of hindustan petroleum corporation limited at...

TENDER FOR

ABOVE GROUND & UNDERGROUND PIPING WORKS

FOR

DHT PROJECT

OF

HINDUSTAN PETROLEUM CORPORATION LIMITED

AT

MUMBAI, MAHARASHTRA

TENDER NO. 44LK5100 – ER.62 – 0001 – 061

Prepared and Issued by:

Jacobs Engineering India Private Limited

Tender Document Index Owner : Hindustan Petroleum Corporation Limited Project No : 44LK – 5100 Project : DHT Project Tender No : 44LK5100 – ER.62 – 0001 – 061

Tender Title : Above Ground and Underground Piping Works Page 1 of 3

44LK 5100 AG & UG Piping Works.doc

Section No.

Document Description Document No. Issue No.

No. of Pages

Remarks

1 Techno Commercial

1.1 Notice Inviting Tender -- -- 13

1.2 Instruction to Bidders -- -- 23

1.3 Proposal Forms -- -- 7

1.4 Exhibits

1.4.1 Submission Form A-Health, Safety, and Environment Requirements for Contractors Standard 0 24

1.4.2 Submission Form-B-Proposal Exhibits Standard 5 14+12

1.5.1 Technical Compliance – Confirmation by Bidder 44LK-5100-718/K.02/0024/A4 A 1

1.5.2 Commercial Questionnaire -- -- 4

1.6 General Conditions of Contract -- -- 76

1.7 Special Conditions of Contract 44LK-5100-718/K.02/0025/A4 C 26

Annexures to Special Conditions of Contract

1.7.1 Annexure I – Scope of Work -- -- 5

1.7.2 Annexure II – Scope of Supply -- -- 3

1.7.3 Annexure III – Time Schedule -- -- 2

1.7.4 Annexure IV – Measurement of Work and Invoicing Procedure -- -- 4

1.7.5 Annexure V – Terms of Payment -- -- 6

1.7.6 Annexure VI – Mobilisation of Minimum Equipments -- -- 3

1.7.7 Annexure VII – Deployment of Key Construction Manpower -- -- 3

1.7.8 Annexure VIII – Specification for Quality Assurance System

(a) Standard Specification for Quality Requirements ZSS001 2 4

(b) Standard Specification for using QC Check sheets ZSS002 2 5

(c) Applicable QC Check sheets Standard -- 2 + 44

1.7.9 Annexure IX – Specification for HSE Management

(a) Specification for Field HSE Activities 44LK-5100-718/K.02/0006/A4 A 58

(b) HSE Essential Requirements -- -- 7

1.7.10 Annexure IX – Vendor List 44LK-5100-000-R-01-0003-A4 7 92

1.8 Pricing Schedule

1.8.1 Preamble to Schedule of Prices 44LK-5100-718/K.02/0026/A4 B 1

1.8.2 Schedule of Rates for Above ground and Underground Piping Works -- -- 8 + 12

2 Supplementary Documentation NIL

3 Technical Documentation




Section No.


No. of Pages

Remarks

3.1 Schedule of Items for Supply Works 44LK-5100-718/K.02/0027/A4 C 11

3.2 Schedule of Items for Erection Works 44LK-5100-718/K.02/0028/A4 C 20

3.3 Specification for Earthwork 44LK-5100-00/C.02/1101/A4 A 7

3.4 Specifications for Plain and Reinforced Cement Concrete 44LK-5100-00/S.02/1102/A4 A 18

3.5 Specifications for Ready Mix Concrete 44LK-5100-00/S.02/1103/A4 A 7

3.6 Specifications for Masonry and Plastering 44LK-5100-00/A.02/1105/A4 A 9

3.7 Specifications for Structural Steel Work 44LK-5100-00/S.02/1119/A4 A 17

3.8 Piping Material Specification 44LK-5100-00/L.02/0101/A4 5 93+5

3.9 Piping Design Basis 44LK-5100-00/L.02/002/A4 2 51

3.10 Standard Specification For Cement Lined Piping 44LK-5100/L.02/001/A4 0 7+6

3.11 Welding Specification Chart For Piping Classes 44LK-5100-00/L.02/0103/A4 0 15

3.12 Specification for Non Destructive Examination Requirement of Piping 44LK-5100-00/L.02/0102/A4 0 12

3.13 Painting Specification 44LK-S100-00-V.02-0002-04 1 17

3.14 Piping Standard Specification – Procurement of Steel Pipes L SS 001 0 7

3.15 Piping Standard Specification – Procurement of Steel Pipe Fittings L SS 002 0 7

3.16 Piping Standard Specification – Procurement of Steel Flanges, Spades and Spacers L SS 003 0 6

3.17 Piping Standard Specification – Procurement of Steel Flanges, Gaskets L SS 004 0 6

3.18 Piping Standard Specification – Procurement of Steel Flange, Bolting Material L SS 005 0 6

3.19 Piping Standard Specification – Procurement of Metallic Expansion Joints L SS 006 0 8

3.20 Piping Standard Specification – Test Certificate Requirements for Piping items and Components

L SS 007 0 4

3.21 Piping Standard Specification – Procurement of Supports L SS 009 0 6

3.22 Standard Specification for Equipment Erection Z SS 003 1 13

3.23 Standard Specification for Fabrication and Erection of Piping Z SS 004 2 24

3.24 Standard Specification for Piping Welding Z SS 005 1 14

3.25 Standard Specification for Piping, Flushing, Testing. Inspection. Z SS 006 1 9

4 Drawing

4.1 Piping Interconnecting Corridor Drawing DHT Plant & OSBL Facilities. 44LK-5100-00-/L.01/0002/A0 F 1

4.2 Piping Rack Layout Area – 1 44LK-5100-00-/L.01/0101/A0 D 1




Section No.


No. of Pages

Remarks

4.3 Piping Rack Layout Rack – 4 (GRID – R4-1 To – R4- 12) 44LK-5100-00-/L.01/0104/A0 D 1

4.4 Piping Rack Layout Rack - 1 44LK-5100-00-/L.01/0113/A0 D 1

4.5 Piping Rack Layout Rack – 4 (GRID – R4-13 To – R4- 24) 44LK-5100-00-/L.01/0115/A0 C 1

4.6 Piping G.A. Rack-9 SWS SWR Services 44LK-5100-00-/L.01/1091/A0 1 1

4.7 Piping G.A. Rack-9 SWS SWR Services 44LK-5100-00-/L.01/1092/A0 1 1

4.8 Piping G.A. for Sea Water Supply Return Near ISBL Units 44LK-5100-00-/L.01/1313/A0 P1 1

DHT PROJECT

OF


AT

MUMBAI

SECTION. 1.0

TECHNO COMMERCIAL

Sheet 1 of 13 NOTICE INVITING TENDER (NIT)

FOR ABOVE GROUND & UNDERGROUND PIPING WORKS

FOR DIESEL HYDRO TREATING (DHT) PROJECT OF M/S. HINDUSTAN PETROLEUM CORPORATION LIMITED AT MUMBAI REFINERY (MAHARASHTRA)

BIDDING DOCUMENT NO. 44LK5100–ER-620001 - 061

(DOMESTIC COMPETITIVE BIDDING)

1.0 INTRODUCTION 1.1 Hindustan Petroleum Corporation Limited (HPCL) (hereafter referred as (‘OWNER’) intends to set

up a 2.2 MMTPA Diesel Hydro Treating facilities alongwith offsites and utilities at the Mumbai Refinery.

1.2 Online Bids are invited for & on behalf of M/s. Hindustan Petroleum Corporation Ltd. (HPCL)

in single stage three envelope system for carrying out ABOVE GROUND & UNDERGROUND PIPING WORKS AT MUMBAI REFINERY

2.0 BRIEF SCOPE OF WORK : 2.1 Above Ground & Underground Piping Works complete in all respect as per Technical

Specifications, drawings & Schedule of Rates enclosed in the bidding document for Diesel Hydro Treating (DHT) Project of M/s. Hindustan Petroleum Corporation Limited at Mumbai Refinery (Maharashtra)

2.2 Completion period shall be 8 (Eight) months from the date of LOI/FOI. Any bidder quoting

above 8 months will be loaded @1/2% per week of the quoted price including taxes and duties for the completion period above 8 months upto a maximum of 10(TEN) months ONLY. However, bidders maintaining completion period more than TEN MONTHS during techno-commercial evaluation will be rejected.

3.0 SALIENT FEATURES OF TENDER DOCUMENT : 3.1 Tender Document No. : 44LK5100–ER-620001–061

3.2 Online Confirmation for bid participation : From January 20, 2011, 1000 Hrs Upto

February 23, 2011 14.30 Hrs. 3.3 Tender Document Fee (Non-refundable) : Rs. 5,000/- (Rupees Five Thousand only) 3.4 Online Tender submission : Upto February 23, 2011, 14.30 Hours

3.5 Online unpriced bid Opening (Unpriced –

PART A & PART B, refer ITB) : From February 23, 2011, 14.31 Hours (Online

at e-proc site of HPCL)

3.6 Opening of Commercial Bid (Priced – PART C, refer ITB)

: In the presence of Authorized Representative of the Bidders. Date will be intimated later.

3.7 Bids to be submitted at : Online at e-proc site of HPCL at http://eproc.hpcl.co.in

3.8 Receipt of Pre-bid queries, if any. : Latest by January 28, 2011 3.9 Site visit : January 31, 2011 at 1400 Hrs

Section 1.1 NOTICE INVITING TENDER HPCL, Mumbai Refinery ABOVEGROUND & UNDERGROUND PIPING WORKS Sheet 2 of 13 Tender No. : 44LK5100–ER-620001 - 061 44LK 5100

3.10 Advise Name(s) of Person(s) (Maximum 2 persons) who will visit the site to the address given

below by January 28, 2011. The persons attending Site are requested to report at the Main Security Gate of HPCL, Mumbai Refinery at 2.00 p.m. They should carry necessary Authority Letter for visiting the Site.

Mr. Mrinal Das - Dy. General Manager (Project) Jacobs Engineering India Pvt. Ltd., H&G House, Plot No. 12, Sector 11, CBD Belapur, Navi Mumbai -400 614. Tel: 91.22.67562401 Fax: 91.22.27573049 E-mail: [email protected], cc to [email protected] and [email protected]

Enclosed herewith the” Site Visit Confirmation Form” Annexure – I to NIT. Annexure-1 which should be filled up and signed by you as well as Jacobs / HPCL, during site visit and shall be handed over to Jacob’s representative during site visit.

3.11

Pre Bid Meeting on Venue:

: :

February 01, 2011, Time: 10.00 Hrs Jacobs Engineering India Private Ltd.

H&G House, Sector 11, Plot No. 12, CBD Belapur Navi Mumbai – 400 614. (Depute 2 persons (maximum) to attend Pre Bid Meeting with proper Authority Letter).

4.0

BIDDER’S QUALIFICATION CRITERIA

4.1 TECHNICAL CRITERIA

4.1.1

Bidders shall have experience of having successfully carried out and completed similar work during the last 7 years ending last day of the month previous to the one in which applications are invited, which experience should be any one of the following: a. Three similar completed works, each costing not less than Rs 16.2 Crores. b. Two similar completed works, each costing not less than Rs 20.2 Crores. c. One similar completed work costing not less than Rs. 32.3 Crores. Similar work shall mean piping fabrication, erection & testing including/excluding supply of pipes & piping materials and shall include execution of under ground piping & above ground piping works which have been successfully completed.

4.1.2 At least one of the above qualifying works shall have been in either of Fertilizer, Petrochemicals, Power Plants or Refineries.

4.2

FINANCIAL CRITERIA

4.2.1 ANNUAL FINANCIAL TURNOVER


Average Financial Turnover during last 3 years, ending 31st March, of previous financial year,

should be at least INR 12.20 Crores.

4.2.2 4.2.3

The net worth of the bidder in the latest financial year as per the audited financial results upto the due date should be positive. However this will not be applicable for Indian Government PSUs. Both the above criteria at 4.1 and 4.2 have to be met for qualification of applicants.

5.0 Bids may be submitted by: a) A single person/ entity (called sole bidder); b) A newly formed incorporated joint venture (JV) which has not completed 3 financial years

from the date of commencement of business; c) A consortium (including an unincorporated JV) having a maximum of 3 (three) members;

5.1 Fulfillment of Eligibility criteria and certain additional conditions in respect of each of the

above 4 types of bidders are stated below, respectively: a) The sole bidder (including an incorporated JV which has completed 3 financial years

after date of commencement of business) shall fulfill each eligibility criteria. b) In case the bidder is a newly formed and incorporated joint venture and which has not

completed three financial years from the date of commencement of business, then either the said JV shall fulfill each eligibility criteria or any one constituent member/ promoter of such a JV shall fulfill each eligibility criteria. If the bid is received with the proposal that one constituent member/ promoter fulfils each eligibility criteria, then this member/promoter shall be clearly identified and he/it shall assume all obligations under the contract and provide such comfort letter/guarantees as may be required by Owner. The guarantees shall cover inter alia the commitment of the member/ promoter to complete the entire work in all respects and in a timely fashion, being bound by all the obligations under the contract, an undertaking to provide all necessary technical and financial support to the JV to ensure completion of the contract when awarded, an undertaking not to withdraw from the JV till completion of the work, etc.

c) In case the bidder(s) is/are a consortium (including an unincorporated JV), then the

following conditions shall apply:

1) Each member in a consortium may only be a legal entity and not an individual person;

2) The Bid shall specifically identify and describe each member of the consortium; 3) The consortium member descriptions shall indicate what type of legal entity the

member is and its jurisdiction of incorporation (or of establishment as a legal entity other than as a corporation) and provide evidence by a copy of the articles of incorporation (or equivalent documents);

4) One participant member of the consortium shall be identified as the “Prime member”

and contracting entity for the consortium;

5) This prime member shall be solely responsible for all aspects of the Bid/ Proposal including the execution of all tasks and performance of all consortium obligations;


6) The prime member shall fulfill each eligibility criteria;

7) A commitment shall be given from each of the consortium members in the form of a letter signed by a duly authorized officer clearly identifying the role of the member in the Bid and the member’s commitment to perform all relevant tasks and obligations in support of the Prime/lead member of the Consortium and a commitment not to withdraw from the consortium;

8) No change shall be permitted in the number, nature or share holding pattern of the Consortium members after pre-qualification, without the prior written permission of the Owner.

9) No change in project plans, timetables or pricing will be permitted as a consequence of any withdrawal or failure to perform by a consortium member;

10) No consortium member shall hold less than 25% stake in a consortium;

11) Entities which are affiliates of one another are allowed to bid either as a sole bidder or as a consortium only;

12) Any person or entity can bid either singly or as a member of only one consortium.

5.2 GENERAL

5.2.1 The Bidder shall furnish documentary evidence by way of copies of work order, completion certificates and balance sheet or Audited Financial Statements including Profit & Loss Account, necessary undertakings etc. along with bid to establish his experience and track record meeting qualification criteria. HPCL/JACOBS reserve right to complete the evaluation based on the details furnished without seeking additional information and hence it is bidder’s responsibility to furnish all the data at first instance.

5.2.2 HPCL / JACOBS reserve the right to assess Bidders capability and capacity to perform the contract by taking into account various aspects such as concurrent commitments, performance, etc. of the Bidder, should the circumstances so warrant such assessment in the overall interest of the project.

5.2.3 It is mandatory that prospective bidders should get registered with HPCL through HPCL’s Vendor/ Contractor registration process. The Vendor/ Contractor registration forms are available online (www.hindustanpetroleum.com). The procedure for online registration is enclosed (Annexure – II to NIT). For any further queries on registration, vendor's may directly contact Dy Manager Materials-Ms Elizabeth James Tel: 022-25075830 e-mail id: [email protected] or Sr Manager Materials C Hembram Tel: 022-25076802 email id: [email protected] . Above registration is also mandatory for sub-vendors and all sub-vendors shall apply for registration to HPCL -Mumbai Refinery.

5.2.4 It is also mandatory for bidder to register online (http://eproc.hpcl.co.in) for quoting Tenders in the E Procurement portal of HPCL. Please refer to Instructions to Bidders for further details.

6.0 BID SECURITY/ EARNEST MONEY DEPOSIT (EMD)


The Bid must be accompanied by a Bid security/EMD for an amount of INR 42.7 lakh (Rs.

Forty two Lacs seventy thousand only). Bids not accompanied with the EMD shall be rejected. EMD shall be in favour of Hindustan Petroleum Corporation Limited, payable at Mumbai in form of crossed demand draft or Bank Guarantee on non-judicial stamp paper of value not less than Rs. 100 from a Scheduled Indian bank (not cooperative bank), in prescribed Performa, valid 22nd August, 2011. In case of any extension of bid due date, Bank Guarantee for EMD shall be valid for six months from the extended due date of bid submission.

Bids with Bank Guarantees having shorter validity period are liable to be rejected. In case of extension of due date, the Bank guarantee validity need not be amended by the

bidders before submission of the bids. The Bank Guarantee validity can be subsequently extended if needed before expiry of the original Bank Guarantee validity. If the EMD is submitted in the form of DD, the DD shall be valid until the period of validity of the bids. Central Public Sector Enterprises and small scale units registered with National Small Scale Industries are exempted from furnishing EMD. Refer GENERAL TERMS & CONDITIONS OF CONTRACT for details. Bidder shall upload scanned copy of DD / Bank Guarantee for EMD along with Techno-Commercial bid on E Procurement Portal. However original DD / Bank Guarantee must reach Jacobs’ Belapur office on or before date and time of un-priced bid opening. Non receipt of original DD/ Bank Guarantee for EMD on or before date and time of un-priced bid opening will make offer non-responsive and liable for rejection even though scanned copy has been uploaded on E Portal along with Techno-Commercial bid.

7.0

TENDER FEE

7.1 Bidder shall upload scanned copy of crossed Demand Draft for Rs. 5,000/-( Five Thousand Only) drawn in favor of Hindustan Petroleum Corporation Ltd, Mumbai. The DD shall be payable at Mumbai. Original DD must reach Jacobs-Belapur office on or before date and time of un-priced bid opening. Non receipt of original DD for Tender Fee will make offer non-responsive and liable for rejection even though scanned copy has been uploaded on E Portal along with Techno-Commercial bid.

7.2 The complete Bidding Document is available on the website of HPCL (www.hindustanpetroleum.com), Jacobs’ (http://appstn.jacobs.com/tenders) HPCL’s e-proc website: http://eproc.hpcl.co.in. However, bidders have to submit bids only at http://eproc.hpcl.co.in Please refer to enclosed Instruction to bidders & Annexure – III to NIT for further instructions on E Procurement.

8.0 OPENING OF BIDS

Please refer to Instruction to bidders for further details. IMPORTANT: Your attention is specially invited to clause 9.5 of the Instruction to Bidders (ITB) regarding the contents of bid parts A, B and C and the manner of opening the bids. Accordingly please ensure contents of various bid parts are strictly in accordance with tender requirements.

9. 0 GENERAL 9.1 Telegraphic / Fax / E-mail/hard-copy offers shall not be accepted. 9.2 HPCL / JACOBS reserve the right to accept / reject any or all Bids without assigning any

reason whatsoever.


9.3 HPCL/ JACOBS shall not be responsible for any costs or expenses incurred by Bidder in

connection with the preparation or delivery of Bids, site-visit and other expenses incurred during bidding process.

9.4 Time and date of opening of Price Bids shall be intimated only to qualified and techno-

commercially acceptable Bidder(s) at a later date.

9.5 All communication regarding the tender including queries, if any, and submission of offers shall be done online within the e-Procurement system at: Website http://eproc.hpcl.co.in Please contact C1 India for any assistance at C1 India Pvt. Ltd. Tel. : +91-22-32444300 / 65281885 / 65281886 You can email queries and problems on [email protected]

You are requested to notify us through mail or fax within a week of receipt of the tender or of downloading from the website, of your intention to submit or not to submit a bonafide proposal in the Proforma for Acknowledgement Letter attached.

Thanking you, Very truly yours, S.B. Nayan Executive Director – Procurement Jacobs Engineering India Private Limited


Annexure – I to NIT

SITE VISIT CONFIRMATION This is to confirm that our Manager / Engineer Mr.___________________________ _____________________ has visited site on __________________ at ___________. He met Mr. ______________ of M/s._________________________________ and has obtained all necessary information regarding Site location, Site conditions, Safety requirements, tentative location of Site office / Fabrication yard etc. and the nature of work to be executed.

______________________________ ________________________________

SEAL OF BIDDER SIGNATURE OF BIDDER

_______________________________________

SIGNATURE OF Jacobs/HPCL REPRESENTATIVE


Annexure – II to NIT

Vendor Registration with HPCL. Please note that M/s HPCL now have an online Registration portal. M/s HPCL website address for online registration thru Internet is http://vendor.hpcl.co.in In case of any problems with website, you may contact Mr R Sathish Kumar at Tel.No. 040 66249023 / 8977; email id [email protected] or Mr Devadas – email Id [email protected]. The procedure for registration is given below : 1) Open the website address mentioned above & click on New Register. A one-page form will

appear. Fill in the Form giving your email id, password and other details. 2) A unique No. [eg. HP000---] will be allotted & sent to your email id. 3) Open the website once again and login giving the unique No. and password mentioned in the

one-page form. 4) A detailed Online Registration Form will then appear with the Index to the left. 5) After filling the Online Registration and giving "Final Confirmation" on website form, take a

printout and send HPCL a hard copy of the Form along with a copy of all the related documents [details filled/uploaded in the form], duly stamped & signed on each page, and neatly filed. This has to be submitted to the “Primary Location” for registration selected by you. Also, note copy of minimum three POs to be enclosed.

6) IMPORTANT NOTE: In case of application for jobs/contracts, vendors must have EPF / ESIC registration, failing which their applications will be rejected. For material supplies, vendors should mention their CST / Vat Nos. and Excise regn. No., if any. All vendors have to submit their audited Balance Sheet and Profit & Loss Account for the last three years.

7) This folder should be accompanied with a Demand Draft of Rs.5000/- from a Scheduled Bank [other than Co-operative Banks] payable to “M/s Hindustan Petroleum Corporation Ltd.”, payable at Mumbai [or whichever location you have selected for primary registration]. [Registration fees are Nil for vendors who have already been registered with our Organisation. However, copy of Registration Letter from HPCL has to be enclosed with the file containing hard copy of the Online Registration details as mentioned in (5) above.]

8) The form will then be scrutinized by the Registration Committee and if eligible, the Organization seeking Registration will be sent a Registration letter or a Regret letter.

Documents required to be submitted along with the Demand Draft: All forms filled in online Last 3 yrs. Financial results (Audited Balance Sheet & Profit & Loss Accounts) All copies of Statutory Licences, PAN Card, ISO Certifications, etc. 3 or 4 Purchase Order copies already executed (high value) Registration letters of HPCL (if existing) or of other companies ALL THE ABOVE NEATLY FILED (in a folder) EVERY SHEET SHOULD BE STAMPED AND SIGNED Elizabeth James Dy.Manager-Materials Ph: 022 25076830 Email: [email protected]


ANNEXURE – III to NIT

INSTRUCTIONS FOR E PROCUREMENT

For registration to bid online for the tender you have to access the site ( http://eproc.hpcl.co.in/), and do the following: To run this system on your pc, there are some settings you need to do on your pc. Please follow step 1 to 13 to make necessary settings on your pc to run this system smoothly. From 14th step onwards Enrolment process is described.

1. Open Internet Explorer (Do not try this in Mozilla Fire Fox or any other browser as currently the e-Tendering system is not compatible to other browsers.

2. If you get the error message that “Error in downloading C1Signing component 3. Open an internet explorer Go to Tools Internet Options Click on “Security” tab 4. Select “Trusted Sites” zone and click on “Sites” Button 5. Remove the check from “Require server verification” box and Add http://eproc.hpcl.co.in site.

Click on OK after this. 6. Now again select Trusted Sites and click on “Custom Level” button. 7. Enable all the options except for “Use Popup Blocker” 8. Disable “Use Popup Blocker” 9. Change status of Software channel permissions and Java permission if there to “Low Safety” 10. After doing these settings click on OK. A confirmation box will appear asking Are you sure you

want to save these settings?” Click on Yes 11. Go to Start control panel Add or Remove Programs(If you are using Windows Vista it will

be “Programs and features”). Check whether Java Runtime Environment is installed in it. 12. If Java Runtime Environment is not installed in your computer, Go to the site

http://eproc.hpcl.co.in Click on “Downloads” link . In Downloads, Click on Java Runtime Environment. You will be asked whether you want to save the file or run the file. Select “Save” Select the path where you want to save the file (For eg. Desktop or C: or D: etc).

13. After the download is complete, run the file by double clicking on the file you have saved. And proceed further by clicking on next-next and finish. Now follow the steps for Enrolling and registering certificate.

14. Go to the site http://eproc.hpcl.co.in 15. Message will be displayed that C1Signing component is not installed on your computer. It will

be downloaded automatically and a new window will open. This is E-Tendering Site home page.

16. Now go to the site and click on “Enrollment” link. A window will popup asking for user id, password, confirm password, Company name, company short name , Your email id. Fill up these details and click on “Submit” button.

17. You will get the message ” Please collect your Challenge phrase” which has been sent to your e-mail id.

18. After some time check your E-mail. You will receive a system generated challenge phrase. (If you do not find challenge phrase there check in your bulk/spam mail as well).

19. Go to the site and click on “Login” enter your user id you created, password you put, and challenge phrase you have received.


20. You will get the screen to fill up the details about your company and contact person and click

on “Save” button to save the data. After this click on the Secret question link. This is useful if you forget your password in future. Put secret question and the answer. For example: What is your favourite colour? Answer: Red. Save this information and after you get “Secret question saved successfully” close the window. Click on 2nd Page. There you will have to fill up Contact numbers and fax number. Save this data by clicking on “Save” button.

21. After you get the message that the data saved successfully, click on “Proceed” button. 22. This will complete your enrolment on the site. Now you will get message that your registration

is pending for Approval. HPCL has to approve your registration. 23. Digital certificate: Digital certificate is electronic certificate which is used to sign your data

while you fill the tender. It works as the proof of your online identity i.e. if you bid for the tender, your certificate indicates that its only you who is bidding for the tender. It is like your identity card.

24. Where can you apply for the certificate? : There are some certification authorities who issue digital certificate. For example: MTNL, N-Code Solutions, TCS(Tata consultancy services) etc.(C1India issues certificates on behalf of NCode Solutions).

25. While downloading the digital certificate, make sure you have proper rights to download on your machine. Administrator login is preferred while downloading the certificate. Certificate downloading is one time process. Be careful and follow all the instructions given by respective certification authority. If the certificate is not downloaded properly(Typical example is you cannot see the certificate in “Personal” section of certificates.) Contact respective certification authority immediately.

26. To view your certificate, open an Internet explorer Go to Tools Internet Options Content Certificates Select the certificate and click on view.

27. After downloading the certificate, export the certificate which will be a backup for your certificate.

28. After ensuring that the certificate has been installed properly, go to the site http://eproc.hpcl.co.in and click on Login.

29. Put your user id, password, and click on login button. 30. You will get a screen where you will see a button “Register certificate” click on it. You will see

a popup window displaying your certificate. Select your certificate and click on OK. 31. Wait for sometime till the Register Certificate button turns into Save Details button(This might

take time depending on your internet connectivity). 32. Click on “Save Details” Button after this. You will get the message that your certificate

registered successfully. 33. If you get the message Your registration is pending for approval, you should contact related

HPCL person who can approve your registration. 34. After approval you can log in the site and start bidding for tenders. For instructions, download

“Bidding Manual” which is available on the homepage of the site.

Note: All these instructions along with screenshots are there on Site homepage in “New User Instruction Manual”

Some Important notes:

Since this is a public tender, you can view this tender without logging in and download mentioned tender document and tender forms. However to bid for this tender you must get


registered and approved by HPCL on this site and you must have a valid digital certificate (The certificate class should be class II and above).

If you are bidding for some other organisation’s e-tendering portal with a digital certificate, you can use the same certificate provided its class II and above.

Usage and purpose of a digital certificate: As mentioned above (point 23) it works as the proof of your online identity and it also provides secured and transperent bidding and opening of a tender. It also works as a key for your account. Without combination of user id, password and your digital certificate you or anyone cannot access your account. It also has transaction level security setting if you wish to i.e. It will ask you for the password if you have set any everytime you sign the data.

After submitting your bid, Please take a print out of the bid receipt from menu “Bid View” in “Own Bid View” which is confirmation of your bid submission. Please note partial bid will not be submitted in the system under any circumstances.

Troubleshooting: In case of any query or technical issue faced, please contact C1India Pvt. Ltd. On 022-32444300, 022-65281885/6. You can email queries and problems on [email protected] . To explain the issue more clearly you can take a screenshot of the screen where you are getting stuck and email it on the above id. To take a screenshot you have to press “Print Screen” button on the keyboard open word document and paste it in the document and save that file to attach with the e-mail.

For tender specific queries you should contact concerned HPCL official mentioned in the tender as “Responsible Person”.


ACKNOWLEDGEMENT LETTER

Ref. No. : Date : Jacobs Engineering India Private Limited H&G House, Sector 11, Plot No. 12, CBD Belapur, Navi Mumbai – 400 614 (India)

ATTN. : Executive Director - Procurement SUB: Above Ground & Underground Piping Works complete in all respect as per Technical

Specifications, drawings & Schedule of Rates enclosed in the bidding document for Diesel Hydro Treating (DHT) Project of M/s. Hindustan Petroleum Corporation Limited at Mumbai Refinery (Maharashtra)

Tender no. 44LK-5100–ER-620001 - 061 Dear Sirs, We hereby acknowledge downloading of the complete set of Tender Document alongwith enclosures for subject works as per Master Index for our use in preparing the Bid. We undertake that the contents of the above Tender Document shall be kept confidential and further that the drawings, specifications and documents shall not be transferred and that the said documents are to be used only for the purpose for which they are intended. A) We intend to bid as requested for the subject Items and furnish following details with respect to our quoting office : i) POSTAL ADDRESS : _______________________________________ _______________________________________ ii) TELEPHONE NUMBER : _______________________________________ iii) TELEFAX NUMBER : _______________________________________ iv) E-MAIL ADDRESS : _______________________________________ v) CONTACT PERSON : _______________________________________


B) CONTACT PERSON AT MUMBAI, IF ANY, FOR INDIAN BIDDERS i) POSTAL ADDRESS : _______________________________________ _______________________________________

ii) TELEPHONE NUMBER : _______________________________________ iii) TELEFAX NUMBER : _______________________________________ iv) E-MAIL ADDRESS : _______________________________________ v) CONTACT PERSON : _______________________________________

C) We are unable to bid for the reasons given below and we are returning the entire set of Tender Documents.

Reasons for non-submission of Bid : _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ COMPANY’S NAME : ____________________________________________ SIGNATURE : ____________________________________________ NAME : ____________________________________________ DESIGNATION : ____________________________________________ DATE : ____________________________________________ NOTE: Bidder is requested to furnish the details mentioned at (A) and (B) or (C) immediately

after receipt/ downloading of Tender Documents.

TENDER NO. – 44LK-5100-ER-020001-061

TITLE: Above Ground and Under Ground Piping Works for HPCL DHT Project

\\Nmumfil01\construction\44LK 5100 HPCL DHT\AG & UG Piping Works\1. Tender\Documents Revised for e Procurement\Section 1.2 ITB.doc Page 1 of 23

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

Online e- Tender System 1.0 INTRODUCTION

Hindustan Petroleum Corporation Limited (HPCL) (hereinafter referred as (‘OWNER’) intends to set up Diesel Hydrotreating Unit, in their existing refinery located at Mumbai, Maharashtra.

For implementation of the above project, the Owner is inviting on-line Bids, under single stage three Bid System, for the entire supplies and work covered under the Tender Documents (hereinafter for the purpose of these instructions collectively referred to as the ‘WORKS’) from Bidders.

The Completion schedule of the WORK shall be strictly as per section titled “Time Schedule” as per Annexure-III to Special Conditions of Contract. All Bids shall be completed and returned in accordance with and within the time provided in these Instructions to Bidders.

2.0 OWNER’S CONSULTANT

For this Project, the Owner has appointed M/s. Jacobs Engineering India Private Limited (JACOBS) as the Engineering, Procurement and Construction Management (EPCM) (hereinafter referred to as the ‘Consultant’ of the Owner) involved in the Bidding process and they will be performing various actions in relation to the Bidding process and in the evaluation of Bids for and on behalf of the Owner. “Consultant” as referred to in these Instructions to Bidders or other parts of Tender Document is only intended to clarify to the Bidder the Owner’s intention that operations involved in the bidding process, including the evaluation of Bids, shall be conducted by the Owner through Consultant.

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 will in no case be responsible or liable for those costs regardless the outcome of the bidding process.

4.0 SITE VISIT:

The bidder is advised to visit and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract. The cost of visiting the site(s) shall be at bidder’s own expenses.

5.0 TENDER DOCUMENTS

The Bidder is expected to examine the Tender Documents, including all instructions, forms, terms, specifications, drawings and other documents and requirements of the Tender Document downloaded from HPCL E-proc website http://eproc.hpcl.co.in. It shall also be bidder’s responsibility to check whether tender documents are complete and seek any apparently missing information required. Failure to furnish all information required by the Tender Document or submission of a Bid not substantially responsive to the Tender Document in every respect may result in the rejection of the Bid without seeking any further information from the bidder.

TENDER NO. – 44LK-5100-ER-020001-061



Any Corrigendum/ Amendments shall be uploaded only on E Procurement Portal of HPCL (http://eproc.hpcl.co.in). Vendors are advised to visit frequently this website for the purpose.

Any amendment issued in accordance with clause 7.0 below shall also form part of the Bid Document.

6.0 CLARIFICATION OF TENDER DOCUMENT

Bidder shall examine the Tender Documents thoroughly. Bidder requiring any clarifications on the Tender Document may notify the Owner and Consultant in writing not later than 7 working days before due date (except Saturday/ Sunday) as per proposal form, FORM-D enclosed in the Tender Documents along with the Tender. Consultant shall issue appropriate clarification or amendment in the e-proc portal only if required. Failure of Bidder to comply with the aforesaid shall not excuse the Bidders from performing the services in accordance with the tender and, if subsequently awarded, the Purchase Order.

7.0 AMENDMENT OF TENDER DOCUMENTS

At any time prior to the date for submission of Bids as well as upto priced Bid opening, the OWNER/CONSULTANT may, for any reason whether at its own initiative or in response to a clarification requested by prospective Bidders, modify the Tender Document by amendment.

The amendment shall be part of the Tender Documents, and shall be available on E Procurement Portal of HPCL (http;//eproc.hpcl.co.in) to all prospective Bidders and shall be binding on them. The Bidder shall be required to acknowledge receipt of any such amendment(s) to the Tender Documents.

In order to provide time to prospective Bidders to take into account such amendment in preparing their Bids, OWNER/CONSULTANT may, at its discretion, extend the date for the submission of Bids.

8.0 MANDATORY REQUIREMENTS

The provisions of the following clauses of the Tender Document must be adhered to without deviations:

Bid Validity period as per clause 11.0 of this Instructions to Bidders.

Acceptance of General Terms & Conditions of Contract.

Termination of Contract as per clause 12 of General Terms & Conditions of Contract.

Completion / Time Schedule for completion as per Tender requirements. (Refer ANNEXURE – III to SPECIAL CONDITIONS OF CONTRACT)

Proforma for all Bank Guarantees and submission of Performance Bank Guarantee (PBG) as per Tender Requirements.

Arbitration as per Attachment-B (Arbitration clause - For Indian Bidders) of General Terms & Conditions of Contract.

TENDER NO. – 44LK-5100-ER-020001-061



Submission of Integrity Pact as per Format provided in the Tender Document. Integrity Pact must be submitted duly filled, signed and stamped along with Part A of the offer as mentioned in clause no 9.5 below.

REJECTION CRITERIA

Mandatory conditions, for deviations to any of which the offer shall stand rejected are: - Non-submission of signed and stamped integrity pact with unpriced bid (PART –A) if applicable as per Tender Requirements

- Shorter offer validity period than that specified in the tender, - Revealing prices directly or indirectly in the un-priced part, - Deviation to submission of required PBG. - Non-receipt of original DD for tender Fee and BG for EMD (if applicable) at Jacobs, Navi Mumbai office as per NIT/ Tender Requirements before due date and time of un-priced bid opening.

9.0 PREPARATION / SUBMISSION OF TENDER: 9.1. This is only a Tender Enquiry and not an order. 9.2. The tender should be submitted online at website http://eproc.hpcl.co.in only, by the due

date and time, as specified in the tender. The Server Date & Time as appearing on the HPCL website (http://eproc.hpcl.co.in) shall only be considered for the cut-off date and time for receipt of tenders. Offers sent through post, telegram, fax, telex, e-mail, courier will not be considered. Any letters sent by fax/ telegram/ e-mail offering discounts, quoting prices etc will also not be considered

9.3. Partially completed / incomplete tenders shall not be considered. 9.4 All subsequent amendment(s), if any, (alongwith revised prices if required) regarding the

tender sought by HPCL shall be done only online within the e-Procurement system at Website http://eproc.hpcl.co.in. Any extra prices/ price implications etc sent outside the e-proc portal shall be treated null and void and shall not be considered.

9.5. INSTRUCTIONS REGARDING SUBMISSION OF BIDS:

Bid shall be submitted under SINGLE STAGE 3-BID SYSTEM and in the e-tender system only i.e.,

PART – A Tender Fee, EMD and Integrity pact PART -- B Techno-commercial bid (Unpriced)

PART – C PRICED BID 9.5.1 Part-A – shall contain scanned copies of Demand Draft towards Tender Fees as mentioned

in clause no. 7 of Notice Inviting Tender (NIT), Bank Guarantee/Demand Draft towards Earnest Money Deposit (EMD) as mentioned in clause no. 6 of Notice Inviting Tender (NIT) and copy of Integrity pact duly signed and stamped each page as per clause 23.0 of this ITB.

IMPORTANT: Unpriced Bid Part-B of only those bidders shall be decrypted who have enclosed requisite Tender Fee, EMD as per Notice Inviting Tender (NIT) and Integrity pact as applicable, in Part-A

TENDER NO. – 44LK-5100-ER-020001-061



Bank Guarantee/Demand Draft towards Earnest Money Deposit (EMD) shall be valid upto the date mentioned in NIT. Bids submitted with Bank Guarantee/Demand Draft having shorter value and/or validity period shall be rejected.

9.5.2 (PART-B) Techno-commercial / Unpriced Bid shall contain the following documents :

i. Form of Bid as per Form A. ii Tender Master Index duly signed and stamped as a confirmation of having

downloaded and considered the complete tender documents for quoting. iii List of Deviations (if any) to the commercial and technical Bid documents as

per proposal FORM –D, technical deviations must be given separately for each discipline.

iv Literature / Pamphlets (if applicable). v Technical Compliance Confirmation by bidder section 1.5 vi Exhibit – 1 (Contractor’s HSE Data Form) of the Submission Form – A (HSE

Requirements for Contractors) duly filled, signed and stamped by the bidder. vii Submission Form – B Proposal Exhibits. All Proposal Exhibits must be duly

filled and signed by the Bidder without exception in token of acceptance and must bear his seal. Separate pages may be appended if necessary and should be documented/ listed in the enclosed Proposal Exhibits.

viii Power of Attorney of Bid Signatory ix Bid Qualification Criteria (BQC) FORM- E duly filled in along with supporting

documents such as order copies, completion certificates, as stipulated therein.

x Balance Sheets for the Year Ending 2007-08, 2008-09 and 2009-2010 or for the Years Ending 31st December 2007, 2008 and 2009.

xi Commercial Questionnaire (Section 1.5) duly filled in xii E-mandate payment form- Appendix -B

xiii Check list for filling and submitting alongwith bids- Appendix C In addition to uploading of above documents on E Portal, bidder shall also send signed and stamped copies of all above documents through courier to M/s Jacobs Engineering India Pvt Ltd – H&G House, Plot No 12, Sector 11, CBD Belapur, Navi Mumbai – 400614 to the attention of Mr. S. B. Nayan – Executive Director – Procurement.

9.5.3 Part - C (Priced Bid) shall consist of : a) Online Price schedule as per Forms given in the Bid documents duly completed in all

respects. IMPORTANT NOTE: No rates should be mentioned in the un-priced bid. In case any rates are found in the un-priced bids, your offer will not be considered for evaluation, hence WILL BE REJECTED.

9.6 Waiver of conditions/ deviations (if any) as per proposal FORM-C, shall be submitted before

the opening of the priced Bid.

9.7 The Bid requirements are explicitly stated in the Tender Document. Bidder is required to study these requirements in detail and make a proposal in an outline as defined above completely meeting these requirements. The offer must be complete in all respects, leaving no scope for ambiguity. It is in the interest of Bidder to submit complete & comprehensive proposal leaving no scope for OWNER/CONSULTANT to raise or ask for any further questions or clarifications, with a view that the proposal may be evaluated only on the basis of what has been submitted by the Bidder in the first instance in order to adhere to a very strict project schedule.

TENDER NO. – 44LK-5100-ER-020001-061



9.8 For the purpose of these documents the terms “Bid” and “tender”, “Bidding” and “tendering” and other similar expressions are synonymous.

9.9 CURRENCY OF BID: Prices shall be quoted only in Indian Rupees. 10.0 BID PRICE 10.1 Unless otherwise permitted in the Tender Documents, the Bid shall be for the whole Scope: 10.2 This is an item rate tender and quantities are tentative. Bidders to fill in prices only in

respective price schedules given in the tender. The prices quoted by the bidder shall be inclusive of all taxes / duties, Inspection and test charges as well as Third Party Inspection (TPI) charges, but EXCLUSIVE of Excise Duty including cesses, Sales tax/VAT, Octroi (entry tax), Service Tax including cesses, composite WCT-VAT and composite Service tax including cesses. The vendors are required to check the correct rate of taxes prevailing at the time of quoting. Also refer to Clause 13.0 of SCC.

a. The taxes and duties will be reimbursed only against production of documentary

evidences. b. Vendor to produce proper tax invoices along with the bill incase of ED, VAT, Service

Tax VAT/WCT etc to enable HPCL to take credit otherwise the payments towards taxes will be withheld till the production of documentary evidences.

c. Vendor to provide VAT-TIN No and Service Tax Registration no in Commercial

Questionnaire d. The taxes quoted by the vendor shall be written in terms of percentage in the

applicable column of the tender enquiry.

e. The prices should also be inclusive all the charges towards loading/unloading of materials and proper storage at site etc, as applicable, for delivery of materials at site.

h. If the vendor did not specify any/all of applicable taxes as extra the same shall be

deemed to be inclusive in the quoted prices and evaluation and payment will be made by netting such taxes, included in the prices.

It may be noted that Income tax at the prevailing rate will be deducted from contractor’s bill as per the prevailing Income Tax Act.

11.0 PERIOD OF VALIDITY OF BIDS

11.1 Bids shall remain valid for 4 four) months after the original or extended deadline for Bid

submission. A bid valid for a shorter period shall be rejected by the OWNER/ CONSULTANT as non-responsive.

11.2 Notwithstanding the above, the OWNER/ CONSULTANT may solicit the Bidder’s consent

to an extension of the period of Bid validity. The request and the responses thereto shall be made in writing.

11.3 A Bidder accepting the request for extension shall not be permitted to modify its Bid

because of the extension. 12.0 DATE FOR SUBMISSION OF BIDS

12.1 The Bid, together with required necessary documents must be uploaded on E Portal within

the date and time as specified in Notice Inviting Tender.

TENDER NO. – 44LK-5100-ER-020001-061



12.2 The OWNER/ CONSULTANT may, at its discretion, extend the date for the submission of

Bids by amending the Tender Documents, in which case all rights and obligations of the OWNER/ CONSULTANT and Bidders previously subject to the date of submission of Bids, will thereafter be subject to the date, as extended

12.3. Bidders shall be required to arrange all resources, including Digital IDs/signatures etc and

Internet Connections at their own cost, for participating in online tenders at HPCL e-Procurement site http://eproc.hpcl.co.in.

12.4 HPCL shall not be responsible for any delays or reasons whatsoever in timely submitting

offers, including connectivity issues. HPCL shall not be responsible for any postal or other delays in submitting EMD / Tender cost wherever applicable.

12.5 Request for extension of tender submission due date, if any received from bidders less than

within 3 working days of tender submission due date/time shall not be considered. JE/HPCL reserves the right to grant extension at their sole discretion.

13.0 OPENING OF BIDS

13.1 Tender opening (unpriced bid) will be done online at the time and date specified in the

tender. Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (http://eproc.hpcl.co.in) for witnessing the tender opening (unpriced bid) and at the intimated date for priced bid in case of techno-Commercially accepted vendors.

13.2 HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate, regardless of the Conduct or outcome of the biding process.

13.3 If only priced bid is received, or the prices are inadvertently indicated in the unpriced bids

in any manner the same shall be rejected without any intimation to you. The unpriced and priced bids shall be identical in all respects, except that the un-priced bid shall not contain any prices.

14.0 CLARIFICATION OF BIDS 14.1 To assist in the examination, evaluation and comparison of Bids, the OWNER/

CONSULTANT may, at its discretion, ask the Bidder for a clarification of its Bid. All responses to request for clarification shall be in writing, and no change in the price or substance of the Bid shall be permitted unless specifically sought by Owner / Consultant. Price implications on account of Technical or commercial clarifications shall not be permitted as long as HPCL/ Jacobs do not change the specifications / scope/ terms spelt out in the Tender. Bidders will be allowed to submit price implication only on-line under two-bid system only against specific changes/addenda communicated by Jacobs.

15.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS 15.1 The CONSULTANT will examine the Bids to determine whether they are complete, whether

required securities have been furnished, whether the documents have been properly signed, and whether the Bids are generally in order.

15.2 The Owner/Consultant shall determine to its satisfaction whether the Bidder has submitted

responsive Bid and is qualified to perform satisfactorily the work and such determination shall not be open to question.

TENDER NO. – 44LK-5100-ER-020001-061



15.3 The determination shall also take into account the Bidder’s financial and technical capabilities, as well as such other qualifications as the Owner/Consultant deem necessary and appropriate.

16.0 WAIVER OF DEVIATIONS AND CONDITIONS 16.1 Waiver of deviations and conditions (if any) as per Proposal FORM – C, should be

submitted by the Bidders before the opening of the Priced Bid failing which the Priced Bid of concerned Bidder is liable for rejection. Any stipulations / deviations mentioned elsewhere in the offer shall not be considered.

17.0 COMPLETE SCOPE OF SUPPLIES 17.1 The complete scope of supplies / services has been defined in the Tender Document. Only

those Bidders who take complete responsibility for the work and who quoted for the complete scope of supplies / services as contained in the Tender document shall be considered for further evaluation

17.2 Bids received without attachments as mentioned in the enquiry- like commercial

questionnaire, deviation sheet (if any deviation sought by the vendor etc.) duly filled in shall be rejected.

17.3 Bids with technical/ commercial deviations of any kind mentioned elsewhere in the

quotation (other than List of Deviations FORM –D) shall be liable for summary rejection. 18.0 OPENING OF PRICE BIDS 18.1 Substantially responsive Bidders will be short listed by the OWNER/CONSULTANT for

opening of price part of their Bid. Date, time of on-line opening of their price Bid shall be informed to the short listed Bidders subsequently.

19.0 EVALUATION AND COMPARISON OF BIDS

19.1 Evaluation will be done for cumulative amount of Supply and Composite portion after taking into account the Cenvat benefits (i.e., net total evaluated price) offered by the bidders as under:

19.1.1 Supplies Price Schedule –

a) Amount for all supply items of ‘Schedule of Rates’ as per the rates quoted therein. b) Add: Taxes and levies and other charges as quoted c) LESS: total amount of all Cenvat benefits offered by the bidder. Bidders to note that for evaluation, Cenvat towards Service Tax on Transportation will not be eligible for set-off. Accordingly the same has not been sought in the Tender.

19.1.2 Composite Items Price Schedule -- a) Amount for all Composite items of ‘Schedule of Rates’ as per the rates quoted therein.

b) Add Service Tax and WCT (VAT), as quoted. c) LESS: total amount of all Cenvat benefits offered by the bidder.

19.2 Completion period shall be 8 (Eight) months from the date of LOI/FOI. Any bidder quoting

above 8 months will be loaded @1/2% per week of the quoted price including taxes and duties for the completion period above 8 months upto a maximum of 10(TEN) months ONLY.

TENDER NO. – 44LK-5100-ER-020001-061



However, bidders maintaining completion period more than TEN MONTHS during techno-commercial evaluation will be rejected.

19.3 Evaluation for the tendered work shall be done on overall lowest basis, i.e., lowest total

evaluated price of all the above price schedules.

19.4 HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL. Financial loading due to commercial deviation, if any, shall be done considering @SBI PLR+ 1% per annum as on the due date of bid submission.

20.0 CONTACTING OWNER/ CONSULTANT 20.1 No Bidder shall contact the OWNER/CONSULTANT on any matter relating to its Bid from

the time of Bid opening to the time, the Purchase Order is awarded, unless requested to in writing. Any effort by a Bidder to influence the OWNER/ CONSULTANT in the Owner’s decisions in respect of Bid evaluation or Purchase Order award will result in the rejection of that Bidder’s bid.

20.1 OWNER’S RIGHT TO ACCEPT/ REJECT BIDS 20.1 The OWNER reserves the right to accept or reject any Tender and to annul the Bidding

process in toto and reject all Bids at any time prior to award of Contract without thereby incurring any liability to the affected Bidder(s) or any obligation to inform the affected Bidder(s) of the grounds of OWNER’S action.

20.2 It is observed that many Bidders indulge in trading in contracts by entering into

undisclosed back-to-back arrangements for the whole or a substantial portion of a contractor’s obligations under the contract. Consequently, if a Bidder proposes to enter into any such arrangements upon a successful award of work or has in place any such arrangements which will become operative upon the award of work, the Bidder must make complete disclosure of such arrangement or proposed arrangement in its proposal, and all provisions applicable to sub-contractor (s) in terms of Tender Documents shall apply to such arrangements. Acceptance or otherwise of such arrangement will be under the discretion of the owner.

20.3 If the existence of such an undisclosed arrangement is reasonably apprehended by the

OWNER/CONSULTANT in the case of a Bidder, the OWNER may reject such Bidder’s bid as not responsive.

20.4 If such an undisclosed arrangement is discovered after the award of work, such

arrangement(s) shall be deemed to constitute an assignment of contract and a ground of termination pursuant to the provisions of termination under the General Purchase Conditions.

21.0 NOTIFICATION OF AWARD

TENDER NO. – 44LK-5100-ER-020001-061



21.1 The Owner will notify the successful Bidder in writing by letter and/or by fax of acceptance that their Bid has been accepted. The notification of award will constitute the formation of a Contract.

22.0 PURCHASE ORDER 22.1 Purchase Order shall be prepared after the notification of acceptance of Bid. The Tender

Documents and addendum(s) and any modifications thereto and/or there from agreed by the OWNER shall be considered as order.

22.2 A statement of agreed variations shall be prepared based on the finally agreed deviations if

any, to the Tender Documents and all other correspondences forming part of the offer, prior to issue of notification of acceptance of Bid, shall be treated as null & void.

23.0 INTEGRITY PACT (APPLICABLE FOR CASES ABOVE RS.1 CRORE)

23.1 The Integrity Pact duly signed by the authorized official of HPCL and the Contractor, will

form part of this contract / supply order. Bidder is required to go through the provisions regarding Integrity Pact as per General

Terms and Conditions of Contract, and/or Annexures-16 and 17 (Refer format of BG & IP). Integrity Pact is a Pact between HPCL (as a purchaser) on one hand and the prospective bidder/contractor (vendor) on the other hand stating that the two parties shall make certain commitments as to each other in regard to ensuring transparency and fair dealings in the purchasing activities of the Corporation: H.1 Agreement to be handed over/ signed at the time of sale of tender documents to the

vendors as per Annexure – 16 (Refer format of BG & IP). Where the tenders are downloaded from the Net, this Agreement shall be a precondition to the downloading of the tender documents.

H.2 Proforma of Integrity Pact issued along with the bidding document: Annexure – 17

(Refer format of BG & IP) shall be returned by the bidder along with technical bid, duly signed by the same signatory who signs the bid i.e. who is duly authorized to sign the bid. All the pages of the Integrity Pact shall be duly signed by the same signatory. Bidder’s failure to return the Integrity Pact along with the bid, duly signed, shall be liable for rejection of such bid.

23.2 If the Bidder has been disqualified from the tender process prior to the award of contract

according to the provisions under Integrity Pact, HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMD/Bid security (Bid Bond) as per provisions of Integrity Pact.

23.3 If the contract has been terminated according to provisions of the Integrity Pact, or if

HPCL is entitled to terminate the contract according to provisions of Integrity Pact, HPCL shall be entitled to demand and recover from the Contractor liquidated damages amount by forfeiting the Performance Bank Guarantee/ Security deposit as per Integrity Pact.

23.4 Please note the Independent External Monitor (IEM) appointed by HPCL for the purpose

of administration of the Integrity Pact assigned for this Tender Document is listed below:

TENDER NO. – 44LK-5100-ER-020001-061



Name – …………. C/O Company Secy’s Office

Hindustan Petroleum Corporation Limited Petroleum House, Floor No 6 17, J R D Tata Road , Mumbai -400 020

24.0 LANGUAGE OF BIDS

24.1 The bid and all correspondence incidental and related to bid shall be written in English language. Any printed literature and document submitted in any other language should be accompanied by authenticated English translation, in which case, for purpose of interpretation of the bid the English translation shall govern. Responsibility for correctness of translation shall lie with the Bidders.

25.0 CONFIDENTIALITY OF DOCUMENTS

25.1 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.

26.0 PART ORDER- Not applicable 27.0 NATURE OF CONTRACT:

The nature of this contract shall be Divisible Works Contract.

28.0 JOB COMPLETION SCHEDULE / COMPLETION PERIOD: Completion period shall be 8 (Eight) months from the date of LOI/FOI. Any bidder

quoting above 8 months will be loaded @1/2% per week of the quoted price including taxes and duties for the completion period above 8 months upto a maximum of 10(TEN) months ONLY.

However, bidders maintaining completion period more than TEN MONTHS during techno-commercial evaluation will be rejected.

29.0 STATUTORY REQUIREMENTS: You will have to ensure compliance of the provision under all the relevant statutory Acts like ESI, EPF, Minimum Wages, Contract Labour (R & A) Act etc.

29.1 Bidders shall have their own ESIC AND EPF Codes. 29.2 Workmen’s compensation act shall be applicable to workmen not covered by ESIC. 29.3 Bidders shall undertake that they will submit the proof of payment of ESIC and EPF

Contribution before 20th of every month to Contract Labour Section. 29.4 In the event of Damage/ penalties levied by ESIC / EPF authorities on HPCL due to fault

of the contractor, HPCL Shall be fully indemnified by the contractor even after the completion of contract also. HPCL has the right to pursue legal action on contractor and in the event the contractor does not indemnify HPCL.

29.5 It shall be the duty of the contractor to return the gate passes issued after completion of contract. In the event of non returning of card, HPCL has the right to deduct the entire amount i.e. Rs.250 or specified amount issued from time to time X no of unreturned cards.

TENDER NO. – 44LK-5100-ER-020001-061



29.6 Contractors shall be liable to submit all the registers / records / forms as prescribed under various labor laws to authorized representatives of HPCL/ appropriate authorities under relevant labour laws.

30.0 DECLARATION BY THE BIDDER:

Bidder to give a declaration that they have not been banned or de-listed by any government or quasi government or PSUs. If a bidder has been banned by any government or quasi government or PSUs, please note that it may not necessarily be a cause for disqualifying him. If this declaration is not given, the bid will be rejected as non-responsive.

31.0 GENERAL DECLARATION BY THE TENDERER

I / We solemnly declare that by way of submission of quotation for the subject tender. I / We fully understood the terms and conditions of the tender in both technical & commercial aspects and agree to abide by all the terms and conditions therein.

Signature : Contact Tel No.:

Name : Mobile No. :

Designation : e-mail ID :

Company Seal:

32.0 REVERSE AUCTION HPCL reserves the right to conduct the reverse auction.

In the event of HPCL conducting the reverse auction, the techno-commercially acceptable vendors will be required to submit their prices in electronic form, in an Online sealed Bid followed by the Online Reverse Auction, to be conducted by M/s C1 India Pvt Ltd, on behalf of JE/HPCL. The necessary training and other details will be provided by M/s C1 India Pvt Ltd in due course. Note: • The on-line priced-bid, submitted in e-Tendering along with the offer, will not be

considered upon conducting the Reverse Auction. • However, in case the Online Reverse Auction is not successful or the number of

techno-commercially acceptable vendors is less than 3, HPCL reserves the right to open these price bids submitted by the bidders during e-Tendering and award the contract based on them.

• In case a bidder does not submit online bid as required by reverse auction procedure,

their offer will not be considered for evaluation & will be summarily rejected. • Order shall be placed on the Lowest bidder, basis overall lowest delivered cost,

emerging out of the reverse auction process and HPCL’s decision on award of contract shall be final and binding on all the bidders.

• In situations of unwillingness of tenderers to participate in Reverse Auction, after

technical acceptance, but before commencement of Reverse Auction, EMD to be forfeited.

TENDER NO. – 44LK-5100-ER-020001-061



• Successful bidder shall submit the final price(s) quoted during reverse auction duly signed and stamped as a token of acceptance without imposing any new condition. The closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of 90 days from the date of the reverse auction.

ONLINE BID & ONLINE REVERSE AUCTION:

After evaluation of the Techno-commercial bids by HPCL, the techno-commercially acceptable vendors will be notified by M/s C1 India Pvt Ltd, regarding date & time for the Online Bids and Online Reverse Auction.

M/s C1 India shall arrange for a live demonstration/ training of the techno-commercially acceptable vendors’ nominated person(s), without any cost to the vendor.

M/s C1 India Pvt Ltd shall also explain to the vendors, all the rules related to the Online Bids & Online Reverse Auction / Business Rules Document to be adopted along with bid manual.

Please refer to Appendix A for Business Rules pertaining to Reverse Auction.

It is mandatory for the vendors to submit their written compliance /confirmation of having read and understood all the procedures of Online Bids & Online Reverse Auction, before start of the process.

During the submission of Online Bids & Online Reverse Auction, the vendors shall be quoting from their own offices/ place of their choice. Uninterrupted Internet connectivity shall have to be ensured by each vendor at their own cost.

TENDER NO. – 44LK-5100-ER-020001-061



Appendix -A Business Rule and Terms & Conditions – Reverse Auction

Tender No. : 44LK-5100-ER-020001-061 Sub:

Buyer name

HINDUSTAN PETROLEUM CORPORATION LIMITED, MUMBAI REFINERY

Auction to be conducted

by

C1 INDIA PVT. LTD. C-104, Sector-2, Noida-201301 http://eproc.hpcl.co.in:88 www.c1india.com

Date of auction

Date of Auction :

Sealed Bid Auction : Reverse Auction :

Documents attached

1) business rules for reverse auction (annexure–i) 2) terms & conditions of reverse auction (annexure–ii) 3) item description (annexure – iii) 4) process compliance statement (annexure – iv) 5) post ra price confirmation (annexure – v) 6) contact information (annexure – vi)

TENDER NO. – 44LK-5100-ER-020001-061



ANNEXURE - I

Business Rules for Reverse Auction

HPCL - Mumbai Refinery proposes to finalize the order on vendor/s on lowest bid basis for Above Ground and Under Ground Piping for MUMBAI REFINERY through reverse auction mode. HPCL has made arrangements with M/s C1 India, Delhi, who shall be HPCL’s authorized service provider for the same. Please go through the guidelines given below and submit your acceptance to the same.

1. Online reverse auction shall be conducted by C1 India From its Delhi office, on a pre-

specified date, while the vendors shall be quoting from their own offices / place of their choice.

2. Internet connectivity shall have to be ensured by each agency themselves. In extreme

case of failure of Internet connectivity, (due to unforeseen circumstances, excluding power failure), fax communication shall have to be made immediately for the request to extend the auction close time, however the fax shall reach C1 India before the auction close time. Fax to be sent to Ms.Mansi Kumar (Fax No.: 011- ). HPCL/ M/s C1 India may decide to extend the bidding time, at their discretion, but not as your right.

M/s C1 India shall arrange to demonstrate / train your nominated person(s), without any cost to you. They shall also explain you all the Rules related to the Reverse Auction / Business Rules Document to be adopted along with bid manual (which is available on the website – http://eproc.hpcl.co.in:88 .You are required to give your compliance on it before start of bid process.

3. The Bid Amount of the bidder for the Sealed Bid and for the Reverse Auction shall be the

Net evaluated Cost in terms of Instructions to Bidders. 4. Start Bid Price shall be determined on the basis of the lowest off all offer received during Dynamic Sealed Bid or company estimate whichever is lower.

5. Prices of various bidders including lowest bidder shall get established only at the

conclusion of Reverse Auction event. 6. Procedure of Reverse Auctioning

Auction shall be in two parts- i) Dynamic Sealed Bid

ii) English Reverse (no ties) {Reverse Auction}.

i. Dynamic Sealed Bid, The Sealed Bid submission shall be open for a duration of 30 minutes, so that all the participating bidders can enter their data correctly. In this type of Auction, Vendors shall be allowed to quote / revise the Price till the completion of the duration of the Dynamic Sealed Bid before the expiry of the duration of the Sealed Bid. All the participating Bidders must submit at least one Bid during the Dynamic Sealed Bid process. The bidders will be allowed to submit any number of bids till the completion of the duration of the Dynamic Sealed Bid. The last bid submitted by any bidder before the conclusion of the Dynamic Sealed Bid will be taken as the final bid for determining the Start Bid Price for the Reverse Auction. Bidders will not be able to see the Bids of other Bidders as well as the Lowest Bid for Item. The Dynamic Sealed Bid is only for determining the Start Bid Price for the Reverse Auction, and not for the purpose of determining the lowest bidder.

ii. It is Mandatory for Bidders to upload/ Fax Annexure-III, duly signed and stamped (Scan

Copy) during the Online Sealed Bid Auction.

TENDER NO. – 44LK-5100-ER-020001-061



However, the Prices (if any, submitted during the Reverse Auction process) shall supercede the Prices quoted by the bidders during the Dynamic Sealed Bid and shall be considered as the FINAL offer of the bidder.

The Bid Percentage quoted should be read in conjunction with the terms & condition

mentioned in the tender. iii. English Reverse (no ties) {Reverse Auction}: C1 India will display Opening Price or

Start Bid Percentage (SBP), which shall be visible to the all vendors at the start of the Reverse Auction. Bidders shall be required to start bidding now from this Start Bid Rate / Opening Price.

iv. The bid decrement Percentage shall be specified by HPCL before start of Reverse

Auction. The bidder can bid lower than the prevailing Lowest Bid of them item at any time during the auction by one decrement or multiples of the Bid decrement.

v. After the completion of English Reverse (no ties), all participating bidders shall submit

the last bid amount thru fax duly signed and stamped on the companies letter head to HPCL (Fax No.).

vi. The Closing Price offered by the bidders at the conclusion of the Reverse Auction shall

be kept valid for a minimum period of One Month from the date of the Reverse Auction. 7. Successful bidder / vendor shall be required to submit the final prices as per Annexure V,

given below, quoted during the English Reverse (no ties) in HPCL Price Format after the completion of Auction to HPCL, duly signed and stamped as token of acceptance without any new condition other than those already agreed to before start of auction.

8. English Reverse (no ties) Auction shall be for a period of 60 minutes. If a bidder places a Bid in the last 5 minutes of Closing of the Auction, the auction shall get extended automatically for another 5 minutes. In case, there is no Bid in the last 5 minutes of closing of Auction, the Auction shall get closed automatically without any extension.

9. During English Reverse (no ties), if no bid is received within the specified time, JE/HPCL, at its discretion, may decide to revise Sealed Bid price and start the Reverse Auction once again / scrap the reverse auction process / proceed with conventional mode of tendering (opening of Priced bids submitted by you along with your un -priced bids).

Your bid will be taken as an offer to carry out the job. Bids once made by you, can not be cancelled / withdrawn and you shall be bound to carry out the job as mentioned above at your final bid price, and as per the specifications mentioned in the tender. Should you back out and not make the supplies as per the rates quoted, or in case the work executed by the vendor is not as per specifications mentioned in the tender, HPCL shall take appropriate action as per the terms & conditions mentioned in Tender.

10. You shall be assigned a Unique User Name & Password. You are advised to change the Password and edit the information in the Registration Page after the receipt of initial Password to ensure confidentiality. All bids made from the Login ID given to you will be deemed to have been made by your Company.

11. You shall be able to view the following on your screen along with the necessary fields in the English Reverse (no ties) { Reverse Auction} :

(a) Leading Bid in the Auction (b) Bid Placed by you (c) Start Bid Price. (d) Time Remaining

12. At the end of the Reverse Auction, JE/HPCL will decide the successful bidder, basis lowest delivered cost. JE/HPCL’s decision on award of Contract shall be final and binding on all the Bidders.

TENDER NO. – 44LK-5100-ER-020001-061



13. HPCL shall be at liberty to call the lowest bidder for negotiations / cancel the reverse auction process / tender at any time, before ordering, without assigning any reason.

14. HPCL and C1 India shall not have any liability to bidders for any interruption or delay in access to the site irrespective of the cause.

15. All other terms and conditions and specifications shall be as per the tender and other correspondences till date.

16. In case a PO is placed on you, it will be placed as per the loading factors advised to you without any changes.

17. You are required to submit your acceptance to the terms / conditions / modalities given above before participating in the reverse auction.

TENDER NO. – 44LK-5100-ER-020001-061



Annexure - II Terms & Conditions of Reverse Auction

1. OTHER TERMS & CONDITIONS: - The Bidder shall not involve himself or any of his representatives in Price

manipulation of any kind directly or indirectly by communicating with other suppliers / bidders.

- The Bidder shall not divulge either his Bids or any other exclusive details of HPCL to any other party.

- HPCL’s decision on award of Contract shall be final and binding on all the Bidders. - HPCL along with C1 India can decide to extend, reschedule or cancel any Auction.

If any changes are made by HPCL and / or C1 India after the first posting and the Bidder continues to access the site after that time, it shall be presumed that the bidder has accepted the changes.

- HPCL & C1 India shall not have any liability to Bidders for any interruption or delay in access to the site irrespective of the cause. The internet connectivity of the bidder shall be the sole responsibility of the bidder

- HPCL & C1 India shall not be responsible for any damages, consequential damages, including systems problems, inability to use the system, loss of electronic information, internet connectivity etc.of the bidder. N.B.

- All the Bidders are required to submit the Agreement Form (Annexure - IV) duly signed to C1 India Pvt. Ltd. After the receipt of the Agreement Form, Log in ID & Password shall be allotted to the participating bidders.

- After the completion of the Auction event, all the Bidders have to submit the final offered Price in the format as per Annexure – V, immediately to HPCL for further proceedings. The unit prices quoted by the bidders during the Dynamic Sealed Bid shall be prorated as per the final bid prices.

- Print Screen for successfully submitted bids shall be attached by the bidder along with the final price confirmation Annexure V after the completion of the Reverse Auction from the Bid History link/ section available in the application.

TENDER NO. – 44LK-5100-ER-020001-061



Annexure- III

ITEM DESCRIPTION

Tender No. : Sub:.

S.No Item Description Total Percentage 1.

TENDER NO. – 44LK-5100-ER-020001-061



Annexure- IV

Process Compliance Form (The bidders are required to print this on their company’s letter head sign & stamp before faxing)

To C1 India Pvt. Ltd., C -104, Sector – 2, Noida-201301.

Sub : Agreement to the Process related Terms and Conditions Dear Sir, This has reference to the Terms & Conditions for the Reverse Auction mentioned in the Business Rules for HPCL – Mumbai Refinery Tender no.,. This letter is to confirm that:

1) The undersigned is authorized representative of the company. 2) We have studied the Terms & Conditions mentioned in the Business rules governing the

Reverse Auction as mentioned in your letter and confirm our acceptance of the same.

3) We also confirm that we have undergone the training on the auction tool and have understood the functionality of the same thoroughly.

We, hereby confirm that we will honour the Bids placed by us during the auction process. With regards, Signature with company seal Name – Company / Organization – Designation within Company / Organization – E mail id :

- Sign this document and Fax at 0120-4746810

TENDER NO. – 44LK-5100-ER-020001-061



Annexure V Post RA Price Confirmation

(Bidders are required to print this on their company’s letter head sign & stamp before faxing) To, The DGM…., Mumbai Refinery (HPCL), Mumbai

Sub: Final price quoted during reverse auction.

Dear Sir, We confirm that we have quoted the below mentioned rates as our final item-wise delivered cost during the Reverse Auction conducted today for Tender no.: S.No Item Description Total Percentage 1.

This offer is valid for a period of One Month from the date of this declaration.

We agree to provide the breakup of the net delivered cost in line with format for quoting provided by HPCL in their tender document. In case of the order being placed on us, we agree to execute the same as per the Terms & Conditions and Specifications mentioned in Tender……...

Thanking you,

Yours sincerely, _________________ Name : Designation : Company : Date : Seal :

TENDER NO. – 44LK-5100-ER-020001-061



Annexure VI

CONTACT INFORMATION

C1 INDIA PVT. LTD. OM NIVAS, PLOT NO.26, BLOCK A, GROUND FLOOR, TARUN BHARAT SOCIETY, CHAKALA, ANDHERI (EAST), MUMBAI – 400099. INDIA Telephone : 022 32444300 Contact Person : Mansi Kumar: 09971964343 Landline: 0120-4746800 Extn.-122 E-MAIL:

[email protected]

Mr. S.K. Patil Manager-Purchase Materials Dept Mumbai Refinery Hindustan Petroleum Corporation Ltd. Ph 022-25076828 / 25076805 Fax: 022-25077201/25541054 HINDUSTAN PETROLEUM CORPORATION LTD. Refinery Division, B D Patil Marg, Mahul Mumbai 400 0 74

TENDER NO. – 44LK-5100-ER-020001-061



E-mandate Payment Form

Appendix B

Tender No.: TENDER NO. 44LK5100 – ER.62 – 0001 – 061

Date : Hindustan Petroleum Corpn. Ltd. Mumbai Refinery, Project finance Dept., PO Box no. 18820, B.D.Patil Marg, Mahul, Mumbai – 400074

Attn. : Mr. S K Mishra

Dear Madam, The following is a confirmation / updation of my bank account details and I hereby affirm my / our choice to opt for payment of amounts due to me under various contracts through electronic mode. I understand that Hindustan Petroleum corporation Ltd. Also reserves the right to send the payment due to me by a cheque / Demand Draft / electronic mode or through a banker. A. Supplier / Contractor Details

1. Supplier / Contractor Name : 2. Supplier / Contractor Code : 3. Address ( Including Pin Code ) : 4. Controlling Office Name / SBU : Mumbai Refinery 5. P.A. No. : 6. E-mail ID : B. Particulars of Bank Account

1. Bank Name 2. Branch Name / Branch Code 3. Branch Address (Including PIN Code) 4. 9 Digit MICR No. of bank and branch as appearing on the cheque 5. Account type ( Saving / Cash credit / current ) 6. Account Number ( as appearing on Cheque book ) 7. IFCS code of the Branch ( for RTGS) 8. IFCS code of the Branch ( for NEFT )

TENDER NO. – 44LK-5100-ER-020001-061



I hereby confirm that the particulars given above are correct and complete and also undertake to promptly advise any changes to the above details to HPCL. If the transaction is delayed or not effected for reason of incomplete or incorrect information or banking delays, I shall not hold Hindustan Petroleum Corporation Ltd. Responsible. I also agree for printing of the bank details on the cheque or DD of the payment id affected by cheque / DD. ---------------------------------------------------------

Name (in Capitals) of supplier / contractor

Authorised Signatory

Official rubber Stamp

Note : 1. Bank details to be confirmed by the bankers. Such confirmation shall be duly signed by the bankers. 2. Please enclose cancelled / photocopy of a cheque.

FORM - A

FORM OF BID (To be filled by the Bidder)

Serial No. Date: From To Hindustan Petroleum Corporation Ltd. Project Department Mumbai Refinery Mumbai Dear Sirs, Having examined the Bid Documents consisting of the Letter Inviting Tender, Instructions to Bidders, General Purchase Conditions, Agreed Commercial Terms and Conditions, Specifications, Standards, Technical requirements, Time Schedule, Form of Bid, Form of Price Schedule and Addendum to the Tender Documents, if any, and having understood the provisions of the said Tender Documents and having thoroughly studied the requirements of Hindustan Petroleum Corporation Ltd. relative to the work bid for in connection with the Diesel Hydrotreating Project at Mumbai Refinery. I/we hereby submit our bid/offer for the performance of the proposed services and supplies in accordance with the terms and conditions and within the time mentioned in the Tender Documents at the lumpsum price to be quoted by me/us if and when required by Hindustan Petroleum Corporation Ltd. in the Form of Price Schedule(s) included within the Tender Documents and arrived at a lumpsum price for the services, supplies, transportation to site, fabrication, supervision of erection, pre-commissioning, commissioning, carrying out performance guarantee runs as per the Price Schedule. If the work is awarded to me/us, I/we undertake to perform the work and make the supplies in accordance with the Tender Documents.

I/ We further undertake to keep my/our this Bid/offer open for a period of not less than 4 Months from the date of opening of Bids specified in the Instruction to Bidders forming part of the Tender documents.

I/We have annexed to this Bid the following documents:

(i) Original Power of Attorney or other proof of authority of the person who has signed the Bid or Copy of Power of Attorney or other authority duly certified by a Gazetted Officer or a Notary Public in proof of authority of the person who has signed the Bid:

(ii) Information Regarding Bidder in the form annexed to the Form of Bid(Annexure-I). (iii) Hard copy of the Techno – Commercial documents, as issued duly signed along

with one set of the CDs (duly signed) and the Master Index duly signed and stamped on each page.

(iv) Any additional documents as listed below: ………………………………………………………………………………………………………………………………………………………………………………………………

05_tend_form.doc

…………………………………………………………………………………………………………………………………………

I/We hereby undertake that the statements made herein and the information given in the Annexures referred to above are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular, the same may be construed to be a misrepresentation entitling Hindustan Petroleum Corporation Ltd. to avoid or terminate any resultant Contract.

I/We further undertake as and when called upon by Hindustan Petroleum Corporation Ltd. to produce for its inspection, original(s) of the documents(s) of which copies have been annexed hereto.

Yours faithfully,

(Signature(s) of the Bidders(s))

Name & Designation of authorised person signing the Bid on behalf of the Bidder(s) Full Name and address of the Bidder(s)

05_tend_form.doc

ANNEXURE-I TO FORM OF BID

INFORMATION ABOUT BIDDER

(To be furnished with Tender)

1.0 In Case of Individuals. 1.1 Name of Business 1.2 Whether his business is registered 1.3 Date of commencement of business 1.4 Whether he pays Income Tax over Rs. 1,00,000/- per year. 2.0 In case of Partnership. 2.1 Name of partners 2.2 Whether the partnership is registered 2.3 Date of establishment of firm 2.4 If any of the partners of the firm pays Income Tax over

Rs. 1,00,000/- per year, State which of them pays the same. 3.0 In case of Limited Liability Company or Company Limited by Guarantee 3.1 Amount of paid up capital 3.2 Name of Directors 3.3 Date of the Registration of Company 3.4 Copies of the Balance Sheet of the

Company of the last 3 (Three) years

(Signature of the Bidder) Name and address of the Bidder

\\Nmumfil01\project\WIP\4401-5100\4401-5100_Procurement\EPCM Tender\Site contracts\Above ground & Underground Piping Works\Commercial Word Files\1_3_PROPOSAL FORM_Tender-2.doc

FORM – C

FORMAT OF LETTER OF WAIVER OF CONDITIONS / DEVIATIONS ON COMPANY LETTER HEAD

BRIEF SCOPE OF WORK : ABOVEGROUND & UNDERGROUND PIPING WORKS for

Diesel Hydrotreating Project of M/s. Hindustan Petroleum Corporation Limited at Mumbai Refinery

TENDER NO : 44LK-5100-ER-620001-061 We _________________(Name of the Bidder) hereby agree to fully comply with, abide and accept without variation, deviation or reservation all technical, commercial and other conditions whatsoever of the Bidding documents and all Addenda/ Corrigenda/ Amendments/ Clarifications issued by Hindustan Petroleum Corporation Limited. We further hereby waive, withdraw and abandon any and all deviations, variations, objections or reservations whatsoever hereto set out, given or indicated in our offer, clarifications, correspondence, communications or otherwise with a view that the final price bid submitted may be treated to conform in all respects, with the terms and conditions of the said Tender documents including all Addenda/ Corrigenda/ Amendments. We further hereby confirm that the currencies of price quoted in the price bid are as per the provisions of the Bidding documents and there is no deviation to the provisions in the final price bid.

** For and on behalf of

Date:______ Authorised signatory ** The letter of Waiver must be signed by the person(s) authorized to sign.


FORM – D

BRIEF SCOPE OF WORK : ABOVEGROUND & UNDERGROUND PIPING WORKS for Diesel Hydrotreating Project of M/s. Hindustan Petroleum Corporation Limited at Mumbai Refinery

TENDER NO : 44LK-5100-ER-620001-061

EXCEPTIONS AND DEVIATIONS

TENDER DOCUMENT REFERENCE S. NO. PART NO. PAGE NO. CLAUSE

NO.

SUBJECT DEVIATION

NOTE: 1. If unavoidable, Bidder may stipulate deviations to the requirements of the Bid

document only in this format

2. Bidder shall furnish Technical and commercial deviations, if any, separately. 3. Any deviations stated elsewhere in the bid shall not be taken into account and

may render the bid non-responsive and liable to be rejected.

STAMP & SIGNATURE OF BIDDER : ___________________________ NAME OF BIDDER : ___________________________

DATE :


FORM – E

BQC FORM

BID QUALIFICATION CRITERIA (BQC)

ABOVEGROUND & UNDERGROUND PIPING WORKS

Tender No. : 44LK-5100- ER-620001 - 061 Bidder to submit following information SEPARATELY FOR EACH COMPLETED WORK REFERRED:

Sr.

No. Description Similar works Ref. 1, 2 etc.

Name of Owner

a) Name and address of Owner’s contact person

1.

b) Telephone and Fax No.

Name of Engineering Consultant (if any)

a) Name and address of Consultant’s contact person

2.

b) Telephone and Fax No.

a) Date / month / year of award / Commencement of Work

b) Date / month / year of scheduled Completion of the Work

3.

c) Date / month / year of actual completion of Work

4. Basis of work Main Contractor / sub contractor

5. Details of work carried outside your own country (if any)

6. Whether document submitted in support viz.

a) Copies of work order

b) Completion certificates identifying the

scope of work for ascertaining PQC

7. Health and Safety Total No. Of accidents / loss time accidents

Page 1 of 2


FORM – E

BQC FORM

BID QUALIFICATION CRITERIA (BQC)

Tender No. : 44LK-5100- ER-620001-061 2. ANNUAL TURNOVER 1) 2009– 2010 INR ________________ 2) 2008 – 2009 INR ________________ 3) 2007 – 2008 INR ________________ (Please submit copies of Audited Balance sheets) Whether copies of balance sheet and annual turnover statements for the above three financial

years submitted: YES / NO

Note 1. Bidder shall furnish the experience details as above of similar works, which

they consider suitable for their pre-qualification. OWNER / JACOBS reserve the right not to evaluate any other project details.

2. Bidder to note that BQC Form shall be filled as per the Proforma as stated,

along with copies of work order and completion certificates. 3. Bidder to note that non-submission of relevant supporting documents may lead

to rejection of their PQ Bid. It is to be ensured that all relevant supporting documents shall be submitted along with the bid in the first instance itself. Pre-qualification may be completed based on the details so furnished without any subsequent additional information.

Page 2 of 2

DHT PROJECT

OF


AT

MUMBAI

SECTION. 1.4

EXHIBITS

1.4.1 Submission Form A- HSE Requirment For Contractor

Page 1 of 24

SUBMISSION FORM A

HEALTH, SAFETY, AND ENVIRONMENT REQUIREMENTS

FOR CONTRACTORS

DOCUMENT NO.: NIL

PREVIOUS DOCUMENT NO. : NIL

Rev. No. Issue Date Pages Rev. Description Prepared By

Checked By

Approved By

0

6 September 2005 24

Issue for Use

SGR AGG TBP


JACOBS ENGINEERING INDIA PRIVATE LTD

DATE : 6th

September 2005

HSE REQUIREMENTS FOR CONTRACTORS PAGE : 2 OF 24 REVISION NO.: 0

Table of Contents

1.0 CONTRACTORS Health, Safety and Environment Requirements ..................................................3 2.0 Definitions .........................................................................................................................................3 3.0 Documentation and Reporting Requirements ..................................................................................3 4.0 HSE Training/Communication Requirements...................................................................................3 5.0 Basic HSE Requirements .................................................................................................................3 6.0 Certification, Inspections, and Regulatory Agency Permits..............................................................3 7.0 Hazardous Chemicals.......................................................................................................................3 8.0 Respiratory Protection ......................................................................................................................3 9.0 HSE Surveys ....................................................................................................................................3 10.0 Planning and Observation Procedures.............................................................................................3 11.0 Accident/Incident Investigation .........................................................................................................3 12.0 Drugs, Alcohol, and Contraband ......................................................................................................3 13.0 Medical And Exposure Monitoring....................................................................................................3 14.0 Imminent Danger Situations .............................................................................................................3 15.0 HSE Adherence Policy .....................................................................................................................3 16.0 Exhibits .............................................................................................................................................3

Exhibit 1 — Contractor HSE Data Form..............................................................................................3

Exhibit 2— Monthly Contractor HSE Statistics Report......................................................................3

Exhibit 3 — Notice of HSE Non-Compliance......................................................................................3

Exhibit 4 — Warning Letter for HSE Non-Compliance......................................................................3

Exhibit 5 — Written Notice of Temporary Job Suspension ..............................................................3

Exhibit 6 — Safe Plan of Action............................................................................................................3

Exhibit 8 — Accident/Incident Investigation Report...........................................................................3

Exhibit 10 — First Aid Register.............................................................................................................3



DATE : 6th

September 2005


1.0 CONTRACTORS HEALTH, SAFETY AND ENVIRONMENT REQUIREMENTS

It is the policy of Jacobs, to select, contract with, and oversee contractors with the same priority and emphasis on Health, Safety and Environment (HSE) protection as we practice for our own employees. It is a contractual requirement that contractors comply with all applicable OWNER, State, and Government health, safety, and environmental regulations. This Attachment specifies Jacobs HSE requirements that may exceed prevailing Government standards or the contractors’ normal HSE procedures. Jacobs is responsible for reviewing and implementing the HSE requirements. Contractors are also responsible for ensuring that their lower tier contractors review and implement these HSE requirements.

2.0 DEFINITIONS

Accident/Incident An unplanned, undesirable event that disrupts work activity.

Consultant – Jacobs

Jacobs Engineering Group or the Jacobs operating group or subsidiary company named in this contract in which these Contractor HSE requirements are incorporated.

OWNER Means authorized representatives/ nominees and / or its successors, or permitted assigns.

Contractor Person, Firm or Corporation to whom the work will be awarded by the Owner.

Safe Plan of Action (SPA)

A task-specific planning document used to help ensure that every task receives proper HSE assessment and planning. Also referred to as a Job Safety Analysis (JSA) in some locations.

Site/Project Manager

The highest-ranking Jacobs/OWNER representative whose regular work location/office is at the project site.

Task Safety Awareness (TSA)

A review of the SPA among the crew and supervisor to discuss and resolve any HSE issues before work is continued, when there has been a break in the work schedule, change in work conditions, change in crew, etc.

Work The total of the Contractor’s responsibilities as set forth in the contract Documents.

3.0 DOCUMENTATION AND REPORTING REQUIREMENTS

3.1. Before mobilizing to the project, the contractor and its lower-tier contractors shall forward to Jacobs/OWNER a copy of their company’s HSE Program.

3.2. Contractors must submit the information required by Exhibit 1, Contractor HSE Data Form, before award of contract, unless specifically exempted from this provision by the OWNER.

3.3. A project-specific HSE Emergency Response Action Plan or, in the case of hazardous waste operations, must be generated by each Contractor mobilizing on the project plan in accordance with Jacobs, OWNER, State, and government requirements.

3.4. If the project is regulated as a hazardous waste or emergency response operation, the Contractor has the choice of adopting the site Heath and Safety Plan (HSP) or developing a similar plan that is, at a minimum, equally protective and compliant. Contractor site personnel shall read and acknowledge by signature that they will comply with the applicable HSP.

3.5. Contractors are responsible for maintaining a First Aid Register (Exhibit 10) for all employee injuries and illness reported on the project.

3.6. Contractors must immediately inform Jacobs/ OWNER of any Governmental or other HSE regulatory agencies’ inspections or other actions involving the contractor’s work.

3.7. Contractor employees must promptly report all potentially work-related incidents, injuries, or illnesses to their Supervisor or their Site HSE Representative.



DATE : 6th

September 2005


3.8. Contractor must promptly report all potentially work-related incidents, injuries, or illnesses to Jacobs/ OWNER.

3.9. Injuries, illnesses, or any incident involving a third party or a member of the general public must be promptly reported to Jacobs/ OWNER.

3.10. Incidents involving potential exposures to hazardous materials and releases or spills of such materials must be promptly reported to Jacobs/ OWNER.

3.11. Accident investigation reports for all accidents, injuries, and work-related illnesses shall be forwarded to Jacobs/ OWNER within twenty-four hours of the occurrence.

3.12. Contractor employees are required to participate in documented, daily task-specific Safe Plans of Action (Exhibit 6) and regular Safety Observation Reports (Exhibit 7).

3.13. Contractors will conduct weekly HSE meetings, and signed copies of the meeting reports shall be made available to Jacobs/ OWNER.

3.14. Contractors shall complete the Monthly Contractors Accident Statistics Report (Exhibit 2) for each month in which they conduct work on the project. These reports are due to Jacobs/ OWNER by the first business day of the month for the proceeding month.

4.0 HSE TRAINING/COMMUNICATION REQUIREMENTS

4.1. Contract employees must complete HSE training required by OWNER and Government HSE requirements. Such training may include, but is not limited to, a site-specific orientation and quiz provided by Jacobs/ OWNER Safety Training for Supervisory Personnel, and ergonomics training. Documentation of all HSE training shall be maintained at the project site by the Contractor and provided to Jacobs/ OWNER upon request.

4.2. Contractors must certify that all operators of mobile equipment such as forklifts, cranes, boom lifts, buses, etc., have been trained and/or certified on the proper operation of the equipment. Copies of this training and certification shall be maintained on the project site by the Contractor and forwarded to Jacobs/ OWNER upon request. Mobile crane operators must be qualified on each specific crane (type & rating) that they are assigned to operate through a testing and qualification procedure recognized by Jacobs/ OWNER.

4.3. Contractors must establish a prompt and effective method of providing HSE communications such as HSE alerts, advisories, bulletins, regulatory updates, etc., to all site employees.

5.0 BASIC HSE REQUIREMENTS

The following HSE rules list Jacobs/ OWNER fundamental requirements for construction activities. When there are multiple rules that may apply, the most stringent OWNER, State, or Government HSE regulations that govern the work shall be followed. 5.1. Contractor shall appoint an on-site HSE representative, who will attend regular Jacobs/

OWNER HSE meetings and be responsible for implementation of the rules listed below, as well as other HSE rules determined, to be necessary for the safe execution of the project. Contractors employing __ or more workers must provide a full-time site HSE professional. Additional site HSE personnel are required for each additional ___ workers thereafter. Jacobs/ OWNER shall determine appropriate qualifications for Contractor HSE personnel, based on project demands.

5.2. Hard hats shall be worn at all times where overhead hazards exist (e.g. construction, environmental operations, operations or maintenance environment), regardless of the workers activities. This includes welders when using welding hoods.

5.3. Shirts with sleeves shall be worn at all times. Loose or frayed clothing, loose or hanging long hair, ties, rings, body jewelry, etc. shall not be worn around moving machinery or other areas where they may become tangled.

5.4. Hearing protection shall be worn when exposures exceed 85 DBA.

5.5. Hard-toe footwear shall be worn by all workers when in the construction environment or in areas where there is a danger of foot injuries due to falling, rolling, or piercing objects or when employee’s feet are exposed to electrical hazards.



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5.6. Safety glasses with rigid side shields shall be worn at all times when in the construction environment and in any area where eye hazards exist. This includes under welding hoods and for workers with prescription eyewear. Safety goggles must be worn over non-safety prescription eyewear.

5.7. Face shields must be worn in addition to safety glasses when grinding, chipping, jack hammering, and power sawing or when conducting other tasks that involve such face and/or eye hazards.

5.8. Gloves, appropriate for the hazard present, shall be worn when hands are exposed to absorption of harmful substances, cuts, abrasions, punctures, biological hazards, chemical burns, thermal burns, or harmful temperature extremes.

5.9. Contractor shall comply with the Jacobs 100% Fall Protection Policy. This policy states that “Anytime employees are working from an unprotected elevation of six feet or more, fall protection must be used.” Working as stated above means while traveling, stationary, or at anytime exposed to a fall from a surface not protected by approved handrails, guardrails or some other approved fall elimination device. Jacobs prohibits the use of positioning devices as the sole means of fall protection when working above six feet.

5.10. The use of “passive” systems, such as safety nets, monitoring systems, or controlled access zones, as the sole means of fall protection when working above six feet, is prohibited. Jacobs prohibits the use of safety nets as an independent means of fall protection.

5.11. Workers in mechanical lifts, including scissor lifts, boom trucks, suspended or supported personnel baskets, articulating lifts, and other similar devices must use fall protection and arresting equipment at all times. Such devices shall not be used as elevators to simply transport workers to different work locations.

5.12. All portable ladders must be clearly marked with the ladder owner’s name.

5.13. The safest means of worker access for overhead work (e.g., rolling scaffolds, mechanical lifts, platform ladders, etc.) shall be considered as alternatives to the use of portable ladders. If ladders are used, then the top of all straight and extension ladders shall be tied to a substantial anchor point before use; a second worker must hold the ladder until the tie-off is secure. And, if a worker’s feet are on or above the fifth rung of a stepladder, the top of the ladder must be tied to a substantial anchor or a second worker must hold the ladder throughout the task.

5.14. When ascending or descending a portable ladder, three-point contact is considered acceptable fall protection for fall exposures of less than 20 feet. When potential fall exposure exceeds 20 feet, personnel on ladders must be protected with a personal fall arrest system.

5.15. Decking sections shall be laid tightly and immediately secured upon placement to prevent accidental movement. During initial placement, decking sections shall be placed in such a manner to ensure full support by structural members and each piece shall be individually secured. Pre-installation or shake-out of multiple sections of decking using temporary methods of attachment, such as tack welding, is not allowed. The use of controlled decking zones is not allowed.

5.16. Equipment and tools shall not be altered in any way to adapt it for a job for which the manufacturer does not intend it. The manufacturer of the equipment must approve any such adaptations or alterations to equipment in writing. Only trained and authorized persons shall operate machinery or equipment.

5.17. All hand-held power tools must be equipped with constant pressure switches that will automatically shut off power when the pressure (worker’s hand) is removed. Hand-held power tools with on/off or lock-on switches are not allowed.

5.18. Ground Fault Circuit Interrupters shall be used to protect all temporary electrical wiring and cord sets. The use of assured grounding (quarterly equipment inspections) in lieu of GFCIs is not an option.



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5.19. Lock-out/tag-out procedures shall be followed to minimize the potential exposure of workers to hazardous energy. Hazardous pipelines or vessels will be isolated by using a double block and bleed system or by blanking. Every effort must be made to de-energize electrical equipment to be worked on and other electrical equipment in the area that may affect the work. If the equipment cannot be isolated or de-energized, written approval must be obtained from Jacobs/ OWNER before work proceeds. Only “Qualified Electricians” may work on energized or potentially energized circuits. Jacobs considers equipment rated at 480 volts and above as “high voltage.”

5.20. Confined space entry work must follow a documented hazard assessment and safe work planning process, which must be submitted to Jacobs/ OWNER for review prior to entry.

5.21. High-visibility reflective safety vests must be worn by all personnel, who work on or near active roads, or during nights. Vests are also required for other work that places personnel, such as flaggers, riggers, survey crews, etc., near to vehicular movement.

5.22. Motor vehicles and mobile equipment shall never be left running without an operator at the controls. Proper use of seatbelts by all occupants is mandatory. Motor vehicle operators are prohibited from using a mobile phone or two-way radio. This applies to both hands-free and non-hands-free devices. If the use of such a device by the motor vehicle operator is necessary, it is only allowed when the motor vehicle is stationary and in a safe location off the roadway. If required by the Contractor, the use of two-way radios is allowed, provided that written approval from the OWNER is obtained and only while on a project–defined location or within a OWNER facility.

5.23. Mobile crane lifts of over 50 tons, exceeding 85% of the crane’s capacity, involving more than one crane, lifting a non-rigid object, or lifts over active work areas or public property are considered “critical lifts” and require written approval from Jacobs/ OWNER.

5.24. All outriggers on mobile cranes must be fully extended and fully deployed when the crane is used to lift or support a load. If, due to configuration or physical location, all outriggers cannot be fully deployed, calculations must be made from the “on-rubber” section of the load chart. On-rubber lifts and pick-and-carry operations require Jacobs/ OWNER Site Manager’s written approval.

5.25. Anti two-block devices that automatically disengage crane hoist/boom functions when the hook or block approaches the jib or boom tip are required on all cranes.

5.26. Jacobs strictly prohibits multiple lift rigging (Christmas tree lifts).

5.27. Smoking is allowed only in designated smoking areas that have been approved by OWNER.

6.0 CERTIFICATION, INSPECTIONS, AND REGULATORY AGENCY PERMITS

6.1. Certain operations may require a OWNER and/or Jacobs permit. Such activities may include but are not limited to hot work, confined space/vessel entry, excavations, asbestos abatement, lead abatement, etc. The Contractor representative shall ask OWNER whether any parts of the Contractor’s activities require a OWNER and/or owner permit.

6.2. Competent Person shall make a thorough annual inspection of all cranes and powered hoisting equipment. Cranes assembled on site shall receive an annual inspection prior to being put into service. Documentation of all crane inspections shall be provided to Jacobs and must be maintained on site by the Contractor.

6.3. All scaffolding must be inspected and tagged by a Competent Person stating safe or unsafe prior to initial use, before each work shift, and after any event that could affect its structural integrity. Untagged scaffolds must not be used.

7.0 HAZARDOUS CHEMICALS

7.1. Contractors shall include planning for environmental compliance in the preparation of their HSP or HSE Action Plan. Issues to be considered include but are not limited to release reporting, air permits, water permits, asbestos/lead permits or notifications, hazardous waste generation and related disposal procedures, spill mitigation and clean up methods, etc.

7.2. Contractor shall have a written Hazard Communication Program and comply with the requirements of that program. A copy of the program shall be forwarded to Jacobs/ OWNER prior to mobilization and a copy shall be in the possession of the Contractor on the site.



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7.3. Any potentially hazardous material or chemical brought onto the site shall be accompanied by a Material Safety Data Sheet (MSDS). Copies of MSDSs shall be forwarded to Jacobs/ OWNER before the product is brought on to the site. Some sites, such as government regulated facilities, do not permit the use of chemicals that are not on a pre-approved list.

7.4. Small quantities (less than 10 gallons) of hazardous liquids, such as gasoline, diesel fuels, and solvents, brought onto the site shall be stored in a properly labeled safety container with a flame arrestor and self-closing lid.

7.5. The OWNER shall be notified before any chemical or material is used that could create foul smelling, noxious, or toxic vapors or gasses.

7.6. All accidents involving exposure to potentially hazardous materials and hazardous material releases must be immediately reported to Jacobs/ OWNER. It is important to report all releases or exposures even though the incident may be considered minor or no adverse health effects or symptoms are apparent at the time.

8.0 RESPIRATORY PROTECTION

Contractors, who plan to use respirators as a part of their work operations, are required to forward to Jacobs/ OWNER a copy of their written Respiratory Protection Program.

9.0 HSE SURVEYS

Jacobs/ OWNER and the Contractor HSE Department shall conduct periodic HSE surveys of the site. Any HSE discrepancy observed shall be reported to the appropriate Contractor representative for immediate correction. These HSE surveys do not relieve Contractor’s of their responsibility to self-inspect their work and equipment and to conduct their work in a safe and environmentally compliant manner.

10.0 PLANNING AND OBSERVATION PROCEDURES

In order to achieve Jacobs goal of Zero Incidents, the following shall be implemented by the Contractor. The SPA, the TSA, and the Safety Observation Report (SOR) process require each worker to receive on-the-job training from their direct Supervisor. Contractor employees shall also be trained and educated on their individual responsibilities contained in these tools by Jacobs/ OWNER after mobilization. 10.1. Safe Plan of Action

The Safe Plan of Action (SPA) is developed by the crew assigned to perform the work with guidance from their Supervisor. (See Exhibit 6.) The Supervisor identifies the work area and task to be performed and then leads the crew in developing a Safe Plan of Action.

Creating the SPA requires the Supervisor to solicit crew participation in identifying hazards and hazard control measures such as PPE, training requirement, permits, procedures, etc.

Members of the team are required to sign the SPA document to indicate their participation, their understanding of the plan, and their agreement to follow the plan.

10.2. Task Safety Awareness

The Task Safety Awareness (TSA) meeting is a daily HSE briefing associated with the task(s) that are scheduled for the crew during the work shift.

These meetings generally take from two to ten minutes and address the HSE measures specific to the tasks.

TSA meetings shall be conducted at least daily and whenever a task presents a change of hazards from the previous tasks.

10.3. Safety Observation Reports

The Safety Observation Report (SOR), Exhibit 7, is a proactive process designed to identify and document HSE-related acts and conditions in the work environment. All Contractor’s supervisors are required to participate in the Safety Observation Report process by generating written Safety Observation Reports and turning them in to Jacobs/ OWNER at least weekly.



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HSE REQUIREMENT FOR CONTRACTORS PAGE : 8 OF 24 REVISION NO.: 0

The Safety Observation Report allows any site worker to record observed proper or improper HSE practices and identifies the cause of any deficiencies so that corrective action can be taken.

11.0 ACCIDENT/INCIDENT INVESTIGATION

A formal accident investigation must be conducted when an accident occurs, including non-injury incidents, most first-aid type accidents, and environmental releases or spills. 11.1. In the event of a workplace accident, injury, or illness, the most important immediate actions

are to provide medical assistance to those who may need it and to ensure the safety of others that may be affected or acting as emergency responders.

11.2. Securing the accident scene is essential to ensure an effective accident investigation. No materials or equipment shall be moved made until a review of the accident is completed, except when securing equipment or materials that could result in further injury.

11.3. Obtain witnesses’ names, permanent addresses, and signed statements of their complete factual observations. (See Exhibit 9.)

11.4. All accident investigations must be documented using the Accident Investigation Report (Exhibit 8). All required reports should be completed and copies provided within 24 hours to the Jacobs/ OWNER.

12.0 DRUGS, ALCOHOL, AND CONTRABAND

Jacobs strictly prohibits the use, sale, attempted sale, manufacture, possession, distribution, cultivation, transfer, or dispensing of any illicit substance. Contractors shall implement a Drug, Alcohol, and Contraband Policy, including post incident testing, which meets the requirements of the Jacobs policy. Key elements of the Jacobs policy, except where prohibited by law, are:

• Pre-access/Pre-assignment testing current to within six months prior to initial assignment to work on the OWNER’s project.

• Post-incident testing of any worker involved in a project-related workplace incident that results, or could have resulted, in

• injury to any person requiring medical treatment beyond first aid,

• any type of medical attention given by a third-party medical services provider (hospital, clinic, doctor, etc.),

• a motor vehicle incident, or

• property damage. Post-incident testing must be conducted as soon as possible after the incident occurs.

• Reasonable suspicion testing upon reasonable suspicion by Contractor or Jacobs/ OWNER that a worker is under the influence of a prohibited substance. In such cases, worker(s) shall be immediately removed from the project and surrender their project credentials. Personnel so removed may only be allowed to return with a negative test result and written permission of the OWNER.

• Periodic random or unannounced testing for workers randomly selected or chosen by job classification or worksite. The percentage of the workforce, or the number of workers, selected for testing shall be specified on a project specific basis and stated in the project’s Hazard Assessment Safety Action Plan.

Possession or use of alcohol in a Contractor or OWNER provided vehicle is prohibited. Any worker whose drug or alcohol test is positive will be removed from the project and required to surrender their project credentials. Refusal to submit to drug or alcohol testing, or attempts to tamper with, adulterate, dilute, or otherwise tamper with a test sample will be treated the same as a positive test result. Contractor shall adopt collection, chain-of-custody, and other related procedures consistent with sound industry practice. The owner’s (OWNER’s) drug and alcohol testing requirements may be more stringent than the Contractor minimums. If so, the owner’s requirements shall be enforced.



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If Jacobs/ OWNER suspects that a worker is in possession of illegal drugs, alcohol, or contraband, Jacobs/ OWNER may request the individual to submit to a search of his or her person, personal effects, vehicles, lockers, and baggage. Jacobs/ OWNER may also conduct random searches of individuals entering or leaving the work site. Any suspected contraband will be confiscated and may be turned over to law enforcement, as appropriate. If an individual is asked to submit to a search and refuses, that individual will be considered insubordinate, will surrender their project credentials, will be escorted off the job, and will not be allowed to return. Jacobs/ OWNER shall have the right to review the Contractor’s Drug, Alcohol, and Contraband Policy and to audit the Contractor’s implementation of their program at the jobsite. Contractors shall comply with all applicable state, government and local alcohol and drug-related laws and regulations.

13.0 MEDICAL AND EXPOSURE MONITORING

Contractors involved with operations, such as those involving hazardous waste, asbestos or lead abatement, certain carcinogenic compounds, etc., shall describe their medical and exposure monitoring procedures and their proposed compliance methods in their HSE Action Plan or HSP. Employees involved in these operations shall receive training, prior to any fieldwork activity or exposure, the medical requirements of applicable regulations or standards, including, but not limited to, a baseline medical exam and periodic update exams, as required. Employee medical requirements and limitations shall be considered prior to the use of certain types of PPE, such as respirators.

14.0 IMMINENT DANGER SITUATIONS

Upon discovery of any situation that may, in the opinion of the OWNER, reasonably be expected to cause serious physical harm, illness, death, or significant environmental damage, Jacobs/ OWNER or HSE representative shall suspend the related work immediately. Work may resume only after the HSE concern(s) have been corrected, to the satisfaction of the OWNER. Examples of “imminent danger” situations may include, but are not limited to the following:

• Falls from elevations

• Excavations not properly sloped or shored

• Electrocution hazards

• Work activities posing injury hazards to the general public

• Operation of vehicles, machinery or heavy equipment in an unsafe manner

• Improper Lock Out/Tag Out procedures In addition to the immediate suspension of work, the procedure for correction of imminent danger situations follows the “HSE Adherence Policy” set forth below.

15.0 HSE ADHERENCE POLICY

Contractors are required to comply with the applicable HSE requirements and regulations. The procedures below outline a three-step, progressively administered system to correct compliance problems. However, if in the opinion of the OWNER, non-compliance issues are considered to be severe, Contractors’ contracts may be terminated at any time. 15.1. Action Level One

If a Contractor fails to comply with an applicable HSE standard, Jacobs will issue a written “Notice of HSE Non-Compliance” (Exhibit 3) to the Contractor’s site representative. OWNER will also forward a “Warning Letter for HSE Non-Compliance” (Exhibit 4) and a copy of the Notice of HSE Non-Compliance to the Contractor’s President or Operations Manager. Copies of these shall be forwarded to the Jacobs Site and Project Managers.



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15.2. Action Level Two

If item(s) of HSE non-compliance are not corrected by Action Level One, or if the Contractor repeatedly fails to comply with the applicable HSE regulations, Jacobs/ OWNER will issue a “Written Notice of Temporary Job Suspension” (Exhibit 5) to the Contractor. The Contractor’s work may not resume until, the proposed corrective actions by the Contractor which is acceptable to the OWNER. Actions that may be considered include, but are not limited to:

• Removal of certain Contractor personnel from the project,

• Alteration of the Contractor’s job procedures, or

• Implementation of corrective action by the OWNER with back charges to the Contractor. The Contractor shall not resume work until Jacobs/ OWNER accepts the proposed corrective actions. Jacobs/ OWNER will document and keep on file the meeting results in the form of meeting minutes.

15.3. Action Level Three

If Action Levels One and Two do not result in the Contractor’s HSE performance being brought into compliance, Contract termination may result. Jacobs/ OWNER may terminate the Contract after verifying with the Site/Project Manager that the HSE adherence procedure has been followed and after giving the Contractor applicable notice. Only written approval from the OWNER can reinstate a Contractor’s eligibility.

16.0 EXHIBITS

Exhibit 1, Contractor HSE Data Form Exhibit 2, Monthly Contractor HSE Statistics Report Exhibit 3, Notice of HSE Non-Compliance Exhibit 4, Warning Letter for HSE Non-Compliance Exhibit 5, Written Notice of Temporary Job Suspension Exhibit 6, Safe Plan of Action Exhibit 7, Safety Observation Report Exhibit 8, Accident/Incident Investigation Report Exhibit 9, Witness Statement Exhibit 10, First Aid Register



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Exhibit 1 — Contractor HSE Data Form

Provide HSE Performance History For Last Three Full Years

Enter Year 20__ 20__ 20__

Number of employee hours worked

Number of fatalities

Number of cases involving days away from work (Lost Time Cases)

Number of “other recordable cases

Total of all cases above (fatalities, days away from work, transfers or restricted duty, and other recordable cases, i.e., the total of Columns G, H, I, and J)

Incidence Rate (total recordable cases x 200,000/total work hours)

Number of citations by government and other HSE regulatory agencies (provide details for each on a separate sheet)

HSE Program

Yes No

Do you have a written hazard communication program?

Do you have a written HSE program?

When did you last update this HSE Policy statement?

Do you have a written drug and alcohol abuse prevention program, which includes pre-employment, reasonable suspicion, and post incident testing?

Do you have a written respiratory protection program?

Do you have a new employee orientation program? If yes, does it contain instructions on:

• Company HSE Policy

• Company HSE Record

• Company HSE Rules

• Driving Safety

• Electrical Safety

• Fall Protection

• Fire Protection

• First Aid

• Hazard Recognition

• Hazard Reporting

• Hearing Conservation

• Housekeeping



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Yes No

• HSE Meeting Attendance

• Injury Reporting

• Ladders and Stairway Safety

• Lock-out/Tag-out

• Minimum Personnel Protective Equipment

• Special Personnel Protective Equipment

• Toxic Substances

• Trenching and Excavation

Do you have a training program for newly hired or promoted first line supervisors? If yes, does it contain instructions on:

• Accident Investigation

• Emergency Procedures

• First Aid Procedures

• Hazard Recognition

• HSE Supervision

• Incident Reporting

• New Employee Orientation

• Safe Work Practices

• Toolbox HSE Meetings

HSE meetings are conducted:

• Weekly

• Bi-weekly

• Monthly

• Less often, as needed

• Do you have a method for reporting of unsafe acts and condition?

Do you conduct field HSE inspections of work in progress?

If yes, who conducts the inspections? _________________________________________

How often? ______________________________________________________________

Are accident reports circulated to your management?

Is HSE a (documented) weighted factor in evaluating in the performance of:

• Foreman

• Supervisor

• Management

Does your firm hold “Toolbox” HSE Meetings? If yes, how often:

• Weekly

• Bi-weekly



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September 2005


Yes No

• Monthly

• Less often, as needed

• Do you operate a Safety Incentive Scheme?

HSE Staff

Number

How many full time HSE professionals do you have on staff?

How many full time industrial hygienists do you have on staff?

How many full time physicians do you have on staff?

Who is the most senior staff HSE professional at your company?

Name: Title: Phone:

Who should we contact to discuss the details of the information contained in this document?

Name: Title: Phone:



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Exhibit 2— Monthly Contractor HSE Statistics Report

FOR: __________________ (MONTH) PROJECT NAME:_________________

CONTRACTOR NAME:

Workhours for the month: ________________________ Workhours Year-to-date: ______________

Number of injuries & illnesses that received treatment by a physician: ________________

Total number of Recordable injuries & illnesses: ________________________________

Number of Restricted duty cases: __________________ Number of Lost time (days away) cases: ______

Please list all injuries and illnesses, which have occurred to employees of your company on the above project this month. Include accident cause, injury/illness suffered and current disposition of injured/ill employee (i.e., returned to work, still off work, awaiting surgery, etc.)

Person completing report: (print) ____________ Title: ________________

Date: _______________________ Signature : ________________

Please submit this report to Jacobs / OWNER on the above project by the fifth (5th

) of each month, for the preceding month’s work activities.



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Exhibit 3 — Notice of HSE Non-Compliance To:

Site Representative for:

Your company has been found to be in non-compliance with one or more government, State, or OWNER’s requirement(s), as specified below. This HSE non-compliance must be corrected immediately for your company to meet the requirements of your contract.

Item No.

Description of Non-compliance Applicable HSE Requirement

Issued By (Project Manager or Site Manager Issuing Notice):

Name Printed: Title:

Signature: Date:

Received By (Contractor Representative Receiving Notice):


Signature: Date:

cc: OWNER HSE Representative



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September 2005


Exhibit 4 — Warning Letter for HSE Non-Compliance Project Name:

Project Number:

Your firm, ,

has been found to be in violation of your contract by non-compliance with applicable government, State, or OWNER HSE requirements.

On (date),

in accordance with the Contractor OWNER HSE Adherence Policy, your representative, ,

was given a Notice of HSE Non-Compliance (copy attached). This notice specifies areas where your company does not comply with government, State, or OWNER HSE requirements, and requests that these items be corrected immediately.

If they are not corrected, more stringent measures will be taken in accordance with OWNER HSE Adherence Policy.

Your prompt attention to this matter will be appreciated.

Issued By (Project Manager or Site Manager Issuing Warning Letter):


Signature: Date:

Received By (Contractor Representative Receiving Warning Letter):


Signature: Date:

cc: OWNER

HSE Manager



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September 2005


Exhibit 5 — Written Notice of Temporary Job Suspension Your company, while working on the project has been notified of HSE performance deficiencies in accordance with OWNERs’ Contractor HSE Adherence Policy.

Despite these written notifications requesting that immediate corrective action be taken to improve your HSE performance, improvement has not occurred.

Therefore, in accordance with Action Level Two of the Contractor HSE Adherence Policy, we are hereby notifying you that after securing your equipment, all job activities on the project named above are to cease.

Activities on this project may be resumed only after your company meets requirements set forth in the Contractor HSE Adherence Policy.

Issued By:


Signature: Date:

cc: OWNER

HSE Manager



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September 2005


Exhibit 6 — Safe Plan of Action Project No. Job/Task Work Area Date

Steps of Task Hazard/Reaction to Change Safe Plan Resources

Team Members’ Signatures

The signature of the supervisor confirms the completion of the hazard assessment and Safe Plan of Action by the crew.

Supervisors Signature: Date Instructions: 1. Write name of job or task in space provided. 2. Conduct walk-through survey of work area. 3. Write the steps of the task in a safe sequence. 4. List all possible hazards involved in each step and reaction to change. 5. In the Safe Plan column, state actions that will be taken to prevent the hazards or injury from reaction to change. 6. In Resources column, list equipment, tools, etc. needed to do the job. 8. Ask each team member, who helped develop and will use this SPA, to sign in spaces provided. 9. Review the SPA at the end of the task for improvements. Work shall stop when conditions change, the job changes, or a deficiency in the plan is discovered, and the current SPA will be modified or a new SPA created.



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Review checklist while completing front page of SPA. Check all that apply.

A new SPA is required if the job scope or work conditions change.

Required Permits Hazards Safe Plan

� Confined Space � Overhead Utilities � Power de-energization required � Insulation blankets required � Wire watcher required

� Critical Lift � Required clearance distance = _______Ft. � Safe work zone marked

� Hot Work � Crane or other � Signalman assigned � Tag lines in use � Area around crane barricaded

� Lock Out/Tag Out Lifting Equipment � Lifting equipment inspected � Personnel protected from overhead load

� Soil Disturbance (Over 12”) � Underground Utilities � Reviewed as-builts � Subsurface surveys � Received dig permit

� Utility Clearance � Required clearance distance = _______ Ft. � Safe work zone Marked

Required PPE � Electrical � Lock Out/Tag Out/Try Out � Permit required? � Confirm that equipment is de-energized

� Hard Hat, Class C � Reviewed electrical safety procedures

� Hard Hat, Class E (Elect. Protect) � Excavations � Permits � Inspected prior to entering � Proper sloping/shoring

� Ear Plugs/Ear Muffs � Barricades provided � Access/egress provided � Protection from accumulated water

Eye Protection: � Fire Hazard � Hot Work Permit � Fire Extinguishers � Fire watch

� Safety Glasses � Adjacent area protected � Unnecessary flammable material removed

� Face Shield � Vehicular Traffic or � Traffic Barricades � Cones � Signs � Flagmen � Lane closure

� Chemical Goggles Heavy Equipment � Communication with equipment operator

� Welding Hood � Noise >85 dB Hearing protection is required: � Ear plugs � Ear Muffs � Both

Hand Protection: � Hand & Power Tools: � Inspect general cond. � GFCI in use � Identified PPE required for each tool

� Cut Resistant Gloves � Reviewed safety requirements in operators manual(s) � Guarding OK

� Welders Gloves � Hand Hazards List sharp tools, material, equipment:__________________________________________

� Nitrile Gloves � PPE gloves, etc. � Protected sharp edges as necessary

� Surgical Gloves � Manual Lifting � Reviewed proper lifting tech. � Identified material requiring lifting equipment

� Rubber Gloves � Hand protection required � Back support belts

� Elect. Insulated Gloves � Ladders � Inspect general cond. before use � Ladder inspected with in last quarter

� Arm Sleeves � Ladder tied off or held � Proper angle and placement � Reviewed ladder safety

Foot Protection: � Scaffolds � Inspect general condition before use � Tags in place � Properly secured

� Sturdy Work Boots � Toe boards used � Footings adequate � Materials properly stored on scaffold

� Safety Toe Boots � Slips, Trips Falls � Inspect for trip hazards � Hazards marked � Tools & material properly stored

� Rubber Boots � Extension cords properly secured � Work zone free of debris

� Rubber Boot Covers � Pinch Points List potential pinch points:__________________________________________________

� Dielectric Footwear � Working near operating equipment � Hand/Body positioning

Respiratory. Protection:

� Dust Mask

� Working w/ Chemicals � List specific chemicals involved and list hazards and precaution on front side. � Reviewed MSDS � Exposure Monitoring required � Have proper containers and labels. � Identified proper PPE (respirators, clothing, gloves, etc.)

� Air Purifying Respirator � Asbestos or Lead Paint � Areas to be worked may contain asbestos or lead paint � Asbestos controls incorporated

� Supplied Air Respirator Potential � Lead based point controls in place � Exposure monitoring conducted.

� SCBA � Heat Stress Potential � Heat stress monitoring (>85o) � Liquids available � Cool down periods

� Emergency Escape Respirator � Sun Screen � Reviewed Heat Stress symptoms

� Cold Stress Potential � Proper clothing (i.e.. gloves, coat, coveralls) � Wind chill <32o

Special Clothing: � Reviewed Cold Stress symptoms � Warm up periods

� Tyvek ® � Environmental � Air emissions � Water discharge � Hazardous wastes � Other wastes

� Poly Coated Tyvek ® � Pollution prevention � Waste minimization

� Fire Resistant Coveralls � Natural or Site Hazards � Weather � Terrain � Adjacent operations or processes � Biological hazards

� Rain Suit � Animals/reptiles/insects hazards

� Safety Vest � Adjacent Work/Processes � Notified them of our presents � Other workers adjacent, above, or below.

� Coordinated with adjacent supervisor/customer/operator � Need barriers between. Fall Protection:

� Barricades/covers � Caution barricade tape required � Danger barricade tape required � Rigid railing required

� Harness � Covers over opening � Warning signs required

� Double Lanyard Required Additional Information:

� Anchorage Point Available

� Additional Anchorage Connector Needed e.g. Cross Arm Strap, etc.

� Retractable Device Needed � Horizontal Life Line System Req’d.

� Fall Clearance Distance Adequate

� Fall Rescue/Retrieval Plan Set Up



DATE : 6th

September 2005


Exhibit 7 — Safety Observation Report

Date: Time: Supervisor of Observer: Observation:

Was immediate corrective action taken? Yes � No �

Describe Immediate Corrective Action:

Describe Action to Prevent Recurrence:

Describe Indirect Cause:

Lack of Training � Lack of Belief � Lack of Resources � Describe Suggested/Recommended Corrective Action For Indirect Cause:

Observers Name Printed: Signature:

Name Printed: Signature:

Name Printed: Signature:

Description and Verification of Corrective Action Taken To Address Indirect Cause:

Supervisor/Manager Name Printed: Signature: Date Completed:



DATE : 6th

September 2005


Exhibit 8 — Accident/Incident Investigation Report

Date of Accident/Incident: Time of Incident: Company: Date of Investigation: Project Number: Client: Location of Accident/Incident: Did injury result? Yes/No ____, If yes, provide Employee Name(s): S.S. No.: Skill: Yrs. in this Skill: Yrs. with Company: Describe Type of Injury: Was property damaged? Yes/No ___ _, Describe damage/owner: Is damaged property secured/maintained? Yes/No_ ___, Person Maintaining Names of Witnesses/Coworkers (With Social Security No.): Weather / Wind Conditions: List/Describe all personal protective equipment (PPE) in use by person exposed or injured: If Chemicals Involved:

Name(s) of Chemical(s) Encountered: Form of Chemicals (Solid, Liquid, Gas, Vapor, Dust, Mist Fume): Describe Radiological Materials (if any): Volume or Quantity Released:

Description of Accident/Incident: Contributing Factors:



DATE : 6th

September 2005


What corrective actions are being taken to prevent recurrence? Also list the person responsible for implementing and the target completion date for each item. Was an SPA/JSA developed for the task being performed? Yes/No_ ___, If yes, attach a copy. Was a permit issued? Yes/No , If yes, attach a copy of the permit in effect at time of the incident. Indirect cause: Lack of: Training____, Resources____, Belief____ (*explain) Basic cause: Failure to: Plan____, Direct____, Organize____, Control____(*explain) INVESTIGATION TEAM MEMBERS: Injured / Involved: Name Signature Supervisor: Name Signature Site/Office Manager: Name Signature HSE Professional: Name Signature Name (Others) Title Signature Name (Others) Title Signature Client Representative(s) Contacted: Agency Representative(s) Contacted: * Attach additional sheets and supplemental data & information as necessary. ** Distribution: Original must be filed on-site; 1 copy must be sent promptly to the Corporate Health and

Safety Department.



DATE : 6th

September 2005


Exhibit 9 — Witness Statement

Please print or type.

Name: Title: Social Security Number: Date: Time: Temporary Address: Phone No. Permanent Address: Phone No. Location at Time of Accident: Describe, to the best of your knowledge, what happened just before, during, and just after the accident:

Signature



DATE : 6th

September 2005


Exhibit 10 — First Aid Register

Company: Project Name/Number: Jobsite Location: Month / Year: Site or Office Manager: Page: of

Date Time Name Supervisor Or Foreman

Type of Injury, Body Part, and Brief Description of Injury Class*

* Class – Classification: FAV – First Aid Visit E-1 – Doctor’s Visit R – Recordable Other:

1.4.2 Submission Form B (Proposal Exhibits).doc

Page 1 of 14

SUBMISSION FORM – B

TENDER FOR ABOVE GROUND AND UNDERGROUND PIPING WORKS

DHT PROJECT

OF

HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI

STANDARD INSTRUCTIONS TO BIDDERS (PROPOSAL EXHIBITS)

Rev.No. Issue Date Pages Rev Description Prepared

By Checked

By Approved

By

0 19 January, 2002 12 Issued for use CLS CLS AGG

1 17 June, 2003 15 Sheet 9 revised and Sheet 10 & 11 added.

CLS SGR AGG

2 7 July, 2003 21 7 sheets of Safety Questionnaire added in Proposal Exhibit No. 11

RNK SGR AGG

3 18 August, 2003 21 Sheet No. 6 revised RNK AGG AGG

4 8 September, 2005

14 7 sheets of Safety Questionnaire deleted

SSB SGR AGG

5 12 October, 2007 14 Generally Revised DM RNK AGG


JACOBS STANDARD INSTRUCTION TO BIDDERS (PROPOSAL EXHIBITS) PAGE 2 OF 14

TABLE OF CONTENTS 1 TIME SCHEDULE 2 PROPOSED SITE ORGANISATION 3 EQUIPMENT QUESTIONNAIRE 4 MANPOWER QUESTIONNAIRE 5 DETAILS OF PRESENT COMMITMENTS 6 DETAILS OF PAST PERFORMANCE 7 SAFETY REQUIREMENTS 8 SITE VISIT CONFIRMATION 9 VENDOR / SUPPLIER DATA 10 CONSTRUCTION QUALITY PLANS Note: - 1. All Proposal Exhibits must be duly filled and signed by the Bidder without

exception in token of acceptance and must bear his seal. Separate pages may be appended if necessary and should be documented/ listed in the enclosed Proposal Exhibits.



PROPOSAL EXHIBITS NO. 1

TIME SCHEDULE The entire work covered in this document shall be completed in all respects within a period of 08 (eight) months starting from date of issue of Fax of Acceptance/Letter of Acceptance/Letter of Intent. A mobilisation period of not exceeding 15 (fifteen) calendar days and as part of the above contractual completion period will be allowed. The Bidder shall enclose his proposed preliminary Schedule Bar Chart in support of this. I accept to adhere to the Time Schedule, as above. SEAL OF BIDDER SIGNATURE OF BIDDER




PROPOSED SITE ORGANISATION The Bidder shall indicate the Site Organisation indicating the number of persons under each category, he intends to deploy for carrying out the said work. It is understood that the Contractor will deploy working and supervision personnel, depending upon the requirements from time to time for timely completion of work. The Site Organisation will include atleast the following as part of his construction team in addition to other staff: One Planning Engineer, One Safety Engineer, One Quality Control Engineer. These staff will function independently and will not be allocated any other assignment or responsibility other than what each of their designation indicates.





EQUIPMENT QUESTIONNAIRE

The Bidder shall indicate below the proposed deployment programme of equipments at site for construction during the peak period.

Sr. Description of Present Intended Owner No. Equipments

Unit Tentative Requirement

Proposed Deployment Location Date





MANPOWER QUESTIONNAIRE The Bidder shall indicate the proposed manpower deployment for each month

Months

1 2 3 4 5 6 7 8

A Mechanical

i Fabricators

ii Fitters (Piping)

iii Fitters (Structural)

iv Fitters (Mechanical)

v Gas Cutters

vi Grinders

vii Welders

viii Masons

ix Electricians

x Khalasi

xi Riggers

xii Helpers

Total SEAL OF BIDDER SIGNATURE OF BIDDER




DETAILS OF PRESENT COMMITMENTS

Sr. No. Name and Address of

Client Type of work Value of

Contract Date of

Commencement of work

Schedule completion

% Completion

Expected date of completion





DETAILS OF PAST PERFORMANCE

Sr. No. Name and Address of

Client Type of work Value of

Contract Date of

Commencement of work

Contractual

Actual

Remarks


Completion




SAFETY REQUIREMENTS

The Contractor shall follow all safety rules and shall strictly adhere to all kinds of safety precautions to safeguard against the mishap and damage to the men; material and machinery while carrying out work in the plant site. The Contractor shall follow and practice without any prejudice, all the guidelines given in the Specification for HSE Management included as Annexure IX to the Special Conditions of Contract. The Contractor shall not be allowed to use / bring “Asbestos” in any form even for temporary structures or any use of it within the project premises. The Contractor shall take responsibility to keep project site “Free of Asbestos” all through the project duration. The Contractor shall provide as a minimum the Safety precautions / PPE’s as indicated in Safety Requirement Matrix – Appendix – I for various trades of work indicated in same. SEAL OF BIDDER SIGNATURE OF BIDDER



APPENDIX 1

SR NO

Activity Safety Shoes

Safety Helmet

Safety Gogg-

les

Safety Har-ness

Face Shield

Ear Plugs

Hand Gloves

Barricading

Shoring/ Ade-quate side slope

Light-ing

Requirement

Ladder

Scaffold

Safety Gloves Jackets

Work Permit

Power Cable

Circuit brea,ke

r

Proper earth-

ing

Proper plug /

sockets

Joints connections well

protected.

Flash back

arrestor for gas cylind-

ers

Good hose condi-tions

Gas Cylind-

ers upright

and secu-red

Fire exting-uishers

Test certi-

ficates/ cali-

bration certificates of

cranes/ tools

Temp guy

ropes pro-

vision

Work-ing

plat-form

Railing around Plat-form

Ade-quate Venti-lation

House Keep-

ing

Safe Access

Caution Board

Remarks

1 EXCAVATION (MANUALLY) √ √ √

√ √ √ √ √ √

√ √ √ √

2 EXCAVATION (WITH M/CS) / BLASTING √ √ √

√ √ √ √ √ √ √

√ √ √ Excavation M/C must be in good condition with driver having valid license.

3 RCC WORK (ON / BELOW GROUND LVL)

√ √ √ √ √

√ √ √ √

Workers should stand on safe platform for

pouring concrete from

height. 4 RCC WORK (RCC

ABOVE GROUND LVL)

√ √ √ √ √ √

√ √

√ √ √ √ √

5 ROOF WORK √ √ √ √ √

√ √ √ √

SHOP √ √ √ √ √

√ Material storage

and 6 PAINTING √

handling as per MSDS

SITE √ √ √ √ √ √

√ √ √ √

√ √

7 STRUCTURAL WORK (ERECTION AT SITE)

√ √ √ √ √ √

√ √ √

√ √ Erection

schemes to be approved before

work. 8 RIGGING WORK

(HEAVY LIFTS / ERECTION)

√ √ √ √ √ √

√ √ √ √

√ Method

statement to be approved before

work. SHOP √ √ √

√ √

√ √ √ √

Adequate cover to prevent

9 CUTTING WORK molten metal / cutpieces

SITE √ √ √ √ √ √

√ √ √ √ √

√ √ √ √ √

from falling below

√

Represents applicability.



APPENDIX 1 SR. NO.

Activity Safety Shoes

Safety Helmet

Safety Gogg-

les

Safety Har-ness

Face Shield

Ear Plugs

Hand Gloves

Barricading

Shoring/ Ade-quate side slope

Light-ing

Requirement

Ladder

Scaffold

Safety Gloves Jackets

Work Permit

Power Cable

Circuit brea,ke

r

Proper earth-

ing

Proper plug /

sockets

Joints connections well

protected.

Flash back

arrestor for gas cylind-

ers

Good hose condi-tions

Gas Cylind-

ers upright

and secu-red

Fire exting-uishers

Test certi-

ficates/ cali-

bration certificates of

cranes/ tools

Temp guy

ropes pro-

vision

Work-ing

plat-form

Railing around Plat-form

Ade-quate Venti-lation

House Keep-

ing

Safe Access

Caution Board

Remarks

SHOP √ √ √ √

√ √ √ √ √ √

√ √

10 GRINDING WORK SITE √ √ √ √ √ √ √

√ √ √ √ √ √ √ √ √

√ √

SHOP √ √ √ √ √ √

√ √ √ √ √ √

√ Adequate

cover to prevent

11 WELDING WORK √ molten metal

/ cutpieces SITE √ √ √

√ √

√ √ √ √ √ √ √ √

√ √ √ √ √

from falling below

12 WORK IN CONFINED SPACE √ √ √ √

√ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √

13 SAND BLASTING/SHOT BLASTING/GUNITING

√ √ √ √ √ √ √ √

√ √ √ √ Adequate protection for

face and body.

14 ELECTRICAL WORKS √ √ √ √

√ √ √ √ √ √ √ √

√ √ √

15 ELECTRICAL HOISTS / WINCHES √ √ √

√ √ √ √ √ √ √ √

16 STORES,YARD LOADING/UNLOADING

√ √ √ √ √

√ √

17 RADIOGRAPHY √ √ √ √ √ √

√ √ √ √ √ √

18 PRECOMMISSIONING/ COMMISSIONING √ √ √

√ √ √ √

√ √

√ Indicates applicability.

Indicative PPEs and facilities as shown in above Safety Requirement Matrix




SITE VISIT CONFIRMATION

This is to confirm that our Manager / Engineer Mr.

has visited site on . . 20___ at

He met Mr. of M/s........................................................,

and has obtained all necessary information regarding Site location, Site conditions, Safety

requirements, Tentative location of Site office / Fabrication yard etc. and the nature of work to be

executed.





VENDOR / SUPPLIER DATA

The Bidder shall confirm below the vendors/ suppliers that he will have for supplying basic materials of construction, which fall in the scope of Contractor’s supply as per this Tender/ Contract document. The locally procured materials like aggregates and bricks are however excluded from this. The Contractor shall also supply necessary test certificates and carryout required special tests asked for by Owner/ Consultant prior to supply of items. All facilities shall be provided to the Owner/ Consultant’s to witness any or all of the tests. A quality plan for supply items shall be submitted to Owner/ Consultant and approval obtained.

Sr.No. Item Proposed Vendor List Remarks





CONSTRUCTION QUALITY PLANS The Contractor shall, submit his detailed Construction quality plan, which shall as a minimum include: a) The extent of checks to be carried out by Contractor at site and the records/ deliverables to

be generated by him. b) Acceptance and agreement to submit QC Check Sheets and adhere to all Q.A procedures

inclusive of timely submission and approval of the QC Check Sheets/ Other forms/Other requirements.

c) Specific procedure and precautions to be adopted by the Contractor to ensure: i. Requisite quality of work as per Drawings, Specification and Codes. d) Each sheet of the Contractor's Construction quality plans will be signed by him and bear

his official seal and signature. e) Such Construction quality plans shall be submitted by the Contractor in line with enclosed

sample Minimum Indicative Inspection/ Test plans for: Indicative QA Plans – See below as marked Civil * Structural * Mechanical - Static * - Rotary * Site Fabricated Equipment Piping * Welding * Electrical Instrument Painting * Cold / Hot insulation Refractory Ruberline f) Such Construction quality plans shall be submitted by the Contractor before start of work. I accept the above. SEAL OF BIDDER SIGNATURE OF BIDDER

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN Civil

REF. SITE CO-ORDINATION PROCEDURE NO. CONTRACT NO.:

REF. PROJECT PROCEDURE NO.: PROJECT DETAILS:

Sr.No. Activity / Description

Records Req.. to be

Submitted/ Maintained

by Contractor

Action/ Extent of

check by Contractor

Type and Extent of Check by

JacobsType of Record/Basis

1 Calibration of Test/ Measuring Instruments Yes Detail Check 100% Review Record Lab Reports / Site Test

2 - a) Materials Yes Detail Check 100% Review Record *Lab Reports / Test Certificate/ Inspection

Reports

b) Equipment Yes Detail Check 100% Review RecordLab Reports / Test Certificate/ Inspection

Reports

c) Consumable Yes Detail Check 100% Review Record * Lab Reports / Test Certificate

3 Survey & Layout Yes Detail Check 100% Check / Witness at Random Joint Record

4 Earth work Yes Detail Check 100% Check / Witness at RandomField books, Records of profile, or Final

levels, Field test records

5 Concrete

a) Cube CR. strength Yes Detail Check 100% Check / Witness at Random Test Report/ Registers

b) Foundation & Pile cap/ Pre-concreting checks Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4607

6 Piling

a) Driven piles Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4601

b) Bored Piles Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4601

c) Pile Test Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4602

7 Underground services/ Sanitary Yes Detail Check 100% Check / Witness at Random Site Inspection Report/

8 Roads/ Drains/ Culverts/ Field tests Yes Detail Check 100% Check / Witness at Random Site Inspection Report

INDICATIVE

Civil-5/18/2009-12:06 PM Page 1 / 2 Construction Quality Plan Civil

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN Civil




Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor



INDICATIVE

9 Building

a) Waterproofing Yes Detail Check 100% Check / Witness at Random Site Inspection Report/CC-4613

b) Masonry Yes Detail Check 100% Check / Witness at RandomSite Inspection Report/

CC4610

c) Wall Construction Yes Detail Check 100% Check / Witness at RandomSite Inspection Report/

CC-4610

d) Plaster Yes Detail Check 100% Check / Witness at Random Site Inspection Report/CC-4611

e) Door, Windows Yes Detail Check 100% Check / Witness at Random Site Inspection Report/CC-4611

f) Flooring Yes Detail Check 100% Check / Witness at Random Site Inspection Report/CC-4611

g) Carpentry Yes Detail Check 100% Check / Witness at Random Site Inspection Report/CC-4611

h) Room finish Yes Detail Check 100% Check / Witness at Random Site Inspection Report/CC-4611

i) Painting/ White wash/color wash Yes Detail Check 100% Check / Witness at Random Site Inspection Report

10 SafetyImplement and Comply as

per normsDetail Check 100% Close vigilance on Day today basis

Records of Periodic checks of Tools,

Tackles, Elec. Equpt. Lifting Machinery

etc.

11 As Built Drawing Mark up on Drawing Submit Review Record Drawing

Issue No. 1 Date 2 Date Remarks : - Review Record by Jacobs is 100% Distribution:QA

Compiled By - Witness by Jacobs is 100% Project Manager

Checked By - Check/ Witness at Random by Jacobs is Generally 5% to 10% H.O. Const.

Approved By * Approval of Sample prior to procurement for material in

contractors Scope of supply Site

Form No. :

Civil-5/18/2009-12:06 PM Page 2 / 2 Construction Quality Plan Civil

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN STRUCTURAL

REF. SITE CO-ORDINATION PROCEDURE NO.: CONTRACT NO.:



Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor



1 - a) Calibration of Test/ Measuring Instruments Yes Detail Check 100% Review Record Lab Reports / Site Test

2 - a) Materials Yes Detail Check 100% Review Record *Lab Reports / Test Certificate/

Inspection Reports

b) Equipment Yes Detail Check 100% Review RecordLab Reports / Test Certificate/

Inspection Reports


3 Fabrication Drawing Yes Detail Check 100% Review & Approve Joint Record

4 Fabrication

a) Joint Prepration/ Fit-up Yes Detail Check 100% Check / Witness at Random Site Inspection Report

b) Final Welding Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4614

5 NDT (as applicable) Yes Detail Check 100% Review Record Lab Reports / Test Certificate

6 Erection

a) Locations Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4608

b) Alignment/ Levels Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4608

c) Grouting Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4608

d) Final Welding Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4608

7 SafetyImpllement and Comply

as per normsDetail Check 100%

Close vigilence on Day today

basis

Records of Periodic checks of

Tools, Tackles, Elec. Equpt. Lifting

Machinery etc




Checked By - Check/ Witness at Random by Jacobs is Generally 5% to 10%H.O. Const.

Approved By

* Approval of Sample prior to procurement for

material in contractors Scope of supply Site

Form No. :

INDICATIVE

Structural-1/20/2009-9:26 AM Page 1/1 5.2.2.1 Construction Quality Plan Structural

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN STATIC EQPT.


REF. PROJECT PROCEDURE NO.: Project Details:


Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor

Type and Extent of Check

by JacobsType of Record/Basis



Inspection Reports


Inspection Reports


3 Check Equipment, Transit damage / Inspection Rpts Yes Detail Check 100% Check / Witness at Random Inspection reports

4 Pre-erection of Civil/ Structural foundation Yes Detail Check 100% Check / Witness at Random Joint Record

5 Erection Scheme for Critical Eqpt

a) Adequacy of Erection scheme/Sequence Yes Detail Check 100% Review & Approve Erection Scheme/ CC-4109

b) Adequacy of Crane cap. Yes Detail Check 100% Review & Approve Erection Scheme

c) Adequacy of Plant & M/C Yes Detail Check 100% Review & Approve Erection Scheme

d) Adequacy of Manpower Yes Detail Check 100% Review & Approve Erection Scheme

6 Erection Installation(Static Equipment)

a) Check Orientation/ Leveling/ Co-ordinates/Grout Yes Detail Check 100% Check / Witness at RandomSite Inspection Report/ CC- 4101,

4102

b) Erection (Critical Equip..) yes Detail Check 100% Witness Site Inspection Report/ CC-4109

c) Pressure test(if required) yes Detail Check 100% Witness Site Inspection Report/

d) Cleaning, Flushing and Drying yes Detail Check 100% Witness Site Inspection Report/

Mech-Sttic-1/20/2009-9:44 AM Page 1/2 QAP Mech Static Equipment

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN STATIC EQPT.




Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor



7 Box Up Yes Detail Check 100% Review Record Site Inspection Report/

8 Safety Implement Detail Check 100%Close vigilance on Day today

basis


Tackles, Elec. Equip.. Lifting

Machinery etc.

9 As Built Drawing (if any) Mark up on Drawing Submit Review Record Drawing




Approved By* Approval of Sample prior to procurement for material in


Form No. :

Mech-Sttic-1/20/2009-9:44 AM Page 2/2 QAP Mech Static Equipment

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN ROTARY EQPT.




Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor





Inspection Reports


Inspection Reports


3 Check Equipment, Transit damage / Inspection Rpts Yes Detail Check 100% Check / Witness at Random Inspection reports

4 Pre-erection of Civil/ Structural foundation Yes Detail Check 100% Check / Witness at Random Joint Record

5 Erection Scheme for Critical Eqpt

a) Adequacy of Erection scheme Yes Detail Check 100% Review & Approve Erection Scheme

b) Adequacy of Crane cap. Yes Detail Check 100% Review & Approve Erection Scheme

c) Adequacy of Plant & M/C Yes Detail Check 100% Review & Approve Erection Scheme

d) Adequacy of Manpower Yes Detail Check 100% Review & Approve Erection Scheme

6 Erection Installation(Rotary Equipment)

a) Check Orientation/ Leveling/ Grout Yes Detail Check 100% Check / Witness at RandomSite Inspection Report/ CC 4100,

CC 4105

b) Erection (Critical Eqpt) yesDetail Check 100% Witness Site Inspection Report/ CC- 4109

c) Alignment without piping yes Detail Check 100% Check / Witness at Random Site Inspection Report CC-4107

d) Alignment with piping yes Detail Check 100% Witness Site Inspection Report CC-4107

Mech-Rtry-1/20/2009-9:45 AM Page 1/2 QAP Mech Rotary Equipment

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN ROTARY EQPT.




Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor



7 Erection of Ancillaries, Cooling & Lube system Yes Detail Check 100% Witness Site Inspection Report

8 Safety Implement Detail Check 100% Close vigilance on Day today basis


Tools, Tackles, Elec. Eqpt. Lifting

Machinery etc.

9 As Built Drawing (if any) Mark up on Drawing Submit Review Record Drawing




Approved By * Approval of Sample prior to procurement for material in contractors

Scope of supply Site

Form No. :

Mech-Rtry-1/20/2009-9:45 AM Page 2/2 QAP Mech Rotary Equipment

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN WELDING




Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor



1 Calibration of Test/ Measuring Instruments Yes Detail Check 100% Review Record Lab Reports / Site Test

2 - a) Base Materials Yes Submit Review Record *Lab Reports / Test Certificate/CC-

4121

b) Welding Equipment Yes Submit Review Record Lab Reports / Test Certificate

c) Consumable (Electrodes/ Filler wire etc.) Yes Submit Review Record * Lab Reports / Batch Certificate

3 Welding Procedure Specification Yes Submit Review & ApproveWelding Procedure Specification/

Sec-IX / CC-4118

4 Welding Procedure Qualification

a) Welding of Test Piece Yes Conduct Witness Site Test

b) NDT/ Destructive TestsYes Conduct

WitnessProcedure Qualification Record /

Lab Report / Sec-IX/CC-4116

5 Welder Performance Qualification

a) Welder Test Yes Conduct Witness Certificate/ Site Test

b) NDT/ Destructive Tests Yes Conduct Review Lab Report / Sec-IX / CC-4117

6 Procedures

a) Radiography Yes Submit Review & ApproveApproved Procedure / Sec-V/CC-

4119

b) Dye-penetrant Yes Submit Review & Approve Approved Procedure / Sec-V

c) Ultrasonic Yes Submit Review & Approve Approved Procedure / Sec-V

d) Magnetic particle Yes Submit Review & Approve Approved Procedure / Sec-V

e) Pre-Heat & Interpass Temperature Yes Submit Review & Approve Approved Procedure

f) Post Weld Heat Treatment Yes Submit Review & Approve Approved Procedure

INDICATIVE

Welding-1/20/2009-9:48 AM Page 1/2 5.2.2.5 Construction Quality Plan Welding

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN WELDING




Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor



INDICATIVE

7 Checks (Non-Destructive checks)

a) Preheat & Interpass Temperature Yes Detail Check 100% Check / Witness at Random Graphs/Report

b) Welding Root & Subsequent Passes Yes Detail Check 100% Check / Witness at Random Report /

c) Post Weld Heat Treatment Yes Detail Check 100% Review Record Graphs /

d) Radiography Yes Detail Check 100% Review Record Report / Film / CC-4206

e) Dye-penetrant Yes Detail Check 100% Check / Witness at Random Report / CC-4206

f) Ultrasonic Yes Detail Check 100% Witness Report / CC-4206

g) Magnetic Particle Yes Detail Check 100% Witness Report / CC-4206






Form No. :

Welding-1/20/2009-9:48 AM Page 2/2 5.2.2.5 Construction Quality Plan Welding

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN PIPING




Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor





Inspection Reports/CC4121


Inspection Reports


d) Statutory Approval- wherever applicable Yes Detail Check 100% Review Record Authenticated Reports

3 Pre- Erection Take over of Civil / Structural work Yes Detail Check 100%Check / Witness at Random/

Review RecordJoint Record/

4 Fabrication

a) Material (as per piping class) Yes Detail Check 100% Check / Witness at Random Visual / Review Record

b) Joint Prepration/ Fit-up Yes Detail Check 100% Check / Witness at Random Site Inspection Report

c) Welding Yes Detail Check 100% Check / Witness at Random Site Inspection Report

5 NDT (as applicable) Yes Detail Check 100% Check / Witness at Random Lab Reports / Test Certificate/CC4206

6 Erection

a) Alignment/ Levels Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4200/4205

b) Pipe Supports, Gaskets, Valves, Traps,

Filters, Control/ Safety Valves Etc Yes Detail Check 100% Check / Witness at Random Site Inspection Report/ CC-4200

Piping-1/20/2009-9:47 AM Page 1/2 QAP Piping

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN PIPING




Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor



7 Testing

a) Test Packs/ Testing Scheme Yes Submit Review & Approve Approved Scheme / Plan

b) PressureTesting Yes Detail Check 100% WitnessSite Inspection Report/ CC-4203

CC-4205

c) Pickling / Passivation/ Chemical Cleaning Yes Detail Check 100% Witness Site Inspection reports/CC-4202

8 SafetyImpllement and Comply as

per normsDetail Check 100%

Close vigilence on Day today

basis


Tackles, Elec. Equpt. Lifting Machinery

etc







Form No. :

Piping-1/20/2009-9:47 AM Page 2/2 QAP Piping

DISCIPLINE : DATE

CONSTRUCTION QUALITY PLAN PAINTING




Records Req.. to be


by Contractor

Action/ Extent of

check by Contractor





Inspection Reports/CC-4121


Inspection Reports


3 Take over of equipment/ Tank/ Piping/ Str. Yes Detail Check 100% Check / Witness at Random Joint Record

4 Surface Preparation/ Sandblasting Yes Detail Check 100% Witness Site Inspection Report/CC-4110

5 Primer Application- DFT Check Yes Detail Check 100% Witness Site Inspection Report/CC-4110

6 Final Painting-DFT Check Yes Detail Check 100% Witness Site Inspection Report/CC-4110

7 Painting Identification Band/ Code etc. Yes Detail Check 100% Witness Site Inspection Report

8 Confirm complection of

a) Pressure Testing of piping Yes Detail Check 100% Review Record Site Inspection Report

b) Mechanical Clearence of Storage/ Eqpt. Yes Detail Check 100% Review Record Site Inspection Report

9 SafetyImpllement and Comply as

per normsDetail Check 100% Close vigilence on Day today basis


Tools, Tackles, Elec. Equpt. Lifting

Machinery etc

10 Testing (DFT) Yes Detail Check 100% Check / Witness at Random Site Inspection Report






Form No. :

INDICATIVE

Painting-1/20/2009-9:49 AM Page 1/1 5.2.2.6 Construction Quality Plan Painting

HPCL, MUMBAI TECHNICAL COMPLIANCE CONFIRMATION BY BIDDER Section 1.5

DHT PROJECT ABOVE GROUND AND UNDERGROUND PIPING WORKS Rev. A

44 LK – 5100 Document No. 44LK-5100-718/K.02/0024/A4 Page 1 of 1

1.5.1 Technical Compliance

Sl No.

Description Bidder’s Confirmation

1.0 SITE ORGANISATION CHART AND RESOURCE DEPLOYMENT

1.1 Please confirm that a ‘Field Organisation Chart’,

‘Deployment Programme for Manpower and Equipments’ is enclosed in the bid (as part of Submission Form – B Proposal Exhibits) and confirm that additional / sufficient numbers of persons shall be deployed at site during the site activities as per actual job requirement and instructions of Engineer-in-charge.

1.2 Please confirm that qualification and experience of

Key Persons proposed to be deployed at site shall be in conformity to the requirements indicated in the tender document.

2.0 Please confirm that Construction Management for

the total work will be your responsibility (not to be sub-contracted). You will be responsible for the quality of work produced by your subcontractors (if any) and arrange first line supervision/inspection on your subcontractor’s work.

3.0 Please confirm that the required information’s

under ‘Exhibit – 1 (Contractor’s HSE Data Form) of the Submission Form A HSE Requirements for Contractors is furnished and the same enclosed in the bid.

4.0 Please confirm that requirement of Health, Safety

and Environment (HSE) as per bid specification enclosed as Annexure – IX to SCC are taken into consideration and HSE guidelines indicated in the bid shall be complied with.

5.0 Please confirm that requirement of Quality

Assurance specified in the tender document shall be complied with.

DATE STAMP & SIGNATURE OF BIDDER

SECTION 1.5

COMMERCIAL QUESTIONNAIRE

Jacobs

HPCL, Mumbai COMMERCIAL QUESTIONNAIRE (REVISION – 0) Part - I

Above Ground and

Under Ground Piping

Works

Section 1.5

44LK-5100 Sheet 2 of 4

W:\4401-5100_Procurement\EPCM Tender\Site contracts\Above ground & Underground Piping Works\Revised Tender for E Proc\Revised Commercial Word Files\Section 1.5_Comm Quest.doc

Sr.No. Jacob’s Query Bidder’s Reply / Confirmation

1 Please confirm that scanned copy of IP required as per tender has been submitted in Part A of the bid

2.1 Please confirm that scanned copy EMD BG required as per tender has been submitted in Part A of the bid

4. Confirm that you have studied complete Bidding document including technical and commercial part and your Bid is in accordance with the requirements of the Bidding documents.

6. Confirm your compliance to total scope of work mentioned in the Bidding document.

7. Confirm your acceptance for “SCOPE OF SUPPLY” mentioned in the Bidding Document.

Please note that scope of supply mentioned in the Bidding document is not limitative and except for the material specifically identified as that to be issued by OWNER, CONTRACTOR’s scope shall include supply of all materials required for completion of Work irrespective of whether such materials are mentioned in the Bidding document or not.

8. Confirm your acceptance for time schedule as mentioned in Appendix-1 to Special Conditions of Contract.

9. Confirm that your quoted price includes following taxes / duties, insurance etc.

i) All taxes / duties/ levies as per provisions of Bidding document. ii) Insurance as per provision of bidding document.

10. Confirm your acceptance for mandatory stipulations of the Bidding document and read and accepted conditions for rejection of bid as per clause 8.2 as per Instructions to Bidders.

11. Confirm that your Bid is substantially responsive to the requirements of the Bidding document, and you have not stipulated any material deviation and submitted all details as specified in the Bidding document.

12. Confirm that you have proposed adequate project / site organisation with qualified supervisory personnel having sufficient experience.

13. Confirm that all costs resulting from safe execution of work, such as safety induction, use of protective clothing, safety glasses and helmet etc. have been considered, including any special safety measures required to be taken during monsoon, or any other safety measures to be undertaken by the CONTRACTOR for the execution of Work are included in the lumpsum prices.

14. Please confirm that all safety rules & regulations as mentioned in Bidding Document or notified at later date by OWNER during execution shall be adhered by CONTRACTOR within lumpsum price.

Jacobs


Above Ground and

Under Ground Piping

Works

Section 1.5



Sr.No. Jacob’s Query Bidder’s Reply / Confirmation

15. Confirm that the following safety precautions shall be followed by CONTRACTOR as mandatory :

• Use of safety goggles while grinding

• Use of helmet / safety shoes.

• Crane movement area to be barricaded.

• Cylinders of flammable gases to be stacked upright.

• Earthing of equipment to be made proper.

• Toe boards to be provided in scaffolding platforms.

• Excavations to be properly shored / slopped.

• Safety net for construction.

• Plant gas detectors as per NFPA.

• Barricading with sprinkler system.

• Enabling works within battery limit.

• Testing of fuel, water quality, soil testing.

16. Confirm the following : “The planning schedule, S-curves, manpower estimates, construction equipment deployment schedule etc; submitted by the bidder with his bid, are indicative and shall not be basis for extra compensation in case actual needs are higher. Detailed planning schedule developed by CONTRACTOR after Contract award may be subject to fluctuations depending upon actual progress of the project and available work front. Co-ordination and making available by CONTRACTOR of all staff, manpower, construction equipment, tools, cranes, etc. and materials as required for a timely completion of all Work as per OWNER’s construction and priority schedule and in accordance with the available Work front are to be included in the pricing” Notwithstanding the above provision, the bidder shall submit these details in accordance with the volume of work which may be reviewed and commented by us during pre award stage / post award stage.

17. Please furnish the biodata of key personnel including nominated Project Director, Project Manager, Engineering Manager, Engineering Co-ordinator, Purchase Manager, QA / QC Manager, Commissioning Manager, Commissioning Engineer, etc. These will be reviewed and approved by Engineer-in-charge

18. Please confirm that your lumpsum price includes cost towards third party inspection of supplies if any.

21.

Please confirm that you have considered this contract as DIVISIBLE works and have accordingly quoted in SP forms for Supplies/ Services/composite items

22. Please note that this plant will be executed within the working refinery. Some of the safety precautions are mentioned in GTC/SCC. However these safety measures as mentioned above shall not be considered as limitative. The CONTRACTOR having wide experience in putting a plant within the working refinery will be required to develop their stringent safety measures and submit the same to Engineer-in-charge with the provision of a dedicated safety group closely monitoring the construction activities in all working shifts.

Jacobs


Above Ground and

Under Ground Piping

Works

Section 1.5



Sr. No.

Jacob’s Query Bidder’s Reply / Confirmation

23. Please confirm that your sub contractor for construction shall be meeting the requirements as specified in Special Conditions of Contract including the provision of GTCC. Also that the agency for executing electrical work shall have a valid license for carrying out the work in the state of Maharashtra

24 Acceptance of DEFECT LIABILITY clause as per clause no.33 of SCC

25 Acceptance of Payment Terms as per clause no.2.9 of LIT

26 Confirm that Integrity pact as mentioned in ITB has been submitted with the Bid.

27 Confirm your acceptance to Price Reduction cause as per tender.

28.1 Confirm Acceptance of CPBG as per Annexure-11 of BG Formats for 10% of Total PO Value. Refer clause no. 4.0 of GTCC.

Tick either 28.1 here

OR

28.2 Alternatively, confirm Acceptance of Security Deposit (as per clause no. 4.0 of GTCC) and Retention Amount (as per clause no. 7.c of GTCC)

Tick 28.2

29 I/We solemnly declare that by way of submission of quotation for the subject tender, I / We fully understand the Terms & Conditions of the Tender in both Technical & Commercial aspects and agree to abide by all the Terms and Conditions therein except those specifically covered in Form D- deviations and exceptions:

Signature –

Name –

Designation –

Contact Tel No & Mobile No –

E mail ID-

30 Bidder to indicate VAT-TIN No

31 Bidder to indicate Service Tax Registration No

STAMP AND SIGNATURE OF BIDDER

GENERAL TERMS & CONDITIONS OF CONTRACT FOR

HINDUSTAN PETROLEUM CORPORATION LTD. MUMBAI REFINERY

FOR

DIESEL HYDRO TREATING PROJECT

Issued by:

Jacobs Engineering India Private Limited MUMBAI

Rev. No.

Issue Date Pages Rev. Description Prepared By

Checked By

Approved By

0 - 37 Received from client - - HPCL

1 17.02.2009 39 Corrigendum added: LD/Arbitration clauses amended

AKM AKM HPCL

2 02.06.2009 41 Arbitration clause replaced as per Attachments A & B

AKM AKM HPCL

3 09.03.2010 41 Clearance regarding BGs above Rs. 5 Crore

AKM AKM HPCL

Sheet 1 of 1

CORRIGENDUM TO HPCL GENERAL TERMS AND CONDITIONS OF CONTRACT Sl No.

Clause ref. / Page No

Subject Modification

1 7.d.4 p 28/37

Statutory levies

ADD at the end of the clause: ‘TDS certificates for the tax deducted from payments by the Owner will be provided to the contractor on quarterly basis’.

2. 10.0 p 31/37

Liquidated Damages

The words ‘Liquidated Damages’ and ‘LD’ shall be replaced by ‘Price adjustment due to delay’ in the entire clause and entire document where ever they appear.

3 10.0 v) p 32/37

Liquidated Damages

The following first sentence of the clause shall stand deleted:

‘Contractor agrees with the Owner, that the above represents a genuine pre-estimate of the damages which the Owner will suffer on account of delay in the performance of the work by Contractor’

4 14 P 34/37

Arbitration The entire clause is replaced with new clauses as per Attachment A & B to this GTCC

5 4.0 P 10/41

Deposits Add the following at the end of clause 4.0 :

Bidders / Contractors are requested to take clearance from HPCL before issue the BGs regarding the issuing Bank in respect of all Bank Guarantees (Earnest Money Deposit, Security Deposit, Composite Bank Guarantee, Performance Bank Guarantee etc.) of value more than Rs.5.0 Crore.

.

ANNEXURE - 7

(SPECIMEN)

GENERAL TERMS & CONDITIONS OF WORKS CONTRACT

1 PRELIMINARY

1.1 This is a Contract for execution of

_______________________.

__________________ work at

(please fill up the blanks)

1.2 The tenderer for the abovementioned item of work is

____________________________. tenderer)

(please give the name and address of the

1.3 The terms and conditions mentioned hereunder are the terms and conditions

of the Contract above.

for the execution of the work mentioned under item 1.1

1.4 It is the clear understanding between Hindustan Petroleum Corporation

Limited and the tenderer ______________________________________ that

(name and address of the tenderer) in case the tender of

______________________________________________________________ is

(name and address of the tenderer) accepted by Hindustan

Petroleum Corporation Limited and an intimation to that effect is so issued and

also a Purchase Order is placed with

________________________________________________________ (name and address of the tenderer) this document will be termed as a Contract

between the parties and terms and conditions hereunder would parties interest.

govern the

1.5 Interpretation of Contract Documents: All documents forming part of the

Contract are to be taken mutually explanatory. Should there be any

discrepancy, inconsistency, error or omission in the contract, the decision of the

Owner/Engineer-in-Charge/Site-in-Charge shall be the final and the contractor

_____________________________________________________________________________

Annexure 7 (General Terms & Conditions of Works Contract)

Purchase Manual

® REVISION : PUR-024/13.02.2008

VI.14

Systems & Procedures

HPCL, Mumbai

shall abide by the decision. The decision shall not be arbitrable.

upon the drawings but not mentioned in the specification

Works shown

or described in the

specifications without being shown on the drawings shall nevertheless be deemed to be included in the same manner as if they are shown in the drawings and described

in the specifications.

Special conditions of Contract : The special conditions of contract, if any

provided and whenever and wherever referred to shall be read in conjunction with

General Terms and Conditions of contract, specifications, drawings, and any

other documents forming part of this contract wherever the context so requires.

Notwithstanding the subdivision of the documents into separate sections, parts

volumes, every section, part or volume shall be deemed to be supplementary or

complementary to each other and shall be read in whole. In case of any

misunderstanding arising the same shall be referred to decision of the Owner/

Engineer-in-Charge/Site-in-Charge and their decision shall be final and binding

and the decision shall not be arbitrable.

It is the clear understanding that wherever it is mentioned that the Contractor shall

do/perform a work and/or provide facilities for the performance of the work, the

doing or the performance or the providing of the facilities is at the cost and expenses of

the work not liable to be paid or reimbursed by the Owner.

DEFINITIONS

In this contract unless otherwise specifically provided or defined and unless a contrary

intention appears from the contract the following words and expressions are used in

the following meanings;

The term "Agreement" wherever appearing in this document shall be read as

"Contract".

The "Authority" for the purpose of this Contract shall

1.6

2.

2.1

2.2 be the Chairman and

2.3

Managing Director or any other person so appointed or authorised.

The "Chairman and Managing Director" shall mean the Chairman and Managing

Director of HINDUSTAN PETROLEUM CORPORATION LIMITED or any

person so appointed, nominated or designated and holding the office of Chairman

& Managing Director.

The "Change Order" means an order given in writing by the Engineer-in-Charge or by

Owner to effect additions to or deletion from or alterations into the Work.

The "Construction Equipment" means all appliances and equipment of whatsoever

nature for the use in or for the execution, completion, operation or maintenance of the

work except those intended to form part of the Permanent Work.

2.4

2.5

_____________________________________________________________________________


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® REVISION : PUR-024/13.02.2008

VI.15


HPCL, Mumbai

2.6 The "Contract" between the Owner and the Contractor shall mean and include all documents like enquiry, tender submitted by the contractor and the purchase order

issued by the owner and other documents connected with the issue of the purchase

order and orders, instruction, drawings, change orders, directions issued by the

Owner/Engineer-in-Charge/Site-in-Charge for the execution, completion and

commissioning of the works and the period of contract mentioned in the Contract

including such periods of time extensions as may be granted by the owner at the

request of the contractor and such period of time for which the work is continued by

the contractor for purposes of completion of the work.

"The Contractor" means the person or the persons, firm or Company whose tender has

been accepted by the Owner and includes the Contractor's legal heirs,

representative, successor(s) and permitted assignees.

The "Drawings" shall include maps, plans and tracings or prints thereof with any

modifications approved in writing by the Engineer-in-Charge and such other

drawings as may, from time to time, be furnished or approved in writing by the

Engineer-in-Charge.

The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed or

designated as such by the Owner and shall include those who are expressly authorised

by the owner to act for and on its behalf.

"The Owner" means the HINDUSTAN PETROLEUM CORPORATION

LIMITED incorporated in India having its Registered office at PETROLEUM

HOUSE, 17, JAMSHEDJI TATA ROAD, BOMBAY - 400020 and

Marketing office at ____________________________________________ or their

successors or assignees.

The "Permanent Work" means and includes works which form a part of the work to

be handed over to the Owner by the Contractor on completion of the contract.

The "Project Manager" shall mean the Project Manager of HINDUSTAN

PETROLEUM CORPORATION LIMITED, or any person so appointed, nominated

or designated.

The "Site" means the land on which the work is to be executed or carried out and

such other place(s) for purpose of performing the Contract.

The "Specifications" shall mean the various technical and other specifications

attached and referred to in the tender documents. It shall also include the latest

editions, including all addenda/corrigenda or relevant Indian Standard Specifications

and Bureau Of Indian Standards.

2.7

2.8

2.9

2.10

2.11

2.12

2.13

2.14

_____________________________________________________________________________


Purchase Manual

® REVISION : PUR-024/13.02.2008

VI.16


HPCL, Mumbai

2.15 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 the

prior written consent of the Owner/Engineer-in-Charge/Site-in- Charge and

their legal heirs, firm or Company.

representatives, successors and permitted assignees of such person,

2.16

2.17

The "Temporary Work" means and includes all such works which are a part of the

contract for execution of the permanent work but does not form part of the permanent

work confirming to practices, procedures applicable rules and regulations relevant in

that behalf.

The "Tender" means the document submitted by a person or authority for carrying out

the work and the Tenderer means a person or authority who submits the tender

offering to carry out the work as per the terms and conditions.

The "Work" shall mean the works to be executed in accordance with the Contract

or part thereof as the case may be and shall include extra, additional, altered or

substituted works as maybe required for the purposes of completion of the work

contemplated under the Contract.

SUBMISSION OF TENDER

Before submitting the Tender, the Tenderer shall at their own cost and expenses

visit the site, examine and satisfy as to the nature of the existing roads, means of

communications, the character of the soil, state of land and of the excavations, the

correct dimensions of the work facilities for procuring various construction and

other material and their availability, and shall obtain information on all matters

and conditions as they may feel necessary for the execution of the works as intended

by the Owners and shall also satisfy of the availability of suitable water for

construction of civil works and for drinking purpose and power required for fabrication

work etc. Tenderer, whose tender may be accepted and with whom the Contract is

entered into shall not be eligible and be able to make any claim on any of the said

counts in what so ever manner for what so ever reasons at any point of time and

such a claim shall not be raised as a dispute and shall not be arbitrable.

A pre-bid meeting may be held as per the schedule mentioned in the tender.

The Tenderer shall be deemed to have satisfied fully before tendering as to the

correctness and sufficiency of his tender for the works and of the rates and prices

quoted in the schedule of quantities which rates and prices shall except as otherwise

provided cover all his obligations under the contract.

It must be clearly understood that the whole of the conditions and specifications are

intended to be strictly enforced and that no work will be considered as extra work

and allowed and paid for unless they are clearly outside the scope, spirit, meaning of

2.18

3.

3.1

®

3.2

3.3

_____________________________________________________________________________


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® REVISION : PUR-024/13.02.2008

VI.17


HPCL, Mumbai

the Contract and intent of the Owner and have been so ordered in writing by

3.4

Owner and/or Engineer-in-Charge/Site-in-Charge, whose decision shall be final and binding.

Before filling the Tender the Contractor will check and satisfy all drawings and

materials to be procured and the schedule of quantities by obtaining clarification from

the Owner on all the items as may be desired by the Tenderer. No claim for any

alleged loss or compensation will be entertained on this account, after submission of

Tender by the Tenderer/Contractor and such a claim shall not be arbitrable.

®3.5 Unless specifically provided for in the tender documents or any Special Conditions, no escalation in the Tender rates or prices quoted will be permitted throughout

the period of contract or the period of actual completion of the job whichever is

later on account of any variation in prices of materials or cost of labour or due

to any other reasons. Claims on account of escalation shall not be arbitrable.

3.6 The quantities indicated in the Tender are approximate. The approved schedule of rates of the contract will be applicable for variations upto plus or minus 25% of the contract

value. No revision of schedule of rates will be permitted for such variations in the

contract value, including variations of individual quantities, addition of new items,

alterations, additions/deletions or substitutions of items, as mentioned above.

Quantities etc. mentioned and accepted in the joint measurement sheets shall alone

be final and binding on the parties.

Owner reserve their right to award the contract to any tenderer and their decision in

this regard shall be final. They also reserve their right to reject any or all tenders

received. No disputes could be raised by rejected.

any tenderer(s) whose tender has been

3.7

3.8 The Rates quoted by the Tenderer shall include Costs and expenses on all counts viz. cost of materials, transportation of machine(s), tools, equipments, labour,

power,

extent of

Administration charges, price escalations, profits, etc. etc. except to the

the cost of material(s), if any, agreed to be supplied by Owner and

mentioned specifically in that regard in condition of Contract, in which case, the cost

of such material if taken for preparation of the Contractor's Bill(s) shall be deducted

before making payment of the Bill(s) of the Contractor. The description given in the

schedule of quantities shall unless otherwise stated be held to include wastage

on materials, carriage and cartage, carrying in and return of empties, hoisting,

setting, fitting and fixing in position and all other expenses necessary in and for the

full and complete execution and completion of works and in accordance with good

practice and recognised principles in that regard.

Employees of the State and Central Govt. and employees of the Public Sector 3.9

Undertakings, including retired employees are covered under their respective service

conditions/rules in regard to their submitting the tender. All such persons should _____________________________________________________________________________


Purchase Manual

® REVISION : PUR-024/13.02.2008

VI.18


HPCL, Mumbai

ensure compliance to the respective/applicable conditions, rules etc. etc. Any

person not complying with those rules etc. but submitting the tender in violation of such rules, after being so noticed shall be liable for the forfeiture of the Earnest Money Deposit made with the tender, termination of Contract and sufferance on

account of forfeiture of Security Deposit and sufferance of result of termination of Contract.

damages arising as a

®3.10 In consideration for having a chance to be considered for entering into a contract with the Owner, the Tenderer agrees that the Tender submitted by him shall

remain valid for the period prescribed in the tender conditions, from the date of

opening of the tender. The Tenderer shall not be entitled during the said

validity period, to revoke or cancel the tender without the consent in writing

from the Owner.

In case the tenderer revokes or cancels the tender or varies any of terms of the tender

without the Consent of the Owner, in writing, the Tenderer forfeits the right to the

refund of the Earnest Money paid along with the tender.

®3.11 The prices quoted by the Tenderer shall be firm during the validity period of the

bid and Tenderer agrees to keep the bid alive and valid during the said period. The

Tenderers shall particularly take note of this factor before submitting their

tender(s).

3.12 The works shall be carried out strictly as per approved specifications. Deviations, if

any, shall have to be authorised by the Engineer-in-Charge/Site-in-Charge in writing

3.13

prior to implementing deviations. The price benefit, if any, arising out of the accepted

deviation shall be passed on to the Owner. The decision of Engineer-in-Charge

shall be final in this matter.

The contractor shall make all arrangements at his own cost to transport the required

materials outside and inside the working places and leaving the premises in a neat and

tidy condition after completion of the job to the satisfaction of Owner. All materials

except those agreed to be supplied by the Owner shall be supplied by the contractor at his own cost and the rates quoted by the Contractor should be inclusive of all

royalties, rents, taxes, duties, octroi, statutory levies, if any, etc. etc. 3.14 The Contractor shall not carry on any work other than the work under this Contract

within the Owner's premises

Engineer-in-Charge/Site-in-charge.

without prior permission in writing from the

3.15 The Contractor shall be bound to follow and ensure compliance to all the safety and security regulations and other statutory rules applicable to the area. In the event of

any damage or loss or sufference caused due to non-observance of such rules and

regulations, the contractor shall be solely responsible for the same and shall keep the

Owner indemnified against all such losses and claims arising from the same.

_____________________________________________________________________________


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VI.19


HPCL, Mumbai

3.16 At any time after acceptance of tender, the Owner reserves the right to add,

3.17

amend or delete any work item, the bill of quantities at a later date or reduce the scope of work in the overall interest of the work by prior discussion and intimation to

the Contractor. The decision of Owner, with reasons recorded therefor, shall be final

and binding on both the Owner and the Contractor. The Contractor shall not have

right to claim compensation or damage etc. in that regard. The Owner reserves the

right to split the work under this contract between two or more contractors without

assigning any reasons.

Contractor shall not be entitled to sublet, sub contract or assign, the work

under this Contract without the prior consent of the Owner obtained in writing.

All signatures in tender document shall be dated as well as all the pages of all

sections of the tender documents shall be initialled at the lower position and signed,

wherever required in the tender papers by the Tenderer or by a person holding Power

of Attorney of tender.

authorising him to sign on behalf of the tenderer before submission

3.18

3.19

®

The tender should be quoted in English, both in figures as well as in words. The rates

and amounts tendered by the Tenderer in the Schedule of rates for each item and in

such a way that insertion is not possible. The total tendered amount should also be

indicated both in figures and words with the signature of tenderer.

If some discrepancies are found between the rates given in words and figures of

the amount shown in the tender, the following procedure shall be applied :

(a)

(b)

(c)

When there is a difference between the rates in figures and words, the rate which corresponds to the amount worked out by the tenderer shall be taken

as correct.

When the rate quoted by the tenderer in figures and words tallies but the

amount is incorrect, the rate quoted by the tenderer shall be taken as

correct.

When it is not possible to ascertain the correct rate in the manner

prescribed above the rate as quoted in words shall be adopted.

3.20

3.21

All corrections and alterations in the entries of tender paper will be signed in full by the tenderer with date. No erasures or over writings are permissible.

Transfer of tender document by one intending tenderer to the another one is not

permissible. The tenderer on whose name the tender has been sent only can quote.

_____________________________________________________________________________


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VI.20


HPCL, Mumbai

3.22

4.

The Tender submitted by a tenderer if found to be incomplete in any or all

manner is liable to be rejected. The decision of the Owner in this regard is final

and binding. In case of any error/discrepancy in the amount written in words and

figures, the lower amount between the two shall prevail.

DEPOSITS

a) EARNEST MONEY DEPOSIT (EMD)

The tenderer will be required to pay a sum as specified in the covering letter,

as earnest money deposit alongwith the tender either thru a crossed demand

draft or a non-revokable Bank Guarantee in favour of Hindustan Petroleum

Corporation Limited, from any Scheduled Bank (other than a Co-Operative

Bank) payable at Mumbai in favour of Hindustan Petroleum Corporation

Limited, Mumbai in the proforma enclosed. The earnest money deposit will be

refunded after finalisation of the contract.

Note: Public sector enterprises and small scale units registered with National

Small Scale Industries are exempted from payment of Earnest Money

Deposit. Small scale units registered with National Small Scale Industries

should enclose a photocopy of their registration certificate with their quotation

to make their quotation eligible for consideration. The Registration Certificate

should remain valid during the period of the contract that may be entered

into with such successful bidder. Such tenderers should ensure validity of the

Registration Certificate for the purpose.

SECURITY DEPOSIT:

The tenderer, with whom the contract is decided to be entered into and

intimation is so given will have to make a security deposit of one percent

(1%) of the total contract value in the form of account payee crossed

® b)

demand draft drawn in favour of the Owner, within 15 days from the date of intimation of acceptance of their tender, failing which the Owner reserves the

right to cancel the Contract and forfeit the EMD.

1% of PO/Contract value as Security deposit will be acceptable in the form

of Demand draft upto Rs. 50,000/- and in the form of Demand draft / Bank

guarantee beyond Rs. 50,000/-.

Composite Performance Bank Guarantee (CPBG) for 10% of PO value

towards Performance Bank Guarantee inclusive of Security Deposit shall be

accepted (in lieu of deduction of retention money); such CPBG shall be

valid upto a period of 3 months beyond the expiry of defect liability period.

Demand Draft should be drawn on Scheduled Banks, other than

co-operative bank.

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5.

EXECUTION OF WORK

All the works shall be executed in strict conformity with the provisions of the

contract documents and with such explanatory details, drawings, specifications and

instructions as may be furnished from time to time to the Contractor by the

Engineer-in-Charge/ Site-in-Charge, whether mentioned in the Contract or not. The

Contractor shall be responsible for ensuring that works throughout are executed in

the most proper and workman- like manner with the quality of material and

workmanship in strict accordance with the specifications and to the entire

satisfaction of the Engineer-in- Charge/Site-in-Charge.

The completion of work may entail working in monsoon also. The contractor must

maintain the necessary work force as may be required during monsoon and plan to

execute the job in such a way the entire project is completed within the contracted

time schedule. No extra charges shall be payable for such work during

monsoon. It shall be the responsibility of the contractor to keep the construction

work site free from water during and off the monsoon period at his own cost

expenses.

For working on Sundays/Holidays, the contractor shall obtain the

and

necessary

5.a.

5.a.1.

5.a.2.

permission from Engineer Incharge/Site Incharge in advance. The contractor shall be permitted to work beyond the normal hours with prior approval of

Engineer-In-Charge/Site-In-Charge and the contractors quoted rate is inclusive of all

such extended hours of working and no extra amount shall be payable by the owner

on this account.

SETTING OUT OF WORKS AND SITE INSTRUCTIONS The Engineer-in-Charge/Site-in-Charge shall furnish the Contractor with only the four

corners of the work site and a level bench mark and the Contractor shall 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.

The Contractor shall provide, fix and be responsible for the maintenance of all

necessary stakes, templates, level marks, profiles and other similar things and

shall take all necessary precautions to prevent their removal or disturbance and shall

be responsible for consequences 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, either

existing or supplied and fixed by the Contractor. The work shall be set out to

the satisfaction of the Engineer-in-Charge/Site-in-Charge. The approval thereof or

joining in setting out the work shall not relieve the Contractor of his responsibility.

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5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all necessary reference and level posts, pegs, bamboos, flags ranging rods, strings and

other materials for proper layout of the work in accordance with the scheme,

for bearing marks acceptable to the Engineer-in-Charge/Site-in-Charge. The

Centre longitudinal or face lines and cross lines shall be marked by means of small

masonary pillars. Each pillar shall have distinct marks at the centre to enable

theodolite to be set over it. No work shall be started until all these points are

checked and approved by the Engineer-in-Charge/Site-in-Charge in writing. But

such approval shall not relieve the contractor of any of his 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.

Pillars bearing geodetic marks located at the sites of units of works under construction

should be protected and fenced by the Contractor.

On completion of works, the contractor shall submit the

according to which the work was carried out.

geodetic documents

5.a.4.

5.a.5.

5.a.6. The Engineer-in-Charge/Site-in-Charge shall communicate or confirm his instructions to the contractor in respect of the executions of work in a "work site order book"

maintained in the office having duplicate sheet and the authorised representative of

the contractor shall confirm receipt of such instructions by signing entries in the book.

the relevant

5.a.7.

5.a.8.

All instructions issued by the Engineer-in-Charge/Site-in-Charge shall be in writing. The Contractor shall be liable to carry out the instructions without fail.

If the Contractor after receipt of written instruction from the Engineer-in-Charge/

Site-in-Charge requiring compliance within seven days fails to comply with such

drawings or 'instructions' or both as the Engineer-in-Charge/Site-in-Charge may issue,

owner may employ and pay other persons to execute any such work whatsoever that

may be necessary to give effect to such drawings or `instructions' and all cost and

expenses incurred in connection therewith as certified by the Engineer-in-Charge/

Site-in-Charge shall be borne by the contractor or may be deducted from amounts due

or that may become due to the contractor under the contract or may be recovered

as a debt.

The Contractor shall be entirely and exclusively responsible for the horizontal and

vertical alignment, the levels and correctness of every part of the work and shall

rectify effectually any errors or imperfections therein. Such rectifications shall

be carried out by the Contractor, at his own cost.

In case any doubts arise in the mind of the Contractor in regard to any expressions,

interpretations, statements, calculations of quantities, supply of material rates,

PCL,

5.a.10.

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etc. etc., the contractor shall refer the same to the Site-in-Charge/

Engineer-in-Charge for his clarification, instructions, guidance or clearing of doubts. The decision of the Engineer-in-Charge/Site-in-Charge shall be final and the contractor

shall be bound by such a decision.

5.a.11. "The Contractor shall take adequate precautions, to ensure that his operations do not

create nuisance or misuse of the work space that shall cause unnecessary

disturbance or inconvenience to others at the work site".

5.a.12. "All fossils, coins articles of value of antiquity and structure or other remains of

geological or archaeological discovered on the site of works shall be declared to be the property of the Owner and Contractor shall take reasonable precautions to

prevent articles

his workmen or any other persons from removing or damaging any such or thing and shall immediately inform the Owner/

Engineer-in-Charge/Site-in-Charge."

"Contractor will be entirely 5.a.13. and exclusively responsible to provide and

maintain at his expenses all lights, guards, fencing, etc. when and where even necessary or/as required by the Engineer-in-Charge/Site-in-Charge for the

protection of works or safety and convenience to all the members employed at the site

or general public."

COMMENCEMENT OF WORK

The contractor shall after paying the requisite security deposit, commence work

within 15 days from the date of receipt of the intimation of intent from the Owner

informing that the contract is being awarded. The date of intimation shall be the

date/day for counting the starting day/date and the ending day/date will be

accordingly calculated. Penalty, if any, for the delay in execution shall be calculated

accordingly.

Contractor should prepare detailed fortnightly construction programme for

approval by the Engineer-in-Charge within one month of receipt of Letter Of Intent.

The work shall be executed strictly as per such time schedule. The period of

Contract includes the time required for testing, rectifications, if any, re-testing

and completion of work in all respects to Engineer-in-Charge.

the entire satisfaction of the

5.b.

A Letter of Intent is an acceptance of offer by the Owner and it need not be accepted by the contractor. But the contractor should acknowledge a receipt of the purchase

order within 15 days of mailing of Purchase Order and any delay in acknowledging

the receipt will be a breach of contract and compensation for the loss caused by such

breach will be recovered by the Owner by forfeiting earnest money deposit/bid bond.

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HPCL, Mumbai

5.c. 5.c.1.

SUBLETTING OF WORK

No part of the contract nor any share or interest thereof shall in any manner or

degree be transferred, assigned or sublet, by the Contractor, directly or indirectly

to any firm or corporation whatsoever, without the prior consent in writing of the

Owner.

At the commencement of every month the Contractor shall furnish to the

Engineer-in-charge/Site-in-Charge list of all sub-contractors or other persons or

firms engaged by the Contractor.

The contract agreement will specify major items of supply or services for which the

Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor may from

time to time propose any addition or deletion from any such list and will submit the

proposals in this regard to the Engineer-in-charge/Designated officer-in-charge for

approval well in advance so as not to impede the progress of work. Such approval of

the Engineer-in-charge/Designated officer-in-charge will not relieve the contractor

from any of his obligations, duties and responsibilities under the contract.

Notwithstanding any sub-letting with such approval as resaid and notwithstanding

that the Engineer-in-Charge shall have received copies of any sub-contract, the

Contractor shall be and shall remain solely to be responsible for the quality and proper

and expeditious execution of the works and the performance of all the conditions of

the contract in all respects as if such subletting or sub-contracting had not taken

place and as if such work had been done directly by the Contractor.

Prior approval in writing of the Owner shall be obtained before any change is made in

the constitution of the contractor/Contracting agency otherwise contract shall be

deemed to have been allotted in contravention of clause entitled "sub-letting of

works" and the same action may be taken and the same consequence shall ensue as

provided in the clause of "subletting of works".

EXTENSION OF TIME

1)

5.c.2.

5.c.3

5.c.4.

5.c.5

5.d

®

2)

If the Contractor anticipates that he will not be able to complete the work within the contractual delivery/ completion date (CDD), then the Contractor

shall make a request for grant of time extension clearly specifying the

reasons for which he seeks extension of time and demonstrating as to how

these reasons were beyond the control of the contractor or attributable to

the Owner. This request should be made well before the expiry of the

Contractual Delivery/ Completion Date (CDD).

If such a request for extension is received with a Bank Guarantee for the full

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5.e.

5.e.1.

Liquidated Damages amount calculated on the Total Contract Value, the concerned General Manager of the Owner shall grant a Provisional

extension of time, pending a decision on the request.

3) The concerned General Manager of the Owner shall expeditiously decide

upon the request for time extension and decide the levy of liquidated

damages within a maximum period of 6 months fom the CDD or date of

receipt of the request, whichever is later.

4) Grant of any extension of time shall be by means of issuance of a

Change Order.

5) In order to avoid any cash crunch to the Contractor, a Bank Guarantee

could be accepted against LD, as stated above. Once a decision is taken, the

LD shall be recovered from any pending bills or by encashment of the BG.

Any balance sum of Contractor or the BG (if LD is fully recovered from the

bills) shall be promptly refunded/returned to the Contractor.

SUSPENSION OF WORKS

Subject to the provisions of this contract, the contractor shall if ordered in writing

by the Engineer- in-Charge/Site-in-Charge for reasons recorded suspend the works

or any part thereof for such period and such time so ordered and shall not, after

receiving such, proceed with the work therein ordered to uspended until he shall have

received a written order to re-start. The Contractor shall be entitled to claim extension of time for that period of time the work was ordered to be suspended.

Neither the Owner nor the Contractor shall be entitled to claim compensation damages on account of such an extension of time.

In case of suspension of entire work, ordered in writing

Engineer-in-Charge/Site-in-Charge, for a

or

5.e.2. by

period of 30 days, the Owner shall

havethe option to terminate the Contract as provided under the clause fortermination.

The Contractor shall not be at liberty to remove from the site of the works any

plant or materials belonging to him and the Employer shall have lien upon all such

plant and materials.

The contract shall, in case of suspension have the right to raise a dispute and have

the same arbitrated but however, shall not have the right to have the work stopped

from further progress and completion either by the owner or through other contractor

appointed by the owner.

OWNER MAY DO PART OF WORK

Not withstanding anything contained elsewhere in this contract, the owner upon

failure of the Contractor to comply with any instructions given in accordance with

5.e.3.

5.f.

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of entire work, place additional labour force, tools, equipment and materials on

such parts of the work, as the Owner may decide or engage another Contractor to

carryout the balance of work. In such cases, the Owner shall have the right to deduct

from the amounts payable to the Contractor the difference in cost of such work and

materials with ten percent overhead added to cover all departmental charges.

Should the total amount thereof exceed the amount due to the contractor, the

Contractor shall pay the difference to the Owner within 15 days of making demand for

payment failing which the Contractor shall be liable to pay interest at 24% p.a. on

such amounts till the date of payment.

INSPECTION OF WORKS

The Engineer-in-Charge/Site-in-Charge and Officers from Central or State

Government will have full power and authority to inspect the works at any time

wherever in progress, either on the site or at the Contractor's premises/workshops

of any person, firm or corporation where work in connection with the contract may

be in hand or where the materials are being or are to be supplied, and the

Contractor shall afford or procure for the Engineer-in-Charge/Site-in-Charge every

facility and assistance to carryout such inspection. The Contractor shall, at all times

during the usual working hours and at all other times at which reasonable notice

of the intention of the Engineer-in-Charge/Site-in-Charge or his representative to visit

the works 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/Site-in-Charge before covering up or otherwise placing beyond

reach of inspection and measurement 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 inspection.

out such measurement and/or

5.g.

5.g.1.

5.g.2.

5.h.

5.h.1.

5.h.2.

No material shall be removed and despatched by the Contractor from the site without the prior approval in writing of the Engineer-in-charge. The contractor is to

provide at all times 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 adapt as directed for inspection or measurements of the works by the

Engineer-in-Charge/Site-in-Charge.

SAMPLES

The contractor shall furnish to the Engineer-in-charge/Site-in-Charge for approval

when requested or required adequate samples of all materials and finishes to be used

in the work.

Samples shall be furnished by the Contractor sufficiently in advance and before

commencenent of the work so as the Owner can carry out tests and

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5.i. 5.i.1.

examinations thereof and approve or reject the samples for use in the works. All

material samples furnished and finally used/applied in actual work shall fully be of

the same quality of the approved samples.

TESTS FOR QUALITY OF WORK

All workmanship shall be of the respective kinds described in the contract

documents and in accordance with the instructions of the Engineer-in-Charge /

Site-in- Charge and shall be subjected from time to time to such tests at Contractor's

cost as the Engineer-in-Charge/Site-in-Charge may direct at the place

manufacture or fabrication or on the site or at all or any such places.

Contractor shall provide assistance, instruments, labour and materials as

of

The

are

5.i.2.

normally required for examining, measuring and testing any workmanship as may be selected and required by the Engineer-in-Charge/Site-in-Charge.

All the tests that will be necessary in connection with the execution of the work as

decided by the Engineer-in- charge/Site-in-Charge shall be carried out at the

contractors cost and expenses.

If any tests are required to be carried out in 5.i.3. connection with the work or

materials or workmanship to be supplied by the owner, such tests shall be carried out

by the Contractor as per instructions of Engineer-in-Charge/Site-in-Charge expenses for such tests, if any, incurred by the contractor shall be reimbursed

the Owner. The contractor should file his claim with the owner

(fifteen) days

and by

within 15

of inspection/test and any claim made beyond that period shall

lapse and be not payable.

ALTERATIONS AND WORKS

AND ADDITIONS TO 5.j. SPECIFICATIONS, DESIGNS

5.j.1. The Engineer-in-Charge/Site-in-Charge shall have powers to make any alterations,

additions and/or substitutions to the schedule of quantities, the original specifications,

drawings, designs and instructions that may become necessary or advisable or

during the progress of the work and the Contractor shall be bound to carryout such

altered/extra/new items of work in accordance with instructions which may be given

to him in writing signed by the Engineer-in-Charge/Site- in-Charge. Such alterations,

omissions, additions or substitutions shall not invalidate the contract. The altered,

additional or substituted work which the Contractor may be directed to carryon in the

manner as part of the work shall be carried out by the Contractor on the same

conditions in all respects on which he has agreed to do the work. The time for

completion of such altered added and/or substituted work may be extended for that

part of the particular job. The rates for such additional altered or substituted

work under this Clause shall, be worked out provisions:

in accordance with the following

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5.j.2.

5.j.3.

If the rates for the additional, altered or substituted work are specified in the contract for similar class of work, the Contractor is bound to carryout the additional,

altered or substituted work at the same rates as are specified in the contract.

If the rates for the additional, altered or substituted work are not specifically provided

in the contract for the work, the rates will be derived from the rates for similar class

of work as are specified in the contract for the work. In the opinion of the

Engineer-in- Charge/Site-in-Charge as to whether or not the rates can be

reasonably so derived from the items in this contract, will be final and binding on the

Contractor.

If the rates for the altered, additional or substituted work cannot be determined in the

manner specified above, then the Contractor shall, within seven days of the date of

receipt of order to carry out the work, inform the Engineer-in-Charge/

Site-in-Charge of the rate at which he intends to charge for such class of work,

supported by analysis of the rate or rates claimed and the Engineer-In-Charge/

Site-in-Charge shall determine the rates on the basis of the prevailing market rates

for both material and labour plus 10% to cover overhead and profit of labour rates and

pay the Contractor accordingly. The opinion of the Engineer-in-

Charge/Site-in-Charge as to current market rates of materials and the quantum of

labour involved contractor.

per unit of measurement will be final and binding on the

5.j.4.

5.j.5. The quantities indicated in the Tender are approximate. The approved schedule of

5.j.6.

rates of the contract will be applicable for variations of upto +25% of the estimated contract value. No revision of schedule of rates will be permitted for such variations

in the contract value, even for variations of individual quantities, addition of new

items, alterations, additions/deletions or substitutions of items, as mentioned above.

(Already covered under Clause No. 3.6)

In case of any item of work for which there is no specification supplied by the

Owner and is mentioned in the tender documents, such work shall be carried out in

accordance with Indian Standard Specifications and if the Indian Standard

Specifications do not cover the same, the work should be carried out as per standard

Engineering Practice subject to the approval of the Engineer-in-Charge/ Site-in-Charge.

PROVISIONAL ACCEPTANCE

Acceptance of sections of the works for purposes of equipment erection, piping,

electrical work and similar usages by the Owner and payment for such work or parts

of work shall not constitute a waiver of any portion of this contract and shall not be

construed so as to prevent the Engineer from requiring replacement of defective

work that may become apparent after the said acceptance and also shall not absolve

the Contractor of the obligations under this contract. It is made clear that such an

acceptance does not indicate or denote or establish to the fact of execution of that

5.k.

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5.l. COMPLETION OF WORK AND COMPLETION CERTIFICATE

As soon as the work is completed in all respects, the contractor shall give notice of

such completion to the site in charge or the Owner and within thirty days of receipt

of such notice the site in charge shall inspect the work and shall furnish the

contractor with a certificate of completion indicating:

a)

b)

c)

defects, if any, to be rectified by the contractor

items, if any, for which payment shall be made in reduced rates

the date of completion.

5.m. USE OF MATERIALS AND RETURN OF SURPLUS MATERIALS

5.m.1. Notwithstanding anything contained to the contrary in any or all of the clauses of this contract, where any materials for the execution of the contract are procured with

the assistance of Government either by issue from Government stocks or purchase

made under orders or permits or licences issued by Government, the contractor shall

use the said materials economically and solely for the purpose of the contract and

shall not dispose them of without the permission of the Owner.

5.m.2. All surplus(serviceable) or unserviceable materials that may be left over after the

completion of the contract or at its termination for any reason whatsoever, the

Contractor shall deliver the said product to the Owner without any demur. The price

to be paid to the Contractor, if not already paid either in full or in part, however,

shall not exceed the amount mentioned in the Schedule of Rates for such material

and in cases where such rates are not so mentioned, shall not exceed the CPWD

scheduled rates. In the event of breach of the aforesaid condition the contractor

shall become liable for contravention of the terms of the Contract.

5.m.3. The surplus (serviceable) and unserviceable products shall be determined by joint

measurement. In case where joint measurement has failed to take place, the Owner

5.m.4.

may measure the same and determine the quantity.

It is made clear that the Owner shall not be liable to take stock and keep possession

and pay for the surplus and unserviceable stocks and the Owner may direct the

Contractor to take back such material brought by the Contractor and becoming

surplus and which the Owner may decide to keep and not to pay for the same.

DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 12 months from the

date of completion of the job. Any damage or defect that may arise or lie

undiscovered at the time of completion of the job shall be rectified or replaced by the

contractor at his own cost. The decision of the Engineer

5.n.

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to be rectified or replaced.

Equipment or spare parts replaced under warranty/guarantees shall have further

warranty for a mutually agreed period from the date of acceptance.

The owner shall intimate the defects noticed in writing by a Registered A.D. letter or

otherwise and the contractor within 15 days of receipt of the intimation shall start

the rectification work and complete within the time specified by the owner failing which the owner will get the defects rectified by themselves or by any other

contractor and the expenses incurred in getting Contractor under the provision of the Contract.

the same done shall be paid by the

Thus, defect liability is applicable only in case of job/works contract (civil, mechanical, electrical, maintenance etc. ) where any damage of defect may arise in

future (i.e. within 12 months from the date of undiscovered at the time of completion of job.

In other words, in case of service contracts (like car

completion of job) or lie

hire etc.) where there is no

5.o.

5.o.1.

question of damage or defect arising in future, the defect liability clause

applicable.

DAMAGE TO PROPERTY

is not

5.o.2.

6.

6.a.

Contractor shall be responsible for making good to the satisfaction of the Owner any loss of and any damage to all structures and properties belonging to the Owner or being

executed or procured by the Owner or of other agencies within the premises of 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.

The Contractors shall indemnify and keep the Owner harmless of all claims for

damage to Owner's property arising under or by reason of this contract.

DUTIES AND RESPONSIBILITIES OF CONTRACTOR

EMPLOYMENT LIABILITY TOWARDS WORKERS EMPLOYED BY THE

CONTRACTOR

The Contractor shall be solely and exclusively responsible for engaging or

employing persons for the execution of work. All persons engaged by the

contractor shall be on Contractor's payroll and paid by Contractor. All disputes or

differences between the Contractor.

Contractor and his/their employees shall be settled by

6.a.1

6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the

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Contractor. The Contractor shall

liability

indemnify Owner against any loss or damage or

arising out of or in the course of his/their employing persons or relation

with his/their employees. The Contractor shall make regular and full payment of

wages and on any complaint by any employee of the Contractor

contractor regarding non-payment of wages,

the right to

or his sub

salaries or other dues, Owner reserves

make payments directly to such employees or sub- contractor of the

Contractor and recover the amount in full from the bills of the Contractor and

the contractor shall not claim any compensation or reimbursement thereof. The Contractor shall comply with the Minimum Wages Act applicable to the area

of work site with regard to payment of wages to his employees and also to

employees of his sub contractor.

The Contractor shall advise in writing or in such appropriate way to all of his

employees and employees of sub-contractors and any other person engaged by him

that their appointment/employment is not by the Owner but by the Contractor and

that their present appointment is only in connection with the construction contract

with Owner and that therefore, such an employment/appointment would not

enable or make them eligible for any employment/appointment with the Owner

either temporarily or/and permanent basis.

NOTICE TO LOCAL BODIES

The contractor shall comply with and give all notices required under any

Government authority, instruction, rule or order made under any act of parliament,

state laws or any regulations or by-laws of any local authority relating to the

works.

FIRST AID AND INDUSTRIAL INJURIES

Contractor shall maintain first aid facility for his employees and those of his

sub-contractors.

Contractor shall make arrangements for ambulance service and for the treatment

of all types of injuries. Names and telephone numbers of those providing such

services shall be furnished to Owner prior to start of construction and their name

board shall be prominently displayed in Contractor's field office.

All 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.

SAFETY CODE

The Contractor shall at his own expenses arrange for the Safety provisions as may

be necessary for the execution of the work or as required by the

6.a.3.

6.b.

6.c.

6.c.1

6.c.2.

6.c.3.

6.d.

6.d.1.

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Engineer-in-Charge in respect of all labours directly

performance of the works and

or indirectly employed for

shall provide all facilities in

therewith. In case the contractor fails to make arrangements

connections and provide

6.d.2.

necessary facilities as aforesaid, the Owner shall be entitled to do so and recover the cost thereof from the Contractor.

From the commencement to the completion of the works, the contractor shall take

full responsibility for the care thereof and of all the temporary works (defined as

meaning all temporary works of every kind required in or for the execution,

completion or maintenance of the works). In case damage, loss or injury shall

happen to the works or to any part thereof or to temporary works or to any cause

whatsoever repair at his (Contractor's) own cost and make good the same so that at

the time of completion, the works shall be in good order and condition and in

conformity in every respect Engineer-in-Charge's instructions.

with the requirement of the contract and

6.d.3. In respect of all labour, directly or indirectly employed in the work for the

performance of the Contractor's part of this agreement, the contractor shall at his

own expense arrange for all the safety provisions as per relevant Safety Codes of

C.P.W.D Bureau of Indian Standards, the Electricity Act/I.E. Act and such other Acts as applicable.

The Contractor shall observe and abide by all fire and

Owner. Before starting

Rules. The Mines

6.d.4. safety regulations of the

construction work, the Contractor shall consult with

6.d.5.

Owner's Safety Engineer or Engineer-in-Charge/Site-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.

The Contractor will be fully responsible for complying with all relevant provisions of

the Contract Labour Act and shall pay rates of Wages and observe hours of

work/conditions of employment according to the rules in force from time to time.

The Contractor will be fully responsible for complying with the provision including

documentation and submission of reports on the above to the concerned 6.d.6.

authorities and shall indemnify the Corporation from any such lapse for which the Government will be taking action against them.

6.d.7. Owner shall on a report having been made by an inspecting Office as defined in

the Contract Labour Regulations 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(s) by reasons of non-fulfillment of conditions of contract

for the benefit of workers no-payment of wages or of deductions made from his or

their wages which are not justified by the terms of contract or non observance of the

said contractor's labour Regulation. _____________________________________________________________________________


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6.e. INSURANCE AND LABOUR Contractor shall at his own expense obtain and maintain an insurance policy with a

Nationalised Insurance Company to the satisfaction of the Owner as provided

hereunder.

6.e.1. EMPLOYEES STATE INSURANCE ACT

i. The Contractor agrees to and does hereby accept full and exclusive liability for

the compliance with all obligations imposed by Employees State Insurance Act,

1948, and the Contractor further agrees to defend indemnify and hold Owner

harmless from 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 from all

claims, suits or proceedings that may be brought against the Owner arising

under, growing out of or by reason of the work provided for by this contract

whether brought by employees of the Contractor, by third parties or by Central

or State Government authority or any political sub-division thereof.

ii. The Contractor agrees to file with the Employees State Insurance Corporation, the

Declaration forms and all forms which may be required in respect of the

Contractor's or sub-contractor's employee whose aggregate emuneration is

within the specified limit and who are employed in the work provided or those

covered by ESI Act under any amendment to the Act from time to time.

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 Employee's

State Insurance Act from wages and affix the employee's contribution cards at

wages payment intervals. The Contractor shall remit and secure the agreement

of the sub contractor to remit to the State Bank of India, Employee's State

Insurance Corporation Act.

Account, the Employee's contribution as required by the

iii. The Contractor agrees to maintain all 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.

The Owner shall retain such sum as may be necessary from the total contract

value until the Contractor shall furnish satisfactory proof that all contributions as required by the Employees State Insurance Act, 1948, have been paid.

WORKMAN'S

INSURANCE

COMPENSATION AND EMPLOYEE'S LIABILITY

iv.

v.

Provide Insurance for all the Contractor's employees engaged in the performance

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of this contract. If any of the work is sublet, the Contractor shall ensure that the

sub contractor provides workmen's compensation and Employer's Liability

Insurance for the latter's employees who are not covered under the Contractor's

insurance.

AUTOMOBILE LIABILITY INSURANCE

Contractor shall take out an Insurance to cover all risks to Owner for each of his

vehicles plying on works of this contract and these insurances shall be valid for

the total contract period. No extra payment will be made for this insurance.

Owner shall not be liable for any damage or loss not made good by the Insurance

Company, should such damage or loss result from unauthorised use of the

vi.

vehicle. The provisions of the Motor Vehicle Act would apply.

vii. FIRE INSURANCE

Contractor shall within two weeks after award of contract insure the Works,

Plant and Equipment and keep them insured until the final completion of the

Contract against loss or damage by accident, fire or any other cause with an

insurance company to be approved by the Employer/Consultant in the joint names

of the Employer and the Contractor (name of the former being placed first in

the Policy). Such Policy shall cover the property of the Employer only.

ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATION OR

BY OWNER

i.

6.e.2.

ii.

iii.

iv.

Contractor shall also provide and maintain any and all other insurance which

may be required under any law or regulations from time to time. He shall also

carry and maintain any other insurance which may be required by the Owner.

The aforesaid insurance policy/policies shall provide that they shall not be

cancelled till the Engineer-in-Charge has agreed to their cancellation.

The Contractor shall satisfy to the Engineer-in-Charge/Site-in-Charge from

time to time that he has taken out all insurance policies referred to above and

has paid the necessary premium for keeping the policies alive till the expiry of

the defects liability period.

The contractor shall ensure that similar insurance policies are taken out by

his sub-contractor (if any) and shall be responsible for any claims or losses to

the Owner resulting from their failure to obtain adequate insurance

protections in connection thereof. The contractor shall produce or cause to be proceed by his sub-contractor (if any) as the case may be, the relevant policy

or policies and premium receipts as and Engineer-in-Charge/Site-in-Charge.

when required by the

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6.e.3. LABOUR AND LABOUR LAWS i. The contractor shall at his own cost employ persons during the period of

contract and the persons so appointed shall not be construed under

circumstances to be in the employment of the Owner.

any

ii. All payments shall be made by the contractor to the labour employed by him in accordance with the various rules and regulations stated above. The

contractor shall keep the Owner indemnified from any claims whatsoever

inclusive of damages/costs or otherwise arising from injuries or alleged

injuries to or death of a person employed by the contractor or damages or

alleged damages to the property.

No labour below the age of eighteen years shall be employed on the work.

The Contractor shall not pay less than what is provided under the provisions of

the contract labour (Regulations and Abolition) Act, 1970 and the rules made

thereunder and as may be amended from time to time. He shall pay the

required deposit under the Act appropriate to the number of workman to be

employed by him or through sub contractor and get himself registered under

the Act. He shall produce the required Certificates to the Owner before

commencement of the work. The Owner recognises only the Contractor and

not his sub contractor under the provisions of the Act. The Contractor will

have to submit daily a list of his workforce. He will also keep the wage

register at the work site or/and produce the same to the Owner, whenever

desired. A deposit may be taken by the Owner from the Contractor to be

refunded only after the Owner is satisfied that all workmen employed by

the Contractor have been fully paid for the period of work in Owner's premises

at rates equal to or better than wages provided for under the Minimum Wages

Act. The contractor shall be responsible and liable for any complaints that

may arise in this regard and the consequences thereto.

The Contractor will comply with the provisions of the Employee's Provident

Fund Act and the Family Pension Act as may be applicable and as amended

from time to time.

The Contractor will comply with the provisions of the payment of Gratuity Act,

1972, as may be applicable and as amended from time to time.

IMPLEMENTATION OF APPRENTICES ACT, 1961

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

iii.

iv.

v.

vi.

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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

provision of the Act.

MODEL RULES FOR LABOUR WELFARE

The Contractor shall at his own expenses comply with or cause be complied

with Model rules for Labour Welfare as appended to those conditions or rules

framed by the Government from time to time for the protection of health

and for making sanitary arrangements for worker employed directly or

indirectly on the works. In case the contractor fails to make arrangements as

vii.

6.f.

6.f.1.

aforesaid the Engineer-in-Charge/Site-in-Charge shall be entitled and recover the cost thereof from the contractor.

DOCUMENTS CONCERNING WORKS

to do so

All documents including drawings, blue prints, tracings, reproducible models, plans, specifications and copies, thereof furnished by the Owner as well as all

drawings, tracings, reproducibles, plans, specifications design calculations etc.

prepared by the contractor for the purpose of execution of works covered in or

connected with this contract shall be the property of the Owner and shall not be used

by the contractor for any other work but are to be delivered to the Owner at the

completion or otherwise of the contract. The Contractor shall keep and maintain secrecy of the

issued to him for

6.f.2. documents, drawings etc.

the execution of this contract and restrict access to such

documents, drawings etc. and further the Contractor shall execute a SECRECY agreement from each or any person employed by the Contractor having access to

such documents, drawings etc. The Contractor shall not issue drawings and

documents to any other agency or individual without the written approval by

the Engineer-in-Charge/Site-in- Charge.

Contractor will not give any information or document etc. concerning details of the

work to the press or a news disseminating agency without prior written approval

from Engineer-in-charge/Site-in-Charge. Contractor shall not take any pictures on

site without written approval of Engineer-in-Charge/Site-in-Charge.

PAYMENT OF CONTRACTOR'S BILLS

Payments will be made against Running Accounts bills certified by the Owner's

Engineer-in-Charge/Site-in-Charge within 15 days from the date of receipt of the

bill..

Running Account Bills and the final bill shall be submitted by the Contractor

together with the duly signed measurements sheet(s) to the Engineer-in-Charge/

6.f.3.

7.

®7.1.

7.2.

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Site-in-Charge of the Owner in quadruplicate for certification.

The Bills shall also be accompanied by

quantities

quantity calculations in support of the

contained in the bill along with cement consumption statement,

actual/theoretical, wherever applicable duly Site-in-Charge of the Owner.

certified by the Engineer-in-Charge/

7.3. All running account payments shall be regarded as on account payment(s) to be

7.4.

finally adjusted against the final bill payment. Payment of Running Account Bill(s) shall not determine or affect in any way the rights of the Owner under this Contract

to make the final adjustments of the quantities of material, measurements of work

and adjustments of amounts etc.etc. in the final bill.

The final bill shall be submitted by the Contractor within one month of the date of

completion of the work fully and completely in all respects. If the Contractor fails to

submit the final bill accordingly Engineer-in-Charge/Site-in-Charge may make the

measurement and determine the total amount payable for the work carried out by the

Contractor and such a certification shall be final and binding on the Contractor.

The Owner/Engineer- in-Charge/Site-in-Charge may take the assistance of an

outside party for taking the measurement, the expenses of which shall be payable

by the Contractor.

Payment of final bill shall be made within 30 days from the date of receipt of the

certified bill by the Disbursement Section of the owner.

Wherever possible, payment shall be tendered to the contractor in electronic mode

(e-payment) through any of the designated banks. The contractor will comply by

furnishing full particulars of Bank acount (mandate) to which the payments will

be routed. Owner reserves the right to make payment in any alternate mode

also.

MEASUREMENT OF WORKS

All measurements shall be in metric system. All the works will be jointly measured

by the representative of the Engineer-in-Charge/Site-in-Charge and the Contractor

or their authorised agent progressively. Such measurement will be recorded in the

Measurement Book/Measurement Sheet by the Contractor or his authorised

representative and signed in token of acceptance by the Owner or their

authorised representative.

For the purpose of taking joint measurement, the Contractor/representative shall be

bound to be present whenever required by the Engineer-in-Charge/Site-in-Charge.

If, however, they are absent for any reasons whatsoever, the measurement will be

taken by the Engineer-in-Charge/Site-in-Charge or his representative and the same

7.5.

®7.6

7.a. 7.a.1.

7.a.2.

would be deemed to be correct and binding on the Contractor. _____________________________________________________________________________


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7.a.3. In case of any dispute as to the mode of measurement for any item of work, the latest Indian Standard Specifications shall be followed. In case of any further

dispute on the same the same shall be as per the certification of an outside

qualified Engineer/ Consultant. Such a measurement shall be final and binding on

the Owner and the Contractor.

BILLING OF WORKS EXECUTED

The Contractor will submit a bill in approved proforma in quadruplicate to the

Engineer-in-Charge/Site-in-Charge of the work giving abstract and detailed

measurement for the various items executed during a month, before the expiry of

the first week of the succeeding month. The Engineer-in-Charge/Site-in-Charge

shall take or cause to be taken the requisite measurements for the purpose of having

the bill verified and/or checked before forwarding the same to the disbursement

office of the Owner for further action in terms of the Contract and payment thereafter.

The Engineer-in-Charge/Site-in-Charge submission of the Bill by the Contractor.

RETENTION MONEY

shall verify the bills within 7 days of

7.b.

7.c.

10% of the total value of the Running Account and Final Bill will be deducted and retained by the Owner as retention money on account of any damage/defect

liability that may arise for the period covered under the defect liability period clause

of the Contract free of interest. 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 contractor or in workmanship shall be rectified

or replaced by the contractor at his own expense failing which the Owner shall be

entitled to rectify the said damage/defect from the retention money. Any excess of

expenditure incurred by the Owner on account of damage or defect shall be payable by

the Contractor. The decision of the Owner in this behalf shall not be liable to be

questioned but shall be final and binding on the Contractor.

Thus, deduction towards retention money is applicable only in case of job/works

contracts (civil, mechanical, electrical, maintenance etc.) where any damage or

defect may arise in future (i.e. within 12 months from the date of completion of job) or

lie undiscovered at the time of issue of completion certificate.

®7.d. STATUTORY LEVIES 7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all

®

taxes, duties, octroi, rates, cess, levies and statutory payments payable under all or

any of the statutes etc.

Variations of taxes and duties arising out of the amendments to the Central / State

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enactments, in respect of sale of goods / services covered under this bid shall be to HPCL's account, so long as :

•

•

They relate to the period after the opening of the price bid, but before the contracted completion period ( excluding permitted extensions due to delay on

account of the contractors, if any) or the actual completion period, whichever is

earlier; and

The vendor furnishes documentary evidence of incurrence of such variations, in

addition to the invoices/documents for claiming Cenvat /Input Tax credit,

wherever applicable.

All contributions and taxes for unemployment compensation, insurance and old age

pensions or annuities now or hereafter imposed by Central or State Governmental

authorities which are imposed with respect to or covered by the wages, salaries or

other compensations paid to the persons 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 laws, and

regulations and requirements of any Central, State or

authority.

Local Government agency or

Contractor further agrees to defend, indemnify and hold harmless from any liability or penalty which may be imposed by the Central, State or Local authorities by reason

of any violation by Contractor or sub-contractor of such laws, regulations or

requirements and also from all claims, suits or proceedings that may be brought

against the Owner arising under, growing out of, or by reasons of the work provided

for by this contract by third parties, or by Central or State Government authority

or any administrative sub-division thereof. The Contractor further agrees that in case

any such demand is raised against the Owner, and Owner has no way but to pay and

pays/makes payment of the same, the Owner shall have the right to deduct the same

from the amounts due and payable to the Contractor. The Contractor shall not

raise any demand or dispute in respect of the same but may have recourse to

recover/receive from the concerned authorities on the basis of the Certificate of the

Owner issued in that behalf.

7.d.2. The rates quoted should be inclusive of all rates, cess, taxes and sales tax on works

contracts wherever applicable. However, wherever the sales tax on works contract is

applicable and is to be deducted at source, the same will be deducted from the bills

of the Contractor and paid to the concerned authorities. The proof of such payments

of sales tax on works contract will be furnished to the contractor.

7.d.3. Income tax will be deducted at source as per rules at prevailing rates, unless

certificate, if any, for deduction at lesser rate or nil deduction is submitted by the

Contractor from appropriate authority. _____________________________________________________________________________


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® 7.d.4 The contractor shall provide accurate particulars of PAN number as required, to enable issuance of TDS (Tax Deduction at Source) certificate.

7.e. MATERIALS TO BE SUPPLIED BY CONTRACTOR

7.e.1. The Contractor shall procure and provide the whole of the materials required for

construction including tools, tackles, construction plant and equipment for the

completion and maintenance of the works except the materials viz. steel and cement

which may be agreed to be supplied as provided elsewhere in the contract. The

contractor shall make arrangement for procuring such materials and for the transport

thereof at their own cost and expenses.

7.e.2. The Owner may give necessary recommendation to the respective authority if so

desired by the Contractor but assumes no responsibility of any nature. The

Contractor shall procure materials of ISI stamp/certification and supplied by

7.e.3.

reputed suppliers borne on DGS&D list.

All materials procured should meet the specifications given in the tender document.

The Engineer-in-charge may, at his discretion, ask for samples and test certificates for any batch of any materials procured. Before procuring, the Contractor should

get the approval of Engineer-in-Charge/Site-in-Charge for any used for the works.

Manufacturer's certificate shall be submitted for all

materials to be

7.e.4. materials supplied by the

Contractor. If, however, in the opinion of the Engineer-in-Charge/Site-in-Charge any tests are required to be conducted on the material supplied by the Contractor,

these will be arranged by the Contractor promptly at his own cost.

MATERIALS TO BE SUPPLIED BY THE OWNER 7.f.

7.f.1. Steel and Cement maybe supplied by the Owner to the contractor against payment by Contractor from either godown or from the site or within work premises itself and

the contractor shall arrange for all transport to actual work site at no extra cost.

7.f.2. The contractor shall bear all the costs including loading and unloading, carting

from issue points to work spot storage, unloading, custody and handling and

stacking the same and return the surplus steel and

point after completion of job.

cement to the Owner's storage

7.f.3. The contractor will be fully accountable for the steel and cement received from the Owner and contractor will give acknowledgement/receipt for quantity of steel and

cement received by him each time he uplifts cement from Owner's custody.

For all computation purposes, the theoretical cement consumption shall be

considered as per CPWD standards. 7.f.4.

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7.f.5. Steel and Cement as received from the manufacturer/stockists will be

issued to the contractor. Theoretical weight of cement in a bag will be considered

as 50 Kg. Bags weighing upto 4% less shall be accepted by the contractor and considered as 50 Kg. per bag. Any shortage in the weight of any cement bag by

more than 4% will be to the Owner's account only when pointed out by the

Contractor and verified by Engineer-in-Charge/Site in Charge at the time of

Contract or taking delivery.

The contractor will be required to maintain a stock register for receipt, issuance and

consumption of steel and cement at site. Cement will be stored in a warehouse

at site. Requirement of cement on any day will be taken out of the warehouse.

Cement issued shall ISSUE.

be regulated on the basis of FIRST RECEIPT to go as FIRST

7.f.6.

7.f.7.

7.f.8.

Empty cement bag shall be the property of the Contractor. Contractor shall be penalised for any excess/under consumption of cement. The penal rate will be

twice the rate of issue of cement for this work.

All the running bills as well as the final bills will be accompanied by cement

consumption statements giving received and stock-on-hand.

the detailed working of the cement used, cement

7.f.9. The Contractor will be fully responsible for safe custody of cement once it is received by him and during transport. Owner will not entertain any claims of the

contractor for theft, loss or damage to cement while in their custody.

7.f.10. The contractor shall not remove from the site any cement bags at any time.

7.f.11. The Contractor shall advise Engineer-in-charge/Site-in-charge in writing atleast 21

days before exhausting the Cement stocks already held by Contractor to ensure that

such delays do not lead to interruptions in the progress of work.

7.f.12. Cement shall not be supplied by the Owner for manufacturing of mosaic tiles, precast cement jali and any other bought out items which consume cement and for

temporary works.

7.f.13. Cement in bags and in good usable condition left over after the completion of work

shall be returned by the contractor to the Owner. The Owner shall make payment to

the Contractor at the supply rate for such stocks of cement they accept and receive.

Any refused stock of cement shall be removed by the Contractor from the site at his

cost and expenses within 15 days of completion of the work.

8. 8.1.

PAYMENT OF CLAIMS AND DAMAGES Should the Owner have to pay money in respect of claims or demands as aforesaid

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8.2.

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 entitled to dispute or question

the right of the Owner to make such payments notwithstanding the same may have

been without his consent or authority or in law or otherwise to the contrary.

In every case in which by virtue of the provisions of Workmen's Compensation

Act, 1923, or other Acts, the Owner is obliged to pay Compensation to a

Workman employed by the Contractor in execution of the works, the Owner will

recover from the Contractor the amount of compensation so paid and without

prejudice to the rights of Owner under 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 contract or otherwise. The

Owner shall not be bound to contest any claim made under Section 12 sub section (1)

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.

ACTION AND COMPENSATION IN CASE OF BAD WORK

If it shall appear to the Engineer-in-Charge/Site-in-Charge that any work has been

executed with bad, imperfect or unskilled workmanship, or with materials, or that

any materials or articles provided by the Contractor for execution of the work are

not of standards specified/inferior quality to that contracted for, or otherwise not in

accordance with the contract, the CONTRACTOR shall on demand in writing from

the Engineer-in-Charge/Site-in-Charge or his authorised 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 at his own charge and cost and expenses

and in the event of failure to do so within a period of 15 days of such intimation/

information/knowledge, the Contractor shall be liable to pay compensation equivalent

to the cost of reconstruction by the Owner. On expiry of 15 days period mentioned

above, the Owner may by themselves or otherwise rectify or remove and re-execute

the work or remove and replace with others, the materials or articles complained

of as the case may be at the risk and expenses in all respects of the Contractor. The

decision of the Engineer-in- Charge/ Site-in-Charge as to any question arising under

this clause shall be final and conclusive and shall not be raised as a dispute or shall

be arbitrable.

INSPECTION AND AUDIT OF CONTRACT AND WORKS

This project is subject to inspection by various Government agencies of

Government of India. The contractor shall extend full cooperation to all the

Government and other agencies in the inspection of the works, audit of the Contract

and the documents of Contract Bills, measurements sheets etc. etc. and

examination of the records of works and make enquiries interrogation as they may

deem fit, proper and necessary. Upon inspection etc. by such agencies if it is

8.a.

8.b.

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pointed out that the contract work has not been carried out according to the

prescribed terms and conditions as laid down in the tender documents and if any recoveries are recommended, the same shall be recovered from the contractors

running bills/final bill/from ordered/suggested Security Deposit/retention money.

The Contractor shall not rise any dispute on any such account and the same shall not

be arbitrable.

CONTRACTOR TO INDEMNIFY THE OWNER

The Contractor shall indemnify the Owner and every member, officer and

employee of the Owner, also the Engineer-in-Charge/Site-in-Charge and his staff

against all the actions, proceedings, claims, demands, costs, expenses, whatsoever

arising out of or in connection with the works and all actions, proceedings, claims,

demands, costs, 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. The Contractor shall be liable for or in respect of or

in consequence of any accident or injury to any workmen or other person in the

employment of the Contractor or his sub contractor and Contractor shall indemnify

and keep indemnified the Owner against all such damages, proceedings, costs,

charges and expenses whatsoever in respect thereof or in relation thereto.

LIQUIDATED DAMAGES

i) In case of any delay in completion of the work beyond the CDD, the Owner shall be entitled to be paid Liquidated Damages by the Contractor.

The liquidated damages shall be initially at the rate of 0.5% (half percent) of

the total contract value for every week of the delay subject to a maximum

of 5% of the total contract value. The liquidated damages shall be

recovered by the Owner out of the amounts payable to the Contractor

or from any Bank Guarantees or Deposits furnished by the Contractor or

the Retention Money retained from the Bills of the Contractor, either

under this contract or any other contract.

The Contractor shall be entitled to give an acceptable unconditional Bank

Guarantee in lieu of such a deduction if Contractor desires any decision on a

request for time extension.

Once a final decision is taken on the request of the Contractor or otherwise,

the LD shall be applicable only on the basic cost of the contract and on each

full completed week(s) of delay (and for part of the week, a pro-rata LD

amount shall be applicable).

This final calculation of LD shall be only on the value of the unexecuted

portion/quantity of work as on the CDD.

9.

10.

®

ii)

iii)

iv)

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v)

Contractor agrees with the Owner, that the above represents a genuine pre-estimate of the damages which the Owner will suffer on account of delay

in the performance of the work by Contractor. The Contractor further

agrees that the LD amount is over and above any right which owner has to

risk purchase under Clause 12.4 and any right to get the defects in the work

rectified at the cost of the contractor.

11.

12.

12.1

12.2

DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY OWNER

The Contractor shall remain responsible and liable to make good all losses or damages

that may occur/appear to the work carried out under this Contract within a period of

12 months from date of issue of the Completion Certificate and/or the date of

Owner taking over the work, which ever is earlier. The Contractor shall issue a Bank

Guarantee to the Owner in the sum of 10% of the work entrusted in the Contract, from

any nationalised Bank acceptable to the Owner and if however, the Contractor

fails to furnish such a Bank Guarantee the Owner shall have right to retain the Security

Deposit and Retention Money to cover the 10% of the Guarantee amount under this

clause and to return/refund the same after the expiry of the period of 12 months without

any interest thereon.

TERMINATION OF CONTRACT

The owner may terminate the contract at any stage of the construction for reasons to

be recorded in the letter of termination.

The Owner inter alia may terminate the Contract for any or all of the following reasons

that the contractor

a)

b)

has abandoned the work/Contract.

has failed to commence the works, or has without any lawful excuse under

c)

d)

these conditions suspended the work for 15 consecutive days.

has failed to remove materials from the site or to pull down and replace the

work within 15 days after receiving from the Engineer written notice that

the said materials or work were condemned and/or rejected by the Engineer

under specified conditions.

has neglected or failed to observe and perform all or any of the terms acts,

matters or things under this Contract to be observed and performed by

the Contractor.

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e)

f)

g)

h)

i)

j) k)

has to the detriment of good workmanship or in defiance of the Engineer's

instructions to the contrary sub-let any part of the Contract.

has acted in any manner to the detrimental interest, reputation, dignity, name

or prestige of the Owner.

has stopped attending to work without any prior notice and prior permission for

a period of 15 days.

has become untraceable.

has without authority acted in violation of the terms and conditions of this

contract and has committed breach of terms of the contract in best judgement

of the owner.

has been declared insolvent/bankrupt.

in the event of sudden death of the Contractor.

12.3 The owner on termination of such contract shall have the right to appropriate the Security Deposit, Retention Money and invoke the Bank Guarantee furnished by the

contractor and to appropriate the same towards the amounts due and payable by the contractor as per the conditions of Contract and return to the contractor excess

money, if any, left over.

® 12.4 In case of Termination of the contract, Owner shall have the right to carry out the

unexecuted portion of the work either by themselves or through any other

contractor(s) at the risk and cost of the Contractor. In view of paucity of time,

Owner shall have the right to place such unexecuted portion of the work on any

nominated contractor(s). However, the overall liability of the Contractor shall be

restricted to 100 % of the total contract value.

12.5 The contractor within or at the time fixed by the Owner shall depute his authorised

representative for taking joint final measurements of the works executed thus far and

submit the final bill for the work as per joint final measurement within 15 days of the

date of joint final measurement. If the contractor fails to depute their

representative for joint measurement, the owner shall take the measurement with

their Engineer-in-Charge/Site-in-Charge or any other outside representatives.

Such a measurement shall not be questioned by the Contractor and no dispute can

be raised by the Contractor for purpose of Arbitration.

The Owner may enter upon and take possession of the works and all plant, tools,

scaffoldings, sheds, machinery, power operated tools and steel, cement and other

materials of the Contract at the site or around the site and use or employ the same for completion of the work or employ any other contractor or other person or persons to

12.6

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completion of the work or employ any other contractor or other person or persons to

complete the works. The Contractor shall not in any way object or interrupt or do any act, matter or thing to prevent or hinder such actions, other Contractor or

other persons employed for completing and finishing or using the materials and

plant for the works. When the works shall be completed or as soon thereafter the

Engineer shall give a notice in writing to the Contractor to remove surplus

materials and plant, if any, and belonging to the Contractor except as provided

elsewhere in the Contract and should the Contractor fail to do so within a period of

15 days after receipt thereof the Owner may sell the same by public auction and shall

give credit to the contractor for the amount realised. The Owner shall thereafter

ascertain and certify in writing under his hand what (if anything) shall be due or

payable to or by the Owner for the value of the plant and materials so taken

possession and the expense or loss which the Owner shall have been put to in

procuring the works, to be so completed, and the amount if any, owing to the

Contractor and the amount which shall be so certified shall thereupon be paid by the

Owner to the Contractor or by the Contractor to the Owner, as the case may, and the

Certificate of the Owner shall be final and conclusive between the parties.

When the contract is terminated by the Owner for all or any of the reasons mentioned

above the Contractor shall not have any right to claim compensation on account of

such termination.

FORCE MAJEURE

Any delay in or failure of the performance of either part hereto shall not constitute

default hereunder or give rise to any claims for damage, if any, to the extent such

delays or failure of performance is caused by occurrences such as Acts of God or

an enemy, expropriation or confiscation of facilities by Government authorities,

acts of war, rebellion, sabotage or fires, floods, explosions, riots, or strikes.

The Contractor shall keep records of the circumstances referred to above and bring

these to the notice of the Engineer-in-Charge/Site-in-Charge in writing

immediately on such occurrences. The amount of time, if any, lost on any of these

counts shall not be counted for the Contract period. Once decision of the Owner

arrived at after consultation with the Contractor, shall be final and binding. Such

a determined period of time be extended by the Owner to enable the Contractor to

complete the job within such extended period of time.

If Contractor is prevented or delayed from the performing any of its obligations

under this Agreement by Force Majeure, then Contractor shall notify Owner the

circumstances constituting the Force Majeure and the obligations performance of

which is thereby delayed events.

ARBITRATION

or prevented, within seven days of the occurrence of the

12.7

13. 13.1.

13.2.

14.

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time arise between the parties hereto touching or concerning the agreement, meaning,

operation or effect thereof or to the rights and liabilities of the parties or arising out of or

in relation thereto whether during or after completion of the contract or whether before

after determination, foreclosure, termination or breach of the agreement (other than those

in respect of which the decision of any person is, by the contract, expressed to be final

and binding) shall, after written notice by either party to the agreement to the other of

them and to the Appointing Authority hereinafter mentioned, be referred for adjudication

to the Sole Arbitrator to be appointed as hereinafter provided.

®14.2 The appointing authority shall either himself act as the Sole Arbitrator or nominate some officer/retired officer of Hindustan Petroleum Corporation Limited (referred to

as owner or HPCL) or a retired officer of any other Government Company in the Oil

Sector of the rank of Ch. Manager & above or any retired officer of the Central

Government not below the rank of a Director, to act as the Sole Arbitrator to

adjudicate the disputes and differences between the parties. The contractor/vendor

shall not be entitled to raise any objection to the appointment of such person as the

Sole Arbitrator on the ground that the said person is/was an officer and/or shareholder

of the owner, another Govt. Company or the Central Government or that he/she has to

deal or had dealt with the matter to which the contract relates or that in the course of

his/her duties, he/she has/had expressed views on all or any of the matters in dispute or

difference.

14.3

14.4

14.5

14.6

14.7

In the event of the Arbitrator to whom the matter is referred to, does not accept the

appointment, or is unable or unwilling to act or resigns or vacates his office for any

reasons whatsoever, the Appointing Authority aforesaid, shall nominate another

person as aforesaid, to act as the Sole Arbitrator.

Such another person nominated as the Sole Arbitrator shall be entitled to proceed with

the arbitration from the stage at which it was left by his predecessor. It is expressly

agreed between the parties that no person other than the Appointing Authority or a

person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator.

The failure on the part of the Appointing Authority to make an appointment on time

shall only give rise to a right to a Contractor to get such an appointment made and not

to have any other person appointed as the Sole Arbitrator.

The Award of the Sole Arbitrator shall be final and binding on the parties to the

Agreement.

The work under the Contract shall, however, continue during the Arbitration proceedings

and no payment due or payable to the concerned party shall be withheld (except to the

extent disputed) on account of initiation, commencement or pendency of such

proceedings.

The Arbitrator may give a composite or separate Award(s) in respect of each dispute or

difference referred to him and may also make interim award(s) if necessary.

®14.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by

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the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The

lumpsum fees of the Arbitrator shall be Rs. 40,000/- per case for transportation

contracts and Rs. 60,000/- for engineering contracts and if the sole Arbitrator

completes the arbitration including his award within 5 months of accepting his

appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable

actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid

stagewise i.e. 25% on acceptance, 25% on completion of pleadings/documentation,

25% on completion of arguments and balance on receipt of award by the parties

Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or

any statutory modification or re-enactment thereof and the rules made thereunder, shall

apply to the Arbitration proceedings under this Clause.

14.9

14.10 The Contract shall be governed by and constructed according to the laws in force in India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at

_______ (say Mumbai*) for all purposes. The Arbitration shall be held at ________ (say

Mumbai*) and conducted in English language.

14.11 The Appointing Authority is the Functional Director of Hindustan Petroleum

Corporation Limited.

(Note:- * = While printing the GTCs, each Purchasing Authorities at various location,

may mention the correct place before printing the GTC and not leave Clause 14.10 blank

or as stated above. Bracketed portion is to be removed.

15.

15.1.

GENERAL

Materials required for the works whether brought by the or supplied by the Owner shall

be stored by the contractor only at places approved by

Engineer-in-Charge/Site-in-Charge. Storage and safe custody of the material shall be the

responsibility of the Contractor.

Owner and/or be entitled at any

Engineer-in-Charge/Site-in-Charge connected with the contract, shall time to inspect and examine any materials intended to be used in or

15.2.

15.3.

on the works, either on the site or at factory or workshop or at other place(s)

manufactured or at any places where these are laying or from which these are being

obtained and the contractor shall give facilities as may be required for such inspection

and examination.

In case of any class of work for which there is no such specification supplied by the owner

as is mentioned in the tender documents, such work shall be carried out in accordance

with Indian Standard Specifications and if the Indian Standard Specifications do not

cover the same the work should be carried out as per standard Engineering practice

subject to the approval of the Engineer-in-Charge/Site-in-Charge.

Should the work be suspended by reason of rain, strike, lockouts or other cause the 15.4.

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15.5

contractor shall take all precautions necessary for the protection of the work and at his own expense shall make good any damages arising from any of these causes.

The contractor shall cover up and protect from injury from any cause all new work also

for supplying all temporary doors, protection to windows and any other requisite

protection for the whole of the works executed whether by himself or special

tradesmen or subcontractors and any damage caused must be made good by the

contractors at his own expense.

If the contractor has quoted the items under the deemed exports, then it will be the responsibility of the contractor to get all the benefits under deemed exports from the

Government. The Owner's responsibility shall only be limited to the issuance of

15.6

required certificates. The quotation will be unconditional and phrases like "subject to

availability of deemed exports benefit" etc. will not find place in it.

®16. Integrity Pact : Effective 1 st September, 2007, all tenders and contracts shall comply

with the requirements of the Integrity Pact (IP) if the value of such tenders or contracts

exceed Rs.1 crore. Failure to sign the Integrity Pact shall lead to outright rejection of

bid.

# 17. Grievances of parties participating or intend to participate in the tender shall be

addressed in writing to the officer designate of the Grievance Redressal Cell

where the tenders have to be submitted within the stipulated period. mechanism of Grievance Redressal is available on the HPCL website.

Detailed

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\\Nmumfil01\project\WIP\4401-5100\4401-5100_Procurement\EPCM Tender\Site contracts\Hill cutting works\01_05_BG formats.doc Page 1 of 1

HINDUSTAN PETROLEUM CORPORATION LTD.

MUMBAI REFINERY

DIESEL HYDROTREATING PROJECT

FORMAT OF SPECIMEN BANK GUARANTEES (BG) & INTEGRITY

PACT (IP)

ANNEXURE - 8

(SPECIMEN)

BANK GUARANTEE FOR MOBILISATION ADVANCE

(On Non-Judicial stamp paper of appropriate value)

Hindustan Petroleum Corporation Ltd.,

(Address as applicable)

1. In consideration of M/s Hindustan Petroleum Corporation Ltd., Government of IndiaCompany registered under the Companies Act, 1956 having its Registered Office at 17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called the "Corporation"which expression shall include its successors in business and assigns having placed anorder on M/s ___________________________________ a partnership firm/soleproprietor/a Company registered under the Companies Act 1956, having its office at________(complete address) ______________ (hereinafter called "thesupplier/contractor" (which expression shall include its successors in business andassigns) vide Purchase Order No. _________________ dated __________________ for(specify nature of job) ________________ (hereinafter called "the Order" whichexpression shall include any amendments / alterations thereto as issued by "theCorporation") for the supply of goods to/the execution of service for "theCorporation" and having agreed to pay the suppliers as and by way of advance upto asum of Rupees __________________ being _________ % of the value of "the Order" in terms of "the order" on production of an acceptable Bank Guarantee for an amount ofRs. _________________.

2. We, __________________ Bank (hereinafter referred to as "the Bank") , do at the requestand on behalf of "The Suppliers / Contractor" hereby agree to pay to "the Corporation"without any demur on first demand an amount not exceeding Rs. ________ (inwords) against any loss or damage, costs, to or suffered by "the Corporation" by reason ofany breach on the part of "the Supplier/Contractor" of any of the terms and conditionsof the said "Order".

_____________________________________________________________________________Annexure 8 ( Bank Gaurantee and Mobilisation Advance) Systems & ProceduresPurchase Manual VI.52 HPCL, Mumbai

# REVISION (Effective 01/05/2001)

3. We, ________________ Bank, further agree that "the Corporation" shall be thesole judge whether the said "Supplier/Contractor" has committed breach of any ofthe terms and conditions of "the Order" and the extent of loss, damage, cost, chargesand expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in favour of "the Corporation" all therights and defense to which we as guarantors and/or the supplier may be entitled to.

4. We, __________________ Bank, further agree that the amount demanded by "theCorporation" as such shall be final and binding on "the Bank" as to "the Bank's"liability to pay the amount demanded and "the Bank" undertake to pay "theCorporation" the amount so demanded on first demand without any demurnotwithstanding any dispute raised by "the Supplier/Contractor" or any suit or otherlegal proceedings including arbitration pending before any court, tribunal or arbitratorrelating thereto, our liability under this guarantee being absolute and unconditional.

5. We, _____________ Bank, further agree that the guarantee herein contained shallremain in full force and continue to have full effect so long as the said amount remains unadjusted.

6. We, _______________ Bank, further agree with "the Corporation" that "theCorporation" shall have the fullest liberty without any consent and without affecting inany manner our obligations hereunder to vary any of the terms and condition of thesaid "Order" or to extended time of performance by "the Supplier/Contractor" fromtime to time or to postpone for any time or from time to time any of the powersexercisable by "the Corporation" against "the Supplier / Contractor" and to forbearto enforce any of the terms and conditions relating to "the Order" and we shall not berelieved from our liability by reason of any such variation or extension being grantedto "the Corporation" or for any forbearance, act or omission of "theSupplier/Contractor" or any such matter of things, whatsoever which under thelaw relating to sureties would, but for these provisions, have the effect of relieving us.

7. We, __________________ Bank, hereby lastly undertake not to revoke this guaranteeduring its currency except with the previous consent of "the Corporation" in writing.

8. Not withstanding anything contained herein above :

i) Our liability under this guarantee shall not exceed Rs..........



ii) This Bank Guarantee shall be valid upto and including .......; and

iii) We are liable to pay the guarantee amount or any part thereof under thisBank Guarantee only and only if you serve upon us a written claim or demand onor # before the expiry of 30 days from the date of expiry of this guarantee.

9. This guarantee shall not be determined or affected by the liquidation or windingup, dissolution or change of constitution or insolvency of "the Supplier/Contractor",but shall in all respects and/for all purposes be binding and operative on "the Bank"until payment of all moneys payable by "the Supplier/Contractor" in terms thereof.

10. "The Bank" has power to issue this guarantor in favour of "the Corporation" in terms of the documents and/or the agreement/contract or MOU entered into between "the Supplier/Contractor" and "the Bank" in this regard.

IN WITNESS whereof, Bank of _________________, has executed this document at____________________ on _________________ 199 .

____________________________ (FOR _________ BANK)

(by its constituted attorney) (signature of a person authorized to sign on behalf of "the Bank")



ANNEXURE -9

(SPECIMEN)

BANK GUARANTEE FOR ADVANCES

(on non-judicial stamp paper of appropriate value)

To, Hindustan Petroleum Corporation Ltd.,


In CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATIONLIMITED, a Government of India Company registered under the Companies Act 1956,having its registered office at 17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called"the Corporation" which expression shall include its successors in business and assigns)having placed an order on Messrs ___________________ a partnership firm/sole proprietorbusiness/ a company registered under the Companies Act, 1956 having its office at _______________________ (hereinafter called "the Supplier" which expression shallinclude its successors and assigns) vide Order No. ____________ dated _________(hereinafter called "the Order" which expression shall include any amendments/alterations thereto as issued by "the Corporation") for the supply of goods/tothe execution of Service for "the Corporation" and having agreed to pay the supplier as and byway of advance upto a sum of Rs. _________ (Rupees____________________________________ only ) being _____ % of the value of theorder in terms of "the Order" on production of an acceptable Bank Guarantee for an amountof Rs. ____________ (Rupees __________________________________ only)

1. We, ____________________ Bank having office at _________________(hereafter referred to as "the Bank") do at the request and on behalf of "the Supplier's"hereby agree to pay "the Corporation" without any demur on first demand an amount not exceeding Rs. _________ (Rs. ______________________ only) againstany loss or damage, costs, charges and expenses caused to or suffered or would be caused to or suffered by "the Corporation" by reason of any breachon the part of "the Supplier" of any of the terms and conditions of the said order.

_____________________________________________________________________________Annexure 9 ( Bank Guarantee for Advances) Systems & ProceduresPurchase Manual VI.55 HPCL, Mumbai


2. We, _______________ Bank further agree that "the Corporation" shall be sole judgewhether the said "Supplier" has committed breach of any of the terms and conditions of"the Order" and the extent of loss, damage, cost charges and expenses suffered orincurred or would be suffered or incurred by "the Corporation" on account thereof andwe waive in favour of "the Corporation" all the rights and defences to which we asguarantors and/or "the Supplier" may be entitled to.

3. We, ___________________ Bank further agree that the amount demanded by "theCorporation" as such shall be final and binding on "the Bank" as to "the Bank's" liabilityto pay and amount demanded and "the Bank" undertake to pay "the Corporation" theamount so demanded on first demand and without any demur notwithstanding anydispute raised by "the Supplier" or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator relating thereto, our liabilityunder this guarantee being absolute and unconditional. (We __________________ Bank further agree that the guarantee herein contained shall remain in full force andcontinue to have full effect so long as the said amount remains unadjusted, provided, however, the value of the guarantee shall progressively reduce upon anyadjustments being made by "the Corporation" against the said advance and "theCorporation" rights shall extend only to the value of the unadjusted amount.

4. We, __________________ Bank further agree with "the Corporation" that "theCorporation" shall have the fullest liberty without our consent and without affecting inany manner our obligations hereunder to vary any of the terms and conditions of thesaid "order"/or to extend time of performance by "the Supplier" from time to time orto postpone for any time or from time to time any of the powers exercisable by "theCorporation" against "the Supplier" and to forbear to enforce any of the terms andconditions relating to "the Order" and we shall not be relieved from our liability byreason of any such variation or extension being granted to "the Supplier" or for anyforbearance, act or omission on "the Supplier" or by any such matter or thingswhatsoever which under the law relating to suretics would be for this provisions have theeffect of relieving us.


i) Our liability under this guarantee shall not exceed Rs.......... ii) This Bank Guarantee shall be valid upto and including .......; and iii) We are liable to pay the guarantee amount or any part thereof under this Bank

Guarantee only and only if you serve upon us a written claim or demand on or #before the expiry of 30 days from the date of expiry of this guarantee

6. We, ________________ Bank further undertake not to revoke this guarantee during itscurrency except with the previous consent of "the Corporation" in writing.



7. We, ____________________ Bank lastly agree that "the Bank" liability under thisguarantee shall not be affected by any change in the constitution of "the Supplier".

8. We, _________________ Bank has power to issue this guarantee in favour of "theCorporation" in terms of the documents and/or the agreement/contract or MOU entered into between"the supplier" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this ________________day of ___________________

____________________________

(FOR _________ BANK) (by its constituted attorney) (signature of a person authorized to sign on behalf of "the Bank")



ANNEXURE - 10

(SPECIMEN)

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER / CONTRACTOR

(on non-judicial stamp paper of appropriate value)

To,

Hindustan Petroleum Corporation Ltd., (Address as applicable)

IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD. a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called "the Corporation" which expression shall include its successors and assigns) having awarded to M/s ___________________________________________________ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at ______________________________ (hereinafter referred to as "the Supplier" which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia, of "the Corporation's" Order No. ____________ dated __________________ and the General purchase conditions of "the Corporation" and upon the condition of "supplier's" furnishing security for the performance of "the Supplier's" obligations and/or discharge of "the supplier's" liability under and/or in connection with the said supply contract upto a sum of Rs. _______________ (Rupees_____________________) amounting to 10% (ten percent) of the total contract value.

We, ______________________ (hereinafter called "the Bank" which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to "the Corporation" in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by "the Supplier" to "the Corporation" under, in respect of or in connection with the said supply contract inclusive of all the Corporation's losses and damage and costs, (inclusive between attorney and client) charges, and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by "the Corporation" to the Bank with reference to this Guarantee upto and aggregate limit of Rs.___________ (Rupees __________________________ ) and "the Bank" hereby agrees with "the Corporation" that:

_____________________________________________________________________________Annexure 10 ( Bank Gaurantee for Perf. Of Supplier/Contractor) Systems & ProceduresPurchase Manual VI.58 HPCL, Mumbai


1. This Guarantee/Undertaking shall be a continuing Guarantee / Undertaking and shall remain valid and irrecoverable for all claims of "the Corporation" and liabilities of "the Supplier" arising upto and until midnight of _______________

2. This Guarantee/Undertaking shall be in addition to any other guarantee or security whatsoever that "the Corporation" may now or any time anywise have in relation to "the Supplier's obligation/liabilities under and/or connection with the said supply contract, and "the Corporation" shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of "the Corporation" to enforcing or requiring enforcement to any other security shall have the effect of releasing "the Bank" from its full liability hereunder.

3. "The Corporation" shall be at liberty without reference to "the Bank" and without affecting the full liability of "the Bank" hereunder to take any other security in respect of "the Supplier's" obligation and/or liabilities under or in connection with the said supply contract and to vary the term vis-a-vis "the supplier" of the said supply contract or to grant time and/or indulgence to "the Supplier" or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of "the supplier" under the said supply contract and/or the remedies of "the Corporation" under any other security(ies) now or hereafter held by "the Corporation" and no such dealing(s), variation(s) or other indulgence(s) or agreement(s) with "the supplier" or release of forbearance whatsoever shall have the effect of releasing "the Bank" from its full liability to "the Corporation" hereunder or of prejudicing rights of "the Corporation" against "the Bank".

4. This Guarantee/Undertaking shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of "the supplier" but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to "the Corporation" in terms hereof.

5. "The Bank" hereby waives all rights at any time inconsistent with the terms of this Guarantee/Undertaking and the obligations of "the Bank" in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by "the suppliers" (whether or not pending before any arbitrator, officer, tribunal or court) or any denial of liability by "the supplier" or any other order of communication whatsoever by "the supplier" stopping or preventing or purporting to stop or prevent any payment by "the Bank" to "the Corporation" in terms hereof.



6. The amount stated in any notice of demand addressed by "the Corporation" to "the Bank" as liable to be paid to "the Corporation" by "the supplier" or as suffered or incurred by "the Corporation" on account of any losses or damages or costs, charges/and/or expenses shall be as between "the Bank" and "the Corporation" be conclusive of the amount so liable to be paid to "the Corporation" or suffered or incurred by "the Corporation", as the case may be, and payable by "the Bank" to "the Corporation", in terms hereof.


i) Our liability under this guarantee shall not exceed Rs..........

ii) This Bank Guarantee shall be valid upto and including .......; and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or # before the expiry of

30 days from the date of expiry of this guarantee.

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the agreement/contract or MOU entered into between "the supplier" and "the Bank" in this regard.

IN WITNESS Where of __________________ Bank, has executed this document at ________________ on _______________ 199 .

____________________________ Bank

(by its constituted

attorney) (signature of a

person authorized to sign

on behalf of "the Bank")



ANNEXURE - 11

(SPECIMEN)

COMPOSITE BANK GUARANTEE FOR MOBILISATION ADVANCE, SECURITY DEPOSIT/RETENTION MONEY/PERFORMANCE GUARANTEE


TO : Hindustan Petroleum Corporation Limited (Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION

LIMITED, a Government of India Company registered under the

Companies Act, 1956, having its registered office at 17,

Jamshedji Tata Road, Bombay-20 (hereinafter called "The

Corporation" (which expression shall include its successor in

business and assigns) having placed an order on

Messers ............................ a partnership firm/sole

proprietor business/a company registered under the Companies Act,

1956 having its office at .............. (hereinafter called "the

supplier" (which expression shall include executors,

administrators and assigns) vide order No.......................

dated.............. (hereinafter called "the order" which

expression shall include any amendments/alterations to "the

order" issued by "the Corporation") for the supply of goods

to/execution of services for "the Corporation" and "the

Corporation" having agreed :

a) not to insist upon immediate payment of Security deposit for

the fulfilment and performance of the said order

b) to pay "the supplier" as and by way of advance upto a sum of

Rupees__________ (Rupees _____________________________ only)

being ____% of the value of "the order";

c) that "the supplier" shall furnish a security for the

performance of "the supplier's" obligations and/or discharge

of "the supplier's" liability in connection with the said

"order"; and "the Corporation" having agreed with "the

supplier" to accept a composite Bank Guarantee for the

mobilisation advance, security deposit, retention money and

performance guarantee.

_____________________________________________________________________________Annexure 11 (Composite Bank Gaurantee for Mobil. Systems & ProceduresPurchase Manual Advance,Security Dep. Etc.) VI.61 HPCL, Mumbai


We, .................................................... Bank

having office at ............................................

(hereinafter referred to as "the Bank" which expression shall

includes its successors and assigns) at the request and on behalf

of "the supplier" hereby agree to pay to "the Corporation"without

any demur on first demand an amount not exceeding Rs...........

(Rupees.............................only) against any loss or

damage, costs, charges and expenses caused to or suffered by "the

Corporation" by reason of non performance and fulfilment or for

any breach on the part of "the supplier" of any of the terms and

conditions of the said "order".

2. We, ............................. Bank further agree that

"the Corporation" shall be sole judge whether the said

"Supplier" has failed to perform or fulfill the said "order"

in terms thereof or committed breach of any terms and

conditions of "the order" and the extent of loss, damage,

cost, charges and expenses suffered or incurred or would be

suffered or incurred by "the Corporation" on account thereof

and we waive in the favour of "the Corporation" all the

rights and defences to which we as guarantors and/or "the

Supplier" may be entitled to.

3. We, ................................. Bank further agree

that the amount demanded by "the Corporation" as such shall

be final and binding on "the Bank" as to "the Bank" 's

liability to pay and the amount demanded and "the Bank"

undertake to pay "the Corporation" the amount so demanded on

first demand and without any demur notwithstanding any

dispute raised by "the Supplier" or any suit or other legal

proceedings including arbitration pending before any court,

tribunal or arbitrator relating thereto, our liability under

this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree

with "the Corporation" that "the Corporation" shall have the

fullest liberty without our consent and without affecting in

any manner our obligations hereunder to vary any of the terms

and conditions of the said "order"/or to extend time of

performance by "the Supplier" from time to time or to



postpone for any time to time any of the powers exercisable

by "the Corporation" against "the Supplier" and to forbear to

enforce any of the terms and conditions relating to "the

order" and we shall not be relieved from our liability by

reason of any such variation or extension being granted to

"the Supplier" or for any forbearance, act or ommission on

the part of "the Corporation" or any indulgence by "the

Corporation" to "the Supplier" or by any such matter or

things whatsoever which under the law relating to sureties

would but for this provision have the effect of relieving us.

5. However, it has been agreed between "the Supplier" and "the

Corporation" that there shall be only one Composite Bank

Guarantee for both the advance and security deposit

performance guarantee/Retention Money @ of ____% valid till

the end of the defects liability period as per the terms of

the P.O. No. _______________ dated ______________ and that in

proportion with the recovery of advance @ ______% per bill

the same amount/value automatically stands credited to the

defects liability account/security deposit or retention money

as the case may be and will continue to be credited/treated

till the entire advance of Rs._______________________ is

fully recovered from the running bills and from the date of

full recovery of the advance of Rs.__________________ this

guarantee automatically, shall stand valid towards the ____%

retention money/defects liability, fully valid in all

® respects unto a further period of 3 (three) months, as

per the Purchase Order of "the Corporation".


i) Our liability under this guarantee shall not exceed

Rs..........

ii) This Bank Guarantee shall be valid upto and

including .......; and

iii) We are liable to pay the guarantee amount or any part

thereof under this Bank Guarantee only and only if you serve

upon us a written claim or demand on or before the expiry of


_____________________________________________________________________________Annexure 11 (Composite Bank Gaurantee for Mobil. Systems & Procedures Advance,Security Dep. Etc.) HPCL, MumbaiPurchase Manual VI.63 ® REVISION : PUR-030/22.08.2008

7. We, ........................................ Bank further

undertake not to revoke this guarantee during its currency

except with the previous consent of "the Corporation" in

writing.

8. We, ......................................... Bank lastly

agree that "the Bank"'s liability under this guarantee shall

not be affected by any change in the constitution of "the

Supplier".

9. "The Bank" has power to issue this guarantee in favour of

"the Corporation" in terms of the documents and/or the

Agreement/Contract or MOU entered into between "the Supplier"

and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this

............................. day of ...........................

For ........................ Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of "the Bank")*



ANNEXURE - 12 (SPECIMEN)

(INDEMNITY BOND)

(TO BE NOTORISED AND ON STAMP PAPER OF APPROPRIATE VALUE)

TO,

HINDUSTAN PETROLEUM CORPN. LTD.


Dear Sirs,

WHEREAS Hindustan Petroleum Corporation Limited, a Government of India Company, registered under the Companies Act, 1956, having its Registered Office at 17, Jamshedji Tata Road, Bombay - 400020 (hereinafter called "the Indemnified" which expression shall include its successors and assigns) has awarded to M/s. .......................................... a Partnership Firm/Sole Proprietor Business/a company having its Registered Office at ....................................................... (hereinafter called "the Indemnifier", which expression shall include its successors and assigns) a contract for conditions set out, inter-alia, in "the Indemnified" 's Purchase Order No. ............................. dated .................. (hereinafter referred to as "The Said Contract") to "the Indemnifier".

AND WHEREAS "the Indemnified" has agreed to supply to "the Indemnifier" raw material/components to the value of Rs......... (Rupees .............................................. only) for incorporation in fabrication by "the Indemnifier" in terms of "the said contract", the components/raw material to be supplied by "the Indemnified" to "the Indemnifier" for the said fabrication, (hereinafter, for the sake of brevity, referred to as "the said material") and pending fabrication and delivery at job-site of the completed fabricated work(s) incorporating "the said material" and accounting for "the said material" shall be under the sole custody and charge of "the Indemnifier" and shall be kept, stored, altered, worked upon and/or fabricated at the sole risk and expenses of "the Indemnifier" ;

________________________________________________________________________________Annexure12 (Indemnity Bond) Systems & ProceduresPurchase Manual VI.65 HPCL, Mumbai

As a Pre-condition to the supply of "the said material" by "the Indemnified" to "the Indemnifier", the Indemnified" has required "the Indemnifier" to furnish to "the Indemnified" security in the manner and upon terms and conditions hereinafter indicated :

NOW THEREFORE, in consideration of the premises aforesaid "the Indemnifier" Shri ..................................., Shri ............................ all directors/partners/sole proprietor of "the Indemnifier" in consideration of aforesaid "contract" hereby irrevocably and unconditionally and jointly and severally undertake to idemnify and always keep "the Indemnified" from and against all loss, damage and destruction (inclusive but not limited to any or all loss or damage or destruction to or of "the said material" or any item or part thereof) by theft, fire, flood, storm, tempest, lightning, explosion, storage, chemical or physical action or reaction, bending, wrapping, exposure, rusting, faulty workmanship, faulty fabrication or faulty method of technique of fabrication, riot, civil commotion or other act of omission or commission whatsoever within or beyond the control of "the Indemnifier", misuse and misappropriation by "the Indemnifier's" servants and/or agents whatsoever to, of or in "the said material" or any part or item thereof between the date that the same or relative part or item thereof was supplied to "the Indemnifier" upto and until the return to "the Indemnified" on due dates of "the said material" or relative part or item thereof or completed fabricated work(s) incorporating the said material AND jointly and severally undertake to pay to "the Indemnified" forthwith on first demand in writing without protest or demur the value of "the said material" or item part thereof lost, damaged, destroyed, misused and/or misappropriated, as the case may be, inclusive of "the Indemnified" 's cost and expenses (inclusive but not limited to handling, transportation, cartage, insurance, freight, packing and inspection costs and/or expenses) as specified in the said demand.

AND "the Indemnifier" hereby agree with "the Indemnified" that :

1. This Indemnity shall remain valid and irrevocable until the settlement of all claims of "the Indemnified" arising hereunder :

2. This Indemnity shall be in addition to any other Indemnity, Guarantee or Security whatsoever that "the Indemnified" may now or any time anywise have in relation to "the Indemnifier" 's obligations/liabilities under and/or in connection with the said contract inclusive of "the said material" and "the Indemnified" shall have full authority to


take recourse to or enforce this security in preference to the other security (ies) at its sole discretion, and no failure on the part of "the Indemnified" in enforcing or requiring enforcement of any other security shall have the effect of releasing "the Indemnifier" from its full liability hereunder :

3. "The Indemnified" shall be at liberty without reference to "the Indemnifier" and without affecting the full liability of "the Indemnifier" hereunder to take any other such security in respect of "the Indemnifier" 's obligations and/or liabilities under or in connection with the "said contract" inclusive of "the said material" and to vary the terms vis-a- vis "the Indemnifier" of "the said contract" or to grant time and/or indulgence to "the Indemnifier" or to reduce or to increase or otherwise vary the prices or the total contract value or the quantity, quality, description or value of the said material or to release or to forbear from endorsement of all or any of the obligations of "the Indemnifier" under the said contract (inclusive of anything in respect of "the said material") and/or the remedies of "the Indemnified" under any other security(ies) now or hereinafter held by "the Indemni- fied" and no such dealing(s), variations(s), reduction(s), increase(s) or other indulgence(s) or arrangement(s) with "the Indemnifier" or release or forbearance whatsoever shall have the effect of releasing "the Indemnifier" from their full liability to "the Indemnified" hereunder or of anywise prejudicing rights of "the Indemnified" against "the Indemni- fier" and "the Indemnifier" hereby waive all rights, if any, at any time, inconsistent with the terms of this Indemnity.

4. This Indemnity shall not be determined or affected by the liquidation or winding up, dissolution, or change of constitution or insolvency of "the Indemnifier" and the obligations of "the Indemnifier" in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by "the Indemnifier" (whether now pending before any Arbitrator, Officer, Tribunal or Court) or any denial of liability by "the Indemnifier" or any other order or communication whatsoever by "the Indemnifier" stopping or preventing or purporting to stop or prevent any payment by "the Indemnifier" to "the Indemnified" in terms hereof :


5. The mere statement made by or on behalf of "the Indemnified" in any notice or demand or other writing addressed to "the Indemnifier" as to any of "the said material" or item or part thereof supplied to "the Indemnifier" having been lost, damaged, destroyed, misused or misappropriated while in the custody of "the Indemnifier" before or after completion of the completed fabricated work(s) incorporating "the said material" and delivery at job site thereof shall as between "the Indemnifier" and "the Indemnified" be conclusive of the factum of "the said material" or item or part thereof having been supplied to "the Indemnifier" and/or the loss, damage, destruction, misuse or misappropriation thereof, as the case may be, while in the custody of "the Indemnifier" and/or prior to the completion of the completed fabricated work(s) and delivery to job site thereof without necessity on the part of "the Indemnified" to produce any documentary proof or other evidence whatsoever in support of this;

6. The amount stated in any notice of demand addressed by "the Indemnified" to "the Indemnifier" as the value of any of "the said material", lost, damaged, destroyed or misused or misappropriated, inclusive relative to the cost and expenses incurred by "the Indemnified" in connection therewith shall as between "the Indemnifier" and "the Indemnified" be conclusive of the value of such "said material" and the said costs and expenses as also of the amount liable to be paid by "the Indemnifer" to "the Indemnified" in terms and for the purpose of, without necessity for "the Indemnfied" to produce any voucher, bill or other documentation or evidence whatsoever in support thereof.

In witness whereof "the Indemnifier" have hereunto set and subscribed his hand this day and year first hereinabove written in the presence of witnesses.

Yours faithfully,

1)

2)

3)

WITNESSES

1.

2.


ANNEXURE - 13

(SPECIMEN)

BANK GUARANTEE IN LIEU OF EARNEST MONEY (On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited


IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The Corporation" which expression shall include its successor in business and assigns) issued a tender on Messrs. ................................................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at (hereinafter called "the Tenderer" which expression shall include its executors, administrators and assigns) against Tender no............ dated .................... (hereinafter called "the tender" which expression shall include any amendments/ alterations to "the tender" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfilment of the said tender in terms thereof on production of an acceptable Bank Guarantee for an amount of Rs....... (Rupees ................................. only).

We, ................................... Bank having office at ..................................................... Bombay (hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding Rs........... (Rupees ...................................... only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for any breach on the part of "the Tenderer" of any of the terms and conditions of the said "tender".

________________________________________________________________________________Annexure 13 ( Bank Guarantee in lieu of Earnest Money) Systems & ProceduresPurchase Manual VI.69 HPCL, Mumbai

2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or committed breach of any of the terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Tenderer" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be

final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Tenderer" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, ....................................... Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend time of performance by "the Tenderer" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the terms and conditions relating to "the tender" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Tenderer" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.


5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is restricted to Rs. ......... (Rupees....................................... only). Our liability under this guarantee shall remain in force until expiration of six months from the due date of opening of the said "tender". Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before .................................... all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.

6. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in Writing.

7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this guarantee shall not be affected by any change in the constitution of "the Tenderer".

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this .......................... day of ........................

For ........................ Bank



to sign on behalf of "the Bank")


Annexure - 13 A

(SPECIMEN)

# BANK GUARANTEE IN LIEU OF LIQUIDATED DAMAGES(On Non-Judicial stamp paper of appropriate value) (Clause B.11.1 of Chapter IV)

To: Hindustan Petroleum Corporation Limited (Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATIONLIMITED a Government of India Company registered under the Companies Act, 1956,having its registered office at 17, Jamshedji Tata Road, Churchgate, Mumbai – 400 020(hereinafter called "The Corporation" which expression shall include its successor inbusiness and assigns) agreeing to grant a provisional extension of time in respect of thecontract entered into with Messrs. ................................................ a sole proprietorshipbusiness/ partnership firm/ a company registered under the Companies Act, 1956 havingits office at ........................................................... (hereinafter called "the Contractor", whichexpression shall include its executors, administrators and assigns) against Purchase OrderNo. .......... dated .................... (hereinafter called "the Contract" which expression shallinclude any amendments/ alterations to "the contract" issued by "the Corporation") for………………………………………. (state the purpose of the Contract), and the Contractorhaving requested for extension of time without deduction of any Liquidated Damages from thebills in terms of the Contract and "the Corporation" having agreed to grant provisional extensionof time pending a decision on the request for extension of time and not to insist upon immediatededuction/payment of Liquidated Damages upon receipt of this unconditional irrevocable BankGuarantee for an amount of Rs....... ………………..(Rupees .......................................................only).

We, ................................... Bank having our office at .....................................................Bombay (hereinafter referred to as "the Bank" which expression shall include its successors andassigns) at the request and on behalf of "the Contractor" hereby agree to pay to the Corporationwithout any demur and on first demand an amount not exceeding Rs……………..........(Rupees ...................................... only) against any loss or damage, costs, charges and expensescaused to or suffered by or likely to be caused to or suffered by "the Corporation" by reason ofthe delay in performance of work or the Corporation agreeing to grant such provisional extensionof time without insisting on deduction of Liquidated Damages.

2. We, ........................................ Bank further agree that "the Corporation" shall be soleJudge whether the said "Contractor" has failed to perform or fulfill the said "Contract"in terms thereof or committed breach of any of the terms and conditions of "thepurchase

______________________________________________________________________________Annexure 13 A (BANK GUARANTEE IN VI:71a Systems & ProceduresLIEU OF LIQUIDATED DAMAGES) HPCL, MumbaiPurchase Manual

order/Contract" or was not entitled to any extension of time and also the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered orincurred by "the Corporation" on account thereof and we waive in favour of "theCorporation" all the rights and defences to which we as guarantors and/or "theContractor" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "theCorporation" as such shall be final and binding on "the Bank" as to "the Bank" 'sliability to pay the amount demanded and "the Bank" undertakes to pay to "theCorporation" the amount so demanded on first demand without further proof orconditions and without any demur, reservation, contest, recourse or protest and withoutany enquiry of you or the Contractor, forthwith and in full without any deductions orset-offs or counterclaim whatsoever, the sum claimed by you in such Demand,notwithstanding any dispute raised by "the Contractor" or the pendency of any suit orother legal proceedings including arbitration pending before any court, tribunal orarbitrator relating thereto, our liability under this guarantee being absolute andunconditional. We further agree that the Corporation shall not be bound to disclose anyreasons while demanding any amount under the Bank Guarantee.

4. We, ....................................... Bank further agree with "the Corporation" that "theCorporation" shall have the fullest liberty without our consent and without affectingin any manner our obligations hereunder, to vary any of the terms and conditions of thesaid "Contract"/or to extend time of performance by "the Contractor" from time totime or to postpone for any time or from time to time any of the powers exercisable by"the Corporation" against "the Contractor" and to forbear to enforce any of the termsand conditions relating to "the Contract" and we shall not be relieved from our liabilityby reason of any such variation or extension being granted to "the Contractor" or forany forbearance, act or omission on the part of "the Corporation" or any indulgenceby "the Corporation" to "the Contractor" or by any such matter or things whatsoeverwhich under the law relating to sureties would, but for this provision, have the effect ofrelieving us. Any waivers or other forbearance given or variations required under theContract or any invalidity, unenforceability or illegality of the whole or any part of theContract or rights of any party thereto, or amendment or other modification of theContract or any other fact, circumstance, provision of statute or law which might, wereour liability to be secondary and not primary, entitle us to be released in whole or in partfrom our undertaking, shall not in any way release us from our obligations under thisGuarantee. Our obligations hereunder in respect of the sum or sums demanded by theCorporation under this Guarantee are primary, independent and absolute and not by wayof surety only. The Corporation may make an unlimited number of Demands under thisGuarantee provided that the aggregate of all sums paid shall not exceed the entireGuarantee Amount.

______________________________________________________________________________Annexure 13 A (BANK GUARANTEE IN VI:71b Systems & ProceduresLIEU OF LIQUIDATED DAMAGES) HPCL, MumbaiPurchase Manual

5. Notwithstanding anything hereinbefore contained, our liability under this Guaranteeis restricted to Rs. ......... ……. (Rupees....................................... only). Ourliability under this guarantee shall remain in force until expiration of six months fromthe expiry of the said "Contract". Unless a demand or claim under this guarantee is madeon us in writing within said period, that is, on or before .................................... all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relievedand discharged from all liabilities thereunder.

6. We, ........................................ Bank further undertake not to revoke this guaranteeduring its currency except with the previous consent of "the Corporation" in Writing.

7. We, ......................................... Bank lastly agree that "the Bank" 's liability under thisguarantee shall not be affected by any change in the constitution of "the Contractor" orits insolvency winding up, reorganisation, amalgamation or liquidation (including anyappointment of a receiver, administrator, administrative receiver or supervisor of theContractor or any of its assets) nor in case of any dispute or disagreement whatsoeverunder the Agreement. We shall indemnify you immediately on demand against any cost,loss or liability suffered by you as a result of our this obligation being or becomingunenforceable, invalid or contrary to the laws of India (except in the case of a fraud byyou).

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in termsof the documents and/or the Agreement/Contract or MOU entered into between "theContractor" and "the Bank" in this regard. This Guarantee shall be governed by andconstrued in accordance with the laws of the Republic of India.

9. Any demand, notice or other communication given in connection with or required by thisGuarantee shall be made in writing in English be delivered by hand to, or sent bypre-paid registered post, or facsimile transmission to: ________________________________________________________________________

IN WITNESS WHEREOF the Bank has executed this document on this ..........................day of ........................

For ........................ Bank (by its constituted attorney) Signature of a person authorised to sign on behalf of the bank")

______________________________________________________________________________Annexure 13 A (BANK GUARANTEE IN VI:71c Systems & ProceduresLIEU OF LIQUIDATED DAMAGES) HPCL, MumbaiPurchase Manual

Annexure - 16

AGREEMENT(Under Integrity Pact)

No. Dated

To,


Sub : Purchase of Bidding Documents

Ref. Tender no.

HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an offer made on thecondition that the bidder will sign the Integrity Pact and the Bid would be kept open in itsoriginal form without variation or modification for a period of (state the number of days from thelast date for the receipt of tenders stated in the NIT) ………. days and the making of the bidshall be regarded as an unconditional and absolute acceptance of this condition of the NIT.

We confirm acceptance and compliance with the Integrity Pact in letter and spirit. We furtheragree that the contract consisting of the above conditions of NIT as the offer and the submissionof Bid as the Acceptance shall be separate and distinct from the contract which will come intoexistence when bid is finally accepted by HPCL.

The consideration for this separate initial contract preceding the main contract is that HPCL isnot agreeable to sell the NIT to the Bidder and to consider the bid to be made except on thecondition that the bid shall be kept open for ……… days after the last date fixed for the receiptof the bids and the Bidder desires to make a bid on this condition and after entering into thisseparate initial contract with HPCL.

HPCL promises to consider the bid on this condition and the Bidder agrees to keep the bid openfor the required period. These reciprocal promises form the consideration for this separate initialcontract between the parties.

If Bidder fails to honour the above terms and conditions , HPCLshall have unqualified , absoluteand unfettered right to encash / forfeit the bid security submitted in this behalf.

Yours faithfully, Yours faithfully

(BIDDER) (PURCHASER)

(One copy of this agreement duly signed must be returned alongwith offer).

______________________________________________________________________________Annexure 16 (AGREEMENT) Systems & ProceduresPurchase Manual VI.75 HPCL, Mumbai

® REVISION : PUR-019/07.08.2007

Annexure - 17

(To be executed on plain paper and applicable for all tenders of value above Rs.1 crore)

INTEGRITY PACT

Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as “The Principal”,and

………………………………………………………. hereinafter referred to as “The Bidder/Contractor”

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for………………………………………… The Principle values full compliance with all relevantlaws and regulations, and the principles of economic use of resources, and of fairness andtransparency in its relations with its Bidders/s and Contractor/s.

In order to achieve these goals, the Principal cooperates with the renowned internationalNon-Governmental Organisation “Transparency International” (TI). Following TI’s national andinternational experience, the Principal will appoint an external independent Monitor who willmonitor the tender process and the execution of the contract for compliance with the principlesmentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and toobserve the following principles:

1. No employee of the Principal, personally or through family members, will inconnection with the tender for, or the execution of a contract, demand, take a promise for oraccept, for him/herself or third person, any material or immaterial benefit which he/she is notlegally entitled to.

2. The principal will, during the tender process treat all Bidders with equity andreason. The Principal will in particular, before and during the tender process, provide to allBidders the same information and will not provide to any Bidder confidential / additionalinformation through which the Bidder could obtain an advantage in relation to the tender processor the contract execution.

______________________________________________________________________________Annexure 17 (INTEGRITY PACT) Systems & ProceduresPurchase Manual VI.76 HPCL, Mumbai

® REVISION : PUR-019/07.08.2007

3. The principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is acriminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantivesuspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiatedisciplinary actions.

Section 2 – Commitments of the Bidder / Contractor

(1) The Bidder / Contractor commits itself to take all measures necessary to preventcorruption. He commits himself to observe the following principles during his participation inthe tender process and during the contract execution.

1. The Bidder / Contractor will not, directly or through any other person or firm,offer, promise or give to any of the Principal’s employees involved in the tender process or theexecution of the contract or to any third person any material or immaterial benefit which he/sheis not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoeverduring the tender process or during the execution of the contract.

2. The Bidder / Contractor will not enter with other Bidders into any undisclosedagreement or understanding, whether formal or informal. This applies in particular to prices,specifications, certifications, subsidiary contracts, submission or non-submission of bids or anyother actions to restrict competitiveness or to introduce cartelisation in the bidding process.

3. The Bidder / Contractor will not commit any offence under the relevantAnti-corruption Laws of India; further the Bidder / Contractor will not use improperly, forpurposes of competition or personal gain, or pass on to others, any information or documentprovided by the Principal as part of the business relationship, regarding plans, technicalproposals and business details, including information contained or transmitted electronically.

4. The Bidder / Contractor will, when presenting his bid, disclose any and allpayment he has made, is committed to or intends to make to agents, brokers or any otherintermediaries in connection with the award of the contract.

(2) The Bidder / Contractor will not instigate third persons to commit offences outlinedabove or be an accessory to such offences.

Section 3-Disqualification from tender process and exclusion from future contracts


® REVISION : PUR-019/07.08.2007

If the Bidder, before contract award has committed a transgression through a violation of Section2 or in any other form such as to put his reliability or credibility as Bidder into question, thePrincipal is entitled to disqualify the Bidder from the tender process or to terminate the contract,if already signed, for such reason.

(1) If the Bidder/Contractor has committed a transgression through a violation of Section 2such as to put his reliability or credibility into question, the Principal is entitled also to excludethe Bidder / Contractor from future contract award processes. The imposition and duration of theexclusion will be determined by the severity of the transgression. The severity will be determinedby the circumstances of the case, in particular the number of transgressions, the position of thetransgressors within the company hierarchy of the Bidder and the amount of the damage. Theexclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due consideration ofthe available evidence, concludes that no reasonables doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right toresort to and impose such exclusion and further accepts and undertakes not to challenge orquestion such exclusion on any ground, including the lack of any hearing before the decision toresort to such exclusion is taken. This undertaking is given freely and after obtainingindependent legal advice.

(4) If the Bidder / Contractor can prove that he has restored / recouped the damage caused byhim and has installed a suitable corruption prevention system, the Principal may revoke theexclusion prematurely.

Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the awardaccording to Section 3, the Principal is entitled to demand and recover from the Bidderliquidated damages equivalent to Earnest Money Deposit/Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principle isentitled to terminate the contract according to Section 3, the Principal shall be entitled to demandand recover from the Contractor liquidated damages equivalent to Security Deposit /Performance Bank Guarantee.

(3) The bidder agrees and undertakes to pay the said amounts without protest or demursubject only to condition that if the Bidder / Contractor can prove and establish that theexclusion of the Bidder from the tender process or the termination of the contract after thecontract award has caused no damage or less damage than the amount of the liquidated damages,


® REVISION : PUR-019/07.08.2007

the Bidder / Contractor shall compensate the Principal only to the extent of the damage in theamount proved.

Section 5 – Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with anyother Company in any country conforming to the TI approach or with any other Public SectorEnterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from thetender process or the contract, if already awarded, can be terminated for such reason.

Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors

(1) The Bidder / Contractor undertakes to demand from all subcontractors a commitment inconformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with allBidders, Contractors and Subcontractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pactor violate its provisions.

Section 7 – Criminal charges against violating Bidders/Contractors/Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of anemployee or a representative or an associate of a Bidder, Contractor or Subcontractor whichconstitutes corruption, or if the Principal has substantive suspicion in this regard, the Principalwill inform the Vigilance Office.

Section 8 – External Independent Monitor / Monitors (three in number depending on thesize of the contract)

(to be decided by the Chairperson of the Principal)

(1) The Principal appoints competent and credible external independent Monitor for thisPact. The task of the Monitor is to review independently and objectively, whether and towhat extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties andperforms his functions neutrally and independently. He reports to the Chairperson of theBoard of the Principal.


® REVISION : PUR-019/07.08.2007

(3) The Contractors accepts that the Monitor has the right to access without restriction to allProject documentation of the Principal including that provided by the Contractor. TheContractor will also grant the Monitor, upon his request and demonstration of a validinterest, unrestricted and unconditional access to this project documentation. The same isapplicable to Subcontractors. The Monitor is under contractual obligation to treat theinformation and documents of the Bidder / Contractor / Subcontractor withconfidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetingsamong the parties related to the Project provided such meetings could have an impact onthe contractual relations between the Principal and the Contractor. The parties offer to theMonitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, hewill so inform the Management of the Principal and request the Management todiscontinue or heal the violation, or to take other relevant action. The Monitor can in thisregard submit non-binding recommendation. Beyond this, the Monitor has no right todemand from the parties that they act in a specific manner, refrain from action or tolerateaction. However, the Independent External Monitor shall give an opportunity to thebidder / contractor to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principalwithin 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’and, should the occasion arise, submit proposals for correcting problematic situations.

(7) Monitor shall be entitled to compensation on the same terms as being extended to /provided to Outside Expert Committee members / Chairman as prevailing with Principal.

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion ofan offence under relevant Anti-Corruption Laws of India, and the Chairperson has not,within reasonable time, taken visible action to proceed against such offence or reported itto the Vigilance Office, the Monitor may also transmit this information directly to theCentral Vigilance Commissioner, Government of India.

(9) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 monthsafter the last payment under the respective contract, and for all other Bidders 6 months after thecontract has been awarded.


® REVISION : PUR-019/07.08.2007

If any claim is made / lodged during this time, the same shall be binding and continue to be validdespite the lapse of this pact as specified above, unless it is discharged / determined byChairperson of the Principal.

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is theRegistered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in themain tender document / contract shall not be applicable for any issue / dispute arisingunder Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing. Sideagreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by allpartners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainderof this agreement remains valid. In this case, the parties will strive to come to anagreement to their original intentions.

----------------------------- -----------------------------For the Principal For the Bidder/Contractor

Place……………………………. Witness 1:……………………

Date……………………………… Witness 2:…………………..


® REVISION : PUR-019/07.08.2007

ANNEXURE - 18

(SPECIMEN)

® BANK GUARANTEE FOR SECURITY DEPOSIT


TO : Hindustan Petroleum Corporation Limited (Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION

LIMITED, a Government of India Company registered under the

Companies Act, 1956, having its registered office at 17,

Jamshedji Tata Road, Bombay-20 (hereinafter called "The

Corporation" (which expression shall include its successor in

business and assigns) having placed an order on

Messers ............................ a partnership firm/sole

proprietor business/a company registered under the Companies Act,

1956 having its office at .............. (hereinafter called "the

supplier") (which expression shall include executors,

administrators and assigns) vide order No.......................

dated.............. (hereinafter called "the order" which

expression shall include any amendments/alterations to "the

order" issued by "the Corporation") for the supply of goods

to/execution of services for "the Corporation" and "the

Corporation" having agreed :

a) not to insist upon immediate payment of Security Deposit for

the fulfilment and performance of the said order

b) that "the supplier" shall furnish a security for the

performance of "the supplier's" obligations and/or discharge

of "the supplier's" liability in connection with the said

"order"; and "the Corporation" having agreed with "the

supplier" to accept Bank Guarantee for the security

deposit.

_____________________________________________________________________________Annexure 18 (Bank Gaurantee for Systems & Procedures Security Dep. Etc.) VI.82 HPCL, MumbaiPurchase Manual® REVISION : PUR-030/22.08.2008

We, .................................................... Bank

having office at ............................................

(hereinafter referred to as "the Bank" which expression shall

includes its successors and assigns) at the request and on behalf

of "the supplier" hereby agree to pay to "the Corporation"without

any demur on first demand an amount not exceeding Rs...........

(Rupees.............................only) against any loss or

damage, costs, charges and expenses caused to or suffered by "the

Corporation" by reason of non performance and fulfilment or for

any breach on the part of "the supplier" of any of the terms and

conditions of the said "order".

2. We, ............................. Bank further agree that

"the Corporation" shall be sole judge whether the said

"Supplier" has failed to perform or fulfill the said "order"

in terms thereof or committed breach of any terms and

conditions of "the order" and the extent of loss, damage,

cost, charges and expenses suffered or incurred or would be

suffered or incurred by "the Corporation" on account thereof

and we waive in the favour of "the Corporation" all the

rights and defences to which we as guarantors and/or "the

Supplier" may be entitled to.

3. We, ................................. Bank further agree

that the amount demanded by "the Corporation" as such shall

be final and binding on "the Bank" as to "the Bank's”

liability to pay and the amount demanded and "the Bank"

undertake to pay "the Corporation" the amount so demanded on

first demand and without any demur notwithstanding any

dispute raised by "the Supplier" or any suit or other legal

proceedings including arbitration pending before any court,

tribunal or arbitrator relating thereto, our liability under

this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree

with "the Corporation" that "the Corporation" shall have the

fullest liberty without our consent and without affecting in

any manner our obligations hereunder to vary any of the terms

and conditions of the said "order"/or to extend time of

performance by "the Supplier" from time to time or to


postpone for any time to time any of the powers exercisable

by "the Corporation" against "the Supplier" and to forbear to

enforce any of the terms and conditions relating to "the

order" and we shall not be relieved from our liability by

reason of any such variation or extension being granted to

"the Supplier" or for any forbearance, act or ommission on

the part of "the Corporation" or any indulgence by "the

Corporation" to "the Supplier" or by any such matter or

things whatsoever which under the law relating to sureties

would but for this provision have the effect of relieving us.

5. However, it has been agreed between "the Supplier" and "the

Corporation" Bank Guarantee for security deposit is

Valid upto a period of 3 (Three) months beyond the expiry

of the defects liability period as per the terms of the

Order No. _______________ dated __________.


i) Our liability under this guarantee shall not exceed

Rs..........

ii) This Bank Guarantee shall be valid upto and

including .......; and

iii) We are liable to pay the guarantee amount or any part

thereof under this Bank Guarantee only and only if you serve

upon us a written claim or demand on or # before the expiry of


7. We, ........................................ Bank further

undertake not to revoke this guarantee during its currency

except with the previous consent of "the Corporation" in

writing.

8. We, ......................................... Bank lastly

agree that "the Bank"'s liability under this guarantee shall

not be affected by any change in the constitution of "the

Supplier".


9. "The Bank" has power to issue this guarantee in favour of

"the Corporation" in terms of the documents and/or the

Agreement/Contract or MOU entered into between "the Supplier"

and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this

............................. day of ...........................

For ........................ Bank



to sign on behalf of "the Bank")*


Attachment-A Arbitration Clause - For Foreign Bidders

Note: “Owner” is HPCL and “Vendor/Contractor” is the Bidder. These nomenclatures may be changed

as per the words used in the Tender. ARBITRATION (a) All disputes or differences between the Owner and the Vendor / Contractor arising out of or in relation to

this Agreement, shall be firstly mutually discussed and resolved by the Executive Director of Mumbai Refinery of “the Owner” and ______________of “__________”. In case the disputes and differences are not so mutually resolved but continue to subsist, the same shall be referred to Arbitration (except those, in respect of which, the decision of any person is, by the Agreement expressed to be final and binding). The Director (Refineries) of “the Owner” and __________________ of “________________” shall, upon mutual discussion, appoint a Sole Arbitrator to adjudicate the disputes and differences between the parties.

(b) If the Director (Refineries) of “the Owner” and _________ of “_____________” unable to agree on the

person to be appointed as Sole Arbitrator within 60 days after the matter was referred to them, the arbitration shall be conducted by three arbitrators. In this event, the Claimant shall appoint its arbitrator in their Request for Arbitration. The Respondent shall appoint their arbitrator within 30 days of receipt of the Request for Arbitration. The two arbitrators appointed by the Parties shall appoint a third arbitrator within 60 days from the date the Respondent has notified Claimant of the appointment of Respondent’s arbitrator. If the two arbitrators fail or are unable to appoint a third arbitrator, then the appointment of the third arbitrator shall be made in accordance with the Arbitration and Conciliation Act, 1996. The third arbitrator shall act as the Presiding Arbitrator of the Panel.

(c) If the arbitrator or arbitrators to whom the matter is/are originally referred dies or refuses to act or

resigns/withdraws from the position of arbitrator(s) for any reason(s), a new arbitrator (s) shall be appointed by the respective parties/arbitrators in the manner aforesaid. The new arbitral tribunal shall be entitled to proceed with the reference from the stage at which it was left by his predecessor if both the parties consent to this effect failing which they will be entitled to proceed de novo.

(d) It is a term of this Agreement that the cost of the arbitration will be borne by the parties in equal shares. (e) It is also a term of this Agreement that neither party to this Agreement shall be entitled to interest on the

amount of award. (f) The venue of the arbitration shall be at SINGAPORE. (g) The proceedings shall be conducted in English and the laws applicable will be that which is prevailing in

India. (h) The Award of the arbitrator shall be final and binding on the parties. The Award may include an Award of

costs. The Award shall give reasons for the same. (i) The provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-

enactments thereof and the Rules made there under for the time being in force shall apply to the arbitration proceedings under this clause.

(j) The Arbitrator may also take into account any discussion, opinion or determination howsoever expressed which is stated to be final and binding to the contractor in terms of the contract document in judging any issue or dispute.

--------------------

Attachment-B Arbitration clause - For Indian Bidders

Note: “Owner” is HPCL and “Vendor/Contractor” is the Bidder. These nomenclatures may be changed

as per the words used in the Tender. ARBITRATION (a) All disputes or differences between the Owner and the Vendor / Contractor arising out of or in relation to

this Agreement, shall be firstly mutually discussed and resolved by the Executive Director of Mumbai Refinery of “the Owner” and ______________of “__________”. In case the disputes and differences are not so mutually resolved but continue to subsist, the same shall be referred to Arbitration (except those, in respect of which, the decision of any person is, by the Agreement expressed to be final and binding). The Director (Refineries) of “the Owner” and __________________of ____________” shall, upon mutual discussion, appoint a Sole Arbitrator to adjudicate the disputes and differences between the parties.

(b) If the Director (Refineries) of “the Owner” and _________ of “_____________” unable to agree on the

person to be appointed as Sole Arbitrator within 60 days after the matter was referred to them, the arbitration shall be conducted by three arbitrators. In this event, the Claimant shall appoint its arbitrator in their Request for Arbitration. The Respondent shall appoint their arbitrator within 30 days of receipt of the Request for Arbitration. The two arbitrators appointed by the Parties shall appoint a third arbitrator within 60 days from the date the Respondent has notified Claimant of the appointment of Respondent’s arbitrator. If the two arbitrators fail or are unable to appoint a third arbitrator, then the appointment of the third arbitrator shall be made in accordance with the Arbitration and Conciliation Act, 1996. The third arbitrator shall act as the Presiding Arbitrator of the Panel.

(c) If the arbitrator or arbitrators to whom the matter is/are originally referred dies or refuses to act or

resigns/withdraws from the position of arbitrator(s) for any reason(s), a new arbitrator (s) shall be appointed by the respective parties/arbitrators in the manner aforesaid. The new arbitral tribunal shall be entitled to proceed with the reference from the stage at which it was left by his predecessor if both the parties consent to this effect failing which they will be entitled to proceed de novo.

(d) It is a term of this Agreement that the cost of the arbitration will be borne by the parties in equal shares. (e) It is also a term of this Agreement that neither party to this Agreement shall be entitled to interest on the

amount of award. (f) The venue of the arbitration shall be at Mumbai, India. (g) The proceedings shall be conducted in English and the laws applicable will be that which is prevailing in

India. (h) The Award of the arbitrator shall be final and binding on the parties. The Award may include an Award

of costs. The Award shall give reasons for the same. (i) The provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-

enactments thereof and the Rules made there under for the time being in force shall apply to the arbitration proceedings under this clause.

(j) The Arbitrator may also take into account any discussion, opinion or determination howsoever

expressed which is stated to be final and binding to the contractor in terms of the contract document in judging any issue or dispute.

--------------------------

1.7 Special Conditions of Contract.doc

Page 1 of 26

HINDUSTAN PETROLEUM CORPORATION LTD. MAHUL, MUMBAI

DHT PROJECT

ABOVE GROUND AND UNDERGROUND PIPING WORKS

SECTION – 1.0

SPECIAL CONDITIONS OF CONTRACT

DOCUMENT NO.: 44LK-5100-718/K.02/0025/A4

Rev No. Issue Date Pages Description Prepared By

Checked By

Approved By

A

B

C

7-Sep-10

15-Nov-10

17-Jan-11

24

25

26

Issued for Tender

Revised as per Client Comments

and Issued for Tender

Revised as per Client Comments

and Issued for Tender

MMB

SP

DM

DM

DM

DM

ALB

ALB

NAK

HPCL, MUMBAI SPECIAL CONDITIONS OF CONTRACT Date: 17-Jan-11

DHT PROJECT ABOVE GROUND AND UNDERGROUND PIPING WORKS Rev. C

44LK – 5100 Document No. 44LK-5100-718/K.02/0025/A4 Page 2 of 26


TABLE OF CONTENTS 1.0 GENERAL

2.0 CONTRACTOR’S SCOPE OF WORK

3.0 CONTRACTOR’S SCOPE OF SUPPLY

4.0 TIME SCHEDULE

5.0 SINGLE POINT RESPONSIBILITY

6.0 SUB CONTRACTING

7.0 ADDITIONAL WORKS / EXTRA WORKS

8.0 PRICE REDUCTION DUE TO DELAY IN COMPLETION

9.0 SITE CLEANING

10.0 MEASUREMENT OF WORKS

11.0 ON ACCOUNT PAYMENTS

12.0 ROUNDING OFF

13.0 TAXES AND DUTIES

14.0 WORKS CONTRACT

15.0 INCOME TAX & CORPORATE TAX

16.0 REGISTRATION UNDER STATE GOVT. SALES TAX ACT

17.0 PROVIDENT FUND

18.0 FIRM PRICE

19.0 ROYALTY

20.0 DRAWINGS AND SPECIFICATIONS

21.0 UNDERGROUND AND OVERHEAD STRUCTURES

22.0 LEADS

23.0 STATUTORY APPROVALS

24.0 LABOUR RELATIONS

25.0 EMPLOYMENT OF LOCAL LABOUR

26.0 CONTRACTORS LABOUR TO LEAVE SITE ON COMPLETION OF WORK

27.0 TEMPORARY WORKS

28.0 SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT/PUBLIC SECTOR

UNDERTAKINGS

29.0 RESPONSIBILITY OF CONTRACTOR

30.0 PROVISION OF PROPER WARE HOUSING

31.0 PROVISION OF FABRICATION SHED

32.0 MAKE OF EQUIPMENTS / COMPONENTS

33.0 CONDITION FOR ISSUE OF MATERIALS BY OWNER, IF ANY,AND RECONCILIATION

OF MATERIALS

34.0 SCRAP AND EXCESS MATERIALS





35.0 QUALITY ASSURANCE SYSTEM

36.0 SITE ORGANISATION

37.0 MECHANISED CONSTRUCTION

38.0 TESTS AND INSPECTION OF WORKS

39.0 RADIOGRAPHY

40.0 FINAL INSPECTION

41.0 COMPLETION DOCUMENTS

42.0 COMPUTERISED CONTRACTORS BILLING SYSTEM

43.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT

44.0 COORDINATION WITH OTHER AGENCIES

45.0 SITE ESTABLISHMENT AND INFRASTRUCTURE

46.0 ELECTRICITY AND WATER

47.0 LAND FOR RESDENTIAL ACCOMODATION

48.0 FUEL REQUIREMENT OF WORKERS

49.0 SPECIAL REQUIRMENTS FOR GATE PASSES, MATERIAL ENTRY PASSES, WORK

PERMITS & SAFETY REGULATION

50.0 CERTIFICATE OF VERIFICATION AND GOOD CONDITION

51.0 SURPLUS MATERIALS

52.0 VENDOR LIST

ANNEXURES TO SPECIAL CONDITIONS OF CONTRACT ANNEXURE I : SCOPE OF WORK

ANNEXURE II : SCOPE OF SUPPLY

ANNEXURE III : TIME SCHEDULE

ANNEXURE IV : MEASUREMENT OF WORK AND INVOICING PROCEDURE

ANNEXURE V : TERMS OF PAYMENT

ANNEXURE VI : MOBILISATION OF MINIMUM EQUIPMENTS

ANNEXURE VII : DEPLOYMENT OF KEY CONSTRUCTION MANPOWER

ANNEXURE VIII : SPECIFICATION FOR QUALITY ASSURANCE

ANNEXURE IX : SPECIFICATION FOR HSE MANAGEMENT

ANNEXURE X : VENDOR LIST





1.0 GENERAL 1.1 Special Conditions of Contract (SCC) shall be read in conjunction with the General Terms &

Conditions of Contract (GTC), Schedule of Prices, specifications of work, drawings and any other document forming part of this Contract, wherever the context so requires.

1.2 DEFINITIONS AND INTERPRETATIONS

Further to the provisions under Clause 2 and sub clauses there under of the General Terms and Conditions of Contract, the following expressions hereunder and elsewhere in the Contract documents used and their grammatical variations shall unless repugnant to the subject or context thereof, have the following meanings respectively assigned to them, namely:

1.2.1 "LETTER OF INTENT" shall mean the official notice issued by the Owner notifying the CONTRACTOR that his proposal has been accepted and that the CONTRACTOR is required to sign the Contract agreement as required by the Owner. CONTRACTOR shall also start mobilizing his resources after receiving the 'Letter of Intent' and execute the work.

1.2.2 “Agreed Variations” shall mean the statement of agreed variations annexed to the Detailed Letter of Acceptance and any document subsequently signed by the OWNER and the CONTRACTOR as an amendment of contract.

1.2.3 “Approval” and its grammatical variations shall mean approved or confirmed in writing by

OWNER or Engineer-in-Charge. 1.2.4 “Bid/Bidding Documents” shall mean the totality of the documents comprising the Bidding

Document for the Project. 1.2.5 “Construction materials” shall mean all materials whatsoever required for permanent

incorporation in the constructed Works, including but not limited to, cement, iron and steel rods, plates, sheets and structural materials of any or all kinds, sand, stone, aggregate, bricks, earth and clay, nuts and bolts, screws and nails and other fasteners of all kinds, wood and boards of all kinds, electrical and other wires, sanitary pipes and other sanitary fittings, sewage pipes and other sewage fittings, drainage pipes and associated fixtures and fittings, switches, lights, fans, contactors, cut-outs, switch boards, bus bars and control panels, bulbs and other electrical fittings whatsoever, basins, taps, valves, stoppers, flanges, cisterns, toilets, toilet-seats and other sanitary fittings of any kind whatsoever, water proofing compounds, chemicals, paints, varnishes, white-washes, distempers, plaster of paris and other finishing materials whatsoever, barricading materials of all kinds and welding and other electrodes, lead and other alloys and compounds and consumables whatsoever involved for and/or incorporated in the permanent Works.

1.2.6 The “Contract” shall mean the totality of agreement between OWNER and the

CONTRACTOR as derived from the contract documents. 1.2.7 The “Engineer-in-Charge” shall mean and shall include the PMC or CONSULTANT for the

project wherever the Contract so reasonably admits and shall include those who are expressly authorized by the OWNER/Engineer-in-charge to act for and on its behalf.

1.2.8 “Mobilization” shall mean establishment of sufficient and adequate infrastructure by the

CONTRACTOR at and about the job site(s) comprising of equipment, aids, tools, tackle including establishment of temporary works, with facilities, utilities, man power and equipment ready to receive, transport and store materials and to commence and execute work at site(s), in accordance with the Progress Schedule to the satisfaction of the Engineer-in-Charge.





1.2.9 “Order” and “Instruction” shall respectively mean any written order or instructions given by the OWNER or by the Engineer-in-Charge to the CONTRACTOR within the scope of their respective powers in terms of the contract.

1.2.10 “Running Account Bill” shall mean a Bill for the payment of “on account” monies to the

CONTRACTOR. 1.2.11 The expressions “Scope of Work” and “Scope of Services” are synonymous and mean the

totality of the work/services by expression or implication envisaged in the Contract, including (but not limited to) the work as detailed in the Bid Documents, and include all work, facilities, consumer goods, equipment and labour required for or relative or incidental to or in connection with the preparation for, commencement, completion, testing, precommissioning, start up, commissioning, performance, replacement and/or rectification of any work(s)/services and/or in the maintenance or inspection of the work(s) and any and all temporary works required for or incidental to any work/service.

1.2.12 “Specification(s)” shall mean the various specification as set out in the specifications and

other documents forming part of the bid documents and as referred to and derived from the contract and any order(s) or instruction(s) there under, and in the absence of any specifications as aforesaid covering any particular work or supply or part or portion thereof shall mean the relevant BS, AWS, API, ASTM, BIS, AWWA or NACE, ASME, HEI, IEC, Indian Boiler Regulation (IBR), IEEE standard or code, as the case may be, approved by the Engineer-in-Charge and in the absence of any such standard or code covering the relative work or part or portion thereof, shall mean the relevant international standard or practice applied as a standard Engineering practice for the work and approved in writing by the Engineer-in-Charge with or without modification(s). All references to any code, standard, specification or practice in the specifications shall be deemed to be a reference to the latest edition of relative code, standard, specification or practice, as the case may be, notwithstanding the mention of any previous year or date of edition relative thereto in the specifications.

1.2.13 “Supply” or “Supplies” shall mean the totality of the materials by expression or implication

required to be supplied by the CONTRACTOR for permanent incorporation in the works within the Scope of Supplies.

1.2.14 Unless otherwise specifically stated, the masculine gender shall include the feminine and

neuter genders and vice-versa and the singular shall include the plural and vice-versa. 1.2.15 "IFC" shall mean drawings/specifications/documents "Issued for Construction". 1.2.16 Total contract value would imply the total cost inclusive of taxes, levies and all other

associated costs at which the contract is awarded but exclusive of value of items in OWNER’s scope of supply.

1.2.17 The definitions shall apply to all the expressions defined above when used in the contract

documents, whether expressed wholly in capitals or partly in capital or with the first letter in capital or wholly in ordinary letters.

1.3 INTERPRETATION OF CONTRACT DOCUMENTS 1.3.1 The several documents forming the Contract are to be read together as a whole and are to

be taken as mutually explanatory.





1.3.2 Notwithstanding the sub-division of the document into these separate sections and volumes, every part of each shall be deemed to be supplementary of every other part and shall be read with and into the Contract so far as it may be practicable to do so.

1.3.3 Should there be any doubt or ambiguity in the interpretation of the Contract Documents or

error, omission or contradiction therein or in any of them, the CONTRACTOR shall, prior to commencing the relative work, apply in writing to the Engineer-in Charge for his decision in resolution of the doubt, ambiguity or contradiction or correction of the error or omission, as the case may be. Should the CONTRACTOR fail to apply to the Engineer-in-Charge for his decision, as aforesaid, prior to commencing the relative work, the CONTRACTOR shall perform the said work at his own risks, and the provisions of Clause 1.3.6 hereof shall apply to any such work performed by the CONTRACTOR.

1.3.4 Notwithstanding anything provided in Clause 1.3.3 hereof above, either the CONTRACTOR

or the Site Engineer may at any time prior to, during or after the execution of the work or any part thereof (if the CONTRACTOR has failed to make an application as provided for in Clause 1.3.3) apply to the Engineer-in-Charge in writing for his decision in resolution of any doubt, ambiguity or contradiction, in the Contract Documents or any of them for the correction of any error or omission therein, as the case may be.

1.3.5 The decision of the Engineer-in-charge or any application under-Clause 1.3.3 or Clause

1.3.4, hereof shall be in writing and shall be final and binding upon the CONTRACTOR and shall form part of the Contract Documents, with the intent that the Contract Documents shall be read as though the said decision is and was at all times incorporated therein.

1.3.6 In the event of the CONTRACTOR having already performed or executed any work at

variance with the decision of the Engineer-in-Charge as aforesaid, then, notwithstanding payment in respect of such work having been made to the CONTRACTOR, such work shall be deemed to be a defective work and the provisions of Clause 38.8 hereof and associated clause there under shall apply thereto.

1.3.7 In case of irreconcilable conflict in non technical matters between the provisions in the

separate contract documents concerning or governing the same aspect precedence shall be given to the provisions contained in the documents mentioned below in the order in which they are set out below

• Formal Contract • Acceptance of Tender • Price Schedule annexed to Letter of Acceptance. • Agreed Variations annexed to the Letter of Acceptance • Addenda to the Tender documents • Special Conditions of Contract • Instructions to Tenderers/ Bidders • General Terms and Conditions of Contract

A variation or amendment issued after the execution of the formal contract shall take precedence over the formal contract and all other Contract Documents.

1.3.8 In case of irreconcilable conflict in technical matters between the provisions in two separate

contract documents concerning or governing the same aspect, clauses 1.3.3 and 1.3.4 shall be applied.

1.3.9 Where any portion of the General Terms & Conditions of Contract (GTC) is repugnant to or

at variance with any provisions of the Special Conditions of Contract, then unless a different intention appears, the provision(s) of the Special Conditions of Contract shall be deemed to





override the provision(s) of GTC only to the extent that repugnancies of variations in the Special Conditions of Contract are not possible of being reconciled with the provisions of GTC.

1.3.10 Wherever it is stated in this Bidding Document that such and such a supply is to be effected

or such and such a work is to be carried out, it shall be understood that the same shall be effected/carried out by the CONTRACTOR at his own cost unless a different intention is specifically and expressly stated herein or otherwise explicit from the context. Contract value (also referred to as Contract Price) shall be, deemed to have included such cost.

1.4 The materials, design and workmanship shall satisfy the applicable relevant Indian

Standards, the job specifications contained herein & codes referred to. Where the job specifications stipulate requirements in addition to those contained in the standard codes and specifications, these additional requirements shall also be satisfied. In the absence of any standard specifications/ codes of practice or detailed specifications covering any part the work covered in this Bidding Document, the instructions/directions of Engineer-in-Charge will be binding on the CONTRACTOR.

1.5 In the absence of any Specifications covering any material, design or work(s) the same

shall be performed/ supplied/ executed in accordance with standard Engineering practice as per the instructions/directions of the Engineer-in-Charge, which will be binding on the CONTRACTOR.

2.0 CONTRACTOR’S SCOPE OF WORK 2.1 The brief scope of work covered in this contract will be as described in Annexure – I to

SCC. 3.0 CONTRACTOR’S SCOPE OF SUPPLY

3.1 The brief scope of supply covered in this contract will be as described in Annexure – II to

SCC. 4.0 TIME SCHEDULE 4.1 The work shall be executed strictly as per the time schedule given in the Annexure III of

SCC. The period of completion given includes the time required for mobilization as well as testing, rectifications, if any, retesting, demobilization and completion in all respects to the satisfaction of the Engineer-in-Charge.

4.2 A joint programme of execution of work will be prepared by the Engineer-in-Charge and

CONTRACTOR. This programme will take into account the time of completion mentioned in clause 4.1 above.

4.3 Monthly/weekly execution programme will be drawn up by the Engineer-in-Charge jointly

with the CONTRACTOR based on availability of materials, work fronts and the joint programme of execution as referred to above. The CONTRACTOR shall scrupulously adhere to the Targets/Programmes by deploying adequate personnel, Construction Equipment, Tools and Tackles and also by timely supply of required materials coming within his scope of supply as per Contract. In all matters concerning the extent of target set out in the weekly/monthly programme and the degree of achievement, the decision of the Engineer-in-Charge will be final and binding on the CONTRACTOR.





4.4 CONTRACTOR shall give every day category-wise labour and equipment deployment report along with the progress of work done on previous day in the format prescribed by the Engineer-in-Charge.

4.5 CONTRACTOR shall also ensure submission of the following reports to the Engineer-in-

Charge. The format for such reports shall be as prescribed by the Engineer-in-Charge. 4.5.1 Weekly Progress Report 4.5.2 Monthly Progress Report 5.0 SINGLE POINT RESPONSIBILITY 5.1 The entire work as per Scope of Work covered under this contract shall be awarded on a

single point responsibility basis. 6.0 SUB CONTRACTING 6.1 Further to the provisions of Clause no. 5.c of General Terms and Conditions of Contract, a

minimum of the following construction activities shall be performed by the CONTRACTOR directly and shall not be sub-contracted

• Total Project Management • Planning, Scheduling, Monitoring • Procurement • Quality Assurance • Construction and Safety Management

7.0 ADDITIONAL WORKS / EXTRA WORKS

7.1 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 the OWNER, CONTRACTOR is required to extend necessary co-operation, and act as per the instructions of Engineer-in-Charge.

8.0 PRICE REDUCTION DUE TO DELAY IN COMPLETION 8.1 Price reduction for delay in completion shall be applicable as specified in Clause 10.0 of the

General Terms and Conditions of Contract (GTC). The basic cost (i.e. contract value excluding taxes and levies) shall be considered for calculation of price reduction due to delay in completion of works.

9.0 SITE CLEANING 9.1 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.

9.2 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 cost and risk of CONTRACTOR to the satisfaction of the Engineer-in-Charge, whose decision shall be final and binding upon the CONTRACTOR.





9.3 The CONTRACTOR shall be the custodian of the dismantled materials till the Engineer-in-Charge takes charge thereof.

9.4 The CONTRACTOR shall dispose off the unserviceable materials, debris etc. to any area

within Refinery premises/ other area as directed by the Engineer-in-Charge. 9.5 The CONTRACTOR shall sort out, clear and stack the serviceable materials obtained from

the dismantling/ renewal at places as directed by the Engineer-in-Charge. 9.6 No extra payment shall be paid on this account. The rates quoted in Schedule of Prices are

deemed to be inclusive of all the costs towards all the above activities as well. 10.0 MEASUREMENT OF WORKS 10.1 The measurement of the works covered under this contract shall be as described in the

Annexure – IV to SCC. 11.0 ON ACCOUNT PAYMENTS

11.1 "On Account Payments" shall be made as per Annexure – V to SCC.

12.0 ROUNDING OFF 12.1 All payments to and recoveries from the bill of CONTRACTOR shall be rounded off to the

nearest Rupee. Wherever the amount to be paid/ recovered consists of a fraction of a Rupee (Paise), the amount shall be rounded off to the next higher rupee if the fraction consists of 50 (fifty) paise or more and if the fraction of a Rupee is less then 50 (fifty) paise, the same shall be ignored.

13.0 TAXES AND DUTIES 13.1 The quoted prices shall be as per schedule of prices 13.2 Contractor shall register this contract under ‘Works Contract Service" as per sub clause

(zzzza) of section 65(105) of the Finance Act.1994 as amended by Finance Act, 2007. Contractor shall exercise the option of payment of service tax either under "Works Contract (Composition Scheme for payment of service tax) Rules, 2007" or payment of service tax based on the Valuation under Rule 2A of the "Service tax (Determination of Value) Rules, 2006 ", whichever results in lower incidence of service tax to the Owner.

13.3 The Service Tax and Education cess thereon shall be paid by OWNER at actual against

Cenvat invoice to be submitted by the CONTRACTOR as mentioned below.

Service Tax shall be reimbursed by OWNER to CONTRACTOR at actual against production of documentary evidence (s) and furnishing all necessary documents towards Service tax paid (e.g. proper tax invoices, bill or challans etc.) to enable OWNER to claim Cenvat Credit on Service Tax paid. In case CONTRACTOR does not furnish such requisite documents enabling the OWNER to claim Cenvat benefit on such service tax then such amount shall not be reimbursed to the CONTRACTOR irrespective of whether the CONTRACTOR has paid such amount to the tax authorities.

14.0 WORKS CONTRACT 14.1 This Contract is considered divisible Contract and the price shall be so derived as per the

relevant SP Forms for supply items/composite jobs.





15.0 INCOME TAX & CORPORATE TAX

15.1 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.

15.2 Corporate Tax liability, if any shall be to CONTRACTOR’s account. 16.0 REGISTRATION UNDER STATE GOVT. SALES TAX ACT 16.1 Attested copy of certificate registration under State Govt. Sales Tax Act in the proforma

prescribed by the State Govt. should accompany the tender. The registration under Sales Tax Act should be in the name of the FIRM/INDIVIDUAL quoting for the work.

17.0 PROVIDENT FUND 17.1 The CONTRACTOR shall strictly comply with the provisions of Employees Provident Fund

Act and register the establishment with the concerned Regional Provident Fund Commissioner before commencing the work. The CONTRACTOR shall deposit "Employees" and "Employers" contributions in the designated account with the designated Authority every month. The CONTRACTOR shall furnish along with each running bill, the challan / receipt for the payment of provident fund made to the RPFC for the preceding month(s).

17.2 In case the Provident Fund Authority's receipted challan referred to above is not furnished,

the OWNER shall deduct 5% (five percent) of the payable amount from the CONTRACTOR's running bill and retain the same as a security for the payment of the Provident Fund. Such retained amounts shall be refunded to the CONTRACTOR only on production of challan/ receipt of the Provident Fund Authority for the period covered by the related deduction.

18.0 FIRM PRICE 18.1 The quoted prices shall remain firm and fixed and valid until completion of the contract and

shall not be subject to escalation for any reason whatsoever except as indicated under Clause no. 3.0 of Annexure – V to this Special Conditions of Contract.

19.0 ROYALTY 19.1 All royalties etc., as may be required for any Borrow Areas, including right of way etc. to be

arranged by CONTRACTOR shall be deemed to have been included in the quoted prices. 19.2 CONTRACTOR’s quoted rate should include the royalty on different applicable items as per

the prevailing State Government rules and 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.

20.0 DRAWINGS AND SPECIFICATIONS 20.1 Construction shall be as per the latest issue of drawings and specifications etc. issued to

the CONTRACTOR by Engineer-in-Charge in two (02) copies duly marked “Issued for Construction” except wherein the CONTRACTOR’s scope of works includes complete design and detailed engineering in accordance with provision of Schedule of Prices, Job





specifications/technical specifications. 20.2 The detail drawings/specifications prepared by the CONTRACTOR along with referred

codes, standards and practices, back-up calculations, computer runs and other details on basis of which the designs have been prepared shall be subject to the OWNER’s/Engineer-in-Charge’s approval. Detailed working drawings and material specifications shall be prepared and established on the basis of the approved design(s) and shall also be subject to the OWNER’s/Engineer-in-Charge’s approval.

20.3 Construction shall be as per the latest issue of drawings and specifications duly marked

“Issued for Construction”. All dimensions shall be checked by the contractor at site for interference with any existing facility, before execution. Any minor modification, if needed, to suit site shall be carried out by contractor without any implication of cost of time.

20.4 CONTRACTOR shall ensure that all superseded issue of drawing and specifications etc.,

are withdrawn from circulation.

20.5 In case of discrepancy, generally the detailed drawing and specification shall be considered to be correct and such discrepancies shall be notified immediately to the Engineer-in-Charge.

20.6 CONTRACTOR shall mark up all the changes made during the construction in two copies of

all the drawings and submit the same as “As built” drawing.

21.0 UNDERGROUND AND OVERHEAD STRUCTURES 21.1 Engineer-in-Charge/ OWNER shall provide, to the best possible extent, details in respect of

existing structures, existing pipelines and utilities existing at job site to the CONTRACTOR. The CONTRACTOR shall execute the work in such a manner that the said structures, utilities, pipelines etc. are not disturbed or damaged, with necessary shoring/strutting, supporting arrangements, as required, and shall indemnify and keep indemnified the OWNER from and against any destruction thereof or damages thereto. Moreover, CONTRACTOR shall prepare drawing showing all the above stated details accurately and submit to Engineer-in-Charge. No extra payment shall be made on this account. The rates quoted in Schedule of Prices are deemed to be inclusive of the costs towards this activity.

22.0 LEADS 22.1 For the various works, in case of contradiction, leads mentioned in the Schedule of Prices

shall prevail over those indicated in the technical specifications or elsewhere in the bidding document.

23.0 STATUTORY APPROVALS 23.1 The approval from any authority required as per statutory rules and regulations of

Central/State Government shall be the responsibility of CONTRACTOR unless otherwise specified in the bidding document. The application on behalf of OWNER for submission to relevant authorities and along with copies of required certificate complete in all respect shall be prepared and submitted by the CONTRACTOR well ahead of time so that the actual construction/commissioning of work is not delayed for the want of approval/inspection by concerned authorities. CONTRACTOR shall be responsible for arrangement of inspections, liasioning with the concerned authorities. Reimbursement of Statutory fees paid by CONTRACTOR (as per advance approval of OWNER) may be provided for, subject to submission of documentary evidence.





23.2 Any change/addition required to be made to meet the requirements of the statutory

authorities shall be carried out by the CONTRACTOR within the quoted price. The inspection and acceptance of the work by the statutory authorities shall however, not absolve the CONTRACTOR from any of his responsibilities under this contract.

24.0 LABOUR RELATIONS 24.1 In case of labour unrest/labour dispute arising out of non-implementation of any law, the

responsibility shall solely lie with the CONTRACTOR and the CONTRACTOR shall remove/resolve the same satisfactorily at his own cost and risk.

24.2 The CONTRACTOR shall deploy only duly qualified and competent personnel for carrying

out the various jobs as assigned by the Engineer-in-Charge from time to time. The workmen deployed by the CONTRACTOR should also possess the necessary license etc., if required, under any law, rules and regulations.

25.0 EMPLOYMENT OF LOCAL LABOUR 25.1 The CONTRACTOR shall ensure that local labour; skilled and/or unskilled, to the extent

available shall be employed in this work. In case of non-availability of suitable labour in any category out of the above persons, labour from outside may be employed.

25.2 The CONTRACTOR shall not recruit personnel of any category from among those who are

already employed by the other agencies working at site but shall make maximum use of local labour available.

26.0 CONTRACTOR'S LABOURERS TO LEAVE SITE ON COMPLETION OF THE WORK

26.1 The labourers of CONTRACTOR must leave the location of the project site after the work is

tapered off/ completed. 27.0 TEMPORARY WORKS 27.1 All temporary and ancillary works including enabling works connected with the work shall be

responsibility of the CONTRACTOR and the price quoted shall be deemed to have included the cost of such works, which shall be removed by the CONTRACTOR, as required, at his cost, immediately after completion of the work.

28.0 SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT./ PUBLIC SECTOR

UNDERTAKINGS 28.1 If the CONTRACTOR is a PSU or Enterprise or is a Govt. Deptt. any disputes or differences

between the CONTRACTOR and the OWNER hereto arising out of any notified claim of the CONTRACTOR in terms hereof and/or arising put of any amount claimed by the OWNER (whether or not the amount claimed by the OWNER or any part thereof shall have been deducted from the final bill of the CONTRACTOR or any amount paid by the OWNER to the CONTRACTOR in respect of the work), then in suppression of the provisions of Section 9 of the General Terms and Conditions of Contract, the following provisions shall apply, namely; such disputes or differences shall be resolved amicably by mutual consultation or through the good offices or empowered agencies of the Government. If such resolution is not possible, then the unresolved disputes or differences shall be referred to arbitration of an arbitrator to be nominated by the Secretary, Department of legal affairs (Law Secretary) in terms of the Office Memorandum No. 55/3/1/75-CF dated 19th December, 1975 issued by the Cabinet Secretariat (Department of Cabinet Affairs) as modified from time to time. The Arbitration Act shall not be applicable to the arbitrator under this clause. The award of the





arbitrator 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. The parties to the dispute will share equally the cost of Arbitration as intimated by the Arbitrator.

28.2 Notwithstanding the existence of any dispute or arbitration in terms hereof or otherwise, the CONTRACTOR shall continue and be bound to continue and perform the works to completion in all respects according to the Contract (unless the Contract or Works be determined by the OWNER) and the CONTRACTOR shall remain liable and bound in all respects under the Contract.

29.0 RESPONSIBILITY OF CONTRACTOR 29.1 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 and implication of time to the OWNER.

29.2 All expenses towards mobilisation at site and demobilisation including bringing in

equipment, work force, materials, dismantling the 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.

29.3 It shall be responsibility of the CONTRACTOR to provide, operate and maintain all

necessary construction equipment, steel scaffoldings and safety gadgets, PPE, cranes/ derrick 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 without any extra cost to the OWNER.

29.4 Preparing approaches and working area for the movement and operation of the

cranes/derrick/other construction equipments, leveling the areas for assembly and erection shall also be 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 of while quoting for the work.

29.5 The CONTRACTOR shall be responsible for procurement and supply in sequence and at

the appropriate time of all equipments/ materials and consumables and his rates for execution of work will include supply of all these items.

29.6 The CONTRACTOR shall make all provisions for monsoon protection cover to ensure that

there shall not be any stoppage/hindrance in working during monsoon season. 30.0 PROVISION OF PROPER WARE HOUSING 30.1 In line with requirements specified in GCC and specifications, materials supplied by the

CONTRACTOR shall be properly stored by in his warehouse to enable easy traceability, handling and preservation with all materials having proper identification marks, colour coding etc. In case CONTRACTOR fails to follow the specified requirements, next payment due to him shall not be released till he complies with all the requirements.





31.0 PROVISION OF FABRICATION SHED 31.1 CONTRACTOR shall provide all weather fabrication sheds at sites for all prefabrication of

piping works 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.

32.0 MAKE OF EQUIPMENTS / COMPONENTS 32.1 CONTRACTOR shall procure and supply the items covered in their scope from the

approved vendors. Vendors list is specified under Clause 53.0 of SCC. Wherever an item is specified or described by a particular brand name, manufacturer or vendor, the specific item mentioned shall be for establishing type, function and quality desired. Other manufacturer’s products will be considered, provided sufficient information are furnished to the Employer to assess the products proposed as equivalent and acceptable. CONTRACTOR shall take prior approval from Engineer-in-charge for procuring such items, which are not covered under vendor list attached in bid list.

33.0 CONDITIONS FOR ISSUE OF MATERIALS BY OWNER, IF ANY, AND

RECONCILIATION OF MATERIALS 33.1 OWNER will issue the Free Issue Materials (FIM) as per terms and conditions set forth in

the General Conditions of Contract (GCC) from OWNER’s stores or other issue points of OWNER

33.2 Every month, CONTRACTOR shall submit an account for all materials issued by OWNER in

the proforma prescribed by the Engineer-in-Charge. On completion of work the CONTRACTOR shall submit “Material Appropriation Statement” for all materials issued by the OWNER.

33.3 Wherever materials are under CONTRACTOR’s scope of supply, whether part or in full for

any item of work covered under schedule of prices, no allowances towards wastage / scrap etc. shall be accounted for.

34.0 SCRAP AND EXCESS MATERIALS 34.1 The CONTRACTOR will carry out the work in such a manner that minimum scrap is

generated. 34.2 SERVICABLE MATERIALS 34.2.1 PIPING

a) All pipes measuring 2 meter and above in length shall be treated as serviceable materials provided they are in good and acceptable condition.

b) Pipe in less than 2 meter length shall be treated as scrap.

34.3 SCRAP

34.3.1 SALVEGABLE/SERVICEABLE SCRAP

a) Salvageable / Serviceable scrap shall mean lengths of tubes, pipes and cables etc. or piece of plates that can be used one time or other at a later date and they are recovered from cut pieces of tubes, pipes, multi-cables, cables etc.





b) The permissible limits of total scrap generation are as follows:

• Pipes & Tubes 3.50% (three point five percent) inclusive of non-serviceable scrap.

34.3.2 NON SALVEGABLE/NON SERVICEABLE SCRAP

Non-salvageable / Non-serviceable scrap shall mean the cut pieces of plates, tubes, pipes, multi-cables, cables etc. that can not be used at all. The following are the limits for non-salvageable / Non-serviceable scrap:

• Pipes & tubes : 0.50% (Half percent)

34.4 The CONTRACTOR shall submit, every month an account for all the materials issued to him by the owner in the proforma prescribed for this purpose by the Engineer-in-Charge. The CONTRACTOR shall ensure that the wastage of steel plates, structural steel, pipes and cables issued to him by the owner for the work shall be within the percentage given above at the theoretical consumption.

34.5 For the non-accounting of materials drawn by the CONTRACTOR over and above the

permissible limits CONTRACTOR shall be charged penal rate as under:

a) For non-return of scrap within permissible limits (including both serviceable as well as non-serviceable).

OWNER’s issue rate

b) For non-return of serviceable materials and / or excess generation of scrap beyond the permissible limits (including both serviceable scrap as well as non-serviceable scrap calculated on individual basis).

Double the OWNER’s issue rate Or market rate whichever is higher.

All off cuts / scrap and unused plates, and piping, cables, etc. shall be the property of the OWNER and shall be returned by the CONTRACTOR to the OWNER’s stores at site at his own cost. In case the CONTRACTOR fails to do so then the recovery for such quantities of material not returned by the CONTRACTOR shall be affected from the CONTRACTOR’s bill(s) and / or from any other payment due to him by the owner at rates indicated above.

35.0 QUALITY ASSURANCE SYSTEM 35.1 The CONTRACTOR shall adhere to the quality assurance system as per Jacobs

specification. After the award of the contract, detailed quality assurance programme to be followed for the execution of contract shall be submitted by CONTRACTOR.

35.2 The CONTRACTOR shall establish document and maintain an effective quality assurance

system as outlined in recognised codes. 35.3 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 organisational approach for quality control and quality assurance of the construction activities, at all stages of work at site as well as at manufacturer's works and dispatch of materials.





35.4 The Quality Assurance plan for various activities and materials shall be furnished to the

OWNER/ Engineer-in-Charge prior to commencement of the activities. The OWNER/ Engineer-in-Charge shall review the same within 3 (three) weeks of its submission.

35.5 The OWNER/Engineer-in-Charge 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.

35.6 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 par standards and all code requirements. In case Engineer-in-Charge feels that OA/QC Engineer(s) of CONTRACTOR 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.

35.7 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 and until he complies with the instructions to the full satisfaction of Engineer-in-Charge.

36.0 SITE ORGANISATION 36.1 The CONTRACTOR shall without prejudice to his overall responsibility to execute and

complete the works as per specifications and time schedule, progressively deploy adequate qualified and experienced personnel together with skilled / unskilled manpower and augment the same as decided by Engineer-in-Charge depending on the exigencies of work to suit the construction schedule without any additional cost to OWNER.

36.2 CONTRACTOR’s site organization shall include Planning Engineer (s), Safety Engineer (s)

and Quality Engineer (s). These engineers are exclusively dedicated for their functions. 36.3 The minimum qualification & experience of key supervisory construction personnel shall be

as follows:

Sl. No.

Category Qualification & Experience

1. Resident Construction Manager / Resident Engineer / Site-in- Charge

Degree in Engineering with minimum 20 years relevant experience in construction.

2. Lead Discipline Engineer Degree in relevant Engineering discipline with minimum 15 years experience in construction or Diploma in relevant Engineering discipline with minimum 20 years experience in construction.

3. Lead Welding / NDT Engineer Degree in Mechanical Engineering / Metallurgy with minimum 15 years experience in welding / NDT (Non-destructive Testing) plus Level-II in RT (Radiographic Testing) or Diploma in Mechanical Engineering / Metallurgy with minimum 20 years experience in welding / NDT plus Level-II in RT.

4. Lead QA / QC Engineer Degree in Engineering with 15 years Construction experience of which 5 years should be as a QA Manager.





Sl. No.

Category Qualification & Experience

5. Lead Planning Engineer Degree in Engineering with 15 years experience in Planning & Scheduling.

6. Lead Safety Officer Degree / Diploma in Engineering and Diploma in Industrial Safety with minimum 10 years relevant experience in Construction Safety.

7. Warehouse-in-Charge / Material Manager

Graduate in Science or Diploma in Engineering / Materials Management with 15 years experience in Warehousing / Stores Management of similar nature.

8. Discipline Surveyors Degree in relevant Engineering Discipline with minimum 3 years experience in Construction or diploma in relevant Engineering Discipline with minimum 6 years experience in Construction.

9.

Quantity Surveyors Degree in relevant Engineering Discipline with minimum 3 years experience or diploma in relevant Engineering Discipline with minimum 6 years experience in quantity estimation, field measurement, rate analysis etc. in Construction field.

36.4 Prior to deployment by CONTRACTOR of personnel with respect to any services covering

construction management, supervision, quality assurance, start up and/or commissioning assistance at site for and in relation to the works specified in the Bidding document, the CONTRACTOR shall submit the detailed CVs of such person proposed to be posted at site to Engineer-in-Charge for concurrence and approval. Any concurrence/approval of Engineer-in-Charge does not relieve CONTRACTOR of his responsibilities and all the liabilities to this effect shall be of CONTRACTOR.

36.5 Should the performance of any of CONTRACTOR’S personnel be found unsatisfactory by

the Engineer-In-Charge, the replacement of such personnel shall be carried out by the CONTRACTOR within 15 (fifteen) days of notification by the Engineer-In-Charge.

37.0 MECHANISED CONSTRUCTION 37.1 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 type of the plant & machinery applicable for different activities in consultation with the Engineer-in-Charge during execution of works.

37.2 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 mechanized construction techniques and that the OWNER/ Engineer-in-Charge in this regard shall entertain no claim whatsoever.

38.0 TESTS AND INSPECTION OF WORKS 38.1 The CONTRACTOR shall carry out the various tests as enumerated in the bidding





document and the technical documents that will be furnished during the performance of the work either on field or outside/laboratories concerning the execution of work and supply of the material by CONTRACTOR. All the expenses shall be borne by the CONTRACTOR and shall be considered as included in the quoted price. The inspection shall be done by followings: a) Representative deputed by Engineer-in-Charge. b) Representative deputed by Statutory Authority. CONTRACTOR shall give prior notice sufficiently ahead of time to the Engineer-in-Charge and also to the authorities to conduct inspection/ to witness such tests.

38.2 All the tests either on the field or at outside laboratory concerning the execution of the work

and supply of materials by the CONTRACTOR shall be carried out by the CONTRACTOR at his own cost.

38.3 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 bidding document, the technical documents that will be furnished to him during performance of work and the relevant codes of practice.

38.4 The CONTRACTOR shall provide for purposes of inspection, necessary instruments at his

own cost for inspection of work. 38.5 Any work not confirming to the execution drawings, specifications or codes shall be rejected

forthwith and the CONTRACTOR shall carry out the rectifications at his own cost. However, Inspection and acceptance of the work shall not relieve the CONTRACTOR from any of his responsibilities under this contract.

38.6 All results of inspection and test 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.

38.7 For materials supplied by OWNER, CONTRACTOR shall carryout the tests, if required by

the Engineer-in-Charge, and the cost of such tests shall be reimbursed by the OWNER at actual to the CONTRACTOR on production of documentary evidence.

38.8 Any work not conforming to drawings, specifications, codes shall be rejected and

CONTRACTOR shall carry out rectification at his own cost. 38.9 Cost towards repeat tests and inspection due to failures, repairs etc, for reasons attributable

to the CONTRACTOR shall be borne by the CONTRACTOR. 38.10 Various tests as specified in specifications shall be carried out to the entire satisfaction of

OWNER/Engineer-in-Charge. 39.0 RADIOGRAPHY 39.1 CONTRACTOR shall appoint radiography agency(ies) only after approval of such

agency(ies) by OWNER/ENGINEER-in-Charge. However, approval of radiography agency by OWNER/Engineer-in-Charge shall not absolve the CONTRACTOR of his responsibility to execute radiography work as per requirements of the Contract.

39.2 CONTRACTOR shall mobilize Radiography agency at site along with adequate number of

radiography resources, commensurate with the start of welding activity and quantum of





Radiography work load to avoid delays in Radiography and consequent generation of back log.

39.3 Date and extent of mobilization of radiography agency/resources shall be agreed by the

CONTRACTOR and the Engineer-in-Charge at the start of work. 39.4 In the event of generation of backlog in Radiography, CONTRACTOR’s R.A. Bill shall not

be entertained. 39.5 More than 100 weld joints in Above Ground Piping work and One week welding production

in Under Ground Piping work shall be considered as Backlog. For this purpose, CONTRACTOR shall submit a Radiography status along with RA Bills. This status shall give the total radiography workload in his contract, welding completed, number of welds/ spots identified for radiography, number of radiographs taken, number of radiographs accepted and welds pending under Retake/Reshot/Repair.

39.6 To verify that radiographs are being taken on the prescribed / selected welds /spots only, a

few welds / spots shall be selected by the Engineer-in-Charge or his designated person for check shots. The check shots shall be taken up before any further radiography work. The percentage of check shots and other details are given in the respective technical specification in the contract. In the absence of percentage for check shots in the contract, the Engineer-In-Charge shall decide the percentage.

39.7 The CONTRACTOR will be paid for the check shots at the quoted rates if no variation is

found. If variation is found, CONTRACTOR shall have to take reshots of the entire lot (a day’s production from which the check shots were selected by Engineer-in-Charge/ OWNER) from which the check shots were taken and repeat the check shots. In such cases, no payment will be made for the check shots as well as the reshot of the entire lot from which the check shots were taken.

39.8 In the event of any non-matching observed (i.e. variation in check shots taken after reshots

of the entire lot as per para 39.6 above, the radiography agency shall be removed and CONTRACTOR shall take 100% re-shots at his own cost by a different Radiography agency acceptable to OWNER/Engineer-in-Charge or from the list of radiography agencies enclosed in the Bidding Document (as the case may be) and the verification shall be again repeated as per clause 39.7 above. The process will be iterative till 2 (two) consecutive lots are found without nonmatching radiographs.

40.0 FINAL INSPECTION 40.1 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 they are brought to his notice by the OWNER/ Engineer-in-Charge. OWNER/ Engineer-in-Charge 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.

41.0 COMPLETION DOCUMENTS 41.1 The CONTRACTOR shall carryout various tests as called for in bidding document either on

field or at outside approved laboratories at his own cost. All test results and related documents shall be submitted in 6 (Six) copies as part of completion documents.

41.2 The following documents shall be submitted hard binded by the CONTRACTOR in 6 (Six)

sets; as a part of the completion documents

a) Material approval record for the material supplied by the CONTRACTOR.





b) Welding procedure specification. c) Welding procedure qualification report. d) Welder qualification report. e) Calibration / test certificates for all tools, tackles, instruments. f) Test certificates of lifting devices used. g) Concrete Cube Test Reports h) Construction Check Sheets for the various work carried out by the CONTRACTOR. i) Radiographic Inspection Report along with all Radiographs j) Procedures for PMI/Radiography/other NDTs approved for the project k) Hydro test packages with all relevant documents l) ‘As Built’ mark up on two sets of drawings.

42.0 COMPUTERISED CONTRACTOR'S BILLING SYSTEM 42.1 Without prejudice to stipulation in General Terms and Conditions of Contract,

CONTRACTOR should follow following billing system. The bills/measurement sheets will be prepared by the CONTRACTOR on their PCs as per the standard formats prescribed by OWNER/ Engineer-in-Charge. The CONTRACTOR will submit the bill/measurement sheets to OWNER/ Engineer-in-Charge 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.

42.2 OWNER/Engineer-in-Charge will utilize these data for processing and verification of bill of

the CONTRACTOR. 43.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT 43.1 The CONTRACTOR shall adhere to the Health, Safety and Environment (HSE)

management system as per Jacobs Specification No. 44LK-5100-718/K.02/0006/A4 and General Terms & Conditions Pertaining To Health, Safety & Environment enclosed as Annexure – IX to this SCC.

43.2 Arrangement for First aid medical facilities at site and Ambulance for necessary

transportation in emergencies shall be made by CONTRACTOR at his own cost. At least one emergency vehicle at all time shall be available at site during construction work.

43.3 The CONTRACTOR shall establish document and maintain an effective Health, Safety and

Environment (HSE) management system. 43.4 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 till CONTRACTOR complies with the instructions to the full satisfaction of Engineer-in-charge.

44.0 COORDINATION WITH OTHER AGENCIES 44.1 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 responsibility of the CONTRACTOR. In case of any dispute, the decision of Engineer-in-Charge shall be final and binding on the CONTRACTOR.

45.0 SITE ESTABLISHMENT AND INFRASTRUCTURE 45.1 OWNER will give land for construction of site office, covered store & fabrication yard etc.

OWNER would allocate the area in ‘Calico Yard’. CONTRACTOR shall construct the said structures as required for the job at his own cost and same to be dismantled and removed





and clear site to be handed over to OWNER on completion of job as directed. CONTRACTOR would also be responsible for Enabling / Preparatory works as may be required for construction of the site office, store, fabrication yard etc. and security arrangement at ‘Calico Yard’.

45.2 Notwithstanding the provisions of Clause no. 45.1 above, the OWNER reserves the right at

any time during the pendency of the work to call upon the CONTRACTOR to vacate the land or any part thereof on giving 7 (Seven) days’ written notice to the CONTRACTOR in this behalf.

45.3 OWNER will not provide any space for carrying out cement lining of pipes and fittings.

CONTRACTOR will have to arrange necessary space required for this purpose outside the Refinery premises. CONTRACTOR’s scope shall also include all necessary statutory approvals required for this purpose.

46.0 ELECTRICITY AND WATER 46.1 Water for purpose of construction, testing etc. shall be arranged by the CONTRACTOR at

its own cost. Necessary water testing for suitability shall be arranged by CONTRACTOR. CONTRACTOR shall be responsible for storage, as required and distribution arrangement of water at his own cost.

46.2 Drinking water will be supplied by the OWNER at one point on ‘free of cost’ basis.

Necessary arrangements for storage and distribution shall be arranged by the CONTRACTOR.

46.3 Construction power shall be arranged by the CONTRACTOR. The quoted rates shall

include the costs towards generation and distribution of Construction power. CONTRACTOR shall also arrange for necessary statutory approvals whatsoever may be required for operating the electrical power generation and distribution system. Preferably the electrical generating set should be noise free. Approval of the Engineer-in-Charge will also be required for energizing the power generation and distribution system.

47.0 LAND FOR RESEDENTIAL ACCOMODATION 47.1 CONTRACTOR shall arrange for residential accommodation for his staff and workers at his

own cost and the quoted prices shall be deemed to include the same. 48.0 FUEL REQUIREMENT OF WORKERS 48.1 CONTRACTOR shall be responsible to arrange at his own cost for the fuel requirement of

his workers and staff. Cutting of trees etc. shall not be permitted for this purpose. 49.0 SPECIAL REQUIRMENTS FOR GATE PASSES, MATERIAL ENTRY PASSES, WORK

PERMITS & SAFETY REGULATION. 49.1 ENTRY GATE PASSES. 49.1.1 The works under this contract are to be carried out in areas within the plant limits adjacent

or adjoining to an existing operating Refinery. As such, the CONTRACTOR and its SUB-CONTRACTOR and their employees and agents are required to abide by safety and security regulations of the OWNER in force from time to time

49.1.2 The CONTRACTOR shall apply for photo Entry Passes for its workers and staff and the

workers and staff of its SUB-CONTRACTOR in a prescribed proforma provided by the OWNER. The Application shall be accompanied by a Statement and Declaration in the form





prescribed by the OWNER signed by the employees for whom the Entry Passes are sought and confirmed by the employer. The OWNER shall issue the Photo Entry Passes for a maximum period of 3 (three) months, which will be extendable upon application of the CONTRACTOR. As a special case Temporary Passes may be issued for a maximum period of 7 (seven) days.

49.1.3 OWNER will issue the gate passes in SMART CARD, for which CONTRACTOR shall pay

fees of RS. 500/- (Rupees five hundred) per gate pass, which can be refunded by OWNER on returns of the gate pass.

49.1.4 CONTRACTOR shall submit Police verification reports for issue of gate pass. 49.1.5 In case of the loss of an Entry Pass/Identity Card the CONTRACTOR shall immediately

lodge an FIR with the local police station and inform the Engineer-in-Charge of the loss. The CONTRACTOR is required to keep an account and track of all Entry Passes issued and surrendered.

49.1.6 OWNER will arrange for Safety Training to all workmen after entry but prior to workers being

engaged for work. CONTRACTOR needs to inform in advance to OWNER/ Engineer-In-Charge for proper planning of Safety Training batches.

49.2 MATERIAL ENTRY PASSES 49.2.1 To bring materials, equipment, tools and tackle and other things inside the Refinery for

construction work, the CONTRACTOR has to produce proper documents of title or authority relative there to for inspection by personnel of the OWNER at gate. These shall be checked thoroughly by personnel of the OWNER at the Gate and recorded in their Register before permitting the same to be brought inside the Refinery limits. It is the responsibility of CONTRACTOR to see that the entry is duly recorded in the Register with proper Entry Number, date and signature of authorised representative of OWNER and that the supporting challans / documents are stamped and signed by personnel of OWNER at the gate at the time of entry.

49.3 WORK PERMIT 49.3.1 In order to keep the OWNER informed of the various jobs being undertaken within the

Refinery and to enable the OWNER to regulate the same to ensure the observance of safety regulations relative thereto. When work is to be carried out In hazardous areas, a Hot Work Permit is to be obtained by the CONTRACTOR from the OWNER before start of work on jobs which are capable of generating a flame, spark or heat e.g. gas cutting, grinding, welding, use of any electrical, diesel, petrol or battery operated prime mover, machine, tool or equipment or generator set, mixer machine, drilling machine, crane, fort lift or hand truck or trailer or chipping or breaking of rocks or concrete or hacksaw cutting and drilling. Similarly the CONTRACTOR is to be obtain a Cold Work Permit from the OWNER for jobs which do not come under the category of hot work and in respect of which there is no risk of fire e.g. transportation, backfilling of ordinary soil by manual process, shuttering, fixing of reinforcement, hand mixed concreting and brick work.

49.3.2 Depending on the nature of the work and the equipments and tools involved, the

CONTRACTOR shall apply for Cold/Hot Permit in a prescribed format at least 7 (seven) days before the work is planned to start No Work Permit shall be issued by OWNER unless proper arrangement is made by the CONTRACTOR to ensure safe performance of the work inside the Refinery limit. Job-wise and area-wise permits shall be issued to the CONTRACTOR and for work against each permit the CONTRACTOR shall post at site at least one Construction Supervisor and one Safety Supervisor of required level to ensure the





due observance of all safety requirements. 49.4 VEHICLE PERMIT 49.4.1 Permits are to be obtained separately for entry/use of vehicles/trailers and other mobile

equipments inside the Refinery limits. All the vehicles of CONTRACTOR should have a valid PUC certificates. The following requirements are to be met to obtain vehicle permit:

a) Vehicle/Equipment shall be in good condition and fitted with spark arrestor b) Vehicles should carry, wherever applicable, Valid Road tax certificate and fitness

certificate from the Competent authority and insurance policy. c) Valid operating/driving license of driver/operator.

49.4.2 Validity of the Permit

a) Any Hot or Cold Work Permit issued is valid only for 8 hours. (Per shift) b) Thereafter the validity of the Permit must be renewed for each shift (Morning &

Evening) by the shift in-charge/shift representative of the OWNER. c) The permit may be renewed for a maximum period of one month from the date of

issue and if extension is required, the CONTRACTOR has to apply for a fresh permit.

d) A permit is not valid for work on holidays unless special permission of the OWNER is obtained for the purpose.

49.5 SAFETY REGULATION 49.5.1 Regarding Work Permit

a) The work shall be carried out inside the Refinery limits to conform to the OWNER’S safety section and in accordance with any instructions of Engineer-in-Charge issued from time to time. Sometimes working hours may be drastically reduced or increased to satisfy safety requirements and the CONTRACTOR shall meet these requirements without any time and cost implications. No claim for idling of machinery, plant, manpower or equipment shall be entertained for reason of delay in the issue of a Work Permit and it shall be the exclusive responsibility of the CONTRACTOR to apply for, pursue and obtain the requisite Work Permit(s) well in advance of the relative requirement(s).

b) The CONTRACTOR shall abide by all safety regulations of the plant and ensure that

safely equipment for specific jobs as stipulated in the Factories Act Safety Handbook is issued to all employees during the execution of work, failing which all the works at site shall be suspended.

49.5.2 Regarding use of Vehicle

a) Vehicle must not ply on any road within the Refinery limit at a speed exceeding 20 KM/hr.

b) Mobile cranes, loaded, trucks and trailers must not exceed speed limit of 15 KM/hr inside the plant.

c) No crane is allowed to move inside the plant with load. d) No vehicle is allowed to be parked inside the plant.

49.5.3 Hydras are not permitted within the Refinery premises.





49.6 NORMAL WORKING HOURS. 49.6.1 Normal working hours at site will be form 08.00 hrs to 16.30 hrs. Any deviation from above s shall be with permission from Engineer-in-Charge/OWNER’s representative. 50.0 CERTIFICATE OF VERIFICATION AND GOOD CONDITION 50.1 The CONTRACTOR shall, before supply of material covered within the scope of supply, at

his own risks, costs and initiative, undertake or cause to be undertaken all tests, analysis and inspections as shall be required to be undertaken with regard to the materials under the specifications and any codes, practices, orders and instructions with respect thereto and shall cause the results thereof to be recorded, reported or certified, as the case may be, and shall not offer for delivery or deliver any material(s) which has/have not passed such tests/analysis or inspection and which are not accompanied by the tests results, reports and/or certificates in this behalf provided in the applicable specifications, code(s) and/or practices.

50.2 On arrival of the material at site the CONTRACTOR shall give written notice thereof to the

Engineer-in-Charge or Inspection Agency notified by the OWNER in this behalf, to inspect the materials, and shall keep in readiness for inspection, the materials and the relevant tests results, reports and certificates hereto.

50.3 Notwithstanding any other provisions in the contract documents for analysis or tests of

materials and in addition thereto, the CONTRACTOR shall, if so required by the Engineer-in-Charge or Inspection Agency in writing at his own risks and costs, analyse, test, prove and weigh all materials (including materials incorporated in the works) required to be analysed, tested, proved and/or weighed by the Engineer-in-Charge or Inspection Agency in this behalf and shall have such analysis or tests conducted by the agency(ies), or authority(ies) if any specified by the Engineer-in-Charge or Inspection Agency. The CONTRACTOR shall provide all equipment, labour, materials and other things whatsoever required for testing, preparation of the samples, measurement of work and/or proof of weighment of the materials as directed by the Engineer-in-Charge or Inspection Agency.

50.4 If on Inspection or proof, analysis or tests as aforesaid the Engineer-in-Charge or Inspection

Agency nominated by the OWNER in this behalf is prima facie satisfied that the material received is in conformity with the material requirements of the Bill of Materials and description given in the shipping documents and in the Contractor’s invoices in this behalf and that the test reports/results/certificates given in respect thereof are prima facie in conformity with the relevant result/reports/certificates required in respect thereof in terms of the specifications and/or relevant codes and practices, and that the material appears to be prima facie in good order and condition, the Engineer-in-Charge shall issue to CONTRACTOR, a Certificate of Verification and Good Condition in respect of such material, and this shall constitute the Certificate of Verification and Good Condition elsewhere envisaged in the contract documents.

50.5 Such certificate is only intended to satisfy the OWNER that prima facie the material supplied

by the CONTRACTOR is in order and shall not anywise absolve the CONTRACTOR of his/its full responsibility under the contract in relation thereto, including in relation to specification fulfillment and/or performance or other guarantees.

50.6 Notwithstanding that any area(s) or source(s) has/have been suggested by the OWNER to

the CONTRACTOR from which any material for incorporation in the works can be obtained, the CONTRACTOR shall independently satisfy himself of the suitability, accessibility and sufficiency of the source(s) of supply suggested by the OWNER and suitability of the material available from such source(s) with the intent that any suggestion as aforesaid shall not anywise relieve the CONTRACTOR of his full liability in respect of the suitability and





quality of the material(s) obtained from said source(s) and the Contractor shall obtain material(s) there from and incorporate the same within the permanent works entirely at his own risks and costs in all respects, with the intent that any such suggestion by the Owner shall only be by way of assistance to the Contractor and shall not entail any legal responsibility or liability upon the OWNER.

51.0 SURPLUS MATERIALS 51.1 All material supplied by the CONTRACTOR, once entered in the refinery premises cannot

be taken back and would be deemed to be the property of the OWNER and the same shall be transported properly to the OWNER's store or as directed by OWNER. Accordingly, the quoted prices shall be deemed to be inclusive of the same.

51.2 Surplus Civil construction materials comprising sand, bricks, stones and aggregate etc and

the product of dismantling temporary works erected by the contractor shall vest in and belong to the contractor upon completion of the works and/or on earlier termination of the contract for any cause, with right in the contractor, subject to the other terms and conditions of the contract, to remove the same from the job site subject to satisfactory proof of supply.

51.3 In case of CONTRACTOR’s returnable materials / tools / tackles and scraps such as

temporary structural steel / plates / beam pieces etc. for facilitating him during the execution of work shall be properly colour coded / painted. Only such properly identified materials will be allowed to take outside of Refinery after completion of job, with prior notification and permission from OWNER / Engineer-In-Charge.

52.0 VENDOR LIST 52.1 The CONTRACTOR shall purchase the Cement form the following manufacturers or their

stockist.

a) ACC b) L&T c) Aditya d) J.K Cement(Laxmi Cement) e) Gujarat Ambuja f) Shri Cement

52.2 The CONTRACTOR shall purchase the structural steel form the following manufacturers or

their stockist.

a) SAIL b) TISCO c) VAIZAG STEEL (RINL) d) JINDAL

52.3 The CONTRACTOR shall purchase the Welding Electrodes & fillers wires form the following

manufacturers or their stockist.

a) D&H b) ESAB c) ADOR d) L&T e) HONAVAR





52.4 The Vendor list for other items is included as Annexure X to this Special Conditions of Contract.

53.0 MODIFICATIONS TO GENERAL TERMS AND CONDITIONS OF CONTRACT 53.1 Clause no. 6.e.1 (vii) of the General Terms and Conditions of Contract stands deleted.

HPCL, MUMBAI 44LK – 5100

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1.7.1 Annexure I to SCC.doc

SCOPE OF WORK

[ANNEXURE – I TO SPECIAL CONDITIONS OF CONTRACT]

HPCL, MUMBAI Date: 17-Jan-11

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ANNEXURE – I TO

SPECIAL CONDITIONS OF CONTRACT Rev. C

44LK – 5100 ABOVE GROUND AND UNDERGROUND PIPING WORKS Page 2 of 5


ANNEXURE – I TO SPECIAL CONDITIONS OF CONTRACT SCOPE OF WORK 1.0 The scope of work in general includes scope of work specified in various Technical

Specifications and Schedule of Prices enclosed in the Bidding Document and includes but not limited to the followings:

1.2 Civil & Structural Works Civil & Structural work involved but not limited the followings

• Excavation in soil/soft rock/hard rock for laying of the underground pipes. • Concrete encasing of underground pipes. • Dismantling of existing Asphalt Roads/P Tiles/ RCC Works/ Brick Masonry/ Stone

Masonry Site Works etc for laying/erection of pipes. • Filling of approved Quality of Soil/Murrum and Sand for pavements, roads, trenches

etc. • Restoration of dismantled Roads/ Paver Blocks/ Pavements etc. • Structural Works involved in pipe racks/ pipe support.

1.2 Piping work 1.2.1 Transportation of pipes and all other required piping materials from OWNER’s storage

point to work site/shop including raising store requisitions for issue of materials in the prescribed format and maintaining an account of the materials received from OWNER’s stores. Piping materials will include but not limited to the followings

• Pipes • Flanges • Fittings • Valves • Gaskets • Bolts, Nuts or M/C Bolts • Expansion Joint/Bellows • Special items like online filters and strainers. • Online instruments like control valve, orifice flange, rotameter, safety valves etc.

1.2.2 Transportation of cement lined pipes, pipe fittings and all other required piping materials from Contractor’s storage point/yard outside refinery premises to work site/shop inside refinery premises. Piping materials will include but not limited to the followings

• Pipes • Flanges • Fittings • Valves • Gaskets • Bolts, Nuts or M/C Bolts

1.2.3 WPS, PQR and Welder Performance Qualification test as per ASME Sec IX (latest edition). Welding Procedure Specification (WPS) and Procedure Qualification Records (PQR) shall be submitted for approval of Engineer-in-Charge.


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1.2.4 Shop and field fabrication and erection of piping in accordance with technical specifications, ‘IFC’ drawings and schedule of prices including erection of all piping materials.

1.2.5 Fabrication and erection of pipe supports like shoe, saddle, guide, stops, anchors, clips,

cradles, hangers, turn, buckles, supporting fixtures, bracket cantilevers, struts, teeposts including erection of spring supports and sway braces.

1.2.6 Fabrication of piping specials like special radius bends, reducers, etc. 1.2.7 Fabrication of plain and threaded nipples from pipes as required during erection.

1.2.8 Fabrication of swage nipples as and when required. 1.2.9 Fabrication and erection of spool pieces out of free issue materials for replacing control

valves and inline instruments prior to testing. 1.2.10 Fabrication of odd angle elbow like 60o, 30o or any other angle from 90o/45o elbows as

and when required. 1.2.11 Grinding of edges of pipes, fittings, flanges etc. to match mating edges of

uneven/different thickness wherever required. 1.2.12 Radiography, stress relieving, dye penetration, magnetic particle test etc. as required

and indicated in the technical specifications. 1.2.13 Supply and installation of temporary gaskets, metallic blind, bolts, bolts and nuts for

testing and line wise, system wise flushing etc. 1.2.14 Preparation of hydro test package/hand over packages and submit to Engineer-in-

Charge for review and approval. 1.2.15 Making material reconciliation statement and return of OWNER’s supply left over

materials to OWNER’s storage. 1.2.16 Flushing of lines immediately after the hydro test by potable quality water, draining,

drying the lines by air and box up according to the drawings and specifications. Contractor’s scope of work includes supply of skilled, unskilled manpower, tools and tackles, temporary gaskets, metal blinds, temporary bolts scaffoldings, making all the temporary arrangements, machinery, supervision, safety, PPE’s etc., as per the instruction and to the full satisfaction of the OWNER/Engineer-in-Charge.

1.2.17 Underground Piping work

Laying and jointing of welded pipes / fabricated steel pipes and specials including transportation of all materials from OWNER’s/Contractor’s storage point, as applicable, to work site, cutting of pipes if required, edge preparation, providing coating and wrapping as per specification on pipes, and specials, laying the pipes to required alignments and levels, welding, installation of flanges, tapping for pressure gauges, temperature gauges and all other online instruments if required, hydrostatic testing of the system, flushing, drying the pipeline with compressed air, complete as per drawings, specifications and instructions of Engineer-in-charge, including return of all unused/ scrap pipes to OWNER’s storage point.


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1.2.18 Non- destructive Testing (NDT)

The job consists of • Carrying out various non destructives tests - radiography, dye penetrate tests,

magnetic particle test, ultrasonic test, ferrite test, PMI and other tests required as per codes/specification and identified in the schedule of prices with all equipment, consumables, labour, supervision, qualified Personnel’s appropriate levels, Tools and Tackles, necessary scaffolding PPE’s etc.

• Radiography to be carried out by BARC approved agency having qualified personnel

of appropriate levels only. Necessary approval/clearance from BARC shall be obtained before the start of such NDT works.

• Providing Dark Room facility and Radiography Source storage pit as per BARC

regulations. 1.2.19 Testing Flushing and testing shall be carried out up to battery limit shown in individual equipment

layouts / piping layouts or as identified by Engineer-in-Charge. Flushing and testing of all piping systems shall be carried out as per Standard Specification for Piping- Flushing, Testing and Inspection (ZSS 006). The limit shown is applicable for all elevations along that coordinate. The accessories required for blinding the line with suitable plates are to be arranged by CONTRACTOR. The scope of testing shall be inclusive of opening the flange point, providing necessary blind, de-blinding the system after test and re-boxing up as per specifications. Any defects noticed during hydro testing shall be made good by the contractor.

2.0 Cement Lining

Carrying out cement lining for piping/ pipe fittings at shop/ field as per standard specification for Cement Lined Piping (Document No. 44LK-5100/L.02/001/A4) attached with the bidding document including collection and transportation of material from CONTRACTOR's storage point to the fabrication shop / yard. All the pipes for underground piping shall be shot blasted and painted provided with wrapping and coating, as per the relevant specification. The CONTRACTOR shall carry out holiday test, as required, to the satisfaction of the Engineer-in-Charge as specified in the biding document.

3.0 Painting The scope of work broadly consists of painting of piping and structural steel work as

detailed in schedule of prices as per specification, drawings and instructions of Engineer-in-charge. The scope of work shall consist of surface preparation as required, selection and application of required paints on piping, steel structures etc. including but not limited to:

• All structural steel work but excluding those members, which are to be fireproofed. • All uninsulated piping and fittings including flanges and valves (including providing

identification marks).

• Any other surface as directed by Engineer-in-charge.


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• Cleaning up the working areas regularly during the course of work for purpose of good

house keeping as well as cleaning up the site on completion of the work as directed by the Engineer-in-charge.

• All other incidental / auxiliary / ancillary / accessory or any enabling work / materials

not specifically mentioned in the specifications but necessary for the execution and completion of work as envisaged in the tender document.

• Painting / Coating & Wrapping of buried lines.

4.0 Rotary Equipment

Transportation of Rotating Equipment & miscellaneous items from OWNER’s storage points to work site/CONTRACTOR's stores/location shown in the equipment layouts or plot plans, unloading, unloading of equipments at their respective places wherever direct installation is possible, assembly of sub-assemblies, placing the equipments on foundations including chipping & dressing of foundations, grouting (including supply and application of non-shrink grout material) providing and placing packing, shims, leveling, alignment of equipment with pipe and without pipe, bolt tightening and final alignment of equipment, preparation for no load run, flushing and filling of lubricant, replacement of gland packing with mechanical seals, completing the work in all respects as per drawings, technical specifications and instructions of Engineer-in-Charge till satisfactory start up, test run and hand over.

5.0 OWNER/Engineer- in- Charge shall provide, to the best possible extent, details in

respect of existing pipelines and utilities existing at job site to the CONTRACTOR. Necessary Shoring/Strutting, supporting arrangement as required for the existing utilities

will be executed by the CONTRACTOR without any implication of cost & time 6.0 Scope of work shall be read in conjunction with item description of Schedule of Prices

and CONTRACTOR’s scope shall include all activities of work specified in the item description of Schedule of Prices / Technical specification.

7.0 Rates shall include all cost for the performance of the item considering the parts of the

Bidding Document. In case any activity though specifically not covered in description of item under ‘Schedule of Prices / Technical specification’ but is required to complete the work which could be reasonably implied/ inferred from the content of bidding document, the cost for carrying out such activity of work shall be deemed to be included in the item rate.



1.7.2 Annexure II to SCC.doc

SCOPE OF SUPPLY

[ANNEXURE – II TO SPECIAL CONDITIONS OF CONTRACT]


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ANNEXURE – II TO




ANNEXURE – II TO SPECIAL CONDITIONS OF CONTRACT SCOPE OF SUPPLY 1.0 All materials, equipments, tools & tackles, labour & consumables required for successful

completion of work as per the description of item in Technical specification and Schedule of Prices enclosed in the bidding document shall be supplied by the CONTRACTOR and the cost of such supply shall be deemed to be included in the quoted rates without any additional liability on the part of the OWNER.

2.0 The procurement and supply in sequence and at appropriate time of all materials and

consumables required for the completion of the works shall be the responsibility of the contractor and prices quoted shall be deemed to be inclusive of such materials. The supply of these materials shall include but not limited to the following:

2.1 Reinforcement steel, Structural steel, Pipes, Pipe Fittings and Valves as indicated in the

schedule of prices enclosed in the bidding document. 2.2 All materials & consumables including tools, tackles, plant & machinery required for

carrying out the Piping works included in the scope of works of the CONTRACTOR. 2.3 Tools & Tackles for cutting, fitting, welding, brazing, cleaning etc. 2.4 All industrial gases such as oxygen, acetylene, inert gases, all types of electrodes, filler

wire, flux wire, brushes, etc. 2.5 Shims, wedges, and packing plates (machined wherever required). 2.6 All materials such as hydraulic pumps, metallic blinds, temporary gaskets etc. and

arrangement required for pressure testing. 2.7 Arrangement for compressed air, blinds, temporary gaskets etc. and arrangement

required for pneumatic pressure testing. 2.8 All materials and arrangement required for all types of non-destructive tests such as

radiography, dye-penetrant, magnetic particle test etc. 2.9 Asbestos cloth and water hoses for fire and safety protection as required. 2.10 Chain pulley block as per requirements. 2.11 All safety equipments required to conduct the job and avoid accident and keep good

house keeping and environment. 2.12 All other materials though not specified above but required for completion of the work as

per specification, drawings and instructions of the Engineer-in-charge. 3.0 Painting 3.1 All primers and finish paints. 3.2 All consumables required for surface preparation


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ANNEXURE – II TO




3.3 All equipments for paint application like Brushes, Spray nozzles, Spray pumps, Blowers etc.

3.4 All equipments like dust collector, protection shield etc for conducting the job.



1.7.3 Annexure III to SCC.doc

TIME SCHEDULE

[ANNEXURE – III TO SPECIAL CONDITIONS OF CONTRACT]


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ANNEXURE – III TO



1.7.3 Annexure III to SCC.doc

ANNEXURE – III TO SPECIAL CONDITIONS OF CONTRACT TIME SCHEDULE

Name of Work Time of Completion

Carrying out Above Ground, Underground Piping and associated works for DHT Project of Hindustan Petroleum Corporation Limited at Mumbai Refinery in accordance with the provisions of the Bidding Document.

08 (eight) months

Note: 1.0 Completion period shall be 8 (eight) months from the date of issue of Fax of

Acceptance/Letter of Acceptance/Letter of Intent. Any bidder quoting above 8 (eight) months will be loaded @1/2% per week of the quoted price including taxes and duties for the completion period above 8 (eight) months up to a maximum of 10 (ten) months. However, maintaining completion period of more than 10 (ten) months by the bidders would lead to rejection of their bids during techno-commercial evaluation.

2.0 The Overall Time of Completion shall be reckoned from the date of award of contract,

which shall be the date of issue of Fax of Acceptance/Letter of Acceptance/Letter of Intent.

3.0 The time indicated is for completing all the works in all respects as per specifications,

codes, drawings and instructions of Engineer-in-Charge. 4.0 Time of completion shall include the time required for mobilization, demobilization,

carrying out the works and submission of reports as per the requirement of the contract document and direction of the Engineer-in-Charge.


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ANNEXURE TO SCC – ABOVE GROUND AND UNDERGROUND PIPING WORKS Page 1 of 4

1.7.4 Annexure IV to SCC.doc

MEASUREMENT OF WORK AND INVOICING PROCEDURE

[ANNEXURE – IV TO SPECIAL CONDITIONS OF CONTRACT]


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ANNEXURE – IV TO SPECIAL CONDITIONS OF CONTRACT MEASUREMENT OF WORK & INVOICING PROCEDURE 1.0 GENERAL 1.1 The mode of measurement shall be as per the details mentioned in this Annexure. 1.2 In case of discrepancy between measurements of work specified in this Annexure.

Standard Specification/ Job Specification, Schedule of Prices etc., precedence shall be given in following order:

a) Measurement of works as per this Annexure of SCC. b) Measurement of works as mentioned in Standard Specification/ Job Specification. c) Measurement of works in accordance with item description of relevant item

mentioned in Schedule of Items. d) In case the clarity is not in the above documents, then it shall be as per BIS and if

it does not exist in BIS also, then Measurement of works shall be as decided by Engineer-in-Charge.

1.3 Payment will be made on the basis of joint measurements taken by CONTRACTOR and

certified by Engineer-in-Charge. Measurement shall be based on “Approved for Construction” / “Good for Construction” drawings, to the extent that the work conforms to the drawings and details are adequate.

1.4 Wherever work is executed based on instructions of Engineer-in-Charge or details are not

adequate in the drawings, CONTRACTOR shall take physical measurements in the presence of Engineer-in-Charge.

1.5 Measurements will be made on the basis of following units indicated in unit column of

schedule of rates. a) Weights MT or kg b) Length M (Meter) CM (Centimeter) MM (Millimeter) c) Number No. d) Volume Cu.M e) Area Sq.M

1.6 Welds, bolts, nuts, washers etc. shall not be measured. No payment for temporary works

connected with this Contract or for items such as weld, shims, packing plates, etc. shall be made by OWNER. Cost of above items shall be included in the item rates quoted.

1.7 Wherever the unit of items has been indicated as Lump sum, the payment shall be made

on Lump sum basis on completion and no mode of measurement shall be applicable. 1.8 The CONTRACTOR shall submit his monthly detailed measurements in 2 (two) copies to

Engineer-in-Charge. The measurement sheets shall be prepared as per Clause 42.0 of the SCC.

1.9 The Engineer-in-Charge shall verify the measurement; make necessary corrections on the

measurement sheets and the abstract of quantities based on which the CONTRACTOR will submit their progress invoice to the Engineer-in-Charge. The invoices shall be prepared as per Clause 42.0 of the SCC.

1.10 The relevant construction check sheets (copies) and the material approval records shall


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be attached along with the Invoice as part of the quality certification of the bill. 1.11 The proof of payment of wages to the workers employed directly by the CONTRACTOR

or by his sub contractors shall also be attached along with the Invoice. 2.0 Civil and Structural Work 2.1 The measurement of work as mentioned in the relevant standard/technical specification

shall be followed. 3.0 Piping and related work. 3.1 Piping 3.1.1 Payment will be made on linear measurement as per execution drawings. 3.1.2 All lines shall be measured along the centre lines of pipes, curvilinear centre lines of

bends and elbows, centre line of flanges and all other fittings such as tees, reducers, expansion joints etc. all in line instruments, line mounted fittings etc. Length of all types of valves shall be excluded in this measurement.

3.1.3 The socket weld fittings shall be supplied by the OWNER / CONTRACTOR, as applicable,

as per the requirements of the drawings. All other hot / cold bends, reducers etc. for size 1-1/2” and below shall be fabricated and erected as per requirements by the contractor at no additional cost and his rates for piping of size 1-1/2” and below shall be inclusive of this work.

3.1.4 The forged tees shall be supplied by the OWNER / CONTRACTOR, as applicable, as per

the requirement of the drawings. All other branch connections including reinforcement pads shall be accomplished by pipe to pipe connections. The rates quoted for piping shall be inclusive of making branch connections and provision of reinforcement pads.

3.1.5 Vents and drains shall be measured from O.D. of pipe lines and shall be paid for at the

corresponding unit rates for similar sizes of pipe. Other piping attachment such as coupling, earthing lugs etc. shall be supplied & erected by the contractor within his quoted rates for piping. However, vents and drains required temporarily for flushing and testing shall be provided by the CONTRACTOR at their cost.

3.1.6 Fabrication of spool pieces from materials supplied by the OWNER / CONTRACTOR , as

applicable for temporary use to aid CONTRACTOR’s work such as fabrication, erection, flushing and testing of piping etc. shall be done by CONTRACTOR at his cost as part of piping work and no separate payment shall be made for the same.

3.1.7 In case of branch piping, the measurement shall be made from outer surface of the main

line except in case of equal size branches, in which case measurement shall be made from centre line of the branching header.

3.2 Fabrication of Specials 3.2.1 For fabrication of mitre bends and reducers (concentric & eccentric) from the pipes/ Steel

plates/ fabricated pipes to be supplied by OWNER free of cost, payment will be made on numbers of such specials at the rates given separately in Schedule of Prices. The unit rate shall be inclusive of tests such as DP/ MP as mentioned in item description of an item. However, the erection of mitre bends and reducers shall be part of piping erection work and the rates for piping will be inclusive of this work.


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3.3 Valves 3.3.1 All types of valves such as gate / global / check / plug / needle / ball / control / safety

valves / Gate valves / butterfly valves etc. will be measured and paid on number basis as the rates given in the Schedule of Prices. Dismantling and re-erection of the valves required for the purpose of testing, calibration etc. shall not be considered for measurement as same are to be carried out by the contractor within his quoted rates. The length of such valves along with companion flanges shall be excluded from piping length.

3.4 Pipe Supports 3.4.1 Measurement and payment of fabrication and erection of pipe supports shall be on weight

basis. 3.4.2 Bolts, nuts and washers including U-bolt will be supplied by CONTRACTOR. Weight of

bolts, nuts and clamps etc. shall not be added to the weight of pipe support for payment purpose. Spring supports, if any, shall be supplied by OWNER as Free Issue.

3.4.3 Erection of all types of supports, spring supports and turn buckles, including grouting of

supports, if required, shall be carried out by the CONTRACTOR as part of piping work and no separate measurement & payment will be made for it.

3.5 Radiography / Dye-Penetrate (DP) Test 3.5.1 Measurement and payment for radiography shall be made on the basis of weld length

(inch dia) tested. Repeat radiography due to defective films or on repaired joint due to CONTRACTOR’s fault or for additional radiography necessitated due to poor performance of CONTRACTOR’s welder will be done at CONTRACTOR’s cost.

3.5.2 Measurement and payment for dye penetrate test will be on the basis of weld length

tested as mentioned in schedule of items. 3.5.3 The cost of DP test included in item description of piping items shall be included in the

quoted unit rate and no additional payment for such DP test for such items shall be made. Payment for DP test shall be made only for such items where DP test is not included in item description.

4.0 Painting on Piping, Specials and Fittings. 4.1 Payment will be made on the basis of area of piping painted. 4.2 Piping shall be measured along the centre line through all types of fittings and flanges. 4.3 Rates for painting of pipes shall be inclusive of painting of all types of pipe supports,

flanges, guides, shoes, saddles, clamps, etc. and also all types of fittings except valves which shall be paid separately on number basis, if required.

5.0 Painting on Steel Structure 5.1 Payment for Steel structures shall be made on the basis of admissible weight of structure

painted. 5.2 Welds, bolts, nuts, washers etc. shall not be measured and paid as rates for painting of

structure are inclusive of painting of such items.


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ANNEXURE TO SCC – ABOVE GROUND AND UNDERGROUND PIPING WORKS Page 1 of 6

1.7.5 Annexure V to SCC.doc

TERMS OF PAYMENT

[ANNEXURE – V TO SPECIAL CONDITIONS OF CONTRACT]


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ANNEXURE – V TO SPECIAL CONDITIONS OF CONTRACT TERMS OF PAYMENT 1.0 MOBILISATION ADVANCE

1.1 The CONTRACTOR shall be paid an interest bearing (interest @ SBI PLR rate + 1% pa –

SBI PLR rate as applicable on the due date of submission of last price bid) recoverable Mobilization Advance equivalent to 10% (Ten percent) of the Contract Price subject to fulfillment of the following conditions:

a) Signature of the formal Contract between the OWNER and the CONTRACTOR. b) Submission of Bank Guarantee(s) for an equivalent value valid for 3 months beyond

scheduled date of Completion of the works, from a Scheduled Bank in India recognized by RBI (including the Indian Branch of a Foreign Bank which is recognized as a Scheduled Bank by the Reserve Bank of India except Co-operative Banks) and in a format acceptable to the OWNER. The CONTRACTOR shall at the request of the OWNER suitably extend the validity of the Bank Guarantee(s) for such period or periods as may be required failing which, without prejudice to any other right or remedy available to the OWNER, the OWNER shall be entitled to encash the Bank Guarantee(s).

c) Submission of Bank Guarantee(s) by way of Security Deposit as stipulated in

Clause 4 b) of the General Terms & Conditions of Contract (Page no. VI.17). The CONTRACTOR shall at the request of the OWNER extend the validity of the Bank Guarantee(s) for such further period or periods as may be required failing which, without prejudice to any other right or remedy available to the OWNER, the OWNER shall be entitled to encash the Bank Guarantee(s).

1.2 The advance paid to the CONTRACTOR shall be used only for execution of this Contract

and the CONTRACTOR shall satisfy the OWNER/Engineer-in-Charge in this regard whenever required. If it is found that the said advance has been utilised by the CONTRACTOR in whole or part for any other purpose, the OWNER may at its discretion forthwith recall the entire advance and without prejudice to any other right or remedy available to the OWNER, recover the same by recourse to any Bank Guarantee(s).

1.3 The Indian Rupee advance(s) shall carry interest @ SBI PLR + 1% per annum from time

to time calculated on the reducing unadjusted balances of the Indian Rupee advances, and the advances shall without prejudice to any mode other of recovery available to the OWNER be recovered from the Running Account Bills and Final Bill of the CONTRACTOR @ 10% (Ten percent) of the Certified Bill amount. The interest accrued thereon shall be additionally deducted from the amount payable on each bill.

1.4 All recoveries against advances shall first be apportioned to interest and then to principal.

The value of the Bank Guarantees for Mobilisation Advance can be reduced, quarterly, based on the mobilisation advance recovered till that time.

2.0 ON ACCOUNT PAYMENTS 2.1 Progress payments shall be released to CONTRACTOR, as below, against monthly

running account bills duly certified by Engineer-in-Charge after affecting the necessary deductions.


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o 75% of the RA Bill amount duly recommended by the Engineer-in-Charge shall be paid within 7 (seven) days of receipt of RA Bill.

o Balance 25% shall be paid after verification/certification by Engineer-in-Charge

within 15 (fifteen) days of receipt of certified RA Bill.

o Payment of final bill shall be made in accordance with the provisions of General Terms and Conditions of Contract.

The basis for payment against various items shall be below: 2.1.1 For Supply Items

a) Structural Steel o 70% (Seventy percent) of the value as indicated in SP form on receipt of

materials at Contractor’s Fabrication Yard inside Refinery and on submission of the following documents with the Invoice - Signed Invoice(s) - Inspection Release Note by Third Party Inspection Agency. - Photocopy of Railway Receipt/LR For materials received at CONTRACTOR’s fabrication yard/ware house out side Refinery premises, the above payment shall be released on submission of a Bank Guarantee by the CONTRACTOR for equivalent value valid up to the contractual date of completion along with the Invoice. However, this Bank Guarantee shall be released after receipt of the materials (for which 70% payment is made) at Refinery site and acceptance of same.

o 15% (Fifteen percent) of the value as indicated in SP form on completion of fabrication as certified in monthly progress bill.

o 10 % (Ten percent) on erection, alignment, welding & painting as certified in

monthly progress bill. o 5% (Five percent) on completion of all works in all respects and acceptance

thereof.

b) Reinforcement Steel o 70% (Seventy percent) of the value as indicated in SP form on receipt of

materials at Contractor’s Fabrication Yard inside Refinery and on submission of the following documents with the Invoice - Signed Invoice(s) - Inspection Release Note by Third Party Inspection Agency. - Photocopy of Railway Receipt/LR For materials received at CONTRACTOR’s fabrication yard/ware house out side Refinery premises, the above payment shall be released on submission of a Bank Guarantee by the CONTRACTOR for equivalent value valid up to the contractual date of completion along with the Invoice. However, this Bank Guarantee shall be released after receipt of the materials (for which 70% payment is made) at Refinery site and acceptance of same.


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o 15% (Fifteen percent) of the value as indicated in SP form on completion of cutting and bending as per bar bending schedule and as certified in monthly progress bill.

o 10 % (Ten percent) on tying and placing in position as certified in monthly

progress bill.

o 5% (Five percent) on completion of all works in all respects and acceptance thereof.

c) Pipes, Pipe Fittings, Flanges, Gaskets, Stud, Bolts & Nuts

o 10% (Ten percent) of the value as indicated in SP form on placement of purchase order. This payment shall be released after submission of Bank Guarantee for equivalent value. This bank guarantee shall be valid up to the date of Completion stipulated in the Time Schedule. However this bank guarantee shall be released after receipt of the materials at site/ CONTRACTOR’s fabrication yard/ware house out side Refinery premises.

o 60% (Sixty percent) of the value as indicated in SP form on receipt of materials

at Contractor’s Fabrication Yard inside Refinery and on submission of the following documents with the Invoice - Signed Invoice(s) - Inspection Release Note by Third Party Inspection Agency. - Photocopy of Railway Receipt/LR For materials received at CONTRACTOR’s fabrication yard/ware house out side Refinery premises, the above payment shall be released on submission of a Bank Guarantee by the CONTRACTOR for equivalent value valid up to the contractual date of completion along with the Invoice. However, this Bank Guarantee shall be released after receipt of the materials (for which 60% payment is made) at Refinery site and acceptance of same.

o 10% (Ten percent) of the value as indicated in SP form on completion of fabrication of piping (welding should be completed as per the directions of the Engineer-in-Charge) as certified in monthly progress bill.

o 10% (Ten percent) of the value as indicated in SP form on completion of

erection, alignment, supporting, providing vents and drains, completion of welding (Welding should be completed as per directions of Engineer-in-Charge).

o 5% (Five percent) on completion of radiography and other examinations

including repairs, repeat radiography, etc., flushing, pressure testing, drawing and drying by compressed air.

o 5% (Five percent) on completion of all works in all respects and acceptance

thereof.

d) Valves

o 10% (Ten percent) of the value as indicated in SP form on placement of purchase order. This payment shall be released after submission of Bank Guarantee for equivalent value. This bank guarantee shall be valid up to the date of Completion stipulated in the Time Schedule. However this bank guarantee shall be released after receipt of the materials at site/


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CONTRACTOR’s fabrication yard/ware house out side Refinery premises. o 60% (Sixty percent) of the value as indicated in SP form on receipt of materials

at Contractor’s Fabrication Yard inside Refinery and on submission of the following documents with the Invoice - Signed Invoice(s) - Inspection Release Note by Third Party Inspection Agency. - Photocopy of Railway Receipt/LR For materials received at CONTRACTOR’s fabrication yard/ware house out side Refinery premises, the above payment shall be released on submission of a Bank Guarantee by the CONTRACTOR for equivalent value valid up to the contractual date of completion along with the Invoice. However, this Bank Guarantee shall be released after receipt of the materials (for which 60% payment is made) at Refinery site and acceptance of same.

o 15% (Fifteen percent) of the value as indicated in SP form on completion of erection as certified in monthly progress bill.

o 10% (Ten percent) of the value as indicated in SP form on completion of on

completion of hydro testing of system, flushing, blowing and testing on pro-rata basis including supporting.

o 5% (Five percent) on completion of all works in all respects and acceptance

thereof.

2.1.2 For Composite Items

a) Reinforcement Steel, Structural Steel & Pipe Supports o 75% (seventy five percent) on pre-fabrication/ tying and placing in position as

the case may be as certified in monthly progress bill o 20% (twenty percent) on erection, alignment, welding and painting. o 5% (Five percent) on completion of all works in all respects and acceptance

thereof.

b) Underground Piping o 85% after fabrication, painting, laying in position, jointing and ready for flushing. o 10% after flushing, testing and backfilling of trenches. o 5% on completion of all work in all respects and acceptance thereof.

c) Aboveground Piping o 40% after fabrication of piping (welding should be completed as per the

directions of the Engineer-in-Charge). o 30% on completion of erection, alignment, supporting, providing vents and

drains, completion of welding (Welding should be completed as per directions of Engineer-in-Charge).

o 15% on completion of radiography and other examinations including repairs, repeat radiography, etc., flushing, pressure testing, drawing and drying by compressed air.

o 10% on completion of the system box up and making ready for pre commissioning.

o 5% on completion of all work in all respects and acceptance thereof.


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d) Fabrication of Piping Specials

o 85% after fabrication and DP/MP test. o 10% after hydro testing and final approval. o 5% on completion of all work in all respects and acceptance thereof.

e) Valves & Special Materials

o 60% on completion of erection. o 25% on completion of hydro testing of system, flushing, blowing and testing on

pro-rata basis including supporting. o 10% on completion of system box up and making system ready for

commissioning. o 5% on completion of all work in all respects and acceptance thereof.

f) Equipment

o 50% on completion of erection. o 30% after alignment and grouting. o 15% (Ten percent) on Completion of Internal Cleaning, flushing, filling of

lubricants, water run, hydro test, as applicable and making ready for trial run. o 5% on completion of all work in all respects and acceptance thereof.

2.1.3 For any other items not mentioned above

a) 95% on completion of work on prorate basis as certified in monthly progress bill. b) 5% on completion of all work in all respects and acceptance thereof.

NOTE 1. The above progress payments are subject to deductions towards income tax and other

deductions as applicable as per terms of the Contract. 2. Further break up of above payment terms, if deemed necessary for any progressive

payment of individual items may be mutually arrived at by Engineer-in-charge and CONTRACTOR.

3. In case entire or part of the quantity of the material (s) supplied by the CONTRACTOR in

line with contract requirements is not installed as per the IFC drawings/specifications issued to the CONTRACTOR, balance payment against supply of material (s), which is payable on fabrication/erection/installation of the said material (s), for the part or entire quantity will be released on certification of the revision in drawings/specifications/MTO by Engineer-in-Charge and on handing over to OWNER's stores the balance material (s) with due re-conciliation & complete documentation.

4. Last 5% payment under other work shall be released after issue of completion certificate

by Engineer-in-charge in pursuant to Clause 5.1 of General Terms and Conditions of Contract.

HPCL, MUMBAI 44LK - 5100


1.7.6 Annexure VI to SCC.doc

MOBILISATION OF MINIMUM EQUIPMENTS

[ANNEXURE – VI TO SPECIAL CONDITIONS OF CONTRACT]


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ANNEXURE – VI TO SPECIAL CONDITIONS OF CONTRACT MINIMUM EQUIPMENTS TO BE MOBILISED AT SITE DURING PEAK CONSTRUCTION PERIOD Sl No

Equipment Description Capacity Minimum Deployment at Peak (in Numbers)

1 Crane 25 MT As required

2 Welding Machine - As required

3 Grinding Machine - As required

4 Gas Cutting Sets - As required

5 TIG Welding Machine - As required

6 X – Ray Machine - As required

7 Air Compressor 300 CFM - As required

8 Blast Cleaning Equipment - As required

9 Spray Painting Machine – Air Less - As required

10 Water Filling Pump - As required

11 Hydro-Test Pump (Motorised) - As required

12 Holiday Detector - As required

13 Heating blow torch - As required

14 Dumpers for earth removal - As required

15 Concrete breaker - As required

NOTES 1. The tentative list of minimum critical equipments in good working condition, required to be

mobilized at peak by the CONTRACTOR to complete the work within schedule is given above. The CONTRACTOR would be required deploy adequate number of equipments as required and /or directed by OWNER/Engineer-in-Charge. The CONTRACTOR may also be required to augment the above list with additional numbers/categories/types of equipments, tools, tackles, as required and/or directed by Engineer-in-Charge to complete the work within the completion time schedule and quoted price.

2. The CONTRACTOR to confirm that these equipments available with him for exclusive

deployment on this project site. Alternately, the CONTRACTOR may hire the equipments from an agency owning such equipments.

3. OWNER/Engineer-in-Charge reserves the right to physically check and verify the

availability of these equipments prior to award of work.


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4. The CONTRACTOR shall replace any defective/damaged equipment promptly to complete the work without any time and cost implication to the OWNER/Engineer-in-Charge.

HPCL, MUMBAI 44LK - 5100


1.7.7 Annexure VII to SCC.doc

DEPLOYMENT OF KEY CONSTRUCTION MANPOWER

[ANNEXURE – VII TO SPECIAL CONDITIONS OF CONTRACT]


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ANNEXURE – VII TO SPECIAL CONDITIONS OF CONTRACT KEY CONSTRUCTION MANPOWER TO BE DEPLOYED

Sl No

Description Nos.

1 RCM / Site-in-Charge / Resident Engineer 01

2 Lead Discipline Engineer

a) Civil / Structural 01

b) Piping 02

3 Lead Welding / NDT Engineer 01

4 Lead QA / QC Engineer 01

5 Lead Planning Engineer 01

6 Lead Safety Engineer 01

7 Quantity Surveyor 01

8 Materials Manager 01

7 Discipline Engineers

a) Civil/Structural 02

b) Piping 04

c) Warehouse 01

d) Planning 01

e) QA/ QC 01

f) Welding / NDT 02

g) Safety 04

NOTES 1. The details of minimum manpower required to be mobilized by the CONTRACTOR at

peak to complete the work within schedule is given above. CONTRACTOR is required to augment the above list with additional numbers / categories of personnel as required and / or as directed by Engineer-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 and having

adequate relevant experience, as specified in the bidding document. The other manpower shall also be qualified and experienced with their assigned work.


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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.