures which is required to be adhered on during the execution of contract or after the award of the contract detailed quality assurance program to be followed for the execution of the contract under various divisions of work will be mutually discussed and agreed to.

The Contractor shall establish document and maintain an effective quality assurance system as outlined in recognized codes. Quality assurance System Plans/Procedure of the contractor shall be furnished in

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the form of a QA manual. This document should cover details of the personnel responsible for the quality assurance, plans or procedures to be followed for quality control in respect of design, Engineering, Procurement, supply, installation, testing and commissioning. The quality assurance system should indicate organizational approach for quality control and quality assurance of the construction activities, at all stages of workout at site as well as at manufacturer’s works and dispatch of materials. The Owner/CONSULTANT or their representative reserve the right to inspect/witness, review any or all stages of work at shop/site as deemed necessary for quality assurance.

79.0 SAMPLES FOR APPROVAL:

The Contractor shall furnish to the Engineer-In-Charge for approval, when requested or if required by the specifications, adequate samples of all materials and finished to be used in the Work. Such samples shall be submitted before the work is commenced and in sample time to permit tests and examinations thereof. All materials furnished and finishes applied in actual Work shall be fully equal to the approved samples.

80.0 ACTION AND COMPENSATION IN CASE OF BAD WORK:

If it shall appear to the Engineer-In-Charge that any work Has been executed with unsound, imperfect or unskilled workmanship, or with materials of inferior description, or that any materials or articles provided by the Contractor for the execution of works are unsound, or of a quality inferior to that contracted for, or otherwise not in accordance with the contract, the Contractor shall on deemed in writing for the Engineer-In-Charge or his authorized representative specifying the work, materials or articles complained of notwithstanding that the same may have been inadvertently passed, certified and paid for , forthwith rectify or remove and reconstruct the work so specified and provide other proper and suitable materials or articles at his own cost and in the event of failure to do so within the period specified by the Engineer-In-Charge in his demand aforesaid ., The Contractor shall be liable to pay compensation at the rate of 1%(one percent ) of the estimated cost of the whole work, for every week limited to a maximum of 10%(ten percent) of the value of the whole work , while his failure to do so shall continue in the case of any such failure the Engineer-In-Charge may on expiry of noticed period rectify or remove and re execute the work or removed or replaced with others , the materials or articles complained of to as the case may be at the risk and expense in all respect of the Contractor. The decision of the Engineer-In-Charge as to any question arising under this .clause shall be final and conclusive.

81.0 SUSPENSION OF WORKS:

i) Subject to the provisions of sub par (ii) of this clause, the Contractor shall if ordered in writing by the Engineer-In-Charge, or his representative, temporarily suspend .the works or any part thereof for such period and such time and so ordered and shall not after receiving such written order, proceed with the work therein ordered to be suspended until, he shall have, received a written order to proceed therewith. The Contractor, shall not be, entitled to claim compensation for any loss or damage sustained by him .by reason of temporary suspension of the work aforesaid. An extension of time for completion, corresponding with the delay caused by any such, Suspension of the works as aforesaid will be grant to the Contractor should be apply for the same provided that the suspension was not consequent to any default or failure in the part of the CONTRACTOR.

ii) In case of suspensions of entire work, ordered in writing by Engineer-In-Charge for a period of

more than three months, the CONTRACTOR shall have the option to terminate the CONTRACT.

\

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82.0 OWNER MAY DO PART OF WORK:

Upon failure of the contractor to comply with any instructions given in accordance with the provisions of this contract the owner has the alternative right, instead of assuming charge of entire work, to place additional labour force, tools, equipment's and materials on such parts of the work, as Owner may designate or also engage another contractor to carry out the work, In such cases, the Owner shall deduct from the amount which the otherwise might become due to the Contractor, the cost of such ,work and materials with fifteen percent (15%) added to cover all departmental charges and should the total amount thereof exceed the amount due to the CONTRACTOR , the ,Contractor shall pay the difference to the OWNER.

83.0 POSSESSION PRIOR TO COMPLETION :

The Engineer-In-Charge shall have right to take possession of or use any completed or partially completed work or part of the work. Such possession or use shall not be deemed to be an acceptance of any work. or completed in accordance with the contract agreement. If such prior possession or use by the Engineer-In-Charge delays the progress of work, equitable adjustment, of the time of completion will be made and the, contract agreement shall; be deemed to be modified accordingly.

84.0 TWELVE MONTHS PERIOD OF LIABILITY FROM THE DATE OF ISSUE OF

COMPLETION CERTIFICATE:

The Contractor shall guarantee the installation/work for a period of m12 months from the date of issue of completion certificate. Any damage or defect that may arise or lie undiscovered at the time of issue of completion certificate, connected in any way with the equipment or materials supplied by him or in the workmanship, shall be rectified or replaced by the Contractor at his own expense as deemed necessary by the Engineer-In-Charge or in default, the, Engineer-In-Charge may cause the same to be made good by the other Workmen and deduct expense (of which the certificate of Engineer-In-Charge shall be final) from any sums that may be then or at any time thereafter, become due to the Contractor or from his security deposit or the proceed of sale thereof or a sufficient part thereof.

84.1 FAILURE TO RECTIFY DEFECTS DURING LIABILITY PERIOD AND VARIATIONS:

If the Contractor fails to make good the defect noticed during, the liability period, the Owner shall carry out such works and recover the actual cost incurred towards labour, supervision, materials, and consumables or otherwise plus 100%(hundred percent) towards overhead from any pending bill/security deposit of the contractor.

If the contractor feels that any variations in work or any quality of materials or proportions would be beneficial or necessary to fulfill the guarantees called for, he shall bring this to the notice of the Engineer-In-Charge in writing.

84.2 EXTENDED LIABILITY ON CONTRACT PERFORMANCE GUARANTEE:

If during the period of liability any, portion of the work/equipment, is found defective and is rectified/replaced, the period of liability or such equipment/portion of work shall be operative from the date of such rectification/ replacement are carried out and contract performance guarantee shall be furnished separately for the extended period of liability for the portion of work/equipment only. Notwithstanding the above provisions the supplier’s, guarantees/warrantees for the replaced equipment shall also be passed on to the Owner.

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84.3 CARE OF WORKS:

From the commencement to completion of the work, the Contractor shall take full responsibility for the care of all works including all temporary works and in case any damages, loss or injury shall happen to the work or to any part thereof or to any cause. Whatsoever, shall at his own cost repair and make good the same so that t at completion the work shall be in good order and in conformity in every respect with the requirement of the contract and the Engineer-In-Charge’s instructions.

84.4 DEFECTS PRIOR TO TAKING OVER:

If at any time, before the work is taken over, the Engineer-In-Charge shall:

a) Decide that any work done or materials used by the contractor or by any sub-Contractor is defective or not in accordance with the CONTRACT, or that the works or any portion thereof are defective, or don't fulfill the requirements of contract (all such matter being herein after , called DEFECTs in this clause), and

b) As soon as reasonably practicable, gives to the Contractor notice in writing of the said decision,

specifying particulars of the defect alleged to exist or to have occurred that the Contractor shall at his own expenses and with all speed make good the defect so specified.

In case contractor shall fail to do so , the owner may take , at the cost of the Contractor, such step as may in all circumstances, be reasonable to make good such defects. The expenditure so incurred by the Owner will be recovered from the amount due to the Contractor. The decision of the Engineer-In-Charge with regard to the amount to be recovered from the Contractor will be final and binding on the Contractor. As soon as the work have been completed in accordance with the contract (except in minor respects that don't affect their use for the purpose for which they are intended and except for maintenance there of provided in clause 84.1 of General Condition of Contract) and have passed the tests on completion, the Engineer-In-Charge shall issue a certificate (hereinafter called completion Certificate) in which he shall certify the date on which the work have been so completed and have passed the said tests and the owner shall be deemed to have taken over the work on the date so certified . If the work have been divided into various groups in the CONTRACT, the OWNER shall be entitled to take over any group or groups before the other or others and there upon the Engineer-In-Charge shall issue a completion certificate which will, however, be for such group or groups so taken over only. In such an event if the group /section /part. so taken over is related to the integrated system of the work , not withstanding date of grant of completion certificate for group/section/part. The period of liability in respect of such group/section/part shall extend 12 (twelve) month from the date of completion of work.

84.5 DEFECTS AFTER TAKING OVER:

In order that the CONTRACTOR could obtain a COMPLETION CERTIFICATE he shall make good, with all possible speed, any defect arising from, the defective materials supplied by the CONTRACTOR or workmanship or any act or omission of the CONTRACTOR workmanship or any act or omission of the CONTRACT or that may have been noticed or developed, after the works or groups of the works has been taken over the period allowed for carrying out such work will be normally one month. If any defect be not remedied within a reasonable time, the OWNER may proceed to do the WORK at CONTRATOR’S risk and expense and deduct from the final bill such amount as may be decided by the OWNER.

If by reason of any default on the part of the CONTRACTOR a COMPLETION CERTIFICATE has not been issued in respect of any portion of the work within one month after the date of fixed, by the CONTRACT for the completion of the work , the Owner shall be at liberty to use the work or any portion thereof in respect of within a completion certificate has not been, provided that the work or the portion thereof so used as aforesaid shall be reasonably capable of being used that the CONTRACTOR

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shall be afforded reasonable opportunity for completing these works for the issue of Completion Certificate.

85.0 GUARANTEE / TRANSFER OF GUARANTEE:

For work like water-proofing, acid and alkali resisting materials, pre-construction soil treatment against termite or any other specialized works etc. the CONTACTOR shall invariably engage SUB-CONTRACTORS who are specialists in the field and firms of repute and such a SUB-CONTRACTOR shall furnish guarantees for their workmanship to the Owner, through the Contractor . In case such a SUB-CONTRACTOR /FIRM is not prepared to furnish a guarantee to the OWNER, the Contractor shall give that guarantee to the OWNER directly.

86.0 TRAINING OF OWNER’S PERSONNEL: 86.1 The Contractor undertakes to provide training without any cost to Engineering personnel selected and

sent by the Owner at the works of the Contractor without any cost to the Owner. The period and the nature of training for the individual personnel shall be agreed upon mutually between the Contractor and the Owner. These Engineering personnel shall be given special training at the shops, where the equipment will be manufactured and/or in their collaborator’s works and where possible, in any other plant where equipment manufactured by the CONTRACTOR or his collaborators is under installation or test to enable those personnel to become familiar with the equipment being furnished by the CONTRACTOR. OWNER shall bear only the to and fro fare of the said Engineering personnel

87.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS : 87.1 If during the progress of the work, OWNER /CONSULTANT shall decide and inform in writing to the

Contractor, that the unsound or imperfect or has furnished plant inferior to the quality specified, the Contractor on receiving details of such defects or deficiencies shall at his own expenses within (7) seven days of his receiving the notice, or otherwise within such time as may be reasonably necessary for making it good, proceed to alter, re-construct or remove such work and furnished fresh equipment's up to the standards of the specifications . In case the contractor fails to do so , Owner may on giving the Contractor 7 (seven) days notice in writing of his intentions to do so, proceed to remove the portion of the work so complained of and at the cost of Contractor perform all such works or furnish all such equipment's provided that nothing in the clause shall be deemed to deprive the owner of or affect any right under the contract, the owner may otherwise have in respect of such defects and deficiencies.

Contractor, that the unsound or imperfect or has furnished plant inferior to the quality specified, the Contractor on receiving details of such defects or deficiencies shall at his own expenses within (7) seven days of his receiving the notice, or otherwise within such time as may be reasonably necessary for making it good, proceed to alter, re-construct or remove such work and furnished fresh equipment's up to the standards of the specifications . In case the contractor fails to do so , Owner may on giving the Contractor 7 (seven) days notice in writing of his intentions to do so, proceed to remove the portion of the work so complained of and at the cost of Contractor perform all such works or furnish all such equipment's provided that nothing in the clause shall be deemed to deprive the owner of or affect any right under the contract, the owner may otherwise have in respect of such defects and deficiencies.

87.2 The Contractors full and extreme liability under his clause shall be satisfied by the payments to the

OWNER of the extra cost .of such replacements procured including erection/installation as provided for in the contract, such extra cause being the ascertained difference between the price paid by the Owner for the such replacements and the contract price portion for such defective plants and repayments of any sum paid by the owner to the Contractor in respect of such defective plant. Should the Owner not so replace the defective plant the Contractors extreme liability under this clause shall be limited to the repayment of all such sums paid by the Owner under the contract for such defective plant.

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88.0 DEFENCE OF SUITS:

If any action in any court is brought against the Owner and consultant or an officer an agent of the Owner , for the failure , omission or neglect on the part of the Contractor to perform any acts , matters, convenience or things under the contract, or damaged or injury caused by the alleged omission or negligence on the part of the Contractor, his agents, representatives or his sub-Contractors, or in connection with any claimed based on lawful demands of sub-contractors workmen suppliers or employees , the .Contractor , shall in such cases indemnify and keep the Owner, and consultant and / or their representatives fully indemnified and hold harmless from all losses, damages, expenses decrees arising out of such action .

89.0 CONSTRUCTION AIDS, EQUIPMENT'S, TOOLS & TACKLES: 89.1 Contractor shall be solely responsible for making available for executing the work, all requisite

CONSTRUCTION EQUIPMENT'S, Special aids, barges, cranes and the like, all tools, trackless and testing EQUIPMENT'S and appliance, including imports of such equipment's etc. as required In case of import of the same the rates Applicable for levying of custom duty on such Equipment, Tools, & Tackles and the duty drawback applicable there on shall be ascertained by the Contractor from the concerned authorities of Government of India. It shall be clearly understood that owner shall not in any way be responsible for arranging to obtain custom clearance and/or payment of any duties. and /or duty draw backs etc. for such equipment's so imported by the Contractor and the Contractor shall be fully responsible for all taxes, duties and documentation with regard to the same . Tendeer, in his own interest may contract, for any clarifications in the matter, the office of chief Controller or imports and exports, Ministry of Commerce, Govt. of India Udyog Bhawan, Maolana Azad Road, New Delhi-110001. All clarification so obtained and interpretations thereof shall be solely the responsibility of the CONTRACTOR.

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SECTION -VI

CERTIFICATES AND PAYMENTS 90.0 SCHEDULE OF RATES AND PAYMENTS: i) CONTRACTOR’S REMUNERATION:

The price to be paid by the OWNER to Contractor for the whole of the work to be done and for the performance of all the obligations undertaken by the Contractor under the contract documents shall be ascertained by the application of the respective schedule of rates (the inclusive nature of which is more particularly define by way of application but not of limitation, with the succeeding sub-clause of this clause) and payment to be made accordingly for the work actually executed and approved by the Engineer-In-Charge . The sum so ascertained shall (excepting only as and to the extent expressly provided herein) constitute the sole and inclusive remuneration of the Contractor under the contract and no further or other payment whatsoever shall be or become due or payable on the Contractor under the Contract.

ii) SCHEDULE OF RATES TO BE INCLUSIVE:

The price /rates quoted ( i ) CONTRACT price by the Contractor shall remain firm till the issue of final completion certificate and shall not be subject to escalation. Schedule of rates shall be deemed to include and cover all costs, expenses and liabilities of every description and all risks of every kind to be taken in executing, completing and handing over the work to the OWNER by the CONTRACTOR . The Contractor shall be deemed to have known the nature, scope, magnitude and the extent of the works and materials required through the contract document may not fully and precisely furnish them. He shall make such provision in the schedule of rates, as he may consider necessary to cover the cost of such items of work and materials as may be reasonable and necessary to complete the works. The opinion of the Engineer-In-Charge as to the items of work which are necessary and reasonable for completion of work shall be final and binding on the CONTRACTOR, although the same may not be shown on or described specifically in contract documents.

Generality of this present provision shall not be deemed to cut down or limited in any way because in certain cases it may and in other cases it may not be expressly stated that the contractor shall do or perform a work or supply articles or perform services at his own cost or without addition payment or without extra charge or words to the same effect or that it may be stated or not stated that the same are included in and covered by the schedule of rates.

iii) SCHEDULE OF RATES TO COVER CONSTRUCTION EQUIPMENT'S, MATERIALS,

LABOUR ETC.

Without in any way limiting the provisions proceeding sub-clause the schedule of rates shall be deemed to include and cover the cost of all constructional plant temporary work ( except as provided for herein) ,pumps, materials, labour, insurance, fuel, consumables, stores, and appliances to be supplied by the contractor and all other matters in connection with each item in the schedule of rates and the execution of the works or any portion thereof furnished, complete in every respect and maintained as shown or described in the contract documents or as may be ordered in writing during the continuance of the contract .

iv) SCHEDULE OF RATES TO COVER ROYALITIES, RENTS, AND CLAIMS:

The schedule of rates (i.e. CONTRACT price) shall be deemed to include and cover the cost of all royalties and fees for the articles and processes, protected by letters, patent or otherwise in corporate in or used in connection with the works, also all royalties, rents and other payment in connection with

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obtaining materials of whatsoever kind for the works and shall include an in demnmity to the Owner which the Contractor hereby gives against all actions, proceedings, claims, damages, costs and expenses arising from the incorporation in or used on the works of any such articles , processes or materials,. Octroi or other municipal or local Board Charges, if levied on materials, equipment or machinery’s to be brought to site for use on works shall be borne by the Contractor

v) SCHEDULE OF RATES TO COVER TAXES AND DUTIES:

No exemption or reduction of customs duties, excise duties, sales tax on works contract quay or any port dues, transport charges, stamp duties or central or state Government or Local Body or Municipal Taxes or duties, taxes or charges (from or of any other body), whatsoever, either prevailing as on date and/or as may be levied in future will be granted or obtain, all of which expenses shall be deemed to be included in and covered by the schedule of rates. The Contractor shall also obtain and pay for all permits or other privileges necessary to complete the work.

vi) SCHEDULE OF RATES TO COVER RISKS OF DELAY:

The schedule of rates shall be deemed to include and cover the risk of all possibilities of delay and interference with the Contractor’s conduct of works which occur from any clause including orders of the owner in the exercise of his power and on account of extension of time granted due to various reason and for all other possible or probable causes of delay.

vii) SCHEDULE OF RATES CANNOT BE ALTERED:

For work under unit basis, no alteration will be allowed in the schedule of rates by reason of works or any part of them being modified altered, extended, diminished or committed. The schedule of rates are fully inclusive of rates which have been fixed by the Contractor and agreed to by the Owner and cannot be altered.

For lump sums Contracts, the payment will be made according to the work actually carried out , for which purpose an items wise , or work wise schedule of rates shall be furnished suitable for evaluating the value of work done and preparing running account bill .

91.0 PROCEDURE FOR MEASUREMENT AND BILLING OF WORK IN PROGRESS: 91.1 BILLING PROCEDURE:

Following procedures shall be adopted for billing of works executed by the Contractor. 91.1.1 All measurements shall be recorded in Quadruplicate on standard measurement sheets/ books supplied

by the owner and submitted to CONSULTANT for scrutiny and passing. 91.1.2 Consultant shall scrutinise check the measurements recorded on the sheets/ books and shall certify

correctness of the same on the measurement sheets/books

The Contractor will be allowed to prepare and submit the bills in a month in following manner.

Only one payment in month would be released either or measured or of unmeasured.

In exceptional cases more than one payment can be released provided the terms of the contract so envisage. Alternate bill must be a measured bill

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Measured bill, as certified by Engineer-In-Charge after recovering the amount paid towards Unmeasured Bill/SD/MA/SA and other recoveries as per provision of the contract agreement.

91.1.3 Consultant shall pass on the bills after carry out the comprehensive checks in accordance with the terms

and conditions of the contract, to the Owner. 91.1.4 Measurements shall be recorded as per the methods of measurement spelt out in specifications/Contract

document. Consultant shall be fully responsible for checking the measurements quantitatively as recorded in the measurement Books/Bills.

91.1.5 While preparing the final bills overall measurements will not be taken again. Only volume of work

executed since the last measured bill alongwith summary of final measurements will be considered for the final bill. However, a detailed check shall be made as to missing items, or measurements the same shall; be recorded.

91.2 SECURED ADVANCE ON MATERIALS:

In case of tenders for completed item of work, Contractor may be allowed Secured Advance, on the security of materials brought to site for execution of the Contracted item of work to the extent of 75% of the value of materials as assessed by the Engineer-In-Charge provided that the materials are of an imperishable nature and that a formal agreement is drawn-up with the Contractor under which the Owner secures a lien on the materials and so is safeguarded against losses due to the Contractor postponing the execution of the work or to the storage or misuse of the materials and against the expense entitled for their proper watch and safe custody. Recoveries of advances so made would not be postponed until the whole of the work entrusted to the Contractor is completed. They should be adjusted from his bills for work done as the materials are used, the necessary deductions being made whenever the items of work in which they are used are billed for.

91.3 DISPUTE IN MODE OF MEASUREMENT:

In case or any dispute as to the mode of measurement not covered by the contract to be adopted for any item of work, mode of measurement as per latest Indian Standard Specifications shall be followed

91.4 ROUNDING OF AMOUNTS:

In calculating the amount of each item to the Contractor in every certificate prepared for payment, sum of less than 50 paise shall be omitted and the total amount on each certificate shall be round off to the nearest rupees, i e. Sum of less than 50 paise shall be omitted and sum of 50 paise and more uppto one rupee shall be reckoned as one rupee.

92.0 LUMP-SUMS IN TENDER:

For the item in tender where it includes lump-sum in respect of parts of work, the Contractor shall be entitled to payment in respect of the items at the same rates as repayable under this contract for such items, or if the part of the work in question is not, in the opinion of the Engineer-In-Charge capable of measurement or determination, the Owner may at his discretion pay the lump-sum amount entered in the tender or a percentage thereof and the certificate in writing of the Engineer-In-Charge shall be final and conclusive against the Contractor with regard to any sum or sums payable to him under the provision of this clause.

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93.0 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES:

All running accounts payment shall be regarded as payments by way, of advance against the final payment only and not payments for work actually done and completed and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be removed and taken away are reconstructed or re-erected or be considered as an admission of the due performance of the Contract, or any part thereof, in his respect, or of the accuring of any claim by the Contractor, nor shall it conclude, determine or affect in anyway the powers of the Owner under these conditions or any of them as to the final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the Contract . The final bill shall be submitted by the Contractor within one month of the date of physical completion of the work, otherwise, the Engineer-In-Charges certificate of the measurement and of total amount payable for the work accordingly shall be final and binding on all parties.

94.0 NOTICE OF CLAIMS FOR ADDITIONAL PAYMENTS: 94.1(a) Should the Contractor consider that he is entitled to any extra payment or compensation or to make any

claim whatsoever in respect of the works he shall forthwith give notice in writing to the Engineer-In-Charge that he claims extra payment and /or compensation. Such notice shall be given to the Engineer-In-Charge within ten days from the ordering of any work or happening of any event upon which the contractor bases such claim and such notice shall contain full particulars of the nature of such claim with full details and amount claimed. Failure on the part of the Contractor to put forward any claim with the necessary particulars as above within the time above specified shall be and absolute waiver thereof. No omission by the Owner to reject any such claim and no delay in dealing therewith shall be by the owner of any rights in respect thereof.

94.1(b) The Contractors agrees, and undertakes, that if the claims are not raised within the said period of 10

days as above mentioned, then he shall be stopped and debarred from raising such claims latter on in arbitration proceeding or before any Court of Law. Such claims if presented before arbitrator shall be deemed to be rejected by the Arbitrator and shall be liable to be summarily dismissed forth with.

94.2 Owner shall review such claims within a reasonable period of time and cause to discharge these in a

manner considered appropriate after due deliberations thereon. However, Contractor shall be obliged to carry on with the work during the period in which his claims are under consideration by the Owner, irrespective of the outcome of such claims.

Where additional payments for works considered extra are justifiable in accordance with the Contract

provisions, Owner shall arrange to release the same in the same manner as for normal work payments. Such of extra works so admitted by Owner shall be governed by all the terms, conditions, stipulations and specifications as are applicable for the contract. The rates for extra work shall generally be the unit rates provided for in the Contract. In the event unit rates for extra works so executed are not available as per Contract, payments may either be released on day work basis for which daily/hourly rates for workmen and hourly rates for equipment rental shall apply, or on the unit rate for work executed shall be derived by interpolation of unit rates already existing in the Contract. In all the matters pertaining to applicability rate and admittance or otherwise of an extra work claim of Contractor the decision of Engineer-In-Charge shall be final and binding.

95.0 PAYMENT OF CONTRACTOR’S BILL:

No payment shall be made for works estimated to cost less than RS. 20,000/- till the whole of the work shall have been completed and a certificate of completion given. But in case of works estimated to cost more than RS. 20,000/- that contractor no submitting the bill thereof be entitled to receive a monthly payment proportionate to the part thereof approved and passed by the Engineer-In-Charge, whole certificate of such approval and passing of the same so payable shall be final and conclusive against the

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Contractor. This payment will be made after making necessary deduction as stipulated else where in the contract document for materials, security deposit etc.

Payments due to the contractor shall be made by the Owner if so directed by the Owner by Account Payee check forwarding the same to registered office or the notified office of the contractor. In no case will Owner be responsible if the check is mislaid or misappropriated by unauthorised person/persons. In all cases, the contractor shall present his bill duly pre-receipted on proper revenue stamp.

All payments shall be made in Indian currency.

96.0 RECEIPT FOR PAYMENT:

Receipt for payment made on account of work when executed by a firm, must be signed by a person holding the power of attorney in his respect on behalf of Contractor, except when the Contractors are described in their tender as a Limited Company, in which case the receipt must be signed in the name of by Company by one of its principal officers or by some other person having authority to give effectual receipt for Contractor.

97.0 COMPLETION CERTIFICATE: 97.1 APPLICATION FOR COMPLETION CERTIFICATE:

When the fulfills his obligations under 84.4 he shall be eligible to apply for COMPLETION CERTIFICATE,. The Contractor may apply for separate completion certificate in respect of each such portion of the work by submitting the completion document along with such application for COMPLETION CERTIFICATE,

The Engineer-In-Charge shall normally issue to the Contractor the COMPLETION CERTIFICATE within one month after receiving an application therefor from the Contractor after verifying from the completion documents and satisfying himself that the work has been complete in accordance with and as set out in the construction and extension drawings and the Contractor Documents.

The Contractor after obtaining the COMPLETION CERTIFICATE is eligible to present the final bill for the work executed by him under the terms of CONTRACT.

97.2 COMPLETION CERTIFICATE:

Within one month of the completion of the work in all respects, the CONTRACTOR shall be furnished with a certificate by the Engineer-in-Charge of such completion, but no completion certificate shall be given nor shall the work be deemed to have been executed until all the scaffolding, surplus materials and rubbish is cleared off the site completely nor until the work shall have been measured by the Engineer-In-Charge, whose measurement shall be binding and conclusive. The work will not be considered as complete and taken over by the Engineer-in-Charge, until all the TEMPORARY WORK, labour and staff colonies etc. Constructed are removed and work site cleared to the satisfaction of the Engineer-In-Charge.

If the contractor shall fail to comply with the requirements of this clause on or before the date fix for the completion of the work., the Engineer-In-Charge may the expense of the Contractor remove such scaffolding, surplus materials and rubbish and dispose of the same as the thinks fit, and clean of such dirt as aforesaid, and the Contractor shall forthwith pay the amount of all expense so incurred and shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

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97.3 COMPLETION CERTIFICATE DOCUMENTS:

For the purpose of clause 97.0 the following documents will be deemed to form the completion documents.

i) The technical documents according to which the work was carried out.

ii) Six sets of construction drawings showing therein the modification and correction made during

the course of execution duly signed by the Engineer-In-Charge.

iii) Completion certificates for the “embedded:” and covered up works.

iv) Certificate of final levels as set out for various works.

v) Certificate of tests performed for various works.

vi) Materials appropriation Statement for the materials issue by OWNER for the work and list of surplus materials returned to Owner’s stores duly supported by necessary documents.

98.0 FINAL DECISION AND FINAL CERTIFICATE:

Upon the expiration of the period of the ability and such subject of the Engineer-In-Charge being satisfied the work has been duly maintained by the Contractor during the monsoon or such period as here in before provided in clause 84.1 and that the Contractor has in all respects duly made up any subsidence and performed all his obligations under the contract, the Engineer-In-Charge shall (without prejudice to the rights of the Owner to retain the provisions of relevant clause thereof) otherwise give a certificate herein refereed to as the FINAL CERTIFICATE to that efficient on the Contractor shall be not considered to have fulfill the whole of his obligations under the contract until FINAL CERTIFICATE shall have given by the Engineer-In-Charge notwithstanding any previous entry upon the work taking procession, working or using of the same or any part thereof by the OWNER.

99.0 CERTIFICATE AND PAYMENTS NO EVIDENCE OF COMPLETION:

Except final certificates or payment against a certificate or on general account shall be taken to be an admission by the Owner on due performance of the contract or any part thereof or of occupancy or validity of any claim by the contractor.

100.0 DEDUCTIONS FROM THE CONNTRACT PRICE:

All costs, damages or expenses which Owner may have paid or incurred, which under the provision of the contract, the contractor is liable, will be claimed by the Owner. All such claims be billed by the Owner to the Contractor regularly as and when they fall due. Such bills shall be supported by appropriate and certified vouchers or explanations to enable the contractor to properly identify such claims. Such claims shall be paid by the contractor within 15 (fifteen) days of the receipt of the corresponding bills and if not paid by the Contractor within the said period, the owner may then deduct the amount for many moneys due or becoming due to the contractor under the contract or maybe recovered by actions of law or otherwise, if the contractor fails to satisfy the Owner of such claims.

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SECTION –VII

TAXES AND INSURANCE 101.0 TAXES DUTIES, OCTROLETC: 101.1 The Contractor agrees to and does hereby accept full and exclusive liability for the payment of any and

all taxes , duties, including,excise duty , Octoris etc. now or hereafter imposed, increased or modified , and all the sales taxes, duties , octoris etc. now in force and hereafter increased, imposed, or modified, from time to time in respect of works and materials and all contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now or hereafter impose by any Central or State Government authorise which are imposed with respect to or covered by the wages, salaries, or other compensations paid to the person employed by the Contractor and the contractor shall be responsible for the compliance with all obligations and restrictions imposed by the Labour Law or any other law affecting employer-employee relationship and the contractor further agrees to comply , and to secure the compliance of all sub-contractors , with all applicable Central, State, Municipal and local law and regulation and requirement of any Central, State or local Government agency or authority .Contractor futher agrees to defend, indemnify and hold OWNER harmless from any liability or penalty which may be imposed by the Central, State or Local authorities by reasons of any violation by the Contractor or Sub-Contractor of such law, regulations or requirements and also from all claims, suits for proceedings that may be brought against the OWNER arising under, growing out of , or by reason of the work provided for by this CONTRACT, by third parties, or by Central or State Government authority or any administrative sub-division thereof.

Tax deducting will be made as per the rules and regulation and force, in accordance with acts prevailing from time to time.

102.0 SALES TAX/TURN OVER TAX:

Tenderer should quote all inclusive prices including the liability of Sales Tax/ Turn Over Tax whether on the works contracts a whole or in the respect of brought out components used by the Contractor in execution of the Contract. Owner shall not be responsible for any such liability of the contractor in respect of this contract.

103.0 EXCISE DUTY (ON WORKS CONTRACT ONLY):

Excise duty on items fabricated at site, if applicable at a latter that will be paid by OWNER at actual s, on production of documentary evidence(s).

Tendered should quote prices inclusive of excise duty applicable on furnished product. However, in variations in excise duty of finished product shall be , to the Owners account and contractor will furnish documentary evidence(s) in support of their claims to Owner.

104.0 INSURANCE: 104.1 GENERAL:

Contractor shall at his own expense arrange secure and maintain insurance with reputable insurance companies to the satisfaction of the owner as follows:

Contractor at his cost shall arrange secure and maintain insurance as may be necessary and to its full value for all such amount to protect the works in progress from time to time and the interest of owner

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against all as detailed herein. The form and the limit of such insurance, s defined here in together with the under works thereof in each case should be as acceptable to the Owner. However, irrespective of work acceptance the responsibility to maintain adequate insurance coverage at all times during the period, of contract shall be that of Contractor alone. Contractor failure in this regard shall not relieve him of any of his responsibilities and obligations under contract.

Any loss or damage to the equipment, during ocean transportation, port /custom clearance, in land and port handling, inland transportation, storage, erection and commissioning till such time the work is taken over by OWNER, shall be to the account of CONTRACTOR.

Statutory clearances, if any, in respect of foreign supply required for the purpose of replacement of equipment lost in transit and /or during erection, shall be made available by the Owner.

CONTRACTOR as far as possible shall cover insurance with Indian Insurance Companies, including marine Insurance during ocean transportation.

i) EMPLOYEES STATE INSURANCE ACT:

The Contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed by the employee State Insurance Act 1948 and the Contractor further agrees to defend, indemnify and hold Owner harmless for any liability or penalty which may be imposed by the Central, State or Local authority by reason of any asserted violation by contractor or Sub-Contractor of the employees, State Insurance Act, 1948, and also all claims, suits or proceeding that may be brought against the owner arising under growing out of or by reasons of the work provided by this contractor whether brought by employees of the Contractor, by third parties or by Central or State Government authority or any political sub-division thereof.

The Contractor agrees to fill in with the Employee’s State Insurance Corporation, the declaration Forms, and all forms which may be required in respect of the Contractor’s or Sub Contractor’s employees, who are employed in the work provided for or those covered by ESI from time to time under the agreement.

The Contractor shall deduct and secure the agreement of the sub-Contractor to deduct the employee’s contribution as per the first schedule of the Employees State Insurance Act from wages and affix the employees contribution Card at wages payment intervals. The Contractor shall remit and secure the agreement of the sub-contractor to remit to the State bank of India, Employees State Insurance Corporation Account, the Employees contribution as required by the act. The contractor agrees to maintain all cards and records as required under the Act in respect of employees and payments and the contractor shall secure the agreement of the sub-Contractor to maintain such records. Any expenses incurred for the contributions, making contribution or maintaining records shall be to the Contractor’s or Sub-Contractor’s account.

Owner shall retain such sum as may be necessary from the total VALUE OF CONTRACT until the Contractor shall furnish satisfactory proof that all contributions as required by the Employees State Insurance Act, 1948, have been paid. This will be pending on the CONTRACTOR when the ESI Act is extended to the place of work.

ii) WORKSMEN’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE:

Insurance shall be effected for all the Contractor’s employees engaged in the performance of this Contract. If any of the work is sublet, the Contractor shall require the Sub-Contractor to provide workman’s compensation and employer’s liability insurance for the latter’s employees if such employees are not covered under the Contractor’s Insurance.

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iii) ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATIONS OR BY OWNER:

Contractor shall also carry or maintain any and all other insurance (s), which he may be required under any law or regulation from time to time without any extra cost to OWNER. He shall also carry and maintain any other which may be required by the OWNER.

iv) ACCIDENT OR INJURY TO WORKMEN:

Owner shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the Employment in the CONTRACTOR or any sub Contractor save and except an accident or injury resulting from any act or default of the owner, his agents or servants and the Contractor shall indemnify and keep indemnified the owner against all such damages and compensation (save and except and aforesaid) and against all claims, demands, proceeding, costs, charges and expenses, whatsoever in respect or in relation thereto.

v) TRANSIT INSURANCE:

In respect of all items to be transported by the Contractor to the site of work, the costs of transit insurance should be borne by the Contractor and the quoted price shall be inclusive of this cost.

105.0 DAMAGE TO PROPERTY OR ANY PERSON OR ANY THIRD PARTY:

i) Contractor shall be responsible for making good to the satisfaction of the owner any loss or any damage to structures and properties belonging to the OWNER or being executed or procured or being procured by the OWNER or of other agencies with in the premises of all the work of the OWNER, if such loss or damage is due to fault and/or the negligence or willful acts or omission of the Contractor, his employees, agents, representatives or SUB-CONTRACTORs.

ii) The Contractor shall take sufficient care in moving his plants, equipment's and materials from

one place to another so that they don't cause any damage to any person or to the property of the owner or any third party including overhead and underground cables and in the event of any damage resulting to the property of the OWNER or of a third party during the movement of the aforesaid plant, equipment or materials the cost of such damages including eventual loss of production, operation or services in any plant or establishment as estimated by the OWNER or ascertained or demanded by the third party shall be borne by the CONTRACTOR. Third party liability risk shall be Rupees Two Lakh for single accident and limited to Rupees Ten Lakhs.

iii) The Contractor shall indemnify and keep the OWNER harmless of all claims for damage to

property other than the OWNER’s property arising under or by reason of this agreement, if such claims result from the fault and /or negligence or with full acts or omission of the Contractor, his employees, agents, representative of SUB-CONTRACTOR.

iv) The agency should consider within his quoted rates, the third party liability insurance.

DAMAGE TO PROPERTY:

i) CONTRACTOR shall be responsible for making good to the satisfaction of the OWNER any

loss or any damage to structures and properties belonging to the OWNER or being executed or procured or being procured by the OWNER or of other agencies with in the premises of all the work of the OWNER, if such loss or damage is due to fault and /or the negligence or willful acts or omission of the Contractor, his employees, agents, representatives or Sub-Contractor.

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ii) Contractor shall indemnify and keep the OWNER harmless of all claims for damage to property other then the OWNER’s property arising under or by reason of this Contract, if such claims result from the fault and /or negligence or willful acts or omission of the CONTRACTOR, his employees, agents, representative of Sub-Contractors.

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SECTION- VIII

LABOUR LAWS AND ARBITRATION 106.0 LABOUR LAWS:

i) No labour below the age of 18 (eighteen) years shall be employed on the work. ii) The Contractor shall not pay less than what is provided under law to laborers engaged by him

on the work. iii) The Contractor shall at his expense comply with all labour laws and keep the OWNER

indemnified respect thereof. iv) The Contractor shall pay equal wages for men and women in accordance with applicable labour

laws. v) If the Contractor is covered under the Contractor labour (Regulation and Abolition)Act, he shall

obtain a license from a licensing authority ( i.e. office of the labour commissioner) by the payment of necessary prescribed fee and the deposit, if any, before starting the work under the Contract. Such fee deposit shall be borne by the Contractor

v) (a) Contractors labour shall no privity with owner nor any Employer-Employee relationship with

the OWNER nor shall Owner be constructed as principal employer vis-à-vis such Contractor’s Labour for whom the principal Employer for purpose of contract Labour (Abolition & Regulation) Act be the contractor.

vi) The contractor shall employ labour in sufficient numbers directly or through Sub-Contractors to

maintain the required rate for progress and of quality to ensure workmanship of the degree specified in the Contract and to the satisfaction of the Engineer-In-Charge.

vii) The Contractor shall furnish the Engineer-In-Charge the distribution return of the number and

description, by trades of the workpeople employed on the works. The contractor shall also submit on the 4Th and 19Th of every month to the Engineer-In-Charge a true statement showing in respect of the second half of the preceding month and the 1st half of the current month (1) the accident that occurred during the said fortnight showing the circumstances under which they happened and the extent of damage and injury caused by them and (2) the number of female workers who have been allowed Maternity Benefit as provided in the Maternity Benefit Act 1961 or rules made there under and the amount paid to them.

viii) The Contractor shall comply with the provisions of the payment of Wages Act1936, Minimum

Wages Act 1948, Employers Liability Act 1938, Workmen’s compensation Act 1923, Industrial Disputes Act 1947, the Maternity Benefit Act 1961 and Contract Labour regulation and abolition Act 1970, Employment of children Act1938 or any modifications thereof or any other law relating thereto and rules made there under from time to time.

ix) The Engineer-In-Charge shall on a report having been made by an Inspecting officer as defined

in Contract Labour ( Regulation and Abolition)Act 1970 have the power to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non fulfillment of the conditions the Contract for benefit of workers nonpayment of wages or of deductions made from his or their wages which are no justified by the terms of the Contract or non observance of the said regulations

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x) The Contractor shall indemnify the Owner against any payments to be made under and for the observance of the provisions of the aforesaid Acts without prejudice to his right to obtain indemnity from his Sub-Contractors. In the event of the Contractor committing a default or breach of any of the provisions of the aforesaid Acts as amended from time to time , of furnishing any information or submitting or filling and Form/Register/Slip under the provisions of these Acts which is materially incorrect then on the report of inspecting Officers, the Contractor shall without prejudice to any other liability pay to the Owner a sum not exceeding RS.50.00 as liquidated damages for every default, breach or furnishing, making, submitting, filling materially incorrect statement as may be fixed by the Engineer-In-Charge and in the event of the Contractor’s default continuing in this respect, the liquidated damages may be enhanced to RS.50.00 per day for each day of default subject to a maximum of one percent of this estimated cost of the Works put to tender. The Engineer-In-Charge shall deduct such amount from bills or security deposit of the Contractor and credit the same to the Welfare Fund constituted under these Acts. The decision of the Engineer-In-Charge in this respect shall be final and binding.

107.0 IMPLEMENTATION OF APPRENTICES ACT,1961 / PROVIDENT FUND ACT: 107.1 The Contractor shall comply with the provisions of the Apprentices Act 1961 and the rules and orders

issued thereunder from time to time. If he fails to do so, his failure will be a breach of the Contract and the Engineer-In-Charge may, at his discretion, cancel the Contract.The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the Act.

107.2 The Contractor should strictly comply with the provisions of the Employees provident Fund Act.

It is to be noted that the subject contract would be awarded only to those agencies who have fulfilled the following requirements:

a) Obtained License under Labour (Abolition and Regulation) Act 1970and submitted to

CONSULTANT b) P.F. Registration number allotted to them by RPFC and submitted to CONSULTANT. c) The agencies should promptly deposit PF. Deduction of the eligible contract employees plus the

employers’ contribution to the R.P.F.C. For this purpose agency must submit a certificate in their bill that PF amount has been deducted from the eligible employees and alongwith employers’ contribution has been deposited with R.P.F.C. In support of this, the agency must furnish the challan/receipt for the payment to R.P.F.C for the earlier months.

d) If the certificate and the challan/receipt referred to in clause 107.2 (c) above are not furnished, the

Finance and Accounts deptt of NRL will deduct 16% (sixteen percent) of the amount of the Contractor’s bill and retain it as deposits may only be refunded to the Contractor on production of the challan/Receipt.

108.0 CONTRACTOR TO INDEMNIFY THE OWNER:

i) The Contractor shall indemnify the Owner and every member office and employee of the Owner, also the Engineer-In-Charge and his staff against all actions, proceedings, claims, demands, costs and expenses whatsoever arising out of or in connection with the matters referred to in clause 105.0 and elsewhere and all actions, proceedings, claims, demands, costs and expenses which may be made against the OWNER for or in respect of or arising out of any failure by the CONTRACTOR in the performance of his obligations under the Contract Documents. The Owner shall not be liable for or in respect of any demand or compensation payable by law in respect or in consequence of any accident or injury to any workmen or other

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person. In the employment of the Contractor or his Sub-Contractor the Contractor shall indemnify and keep indemnified the Owner against all such damages and compensations and against all claims, damages, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

ii) PAYMENT OF CLAIMS AND DAMAGES:

Should the OWNER have to pay any money in respect of such claims or demands as aforesaid the amount so paid and the costs incurred by the OWNER shall be charged to and paid by the CONTRACTOR and the Contractor shall not be at liberty to dispute or question the right of the OWNER to make such payments notwithstanding the same may have been made without the consent or authority or in law or otherwise to the contrary.

iii) In every case in which by virtue of provisions of Section 12, Sub-section (i) of workmen’s

compensation Act,1923 or other applicable provision of Workmen Compensation Act or any other Act, the OWNER is obliged to pay compensation to a workman employed by the Contractor in execution of the work, the OWNER will recover from the Contractor the amount of the compensation so paid, and without prejudice to the rights of Owner under section 12 subsection 2 of the said Act, OWNER shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due to the Contractor whether under this Contractor, otherwise. The Owner shall not be bound to contest any claim made under section 12, Sub-Section (i) of the said Act, except on the written request of the Contractor and upon his giving to the OWNER full security for all costs for which the Owner might become liable in consequence of contesting such claim.

109.0 HEALTH AND SANTARY ARRANGEMENTS FOR WORKERS:

In respect of all labour directly employed in the works for the performance of the Contractor’s part of his agreement, the Contractor shall comply with or cause to be complied with all the rules and regulations of the local sanitary and other authorities or as framed by the Owner from time to time for the protection of health and sanitary arrangements for all workers.

The Contractor shall provide in the labour colony all amenities such as electricity, water and other sanitary and health arrangements. The Contractor shall also provide necessary surface transportation to the place of work and back to the colony for their personnel accommodated in the labour colony.

110.0 ARBITRATION: clause 110.1 has been modified . Please refer to Annexure-7 for the same. 110.1 All disputes of difference whatsoever which shall at any time arise between the parties hereto touching

or concerning the works or the execution or maintenance thereof of this contract or the rights touching or concerning the works or the execution effect thereof or to be rights or liabilities or the construction meaning operation or effect thereof or to the rights or liabilities of the parties or arising out of or in relation thereto whether during or after completion of the Contract or whether before or after determination, foreclosure or breach of the contract ( other than those in respect of which the decision of any person is by the contract express to be final and binding) shall be endeavor to be amicably settled by the parties in the following manner:

a) At the first instance by the Engineer-In-Charge. b) At the second instance by the chief Executive of NRL and c) In case party is not satisfied matter will be referred to Indian Council of Arbitration(ICA) with

the following arbitration clause:

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“All disputes or deference whatsoever arising between the parties out of or relating to the construction, meaning and operation or effect of this Contract or the breach thereof shall be settle by arbitration in accordance with the rules of arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties”

110.2 FOR THE SETTLEMENT OF DISPUTES BETWEEN GOVERNMENT DEPARTMENT AND

ANOTHER AND ONE GOVERNMENT DEPARTMENT AND PUBLIC ENTERPRISE AND ONE PUBLIC ENTERPRISE AND ANOTHER THE ARBITRATION SHALL BE AS FOLLOWS:

“In the event of any dispute or difference between the parties hereto, such dispute or difference shall be resolved amicably by mutual consultation or through the good offices of empowered agencies of the Government. If such resolution is not possible, then, the unresolved dispute or difference shall be referred to arbitration of an arbitrator to be nominated by secretary, department of Legal Affairs (Law Secretary) in terms of the office Memorandum No. 55/3/1/75-CF,. Dated of 19Th December1975 issued by the Cabinet Secretariat (Department of Cabinet Affairs), as modified from the time to time. The Arbitration Act 1940 (10 of 1940) shall not be applicable to the arbitration under this clause. The award of the Arbitration shall be binding upon parties to the dispute. Provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award, to Law Secretary whose decision shall bind the parties finally and conclusively.

111.0 JURISDICTION: Clause 111 has been modified . please refer to para (h) of Annexure –7 for the

same.

The Contract shall be governed by and construed according to the laws in force in India. The Contractor hereby submits to the jurisdiction of the situated at Guwahati for the purpose of disputes, actions and proceedings arising out of the Contract and the courts at Guwahati only will have the jurisdiction to hear and decide such disputes, action and proceedings.

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SECTION-IX

SAFETY CODE 112.0 GENERAL:

CONTRACTOR shall adhere to safe construction practice and guard against hazardous, and un safe working conditions and shall comply with the owner’s safety rules as set forth herein. Prior to start of construction, CONTRACTOR will be furnished copies of Owner’s “safety code” for information and guidance, if it has been prepared.

112.1 FIRST AID AND INDUSTRIAL INJURIES:

i) CONTRACTOR shall maintain first aid facilities for its employees and those of its SUB-CONTRACTOR.

ii) CONTRACTOR shall make outside arrangement for ambulance service and for the treatment of

industrial injuries. Names of those providing these services shall be furnished to OWNER prior to start of construction and their telephone numbers shall be prominently posted in CONTRACTOR’S field office.

iii) All critical industrial injuries shall be reported promptly to owner, and a copy of

CONTRACTOR’S report covering each personal injury requiring the attention of a physician shall be furnished to the OWNER.

113.0 SAFETY REGULATIONS:

i) In respect of all labour, directly or indirectly employed in the work for the performance of Contractor’s part of this agreement, the Contractor shall at his own expense arrange for all the safety provisions as per safety codes of C.P.W.D. Indian Standards Institution, The Electricity Act, The Mines Act and such other acts as applicable.

ii) The Contractor shall observe and abide by all fire and safety regulations of the OWNER, Before

starting construction work CONTRACTOR shall consult with OWNER’s safety Engineers or Engineer-In-Charge and must make good to the satisfaction of the OWNER any loss or damage due to fire to any portion of the work done or to be done under this agreement or to any of the OWNER’s existing property.

114.0 GENERALS RULES:

Smoking within the battery area, tank farm or dock limits is strictly prohibited. Violators of the no smoking rules shall be discharged immediately.

115.0 CONTRACTOR’S BARRICADES:

i) CONTRACTOR shall erect and maintain barricades required in connection with his operation to guard or protect

a) Excavations. b) Hoisting Areas. c) Areas adjudged hazardous by CONTRACTOR’s or OWNER’s inspections.

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d) OWNER’s existing property subjected to damage by CONTRACTOR’s operations. e) Rail road unloading spots

ii) CONTRACTOR’s employees and those of his SUB-CONTRACTOR’s shall become acquainted

with Owner’s barricading practice and shall respect the provisions thereof. iii) Barricades and hazardous areas adjacent to but not located in normal routes of travel shall be

marked by red flasher lanterns at nights. 116.0 SCAFFOLDING:

i) Suitable scaffoldings should be provided for workmen for all works that cannot safely be done from the ground or from solid construction except such short period work as can be done safely from the ladders.

When a ladder is used and extra Majdoor shall be engaged for holding the ladder and if the ladder

is used for carrying material as well, suitable footholds and handholds shall be provided on the ladder and the ladder shall be given an inclination not steeper than 1 in 4 (1 horizontal 4 vertical)

ii) Scaffolding or staging more than 4 meters above the ground or floor, swing suspended from and

overhead support or erected with stationary support shall have a guard rail properly attached, bolted, braced and otherwise retarded at least one meter high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

iii) Working platform, gangways and stairways should be so constructed that they should not sag

unduly or un equally and if the height of the platform of the gangway or the stairway is more than 4 meters above ground-level or floor level, they should be closely boarded, should have adequate width and should be suitably fastened as describe in (ii) above.

iv) Every opening in the floor of a building or in a working platform shall be provided with suitable

means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be one meter.

v) Safe-means of access shall be provided to all working platforms and other working places, every

ladder shall be securely fixed. No portable single ladder shall be over 9 meters in length in while the width between side rails in rung ladder shall no case be less than 30 cms for ladder upto and including 3 meters in length. For longer ladder this width should be increased at least 5mm for each additional foot of length. Uniform steps spacing shall not exceeding 30cms.Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sites of work shall be so stacked or place to cause danger or inconvenience to any person of public. The CONTRACTOR shall also provide all necessary fencing and light to protect the workers and staff from accidents and shall be bound to bear the expenses of defense to every suit, action or other proceeding of law that may be brought by any person for injury sustained owing to neglect of the above precautions and pay any damages and costs which may be awarded in any such suit or action or proceeding to any such person or which may with the consent of the CONTRACTOR be paid to compromise any claim by any such person.

117.0 EXCAVATION AND TRENCHING:

All trenches 1.2 meters or more in depth shall at all times be supplied with at least one ladder for each 50 meters length or fraction thereof.

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Ladder shall be extended from bottom of the trench to atleast 1 meter above the surface of the ground. The sides of the trenches which are 1.5 meter s in depth shall be stepped back to give suitable slope or securely held by timber bracing, so as to avoid the danger of sides to collapse. The excavated materials shall not be placed within .1.5 meters of the edge of the trench or half of the trench width whichever is more. Cutting shall be done from top to bottom. Under no circumstances Undermining or undercutting shall be done.

118.0 DEMOLITION/GENERAL SAFETY:

i) Before any demolition worked is commenced and also during the progress of the demolishing work.

a) All roads and open areas adjacent to the work sites shall either be closed or suitably

protected. b) No electric cables or apparatus which is liable to be a source of danger shall remain

electrically charged. c) All practical steps shall be taken to prevent danger to persons employed from risk of fire or

explosion or flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe.

ii) All necessary personal safety equipment as considered adequate by the Engineer-In-Charge

should be kept available for the use of the persons employed on the site and maintained in condition suitable for immediate use, and the contractor shall take adequate steps to ensure proper use of equipment by those concerned.

a) Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided

with protective footwear and protective gloves. b) Those engaged in white washing and mixing or stacking of cement begs or any materials

which are injurious to the eyes shall be provided with protective goggles c) Those engaged in welding and cutting works shall be provided with protective face and eye-

shields, hand gloves etc. d) Stone breakers shall be provided with protective goggles and protective clothing, and seated

at sufficiently safe intervals. e) When workers are employed in sewers and manholes, which are in use, the CONTRACTOR

shall ensure that the manhole covers are opened and are ventilated atleast for an hour before the workers are allowed to get into the manholes, and the manholes so opened shall be cordoned off with suitable railing and provide with warning signals or board to prevent accident to the public.

f) The Contractor shall not employ men below the age of 18 years and women on the work on

painting with products containing lead in any form. Wherever men above the age of 18 years are employed on the work of lead painting, the following precautions should be taken.

1) No paint containing lead or lead product shall be used except in the form of paste or

readymade paint.

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2) Suitable face masks should be supplied for used by the workers when paint is applied in the form of spray or a surface having lead paint dry rubbed and scrapped.

3) Overalls shall be supplied by the CONTRACTOR to the workmen and adequate facilities

shall be provided to enable the working painters to wash them during and on cessation of WORK.

iii) When the work is done near any place where there is a risks of drawing, all necessary safety

equipment's should be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provisions should made for prompt first aid treatment of all injuries likely to be sustained during the course of the WORK.

iv) Use of hoisting machines and tackles including their attachments, anchorage and supports shall

confirm to the following standards or conditions:

a) These shall be of good mechanical construction, should materials and adequate strength and free from patent defect and shall be kept in good working order.

b) Every rope used in hoisting or lowering materials or as means of suspension shall be of

durable quality and adequate strength and free from patent defects. c) Every crane driver or hoisting appliance operator shall be properly qualified and no person

under the age of 21 years should be in charge of any hoisting machine including any scaffolding, which or give signal to the operation for.

d) In case of every hoisting machine and of every chain ring hook, shackle, swivel., and pulley

block used in hoisting or lowering or as means of suspension, the safe working load shall be ascertained by adequate means. Every hoisting machine and all gears referred to above shall be plainly marked with the safe working load of the conditions under which it is applicable which shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be load beyond safe working load except for the purpose of testing.

e) In case of departmental machine, the safe working load shall be notified by the ENGINEER-

IN-CHARGE. As regards CONTRACTOR’S machines, the CONTRACTOR shall notify the safe working load of the machine to the ENGINEER-IN-CHARGE whenever be brings any machinery to SITE of work and get it verified by the ENGINEER-IN –CHARGE.

v) Motors, gears, transmission lines, electric writing and other dangerous parts of hoisting appliances

should be provided with the efficient safeguards. Hoisting appliances should be provided with such means as to reduce to minimum the accidental descent of the load, adequate precautions should be taken to reduce the minimum risk of any part or parts of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energised, insulating mats, wearing apparel, such as gloves, sleeves, and boots as may be necessary should be provided. The workers shall not wear any rings, watches and carry keys or other materials, which are good conductors of electricity.

v) All scaffolds ladders and other safety devices mentioned or described herein shall be maintained

in safe conditions and no scaffolds, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be provided at or near places of work.

vii) These safety provisions should be brought to the notice of all concerned by displaying on a notice

board at a prominent place at the work- spot, the person responsible for compliance of the safety code shall be named therein by the CONTRACTOR.

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viii) To ensure effective enforcement of the rules and regulations relating to safety precautions, the arrangements made by the CONTRACTOR shall to be open to inspection by the Welfare Officer, ENGINEER-IN-CHARGE or safety Engineer of the Administration or their representatives.

ix) Notwithstanding the above clauses there is nothing in these to exempt the CONTRACTOR for the

operation of any other Act or rules in force in the Republic of India. The WORK though out including any temporary WORKS shall be carried out in such a manner as not to interfere in any way whatsoever with the traffic on any roads or footpaths at the site or in the vicinity thereto or any existing works whether the property of the Administration or of a third party.

In addition of the above, the CONTRACTOR shall abide by the safety code provision as per C.P.W.D. safety code and Indian Standard Safety Code from time to time.

119.0 CARE IN HANDLING INFLAMMABLE GAS:

The Contractor has to ensure all precautionary measures and exercise utmost care in handling the inflammable gas cylinder/inflammable liquids/paints etc. as required under the law and/or as advised by the fire authorities of the OWNER.

120.0 TEMPORARY COMBUSTIBLE STRUCTURES:

Temporary combustible structures will not be built near or around work site. 121.0 PRECAUTIONS AGAINST FIRE:

The CONTRACTOR will have to provide fire Extinguishers/Fire Buckets and drums at work site as recommended by ENGINEER-IN-CHARGE. They will have to ensure all precautionary measures and exercise utmost care in handling the inflammable gas cylinders/inflammable liquid/ paints etc. as advised by the ENGINEER-IN-CHARGE. Temporary combustible structures will not be built near or around the work site.

122.0 EXPLOSIVES:

Explosives shall not be stored or used on the works or on the site by the CONTRACTOR for without the permission of the ENGINEER-IN –CHARGE in writing and then only in the manner and to the extent to which such permission is given. When explosives are required for the works they will be stored in a special magazine to be provided at the cost of the CONTRACTOR in accordance with the Explosives Rules. The CONTRACTOR shall obtain the necessary license for the storage and the use of explosives and all operation in which or for which explosives are employed shall be at sole risk and responsibility of the CONTRACTOR and the CONTRACTOR shall indemnify the OWNER against any loss or damage resulting directly or in directly therefrom.

123.0 MINES ACT: 123.1 Safety code the CONTRACTOR shall at his own expense arrange for the safety provisions as required

by the ENGINEER-IN-CHARGE in respect of all labour directly employed for performance of the works and shall provide all facilities in connection therewith. In case the CONTRACTOR fails to make arrangements and provide necessary facilities as aforesaid, the ENGINEER-IN-CHARGE shall be entitled to do so and recover the costs thereof from the CONTRACTOR.

123.2 Failure to comply with safety Code or the provisions relating to report on accidents and to grant of

maternity benefits to female workers shall make the CONTRACTOR liable to pay company liquidated damages an amount not exceeding RS. 50/- for each default or materially incorrect Statement. The

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decision of the Engineer-in-charge in such matters based on reports from the Inspecting Officer or representative of ENGINEER-IN-CHARGE shall be final and binding and deduction for recovery of such liquidated damages may be made from any amount payable to the CONTRACTOR from all provisions of Mines Act, 1952 or any statutory modifications or re-enactment thereof the time being in force and any Rules & Regulation made thereunder in respect of all the persons employed by him under this CONTRACT and shall indemnify the OWNER from and against any claim under the Mines Act or the rules and regulations frame thereunder by or on behalf of any persons employed by him or otherwise.

124.0 PRESERVATION OF PLACES:

The CONTRACTOR shall take requisite precautions and use at his best endeavors to prevent any riotous or unlawful behavior by or amongst his workmen and others employed on the works and for the preservation of peace and protection of the inhabitants and Security of property the neighborhood of the work. In the event of the OWNER requiring the maintenance of a special police force at or in the vicinity of the site during the tenture of works, the expenses thereof shall be borne by the CONTRACTOR and if paid by the OWNER shall be recoverable from the CONTRACTOR.

125.0 OUT BREAK OF INFECTIOUS DISEASES:

The CONTRACTOR shall remove from his camp such labour and their families as refuse protective in occultation and vaccination when called upon to do so by the ENGINEER-IN- CHARGE’s Representative. Should Cholera, Plague or other infectious diseases break out the CONTRACTOR shall burn the huts, bedding, clothes and other belongings used by the infected parties and promptly erect new huts on healthily sites as required by the ENGINEER-IN-CHARGE failing which within the time specified in the Engineer’s requisition, the work may be done by the OWNER and the cost thereof recovered from the CONTRACTOR.

126.0 USE OF INTOXICANTS:

The unauthorised sale of spirits or other intoxicating beverages upon the work in any of the buildings, encampments or tenements owned, occupied by or within the control of the CONTRACTOR or any of his employee is forbidden on the CONTRACTOR shall exercise his influenced and authority to the utmost extent to secure strict compliance with this condition.

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ANNEXURE - I

PROFORMA OF AGREEMENT (ON NON – JUDICIAL PAPER OF APPROPRIATE VALUE)

CONTRACT AGREEMENT FOR THE WORK OF _____________________ ________________________________________________________________________ _____________________ DTD_________________ 200…(Two Thousand…………….) Between________________________ ________________________ in the town of ____________________, hereinafter called the "CONTRACTOR" (which term shall unless excluded by or repugnant to the subject or context include its successors and permitted assignees) of the one part and the Numaligarh Refinery Limited hereinafter called the "OWNER" (which term shall, unless excluded by or repugnant to the subject or context include its successors and assignees) of the other part. WHEREAS

A. The OWNER being desirous of having provided and executed certain works mentioned, enumerated or referred to in the tender documents including Letter Inviting Tender General Tender Notice, General Conditions of CONTRACT, Special Conditions of CONTRACT, Specifications, Drawings, Plans, Time Schedule of Completion of Jobs, Schedule of Rates, Agreed Variations, other documents has called for Tender.

B. The CONTRACTOR has inspected the site and surroundings of the works specified in the tender

documents and has satisfied himself by careful examination before submitting his tender as to the nature of surface, strata, soil, sub - soil and ground, the from and nature of site and local conditions, the quantities, nature and magnitude of the work, the availability of labour and materials necessary for the execution of work, the means of access to site, the supply of power and water there to and the accommodation he may require and has made local and independent enquiries and obtained complete information as to the matters and things referred to, or implied in the tender documents or having any connection therewith, and has considered the nature and extent of all probable and possible situations, delays, hindrances or interferences to or with the execution and completion of the work to be carried out under the contract, and has examined and considered all other matters, conditions and things and probable and possible contingencies, and generally all matters incidental thereto and ancillary thereof affecting the execution and completion of the work and which might have influenced him in making his tender.

C. The tender documents including the notice letter, inviting tender, General Conditions of CONTRACT,

Special Conditions of CONTRACT, Schedule of Rates, General obligation, Specifications, Drawings, Plans, Time schedule of completion of jobs, Letter of Acceptance of tender and any statement of agreed variations with its enclosures copies of which are hereto annexed form part of this CONTRACT though separately set out herein and are included in the expression " CONTRACT" wherever herein used.

AND WHEREAS The OWNER accepted the Tender of the CONTRACTOR for the provision and the execution of the said work at the rates stated in the Schedule of Quantities of work and finally approved by OWNER (hereinafter called the " Schedule of Rates") upon the terms and subjects to the conditions of CONTRACT. NOW THIS AGREEMENT WITNESSETH & IT IS HEREBY AGREED AND DECLARED AS FOLLOWS : 1. In consideration of the payment to be made to the CONTRACTOR for the work to be executed by him,

the CONTRACTOR hereby covenants with the OWNER that, the CONTRACTOR shall and will duly provide, execute and complete the said works and shall do and perform all other acts and things in the CONTRACT mentioned or described or which are to be implied there from or may be reasonably

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necessary for the completion of the said works and at the said times and in the manner and subject to the terms and conditions or stipulations mentioned in the CONTRACT.

2. In consideration of the due provision execution and completion of the said works, the OWNER does

hereby agree with the CONTRACTOR that the OWNER will pay to the CONTRACTOR the respective amounts for the work actually done by him and approved by the OWNER at the Schedule of Rates and such other sum payable to the CONTRACTOR under provision of CONTRACT, such payment to be made at such time in such manner as provided for in the CONTRACT.

AND

3. In consideration of the provision, execution and completion of the said works the CONTRACTOR does hereby agree to pay such sums as may be due to the OWNER for the services rendered by the OWNER TO THE CONTRACTOR, such as power supply, water supply and other as set for in the said CONTRACT and such other sums as may become payable to the OWNER towards the controlled items of consumable materials or towards loss, damage to the OWNER's equipment, materials construction plant and machinery, such payments to be made at such time and in such manner as is provided in the CONTRACT.

It is specifically and distinctly understood and agreed between the OWNER and the CONTRACTOR that the CONTRACTOR shall have no right, title or interest in the site made available by the OWNER for execution of the works or in the building, structures or works executed on the said site by the CONTRACTOR or in the goods, articles, materials, etc. brought on the said site (unless the same specifically belongs to the CONTRACTOR) and the CONTRACTOR shall not have or deemed to have any lien whatever charge for unpaid bills will not be entitled to assume or retain possession or control of the site or structures and the OWNER shall have an absolute and unfetted right to take full possession of site and to remove the CONTRACTOR, their servants, agents and materials belonging to the CONTRACTOR and lying on the site. The CONTRACTOR shall be allowed to enter upon the site for execution of the works only as a licensee simpliciter and shall not have any claim, right, title or interest in the site or the structures erected there on and the OWNER shall be entitled to terminate such licence at any time without assigning any reason. The materials including sand, gravel, stone loose earth, rock, etc. dug up or excavated from the said site shall, unless otherwise expressly agreed under this CONTRACT, exclusively belong to the OWNER and the CONTRACTOR shall have no right to claim over the same and such excavation and materials should be disposed off on account of the OWNER according to the instruction in writing issued from time to time by the ENGINEER-IN-CHARGE. In Witness whereof the parties have executed these presents in the day and the year first above written. Signed and Delivered for and on behalf Signed and Delivered for and on of OWNER Numaligarh Refinery Ltd. behalf of CONTRACTORS. Date _______________________ Date ______________________ Place _______________________ Place ______________________ IN PRESENCE OF TWO WITNESSES 1. 2.

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ANNEXURE-II

PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT (To be stamped in accordance with the stamp Act)

Ref………………………….. Bank Guarantee No………………. To, Numaligarh Refinery Ltd. Tarun Nagar, 4TH Road, Guwahati 781005 Dear Sir (s) In accordance with letter inviting Tender under reference No………………………………………………M/S………………………………………………………………having their Registered / Head office at……………………………………………………………….(hereinafter called the Tenderer) wish to participate in the side tender for………………………………………………………………………………. As an irrevocable bank Guarantee against Earnest Money Deposit for an amount of ……………………….is required to be submitted by the Tenderer as a condition precedent for participation in the said Tender which amount is liable to be forfeited on the happening of any contingencies mentioned in the Tender Document. We, the……………………………………Bank at …………………….. Having our Head office………………………………………………… (Local Address) guarantees and undertakes to pay immediately on demand by Numaligarh Refinery Ltd. The amount……………………………………………..Without any reservation, protest, demur and recourse. Any such demand made by Numaligarh Refinery Ltd. shall be conclusive and binding on us irrespective of any dispute or difference raised by the Tendered. This guarantee shall be irrevocable and shall remain valid up to…………………………………………… (this date should be 180 days after the date finally set out for closing of tender) If any further extension of this guarantee is required, the same shall be extended to such required period on receiving instructions from M/S……………………………………………………………on whose behalf this guarantee is issued. In witness where of the Bank, through its authorized officer, has set its hand stamp on this………Day of…………….19………………at……………

WITNESS: (SIGNATURE NAME) (SIGNATURE NAME) Designation with Bank Stamp Attorney as per (OFFICIAL ADDRESS) Power of Attorney No………….. Date………………………………

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ANNEXURE-III

PROFORMA OF BANK GURANTEE FOR SECURITY DEPOSIT

(ON NON – JUDICIAL PAPER OF APPROPRIATE VALUE) To Numaligarh Refinery Ltd. Lotus Tower, GS Road, Ganeshguri Guwahati –781005 Dear Sirs: M/s ………………………………….. Have taken tender for the work of … …...………….. for Numaligarh Refinery Limited, Lotus Tower, GS Road, Ghy-5. The tender conditions of contract provide that the Contractor shall pay a sum of Rs……….… (Rupees ………………………………) as initial/full security Deposit in the form there in mentioned. The form of payment of security deposit includes guarantee executed by Nationalized Schedule ‘A’ Bank, undertaking full responsibility to indemnify Numaligarh Refinery Ltd. in case of default. The said ………………………. has approached us and at their request and in consideration of the premises we having our office at ………………. have agreed to give such guarantee as hereinafter mentioned. 1. We hereby undertake and agree with you that if default shall be made by M/s………… in performing

any of the terms and condition of the tender or in payment of any money payable to Numaligarh Refinery Ltd. We shall on demand pay to you in such manner as you direct the said amount of Rupees ……… only or such portion thereof not exceeding the said sum as you from time to time require.

2. You will have the full liberty without reference to us and without affecting this guarantee postpone

for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the said …………………………. and to enforce or to forebear from endorsing any powers or rights or by reason of time being given to said ………… which under law relating to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of Rs. …………………………….. (Rupees

………………………….) from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s …………………. and /or that any dispute or disputes are pending before any officer, tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up

dissolution or changes of constitution or insolvency of the said, but shall in all respects and for all purposes be binding and operative until payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to (Rupees. ………………………). Our guarantee

shall remain in force until ……………………………….. unless a suit or action to enforce a claim under Guarantee is filled against us within six months from …………… (Which is date of expiry of

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guarantee) all your rights under the said guarantee shall be forfeited and we shall be relived and discharged from all liabilities thereunder.

6. We have power to issue this guarantee in your favour under Memorandum and Articles of

Association and the undersigned has full power to do under the power of Attorney dated ……………. granted to him by the Bank.

Yours faithfully,

_____________ Bank

By its Constituted Attorney

Signature of a person duly Authorized to sign on behalf

Of the Bank.

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ANNEXURE-IV

GUARANTEE AGAINST ADVANCE PAYMENT

This deed of guarantee made this ………………………………… day of …. …………….. between ………………………………….. and wherever the context so required includes its successors and assignees hereinafter called "the surety" and Numaligarh Refinery Ltd. an existing company within the companies Act 1956, having its Registered office at Lotus Tower, Ganesguri, Guwahati- 781005 and wherever the context so required includes its successors and assignees, herein after called "the Owner". Whereas M/s ………………………………………………..a company registered under the companies Act 0f 1956 having its registered office at ……………………………………………………… (wherever applicable) and wherever the context so requires includes its successors and assignees, hereinafter called "The Contractor" has undertaken to ………………….. ………………….. on the terms and conditions mentioned in the (a) Letter of Intent No ………………………….dated …………… …………...

OR/AND

(b) Agreement No ………………………………… dated ……………………. Referred to as "the said contract".

And whereas the Owner has agreed to make an advance of Rs………………… (Rupees ………………………………………………) being ……..% value of the contract on ......................................... as provided in the contract as the said advance to the contractor carrying no interest. AND WHEREAS the contractor has agreed with the owner authorizing him to deduct the said advance under the terms of the said contract from the amount that becomes due and payable to contractor as per the terms and conditions described under the clause "Terms and Conditions of payment" of the contract on proper execution of the contract. Now this deed witness that in consideration of the said advance or any balance thereof made by the owner to the contractor, the surety hereby GUARANIEES the payment of the said advance by the contractor, and undertakes to pay the owner on demand the said sum of RS. ……………………….. subject to the following condition. (a) "Surety hereby gives an irrevocable guarantee and declares that its liability under this bond shall extend

to the payment of the whole of amount viz. RS. ………………… paid as advance as provided for the contract as the said advance."

(b) This Guarantee shall remain in force and effect so long as the said advance of any part thereof remains

outstanding and shall expire and become ineffectual only after the recovery of the entire sum of Rs. ………………. covered by the Guarantee and upon intimation thereof being given by the owner to the surety in which event, the surety shall be discharged by the owner.

(c) The surety shall not be discharged or released from the guarantee by any arrangement made between

the owner and the contractor with or without the consent of the surety or by any alternation in the obligation of the parties or by any indulgence, forbearance, whether as to payment, time performance of otherwise.

(d) The Guarantee shall come into force from the date contractor receives from the owner the said advance. (e) Notwithstanding anything stated above, the liability of the surety under the guarantee is restricted to Rs.

………………………… (Rupees. ………. ………………………….) and this guarantee will remain in

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force up to in the first instance. Further unless a claim or Demand is made against the Surety within six months from the date of expiry of this guarantee viz. …. ………………….. all rights of the owner under this guarantee shall be forfeited and the surety shall be released and discharged from all liability hereunder unless this guarantee shall have been previously extended. However if the contract for which this guarantee is given is not completed or fully performed, the surety (Bank) hereby agrees to further extend the Guarantee till such time as is required to fulfil the contract.

Place : Authorised Signatory of Banker

Date :

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ANNEXURE-V

INDENTURE FOR SECURED ADVANCES

THIS INDENTURE made the........................................... day of.............199 between.......................................................................................(hereinafter called the contractor which expression shall where the context so admits or implies be deemed to include his executors, administrator and the assignees) of one part and Numaligarh Refinery Ltd, (hereinafter called the Numaligarh Refinery Limited which expression shall where the context so admits or implies be deemed to include its successors in office and assignees) of other part. WHEREAS BY an Agreement No.................................................. dated............................(hereinafter called the said agreement) the contractor has agreed............................................ and WHEREAS the contractor has applied to the Numaligarh Refinery Limited that he may be allowed advances on the security of materials absolutely belonging to him and brought by him to site of the works, the subject of the said agreement for use in the construction of such of the works as he has undertaken to execute at rates fixed for the finished work (inclusive of the cost of materials and labour and other charges) and whereas the Numaligarh Refinery Limited has agreed to advance to the contractor an amount upto Rs......................(Rupees..................................................only) on the security of the quantities and other particulars of the materials on the security of which the advance or advances are made as detailed in the secured advance account forming account bill preferred from time to time and signed by the contractor for the said works. NOW THIS INDENTURE WITNESS that in pursuance of the said agreement and in consideration of amounts aggregating to the sum of Rs.......................(Rupees...................................................................................only) on or after the execution of these presents paid to the Numaligarh Refinery Limited. (The receipt where of the Contractor hereby acknowledge) contractor both hereby covenent and agreewith the Numaligarh Refinery Limited and declare as follows: 1. That the said sum aggregating.................(Rupees................................only) so advanced by the

Numaligarh Refinery Limited to Contractor as aforesaid shall be employed by the Contractor in or towards expediting the execution of the said works and for no other purpose whatsoever.

2. That the materials detailed in the said Running Account Bills which have been offered to and accepted

by the Numaligarh Refinery Limited as Security are absolutely the Contractor’s own property, and free from encumbrances of any kinds and the contractor hereby agrees to indemnify the Numaligarh Refinery Limited against all claims to any materials in respect of which an advance has been made to him as aforesaid.

3. That the materials detailed in the said Running Account Bills (hereinafter called the said materials)

shall be used by the Contractor solely for the execution of the said works in accordance with the directions of the Engineer-in-charge and in terms of the said agreement.

4. That the contractor shall make at his own cost all necessary and adequate arrangements for the proper

watch, safe custody and protection against all risk of the said materials and that until used in construction as aforesaid the said materials shall remain at the site of the said works in the Contractors custody and on his own responsibility and shall at all times be open to inspection by the event of the said materials or any part thereof being stolen, destroyed or damaged the contractor will forthwith replace the same with other materials of like quality or repair and make good the same as required by the Engineer- in –charge.

5. That the said materials shall not on any account be removed from the site of the said works except with

the written permission of the Engineer- in –charge or an officer authorised by him on that behalf.

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6. That the advanced shall be repayable in full when or before the Contractor receives payment from the Numaligarh Refinery Ltd. of the price payable of him or the said works under the terms and the provision of the said agreement provided that if any intermediate payments are made to the contractor on account of work done then the occasion of each such payments the Numaligarh Refinery Ltd. will be at liberty to make recovery from the contractors bill for such payment by deducting there from the value of the said materials then actually used in the conclusion and in respect of which recovery has not been made previously the value for this purpose being determined in respect of each description of materials at the rates at which the amounts of the advances made under these presents were calculated.

7. That if the contractor shall at any time make any default in the performance or observance in any of the

terms and provision of the said agreement the total amount of the advance or advances that may still be owing in the Numaligarh Refinery Ltd. together with the interest thereon at eighteen(18) percent per annum from the date or respective dates of such advance or advances to the dates of repayment will with all costs, charges, damages and expenses incurred by the Numaligarh Refinery Ltd. in the recovery thereof the security or otherwise by reason of the default of the contractor hereby convenants and agrees with the Numaligarh Refinery Ltd. to repay and pay the same respectively to him accordingly.

8. That the contractor hereby gives charge of all the said materials for the repayment to the Numaligarh

Refinery Ltd. of the said sum aggregating to Rs………………………(Rupees…………………………………………….. only) and all costs, charges, damages and expenses payable under these presents PROVIDED ALLWAYS AND it is hereby agreed and declared that notwithstanding anything in the said agreement and without prejudice to the powers contained therein if and when ever the money owing shall not be paid in accordance herewith, the Numaligarh Refinery Ltd. may at any time thereafter adopt all or any of the following courses as it may deem best.

a) Seize and utilise the said materials or any part thereof in the completion of the said works

on behalf of the contractor is accordance with the provision in that behalf contained in the said agreement debiting the contractor with the actual cost of effecting such completion and the amount due in respect of advances under these presents and crediting the contractor with the value of work done as if he had carried it out in accordance with the said agreement and the rates thereby provided. If the balance is against the Contractor he is to pay the same to Numaligarh Refinery Ltd. on demand.

b) Remove and sell by the public auction the seized materials or any part thereof and out of the money arising from the sales retain all the sums aforesaid repayble to the Numaligarh Refinery Ltd. under these presents and pay over the surplus (if any) to the contractor.

c) Deduct all or any part of the money owing out of the security deposits or any due sum to the

Contractor under the said agreement. 9. That in event of any conflict between the provisions of these presents and the said agreement the

provisions of the said agreement shall prevail and in the event of any dispute or difference arising over the construction or effect of these presents the settlement of which has not been herein before expressly provided for, the same shall be referred to arbitration as provided in the said agreement.

IN WITNESS WHEREOF .......................................……………………………………. and Numaligarh Refinery Ltd by the order and under the directions of the Numaligarh Refinery Ltd have herein to set their respective hands the day and year first above written. Signed, scaled and delivered Signature : By the said Contractor in the

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Presence of Name : Address : Witness: Signed by the order and direction Signature : Of the Numaligarh Refinery Ltd In the presence of Name : Address : Witness:

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ANNEXURE-VI To,

M/s Numaligarh Refinery Limited, 4th Road, Tarun Nagar, Guwahati- 781005. Sub : COMPOSITE BANK GUARANTEE FOR ADVANCE AND SECURITY DEPOSIT.

THIS UNDERTAKING made this ………………………………………… day of ………………. by ……………………………………. (herein after called the “Bank” which expression shall include its successors and assigns) in favour in NUMALIGARH REFINERY LTD. 4 th ROAD, TARUN NAGAR, GUWAHATI – 781005, ASSAM (herein after called the “OWNER” which expression shall include its successors and assigns).

WHEREAS NUMALIGARH REFINERY LIMITED a Govt. of India Enterprise, ………………… , 4 th Road, Tarun Nagar, Guwahati – 781005,Assam (hereinafter called the “OWNER” which expression shall include its/ his/ their successors and assigns / executors, administrators, representatives and assigns) has been awarded in contract in terms, inter-alia, of the Owner’s letter of Work order Number ……………………………………. Dtd ………………..for executing the (job) ……………………… for …………………….. at a total value of Rs ………………. To M/S …………………………… (herein after called the “Said Contract” which expression shall include any formal contract entered into subsequence thereto or in suppression thereof and all modifications to an amendments in the said contract): AND WHEREAS the Owner agreed to advanced the Contractor a …………………………(Rupees …………………………. only) for utilization for the performance of the work covered by the said contract (Hereinafter referred to as the “said advance” which expression shall include any and all further advance made by the Owner to the Contractor with reference to the said contract) on production of an undertaking from a Bank in respect of the said advance shall without prejudice to any other mode of recovery available to the Corporation be recoverable by deduction from the gross accepted value of the Running Account Bills and Final Bill of the Contractor Commencing with the First Running Account Bill. AND WHEREAS the Contractor is also required to furnish an undertaking from a Bank in lieu of deposit of 10 % of the value of the Contract towards security deposit (hereinafter referred to as the “Security Deposit”) valid till the end of the defect liability period as specified in the said contract. AND WHEREAS the Owner has agreed to accept the single undertaking from a Bank to cover both the said advance and the Security Deposit in the name & style of “Composite Bank guarantee”. NOW, THEREFORE, in consideration of premises a foregoing and at the request of the Contractor, the Bank hereby irrevocably and unconditionally undertakes to pay to the owner at Guwahati forthwith on first demand without protest or demur or proof or condition any and all amounts demanded by the owner in writing from the Bank with reference to this undertaking up to an aggregate limit of Rs……………………… (Rupees ……………………………………….. only).

And the bank doth hereby further agree as follows :-

I. The owner shall have the fullest liberty without reference to the Bank and without affecting in any way the liability of the Bank under this undertaking, at any time and / or from time to time to anywise vary the said contract and / or any of the terms and conditions thereof the said advance and / or to extend time for performance of the said contract and /or payment of the said advance in whole or part or to postpone for any time and /or from time to time any of the said obligations of the contractor and either to enforce or for bear from enforcing any of the terms and conditions of or governing the said

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contract and / or the said Advance, or the securities, if any, or any of them available to the Owner and the bank shall not be released from its liability under this presents and the liability of the Bank shall remain in full force and effect with notwithstanding any exercise by the Owner of the liberty with reference to any or all the matters aforesaid or by reason of time being given to the contractor or any other forbearance or omission on the part of the owner or any indulgence, by the owner to the contractor or of any other act , matter or thing whatsoever which under any law could (but for this provision) have the effect of releasing the Bank from its liability hereunder or any part thereof.

II. It shall not be necessary for the Owner to proceed against the Contractor before proceeding against the

Bank and the undertaking herein contain shall be enforceable against the bank as Principal debtor notwithstanding the existence of any security for any indebtedness of the Contractor to the Owner (including relative to the said advance or for the Security Deposit) and not with standing that any such security shall at the time when claims is made against the Bank or Proceedings taken against the Bank hereunder, be outstanding or unrealised.

III. As between the Bank and the Owner for the purpose of this undertaking the amount claimed or

demanded by the Owner from the Bank with reference to this undertaking shall be final and binding upon the bank as to the amount payable by the Bank to the Owner hereunder.

IV. The liability of the Bank to the Owner under this undertaking shall remain in full force and effect

notwithstanding the existence of difference or dispute between the Contractor and the Owner, The Contractor and the Bank and / or the Bank and the Owner or otherwise howsoever touching or affecting these presents or the liability of the Contractor to the Owner, and notwithstanding the existence of any instructions or purported instructions by the contractor or any other person to the Bank not to pay or for any cause with hold or defer payment to the Corporation under these presents, with the intent that notwithstanding the existence of such difference, dispute or instruction, the Bank shall be and remain liable to make payment to the Owner in terms hereof.

V. This undertaking shall not be affected by any change in our constitution or that of the Contractor or

the Owner or any irregularity in the exercise of borrowing powers by or on behalf of the Contractor. VI. This undertaking shall be valid for all claims / demands made by the Owner to or upon us upto

…………………………………….. provided that the Bank shall upon the written request of the Contractor extended this guarantee by a further period.

VII. The bank doth hereby declare that Shri ……………………….. who is the ………………

(designation) of the Bank is authorised to sign this undertaking on behalf of the Bank and to bind the Bank thereby.

VIII. The Bank hereby agrees not to revoke the Bank guarantee during its currency except with the previous

consent of the Owner, in writing. IX. The Bank Guarantee is enforceable in the courts having jurisdiction over Guwahati, (Assam) only. X. Not withstanding anything contained herein above our liability under this Guarantee is restricted to

Rs………………….. (Rupees ………… …………………) only and it shall remain inforce upto & including ………………….. (date) unless a claim under this guarantee is made on or before ………………. (date). All your rights under the said guarantee shall be forfeited and we shall be released & discharged from all liability there under, our undertaking shall commence from the date of execution.

Yours faithfully, For and on behalf of the Bank

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Name …………………………… Designation …………………….. Seal

MODIFICATION OF GENERAL CONDITIONS OF CONTRACT ANNEXURE - 7

The following clauses of GCC are modified to the extent as mentioned below : Sl. No Clause No Item Modification

1. (Clause no. 2.3) Water Supply The Clause is modified to the extent as mentioned below : Water shall be ‘Free Issue’.

2. (Clause no. 2.4.1) Power Supply The Clause is modified to the extent as mentioned below : Power / Electricity Charges: Rs. 4.95 (Rupees four and paise ninety five only)

per KWH. 3. (Clause no. 6.1) Earnest Money

Deposit The Clause is modified to the extent as mentioned below :

The Earnest Money Deposit shall be in favour of Numaligarh Refinery Limited, Numaligarh.

4. (Clause no. 21.0) Force Majeure

Clause The following sentence shall be added to the clause

The CONTRACTOR shall keep records of the circumstances leading to delays or failure of performance and bring this to the notice of Engineer-in-Charge in writing immediately on such occurrences.

5.

(Clause no. 24.0) CONTRACTOR

to obtain his own information

The following para shall be added to the clause The CONTRACTOR’s attention is drawn towards various notifications and laws in force for use of Forest Products like sand, stone, timber etc. regarding payment of Royalty to the Government of Assam. The CONTRACTOR will have to obtain necessary permit from the local District Forest Officer after payment of royalty applicable at that time. The owner shall facilitate the CONTRACTOR by way of issue of letters to the various Government Agencies in order to enable the CONTRACTOR to get the Forest Produce on payment of royalty.

6. (Clause no. 25.0) Security Deposit

The following para shall be added to the clause : Mobilisation advance may be paid against a composite bank guarantee of an equivalent amount to cover Mobilisation advance as well as retention amount of 7.5% against security deposit, provided initial security deposit of 2.5% on the amount of the contract value is furnished. Such bank guarantee should be issued as per format enclosed as Annexure -6 to GCC.

7. (Clause no. 28.0) Extension of Time

The Clause is modified to the extent as mentioned below : Until a final decision is taken by the owner on the application of the CONTRACTOR for extension of time on any ground, a provisional time extension may be given by Engineer-in-charge in order to keep the contract alive without prejudice towards the rights, claims, contentions of the owner to take action against the CONTRACTOR as per terms of the contract. Provisional penalty (percentage as decided by the engineer-in-charge) for delay shall be levied during provisional time extension period and the amount shall be recovered from the subsequent Running Bills and other bills & dues of the CONTRACTOR.

8. Clause no. 29.1) Compensation

for Delay The Clause is modified to the extent as mentioned below

Liquidated damage for delay in completion shall be charged equal to 1 % or part thereof on the amount of the contract value for every week subject to maximum of 10% of the contract value.

9. Clause no. 106.0) Labour Laws The following para shall be added to the clause :

The CONTRACTOR will comply with the provisions of the following act and indemnify the company against all claims, which may arise out of the following Acts, & Rules framed thereunder:

i) The Contract Labour (Regulation and Abolition) Act, ii) The Minimum Wages Act. iii) The Workman's Compensation Act. iv) The Payment of Wages Act, v) The Payment of Bonus Act, vi) The Employees Provident Fund & Misc. Provisions Act, vii) Family Pension Scheme, viii) Inter State Migrant Workmen (Regulation of Employment &

Condition of Service) Act, or any other acts or statute not hereinabove specifically mentioned having bearing over engagement of workers directly or indirectly for execution of work.

10. (Clause no. 110.0 ) Arbitration The Arbitration clause as appearing in the GCC shall be amended as follows :

Clause “ a) Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set off of the Company against the CONTRACTOR or regarding any right, liability, act, omission on account of any of the parties hereto arising out of or in relation to his agreement shall be referred to the sole Arbitration of the Managing Director of the Company or of some officer of the Company who shall be nominated by the Managing Director. The CONTRACTOR will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an Officer of the Company or that he has dealt with the matters to which the contract relates or that in the course of his duties as an Officer of the Company he had expressed views on all or any other matters in dispute or difference. In the event of the arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason, the Managing Director as aforesaid at the time of such transfer, vacation of office or inability to act may in the discretion of the Managing Director designate another person to act as arbitrator in accordance with the terms of the agreement to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings not withstanding his transfer or vacation or office as an Officer of the Company if the Managing Director does not designate another person to act as arbitrator on such transfer, vacation of office or inability of original arbitrator. Such persons shall be entitled to proceed with the reference from the point at which it was left by his predecessor. It is also a term of this contract that no person other than the Managing Director or a person nominated by such Managing Director of the Company as aforesaid shall act as arbitrator, hereunder. The award of the arbitrator so appointed shall be final conclusive and binding on all parties to the agreement subject to the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made thereunder for the time being in force shall apply to the arbitration proceedings under this clause.

b) The award shall be made in writing and published by the Arbitrator within two years after entering upon the reference or within such extended time not exceeding further twelve months as to sole Arbitrator shall by a writing

under his own hands appoint. The parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and publish the award within the period referred to hereinabove and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever.

c) The arbitrator shall have power to order and direct either of the parties to

abide by, observe and perform all such directions as the arbitrator may think fit having regard to the matters in difference i.e. dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and / or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitration Act, 1940 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

d) The parties against whom the arbitration proceedings have been initiated,

that is to say, the Respondents in the proceedings, shall be entitled to prefer a cross-claim, counter-claim or set off before the Arbitrator in respect of any matter an issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration to the Managing Director for such counter-claim, cross or set off before the Arbitrator shall be entitled to consider and deal with the same as if the matters arising therefrom has been referred to him originally and deemed to form part of the reference made by the Managing Director.

e) The arbitrator shall be at liberty to appoint, if necessary any accountant or

engineering or other technical person to assist him and to act by the opinion so taken.

f) The arbitrator shall have power to make one or more awards whether

interim or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties.

d) The arbitrator shall be entitled to direct any one of the parties to pay the costs of the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so.

h) The parties hereby agree that the courts in the city of Golaghat alone shall

have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of Golaghat only”.

11. Clause no. 111.0) Jurisdiction The Clause is modified to the extent as mentioned below : All disputes, actions and proceedings arising out of this contract shall be under the jurisdictions of the courts in the city of Golaghat only.

12. Annexure 2,3,4&6 Proforma for

Bank Guarantee

The Annexures are modified to the extent as mentioned below : The addressee of the Bank Guarantee shall be as follows : Numaligarh Refinery Limited, Numaligarh Refinery Complex, Dist. : Golaghat, Assam, Pin – 785 699 The address of the Registered Office of Numaligarh refinery shall be amended as follows : Numaligarh Refinery Limited, 147, Udayan, RG Baruah Road Guwahati – 781 005

(GCC annexure no. 8)

NUMALIGARH REFINERY LIMITED ASSAM, INDIA

SAFETY & SECURITY REGULATION



INTRODUCTION Safety in Hydrocarbon Industry such as Refineries, Marketing Installations and LPG Bottling Plants like ours deserves utmost attention, as these are inherently hazardous. A good number of contractor workmen are deployed in these sectors to carry out maintenance, construction and other jobs and these are widely recognized as accident prone activities. The analysis of the incidents / accidents in the Petroleum Sector reveals that a large number of such incidents involve contractor workforce which in turn have resulted in either causality, injury or property damage to owner or and contractor personnel & property besides leading to operational interruptions and environmental degradation. The reasons for accidents are mainly due to unsafe act, unsafe working condition, lack of training and awareness, inadequate safety management, equipment failure and poor house keeping. It is seen that unsafe acts and unsafe conditions contribute approximately 88% and 10% of all accidents respectively. It is also said that a safe and alert worker is safer in unsafe condition than an unsafe and un-alert worker in a safe condition. Most of the accidents are caused due to inadequate safety management system; same needs to be prevented. In order to improve the safety levels in our Refinery Premises, the contractor safety is of paramount and utmost importance and therefore a good contractor safety management system must be in place. The Contractor’s management, supervisor, safety officers therefore must ensure that all these rules and regulations of this Safety management system are strictly enforced and monitored with the help and guidance of Owner’s Engineer in charge / Safety officers so that precious lives and costly properties can be saved.


CONTENTS 1.0 DUTIES & RESPONSIBILITIES 2.0 SAFETY MANAGEMENT

2.1 JOB SAFETY ANALYSIS 2.2 GATE ENTRY / EXIT PROCEDURE 2.3 WORK PERMIT SYSTEM 2.4 USE OF PERSONNEL PROTECTIVE EQUIPMENT 2.5 INSPECTION / AUDIT 2.6 PENALTY FOR NON-COMPLIANCE 2.7 REPORTING FIRE / INCIDENT / ACCIDENT 2.8 SAFETY COMMITTEE MEETING 2.9 SAFETY TRAINING

3.0 SAFETYY PRACTICES AT WORK PLACES

3.1 SAFE PRACTICES FOR INDIVIDUALS 3.2 HOUSE KEEPING 3.3 EMERGENCY PROCEDURE

4.0 MAINTENANCE / CONSTRUCTION ACTIVITIES

4.1 EXCAVATION OF WORK 4.2 LADDERS AND SCAFFOLDS 4.3 VEHICLE MOVEMENT 4.4 ELECTRICAL SAFETY 4.5 WORK OVERHEAD / HOSTING EQUIPMENT 4.6 DEMOLITION 4.7 HANDLING & LIFTING EQUIPMENT 4.8 USE OF OWNER”S EQUIPMENT 4.9 TEMPORARY OFFICE / SHED

5.0 STATUTORY / OISD GUIDELINES


1.0 DUTIES & RESPOSIBILITIES OF CONTRACTOR Contractor should: • Make themselves and their employees aware of all the hazards; provide means and

organization to comply with the safety & health measures required at the workplace before commencement of any job inside Refinery. Educate workmen about their duties at the workplaces.

• Implement safe methods and practices; deploy appropriate machinery, tools & tackles,

experienced supervisory personnel and skilled work force etc. required for execution. Ensure inspection and certification of all tools being used. Remove defective tools immediately.

• Prepare a comprehensive and documented plan for implementation, monitoring and

reporting of Health, Safety & Environment (HSE) and implement after its approval. • Nominate / engaged qualified & trained Safety Engineers / Officers reporting to the Site

Incharge for supervision, co-ordination and liaison for the implementation of the safety plans & procedures.

• Ensure that only PPEs of the Owner approved type is used at work site. Arrange suitable

facilities in liaison with the Owner for drinking water, toilets, lighting, etc applicable as per Laws / Legislation at site.

• Ensure strict compliance with work permit system after ensuring that all safety precautions

/ conditions in the permit are complied with and closing the same after job completion. Arrange for fire protection equipment as per the advice of owner.

• Ensure that its employees have completed appropriate health and safety training as required

by the statute / regulation and also as per requirements of the Owner / Consultant. The documentation of such training imparted to all its employees should be maintained and produced for verification as required.

• Ensure that workers have proper training for their job assignments, including use of

appropriate PPE and first aid fire fighting equipment. • Report each incident and / or injury in accordance with established procedures and assist in

investigation. To maintain accident & nearmiss record in a register • Conduct daily inspections to ensure compliance with safety standards, codes, regulations,

rules and orders applicable to the work concerned. Arrange daily toolbox meeting and regular site safety meetings and maintain records.

• Attend training and ensure participation of his workers for training as per schedule arranged

by the Owner / Consultant and keeps himself updated.


• Keep records of number of persons working at the site. Also keep a constant liaison with EIC / Owners’ representative on safety issues.

2.0 SAFETY MANAGEMENT 2.1 JOB SAFETY ANALYSIS Job safety analysis provides the Contractor, Safety Officer or Supervsior a mechanism to take a detailed look at the individual task how it is performed and what are its inherent hazards and then take prevntive actions accordingly. Contractor must do the exercise for all critical activities and submit it to Owner’s EIC for approval before taking up a Job. A job safety analysis includes the following five steps:

• Select a Job

• Break the Job down into sequence of steps

• Indentify the hazards against each step

• Apply the Control to the hazards

• Evaluate the controls

2.2 GATE ENTRY / EXIT PROCEDURE & TRAINING

Being a major chemical hazard industry restriction of men and materials to Refinery and Terminal operations are very essential both for safety and security point of view. Therefore on award of a contract and prior to commencement of work the contractor must do all the formalities to get entry pass and must show identity/gate pass at entry point. All the persons must carry gate pass all the time while in Factory premises which may be checked by Owners representatives or CISF at any time.

The present gate pass system for Contractor / Supervisors / Workmen / Vendors / Visitors

has been divided in following groups:

1. Permanent Photo Gate Pass : a. Modality : Issued to those workmen, who have been deployed for one month or more. b. Validity : Initial for a maximum period of 03 month, which may then be extended further

on recommendation from NRL EIC. c. Format : Printed format available with CISF. d. Signatories (in sequence) : Signature by holder, Contractor, NRL EIC, P&A, CISF. e. Necessary documents :

• Completely filled up format along with sign and seal of all signatories • Two copies of recent passport photographs. • Residential Proof • Proof of Fire Training taken in NRL F&S Deptt.


f. Documents considered as Residential Proof :

• PRC (issued by District / Sub Division Authority). • Certificate issued by Village Head / Municipality Board Head, verified by Police Authority. • Pass Port / Pan Card / Driving License / Voter Identity Card

2. Temporary Gate Pass : a. Modality : Issued to those workmen, who have been deployed for less than one month. b. Validity : Initial for a maximum period of 15 days, which may then be extended further

for maximum 15 days on recommendation from NRL EIC. c. Format : Soft Copy of format available in NRL P&A. d. Signatories (in sequence) : Signature by holder, Contractor, NRL EIC, P&A, CISF. e. Necessary documents :

• Completely filled up format (both gate pass format and bio-data format) along with sign

and seal of all signatories • Two copies of recent passport photographs. • Residential Proof • Proof of Fire Training taken in NRL F&S Deptt.

f. Documents considered as Residential Proof :

• PRC (issued by District / Sub Division Authority. • Certificate issued by Village Head / Municipality Board Head, verified by Police Authority. • Pass Port / Pan Card / Driving License / Voter Identity Card

g. Documents considered as Residential Proof :

• All documents applicable in Permanent Pass. • Village / Town Head certification

3. Special Temporary Pass :

a. Modality : Issued to Executives of outside agency who visit NRL on temporary assignment. b. Validity : Initial for a maximum period of 15 days, which may then be extended further for

maximum 15 days on recommendation from NRL EIC. c. Format : Soft Copy of format available in NRL P&A. d. Signatories (in sequence) : Signature by NRL EIC, P&A, CISF. e. Necessary documents : • Completely filled up format along with sign and seal of all signatories. • Photocopy of Identity Card from concerned organization attested by NRL EIC, or recent

Pass port size Photograph.

4. Temporary Group Pass :


a. Modality : Group passes are issued whenever larger number of contractors’ workers are required for plant overhaul and other short duration big jobs like mass concreting.

b. Validity : for 2 / 3 days on recommendation from NRL EIC. c. Requirement : (i) List of all workmen along with their address (permanent and present

address) and recent photographs (ii) undertaking from contractor (forwarded by NRL EIC), taking all responsibility of activities of the workmen.

d. Signatories (in sequence) : Signature by Contractor’s representative, NRL EIC, P&A & CISF.

5. Vehicle Pass for Contractors: Refer clause 4.3.1

6. Special permission for holidays / Sundays / Night:

Modality: Special permission is required for working on holidays / Sunday / nights. For this, request letter, routed through NRL EIC & P&A, is to be initiated by the concerned contractor to CISF. 7. Material / Equipment Entry and exit:

Entry / Exit of material or equipment brought by the Contractor will be allowed through the

designated Gate as per procedure and policy of the company. In general, for any material / equipment’s brought inside the Refinery by the Contractors the challan must be endorsed at the designated Gate by Security Staff (CISF) and then taken to the authorized Representative of the Owner for checking before it is taken to site or put to use. While taking out the materials out of the Refinery, the same has to be certified by the same authorized Representative of Owner and the material gate pass along with stamped challan indicating cross reference to the gate pass will be handed over to security person at the designated Gate. Security Section will keep a record of Contractor’s men who enter the Refinery and keep P&A informed. The Security Staff will check Contractor’s vehicles including cars at the Gate. 2.3 WORK PERMIT SYSTEM

The Work Permit System is an important tool for ensuring safety in Hydrocarbon Processing & Handling Installations like Refinery, Marketing Terminals, LPG Bottling Plant, etc. For the safety of the personnel, machineries & plants, a safe and user friendly Work Permit System has been formulated in line with OISD & other statutory guidelines. If a work has to be performed by any person other than the operating personnel of that area, a duly authorized written permit shall be obtained by the executing agency before commencement of work. Such Permit is valid only for a specific job for a specific period. Every Contractor must comply with this Work Permit System without fail. If a work has to be performed by any person other than the operating personnel in that area, a duly authorized written Permit must be obtained by the person / agency executing the job before commencement of work. Since several maintenance & construction jobs are carried out with assistance from Contractors, it is essential to provide sufficient exposure to contractors, their supervisor and workmen about this Permit System. Work Permits are normally not issued directly to any Contractor. In generals NRL has the following system of permits. a) Hot Work Permit: Combined for hot job and confined space entry


b) Cold work permit c) Excavation permits d) Working at height e) Radiography permits f) Electrical lock out permit g) Road excavation permits h) Mobile material handling equipment permit

If required contractor has to prepare and submit job safety plan for special nature of job

along with the permit which are to be approved by EIC and Fire and Safety deptt. It is normally the contractor’s responsibility to fulfill the conditions of permit like keeping/wearing PPEs, Harness and life lines , gas detector , Portable fire extinguishers, spray nozzles, Fire hoses etc., however owner may also supply the same and if feel necessary may be charged also.

For the entire jobs, permits are to be taken as per owner’s prescribed format and procedure and must be initiated & get it signed by Owner’s designated representatives and other depts. as per procedure. Contractors working within Refinery without valid work permit or violating condition of permit may be panelized and shall be removed from the approved list of company contractors. 2.3.1 Special notes: • Before starting any work, contractor must obtained work permit. • Extension of permit must be taken in advance if job is to be executed further. • The conditions of permit must be satisfied at all the time. • For obtaining permit contractor must send qualified person/supervisor for taking permit

who has sufficient knowledge about the job. • The work permit is to be kept in the actual work site during execution. • The Owner representative may any time check the permit and permit conditions and has the

authority to stop the job. • All the jobs must be stopped on hearing the siren, which are mentioned in the other clauses

as per emergency procedure. And in such cases again fresh permissions are to be taken for restarting the job after normalcy.

• Electricity driven appliances such as drills, grinders, etc. require a permit before they are to

be used in plants, refinery roads, etc. • In case of diesel generating sets are required to be used for any particular work, the

contractor shall arrange for necessary, certificate for uses from Govt. Elect. Inspector. The wiring of DG set shall be with Double earthling ELCB and approved by NRL EIC.

2.4 USE OF PERSONNEL PROTECTIVE EQUIPMENTS:


The Personal Protective Equipments (PPE) are used at work site to reduce risk of dangerous occurrences and provide a physical barrier between the user and the hazard. It is of course of primary importance that Personal Protective Equipment (PPE) are carefully selected before procurement and then maintained. Improper selection, use and maintenance can only cause danger to the life of the user. All personnel using PPEs should be thoroughly trained about the right use of Personal Protective Equipment (PPE), its upkeepment and maintenance by the Contractor. If required, guidance from Owner’s representatives should be taken. PPEs are two types - Non-respiratory Personal Protective Equipment & Respiratory Personal Protective Equipment. The Contractor should follow the following guidelines.

• It is the prime responsibility of the Contractor to supply all PPEs to his workmen and strict adherence of the compliance of the same at the work place. He cannot allow his worker to perform job without using the requisite PPE for the job. Owner may issue any of these PPEs to Contractor, if available, on chargeable basis.

• All the PPE should be of BIS Standard or equivalent International standard. All PPEs like

Safety Helmet, Safety Shoe, Boiler Suit, Safety Belt, Harness, Gloves, Chemical suit, Mask, Welding goggles, Eye shield, Ear plug, Ear muff, BA apparatus, Life line, Mask for Toxic Gases should be procured as per this standard and supplied to his worker.

• Contactor should also ensure that these PPEs are replaced as per guidelines. • A register for issue of PPEs to the workers is to be maintained by the contractor at site

which may be checked by owners representatives. • Certain PPE like helmet, Safety Shoe and Boiler suit will be checked at Main Entry and

Owner will stop entry of such persons who are not having these PPEs. • Contractor should take advice from owner the probable requirement of PPE s for a specific

job before quoting or submitting his tender. • The contractor has to train his persons about the usage of PPEs. • Owner may check the quality of the PPEs supplied by the contractor to his workers through

competent persons. Owner may also stop work and impose penalty to the Contractor for not using PPEs by their employees.

2.5 INSPECTION / AUDIT

Inspection / Audit is a tool to evaluate compliance of all safety requirements inside our Refinery Premises. Most of the relevant information can be gathered through site inspection using ready-made checklists to ensure that the Contractors are following the rules and regulations at work site. Contractors are therefore required to develop checklists in consultation with Owner’s EIC & Safety Officers. Before starting a job and at regular interval thereafter, Contractor’s supervisor and Owner’s representative should inspect as per the checklist and take appropriate action in case of non-compliance. 2.6 PENALTY FOR NON-COMPLIANCE


In order to ensure 100% compliance of safety related regulations and procedures and non-use of PPE, penalty will be imposed on the Contractors or their Workmen not adhering to permit conditions / safety rules & regulations. The Contractors must endeavour to avoid penalty by encouraging, motivating and making their employees aware about all the Safety regulations. Remember that the purpose of this scheme is to ensure safety of the personnel & property. A few of the non-compliances are as under:

• Non-usage of PPEs / Safety Belt • Violation of safety permit conditions • Non-barricading of area • Working without valid work permit • Unauthorized road closure

1 The Penalties on the Contractor or their workmen may be in the form of:

• Warning • Seizure of Gate Pass • Denying Entry / Entry Pass renewal • Compulsory Training at Contractor’s cost • Delisting

2. Owner’s authorized representatives will report such violations to the concerned

departmental head for imposing necessary penalty. 3 The above penalties shall be double in case of violations more than 3 times during

the contractual period for a particular contract. 8. Imposing any penalties for violation of HSE norms does not absolve the

Contractors from their contractual obligation / responsibility. 9. Contractors shall own full responsibility for any accident and injury to any of their

employees or property due to violation of HSE norms. 10. All such financial Penalties imposed on Contractors shall be considered for

evaluation of Contractor’s performance for tendering.

2.6.1 ANNEXURE - I - FINANCIAL DETERRENCE FOR NON-COMPLIANCE

Sl Non-compliance Safety Regulations Penalty 1 Non-use of PPE like Helmet / Safety shoes / Etc. Rs. 100/day/ item / person 2 Working without valid work permit (Cold work) Rs. 500/ per occasion 3 Hot work without proper permit / clearance Rs 1000/ per occasion 4 Non-use ELCB, Use of non-standard socket, poor cable joint,

laying wire / cables on roads, electrical jobs by incompetent person, use of more than 24V power in confined space.

Rs.500/ per item per day

5 Working at height without safety belt, using non-standard scaffolding and not arranging fall protection arrangement.

Rs. 300/ per case per day


6 Handling of compressed gas cylinders without trolley, jubilee clips, double gauge regulator & improper storage & handling.

Rs. 200/ per item per day

7 Non fencing / barricading of excavated areas Rs. 500/ per occasion 8 Use of domestic LPG for cutting purpose Rs. 500/- per occasion 9 Not providing shoring / strutting / proper slope and dumping

at a place other than designated ones. Rs. 1000/- per occasion

10 Over speeding / rash driving, (> 25Km/Hr) or wrong parking. Rs. 500/- per occasion 11 Non-provision of fire fighting eqpt as per permit conditions. Rs. 500/- per item per day 12 Unauthorized Road closure/ blockage. Rs. 500/- per occasion 13 Non-deployment of safety supervisor / supervisor responsible

for safety at work site. Rs. 500/-per week

14 Poor Housekeeping Rs. 500/- per day 15 Failure to comply any safety conditions as per job safety plan. Rs. 500/- per occasion

2.6.2 ANNEXURE – II : FORM FOR INTIMATION 1. TO : EIC / HOD 2. NAME OF THE CONTRACTOR : 3. DATE & TIME OF VIOLATION : 4. AREA / LOCATION / UNIT : 5. DETAILS OF VOILATION : Sl Description of violation (Pl indicate the

penalty clause no) Penalty Remarks

1 2

Name: Signature: Date: 2.7 REPORTING UNSAFE ACTS/CONDITIONS/FIRE/ INCIDENT /

ACCIDENT / INJURIES / HAZARDS ETC If the Contractor’s employee notices any oil leak, fire or hazard or any other abnormal situation including unsafe acts and conditions he should immediately report to owner’s representatives. Also Refer emergency procedure clauses 3.3 2.7.1 Hazard communication including fire reporting and control:

Contractor must familiarize themselves about all probable sources of hazards like Fire, Explosion or Toxic release inside the Refinery & Marketing Terminal. He in turn will also ensure that the same information has been passed to his supervisor and workmen. Proper record of such dissemination of information must be kept by the Contractor and submit to the Engineer In charge on demand. 2.7.2 Action by person noticing Fire / Emergency situation are as under:


1. Attempt to extinguish fire with equipment available. 2. Inform NRL personnel immediately available in the job / unit. 3. Operate Fire Alarm (MCP) and / or inform Fire Station on telephone No.333/444 giving

specific information like identity of caller, location of fire/incident, other site information like road blocked, etc. for ensuring earliest arrival of fire crew & equipment.

2.7.3 Reporting Accident / Injuries and Records : • According to the Factory & Other Acts, any workman sustaining an injury in the Refinery

and then absenting himself from work from more than 48hours, his accident report is to be sent to the Government authorities. To comply with this regulation, it is the responsibility of the Contractor to inform immediately to Owner’s representative regarding the accident, which may occur to his employee while working in the Refinery premises.

• If any Contractor employee is referred to an outside hospital as a result of an injury

suffered by him and whether hospitalization is required or not, the Contractor will keep Owner posted on day to day basis about the condition of the injured person. Contractors to maintain proper records of Accidents of his personnel.

• Any injury must be reported to the Occupational Health Centre (OHC) and EIC

immediately. Also Contractor must fill in the First Information Report (FIR) within 4 hours from the incident and the accident investigation Report (AIR) within 24 hours of the incident.

• Contractors are also required to submit the safety statistics like accident / incident /

injuries for the last 3 consecutive years for the various jobs executed by them in various work sites along with tender.

2.7.4 FIRST AID / TREATMENT OF INJURIES: • In the event of any injury sustained by any of Contractor’s employees within Refinery &

Marketing Terminal Premises, it should be informed in 222/3700. The Contractor should ensure that FIRST- Aid should be immediately made available to the victim.

• Facilities for treatment of injuries (FIRST AID) are available at all times at the company

Occupational Health Center. Injuries should be treated with a minimum of delay. Contractors are to follow the advice given by the Occupational Health Centre for the subsequent treatment.

• Contractor shall arrange expenses for Medical treatment including charges during

hospitalization of Contractor’s Personnel. 2.8 SAFETY COMMITTEE MEETING:

To maintain awareness, update training, convey important safety and health information, Safety Meetings should be held at a periodic interval. The Contractor, their Supervisors & Safety supervisors, should attend such meetings. The Owner’s Supervisor / EIC and Safety Officers may


also attend these meetings at random basis. The Contractors should maintain record of these meetings. Following three types of safety meetings should be held. 2.8.1 Tool Box Meeting 2.8.2 Site Safety Committee Meeting 2.8.3 Periodic Safety Review Meeting 2.8.1 Toolbox meeting

To maintain awareness, update training and convey important safety and health information, contractor supervisors should conduct toolbox meetings at site prior to start of work. All Contractor workmen should attend this meeting. The Owner’s Supervisor / EIC & Safety Officers may also attend this meeting. The frequency of Toolbox meeting is to be decided based on the circumstances. 2.8.2 Site Safety Committee Meeting

The Safety Committee should include representatives from Owner, Consultant & Contractor and it should be headed by EIC. The purpose of this Committee is to enable Owner & Contractor to monitor Site safety to prevent accidents and improve working condition. Its size & membership will depend on the size and nature of job. Owner’s EIC / Safety Officer will guide in this matter. The Safety Committee should have monthly meeting and the outcome of these meetings should be documented. The functions carried out by safety committee should include: i. Review compliance status of pending items of last Safety meetings. ii. Discussion on incident / accident / near-miss reports to make appropriate recommendation

for prevention. Examination / evaluation of suggestions made by workmen. iii. Forward recommendation to Apex Body for consideration / approval. 2.8.3 Safety Review Meeting

This meeting is generally be headed by the Location head and attended by Owner’s Supervisor / EIC / Safety Officer and may be by all concerned department heads. Prime purpose of this review is to ensure that all the recommendations of various committees are being complied with. The frequency of the meeting is at least once in every quarter. All the investigation reports / audit findings with status of implementation shall be discussed. 2.9 SAFETY TRAINING

F&S Training is mandatory for all Contractor employees for getting a entry pass and also before start of any work inside the Refinery Premises. a Training of Contractors’ Proprietor, Partners, Directors, etc: • The Proprietors, Partners, Directors of the Contractors who have ultimate responsibility to

carry out the work must undergo a comprehensive safety familiarization programme.


• This programme would be conducted once in a quarter by Fire & Safety / Training & Development Section the schedule of which will normally be notified in advance.

• On complete ion of the programme a certificate of Attendance / Safety training card will be

issued to each participants which will be required for issue of Entry pass. b Supervisors’ Training: • Contractors’ supervisor will have to undergo 2 days training on Health, Safety and

Environment (HSE) in Refinery followed by one day training on “Work Permit Systems”. • On 3rd day a test will be held which may be consisting of written exam, viva or both. • HSE training card would be issued on the last day of the month to the supervisors who

successfully qualify these tests. Training card issued would be valid for 1 year. c Workmen’s Training: • Contractor’s workmen will have to undergo one day’s classroom and practical training on

“Safety in operation” before commencement of the job. • On completion of Training, “Certificate of Attendance” would be issued by F&S Section. • The “Certificate of Attendance” would remain valid for a period of one year. However, the

same may be required for rectification with the same procedure if the workman is found violating any safety norms or indulging any unsafe act.

• Entry pass would be issued on production of valid certificate only. d Refresher Training: Supervisors / workmen will be required to undergo refresher training from time to time as decided by Fire & Safety Section. The coverage & methodology of Refresher Training would be same as the initial training. 2.10 MEDICAL CERTIFICATE

Contractor will ensure that workers including Supervisors are medically examined by a certified surgeon / Occupational Health Physician having qualification of MBBS+AFIH as per Assam Factories Rule, 1960 or any competent physician before deployment on the job. Only medically sound person as certified by above medical practitioner would be allowed to do the job. Workmen deployed on high risk jobs like working in confined space, working at height, working under water, etc. must also be additionally certified for such jobs.

The medical certificates older than more than 6 months will not be accepted. Health Assurance certificates submitted by the Contractors would be checked at random by the Refinery medical officers. 3.0 SAFETY PRACTICES AT WORK PLACES: 3.1 SAFE PRACTICES FOR INDIVIDUALS


Refinery being a highly hazardous industry it is mandatory that the Contractor’s employees

follow all applicable safe practices and confine to the work place only and neither move from their job site nor loiter around the Refinery operating and other Units. They will not be allowed to relax or sleep in the operating units even in the period of work breaks. It is Contractor’s responsibility to explain all the safety regulations / instructions to his employees. All the Contractors and their employees must ensure the following.

3.1.1 General Loss Control Rules 3.1.2 Hazard Communication 3.1.3 Movement Inside Refinery 3.1.4 Dos & Don’ts 3.1.1 General Loss Control Rules: Numaligarh Refinery have some general Loss control rules, which will be reviewed after a periodic interval. All concerned should obey these Loss Control Rules. 1. Every employee / visitor / contractor / contractor employee must observe safety rules /

precautions and insist on its observance by others also. 2. Smoking is strictly prohibited inside Refinery & Marketing Terminal Premises. 3. Carrying of matches or any other means of ignition source is strictly prohibited in Refinery

& Marketing Terminal Premises. Before entering the Refinery & Marketing Terminal Premises, matches and lighters must be deposited at the Security Main Gate.

4. Do not wear loose clothing like Dhoti, Tie, etc in plant area as it is dangerous near running

machinery.

5. Wear cotton protective suits. Synthetic cloths may generate static electricity, which can be source of ignition in hydrocarbon processing plant.

7. In case of any accident / fire incident / dangerous occurrence, immediately report to your

supervisor / guide and telephone Fire & Safety dept at Tel: 333/444. Get first aid promptly at Occupational Health Centre.

8. Don’t touch any item inside the Refinery and carry out any job / operation without proper

authorization. 9. Before the start of any job be sure you know how to do it safely. If in doubt, ask your

supervisor and do not start the activity till you are fully aware of the job safety plan. 10. Fire fighting and safety equipments must be kept in designated places and access to be kept

unobstructed.

11. Only Diesel driven vehicles fitted with approved spark arrestor are allowed in designated roads inside the Refinery & Marketing Terminal Premises.

12. All stairways, platforms and walkways must be kept clear at all times.


13. If working in an isolated place, keep in touch with the person designated by your

supervisor. 13. Ensure conspicuous display of activities in progress or updated job status suitably at the

entry point of isolated and confined work place eg. Opening of vessel, column, etc. 15. Mobile phones / Cameras are strictly prohibited inside the refinery complex. 16. Non-sparking tools must be used in Hydrogen / LPG handling areas. 3.1.2 Movement inside Refinery / Marketing Terminal Premises 1. Always use walkways instead of short cuts. No one should walk through or across any

operative units unless their duties require them to do so. 2. Walking on or over any rolling item, mechanical roller or conveyor is prohibited. Avoid

walking on railroad tracks. Passing under railway wagon as a short cut is dangerous and strictly prohibited.

3.1.3 Dos & Don’ts 1. NO WORK is to be started until permits are obtained. 2. When work is completed, all le ft over junk and tools are to be removed to the proper /

designated places. 3. A guard may not be removed or adjusted while machinery is not operation. Guards must be

replaced before machinery is put back into operation. 4. All the tools to be used on job should be of good quality and good condition. Defective

tools are dangerous. Don’t leave tool or material from where it may accidentally drop on persons below.

5. During unit shutdown if ladders, grating or handrails are removed safety ropes must be

placed around the opening to eliminate the danger of fall. 6 Before starting excavation inside the refinery approval must first be obtained to avoid any

possible damage of electrical cables or pipelines. The excavation more than 1.5 m deep must be properly shored up before any employee is permitted to work on it.

7 Goggles or shields must be used when working on emery wheels, brushes, chipping etc., or

any other circumstances where there are possible eye hazards. 14 No clothing or any inflammable material is to be dried out on steam lines or any other hot

equipment. 15 Personnel handling corrosive chemicals such acid, caustic soda etc must wear Protective

clothing & equipment. Gas masks, if required, can be obtained from the F&S. 18. Drums, full or empty may not be used as worked benches or supports for any job, or in

place of ladders.


21. When a person is working in any vessel in the immediate vicinity of operating unit’s, one

person must be stationed at the opening of the vessel as a watchman. 22. Acetylene, Oxygen Cylinders must not be taken inside a Closed Vessel under any

circumstances. Torches always be taken outside the vessel for lighting & when not in use. 24. It is strictly prohibited to use any grade of petrol or any other inflammable liquid or

corrosive chemicals such as caustic soda or acid for cleaning purposes.

25. Transporting or storing of petrol / diesel or light products or corrosive chemicals etc. in any open container is strictly prohibited.

27. Do not transport samples by cycles, which are not equipped with special carriers. 28. Walking on pipelines is prohibited for both insulated and un-insulated Pipeline and shall be

considered as major violation of safety norms. 29. Use of Owner’s Facilities : Because of limited facilities Contractor’s employees are not

normally permitted to use the Refinery locker rooms, mobile canteen or sanitary facilities provided for Owner’s employees.

30. Lost and Found : Enquiries pertaining to lost and found property may be made at the

Security Section. Article found by an individual are to deposit in the Security Section.

3.2 HOUSEKEEPING

3.2.1 Housekeeping is an important aspect towards maintaining a healthy & safe work environment inside any Industry. If proper housekeeping can be maintained, lots of problems are automatically resolved. The Contractor therefore must ensure for removal of scrap, inflammable material, waste and debris at appropriate interval including proper storage of materials and equipment. The debris, scrap and other unwanted materials generated out of the activities carried out by the Contractors must be removed from site and shifted to the designated location or as instructed by EIC. The Contractor may ensure the following.

• Ensure proper storage of both Owners’ / Contractor’s materials & equipment at site used for carrying out the maintenance or construction job.

• Remove the loose materials, which are not required for use. Accumulation of these at the site can obstruct means of access to workplaces and passageways. Scrap generated out of the maintenance job should also be removed.

• Workplaces and passageways, that are slippery owing to oil, grease or other causes, should be cleaned up or strewn with sand, sawdust, ash etc.

• The workplace to be kept clean on continuous basis. Even for continued nature of work the work place must be cleaned not later than every four hour basis, non compliance of which shall be treated as major violation of safety norms.


• Before offering a completed job for final inspection/acceptance Contractor must ensure that all maintanance waste, scrap and other disposable items are removed from the workplace. Failing the same will call for rejection of inspection call and the contractor shall be penalised for the wastage of inspectors time through necessary recovery from their bill.

• All disposable material and scrap shall be dumped in the specified location only and panel recovery shall be made if found dumped in other location. It may be noted that in all the item rate contarct housekeeping is a part of the activities and as such deduction will be made in case of non-compliance.

3.2.2. Worksite Inspection Claerance Report

The following report to be attaeched with the final bill. The report should be filled up and signed after joint inspection after completion of work. Inspection should be carried out joinly by the represenataives of EIC, production deptt or area in charge and contractor represenataive.

i Formate for worksite Inspection Clearance report

Inspection Date Time

LOA no Name of the Work / Worksite

Cleaning Status

Workable Material

Stacked properly : Yes / No

Left scattered : Yes / No

Scrap Material

Transported to scrap yard : Yes / No

Left out at site : Yes / No

Waste Material

Transported to waste yard : Yes / No

Left out at site : Yes / No

Name of Representative Signature

Site I/C - Contractor

EIC - Maintenance

Area I/C - Operation


3.3 EMERGENCY PROCEDURES

Emergencies like fires, explosion, leakages or accidents may occur at any time and in any case if contractors’ personnel notice such abnormality he should immediately inform nearby NRL employees or Fire Station. He may use any of the following modes of communication to intimate Fire Station / Occupational Health Centre about the incident / accident.

i Intercom telephone to Fire Control room – 333/444 ii Breaking MCP (Manual call point) iii VHF Channel-8 iv PA system v Occupational Health Centre ( Ph 222) in case of injury

However, as a responsible person he should use portable Fire Fighting media in case of Fire

and inform immediately the nearby Owners representative / Fire Station. 3.3.1 Siren Code: To communicate during emergency, NRL has following siren code:

i Minor fire : No siren ii Major Fire : Waling sound for 2 minutes iii Emergency : In case disaster wailing siren will be sounded for 2 minutes thrice

at a gap of 2 minutes in subsequent blowing. Iv All clear : 2 minutes straight siren

3.3.2 Important Procedures to be observed during Emergency • If the Contractors employees notice any oil leak or fire, he should immediately report to

Owner’s representatives or Fire Station by using any one of the communication mode mentioned above and stop all the jobs.

• On hearing siren immediately work should be stopped, shut off the engines, such as

welding machines and take advise from owners representatives. • Those who are using firewater for any purpose must immediately stop using the same and

must shut off the hydrant valve from which water being taken. • Only when the all-clear siren is blown work should be resumed. Fresh permits should be

taken before commencing work in such cases. • Assist owner personnel in mitigating emergency situation as per advice. • Any contractor who is driving vehicle when the Fire Siren Sounds should park his vehicle

at a suitable location away from the site of Fire.

4.0 MAINTENANCE / CONSTRUCTION ACTIVITIES 4.1 EXCAVATION


Any excavation work inside the Refinery & Marketing Terminal Premises may affect underground sewers / telephone lines / cables / pipelines as a result of which there may be Fire & Explosion Accident or shutdown of the Plant. Any excavation within the limits of the refinery whether carried out by earth moving equipment or hands tools, requires an excavation clearance permit. It must be initiated & signed by Owner’s representative and other depts. as per procedure. The basic guidelines for excavation is as under:

4.1.1 General Provisions:

• Entire requirements as per IS-3764 & OISD 192 & 207 guidelines should be followed. All excavation work should be planned. The method of excavation and type of support work required should be decided considering the stability of the ground & affect on adjoining buildings, roads, underground pipes, cables or any other structures.

• All excavation work should be supervised and inspected for any defect regularly.

• Safe angle of repose while excavating trenches exceeding 1.5m-depth upto 3.0m should be maintained. Based on site conditions, provide proper slope, usually 450,and suitable bench of 0.5m width at every 1.5m depth of excavation in all soils except hard rock or provide proper shoring and strutting to prevent cave-in or slides.

• Don't allow vehicles to operate too close to excavated area. Barricade should be provided.

• Contractor’ shall not make any underground road crossing without the specific prior approval of the Owner’s representative. The Owner’s representatives shall make alternate arrangement for emergency movement of fire tenders. Area drug-up will be kept with “Road closed” barrier. Side berm of Road should invariably be excavated manually.

• Dumping of excavated earth should be done at the designated area only. Penalty will be imposed in case of non-compliance. Checklist to be prepared and to be submitted to EICs before commencement of any excavation.

4.1.2 Checklist for Excavation Clearance

Sl ITEM REMARKS i. Whether excavation hot work permit is taken? ii. Compliance status of precautions suggested in the permit.

1 ----

2 ----

iii. Whether barricading with glowing caution board is provided?

iv. Condition of the area where excavated earth is to be dumped. v. Others

Signature of Contractor’s Site In charge Signature of EIC 4.2 LADDERS AND SCAFFOLDS


Accidents are also caused by the ladders falling or the climber losing his balance or failure

of scaffolds. As such, utmost care should be taken for these two items normally used extensively for maintenance and construction purpose inside the Refinery. Some of the safe practices as listed below are to be observed before commencement of work. i Make sure that ladder is not defective or broken and is not a repaired one. All ladders used

must be sound construction and the right length for the job in hand. The free length must extend by 1.5 meters above the point of landing but should not be more than 1/4th of the ladder length. No portable single ladder shall be over 9 meter in length.

iii. Short ladder must not be tied together to give greater lengths. All ladders of 6 m or above

should be tied to the structure on which they are resting to prevent from slipping. If they cannot be fixed with reasonable security, a worker must be stationed at the base of the ladder to foot it to prevent slipping. Ensure that the ladder is placed at a safe angle to prevent slip or fall back.

iv Metal ladders may not be used for electrical work. v Every member of scaffolding must be of sound construction. Steel planks used in scaffolds

should be carefully inspected and should be tied on both sides with suitable fixing arrangements to the pipes. Scaffolding must not be overloaded.

ii The Steel pipe & clamp to be used must be of good quality. The spacing between the

vertical & horizontal members of the scaffolding should not be more than 1.5m and 1 meter respectively. The scaffolding should be further strengthened with cross bracing and stays.

iii The scaffolds should be provided with short climbs ladders for safe ascending / descending

of workmen in the job. Only those men who are well trained / experienced in erecting scaffolding should be engaged for scaffolding work. The men working in the actual erection / dismantling of the scaffolding and all persons using the scaffolding must use suitable PPEs.

iv Bamboo or other flammable material is not allowed inside refinery for any type of

scaffolding work other than specific purposes. v Every opening in the floor of a building or in a working platform shall be provided with

suitable means to prevent the fall of persons of materials by providing suitable fencing or railing.

vii The Contractor or his representative shall check the approach platform to scaffolding for

correctness and shall put a tag with signature that it is checked by them and found as per standard scaffolding norms. If required, necessary certificates regarding stability of such arrangement should be taken from the competent person before it is put to use.

4.3 VEHICLE MOVEMENT Vehicles are always a probable source of ignition and as such it is considered as a hazard. In petroleum refining installation, presence of hydrocarbon or other inflammable vapour can’t be ruled out. A minor source of ignition may cause fire & explosion and as such


movement of vehicle inside the Refinery is to be controlled. With this in mind vehicles shall normally be kept outside the Main gate and a limited number of vehicles will be allowed to ply. No petrol engine driven vehicle is allowed to ply inside the Refinery. Motorcycles & Cycles should also be parked in the designated area outside the Main Gate. However, some vehicles / mobile equipment, etc required for carrying out operation, maintenance & project activities may be allowed to ply inside the Refinery after certification with suitable justifications by the Engineer In-charge. Vehicle Owner & Driver of the vehicles, which are allowed to ply inside the Refinery Premises, must ensure to comply the following regulations. All relevant documents like RC, Insurance, License, PUC, Road tax clearances etc should be kept in the vehicle. 4.3.1 Permit for Vehicle & Driver 4.3.2 Dress code for Driver & Licensee 4.3.3 Fire & Safety Training 4.3.4 Diesel Vehicle / Spark Arrestor 4.3.5 Designated Parking Place 4.3.6 Speed Limit 4.3.7 Designated Route / No Entry 4.3.8 Precautions / Regulations for Heavy Vehicles 4.3.1 Permit for Vehicle & Driver: Vehicle Pass for contractors:

a. Modality: Vehicle pass is not issued to personal cars used by contractors for their outside

movement. However, if used for site activities (truck, dumper, maintenance van, etc), gate pass is issued for such vehicles on recommendation from NRL EIC. Only Diesel driven vehicles fitted with CCOE approved spark arrestors will be given gate pass.

b. Validity: Initial for a maximum period of 03 month, which may then be extended further on recommendation from NRL Engineer In-Charge.

c. Format: Printed format available with CISF. d. Gate pass of driver will be as per procedure for contractors’ workmen, based on application

along with all relevant documents. However few specific requirements are also shown here. e. Signatories (in sequence): Signatures of Contractor, NRL EIC, P&A, CISF. f. Necessary documents:

• Completely filled up format along with sign and seal of all signatories. • Copy of RC, Insurance, PUC Certificate, Fitness Certificate. • Copy of valid Driving License of the driver. • The owner must apply for entry pass both for vehicle and driver to CISF through P&A in

the prescribed format attaching all necessary documents. • All vehicles used inside the Refinery must be mechanically sound and having a current

vehicle registration applicable as per Motor Vehicle Act. No unauthorized person other than the authorized driver of that vehicle is permitted to drive the vehicle. Action may be taken against the owner in case it is violated.


4.3.2 Dress Code for Driver & Licensee: • The driver must have valid driving license and must wear uniform. 4.3.3 Fire & Safety Training:

Training on Fire & Safety is imparted to all Drivers / Helpers and after the training program, Safety Training Card is issued to the Drivers. The Drivers must keep this Safety training card with them. The Training card will be ceased if any Driver is found violating the safety instructions. Drivers having the formal permit must ensure to comply the following:

• Adherence to speed limit • Actions in case of emergency siren • Safety precautions to be exercised while driving the vehicle inside Refinery.

Regular Safety briefing is also normally carried out for the Drivers / Helpers by the Company employees. 4.3.4 Diesel Vehicle / Spark Arrestor:

Only diesel engine driven vehicle having CCOE (PESO) approved spark arrester is allowed to ply inside the operational area. The Spark arrestor will be checked at Entry by CISF. Permit of the Vehicle plying without proper spark arrester may be ceased. NRL may provide the spark arrester, if available, on chargeable basis. 4.3.5 Designated Parking Place:

Contractors and their employees should not park motor vehicles or other mobile equipment in any manner that will block Fire Hydrants, Fire Fighting / Protection Equipment & Alarm system and access to Building, Walkway. Etc. Vehicles may not be parked where they are likely to impede the movements of other vehicles in the Refinery and care must be taken when parking near railway tracks to see that sufficient clearance is allowed between vehicles and locomotive / trucks.

The driver should be near to the vehicle always when parked inside and in no case he should take out the key of the vehicle with him so that in case of emergency vehicle can be moved to safe place. Bus should stop only in the designated location / Bus Stop. 4.3.6 Speed Limit:

All vehicles entering or leaving the Refinery must come to complete halt at the Security Gate for checking by the Security Staff. The maximum speed limit of any vehicle inside Refinery is 25 KM /Hr.


4.3.7 Designated Route / No Entry:

Roads close to the Critical Units are not permitted to use by any type of vehicles. Contractor / Driver must make themselves aware of these traffic rules. 4.3.9 Precautions / Regulations for Heavy Vehicles:

While carrying out various operation, maintenance & project related activities inside the Refinery Premises, Contractors are required to use truck, tractor, trailer, damper, etc. In order to prevent any untoward incident out of the operation of these vehicles, Contractor must follow the following guidelines. • Contractor’s trucks and other mobile equipment’s should be built / constructed so as

to prevent material from falling off the mobile equipment on the Refinery roads. If the material does fall from contractor’s equipment, the contractor shall remove material from the road immediately. These equipments like must be maintained in good conditions.

• Hanging load on sides and at rear of vehicle is prohibited. If at all it is unavoidable,

permission is to be obtained from EIC. • Contractors must not refuel gasoline or diesel engine driven vehicles. When

refueling is to be done inside the unit during turnaround, a special permission should be obtained from the EIC / F&S Section.

• No vehicle shall be loaded beyond its Safe Working Load (SWL) capacity. • In case of any fire, all roads should be cleared for the movement of Fire Tenders &

Rescue Vehicles. Over taking is strictly prohibited inside the Refinery Premises. • Incident on violations of traffic rule within the Refinery premises if noticed will be

strictly dealt with. 4.4 ELECTRICAL SAFETY

Numaligarh Refinery Limited deals with product like Naphtha, SKO, Diesel and Hydrogen, which are very hazardous in nature in regard to flammability. The ignition point is so low that huge fire may occur with slightest of spark. Hence while dealing with electrical equipment / installation extreme care needs to be taken in terms of installation as well as operation. Hence ELECTRICAL SAFETY is prime requirement while executing any works inside the refinery. The subsequent clauses and sub clauses will give a brief idea about the system and procedure needs to be followed for operation of electrical equipment or running a electrical system. 4.4.1 Safety Standard: Applicable standards for Electrical Safety are:

i. OISD standard ii. Indian Electricity Rule 1956


iii. IS standard

4.4.2 Electrical License: Only persons having valid licenses should be allowed to work on electrical facilities. The person who had undertaken contract for electrical installation work must possess Electrical contractor license. The person who supervises any electrical installation work must posses Electrical supervisor license based on the voltage level. The person who performs electrical power connection must possess Electrician work permit. The document must be furnished before commencement of any such job. 4.4.3 Procedure for Temporary Electrical Power Connection:

Owner may supply power to the Contractor from the nearest substation at one point. The Contractor have to make his own temporary installation including temporary cable as per guideline stated below following the Indian Electricity Rule 1956 and OISD GN 192 for Construction Safety. The Contractor shall dismantle at his own cost the installation including temporary cabling etc. after completion of job failing which penal recovery, as deemed fit by the owner will be imposed.

The following are the minimum requirement for the Contractor electrical installation without which power connection will not be provided. Once completed, the Installation checked & certified by licensed supervisor. • The installation to be protected with proper shed to prevent ingress of water. o The SFU, bus bar chamber must be in metallic structure. The SFU must be provided

with HRC fuse. • The metallic stand / chamber must be earthed by using 2 nos of 3 meter long 65 mm

dia GI earth electrode using minimum 25x3 mm G I strip. All non-current carrying metallic part needs to be connected to earth.

• Static energy meter along calibration certificate needs to be installed. Required

numbers of Fire bucket & Fire extinguisher is to be installed wherever required. • The danger board must be displayed prominently. Authorization chart mentioning

the name of authorized person to be displayed. Artificial respiration chart to be displayed.

• All Isolation switches are well accessible. And the entire Installation area to be well

illuminated. All spare holes of the switchboard to be plugged. Wiring in the installation to be neatly dressed and all cable must be armored with proper size glands and lug.


i. After completion of installation, the Contractor must submit the application for temporary electrical connection along with test report as per the prescribed format.

ii. The Owner will designate engineer for inspection of the said installation and power

supply will be provided only after compliance of all safety requirements. Any delay on this account is attributable to the Contractor.

iii The addition of any load beyond the approved load must be intimated to in same format of application along with test report. The same needs to be inspected by owners Engineer. Violation of above procedure may liable for power disconnection.

iv The Owner from time to time will designate Engineer for checking of the installation and any non compliance found must be complied within a week failing for which power will be disconnected.

v The Contractor will maintain checking of the Installation every fortnightly and record the same in a register. Owners Engineer will review the register.

4.4.4 General Safety Precautions: • No person should be allowed to work on live circuit. • For power connection from Existing Refinery Electrical system, permit to be

obtained from Electrical SIC and job needs to be carried out as per his written instructions. Before obtaining permit, Insulation Resistance test to be carried out and report to be furnished to Electrical Shift In charge .The Contractor must furnish all the document as per QAQC procedure of the Electrical works.

• All temporary switchboards put up at work site should be suitably protected from

rain and the level of it should be enough to avoid contact with water due to water logging.

• Use only proper rated HRC fuses. Don’t overload any equipment or system.

Overloading of equipment may create overheating which ultimately led to fire hazard. ELCB for all temporary connections must be provided. Use insulated 3-pin plug tops.

• Industrial type extension boards and Plug sockets are only to be used. • Use spark-proof / flame proof type electrical fittings in Fire Hazard zones as per

area classification under OISD-STD-113. • All temporary cables should be laid at least 750 mm below ground and cable

markers should be provided. Proper sleeves should be provided at road crossings. Termination should be done using glands and lugs of proper size and adequately crimped.


• Illuminate suitably all the work areas. Hand lamps should be of 24V rating. • All switchboards should be of steel only. Incoming source should be marked. • Fire extinguishers (DCP/CO2/Sand buckets) should be kept near switchboards used

for construction purposes. Don't use water for fighting electrical fires. • Electricians should be provided with approved and tested tools, and personal

protective equipment such as rubber gloves, mats etc. • RCCB or ELCB should be provided as per Indian Electricity Rules used wherever

required. A Residual Current Operated Circuit Breaker (RCCB) or Earth Leakage Circuit Breaker (ELCB) protects a human being to the widest extent.

• Notices displaying important electrical safety information should be kept exhibited

at suitable places:

4.6 DEMOLITION

Demolition of any building or structure might cause accident or damage property. As such, all necessary precautions, methods and procedures should be adopted for demolition and disposal of waste or residues. The work should be planned and undertaken only under the supervision of a competent person after obtaining necessary permit. All hazards and risks involved in the process must be identified. A duly approved job safety plan must be available with the Contractor before commencement of any demolition job.

• Before any demolition work is commenced and also during the progress of the work, all

roads and open areas adjacent to the work site shall either be closed suitably protected. • All electric, hydrocarbon and utility service lines near the site should be shut off or

adequately protected against damage before work commences. • As far as practicable, the danger zone round the site should be adequately fenced off. • Demolition activities should not be continued under adverse climatic conditions such as

high winds, which could cause the collapse of already weakened structures. • Structures should not be left in a condition in which they could be brought down by wind

pressure or vibration. 4.5 WORK OVERHEAD / HOSTING EQUIPMENT

Accidents do happen while working overhead or due to failure or unsafe use of hoisting equipment. As such, adequate care must be taken to prevent it. The following are some of the precautions to ensure safety of the workmen engaged by the Contractor.


i Contractors involved in handling of any material overhead must install necessary barricades, warning signs or take any other steps necessary to prevent others from walking / standing beneath the load.

ii. All equipments like crane, chain blocks, sling, rope including all other material handling

equipments must have valid load test certificates. iii. If handrails are temporarily removed from platforms, stairways, etc., the resulting opening

should be protected by extending rope line or by any other suitable device. iv Contractors must safeguard their workmen on all overhead work by ensuring suitable

construction and erection of ladders & scaffolding. Contractors must also take measures to safeguard person on ground against objects falling from the work above.

v Hoisting machines, tackles including their attachments, anchorage & supports must

conform to the good mechanical construction, sound materials and adequate strength and free from patent defect and shall be preserved in good condition.

vi Every crane driver or hoisting appliances operator shall be properly qualified and no person

below the age 21 years should be in charge of any hoisting machine. vii Every hoisting machine and all gears shall be plainly marked with the safe working load.

No part of any machine or gear shall be loaded beyond the safe working load. viii In case of owner’s machine, the safe working load shall be notified by EIC. For

Contractor’s machines, the Contractor shall notify the safe working load to EIC. vi Motors, gearing transmission, electric wiring and other dangerous parts of hoisting

appliances should be provided with safe guards. ix Permission must be obtained from EIC before any person is allowed to work on an asbestos

roof with all fall arresting appliances. When working on asbestos covered roofs, proper boards must be used to support your weight-crawling boards or cat ladders.

4.8 USE OF OWNER’S EQUIPMENT & MACHINERY 4.8.1 Use of Owner’s Equipment: i. Owner’s equipment must not be handled or tampered with by the Contractor &

Contractor’s employees. Owner may grant permission to Contractor to operate his equipment, if so require, but Contractor shall not use Owner’s equipment and tools without obtaining permission from Owner’s representative.

ii. Contractor shall assume full responsibility for proper care of Owner’s equipment and tools,

which are made available to them for the execution of their work and ensure to return such equipment and tools in good working order. Owner will recover from Contractor’s full cost of repairs to or replacement of equipment or tools in the event some damage is occurred due to improper use while in Contractor’s custody.


iii. Contractor is not permitted to make use of the Company’s transport, unless special permission is obtained from competent authority.

iv. Work of private nature using Company’s or Contractor’s equipment and / or materials is

not to be performed in the Refinery site. v Tie -in to Owner’s Equipment / System : Contractor shall not open or tie -in their work

into Owner’s existing pipeline, equipment, sewer systems, electrical power circuits, and other process equipment without specific approval from the Owner’s representative.

vi Safety Equipment : • All Contractors’ must return the safety equipment loaned to them as soon as the work is

completed. Loss or damage to this equipment will be charged. • Safety equipment, barricade ribbon, no entry sign board, etc given during any job as per job

safety plan must be removed immediately once job is over. Continuing with such equipment even after completion of work shall also be treated as violation of safety norms.

4.9 TEMPORARY OFFICE / SHED

Temporary construction inside Refinery / Marketing Terminal Premises is normally not permitted. However, for a specific period if such shed is required for any construction / maintenance job, it may be permitted provided it meets some specific requirements apart from meeting the requirement of IS 8758. Therefore temporary construction should be done once it is approved by the EIC. In general temporary construction should have access, exit & entry and fire protection facilities. Normally temporary sheds will be allowed only in the hillock east of Fire Station. The following are to be followed for getting permission.

i The Contractor should submit formal application for making temporary shed inside Refinery / Marketing Terminal to EIC who in turn take approval from Maintenance Planning. MP will route it Civil Maint, Electrical Maint and F&S for comments. The details like work order reference, purpose, size & shape, materials of construction, duration, location, power requirement & single line diagrams, etc should be submitted to EIC in the format indicated below.

ii The shed so constructed should not be at the cost of safety, security or aesthetics. Torn /

rusted / repaired items should not be used for construction. The Contractor must ensure housekeeping aspect.

iii. Power connection should be done only after approval by Electrical Maintenance Section. 4.9.1 Format / Checklist for applying for Temporary shed Construction: Sl. Description Remarks 1 Name of the Contractor / Contact person / Contact details 2 Description of the Job 3 Name of the Department / Name of EIC 4 Purpose for which the shed is required. 6 Location should be made in a plot plan showing distances from all


major structures, hazardous units etc. 7 Size & materials of construction of the shed. (enclose sketch) 8 Single line diagram. (enclose sketch) 9 Duration / timing of work inside the shed. 10 Approximate duration for which the shed is required. 11 Fire Protection Measure, if any. 12 An undertaking to the owner that the temporary office shall not be used

for any other purposes other than execution or managing execution of specific work as per agreed contractual terms with the owner.

5.0 STATUTORY / OISD GUIDELINES: Contractors and their supervisors must acquaint themselves with all the relevant statutory guidelines like Factories Act and Assam Factories Rule, Indian Explosives Acts and Rules, Petroleum Acts and Rule, Indian Electricity Acts and rules, relevant IS codes, etc. relating to safety while working inside a hazardous industry like Refinery, Marketing Terminal & LPG Bottling plants. Copies of such statutory guidelines must be available with the Contractor as ready reference. Copies of OISD guidelines 105, 113,155, 192, 207, etc may be made available as and when required for reference by the Contractors.

--------------------------- x ---------------------------


SPECIAL CONDITIONS OF CONTRACT (SCC)

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(SECTION - 4)



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TABLE OF CONTENTS

S. NO. DESCRIPTION

1.0 GENERAL 2.0 SCOPE OF WORK& SCOPE OF SUPPLY 3.0 PROJECT SITE FACILITIES (WATER & POWER) 4.0 TIME OF COMPLETION 5.0 DELETED 6.0 COMPLIANCE WITH LAWS 7.0 DELETED 8.0 TAXES, DUTIES AND LEVIES 9.0 INCOME TAX & CORPORATE TAX

10.0 FIRM PRICE 11.0 PROVIDENT FUND 12.0 MOBILISATION ADVANCE 13.0 CHANGE ORDERS 14.0 STATUTORY APPROVALS 15.0 DISTINCTION BETWEEN FOUNDATION AND SUPERSTRUCTURE 16.0 TESTS AND INSPECTION 17.0 INSPECTION OF SUPPLY ITEMS/ MATERIALS 18.0 FINAL INSPECTION 19.0 SITE CLEANING 20.0 CONSTRUCTION EQUIPMENT AND ORGANIZATION 21.0 MEASUREMENT OF WORKS 22.0 TERMS OF PAYMENT 23.0 DELETED 24.0 QUALITY ASSURANCE/ QUALITY CONTROL 25.0 HEALTH SAFETY AND ENVIRONMENT (HSE) MANAGEMENT 26.0 SUB-CONTRACTORS 27.0 COMPUTERIZED CONTRACTORS BILLING SYSTEM 28.0 COMPLETION DOCUMENTS 29.0 COORDINATION WITH OTHER AGENCIES 30.0 UNDERGROUND AND OVERHEAD STRUCTURES 31.0 ROYALTY 32.0 EXCAVATION BY BLASTING 33.0 EXECUTION OF ELECTRICAL WORKS 34.0 MAKE OF MATERIALS 35.0 SURPLUS MATERIAL 36.0 PACKING, FORWARDING AND SHIPMENT 37.0 RESPONSIBILITY OF CONTRACTOR 38.0 MECHANISED CONSTRUCTION 39.0 CHECKING OF LEVELS 40.0 REGISTRATION OF THE CONTRACT WITH STATUTORY AUTHORITIES 41.0 TEST CERTIFICATES 42.0 SETTLEMENT OF DISPUTE (APPLICABLE FOR PSU's BIDDERS) 43.0 CENVAT BENEFITS 44.0 DELETED 45.0 ADDITIONAL WORKS/ EXTRA WORKS 46.0 GUARANTEE 47.0 LIMITATION OF LIABILITIES 48.0 FABRICATION SHED AND WAREHOUSING



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49.0 FORCE MAJEURE 50.0 COMPENSATION FOR DELAY (LIQUIDATED DAMAGES) 51.0 SECURITY DEPOSIT

APPENDIX TO SCC

APPENDIX-I MEASUREMENT OF WORKS APPENDIX-II TERMS OF PAYMENT

APPENDIX-III SCOPE OF WORK APPENDIX-IVA MANPOWER CRITERIA APPENDIX-IVB PENALTY FOR NON-MOBILIZATION OF KEY CONSTRUCTION

PERSONNEL APPENDIX-IVC KEY CONSTRUCTION MANPOWER TO BE DEPLOYED BY THE

CONTRACTOR APPENDIX-VA REFERENCE LIST OF MAJOR EQUIPMENTS (TO BE DEPLOYED BY

CONTRACTOR)APPENDIX-VB PENALTY RATE FOR NON DEPLOYMENT OF EQUIPMENTS



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1.0 GENERAL 1.1 Special Conditions of Contract shall be read in Conjunction with the General conditions

of Contract, specification of work, Drawings and any other documents forming part of this Contract wherever the context so requires.

1.2 Notwithstanding the sub-division of the documents into these separate sections and

volumes ever part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the Contract so far as it may be practicable to do so.

1.3 Where any portion of the General Condition of Contract is repugnant to or at variance

with any provisions of the Special Conditions of Contract, unless a different intention appears, the provisions of the special Conditions of Contract shall be deemed to over-ride the provisions of the General Conditions of Contract and shall to the extent of such repugnancy, or variations, prevail.

1.4 Wherever it is mentioned in the specifications that the Contractor shall perform certain

Work or provide certain facilities, it is understood that the Contractor shall do so at his cost and the Value of Contract shall be deemed to have included cost of such performance and provisions, so mentioned.

1.5 The materials, design, and workmanship shall satisfy the relevant Indian Standards, the

Job Specifications contained herein and Codes referred to. Where the job specification stipulate requirements in addition to those contained in the standard codes and specifications, these additional requirements shall also be satisfied.

1.6 In case of an irreconcilable conflict between Indian or other applicable standards,

General Conditions of Contract, Special Conditions of Contract, Specifications, Drawings or Schedule of Rates and any other portion of Bidding Document the following shall prevail to the extent of such irreconcilable conflict in order of precedence.

i) Letter of Acceptance along with enclosures. ii) Telex/Telegram of Acceptance. iii) Schedule of Rates as enclosures to Letter of Acceptance. iv) Special Conditions of Contract v) Job / Particular Specifications. v) Scope Of Work. vi) Drawings vii) Technical / Material Specifications. viii)General Conditions of Contract. ix) Indian Standards x) Other applicable Standards

1.7 It will be the Contractor's responsibility to bring to the notice of Engineer-in Charge any

irreconcilable conflict in the contract documents, before starting the work (s) or making the supply with reference, which the conflict exists.

1.8 In the absence of any Specifications covering any material, design of work (s) the same

shall be performed / supplies / executed in accordance with Standard Engineering



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Practice as per the instructions / directions of the Engineer-in- Charge, which will be binding on the Contractor.

1.9 INSTRUCTIONS TO BIDDER shall be applicable as per SECTION 2.0 of NIT. 1.10 Defination:

a) “Owner” shall means Numaligarh Refinery Limited, a company within the companies

act 1956 having its registered office at 122A, GS Road, Christian Basti, Guwahati-781005, Assam.

b) “Consultant” shall means Projects & Development India Ltd. having its registered office at A-14, Sector –1, NOIDA, Dist- Gautam Budh Nagar, UP – 201301,India.

c) 'Effective Date of Contract' shall means the date of issuance of LOI.

2.0 SCOPE OF WORK & SCOPE OF SUPPLY 2.1 The Scope of Work and Scope of Supply of the Contractor is described separately in the

Bidding Document as Appendix – III to SCC. It is, however, explicitly understood that the scope as described is not limiting, in so far as the responsibilities of the Contractor are concerned and shall include, inter-alia, carrying out any and all works and providing any and all facilities as are required to complete the works in all respects. Until the Owner’s scope of supply is clearly specified, all materials shall be in Contractor’s scope of supply.

3.0 PROJECT SITE FACILITIES (WATER & POWER) 3.1 Water for Construction purpose shall be made available by Owner, free of cost, at one

point near the site premises. However, further necessary connections and facilities shall be arranged by Contractor at his cost.

3.2 Power to be provided by the owner free of cost. 4.0 TIME OF COMPLETION 4.1 The work shall be executed strictly as per time Schedule mentioned elsewhere in the

Bidding Document. The period of completion given includes the time required for mobilization as well as testing, rectifications, if any, retesting and completion in all respects to the entire satisfaction of the Engineer-in-Charge.

4.2 The Engineer-in-Charge and Contractor will prepare a joint programme of execution of

work. This programme will take into account the time of completion mentioned above. 4.3 Monthly/ weekly construction programme will be drawn up by Engineer-in-Charge jointly

with the Contractor based on availability of work fronts and the joint construction programmes as 4.2 above. The Contractor shall strictly adhere to this Targets/ Programme.

4.4 Contractor shall give every day report on category wise labour and equipment deployed

along with the progress of work done on previous day in the proforma prescribed by the Engineer-in-Charge.



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5.0 DELETED 6.0 COMPLIANCE WITH LAWS 6.1 The Contractor shall abide by all applicable rules, regulations, statutes, laws governing

the performance of works in India, including but not limited to the following:

i) Contract Labour (Regulation & Abolition) Act 1970& the centre rules1971 framed thereunder ii) Payment of Wages Act. iii) Minimum Wages Act. iv) Employer’s Liability Act. v) Factory Act. vi) Apprentices Act. vii) Workman’s Compensation Act. viii) Industrial Dispute Act. ix) Environment Protection Act. x) Wild life Act. xi) Maritime Act. xii) Any other Statute, Act, Law as may be applicable.

7.0 DELETED 8.0 TAXES, DUTIES AND LEVIES 8.1 Contract Price shall be inclusive of all Taxes and Duties including Excise duty, Sales

tax, Custom duty (including countervailing duty, additional duty and special duty, if any) Education cess and other levies payable by the Contractor for performance of the Contract except Cenvatable Service Tax which shall be payable extra at actual at the prevailing rate against proper invoice, and contract price shall also be inclusive of all salutatory fees etc. payable for obtaining clearance, approvals and inspection by statutory authority, if any. However, statutory variations in Taxes and Duties such as Excise duty, Sales tax, Custom duty, Work contract tax/ Service tax/ Educational cess, Works Contract tax/Service tax and other levies on finished goods upto the scheduled completion time of the project will be on Owner's account. If there is delay beyond contractual delivery date for reasons attributable to Contractor, any increase in Taxes and Duties will be borne by the Contractor and any decrease shall be passed on to Owner.

8.2 Owner shall make from Contractor's bills such tax deductions as are required as per

rules and regulations in force from time to time. 8.3 It is for the Bidder to assess and ascertain the rate of above taxes & duties applicable on

quoted items. It is clearly understood that Owner will not have any additional liability towards payment of above taxes & duties which are based on Bidder’s wrong assessment / interpretation of applicability of said taxes & duties.

8.4 Entry tax shall also be contractor’s responsibility and same shall be paid by the

contractor for supply of materials to NRL Site as applicable in Assam. OWNER will not be liable for payment of any Entry tax.

8.5 Concessional forms (‘C’ Form) for CST will be issued for all applicable cases. However,

no road permit will be provided for supply of material against this contract. Contractor



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shall have to register under Assam VAT Act, 2003 and road permit shall be arranged by the contractor himself.

8.6 Applicability of Custom Duty 8.6.1 Bidder to consider and include Merit Rate of Customs Duty in the quoted prices where

raw material/ components are of imported in natutre. The maximum CIF value of materials envisaged to be imported for the purpose of permanent incorporation in the Works shall be indicated separately in the Schedule of Rates in FORM:B2 in Indian Rupees only. The CONTRACTOR shall within 10 (Ten) working days of dispatch/shipment of any such materials forward to the OWNER the Supplier’s/Vendor’s invoice indicating item wise price of the materials for the purpose of assessing Customs and other import duties, Bill of Lading/Airway Bill, package wise packing list, certificate of origin and other relevant documents relating to the identification of the materials, the assessment of customs duties and the clearance of the goods through Customs. The CONTRACTOR shall be fully responsible for Port and Customs clearance including stevedoring, handling, unloading, loading and storage and for satisfying all Port and Customs formalities for the clearance of the goods, including preparation of the Bill(s) of Entry and other documents required for import and/or clearance of the goods. The CONTRACTOR shall also be fully responsible for any delays, penalties, demurrages, shortages and other charges and losses, if any, in this regard. The customs duty and other import duties payable on the CIF value of materials imported for the purpose of permanent incorporation in the work shall be paid directly by the OWNER.

The OWNER’s responsibility shall be limited to:

(a) Payment of Customs and Customs related duties (including countervailing duty,

Additional Duty, Special Additional Duty) payable on the imported materials consigned to the OWNER and required for incorporation in the permanent works up to the import value aggregate of said duties payable on the CIF value thereof indicated in FORM:B2 of the Schedule of Rates as assessed by the Indian Customs Authorities on the Bills of Entry;

(b) In case of CIF value exceeds than indicated in FORM:B2 due to change of source

from indigenous to imported for reasons attributable to contractor, the customs duty/penalties and other charges shall be paid by the Contractor. However the CVD/SAD part of the Duty so paid shall be reimbursed against the submission of Bill of Entry for availing CENVAT Benefits.

8.6.2 Although the OWNER’s liability to pay Customs and Customs related duties shall be

limited to the Customs Duty, Countervailing Duty and any other special duty related to Customs leviable on the CIF value indicated in the FORM:B2 of the Schedule of Rates at the concessional rate(s) applicable to relative imports, such value may be reduced or increased, as the case may be, by virtue of any Change Order, and upon any such increase or reduction, as the case may be, the OWNER’s maximum liability to pay customs duty and customs related duties shall be accordingly increased or reduced, as the case may be.

8.6.3 If for any reason other than a Change Order/Extra work order, the total CIF Price of

imported materials mentioned in FORM:B2 of the Schedule of Rates is exceeded or any penalty or other charges or higher rate of duty than applicable to relative imports is levied on the OWNER with respect thereto, the Customs Duty/penalties and other charges or levies, if any, to the extent of the excess levied, shall be to the CONTRACTOR’s account and shall be borne and paid wholly by the CONTRACTOR as and by way of



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adjustment/deduction in the price of materials payable. However, any demurrage / detention charges /penalty payable solely due to reasons attributable to Owner shall be settled mutually.

8.6.4 Customs Duty, Countervailing Duty and any other Customs related duties shall be

reimbursed by the OWNER against the claim by the contractor on submission of documentary evidence.

8.6.5 The CONTRACTOR shall provide the OWNER with all documents necessary for the

OWNER to claim CENVAT benefit on the countervailing duty (CVD)/SAD paid on the imported materials covered by the Supplies, including but not limited to CENVAT Bill of Entry. Should the CONTRACTOR fail to provide any such document(s) resulting in a shortfall in the CENVAT benefit available to the OWNER on the countervailing duty/SAD paid, the shortfall shall be made good by the CONTRACTOR, and shall be deductable without prejudice to any other mode of recovery from the Running Account or other bills or payments to the CONTRACTOR. However, Contractors responsibility is only to provide CENVATABLE documents to Owner.

8.6.6 Wherever Import Licence(s) are required as per statutory rules, CONTRACTOR shall

arrange the same. Owner will not provide the import licence. 9.0 INCOME TAX & CORPORATE TAX 9.1 Income Tax deductions shall be made from all payments made to the Contractor as per

the rules and regulations in force in accordance with the Income Tax Act prevailing from time to time.

9.2 Corporate Tax Liability if any shall be to Contractor's account. 10.0 FIRM PRICE 10.1 The contracted prices shall be firm and fixed except statutory variation in taxes & duties

till the completion of the works in all respects and no escalation in prices on any other account shall be admissible to the Contractor.

11.0 PROVIDENT FUND 11.1 The Contractor shall strictly comply with the provisions of Employees Provident Fund Act

and register themselves with RPFC before commencing work. The Contractor shall deposit Employees and Employers contributions to the RPFC every month. The Contractor shall furnish along with each running bill, the challan/receipt for the payment made to the RPFC for the preceding months.

12.0 MOBILISATION ADVANCE - No mobilisation advance shall be applicable and payble

for this contract. 13.0 CHANGE ORDERS 13.1 A change order will be initiated in case:

i) The Owner directs the Contractor to include any addition to the scope of work not covered under this contract or deletes any part of the scope of the work under the contract.



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ii) Contractor requests to delete any part of the work which will not adversely affect the operational capabilities of the project and if agreed by the Owner and for which cost and time benefits shall be passed on to the Owner.

13.2 Any changes required by the Owner before giving their approval to detailed procedure or

any other document relating to material procurement, layout plans etc for complying with the requirements of bidding document shall not be construed to be a change in the scope of work under the contract.

13.3 Any change order as above comprising an alteration which involves a change in the cost

of the works (which sort of alteration is hereinafter called a "Variation") shall be the subject of an amendment to the contract by way of an increase or decrease in the contract price and adjustment of the Construction Schedule if any.

13.4 If the contract provides applicable rates for the valuation of the variation in question the

contract price shall be increased or decreased in accordance with those rates. If the parties agree that the contract does not contain applicable rates then the parties shall negotiate a revision of the contract price which shall represent the change in cost of the works caused by the variations. Any change order must be duly approved by the Owner in writing.

13.5 If there is a difference of opinion between Contractor and Owner whether a particular

work constitutes a change order or not, the matter shall be handled in accordance with the procedures set forth in para 13.7.8 and 13.7.9 here below.

13.6 Within 10(Ten) working days of receiving the comments from the Owner on the

documents submitted by the Contractor for approval, the Contractor’s response in writing stating which item(s) is/are potential change (s), if applicable, will be submitted to the Owner.

13.7 Procedure 13.7.1 During execution of work if the Contractor observes that any new requirements which is

not specific or intended in the bidding document has been indicated by Owner, they shall discuss the matter with Owner's representatives.

13.7.2 In case such requirement arises from the side of the Contractor they would also discuss

the matter with Owner's Representative. 13.7.3 In either of the two cases above, the representatives of both the parties shall discuss the

project requirement and mutually decide whether the project requirement constitutes a change order.

13.7.4 If it is mutually agreed that the project requirement/Inquiry constitutes a "Change Order"

then a joint memorandum will be prepared to confirm a "Change Order" and basic ideas of necessary agreed modifications.

13.7.5 Contractor will study the work required in accordance with the Joint memorandum and

assess subsequent schedule and cost effect if any. 13.7.6 The results of this study would be discussed mutually to enable Owner to give a final

decision whether Contractor should proceed with the Change Order or not, in the best interest of the Project.



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13.7.7 If Owner's representative accepts the change order in writing then Contractor shall proceed with the work stipulated in the Change order. Time worked by all workmen employed and a statement showing the description and quantity of all materials and plant utilised for extra work shall be submitted to Owner. The Owner’s representative shall sign and return to the Contractor the statement, as agreed. At the end of each month the Contractor shall deliver to the Owner’s representative a priced statement of the labour, materials and plant used. Whenever any dispute arises as to cost allocation between the Contractor and the Owner, the voucher shall nevertheless be signed by the Owner as a record of time worked and materials used. List and vouchers so signed will be the subject of negotiations between the Owner and the Contractor regarding their costs allocation.

13.7.8 In case, mutual agreement as above that is whether Project Requirement constitutes a

Change order or not, is not reached, then Contractor, in the interest of the project, shall take up the implementation of the work, if advised in writing to do so by Owner's representative pending settlement between the two parties to the effect whether the Project Requirement constitutes a change order or not as per the terms and conditions of Contract Documents.

13.7.9 The time and cost effect in such a case shall be mutually verified for the purpose of

record. Should it be established that the said work constitutes a Change Order, the same shall be compensated taking into account the records kept and in accordance with the contract.

13.7.10 Should the amount of extra work/ change order, if any, which the Contractor may be

required to perform by the Owner, fairly entitles the Contractor to extensions of time beyond the scheduled completion date for completion of either the whole of the works or for such extra work only, the Owner and the Contractor shall mutually discuss and decide the extension of time, if any to be granted to the Contractor.

14.0 STATUTORY APPROVALS 14.1 The approval from any authority required as per statutory rules and regulations of

Central/State Government/Local Bodies shall be the contractor's responsibility unless otherwise specified in the bid document. The application on behalf of the Owner for submission to relevant authorities along with copies of required certificates complete in all respects shall be prepared and submitted by the Contractor well ahead of time so that the actual construction/ commissioning of the work is not delayed for want of the approval/inspection by concerned authorities.

14.2 The Contractor shall arrange the inspection of the works by the authorities and

necessary co-ordination and liaison work in this respect including payment of statutory fees, if any, shall be the responsibility of the contractor without any financial implication to the Owner.

14.3 Any change/ addition required to be made to meet the requirements of the statutory

authorities shall be carried out by the contractor without additional cost to Owner. The inspection and acceptance of the work by statutory authorities shall however, not absolve the contractor from any of his responsibilities under this contract.

15.0 DISTINCTION BETWEEN FOUNDATION AND SUPERSTRUCTURE 15.1 To distinguish between work in foundations and superstructures, the following criteria

shall apply:



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15.2 For all Equipment pedestals, pipe racks, other foundation and R.C.C. Structures, work

done upto 300 mm level above finished grade level will be taken as work in foundations and work above this level will be treated as work in superstructures and payments would be made accordingly.

15.3 For Buildings only, all works upto level corresponding to finished floor level shall be

treated as `Work in foundation' and all works above the finished floor level shall be treated as "Work in superstructure".

15.4 Irrespective of what has been stated above, all pavements, R.C.C. Retaining wall, all

pipe sleepers and any similar item would be taken as work done in foundations irrespective of locations, nomenclature and levels given anywhere. 15.5 Where not specifically pointed out all works in Cellars/ sumps, Tank Pads, Cable trenches, or such similar item would be taken as work in foundation.

16.0 TESTS AND INSPECTION 16.1 The Contractor shall carry out the various tests as enumerated in the technical

specifications of this bidding document and the technical documents that will be furnished to him during the performance of the work.

16.2 All the tests either on the field or at outside laboratories concerning the execution of the

work and supply of materials by the Contractor shall be carried out by Contractor at his own cost.

16.3 The work is subject to inspection at all times by the Engineer-in-Charge. The contractor

shall carry out all instructions given during inspection and shall ensure that the work is being carried out according to the technical specifications of this bid document, the technical documents and the relevant codes of practice will be furnished to him during the performance of the work.

16.4 The Contractor shall provide for purposes of inspection access ladders, lighting and

necessary instruments at his own cost. 16.5 Any work not conforming to execution drawings, specifications or codes shall be rejected

forthwith and the Contractor shall carryout the rectifications at his own cost. 16.6 All results of inspection and tests will be recorded in the inspection reports, proforma of

which will be approved by the Engineer-in-Charge. These reports shall form part of the completion documents.

16.7 For materials supplied by Owner, Contractor shall carryout the tests, if required by the

Engineer-in- Charge, and the Owner shall reimburse the cost of such tests at actual to the Contractor on production of documentary evidence.

16.8 Statutory fees paid to IBR authorities and for repeat tests and inspection due to failures,

repairs etc. such reasons attributable to the Contractor shall be borne by the Contractor. 16.9 Inspection and acceptance of work shall not relieve the Contractor from any of his

responsibilities under this Contract. 17.0 INSPECTION OF SUPPLY ITEMS/ MATERIALS



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17.1 All inspection and tests on bought out items/ materials shall be made as per the specifications forming part of this contract. Various stages of inspection and testing shall be identified after receipt of Quality Assurance Programme from the Manufacturer duly vetted by Contractor.

17.2 Inspection calls shall be given for associations of Owner/Consultant /Third Party

Inspection Agency (TPIA) representative as per mutually agreed programme in prescribed proforma with 15 days margin, giving details of equipment and attaching relevant test certificates and internal inspection report of the manufacturer. All drawings, General Arrangement and other contract drawings, specifications, catalogues etc. pertaining to equipment offered for inspection shall be got approved from Owner/CONSULTANT and copies shall be made available to Owner/ Consultant /TPIA before hand for undertaking inspection.

17.3 The Contractor/Manufacturer shall ensure full and free access to the Inspection Engineer

of Owner/PDIL/TPIA at their premises at any time during contract period to facilitate him to carry out inspection and testing assignments.

17.4 The Contractor/Manufacturer shall provide all instruments, tools, necessary testing and

other inspection facilities to Inspection Engineer of Owner/ Consultant /TPIA free of cost for carrying out inspection.

17.5 Where facilities for testing do not exist in the Contractor/Manufacturer’s laboratories,

samples and test pieces shall be drawn by the Contractor/Manufacturer in presence of Inspection Engineer of Owner / Consultant /TPIA and duly sealed by the later and sent for testing in Government approved Test House or any other testing laboratories approved by the Inspection Engineer at the Contractor’s cost.

17.6 All imported items /materials supplied by the Contractor shall be inspected by Third Party

Inspection Agency to be engaged by the Contractor. The Contractor may engage any of the following agencies for Third Party Inspection Services:

a) BV b) Lloyds c) CEIL d) DNV e)TUV

However, all other indigenous items/materials supplied by the contractor including all inspection job involved in the contract shall be carried out by the Consultant (PDIL) at Owner’s cost.

18.0 FINAL INSPECTION 18.1 After completion of all tests as per specification the whole work will be subject to a final

inspection to ensure that job has been completed as per requirement. If any defects noticed in the work attributable to Contractor, the Contractor at his own cost shall attend these, as and when the owner brings them to his notice. The Owner shall have the right to have these defects rectified at the risk and cost of the contractor if he fails to attend to these defects immediately.

19.0 SITE CLEANING



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19.1 The Contractor shall clean and keep clean the work site from time to time to the satisfaction of the Engineer- in-Charge for easy access to work site and to ensure safe passage, movement and working.

19.2 If the work involves dismantling of any existing structure in whole or part, care shall be

taken to limit the dismantling up to the exact point and/or lines as directed by the Engineer-in-Charge and any damage caused to the existing structure beyond the said line or point shall be repaired and restored to the original condition at the Contractor's cost and risks to the satisfaction of the Engineer-in-Charge, whose decision shall be final and binding upon the Contractor.

19.3 The Contractor shall be the custodian of the dismantled materials till the Engineer-in-

Charge takes charge thereof. 19.4 The Contractor shall dispose off the unserviceable materials, debris etc. to any area as

decided by the Engineer-in-Charge. 19.5 The Contractor shall sort out, clear and stack the serviceable materials obtainedfrom the

dismantling/renewal at places as directed by the Engineer-in-Charge. 19.6 No extra payment shall be paid on this account. 20.0 CONSTRUCTION EQUIPMENT AND ORGANIZATION 20.1 CONSTRUCTION EQUIPMENT 20.1.1 The Contractor shall without prejudice to his overall responsibility to execute and

complete the work as per specifications and time schedule, progressively deploy major equipments and tools & tackles as per as per Appendix-VA to SCC and augment the same as decided by the Engineer-in-Charge depending on the exigencies of the work so as to complete all works within the contracted time schedule and without any additional cost to Owner. No construction equipment shall be supplied by the Owner.

20.1.2 Penalty Rate shall be applicable for Non Deployment of Equipments as per Appendix-VB to

SCC. 20.2 SITE ORGANISATION 20.2.1 Subject to the provisions in the contract document and without prejudice to Contractor’s

liabilities and responsibilities to provide adequate qualified skilled, semi skilled and unskilled personnel on the work and augment the same as decided by the Engineer-in-Charge depending upon the site requirement & the exigencies of work so as to complete all works within the contracted time schedule and without any additional cost to OWNER.

20.2.2 Qualification and experience of Key Supervisory Personnel to be deployed for this work

shall be as per Appendix-IVA to this SCC. Contractor shall submit biodata of Key Supervisory Personnel meeting the requirement of this Annexure will be reviewed and approved by Engineer-in charge.

20.2.3 Penalty Rate shall be applicable for non-deployment of Supervisory Personnel as

per Appendix-IVB to SCC. 20.2.4 Key construction manpower to be deployed by the contractor as per Appendix-IVC to

SCC.



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21.0 MEASUREMENT OF WORKS 21.1 In addition to the provisions of relevant clause of General Conditions of Contract (GCC)

and associated provisions thereof, the provisions of Appendix-I to SCC shall also apply. 22.0 TERMS OF PAYMENT 22.1 Basis and terms of payment for making “On Account Payment” shall be as set out in

Appendix-II to SCC. 23.0 DELETED 24.0 QUALITY ASSURANCE/ QUALITY CONTROL 24.1 Bidder shall include in his offer the Quality Assurance Programme containing the overall

quality management and procedures, which is required to be adhered to during the execution of contract. After the award of the contract detailed quality assurance programme shall be prepared by the contractor for the execution of contract for various works, which will be mutually discussed and agreed to.

24.2 The Contractor shall establish document and maintain an effective quality assurance

system outlined in recognised codes. 24.3 Quality Assurance System plans/procedures of the Contractor shall be furnished in the

form of a QA manual. This document should cover details of the personnel responsible for the Quality Assurance, plans or procedures to be followed for quality control in respect of Design, Engineering, Procurement, Supply, Installation, Testing and Commissioning. The quality assurance system should indicate organizational approach for quality control and quality assurance of the construction activities, at all stages of work at site as well as at manufacture's works and dispatch of materials.

24.4 The Owner/Consultant or their representative shall reserve the right to inspect/witness,

review any or all stages of work at shop/site as deemed necessary for quality assurance. 24.5 The contractor has to ensure the deployment of quality Assurance and Quality Control

Engineer(s) depending upon the quantum of work. This QA/QC group shall be fully responsible to carryout the work as per standards and all code requirements. In case Engineer-in-charge feels that contractor's QA/QC Engineer(s) are incompetent or insufficient, contractor has to deploy other experienced Engineer(s) as per site requirement and to the full satisfaction of Engineer-In-Charge.

24.6 In case contractor fails to follow the instructions of Engineer-in-charge with respect to

above clauses, next payment due to him shall not be released unless until he complies with the instructions to the full satisfaction of Engineer-in-charge.

24.7 The Contractor shall adhere to the minimum quality assurance plan as per Doc. No.

EM163-TS-401-ANNEX III, SECTION 3 OF PART-II (TECHNICAL). 25.0 HEALTH SAFETY AND ENVIRONMENT (HSE) MANAGEMENT 25.1 The Contractor, during entire duration of the Contract, shall adhere to HSE requirement

as per Doc. No. EM163-MB-ANNEX-HSE, SECTION 9 OF PART-II (TECHNICAL).



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26.0 SUB-CONTRACTORS 26.1 A minimum of the following activities shall be performed by the Contractor directly and

shall not be sub-contracted:

a) Project Management b) Planning c) Procurement d) Construction Management e) Pre-commissioning/Commissioning

26.2 Contractor may sub-contract construction work, to the sub-Contractor's having prior

proven experience of similar work and on specific approval by CONSULTANT/Owner after award of work.

a) Following the notification of Acceptance of Bid the Contractor will submit to the

Owner for approval the details of sub-Contractors for construction. Contractor shall ensure that very competent and resourceful agencies with proven track record and performance should be proposed for the work to be sub-contracted.

b) The list of construction sub-contractors proposed in the Bids by the Bidders shall be

considered as indicative only. 27.0 COMPUTERIZED CONTRACTORS BILLING SYSTEM 27.1 Without prejudice to stipulation in Terms and Conditions of Works Contract, Contractor

should follow following billing system. 27.2 The bills will be prepared by the Contractor on their own PCs as per the standard

formats and codification scheme proposed by Owner/PDIL. The Contractor will be provided with data entry software to capture the relevant billing data for subsequent processing. Contractor will submit these data to Owner/CONSULTANT in an electronic media along with the hard copy of the bill, necessary enclosures and documents. The Contractor will also ensure the correctness and consistency of data so entered with the hard copy of the bill submitted for payment.

27.3 Owner/CONSULTANT will utilize these data for processing and verification of the

contractor's bill and payment." 28.0 COMPLETION DOCUMENTS 28.1 a) The following documents shall be submitted in soft copy and hard binder by the

Contractor in 6 (Six) sets, as a part of completion documents:

i) Test Certificate, Warrantee/Guarantee certificates and copies of Purchase Order with Prices blank from manufacturers for all supply material.

ii) All other requirements as specified in the respective specifications. iii) As built drawings. iv) Any other drawing/document/report specified elsewhere in the bidding document

b) One set of reproducible on polyester film of construction drawings showing therein

the execution of the work duly approved by the Engineer-in-Charge.



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29.0 COORDINATION WITH OTHER AGENCIES 29.1 Work shall be carried out in such a manner that the work of other agencies operating at

the site is not hampered due to any action of the Contractor.Proper coordination with other agencies will be Contractor's responsibility. In case of any dispute, the decision of Engineer-in-Charge shall be final and binding on the Contractor.

30.0 UNDERGROUND AND OVERHEAD STRUCTURES 30.1 The information to possible extent regarding existing structures/ overhead lines, existing

pipelines and utilities are already indicated on alignment sheets. Over and above Contractor may encounter other structures/ pipelines/ OFC etc. that may not be appearing on alignment sheet, the Contractor is required to collect such informations on his own before commencing the work. The Contractor shall execute the work in such a manner that the said structures, utilities, pipelines etc. are not disturbed or damaged, and shall indemnify and keep indemnified the Owner from and against any destruction thereof or damages thereto.

31.0 ROYALTY 31.1 Contractor's quoted rate should include the royalty on different applicable items as per

the prevailing Government rates. In case, owner is able to obtain the exemption of Royalty from the State Government, the Contractor shall pass on the same to owner for all the items involving Royalty. Any increase in prevailing rate of Royalty shall be borne by the Contractor at no extra cost to the owner.

32.0 EXCAVATION BY BLASTING (IF APPLICABLE) 32.1 The Contractor shall obtain licence from the District authorities for undertaking blasting

work as well as for obtaining and storing the explosive as per Explosive Rules 1940, corrected up to date. He shall purchase the Explosives, fuses, detonators etc. Only from a licensed dealer. He shall be responsible for the safe custody and proper accounting of the explosive materials. The Engineer in-Charge and his authorised representative shall have the access to check the Contractor's store of explosives and his accounts. In case where the explosive are required to be transported and stored at site, relevant clauses of the Explosive rules 1940 as amended subsequently shall apply. The Contractor shall be responsible for any accident to workman, public or property, due to blasting operations.

33.0 EXECUTION OF ELECTRICAL WORKS 33.1 The Contractor shall engage an approved electrical agency for execution of electrical

works, holding valid electrical Contractor licence. In case Contractor himself executes electrical works then he shall arrange valid electrical Contractor licence before start of electrical works at site.

34.0 MAKE OF MATERIALS 34.1 The materials required to be supplied by the Contractor under this contract shall be

procured only from Owner/ CONSULTANT approved vendors. Where the makes of materials are not indicated in the Bidding document Contractor shall furnish the details of makes and shall obtain prior approval of Engineer-in-Charge of vendors/sub-vendors before placing order.

35.0 SURPLUS MATERIAL



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35.1 All indigenously procured surplus civil construction materials comprising of sand, bricks,

cement, stones and aggregate, paints and other finishing materials, steel rods and tor steel, structural steel and steel plates and for which Owner has not reimbursed any duties or taxes and the products of dismantling temporary works including barricading erected by the Contractor shall vest in and belong to the Contractor upon completion of the works and/or earlier termination of the Contract for any cause, but subject to the other terms and conditions of the contract, to remove the same from the job-site subject to satisfactory proof of supply.

35.2 For taking out surplus materials as enumerated hereinabove after the completion of the

project, the Contractor shall have to furnish proof of entry of such materials inside the Refinery/ Job site and certification of Engineer-in- Charge and OWNER in this regard.

36.0 PACKING, FORWARDING AND SHIPMENT 36.1 Indigenous Supplies 36.1.1 Contractor shall, wherever applicable, after proper painting, pack and crate all items in

such a manner as to protect them from deterioration and damage during rail and road transportation to the site and during storage at the site till the time of erection. The Contractor shall be responsible for all damage(s) due to improper packing.

36.1.2 The Contractor shall notify Owner of the date of dispatch from his works and expected

date of arrival at the site for the information of Owner. 36.1.3 The Contractor’s notification shall also give all information concerning the weight, size

and content of each packing and such other information as the Owner may require. 36.2 Domestic Invoices 36.2.1 The following documents shall be sent to the Owner within 3 (three) days from the date

of dispatch:

a) Invoice (2 copies) b) Packing List (2 copies) c) Test Certificate (4 copies) d) Railway receipt/Lorry receipt (2 copies)

36.2.2 The Contractor shall be responsible for loading, unloading and other handling of all

materials commencing from manufacturers/suppliers’ work till the material is erected, tested and commissioned. He shall be solely responsible for transportation, proper storage and safe custody of all equipment and materials.

36.2.3 For imported as well as indigenous supplies, Lorry Receipt(LR) and Railway Receipt

(RR) for inland transportation shall be made in the name of the Owner as the consignee. 37.0 RESPONSIBILITY OF CONTRACTOR 37.1 It shall be the responsibility of the Contractor to obtain the approval for any revision

and/or modifications decided by the Contractor from the Owner/ Engineer-in-charge before implementation. Also such revisions and/or modifications if accepted/approved by the Owner/Engineer-in-charge shall be carried out at no extra cost to the Owner. Any changes required during and/or after approval for detailed construction drawings due to



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functional requirements or for efficient running of system keeping the basic parameters unchanged and which has not been indicated by the Contractor in the data/drawings furnished along with the offer will be carried out by the Contractor at no extra cost to the Owner.

37.2 All expenses towards mobilisation at site and demobilisation including bringing in

equipment, clearing the site etc. shall be deemed to be included in the prices quoted and no separate payments on account of such expenses shall be entertained.

37.3 It shall be entirely the Contractor's responsibility to provide, operate and maintain all

necessary construction equipments, scaffoldings and safety gadgets, cranes and other lifting tackles, tools and appliances to perform the work in a workman like and efficient manner and complete all the jobs as per time schedules.

37.4 Preparing approaches and working areas for the movement and operation of the cranes,

levelling the areas for assembly and erection shall also be the responsibility of the Contractor. The Contractor shall acquaint himself with access availability, facilities such as railway siding, local labour etc. to provide suitable allowances in his quotation. The Contractor may have to build temporary access roads to aid his own work, which shall also be taken care while quoting for the work.

37.5 The procurement and supply in sequence and at the appropriate time of all materials and

consumables shall be entirely the Contractor's responsibility and his rates for execution of work will be inclusive of supply of all these items.

38.0 MECHANISED CONSTRUCTION 38.1 Contractor shall without prejudice to his overall responsibility to execute and complete

the work as per specifications and time schedule adopt as far as practicable, mechanized construction techniques for major site activities. Contractor agrees that he will deploy the required numbers and types of theplant & machinery applicable for different activities in consultation with the Engineer-in-charge during execution of works.

38.2 Contractor further agrees that Contract price is inclusive of all the associated costs,

which he may incur for actual mobilization, required in respect of use of mechanised construction techniques and that the Owner/Consultant in this regard shall entertain no claim whatsoever.

39.0 CHECKING OF LEVELS 39.1 The Contractor shall be responsible for checking levels, orientation plan of all

foundations, foundation bolts, etc., well in advance of taking up the actual erection work and bring to the notice of Engineer-in-Charge discrepancies, if any. In case of minor variations in levels etc. the Contractor shall carry out the necessary rectifications to the foundations within his quoted price.

39.2 The Contractor shall also be responsible for checking with templates, wherever

necessary, the disposition of foundation bolts with the corresponding bases of structure and shall effect rectifications, as directed, within his quoted rate.

40.0 REGISTRATION OF THE CONTRACT WITH STATUTORY AUTHORITIES Before submission their first invoice for Running payment, the Contractor shall register

themselves and the contract at their own cost with the Reserve Bank of India, Income



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Tax, Sales Tax and such other statutory authorities, as may be required under the rules and regulations governing in India. The Contract Price shall be deemed to include all costs towards the same. A copy of all documents related to all such registration shall be submitted to Owner for record.

41.0 TEST CERTIFICATES 41.1 Bidder shall be required to submit recent test certificates for the material being used in

works from the recognised laboratories. These certificates should indicate all properties of the materials as required in relevant IS Standards or International Standards.

41.2 Contractor shall also submit the test certificate with every batch of material supplied

which will be approved by Engineer-in-Charge. No secured advance will be given for the materials not having test certificate. In case any test is to be carried out, the same shall be got done in the approved laboratory at the cost of contractor.

42.0 SETTLEMENT OF DISPUTE (APPLICABLE FOR PSU's BIDDERS) 42.1 In the event of any disputes or difference relating to the interpretation and application of

the provisions of the contracts, such disputes or differences shall be referred by either party to the Arbitration in the Department of Public Enterprises nominated by the Secretary to the Govt. of India in charge of the Board of Public Enterprises, Govt. of India. The Arbitration and Conciliation of shall not be applicable to such arbitration. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Ministry of Law and Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special/ Additional Secretary when so authorized by the Law Secretary whose decision shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

43.0 CENVAT BENEFITS 43.1 Cenvat Benefit is being availed by OWNER. All documents of materials brought to the

site of work by Contractor shall be prepared with the notation “Consignee – Contractor, A/c NRL” to enable OWNER to claim Cenvat Benefit.

43.2 Contractor shall confirm that Cenvat benefit for supply of the specified goods can be

passed on to OWNER and shall provide transporters copy of invoice etc. under excise rules in force, to enable OWNER to claim Cenvat Benefit.

43.3 OWNER shall avail benefit of Cenvat Credit for the amount of service tax paid for various

input services provided by the contractor (Service Provider). The contractor (Service provider) shall issue serially numbered Invoices/Bills (in duplicate) for taxable services provided by him. Invoices/bills issued by the contractor (Service provider) should specify the following:

a) The name, address and Service Tax Registration Numbers of the Contractor

(Service Provider); b) The name and address of OWNER as recipient of taxable service: c) Description, classification and value of taxable service provided, as per the

provisions of Service Tax Law; and



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d) The amount of Service Tax and Education Cess on Service Tax payable on such service/s (Both in figure and in words, separately).

The Contractor (Service Provider) shall provide OWNER with all Invoices and/or Bills

issued by him so as to enable OWNER to claim Cenvat credit of the service tax paid. 43.4 Cenvatable documents submitted by the Contractor should be acceptable by the local

Central Excise Department/Tax Authorities. In case the Cenvatable documents submitted by Contractor are for a value less than the indicated amount of Cenvatable Duties, the difference shall be deducted from the payments due to the Contractor.

44.0 DELETED 45.0 ADDITIONAL WORKS/ EXTRA WORKS 45.1 Owner reserves their right to execute any additional works/ extra works, during the

execution of work, either by themselves or by appointing any other agency, even though such works are incidental to and necessary for the completion of works awarded to the Contractor. In the event of such decisions taken by Owner Contractor is required to extend necessary cooperation, and act as per the instructions of Engineer-in-Charge. No extra time/cost compensation will be made by Owner/CONSULTANT.

46.0 GUARANTEE 46.1 Contractor needs to replace/repair or reinstall free of cost any material/equipment

supplied by him in case it fails to operate due to defective materials or workmanship as per requirements of this specification upto twelve (12) months from the date of issue of completion certificate and acceptance of the entire system by Owner

46.2 Contractor shall replace at his own cost if any item found defective or missed before

handing over the system to Owner. The decision of Engineer-in-Charge shall be final and binding in this regard. The guarantee for such rectified/replaced item shall be for a period of 12 months from completion of such rectification/replacement.

47.0 LIMITATION OF LIABILITIES 47.1 The final payment by the Owner in pursuance of the contract terms shall not mean

release of the Contractor from all his liabilities under the contract. The Contractor will be liable and committed under this contract to fulfil all his liabilities and responsibilities, till such time the Owner releases Contract Performance Guarantee.

48.0 FABRICATION SHED AND WAREHOUSING 48.1 Contractor shall provide all weather fabrication sheds at site for all pre fabrication of

piping works and fabrication of structural steel work to the satisfaction of Engineer-in-Charge. The requirement of fabrication sheds shall be firmed up in consultation with Engineer-in-Charge for numbers / size of fabrication shed. In case Contractor fails to establish the fabrication sheds to the satisfaction of Engineer-in-Charge, 10% payment towards pre-fabrication of piping works and fabrication of structural steel works shall be deducted from RA Bills.

48.2 In line with requirements specified in GCC and specifications, material shall be properly

stored by Contractor in his warehouse to enable easy traceability, handling and preservation with all material having proper identification marks, colour coding etc. In



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case Contractor fails to follow the specified requirements, next payment due to him shall not be released till he complies with all the requirements.

49.0 FORCE MAJEURE 49.1 Neither CONTRACTOR nor OWNER shall be considered in default in the performance of

their obligations under CONTRACT, as long as such performance is prevented or delayed in material respect for reasons limited to acts of God, severe earthquake, typhoon or cyclone (except monsoon), floods, lightening, land slide, fire or explosions, plague or epidemic, strikes of a whole National category of workers and concerted act of workmen or other industrial disturbances (lasting more than 14 consecutive calendar DAYs), lockouts (lasting more than 10 consecutive calendar DAYs), sabotage, blockade, war, riots, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power of confiscation or trade embargoes or destruction or requisition by order of any Government or any Public Authority, provided notice of any such cause is given forthwith and in any event not later than one week (7) DAYs of the happening of the event by the party claiming the benefit of this Clause to the other specifying the matter constituting FORCE MAJEURE explaining to what extent contractual obligations will thereby be prevented or delayed and the further period for which it is estimated that such prevention or delay will continue. CONTRACTOR shall provide justificatory documents countersigned by the local Chamber of Commerce.

Notwithstanding the forgoing, FORCE MAJEURE shall not include (a) weather conditions

reasonably to be expected for the climate in the geographic area of the SITE including but not limited to the monsoon season, (b) the occurrence of any manpower or material shortages unless such a shortage is itself caused by an event of force majeure, or (c) any delay, default or failure (direct or indirect) in obtaining materials, or in any SUB-CONTRACTOR/VENDOR or worker performing any WORK or any other delay, default or failure (financial or otherwise) attributable to SUB-CONTRACTOR/Vendor/worker, unless such delay, default or failure results from any act, event or condition which would, with respect to such SUB-CONTRACTOR/VENDOR/ worker, constitute an event of force majeure d) any delay in obtaining any statutory approval, permits, licenses etc. (e) shutdown, third party breach, delay in payment or commercial hardship, or idleness or other impediment in progress or completion of the supply or work

49.2 If the CONTRACTOR suffers delay in the due execution of the contractual obligations

due to delays caused by force majeure as defined above, the agreed time of completion of job covered by this CONTRACT or the obligation of the CONTRACTOR shall be extended by a period of time on account of force majeure conditions, provided that on the occurrence of any such contingency, the CONTRACTOR immediately reports to the OWNER in writing, the cause of delay and likely duration of cause of delay with requisite documentary evidence.

49.3 Should one or both the parties be prevented from fulfilling the contractual obligations by

a state of FORCE MAJEURE lasting continuously for a period of 6 weeks, the two parties shall consult each other regarding the future implementation of the CONTRACT. The mere shortage of labour, materials or utilities shall not constitute FORCE MAJEURE unless caused by circumstances which are themselves FORCE MAJEURE.

49.4 CONTRACTOR and OWNER shall endeavour to prevent, overcome or remove the

causes of FORCE MAJEURE.



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49.5 No ground for exemption can be invoked if CONTRACTOR has failed to give timely

notice by registered letter and subsequently supported it by documentary evidence. 49.6 Delay or non-performance by a party hereto caused by the occurrence of any event of

FORCE MAJEURE shall not:

(a) Constitute a default or breach of the CONTRACT, Or

(b) Give rise to any claim for damages or additional cost or expense occasioned thereby, if such delay or non-performance is caused by the occurrence of any event of FORCE MAJEURE. FORCE MAJEURE conditions are not payable under any circumstances.

49.7 Force Majeure is no one’s fault, therefore each party should bear its own cost in case of

the CONTRACT being suspended for a period of 210 days on account of one or more FORCE MAJEURE events, the PARTIES shall meet in order to discuss in good faith whether to amend the CONTRACT and if agreement is not achieved within 60 days, either PARTY may terminate the CONTRACT.

Such termination shall not be considered as Termination for OWNER’S Convenience.

However, outstanding invoices, payment for supplies made and payment to the work already performed will be paid by OWNER on such termination and shall be detailed at the time of CONTRACT finalisation.

Contractor shall have the right to take action to mitigate the impact of the prolonged

Force Majeure event in mutual consent with OWNER; for instance Contractor shall have the right to demobilize Contractor’s equipment and personnel from the Plant.

50.0 COMPENSATION FOR DELAY (LIQUIDATED DAMAGES) 50.1 The time allowed for carrying out the work as entered in the tender shall be strictly

observed by the contractor. The work shall throughout the stipulated period of the contract be proceeded with all the diligence (time being deemed to be essence of the contract). In the event of the Contractor fails to achive Mechanical Completion within the contractual completion period from Effective Date of Contract then the contractor shall pay to the owner as compensation an amount equal to 0.5 % or part thereof on the amount of the contract value for every week subject to maximum of 5% of the contract value.

50.2 To ensure good progress during the execution of the work, the contractor shall be bound, in all cases in which the time allowed for any work exceed one month, to complete one fifth of the work before one fourth of time allowed under the CONTRACT. In the event of the contractor failing to comply with this condition he shall be liable to pay as compensation at amount as stipulated above. The compensation so paid shall not relieve the contractor from his obligations to complete the work or from any other obligations and liabilities under this contract.

51.0 SECURITY DEPOSIT

51.1 A sum of 10% of the accepted value of the tender or the actual value of work done

whichever is applicable due to any additional work or any other reasons shall be



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deposited by the person/ persons (herein after called the contractor) as security deposit with the owner. This may be deposited initially at two and one half percent (2.5 %) of the value of contract (referred as initial security deposit) within 10 days of receipt by him of the notification of acceptance of tender and the balance seven and one half percent (7.5%) will be recovered in installments through deduction at the rate of ten percent of the value of each running account bill till the total security deposit amount 10% of value of contract /actual value of work done is collected, after which no further deductions from bills will be made on this account , subject to Clause 51.3 below.

The earnest money deposited with the tender shall be adjusted towards security deposit, provided it is furnished in case or demand draft only. Alternatively the contractor may, at his option, deposit the full amount of 10% of the accepted value of the tender towards the security deposit within 10 days of receipt by him of the notification of acceptance of tender.

51.2 Contractor can furnish the initial (2.5%) or total security deposit amount (10%) in the

form of Bank Guarantee (BG) in favour of Numaligarh Refinery Limited, Numaligarh. Bank Guarantee shall be on non-judicial stamp paper of appropriate value from any Scheduled Commercial Banks in india/ Indian branch of Foreign bank as per proforma enclosed in the Bidding Document.

The bank guarantee of Security deposit shall be valid for the duration of the completion

period and Defects Liability Period plus claim period of three (03) months. The period of defects liability shall be 12 months from the date of issuance of completion certificate.

51.3 If the contractor /sub contractor or their employees shall damage,break deface or destroy

any property belonging to the owner or others during the execution of the contract, the same shall be made good by the contractor at his own expense and in default therof, the Engineer-In-Charge may cause the same to be made good by other agencies and recover expenses from the contractor (for which the certificate of the Engineer-In-Charge shall be final).

51.4 All compensation or other sums of money payable by the contractor to the owner under

terms of this contract may be deducted from or paid by the encashement or sale of a sufficient part of his security deposit or from any sums which may be due or may become due to the contractor by the owner on any account whatsoever and in the event of his security deposit being reduced by reasons of any such deductions or a sale of said, the aforesaid contractor shall within ten days thereafter make good in cash or Bank drafts or Government Securities endorsed, as aforesaid any sum or sums which may have been deducted from or realized by sale of his security deposit, or any part thereof. No interest shall be payable by the owner for sum deposited as security deposit.



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APPENDIX – I TO SCC

MEASUREMENT OF WORKS 1.0 GENERAL 1.1 This being a lumpsum contract, Mode of Measurement of Work, appearing anywhere in

the GCC, Standards, Specifications or elsewhere in the Bidding Document shall not be applicable. Progress Payment will be governed by approved Bill of Material (BOM) and/or Billing Schedule for Design, Procurement/ Supply and Construction/ Installation of Works.




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APPENDIX- II TO SCC

TERMS OF PAYMENT

1. The basis and terms of payment without prejudice to any other mode of recovery available to

OWNER, shall be as given below: - 2. Payment will be made monthly against running account bills for the milestone achieved

during the preceding month on the basis of accepted break of lump sum price as per contract. The progressive payments are subject to deductions towards materials issued on chargeable basis, if any, Retention Money, Security Deposit, rent charges, income tax and other deductions as applicable as per terms of contract.

3. For invoicing, Contractor shall prepare and submit within one month from award of work, a

Detailed Billing Schedule/ Bill of Material, for approval of CONSULTANT. The Billing Schedule shall be worked out based on the guidelines indicated herein and identify specific milestones and related milestone payments. Any payments to Contractor against Lumpsum contract value shall be released only after approval of the Detailed Billing Schedule. The approved Billing Schedule shall not be amended in any way during performance of the contract.

4. TERMS OF PAYMENTS

4.1 MECHANICAL, INSTRUMENTATION, CATHODIC PROTECTION SYSTEM & CIVIL 4.1.1 DESIGN & DETAILED ENGINEERING

• 30% on submission of drawings and engineering details. • 30% on approval under Code-II • 10% on approval under Code-I • 20% on submission of as built final drawings. • 5% on Successful Commissioning of facility/works. • 5% on completion of all total works in all respects and issue of Completion

Certificate. 4.1.2 PROCUREMENT & SUPPLY

• 10% of total supply value on placement of purchase order for Major Items (list of major items will have to be submitted by the successful bidder for PDIL's approval based on which billing schedule will be prepared). This payment will be released against submission of Bank Guarantee of equivalent amount to be kept valid upto Material / items receipt at site & acceptance thereof on certification of PDIL.

• 60% against despatch documents / proof of dispatch of items / materials after inspection of materials by PDIL / Third party against submission of Bank Guarantee of equivalent amount to be kept valid upto Materials / items receipt at site & acceptance thereof. (Billing Break-up to be submitted by successful bidder for approval of Consultant/Owner).

• 20% on receipt of materials at site and acceptance thereof. • 5% on successful commissioning of unit. • 5% Completion of all total jobs in all respect



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4.1.3 CONSTRUCTION / ERECTION /INSTALLATION / COMMISSIONING 4.1.3.1 Mounded Bullets (04 Nos.) & Drain Vessels (01 Nos.)

• 70% progressively, against fabrication, painting, erection, alignment & NDT requirements etc. on pro-rata basis. (Billing Break-up to be submitted by successful bidder for approval of Consultant/Owner)

• 10% against hydro-testing, flushing, draining, drying and radiography etc. on pro-rata basis.

• 10% on mechanical completion. • 5% on successful commissioning of unit. • 5% Completion of all total jobs in all respect

4.1.3.2 Civil / Structural Works

• 85% progressively on pro-rata basis. • 5% of on mechanical completion. • 5% on successful commissioning of unit. • 5% Completion of all total jobs in all respects

4.1.3.2 Piping Works & Other Misc. Works (if any)

• 65% against fabrication, erection, supporting, vent, drains, alignment, welding etc. on pro-rata basis.

• 15% against hydro-testing, flushing, draining, drying, and radiography etc. on pro-rata basis.

• 10% on Mechanical completion. • 5% on successful commissioning of unit. • 5% Completion of all total jobs in all respect

4.1.3.3 Cathodic Protection System

• 85% on completion of erection/ installation etc. • 5% on mechanical completion. • 5% on successful commissioning of unit. • 5% Completion of all total jobs in all respects.

4.1.3.4 Painting, Insulation & Fire Proofing Work

• 30% on surface preparation and primer application on pro-rata basis. • 60% on final Painting,insulation & fire proofing work on pro-rata basis. • 5% on mechanical completion. • 5% Completion of all total jobs in all respects.

NOTE:

Payments shall be made after necessary deductions on account of income tax,

WCT/VAT, Security deposit and other deductions as per the provisions of the Contract and as required under the law.



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Payment shall be made subject to receipt of bill with due recommendation from

EIC and submission of requisite documents by the Contractor along with the bills.

Further break up of payment, if any, may be mutually discussed and agreed upon

in consultation with EIC after award of Work. All payments shall be made through EFT.



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APPENDIX-III TO SCC

SCOPE OF WORK

1.0 INTRODUCTION Numaligarh Refinery Limited, (NRL) presently operates a 3 MMTPA refinery at Numaligarh, strict Golaghat, and Assam. The refinery commenced commercial production in October, 2000. This document presents the design basis to be used for the Installation of LPG Mounded Bullets at Numaligarh Refinery Limited (NRL). Mounded bullets provide intrinsically passive & safe environment & eradicates the possibility of Boiling Liquid Expanding Vapor Explosion (BLEVE), through LPG handling possess many challenges, due to its inherent dangerous properties, modern state of art safety features has been taken into consideration while designing the facilities using different OISD codes. As handling of LPG in above ground vessel has many challenges due to its inherent dangerous properties, NRL proposed to replace the old aboveground vessels with mounded bullets of suitable capacity. New statues / guidelines suggest for mounded bullets which proves to be safer compared to above ground storage vessels. The project envisages construction of 4 nos. of mounded bullets of capacity 1760.56 m3 ( 1000MT) each and upon successful completion / construction of mounded bullets existing 03 nos. of LPG Spheres and 01 LPG bullet will be dismantled up to ground level.

2.0 BIDDING INSTRUCTION 2.1 Bidders are required to study the Bid Document in details and submit the following prior

to Pre-Bid.Clarifications on the Bid Document, if any. All clarifications and deviations etc will be reviewed and discussed during the pre-bid conference.

In case any modifications to the bid document (including change in specifications) is

required as a sequel to the pre-bid conference, same shall be issued to all the Bidder’s in the form of Addendum to the Tender Document, prior to the submission of bids with adequate notice to all the Bidders

2.2 Once the bid is submitted no further correspondence shall be exchanged with the

bidders and the Bidder will be evaluated or disqualified strictly on the basis of the bid submitted.

2.3 Bidders are required to fill the various TECHNICAL CHEKLISTS/ QUESTIONNARIES

attached in the various sections in order to enable CONSULTANT to get the full information required for evaluation of the bids.

2.4 Bidders are required to submit statement of strict compliance to the Technical

Specifications without any deviations/clarifications along with the Technical Offer without



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which the offer is liable for rejection. Bidders are to fill and submit a no deviation statement along with the Bid as per attached format.

2.5 Bidders in their own interest are requested to ensure that their offers are complete in all

respects and devoid of any ambiguities or conditions. Incomplete bids/conditional bids shall be liable for rejection.

2.6 In case of any conflicting requirement of various chapters, which are part of this

document, following order of priority shall govern in general. However, in case of conflict, it shall be referred to Owner for clarifications and the decision of Owner shall be final and binding on the contractor without any cost and time implications.

o Job specifications, scope of work and engineering specifications/standards and

job specific drawings

o PDIL standard specifications Contractor has to work in operating plant and have to abide by the safety norms set by

OWNER. Contractor has to work as per schedule mutually agreed by OWNER the schedule shall be prepared in such way the minimal shut down in required for hook-up. All the arrangement and plant will be ready before taking shut down.

2.7 Contractor has to do the detail survey and arrange the equipment to detect the underground facilities before starting of the work

2.8 Bidders are advised to visit and examine the site and its surroundings and obtain for

themselves on their own responsibility all information that may be necessary for submitting the bid and entering into a CONTRACT. The site visit shall be at Bidders’ own expenses.

2.9 The Bidder and any of his personnel or agents will be granted permission by OWNER to

enter upon its premises and lands for the purpose of such inspection, but only upon the express conditions that the bidder, his personnel or agents, will release and indemnify Company and his personnel and agents from and against all liability in respect thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses howsoever caused which but for the exercise of such permission would not have arisen.

2.10 Failure to visit the site or failure to study the Bidding Documents will in no way relieve the

successful bidder from furnishing any equipment, material or other items; or performing and work in accordance with the Bidding Documents.

2.11 Contractor to ensure that the cost of mandatory / recommended spares indicated in the

package has been taken care in the offer. Contractor to submit the price for 2-year mandatory spares also as optional items.

2.12 At the Kick off meeting the Contractor shall furnish discipline-wise detailed index of all

drawings and documents, indicating schedule dates of submission, so that each individual discipline of OWNER/ consultant representative will kept informed.

2.13 Vendor’s additional standards & standards specification over and above PDIL standards,

if used during detail engineering, shall be required to be vetted by OWNER before adopting.



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2.14 Specialist engineer from vendor (if required) shall be made available at Contractor’s cost during erection, commissioning and guarantee run for all major/critical equipments.

2.15 Commissioning Spares including those required for two years of normal operation

(Contractor to recommend and submit the price as optional item). 3.0 SCOPE OF WORK 3.1 Residual design, detailed engineering, preparation of all fabrication drawings/schemes,

review/approval of document from appropriate authorities, procurement, supply, receipt, storage, conservation, preservation and handling of material at site of all metallic and non-metallic materials and consumables required for work, transportation of materials, fabrication/ construction/erection, dismantling of fabrication yard, assembly, PWHT, inspection, testing, coating/painting, cathodic protection hydro testing ,calibration etc. Including necessary civil work such as sand bed, mound, hard stand, soil strengthening tunnel/ trenches, foundation, construction of barricading for fabrication yard etc. , all piping, electrical and instrumentation works within battery limit, insulation as applicable , fire proofing etc. Supply of instruments/gauges/equipments etc. for testing, providing all temporary works & equipments for completion, pre-commissioning/commissioning as applicable and mandatory and commissioning spares, supply of lubricants/chemicals as required, supply of special tools and tackles, PDIL / Owner specification/standards etc. and detailed scope of work and supply defined in different sections of bidding tender documents and its attachments, pre-commissioning/ commissioning as applicable, obtaining applicable statutory approvals, supply of consumables, hardware’s etc. deploying suitable staff, labour, all tools and tackles, equipments etc. and system mechanical & performance guarantee of mounded storage vessels & Drain Vessel and associated system to the entire satisfaction of inspecting authority and Engineer-in-charge.

3.2 SCOPE OF SUPPLY 3.2.1 EQUIPMENTS AND MATERAILS 3.2.1.1 PURCHASE PROCEDURE It is mandatory that all equipment, machines and bulk materials are procured from only

from recommended approved vendor list of the package in “vendor List” attached in the elsewhere in the bid document. In case vendor list of a particular item is not available, the Contractor shall specifically seek Owner’s approval on the proposed list of vendors during Bid Stage for all major items. Any deviation to vendor list should be brought out in the offer and no other vendor shall be accepted afterwards.

No approval of additional vendor shall be granted excepting some unforeseen

circumstances where the approved vendor (s) are not able to supply the material. 3.2.1.2 MATERIALS All materials whatsoever required for the fabrication, supply of equipment along with

associated piping, instrumentation, structural platforms, ladders/stairs, supports etc. within the specified battery limits and installation of the complete system at site shall be in contractor’s scope of supply. All the materials in Contractor’s scope of supply shall be new and of first quality and shall be supported with test certificates.



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Any material or equipment procured and supplied by contractor to OWNER, the contractor shall continue to remain responsible in all respects for conformity of materials and equipment supplied to the contractual specifications and purpose of the work, the contractor shall not be absolved of his responsibility to properly execute, perform and complete the work.

All the surplus materials and equipment shall be removed after final acceptance job/work

by client 3.2.2 SCOPE OF ENGINEERING Residual basic engineering and detail engineering required to complete the work in all

respect shall be in the contractor scope. 3.2.2.1 GENERAL The design criteria, specifications and other engineering requirements and information

required for design the system are included in the contract elsewhere. Contractor shall prepare design basis, the detail engineering drawings, detail specifications, material requisitions and other supporting documents required for completion of work. Contractor shall also will be responsible for generating such additional information as may be required to perform the engineering, purchasing, fabrication, transportation, installation, hook-up testing, pre- commissioning, commissioning and starting up the system.

3.2.2.2 ENGINEERING REVIEW The review of technical document will be limited to review of MRs for critical items, plot

plan, lay out for roads and drains, equipment lay out, critical piping area drawings, drawings for building and sheds for lay out purpose, vendors drawings for vessels and tanks (limited to GA drawings),

The contractor shall furnish design information, calculations, drawings etc. for review by Consultant representative after fully vetted in detail by contractor and shall bear the seal / certification to this effect. All the drawing documents without compliance this requirement shall not be acceptable and delay and liability owing this shall be the account of contractor. The information category drawings/ documents may or may not be reviewed. Upon receiving the comments on the drawing/ documents the contractor shall incorporate the comments and insure the compliance.

3.2.2.3 DRAWING SCHEDULE Contractor has to submit the Drawing / Document schedule discipline wise with category

of approval (Review/ approval and Information/ record) to CONSULTANT after award of jobs for approval. The schedule of drawing shall show drawing number title, revision no. with proposed date of issue. Contractor shall submit updated discipline-wise drawing index fortnightly, so that the error in constructing on previous revision could be avoided, Construction shall not be carried out with advance revision, not reviewed by Owner.

3.2.2.4 PLANT OPERATION AND MAINTENANCE MANUAL AND AS BUILT DOCUMENTS. Contractor shall submit to CONSULTANT for review and approval of a draft of operating

manual for the facilities. Final operating manual shall be issued to OWNER only after CONSULTANT's approval. Contractor shall furnish ten (10) sets of final operating and maintenance manual to OWNER Final operating manual with updated equipment data sheets / data books shall be made available before commencing the commissioning of



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the plant. Contractor to note those 10 sets all “As-Built” drawings to be submitted to OWNER/ CONSULTANT.

3.2.3 CONSTRUCTION AND CONSTRUCTION EQUIPMENT The contractor shall deploy adequate equipment and tools and tackles at site and

augment the same depending on exigencies of work to suit the project schedule. Contractor shall submit the list of construction equipment he proposes to deploy for the subject work along with recourses based network which shall be revised time to time to meet the requirement of updated PERT/CPM. Please note that no equipment will be supplied by OWNER. The power required for contractor at its own cost shall arrange construction work.



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APPENDIX-IVA TO SCC

MANPOWER CRITERIA

The various categories of key construction personnel deployed by Contractor for performance of work under the contract shall be as per the minimum qualifications and experience as stated below.

QUALIFICATION & EXPERIENCE (POST QUALIFICATION)

CATEGORY QUALIFICATION & EXPERIENCE (POST QUALIFICATION) REQUIRED Resident Construction Manager / Resident Engineer/ Site-in-Charge

Degree or Diploma in Engineering with minimum following relevant experience in construction Contract Value (Rs.) → < 5 Cr. Works 5-20 Cr.

Works >20 Cr. Works

Degree Holders 5 years 10 years 15 years Diploma holders 8 years 13 years 20 years

Lead Discipline Engineer (Mechanical, Civil, Electrical, Instrumentation)

Degree or Diploma in Engineering discipline with following minimum experience in Construction: Contract Value (Rs.) → ≤ 20 Cr.Works >20 Cr. Works Degree Holders 5 years 10 years Diploma holders 8 years 13 years

Lead Welding / NDT Engineer

Degree or Diploma in Mechanical Engineering / Metallurgy with the following experience in Welding & NDT (Non Destructive Testing) and possessing valid Level-II certificate in the relevant NDT methodology (RT/UT) Contract Value (Rs.) → ≤ 20 Cr.Works >20 Cr. Works Degree Holders 5 years 10 years Diploma holders 8 years 13 years

Lead QA/QC Engineer

Degree in Engineering with the following experience (Refer Note 1 also): Contract Value (Rs.) → ≤ 20 Cr.Works >20 Cr. Works Experience 5 years of

construction experience of which 2 years in QA/QC

10 years of construction experience of which 3 years in QA/QC

Lead Planning Engineer

Degree in Engineering with the following experience in Planning & Scheduling: Contract Value (Rs.) → ≤ 20 Cr.Works >20 Cr. Works Experience 5 years 8 years

Safety Officer / Supervisor

As per specification for HSE Management at construction sites enclosed elsewhere in the bid.

Warehouse-In-Charge / Material Manager

Diploma in Engineering or Diploma in Materials Management or Graduate in any stream with minimum following experience in Warehousing / Stores Management: Contract Value (Rs.) → ≤ 20 Cr.Works >20 Cr. Works Experience 5 years 10 years

Quantity Surveyor Degree or Diploma in Engineering with minimum following experience in quantity estimation, field measurement, rate analysis, bill preparation etc. in Construction field: Contract Value (Rs.) → ≤ 20 Cr.Works >20 Cr. Works Degree Holders 2 years 5 years Diploma Holders 5 years 10 years

Discipline Engineer

Degree in relevant Engineering Discipline with minimum 2 years of relevant experience in construction or Diploma in relevant Engineering Discipline with



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(Including welding / NDT, QA/QC and Planning)

minimum 4 years of relevant experience in Construction. Welding / NDT engineer shall possess valid Level-II certificate in the relevant NDT methodology (RT/UT)

Notes :

1. For Mechanical, Composite, EPC or EPCC Contracts of value more than Rupees 20 crores, the Lead QA/QC Engineer shall be a qualified internal auditor for ISO 9001.

2. CVs of key construction personnel proposed to be deployed shall be submitted to Owner/Engineer-in-Charge prior to their mobilization at site. The mobilization of key personnel shall be done at site subject to prior approval of their CVs by Owner/Engineer-in-Charge.



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APPENDIX-IVB TO SCC

PENALTY FOR NON-MOBILIZATION OF KEY CONSTRUCTION PERSONNEL

Penalty for non-mobilization per day per person after the contractual mobilization period / mobilization schedule agreed during Kick off Meeting / jointly agreed between contractor and PMC / Owner based on front availability etc.

‐ Rs. 5,000/- for Resident Construction Manager / Resident Engineer / Site-in-Charge; ‐ Rs.3,000/- for Lead QA / QC Engineer, Lead Planning Engineer, Warehouse In-

Charge Lead Discipline Engineer, Lead Welding / NDT Engineer and the Quantity Surveyor

‐ Safety Officer (As per HSE Specification)

Notes : (For penalty clauses)

a) All Intervening off days (Sundays etc.) and holidays will be counted for levy of penalty.

b) Mobilized personnel shall not be demobilized till contractual completion or based on consent of Engineer-in-Charge else penalties as above shall be applied.

c) Total of above penalties shall not exceed 3% of the contract value. d) The above penalties are over & above all other contractual provisions with respect to

penalties.



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APPENDIX-IVC TO SCC

KEY CONSTRUCTION MANPOWER TO BE DEPLOYED BY THE CONTRACTOR

SL. NO. DESCRIPTION NOS. 1. RCM/SITE-IN-CHARGE/RESIDENT ENGINEER 1 2. LEAD DISCIPLINE ENGINEER

-CIVIL / STRUCTURAL -MECHANICAL - NDT/QA-QC/Welding -ELECTRICAL / INSTRUMENTATION

1 1 1 1

3. PLANNING ENGINEER 1

4. SAFETY OFFICER AS PER HSE SPEC

5. WAREHOUSE IN-CHARGE / MATERIALS MANAGER 1

6. DISCIPLINE ENGINEERS & SUPERVISORS -CIVIL / STRUCTURAL -MECHANICAL -NDT/QA-QC/Welding -SAFEY SUPERVISOR -STORE KEEPER

1 2 1 1 1

NOTES

1. The details of key construction manpower required to be mobilized by the contractor to complete the work within schedule. Contractor is required to augment the above list with additional numbers/categories of personnel as required and directed by Enginer-In-charge to complete the work within the completion time schedule and quoted price.

2. The Key Construction Personnel identified above shall be well qualified & having adequate relevant experience, as specified in document No. 7-82-003 enclosed elsewhere in the bidding document. The other manpower shall also be qualified and experienced with their assigned work.

3. CVs of key persons proposed to be deployed shall be submitted to Owner/Engineer-In-charge prior to their mobilization at site. The mobilization of key personnel shall be done at site subject to prior approval of their CVs by Owner/Engineer-In-charge. RCM / Site-in-charge : 01 No. QA/QC/Planning Engineer : 01 No. Safety Officer : 01 No. Lead Civil Engineer : 01 No.

4. NDT / Welding Engineer have to be ASNT Level II Certified. Lead Welding Engineer should possess Certified Welding Inspector Certificate.



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APPENDIX-VA TO SCC

REFERENCE LIST OF MAJOR EQUIPMENTS

(TO BE DEPLOYED BY CONTRACTOR)

Sl. No.

Description Minimum Requirement During Constn.

1. CRANE- 100 MT(CRAWLER OR TYRE MOUNTED) 01 2. CRANE- 75MT 01 3. HYDRA WITH AUDIO-VISUAL SIGNALLING DEVICES & LIMIT

SWITCHES(10-18 MT) 03

4. JCB WITH REVERSE HORN AND REAR LIGHT/MIRROR 01 5. DUMPER(6M3) 01 6. TRACTOR WITH TRAILER 02 7. MINI BATCHING PLANT/RMC SUPPLIER 01 8. MIXTURE MACHINE WITH WEIGH BATCHER(FOR BRICK

WORK & PLASTER) 01

9. NEEDLE VIBRATORS 04 10. WATER TANKERS 01 11. THREODOLITE/TOTAL STATION (1 SEC) 01 12. DUMPY/AUTO LEVEL 01 13. DG SET(SILENT TYPE) (25-65 KVA) AS REQUIRED. 14. PLATE COMPACTOR 01 15. DEWATERING PUMPS (5 HP) 01 16. WELDING MACHINES 15 17. TIG WELDING MACHINES 08 18. GRINDING M/C 10 19. GAS CUTTING SET 05 20. GAMA X-RAY SOURCE FOR RADIOGRAPHY 01 21. X-RAY SOURCE FOR RADIOGRAPHY(250 AMP) 01 22. DPT KIT(SET) AS REQUIRED.23. MPT KIT(SET) AS REQUIRED.24. S.R. MACHINES WITH RECORDER 02 25. HARDNESS TESTER DIGITAL 02 26. PORTABLE ALLOY ANALYSER 01 27. AIR COMPRESSOR(250 CFM) 01 28. BLAST CLEANING EQPT. 01 29. SPARY PAINTING MACHINE(AIR LESS) 02 30. WATER FILLING PUMP 02 31. HYDROTEST PUMP(MOTORISED)(0-250KG/CM SQ) 01 32. HYDROTEST PUMP(MOTORISED)(0-50KG/CM SQ) 01 33. TOOLS & TACKLES FOR TAPE COATING AS REQUIRED. 34. HOLIDAY DETECTOR 02 35. TOOLS & TACKLES FOR ANCHOR FASTNER 01SET 36. PORTABLE DRILLING M/C & HOLE CUTTER 01SET 37. POWER HACKSAW 01 38. JACK HAMMER 02SET 39. PIPE BENDING M/C AS REQUIRED. 40. BOLT TENSIONER FOR ALL SIZES AS PER SOQ 01



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41. TORQUE WRENCH FOR BOLT TIGHTENING OF FLANGES 01SET 42. TOOLS & TACKEL FOR INSULATION(ALL SIZES) AS REQUIRED. 43. MOTHER ELECTRODE OVEN 01 44. PORTABLE ELECTRODE OVEN 15 45. TOOLS & TACKLE FOR CALIBRATION OF SAFETY VALVES AS

PER SOQ AS REQUIRED.

46. TOOLS & TACKEL FOR CHEMICAL CLEANING/PASSIVATION AS PER SOQ

AS REQUIRED.

47. LABORATORY EQPTS. AS REQUIRED. 48. ELCOMETER 02 49. 24 VOLT POWER SOURCE 04

Notes:

1. Any other equipment required for completion of work but not specifically mentioned here, shall be deployed by Contractor without any additional cost.

2. The details of minimum critical equipments in good working condition, required to be mobilized by the contractor, to complete the work within the schedule. The actual deployment schedule of construction equipments shall be approved by Engineer-in-charge. Contractor shall augment the above list with additional numbers/categories of equipments, tools & tackles, as required and directed by Engineer-in-charge to complete the work within the completion time schedule and quoted price.

3. Contractor to confirm that the above minimum equipments are available with him in good working condition and shall be timely mobilized on his project site. Contractor has the option to hire some of these equipments from equipment-hiring agencies also.

4. Owner/CONSULTANT reserves the right to physically check & verify the availability of these equipments prior to award of work.

5. Contractor shall replace any defective/damaged equipment promptly to complete the work without any time & cost implication to the Owner/CONSULTANT.

6. Instruments (as applicable) to be made available with valid calibration certificates, issued by NABL accredited laboratory.



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APPENDIX-VB TO SCC

PENALTY RATE FOR NON DEPLOYMENT OF EQUIPMENTS

Sl. No.

Description Penalty Rate per day per Equipment (Rs)

1. CRANE- 100 MT(CRAWLER OR TYRE MOUNTED) 1,50,000 2. CRANE- 75MT 50,000 3. HYDRA WITH AUDIO-VISUAL SIGNALLING DEVICES & LIMIT

SWITCHES(10-18 MT) 10,500

4. JCB WITH REVERSE HORN AND REAR LIGHT/MIRROR 12,000 5. DUMPER(6M3) 10,400 6. TRACTOR WITH TRAILER 7,500 7. MINI BATCHING PLANT/RMC SUPPLIER 15,000 8. MIXTURE MACHINE WITH WEIGH BATCHER(FOR BRICK

WORK & PLASTER) 15,000

9. NEEDLE VIBRATORS 2,000 10. WATER TANKERS 5,400 11. THREODOLITE/TOTAL STATION (1 SEC) 3,000 12. DUMPY/AUTO LEVEL 1,200 13. DG SET(SILENT TYPE) (25-65 KVA) 76,000 14. PLATE COMPACTOR 800 15. DEWATERING PUMPS (5 HP) 3,000 16. WELDING MACHINES 600 17. TIG WELDING MACHINES 8,760 18. GRINDING M/C 500 19. GAS CUTTING SET 800 20. GAMA X-RAY SOURCE FOR RADIOGRAPHY 4,200 21. X-RAY SOURCE FOR RADIOGRAPHY(250 AMP) 4,200 22. DPT KIT(SET) - 23. MPT KIT(SET) - 24. S.R. MACHINES WITH RECORDER 1,200 25. HARDNESS TESTER DIGITAL 14,400 26. PORTABLE ALLOY ANALYSER 1,800 27. AIR COMPRESSOR(250 CFM) 1,320 28. BLAST CLEANING EQPT. 8,000 29. SPARY PAINTING MACHINE(AIR LESS) 3,000 30. WATER FILLING PUMP 2,200 31. HYDROTEST PUMP(MOTORISED)(0-250KG/CM SQ) 4,000 32. HYDROTEST PUMP(MOTORISED)(0-50KG/CM SQ) 6,600 33. TOOLS & TACKLES FOR TAPE COATING 1,200 34. HOLIDAY DETECTOR 1,500 35. TOOLS & TACKLES FOR ANCHOR FASTNER 800 36. PORTABLE DRILLING M/C & HOLE CUTTER 600 37. POWER HACKSAW 900 38. JACK HAMMER 1,200 39. PIPE BENDING M/C 1,200 40. BOLT TENSIONER FOR ALL SIZES AS PER SOQ 1,200 41. TORQUE WRENCH FOR BOLT TIGHTENING OF FLANGES 1,200



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42. TOOLS & TACKEL FOR INSULATION(ALL SIZES) - 43. MOTHER ELECTRODE OVEN 40,000 44. PORTABLE ELECTRODE OVEN 5,000 45. TOOLS & TACKLE FOR CALIBRATION OF SAFETY VALVES AS

PER SOQ 2,000

46. TOOLS & TACKEL FOR CHEMICAL CLEANING/PASSIVATION AS PER SOQ

-

47. LABORATORY EQPTS. - 48. ELCOMETER 2,000 49. 24 VOLT POWER SOURCE 100