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BIDDING DOCUMENT
FOR
PLANT BUILDING WORKS
MASTER INDEX
PART – I – COMMERCIAL
1. MASTER INDEX 02
5. BIDDING FORMS 14
8. ANNEXURES TO SCC
Page 1 of 2
MASTER INDEX
GURU GOBIND SINGH POLYMER
ADDITION PROJECT
3 SCHEDULE OF RATES 01
FORM SP-1 (Detailed Description) 63
Page 2 of 2
LETTER INVITING BID
The Letter Inviting Bid (LIB) is open only to Agencies to whom this LIB is issued
To,
---------------
---------------
SUBJECT: PLANT BUILDING WORKS FOR GURU GOBIND SINGH POLYMER ADDITION
PROJECT OF M/S HMEL (BIDDING DOCUMENT NO. RJ/B018-000-CJ-T-
8105/1015)
Dear Sirs,
1.0 INTRODUCTION:
2.0 Engineers India Ltd. (EIL) on behalf of M/s HMEL, PUNJAB (INDIA) has the pleasure of
inviting you to submit Bids under two-bid system for the subject work for Guru Gobind
Singh Polymer addition Project.
Page 1 of 12
LETTER INVITING BID
3.0 You have been prequalified for subject works, subject to your meeting the following
Commercial Experience & Financial criteria:
One Work of Value not less than INR 131,11,23,000 /- ( Indian Rupees One hundred
Thirty One Crore Eleven Lakh Twenty Three Thousand Only)
Page 2 of 12
LETTER INVITING BID
Note:
For fulfilling the commercial experience criteria, following documents shall be considered
as valid proof for meeting the criteria:
1. Copies of work orders/ relevant pages of contract/SOR mentioning the value and the
scope of work.
ii. Copy of a document from client/ consultant approving sub-contractor for the job
iii. Copies of Completion Certificates from the end User/ Owner and also from the
main contractor. The Completion Certificates shall have details like work order
no. /date, brief scope of work, ordered & executed value of the job, completion
date etc
However, in case bidder is not able to furnish the completion certificates from the
end user/ Owner/PMC in his name then completion certificate issued in the name
of main Contractor shall also be considered as proof of completion.
A job executed by a bidder for its own plant/ projects can’t be considered as experience
for the purpose of meeting requirement of BQC of the Bidding Document. However, jobs
executed for Subsidiary/ Fellow subsidiary / Holding company will be considered as
experience for the purpose of meeting BQC subject to submission of tax paid invoice(s)
duly certified by Statutory Auditor of the bidder towards payments of statutory tax in
support of the job executed for Subsidiary/ Fellow subsidiary / Holding company. Such
bidders to submit these documents in addition to the documents specified above to meet
BQC.
Page 3 of 12
LETTER INVITING BID
3.3 GENERAL
i. Bidder to evidence the meeting of financial criteria shall furnish complete audited annual
report including auditor’s report, Balance Sheet, Profit & Loss Account Statement and all
other schedules for the preceding three financial years.
ii. In case the last financial year closing date is within 9 months of bid due date and audited
annual report of immediate preceding financial year is not available, bidder has the option
to submit the financial details of the three previous years immediately prior to the last
financial year. Otherwise, it is compulsory to submit the financial details of the immediate
three preceding financial years.
Example, In case, audited annual report of immediate preceding financial year (year
ending 31st March) is not available and where bid closing date is up to 31st December,
the financial details of the three previous years immediately prior to the last financial year
may be submitted. However, in case the bid closing date is after 31st December, it is
compulsory to submit the financial details of the immediate three preceding financial
years only.
iii. In case a bidder (a Parent Company) is having wholly owned subsidiaries but only a
single consolidated annual report is prepared and audited which includes the financial
details of their wholly owned subsidiaries, consolidated audited annual report shall be
considered for establishing the financial criteria subject to statutory auditor of the bidder
certifying that separate annual report of bidder (without the financial data of subsidiaries)
is not prepared and audited.
iv. Further, in case a bidder is a subsidiary company and separate annual report of the
bidder is not prepared & audited, but only a consolidated annual report of the Parent
Company is available, consolidated audited annual report shall be considered for
establishing the financial criteria subject to statutory auditor of the parent company
certifying that separate annual report of bidder is not prepared and audited.
5 Bid shall be valid for a period of 75 Days from final bid due date.
6 BID SUBMISSION:
PART-I (i.e. UN-PRICED TECHNO-COMMERCIAL BID) & PART-II (i.e. PRICED BID) of
the Bid shall be submitted in the manner described in Instructions to Bidders (ITB) of
Bidding Document.
Page 4 of 12
LETTER INVITING BID
In absence of requisite document, HMEL/EIL reserves the right to reject the bid without
making any reference to the bidder.
9 Un-priced (Techno-Commercial Part) Bids sent through Telex, Telegram, Fax, Computer
Compact Disc (CD) or E - Mail shall not be accepted. HMEL/EIL takes no responsibility for
delay, loss or non-receipt of un-priced bids sent by post or courier.
10 A bidder who is on Holiday/ Negative list of EIL/HMEL on due date of submission of bid /
during the process of evaluation of the bids, the offers of such bidders shall not be considered
for bid opening/evaluation/award. Further, in case of a consortium, if any of the member(s) of
consortium is on Holiday/ Negative list of EIL/ HMEL on due date of submission of bid /
during the process of evaluation of the bids, the offers of such consortium shall not be
considered for bid opening/evaluation/Award.
11 Bidder should not be under liquidation, court receivership or similar proceedings. Bidder to
submit self-certificate.
12 In case any bidder is found to be involved in cartel formation, his bid will not be considered for
evaluation/ placement of order. Such bidder will be debarred from bidding in future.
13 Canvassing in any form by the Bidder or by any other Bidder on their behalf may lead to
disqualification of their Bid.
15 HMEL/EIL shall not be responsible for any expenses incurred by bidders in connection with
the preparation & delivery of their bids and other expenses incurred during bidding process.
16 HMEL/EIL reserve the right to assess Bidder's capability and capacity to perform the Contract
by taking into account various aspects such as concurrent commitments, performance etc.
17 HMEL/EIL reserves the right to reject any or all Bids without assigning any reason.
18 HMEL’s HSE document attached with the commercial section shall prevail over the EIL
HSE document no. 6-82-0001 Rev.6 attached with the technical section.
19 In case you do not intent to quote for this work, please submit the Acknowledgement Letter
indicating the reason of regret to EIL at the address given above.
Thanking you,
Very truly yours,
(Rajeev Jain)
Dy. General Manager (SCM)
Engineers India Limited
Page 5 of 12
LETTER INVITING BID
Enclosures:
i) Commercial Part and its enclosures.
ii) Technical Part and its enclosures.
Page 6 of 12
LETTER INVITING BID
FINANCIAL DETAILS
OR
Financial details of the above mentioned Company, as per latest available audited balance sheet
are as follows: Auditor/CA to select either of the following options and strike off the other.
a. In case bidder is a parent company, i.e., having its wholly owned subsidiaries: Auditor to
select either of the following options and strike off the other.
i. Financial details are of parent company without the financial data of subsidiaries
ii. Financial details are of parent company including the financial data of subsidiaries. It is
certified that separate annual report of bidder, without the financial data of subsidiaries,
is not prepared and audited.
OR
b. In case bidder is a subsidiary company: Auditor to select either of the following options
and strike off the other.
i. Financial details are of subsidiary company
ii. Financial details are of parent company including the financial data of subsidiaries. It is
certified that separate annual report of bidder,i.e., subsidiary, is not prepared and
audited.
OR
Page 7 of 12
LETTER INVITING BID
c. In case bidder does not have any subsidiary or parent company, Financial details of are
of the company itself.
Value
S no. Description Year
Currency (____________)
Latest financial year
1. Turnover
(_____________)
Preceding 1st year
(_____________)
Preceding 2nd year
(_____________)
Latest financial year (*)
2. Net Worth
(_____________)
(*) – Indicate Positive or Negative (Value is not Mandatory)
Note:
1. In case the financial year closing date is within 9 months of bid due date and audited
annual report of immediate preceding financial year is not available, bidder has the option to
submit the financial details of the three previous years immediately prior to the last financial
year. Otherwise, it is compulsory to submit the financial details of the immediate three
preceding financial years.
Example, In case, audited annual report of immediate preceding financial year (year ending
31st March) is not available and where bid closing date is up to 31ST December, the financial
details of the three previous years immediately prior to the last financial year may be
submitted. However, in case the bid closing date is after 31st December, it is compulsory to
submit the financial details of the immediate three preceding financial years only.
2. In case a bidder (Parent Company) is having wholly owned subsidiaries but only a single
consolidated annual report is prepared and audited, which includes the financial details of
their wholly owned subsidiaries, consolidated audited annual report shall be considered for
establishing the financial criteria subject to statutory auditor of the bidder certifying that
separate annual report of bidder (without the financial data of subsidiaries) is not prepared
and audited.
3. Further, in case a bidder is a subsidiary company and separate annual report of the
bidder is not prepared and audited, but only a consolidated annual report of the Parent
Company is available, consolidated audited annual report shall be considered for
establishing the financial criteria subject to statutory auditor of the parent company certifying
that separate annual report of bidder is not prepared and audited.
4. Networth calculation: Networth means paid up share capital, Share Application Money
pending allotment* and reserves# less accumulated losses and deferred expenditure to the
Page 8 of 12
LETTER INVITING BID
extent not written off. Networth has been calculated using the following formula, as per
provisions of the enquiry document:
# Reserves to be considered for the purpose of networth shall be all reserves created out of
the profits and securities premium account but shall not include reserves created out of
revaluation of assets, write back of depreciation and amalgamation.
*Share Application Money pending allotment will be considered only in respect of share to be
allotted.
6. Networth and Turnover has been calculated using the above mentioned formulae and
after giving effect to the impact of Audit Qualifications given in the Audit Report.
Signature
Name & Designation
Page 9 of 12
LETTER INVITING BID
FINANCIAL DETAILS
OR
Financial details of our Company, as per latest available audited balance sheet are as follows:
Company to select either of the following options and strike off the other.
a. In case bidder is a parent company, i.e., having its wholly owned subsidiaries: Company
to select either of the following options and strike off the other:
i. Financial details are of parent company without the financial data of subsidiaries
ii. Financial details are of parent company including the financial data of
subsidiaries. It is certified that separate annual report of bidder, without the
financial data of subsidiaries, is not prepared and audited.
OR
b. In case bidder is a subsidiary company: Auditor to select either of the following options
and strike off the other.
i. Financial details are of subsidiary company
ii. Financial details are of parent company including the financial data of
subsidiaries. It is certified that separate annual report of bidder,i.e., subsidiary, is
not prepared and audited.
OR
c. In case bidder does not have any subsidiary or parent company, Financial details of are
of the company itself.
Page 10 of 12
LETTER INVITING BID
Value
S no. Description Year
Currency (____________)
Latest financial year
1. Turnover
(_____________)
Preceding 1st year
(_____________)
Preceding 2nd year
(_____________)
Latest financial year (*)
2. Net Worth
(_____________)
(*) – Indicate Positive or Negative (Value is not Mandatory)
Note:
1. In case the last financial year closing date is within 9 months of bid due date and audited
annual report of immediate preceding financial year is not available, bidder has the
option to submit the financial details of the three previous years immediately prior to the
last financial year. Otherwise, it is compulsory to submit the financial details of the
immediate three preceding financial years.
Example, In case, audited annual report of immediate preceding financial year (year
ending 31st March) is not available and where bid closing date is up to 31ST December,
the financial details of the three previous years immediately prior to the last financial year
may be submitted. However, in case the bid closing date is after 31st December, it is
compulsory to submit the financial details of the immediate three preceding financial
years only.
2. In case a bidder (Parent Company) is having wholly owned subsidiaries but only a single
consolidated annual report is prepared and audited, which includes the financial details
of their wholly owned subsidiaries, consolidated audited annual report shall be
considered for establishing the financial criteria subject to statutory auditor of the bidder
certifying that separate annual report of bidder (without the financial data of subsidiaries)
is not prepared and audited.
3. Further, in case a bidder is a subsidiary company and separate annual report of the
bidder is not prepared and audited, but only a consolidated annual report of the Parent
Company is available, consolidated audited annual report shall be considered for
establishing the financial criteria subject to statutory auditor of the parent company
certifying that separate annual report of bidder is not prepared and audited.
4. Networth calculation: Networth means paid up share capital, Share Application Money
pending allotment* and reserves# less accumulated losses and deferred expenditure to
Page 11 of 12
LETTER INVITING BID
the extent not written off. Networth has been calculated using the following formula, as
per provisions of the enquiry document:
# Reserves to be considered for the purpose of networth shall be all reserves created out
of the profits and securities premium account but shall not include reserves created out
of revaluation of assets, write back of depreciation and amalgamation.
*Share Application Money pending allotment will be considered only in respect of share
to be allotted.
6. Networth and Turnover has been calculated using the above mentioned formulae and
after giving effect to the impact of Audit Qualifications given in the Audit Report.
Signature
Name & Designation
Page 12 of 12
ACK. CUM CONSENT
LETTER
To
Dear Sir,
We hereby acknowledge receipt of a complete set of Bidding Document along with enclosures for subject
works, downloaded from website as per the Master Index for our use in preparing the Bid.
We undertake that the contents of the above Bidding 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 works and furnish following details with respect to
our quoting office:
________________________
________________________
________________________
Page 1 of 2
ACK. CUM CONSENT
LETTER
________________________
C. We are unable to bid for the reasons given below and we are returning back the entire set of
Bidding Documents.
______________________________________________________________________________
_
______________________________________________________________________________
______________________________________________________________________________
SIGNATURE : _________________________
NAME : _________________________
DESIGNATION : _________________________
DATE : _________________________
NOTE: Bidder is requested to furnish the details mentioned at A and B or C immediately after receipt of
Bidding Document.
(SIGNATURE OF BIDDER)
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INSTRUCTIONS
TO
BIDDER (ITB)
GURU GOBIND SINGH POLYMER
ADDITION PROJECT
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INSTRUCTIONS
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BIDDER (ITB)
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TABLE OF CONTENTS
A GENERAL ............................................................................................................................................................ 3
1.0 SCOPE OF BID ....................................................................................................................................... 3
2.0 CORRUPT AND FRAUDULENT PRACTICES .................................................................................... 3
3.0 ELIGIBLE BIDDERS ............................................................................................................................. 3
B CONTENTS OF BIDDING DOCUMENT ......................................................................................................... 3
4.0 BIDDING DOCUMENT ......................................................................................................................... 3
5.0 CLARIFICATION OF BIDDING DOCUMENT, PRE-BID MEETING & SITE VISIT ........................ 4
6.0 AMENDMENT OF BIDDING DOCUMENT ......................................................................................... 5
7.0 ACKNOWLEDGEMENT & CONFIRMATION .................................................................................... 5
C PREPARATION OF BIDS ................................................................................................................................. 6
8.0 COST OF BIDDING................................................................................................................................ 6
9.0 LANGUAGE OF BID.............................................................................................................................. 6
10.0 DOCUMENTS COMPRISING THE BID ............................................................................................... 6
11.0 ALTERNATIVE BIDS ............................................................................................................................ 8
12.0 BID PRICES AND DISCOUNTS............................................................................................................ 8
13.0 CURRENCIES OF BID AND PAYMENT.............................................................................................. 9
14.0 PERIOD OF VALIDITY OF BIDS ......................................................................................................... 9
15.0 BID SECURITY ...................................................................................................................................... 9
D SUBMISSION AND OPENING OF BIDS ...................................................................................................... 10
16.0 SEALING AND MARKING OF BIDS ................................................................................................. 10
17.0 DEADLINE FOR SUBMISSION OF BIDS .......................................................................................... 11
18.0 LATE BIDS ........................................................................................................................................... 11
19.0 WITHDRAWAL, SUBSTITUTION, AND MODIFICATION OF BIDS ............................................. 11
E EVALUATION AND COMPARISON OF BIDS ............................................................................................ 11
20.0 CONFIDENTIALITY ........................................................................................................................... 11
21.0 DEVIATIONS, RESERVATIONS, AND OMISSIONS ....................................................................... 11
22.0 DETERMINATION OF RESPONSIVENESS ...................................................................................... 12
23.0 CLARIFICATION OF BIDS ................................................................................................................. 12
24.0 EVALUATION OF TECHNO-COMMERCIAL BIDS......................................................................... 12
25.0 CORRECTION OF ARITHMETICAL ERRORS ................................................................................. 13
26.0 CONVERSION TO SINGLE CURRENCY .......................................................................................... 13
27.0 RIGHT TO ACCEPT ANY BID, AND TO REJECT ANY OR ALL BIDS .......................................... 13
F AWARD OF CONTRACT ................................................................................................................................ 14
28.0 AWARD CRITERIA ............................................................................................................................. 14
29.0 NOTIFICATION OF AWARD ............................................................................................................. 14
30.0 SIGNING OF CONTRACT ................................................................................................................... 14
31.0 PERFORMANCE SECURITY.............................................................................................................. 14
32.0 CORRUPT AND FRAUDULENT PRACTICES .................................................................................. 14
33.0 REGISTRATION WITH STATUTORY AUTHORITIES .................................................................................... 15
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A GENERAL
1.0 SCOPE OF BID
1.1 HPCL-Mittal Energy Limited (HMEL), is planning to set up a Petrochemical Complex at
GGSR Refinery at Bathinda and have appointed Engineers India Limited (EIL) as
consultant for Preparation of Detailed Feasibility of this project. The Proposed site is
coming in the existing refinery complex at HMEL – GGSRL – Bathinda – Punjab, India.
1.2 HMEL have appointed Engineers India Limited (EIL) as their Consultant for implementation of the
Project and shall be referred as Project Management Consultancy (PMC).
1.3 For the purposes of this Bidding Document, ‘HMEL’ or ‘Company’ or “Owner” or ‘Employer’ means
HPCL Mittal Energy Limited (HMEL), a company incorporated under the Companies Act, 1956
having its registered office at Village Phulokhari, Taluka Talwandi Sabo, Distt. Bathinda - 151301,
Punjab.
1.4 The term “bid”, Bidding Document and “tender” and their derivatives (such as “bidder/tenderer”,
“Bid/ tendered/ tender”, “bidding/ tendering”, “Employer/Owner/HMEL” etc. are synonymous and
‘day’ means calendar day. Singular means plural.
1.5 EIL for and on behalf of HMEL invites Bids, under single stage two bid system, for the entire work
covered under the Bidding Documents (hereinafter referred as “WORK”).
2.0 CORRUPT AND FRAUDULENT PRACTICES
2.1 EIL/HMEL requires compliance with its policy in regard to corrupt and fraudulent practices as per
the provisions set forth in the bidding document.
3.0 ELIGIBLE BIDDERS
3.1 A bidder may be a firm or a company, who, have been issued the Bidding Document on Limited
Competitive Basis or/ and intends to submit Bid, in response to Invitation for Bids (IFB) on Open
Competitive basis.
3.2 A bidder who is on Holiday/ Negative list of EIL/HMEL on due date of submission of bid / during
the process of evaluation of the bids, the offers of such bidders shall not be considered for bid
opening/evaluation/award. Further, in case of a consortium, if any of the member(s) of consortium
is on Holiday/ Negative list of EIL/ HMEL on due date of submission of bid / during the process of
evaluation of the bids, the offers of such consortium shall not be considered for bid
opening/evaluation/Award.
3.3 In case of limited competitive bidding, the bidding is open only to the bidders to whom Bidding
Document has been issued.
B CONTENTS OF BIDDING DOCUMENT
4.0 BIDDING DOCUMENT
4.1 The Bidding Document shall in general consist of the following and should be read in conjunction
with any amendment issued in accordance with Clause No. 6.0 of ITB.
Invitation for Bid (IFB)/ Letter Inviting Bid (LIB).
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5.5 Any modification of the Bidding Document, which may become necessary as a result of the pre-bid
discussion, shall be intimated to all bidders through the issue of an Addendum/Amendment.
5.6 Based on the pre-bid discussions, no-deviation form/ techno-commercial compliance shall be
signed and submitted by the bidders as part of their offer. After pre-bid meeting, no deviation shall
be accepted. Bidder in their own interest shall submit bids fully complying to bidding document
requirements and EIL shall reserve the right to proceed with the available compliant bids for
evaluation without raising any technical/ commercial queries.
5.7 Technical / Commercial queries (TQ/CQ) shall not be issued once the bid have been opened.
However, wherever CQ/ TQ are unavoidable, the same shall be raised only once and the cut-off
date given for CQ/ TQ replies shall be adhered to. Offers shall be evaluated based on the
information available upto cut-off date for CQ/ TQ replies. Bidder shall not submit any Price
against TQ/ CQ raised unless specifically sought in writing.
5.8 Bidder is advised to visit and examine the Project Site and its surroundings and obtain for itself on
its own responsibility all information that may be necessary for preparing the bid and entering into
a contract for execution of the Works. All costs towards the same including the cost of visiting the
Site shall be at the bidder’s own expense.
5.9 Bidder and any of its personnel will be granted permission by EIL/HMEL to enter upon its premises
and lands/ Project Site for the purpose of such visit, but only upon the express condition that the
bidder and its personnel will relieve and indemnify EIL/HMEL and its personnel from and against
all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage
to property, and any other loss, damage, costs, and expenses incurred as a result of the
inspection.
6.0 AMENDMENT OF BIDDING DOCUMENT
6.1 At any time prior to the deadline for submission of bids, EIL may, for any reason whether at his
own initiative or in response to the clarification requested by the prospective bidder(s), issue
amendment in the form of Amendment/ Addendum.
6.2 Any addendum issued shall be part of the Bidding Documents and shall be uploaded on EIL
website http://tenders.eil.co.in.
6.3 To give bidders reasonable time in which to take an addendum into account in preparing their bids,
EIL may extend the deadline for the submission of bids, pursuant to Clause No. 17.0 of ITB.
6.4 EIL may also for any reason issue amendment subsequent to receiving the bids. Any amendment
thus issued shall become part of Bidding Document. Bidder shall follow the instructions issued
along with Amendment with regard to submission of impact on quoted price / revised price, if any.
7.0 ACKNOWLEDGEMENT & CONFIRMATION
7.1 Within 03 days of downloading of Bidding Document, bidder shall acknowledge and confirm his
intention to bid for the tendered work on EIL website http://tenders.eil.co.in.
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C PREPARATION OF BIDS
8.0 COST OF BIDDING
8.1 Bidder shall bear all costs associated with the preparation and submission of its Bid, and
EIL/HMEL shall not be responsible or liable for those costs, regardless of the conduct or outcome
of the bidding process.
9.0 LANGUAGE OF BID
9.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by the bidder
and EIL, shall be in the English language. Supporting documents and printed literature that are
part of the Bid may be in another language provided they are accompanied by an accurate
translation of the relevant passages in the English language, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
01 Original + 02 Copies
Receipt Section
Engineers India Limited
Bhikaiji Cama Place,
R.K. Puram, New Delhi 110066.
Tel. No.: 011-26763356
Fax No.: 011-26191714
Attn.: Mr. Rajeev Jain, DGM (SCM)
EIB 10th Floor
(b) PART – II (Priced Part) - Priced-Bid shall be submitted in Physical Form at the
following address:-
Part-II (Priced Bid)
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Note: Hard (Physical) copy of un-priced bid & Priced Bid for Foreign Bidders shall be
submitted on Delivered Duty Paid (DDP) basis as per INCOTERMS 2010.
Bidder should declare nominal value in their invoice and also certify that the packet(s)
contains the Bid/offer in the form of hard copy along with Compact Disk and that:
i. The above have no commercial value.
ii. Value declared is for customs purpose only.
10.1.1 PART - I -TECHNO-COMMERCIAL/ UNPRICED BID
(a) Bid forwarding letter.
(b) Master Index of the Bidding Document and Amendment/addendum (if any) duly signed and
stamped by the bidder in token of having read all parts of the Bidding Document and having
accepted and considered the same in preparing and submitting the Bid.
(c) Original Bid Security.
(d) Qualification Documents against Experience Criteria and Financial Criteria in line with Clause
No 3.1, 3.2 & 3.3 of LIB.
(e) Power of attorney in favour of Signatory (ies) of the bid that such person (s) is/ are authorised
to sign the Bid on behalf of the Bidder and consequence resulting due to such signing shall
be binding on the Bidder.
(f) In case of bids submitted by a JV, if permitted in LIB/IFB, shall include a copy of the Joint
Venture Agreement entered into by all members;
(g) Bid Form & Information about bidder in accordance with relevant forms provided in Bidding
Forms;
(h) Complete Audited Annual Financial Year Report including auditor report, Balance Sheet,
Profit & Loss Account Statement and all other schedules for the preceding three financial
year;
(i) Past experience (if required as per LIB/IFB) along with details and supporting documentation
as called for in the Bidder qualification criteria (BQC);
(j) Copies of documents defining constitution or legal status, place of registration and principal
place of business of the Company.
Organization details
• In case of a proprietorship firm, the name and address of proprietor, and certified copy of
Bank Account Details.
• In case bidder is a partnership firm, certified copy of the partnership deed.
• In case of company (whether private or public), certified copy of the `Certificate of
Incorporation' together with certified copy of Memorandum/Articles of Association
(k) Compliance to Bid requirement as per Form-D provided in Bidding Forms;
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(l) Bank Mandate Form with cancelled cheque duly signed and stamped with the Banker’s
certification as per relevant forms provided in Bidding token of Forms;
(m) Unpriced copy (without price) of Schedule of Rates/Prices, in accordance with the
instructions mentioned therein.;
(n) Self certificate as per Form-E regarding not under Liquidation, Court receivership or similar
proceedings, Current Litigation/ Arbitration and Black listing/ Holiday listing;
(o) Compliance to requirement of pan no., tax residency certificate and form no.10F as per
relevant forms provided in Bidding Forms (applicable for foreign bidder in case of services in
india is required as per scope of Bidding document);
(p) any other document required as per, Technical Specifications.
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In case any activity is not specifically covered in description of item under `Schedule of
Rates/Prices' but is required to complete the work as per Scope of Work, Scope of Supply,
Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of
Contract or any other part of Bidding Document, the rates/ prices quoted shall be deemed to be
inclusive of cost incurred for such activity.
12.4 Rates/ prices quoted by the bidder, shall remain firm, fixed and valid till the completion of the
Works and will not be subject to variation on any account except as otherwise specifically provided
in the Bidding Documents.
12.5 Discount, if any, must be indicated in the column provided in Schedule of Rates/Prices only,
provided in the Bidding Document.
12.6 All duties, taxes, and other levies payable shall be as per Special Conditions of Contract.
13.0 CURRENCIES OF BID AND PAYMENT
13.1 Indian Bidder shall quote in INR only. Foreign Bidder shall quote in home currency of bidder’s
country or USD/EURO only and Foreign Bidder shall quote Indian sourced Supplies/Services (if
applicable) in INR only.
14.0 PERIOD OF VALIDITY OF BIDS
14.1 Bids shall remain valid for the period as specified in LIB/IFB, after the bid submission deadline
date prescribed by EIL in accordance with Clause 17.0 of ITB. A bid with shorter validity shall be
rejected by EIL/HMEL as non-responsive. Bidders shall not be entitled during the above period,
without the consent of EIL/HMEL in writing, to revoke or cancel their Bid or to vary the Bid given or
any term thereof. In case of bidders revoking or cancelling their Bid or varying any terms in regard
thereof without the consent of EIL/HMEL in writing, EIL/HMEL shall forfeit Bid security, submitted
along with the bid and shall reject their bids. Such Bidder may also be put on Holiday list/ Negative
List as per prevalent policy of EIL/HMEL.
14.2 In exceptional circumstances, prior to the expiration of the bid validity period, EIL/HMEL may
request bidders to extend the period of validity of their bids. The request and the responses shall
be made in writing. If a bid security is requested in accordance with Clause 15.1 of ITB, it shall
also be extended for 2 (Two) months beyond the deadline of the extended validity period. A bidder
may refuse the request without forfeiting its bid security. A bidder granting the request shall not be
permitted to modify its bid.
15.0 BID SECURITY
15.1 Bidder shall furnish as part of its bid, a Bid Security, in original form and, in the amount and
currency specified in the LIB/IFB. Any bid not accompanied with a requisite Bid security or the
Bid Security not being for the required amount, may be summarily rejected by EIL/HMEL. Format
of Bank Guarantee for Bid Security is provided in Bidding Document.
15.2 EIL/HMEL shall not pay any interest on Bid Security furnished. Further, in case bank guarantee
submitted is found to be fake, bid of such bidder shall be rejected and may initiate action as
deemed necessary as per EIL/HMEL Policy.
15.3 The bid security shall be a demand draft / bank guarantee in favour of M/s HPCL – MITTAL
Energy Limited, in any of the following forms at the bidder’s option:
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(a) an unconditional guarantee in the format provided in Bidding Document. The Performance
Guarantee for the amounts expressed in INR shall be issued by an Indian Nationalized/
Scheduled Bank or a Foreign Bank notified as a Scheduled Bank under the provision of the
“Reserve Bank of India Act” through any of its branches in India. The Bank Guarantee in
currencies other than INR shall be acceptable only if these are issued by an International
Bank of repute situated outside India and are confirmed by their branches in India or by any
Scheduled Bank in India or by an Authorized dealer in India as per guidelines issued by the
RBI from time to time;
(b) demand draft payable at New Delhi;
15.4 The bid security shall be valid for Two (2) Months beyond the validity period of the bid, or beyond
any period of extension if requested under Clause 14.2 of ITB.
15.5 EMD/ Bid securities of unsuccessful bidders will be returned upon placement of order/ award.
Also, EMD of late bids/ where un priced bids not opened, shall be returned after priced bid
opening. In case of the successful Bidder, the same will be returned after the order/ contract is
effective and Composite Bank Guarantee towards performance is submitted. However, in case
EIL/HMEL decides to cancel / annul the Enquiry / bidding document at any stage during the
bidding process but before the award of work/ items (as applicable), EMD of the bidders shall be
returned at the earliest from the date of such decision.
15.6 The bid security shall be forfeited:
(a) if a bidder withdraws its bid during the period of bid validity, or any extension thereto provided
by the bidder; or submits multiple bids/alternative bids in accordance with Clause 11.0 of ITB
(b) does any breach of tendering terms and conditions; or
(c) on his own modifies his bid during the period of bid validity; or
(d) if the successful bidder fails to:
(i) sign the Contract in accordance with Clause 30.0 of ITB; and/or
(ii) furnish a Composite Bank Guarantee towards performance in accordance with Clause
31.0 of ITB.
(iii) to accept arithmetical corrections pursuant to Clause 25.0 of ITB.
(e) If the Information/ documents forming basis of evaluation submitted by the bidder in the bid is
found to be false/ forged in accordance with relevant provisions provided in Bidding
Document.
15.7 In case of a JV/Consortium bid (if permitted in LIB/IFB), the Bid Security shall be submitted by the
Leader or any of the members of the Consortium on behalf of consortium in original form and, in
the amount and currency specified in the LIB/IFB.
D SUBMISSION AND OPENING OF BIDS
16.0 SEALING AND MARKING OF BIDS
16.1 Bids should be submitted separately in two parts, as per Clause No. 10.0 above.
16.2 PART -I - TECHNO-COMMERCIAL/ UNPRICED BID
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This part shall contain documents as per Clause No. 10.0 above.
16.3 PART -II – Priced Bid
This part shall contain documents as per Clause No. 10.0 above.
16.4 The envelope containing Part I of bids should be duly sealed and marked with cut-out slip.
16.5 Also bidder shall ensure that the envelope containing Part I is strong enough to withstand the
weight and en-route handling by Postal Departments, Courier Service etc.
16.6 If the envelope containing Part I is not sealed & marked as above, the HMEL/ EIL will assume no
responsibility for premature opening of the bid.
17.0 DEADLINE FOR SUBMISSION OF BIDS
17.1 Bid must be submitted by the due date and time mentioned in the LIB/IFB or any extension thereof
as duly notified in writing by EIL.
18.0 LATE BIDS
18.1 Bids submitted after final bid due date & time will be declared “Late". HMEL/EIL reserves the
right to reject/ accept the Late Bids at their sole discretion.
18.2 In the event the Bid Security in original, is not submitted with the un-priced part, the bids may not
be considered for opening.
19.0 WITHDRAWAL, SUBSTITUTION, AND MODIFICATION OF BIDS
19.1 The Bidder may modify or withdraw its bid after the bid’s submission, provided that written notice
of the modification or withdrawal is received by the EIL prior to the deadline prescribed for
submission of bids.
19.2 The Bidder's modification or withdrawal notice shall be prepared, sealed, marked and despatched
in accordance with the provisions of procedure for submission of bids. A withdrawal notice may
also be sent by fax or e-mail but must be followed by signed confirmation copy.
19.3 No bid shall be withdrawn, substituted, or modified in the interval between the deadline for
submission of bids and the expiration of the period of bid validity or any extension thereof.
E EVALUATION AND COMPARISON OF BIDS
20.0 CONFIDENTIALITY
20.1 Information related to the examination, clarification, evaluation and comparison of Bids and
recommendations for award of contract shall not be disclosed to Bidder or other person not
officially concerned with such process. Any effort by Bidder to influence the HMEL's/ EIL's
processing of Bidding or award decisions may result in rejection of such Bidder’s Bid.
21.0 DEVIATIONS, RESERVATIONS, AND OMISSIONS
21.1 During the evaluation of bids, the following definitions apply:
(a) “Deviation” is a departure from the requirements specified in the Bidding Documents;
(b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of
the requirements specified in the Bidding Documents; and
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(c) “Omission” is the failure to submit part or all of the information or documentation required in
the Bidding Documents.
22.0 DETERMINATION OF RESPONSIVENESS
22.1 HMEL’s/EIL’s determination of a bid’s responsiveness is to be based on the contents of the bid
itself, as defined in Clause 10.0 of ITB.
22.2 A substantially responsive bid is one that meets the requirements of the Bidding Documents
without material deviation, reservation, or omission. A material deviation, reservation, or omission
is one that,
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or performance of the Works specified in
the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding Documents, HMEL’s/EIL’s
rights or the bidder’s obligations under the proposed Contract; or
(iii) would unfairly affect the competitive position of other bidders presenting substantially
responsive bids.
22.3 Bidder should not be under liquidation, court receivership or similar proceedings. Bidder shall
submit self certificate in this regard.
Bidder who is found to be under court receivership or similar proceeding as per above declaration,
then their offer may not be considered for further evaluation.
23.0 CLARIFICATION OF BIDS
23.1 Bidders should ensure that the Bid submitted is substantially responsive Bid in the first instance
itself. Evaluation may be completed based on the content of the Bid itself without seeking any
subsequent additional information which may result in rejection of Bid. However, EIL may, at its
discretion, may request bidder to submit the necessary information or documentation, within a
reasonable period of time, to withdraw material deviation, reservation, or rectify omission in the bid
related to documentation requirements. Requesting information or documentation on such account
shall not be related to any aspect of the price of the Bid. EIL’s request for clarification and the
response shall be in writing.
23.2 No change, including any voluntary increase or decrease, in the prices or substance of the bid
shall be sought, offered, or permitted. Bidder shall not be allowed to submit any price implication or
revised price after submission of Bid unless the same is called for by EIL/HMEL in writing.
23.3 Any clarification submitted by a bidder that is not in response to a request by EIL shall not be
considered. Failure of the bidder to comply with the request may result in the rejection of its Bid.
23.4 If a bidder does not provide clarifications of its bid by the date and time set in EIL’s request for
clarification, its bid shall be evaluated with available information which may result in rejection of
their bid.
24.0 EVALUATION OF TECHNO-COMMERCIAL BIDS
24.1 EIL/HMEL will determine whether each bid is accompanied with required Bid Security, as
applicable;
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(i) Fulfils the technical, financial, experience and other requirements as specified in the Bidding
Document;
(ii) Bid’s responsiveness, in accordance with Clause 22.0 of ITB;
(iii) Any other relevant factor, if any that EIL deems necessary or prudent to be taken into
consideration.
24.2 EIL/HMEL reserves the right to use in-house information for assessment of capability of bidder and
their performance on jobs completed/ in progress for evaluation purpose.
25.0 CORRECTION OF ARITHMETICAL ERRORS
25.1 EIL/HMEL shall correct arithmetical errors on the following basis:
(i) The prices quoted by bidders shall be checked for arithmetic correction, if any, based on rate
and amount filled by the bidder in the SOR/price schedule formats. If some discrepancies are
found between the rate / amount given in figures/words, the total amount shall be corrected
as per the following procedure, which shall be binding upon the bidder:
(a) When the rate quoted by bidder “in figures” and “words” tallies but the total amount is
incorrect, the rate quoted by the bidder shall be taken as correct and the total amount
shall be reworked.
(b) When there is difference between the rate “in figures” and in “words”, the rate that
corresponds to the total amount, shall be taken as correct..
(c) When it is not possible to ascertain the correct rate as detailed above, the rate quoted
for the item in words shall be adopted and total amount shall be reworked.
(ii) Where bids are invited on + or – percentage over the EIL estimated contract price and there
is a discrepancy in total amount quoted in summary of prices and the amount arrived at after
calculating the percentage increase/ decrease quoted by the bidder over EIL estimate then
the total amount shall be corrected based on the EIL estimated contract amount and the
quoted percentage.
25.2 Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the
correction in accordance with Clause 25.1 of ITB, shall result in the rejection of the Bid and Bid
Security shall be forfeited.
26.0 CONVERSION TO SINGLE CURRENCY
26.1 Wherever provisions of bidding document permits bidder to quote prices in more than one
currency, for evaluation and comparison purposes, the currency(ies) of the Bid shall be converted
into a single currency, and that will be Indian Rupees only at the Bill selling exchange rate
published by the State Bank of India, on the day of price bid opening.
27.0 RIGHT TO ACCEPT ANY BID, AND TO REJECT ANY OR ALL BIDS
27.1 EIL/HMEL reserves the right to accept or reject any or all the bids at his discretion and may annul
the Bidding process, without thereby incurring any liability to bidders or without any obligation to
inform the affected Bidder or Bidders of the grounds or the reasons for the EMPLOYER'S action.
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GURU GOBIND SINGH POLYMER
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F AWARD OF CONTRACT
28.0 AWARD CRITERIA
28.1 if in the opinion of HMEL, the total price or certain item rates quoted by the lowest evaluated
bidder are considered high, HMEL may invite the successful bidder for price negotiation. Such
bidder shall attend such negotiation meetings and if requested by HMEL shall provide the
analysis of rates/break-up of amount quoted by him for any or all items of Schedule of Rates/
Prices to demonstrate the reasonability. As a result of negotiation, bidder may offer rebate on his
earlier quoted Price.
29.0 NOTIFICATION OF AWARD
29.1 Prior to the expiration of the period of bid validity, the HMEL shall notify the successful bidder, in
writing, by way of notification letter (hereinafter and in the General Conditions of Contract called
the “Letter of Acceptance (LOA)” that his bid has been accepted.
29.2 HMEL/EIL shall not be obliged to furnish any information/ clarification/explanation to the
unsuccessful Bidders as regards non acceptance of their bids.
29.3 Until a formal contract is prepared and executed, the notification of award along with this Bidding
Document together with the annexed documents, modifications, deletions agreed upon by the
EIL/HMEL shall constitute a binding contract between the successful bidder and the HMEL.
30.0 SIGNING OF CONTRACT
30.1 Promptly upon issue of LOA, the successful bidder shall sign, the Contract Agreement on a non-
judicial stamp paper and of appropriate value. The cost of non-judicial stamp paper shall be borne
by the successful bidder.
31.0 PERFORMANCE SECURITY
31.1 Within thirty (30) days of the receipt of notification of award from HMEL, the successful bidder shall
comply with the requirement of Composite Bank Guarantee towards performance as per Bidding
Document.
31.2 Failure of the successful bidder to submit the above-mentioned Composite Bank Guarantee or
sign the Contract shall constitute sufficient grounds for the annulment of the award and forfeiture
of the bid security.
32.0 CORRUPT AND FRAUDULENT PRACTICES
32.1 Bidders are required to furnish the complete and correct information/ documents required for
evaluation of their bids. If the information/ documents forming basis of evaluation is found to be
false/ fake/ forged, the same shall be considered adequate ground for rejection of the bids and
forfeiture of earnest money deposit.
32.2 HMEL/EIL requires that the Contractor observes the highest standard of ethics during the
execution of Contract. In pursuance of this policy, HMEL/EIL defines, for the purposes of this
provision, the terms set forth below as follows:
a. “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action of public official in contract execution; and
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GURU GOBIND SINGH POLYMER
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32.3 HMEL/EIL may terminate the Contract if it discovers subsequently that the Contractor had
engaged in Corrupt Practices, or Fraudulent Practices in competing for the Contract.
32.4 In case, the information/ document furnished by the Contractor forming basis of evaluation of its
Bid is found to be false / fake/ forged after the award of the Contract, HMEL/EIL shall have the
right to terminate the Contract and get the remaining Works executed by a third party at the risk &
Cost of the Contractor and without any prejudice to other rights available to HMEL/EIL under the
Contract such as forfeiture of the Composite Bank Guarantee, withholding of payment etc
32.5 In case, this issue of submission of false/fake documents comes to the notice after execution of
the Works, HMEL/EIL shall have full right to forfeit any amount due to the Contractor along with
forfeiture of the Composite Bank Guarantee furnished by the Contractor.
32.6 Further, any Contractor which is found guilty of any Corrupt or Fraudulent Practice or submission
of false/fake /forged documents, shall be put on the negative/ holiday list of HMEL/EIL debarring
them from future business with HMEL/EIL.
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BIDDING FORMS
BIDDING FORMS
Rev1 Page 1 of 14
BIDDING FORMS
TABLE OF CONTENTS
BIDDING DCOUMENT NO. : RJ/B018-000-CJ-T-8105/1015
NAME OF WORKS : PLANT BUILDING WORKS - IV FOR GURU GOBIND SINGH
POLYMER ADDITION PROJECT
A FORM OF BID
E SELF DECLARATION
Page 2 of 14
BIDDING FORMS
FORM-A
FORM OF BID
(To be filled by the Bidder)
Serial No. Date:
To
Engineers India Limited
1, Bhikaiji Cama Place,
R.K. Puram,
New Delhi – 110 066
Dear Sirs,
Having examined the Bidding Documents consisting of the Letter Inviting Bid / Invitation for Bids,
Bidding Data Sheet Instructions to Bidders, General Conditions of Contract, Special Conditions of
Contract, Specifications, Technical requirements, Time Schedule, Form of Agreement, Form of Bid,
and Addendum(s) to the Bidding Documents (if any), and having understood the provisions of the said
Bid Documents and having thoroughly studied the requirements of EIL/HMEL in connection with the --
-------------------------- (Name of Work) for ……………………………………………………… and having
conducted a thorough study of the job site(s) involved, the site conditions, soil conditions, the climatic
conditions, labour, power, water, material and equipment availability, the transport and communication
facilities, the availability and suitability of Site Fabrication Areas, the availability of land and/or
premises for temporary office and accommodation quarters and all other factors and facilities and
things whatsoever necessary or relevant to the formulation of the Bid and the performance of work,
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 Bid Documents at the
rates/prices quoted by me/us in Schedule of Rates/Price included within the Bid Documents and
arrived at rates/prices for the services and supplies as per the Schedule of Rates/Price. If the work is
awarded to me/us, I/we undertake to perform the work and make the supplies in accordance with the
Contract Documents as defined in the Form of Agreement forming part of the bid documents and
accept the terms and conditions of Contract as laid down therein and undertake to submit within 30
days of receipt of Notification of award of Bid for security deposit as specified in the Letter of
Acceptance of bid by way of Bank Guarantee and to commence work at the job site and to sign the
formal Contract in terms of the Proforma of Contract Agreement forming part of Bid Documents within
30 days of receipt of the Letter of Acceptance from HMEL.
I/ We further undertake to keep my/our Bid/offer open for a period for as specified in LIB/IFB from the
final bid due date.
Yours faithfully,
(Signature of the Bidder)
Name & Designation of authorised person signing the Bid on behalf of the Bidder
Full Name and address of the Bidder
Page 3 of 14
BIDDING FORMS
FORM-B
INFORMATION ABOUT BIDDER
City :_____________________________
District :_____________________________
State :_____________________________
PIN/ZIP:_____________________________
City :_____________________________
District :_____________________________
State :_____________________________
PIN/ZIP:______________________________
1.8 Website:
1.0 GENERAL
Page 4 of 14
BIDDING FORMS
POSTAL
SL. ADDRESS OF SCHEDULED ACTUAL ACTUAL REASONS
NO. DESCRIPTION CONTRACT STARTING COMPLETED
CLIENT & NAME COMPLETION COMPLETION FOR DELAY, IF
OF WORK VALUE DATE VALUE
OF OFFICER IN DATE DATE ANY
CHARGE
Note : Copies of work order(s) and completion certificate(s) for above jobs should be submitted by the Bidder along with this FORM.
Page 5 of 14
BIDDING FORMS
FORM-D
We further hereby waive, withdraw and abandon any and all assumptions, 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 price
bid and price implication (if any) submitted may be treated to conform to, in all respects, with
the terms and conditions of the said Bidding Document including all Technical and
Commercial Amendments.
**
Authorised signatory
Date:
** The Letter of Waiver must be signed by the person (s) authorized to sign.
Page 6 of 14
BIDDING FORMS
FORM–E
SELF DECLARATION
Bidder’s declaration as furnished here shall supersede the stipulations mentioned elsewhere in their
bid.
Page 7 of 14
BIDDING FORMS
FORM-F
BANK MANDATE FORM
1. Bidder Name :
2. Bidder Code :
3. Address of the Bidder :
4. Particulars of Bank Account of Bidder :
a. Name of the Bank :
b. Name of the Branch and Address of the Branch :
c. Branch Code :
d. 9-Digit MICR code Number of the Bank & Branch :
(As appearing in the MICR Cheque issued by the bank)
(Please do not give multicity cheque book code Number)
e. Type of account (Saving Bank, Current or Cash Credit) :
f. Account Number :
g. RGTS/IFSC Code (11 digit) :
h. NEFT Code No. :
5. E-mail address of the Bidder :
6. Contact Person(s) of the Bidder :
I/we declare that the particulars given above are correct and complete and I/we accord our
consent for receiving all our payments through Electronic Mechanism.
____________________________________________________
(Signature and designation of the Authorised person(s) of Bidder)
Place :
Date :
_______________________________________
Signature of the Authorised Official of the Bank
Bank’s Stamp
Page 8 of 14
BIDDING FORMS
FORM –G
It is mandatory for the foreign bidder to furnish the following information in case his receipts are
subject to tax deduction at source in India:
A. PAN No.
Permanent Account Number (PAN) as per Indian Income Tax requirement. In the case of non-
residents not having permanent account number (PAN), bidder shall furnish the following
information / documents:
1. Name, email id, contact number;
2. Address in the country of which the deductee is a resident;
3. Tax Residency Certificate (TRC) from the Government of that country;
4. Tax Identification Number / unique number of the deductee in the country of
his residence
B. Tax Residency Certificate (TRC)
TRC containing prescribed particulars as per the Bidding Form –H1 from the Government of
foreign country in order to claim the benefits of DTAA as per the Indian Income Tax requirements
failing which the relief under DTAA will not be available and consequently the higher rate of
withholding tax will be applicable and deducted from the payment made to
supplier/contractor/consultant (i.e., non-resident taxpayer). The TRC shall be duly verified by the
Government of the country of which the assessee claims to be a resident for the purposes of tax.
C. Form 10F
In additional to TRC, bidder in order to claim the benefits of DTAA shall also submit additional
information in form no. 10F (Form –H2). Form 10F has to be signed & verified by the assessee
himself.
If some information is already contained in TRC, the bidder shall not be required to provide that
information in Form no. 10F but even then Form no. 10F is required to be provided by the bidder.
However, the bidder may write Not Applicable in the relevant column in case that information is
already contained in TRC.
The above shall be furnished before release of any payment or within one month of the release
of Order, whichever is earlier.
Failing submission of the above information, any additional tax liability on Owner, will be
deducted from the payment due to the contractor.
Page 9 of 14
BIDDING FORMS
As per Indian Income Tax Law in absence of any business connection of permanent
establishment (‘PE’) of supplier in India or if the subject transaction/ agreement (DTAA) between
the Government of the Republic of India and the Government of the supplier’s country of
residence.
To establish that supplier doesn’t have any permanent establishment in India or supplier’s
permanent establishment in India is not connected with the agreement we require certification
form the supplier to this effect (No-PE Certificate). As per Indian Income Tax submission of a Tax
residency certificate (TRC) along with Form-10-F is a necessary condition for claiming benefits of
Double Taxation Avoidance Agreements. Therefore supplier will submit Tax residency certificate
agreed obtaining from concerned revenue authority having jurisdiction over supplier in his
country of residence along with from 10F, to take advantage of applicable double taxation
agreement or treaty.
Page 10 of 14
BIDDING FORMS
FORM –H1
TRC obtained by the Non-resident from Government of foreign country shall contain the
following particulars:
viii. Address of the applicant for the period for which the certificate is applicable;
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BIDDING FORMS
Form –H2
Page 12 of 14
BIDDING FORMS
FORM –H3
__________________________________________________________________________
c. ___________does not wholly or partly carry on business in the republic of India through a
Permanent establishment situated therein, as defined in the India – (Country) tax convention
d. ______________ does not have a Business Connection in the republic of India, as defined
in Explanation 2 to Section 9(1)(i) of the Income Tax Act, 1961.
(Refer Annexure for text of Treaty provisions and Income Tax Act provisions)
For ______________________
____________________(Name)
____________________(Designation)
Page 13 of 14
BIDDING FORMS
FORM–I
PRE-BID QUERIES FORMAT
NOTE: The Pre-Bid Queries may be sent on fax numbers and also by e-mail to concern
persons, the details of which is provided in LIB/IFB.
Page 14 of 14
HPCL-Mittal Energy Ltd
Table of Contents
Definitions 1.1 In the Contract (as hereinafter defined) the following words and
expressions shall have the meanings hereby assigned to them, except
where the context otherwise requires:
III “Drawings”
means all drawings, calculations and technical information of a like
nature provided by the Engineer-in-Charge to the Contractor under
the Contract and all drawings, calculations, samples, patterns,
models, operation and maintenance manuals and other technical
information of alike nature submitted by the Contractor and approved
by the Engineer-in-Charge
(e) I “Contract Price” means the sum stated in the Letter of Acceptance
as payable to the Contractor based on SOR and the executed Works
as certified by Engineer-in-Charge/Owner and the remedying of any
defects therein in accordance with the provisions of the Contract
(f) I “Works” mean the Permanent Works and the Temporary Works or
either of them as appropriate
III “Temporary Works” means all temporary works of every kind (other
than Contractor’ Equipment) required in or about the execution and
completion of the Works and the remedying of any defects therein
VI “Site” means the places provided by the Owner where the Works are
to be executed and any other places as may be specifically
designated in the Contract as forming part of the Site
IX “Battery Limit” shall mean the demarcated areas of the Site within
which all the Plan t is to be installed.
(i) I ”`”or “Rs.” or “INR” or “Rupee” means Indian Rupees, the lawful
currency of India
Headings 1.2 The headings and marginal notes in these Conditions shall not be deemed
& Marginal part there of or be taken into consideration in the interpretation or
Notes construction thereof or Contract.
Interpretation 1.3 Words importing persons or parties shall include firms and corporations and
any organization having legal capacity.
Singular & 1.4 Words importing the singular only also include the plural and vice versa
Plural where the context requires.
Notices, 1.5 Wherever in the Contract provision is made for the giving or issue of any
Consents, notice, consent, approval, certificate or determination by any person, unless
Approvals otherwise specified such notice, consent, approval, certificate or
Certificates & determination shall be in writing and the words “notify”, “certify” or
Determinations “determine” be construed accordingly. Any such consent, approval,
certificate or shall determination shall not unreasonably be withheld or
delayed.
ENGINEER-IN-CHARGE
Engineer-in- 2.1 (a) The Engineer-in-Charge shall carry out the duties as specified in the
Charge’s duties Contract and as assigned by the Owner time to time.
& Authority
The Engineer-in-Charge may exercise the authority specified in or
necessarily to be implied from the Contract, provided, however, that
if the Engineer-in-Charge is required, under, the terms of his
appointment by the Owner, to obtain the specific approval of the
Owner before exercising any such authority, he shall do before
exercising such authority. However, the requirement in the various
sub-clauses of these Conditions of Contract, to consult and/ or to
notify the Owner of all the instructions, actions and correspondence
of the Engineer-in-Charge with the Contractor is dispensed herewith.
Assignment 3.1 The Contractor shall not, without the prior consent of the Owner (which
of Contract consent, notwithstanding the provisions of Sub-Clause 1.5, shall be at the
sole discretion of the Owner), assign the Contract or any part thereof, or
any benefit or interest therein or there under, otherwise than by;
(b) Assignment to the Contractor’s insurers (in cases where the insurers
have discharged the Contractor's loss or liability) of the Contractor's
right to obtain relief against any other party liable
Subcontracting 4.1 The Contractor shall not subcontract the whole of the Works. Except where
otherwise provided by the Contract, the Contractor shall not subcontract
any part of the Works without the prior consent of the Owner. Any such
consent shall not relieve the Contractor from any liability or obligation under
the Contract and he shall be responsible for the acts, defaults and neglects
of any Subcontractor, his agents, servants or workmen as fully as if they
were the acts, defaults or neglects of the Contractor, his agents, servants
or workmen. Request for sub-contracting shall contain:
Provided that the Contractor shall not be required to obtain such consent
for:
(c) The subcontracting of any part of the Works for which the
Subcontractor is named in the Contract.
Assignment of 4.2 In the event of a Subcontractor having undertaken towards the Contract or
Subcontractors’ in respect of the work executed, or the goods, materials, Plant or services
Obligations supplied by such Subcontractor, any continuing obligation extending for a
period exceeding that of the Defects Liability Period under the Contract,
the Contractor shall at any time, after the expiration of such Period, assign
to the Owner, at the Owner’s request and cost, the benefit of such
obligation for the unexpired duration thereof.
CONTRACT DOCUMENTS
(b) The Country or State the law of which shall apply to the Contract and
according to which the Contract shall be construed is Indian Law.
Priority of 5.2 The several documents forming the Contract are to be taken as mutually
Contract explanatory of one another, but in case of ambiguities or discrepancies the
Documents same shall be explained and adjusted by the Owner, who shall thereupon
issue to the Contractor instructions thereon and in such event, unless
otherwise provided in the Contract; the priority of the documents forming
the Contract shall be as follows:
7. The Drawings;
8. Data Sheets; and
9. Any other document forming part of the Contract
Custody and 6.1 The Drawings shall remain in the sole custody of the Engineer-in-Charge,
Supply of but two copies thereof shall be provided to the Contractor free of charge.
Drawings and The Contractor shall make, at his own cost, any further copies required by
Documents him. Unless it is strictly necessary for the purposes of the Contract, the
Drawings, Specification and other documents provided by the Owner or
the Engineer-in-Charge shall not, without the consent of the Engineer-in-
Charge, be used or communicated to a third party by the Contractor. Upon
issue of the Defects Liability Certificate, the Contractor shall return to the
Owner/Engineer-in-Charge all Drawings, Specification and other
documents provided under the Contract.
One Copy of 6.2 One copy of the Drawings, provided to or supplied by the Contractor as
Drawings to aforesaid, shall be kept by the Contractor on the Site and the same shall at
be Kept on all reasonable times be available for inspection and use by the Engineer-
Site in-Charge and by any other person authorized by the Owner/ Engineer-in-
Charge in writing.
Disruption 6.3 The Contractor shall give notice to the Engineer-in-Charge, with a copy to
of Progress the Owner, whenever planning or execution of the Works is likely to be
delayed or disrupted unless any further drawing or instruction is issued by
the Engineer-in-Charge within a reasonable time. The notice shall include
details of the drawing or instruction required and of why and by when it is
required and of any delay or disruption likely to be suffered if it is late.
6.4 Deleted
Delays/ Failure 6.5 If the failure or inability of the Engineer-in-Charge to issue any drawings or
by Contractor to instructions is cause in whole or in part by the failure of the Contractor to
Submit submit Drawings, Specification or other documents which he is required to
Drawings submit under the Contract, the Engineer-in-Charge shall take such failure
by the Contractor into account when making his determination regarding
time in consultation with/ approval by the Owner.
As Built 6.6 On Completion of the works, the Contractor shall arrange to furnish to the
Drawings Owner two (2) bound sets of all “As Constructed” drawings for every
component of the work at his cost, all such copies in any
material/mode/form as approved by the Engineer-in-Charge/Owner or his
Representatives. The Taking over Certificate of the works, whole or by
parts, as per provision of the Contract hereof, shall not be issued by the
Engineer-in-Charge/Owner in the event of Contractor’s failure to furnish the
Supplementary 7.1 The Engineer-in-Charge shall have authority to issue to the Contractor,
Drawings and from time to time, such supplementary Drawings and instructions as shall
Instructions be necessary for the purpose of the proper and adequate execution and
completion of the Works and the remedying of any defects therein. The
Contractor shall carry out and be bound by the same.
Permanent 7.2 Where the Contract expressly provides that part of the Permanent Works
Works Designed shall be designed by the Contractor, he shall submit to the Engineer-in-
by Contractor Charge, for approval:
(b) Operation and maintenance manuals (if any) together with drawings
of the Permanent Works as completed, in sufficient detail to enable
the Owner to operate, maintain, dismantle, reassemble and adjust
the Permanent Works incorporating that design. The Works shall not
be considered to be completed for the purposes of taking over in
accordance with Clause 48 until such operation and maintenance
manuals (if any), together with drawings on completion, have been
submitted to and approved by the Engineer-in-Charge
GENERAL OBLIGATIONS
Contractor’s 8.1 The Contractor shall, with due care and diligence, design (to the extent
General provided by the Contract), execute and complete the Works and remedy
Responsibilities any defects therein in accordance with the provisions of the Contract The
Contractor shall provide all superintendence, labour, materials, Plant,
Contractor’s Equipment and all other things, whether of a temporary or
permanent nature, required in and for such design, execution, completion
and remedying of any defects, so far as the necessity for providing the
same is specified in or is reasonably to be inferred from the Contract.
Site Operations 8.2 The Contractor shall take full responsibility for the adequacy, stability and
and Methods of safety of all Site operations and methods of construction. Provided that the
Construction Contractor shall not be responsible (except as stated hereunder or as
maybe otherwise agreed) for the design or specification of Permanent
Works, or for the design or specification of any Temporary Works not
prepared by the Contractor. Where the Contract expressly provides that
part of the Permanent Works shall be designed by the Contractor, he shall
be fully responsible for that part of such Works, notwithstanding any
approval by the Engineer-in-Charge.
Contract 9.1 The Contractor shall, if called upon to do so, enter into and execute a
Agreement Contract Agreement in the form annexed to these Conditions with such
modification as may be necessary. The Contractor shall provide to the
Owner 10 sets of the Contract after execution of the Contract Agreement,
free of charges.
Composite Bank 10.1 The Contractor shall provide a Composite Bank Guarantee within 30 days
Guarantee (CBG) of Commencement Date, which shall cover Security deposit, the faithful
performance, Retention money. This CBG shall be equivalent to 10% of the
total Contract price. The Composite Bank Guaranteeshall be denominated
in the types and proportions of currencies in which the Contract Price is
payable. The Composite Bank Guaranteeof a joint venture shall be in the
name of the joint venture. The Composite Bank Guarantee for the amounts
expressed in INR shall be issued by an Indian Nationalized/ Scheduled
Bank or a Foreign Bank notified as a Scheduled Bank under the provision
of the “Reserve Bank of India Act” through any of its branches in India. The
Bank Guarantee in currencies other than INR shall be acceptable only if
these are issued by an International Bank of repute situated outside India
and are confirmed by their branches in India or by any Scheduled Bank in
India or by an Authorized dealer in India as per guidelines issued by the
RBI from time to time. The cost of complying with this Clause shall be
borne by the Contractor.
Period of 10.2 The Composite Bank Guarantee shall be valid until the Contractor has
Validity of executed and completed the Works and remedied any defects therein in
Composite Bank accordance with the Contract. The overall validity of the said Composite
Guarantee Bank Guarantee shall be until the expiry of the Defect Liability Period and a
claim period of six months thereafter.
Inspection of 11.1 The Contractor shall be deemed to have inspected and examined and
Site should have carried out due diligence of the Site and its surroundings and
information available in connection therewith and to have satisfied himself
(so far as is practicable, having regard to considerations of cost and time)
before submitting his Tender, as to:
(a) The form and nature thereof, including the sub-surface conditions
(c) The extent and nature of work and materials necessary for the
execution and completion of the Works and the remedying of any
defects therein, and
(d) The means of access to the Site and the accommodation he may
require,
The Contractor shall be deemed to have based his Tender on the data
made available to them during their own inspection, diligence and
examination, or as aforementioned
Sufficiency of 12.1 The Contractor shall be deemed to have satisfied himself as to the
Tender correctness and sufficiency of the Tender and of the rates and prices stated
in the SOR, all of which shall, except insofar as it is otherwise provided in
the Contract, cover all his obligations under the Contract (including those in
respect of the supply of goods, materials, Plant or services) and all matters
and things necessary for the proper execution and completion of the Works
and the remedying of any defects therein.
Work to be in 13.1 Unless it is legally or physically impossible, the Contractor shall execute
accordance with and complete the Works and remedy any defects therein in strict
Contract accordance with the Contract to the satisfaction of the Engineer-in-Charge
and Owner. The Contractor shall comply with and adhere strictly to the
Engineer-in-Charge’s instructions on any matter, whether mentioned in the
Contract or not, touching or concerning the Works.
Programme to be 14.1 The Contractor shall, within the stipulated time after the date of the Letter of
Submitted. Acceptance, submit to the Engineer-in-Charge for his consent a
programme, in such form and detail as the Engineer-in-Charge shall
reasonably prescribe, for the execution of the Works. The Contractor shall,
whenever required by the Engineer-in-Charge, also provide in writing for his
information a general description of the arrangements and methods which
the Contractor proposes to adopt for the execution of the Works.
Revised 14.2 If at any time it should appear to the Engineer-in-Charge that the actual
Programme progress of the Works does not conform to the programme to which
consent has been given under Sub-Clause 14.1, the Contractor shall
Cash Flow to 14.3 The Contractor shall, within the stipulated time from the date of the Letter of
be Submitted Acceptance, provide to the Engineer-in-Charge for his information a
detailed cash flow estimate. in quarterly periods (or any such period
deemed fit by Engineer-in-Charge), of all payments to which the Contractor
will be entitled under the Contract and the Contractor shall subsequently
supply revised cash flow estimates at quarterly intervals, if required to do
so by the Engineer-in-Charge.
Contractor Not 14.4 The submission to and consent by the Engineer-in-Charge of such
Relieved of programme or the provision of such general descriptions or cash flow
Duties or estimates shall not relieve the Contractor of any of his duties or
Responsibilities responsibilities under the Contract.
Contractor’s 15.1 The Contractor shall provide all necessary superintendence during the
Superintendence execution of the Works and as long thereafter as the Engineer-in-Charge
may consider necessary for the proper fulfilling of the Contractor's
obligations under the Contract. The Contractor, or a competent and
authorized representative approved of by the Engineer-in-Charge, which
approval may at any time be withdrawn, shall give his whole time to the
superintendence of the Works. Such authorized representative shall
receive, on behalf of the Contractor, instructions from the Engineer-in-
Charge.
Contractor’s 16.1 The Contractor shall provide on the Site in connection with the execution
Employees and completion of the Works and the remedying of any defects therein
(a) only such technical assistants as are skilled and experienced in their
respective callings and such foremen and leading hands as are
competent to give proper superintendence of the Works, and
the Contract.
Engineer-in- 16.2 The Engineer-in-Charge shall be at liberty to object to and require the
Charge at Contractor to remove forthwith from the Works any person provided by the
Liberty to Contractor who, in the opinion of the Engineer-in-Charge, misconducts
Object himself, or is incompetent or negligent in the proper performance of his
duties, or whose presence at Site is otherwise considered by the Engineer-
in-Charge to be undesirable, and such person shall not be again allowed
upon the Works without the consent of the Engineer-in-Charge. Any person
so removed from the Works shall be replaced as soon as possible.
Language 16.3 A reasonable proportion of the Contractor’s superintending staff shall have
Ability of a working knowledge of the English, Hindi and the local language.
Superintending
Staff
Setting-out 17.1 The Contractor shall be responsible for:
If, at any time during the execution of the Works, any error appears in the
position, levels, dimensions or alignment of any part of the Works, the
Contractor, on being required so to do by the Engineer-in-Charge, shall, at
his own cost, rectify such error to the satisfaction of the Engineer-in-
Charge, unless such error is based on incorrect data supplied in writing by
the Engineer-in-Charge, in which case the Engineer-in-Charge shall
determine an addition to the Contract Price in accordance with Clause 51
and shall notify the Contractor accordingly, with a copy to the Owner.
17.2 The Contractor shall give to the Engineer-in-Charge not less than 48 hours’
notice of his intension to set out or give levels for any part of the works so
that timely arrangement may be made for checking or issuing instructions.
He shall indicate therein by which date of information, if any is required by
him.
18.0 DELETED
Safety, Security 19.1 The Contractor shall, throughout the execution and completion of the
and Protection of Works and the remedying of any defects therein:
the Environment
(a) Have full regard for the safety of all persons entitled to be upon the
Site and keep the Site (so far as the same is under his control) and the
Works (so far as the same are not completed or occupied by the
Owner) in an orderly state appropriate to the avoidance of danger to
such persons,
(b) Provide and maintain at his own cost all lights, guards, fencing,
warning signs and watching, when and where necessary or required by
the Engineer-in-Charge or by any duly constituted authority, for the
protection of the works or for the safety and convenience of the public
or others, and
(c) Take all reasonable steps to protect the environment on and off the
Site and to avoid damage or nuisance to persons or to property of the
public or others resulting from pollution, noise or other causes arising
as a consequence of his methods of operation.
(e) All the HSE Policy/Manual should be inconformity with annexed with
the Tender.
Owner’s 19.2 If under Clause 31 the Owner shall carry out work on the Site with his own
Responsibilities workmen he shall, in respect of such work:
(a) Have full regard to the safety of all persons entitled to be upon the Site,
and
Care of Works 20.1 The Contractor shall take full responsibility for the care of the Works and
materials and Plant for incorporation therein from the Commencement Date
until the date of issue of the Taking-Over Certificate for the whole of the
Works, when the responsibility for the said care shall pass to the Owner.
Provided that:
(b) The Contractor shall take full responsibility for the care of any
outstanding Works and materials and Plant for incorporation therein
which he undertakes to finish during the Defects Liability Period until
such outstanding Works have been completed pursuant to Clause 49.
Responsibility 20.2 If any loss or damage happens to the Works, or any part thereof, or
to Rectify Loss materials or Plant for incorporation therein, during the period for which the
or Damage Contractor is responsible for the care thereof, from any cause whatsoever,
other than the risks defined in Sub-Clause 20.4, the Contractor shall, at his
own cost, rectify such loss or damage so that the Permanent Works
conform in every respect with the provisions of the Contract to the
satisfaction of the Engineer-in-Charge. The Contractor shall also be liable
for any loss or damage to the Works occasioned by him in the course of
any operations carried out by him for the purpose of complying with his
obligations under Clauses 49 and 50. In case Contractor does not rectify or
initiate rectification process for such loss or damage within 15 days of
having been informed by Engineer-in-Charge, Owner shall get the
rectification done at Contractor’s cost and risk.
Loss or Damage 20.3 In the event of any such loss or damage happening from any of the risks
Due to Owner’s defined in Sub-Clause 20.4, or in combination with other risks, the
Risks Contractor shall, if and to the extent required by the Engineer-in-Charge,
rectify the loss or damage and the Engineer-in-Charge shall determine an
addition to the Contract Price in accordance with Clause 51 and shall
recommend the same to the Owner for approval. . In the case of a
combination of risks causing loss or damage any such determination shall
take into account the proportional responsibility of the Contractor and the
Owner.
Owner's Risks 20.4 The Owner’s risks/ Event of Force Majeure are:
Provided always that the above-mentioned events satisfy all the following
conditions:
(c) Such Party could not have prevented or reasonably overcome the
event with the exercise of good industry practice or reasonable skill,
care, diligence and prudence; and
(d) It does not result from the negligence or misconduct of such Party or
the failure of such Party to perform its obligations hereunder.
(b) Any condition or event on Site arising from Clause above 20.4.2 (a)and
20.4.3 The affected Party shall give notice to the other Party of the Event of Force
Majeure as soon as it is reasonably practicable, but not later than three (3)
days after the date on which the affected Party knew or should reasonably
have known of the commencement of the Event of Force Majeure giving
brief details of the event, its effect and an indicative estimate of its likely
duration, specifying:
(b) The date and time when the affected Party was affected by the Event of
Force Majeure event;
(c) Details of the adverse effect that such Event of Force Majeure is having
on the affected Party in the performance of its obligations under this
Agreement;
(d) The measures which the affected Party has taken, or proposes to take,
to alleviate and mitigate the impact of such Event of Force Majeure in
accordance with good industry practice; and
(e) An estimate of the likely period of time the affected Party shall be
unable to perform its obligations under this Agreement by reason of the
Event of Force Majeure.
20.4.4 The notice provided for in this Clause above shall be accompanied by, to
the extent such information is available, full and detailed schedules of the
nature of such delay and its likely effect on the Time Schedule, and to the
extent that such information is not available, the affected Party shall deliver
such full and detailed particulars as soon as practicable. No Party shall be
able to suspend or excuse the non-performance of its obligations
hereunder unless such Party has given the notice specified in this Clause
above.
20.4.5 Upon the occurrence of an Event of Force Majeure, the Owner and the
Contractor endeavor to continue to perform their rights and/or obligations
under this Agreement so far as is reasonably practicable and the
Contractor shall during such period of the occurrence of the Event Force
Majeure protect and secure the Works and any work in progress forming
part of the Works in accordance with good industry practice and otherwise
in such manner as the Owner shall reasonably require. The Contractor
shall notify the Engineer-in-Charge of the steps it proposes to take
including any reasonable alternative means for performance of the Works
which are not prevented by the Event of Force Majeure and the Owner
and the Contractor shall:
(a) Make all reasonable efforts to prevent and reduce to a minimum and
mitigate the material adverse effect of the Event of Force Majeure in
accordance with good industry practice; and
20.4.6 If the Party receiving the notice under Force Majeure wishes to dispute the
claim, such Party shall give a written notice of dispute to the Party making
the Force Majeure claim within fifteen (15) days of receiving the notice of
the claim. If the notice of claim for Force Majeure is not contested within
thirty (30) days, the Parties to this Contract shall be deemed to have
accepted the validity of the claim. If the Parties dispute a claim, the Parties
shall resolve the dispute in accordance with Clause 61 of these conditions.
20.4.7 For so long as the affected Party continues to claim to be affected by the
Event of Force Majeure, it shall provide the other Party with regular (and
not less than monthly) written reports on the effect of the Event of the
Force Majeure on the Time Schedule, the Lump Sum Price and the overall
progress of the Works.
20.4.8 If the affected Party is the Contractor, it shall also provide to the Owner
and Engineer-in-Charge-in-Charge reasonable facilities including
inspection of the Site for obtaining further information about the Event of
Force Majeure or circumstance alleged to constitute an Event of Force
Majeure and any document produced by the Contractor in connection
therewith.
20.4.10 The Contractor shall not be entitled to any Claim(s) on account of any
event of Force Majeure
20.4.11 If the affected Party claims relief subject to this clause for an Event of Force
Majeure, and if the other Party admits to an event of Force Majeure, then
the affected Party shall not be in breach of its obligations under this
Agreement during the period of occurrence of the event of Force Majeure to
the extent that the performance of the affected Party’s obligations under
this Agreement is materially and adversely affected by such event of Force
Majeure during such period of occurrence.
20.4.12 The Owner shall not make any payment during the period when the
execution of the Works is affected due to the Event of Force Majeure.
However, during such period the Owner shall be required to pay to the
Contractor any amount due under the Contract prior to occurrence of
Force Majeure except when the means and source of payment of Owner
have been affected on account of occurrence of an event of Force
Majeure. Upon cessation of the event of Force Majeure affecting the
Owner’s means and sources of payment, the Owner shall resume
payments of such amounts of any outstanding payments due with the
invoice dates therein adjusted to reflect the period during which scheduled
payments were not made. No interest shall be payable by the Owner in
respect to such payments.
20.4.13 The Owner may terminate this Agreement if any Event or Events of Force
Majeure exceed one hundred (100) consecutive days or one hundred and
eighty (180) cumulative days in any one calendar year upon giving thirty
(30) days’ prior written notice to the Contractor. The provisions of Clause
regarding “Optional Termination” shall apply to such termination.
21 Insurance
General 21.1.1 Except to the extent prohibited by law, the Owner shall furnish the
insurance coverage referred to in this Clause 21, which shall name the
persons or entity specified for each type of coverage listed in this Clause
21 as named or additional insured and loss payees in respect of the policy.
All insurance obtained by the Owner shall be maintained with an insurer or
insurers and in terms to be approved by Lenders. As soon as practicable
after the effective date, the Owner shall furnish to Lenders and the
Contractor certificates of insurance (or if so directed, copies of the actual
insurance policies signed by an authorized representative of the insurer
or insurers) from each insurance carrier showing that the above required
insurance is in force, the amount of the carriers liability thereunder, and
further providing that the insurance will not be cancelled, changed or not
renewed until expiration or at least thirty (30) days (to the extent obtainable
under commercially reasonable terms) (or ten (10) days in the case of
cancellation due to non-payment of premiums) after written notice of such
(b) Shall provide that there shall be no recourse against the Owner,
Lenders and their successors and permitted assignees for the payment
of premiums or commissions or calls, assessments or advances and
that none of the Owner, Lenders and their successors and permitted
assignees shall be responsible for any representations or warranties
made therein by the Contractor or any person acting for or on behalf of
the Contractor.
21.1.3 The Contractor shall release, assign and waive any and all rights of
recovery against the Owner, Lenders and all their Affiliates, employees,
successors, permitted assignees, insurers and underwriters, and against
Subcontractors which the Contractor may otherwise have or acquire in or
from or in any way connected with any loss covered by the policies of
insurance maintained or required to be maintained by:
21.1.4 The coverage referred to and set out in this Clause 21 shall no way effect
nor are they intended as a limitation of, the Contractor’s liability with respect
to its performance or nonperformance of the Works or in respect of this
Contract.
21.1.5 The coverage referred to and set out in this Clause 21 are set out in full in
the respective policy forms, and the descriptions in this Article of such
policies are not intended to be complete, nor to alter or amend any
provision of the actual policies and in matters if any, in which the said
description will be conflicting with such instruments, the provisions of the
policies of insurance shall govern; provided, however, that neither of the
content of any insurance policy or certificate nor the Owners or Lenders
approval thereof shall relieve the Contractor of any of its obligations under
this Contract.
(a) the cost of all insurance coverage specified in this Clause 21 as being
the responsibility of the Contractor is included within the Lump Sum
(b) The cost of all insurance coverage specified in this Clause 21 as being
the responsibility of the Owner shall be borne by the Owner (or
pursuant to Clause 21.3 covered by a Change of Order).
Insurance of 21.2 The Owner shall, in the joint names of the Owner, the Contractor,
Plant and Facility the Subcontractors, Lenders and each of their successors and permitted
assignees, insure the Plant and the Facility and keep each part thereof
insured for its full replacement value on an “all risk” basis as per Clause
21.14. Such insurance shall be affected from the effective date and
thereafter shall continue until issue of the Certificate of Works Completion.
Remedy on 21.3.1 If the Owner shall fail to effect and keep in force the insurances to which
Failure to Insure they are responsible, the Contractor shall be entitled to a Change Order to
enable it to acquire and pay for the insurance coverage designated herein
as being the responsibility of the Owner.
21.3.2 If the Contractor shall fail to effect and keep in force the insurances for
which they are responsible under this Contract, the Owner shall be entitled
to obtain such insurance coverage designated herein as being the
responsibility of the Contractor and demand payment of such premiums
from the Contractor as a debt.
Waiver of 21.4 The insurance policy supplied by the Owner under Clause 21.2 above shall
Subrogation include a waiver of any right of subrogation of the insurers thereunder
against the insured under the policy and of any right of the insurers to any
set-off, counterclaim or cross claim or to any other deduction, whether by
attachment or otherwise, in respect of any liability of the insured’s under
such policy.
Contractor’s 21.5 The Contractor shall obtain and maintain insurance policies with a
Insurance nationalized insurance company to the satisfaction of the Owner as
provided hereunder In this Article.
Contractors or 21.6 All equipment, supplies and materials belonging to the Contractor any
Subcontractors Subcontractor and used by or on behalf of the Contractor or any
Rented Subcontractor for its or their performance of the Works shall be brought to
Equipment and kept at the Site at the sole cost, risk and expense of the Contractor and
all such Subcontractors, and the Owner, its Affiliates and their respective
successors and permitted assignees shall not be liable for any loss or
damage thereto. The Owner of the construction tools and equipment shall
obtain adequate insurance to cover any construction tools and equipment it
owns and uses in the Works or leases from any other persons or entity for
such purposes.
Subcontractor 21.7 The Contractor shall require all Subcontractors provide any
Insurance equipment, materials, technology or services directly to the Contractor or
with regard to the Works to obtain, maintain and keep in force during the
time in which they are involved in the performance of the Works primary
third party liability insurance and worker’s compensation insurance
coverage as provided herein.
Employees State 21.8.1 The Contractor agrees to and does hereby accept full and exclusive liability
Insurance Act for the compliance with all obligations imposed by the Employees State
1948 Insurance Act 1948 (“the 1948 Act”) and the Contractor further agrees
to defend indemnify and hold the 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 the Contractor or Subcontractors of the
1948 Act 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 Works
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.
21.8.2 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 Subcontractor’s employees whose aggregate
remuneration is within the specified limit and who are employed for the
Works provided for those covered by the 1948 Act or under any
amendment to the 1948 Act from time to time. The Contractor shall deduct
and secure the agreement of Subcontractors to deduct the employee’s
contribution as per the first schedule of the 1948 Act from wages and affix
the employee’s contribution cards at wage payment intervals. The
Contractor shall remit and secure the agreement of Subcontractors to
remit to the State Bank of India, Employee’s State Insurance
Corporation Account, the Employee’s contribution as required by the 1948
Act.
21.8.3 The Contractor agrees to maintain all records as required under the 1948
Act in respect of employees and payments and the Contractor shall secure
the agreement of Subcontractors to maintain such records. Any expenses
incurred for the contributions, making contribution or maintaining records
shall be to the Contractor’s account.
21.8.4 The Owner shall retain such sum as may be necessary from the payment
to be made until the Contractor shall furnish satisfactory proof that all
contributions as required by the 1948 Act have been paid.
Workman’s 21.9 The Contractor shall provide insurance for all of the Contractor’s employees
Compensation engaged in the performance of the Contractor’s obligations under this
and Employee’s Contract. If any of the Works is subcontracted, the Contractor shall ensure
Liability that the Subcontractor provides Workmen’s Compensation and Owner’s
Liability Insurance for the Subcontractor’s’ employees who are not covered
Insurance
under the Contractor’s insurance.
Automobile 21.10 The Contractor shall take out insurance to cover all risks to the Owner for
Liability each of his vehicles used in connection with the Works and these
Insurance insurances shall be valid until issue of the Certificate of Works Completion.
The Owner shall not be liable for any damage or loss not made good by the
insurance company, should such damage or loss result from unauthorized
use of the vehicle. The provisions of the Motor Vehicle Act apply.
Fire Insurance 21.11 The Contractor shall take out an insurance to cover all risks of damage to
the Contractor’s own property arising out of fire, electric short circuit,
earthquake, flood, lightening, strike, riot and construction work.
Any Other 21.12.1 The Contractor shall also provide and maintain any and all other insurances
Insurance which may be required under any law or regulations from time to time. The
Required under Contractor shall also carry and maintain any other insurance which may be
Law or required by the Owner
Regulation or by
the Owner 21.12.2 The aforesaid insurance policy/policies shall provide that they shall not be
cancelled until the Owner has agreed to their cancellation.
21.12.3 The Contractor shall satisfy the Owner 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 or such other period as may be specified in this Article.
21.12.4 The Contractor shall ensure that similar insurance policies are taken out by
any Subcontractors 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
produced by any Subcontractors as the case may be, the relevant policy or
policies and premium receipts as and when required by the Owner.
Third Party 21.13 The Contractor shall take out an insurance policy to cover all risks of
Insurance accident to third parties through acts of the Contractor’s own employees,
representatives, Subcontractors, agents and construction work and the risk
of damage to the property of third parties arising out of the acts of the
Contractor, its employees, representatives, Subcontractors and agents.
The third party liability risk shall be covered for Rs. 1 (One) Lakh for single
accident and limited to Rs. 10 (Ten) Lakh.
Other Insurances 21.14.1 The Owner has taken Transit (for inland transportation only) cum Erection
Insurance for the Project for permanent materials and services. Any loss
or damage to the materials or any of them during ocean transportation,
port/custom clearance, during inland and port handling, inland
transportation, storage, erection, final test and commissioning, shall be to
the account of Contractor and, the Contractor shall be exclusively
responsible in respect of works to make good any damage or loss to the
materials and works by way of repairs and/or replacement, as the case may
be pending insurance claim and no delay shall be made by the Contractor
in repair/ replacement pending such claim. The Owner shall raise the
insurance claim in case of damage to the materials and/ or works to the
extent covered in the above insurance coverage and all supporting
documents for such claims shall be handed over by the Contractor to the
Owner immediately. The Contractor shall provide all assistance for such
a claim. Transit insurance for any materials supplied from outside India up
to the Indian port of entry is to be taken by the Contractor.
21.14.2 The Contractor shall bear the entire cost of arranging all documents/
information, facilitating inspection/ discussions by the officials/ surveyors
deputed by the insurer. The Contractor shall make all efforts to get
21.14.3 The cost of normal excess (deductible) and depreciation (if any) will be
borne by the Contractor.
21.14.4 The Contractor shall be liable solely to adhere to the requirements of the
insurer for settlement of claims without prejudice to the rights of the Owner/
insurer. During the claim following steps, which are not exhaustive,
are required to be taken by the Contractor:
21.14.5 Any money received by the Owner under any policy or policies of insurance
shall be held by the Owner for proportionate payment to the Contractor in
respect of any appropriate repairs undertaken and/ or replacement(s) made
by the Contractor. Should the Contractor fail to undertake in whole or part
such repairs and/or replacement(s) and other works necessary consequent
upon the occurrence of any contingency covered by such insurance, the
Owner shall be entitled to get the work done in whole or parts for such
repair/ replacement through any other agency(ies), without prejudice to
any other rights or remedies available to the Owner, at the sole risk &
cost of the Contractor.
Damage to 22.1 The Contractor shall, except if and so far as the Contract provides
Persons and otherwise, indemnify the Owner against all losses and claims in respect of:
Property
(a) Death of or injury to any person, or
(b) Loss of or damage to any property (other than the Works), which may
arise out of or in consequence of the execution and completion of the
Works and the remedying of any defects therein, and against all claims,
proceedings, damages, costs, charges and expenses whatsoever in
respect thereof or in relation thereto, subject to the exceptions defined
in Sub-Clause 22.2.
(a) The permanent use or occupation of land by the Works, or any part
thereof,
(b) The right of the Owner to execute the Works, or any part thereof, on,
over, under, in or through any land,
Indemnity by 22.3 The Owner shall indemnify the Contractor against all claims, proceedings
Owner damages, costs, charges and expenses in respect of the matters referred
to the exceptions defined in Sub-Clause 22.2.
Compliance 26.1 The Contractor shall conform in all respects, including by the giving of all
with Statutes, notices and the paying of all fees, with the provisions of:
Regulations
(a) Any National or State Statute, Ordinance, or other Law, or any
regulation, or bye-law of any local or other duly constituted authority in
relation to the execution and completion of the Works and the
remedying of any defects therein, and
(b) The rules and regulations of all public bodies and companies whose
property or rights are affected or may be affected in any way by the
Works, and the Contractor shall keep the Owner indemnified against all
penalties and liability of every kind for breach of any such provisions.
Fossils 27.1 All fossils, coins, articles of value or antiquity and structures and other
remains or things of geological or archaeological interest discovered on the
Site shall, as between the Owner and the Contractor, be deemed to be the
absolute property of the Owner. The Contractor shall take reasonable
precautions to prevent his workmen or any other persons from removing or
damaging any such article or thing and shall, immediately upon discovery
thereof and before removal, acquaint the Engineer-in-Charge/ Owner of
such discovery and carry out the Engineer-in-Charge’s/Owner’s instructions
for dealing with and/or handling of the same.
Patent Rights 28.1 The Contractor shall save harmless and indemnify the Owner from and
against all claims and proceedings for or on account of infringement of any
patent rights, design trademark or name or other protected rights in respect
of any Contractor’s Equipment, materials or Plant used for or in connection
with or for incorporation in the Works and from and against all damages,
costs, charges and expenses whatsoever in respect thereof or in relation
thereto, except where such infringement results from compliance with the
design or Specification provided by the Owner/ Engineer-in-Charge.
Royalties 28.2 Except where otherwise stated, the Contractor shall pay all tonnage and
other royalties, rent and other payments or compensation, if any, for stone,
sand, gravel, clay or other materials required for execution and completion
of the Works.
Interference 29.1 All operations necessary for the execution and completion of the Works and
with Traffic & the remedying of any defects therein shall, so far as compliance with the
Adjoining requirements of the Contract permits, be carried on so as not to interfere
Properties unnecessarily or improperly with:
(b) The access to, use and occupation of public or private roads and
footpaths to or of properties whether in the possession of the Owner or
of any other person.
The Contractor shall save harmless and indemnify the Owner in respect of
all claims, proceedings, damages, costs, charges and expenses
whatsoever arising out of, or in relation to, any such matters insofar as the
Contractor is responsible there for.
Avoidance of 30.1 The Contractor shall use every reasonable means to prevent any of the
Damage to roads or bridge communicating with or on the routes to the Site from being
Roads damaged or injured by any traffic of the Contractor or any of his
Subcontractors and, in particular, shall select routes, choose and use
vehicles and restrict and distribute loads so that any such extraordinary
traffic as will inevitably arise from the moving of materials, Plant,
Contractor’s Equipment or Temporary Works from and to the Site shall be
limited, as far as reasonably possible, and so that no unnecessary damage
or injury may be occasioned to such roads and bridges.
Transport of 30.2 Save insofar as the Contract otherwise provides, the Contractor shall be
Contractor's responsible for and shall pay the cost of strengthening any bridges or
Equipment or altering or improving any road communicating with or on the routes to the
Temporary Site to facilitate the movement of Contractor’s Equipment or Temporary
Works Works and the Contractor shall indemnify and keep indemnified the Owner
against all claims for damage to any such road or bridge caused by such
movement, including such claims as may be made directly against the
Owner, and shall negotiate and pay all claims arising solely out of such
damage.
Transport 30.3 The Contractor shall be responsible for all the risk & cost involved during
transit of materials and plants being brought to site or Plant.
Opportunities for 31.1 The Contractor shall, in accordance with the requirements of the Engineer-
Other in-Charge, afford all reasonable opportunities for carrying out their work to:
Contractors
(a) Any other contractors employed by the Owner and their workmen
Facilities for 31.2 If however, pursuant to Sub-Clause 31.1 the Contractor shall, on the
Other written request of the Engineer-in-Charge/Owner:
Contractors
(a) Make available to any such other contractor, or to the Owner or any
such authority, any roads or ways for the maintenance of which the
Contractor is responsible,
(c) Provide any other service of whatsoever nature for any such, the
Engineer-in-Charge shall determine an addition to the Contract Price
and recommend the same to the Owner for approval in accordance
with Clause 51 and the Owner shall notify the Contractor accordingly.
Contractor to 32.1 During the execution of the Works the Contractor shall keep the Site
Keep Site reasonably free from all unnecessary obstruction and shall store or dispose
Clear of any Contractor’s Equipment and surplus materials and clear away and
remove from the Site any wreckage, rubbish or Temporary Works no longer
required.
Clearance 33.1 Upon the issue of any Taking-Over Certificate the Contractor shall clear
of Site on away and remove from that part of the Site to which such Taking-Over
Completion Certificate relates all Contractors’ Equipment, surplus material, rubbish and
Temporary Works of every kind in line with Clause 53, and leaves such part
of the Site and Works clean and in a workmanlike condition to the
satisfaction of the Engineer-in-Charge. Provided that the Contractor shall
be entitled to retain on Site, until the end of the Defects Liability Period,
such materials, Contractor’s Equipment and Temporary Works as are
required by him for the purpose of fulfilling his obligations during the
Defects Liability Period.
Engagement 34.1 The Contractor shall, unless otherwise provided in the Contract, make his
of Staff and own arrangements for the engagement of all staff and labour, local or other,
Labour and for their payment, housing, feeding and transport.
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.
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.
Compliance 34.2.1 The Contractor shall be responsible for strict compliance of and shall
with Labour ensure strict compliance by its Sub-contractors, servants and agents of all
Regulations applicable laws, rules or regulations having the force of law inter alia for the
performance and discharge of the Contract and also other applicable laws
affecting the relationship of employer and employee between the
Contractor /sub-contractors and their respective employees and/or
otherwise concerning labour, social welfare and provident fund, pension,
bonus, gratuity and other benefits to employees. Without prejudice to the
generality of this provision, the Contractor shall comply with and ensure
that his sub-contractors and other agencies employed by him comply with
the provisions of all the Applicable Laws, including but not limited to
Payment of Wages Act 1936, Minimum Wages Act 1948, Owners Liability
Act1938, Workmen's Compensation Act 1923, Industrial Disputes Act 1947,
Maternity Benefit Act 1961, The BOCW Act 1996 and the Cess Act of 1996,
Mines Act 1952, Contract Labour (Abolition & Regulation) Act 1970,
Payment of Bonus Act, Gratuity Act, Factories Act and the Employees’
Provident Fund and Miscellaneous Provisions Act 1952 and Employees’
State Insurance Act 1948 etc., all as amended from time to time and all
rules, regulations and schemes framed thereunder from time to time. The
Contractor shall keep the Owner indemnified in case any action is taken
against the Owner by the competent authority on account of contravention
by the Contractor of any of the provisions of any of aforesaid Act or rules
made thereunder, regulations or notification including amendments. If the
Owner is caused to pay or reimburse, such amounts as may be necessary
to cause or observe, or for the non-observance of the provisions stipulated
in the notifications/ by law/ acts/ rules/ regulations including amendments, if
any, on part of the Contractor, the Engineer-in-Charge/ Owner shall also
have the right to recover from the Contractor any sum required or estimated
to be required for making good the loss or damage suffered by the Owner.
The employees of the Contractor or his sub-Contractor(s) in no case shall
be treated as ‘employees’ or ‘workmen’ of the Owner at any point of time.
34.2.2 The Contractor and Sub-contractor(s) of the Contractor shall obtain from
the authority(ies) designated in this behalf under any applicable law, rule or
regulation (including but not limited to) the Factories Act and Contract
Labour (Abolition and Regulation) Act, 1970 (in so far as applicable) any
and all such license(s), consent(s), registration(s) and/or other
authorization(s) as shall from time to time be or become necessary for or
relative to the execution of the Work or any part or portion thereof or the
storage or Supply of any Material(s) or otherwise in connection with the
performance of the Contract and shall at all times observe and ensure due
observance by the subcontractors, servants and agents of all terms and
conditions of the said license(s), consent(s), regulation(s) and other
authorization(s) and laws, rules and regulations applicable thereto.
Without prejudice to the generality of this provision, the Contractor shall
obtain and ensure that his subcontractors and other agencies employed by
the Contractor on the Work, obtain a valid License / Permits under the
Contract Labour (Regulation & Abolition) Act, 1970 and shall duly and
faithfully observe and comply with the provisions of the Contract Labour
(Regulation & Abolition) Central Rules 1971 and other Central and State
Rules as amended from time to time and applicable to the Work, and shall
duly, promptly and faithfully maintain and/or cause to be maintained all
records and facilities required to be maintained and/or provided in terms
thereof or any license granted thereunder.
34.2.3 The Contractor shall ensure that wages are paid by the Contractor or by
any of its appointed Sub-contractors to their workmen directly without the
intervention of any third party support.
34.2.4 The Owner shall be entitled at all times to carry out any check(s) or
inspection(s) of the Contractor 's facilities, records and accounts to ensure
that the provisions aforesaid are being observed by the Contractor and the
Sub-contractors, and that the workmen are not denied the rights and
benefits to which they are entitled under such provisions. Any violation
shall, without prejudice to any other rights or remedies available to the
Owner, constitute a ground for termination of the Contract.
34.2.5 Nothing in the Contract Documents stated shall anywise constitute any
workman/employee of the Contractor or any Sub-contractor as or to be a
workman/employee of the Owner, or place obligation or liability in respect
of any such workman/employee upon the Owner.
34.2.6 The Contractor shall not employ in connection with the Work, any person
below the prohibited age of employment.
34.2.7 The establishment of the Contractor and its Sub-contractors shall be duly
registered under the Employees’ Provident Fund and Miscellaneous
Provisions Act, 1952 and the Employees’ State Insurance Act, 1948 and
the Contractor shall duly and timely pay and ensure payment by its
subcontractors of contributions and its/their employees to the Authorities
prescribed under the said Acts and any schemes framed thereunder in
respect of all labour employed by it/them for the execution of the Contract.
The Contractor shall register with the Regional Provident Fund
Commissioner (RPFC) before commencing the Works. The
Contractorfurther shall ensure timely deposit employees and employers
related contributions to the RPFC every month in accordance with provision
of this aforesaid Acts. Copies of challan/receipt of such payments along
with the list showing persons employed together with emoluments paid for
the purpose of P.F. (Provident Fund-related) deductions shall be submitted
to the Owner along with monthly Invoice. The Contractor shall furnish along
with any documentation required for payment in accordance with Schedule
C of the GCC. The Contractor shall furnish the code number allotted by the
RPFC Authority to the Engineer-in-Charge before commencing the Works
under Contract. In case, relevant RPFC challan/ receipt, as above, is not
furnished, the Owner shall deduct 5% (five percent) of the payable amount
of Lump Sum Price from payments to be made to the Contractor is
accordance with terms of payment and retain the same as a deposit. Such
retained amounts shall be refunded to the Contractor on production of
RPFC challan/receipt for the relevant period. In addition to this afore-stated,
the Contractor will comply with the provisions of the Family Pension Act as
may be applicable and as may be amended from time to time.
34.2.9 The Contractor shall indemnify and keep indemnified the Owner from and
against all actions, claims, demands and liabilities whatsoever under and in
respect of the breach of any of the provisions hereof and/or against any
claim, action or demand by any workman/ employee of the Contractor or
any Subcontractor and/or from any liability anywise to any Subcontractor
under any law, rules or regulation having the force of law including (but not
limited to) claims against the Owner under the Workmen's Compensation
Act 1923, the Employees’ Provident Funds and Miscellaneous Provisions
Act 1952, the Employees’ State Insurance Act 1948 and/or the Contract
Labour (Abolition & Regulation) Act 1970.
34.2.10 The reference of different laws /acts / rules / regulations in this foregoing
paragraph and or otherwise in any other part of this GCC and or the
Contract are indicative only, and shall not be construed or meant to be as
exhaustive, and the obligation of the Contractor further shall be subjected
34.2.11 In the event of any conflict between the provisions herein and applicable
law, rule or regulation, the law, rule or regulation shall prevail over the
provisions herein.
Implementation 34.3 The Contractor shall if so required by law, himself engage and/or procure
of Apprentices engagement by his subcontractor(s) of such number of apprentices and for
Act 1961 such period as may be required in this behalf in accordance with the
provisions of the Apprentices Act, 1961 and any other act, rule and/or
regulation having the force of law, regulating upon the employment of
apprentices, and the Contractor shall be responsible at its own cost and
initiative and without entitlement to any extra compensation or
remuneration from the Owner in this behalf, to fulfill all obligations of the
employer under the said Act, including liability for payment to apprentices
as required thereunder. If the Contractor fails to so comply, his failure will
be a breach of the Contract and the Owner may, at his discretion and
without prejudice to all other rights and remedies available to the Owner
under the Contract, terminate the Contract in accordance with Suspension
and Termination Clause. The Contractor shall also be liable for any
pecuniary liability arising on account of any violation by the Contractor
under said Apprentices Act 1961.
Model Rules 34.4 The Contractor shall at his own expense comply with or cause be complied
for Labour with the Model Rules for Labour Welfare as appended to those conditions
Welfare or rules framed by the Government of India from time to time for the
protection of health and for making sanitary arrangements for workers
employed directly or indirectly on the Works. If the Contractor fails to make
such arrangements the Engineer-in-Charge shall be entitled to do so and
the Owner may recover the cost thereof from the Contractor.
The Contractor shall make his own arrangements for the engagement of all
workmen, local or otherwise, and for their transport, housing, feeding and
payment.
The Contractor shall provide at Site adequate supply of drinking water and
other water for use at Site.
If any illness of an epidemic nature breaks out, the Contractor shall comply
with and carry out whatever regulations, orders and requirements are
imposed by the Government or the local medical or sanitary authorities for
the purpose of promptly dealing with and overcoming it.
The Contractor shall at all times take all reasonable precautions to prevent
any unlawful riotous or disorderly conduct by or amongst the persons
deployed for the works at site and for the preservation of peace and the
protection of persons and property in the neighbour-hood of the work.
The Contractor shall ensure that the provisions of this Clause are complied
with by his Sub-Contractors also.
Returns of 35.1 The Contractor shall, if required by the Engineer-in-Charge, deliver to the
Labour & Engineer-in-Charge, in such form and at such intervals as the Engineer-in-
Contractor’s Charge may prescribe, showing the staff and the numbers of the several
Equipment classes of labour from time to time employed by the Contractor on the Site
and such information respecting Contractor’s Equipment as the Engineer-
in-Charge may require.
Cost of Samples 36.2 All samples shall be supplied by the Contractor at his own cost if the supply
thereof is clearly intended by or provided for in the Contract.
Cost of Tests 36.3 The cost of making any test shall be borne by the Contractor if such test is:
(b) Particularized in the Contract (in cases only of a test under load or of a
test to ascertain whether the design of any finished or partially finished
work is appropriate for the purposes which it was intended to fulfill)
insufficient detail to enable the Contractor to price or allow for the same
in his Tender.
Inspection of 37.1 The Engineer-in-Charge, and any person authorized by him, shall at all
Operations reasonable times have access to the Site and to all workshops and places
Dates for 37.3 The Contractor shall agree with the Engineer-in-Charge on the time and
Inspection & place for the inspection or testing of any materials or Plant as provided in
Testing the Contract. The Engineer-in-Charge shall give the Contractor not less
than 24 hours’ notice of his intention to carry out the inspection or to attend
the tests. If the Engineer-in-Charge, or his duly authorized representative,
does not attend on the date agreed, the Contractor may, unless otherwise
instructed by the Engineer-in-Charge, proceed with the tests, which shall be
deemed to have been made in the presence of the Engineer-in-Charge.
The Contractor shall forthwith forward to the Engineer-in-Charge duly
certified copies of the test readings. If the Engineer-in-Charge has not
attended the tests, he shall accept the said readings as accurate.
Rejection 37.4 If, at the time and place agreed in accordance with Sub-Clause 37.3, the
materials or Plant are not ready for inspection or testing or if, as a result of
the inspection testing referred to in this Clause, the Engineer-in-Charge
determines that the materials or Plant are defective or otherwise not in
accordance with the Contract, he may reject the materials or Plant and
shall notify the Contractor thereof immediately. The notice shall state the
Engineer-in-Charge's objections with reasons. The Contractor shall then
promptly make good the defect or ensure that rejected materials or Plant
comply with the Contract. If the Engineer-in-Charge so requests, the tests
of rejected materials or Plant shall be made or repeated under the same
terms and conditions. All costs incurred by the Owner by the repetition of
the tests shall be recoverable from the Contractor by the Owner and may
be deducted from any monies due or to become due to the Contractor.
Independent 37.5 The Engineer-in-Charge may delegate inspection and testing of materials
Inspection or Plant to an independent inspector. Notice of such appointment (not being
less than 14 days) shall be given by the Engineer-in-Charge to the
Contractor.
Examination 38.1 No part of the Works shall be covered up or put out of view without the
of Work before approval of the Engineer-in-Charge and the Contractor shall afford full
Covering up opportunity for the Engineer-in-Charge to examine and measure any such
part of the Works which is about to be covered up or put out of view and to
examine foundations before any part of the Works is placed thereon. The
Contractor shall give notice to the Engineer-in-Charge whenever any such
part of the Works or foundations is or are ready or about to be ready for
examination and the Engineer-in-Charge shall, without unreasonable delay,
unless he considers it unnecessary and advises the Contractor accordingly,
attend for the purpose of examining and measuring such part of the Works
or of examining such foundations.
Removal of 39.1 The Engineer-in-Charge shall have authority to issue instructions from time
Improper Work, to time, for:
Materials or Plant
(a) The removal from the Site, within such time or times as may be
specified in the instruction, of any materials or Plant which, in the
opinion of the Engineer-in-Charge, are not in accordance with the
Contract,
Default of 39.2 In case of default on the part of the Contractor in carrying out such
Contractor in instruction within the time specified therein or, if none, within a reasonable
Compliance time, the Owner shall be entitled to employ and pay other persons to carry
out the same and all costs consequent thereon or incidental thereto shall
be recoverable from the Contractor by the Owner, and may be deducted by
the Owner from any monies due or to become due to the Contractor..
Underground 39.3 Owner shall provide, to the best possible extent, details in respect of
and existing structures, overhead lines, existing pipelines and utilities existing at
Overhead job site to the Contractor. The Contractor shall execute the work in such a
Structures manner that the said structures, utilities, pipelines etc. are not disturbed or
damaged, and shall indemnify and keep indemnified 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 prices quoted are deemed to be inclusive of the costs
towards this activity as well.
For Buildings only, all works upto level corresponding to finished floor level
(Ground Floor) shall be treated as work in “Substructure” and all works
above the finished floor level shall be treated as “Work in Superstructure”.
Irrespective of what has been stated above, all pavements, RCC retaining
wall, all pipe sleepers and any similar item would be taken as work done in
substructure irrespective of locations nomenclature, and levels given
anywhere. Where not specifically pointed out all works in sumps, drains
manholes, tank pads, cable trenches or such similar items would be taken
as work in substructure
Fabrication
Yard 39.5 The Contractor shall provide all weather fabrication sheds at site for all pre-
fabrication of piping works and fabrication of structural steel work to the
satisfaction of Engineer-in-Charge. The requirement of fabrication sheds
shall be firmed up in consultation with Engineer-in-Charge for numbers/
Excavation by size of fabrication shed.
blasting
The Contractor shall obtain licence from the District authorities for
39.6 undertaking blasting work as well as for obtaining and storing the explosive
as per Explosive Rules 1940, corrected up to date. He shall purchase the
Explosives, fuses, detonators etc. only from a licensed dealer. He shall be
responsible for the safe custody and proper accounting of the explosive
materials. The Engineer-in-Charge and his authorised representative shall
have the access to check the contractor's store of explosives and his
accounts. In case where the explosive are required to be transported and
stored at site, relevant clauses of the Explosive rules 1940 as amended
subsequently shall apply. The Contractor shall be responsible for any
Electrical accident to workman, public or property, due to blasting operations.
Contractor’s
License
The Contractor or its nominated Subcontractor(s), as the case may be,
39.7 shall have a valid electrical contractor’s license for working in the State in
which the job site is located. The Contractor shall furnish a copy of the
same to Engineer-in-Charge before commencement of any electrical work
or work pertaining to Electrical System.
SUSPENSION
(d) Necessary for the proper execution of the Works or for the safety of
the Works or any part thereof (save to the extent that such necessity
arises from any act or default by the Engineer-in-Charge or the Owner
Engineer-in- 40.2 where pursuant to Sub-clause 40.1, this Sub-Clause applies the Owner
Charge’s shall after due consultation with the Engineer-in-Charge and the Contractor,
Determination determine
Following
Suspension, (a) Any extension of time to which the Contractor is entitled under Clause
44, &
(b) The amount, which shall be added to the Contract Price, in respect of
the cost incurred by the Contractor by reason of such suspension, and
shall notify the Contractor accordingly,
Commencement 41.1 The Contractor shall commence the execution of the Works at works site as
of Works soon as is reasonably possible, as approved by the Engineer-in-Charge,
upon receipt of the Letter of Acceptance/Work Order/Contract/Detailed
Letter of Acceptance (whichever is issued first) from the Owner.
(b) The order in which such portions shall be made available to the
Contractor, and, subject to any requirement in the Contract as to the
order in which the Works shall be executed, the Owner will, with the
Failure to Give 42.2 If the Contractor suffers delay from failure on the part of the Owner to give
Possession possession in accordance with the terms of Sub-Clause 42.1, the Owner
shall, after due consultation with the Engineer-in-Charge and the
Contractor, determine and notify the Contractor accordingly any extension
of time to which the Contractor is entitled under Clause 44
Rights of Way 42.3 The Contractor shall bear all costs and charges for special or temporary
& Facilities rights of way required by him in connection with access to the Site. The
Contractor shall also provide at his own cost any additional facilities outside
Time for 43.1 The whole of the Works and, if applicable, any section required to be
Completion completed within the time stipulated under Contract and shall be completed
in accordance with the provisions of Clause 48, within the stipulated time
for the whole of the Works or the section (as the case may be), calculated
from the Commencement Date, or such extended time as may be allowed
under Clause 44.
(d) Other special circumstances which may occur, other than through a
default of or breach of contract by the Contractor or for which he is
responsible.
Contractor to 44.2 Provided that the Owner is not bound to make any determination unless the
Provide Contractor has
Notification
& Detailed (a) Within 28 days after such event has first arisen notified the Engineer-in-
Particulars Charge with a copy to the Owner, and
(b) Within 28 days, or such other reasonable time as may be agreed by the
Owner/ Engineer-in-Charge, after such notification submitted to the
Engineer-in-Charge detailed particulars of any extension of time to
which he may consider himself entitled in order that such submission
may be investigated at the time.
Restriction on 45.1 Subject to any provision to the contrary contained in the Contract, the
Working Hours Contractor shall have the option to work continuously by day and by night
and on locally recognized holidays or days of rest, without any additional
cost to the Owner. The Contractor shall be obligated to ensure compliance
of all statutory labour laws while exercising this option.
Rate of Progress 46.1 If for any reason, which does not entitle the Contractor to an extension of
time, the rate of progress of the Works or any section is at any time, in the
opinion of the Engineer-in-Charge, too slow to comply with the Time for
Completion, the Engineer-in-Charge shall so notify the Contractor who shall
thereupon take such steps as are necessary, subject to the consent of the
Engineer-in-Charge, to expedite progress so as to comply with the Time for
Completion. The Contractor shall not be entitled to any additional payment
for taking such steps. If, as a result of any notice given by the Engineer-in-
Price 47.1 Notwithstanding any other provisions of this Agreement, the Contractor
Reduction shall notify the Engineer-in-Charge, with a copy to the Owner, as soon as
Schedule (PRS) reasonably possible of any known or anticipated delay in the performance
for Delay of the Works and shall advise the Engineer-in-Charge on all reasonable
measures and steps to avoid such delay, mitigate the effect thereof and
make up for lost time.
If, for any reason, because of delays attributable to the failure of the
Contractor to perform its obligations under this Agreement in accordance
with the terms and conditions hereof and on account of such delay the
milestones and/or the Time for Completion is not met then the Owner shall
affect the price reduction @ 0.50% of the Total Contract price per week or
part thereof subject to a maximum limit of 5% of the Total Contract Price
along with corresponding taxes/duties, from any and all amounts payable to
the Contractor or from the Guarantees or Deposits furnished by the
Contractor. Should the amount of PRS is not recoverable or recovered in
any manner in part or in full, the same shall be payable by the Contractor
on demand by the Owner with interest as per SBI MCLR (prevailing on the
date of demand by the Owner) plus 1% till the date of payment.
Taking-Over 48.1 When the whole of the Works has been completed in all respect and has
Certificate satisfactorily passed any Tests on Completion prescribed by the Contract,
the Contractor or as required by the Engineer-in-Charge may give a notice
to that effect to the Engineer-in-Charge, with a copy to the Owner,
accompanied by a written undertaking to finish all the punch-list points, if
any, within the agreed time. Such notice and undertaking shall be deemed
to be a request by the Contractor for the Engineer-in-Charge to issue a
Taking-Over Certificate in respect of the Works. The Engineer-in-Charge
shall, within 28 days of the date of receipt of such notice give instructions in
writing to the Contractor specifying all the work which, in the Engineer-in-
Charge's opinion, is required to be done by the Contractor before the issue
of such Certificate. The contractor shall comply with all such instructions by
the Engineer-in-Charge and upon successful completion of all the major or
minor punch list points, the Engineer-in-Charge shall issue to the
DEFECTS LIABILITY
Defects 49.1 Defects Liability Period shall be 365 days from Taking over the Works
Liability defects liability period shall be calculated from:
Period
(a) The date of completion of the Works certified by the Engineer-in-
Charge in accordance with Clause 48, or
(b) In the event of more than one certificate having been issued by the
Engineer-in-Charge under Clause 48, the respective dates so certified,
And in relation to the Defects Liability Period the expression “the Works”
shall be construed accordingly.
Completion of 49.2 To the extent that the Works shall, at or as soon as practicable after the
Outstanding expiration of the Defects Liability Period, be delivered to the Owner in the
Work and condition required by the Contract, fair wear and tear excepted, to the
Remedying satisfaction of the Engineer-in-Charge, the Contractor shall:
Defects
(a) Complete the work, if any, outstanding on the date stated in the Taking-
Over Certificate as soon as practicable after such date, and
(b) Execute all such work of amendment, reconstruction, and remedying
defects, shrinkages or other faults as the Engineer-in-Charge may,
during the Defects Liability Period or within 14 days after its expiration,
as a result of an inspection made by or on behalf of the Engineer-in-
Charge prior to its expiration, instruct the Contractor to execute.
Cost of 49.3 All work referred to in Sub-Clause 49.2 (b) shall be executed by the
Remedying Contractor at his own cost if the necessity thereof is, in the opinion of the
Defects Engineer-in-Charge, due to:
(a) The use of materials, Plant or workmanship not in accordance with the
Contract,
(b) Where the Contractor is responsible for the design of part of the
Permanent works, any fault in such design, or
(c) The neglect or failure on the part of the Contractor to comply with any
obligation, expressed or implied, on the Contractor’s part under the
Contract.
If, in the opinion of the Owner, such necessity is due to any other cause, he
shall determine (in consultation with the Engineer-in-Charge and the
Contractor) an addition to the Contract Price in accordance with Clause 52
and shall notify the Contractor accordingly. The decision oftheEngineer-in-
Charge/Ownershallbethefinalanddecidingwhetherthe w or k des cr ibed
in cla us e 4 9 .2 (b) has to be rectified or replaced.
Contractor’s 49.4 In case of default on the part of the Contractor in carrying out such
Failure to Carry instruction within a reasonable time, the Owner shall be entitled to employ
out Instructions and pay other persons/agencies to carry out the same and then all costs
consequent thereon or incidental thereto (along with overheads @ 15%)
shall be recoverable from the Contractor by the Owner, and shall be
deducted from any monies due or to become due to the Contractor.
Contractor 50.1 If any defect, shrinkage or other fault in the Works appears at any time prior
to the end of the Defects Liability Period, the Engineer-in-Charge may
To Search instruct the Contractor, with a copy to the Owner, to search under the
directions of the Engineer-in-Charge for the cause thereof. If such defect,
shrinkage or other fault is one for which the Contractor is liable, the cost of
the work carried out in searching as aforesaid shall be borne by the
Contractor and he shall in such case rectify such defect, shrinkage or other
fault at his own cost.
Variations 51.1 The Engineer-in-Charge shall make, in writing, any variation of the form,
quality or quantity of the Works or any part thereof that may, in his opinion,
be necessary and for that purpose, or if for any other reason it shall, in his
opinion, be appropriate, he shall have the authority to instruct the
Contractor to do and the Contractor shall do any of the following:
(a) Increase or decrease the quantity of any work included in the Contract,
(b) Omit any such work
(c) Change the character or quality or kind of any such work,
(d) Change the levels, lines, position and dimensions of any part of the
Works,
(e) Execute additional work of any kind necessary for the completion of the
Works, or
(f) Change any specified sequence or timing of construction of any part of
the Works.
No such variation shall in any way vitiate or invalidate the Contract, but the
effect, if any, of all such variations shall be valued in accordance with
Clause 51. Provided that where the issue of an instruction to vary the
Works is necessitated by some default of or breach of contract by the
Contractor or for which he is responsible, any additional cost attributable to
such default shall be borne by the Contractor.
Instructions 51.2 The Contractor shall not make any such variation without an instruction of
for the Engineer-in-Charge. Provided that no instruction shall be required for
Variations increase or decrease in the quantity of any work where such increase or
decrease is not the result of an instruction given under this Clause, but is
the result of the quantities exceeding or being less than those stated in the
SOR.
The rates already provided in the SOR, shall apply in respect of the same
item(s) of work to be executed due to variation, in respect of quantities of
individual items appearing in the SOR.
In case of items for which rates are not available in the SOR, the rates of
such items as far as practicable shall be derived from the quoted rates of
analogous item(s) in the SOR after submission of details by the Contractor
on actual observance at site. The decision to select analogous item(s) shall
be taken by the Engineer-in-Charge in consultation with the Owner, which
shall be conclusive and binding on the Contractor.
In the cases, where analogous items are not available in the SOR, such
items shall be termed as extra items and the rates for such items and also
for items exceeding the prescribed limits as mentioned in sub-clause 51.3
below, the contractor, within 15 days (or as agreed by the Engineer-in-
Charge) from the receipt of the order to execute such items shall submit the
rate analysis to the Engineer-in-Charge supported by document evidence of
basic rates adopted therein, notwithstanding, the fact that the rates for such
items exist in the contract; having regard to the cost of materials, actual
wages of labour and ownership & operational cost of plants and equipment
required as per standard norms are not specified/ available then on the
basis of the labour/ materials/ machinery actually engaged for the particular
work.
Over and above the cost of Labour, Materials arranged by the Contractor
and ownership and operational cost of plants and machineries, an element
of 10% shall be allowed to cover the Contractor’s overheads, profits and
supervision charges.
Where the Contract provides for payment of the Contract Price in more than
one currency, and new rates or prices are agreed, fixed or determined as
stated above, the amount payable in each of the applicable currencies shall
be specified when the rates or prices are agreed, fixed or determined, it
being understood that in specifying these amounts, the Contractor and the
Engineer-in-Charge/Owner (or, failing agreements, the Engineer-in-
Charge/Owner) shall take into account the actual or expected currencies of
cost of the inputs.
Power of Owner 51.3 Provided that if the nature or amount of any varied work relative to the
to Fix Rates nature or amount of the whole of the Works or to any part thereof, is such
that, in the opinion of the Engineer-in-Charge, the rate or price contained in
the Contract for any item of the Works is, by reason of such varied work,
rendered inappropriate or inapplicable, then, after due consultation by the
Owner with Engineer-in-Charge and the Contractor, a suitable rate or price
shall be agreed upon between the Owner and the Contractor. In the event
of disagreement the Owner shall fix such other rate or price as is, in his
opinion, appropriate and shall notify the Contractor accordingly. Until such
time as rates or prices are agreed or fixed, the Engineer-in-Charge shall
determine provisional rates or prices to enable on-account payments to be
included in certificates issued in accordance with Clause 56.
Where the Contract provides for the payment of the Contract Price in more
than one currency, the amount payable in each of the applicable currencies
shall be specified when the rates or prices are agreed, fixed or determined
as stated above, it being understood that in specifying these amounts the
Contractor and the Engineer-in-Charge/Owner (or failing agreement, the
Engineer-in-Charge/Owner) shall take into account the actual or expected
currencies of cost of the inputs.
Notice of Claims 52.1 Notwithstanding any other provision of the Contract, if the Contractor
intends to claim any additional payment pursuant to any Clause of these
Conditions or otherwise, he shall give notice of his intention to the
Engineer-in-Charge, with a copy to the Owner, within 28 days after the
event giving rise to the claim has first arisen.
Contemporary 52.2 Upon the happening of the event referred to in Sub-Clause 52.1, the
Records Contractor shall keep such contemporary records as may reasonably be
necessary to support any claim he may subsequently wish to make.
Without necessarily admitting the Owner's liability, the Engineer-in-Charge
shall, on receipt of a notice under Sub-Clause 52.1, inspect such
contemporary records and may instruct the Contractor to keep any further
contemporary records as are reasonable and may be material to the claim
of which notice has been given. The Contractor shall permit the Engineer-
in-Charge to inspect all records kept pursuant to this Sub-Clause and shall
supply him with copies thereof as and when the Engineer-in-Charge so
instructs.
Substantiation of 52.3 Within 28 days, or such other reasonable time as may be agreed by the
Claims Engineer-in-Charge, of giving notice under Sub-Clause 52.1, the Contractor
shall send to the Engineer-in-Charge an account giving detailed particulars
of the amount claimed and the grounds upon which the claim is based.
Failure to 52.4 If the Contractor fails to comply with any of the provisions of this Clause in
Comply respect of any claim which he seeks to make, his entitlement to payment in
respect thereof shall not exceed such amount as determined by the Owner
in consultation with the Engineer-in-Charge which shall be final and
binding.
Payment of 52.5 The Contractor shall be entitled to have included in any interim payment
Claims certified by the Engineer-in-Charge/Owner pursuant to Clause 55 such
amount in respect of any claim as the Owner, after due consultation with
the Engineer-in-Charge and the Contractor, may consider due to the
Contractor provided that the Contractor has supplied sufficient particulars to
enable the Owner/Engineer-in-Charge to determine the amount due. If such
particulars are insufficient to substantiate the whole of the claim, the
Contractor shall be entitled to payment in respect of such part of the claim
as such particulars may substantiate to the satisfaction of the Owner/
Engineer-in-Charge.
Contractor’s 53.1 All Contractor’s Equipment, Temporary Works and materials provided by
Equipment, the Contractor shall, when brought on to the Site, be deemed to be
Temporary exclusively intended for the execution of the Works and the Contractor shall
Works and not remove the same or any part thereof, except for the purpose of moving
it from one part of the Site to another without prior consent of the Engineer-
Materials;
in-Charge. The Contractor shall submit the documents showing inward
Exclusive Use for entry into Site area and a detailed statement, showing utilization of
the Works Materials for executing the Works, to the Engineer-in-Charge. The
Engineer-in-Charge shall give consent in writing to the Contractor after
ascertaining that such materials are actually surplus and are not required at
Site any further. The Contractor will carry-out all the compliance(s) towards
tax laws for moving such surplus materials from Site.
Incorporation of 53.2 The Contractor shall, where entering into any subcontract for the execution
Clause in of any part of the Works, incorporate in such subcontract (by reference or
Subcontracts otherwise) the provisions of this Clause in relation to Contractor's
Equipment, Temporary Works or materials brought on to the Site by the
Subcontractor.
Approval of 53.3 The operation of this Clause shall not be deemed to imply any approval by
Materials not the Engineer-in-Charge of the materials or other matters referred to therein
Implied nor shall it prevent the rejection of any such materials at any time by the
Engineer-in-Charge.
53.4 Deleted
Materials 53.5 The contractor shall be allowed to use the construction materials obtained
Obtained from from excavation on the site provided the same is found suitable for use and
Excavation is approved by the Engineer-in-Charge. Cost implication, if any, shall be
determined by the Engineer-in-Charge, in consultation with the Owner, to
the Contractor which shall be final and binding.
Disposal of Left- 53.6.1 The Contractor shall after the written approval of the Engineer-in-Charge
over Materials and with the express and written agreement of the Owner promptly remove
(Surplus & from the site any left-over materials including Surplus & Scrap generated
Scrap) for the during performance of any activities at site in pursuance of the Contract.
The term 'Scrap' shall refer to scrap/waste/remnants arising out of the
Contractor’s
fabrication of structural steel work and piping work at the project site in the
Purchased
course of execution of the contract and shall also include any wastage of
materials cables during the termination process while installing the cables. The terms
“Surplus” shall mean the materials in excess of the requirements for the
Works and are no longer required for the Works
The ownership of such Surplus and scrap shall vest with the Contractor
except in cases where the items have been issued by the Owner from its
stores for their installation only without any adjustment to the Contract
Price. The removal of Surplus and Scrap shall be subject to Contractor
submitting documentation and details/reconciliation to Engineer-in-charge
and producing the necessary clearance from the relevant authorities
(Custom, Excise etc.), if required by the law, in respect of disposal of the
Surplus and scrap. The liability for the payment of the applicable taxes,
duties, levy, surcharges, cess and local impost, shall be that of the
Contractor.
The Contractor shall also indemnify to keep the Owner harmless from any
act of omission or negligence on the part of the Contractor in following the
statutory requirements with regard to removal/disposal of Surplus and
scrap. Further, in case the laws require the Owner to take prior permission
of the relevant Authorities before handing over the Surplus and scrap to the
Contractor, the same shall be obtained by the Contractor on behalf of the
Owner.
It is made clear that the Owner shall not be liable to take stock and keep
possession and pay for the Surplus/Scrap and may direct the Contractor to
take back such material, however, the Owner may out of his own free will
decide to retain such Surplus/Scrap, in full or part. If the Contractor fails to
remove such Surplus/Scrap within time frame specified in the Contract or
communicated by the Engineer, The Owner will have the right to dispose
off the same on its own and pay/adjust the relevant net sale proceeds after
adjusting the costs incurred by the Owner to the Contractor.
Free Issue 53.6.2 Whenever any material is issued by Owner, following conditions for issue of
Materials (FIM) material in addition to other conditions specified in the contract shall be
supplied by the applicable:
Owner
a. Necessary indents will have to be raised by the Contractor as per
procedure laid down by the Engineer-in-Charge from time to time, when
he requires the above material for incorporation in permanent works.
b. Materials will be issued only for permanent works and not for temporary
works, enabling works etc. unless specifically approved by the Engineer-
in-Charge and the same shall not be taken into account for the purpose
of materials reconciliation.
c. The Contractor shall bear all other cost including lifting, carting from
issue points to work site/Contractor's store, custody and handling etc.
and return of surplus/serviceable scrap materials to Owner's storage
points to be designated by the Engineer-in-Charge etc. No separate
payment for such expenditure will be made.
Quantities 54.1 The quantities set out in the SOR are the estimated quantities for the
Works, and they are not to be taken as the actual and correct quantities of
the Works to be executed by the Contractor in fulfillment of his obligations
under the Contract.
Omission of 54.2 Items of Works described in the SOR for which no rate or Items of price has
Works been entered in the Contract shall be considered as included in other rates
and prices in the Contract and will not be paid for separately by the Owner.
In case of any ambiguity, the Contractor shall, prior to commencing the
relative Work or Supply, apply in writing to the Engineer-in-Charge for his
decision for resolution of such doubt, ambiguity, contradiction or correction
of the error or making good the omission.
Work to be 54.3 The Engineer-in-Charge, shall except as otherwise stated, ascertain and
Measured determine by measurement the value of the Works in accordance with the
Contract and the Contractor shall be paid that value in accordance with
Clause 55. The Engineer-in-Charge shall, when he requires any part of the
Works to be measured, give reasonable notice to the Contractor’s
authorized agent, who shall:
Method of 54.4 The Works shall be measured net, notwithstanding any general or local
Measurement custom, except where otherwise provided for in the Contract.
Breakdown of 54.5 For the purposes of statements submitted in accordance with Sub-Clause
Lump Sum 55.1, the Contractor shall submit to the Engineer-in-Charge, within 28 days
Items after the receipt of the Letter of Acceptance, a breakdown for each of the
lump sum items contained in the Tender. Such breakdowns shall be subject
to the approval of the Owner in consultation with the Engineer-in-Charge.
Monthly 55.1 The Contractor shall submit a statement in six copies (along with one set in
Payments soft form contained in an appropriate storage device), including one
original, to the Engineer-in-Charge in a tabulated form approved by the
Engineer-in-Charge, showing the amounts to which the Contractor
considers himself be entitled. The statement shall include the following
items, as applicable, which shall be taken into account in the sequence
listed:
(a) The Contract value of the Temporary and Permanent Works executed
upto the end of the month in question, determined in accordance with
sub-clause 54.3, at the unit rate and prices included in the Contract, in
the various currencies of the Contract price;
(b) The actual value certified for payment for the Temporary and
Permanent Works executed up to the end of the previous month, at the
unit rate and prices included in the Contract, in the various currencies
of the Contract price;
(c) The estimated Contract value at the unit rate and prices included in the
Contract of the Temporary and Permanent Works for the month in
question, in the various currencies of the Contract price, obtained by
deducting (b) from (a);
(d) The value of the variations executed up to the end of the month in
question, less the amount certified in the previous IPC, expressed in
the relevant amounts of foreign and local currencies, pursuant to
Clause 51.
(i) The amount to be deducted towards the advance income tax, advance
Work Contract Tax, any other tax shall be at the relevant rates as per
the relevant Acts.
Monthly 55.2 The said statement shall be approved or amended by the Engineer-in-
Payments Charge in such a way that, in his opinion, it reflects the amounts in various
currencies due to the Contractor in accordance with the Contract, after
deduction, of any sums which may have become due and payable by the
Contractor to the Owner. In cases where there is a difference of opinion as
to the value of any item, the Engineer-in-Charge’s view shall prevail. Within
21 days from the submission of the clear and undisputed contractor’s
payment application, the Engineer-in-Charge shall determine the amounts
due to the Contractor and shall issue to the Owner and the Contractor a
certificate herein called “Interim Payment Statement”, certifying the
Materials for 55.3 With respect to materials (limited to Reinforcement steel and Structural
Permanent Work steel only)brought by the Contractor to the site for incorporation in the
Permanent Works, the Contractor on signing an indenture in the form to be
specified by the Engineer-in-Charge shall (a) receive a credit in the month
in which these materials are brought to the site and (b) be charged a debit
in the month in which they are incorporated in the Permanent works, both
,such credit and debit to be determined by the Engineer-in-Charge in
accordance with the following provisions:
(a) No credit shall be given unless the following conditions shall have been
met to the Engineer-in-Charge's satisfaction:
ii. The materials have been delivered to the site and are properly
stored and protected against loss, damage, or deterioration
Time of 55.7 The amount due to the Contractor under any Interim Payment Statement
Payment issued by the Engineer-in-Charge/Owner pursuant to this Clause, or to any
other term of the Contract, shall, subject to Clause 47, be paid by the
Owner to the Contractor as follows:
(a) In the case of Interim Payment Statements within 30 days after the
certification of the Contractor's submitted monthly statement by the
Engineer-in-Charge and
Correction of 55.8 The Engineer-in-Charge may by any Interim Payment Statement make any
Certificates correction or modification in any previous Interim Payment Statement,
which has been issued by him, and shall have authority, if any work is not
being carried out to his satisfaction, to omit or reduce the value of such
work in any Interim Payment Statement.
Statement at 55.9 Not later than 84 days after the issue of the Taking-Over Certificate in
Completion respect of the whole of the Works, the Contractor shall submit to the
Engineer-in-Charge 6 copies of Statement at Completion with supporting
documents showing in detail, in the form approved by the Engineer-in-
Charge,
(a) The final value of all work done in accordance with the Contract up to
the date stated in such Taking-Over Certificate; and
(b) Any further sums which are due under the Contract
The Engineer-in-Charge shall certify payment in accordance with Sub-
Clause 55.2.
Final Statement 55.10 Not later than 56 days after the issue of the Defects Liability Certificate
pursuant to Sub-Clause 56.1, the Contractor shall submit 6 copies of the
draft final statement to the Owner/ Engineer-in-Charge for consideration
with supporting documents showing in detail, in the form approved by the
Owner/ Engineer-in-Charge,
(a) The value of all work done in accordance with the Contract; and
(b) Any further sums which are due to him under the Contract.
Discharge 55.11 Upon submission of the Final Statement, the Contractor shall give to the
Owner, with a copy to the Engineer-in-Charge, a written discharge
confirming that the total of the Final Statement represents full and final
settlement of all monies due to the Contractor arising out of or in respect of
the Contract. Provided that such discharge shall become effective only after
payment due under the Final Payment Certificate issued pursuant to Sub-
Clause 55.12 has been made.
Final Payment 55.12 Within 45 days after receipt of the Final Statement, and the written
Certificate discharge, the Owner/ Engineer-in-Charge shall deliver to (with a copy to
the Contractor) a Final Payment Certificate stating
(b) After giving credit to the Owner for all amounts previously paid by the
Owner and for all sums to which the Owner is entitled, other than under
Clause 47, the balance, if any, due from the Owner to the Contractor or
from the Contractor to the Owner as the case may be.
Cessation of 55.13 The Owner shall not be liable to the Contractor for any matter or thing
Owner's arising out of or in connection with the Contract or execution of the Works,
Liability unless the Contractor shall have included a claim in respect thereof in his
Final Statement and (except in respect of matters or things arising after the
issue of the Taking-Over Certificate in respect of the whole of the Works) in
the Statement at Completion referred to in Sub- Clause 55.9.
Payment 55.14 All payments in foreign currency shall be arranged by transfer of funds in
Procedure the Overseas Bank Accounts of the Contractors in case of foreign
contractors and in case of Indian contractors, in INR into their bank
accounts in India through NEFT/RTGS
Approval only by 56.1 Only the Defects Liability Certificate, referred to in Clause 56, shall be
Defects Liability deemed to constitute approval of the Works.
Certificate
Defects 56.2 The Contract shall not be considered as completed until a Defects Liability
Liability Certificate shall have been signed by the Engineer-in-Charge and delivered
Certificate to the Owner, with a copy to, the Contractor, stating the date on which the
Contractor shall have completed his obligations to execute and complete
the Works and remedy any defects therein to the Engineer-in-Charge’s
satisfaction. The Defects Liability Certificate shall be given by the Engineer-
in-Charge within 28 days after the expiration of the Defects Liability Period,
or, if different defects liability periods shall become applicable to different
sections or parts of the Permanent Works, the expiration of the latest such
period, or as soon thereafter as any works instructed, pursuant to Clauses
49 and 50, have been completed to the satisfaction of the Engineer-in-
Charge.
Unfulfilled 56.3 Notwithstanding the issue of the Defects Liability Certificate the Contractor
Obligations and the Owner shall remain liable for the fulfillment of any obligation
incurred under the provisions of the Contract prior to the issue of the
Defects Liability Certificate which remains unperformed at the time such
Defects Liability Certificate is issued and, for the purposes of determining
the nature and extent of any such obligation, the Contract shall be deemed
to remain in force between the parties to the Contract.
REMEDIES
Default of 57.1 If the Contractor is deemed by law unable to pay his debts as they fall due,
or enters into voluntary or involuntary bankruptcy, liquidation or dissolution
ii. To proceed with the Works, or any section thereof, within 28 days
after receiving notice pursuant to Sub-Clause 46. 1,
Valuation at 57.2 The Engineer-in-Charge shall, as soon as may be practicable after any
Date of such entry and termination by the Owner, fix and determine ex parte, or by
Termination or after reference to the parties or after such investigation or enquiries as
he may think fit to make or institute, and shall certify:
(a) What amount (if any) had, at the time of such entry and termination,
been reasonably earned by or would reasonably accrue to the
Contractor in respect of work then actually done by him under the
Contract, and
(b) The value of any of the said unused or partially used materials, any
Contractor’s Equipment and any Temporary Works.
Payment after 57.3 If the Owner terminates the Contractor’s employment under this Clause, he
Termination shall not be liable to pay to the Contractor any further amount in respect of
the Contract until the expiration of the Defects Liability Period and
thereafter until the costs of execution, completion and remedying of any
defects, PRS for delay in completion (if any) and all other expenses
incurred by the Owner have been ascertained and the amount thereof
certified by the Engineer-in-Charge. The Contractor shall then be entitled to
receive only such sum (if any) as the Engineer-in-Charge may certify would
have been payable to him upon due completion by him after deducting the
said amount. If such amount exceeds the sum which would have been
payable to the Contractor on due completion by him, then the Contractor
shall, upon demand, pay to the Owner the amount of such excess and it
shall be deemed a debt due by the Contractor to the Owner and shall be
recoverable accordingly.
Assignment 57.4 Unless prohibited by law, the Contractor shall, if so instructed by the
of Benefit of Engineer-in-Charge within 14 days of such entry and termination referred to
Agreement in Sub-Clause 57.1, assign to the Owner the benefit of any agreement for
the supply of any goods materials or services and/or for the execution of
any work for the purposes of the Contract, which the Contractor may have
entered into.
(iv) “Forgery” means the false making or the material altering of a document
with the intent to defraud. A signature of a person that is made without the
person’s consent and without the person otherwise authorizing it. A person
is guilty of forgery if, with the purpose to defraud or injure anyone or with
knowledge that he is facilitating a fraud or injury to be perpetrated by
anyone, the actor (i) alters any writing of another without his authority (ii)
makes, completes, authenticates, executes, issues or transfers any writing,
so that it purports to be the act of another who did not authorize that act or
to have been executed at a time or place or in a numbered sequence other
than was in fact the case, or to, be a copy of an original when no such
original exists. Utters any writing which he knows to be false in a manner
specified in (i) & (ii) above
Theft and 57.6 If during pendency of the Contract, at any point of time, any of the
Urgent 58.1 If, by reason of any accident, or failure, or other event occurring to, in, or in
RemedialWork connection with the Works, or any part thereof, either during the execution
of the Works, or during the Defects Liability Period, any remedial or other
work is, in the opinion of the Engineer-in-Charge/Owner, urgently
necessary for the safety of the Works and the Contractor is unable or
unwilling at once to do such work, the Owner shall be entitled to employ
and pay other persons/agencies to carry out such work as may be consider
necessary. If the work or repair so done by the Owner is work which, the
Contractor was liable to do at his own cost under the Contract, then all
costs consequent thereon or incidental thereto shall be recoverable from
the Contractor by the Owner, and may be deducted from any monies due
or to become due to the Contractor.
SPECIAL RISKS
No Liability for 59.1 In the event of either party being rendered unable by any of the Special
Special Risks Risks referred to in Sub-clause 59.2 to perform any obligation required tobe
performed by them under the Contract, the relative obligation of the party
affected by such special risks shall upon notification to the other party be
suspended for the period during which the effect of the Special Risk event
lasts. The cost and loss sustained by either party other than those
mentioned in the Sub-clause 20.3 shall be borne by the respective parties.
Special Risks 59.2 As the term “Special Risks” has not been specifically defined in the
Contract, hence, it shall mean “Event of Force Majeure” defined in clause
20.4.1.
Damage to 59.3 Upon the occurrence of any of the Special Risks, and upon its
Works by termination the party alleging that it has been rendered unable, as
Special Risks aforesaid, shall notify the other party in writing as required under Sub-
clause 44.2.
Damage to 59.3 Upon the occurrence of any of the Special Risks, and upon its termination
Works by Special the party alleging that it has been rendered unable, as aforesaid, shall
Risks notify the other party in writing as required under Sub-clause 44.2.
Projectile, 59.4 Time for performance of the relative Obligation suspended by the Special
Missiles Risks shall stand extended pursuant to Sub-Clause 44.1 to the extent the
effect of such occurrences affects the overall Time for Completion as per
Sub-Clauses of this Clause 59.
Outbreak of War 59.5 If, during the currency of the Contract, there is an outbreak of war, whether
declared or not, in any part of the world which, whether financially or
otherwise, materially affects the execution of the Works, the Contractor
shall, unless and until the Contract is terminated under the provisions of this
Clause, continue to use his best endeavors to complete the execution of
the Works. Provided that the Owner shall be entitled, at any time after such
outbreak of war, to terminate the Contract by giving notice to the Contractor
and, upon such notice being given, the Contract shall, except as to the
rights of the parties under this Clause and Clause 61, terminate but without
Removal of 59.6 If the Contract is terminated under the provisions of Sub-Clause 59.5, the
Contractor's Contractor shall, with all reasonable dispatch, remove from the Site all
Equipment on Contractor’s Equipment and shall give similar facilities to his
Termination Subcontractors to do so.
Payment if 59.7 If the Contract is terminated as aforesaid, the Contractor shall be paid by
Contract the Owner, insofar as such amounts or items have not already been
Terminated covered by payments on account made to the Contractor, for all work
executed prior to the date of termination at the rates and prices provided in
the Contract and in addition:
Provided that against any payment due from the Owner under this Sub-
Clause, the Owner shall be entitled to be credited with any outstanding
balances due from the Contractor for advances in respect of Contractor's
Equipment, materials and Plant and any other sums which, at the date of
termination, were recoverable by the Owner from the Contractor under the
terms of the Contract. Any sums payable under this Sub-Clause shall be
determined by the Owner in due consultation with the Engineer-in-Charge
and the Contractor.
Payment in 60.1 If any circumstance outside the control of both parties arises after the issue
Event of of the Letter of Acceptance which renders it impossible or unlawful for
Release from either or both parties to fulfill his or their contractual obligations, or under
Performance the law governing the Contract the parties are released from further
performance, then the parties shall be discharged from the Contract, except
as to their rights under this Clause and Clause 61 and without prejudice to
the rights of either party in respect of any antecedent breach of the
Contract, and the sum payable by the Owner to the Contractor in respect of
the work executed shall be the same as that which would have been
payable under Clause 59 if the Contract had been terminated under the
SETTLEMENT OF DISPUTES
61.1 In the event of any disputes or difference between the Owner and the
Contractor arising out of or in connection or relation to this contract other
than reserved matters for which decision of Owner/ Engineer-in-Charge
shall be final and binding upon the Parties, a Party prior to initiation of any
proceedings under this contract shall promptly give a written notice to the
other Party setting out in clear and concise language the relevant facts,
nature and circumstances of the disputes, relief sought including any
amount claimed (‘Notice of Disputes’).
61.2 Upon receipt of a Notice of Disputes, representatives of the Owner and the
Contractor shall forthwith use their best efforts in good faith to reach a
reasonable and equitable resolution of the disputes and produce written
terms of settlement thereof.
61.3 If the representatives of Owner and the Contractor are unable to produce
written terms of settlement and resolve the disputes within forty-five (45)
days of receipt by either Party of a Notice of Disputes, then such
unresolved disputes shall be finally settled in arbitration
61.4 In case of any such unresolved disputes, any Party wishing to commence
arbitration shall issue a (‘Notice Invoking Arbitration’) to the Appointing
Authority for the appointment of the arbitrator. A Notice Invoking
Arbitration shall be different and distinct from Notice of Disputes as
mentioned in clause 61.1 above. Notwithstanding the Notice Invoking
Arbitration issued by a Party, the other Party shall in addition to its right of
pleading or set off, set up, by way of counter claim, including but not
limited to a counter claim in the matter of a claim for damages or not
against the claim of a Party issuing the Notice Invoking Arbitration and the
other Party shall have no objections in this regard.
61.6 The Appointing Authority shall be the Chief Executive Officer & Managing
Director of the Owner or any other person duly authorized by him for this
purpose.
61.8 The award of the arbitral tribunal shall be a reasoned and written award
and shall be final and binding upon the Parties, and shall be the sole and
exclusive remedy between the Parties regarding, any claims,
counterclaims, issues or accounting presented or pleaded to the arbitrator.
61.9 The provisions of the Arbitration and Conciliation Act, 1996 or any
statutory modification or re-enactment thereof and the rules made there
under, shall apply to the arbitration proceedings under this Clause. Indian
law, without reference to its conflict of law principles, shall be governing
61.10 The arbitration shall be held at New Delhi and the proceedings shall be
carried-out in English language only.
61.11 The Parties shall continue to comply with, observe and perform all of their
obligations hereunder regardless of the nature of the disputes and
notwithstanding the referral of the disputes to arbitration. In particular
Contractor acknowledges and agrees that the balance of convenience is in
favor of the Owner as regards timely completion of the Works on account
of time being of the essence in this contract, and it shall not be entitled to
obtain any injunctive relief in this regard. The Contractor shall observe and
perform its obligations under the contract regardless of the nature of the
disputes and notwithstanding the referral of the disputes to arbitration.
61.12 Subject to the foregoing provisions relating to arbitration, the courts at New
Delhi shall have sole and exclusive jurisdiction in relation to or in
connection with this contract, including (but not limited to) for the purposes
of interim measures under Section 9 of the Arbitration and Conciliation Act,
1996.
NOTICES
Notice to 62.1 All certificates, notices or instructions to be given to the Contractor by the
Contractor Owner or the Engineer-in-Charge under the terms of the Contract shall be
sent by post, e-mails or facsimile transmission to or left at the Contractor's
principal place of business or such other address as the Contractor shall
nominate for that purpose.
Notice to Owner 62.2 Any notice to be given to the Owner or to the Engineer-in-Charge under the
and Engineer-in- terms of the Contract shall be sent by post, e-mails or facsimile
Charge transmission to or left at the respective addresses.
Change of 62.3 Either party may change a nominated address to another address in the
Address country where the Works are being executed by prior notice to the other
party, with a copy to the Engineer-in-Charge, or the Engineer-in-Charge
may do so by prior notice to both parties.
DEFAULT OF OWNER
Owner 63.2 Upon the expiry of 14 days' notice referred to in Sub-Clause 63.1, the
Removal of Contractor shall, notwithstanding the provisions of Sub-Clause 53.1, with all
Contractor’s reasonable dispatch, remove from the Site all Contractor’s Equipment
Equipment brought by him thereon.
Payment on 63.3 In the event of such termination the Owner shall be under the same
Price 64.1 Foreign currency component of Contract Price is firm till Time for
Adjustment Completion as set out in Clause 43. Subject to the conditions laid down
hereunder, INR component of the Contract Price is subject to price
adjustment in accordance with the Price Variation formulae, if provided
under/ incorporated in other Bid or contract documents.
Subsequent 64.2 If, after the date 28 days prior to the latest date for submission of Price Bids
Legislation for the Contract, there occur in the country in which the Works are being or
are to be executed changes to any National or State Statute, Ordinance,
Decree, or other Law or any other regulation or by-law of any local or other
duly constituted authority, or the introduction of any such State Statute,
Ordinance, Decree, Law, regulation or by law which causes additional or
reduced cost to the Contractor other than the preceding sub-clauses of this
clause, in the execution of this Contract, such additional or reduced cost
shall, after due consultation with the Engineer-in-Charge and the
Contractor, be determined by the Owner and shall be added or deducted
from the Contract Price . Notwithstanding the foregoing, such additional or
reduced cost shall not be separately paid or credited if the same shall
already have taken into account in the indexing or any inputs to the Price
Adjustment Formulae in accordance with the provisions of Sub Clauses
64.1 to 64.2.
Currency 65.1 If, after the date 28 days prior to the latest date for submission of tenders
Restrictions for the Contract, the Government or authorized agency of the Government
of the country in which the Works are being or are to be executed imposes
currency restrictions and/or transfer of currency restrictions in relation to the
currency or currencies in which the Contract Price is agreed, the Owner
shall:
(a) Based on the exchange rates prevailing on the date 28 days prior to the
latest date of submission of tenders, convert such foreign currency
component into other such foreign currency which does not have such
restrictions; or
(b) Agree upon a formula with Contractor for adjustment of such Foreign
currency component; or
(c) Reimburse any loss or damage to the Contractor arising there from,
without prejudice to the right of the Contractor to exercise any other
rights or remedies to which he is entitled in such event.
Rates of 65.2 Where the Contract provides for payment in whole or in part to be made to
Exchange the Contractor in foreign currency or currencies, such payment shall not be
subject to variations in the rate or rates of exchange between such
specified foreign currency or currencies and the currency of the country in
which the Works are to be executed.
TAXATION
Foreign 66.1 The prices quoted by Contractor include all the taxes and duties and other
Taxation charges imposed outside the Owner’s country including withholding taxes
liability u/s 195 of Income Tax Act and taxes and duties on the production,
Local 66.2 The Contractor accepts full and exclusive liability for the payment of any
Taxation and all taxes, duties, octroi, rates, cess, levies, and statutory payments
payable under all or any of the statutes etc. now or hereafter imposed,
increased from time to time in respect of works and materials and all
contributions and taxes for unemployment compensation, insurance and
old age pensions or annuities now or hereafter 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 Owner-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 Local Government
agency or authority.
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 or
otherwise. 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 confirmation or certificate of the Owner
issued in that behalf.
Personal 66.3 The Contractor's staff and labour will be liable to pay personal income taxes
Tax in the Owner's country in respect of such of their salaries and wages as are
chargeable under the laws and regulations for the time being in force, and
the Contractor shall perform such duties in regard to such deductions
thereof as may be imposed on him by such laws and regulations.
Duties on 66.4 The Contractor shall be responsible for importing and clearing all the
Contractor’s equipment that will be required for carrying out Works and Owner shall not
Equipment pay or reimburse any duties, taxes, expenses, etc. that Contractor would
incur on importing such equipment. The Contractor shall also be solely
responsible for submitting the bond, surety, or any other such instrument
that would be required as per Indian Customs Act and/or tariff/rules.
MISCELLANEOUS
Termination 67.1 (a) Without prejudice to the Owner’s rights, powers and remedies under this
of Contract Contract and at law, the Owner may terminate this Contract if one of
the following defaults occurs:
terminated Works;
iii. Cooperate fully and completely with the Owner in the transfer of
information and disposition of the Works in progress so as to
mitigate damages;
vi. Comply with all other reasonable requests from the Owner
regarding the terminated Works; and
vii. Immediately leave the site along with the labour, and make
arrangements to remove Contractor’s equipment and machinery
within 7 days of such termination notice and shall demolish,
dismantle and remove all Contractor’s site offices and
warehouse/ go downs, and other Temporary Works, structures
and construction and other items and things whatsoever brought
upon or erected at the Job Site or on any land allotted to the
Contractor by the Owner and not incorporated in the Permanent
Works and shall remove all rubbish from the Job Site and the
land allotted to the Contractor and shall clear, level and dress the
Job Site and said land to the satisfaction of the Engineer-in-
Charge and shall put the Owner in undisputed custody and
possession of the Job Site and all land allotted by the Owner to
the Contractor.
c) Should the Contractor fail to comply with the above provision within the
specified time frame therein, the Owner shall have the right at the
risks and costs of the Contractor in all respects to clear the Job Site
of all the materials, Contractor's labour, equipment and machinery
and other materials and things and/or demolish/dismantle and
remove all Contractor's site offices and go downs and other
Temporary Works, constructions and erections whatsoever on or at
the Job Site or on any land allotted to the Contractor by the Owner
and/or remove all rubbish from the Job Site, the land allotted to the
Contractor and store, sell, dispose of and/or otherwise deal with any
and all material, equipment and machinery etc., and other items and
things aforesaid and recoveries of any demolition/dismantling as the
Owner shall in its absolute discretion deem fit, and the Contractor
shall forthwith on demand pay the Owner, the entirety of the costs
and expenses incurred by the Owner relative to the above.
(c) The Owner on termination of such contract shall have the right to
appropriate the performance security 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.
(d) The Owner shall have the right to carry out the unexecuted portion
of work either by themselves or by contractor through other agencies
at the cost of the Contractor.
(e) The contractor within or at the time fixed by the Owner shall depute
his authorized 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-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.
(f) 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
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-in-
Charge-in-Charge/Site-in-Charge 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
realized. 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.
(g) 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.
(a) The Owner may, at its option, terminate for convenience this Contract,
at any time by giving prior written notice to the Contractor. Such notice
shall specify the effective date of such termination, being not less than
fourteen (14) days from the date of such notice. Upon receipt of such
notice the Contractor shall:
iv. Immediately leave the site along with the labour and make
arrangements to remove Contractor’s equipment and machinery
within 7 days of such Optional Termination and shall demolish,
dismantle and remove all Contractor’s site offices and
warehouse/go downs, and other Temporary Works, structures and
construction and other items and things whatsoever brought upon
or erected at the Job Site or on any land allotted to the Contractor
by the Owner and not incorporated in the Permanent Works and
shall remove all rubbish from the Job Site and the land allotted to
the Contractor and shall clear, level and dress the job site and said
land to the satisfaction of the Engineer-in-Charge and shall put the
Owner in undisputed custody and possession of the job site and
all land allotted by the Owner to the Contractor.
(b) Upon any such Optional Termination, the Contractor shall waive any
claims for damages including loss of anticipated profits on account
thereof, and as the sole right and remedy of the Contractor, the Owner
shall:
ii. Deduct from that measure any sums already paid to the Contractor;
iii. Deduct from that measure any sums owing or due from the
Contractor to the Owner; and if a balance is due to the Contractor
then the Owner shall pay the balance to the Contractor and if a
balance is due to the Owner the Contractor shall pay the balance to
the Owner according to the provisions of this Contract.
(d) For the avoidance of doubt the Contractor acknowledges and agrees
that the Owner may engage others to carry out any Works terminated
for convenience under and pursuant to this Clause.
Joint & 68.1 If the Contractor is a joint venture of two or more persons, all such person
Several shall be jointly and severally bound to the Owner for the fulfillment ofthe
Liabilities terms of the Contract and shall designate one of such persons to act as a
leader with authority to bind the joint venture. The composition or the
constitution of the joint venture shall not be altered without the prior consent
of the Owner.
Details to be 69.1 The Contractor shall treat the details of the Contract private and
Confidential confidential, save in so far as may be purposes thereof, and shall not
publish or disclose the same or any particulars thereof in any trade or
elsewhere without the prior consent in writing of the Owner or the Engineer-
in-Charge. If any dispute arises as to necessary of any publication or
disclosure for the purpose same shall be referred to the Owner shall be
final.
Life-saving 70 The Contractor shall provide and maintain upon the works sufficient, proper
Appliances and and efficient life-saving appliances and first-aid equipment to the approval
First-aid of the Engineer-in-Charge. The appliances and equipment shall be
available for use at all time at the cost of the Contractor.
Drawings & 71 The Contractor shall not disclose details of drawings furnished to him and
Photographs works on which he is engaged without the prior approval of the Engineer-in-
of the Works Charge in writing. No photograph of the works or any part thereof or
equipment employed thereon shall be taken or permitted by the contractor
to be taken by any of his employees or any employees of his sub-
contractors without the prior approval of the Engineer-in-Charge in writing
and no such photographs shall be published or otherwise circulated without
the approval of the Engineer-in-Charge in writing.
72 Deleted
Construction 73.1 Construction power would be made available at 6.6kV/ 415V level within
Power the plant boundary at one point. Contractor shall make his own
arrangements for further distribution and shall be responsible for the
maintenance of its distribution system. The power delivered would be
measured with the energy meter fixed by the Contractor at the point of
delivery and the contractor shall reimburse the energy consumed at actual
and as billed to the Owner. The energy charges will be recovered on
monthly basis from the payments due during the month.
Construction 73.2 Construction water shall be provided to the Contractor, free of cost, at one
Water point near the Battery Limit. It shall be Contractor’s responsibility to arrange
for further distribution of the same. If Owner is not able to provide water,
then Contractor has to arrange Water for construction at their cost.
However, Contractor shall arrange for drinking water at his own cost.
73.3 If HMEL is unable to provide water and power as mentioned above for any
reasons whatsoever, the same have to arrange by contractor. No time
extension or compensation shall be payable on the above account. This
shall not relieve Contractor of his responsibility for timely completion of the
work as stipulated in the bidding document.
Land for 74 Land for Infrastructure shall be arranged by the Contractor himself at his
Infrastructure own cost and the Owner shall not be responsible for making available the
same. For the land(s) by the Owner, a onetime nominal license fee of
Rs.1000 (Rupees one thousand only) shall be charged from the Contractor
for use of the land till validity of Contract. The use or occupation of the land
by the Contractor shall not confer on him any right of tenancy or possession
thereof.
Ecological 75.1 The Contractor shall be required to ensure that there shall be no
Balance indiscriminate felling of trees by him or his, labourers or their family
members and he will be solely responsible for their acts in this regard. The
Contractor shall try to maintain ecological balance by preventing
deforestation, water pollution and defacing of natural landscape in the
vicinity of work areas. The Contractor shall so conduct his construction
operations as to prevent an unnecessary destruction of, scarring or
defacing the natural surroundings in the vicinity of the work area In order to
maintain the ecological balance, the Contractor shall specifically observe
the following instructions:
75.2 Separate payment will not be admissible to the Contractor for complying
with the provisions of this clause except the protection works as specifically
provided for in SOR. All other costs shall be deemed to have been included
in the items mentioned in the SOR. If any provision(s) is not complied with,
within a reasonable time even after issue of a notice in this respect, the
necessary operations would be carried out by the Engineer-in-Charge at
the cost of the Contractor.
that this exclusion shall not apply to any obligation of the Contractor
regarding Price Reduction due to delayed completion and
(b) The aggregate liability of the Contractor to the Owner, whether under
the Contract, in tort or otherwise, shall not exceed the total Contract
Price, provided that this limitation shall not apply to the cost of
rectification of damages or to any obligation of the Contractor to
indemnify the Owner with respect to patent infringement.
Indemnity 77 The Contractor shall be at all times indemnify and keep indemnified the
Owner and its officers, servants and agents from and against all third
party claims whatsoever (including but not limited to property loss and
damage, personal accident, injury or death of or to property or person of
any sub-contractor and/or the servants or agents of the Contractor or any
other contractor(s) and any sub-contractor and/or of the Owner), and the
Contractor shall at its own cost and initiative at all times up to the
successful conclusion of the Defect Liability Period.
Government of 78
It is expressly understood and agreed by and between the Contractor and
India not Liable the Owner/Consultant that the Owner/Consultant is entering into this
agreement solely on its own behalf and not on behalf of any other person
or entity. In particular, it is expressly understood and agreed that the
Government of India is not a party to this agreement and has no liabilities,
obligations or rights there under. It is expressly understood and agreed
that the Owner/Consultant is an independent legal entity with power and
authority to enter into contract, solely in its own behalf under the
applicable laws of India and general principal of Contract Law. The
Contractor expressly agrees, acknowledges and understands that the
Owner/Consultant is not an agent, representative or delegate of Govt. of
India. It is further understood and agreed that the Govt. of India is not and
shall not be liable for any acts, omissions, commissions, breaches or
other wrongs arising out of the contract. Accordingly, contractor hereby
expressly waives, releases and foregoes any and all actions or claims,
including cross claims, impleader claims or counter claims against the
Govt. of India arising out of this contract and covenants not to sue to
Govt. of India as to any manner, claim, cause of action or thing
whatsoever arising of or under this agreement.
APPENDIX- I
1.1 Necessary indents will have to be raised by the Contractor as per procedure laid down by the
Engineer-in-Charge from time to time, when he requires the above material for incorporation in
permanent works.
1.2 Materials will be issued only for permanent works and not for temporary works, enabling works
etc. unless specifically approved by the Engineer-in-Charge and the same shall not be taken
into account for the purpose of materials reconciliation.
1.3 The Contractor shall bear all other cost including lifting, carting from issue points to work
site/Contractor's store, custody and handling etc. and return of surplus/serviceable scrap
materials to Owner's storage points to be designated by the Engineer-in-Charge etc. No
separate payment for such expenditure will be made.
1.4 No material shall be allowed to be taken outside the plant without a gate pass.
1.5 The Contractor shall be responsible for proper storage, preservation and watch & ward of the
materials.
All unused/scrap materials shall be the property of the Owner and shall be returned in good
and acceptable condition size wise, category wise by the Contractor at his own cost to Owner's
Store(s).
1.6.3 In case the Contractor fails to return unused/scrap materials, then recovery for such quantity of
materials, not returned by the Contractor shall be affected at following penal rates from the
Contractor's bills or from any other dues of the Contractor to the Owner. Contractor shall make
his own arrangements for weighing the off cuts to be returned to Owner's stores.
Penal Rates for non-return of materials:
Note:
1. Landed Rate shall be arrived from the latest Purchase Order of respective material
received at site by Owner.
2. In case different penal rates have been indicated in the Contract (based on Project
requirement), the same will supersede the above rates.
2.0
CEMENT
2.1 Cement as received from cement Manufacturer/Stockiest will be issued to the Contractor. The
theoretical weight of cement in each bag for issue purpose will be considered as 50 Kgs. or 20
bags per MT. However, cement bags weighing upto 4% less shall be accepted by the
Contractors and charged for as full bag. Any type of cement and in any package as received
from Manufacturer/Stockiest shall be issued to the Contractor. No claim whatsoever shall be
entertained on this account.
2.2 The Contractor will have to submit their design mix for different grades of concrete, keeping in
view the requirements stipulated in IS: 456 and IS 10262, specifically regarding durability,
slump and water cement ratio, and specific gravity of materials brought to site as analyzed in
the laboratories. The design shall be based upon absolute volume method and theoretical
consumption of cement shall be worked out on this basis. For other than concrete items, the
coefficients for consumption of cement shall be adopted as per CPWD practice.
2.3 The permissible variation between Cement actually used on the job and theoretical
consumption worked 'out on the basis stipulated in above para 2.2 and as determined by
Engineer-in-Charge shall be 3% (Three percent only).
2.3.1 If the actual consumption is more than 103% of the theoretical consumption, then recovery at
the penal rates for the quantity of cement beyond the limit of 103% of theoretical consumption
shall be affected from the Contractor's bill(s) or any other dues of the Contractor to the Owner.
2.3.2 If the actual consumption is less than 97% of the theoretical consumption then recovery at the
penal rates for the quantity of cement used less than the limit of 97% of the theoretical
consumption shall be affected from the Contractor's bill(s) or any other dues of the Contractor
to the Owner, provided that the quality of the work has been found acceptable by the Owner.
2.4 Unused quantity of cement shall be returned by the Contractor to the Owner's stores in good
condition. In case the Contractor fails to do so, then recovery at penal rates shall be affected
from the Contractor's bills(s) or any other dues of the Contractor to the Owner.
2.5 The Contractor shall maintain a good store for storing cement issued to him. The flooring of
the storage house, the clearances of cement bags from the side walls, floor & stack height etc.
shall be as instructed by the Engineer-in-Charge.
2.6 The cement store shall be open for inspection and verification by the Engineer-in-Charge or his
authorized representative at any time when the Engineer-in-Charge feels the need to do so.
2.7 Periodical stock taking as decided by the Engineer-in-Charge shall be done by the Contractor
in the presence of Engineer-in-Charge or his authorized representative and a statement of
stocks duly verified shall be submitted to Engineer-in-Charge.
2.8 Empty cement bags shall be the property of the Contractor and shall have to be disposed off
by him.
2.9 Penal rates for excess/less consumption and/or non-return of unused quantity w.r.t. theoretical
consumption "allowance as explained in each type of material shall be charged as given in the
Contract.
3.1 The scrap allowance for the reinforcement bars/structural steel including steel plate issued by
the Owner shall be total 3% (2.5% accountable and 0.5% non-accountable) of the actual
consumption as incorporated in the works.
3.3 Reinforcement bars/structural steel/steel plates shall be issued only for those items, where
Owner's supply has been specifically mentioned in Schedule of Rates/ Scope of Supply.
3.4 All reinforcement bars/structural steel except M.S. Plates in length of 2 meters and' above shall
be considered as serviceable materials provided the material is in good and acceptable
condition. Reinforcement bars/structural steel section except M.S. Plates in lengths less than
2M shall be treated as scrap.
3.5 For the purpose of accounting of the plates, all plates measuring not less than 1 Sq. m in area
and having any dimensions not less than 200mm when returned to Owner's store, will be
considered as serviceable material. All other pieces will be treated as wastage/scrap. The
Contractor will prepare a plate cutting diagram in such a way that the minimum scrap is
generated. Also the cut plates should be used at a proper place to reduce scrap.
3.6 Above serviceable cut pieces as mentioned in 3.4 & 3.5 above shall be considered as unused
material.
3.7 For non-return of unused quantity of material shall be charged at penal rates.
3.8 The wastage generated by the Contractor in excess of the allowable percentage shall also be
charged at the penal rates.
4.0
PIPING MATERIALS
4.1 All pipes shall be issued in available lengths/shapes and no claims for extra payments on
account of issue of non-standard length & shape will be entertained. Pipes shall be issued on
linear measurement basis. All valves, flanges, fittings etc. shall be issue on number(s) basis.
Contractor shall store the materials in such a way so as to avoid mixing of different types of
material and shall maintain complete identification and traceability at all times.
4.2 The scrap allowance for pipes issued by the Owner shall be 3% (2% accountable + 1% non-
accountable) of the actual consumption as incorporated in the works.
4.3 All pipes in length of 2 meters and above shall be considered as serviceable material provided
the material is in good and acceptable condition and has clear identification and traceability
(Manufacturer's name, heat number/batch number and test· certificates). Pipes in lengths less
than 2M shall be treated as scrap.
4.4 For the non-account of pipes drawn by the Contractor over and above the actual consumption
as determined by the Engineer-in-Charge, plus 3% (2%% accountable + %% non-
accountable) thereof to cover the scrap allowance, recovery at penal rate shall be effected
from the Contractor's bill(s) or from any other dues of the Contractor to the Owner.
4.5 All unused/scrap pipes, valves, flanges, forged fitting like elbows, reducers tees shall be
returned by the Contractor category wise duly cleaned, greased and spec. marked at his own
cost to Owner's stores. In case the Contractor fails to do so then recovery for such quantity of
pipes not returned by the Contractor at the penal rates shall be affected from the Contractor's
bill(s) or from any other dues of the Contractor to the Owner.
5.0
EQUIPMENTS
Various equipment/materials intended for the installation will be received by Owner in
unpacked, skid mounted; crated, packed or loose condition will be stored in the warehouses
and open yards. In general, materials will be issued to the Contractor in 'as received' condition.
It will be the Contractor's responsibility to draw, load and transport all materials from Owner's
designated places of issue to the point of installation and return all packing materials like steel
frames, wooden boxes/scrap etc. to Owner's stores.
All materials supplied by the Owner shall be duly protected by the Contractor at his own cost
with appropriate preservative like primer, lacquer coating, grease etc. as required
6.0
CABLES
6.1.1 All the surplus and serviceable cables out of the cables quality (ies) issued by the Owner to
the Contractor shall be returned by the Contractor to the Owner's store in good condition and
as directed by the Engineer-in-Charge.
6.1.2 The Contractor shall be allowed a cutting/wastage allowance of 1.5% for power cables and
3% for the control cables. This cutting/wastage allowance shall be computed on the length of
cables actually laid, measured and accepted.
6.1.3 All cables being returned to store should carry Aluminum sheet tags indicating the size & type
of cable. Cables of less than 15 meters length will be termed as scrap. Cables of lengths 15M
and above shall be termed as serviceable material & shall be returned size wise and category
wise to the Owner's store in wooden drums. Cables of serviceable length being returned to
stores in drum(s) shall be accepted only after Mugger value continuity test and physical
measurement is carried out by the Contractor to the satisfaction of Engineer-in-Charge. Empty
cable drums and major packing material (as decided by Engineer-in-Charge) shall be Owner's
property and shall be returned to Owner's Store/designated place without any additional cost.
6.1.4 While carrying out material appropriation with the Contractor, the above points will be taken
into account. All' serviceable materials returned by the Contractor (size wise & category wise)
shall be deducted from the quantity (ies) issued 'to the Contractor for the respective sizes.
Scrap generated for power cable and control cable shall also be returned to Owner's store on
Lot basis.
6.1.5 Material appropriation shall be done & allowable scrap quantity calculated. The wastage
generated by the Contractor in excess of the allowable percentage shall be charged at the
penal rates.
7.1 All coated line pipes as per Line Pipe specifications shall be issued on linear measurement
basis. The line pipes shall be issued in available lengths and shapes and no claim for extra
payment on account of issue of non-standard length and shape will be entertained. Contractor
shall store and maintain the line pipes in proper manner to avoid mixing of different classes of
pipes. Contractor shall maintain complete identification and traceability at all times. All cut
pieces when returned to Owner's storage points after beveling, shall be considered as
serviceable material provided:
7.1.2 Pipe pieces have pipe specifications, manufacturer's logo/name and heat number duly
authenticated with hard stamp of the authorized inspector as per approved procedure.
All cut pieces of pipes measuring less than 2 M will be treated as wastage/scrap.
7.2 For the purpose of accounting of coated line pipes, following allowances shall be permitted:
Scrap shall be accounted at actuals as per site assessment subject to maximum limits as
stated above.
The percentage allowance shall be accounted on the basis of pipe book change for main
pipeline
7.2.1 Material appropriation shall be done & allowable scrap quantity calculated. The wastage
generated by the Contractor in excess of the allowable percentage shall be charged at the
penal rates as given in the contract.
For the purpose of accounting of OFC (Optical Fiber Cable) following allowances shall be
permitted:
a
Unaccountable wastage 0.10%
Material appropriation shall be done & allowable scrap quantity calculated. The wastage
generated by the Contractor in excess of the allowable percentage shall be charged at the
penal rates as given the contract.
Any unplanned jointing required to be carried out by Contractor due to reasons not attributable
to Owner shall be issued from spare quantity, if available with Owner. Such unplanned OFC
Jointing Kits shall be charged from the Contract at penal rates.
APPENDIX- II
SL.
DESCRIPTION NO. OF SHEETS
NO.
1 ADDRESS OF HMEL 1
SL.
DESCRIPTION NO. OF SHEETS
NO.
ACCOUNT NO 30549915568
Branch Code 17313
IFSC Code SBIN0017313
SWIFT Code SBININBB824
MICR Code 110002562
PAN No. (SBI) AAACS8577K
TAN No. DELS55939C
Fax No. 23745508, 23745509
Address Corporate Accounts Group Branch-II,
4th& 5th Floor,
Red Fort Capital Parsvanath Towers,
Bhai Vir Singh Marg, Gole Market,
Near Speed Post Office, New Delhi – 110 001
To,
IN CONSIDERATION OF M/S HPCL – MITTAL ENERGY LIMITED (A Joint Venture Company of M/s
Hindustan Petroleum Corporation Limited and Mittal Energy Investments Pte Limited, Singapore ), a
company registered under the Companies Act. 1956, having its registered office at Village-Phulokhari,
Taluka-Talwandi Saboo,Distt.Bathinda,Punjab-151301 and Corporate office at INOX Towers, Plot No. 17,
Sector 16 A, NOIDA, Uttar Pradesh – 201 301 (hereinafter called “the Company” (hereinafter called the
`Company' which expression shall include its successors in business and assignees) issued a
tender to M/s (Name of Tenderer/Bidder), a partnership firm/sole proprietor/a company
registered under companies act ,1956, having its Head Office / Registered Office at (hereinafter called the
`Tenderer' which expression shall include its successors in business and assignees) for
the work of______________ (name of work and bidding document No.) upon the Tenderer furnishing
an undertaking from any Bank as hereinafter appearing in lieu of Bank draft towards Earnest Money.
We,_________, a body registered/constituted under the laws of _________ Head Office/Registered Office
at _________ having its _______and with issue branch at ___ (hereinafter called the `Bank' which
expression shall include its successor and assignees so as to bind ourselves, our successors and
assignees) do hereby undertake to pay the Company forthwith on demand without protest or demur and
without proof or condition the sum of Rs____ ( rupees____________) payable by the Tenderer as by
way of Earnest Money to the Company
PROVIDED ALWAYS that our liability hereunder shall on no account exceed Rs.______ (Rupees
________only).
1. This Guarantee/Undertaking shall be valid for all claims or demands made by the Company on the
Bank up to and until mid-night of ___________ 20 ____, (validity period) provided that if the aforesaid
work tendered for or any part thereof shall be awarded to the Tenderer on or before the said date,
whether on the basis of accompanying tender or on any other basis, then the validity of this guarantee
/ undertakings shall stand automatically extended for all claims and demands made by the
Company up to until mid-night of _________ 20----.
2. The guarantee/undertaking shall be extended for all claims and demands by issuing amendment to
this effect on stamp paper of appropriate value, in the event of extension of bid validity period by the
Company.
3. The Company will have the fullest liberty without reference to the Bank and without affecting in any
way the liability of the Bank under this Guarantee/undertaking at any time and/or from time to time
otherwise to postpone and/or vary the exercise of any of the powers, rights, and obligations
conferred on the Company under the tender and/or under any contract consequent upon the award
of work and to enforce or to forbear from enforcing any power, right or obligation or to do any
other act which under law relating to the sureties could, but for this provision have the effect of
releasing the Bank from all or any of its obligations hereunder.
4. It shall not be necessary for the Company to proceed against the Tenderer before proceeding
against the Bank and the guarantee/undertaking herein contained shall be enforceable against the
Bank as Principal debtor notwithstanding the existence of any other security, for any
indebtedness of the Tenderer to the Company and notwithstanding that any such security shall at the
time when claim is made against the Bank or proceedings taken against the Bank hereunder, be
outstanding or unrealized.
5. The amount stated by the Company in any demand, claim, or notice, as the unpaid balance of the said
Earnest Money for the time being shall as between the Bank and the Company for the
purpose of these presents be conclusive of the said balance.
6. The liability of the Bank to the Company under this guarantee/undertaking shall remain in full force
and effect notwithstanding the existence of any difference or dispute between the Tenderer and the
Company, or otherwise howsoever attached or effecting these presents or the liability of the Tenderer
to the Company, and notwithstanding the existence of any instructions or purported instructions by the
Tenderer or any other person to the Bank not to pay or for any cause to withhold or defer payment
to the Company under these presents, with the intent that notwithstanding the existing of
such difference, dispute or instructions, the Bank shall be and remain liable to make payment to the
Company in terms hereof.
8. This Guarantee/undertaking shall remain valid up to ----------(Date) for a maximum account of Rs. ------
----- (Rupees _____________ only).
9. The Bank doth hereby declare that Shri. ___________whois authorized to sign this
guarantee/undertaking on behalf of the Bank and to bind the Bank thereby.
In witness whereof, the Bank has executed this document at this _______ day of_______ 20____.
Signature: ____________________
Name: ---------------------------------
Designation: -------------------------------
WITNESSES:
1. SIGNATURE : ---------------------------
NAME : --------------------------
DESIGNATION : ---------------------------
2. SIGNATURE : ---------------------------
NAME : ---------------------------
DESIGNATION : ---------------------------
To,
In consideration of M/s. HPCL-MITTAL ENERGY LIMITED (A Joint Venture Company of M/s Hindustan
Petroleum Corporation Limited and Mittal Energy Investments Pte Limited, Singapore) (hereinafter called
“the Company” which expression shall include its successors and assigns), a company registered under the
Companies Act 1956, having its registered office at Village – Phulokhari, Taluka – Talwandi Saboo, Dist.
Bathinda, Punjab – 151 301 and Project Office at INOX Towers, Plot No # 17, Sector 16 A, NOIDA, Uttar
Pradesh – 201 301 having placed order on Messrs ………………………….a partnership firm/sole
proprietor/a Company registered under the Companies Act, 1956 having its office
at………………………………………..(hereinafter called “the Supplier” which expression shall include its
successors and assigns) vide Purchase Order No………………………..dated ………(hereinafter called “the
Order” which expression shall include any amendments/alterations thereto as issued by “ the Company “ )
for the supply of goods/to the execution of Services for “ the Company “ and having agreed to pay the
supplier as and by way of advance upto a sum of Rs. ……../- (Rupees………………..only) being ….% of the
value of “the Order”
In terms of “the order” on production of an acceptable Bank Guarantee for an amount of Rs.
……../- (Rupees………………..only)
2. We, the .................................... Bank , having office at ............................... further agree that “the
Company” shall be sole judge whether the said “Supplier/Contractor” has committed breach of any
of 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 Company” on account
thereof and we waive in favour of “the Company” all rights and defenses to which we as guarantors
and /or “the Supplier” may be entitled too.
4. We, the .............................. Bank further agree that the guarantee herein contained shall remain in
full force and continue to have full effect so long as the said amount remain unadjusted.
5. We, the..................................... Bank , further agree with “the Company” that “the Company” shall
have the fullest liberty without any consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said “Order” or to extended time of
performance by “the Supplier/Contractor” from time to time or to postpone for any time or from time
to time any of the powers exercisable by the “the Company” against “the Supplier/Contractor” and
to forbear to enforce any of the terms & conditions relating to “the Order“ and we shall not be
relieved from our liability by reason of any such variation or extensions being granted to “the
Company” or for any forbearance, act or omission on “the Supplier/Contractor” or any such matter
or things, whatsoever which under the law relating to sureties would ,but for this provisions have the
effect of relieving us.
b. This Bank guarantee shall be valid upto and including ................................; and
c. We are liable to pay the guarantee amount or any part thereof under this Bank guarantee
only and only if you serve upon as a written claim or demand on or before the expiry of 90
days from the date of expiry of guarantee.
8. This guarantee shall not be determined or affected by the liquidation or winding up, 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.
9. “The Bank” has power to issue this guarantor in favour of “the Company” in terms of the documents
and/or the agreement/contract or MOU entered into between “the Supplier/Contractor” and “the
Bank” in this regard.
Signature : ------------------------------
Name : ------------------------------
Designation : ------------------------------
Name of the Branch: -----------------------------
WITNESSES:
1. SIGNATURE : -------------------------
NAME : -------------------------
DESIGNATION : -------------------------
2. SIGNATURE : ------------------------
NAME : ------------------------
DESIGNATION : ------------------------
To,
IN CONSIDERATION OF M/S HPCL – MITTAL ENERGY LIMITED (A Joint Venture Company of M/s
Hindustan Petroleum Corporation Limited and Mittal Energy Investments Pte Limited, Singapore ), a
company registered under the Companies Act. 1956, having its registered office at Village- Phulokhari,
Taluka-Talwandi Saboo, Distt. Bathinda, Punjab-151301 and Corporate office at INOX Towers,
Plot No. 17, Sector 16 A, NOIDA, Uttar Pradesh – 201 301 (hereinafter called “the Company” (which
expression shall include its successor in business and assignees) having placed an order on M/s ------------
----------- a partnership firm/sole proprietor business/ a company registered under the Companies
Act, 1956 having its registered office at _________________________________ (complete address)
(hereinafter called “the Contractor” (which expression shall include executors, administrators and
assignees) vide work order No____________ dated (hereinafter referred to as “the Contract”
which expression shall include any amendments/ alterations to “the Contract” issued by “the company”) for
the supply of goods to / execution of services for the Company and the Company having agreed :
a) Not to insist upon immediate payment of security deposit for the fulfillment and performance of
the Contract
b) To pay the Contractor as and by way of an advance upon a sum of Rs. ---------------- (Rupees -
------------------------------- only) being -----------% of the value of the Contract
c) that the Contractor shall furnish a security for the performance of the Contractor’s obligations
and/or discharge of the Contractor’s liability in connection with the Contract and the Company
having agreed with the Contractor to accept a Composite Bank Guarantee for security
deposit/Retention money/ performance guarantee.
2. We, __________________________ Bank further agree that the Company shall be ht e sole
judge whether the Contractor has failed to perform or fulfill the Contract in terms thereof or
committed breach of any terms and conditions of the Contract and the extent of loss, damage, costs,
charges and expenses suffered or incurred or would be suffered or incurred by the Company
on account thereof and the Bank waive in the favour of the Company all the rights and defenses to
which the Bank as guarantors and/or the Contractor may be entitled to.
3. We, _______________Bank further agree that the amount demanded by the Company as such shall
be final and binding upon the Bank as to the Bank’s liability to pay and the amount demanded and the
Bank undertake to pay the Company the amount so demanded on first demand and without any demur
notwithstanding any dispute raised by the Contractor 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 Company that the Company 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 Contract and/or to extend time of performance by the Contractor
from time to time or to postpone from time to time any of the powers exercisable by the Company
against the Contractor and to forbear to enforce any of the terms and conditions relating to the
Contract and the Bank shall not be relieved from its liability by reason of any such variation or
extension being granted to the Contractor or for any forbearance, act or omission on the part of the
Company or any indulgence by the Company to the Contractor 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 the Bank.
5. However, it has been agreed between the Contractor and the Company that there shall be only one
Composite Bank Guarantee security deposit/ performance guarantee/ Retention Money @--------% valid
till the end of the defects liability period as per the terms and conditions of the Contract and that in
proportion with the recovery @ --------% from each running account 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 Rs._____________ is fully
recovered from the running account bills and from the date of full recovery of the Rs._______ this
guarantee shall stand valid towards the--------% Retention money/ defect liability and shall remain
valid in all respects up to a further period of six months beyond the defect liability period, as per
the terms & conditions of the Contract.
(i) Our liability under this Guarantee shall notexceed Rs.------------------- (Rupees_________only).
(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 before the expiry of 30 days from the date of
expiry of this guarantee.
7. We, -------------------------- Bank further undertake not to revoke this guarantee during its currency except
with the previous consent of the Company in writing.
8. We, --------------------- Bank lastly agree that the Bank’s liability under thisguarantee shall not be
determined, affected by the liquidation or winding up, dissolution or change of constitution or
insolvency of the Contractor but shall in all respects and for all purposes be binding and
operative until all claims by the Company with respect to the Contractual liabilities of the
Contractor are settled.
9. We, --------------------Bank has power to issue this guarantee in favor of the Company in terms of the
documents and/or the Agreement/Contract or MOU entered into between the Contractor and the
Bank in this regard.
In witness whereof, the Bank has executed this document at this ---------------- day of____ 20____.
Signature : ------------------------------
Name : -----------------------------
Designation : -----------------------------
Name of the Branch: -----------------------------
WITNESSES:
1. SIGNATURE : -------------------------
NAME : ------------------------
DESIGNATION : ------------------------
2. SIGNATURE : -----------------------
To,
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, (herein after, 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”
AND WHEREAS it has been agreed that the Indemnifier will be responsible and sole custodian of the said
material, which will be kept, stored, altered, worked upon and/or incorporated in the permanent work at
the sole risk and expenses of the Indemnifier.
AND WHEREAS as a pre-condition to the supply of the said material to the Indemnifier by the
Indemnified, the Indemnifier has to furnish to the Indemnified an Indemnity Bond (hereinafter shall be
referred to as “this Indemnity”) in the manner and upon terms and conditions hereinafter indicated.
1. This Indemnity shall remain valid and irrevocable until the settlement of all claims of the
Indemnified with respect to the supply of the said material.
2. This Indemnity shall be in addition to any other Indemnity, Guarantee or Security whatsoever that
the Indemnified may now or any time otherwise have relation to the Indemnifier’s obligations/liabilities
under and/or in connection with the Contract inclusive of the said material and the Indemnified shall
have full authority to take recourse to or enforce this Indemnity 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 under the Indemnity.
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 Contract inclusive of the said material and to
vary the terms vis-à-vis the Indemnifier of the Contract or to grant time extension and/or indulgence to
the Indemnifier or to reduce or to increase or otherwise vary theprices 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 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 Indemnified and no such dealing(s), variation(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 any
way prejudicing rights of the Indemnified against the Indemnifier 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 anyway 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 work(s) incorporating the said material
and delivery at work site thereof shall as between the Indemnifier and the Indemnified be
conclusive of the fact that 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
work(s) and delivery to work 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 the said material and the said
costs and expenses as also of the amount liable to be paid by the Indemnifier to the
Indemnified in terms and for the purpose of, without necessity for the Indemnified to produce
any voucher, bill or other documentation or evidence whatsoever in support thereof.
7. The Indemnifier has the power to issue this Indemnity in favour of the Indemnified in terms of this
Indemnity as per the power of attorney dated .
IN WITNESS whereof the Indemnifier has executed this document on this ------ day of 20__.
______________________________________
(FOR & ON BEHALF OF the Indemnifier)
(Signature of a person authorized to sign on
Behalf of “the Indemnifier”)
WITNESSES
1. SIGNATURE : -------------------------------
NAME : ------------------------------
DESIGNATION : ------------------------------
2. SIGNATURE : -----------------------------
NAME : -----------------------------
DESIGNATION : -----------------------------
BETWEEN:
(1) HPCL-Mittal Energy Limited (HMEL), A Joint Venture Company of M/s Hindustan Petroleum
Corporation Limited and Mittal Energy Investments Pte Limited, Singapore ), a company registered
under the Companies Act. 1956, having its registered office at Village-Phulokhari, Taluka-Talwandi
Saboo,Distt.Bathinda,Punjab-151301 and Corporate office at INOX Towers, Plot No. 17, Sector 16 A,
NOIDA, Uttar Pradesh – 201 301 (“the Owner”); and
(2) [ ] of [ ](“the Contractor”) which expression shall include its successors and permitted assignees.
Each a “Party” and together “the Parties”
WHEREAS:
(A) The Owner desires to have designed and constructed the Guru Gobind Singh Polymer Addition Project
(“the Project”) at Bathinda, Punjab.
(B) The Contractor is in the business of providing, inter alia, design, engineering, procurement,
construction, start-up, commissioning, testing and related goods, works and services and technologies.
(C) The Owner and the Contractor have agreed that the Contractor shall carry out the Works as described
in this Agreement on the terms and conditions set out in this Agreement and in accordance with the
annexures annexed to this Agreement involving inter alia the design and detailed engineering
procurement, supply, fabrication, construction, transportation, installation, erection, testing, pre-
commissioning, performance of guarantee tests and commissioning for the Project.
1 In this Form of Agreement/ Contract Agreement words and expressions shall have the same meanings
as are respectively assigned to them in the General Conditions of Contract and Special
Conditions of Contract.
2 It is expressly agreed and confirmed by the Parties that the Contractor will carry out and complete the
Works in accordance with the terms and conditions of this Agreement for payment of the Lump Sum
Price (which as defined in this Agreement includes any adjustment made in accordance with the terms
and conditions of this Agreement).
3 It is expressly agreed and confirmed by the Parties that the estimated contract value is the only
payment that shall be made to the Contractor for carrying out and completing the Works.
4 It is expressly agreed and confirmed by the Parties that despite any provision or words in this
Agreement that might suggest to the contrary the Contractor shall provide all that is necessary to carry
out and complete the Works in accordance with this Agreement and that no adjustment shall be made
to the estimated contract value other than for a Change in accordance with the provisions of this
Agreement.
5 It is expressly agreed and confirmed by the Parties that there will be no Changes to the Works except
by way of Change Order as set out in this Agreement.
6 The following documents and their attachments (if any) shall form the contract between the Owner and
the Contractor and the term “Agreement” shall in all such documents be construed accordingly.
7 This Agreement constitutes the entire agreement between the Owner and the Contractor with respect to
the execution and completion of the Works and supersedes all prior negotiations, representations or
agreements relating to the execution and completion of the Works by the Contractor, whether written or
oral, which shall have no effect except to the extent they are expressly incorporated into the
Agreement.
8 Any dispute arising out of, under or in connection with this Agreement shall be resolved in accordance
with the General Conditions of Contract.
9 This Agreement may be executed in any number of counterparts which when executed and delivered
shall be an original but all of which when taken together shall constitute a single instrument.
10 The various provisions and sub-provisions of this Agreement are severable and if any provision, sub-
provision or other identifiable part is held to unenforceable by any court of competent jurisdiction then
such unenforceability shall not affect the enforceability of the remaining provisions, sub-provisions or
identifiable parts of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and
year first before written in accordance with the laws of the Republic of India.
Signature : --------------------------------
Name : --------------------------------
Designation : --------------------------------
Place : --------------------------------
Date : --------------------------------
Witness
1.
2.
Signature : --------------------------------
Name : --------------------------------
Designation : --------------------------------
Place : --------------------------------
Date : --------------------------------
Witness
1.
2.
APPENDIX- III
1.1 Statutory Requirements
Contractor shall ensure that all the Labour Laws applicable including the below listed laws, but not
limited to, to be strictly followed and necessary records to be maintained at work Location.
2 Latrine accommodation One for 25 upto 100 & one for every 50 thereafter (Separately
for male and female)
3 Urinal accommodation 1 urinal for every 50 workers upto the first 500 employed and
one for every 100 thereafter.
4 First aid appliances One equipped first aid box per 50 persons
5 Rest room/shelter/lunch Contractors need to provide Rest Room / Shelter / Lunch Room
for the Manpower deployed at site, with adequate sitting
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If in case contractor fails to comply with any of the above mentioned requirement, HMEL HL Deptt.
is authorized to impose heavy penalty and the same will be deducted from contractor’s bill. HL
Deptt. Of HMEL is authorized to hold the gate passes of contract labour till the compliances are not
done by the Contractor.
Each contractor is to sign “HMEL Labour Laws Compliance Requirements from Contractors”
Checklist as given in Appendix A,along with signing the Contractand ensure that all the
requirements given in the Checklist should be met during the entire period of Contract.
Each Contractor is to submit “Monthly Statutory Compliances Checklist cum Self Declaration
by Contractor” duly signed by authorized signatoryas given in Appendix Band obtain the
th
clearance from HL department, on or before every 10 of consecutive month and submit with
monthly bill to the concern HMEL In-charge for the job.
Each contractor to submit the complete information at the time of expiry of Contract in the format as
given in Appendix C,Complete Details to be furnished from the inception of contract.
Each contractor to ensure that all the formalities as Listed in Appendix Dto be completed before
the Closure of labour License & submitting Final Bill for Processing.
Contractor to obtain a LabourLicense from appropriate Labour Department and should ensure that
at no point of time, its labour should increase the capacity of validLabour License.
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APPENDIX A
Name of Contractor
Form V, Application duly forwarded through Concerned Department to be forwarded to HL along with details
1
as given in Form V Checklist to apply for Labour License if Labour Deployment will be 20 or more than 20.
Following Registers / Documents to be Maintained at GGSR (HMEL) for all the Labour including Sub
Contracted / Petty Contracted / Labour Supply
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3 Site specific PF challan / Copyof ECR for employees deployed at GGSR (HMEL)only.
4 PF Inspection Book
5 Issuance of Annual PF Slip to each Employee
(AuthorizedSignatory)
Contractor Name
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APPENDIX B
Name of Contractor
Yes / No
Wages Register (Form XVII) has been updated for all Number of Persons :
the labourers working at Specific Site and is duly Total Man-days :
witnessed by HMEL Representative – Copy Attached Total Wages :
Date of Payment :
Yes / No
Register of Overtime (Form XXIII) has been updated Number of Persons
for all Workmen working at GGSR (HMEL) Total Overtime Hours
Total Overtime Wages
Format No. HL -1
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We are issuing :
Wage Slip to each Workmen (Form XIX)
Service certificate to Workmen at the time of their
leaving service
PF Code No.
Number of Employees Covered under PF ( Including
Sub / Petty Contracted ) deployed at GGSR (HMEL)
only
Number of Exempted Employee deployed at GGSR
3
(HMEL)site only
PF Amount Deposited for Employees deployed at
GGSR (HMEL), Site specific copy PF Challan (Copy
attached) and ECR.
We are also maintaining below documents:
Nomination/ Declaration(Form 2) for each employee
Yes / No
Annual PF Slip to each employee
PF Inspection Book
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Yes / No
First Aid Facility; 1 box for every 50 Nos.
No. of First Aid Boxes
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Appendix C
Name of Contractor
Nature of Job
LabourLicense No.
Total Man-days
Number of PF Exempted
Employees
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Appendix D
Authorized Signatory
( Contractor Name )
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Appendix - E
Following process to be followed for getting Gate Pass for contract labouratGGSR. In order to expedite the
gate pass process, team members from Medical, Safety, HL& Security are available at Labour Welfare
Centre.
Step 1- Medical
A Pre-employment Health check-up is done by GGSR Medical officer, if person is medically fit, then he
can proceed for next step..
Session 1:- In English For engineers, managers, Safety personnel, licensor, vendors. This is a one
hour session and if these persons are applying for their permanent entry pass for the refinery then they
will also have to attend the One & Half day Fire & Safety Training within the first two weeks of joining.
Session 2:- In Hindi for workers, Supervisors or persons who can’t understand English. It will include a
15 minute HL briefing.
Parallel with Step 2 (Second session) Contractor representative will take clearance from HMEL HL
department for statutory compliance with submission of prior Documents produced by contractor plus
the following Documents
• Medical Fitness Certificate(Copy)
• Entry In employment Register (Original Register to be produced for verification)
• Employment Card
• Workmen Compensation olicy
• Personal Details Form
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- Temporary Gate Entry will be done only with approval from AGM HL / Manager HL / Factory
Manager / Person authorized by COO.
- In-Out Access of Temporary Contract labour will be controlled by Security Team based on HL
Approval. However the record of temporary gate passes issued is also to be maintained by Security
Team.
Extension of Gate Passes to be approved by Concerned HMEL In-charge & HL. Security Team will
accordingly renew the gate pass.Medical & Safety induction is valid for six months; worker will undergo
medical & safety induction (if it is not valid at the time of renewal of gate passes.)
In case of Loss of Gate Pass, a copy of FIR to be submitted to Securitydepartment for reissuance of gate
pass.
HMEL will maintain Contractor Wise record of Gate Passes Issued to Contractual labour and will not issue
the Gate Passes beyond the Capacity of Labour license.
Contractor has to update the gate pass records,submit information regarding cancelled gate passes (copy of
FIR,in case of absconding / lost cases) to be submitted to Security Team.
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Annexure F
……………………………………..………………………………………………………
(Executed at least One Contract of 60% of estimated value of proposed work to be sub-
contracted)
(Not less than 125% of estimated value of proposed work to be sub – contractor)
iv) Labour License taken for other Jobs Executed ( Proposed Sub Contractor )
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i) Contract Value of similar work Executed ( as evidenced by work :Order & Completion
Certificate) During the last 10 years
ii) Maximum Annual Turnover during Last 3 (three) years (as evidenced By Balance
sheets)
iii) Status PF Inspection Reports and Annual Returns of Last 3-5 Years
Note: Contractor to fill all the details in the above Performa. Further Contractor shall also fill-in
the details at SL. No.5 above based on the estimated value of the proposed work to be
subcontracted.
( H.O.D ) ( HL )
Format No. HL -1
SPECIAL CONDITIONS
OF CONTRACT
Rev 1 Page 1 of 14
SPECIAL CONDITIONS
OF CONTRACT
TABLE OF CONTENTS
1.0 INTRODUCTION ..................................................................................................................... 3
13.0 GENERAL REQUIREMENTS FOR RADIOGRAPHY & OTHER NDT FOR MECHANICAL /
COMPOSITE ITEM RATE CONTRACTS............................................................................ 11
Rev 1 Page 2 of 14
SPECIAL CONDITIONS
OF CONTRACT
1.0 INTRODUCTION
1.1 These Special Conditions of Contract shall be read in conjunction with the General Conditions
of Contract, specifications of work, drawings and any other document forming part of this
contract wherever the context so requires.
1.2 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 Where any portion of the GCC 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 GCC only to the
extent that such repugnancy of variations in the Special Conditions of Contract are not
possible of being reconciled with the provisions of GCC.
1.4 In the absence of any Specifications covering any material, design or work(s) the same shall
be performed/supplied/executed in accordance with standard Engg. Practice as per the
instructions/directions of the Engineer-in-Charge, which will be binding on the CONTRACTOR.
The Site is located at Guru Gobind Singh Refinery in Bathinda District of Punjab State (India).
3.1 The work shall be executed strictly as per Time for Completion given in Annexure- I to SCC.
4.1 The scope of work in general includes scope of work specified in various Technical
Specifications provided in Technical portion of the bidding document and Schedule of Rates
(SOR) enclosed in the Bidding Document. Further, it includes any other work not specifically
mentioned but required to complete the work as per specifications, drawings and instructions
of Engineer-in-Charge.
4.2 Scope of work shall be read in conjunction with item description of Schedule of Rates and
Contractor's scope shall include all activities of work specified in the item description of
Schedule of Rates.
4.3 Rates shall include all cost for the performance of the item considering all parts of the Bidding
Document. In case any activity though specifically not covered in description of item under
‘Schedule of Rates' but is required to complete the work which could be reasonably implied/
informed 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.
4.4 The scope of supply is as mentioned in Job Specifications/ Technical Specifications, Schedule
of Rates etc. of Bidding Document. All materials, equipment, labour & consumables required
for successful completion of work as per the description of item in Schedule of Rates shall be
supplied by the Contractor and the cost of such supply shall be deemed to be included in the
Rev 1 Page 3 of 14
SPECIAL CONDITIONS
OF CONTRACT
quoted rates without any additional liability on the part of HMEL except for the material
specifically covered under HMEL's Scope of Supply.
5.1 The basis and terms of payments for various items of schedule of rate, for making "On
Account Payments" shall be as set out in Annexure- II to SCC.
5.2 For all payment purposes, measurement shall be as set out in Annexure- III to SCC.
Contractor shall submit the following documents along with the monthly invoices:
Copies of challans/ receipt of payments of contributions for their employees to the Authorities
Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 and the Employees’
State Insurance Act, 1948 prescribed under the said Acts such payments along with the list
showing persons employed together with emoluments paid for the purpose of provident fund
deductions shall be submitted to HMEL before the end of every calendar months.
5.4 Undertaking by the Contractor regarding compliance of all statutes.
5.5 Certificate by the Contractor stating labour have been paid not less than minimum wages (as
applicable).
6.0 TAXES AND DUTIES
6.1 Import Duties, i.e., Basic Customs Duty including Edu. Cess and IGST on imported materials.
6.1.1 Quoted price shall be inclusive of Custom duty (merit rate of custom duty to be
considered) including Educational Cess) and IGST on Imported Goods except IGST on
imported capital goods sold & supplied to HMEL and consigned to HMEL against which input
Credit shall be available to HMEL. IGST on imported capital goods sold & supplied to HMEL
and consigned to HMEL against which input Credit available to HMEL shall not be included in
the quoted prices and shall not be considered for evaluation.
Bidder shall provide all the documents necessary including but not limited to the original Bill of
Entry or copy of Bill of Entry duly attested by custom authority for availing input credit on IGST
by HMEL. These creditable taxes & duties shall be reimbursed at actuals, to the extent of the
creditable documents/ Bill of Entry, as above furnished by Contractor.
6.1.2 The customs duty on the imported items shall be to the account of the Contractor and the
Contractor shall be responsible for the timely payment of the customs duties to the relevant
Government Authorities.
6.1.3 All harbour dues, pilotage fees, port fees, wharf fees, unloading costs incurred in India in
respect of any imported goods shall be to Contractor’s account. The Contractor shall be fully
responsible for Port and Custom Clearance including stevedoring, handling, unloading and
storage and for satisfying all port and customs formalities for the clearance of goods, including
preparation of (Bill(s) of Entry and other documents required for import and /or clearance of
the goods. The CONTRACTOR shall be also be fully responsible for any delays, penalties,
demurrages, shortages and other charges and losses, if any, in this regard.
Rev 1 Page 4 of 14
SPECIAL CONDITIONS
OF CONTRACT
The owner will not bear any liability towards payment of Safeguard Duty, Anti Dumping Duty,
Protective Duty on subsidized articles or any other such duties of customs imposed by the
Government under Customs imposed by the Government under Customs Tariff Act 1975
applicable on import of any materials to India for the subject work. Therefore, the Bidders are
expected to source such materials required for the execution of work only from domestic
producers in India
6.1.4 The Contractor shall be responsible for, and shall exercise due diligence in properly
classifying the Goods, undertaking the payment of customs duties, and/ or otherwise
complying with all Applicable Laws with respect to any import of the Goods. In case HMEL is
exposed to any penal action (interest and/ or penalties) by the customs Authorities for
incorrect declaration and/ or valuation of the Goods by the Contractor, or otherwise on
account of any breach of Applicable Laws in the course of the import of the Goods, the
Contractor shall indemnify and hold HMEL harmless for any and all costs, expenses or losses
suffered or incurred by HMEL in this regard.
6.2.1 The Contractor shall be exclusively responsible and liable for all direct Taxes, including
income tax, profession tax and wealth tax on any payments arising out of the Contract,
whether payable in India or in any other jurisdiction.
Contractor shall indemnify company against any and all liabilities or claims arising out of this
contract for such taxes including interest and penalty which any such tax authority may assess
or levy against the HMEL.
Tax shall be deducted at source by HMEL from all sums due to Contractor in accordance with
the provisions of the Income Tax Act, as in force at the relevant point of time.
HMEL shall issue a Tax deduction or withholding certificate to the Contractor evidencing the
Tax deducted or withheld and deposited by HMEL on payments made to the Contractor to
enable the Contractor to claim the credit of the Tax deducted or withheld by HMEL.
6.2.3 For Foreign Contractor
Withholding tax/ tax deductible at source is applicable to all payments to be made to the
Contractor. Withholding/ deduction is required to be made at the rates specified in the Indian
Income Tax Act as varied by the provisions of any applicable double taxation avoidance treaty
Rev 1 Page 5 of 14
SPECIAL CONDITIONS
OF CONTRACT
between India and the country of citizenship of a foreign Contractor. The Indian Income Tax
contains provisions permitting deduction of tax at a lesser rate if the Contractor is able to
justify to the Income Tax Authorities such lesser rate of deduction. A deduction once made
has to be deposited by the HMEL with the Income Tax Authorities in India and will not be
adjustable by the HMEL. It is therefore in the interest of the Contractor that prior to release of
any payment due to the Contractor under the Contract that the Contractor furnishes the
documents listed in clause below, failing which, payment to the Contractor shall be made by
the HMEL subject to the withholding/ deduction at full rates aforesaid.
Quoted prices of foreign bidders shall be gross of income tax, i.e., inclusive of Income Tax at
the applicable prevailing rate as per Indian Income Tax rules. HMEL shall deduct at source the
tax while making payments against each invoice for services. Certificate for Tax Deducted at
Source (TDS) shall be provided to the bidder.
It is mandatory for the foreign bidder to furnish the following information in case his receipts
are subject to tax deduction at source in India:
Permanent Account Number (PAN) as per Indian Income Tax requirement. In the case
of non-residents not having permanent account number (PAN), bidder shall
furnish the following information / documents:
4. Tax Identification Number / unique number of the deductee in the country of his
residence.
TRC containing prescribed particulars from the Government of foreign country in order
to claim the benefits of DTAA as per the Indian Income Tax requirements failing which
the relief under DTAA will not be available and consequently the higher rate of
withholding tax will be applicable and deducted from the payment made to
supplier/contractor/consultant (i.e., non-resident taxpayer). The TRC shall be duly
verified by the Government of the country of which the assessee claims to be a resident
for the purposes of tax.
In additional to TRC, bidder in order to claim the benefits of DTAA shall also submit
additional information in form no. 10F. Form 10F has to be signed & verified by the
assessee himself.
Rev 1 Page 6 of 14
SPECIAL CONDITIONS
OF CONTRACT
If some information is already contained in TRC, the bidder shall not be required to
provide that information in Form no. 10F but even then Form no. 10F is required to be
provided by the bidder.
However, the bidder may write Not Applicable in the relevant column in case that
information is already contained in TRC.
The above shall be furnished before release of any payment or within one month of the
release of Order, whichever is earlier.
Failing submission of the above information, any additional tax liability on purchaser, will
be deducted from the payment due to the supplier.
All payments made under this Agreement shall be free and clear to any and all taxes,
duties, levies, fees or other similar charges in buyer’s country except for withholding
taxes. Where any sum due to be paid to supplier hereunder is subject to any
withholding tax, the Parties shall Use commercially reasonable efforts to do all such
acts and things and to sign all such documents as will enable them to take advantage
of any applicable double taxation agreement or treaty or Tax Law of the concerned
country.
As per Indian Income Tax Law in absence of any business connection of permanent
establishment (‘PE’) of supplier in India or if the subject transaction/ agreement
(DTAA) between the Government of the Republic of India and the Government of the
supplier’s country of residence.
To establish that supplier doesn’t have any permanent establishment in India or
supplier’s permanent establishment in India is not connected with the agreement we
require certification form the supplier to this effect (No-PE Certificate). As per Indian
Income Tax submission of a Tax residency certificate (TRC) along with Form-10-F is a
necessary condition for claiming benefits of Double Taxation Avoidance Agreements.
Therefore supplier will submit Tax residency certificate agreed obtaining from
concerned revenue authority having jurisdiction over supplier in his country of
residence along with from 10F, to take advantage of applicable double taxation
agreement or treaty.
Statutory variations on non-creditable taxes & duties including but not limited to personal,
corporate and fringe benefit tax shall be to Contractor’s account.
Rev 1 Page 7 of 14
SPECIAL CONDITIONS
OF CONTRACT
However, in case of delay attributable to Contractor, any new or additional taxes and duties
imposed after Time for Completion, as above, shall be to Contractor’s account.
6.5 ANY OTHER TAXES AND DUTIES AND OTHER LEVIES
Except as herein specified above, the Contractor shall be liable for and shall pay any and all
Indian fees, cesses, taxes, duties and levies assessable against Contractor in respect of or
pursuance to the Contract.
6.6 TAXES, DUTIES AND LEVIES IN FOREIGN COUNTRIES
The CONTRACTOR shall accept full and exclusive liability at his own cost for the payment of
any and all taxes, duties, cesses and levies howsoever designated, as are payable to any
government, local or statutory authority in any country other than India as are now in force or
as are hereafter imposed, increased or modified and as are payable by the CONTRACTOR,
his agents, Sub-contractors and Suppliers and its/ their respective employees for or in relation
to the performance of the Contract. The CONTRACTOR shall be deemed to have been fully
informed with respect to all such liabilities and shall further be deemed to have consideration
and included the same in his bid and the Lump sum Price shall not be varied in any way on
this account.
6.7 General
6.7.2 The benefit of any Tax exemption, concessions, rebate or any other incentives available when
the Contractor or its Subcontractors/ vendor of are performing their obligations under the
Contract, shall be passed on to HMEL.
6.7.3 If HMEL is not able to avail the credit of creditable Taxes, partially or entirely because the
Contractor issued a defective invoice or failed to produce the requisite documents, then the
Contractor shall immediately indemnify HMEL for such loss of Tax credit which would be
otherwise available to HMEL. HMEL, in such case, may, in its sole discretion, decide to
recover such loss by way of deduction from payment due to the Contractor or invoking the
Composite Bank Guarantee.
6.7.4 Any error of interpretation of applicability of taxes/ duties by the Contractor shall be to
Contractor’s account.
6.7.5 The classification of goods as per Customs Tariff/GST act should be correctly done by the
Contractor to ensure that Input Credit is not lost to the HMEL on account of any error on the
part of the Contractor.
6.8 GST
6.8.1 The CONTRACTOR will be under the obligation for billing correct rate of
tax/duties as prescribed under the tax laws on the Invoice to OWNER, after availing input tax
credit and pass on the benefit,
Any invoice issue on introduction of GST Law shall contain the following particulars-
(a) Name, address and GSTIN of the supplier of service;
(b) Serial number of the invoice;
Rev 1 Page 8 of 14
SPECIAL CONDITIONS
OF CONTRACT
(j) Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state supply), Union
Territory Tax or cess);
(k) Amount of tax charged in respect of taxable services (Central Tax, State Tax,
Integrated Tax (for inter-state supply), Union Territory Tax or cess);
(l) Place of supply along with the name of State, in case of supply in the course of
inter-state trade or commerce;
(m) Address of the delivery where the same is different from the place of supply and
(n) Signature or digital signature of the supplier or his authorised representative.
6.8.2 Further, detailed tax provisions as per GST regime shall be issued through an amendment if
necessary.
6.8.3 The bidders, under the price schedule has to provide details of all the input taxes considered
separately for each tax head.
7.0 FIRM PRICES/ PRICE ADJUSTMENT
7.1 The quoted price shall remain firm and fixed and valid until completion of the contract and
shall not be subjected to escalation for any reason what so ever, except the statutory variation
in taxes & duties and price adjustment on account of price variation shall be applicable in case
of tender having completion period more than 12 Months as per Annexure- IV to SCC.
8.1 The Contractor shall without prejudice to his overall responsibilities and liabilities to provide
adequate qualified and skilled personnel on the work as per Annexure-V to SCC and shall
deploy site organization and augment the same as decided by the Engineer-in-Charge
depending on the exigencies of work. Qualification and Experience of key construction
personnel shall be as per document no. 7-82-0003 (enclosed as Annexure-VI to SCC). In
addition to this, Contractor shall deploy Safety Supervisors to ensure safer working conditions
at site. In case where the works are Sub-contracted by the main Contractors, Safety
Supervisors are to be provided by the main Contractor.
Rev 1 Page 9 of 14
SPECIAL CONDITIONS
OF CONTRACT
9.1 The Contractor shall adhere to the quality assurance system as per EIL Specification No. 6-
78-0001 enclosed as per Annexure-VII to SCC. After the award of the contract, detailed
quality assurance programme to be followed for the execution of contract shall be submitted
by Contractor.
10.1.1 The Contractor shall mechanise the construction activities to the maximum extent by
deploying all necessary construction equipment/ machinery in adequate numbers and
capacities.
10.1.2 For speedy execution of work, Contractor shall also ensure use of computer software for at
least the following:
(i) Billing
(ii) Planning & Scheduling
(iii) Progress Reporting
(iv) Material Control & Warehousing
(v) Safety Records
(vi) Resource Deployment
(vii) Communication
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 HMEL in this regard shall entertain no claim whatsoever.
The Contractor shall without prejudice to his responsibilities to execute and complete the work
as per the specifications and time for completion, progressively deploy minimum construction
equipment & tools and further augment the same depending on the exigencies of work as per
Annexure-VIII to SCC and as decided by the Engineer-in-Charge so as to suit the
construction schedule within scheduled completion date without any additional cost to HMEL.
The Contractor shall adhere to the requirements for Documentation as per EIL Specification
no. 6-78-002 attached as Annexure- X to SCC.
Rev 1 Page 10 of 14
SPECIAL CONDITIONS
OF CONTRACT
12.1 The contractor shall purchase TMT Bars, Structural Steel and Cement as per the provisions
defined in Annexure- XI to SCC.
13.0 GENERAL REQUIREMENTS FOR RADIOGRAPHY & OTHER NDT FOR MECHANICAL /
COMPOSITE ITEM RATE CONTRACTS
13.1 CONTRACTOR shall appoint radiography/ NDT agency (ies) only after acceptance of such
agency(ies) by OWNER/EIL. However, acceptance of radiography/ NDT agency by
OWNER/EIL shall not absolve the CONTRACTOR of his responsibility to execute radiography
work as per requirements of the Contract.
13.2 CONTRACTOR shall mobilize Radiography/ NDT agency at site along with adequate number
of radiography resources/ NDT equipments & appliances, commensurate with the welding
activity and quantum of Radiography/ NDT work load to avoid delays in Radiography/ NDT
and consequent generation of back log. In the event of generation of back log leading to
Delay/ Holdup of subsequent, activities OWNER/EIL has right to engage additional agency for
carrying out the radiography at the risk and cost of CONTRACTOR including 100% overhead
charge.
13.3 Date and extent of mobilization of radiography/ NDT agency/resources shall be agreed by the
CONTRACTOR and the Engineer-in-Charge at the start of work. Radiography Check Shots
a. To verify that radiographs are being taken on the prescribed / selected welds / spots
only, 5% of already radiographed 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.
b. The CONTRACTOR will be paid for the check shots at the quoted rates if no variation
is found. If mismatch / variation is found in any of the check shot as per para 13.3 a),
CONTRACTOR shall have to take re-radiography of the entire lot represented by
mismatched check shot (a days production or more as decided by Engineer In-
Charge). In such cases, no payment will be made for the check shots as well as the
re-radiography of the entire lot represented by the check shot.
Rev 1 Page 11 of 14
SPECIAL CONDITIONS
OF CONTRACT
14.1.2 The Contractor shall also be responsible to comply with code requirements of International
Standard Organization (ISO), Occupational Safety & Health Administration (OSHA), ISO-
14000 series, American Petroleum Institute (API) RP and other relevant international
practices. In case of conflict between the requirements of the various specifications and/or the
requirements specified in the bid document, the more stringent requirement shall be followed.
15.1 Contractor shall be responsible for organising the lifting of the equipment in the proper
sequence, that orderly progress of the work is ensured and access routes for erecting the
other equipments are kept open.
15.2 Orientation of all foundation, elevations, lengths and disposition of anchor bolts and diameter
of holes in the supports saddles shall be checked by contractor, well in advance. Minor
rectifications including chipping of foundations as the case may be shall be carried out at no
extra cost by the contractor after obtaining prior approval of the Engineer-in-Charge. The
Contractor shall also be provided with the necessary structural drawings and piping layouts
etc., wherever required for reference. During the structural member need to be dismantled, to
facilitate the equipment erection, same shall be done by the contractor after ensuring proper
stability of main structure with prior permission of Engineer-in-Charge. All such dismantled
members shall be put in position back after the completion of equipment erection to
satisfaction of Engineer-in-Charge.
15.3 During the performance of the work the Contractor at his own cost, shall keep structures,
materials and equipment adequately braced by guys, struts or otherwise approved means
which shall be supplied and installed by the Contractor as required till the installation work is
satisfactorily completed. Such guys, shoring, bracing, strutting, planking supports etc. shall
not interfere with the work of other agencies and shall not damage or cause distortion to other
works executed by him or other agencies.
15.4 Manufacturer's recommendations and detailed specifications for the installation of the various
equipment and machines will be passed on to the contractor to the extent available during the
performance of work. The requirements stipulated in these clauses shall be fulfilled by the
Contractor.
15.5 Various tolerances required as marked on the drawings and as per specifications and
instructions of the Engineer-in-Charge, shall be maintained. Verticality shall be maintained.
Verticality shall be verified with the Theodolite.
Rev 1 Page 12 of 14
SPECIAL CONDITIONS
OF CONTRACT
All the erection shall be carried out by Cranes of suitable capacity. Erection by derrick shall
not be permissible. The contractor shall arrange the crane of suitable capacity required for
erection and include cost for same in respective items without any liability on the part of
Owner/Consultant.
Bidder shall submit the indicative erection scheme for compressor/equipment and shall
undertake the erection only after obtaining approval of erection scheme by Engineer-in-
Charge.
Grouting of equipments, anchor bolts, pockets and under base plates shall be carried out as
per technical specifications.
Lifting & Rigging Operation Procedure and Scaffolding standards are attached as Annexure-
XIV to SCC.
16.1 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
specification 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.
16.2 A certificate of verification and good condition in respect of such material shall be issued by
EIL / HMEL and shall accompany the invoice raised for the respective material.
16.3 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 analyzed,
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.
Rev 1 Page 13 of 14
SPECIAL CONDITIONS
OF CONTRACT
16.5 Such certificate in such cases is only intended to satisfy the EIL/ HMEL 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 fulfilment and / or performance or other guarantees.
All identified capital goods, as specified in the technical part of bidding document, brought for
permanent incorporation in site by the contractor shall be inspected by a Third Party
Inspection agency (out of CEIL, LRIS, BVIS) or any other agency defined in the technical
portion of bidding document and the charges for same shall be included in the quoted prices.
The overall limit of the Price Reduction against delay in the aggregate shall be 5% (Five
percent) of the Total Contract Price.
Rev 1 Page 14 of 14
ANNEXURE TO SCC
Page 1 of 2
ANNEXURE TO SCC
Note :
1. The time for completion shall be reckoned from Letter of Acceptance (LOA).
2. The time indicated is for completing all the works in all respects as per scope of work, specifications,
codes, drawings and instructions of Engineer-in-Charge.
3. It should be noted that the period of completion of all works given above includes time required for
mobilisation at site, carrying out the works as per the requirements Contract Document, demobilisation,
preparation of all reports in requisite quantities as mentioned in the Bidding document, rectifications, if
any, rework etc. complete in all respects to the entire satisfaction of Engineer-in-Charge.
(SIGNATURE OF BIDDER)
Page 2 of 2
ANNEXURE TO SCC
TERMS OF PAYMENT
[ANNEXURE - II TO SPECIAL CONDITIONS OF CONTRACT]
Page 1 of 9
ANNEXURE TO SCC
5% (five percent) of awarded contract value shall be Payable as the first instalment of
mobilization advance after fulfilling the following formalities by the Contractor:
Balance 5% (five percent) Mobilisation Advance shall be payable to the Contractor after the
Contractor has constructed a site office, storage shed, fabrication yard, etc. and has
physically mobilised construction equipment and is ready to start the Works to the entire
satisfaction of the Engineer-in-Charge and commencement of work at Site. Where the
Contractor elects to submit 2 (two) separate Mobilization Advance Guarantees, one against
each instalment of the Mobilization Advance, the second instalment of the Mobilization
Advance will be released by HMEL only upon receipt of the second Mobilization Advance
Guarantee.
The Mobilisation Advance, shall be recovered from each Running Bill @ 12% (twelve percent)
of gross amount of each Running Bill in such a manner that the total Mobilization Advance is
recovered by the time approximately 85% (eighty five percent) of the Contract Price is paid to
the Contractor. Balance amount, if any, shall be deducted in full from the pre-final Bill.
Mobilization advance Bank Guarantee will be reduced accordingly on quarterly basis against
the request of the Contractor.
If the Mobilization Advance has not been fully adjusted against the Running Bills within 30
(thirty) days of the expiration of the Time for Completion or pre-final bill whichever is earlier or
immediately prior to termination, the whole of the balance of the Mobilization Advance then
outstanding shall immediately become due and payable by the Contractor to HMEL and
HMEL shall be entitled to call upon the Mobilization Advance Guarantee.
Page 2 of 9
ANNEXURE TO SCC
The Mobilization Advance paid to the Contractor shall be used for execution of this Contract
only and the Contractor shall satisfy HMEL in this regard whenever required. If it is found that
the said advance has been utilized by the Contractor in whole or part for any other purpose,
HMEL may at its discretion forthwith recall the entire advance or such amount thereof as
outstanding and without prejudice to any other right or remedy available to HMEL, recover the
same by recourse to any Bank Guarantee paid as per the provisions specified in SCC.
- 10% on fabrication.
Page 3 of 9
ANNEXURE TO SCC
Page 4 of 9
ANNEXURE TO SCC
Ill.Free Issue
- 05% on finalization of quantity, plan and submission
of fabricat ion drawings
- 50% on transportation from storage yard I stores points
to fabrication yard, fabrication, surface preparation and
application of primer coat.
- 40% on erection, alignment, welding/grouting etc.
05% on completion of all works in all respects
and issuance ofcompletion certificate.
Reinforcement - 05% on issuance of sub-order and submission of
1.5
steel equivalent bank guarantee valid till receipt and
acceptance of material at site plus 03 Months claim period
- 65% on receipt and accepta nce of material at site.
- 25% on cutting, laying and acceptance thereof.
- 05% on completion of all works in all respects and
issuance ofcompletion certificate.
Precast concrete - 60% on completion of casting work duly certified by
1.6
Item/ Block Engineer-in- charge.
Page 5 of 9
ANNEXURE TO SCC
Roofing
Page 6 of 9
ANNEXURE TO SCC
Page 7 of 9
ANNEXURE TO SCC
Ill.Free Issue
- 65% on transportation from storage yard I stores points
to fabrication
yard, fabrication, surface preparation and application of
primer coat.
- 30% on erection, alignment. welding etc.
- 05% on completion of all works in all respects and
issuance of completion certificate.
1.11 Other Civil, - 95% on completion of work as certified in progress bill.
Structural &
Architectural works - 05% on completion of all works in all respects and issuance of
Completion Certificate/Taking over Certificate.
2 ELECTRICAL WORK
2.1 For Supply Items - 10% on issuance of sub-order and submission of equivalent
bank guarantee valid till receipt and acceptance of material at
site plus 03 Months claim period
2.3 For Items involving - 05% on issuance of sub-order and submission of equivalent
both Supply & bank guarantee valid till receipt and acceptance of material at
Erection site plus 03 Months claim period
Page 8 of 9
ANNEXURE TO SCC
4 For Lump sum Rate - 95% on completion of total work in all respects. (For all lumpsum
Item item included in Schedule of Rate, Contractor shall furnish price
breakup for quoted lumpsum prices for the approval of Engineer-in-
Charge. Progressive payment for such items shall be made
accordingly. In this regard decision of Engineer-in-Charge shall be
final and binding to the Contractor.)
NOTE:
1. The above payment terms commensurate with the work executed.
2. The above progress payments are subject to deductions towards income tax and other
deductions as applicable as per terms of the Contract.
3. Withholding Tax at the prevailing rate shall be deducted as per the Indian Income Tax Act.
TDS certificate shall be issued by the Owner.
5. Wherever milestone payment is linked with sub ordering, Engineer-in-Charge shall ensure that
the total quantity against which the payment is released towards supply shall not exceed the
final installed quantity of the item.
6. Wherever milestone payment has been recommended on receipt and acceptance of material,
the same shall be released against “Incoming Material Inspection Report” issued by
EIL/HMEL. Site-in-charge shall release the progressive payment towards supply in such a way
ensuring that the total quantity against which the payment is released towards supply shall not
exceed the final installed quantity of the item.
Page 9 of 9
ANNEXURE TO SCC
MEASUREMENT OF WORK
Page 1 of 8
ANNEXURE TO SCC
MEASUREMENT OF WORK
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 measurement of work specified in this Annexure,
Standard Specification/ Job Specification, Schedule of Rates 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 Rates.
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.
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 KM/M (Metre)/ CM(Centimetre)/ MM (Millimetre)
c) Number No.
d) Volume Cu.M
e) Area Sq.M
1.6 Wherever the unit of items has been indicated as lump sum, the payment shall be made
on lump sum basis after completion of work and mode of measurement shall not be
applicable for such items.
2.0 PIPING AND RELATED WORK
Measurement of above ground and underground piping shall be done in the following
manner:
(i) Measurement for fabrication of pipe shall be done on the basis of Inch. dia (the
nominal diameter of pipe in 'Inches' multiplied by number of weld joints). All
pre‐fabrication work (including transportation of materials to site, fit up, shop weld,
fabrication of spool pieces for erection) as well as all piping welding in situ are
covered in Inch. dia. of fabrication. This shall include all types of BUTT‐welding
e.g. GTAW, SMAW.
Page 2 of 8
ANNEXURE TO SCC
(ii) Payment shall be made based on the unit rate against following diameter range of
pipes and type of welds, under the headings of pipe metallurgy (CS/AS/SS etc.,
separately for IBR/NIBR and thickness upto 10 MM/10‐20 MM/20‐30
MM/30‐40MM etc.).
(a) Butt Welds
Upto 1‐1/2" NB
2" to 6" NB
8" to 14" NB
16" to 24" NB
26" to 36" NB
38" to 48" NB
50" to 60" NB
Above 60" NB
(b) Fillet Welds
Upto 1‐1/2" NB
2" to 6" NB
8"to14"NB
16" to 24" NB
26" to 36" NB
38" to 48" NB
50" to 60" NB
Above 60" NB
(iii) Total welding for slip on flanges shall be accounted as one single joint per flange.
(iv) Seal welds, wherever required shall not be counted under weld joints.
(v) No separate payment shall be made for welding involved in pipe supports.
(vi) Branch welds shall be considered under butt welds
(ii) Payment shall be made based on the unit rate against following diameter range of
pipes:
Upto 1-1/2" NB
2" to 6" NB
8" to 14" NB
16" to 24" NB
26" to 36" NB
38" to 48" NB
50" to 60" NB
Above 60" NB
(iii) 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,
ejectors, eductors, mixers, sight glasses, trays, filters, desuperheaters etc. Length
of all types of valves except socket weld valves upto 1-1/2" shall be excluded in
Page 3 of 8
ANNEXURE TO SCC
this measurement. However, no separate payment for socket weld valves upto 1-
1/2" size shall be made and the quoted rates for piping shall be deemed to include
the same.
REMARKS:
1. Measurement of following items shall be in linear Running meter
basis/Lumpsum basis, as applicable:
i) Clad steel piping
ii) Cement lined piping
iii) Rubber lined piping
iv) Teflon lined piping
v) Plastic piping (HDPE etc.)
vi) Galvanised piping
vii) Jacketed piping
viii) Steam Tracers
ix) Tubing
2.3 The socket weld fittings shall be supplied to the contractor 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.
2.4 The forged tees shall be supplied to the contractor 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. The reinforcement pads shall be measured separately.
2.5 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
couplings, 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.
2.6 Fabrication of spool pieces 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.
2.7 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.
2.8 As regards safety valves, size of valves will be identified by inlet pipe size.
2.9 Reducers will be paid alongwith piping of larger dia- meter except in the case of funnels
where they are welded only to the smaller diameter pipe, for which payment will be made
alongwith piping of such smaller dia.
Page 4 of 8
ANNEXURE TO SCC
2.10 All piping attachments such as couplings, orifice plates, steam traps, strainers, earthing
lugs etc. shall be provided by the Contractor as part of piping erection work and no
separate payment will be made for the same.
2.2 Fabrication of Specials
2.2.1 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 Rates. 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.
2.3 Valves
2.3.1 All types of valves such as gate/ globe / check / plug / needle/ ball/ control/ safety valves/
Gate Valves/ Butterfly valves etc. will be measured and paid on number basis at the rates
given in the Schedule of Rates. 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.
2.4.1 Measurement and payment of fabrication of pipe supports shall be on weight basis.
2.4.2 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.
2.4.3 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.
2.5.1 Measurement and payment for post weld heat treatment shall be on the basis of per
circumferential joint for different diameters of pipes as per the rates quoted. Repeat post
weld heat treatment for repaired joints or otherwise due to Contractor's fault will be carried
out at Contractor's cost.
2.6.1 Measurement and payment for radiography shall be made on the basis of circumferential
joints for different pipe diameter. 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.
2.6.2 Measurement and payment for magnetic particle and dye penetrate test will be on the basis
of weld length tested/ circumferential weld joints as mentioned in schedule of rates.
Page 5 of 8
ANNEXURE TO SCC
2.6.3 The cost of DP/MP test included in item description of piping items such as Fabrication of
Specials, Reinforcement Pads etc. shall be included in the quoted unit rate and no
additional payment for such DP/MP test for such items shall be made. Payment for DP/MP
test shall be made only for such items where DP/MP test is not included in item description.
2.7 The cost for performing Positive Materials Identification (PMI) using alloy analysers including
hiring of such equipment and mobilisation of the same to site shall be included in the unit
rate for all such items of piping where PMI is specified in the item description.
3.1.1 For columns, vessels, reactors, Exchangers, furnaces, ejectors etc., measurement shall be
on square meter basis taken over the painted surface.
3.1.2 For equipment numbering, name, lettering and stencilling (only for Pressure Vessels)
separate payment for letter shall be made as per the rates mentioned in Schedule of Rates.
3.1.3 For pumps, motors and compressors measurement shall be made on number basis.
3.2.1 Payment will be made on linear measurement in 'Metres' corrected to the nearest centimetre.
3.2.2 Piping shall be measured along the centre line through all types of fittings and flanges.
3.2.3 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.
3.2.4 There will be no separate measurements of the colour bands/ identification signs (line
numbering), flow direction etc. on uninsulated and insulated piping, the rates of painting of
linear length of piping shall be inclusive of cost of such works.
3.3.1 Payment for steel structures shall be made on the basis of admissible weight of structure
painted.
3.3.2 Welds, bolts, nuts, washers etc. shall not be measured and paid as rates for painting of
structure are inclusive of painting of such items.
4.1 The measurement for cable laying shall be made on the basis of length actually laid from
lug to lug including length of loops provided.
4.2 The weights mentioned in drawing or shipping list shall be the basis of payment. If
mountings for panels etc. are packed separately, their erection weights shall include all
mountings.
Page 6 of 8
ANNEXURE TO SCC
5.1 The rate for fabrication and erection of steel structure/ plates shall include cost of all
handling and transport, trimming, straightening, edge preparation, preparation and getting
approval of fabrication drawings, providing one coat of red oxide zinc chromate primer,
providing and erecting all scaffoldings, temporary supports, tools and tackles, touch-up of
primer coat, grouting etc. Welds, bolts, nuts, washers etc. shall not be measured. Rates
for structural steel work shall deemed to include the same.
5.2 The quantity for payment will be assessed from the approved fabrication drawings and the
respective bill of materials prepared by the Contractor and approved by EIL/Owner. The
weight of structural materials/plate shall be calculated on the basis of relevant IS code and
handbook. If sections are different from IS sections, then manufacturer's handbook shall
be adopted. No allowance in weights shall be made for rolling tolerance.
The mode of measurement shall be as per the details mentioned in this Annexure.
In case of discrepancy between measurement of work specified in this Annexure, Standard
Specification/ Job Specification, Schedule of Price/Rates etc., precedence shall be given in
following order :
Measurement of works as per this Annexure of SCC.
Measurement of works as mentioned in Standard Specification/Job
Specification.
Measurement of works in accordance with item description of relevant item
mentioned in Schedule of Rates.
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.
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"
drawings, to the extent that the work conforms to the drawings and details are adequate.
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.
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 unit rates quoted.
Wherever the unit of items has been indicated as lumpsum, the payment shall be made on
lumpsum basis on completion & no mode of measurement shall be applicable.
Page 7 of 8
ANNEXURE TO SCC
Piping
Measurement of piping shall be taken/ considered along Curvilinear centre lines of pipe
insulated and through all fittings which are insulated but excluding valves, instruments and
fittings which are insulated measurements shall be considered as under:
a) For all types of valves, including control valves on which removable box has been
provided; payment shall be made per number. This shall be including mating
flanges on both side and proper body of valves/control valves.
b) For all type of flange assembly including orifice plate, payment shall be made on
number basis.
c) For bends, additional measurement equivalent to single length of curvilinear
centre lines of bends shall be added to the respective size of piping.
d) Reducers will be considered with larger diameter.
e) No extra payment shall be made for tees, branch connections and inspection
plugs and the rates quoted shall be inclusive of all these items. Branch
connections shall be measured from the outer surface of the header.
f) No extra payment shall be made for vents, drains and instrument connections
having nozzles length upto 12". However, if the length of such connections
exceeds 300mm the same will be paid as per piping measurement in respective
sizes.
g) For all fittings measurement along curvature centre line shall be considered.
h) Steam/ Refrigerant traced lines and untraced pipelines shall be normally specified
and measured separately Steam/ Refrigerant traced lines shall also be normally
specified and measured separately, according to the number of tracers.
i) For steam/ Refrigerant traced pipelines, which are specified and are measured
separately, only the diameter of the main pipelines (s) shall be reckoned for
measurement of insulation. No separate measurement shall be made for the
insulation of the steam tracer line(s) which shall be deemed to have been covered
under the insulation of the main pipeline.
j) For all fittings measurement along curvature centre line shall be considered.
NOTE:
All other mode of measurements not covered in above clauses shall be measured
in accordance with relevant BIS codes/ Schedule of Rates/ Specifications etc. and/
or as decided by Engineer-in-Charge. The above measurement of works shall not
be applicable for lumpsum items of SOR.
Page 8 of 8
ANNEXURE TO SCC
GURU GOBIND SINGH
POLYMER ADDITION
PROJECT
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[ANNEXURE - IV TO SPECIAL
CONDITIONS OF CONTRACT]
(DELETED)
Page 1 of 1
ANNEXURE TO
SCC
GURU GOBIND SINGH
POLYMER ADDITION
PROJECT
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Page 1 of 2
ANNEXURE TO
SCC
GURU GOBIND SINGH
POLYMER ADDITION
PROJECT
------------------------------------------------------------------------------------------------------------------
1. RCM/ SITE-IN-CHARGE 1
2. LEAD DISCIPLINE ENGINEER
- CIVIL & STRUCTURAL 2
3. LEAD QA/QC ENGINEER 1
4. LEAD PLANNING ENGINEER 1
5. SAFETY OFFICER, SAFETY SUPERVISOR, ETC. AS PER HSE SPEC
(6-82-0001)
6. QUANTITY SURVEYOR 1
7. W/H IN-CHARGE/ MATERIALS MANAGER 1
8. DISCIPLINE ENGINEERS+ SUPERVISORS
- CIVIL & STRUCTURAL 4+8
- MECHANICAL 1+1
- WELDING & NDT 1
- ELECTRICAL 2+4
- PLANNING ENGINEER 1
NOTES
1) Above key construction manpower is required to be deployed by the contractor to complete the work
within schedule. Contractor is required to augment the above list with additional numbers/categories of
personnel as required and directed by 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 & having adequate relevant
experience, as specified in document No. 7-82-0003 enclosed elsewhere in the bidding document. The
other manpower shall also be qualified and experienced with their assigned work.
3) CVs of key persons proposed to be deployed shall be submitted to Owner/Engineer-In-charge prior to
their mobilization at site. The mobilization of key personnel shall be done at site subject to prior approval
of their CVs by Owner/Engineer-In-charge.
Page 2 of 2
ANNEXURE TO
SCC
GURU GOBIND SINGH
POLYMER ADDITION
PROJECT
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Page 1 of 3
ANNEXURE TO
SCC
GURU GOBIND SINGH
POLYMER ADDITION
PROJECT
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NOTES :
1. The details of key construction equipments in good working condition, required to be mobilized by the Contractor, to
complete the work within the schedule. The actual deployment schedule of Construction Equipments shall be approved
by Engineer-in-charge. Contractor shall augment the above list with additional numbers/categories of equipments, tools
& tackles, as required and directed by Engineer-In charge to complete the work within the completion time schedule and
quoted price.
2. Contractor to confirm that the above equipments are available with him in good working condition and shall be timely
mobilized on this project site. Contractor has the option to hire some of these equipments form equipment-hiring
agencies also.
3. Owner/EIL reserves the right to physically check & verify the availability of these equipments prior to award of work.
4. Contractor shall replace any defective/damaged equipments promptly to complete the work without any time & cost
implication to the Owner/EIL.
5. Instruments (as applicable) to be made available with valid calibration certificate, issued by NABL accredited
laboratory.
(STAMP & SIGNATURE OF BIDDER)
Page 3 of 3
ANNEXURE TO
SCC
Guru Gobind Singh Polymer
Addition Project
-----------------------------------------------------------------------------------------------------------------
Page 1 of 1
Revission 0
HPCL-Mittal Energy
E Ltd. / HPCL-Mittaal Pipelines Ltd.
L
Issuee Date 05-M
May-12
Lifting & Rigging Operations
O Prrocedure
Next Review
9111-000-HSE E-006-00008
Pagee 2 of 36
3
REV
V DATE RE
EV DETAILS
Notte:
Thee Owner of thiss document iss department HSE
H at HMELL. Please contaact Mgr-HSE for
f any clarificcations, updatees or revisionss.
1.0 Purpose
This procedurre identifies the measures too be taken to ensure safe use
T u of lifting eqquipment and that all lifting
o
operations a performed in accordancce with relevannt legislation and
thaat take place are a safe workiing practices.
T safety of all personnel in such casees shall be primary and shaall mandate sttrict compliancce with these
The
procedures foor crane and liffting operationns.
2.0 S
Scope
T documeent is applicable to all perrsons associaated with liftinng or rigging activities, whho are
This
ttasked with preforming
p anny lifting or rigging work inn any HMEL//HMPL locations viz. Refinery, COT-
MMundra & Pippelines whetther it is operrated by HME EL/HMPL, ouutsourced or ‘O&M’ emplooyees.
2.1 Definitions
C
Competent P
Person: A peerson concerned with testing, examinatioon and certificaation of lifting
equippment, who has the requuisite knowleddge, both theeoretical and
practtical, of the type of mateerial under exxamination too certify with
confiidence whetheer it is free froom defect andd suitable in every
e way for
the duty
d for which the material iss required;
C
Colour Code: A meethod of markking equipmennt to give a vissual indicationn of its status.
This colour shall be changed at each six monthly
m inspeection (colour
codee will be adviseed by Safety department);
d
J
JSA: Job Safety
S Analyssis
Lifting Plan: Writtten documentss which includde instructionss for carrying out the lifting
operration, the eqquipment requuired and thee control meaasures to be
impleemented for managing thhe risk assocciated with the t identified
hazaards;
Plant/Identification Numbber: A unnique number given to an item of lifting equipment foor registration
purpose and to faccilitate traceabbility;
W
Working Load Limit (WLL
L): the maximum
m loaad which an ittem of lifting equipment iss designed to
raisee, lower or susspend.
3.0 Responsibillities
He shall ensure that everry lifting operration is propperly planned by a competent person, appropriately
s
supervised annd carried out in a safe mannner.
He assures thhat the safety measures inccluded in the lifting plan annd associated Risk Assessm
ment/JHA are
in place.
3.2 C
Crane Operaator
C
Crane operatoors must
be familiaar with and actt upon the signals used for the control of crane operations.
The Crane Opperators are reesponsible forr the safe opeeration of the cranes.
T c They must be awarre of and fully
u
understand all the applicabble safety preecautions prior to and durinng crane operrations. They must ensure
t loads are not lifted over the followingg:
that
C
Crane operator is responssible for the correct,
c safe positioning
p of the crane; he must surveey the lift site
c
considering, g
ground conditions, soil beaaring capacity,, obstructions, overhead poower lines in vacinity. The
f
following must be ensured
Ground too be level
Crane maats to be usedd
Outriggerrs fully extended, (if applicable).
Once siteed, crane is levvel and stablee.
Check thaat all loads aree properly balanced and sluung before lifting;
Check thaat the Banksm
man is clearly identified, if neeeded;
The liftingg slings or chaains are correcctly secured too the load;
All hand signals and radio
r communnications are correctly and clearly given in sufficient time to allow
Crane Opperator responnse;
All loads are safely andd correctly possitioned.
He must havee the necessaary competennce to select suitable liftingg accessoriess. He must haave adequate
information, innstruction andd practical expperience on the principal of selection, usee care and maaintenance of
l
lifting accessoories includingg limitation on use. This maay include methods of slingging loads, thee methods for
rating multi-leegged slings, interpretation of marking oon lifting accesssories and derating
d them for particular
a
adverse weathher conditionss of use.
3.4 Banksman
The Banksmaan is responsibble for ensurinng the readineess of any lift and
T a for the finaal positioning of
o the load.
He has a dutyy to ensure thaat:
The liftingg slings or chaains are correcctly secured too the load;
All hand signals or raddio communicaations are corrrectly and cleearly given andd in sufficient time to allow
for Cranee Operator ressponse;
All loads are correctly and
a safely possitioned at thee receiving location;
Personneel keep clear of
o any suspendded lift
The HSE Enngineer shall ensure relevvant support for equipmennt certificationn and collaboorate in Risk
T
A
Assessment a JHA.
and
4.1 C
Certification
n of Lifting Equipment
E
of goood constructioon,
of soound material,
of addequate strenggth,
free from
f patent deefect,
alarm
ms: reversing aalarm mobile cranes.
allow
w clear and unrestricted view
w for the safetty of the lifting operations.
4.2.1 S
Slinging & Rigging
R
4.2.2 S
Specificatio
on for Containers
The object off this specificaation is to sett standards providing guidaance on desiggn, control, innspection and
T
t
testing of conttainers.
T
These requireements shall apply
a to all conntainers used for the movem
ment of items/m
materials.
The structurall design of thee lifting points of containers must be apprropriate for thee task they aree intended for
T
( e. lifting paddeyes and nott twistlock couuplings), alternnatively handliing frames muust be provided.
(i.
Design;
Marking;
Plating;
Examinattion and certifiication;
Repair;
Lifting setts.
All containerss shall be ideentified by paaint identificatiion markings.. For open siided containeers it may be
A
necessary to attach
a plates specifically
s to carry the idenntification.
Where the paainting of numbers is not deesirable, decaals/stickers or punching on an identification plate may
W
b used. Eachh container shhall be markedd with its uniqque container identification, thus, each coontainer shall
be
b fitted with a plate or plaates made of corrosion ressistant materiaal and secureely attached externally
be e in a
manner designed to avoid unauthorised
u o accidental removal.
or r
Owner’s name;
n
Container identificationn;
Tare weigght (in kilogram
ms);
SWL (in kilograms);
k
Date of manufacture;
m
Date of laast inspection Proof load.
Format No. 99111-000-PCT-FRM
M-00006 Rev-00
Revission 0
HPCL-Mittal Energy
E Ltd. / HPCL-Mittaal Pipelines Ltd.
L
Issuee Date 05-M
May-12
Lifting & Rigging Operations
O Prrocedure
Next Review
9111-000-HSE E-006-00008
Pagee 11 off 36
Provision should be made oon the plate too facilitate hard stamping to record a minimum of approoximately five
f
future examinations.
4.2.3 C
Chains
The chain shoould be inspeccted checking attachment foor wear, nickss, cracks, breaaks, gouges, stretch,
T s bend,
w splatter. Chain links annd attachments should hingge freely to adjjacent links ass well as latchhes on hooks.
weld
4.2.4 S
Slings and D-Rings
D
4.2.5 W Ropes
Wire
Wire ropes or
W o cables shall be inspecteed by a comppetent personn at the time of installationn and during
o
operations, and must be removed from m load carryinng service when detrimental wear and corrosion is
e
evident. Wire ropes removeed from servicce due to defeects shall be plainly
p marked or identified as
a being unfit
f further usee on crane or other
for o load carrrying devices..
Wire rope muust be maintainned in accorddance with thee recommendaations of the manufacturer.
W m Kinking and
u
untwisting of wire
w rope musst be avoided; at no time shaall a load be applied
a to a kinnked rope.
Socketing, splicing and seizzing of wire roope shall only be carried ouut by a qualifieed person. Whhen a wedge-
S
s
socket type of
o fastening is used, the deead or shortenned end of thee rope must be b clipped witth a U-bolt or
o
otherwise madde secure agaainst looseningg.
Always handlee wire rope haand-over-handd. Wear glovees when handdling wire ropee. A wire ropee cutting torch
A
must be used to cut wire rope and the rope must be tieed or taped onn each side of the intended cut.
Fiber and synnthetic riggingg must be careefully manageed to preservee its conditionn and preservve its working
l Protect itt from causticcs and other chemicals.
life. c Doo not let it chhafe around sharp
s corners or on rough
o
objects. Keep it dry and cleean. Rope slinggs, which havve been subjeccted to acids or
o excessive heat,
h shall not
b used for looad carrying purposes.
be p Obsserve the mannufacturers guuidelines load ratings after use
u in certain
e
environments , e. g. after suubmersion in seawater.
s
a pull eyes in good condition and secuurely anchoredd when in use. Ropes beingg subjected to
Keep blocks and
heavy stress may
m break. Reemain at a saffe distance froom lines underr tension.
S
Sheathed rou
und sling must not be useed.
4.2.8 Hooks
Any hook with a crack, nicck, gouge or arc strike muust be removeed from servicce. A hook m
A must never be
repaired, alterred, reworked or reshaped welded
w on, heeated, burnt orr bent.
A hook must never be sidee, back or tipp loaded otherrwise distortioon or failure may
m occur. Hoooks must be
v
visually inspeccted before eaach use and innspected using an approvall TPI procedurre annually.
4.3.1 C
Cranes
Mechanical handling of maaterials must be done onlyy by those peersons who have
h full knowwledge of the
e
equipment annd have been authorised too use it. Perssonnel must keep
k away froom objects beeing raised or
l
lowered and must
m keep welll clear of susppended loads..
4.3.2 Hoist
W
When selectinng and using a hoist, following considerattions should be met:
The Safe Working Load off the hoist, ass determined by the manuffacturer, shall be indicated on the hoist,
T
a this SWL shall not be exceeded:
and e
The suppporting structuure to which thhe hoist is attaached shall haave a SWL att least equal to
t that of one
hoist;
The suppport shall be arranged so ass to provide foor free movem
ment of the hoist and shall not restrict the
hoist from
m lining itself up
u with the loaad;
Loads should always be liffted slowly at first to make certain everytthing is operaating properly. They should
b lifted verticcally, avoiding additional streess on the hoist and risk unncontrolled loaads swings.
be
Pre-use inspeection:
Id numbeer is evident;
SWL adeequate;
Check coondition of hoook and safety latch
l and loadd chain;
Colour coode is correct.
4.3.3 O
Overhead/G
Gantry Cranees
The requirem
T ments includedd within this procedure also apply to cranes havinng the same fundamental
c s such as Polar gantry crannes, Cantileveer gantry cranees, Semigantrry cranes and Wall cranes.
characteristics
O
Overhead/Ga ntry cranes coonsist of a sett of rails or runways (this iss called the brridge) on whicch a trolley or
c
carriage mouunted on anotther runway/rrails at right angle to this, this carries the hoisting mechanism.
C
Controls for overhead/gant
o try cranes caan be located in a cab thaat can be on top of the crrane or slung
u
underneath or via a pendeent controller that is suspended from thee crane whichh is operated from ground
l
level.
Each overheaad/gantry cranes must have displayed andd clearly legibble from the grround;
Overhead/ganntry cranes shhall be subjectt to periodic innspections performed by a Competent Peerson, and at
O
intervals recommended by the manufacture and accorrding to the seeverity of the service. The periodic
p Third
Party Inspection shall be in carried out evvery 6 month,, or when mainntenance or reepair has been carried out.
Hoist is to be inspected by quarterly
q by competent persson/engineer and colour cooded respectivvely.
S
Select the beaam clamp to be
b used and plan the lift takiing into accouunt the followinng:
Type of clamp;
c
Capacity and beam sizze or range of beam size;
Type of lifting appliancee to be used;
If the appplication is tem
mporary or perrmanent.
All blocks musst be providedd with an autoomatic brake too arrest and hold
A h the load in all positionss, also to give
a smooth conttrolled lowerinng of working loads.
l
C
Chain pulley blocks
b must bee marked withh:
4.3.6 W
Winches
The supportinng structures and load attaching device used in conjuunction with any
T a winch musst provide an
a
adequate safeety factor to haandle the rated load, plus thhe weight of thhe winch and attached
a equipment.
S operatingg instruction:
Safe
Before usse, check the winch for weaar and damagee. Never use a winch that innspection indicates is worn
or damagged;
Be certainn the load is properly
p seated in the saddle of hook;
Never operate a winch with twisted, kinked or dam
maged wire roppe;
Never use the winch wire
w rope as a sling;
s
Winch shhall be installedd, operated annd maintainedd following the manufacturerr instruction manual.
m
When consideering wire roppe requiremennts, the actual working loadd should be inncluded not only
W o the static
l
load but also loads
l resultingg from accelerration and shoock load.
Never use a wire
w rope whicch is frayed or kinked; alwaays ensure thaat the wire roppe is correctlyy spooled and
t first layer is tight againsst the drum.
the
When rewindiing, apply tension to the ennd of wire roppe to eliminatee slack, this helps achieve level winding
W
a tight spoooling.
and
The air supplyy is to be cleann, free for moiisture and lubrricated to ensure optimum motor
T m perform
mance.
Following exaamination and inspections should be carried out:
Check the SWL is adeequate for thee load, the colour coding iss current and the winch has ID number,
SWL cleaarly labelled annd TPI date sttamped/painteed on it;
Examine the rope guard and ensuree there is no damage/distor
d rtion which maay obstruct annd abrade the
wire ropee;
Examine the drum, thee brakes for weear, distortion, cracks and contamination;
c ;
4.3.7 J
Jacks
Before use:
Make surre the rated loaad of the jack is readable and durably maarked;
Visually examine
e the general
g condittion of the jacck and check for
f impact damage, cracks, scoring and
corrosionn;
Verify thaat the SWL is respected;
r
Place a block
b between the load cap and the load ifi the load couuld slip off the jack;
Secure thhe load from faalling or slipping immediately after it is raised;
Never go under a load supported solely by jacks;
Never use a claw attacchment unlesss the jack has an extended base.
b
Inspect jacks at appropriatee interval depeending on how w often they arre used;
Make sure a jack is lubricatted at regular intervals, folloowing the mannufacturer instruction;
C
Clean and cheeck internal paarts for wear or
o damage.
Pad Eye(s) structure must load tested annd TPI, fully ceertified, and a register kept up-to-date.
u
Before usage:
Make surre the rated loaad of the Pad Eye(s) is readdable and durrably marked;
Visually examine
e the general condition of the Pad Eye(s) and chheck for impact damage, crracks,
scoring and corrosion;
Verify thaat the SWL is respected
r at any
a time during the work phhase;
Make surre the d-ring applied is of apppropriate ratinng according to
t the Pad Eye(s) SWL.
All cranes shaall be fitted with a safe loadd indicator (SLLI) which is vissual and audibble as well as a load chart.
A
Load chart to be posted insside crane opeerator's cabin.
Format No. 99111-000-PCT-FRM
M-00006 Rev-00
Revission 0
HPCL-Mittal Energy
E Ltd. / HPCL-Mittaal Pipelines Ltd.
L
Issuee Date 05-M
May-12
Lifting & Rigging Operations
O Prrocedure
Next Review
9111-000-HSE E-006-00008
Pagee 18 off 36
The indicator shall allow thhe operator to readily ascerrtain the safe working load (SWL) of thee crane at the
T
particular boom length and radius at whicch it is workingg.
It is the respoonsibility of thee supervisor inn charge of the lifting operaation to inform the operator of the weight
o the load about to be liftedd.
of
the power
p supply is shut off,
the windows
w and door
d of the cabb are closed and
a locked.
Check thaat the audible alarms are woorking for overload conditions.
Check thee crane cabin to ensure that no materialss that constitutte a fire hazardd are present.. Ensure a
fire extingguisher is pressent.
B
Before a lift is undertaken thhe crane operrator must knoow the Safe Working
W Load (SWL).
5.2.2 C
Crane and Load
L Movem
ments
Loads must be lifted gently and the cranee motions opeerated smoothly to avoid loaads swinging. S Steadying
llines must be used where necessary
n or where
w the loadd presents a laarge wind catcching area. Noo work will be
aallowed withinn 5meters of electrical lines without a validd Permit To Work.
W
WWhen traversing a load acrooss occupied offices/workshhops these muust be vacatedd.
TThe swing raddius (between outriggers) haas to be barriccaded.
5.2.3 S Workin
Safe ng Load and
d Maximum Working
W Rad
dius
TThe Safe Worrking Loads (S SWL) of the crane must not be exceeded except for thee purpose of a test, and
tthen only by a qualified testt engineer, connforming to the crane manuufacturer's speecifications and
rrecommendations.
TThe maximum m working radiuus of a crane boom must neever be exceeeded with a loaad on the cranne hook.
5.2.4 S
Shutdown
OOn completionn of the work, cranes with hydraulic boom ms should retrract boom fullyy and cradle, cranes
c with
llattice booms should hook up
u and secureed to permaneent structure (bbut not structuure of process units) and
tthe motors stoopped, before the operator leaves
l the craane.
In all lifting opperations, caree must be takken to ensure that the loads imposed onn any item of equipment or
a part of ann item does noot exceed its safe
any s working load.l Where thhere is any unncertainty aboout the weight
o the load orr the load appplied to a partticular part off the equipmeent it is recom
of mmended that load-sensing
d
devices be ussed. In addition to the abovee, care shouldd be taken to ensure
e that, at
a all stages off hoisting, the
l
load remains in a stable conndition. In genneral the load may be unstaable if at any time:
The CoG (Centre of Grravity) of the looad is not verttically beneathh the crane hoook;
The CoG of the load is higher than thhe point of attachment of thhe slings to thee load.
The equipment should be used only forr the specific purpose for which
T w it is deesigned and should
s not be
a
adapted for anny other purpoose without the approval of the Competennt Person.
With all lifting operations, a trial lift should allow the Crane
W C Operatoor/supervisor tot check the estimations
e of
b
balance, stability and general safety of thhe load, whilst it is in a relaatively safe position. If any discrepancies
d
a found, thee load should be
are b lowered annd slinging revvised.
The sequencee of trial lift annd adjustment should be reppeated until thhe Crane Operrator/supervisor is satisfied
T
t the load is balanced, sttable and secuure.
that
Format No. 99111-000-PCT-FRM
M-00006 Rev-00
Revission 0
HPCL-Mittal Energy
E Ltd. / HPCL-Mittaal Pipelines Ltd.
L
Issuee Date 05-M
May-12
Lifting & Rigging Operations
O Prrocedure
Next Review
9111-000-HSE E-006-00008
Pagee 20 off 36
The lifting Suppervisor shoulld also consider whether a rope or ‘tag linne’ is requiredd to control thee load once it
T
T is particularly recommeended in the case
is in the air. This c of long looads where taag lines shouldd be attached
a one or both ends, so thhat rotational movement
at m maay be controllled. The tag line should bee of sufficient
l
length that thee Rigger(s) neeed not stand directly
d underr the load durinng the lift.
A zone will bee considered safe only if nobody is pressent under thee load and if no worker staays within the
a in which the incidental falling of the load can causse harm to peoople.
area
T lines or guide poles shaall be used whhen necessaryy to guide susspended material or equipm
Tag ment.
Before landing any load, checks
c must be
b made to ensure
e that thhe site chosenn is of adequuate size and
c
capable of takking the weighht of the load.. In addition, it may be neceessary to provvide suitable landing
l pads,
e timber beearers, to enabble the slings to
e.g. t be removedd from under the t load.
THE LOAD MUST
T M NOT BE
B LOWERED SO AS TO
O TRAP THE
E SLINGS AS
S THIS MAY RESULT IN
S
SERIOUS DA
AMAGE TO TH
HEM.
Only personnnel trained in the use and maintenance of lifting equuipment can operate,
O o and the following
c
conditions havve to been alw
ways respecteed for all lifting operations:
Respect of
o the SWL;
Keep hannd, clothing, ettc. clear of mooving part;
Always ensure that thee operator andd all other peopple are clear of
o the path of the
t load;
Never alloow anyone to stand under a suspended load;
Do not sw
wing a suspennded load and do not leave a suspended load unattendded.
T category tends to attraact more frequent problems and be the caause of a higher accident raate.
This
Only pipes off the same nominal diameeter should bee bundled toggether, and thhe numbers in the bundle
O
s
should be succh that the midddle ones are not liable to slip, through lack of bundle tightness.
t
The whole loaad must be sluung with two slings,
T s each off which has a safe working load in excesss of the gross
w
weight of the load.
l
The live wire of the sling, which
T w is held by the crane hook, should be reeved through the eyee of the other
e of the sliing and have a bulldog clip fastened onnto the live wire
end w above thee reeved eye to prevent it
l
loosening durring transit. Thhe reeved eyee should havee a ‘tie wrap’ or
o similar, throough it and arround the live
w to prevent the reevedd eye slippingg over the bullldog when thhe load shifts and loosens once placed
wire
d
down.
Do not place hand or fingeers in or on thhe ends of a pipe when it is being moveed. Racked pipes must be
s
securely blockked.
Factors to consider when planning lifting operation too ensure thatt they are perrformed safelyy and that all
f
foreseeable h
hazards are identified in thhe Risk Asseessment and the risk is eliminated or reduced
r may
include.
5.6 A
Attaching detaching and securing loads
Any lifting acccessories used for securingg a load must be compatiblle with the loaad, taking intoo account any
A
a
attachment pooints in the loaad, the enviroonmental condditions in which the accessoories will be used and their
c
configuration of use. Approopriate measuures must be taken to prevvent the load disintegratingg while being
l
lifted.
5.7 C
Critical Liftss
C
Certain lifts, as
a set forth below, shall bee considered Critical Lifts::
An Equipment
E Lift Record Card (ELRC),
( Form Attached
Draw
wings to scale
An equipment list
Equippment certificaations
Prooof load tests
Lift weights
w
Hoistting capacitiess
Calcuulations
Hazaard Review
A lift specific Job Safety
S SP) must be issued for each lift, on the dayy of the lift)
Plan (JS
Plan View - Show dimensions of the centerlinne of rotation of o the lift equippment to the center
c of
graviity of the item being lifted att initial pick, inntermediate locations and inn the final set position.
p
A coomplete list off the equipmeent to be useed in the liftinng operation along with manufacturer’s
m
recom
mmendations as required.
Equippment Certifications shall incclude:
Cranne, Jacks or otther lifting devvices mobilizedd to the Projecct but not asseembled on thee project shall
be innspected. In noo case shall thee inspection reeport be older than one yearr.
Cranne, jacks or othher lifting deviices mobilizedd to the Projecct and assembbled on the prroject shall be
inspeected by a cerrtified examinaation agency oro individual Reegistered Profeessional Exam
miner after the
asseembly is com mplete. A cerrtified agencyy or individuaal will provide documentaation of their
qualifications.
For example,
a crane manuufacturer, or a recognized government
g a
agency may certify
c an agenncy or individuual to do this
inspection. Doocumentation of that certification is addequate to deemonstrate quualification to perform the
inspection.
Slings, other rigging hardware, cranes, jacks and otther lifting devvices shall be proof
p tested
Lift Weights
Hoisting Capacity
If weightss are not know wn, but have been calculatted, the Lift Plan P shall provvide a step whhere the load
weight is checked with the Cranes looad-indicating device.
d This check
c shall be within 3% of the
t calculated
weight or the lift will be secured. The lift will be recaalculated and,, if the Engineeering Manager confirms the
recalculatted loads are within the parrameters of the lift package, allowed to proceed.
p If the crane and/or
lifting devvice is not equuipped to makke this check then
t the lift shhall be planneed such that it is made in a
configurattion where thee lifting devicee is only loadeed to 75% of the rated capacity on the manufacturers
m
load chartt.
C
Calculations shall be provvided for the following:
f
Hazard Revieew
A review w of the draw wings by the Engineering Manager andd of the condditions in the field by the
Constructtion Rigging Supervisor
S shaall be done prioor to the lift. This review shaall identify anyy underground
structuress, structures att grade, overhead
electrical lines, unanticcipated soil coonditions, proxximity to hazaardous chemicals, proximityy to adjacent
structuress or other condditions or objeccts that could affect
a the lift.
High wind cann restrict the safe operation of the crane. The maximum
m wind speed allowable is dependent
d on
t actual dessign and speciifications; how
the wever extremee precaution shhould be exercised when caarrying out
l
lifting operatioons in windy weather
w condition.
Wind
W Speed Conversions.
C .
Kilometress per Hour Miles per Hour Knots Meteers Per Seconnd
17.77 11 9 5
32.00 20 17 9
54.77 34 28 15
72.44 45 37 20
90.11 56 47 25
1088.0 67 56 30
Where a persson is requiredd to be presennt on any partt of the lifting equipment forr operational, maintenance
W
o inspection purpose, the working placee should be such
or s as to minnimize the riskk of accidentss arising from
s
slips, trips andd falls.
W
Where there is a risk of falliing more than 2m (persons or object), suuitable edge prrotection shalll be provided.
If the lifting equipment is used
u in situations where the accumulatioon of liquids or
o dust may ppose a risk of
s
slipping, adeqquate drainagee is needed.
6.0 A
Appencices
s
Hand Signals
INTERNATIO
ONAL HAND
D SIGNALS FOR
F CRANE
E OPERATIO
ONS
Conttractor:
Areaa/Site: Date:
LIST
T RIGGING EQUIPMENT TO BE USE
ED ON LIFT – IN NO
N CASE SHALL THE
T ACTUAL LOA
AD EXCEED THE LOAD
L RATING
Item # Rigging Hardwaree and Equipment Noo. Sizze Leength L
Load Rating Actual Load Weight of
o Item
Froom Proof Test From Calculationns
TO
OTAL WEIGH
HT OF RIGG
GING HARDW
WARE
CALCULATION TO DETERMINE % OF CHART
DESCRIPTION
N CAPACITY OR WEIGHT
W %
(LBS)
1. Crane or Lifting Devices Caapacity at worst case (for example: maximum
m radius for a crane, max extennsion for a N/A
jack)
2. Load to be lifted. This incluudes the weight of the component andd the weight of the rigging hardware. N/A
3. Percent of Chart. Divide #22 above by #1 above. In no case shall this % exceed 85%.
2. Provide the actual pressuree to be imposed byy the crane or liftingg device after mattinng as required. In no case shall the actual
imposedd pressure exceedd the allowable.
EQUIPM
MENT LIFT
T RECORD
D CARD (Paage 2 of 2))
Pre-Lift Check
klist
Status
DESCRIPT
TION
1. Foundation – Grround is as expecteed. Crane mats are in place and in goood condition. Outrriggers positioned correctly.
c
2. Weather – Goodd weather for lifting.. Wind is below thaat required. Good weather
w is expected for duration of liftt.
3. Hazards – No daanger to or from adjacent structures. No electrical line inn the vicinity of lift. No unexpected unnderground structurres. No
obstacles or obsstructions to swing during
d lift.
4. Inspections – Riggging has been insspected. Crane (Liffting Device) has beeen inspected.
6. Clearances – Prooper Head Room iss available. Boom will clear any strucctures during the Lifft.
DESCRIPTION OF OPERATIO
ON AND PROCEDURE – ATTACH A
ADDITIONAL PAGE
ES OR DRAWINGS
S AS REQUIRED
DATE
E
APP
PROVAL OFF ELRC
Rigging Supervisor
Mainttenance Manager
V.P. Safety
S Signiture_______________________________________________________________________________
#Reqquired for Critical Lifts Only#
Lifting C
Check list
Lift Recorrd Number Date Time Crane Operator
O
Crane Location Lifting supervisor
s
Task Rigging Supervisor
NO ITEM YES NO
1. AAll crane certiificates are currrent and avaiilable and the crane has beeen inspected within w the
last 12 monthss.
2. TThe correct loaad chart is witth the crane annd the operatoor is thoroughly familiar wiith all
sspecial notes and
a manufactuurers recommeendations.
3. AAll operationaal aids and safefety devices inn the crane aree functioning and a the operattor is fully
vversed in theirr operation. a. safes load indiccator is presennt and function ning.
b. boomb angle inndicator is functioning
c. radius
r indicatoor is functioning.
4. TThe crane is onn a firm footinng and outrigg gers are fully extended and locked as app plicable.
5. MMeans have beeen provided tto enable the operator
o to ennsure the cranee is level.
6. A firm level su urface has beeen prepared annd designated as “A runwayy” or path of travel t for the
wweight and con nfiguration off the crane. (Iff applicable)
7. AAll load lines are properly reviewed
r and lay
l properly overo the drumss.
8. PPrior to hoistinng the crane operator
o has caarried out a fuull inspection of
o the crane.
9 HHas rigging pllan been carrieed out, submittted and availaable
10 HHas a lifting plan
p been devised, submittedd for review, and a communicated to all peersons.
11 TThe crane hoo ok is fitted withh a safety latcch.
12. AAll Slings hav ve been inspeccted, colour cooded and validd test certificattes are availabble
13. AAll shackles have been insppected, colour coded and vaalid test certificcates are availlable
14. AAll rigging has been inspectted for kinks or o damage of any kind.
15. AAll ancillary liifting equipmeent such as sppreader bar & turning rollerss have been in nspected,
ccolour coded and
a a valid tesst certificate iss available.
16. MMultipart liness are not twistted around eacch other.
17. AAll rigging callculations havve been carriedd out and all rigging
r is with
hin the SWL of o the
rrigging.
18. TThe Total weig ght of the loadd is known to the lifting suppervisor and cranec operatorr.
19. TThe lifting Suppervisor has checked
c all callculations of the
t load to enssure it is withiin the
ccapacity of thee lifting gear and
a crane at th hat specific radius.
20. TThe Lifting su upervisor has checked
c all sliing configurattions to ensuree that the
SSling angle is within the cappacity of the sling
s and load.
21. A safe method d of connectinng the slings too the load has been provided d. (i.e. ladderss for access)
22. TTaglines have been provided and employ yees designated & trained inn there use
23. TThe Crane opeerator is in connstant contactt by standard hand h signals or
o voice comm munications
hhand held radiio.
24. TThe crane operator has beenn advised to reemain at the controls at all times t whilst th
he crane
eengine is running
25. LLoads to be liffted require too be inspected immediately prior to the lifft to ensure an ny loose
aarticles are rem
moved.
26. A Pre-lift safety briefing haas been held whichw should innclude the :-
CCrane Operatoor, Lifting Suppervisor, Safetty Officer andd all employeees involved.
27. SSpecific Safetyy instructions have been givven to personnnel required to o work at heigghts
cconcerning fulll body harnessses, (double lanyard
l type) fall protectionn safe tie-off procedures.
p
28. A safe method d of removing slings has beeen provided. (i.e. ( ladders & safety line)
39. TThe Area to bee lifted over has
h been cleareed of personneel, and cordon ned off.
30. VVisibility & weather
w are witthin the parammeters for carrrying out liftinng operations.
IF THE
E ANSWER TO ANY APPLICABL
A LE QUESTIION IS NO ??, REMIDIAL ACTIO
ON MUST
BE TAK
KEN BEFO
ORE LIFTIN
NG COMME ENCES…
Page 1 of 1
~ {
®
HMEL
HPCL·Mittal Energy Limited
Guru Gobind .Singh Refinery, Bathinda
Mundra - Bathinda Pipeline
Scaffolding Erection , Inspection and Dismantling Procedure
9111·000·HSE·006·00013
Major Changes:
• Guidelines for suspended scaffold included
• Checklist for working at Height made mandatory during scaffold erection & dismantling
• Criteria for scaffolding erection using heavy & medium class pipe incorporated
Note:
The Owner of this procedure is department H&S at Bathinda. Please contact safety manager for any clarifications, updates
or revisions.
INDEX
s. NO. CONTENTS PAGE NO.
1.0 PURPOSE 4
2.0 SCOPE 4
3.0 DEFINITIONS 4
4.0 RESPONSIBILITY 4
5.0 SCAFFOLD CONTRACT 5
6.0 SCAFFOLD TYPES 6
7.0 SELECTION OF TYPE & DESIGN OF SCAFFOLD 6
8.0 MATERIALS AND COMPONENTS OF THE SCAFFOLDING 7
9.0 PLANNING I PRE ERECTION 8
10.0 ELIGIBILITY & EXPERIENCE OF PERSONNEL 8
11.0 SCAFFOLD ERECTION 9
12.0 INSPECTION 9
13.0 SCAFFOLD USE 11
14.0 SCAFFOLDING MODI FICATION 12
15.0 DISMANTLING 12
16.0 REFERENCES 13
ANNEXURE·I (CHECKLIST FOR WORKING AT HEIGHT) v 14
ANNEXURE·II (SCAFFOLDING INSPECTION REGISTER) 15
ANNEXURE·III (SCAFFOLDING CHECKLIST) 16
ANNEXURE-IV (RED & GREEN TAG OF SCAFFOLD) 17
ANNEXURE·V (TYPE OF SCAFFOLD) 18
ANNEXURE-VI (COMPONENTS OF SCAFFOLDING) 22
ANNEXURE·VII (GUIDELINES FOR SCAFFOLDING ERECTION) 27
SCAFFOLD ERECTION WORK FLOW DIAGRAM 29
1
1.0 'PURPOSE
The purpose of this procedure is to set a minimum acceptable standard for the safe execution of all Scaffolding
works, erection, inspection and dismantling for HMEL, HMPL and all its locations.
2.0 SCOPE
This procedure shall cover the control on Scaffolding during inspection of scaffold materials, installation, and
suitability for continued usage, certification and dismantling. This procedure applies to ail scaffolds on refinery
site, township and all its HMELlHMPL locations.
3.0 DEFINITIONS
Scaffolding: • A temporary structure which provides access working platform and can be used to support people,
materials or equipment.
Tube &Fittings: • Individual tubes of various lengths held together by individual couplers.
Scaffolding Tag: • An identification tag which is posted close to the ladder (access point) to inform scaffold user
of the status of the scaffold, whether scaffold is fit or not fit for use.
Scaffold Supervisor: • A trained authorized contractor person for the erection, checking & dismantling of
scaffolding.
Scaffold Contractor: - Contractor agency to whom the contract for scaffolding work at site awarded.
Competent Persons: • A person who has the requisite knowledge, who is trained and having the relevant
experience of scaffold design and erection who is capable of identifying existing and predictable hazards and
who is authorized to approve the scaffold and able to take prompt corrective measures to eliminate the hazards
or mitigate the risks to an acceptable leveL
He should hold a diploma /degree in civil/mechanical engineering having experience and trained in scaffold
design and erection.
Engineer-In-Charge: - Employee of HMEUHMPL who is named as engineer in charge for any work order which
includes the requirement of scaffold erection.
4.0 RESPONSIBILITY
Managers: - It is the responsibility of managers of HMEUHMPL to ensure that;
a) The requirements of this procedure are implemented and followed, in ail areas under their control.
b) Report any incident/near miss relating to work on scaffold in accordance with HMEUHMPL Incident
Reporting & Investigating Procedure Doc. 9112-000-HSE-006-00033.
c) Approved the design and load calculation submitted by contractor for scaffold erection.
HMEUHMPL Engineer in charge: • (EIC) is overall responsible to ensure the scaffolding work contract shall be
awarded to contractor agency authorized by safety & maintenance/project department. He shall ensure that
agency is capable for executing all scaffolding work at site in accordance with this procedure. He shall ensure
that contractor shall deployed trained &experienced scaffold supervisor &erectors at site. He shall monitor and
evaluate the performance of scaffolding contractors on half yearly basis.
Competent Persons: ~ Competent person from HMEUHMPL shall ensure safe erection, inspection, use and
dismantling of the scaffolding at the site. He shall ensure that all scaffolding work is performed by persons who
are trained and experienced. He shall be responsible for ensuring the Work Permit system is strictly adhered to
for all related / relevant operations. He shall ensure all safety precautions are taken. He shall certify the scaffold
through green scaffolding tag prior to use.
Scaffold Contractor: • Responsible to ensure that all rules & regulations of HMEUHMPL shall be followed.
Ensure that all scaffold material is of sound quality and meeting the criteria as per IS 2750. Scaffold contractor
shall deploy experienced and trained scaffolding supervisor and erectors. Contractor agency shall maintain the
list of all trained scaffold supervisor &erectors. Contractor shall provide a black colour band on the helmet of all
workers approved for scaffolding erection/dismantling/modification.
Scaffold Supervisor: • Responsible to guide the scaffold erectors for safe erection, modification & dismantling
of scaffolds according to this procedure. He shall inspecting scaffolds, to ensure it is meeting the said criteria as
stipulated in the scaffolding checklist in Annexure III, and certifying the same Via the Green scaffolding tag prior
to use. Scaffolding supervisor shall present at work location during erection, dismantling & modification of
scaffold.
Scaffold User: • Responsible to attend initial user training organized by the contractor, to ensure that he only
accesses / works on scaffolding that has beer] inspected and displaying a current green tag.
procedure and will only be allowed to build scaffold after demonstrating their competence to the satisfaction of
maintenance/project and safety department.
• Scaffolds with tube &coupler arrangements shall be built in Conformance with the criteria gi~en in Table A1
&Table A2.
• For erection of scaffold up to 9 meters, height design and load calculations need not to be submitted .
However the EIC, maintenance, project or safety department has the authority to request design details if
required.
• For erection of scaffold above 9 meters to 38 meters meter height, contractor has to submit the scaffolding
design and load calculation done by a scaffolding supervisor to maintenance/project department and take
approval of maintenance/project manager/in-charge prior to erection of the scaffold.
• Scaffold above 38 meter (125 ft.) height (complex scaffolding) shall be designed by a suitably experienced
external competent person. All design details along with load calculations. to be submitted to
maintenance/project department and take approval prior to erection of the scaffold.
TABLE: A1: Applicable Criteria for Scaffold Erection using Heavy/"e" Class Pipe
Maximum Maximum
Load On Maximum Permissible
Bay Transverse Transverse Longitudin
Duty Platforms Number of Loading /
Length /Width Bracing .al Bracing
(Kg/M2) Platforms Bay
(Meters) (Meters)
1 Man, hand 1st and last set 1st and last
Light 120 1 Working Platform 2.4 1.8 tools, paint or of standards bay and
plaster and internally internally
2 men and maximum at maximum at
Medium 240 2 Working Platform 2.1 1.2 120 kg of every 4th set of every 5th
materials standard. bay.
2 Working Platform 3 men and (keeping (keeping
Heavy 360 & 1 at very Light 1.8 1.8 180 kg of maximum 3 maximum 4
'------- ---~ [)LJ!y --- - --
materials bays open) bays open)
TABLE: A2: Applicable Criteria for Scaffold Erection using Medium/"B" Class Pipe
Maximum Maximum
Load On Maximum Permissible
Bay Transverse Transverse Longitudinal
Duty Platforms Number of L.oading I
" Length /Width Bracing Bracing
(Kg/M2) Platforms Bay
(Meters) (Meters)
1 Man, hand 1st and last
Light 120 1 Working Platform 1.2 0.9 tools, paint or set of
1st and last
plaster standards
bay and
2 men and and
internally
Medium 240 2 Working Platform 1.1 0.6 120 kg of internally
maximum at
materials maximum at
every 5th bay.
every 4th set
(keeping
2 Working Platform 3 men and of standard.
Heavy
• 360 & 1 at very Light 0.9 0.9
f
180 kg of (keeping
maximum 4
bays open)
Duty materials maximum 3
bays open)
NOTE: "CLASS .. A" Pipe shall not be allowed for scaffold erection,
j
The contractor agency shall provide the Colour band of 6!l on inspected scaffold pipes according to the
HMEUHMPL color coding procedure (9111-000-HSE-006-00014).
The contractor shall maintain record of approved &rejected material. Rejected material shall be clearly marked
and removed from site within two weeks. Contractor shall submit the report of inspection & colour coding to
maintenance/project & safety department.
NOTE: Scaffold contractor engaged for short duration scaffold activity (Less than 3 months) will be
omitted to follow colour coding procedtlre.
• Before planning for erecting the"scaffolding, ground/soil condition to be checked and if it is loose soil then
sole board to be used.
• Anti-slip material to be provided below base plate inside tanks where it is metal to metal contact or slippery
surface.
• Scaffolding requirement must be pre-planned and be appropriate to be able to complete the job requirement
as per work orderirequirement.
• Scaffolding must be designed and erected in such a way that it does not impact on other tasks or block
doors, escape routes, exits and walkways
• Prior to erection all required scaffolds are to be registered in the central scaffolding register maintained by
maintenance & project planning department (see Annexure-II), upon registration of planned scaffold a
scaffold registration number will be issued. This will be a unique number allocated for that particular
scaffolding and must be displayed on the green scaffold tag upon completion and also on the red tag during
erection/dismantling/modification of scaffolding.
• The maintenance/ project planning department shall maintain the record of all scaffold registered for a
period of 90 days from the day of dismantling of scaffold for auditing purpose.
• Height work permit must be requested by plant maintenance in-charge for erection of scaffolding along with
Work at Height checklist as attached in Annexure-I.
• The risk of falling is highest during erection/dismantling/modification of scaffolds, so appropriate control
measures must be put in place. This includes the use of safety harness with double lanyards and fixin§
ladders so that workers can avoid climbing up and down the frame of the scaffold.
• Scaffolding Supervisor
Scaffolding contractor has to deploy Scaffolding Supervisor who has minimum three years of experience .
and trained by any authorized agency in erection, inspection and dismantling of scaffold. Scaffolding
Supervisor will be required to undergo an assessment on scaffolding from safety and
maintenance/project department, upon successfully completing the competency assessment he will be
authorized to inspect and certify scaffolds.
• Scaffold Erectors
Scaffolding Contractor has to provide trained scaffolding· erection and dismantling workers who has
minimum one year of experience in erection and dismantling of scaffold. Contractor shall maintain the
record for the trained scaffolds workers in the form of register.
• Scaffold User
Tool box talk on scaffold hazard is to be given to scaffold user before starting the job on scaffold.
The approved Scaffolding Supervisor shall initially complete the green side of the scaff tag when he finds the
scaffold safe for use and following details shall be entered on the scaffold tag along with filled checklist on back
side of green tag
• The reference number of the scaffold corresponding to the relevant entry into the Scaffolding Register.
When any modification in existing scaffolding will be carried out then scaffold shall be inspected and recertified
through the checklist given in Annexure-III before providing the green tag.
NOTE: • ONLY THE AGENCY WHO HAS BUILT THE SCAFFOLDING IS ALLOWED TO DO THE
I •
MODIFICATION/CHANGE
When the scaffolding supervisor has inspected and certified the scaffold, he must inform the EIC / competent
person about the same, the competent person from HMELlHMPL maintenance will then verify the same and sign
on green tag. After signing green tag by both the party (scaffold supervisor + competent person) scaffold user
can start the job.
.. Upon completion of the task / dismantling of scaffold, tags are to be returned to the maintenance/project
department where these ne~d to be archived for 90 days for auditing purpose.
.. It is responsibility of area maintenance/project in-charge to keep the tags up to date.
Please refer Annexure-IV for Red &Green Tags.
(Note- Green Tag is only valid for 7 days so becomes invalid unless rechecked and signed.)
.. Check the scaffold daily as a daily permit check by scaffold supervisor before starting the job.
.. After any severe weather conditions which might have affected the integrity of the structure
.. After any modification which might have affected the integrity of the structure.
• When it is identified scaffold has been tampered by involved in accident for e.g. - hit by vehicle~
Note· All scaffolds must be repaired and maintained by the scaffolding contractor when inspection indicates
problems after taking permission from maintenance department.
• Before using scaffold check that scaffold is certified and having a valid green tag signed within last 7 days
and do a visual check to look for obvious defects of scaffold like modification, hit by vehicle ground sinking
etc.
• When scaffold certified and provided with proper toe board, mid rail & hand rail on platforms it forms a
protective environment and as such additional fall protection is required or not shall be covered in JSA
However fall protection shall be required if the persons works involves projecting his body outside the
protective environment.
@) Do not carry tools &other material by hands, while using the ladder. Always use rope for the same and
maintain 3 point contact while ascending/ descending ladders .
•~ No loose material shall be left on the platform, place the tools in tool b~x &other items in basket/bag.
Scaffold area shall be barricaded so that it will not be hit &run by any vehicle or equipment &also will be
free from unauthorized movement.
.. Ensure that barricading is done at a sufficient distance from scaffold structure. In case it can't be done an
alternate arrangement should be made to prevent material falling from height, e.g. safety nets and a
detailed risk assessment shall be carried out.
.. Don't climb up on the rails of scaffold to over reach job location &take care of overhead eiectric lines,
always keep your-self 3 meter away from the same.
• While using scaffold that have been purposefully modified by removing elements such as guardrails &toe
board etc. to perform a special task like removal of equipment (e.g. Exchanger Bundle Pulling) appropriate
fall protection shall be used as specified in JSA. Access to these modified scaffolds should be minimize
and is limited to only those people involved in the task. Ensure that the guards & toe boards will be
removed only from the side from where the bundle or equipment should be pulled out. Guards shall be
immediately provided after removal of equipment.
NOTE: • Do not wrap barricading tape around the scaffold pipes. Sufficient distance shall be
,cordoned off based on the sc~ffold height and site conditiol1s.
15.0 DISMANTLING
Dismantling frame scaffolds is essentially erection in reverse. Each tier should be completely dismantled and
the material lowered to the ground before beginning to dismantle the next tier.
If platform sections or jalis have been left at each level during erection, it should be relatively easy to lower
platform materials from' above and deck in the current working platform completely. Extra platform material can
be lowered to the ground. Using this procedure, workers will be operating most of the time from a fully decked-
in platform. This makes for easier removal of braces and frames.
Dismantled materials should be lowered using a well wheel and hoist arm or by mechanical means or by hand
through Polypropylene/ Polyamide ropes. Dropping materials from height not only causes damage to pipes but
also endangers workers below.
During erection and dismantling of scaffold all persons engaged in activity have to wear a full body harness
with double lanyard and to be anchored at all times.
Ladder to be used while dismantling of scaffold so that scaffolding worker can easily remove the attachment of
scaffold pipe and get down safely.
(Note: It is prohibited to throw any scaffolding pipe or scaffolding components to the ground, all shall
be lowered properly by using rope).
16.0 REFERENCES
CODES AND STANDARDS
Indian Standard-2750: Specification for Steel Scaffolding.
Indian Standard-1161 :1998 Specification of Steel Tubes for Structural Purposes.
HMEL Work Permit Procedure- 9112-000-HSE-006-00004
HMEL Color Coding Procedure- 9111-000-HSE-006-00014
HMEUHMPL Incident Reporting &Investigating Procedure Doc. 9112-000-HSE-006-00033
ANNEXURE .. I
®I (To be filled up and complied along with the Cold work permit
H MEL required for working at Height of 2.0 meters and above) In addition,
depending on nature of work, separate work permit must be issued.
Pennit Requestor
Signature Date Time (Hrs.)
Pennit Issuer
Signature Date Time (Rrs.)
o GJ
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Revision 02
HPCl·Mittal Energy ltd.
Issue Date 11.04.2016
Scaffolding Erection, Inspection and Dismantling Procedure
Next Review 10.04.2018
9111·000·HSE·006·00013
HMEL Page 16 of 29
ANNEXURE·III
SCAFFOLDING CHECKLIST
Location: -_____---.,.--_______________
I
8 Are the grating places in order without gaps and secured properly? Yes
!
9 Is every working platform is provided with toe guard and hand rail, top Yes
rail and drop bar?
10 Are the scaffolding erected as per load duty? Yes
11 Are the green tag near access ladder is attached on scaffolding or not? Yes
12 Is scaffold material used is defect free from bent, corrosion etc.? Yes
13 If two pipes are connected, are they overlapped at least 600mm and Yes
min 2 clamps used.
14 Measurements: - Length ( m) X Width ( . m)X m3
Height ( m)
15 Scaffold is as per approved drawing and design Yes/ NA
-- - L __ ._ ....... ___ .________ .... _
Date of Closing- _ _ _ _ __
ANNEXURE·IV
ANNEXURE·V
TYPE OF SCAFFOLD
B. ZIP UP SCAFFOLDS
The Zip up scaffolds bracing enables quick, trouble free assembly while providing a very rigid structure.
Key Features
.., Rib-Grip
The cold-formed Rib-Grip jointing process is a key feature of the Instant tower system erection and
provides 3 times more strength and durability of traditional welded joints
C. MOBILE SCAFFOLD
Rolling scaffolds are best suited where short-duration work must be carried out at multiple locations. They are
used mainly by mechanical and electrical trades.
• The height of mobile scaffolds must not exceed four times the smallest minimum base dimensions. i.e. -
2.5 length x 1.5 width - height of scaffold cannot exceed 6.0 meter height at the upper platform level.
• Mobile scaffolds must be fully braced and plan braced at the bottom level, directly above the wheels and
below the working lift.
• All castor wheels must be fitted with a locking device to hold the scaffold in position when erected and in
use.
• All materials and tools must be secured or removed from the structure before it is moved
• The mobile scaffold must be moved from the lowest practicable level to prevent the tower becoming
unstable.
WIRE LASHING
(TOP, MIDDLE &
BOTTOM)
PLAN BRACE
UNDER DECK
LADDER SHOULD
BE FIXED TO TH E
NARROWER WIDTH
TRANSVERSE
(LEDGER) BRACING
PLAN BRACE
D. HANGING SCAFFOLD
A hanging scaffold is suspended by scaffold tubes from top of process lines, equipment or other structural
members where scaffolding from below is impracticable.
Design, loading and dimensions for the type of hanging scaffold shall be same as light duty scaffold with spacing
and loading as specified in Table A1 &A2.
General Requirements
e For hanging scaffold, check couplers shall be employed at the tops and bottoms of suspension tubes.
• The hanging scaffold shall be erected &dismantle under strict supervision
• Ensure proper access to working platform shall be provided.
III Do not overload, modify, or substitute any component while scaffold is in use.
• Maximum load allowed on hanging scaffold is 120kg.
;& The scaffold shall be secured properly with nearby structure.
" Do not rest working platform on process pipelines.
• Before use check for the stability and guards on scaffold.
ANNEXURE-VI
COMPONENTS OF SCAFFOLDING
B. TUBES
• Steel tubes used for the erection of scaffold shall fulfilled the requirement of IS 1161 :1998, Medium (B-
class) or Heavy (C-class) steel tubes of nominal bore dia. not less than 40mm.
• Tubes, units, frame etc. shall be straight to the eye and free of cracks, splits, excessive corrosion or any
other defects. The ends shall be cut square with axis of the tube.
• Any Tube, Unit or Frame, which is damaged or requires a high degree of maintenance such as scraping
or wire brushing, shall be replaced.
• No Tube, Frame or Unit will be painted other than by the manufacturer with the exception of color coding.
The only acceptable coating will be Galvanizing and Zinc Primer to make material corrosion free.
C. SCAFFOLDING JALIS
• Scaffold Jalis shall be of uniform thickness for the entire scaffold.
• Only Metallic jalis shall be used for making scaffolding platform.
• All jalis will be 225mm wide and 3.90m long.
• It should be free from defect and corrosion.
D. COUPLERS
• All couplers shall be inspected prior to use by scaffold erector. Couplers must not be painted other than
company colour code.
• Any couplers, which are damaged or found to have rusty or damaged threads, shall not be used.
• Couplers shall be serviced regularly. The threads should be lubricated to prevent rust and to enable the
smooth movement of the nut.
F. BRACES
• All Scaffolds shall brace in both directions. Braces will be extend the full height of the structure.
«I Ledger to ledger bracing will be at alternative sets of standards.
• Joints in bracing will be made with sleeve couplers only. Joint pins will not be allowed. In the case of a
brace being joined the joint shall be spliced.
• Where braces are fixed to transoms, the transom must be fixed with double couplers.
e Bracing shall be provided as described in Table A1 & A2
G. WORKING PLATFORMS
«I All working platforms must be fully 90vered.
• All scaffold jalis will be individually lashed at both ends. Guardrails will be individually lashed on the
standards on all working platforms to a height of 1000 mm. A mid rail will be fixed between the toe board
and the top guard raii so the distance between ~he toe board and underside of the guardrail does not
exceed 470mm.
• Toe boards including stop end boards shall be fitted to all working platforms.
• The minimum height will be 150mm for the toe board.
«I If materials are to be stacked above the height of the toe boards a suitable brick guard will be fitted or an
additional toe board.
• The vertical height between any ladder access platforms shall not exceed 8 meters.
• Ladder access platforms shall be close boarded and shall have guardrails and toe boards secured.
• Ladder access openings shall not be more than 450 mm wide (2 jalis) and shall be as sort as possible in
the other direction. All ladder access openings will have a guardrail around the opening without exception.
The access hatch should an automatic closure.
I. TRANSOMS IBEARER:
Transoms whenever possible shall be secured to standards using right angle couplers. They may however be
laid across ledgers/runner.
H BCAR)a::AR:R
~~lE~3i
[mtcpd~ .!
~&
~
IN3TPUED
il\B[E.PC6TS
1)'P.
SUS(Sl..E
~~
J. LADDERS
• Ladders shall project beyond working platform or ladder access platforms by a minimum distance of 1.05
meters. (3 rungs).
• Ladders shall be based on a sound footing. They shall be lashed or secured by manufactured ladder
clamp at both the foot and near the top.
III The angle at which ladders shall be set is 75 deg. or 4 to 1 (for every 4meters vertical it should be set 1
meter out) if possible.
" Ladders longer than 4 meters will be supported at their mid-point to remove any bounce .
., Ladders may be of aluminum. Only lSI marked and certified/tagged ladders shall be used.
• All Ladders shall be of sound construction, they shall be checked for damage, wear and tear and faults
by the approved Scaffolding Supervisor, before use and by the inspector during the weekly Scaffold
Inspection.
• Ladders shall not be painted or treated in any other way likely to conceal Defects, other than colour coding.
III Ladders shall be numbered and entered into a scaffold register.
• Ladder should be free from any defects.
• Ladders may be on the outside for the first two lifts above ground level. In every other case the ladder
shall be internal to the Scaffold.
" A fall arrest device must be fitted at the top of more than 6 Meter of height on 90deg ladders. But, not
required on 75deg ladders.
• No Scaffold tubes shall project in to the ladder access area.
G While ascending and descending the ladder only one person shall be allowed on ladder at any moment
of time.
" Don't carry any material while climbing on ladder, use rope for the same. Always maintain three point
contacts with ladder.
A/4
SCAFFOLD TERMINOLOGY
TOP RAIL
. ~
.... ji A I:::8E UPRIGHT
LONGITUDINAL BRACING
SWIVEL COUPLER
RUNNER (LEDGER)
TRANSVERSE BRACING
BASE PLATE
SOLE PLATE
ANNEXURE-VII
• Scaffold plank should be without any deformation and crack free and shall be properly tied-off with
scaffold. Scaffold plank that are damaged or are cracked /split are to be rendered unserviceable and must
be destroyed, these plank should not to be used on site.
4) All scaffold working platforms must be fully boarded, each plank must be secured.
• Access to scaffolding over 3 frames/levels (6 meters) must have a rest platform or ladder safety devices.
• Scaffolding above 9 meters of height must be tied or attached to the building or structure at 9 meters for
stability and then at intervals of every 6 meters .. In case no structure available to tie the scaffold, the base
of scaffold shall be extended and working p.latform must be supported through bracing connected with
extended scaffold base.
• A safe means of access, such as walkway, stair or fixed ladder must be provided to ail scaffold platforms.
• Portable ladders may be used if securely attached to the scaffold to provide unobstructed access to
scaffold platforms. Ladder must be lSI approved
.. Ladder shall be placed immediately after completion of second horizontal plane and no one shall use
pipes for ascending &descending the scaffold after reaching second horizontal.
• Ladders shall protrude minimum of three rungs (1 mtr) above the platform to afford safe access and egress.
• Ladder shall be connected with ledger through ladder clamps only.
• Scaffold has to be modified after taking permission from Maintenance department.
• Always barricade the area according to the height of scaffolding at the ground level for all scaffold related
jobs.
.. Under no circumstances should a scaffold be erected where there is any chance of an excavation being
carried out within 3 meters of the base of the structure.
• Scaffold checklist shall be properly filled and signed prior to start the work on scaffold.
.. Checklist for working at Height while erection and dismantling shall be used along with permit.
.. Requirement of providing safety· nets as an additional safety measures should be reviewed at for
preventing any fall from height to the ground.
41 Scaffold Erection Near Transformer: -
o Scaffolding erection permit at transformer shall be endorsed by electrical engineer.
o Tool box talk to be given by electrical &mechanical engineer for scaffolding erection at transformer.
o Scaffolding material should be shifted safely inside transformer yard.
o Supervisor & his team should be instructed for not hitting any tripping devices (Marshaling box,
buchholz relay, PRV &tank valves.) during material shifting &scaffolding erection.
o Continuous supervision should be done by electrical engineer during erection of scaffolding for
transformer job.
o Platforms shall be made as per requirement of the job, ensure platform shall not rest on transformer
body
Start
Maint. Department make necessary entry into register and issue, Tag No.
Erection of scaffold
HMEUHMPL
OK
+
Start the job with proper safety precautions
.
If work continue more than 7 days then needs to be
revalidated by Scaffold Supervisor & Competent Person
Page 1 of 1
WHISTLEBLOWER POLICY
INDEX
2
HMEL-Whistleblower Policy
It provides a mechanism for the stakeholders to report their concerns through the
designated channels, which are operated under the oversight of the Audit Committee.
The Company expects its employees and other covered stakeholders to promptly
report to the designated channels any actual or possible violations of code of conduct,
actual or suspected fraud or an event he/she becomes aware of that could affect the
business or reputation of the company.
This policy covers HMEL and its subsidiaries. The policy covers all permanent and
temporary employees, in India or abroad, directors and all those acting on behalf of the
Company (such as suppliers, contractors, traders, customers, consultants, agents, etc.
and their employees). This policy should be read in conjunction with the Code of
Conduct
3. Guidelines
The policy is intended to be used for reporting of events/ issues which are actual or
potential violations of the Code of Conduct, illegal activity or an actual or suspected
fraud. For example, Fraud including forgery, misappropriation, embezzlement, theft;
leakage of confidential information; falsification of records; abuse of authority
including gaining access to information that should not be accessible to the person;
discrimination between different employees of the company, employees of third
parties etc.
3
HMEL-Whistleblower Policy
4. Definitions
“Whistleblower” means a person who makes disclosure of events under this policy.
5. Guidance to Reporting
As far as employees are concerned, the Whistleblower policy and mechanism are not
meant to replace normal office protocol for communication and escalation of issues. A
Whistleblower is advised to follow the guidance set out below for reporting concerns:
At the first instant, bring the concern to the notice of his/her supervisor
If that does not help or if the concern is against the supervisor, then bring it
to the notice of Human Leadership
If the above do not result in any satisfactory response or action, the person
should use the Reporting channel mentioned in paragraph 6.
If an employee does not feel comfortable highlighting the concern to his/ her
supervisor or Human Leadership, he/ she can directly use the reporting channel
mentioned in paragraph 6.
The Director or employee shall have right to access Chairman of the Audit Committee
directly in exceptional cases and the Chairman of the Audit Committee is authorized to
prescribe suitable directions in this regard.
Third parties outside the company can highlight the concern directly using the
Reporting channel mentioned in paragraph 6.
A few points which should be kept in mind before or while reporting a concern:
4
HMEL-Whistleblower Policy
If an employee receives a complaint, he/ she should report it using the reporting
channel mentioned in paragraph 6.
All complaints/ disclosures will be received and recorded by the Ombudsperson. The
contact details of the Ombudsperson are enclosed herewith as Annexure 1.
On receipt of each complaint, the Ombudsperson will immediately inform the Ethics
Committee and the Audit Committee.
Ombudsperson will seek necessary advice and guidance as and when required from
the Ethics Committee in conducting necessary investigation.
On completion of the investigation, the Ombudsperson will send its report and
recommendations to the management of the Company and management will take
necessary action based on its procedures and the findings of the investigation report
received from Ombudsperson.
Ombudsperson will apprise the Audit Committee about the subject matter.
Employees are expected to co-operate with the Ombudsperson, Risk Assurance group/
outside agency as the case may be.
7. Confidentiality
All complaints received will be kept confidential and will be shared strictly on a ‘need
to know’ basis.
The Whistleblower, the defendant, committee members, investigators, third parties and
its employees and everyone else involved in the process shall:
5
HMEL-Whistleblower Policy
8. Protection
The Whistleblower will be provided the following protection under this policy:
9. False complaints
6
HMEL-Whistleblower Policy
7
HMEL-Whistleblower Policy
OMBUDSPERSON
HPCL-Mittal Energy Limited
INOX Towers,
Plot no. 17, Sector 16A,
NOIDA -201301 (UP)
T: +91-120-4634607
E-mail: wb@hmel.in
8
HMEL-Whistleblower Policy
Question Answer
What should I do if Use any of the following channels for reporting the complaint
I have a complaint Report it to your immediate supervisor/manager;
as an employee? If not satisfied on the action taken, speak with your
Human Leadership Manager;
If still not satisfied on the action taken, use the
reporting channels as mentioned in paragraph 6 of this
policy, with complete assurance on confidentiality of
information
What is the need of Whistleblower helpline is a means for employees and other
Whistleblower persons covered under this policy to confidentially and/or
helpline? anonymously, report any unacceptable practice, any event of
misconduct or any violation of its Code of Conduct/ other
policies or laws governing it.
Is there any time There is no time limit for reporting the case.
limit for reporting
a case? However, you are encouraged to report as soon as possible.
Is there any specific The complaint can be made from 9.30 am to 6 pm on official
time in which I working days if it is over phone, otherwise any time if it is by
have to make calls? email, post, courier etc.
9
HMEL-Whistleblower Policy
Question Answer
enforcement officials to investigate or respond
effectively;
Identification is required by law.
What should I do if You can report through the Whistleblowing channel mentioned
someone reports a in paragraph 6.
complaint to me?
*********
10
ANNEXURE TO
SCC
Guru Gobind Singh Polymer
Addition Project
-----------------------------------------------------------------------------------------------------------------
Page 1 of 1
CALIBRATION REQUIREMENTS OF STANDARD No.
151MTRY ENGINEERS MONITORING AND MESURING DEVICES AT
INDIA LIMITED 7-82-0002 Rev. 0
*igiriaRteg, (A Govt of India Undertaking) CONSTRUCTION SITES Page 1 of 5
CALIBRATION REQUIREMENTS OF
MONITORING AND MEASURING
DEVICES AT CONSTRUCTION SITES
'3-
0 28.04.2015 Issued as Standard
DJ /k MD SC
Standards Standards
Rev. Prepared Checked Committee Bureau
Date Purpose Convenor Chairman
No by by
Approved by
Abbreviations:
Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — An rights reserved
ENGINEERS CALIBRATION REQUIREMENTS OF STANDARD No.
e.if fetiaieU INDIA UMITED MONITORING AND MEASURING DEVICES 7-82-0002 Rev. 0
Iffllerr eleasteaxamni) Inda
ovt of
IAG AT CONSTRUCTION SITES
Undertalong)
Page 3 of 5
SI.
Description Calibration requirements Frequency Remarks
No.
A. Civil-Survey
Theodolite To check for permanent once in a year or Record to be
adjustments by traversing project duration maintained
and observing the closing whichever is earlier (See note below)
error
Levels To check by Backsight/ Every use Record to
Foresight readings, the be maintained
temporary adjustments of (See note below)
level
A.3. Steel measurement ---- ---- "Freemans"
tapes make or BIS
approved make
shall be used.
Mutilated, or
broken tapes
shall not be
used.
c. Marking on the
tape shall be
legible
Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved
CALIBRATION REQUIREMENTS OF STANDARD No.
ENGINEERS
INDIA LIMITED MONITORING AND MEASURING DEVICES 7-82-0002 Rev. 0
1.27.1eResrv mows° (A Govt. of India Undertaking)
AT CONSTRUCTION SITES Page 4 of 5
Sl.
Description Calibration requirements Frequency Remarks
No.
C. Mechanical/ Electrical/Welding
C.1 Pressure Gauges Calibration certificate from Once in 6 months Records to be
reputed laboratories or maintained
calibrate by dead weight
testers with standard weights
or with master Gauge
C.2 Dial gauges Check for Zero Error Whenever used ---
C.3 Dead Weight Calibration from As per Records
Tester manufacturer or reputed manufacturer's (Calibration
Calibrating agency. recommendation or certificate) to
Calibration certificate shall once in a six month be maintained
not be older than one month whichever is
from the date of earlier.
mobilization.
C.4 Vernier caliper/ Check for Zero error Whenever used ---
screw gauge
C.5 Holiday tester Calibration from Once in 6 months Records to
manufacturer or reputed be maintained
calibrating agency or by
calibrating by zeep meter.
SI.
Description Calibration requirements Frequency Remarks
No.
C.12 Variable current, Calibration Certificate from Once in Six Records to be
voltage and reputed months maintained
resistance laboratories
generators
C.13 Temperature/ Calibration from Once in Six Records to be
Pressure Recorders manufacturer or any months maintained
reputed calibrating
agency
C.15 Temperature Calibration Certificate Once in Six months To be discarded
gauges from reputed in case of damage
laboratories or malfunctioning
C.16 Thermocouples Manufacturer's Certificate or --- ---
Chemical Check
C.17 Vibration probes Calibration from Once in a year To be discarded
reputed laboratory in case of
damage or
malfunctioning
C.18 Decibel-meter Calibration from Once in a Year - do -
reputed laboratory
Note: If Error is found, it has to be sent to manufacturers or their agents for rectification
and certification & reputed laboratory shall be NABL accredited for relevant
testing.
Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved
ANNEXURE TO
SCC
Guru Gobind Singh Polymer
Addition Project
-----------------------------------------------------------------------------------------------------------------
Page 1 of 1
QUALIFICATION & EXPERIENCE STANDARD No.
fry NGINEERS REQUIREMENT OF KEY CONSTRUCTION 7-82-0003 Rev. 0
INDIAA LIMITED PERSONNEL AND PENALTY FOR THEIR
(A Govt of India Undertaking)
NON-MOBILIZATION Page 1 of 5
Abbreviations:
CV : Curriculum Vitae
EPC : Engineering, Procurement & Construction
EPCC : Engineering, Procurement, Construction & Commissioning
ISO : International Organization for Standardization
NDT : Non Destructive Testing
QA/QC : Quality Assurance /Quality Control
RT : Radiography Testing
UT Ultrasonic Testing
CONTENTS
Safety Officer/ Supervisor As per specification for HSE Management at construction sites enclosed elsewhere in the bid.
Quantity Surveyor Contract value (Rs) • < 20 Cr. works > 20 Cr. works
Degree holders 2 yrs. 5 yrs.
Diploma holders 5 yrs. 10 yrs.
Discipline Engineer (Including Degree in relevant Engineering Discipline with minimum 2 years of relevant experience in
construction or Diploma in relevant Engineering Discipline with minimum 4 years of relevant
welding/ NDT, QA/QC and
Planning) experience in Construction. Welding /NDT engineer shall possess valid Level-II certificate in
the relevant NDT methodology (RT/UT)
1. For Mechanical, Composite, EPC or EPCC Contracts of value more than Rupees 20 crores, the
Lead QA/QC Engineer shall be a qualified internal auditor for ISO 9001.
2. CVs of key construction personnel proposed to be deployed shall be submitted to
Owner/Engineer-in-Charge prior to their mobilization at site. The mobilization of key
personnel shall be done at site subject to prior approval of their CVs by Owner/Engineer-in-
Charge.
Penalty for non-mobilization per day per person after the contractual mobilisation period /
mobilisation schedule agreed during Kick off Meeting / jointly agreed between contractor
and PMC / owner based on front availability etc.
- Rs. 3000/- for Lead QA/QC Engineer, Lead Planning Engineer, Warehouse In-charge Lead
Discipline Engineer, Lead Welding/ NDT Engineer and the Quantity Surveyor
Page 1 of 1
SPECIFICATION FOR QUALITY STANDARD SPECIFICATION No.
ENGINEERS MANAGEMENT SYSTEM 6-78-0001 Rev. 1
lakgINDIA LIMITED REQUIREMENTS FROM
mren ewaire mjvam) (A Gavt at India Undertaking)
BIDDERS Page 1 of 7
QMS QMS
1 12.03.15 General Revision Standards Standards MPJ SC
Committee Committee
QMS QMS
0 04.06.09 Issued as Standard Specification Standards Standards SCT ND
Committee Committee
Standards Standards
Committee Bureau
Rev. Checked
Date Purpose Prepared by Convener Chairman
No by
Approved by
Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved
ENGINEERS SPECIFICATION FOR QUALITY STANDARD SPECIFICATION No.
Abbreviations:
CV Curriculum Vitae
ISO International Organization for Standardization
MR Material Requisition
PO Purchase Order
PR Purchase Requisition
QA Quality Assurance
QMS Quality Management System
CONTENTS
1.0 SCOPE
2.0 DEFINITIONS
2.1 Bidder
For the purpose of this specification, the word "BIDDER" means the person(s), firm,
company or organization who is under the process of being contracted by EIL /
Owner for delivery of some products (including service). The word is considered
synonymous to supplier, contractor or vendor.
2.3 Owner
Owner means the owner of the project for which services / products are being
purchased and includes their representatives, successors and assignees.
Unless otherwise agreed with EIL / Owner, the BIDDER proposed quality system
shall fully satisfy all relevant requirements of ISO 9001 "Quality Management
Systems — Requirements." Evidence of compliance shall be current certificate of
quality system registration to ISO 9001 or a recent compliance audit recommending
registration from a certification agency. The quality system shall provide the
planned and systematic control of all quality related activities for execution of
contract. Implementation of the system shall be in accordance with BIDDER'S
Quality Manual and PROJECT specific Quality Plan.
5.2 BIDDER shall identify all specified or implied statutory and regulatory requirements
and communicate the same to all concerned in his organization and his sub
contractor's organization for compliance.
5.3 BIDDER shall deploy competent and trained personnel for various activities for
fulfillment of PO / contract. BIDDER shall arrange adequate infrastructure and work
environment to ensure that the specification and quality of the deliverable are
maintained.
5.4 BIDDER shall do the quality planning for all activities involved in delivery of order.
The quality planning shall cover as minimum the following:
Resources
Product / deliverable characteristics to be controlled.
Process characteristics to ensure the identified product characteristics are
realized
Identification of any measurement requirements, acceptance criteria
Records to be generated
Need for any documented procedure
The quality planning shall result into the quality assurance plan, inspection and test
plans (ITPs) and job procedures for the project activities in the scope of bidder.
These documents shall be submitted to EIL/Owner for review/approval, before
commencement of work.
5.6 BIDDER shall plan and carry production and service provision under controlled
conditions. Controlled conditions shall include, as applicable
5.7 BIDDER shall validate any processes for production and service provision where
resulting output cannot be verified by subsequent monitoring and measurement.
This includes any process where deficiencies become apparent only after the
product is in use or service has been delivered.
5.8 BIDDER shall establish a system for identification and traceability of product /
deliverable throughout product realization. Product status with respect to inspection
and testing requirements shall be identified.
Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved
ei ENGINEERS SPECIFICATION FOR QUALITY STANDARD SPECIFICATION No.
5.9 BIDDER shall identify, verify, protect and safeguard EIL / Owner property (material /
document) provided for use or incorporation into the product. If any Owner / EIL
property is lost, damaged or otherwise found to be unsuitable for use, this shall be
reported to the EIL / Owner.
5.10 BIDDER shall ensure the conformity of product / deliverable during internal
processing and delivery to the intended destination. Requirements mentioned in the
tender shall be adhered to.
5.11 BIDDER shall establish system to ensure that inspection and testing activities are
carried out in line with requirements. Where necessary, measuring equipments
shall be calibrated at specified frequency, against national or international
measurement standards; where no such standard exists, the basis used for
calibration shall be recorded. The measuring equipments shall be protected from
damage during handling, maintenance and storage.
5.12 BIDDER shall ensure effective monitoring, using suitable methods, of the processes
involved in production and other related processes for delivery of the scope of
contract.
5.13 BIDDER shall monitor and measure the characteristics of the product/deliverable to
verify that product requirement has been met. The inspection (stage as well as
final) by BIDDER and EIL / Owner personnel shall be carried out strictly as per the
ITPs forming part of the contract. Product release or service delivery shall not
proceed until the planned arrangements have been satisfactorily completed, unless
otherwise approved by relevant authority and where applicable by Owner / EIL.
5.14 BIDDER shall establish and maintain a documented procedure to ensure that the
product which does not conform to requirements is identified and controlled to
prevent its unintended use or delivery
5.16 All deficiencies noticed and reported by EIL / Owner shall be analyzed by the
BIDDER and appropriate corrective and preventive actions shall be implemented.
BIDDER shall intimate EIL / Owner of all such corrective and preventive action
implemented by him.
5.17 BIDDER should follow the standards, specifications and approved drawings.
Concessions/Deviations shall be allowed only in case of unavoidable circumstances.
In such situations Concession/deviation request must be made by the BIDDER
through online system of EIL eDMS. URL of EIL eDMS is
http://edocx.eil . co . in/vportal.
5.19 All project records shall be carefully kept, maintained and protected for any damage
or loss until the project completion, then handed over to EIL / Owner as per contract
requirement (Refer Specification Nos. 6-78-0002 - Specification for Documentation
Requirements from Contractors and 6-78-0003 - Specification for Documentation
Requirements from Suppliers), or disposed as per relevant project procedure.
6.0 AUDITS
BIDDER shall plan and carry out the QMS audit for the job. Quality audit programme
shall cover design, procurement, construction management and commissioning as
applicable including activities carried out by sub-vendors and sub-contractors. This
shall be additional to the certification body surveillance audits carried out under
BIDDER'S own ISO 9001 certification scheme.
The audit programmes and audit reports shall be available with bidder for scrutiny
by EIL / Owner. EIL or Owner's representative reserves the right to attend, as a
witness, any audit conducted during the execution of the WORKS.
In addition to above EIL, Owner and third party appointed by EIL/Owner may also
perform Quality and Technical compliance audits. BIDDER shall provide assistance
and access to their systems and sub-contractor / vendor systems as required for this
purpose. Any deficiencies noted shall be immediately rectified by BIDDER.
BIDDER shall submit following QMS documents immediately after award of work
(Within one week) for record / review by EIL / Owner.
Organization chart (for complete organization structure and for the project)
Project Quality Plan/Quality Assurance Plan
Job specific Inspection Test Plans, if not attached with PR
Job Procedures
Inspection/Test Formats
Quality Manual
Certificate of approval for compliance to ISO: 9001 standard
Procedure for Control of Non-conforming Product
Procedure for Control of Documents
Sample audit report of the QMS internal and external audits conducted during
last one year
Customer satisfaction reports from at least 2 customers, during the last one
year
Project QMS audit report
Technical audit reports for the project
Corrective action report on the audits
Page 1 of 1
SPECIFICATION FOR STANDARD SPECIFICATION No.
101 ENGINEERS DOCUMENTATION
g
** el!2RAfi'aA
IAIRON
g
Meavow INDIA LIMITED
IA GoN. Of India Undeftakingi
REQUIREMENTS FROM
6-78-0002 Rev. 1
CONTRACTORS Page 1 of 8
-4-4-<R1 51(t)01
tr-g 1-4-4vr
SPECIFICATION FOR
DOCUMENTATION REQUIREMENTS
FROM CONTRACTORS
QMS QMS
1 12.03.15 General Revision Standards Standards MPJ SC
Committee Committee
QMS QMS
0 04.06.09 Issued as Standard Specification Standards Standards SCT ND
Committee Committee
Standards Standards
Prepared Checked Committee Bureau
Rev.
Date Purpose by by Convener Chairman
No
Approved by
Abbreviations:
Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved
CONTENTS
Attachments
1.0 SCOPE
All documents/data against the Tender / Contract shall be developed and submitted
to ElUOwner by the contractor for review / records, in line with this specification.
2.0 DEFINITIONS
2.1 Contractor
For the purpose of this specification, the word "CONTRACTOR" means the
person(s), firm, company or organization who is under the process of being
contracted by EIL / Owner for delivery of some products and services. The word is
considered synonymous to bidder, supplier or vendor.
2.2 Owner
Owner means the owner of the project for which services / products are being
purchased and includes their representatives, successors and assignees.
4.1.1 The contractor shall submit the documents and data against the Tender/Contract as
per the list specified in respective Tender/Contract.
4.1.2 Review of the contractor drawings by EIL would be only to review the compatibility
with basic designs and concepts and in no way absolve the contractor of his
responsibility/contractual obligation to comply with Tender/Contract requirements,
applicable codes, specifications and statutory rules/regulations. Any error/deficiency
noticed during any stage of manufacturing/execution/installation shall be promptly
corrected by the contractor without any extra cost or time, whether or not comments
on the same were received from EIL during the drawing review stage.
QMS - 1week
Drawing/Document Control Index - 2weeks
Other Documents/Drawings - As per approved Drawing/Document Control
Index/Schedule
4.2.1 All Documents shall be in ENGLISH language and in M.K.S System of units.
4.2.2 Before submitting the drawings and documents, contractor shall ensure that the
following information are properly entered in each drawing:
Tender Number
Name of Equipment / Package
Equipment / Package Tag No.
Name of Project
Owner
Main Contractor (if work is sub-contracted)
Drawing / Document Title
Drawing / Document No.
Drawing / Document Revision No. and Date
Format No. 8-00-0001-F1 Rev. 0 Copyright EIL—All rights reserved
Note: Non fulfilling above requirement shall result into appropriate penalty or with-
holding of payment as per conditions of Tender/Contract.
Final Documents shall be legible photocopies in A4, A3 size only. Drawings will be
inserted in plastic pockets (both sides transparent, sheet thickness minimum 0.1 mm)
with an extra strip of 12 mm wide for punching so that drawings are well placed.
Final Documentation shall be bound in hard board plastic folder(s) of size 265 mm x
315 mm (10 1 /2 inch x 12 1 /2 inch) and shall not be more that 75 mm thick. It may be of
several volumes and each volume shall have a volume number, index of volumes and
index of contents of that particular volume. Where numbers of volumes are more,
90mm thickness can be used. Each volume shall have top PVC sheet of minimum
0.15 mm thick duly fixed and pressed on folder cover and will have 2 lever clips. In
case of imported items documents, 4 lever clip shall also be accepted. All four corners
of folders shall be properly metal clamped. Indexing of contents with page numbering
must be incorporated by contractor. Spiral/Spico bound documents shall not be
acceptable. As mentioned above, books should be in hard board plastic folders with
sheets punched and having 2/4 lever clips arrangement.
Each volume shall contain on cover a title block indicating Tender No., name of project,
name of customer, package equipment tag no. & name (if applicable). Each volume
will have hard front cover and a reinforced spine to fit thickness of book. These spines
will also have the title printed on them. Title shall include also volume number (say 11
of 15) etc.
Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved
SPECIFICATION FOR STANDARD SPECIFICATION
laraeles ENGINEERS DOCUMENTATION No.
Ogell 22-eg W INDIA LIMITED 6-78-0002 Rev. 1
(A Govt of India Undertaking) REQUIREMENTS FROM
CONTRACTORS Page 8 of 8
Name of Supplier/Contractor
Customer
Project
EIL's Job No.
Purchase Order No./
Contract No.
Tag. No.
Supplier's/ Contractor's
Works Order No.
Certified that the Engineering Documents/ Manufacturing & Test Certificates submitted by the
supplier are complete in accordance with the Vendor Data Requirements of Purchase
Requisition.
Signature Signature
Date Date
Name Name
Designation Designation
Department Department
Supplier/Contractor EIL/TPIA
arTilittl/APPROVED
gTffTeR/ Sig
eilegiltk
tvi . ...........
.....
4/ Name: ......... .. . ......
..................
f4-41--/ Date: ..... ••••••• .... ......
Format No. 3-78-0004, Rev. 1/ 12.03.2015 Copyright EIL — All rights reserved
ANNEXURE TO
SCC
Guru Gobind Singh Polymer
Addition Project
-----------------------------------------------------------------------------------------------------------------
Page 1 of 1
®
HMEL
HPCL·Mittal Energy Limited
HPCL·Mittal Pipelines Limited
9111·000·HSE·006·00007 ·Rev·2
This document is confidentiai. Neither the whole nor any part of this document may be disclosed to any third party without the prior written consent of HPCL-MITTAL ENERGY LTD.
The copyright of this document is vested in HPCL-MITTAL ENERGY LTD. All rights reserved. Neither the whole nor any part of this document may be reproduced, stored in any
retrieval system or transmitted in any form or by any means (electronic, mechanical, reprographic, recording or otherwise) without the prior written consent of the copyright owner.
01 17 -Dec-13 Revised, mandatory PPE specified, tools and equipment checking included, definitions also
revised to include PSM incidents, scaffolding section revised to align with new procedures,
finaricial penalty for non-conformance of H&S appended, Guideline for contractor labour
camps included.
02 16-May-17 • Detailed requirements for things like PPE, training, lifting equipment, scaffolding etc.
moved to appendix to improve flow of main procedure
• New section added to cover commitment to incident and injury free (IIF)
• Safety management system section modified to tie in with our contractor auditing
procedure
• More clearly defined Roles & responsibility of Site In charge, safety officer & Store
keeper
• Additional vehicle & Mobile equipment requirements incorporated
• Specific form introduced for contractor safety reporting
• Restriction on the old cranes and heavy equipment
• Current version of HMEL safety policy included
• Changes to the minimum standards for labour colonies
Note:
The Owner of this document is department H&S at Bathinda. Please contact AM- H&S for any clarifications, updates or revisions.
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Appendices
Appendix A HMEL HSEQ Policy 19
Appendix B Penalty Clause for Non-Compliance of H&S norms 20
Appendix C Roles & Responsibility 22
Appendix D Trainings 24
Appendix E Safety Procedures 26
Appendix F Lifting Equipment & Requirement 37
Appendix G Definitions of Classification of Injuries / Incidents 40
Appendix H Contractor Monthly Safety performance report 43
Appendix I Guidelines for Establishing Labour Camps & Welfare Facilities 45
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1.0 Purpose
To define basic safety rules, regulations and minimum requirements that contractors are to comply
with to ensure the Health and Safety of contractors employees and any other persons who may be
affected by activities that the contractor undertakes, to ensure effective safety measures are
implemented and ensure that all necessary precautions are taken to protect the environment.
2.0 Scope
All contractors have to maintain minimum health and safety standards and to ensure this, two
documents have been made - in simple terms this document covers construction projects and larger
/ regular contracts and there is a separate document covering smaller and simpler contract work.
Contractors will be notified which contractor safety document applies to their activities but as a guide
the following activities will come within the scope of this document:-
• All construction projects other than minor works (e.g . small building maintenance / repair work)
• All O&M contractors doing routine work in plant areas
• Any contractor with more than 50 people on site in total (e.g. housekeeping contractors, catering)
This document would not apply to the followihg (but the procedure for smaller contract works
would apply)
• Smaller service contractors (e.g. repairing office equipment & pantry equipment)
• Small events (e.g. erection of tents / catering for events)
• Minor construction / maintenance work (single job of short duration with less than 50 people)
• Manpower supply contracts / Smaller resident contractors (e.g. medical service provider)
3.0 HMEL Health and Safety-Incident and Injury Free (IIF) Requirement
HMEL is an Incident and Injury Free workplace, we are known for this. HMEL management is
committed for an IIF incident and injury free workplace. Safety here is value based and is one of our
core values rather than something we have to do for compliance. As a core value it is not something
which can be prioritized. We are serious about no one getting hurt.
We want you to work with us in an IIF way. It is about everybody going home safely EVERYDAY
and we MEAN it.
We want all the workers to take care of themselves and others around them. It is about caring for one
another and demonstrating that care on a daily basis. It is about taking responsibility for your own
safety and those that work with you and around you . IIF promotes building relationships with others to
. accomplish more. All workers need to understand the workplace hazards and control the risks so that
nobody should be at risk.
IIF culture promotes anybody at site to speak up about the safety concerns. IIF promotes stopping
unsafe work·lf somebody sees something that is unsafe they should speak up immediately,
there and then, to his/her foreman or supervisor, no matter whom - no matter what.
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A commitment to incident and injury free requires personal stand taking where individuals hold
themselves responsible for not only their own safety and well-being but for that of everyone else, We
want your company to support your supervisors and all workers for working in an IIF way, Supervisors
should actively support Management's commitment to Incident and Injury-Free
With IIF, the deliverables are not only good safety culture, but also quality, adherence to schedules-
productivity and team work,
We want you all to be aligned with us. We also want the senior leadership team from your
company to have their personal commitment for working in an IIF way. The whole objective of
working in an IIF way is on YOU, your well-being and your safety, We need your involvement, help
and personal commitment.
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We aim to achieve this through IIF initiatives and all contractors are expected to take and active
part in this.
The above aspirations shall be extended to all personnel involved in the work and to all work areas.
HMEL will audit and review Contractor's facilities, services and/or performance of its activities in
respect of compliance with the approved H&S Plan for the work.
The contractor shall adhere consistently to all provisions of H&S requirements. In case of non-
compliance or failure in implementation of any of the H&S requirements, HMEL reserve the right to
impose financial penalties as defined in Appendix B.,
Anyone working in refinery shall have the right to stop the work if they witness or identify any unsafe
practices either by Contractor or their Subcontractors. Contractor shall have a process to review,
remedy and record such violations. Work may only resume when authorized by HMEL H&S Manager.
Any associated downtime costs shall be borne by Contractor.
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I) That regular H&S audits and reviews will be scheduled, comprehensive incident reporting will be
achieved and a system of continuous improvement will be implemented for the management of H&S.
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H&S Communications
Contractor shall, where applicable, ensure before commencing the work that all companies,
organizations and communities that could potentially be affected by such activity have been notified .
Contractor shall conduct safety committee meetings including subcontractors headed by RCM/site in
charge at least once in a month, attendance to be recorded and minutes of meeting to be produced .
Contractor shall conduct daily toolbox meetings at work areas, records of toolbox meeting, attendees
and feedback to be maintained. Written notes of key points of all toolbox topics to be prepared in
advance & trained all supervisors before delivering to the workers.
Supervisor to do pre safety discussion with the workers (supervisors will be trained on this as a part
of their IIF training).
HMELlHMPL had a special briefing on the first day of the month and attendance s mandatory for all
workers.
Where applicable, Contractor's arrangements for emergency communications shall be integrated with
the requirements of the Site / Work Area and third parties.
Any individual worker shall have the right, to identify and report to their Supervisor, work that they feel
is being done unsafely. Contractor shall have a process to review, remedy and record such action.
Quality of tool box talks to be .checked by the EIC by participating the tool box talk randomly at job
location.
Contractor shall regularly attend the HMELlHMPL monthly contractor safety meeting.
Pre work talk which is specific & covers hazard of the task need to be done by the team on a particular
day should be done in small group by supervisors.
Management of Subcontractors
Contractor shall be held accountable for the H&S performance of their Subcontractors, including
provision of required PPE. Contractor shall ensure that all its Subcontractors receive a copy of, and
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comply with the requirements of, the Contractor's Project H&S Plan approved by HMELlHMPL. All
aspects of this document shall equally apply to subcontractors.
Contractor shall review all Subcontractors' bid packages for full compliance with Contractor and
HMELlHMPL H&S requirements before any award.
For each Subcontractor, Contractor shall provide official notice in writing to HMELlHMPL-EIC, Safety,
HL and Security for the arrangements under which the Subcontractor will be either integrated into, or
interface with, the Contractor H&S Plan including measures taken by Contractor or Subcontractor to
ensure satisfactory subcontractor H&S performance.
Subcontractor shall provide Contractor with a H&S Plan that is in compliance with Contractors H&S
Plan unless under the direct control of the Contractor. The Subcontractor H&S Plan shall be approved
by Contractor and reviewed by HMEL.
Contractor shall ensure that each subcontractor has an adequate number of full-time H&S
representative's onsite to provide appropriate coverage for the work being undertaken. Each
subcontractor shall have at least one full time H&S representative unless the activities of such
subcontractor are under the direct control and supervision of the Contractor H&S Manager, in which
case the subcontractor shall designate one of its employees as H&S Coordin'ator to represent the
subcontractor in H&S matters. All H&S representative should write, speak & understand the English
language fluently.
Contractor shall proactively lead all subcontractors in H&S awareness.
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Contractor's senior management from head office shall conduct safety audit at least every six months
& review performance against their company-wide H&S objectives and targets. In addition,
Contractors shall regularly review their H&S Manag~ment System, H&S policies and H&S strategic
objectives to ensure their continuing adequacy ·and effectiveness. Contractor management shall
update H&S management controls based on the findings and shall provide HMELlHMPL with revised
documentation for review and approval.
HMELlHMPL reserve the right to attend such inspections/audits.
HMELlHMPL will conduct yearly safety audit of contractor safety management system at their site
/fabrication yard . Contractor need to submit detail action plan for closure of all findings within time
bound manner & provide the closure status on monthly basis according to action plan.
All contractors are expected to reach a minimum of 3 stars (out of maximum 5 star) in this audit &
companies scoring less than this will be expected to show rapid improvement to reach the 3 star level.
Any company scoring less than ·2 star will be prohibited from applying for further work with
HMELlHMPL.
Contractor shall provide all input and support as HMELlHMPL deems necessary to ensure all H&S
activities (audits, inspections, etc.) that HMELlHMPL initiates are successfully carried out and the
actions arising are closed out to HMELlHMPL's satisfaction.
This shall include unrestricted access at all reasonable times to the personnel facilities, equipment,
materials, and records of the Contractor and any Subcontractor (subject only to any statutory or
contractual obligation prohibiting disclosure of any such records by the Contractor or privileged
information). Contractor's Personnel shall be available for interview as part of HMELlHMPL's audits
and reviews.
Upon request, Contractor shall supply HMELlHMPL with copies of all reports and documents
regarding H&S matters that it is required by legislation to maintain together with such other reports
and information as HMELlHMPL may require.
Contractor shall maintain and make available for inspection upon request all registers, records and
any other dO,cumentation on environmental aspects of the activities being carried out or on the
environment management system implemented by Contractor.
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Incident Investigation
a. Contractor shall interface with HMEL's Incident Reporting, and Investigation requirements.
b. Contractor shall immediately investigate and act upon any incidents notified by HMELlHMPL.
c. Contractor shall investigate all incidents as required using appropriate skilled personnel, with
leadership from outside the project if required.
If possible following an incident, the scene / debris should be left untouched for inspection by accident
investigators / loss adjusters. No attempt should be made to repair items damaged during an incident
which resulted in an accident or casualty. However, where good housekeeping and safety
considerations preclude this, then records of the incident (including photographs, witness statements,
etc.) must accurately describe and corroborate the detailed particulars of the incident. If moved prior
to inspection, debris should be retained for examination wherever possible.
d. Contractor shall provide HMELlHMPL with a copy of any report or statement or written evidence
concerning any accident, incident, medical condition, dangerous event or near miss which occurs
during the performance of the Work or within HMELlHMPL premises (or any other information
indicating the existence of adverse H&S conditions of which Contractor's Personnel may become
aware) by end of shift.
e. All incidents including HIPO near miss shall be subject to full root causes investigation by the
Contractor and a fully detailed report provided to HMELlHMPL within seven (7) Days of the incident.
HMELlHMPL reserves the right to participate in any incident investigation led by the Contractor in
connection with the work.
f. HMELlHMPL reserves the right to investigate any incidents, wherever they occur, and shall have
unrestricted access at all reasonable times to the scene of the incident, personnel and records of the
Contractor and any Subcontractor for this purpose (subject only to any statutory or contractual
obligation prohibiting disclosure of any such records by the Contractor or privileged information).
Contractor shall include in all subcontracts rights of access for HMELlHMPL as described herein.
g. Contractor shall co-operate and participate as necessary with any HMELlHMPL-led investigation of
such incidents.
h. Contractor shall document and report immediately to HMELlHMPL any incidents of environmental
damage, any unforeseen activity or event which could have led to environmental damage, pollution
and uncontrolled release of hydrocarbons or other hazardous chemicals, breaches or potential
breaches of environmental regulations or complaint from local groups, organizations including
enforcement agencies or individuals.
All incident investigation reports shall clearly describe the corrective actions to be implemented in
response to an incident. HMELlHMPL reserves the right to review and approve the actions to be
implemented.
Contractor shall maintain an effective follow-up procedure to ensure the recommendations of incident
investigations are fully implemented and shall inform HMELlHMPL of progress of implementation of
such recommendations. '
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Contractor shall implement an Incident and injury free culture (IIF) on site aiming at:
h) Indigenous diseases applicable to the country and to the specific location of the Site (e.g. HIV/AIDS,
malaria, etc.) .
Contractor shall conduct a Health Risk Assessment of the Facilities operation, as part of the design of
the Facilities. Contractor shall adopt risk management measures in the design to reduce the risk of
harm to personnel employed in the operation and maintenance of the plant to as low as reasonably
practicable.
Contractor and their Subcontractors shall ensure that noise levels from .plant, equipment and
processes for which they are responsible are reduced at source, to below eighty-five (85) dBA at 1 m.
Exceptions to the noise level allowed shall be notified to HMEL for approval.
Where noise levels exceed eighty-five (85) dBA at 1 m or time weighted exposures over accepted
international standards (maximum levels shall be 85 dBA over an average 8 hour working day;
equivalent to 82 dBA for a 12 hour day), these areas shall be adequately marked and suitable hearing
protection shall be provided to persons who are exposed to the high noise levels.
Contractor and Subcontractor personnel who may be exposed to high noise levels shall have an audio-
metric baseline established and annual monitoring to detect hearing abnormalities.
Contractor shall provide adequate washing and toilet facilities or ensure access to the. same for the
entire workforce including any Subcontractors, visitors, etc. These facilities sh~1I be cleaned,
disinfected and maintained regularly and the disposal of sanitary waste shall conform to statutory
requirements. '
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APPENDIX A
~HME E
HPCl-Mitta l Energy limited and its subs idi aries (HMEl Group) are comm itted, as part
of its core value s, to conduct a ll busine ss activiti es in a so cially r esponsible m ann er to
protect h ealth, well -being and safety of our emp loyees, the commu nities arou nd,
environment and assets, and excee d sta k e hold ers and customers expecta t ion . HMEL
·Group requires active co mmitm ent to and acc ountability for HSEQ from 'all
emp loyees, contractors, and bu sine ss associates. The lin e managem e nt has a
leadership role in the communication and impl ementat ion of, and en suring
comp li ance with, HSEQ polici es and standards.
./ Integrate HSEQ as pects and su stainabl e d eve lopment principles in our Injury,
unsafe practice s, occupational illness, envi ronm e ntal and quality bu sin ess plan s
./ A ssess and minimi ze ri sks from our activities with th e aim of prevention o f
injury, ill health and e nvironm enta l damage
./ Educate, train, motivate and empower employees to conduct their activities in
a safe, env ironmenta lly respons ib le and quality o ri ented manner at all the
times during their emplo ym ent
./ Efficiently u se e n ergy and res ources, minimize wa ste, and prevent pollutIon
./ W ork with our sup pli ers, partners and customers to mutua lly improve HSEQ
p e rformance
./ Foster openness, dia logue and co n sultation w it h our em ployees and
stakeho lde rs
./ Strive to cont in ua lly improve h ea lth, safety, environmenta l and qua lity
management systems and performances to h e lp achi eve the compa ny goa l of
bu sin ess exce ll e n ce .
./ Prov ide quality products that meet or excee d customer requirement
./ Com ply with or exceed a ll applicable legal and other requireme nts
f l1tvd;:~
Martin Hawklns- COO ( rfrttb-
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Prabh Das - MD & CEO
th
19 September 201 S
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APPENDIX ·B
PENALTY CLAUSE FOR NON·COMPLIANCE TO H&S NORMS
HMELlHMPL's intention is to work in partnership with the contractors to create an incident and injury
free workplace and fines will not normally be imposed for safety violations. However where there are
repeated violations and contractor fail to comply with the required standards, HMELlHMPL reserves
the right to impose fines as per table below: -
Unsafe electrical practices which could include but not limited to:
A, not installing ELCB,
B, using taped cable joints,
4 C, using naked wire without top plug into socket, RS.5000/- per item
0, no earthing
E, other
Working at heighi without fall protection, e.g. double lanyard full body
harness, latching on with lanyard,' using non-certified scaffolding (signed and
5 Rs.20,OOO/-
valid green tag)
Use of any lifting equipment, tools or tackles which does not have a valid third
8 party inspection certificate (TPI) RS.20,000/-
Traffic rules violations like over speeding of vehicles, rash driving, wrong
9 parking, not using seat belts, vehicles not fitted with reverse warning alarms. Rs. 2,000/- per occasion.
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Note.
In the event of repeated non·conformances/violations then further higher penalties will be imposed
as agreed by Engineer in Charge (EIC) and VP·H&S
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APPENDIX·C
ROLES & RESPONSIBILITY
Contractor's management shall clearly defined roles & responsibility which should include the
following safety points:-
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h. Shall review & report all EHS performance and issues routinely to ReM/Site Incharge for correction &
maintain record for the same.
i. Shall assist the ReM/Site Incharge in conducting safety audit & meetings & maintain the record of the
same.
j. Shall record and investigate all incidents reported on the work site including the Near miss and submit
the report to HMELlHMPL safety department.
k. Ensure that firefighting equipment & first aid facilities are maintained and available at work site.
I. Regularly attend the safety meetings organized by HMELlHMPL & make workforce aware about the
action points of the meetings.
m. Shall update the H&S manual, procedures & JSA/RA's as and when required & submit the updated
copy to HMELlHMPL Engineer Incharge &Safety department for review & approval.
n. Shall record the H&S performance and submit the report to safety department on monthly basis.
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APPENDIX D
TRAININGS
Mandatory HMEL training, all workers to have safety induction and 4hrs IIF orientations workshop. All
supervisors to undergo IIF supervisory skill training modules. Contractor should have their own
induction which should be tailored to the skills and experience of the workers.
Contractor shall use the Safety Induction & IIF training as a first step in educating the workforce in
H&S requirements which includes work force of subcontractor also. Contractor shall have an ongoing
program of H&S training, and shall establish a workforce training plan for company review.
The orientation program shall be frequently updated to reflect the work currently in progress, and the
risks envisaged. All elements of this orientation shall be reinforced during ongoing training and daily
"tool box" talks.
Any worker whose job will involve going into operational areas and have not worked in a refinery or
equivalent environment previously must be given specific additional safety training to prepare them
for working before being allowed to go to the site.
Examples of further training such as may be required by selected members of the workforce shall
include, but not be limited to, the following :
a) Safe work practices, Permit to work (PTW)
b) Working at height and fall protection equipment
c) Job Safety Analysis (JSA)
d) Management and Supervisory enhanced H&S training
e) Handling of substances hazardous to health (chemicals, radioactive sources)
f) Confined Space entry
g) Lock out / tag out tryout (LOTO TO)
Formal No. 9111-000-PCT-007-00006 Rev-OO
Revision 02
HPCL·Mittal Energy Ltd. I HPCL·Mittal Pipelines Ltd.
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H&S training program shall be frequently updated as may be required to reflect the current stage of
assigned work, the work currently in progress, and the risks envisaged.
Contractor shall provide the adequate facilities &ensure availability of trainer to organize the training
programs. The contractors should identify the different languages spoken be their workers/ sub-
contractors workers and ensure training is carried out in a language they can understand.
Contractor shall ensure that all supervisors & safety officers shall undergone in training sessions
organized by HMELlHMPL.
Contractor shall maintain all the records and made available for review up on request.
HMELlHMPL reserved the right to review material &records of all training program conducted by the
contractor available for review up on request.
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Appendix E & F give an outline of the key requirements of relevant HMEL safety
procedures. For additional details the HMEL safety department should be
consulted.
APPENDIX·E
SAFETY PROCEDURES
1. Basic H&S Rules
Contractor shall provide all its employees and Subcontractors with basic H&S rules based on and
developed from HMELlHMPL's requirements.
Contractor shall ensure that all Contractor and Subcontractor personnel and visitors to the work areas
shall abide by all health, safety, security and environmental rules of the Company when entering,
working at and leaving the work areas,
Basic site rules will include but not limited to the following:
• When entering the ISBL area mandatory personnel protective equipment (PPE) must be worn (Safety
Helmet, Ear Plug/Muff, Safety Shoes, Safety Glasses, Safety Shoes & Coverall),
• Be aware of hazards around you at all times
• Do not allow others to work unsafe
• Do not touch/interfere with plant or machinery equipment's if you are not authorized to do so,
• Inspect all tools and equipment daily before use
• Do not take short cuts
• No tampering /disabling of any safety devices
• No throwing of objects/materials from any heighUlevel
• Maximum speed limit (25 km/hr) must be followed
• Vehicles to be driven with due care and attention at all times
• Vehicles to be fitted with good quality PESO approved spark arrestors
• All the vehicle accessories (Tyre, wind screen, reverse horn, indicators) of the vehicle to be
maintained healthy,
• Seat belts to be available for all seats and be worn by all passengers,
• Daily vehicle inspection checklist to be filled in for all the vehicles by the driver/operators,
Personnel in breach of this rule shall not be allowed future access to Site under any circumstances,
Similarly, anyone attempting to gain access to the Site while under the influence of alcohol or drugs
shall not be allowed future access, Contractor shall develop a disciplinary code of practice and take
appropriate disciplinary action as warranted,
Contractor should have a policy in place regarding drug/alcohol test for workers,
HMELlHMPL reserves the right to carry out random drug/alcohol screening (dope test) of persons
entering HMELlHMPL sites, or for any person/persons who is suspected to be under the influence of
drugs or alcohol shall restricted for future entry to refinery premises, If anybody under medication
which may affect their ability to do their work safely, must inform the OHC/doctor prior to work,
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2. PPE Requirements
Any PPEs required to do the job must be provided to the worker Free of cost. In addition Contractor
shall ensure that PPE is provided for Subcontractor personnel, Company personnel and other visitors
to the work areas. As a minimum, all personnel and visitors to the Work Areas shall wear a hard hat,
eye protection, safety gloves, safety footwear, hearing protection and overalls. Contractor shall ensure
that there are adequate stocks of PPE at the work areas at all times.
Contractor shall put in place a procedure for recording issue of PPE to personnel together with follow
up inspection and replacement.
Contractor shall provide their workforce with the following mandatory PPE items, and where
applicable/required such additional PPE to be provided and shall ensure that the items meet
international standards:
Mandatory PPE's
a) Safety helmet (hard hat)
b) Safety glasses/goggles
c) Coveralls (ideally made of Nomex or equivalent flame retardant material, otherwise made of pure
cotton).
d) Safety boots
e) Gloves
D Ear plugs/muff
Additional task specific PPE's
a) Safety harness
b) Personal floatation devices
c) Special equipment for hazardous / unusual activity.
d) Dust masks
e) High visibility vest or reflective bands on coveralls
Contractor shall conduct risk assessments for all activities requiring the use of PPE, determine the
specification of the required PPE, and provide additional and/or specialist PPE as required (e.g . safety
harnesses, hearing protection, dust masks, respirators) . Requirement of additional PPE will be defined
in standard operating procedures, job safety analysis, chemical safety instruction sheet or permit to
work.
HMEL had problems with the contractor providing their workers cheap &substandard PPE's, so we
have developed a list of approved PPE from specific vendors and this is available with HMEL safety
team . Contractor who want to use other PPE must get written approval from the HMEL safety
manager, before use of the PPE at site. This approval will be given after contractor demonstrate that
PPE is of suitable quality.
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ensuring that all the recommended precautionary measures are in force and been strictly adhered to
at all times.
For radiography activity authorized radiographer shall request radiography permit after undergoing
work permit training & authorization process.
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Contractor shall maintain an inventory of all chemical substances supplied to Work Areas, together
with a MSDS, for each chemical substance. No chemical substances shall be allowed to enter the Site
without prior review of the current MSDS by Contractor's H&S Officer. The MSDS shall be retained
by incoming goods receipt, and copied to the user on issue (in a suitable language for the Workers
using the chemicals).
Contractor and Subcontractor shall prepare health hazard assessments regarding any hazardous
substance likely to be used or generated during the Work, including details of precautions taken.
Personnel engaged to work with hazardous substances shall be ·properly trained on associated
hazards, take appropriate precautions, be provided with the recommended PPE and have access to
Material Safety Data Sheets (MSDS).
Contractor shall conduct risk assessment of personnel exposure to hazardous substances during the
operating phase of the Facilities and shall seek to eliminate the need for hazardous substances,
promote the use of less hazardous alternatives, and incorporate measures to reduce risk of personnel
exposure in the facilities design phase.
Asbestos use is banned and is not allowed inside the refinery.
General Safety Precautions for Radioactive material (Ionizing)
Radiation jobs are managed inside the refinery by the competent people authorized by the regulatory
board .
Reference procedure: "Procedure for radiation safety" 9112-000-INP-006-00029.
6. Working at height
Any work to be performed at a height of 2 meters or above from the floor level & where there is no
permanent platform to access the job location is defined as work at height. Even a job being carried
out below the ground level is classified as work at height. (e .g. Work in an excavated area is a work
at height). The job above 2mtr height, requires a permit to work along with a work at height checklist.
Refer document no. 9112-000-HSE-006-00044.
a. Scaffolding that has been erected to meet all requirements and is appropriately tagged
b. Aerial lifts (boom, scissor and snorkel types) used in accordance with manufacturers
recommendations.
c. Industrial trucks that are fitted with specifically designed personnel work platforms
d. Man lifts, specifically designed and third party inspected and certificated (TPI)
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6.4 Scaffolding
All scaffolding erection, modification and dismantling must be carried out by a HMEL / HMPL approved
Scaffold Company in accordance with approved scaffolding procedure. For major project work
contractors may be allowed to build their own scaffolds but the contractor will need to be able to
demonstrate that it has the competence to comply with the full requirements of the HMELlHMPL
scaffolding procedure based on which approval will be given. Assessment of scaffolding supervisor
shall be done by HMELlHMPL Maintenance/Project &Safety team.
The following is list of basic requirements to be adhered to for erecting and dismantling scaffolds, this
list of requirements is not exhaustive and only designed to guide, for full requirements please see
HMELlHMPL Scaffold erection and dismantling procedure. Scaffolds must have but not limited to:
a. Guard rails on all open sides: top rail 950mm above the work platform surface, middle rail 475mm
above the work surface.
b. Scaffolding to be erected on stable level ground.
c. Scaffold to be erected in accordance with HMELlHMPL scaffold erection and dismantling procedure.
d. Toe boards on all sides
e. Working platform to be in good condition, secured and be covering the whole platform area that can
safely accommodate the persons working with tools and equipment.
f. An access ladder secured to the scaffold rising 1 meter above the landing platform, and away from
obstacles that interfere with safe use of the ladder.
g. Inspected by trained and authorized scaffolding supervisor and approved with appropriate scaffolding
fitness tag, signed and dated by the scaffolding supervisor.
h. Scaffold to have unique identification number.
i. Scaffold fitness to be re-validated weekly (7 days).
j. All scaffoldings to be registered with the maintenance/project department and all inspection records
to be maintained for individual scaffolds by maintenance /project team.
Format No. 9111-000-PCT-007-00006 Rev-OO
Revision 02
HPCL·Mittal Energy Ltd. I HPCL·Mittal Pipelines Ltd.
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k. For work of more than a short durationlroutine nature, and where there is risk of dropping objects, the
, area below is to be netted, and appropriate signage erected, along with hard barricading preventing
access and warning of the dangers from work being carried out overhead.
I. Design, drawing &load calculation of scaffold (height more than 9 meter) to be submit by the scaffold
contractor to EIC.
7. Colour Coding
Contractor shall ensure that aH lifting tools & tackles and equipment shall be inspected and colour
coded according to HMELlHMPL colour coding procedure. The purpose of colour coding is to give
visual indication of its certification & checking status.
All equipment's must be inspected and colour coded on six monthly basis as per below table
The list of equipment which covers under the colour coding procedure are described below: -
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8. Electrical Safety
Electricity can kill or severely injure people and cause damage to property. However, you can
take simple precautions when working with or near electricity and electrical equipment to significantly
reduce the risk of injury to you, your workers and others around you.
The main hazards of working with electricity are:
• electric shock and burns from contact with live parts
• injury from exposure to arcing, fire from faulty electrical equipment or installations
• explosion caused by unsuitable electrical apparatus or static electricity igniting flammable vapours or
dusts, for example in a spray paint booth
• Electric shocks can also lead to other types of injury, for example by causing a fall from ladders or
scaffolds etc.
Contractor shall ensure that all electrical instillations shall comply with all statutory requirements, the
current National Electric Code, Indian Electrical Rules and Regulations.
Contractors shall ensure that;
a) Only competent, trained and certified electricians work on electrical instillations
b) Electrical equipment, including tools used are properly selected, installed and used.
c) All temporary instillations are tested prior to been energized .
d) All portable electrical equipment shall be inspected, certified & color code tag to be provided by
HMELlHMPL maintenance electrical/project department.
e) Temporary electrical distribution boards are of metallic construction and are provided with double
parallel earthing
n Each instillation to be protected against overload, short circuit and earth leakage by means of MCB's
and ELCB's (rating 30mA)
g) Each distribution board must identify the location of isolation point for incoming supply
h) All MCB's / ELCB's to have identification, and to be tested daily prior to use to ensure operation . These
to be also tested and recorded by the competent electrician on monthly basis.
i) If extension leads are to be used, these must be of three core Phase, Neutral and Earth complete with
correct plug top and metallic extension sockets
j) The practice of inserting naked wires direct into socks is strictly prohibited
k) Electrical cables to be free from damage/defects, if a cable sustains damage this must be replaced.
I) Temporary taped joints in electrical cables is strictly prohibited
m) All electrical cables shall be protected from damage by means of routing cables overhead (minimum
2 meters above), or by means of underground with minimum depth of one meter and covered with
bricks prior to back filling.
n) Note any cables buried must be protected from impact by means of laying cables on bed of sand and
covering with bricks prior to back filling. Cable rout markers must be displayed identifying buried cable
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d) Cylinders to be segregated type wise and full from empty, segregated areas to be labeled detailing
type and status (empty or full)
e) When in use, cylinder key must be available at all times at the location of the cylinders used, ideally
this will be attached to cylinder troll by means of chain, to enable isolation in event of leak or
emergency.
n When in use each cylinders regulator is required to be fitted with pressure gauge and flash back
arrester.
g) All associated hoses to be checked for damage, splits or cracks that could result in release of contents.
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11. Excavation
During any excavation there are many hazards which can be encountered, these may include, but not
limited to the following:
• Collapse or cave-in of excavation due to lack of, or poor protective systems ..
• Burial of personnel causing serious injury or death.
• Contact I damage to underground utilities such as pipes, cables etc.
• Persons falling into excavations.
• Fall of equipment into excavations.
• Persons in excavations being struck by machanical excavating equipment.
• Ingress of water.
• Hazardous atmosphere in excavations.
Contractor performing any excavation work at site shall adhere to the requirements of excavation
procedure. (9111·000·HSE·OOS·00010)
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/
h) Any other significant hazards identified in the Contractor's hazard identification exercise.
Contractor shall produce emergency response bridging documents to cover the extent of the Work.
This shall include bridging between:
a) Contractor and HMELlHMPL
b) Contractor and its Subcontractors
c) Contractor and HMELlHMPL's other Contractors working at the Site
d) Contractor and any external link.
Contractor shall ensure competency of their personnel and those of their Subcontractors in its
emergency response procedures through a program of drills and testing, and shall provide to
HMELlHMPL a program and record of attendance for each employee.
If required by HMELlHMPL, Contractor shall participate in emergency response exercises.
HMELlHMPL shall arrange these exercises unless, at its sole option, HMELlHMPL requires Contractor
. to organize them.
Contractor shall establish Emergency Rescue Teams that shall be able to respond within the shortest
possible time, and have emergency first aid treatment capability as required by the Emergency
Response Plan. The teams shall carry out all training as required by the Emergency Response Plan .
Contractor shall be responsible for the provision, and maintenance, of suitable emergency response
and first aid firefighting equipment. The first time inspection & tagging of fire extinguisher shall be carry
out by the HMELlHMPL fire team, subsequently throughout the stay of the extinguisher inside the
premises the contractor has to maintain the upkeep of the extinguisher. Emergency equipment
required will be subject to the duration of contract, size and nature of work undertaken.
As part of the Emergency Response Plan, Contractor shall Co-ordination with HMELlHMPL's
Emergency Response Team (ERT). For further details refer document 9111·000·HSE·006·000001.
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APPENDIX·F
LIFTING EQUIPMENTS & REQUIREMENT
Lifting Equipment
All items of lifting equipment, including, but not limited to, cranes, hoist, winch, chain pulley block, jack,
tools &tackles to be lSI or other international standard certified required to be thoroughly examined
and certified by an independent examiner Third Party Inspection (TPI) certified from office of
directorate of factory, Punjab.
a) Before being brought into use for first time;
b) After any substantial alteration or repair;
c) Every 12 month. (copies of TPl's to be submitted to HMELlHMPL safety)
Contractor shall ensure below requirements for lifting tools 7 tackles:
• Register of all lifting tools &tackles to be maintained.
• All lifting tools &tackles to have unique identification number displayed.
• The Safe working load (SWL) must be clearly displayed on all lifting devices.
• All cranes must be fitted with a Safe Load Indicator (SLI) in working condition . SLI shall have capability
to continuously monitor and display the current load on the hook. This must automatically compare
the current load with the rated capacity of the crane at the operating configuration. SLI must provide
both visual and audible warnings at pre-set parameters to warn operator of over load/ dangerous
condition .
• After every installation/fitting of new lifting equipment at site, equipment to be checked by Engineer
Incharge (EIC) after that equipment will be used at site.
Note: Permissible limits for use of mobile crane inside the refinery premises detailed in table
below:-
Crane exceeding twenty five years from the date of manufacture is not allowed inside the
premises. Cranes not having OEM certificate bearing Year of Manufacture and Serial number
are not permitted to work inside refinery.
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Lifting plans
A detailed lifting plan shall be prepared for all lifts classed as 'critical lifts' which includes but not limited
to lifts;
a) Lift should be more than 75% of SWL capacity of lifting equipment also if it is more than 10 tons.
b) Utilizing more than one lifting device
c) Over operating processequipment.
Detailed lifting plans for all critical lifts are to be submitted to HMEL for approval. Plan to include, but
not limited to, drawings to scale, equipment to be used, TPI certificates for all equipment to be utilised,
configuration of crane, calculations, rigging diagram.
For lifts up to 10 tons, lifting plan to be prepared by trained rigger which shall detail equipment to be
used, rigging method, calculations etc. and submitted to the supervisor in charge.
It is the responsibility of the supervisor in charge of the lifting operation to inform the operator of the
weight of the load which need to be lifted.
Note: The old style hydra cranes is strictly prohibited but the following models e.g. Escort K·
10, F·15, Hp·216 and equivalent models are allowed.
Prior to first time or start-of-day operations, the equipment shall be inspected by operator to ensure
that the principal components are in acceptable condition. If any defects are identified that could affect
the performance or safe operation of the equipment, it shall immediately be brought to the attention of
a mechanic / maintenance department who shall correct the problem. The nature of the defect and
the action taken shall be recorded on the daily log.
It is the duty of the operator to inspect his equipment daily when lifting operations are to take place.
The daily checks shall be documented and logged. The inspection includes but is not limited to:
• Signalling lights &horns,
• Limit &overload switches &alarms,
• Crane motion controls,
• Emergency control devices.
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APPENDIX·G
DEFINITIONS OF CLASSIFICATION OF INJURIES IINCIDENTS
Fatality Any work related fatality within a company site
Lost Time Accident (L TA) Any injury where the person is not fit to work for 48 hours or more following
an accident. (I.e. unfit to work on the two days immediately following the day
of the accident). The decision on whether the person is fit to work will be
made by the VP H&S based on medical advice from the HMEL Chief
medical officer.
Note:- If the person is not fit to do his normal work but is fit to come to come
back in a different role this will be counted as a return to work but it must be
a real job giving meaningful work for a full day and not just sitting in a chair
or visiting the workplace for a short time. The injured person must not be
given leave immediately following the accident to avoid it being counted as
an LTA. The person will be expected to .come to site and be assessed by
the HMEL Chief Medical Officer.
Medical Treatment case Any case which is more serious than a first aid case but which does not
(MTC) result in a lost time accident. We follow the definitions used in the OSHA
regulations of the USA (29 CFR 1904). The main examples of MTC's are as
follows:-
• Any case where the company doctor decides the person is not fit to
work but this is for less thEm the 48 hours required for an LTA
• Any case where the company doctor recommends alternative
duties or restricted duties due to the injury
• Any case sent to external hospital for treatment. (note - persons
sent purely for observation or testing e.g . x-ray or blood test are not
MTC unless subsequent treatment is given or the observations
prevent the person working on the day after the accident)
• Any cut requiring stitches
• Any broken I fractured bones requiring cast or immobilization, other
than simple finger I toe splint.
• Administration of medicines which are available on prescription only
Any small injury which requires basic first aid treatment either by a first aider
First Aid Case (FAC) or at the medical center and is not an MTC.
Primary Containment: A tank, vessel, pipe, rail car or equipment intended
to serve as the primary container or used for the transfer of the material.
Loss Of Primary Containment (LOPC): An unplanned .or uncontrolled
release to atmosphere of material from primary containment.
A minor LOPC is an unplanned or uncontrolled release of material, including
Loss of primary non-toxic and non-flammable materials, from a process which results in one
containment of hazardous or more of the consequences given below but is not in the major LOPC
substance - Minor category:-
• An employee, contractor or sub-contractor first aid case or medical
treatment case
• Release of material from primary containment of greater than the
quantities given below
# 2.5 Kg of Chlorine, Hydrogen Sulghide,
Format No. 9111-000-PCT -007 -00006 Rev-DO
Revision 02
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Any very minor release of material or process system failure which could
have led to an incident under slightly different circumstances.
Examples:
• Any small loss of containment below the threshold for a minor lOPC
• Popping of PSV or other unplanned release to flare
Near Miss - Process • Failure of a rupture disk, PSV or other safety device to open when
system conditions reach or exceed the prescribed trigger point.
Safety
• Tripping of any safety interlock which has the potential to lead to
loss of containment or other safety hazard e.g. high high level, over
pressure or other potential damage to equipment.
• Operation of any equipment outside its design parameters.
• Unusual or unexpected runaway reaction whether or not within
design parameters of the equipment
• Discovery of a failed safety system upon testing-
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APPENDIX·H
CONTRACTOR MONTHLY SAFETY PERFORMANCE REPORT
A. SAFETY STATISTICS
UPTO PREVIOUS
S.No ITEM THIS MONTH CUMU·LATIVE
MONTH
Average number of Staff & Workmen (average
1
daily headcount, not man days)
Remarks, if any
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NOTE: Copy of the Report to be sent to Safety department on or before 5 th of the following month.
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APPENDIX·I
Audit' Inspection
• Contractor HSE Engineer and the Camp caretaker shall make a weekly inspection and record the
observations.
• Contractor site in charge to inspect camp on monthly basis, HMELlHMPL staff will either join these
. inspections or do their own inspections.
• Non-conformances identified must be corrected in an agreed time line.
Drinking Water
• Adequate supplies of drinking water shall be available in accommodation facilities.
• All containers used for distribution of drinking water shall be clearly marked "Drinking Water Only" or
equivalent and are not to be used for any other purpose.
• Portable containers used for dispensing of drinking water shall have tight fitting lids and be equipped
with a tap. These shall be kept clean and free from contamination.
• Tanker trucks used for transporting portable water shall be clearly identified and shall not be used for
any other purpose.
• Outlets dispensing non- portable water shall be conspicuously marked "caution - water unfit for
drinking, washing or cooking" or equivalent.
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• The areas shall be checked and cleaned daily by the sanitation crew. Disinfection of floors, sinks and
toilet bowls shall be carried out daily.
• Facilities for washing and drying of clothes shall be provided
Hygiene I Housekeeping
a. High standard of hygiene and housekeeping shall be maintained in the camp at all times
b. The disposal of waste shall be done regularly as required and disposed of in accordance with local
regulations. .
c. Containers for waste materials shall be placed in all areas, containers to be cleaned on a regular
basis. .
d. Rubbish shall not be dumped or disposed of indiscriminately, but shall be stored in sealed rubbish
bags at designated collection points for removal by the sanitary crew for disposal.
e. No open fires shall be allowed at the colony.
f. Pest control measures should be in place to control any vermin / insects and this should include
fogging and spraying during mosquito season.
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Electrical Safety
• Electricity to be provided via State Electrical Board or Silent DG set.
• All electrical fittings and equipment are to fully comply with Indian Electrical Regulations
• All electricity to be distributed via ELCB / RCCD
• All electrical switches placed outside are to be IP rated, cables to be routed overhead and supported.
• No naked or taped cable joints
Security
• Contractor should ensure all labour camps have adequate security
• Camp to have fully enclosed boundary wall/fence
• Arrangements to be made to provide security at entrance to labour camp
• Workers should be provided with lockers for safe keeping of personal effects.
Safety Measures
• Risk assessment / JSA to be carried out for all activities carried out in the labour colony
• Adequate Fire Fighting protection shall be in place, consisting of Fire extinguishers and sand buckets
located at easy accessible locations throughout the camp.
• Means of raising the alarm in the event of a Fire must be provided.
• All persons staying in the labour colony should be trained and aware of any safety / fire measures.
Page 1 of 1
ANNEXURE TO SCC
Guru Gobind Singh Polymer
Addition Project
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ANNEXURE TO SCC
Guru Gobind Singh Polymer
Addition Project
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ANNEXURE – XI TO SCC
1.0 Contract Clause for acceptance of Structural Steel & TMT Bars
1.1 Steel manufactures having valid BIS certificate and listed in the BIS website as on date of
procurement of steel shall be allowed for supply of steel (Structural steel and TMT bars) and
contractor shall procure from them with prior intimation to Site-in-charge.
2.1 Cement manufacturers having valid BIS certificate and listed in the BIS website as on the date
of procurement of cement shall be allowed for supply of cement and contractor shall procure
cement from them with prior intimation to Site-in-charge.
2.2 Tests after receipt of cement at site: Each batch of cement (week wise as mentioned on
cement bags) supplied by the contractor after delivery at site shall be subject to the tests and
analysis required by the relevant Indian Standard codes. The contractor shall carry out and
bear the cost of all tests and analysis to ensure quality of cement before using in actual works.
Page 2 of 2