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HPCL-MITTAL ENERGY LIMITED

GURU GOBIND SINGH POLYMER ADDITION PROJECT


AT GURU GOBIND SINGH REFINERY OF M/S HMEL
AT BATHINDA (PUNJAB)

(BIDDING DOCUMENT NO. RJ/B018-000-CJ-T-8105/1015)

BIDDING DOCUMENT
FOR
PLANT BUILDING WORKS

PREPARED AND ISSUED BY:

1, BHIKAIJI CAMA PLACE R. K. PURAM NEW DELHI – 110066 INDIA


MASTER INDEX

GURU GOBIND SINGH POLYMER


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MASTER INDEX

NAME OF WORK: INFRASTRUCTURE WORKS - IV FOR GURU GOBIND SINGH POLYMER


ADDITION PROJECT OF M/S HMEL

BIDDING DOCUMENT NO: RJ/B018-000-CF-T-8101/1004

PART – I – COMMERCIAL

S. NO. DESCRIPTION NO. OF SHT.

1. MASTER INDEX 02

2. LETTER INVITING BID (LIB) 12

3. ACKNOWLEDGEMENT CUM CONSENT LETTER 02

4. INSTRUCTION TO BIDDERS (ITB) 15

5. BIDDING FORMS 14

6. GENERAL CONDITIONS OF CONTRACT (GCC) 98

7. SPECIAL CONDITIONS OF CONTRACT (SCC) 13

8. ANNEXURES TO SCC

i) Time for Completion 02

ii) Terms of Payment 10

iii) Measurement of Work 08

iv) Price Variation 01

v) Key Construction Manpower to be mobilized by the Contractor at Site 02

vi) Qualification and Experience of Key Supervisory Personnel 06

vii) Quality Management System 08

viii) Minimum Construction Equipments to be Mobilized by the Contractor at 03


Site

ix) Calibration Requirements of Monitoring and Measuring Devices at 06


Construction Site

x) Documentation Requirement from Contractor 10

xi) Procurement of TMT Bars, Cement and Structural Steel by Contractor 02

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MASTER INDEX
GURU GOBIND SINGH POLYMER
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S. NO. DESCRIPTION NO. OF SHT.

xii) Spec. for Health, Safety and Environment Management 49

xiii) OISD 192 & OISD 207 126

xiv a) Lifting & Rigging Operation Procedure Formats for Mobilization 08


Advance and Composite Bank Guarantee

xiv) b) Scaffolding Erection, Inspection and Dismantling Procedure 31

xv) Whistle Blower Policy 11

PART – II – PRICE PART

SR. NO. DESCRIPTION NO. OF SHT.

1. PREAMBLE TO SCHEDULE OF RATES 02

2 SUMMARY OF PRICE – FORM SP-0 02

3 SCHEDULE OF RATES 01
FORM SP-1 (Detailed Description) 63

PART – III – TECHNICAL PART

SR. NO. DESCRIPTION NO. OF SHT.

1 TECHNICAL PORTION 1317

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LETTER INVITING BID

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LETTER INVITING BID (LIB)

Ref. No. B018/1015 Date: 11.07.2017

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:

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.

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.

i) Name of Work : PLANT BUILDING WORKS


ii) Time Schedule : 12 Months from the date of issue of Letter of
Acceptance (LOA)
iii) Cost of Bidding Document : Nil
iv) Earnest Money Deposit/ : INR 50 Lakh (Indian Rupees Fifty Lakh
Bid Security Only).

v) Pre-Bid Meeting : At 1000 Hrs. (IST) on 27.07.2017


Last date of Receipt of
EIL, NEW DELHI
Bidder's Queries for Pre-bid
: 02 days prior to pre-bid meeting date
vi) Date and Time for Receipt of : 08.08.2017 up-to 1200 Hrs. (IST)
Bid
vii) Date and Time for Opening of : 08.08.2017 at 1400 Hrs. (IST)
Bid (Techno-Commercial (In case the bid due date happens to fall on
Part) Holiday, the next working day shall be deemed
to be due date) – THIS IS NOT A PUBLIC
OPENING

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viii) Contact Person for any : Mr. Rajeev Jain


query/clarification for this Dy. General Manger (SCM)
Tender Engineers India Limited
E.I. Bhavan, 1, Bhikaiji Cama Place,
New Delhi - 110 066.
Ph. no 0091-11-26763356/2763
Fax no. 0091-11-26191714, 26167664
E-mail : rajeev.jain@eil.co.in;
udaypratap.singh@eil.co.in

ix) Un-priced Bid (Techno- : Receipt Section


Commercial Part) to be Engineers India Limited
Submitted in sealed E.I.B. 1, Bhikaiji Cama Place,
envelope at New Delhi - 110066.
Attn: Mr. Rajeev Jain, DGM (SCM)

x) Priced Bid to be Submitted to : Attn:- Mr. Shailesh Patwa / Deepak Kumar

HPCL-Mittal Energy Ltd.,


INOX Tower, Plot no. 17,
Sector-16 A, Noida - 201301 (U.P)
T +91 120 4634710

Price Part shall not be sent to EIL under any


circumstances. Bidders to refer the enclosed
document - “Instructions to Bidders” for
detailed instructions on bid submission.
xi) Contact Person at Site : Shall be intimated Later

3.0 You have been prequalified for subject works, subject to your meeting the following
Commercial Experience & Financial criteria:

3.1 COMMERCIAL CRITERIA

3.1.1 EXPERIENCE CRITERIA


The Bidder shall have Successfully completed work order(s) / contract(s) during
preceeding 7 years to be reckoned from bid due date of similar works:

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)

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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.

2. Completion certificate by client/ Consultant indicating with executed value.

3. A job completed by a bidder as a sub-contractor shall be considered for the purpose of


meeting the experience criteria subject to submission of following documents:

i. Copy of work order along with SOR issued by main contractor.

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.

3.2 FINANCIAL CRITERIA

3.2.1 ANNUAL TURNOVER


Annual Turnover of the Bidder shall not be less than INR 131,11,23,000 /- ( Indian
Rupees One hundred Thirty One Crore Eleven Lakh Twenty Three Thousand Only)
as per the audited annual financial results in at least one of the immediate preceding
three financial years as on the date of submission of bid.

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3.2.2 NET WORTH


Net Worth of the Bidder shall be positive as per the immediate preceding year’s Audited
financial results.

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.

4 The complete bidding document can be downloaded from EIL website


http://tenders.eil.co.in.

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.

7 Bidders should ensure submission of complete information/ documentation in the first


instance itself. Qualification may be completed based on the details so furnished without
seeking any subsequent additional information.

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In absence of requisite document, HMEL/EIL reserves the right to reject the bid without
making any reference to the bidder.

8 Submission of authentic documents is the prime responsibility of the bidder. Wherever


HMEL/ EIL has concern or apprehension regarding the authenticity / correctness of any
document, HMEL/EIL reserves a right of getting the document cross verified from the
document issuing authority.

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.

14 Consortium / Joint Venture Bids are not acceptable.

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

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Enclosures:
i) Commercial Part and its enclosures.
ii) Technical Part and its enclosures.

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Annexure – 1A (Letter from Statutory Auditor/CA)


(To be printed on Letter Head of Statutory Auditor/CA)

FINANCIAL DETAILS

We, _________________________________, a CA firm having our registered office address


_____________________________ and certificate number ________________ certify that we
are statutory auditor of the Company M/s ____________________________, having its
registered office at ______________________________.

OR

We, _________________________________, a CA firm having our registered office address


_____________________________ and certificate number ________________ certify that
statutory auditor is not mandatory for the company M/s ____________________________,
having its registered office at ______________________________ as per prevailing law and we
are practicing Chartered Accountant, not being an employee / Director and not having any
interest in the company.

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

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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

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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.

Paid up share capital XXXX


Add: Share Application Money pending allotment XXX
Add: Reserves (As defined Above) XXXX
Les: Accumulated Losses XX
Less: Deferred Revenue Expenditure to the extent not written off XX
Networth XXXX
5. Turnover: Turnover shall be calculated including Excise Duty but excluding other
Incomes.

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

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Annexure – 1B (Certification by Statutory Auditor/CA)


(To be printed on Letter Head of Company)

FINANCIAL DETAILS

We, M/s _________________________________, having our registered office at


_________________________________ certify that M/s ___________________ is a CA firm
having their registered office address _____________________________ having certificate
number ________________ are our statutory auditor.

OR

We, M/s _________________________________, having our registered office at


_________________________________ certify that statutory auditor is not mandatory for the
company as per prevailing law and M/s ___________________ , a CA firm having their
registered office address _____________________________ having certificate number
________________are practicing Chartered Accountant, not being an employee/Director and
not having any interest in our company.

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.

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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

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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.

Paid up share capital XXXX


Add: Share Application Money pending allotment XXX
Add: Reserves (As defined Above) XXXX
Les: Accumulated Losses XX
Less: Deferred Revenue Expenditure to the extent not written off __XX
Networth XXXX
5. Turnover: Turnover shall be calculated including Excise Duty but excluding other
Incomes.

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

Sign and Stamp of Statutory auditor / CA (on all pages)

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ACK. CUM CONSENT
LETTER

GURU GOBIND SINGH POLYMER


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ACKNOWLEDGEMENT CUM CONSENT LETTER

To

ENGINEERS INDIA LIMITED


TH
EI-BHAWAN, 10 FLOOR,
1, BHIKAIJI CAMA PLACE,
R.K. PURAM,
NEW DELHI - 110066.

Fax no. : 011-2619 1714

ATTN : MR. RAJEEV JAIN, DGM (SCM)

NAME OF WORK : PLANT BUILDING WORKS

BIDDING DOCUMENT NO. : RJ/B018-000-CJ-T-8105/1015

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:

i. POSTAL ADDRESS : ________________________

________________________

________________________

ii. TELEPHONE NUMBER : ________________________

iii. TELEFAX NUMBER : ________________________

iv. CONTACT PERSON : ________________________

v. E-MAIL ADDRESS : ________________________

vi. MOBILE NO. OF BIDDER : ________________________

B. Contact person at Delhi, if any:

i. POSTAL ADDRESS : ________________________

________________________

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________________________

ii. TELEPHONE NUMBER : ________________________

iii. TELEFAX NUMBER : ________________________

iv. CONTACT PERSON : ________________________

v. E-MAIL ADDRESS : ________________________

vi. MOBILE NO. OF BIDDER : ________________________

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

Reasons for non-submission of Bid:

______________________________________________________________________________
_

______________________________________________________________________________

______________________________________________________________________________

AGENCY'S NAME : _________________________

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
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INSTRUCTIONS
TO
BIDDER (ITB)

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INSTRUCTIONS
TO
BIDDER (ITB)
GURU GOBIND SINGH POLYMER
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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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 Instructions to Bidders and its attachments.


 Bidding Forms.
 General Conditions of Contract (GCC).
 Special Conditions of Contract (SCC) and its Annexure.
 Schedule of Rates (SOR)/ Schedule of Prices (SOP).
 Technical Specifications / Standards.
 Drawings, if any
4.2 Although all the details presented in this Bidding Document have been compiled with reasonable
care, the bidder is expected to examine the Bidding Document, including all instructions, forms,
terms, specifications and drawings in the Bidding Document and it includes all the documents as
per Table of Contents. In case of any ambiguity or incompleteness, the bidder must bring it to the
attention of EIL immediately and prior to submission of Bid.
4.3 Bidding document once issued in case of limited competitive bidding is non-transferable. However,
in case of Open Competitive Bidding, since the Bidding Document is available for free
downloading on the portal, any bidder may submit the Bid and the same shall be evaluated in line
with the provisions of the Bidding Document.
5.0 CLARIFICATION OF BIDDING DOCUMENT, PRE-BID MEETING & SITE VISIT
5.1 Bidder’s authorized representative(s) shall attend the pre bid meeting on the prescribed day at the
given venue specified in IFB/ LIB. During the pre-bid meeting, all the technical and commercial
issues shall be discussed and concluded to ensure that the bid received subsequent to pre bid
meeting shall be without any deviations to terms and conditions. Hence, bidders shall treat the pre
bid meeting as utmost important and depute competent & senior person capable of taking on the
spot decision to sort out all the technical and commercial issues.
However, in case any bidder does not attend the pre bid meeting, it shall be understood that the
bidder has a clear understanding of the scope, terms & conditions of the bidding document and
does not have any comments/ deviations to the requirements of the bidding document.
5.2 In order to ensure fruitful discussions during pre-bid meeting, the bidder is requested to submit any
queries/clarification/information pertaining to Bidding document in writing delivered by hand or by
e-mail in the format provided in Bidding Forms so as to reach two days prior to Pre-bid meeting.
These queries shall be replied during pre-bid meeting. The editable soft copies of the queries shall
also be e-mailed to concerned persons specified in LIB/IFB, to enable EIL to prepare replies to the
queries in the same format expeditiously.
5.3 The bidders are required to participate in the pre-bid meeting after going through the entire bidding
document. Bidder shall come with all technical and commercial points on which they need
clarifications. In case of any doubt, they may discuss the same during the meeting to avoid any
techno-commercial clarifications/ discussions post bid.
5.4 Replies to the pre-bid queries will be uploaded in EIL website http://tenders.eil.co.in as
expeditiously as possible. After pre-bid meeting, no further queries will be entertained from the
bidders. The response of EIL shall not form part of the Bidding Document unless issued as an
Addendum/ Amendment.

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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.

10.0 DOCUMENTS COMPRISING THE BID


10.1 Bid shall be submitted in two parts i.e. PART-I (Techno-commercial part) & PART-II (Priced part)
in accordance with the following provisions:-
(a) PART-I - Un-priced Techno-commercial Bid in appropriate number of sets specified
below in physical form to be submitted at the following address:
Part-I (Un-priced Techno-commercial Bid)

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)

HPCL-Mittal Energy Ltd.,


INOX Tower, Plot no. 17,
Sector-16 A,
Noida - 201301 (U.P)
T +91 120 4634710
Attn.: Mr. Shailesh Patwa / Mr. Deepak Kumar

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Price Part shall not be sent to EIL under any circumstances.

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.

10.2 PART-II (Priced Bid)


(a) Schedule of Prices / Schedule of Rates with prices filled in (including rebate, if any). The
rates are to be filled in accordance with instructions provided in preamble to Schedule of
prices, without making any changes in the format / names of the file / worksheet.
Deviations to terms and conditions, presumptions, overwriting etc shall not be stipulated in Price
part of bid. In case of any conditions stipulated in price bids, the bids of such bidders shall be
summarily rejected and shall not be considered for further evaluation. Evaluation shall be carried
out excluding such bidder(s.)
11.0 ALTERNATIVE BIDS
11.1 A bidder (i.e., the bidding entity) shall, on no account submit more than one bid either directly (as a
single bidder or as a member of consortium) or indirectly (as a sub-contractor) failing which
following actions shall be initiated:
(a) All bids submitted by such bidder (say ‘A’) directly & indirectly, shall stand rejected and BID
SECURITY, if any, in case of direct bid submitted by bidder ‘A’ shall be forfeited.
(b) If another bidder (say ‘B’) has proposed bidder ‘A’ as a sub-contractor then bidder ‘B’’s bid
shall also be rejected. However, in case the bidder ‘B’ has also proposed an alternative sub-
contractor who is other than the bidder ‘A’, then bidder ‘B’’s bid shall be evaluated with the
proposed alternative sub-contractor only. Hence, every bidder shall ensure in his own interest
that his proposed sub-contractor is not submitting alternative/ multiple bids.
12.0 BID PRICES AND DISCOUNTS
12.1 The prices must be quoted strictly in the format provided in the Bidding Document. Conditional
discount, if offered, shall not be considered for evaluation.
12.2 Unless stated otherwise in the Bidding Document, the Contract shall be for the total works as
described in Bidding Document, based on the Schedule of Rates/ Prices submitted by the bidder
and accepted by EIL.
12.3 Bidder shall quote for all the items of Schedule of Rates/Prices after careful analysis of cost
involved for the performance of the complete item considering all parts of the Bidding Document.

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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.

Rev 1 Page 13 of 15
INSTRUCTIONS
TO
BIDDER (ITB)
GURU GOBIND SINGH POLYMER
ADDITION PROJECT
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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

Rev 1 Page 14 of 15
INSTRUCTIONS
TO
BIDDER (ITB)
GURU GOBIND SINGH POLYMER
ADDITION PROJECT
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b. “Fraudulent Practice” means a misrepresentation of facts in order to influence the execution


of a Contract to the detriment of HMEL/EIL, and includes collusive practice among bidders
(prior to or after bid submission) designed to establish bid prices at artificial non-competitive
levels and to deprive HMEL/EIL of the benefits of free and open competition.
c. “False/Fake” means to make or construct falsely. “Faked alibi” is a made, manufactured, or
false alibi. Something that is not what is purports to be; counterfeit, an imposter.
d. “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

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.

33.0 Registration with Statutory Authorities


33.1 Within 30 days of execution of the Contract Agreement, the Contractor shall, insofar as necessary,
register itself and the Contract at its own cost with the Reserve Bank of India, Income Tax, GST
and other statutory authorities as required under the rules and regulations governing in India. A
copy of all documents related to all such registrations shall be submitted to the Owner for record.
33.2 Without prejudice to aforesaid in Article 33.1 above, it is understood between the Parties that
before submission of the first invoice or application for payment under Contract, the Contractor
shall register themselves and the Contract at their own cost with the Reserve Bank of India,
Income Tax, GST and such other statutory authorities, as may be required under the rules and
regulations governing in India for smooth processing of payment. A copy of all documents related
to all such registration shall be submitted to the Engineer in-Charge for record.
33.3 To the extent applicable under given context, immediately after notification of the Letter of
Acceptance, the Contractor, if a foreign entity, shall, in so far as necessary, obtain
permission for opening of office(s) in India from the Reserve Bank of India.

Rev 1 Page 15 of 15
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
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BIDDING FORMS

Rev1 Page 1 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
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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

FORM NO. DESCRIPTION

A FORM OF BID

B INFORMATION ABOUT BIDDER

C PAST EXPERIENCE IN SUPPORT OF BQC

D COMPLIANCE TO BID REQUIREMENT

E SELF DECLARATION

F BANK MANDATE FORM

G COMPLIANCE TO REQUIREMENT OF PAN NO. , TAX RESIDENCY


CERTIFICATE AND FORM NO.10F

H FORMAT FOR TAX RESIDENCY CERTIFICATE AND FORM NO.10F,


PE CERTIFICATE

I FOR BIDDERS’ QUERIES

Page 2 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
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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

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
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FORM-B
INFORMATION ABOUT BIDDER

1.1 Bidder Name:

1.2 Address of Registered Office: _____________________________________

City :_____________________________

District :_____________________________

State :_____________________________

PIN/ZIP:_____________________________

1.3 Operation Address if different from above: ____________________________________

City :_____________________________

District :_____________________________

State :_____________________________

PIN/ZIP:______________________________

1.4 Telephone Number:

1.5 Fax Number:

1.6 Name & Mobile no. of Concerned person(s)

1.7 E-mail address:

1.8 Website:

1.9 ISO Certification, if any

1.0 GENERAL

1.1 Income Tax PAN No. of the firm.

1.2 Provident Fund Registration No. of the firm.

1.3 ESI Registration No. of the firm

1.4 GST Registration number

Page 4 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
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FORM-C

PAST EXPERIENCE IN SUPPORT OF EXPERIENCE CRITERIA AS PER LIB

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.

SIGNATURE OF BIDDER : _______________________

NAME OF BIDDER : _______________________

COMPANY SEAL : _______________________

Page 5 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
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FORM-D

COMPLIANCE TO BID REQUIREMENT

(TO BE SUBMITTED ON THE LETTERHEAD OF BIDDER)

NAME OF THE WORK:

BIDDING DOCUMENT NO.

We ……………………………………………………… (*) hereby agree to fully comply with,


abide by and accept without variation, deviation or reservation all technical, commercial and
other conditions of the Bidding Document and its Technical & Commercial Amendments,
issued by EIL.

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.

**

For and on behalf of

Authorised signatory

Date:

*Here fill in the name of bidder.

** The Letter of Waiver must be signed by the person (s) authorized to sign.

Page 6 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
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FORM–E
SELF DECLARATION
Bidder’s declaration as furnished here shall supersede the stipulations mentioned elsewhere in their
bid.

SL. NO. DESCRIPTION BIDDER'S DECLARATION

We confirm that we are not involved in any


1. Litigation/ Arbitration, otherwise, if involved
please furnish information about the same.

We confirm that we are not on Holiday/ Negative


2. list of EIL/HMEL on due date of submission of
bid.

We confirm that we are not Banned or Delisted


or Black Listed by any Government Department
3.
/ Public Sector Undertaking on due date of
submission of bid.

We confirm that we are not under liquidation,


4.
court receivership or similar proceedings.

We confirm that the content of the Bidding


Document including schedule of rates/ prices
5.
and Corrigendum / Addendum (if any) have not
been altered or modified.

SIGNATURE OF BIDDER : _______________________

NAME OF BIDDER : _______________________

COMPANY SEAL : _______________________

Page 7 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
-----------------------------------------------------------------------------------------------------------------------------

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)

Official seal of the Bidder


Place :
Date :
BANK CERTIFICATION
Certified that the particulars furnished above are correct as per our records.

Place :
Date :
_______________________________________
Signature of the Authorised Official of the Bank

Bank’s Stamp

Page 8 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
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FORM –G

COMPLIANCE TO REQUIREMENT OF PAN NO. , TAX RESIDENCY CERTIFICATE , FORM


NO.10F AND NO PERMANENT ESTABLISHMENT CERTIFICATE

(FOR FOREIGN RESIDENT)

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

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
-----------------------------------------------------------------------------------------------------------------------------

D. No Permanent Establishment Certificate


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.

Page 10 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
-----------------------------------------------------------------------------------------------------------------------------

FORM –H1

TAX RESIDENCY CERTIFICATE

TRC obtained by the Non-resident from Government of foreign country shall contain the
following particulars:

i. Name of the assessee;

ii. Status (individual, company, firm etc.) of the assessee;

iii. Nationality (in case of individual);

iv. Country or specified territory of incorporation or registration (in case of others);

v. Assessee’s tax identification number in the country or specified territory of residence


or in case no such number, then, a unique number on the basis of which the person
is identified by the Government of the country or the specified territory;

vi. Residential status for the purposes of tax;

vii. Period for which the certificate is applicable; and

viii. Address of the applicant for the period for which the certificate is applicable;

Page 11 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
-----------------------------------------------------------------------------------------------------------------------------

Form –H2

Page 12 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
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FORM –H3

(On the letterhead)

No Permanent Establishment Certificate / Statement

I ________________________(Name), _________________________(Designation) of M/s.

____________________________________________________having it’s national office at

__________________________________________________________________________

Hereby state that:

a. ___________________is a valid and subsisting __________________(Firm/Company etc.)


incorporated and resident in_______________________(country);

b. __________________ is the legal and beneficial owner of the payment towards


____________________.

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

(Article 5 – Permanent Establishment);

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)

Dated and signed in ___________________ (country) on ______________________

For ______________________

____________________(Name)

____________________(Designation)

Page 13 of 14
BIDDING FORMS

GURU GOBIND SINGH


POLYMER ADDITION PROJECT
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FORM–I
PRE-BID QUERIES FORMAT

SL. REFERENCE OF BIDDING DOCUMENT BIDDER'S EIL REPLY


NO. QUERY

PART/VOL. PAGE CLAUSE SUBJECT


NO. NO.

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.

SIGNATURE OF BIDDER : ___________________________

NAME OF BIDDER : ___________________________

Page 14 of 14
HPCL-Mittal Energy Ltd

GENERAL CONDITIONS OF CONTRACT


(Item Rate Contracts – Construction/Projects)
GCC –Item Rate Contract

Table of Contents

DEFINITIONS AND INTERPRETATION ................................................................................................ 3


ENGINEER-IN-CHARGE ........................................................................................................................ 7
ASSIGNMENT AND SUBCONTRACTING ............................................................................................. 7
CONTRACT DOCUMENTS .................................................................................................................... 8
GENERAL OBLIGATIONS .................................................................................................................... 10
LABOUR .................................................................................................. Error! Bookmark not defined.
MATERIALS, PLANT AND WORKMANSHIP ....................................................................................... 31
SUSPENSION ....................................................................................................................................... 34
COMMENCEMENT AND DELAYS ....................................................................................................... 35
DEFECTS LIABILITY ............................................................................................................................ 38
ALTERATIONS, ADDITIONS AND OMISSIONS.................................................................................. 39
PROCEDURE FOR CLAIMS ................................................................................................................ 41
CONTRACTOR’S EQUIPMENT, TEMPORARY WORKS AND MATERIALS...................................... 42
CERTIFICATES AND PAYMENT ......................................................................................................... 45
REMEDIES ............................................................................................................................................ 48
SPECIAL RISKS.................................................................................................................................... 51
RELEASE FROM PERFORMANCE ..................................................................................................... 52
SETTLEMENT OF DISPUTES.............................................................................................................. 53
NOTICES............................................................................................................................................... 54
DEFAULT OF OWNER ......................................................................................................................... 54
CHANGES IN COST AND LEGISLATION ............................................................................................ 55
CURRENCY AND RATES OF EXCHANGE ......................................................................................... 55
TAXATION............................................................................................................................................. 55
MISCELLANEOUS ................................................................................................................................ 57
APPENDIX- I: CONDITIONS FOR ISSUE & RECONCILIATION OF FREE ISSUE MATERIAL 64

APPENDIX-II : BANK GUARANTEE AND AGREEMENT PROFORMAS ............................................ 70

7 July 2017 Page 2 of 84


GCC –Item Rate Contract

DEFINITIONS AND INTERPRETATION

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:

(a) I “Owner” shall


mean the person or company have the meaning ascribed in the
Contract Agreement/ Form of Agreement and the legal successors
and permitted assigns in title to such person or company

II “Contractor” means the person or company whose tender has been


accepted by the Owner and the legal successors in title to such
person, but not (except with the consent of the Owner) any assignee
of such person

III “Sub-contractor” means any person or company named in the


Contract as a Sub-contractor for a part of the Works or any person to
whom a part of the Works has been sub-contracted by Contractor
with the consent of the Owner/ Engineer-in-Charge and the legal
successors in title to such person, but not any assignee of any such
person

IV The "Engineer-in-Charge” shall mean the person appointed or


designated as such by the Owner and shall include those persons or
company who are expressly authorized by the owner to act for and
on its behalf.

(b) I “Contract” or “Agreement” means these Conditions, the


Specification, the Drawings, the SOR, the Enquiry/Tender floated, the
Letter of Acceptance, Agreed variations (if any), DLOA, the Contract
Agreement (if completed) and such further documents as may be
expressly incorporated in the Letter of Acceptance or Contract
Agreement (if completed).

II “Technical Specifications” or “Specification” means the


specification of the Works included in the Contract and any
modification thereof or addition thereto made or submitted by the
Contractor and approved in writing by the Engineer-in-Charge.

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

IV “Schedule of Rates” or “SOR” means the priced and completed


SOR forming part of the Tender

V “Tender or Bid” means the Contractor’s priced offer to the Owner


for execution and completion of the Works and remedying of any
defects therein in accordance with the provisions of the Contract, as
accepted by the Letter of Acceptance/Work Order/Contract. The word

7 July 2017 Page 3 of 84


GCC –Item Rate Contract

‘tender’ is synonymous with ‘bid’, and the word ‘tender document’


with ‘bidding documents’

VI “Letter of Acceptance”‘“ Letter of Acceptance” shall mean the


formal written document to signify the Acceptance of Tender, issued
by the Owner to the Contractor.
VII “Contract Agreement” means the contract agreement (if any)
referred to in Sub-Clause 9.1

(c) I “Commencement Date” means the date of issue of Letter of


Acceptance (LOA)/ Work Order/ Detailed Letter of Acceptance
(DLOA) / Contract Agreement whichever is earlier issued, by the
Owner as a formal acceptance of the Tender or otherwise specified
under LOA/ DLOA

II “Time for Completion” or “Time Schedule” means the time for


completing the execution of and passing the Tests on Completion of
the Works or any section or part thereof as stated in the Contract (or
as extended under Clause 44.1) calculated from the Commencement
Date.

(d) I “Tests on Completion” means the tests specified in the Contract or


otherwise agreed by the Engineer-in-Charge and the Contractor in
writing which are to be carried-out by the Contractor before the
Works or any section or part thereof are taken over by the Owner

II “Taking-Over Certificate” means a certificate issued pursuant to


Clause 48.1

(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

II “Retention Money” means the aggregate of all monies retained by


the Owner pursuant to Sub-Clause 55.4

III “Interim Payment Statement” means certification of the RA Bills or


Interim Payment Application by the Owner/ Engineer-in-Charge other
than the Final Payment Certification.

IV “Final Payment Certificate” means the certificate of payment


issued by the Owner/ Engineer-in-Charge pursuant to Sub-Clause
55.12.

(f) I “Works” mean the Permanent Works and the Temporary Works or
either of them as appropriate

II “Permanent Works” means the permanent works to be executed


(including Plant) in accordance with the Contract

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

7 July 2017 Page 4 of 84


GCC –Item Rate Contract

IV “Plant/ ”Unit” means machinery, apparatus and the like intended to


form or forming part of the Permanent Works. Plant and Unit have
been used interchangeably.

V “Contractor’s Equipment” means all appliances and things of


whatsoever nature (other than Temporary Works) required for the
execution and completion of the Works and the remedying of any
defects therein, but does not include Plant, materials or other things
intended to form or forming part of the Permanent Works

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

VII “Milestone” means an intermediate event or landmark identified in


the Contract, which is critical for Completion of the Works with Time
for Completion
VIII “Affiliate” shall mean any entity which Controls or is controlled by or
is under the common Control of another entity and includes without
limitation, holding companies, subsidiaries or any company or
companies under the same management either individually or
together with each other.

IX “Battery Limit” shall mean the demarcated areas of the Site within
which all the Plan t is to be installed.

X “Change” shall mean an alteration, deletion, amendment, addition


to or omission from or other variation or modification of or to the
Works howsoever caused and which may necessitate an adjustment
to one or more of the Time Schedule and/or the Lump Sum Price but
excluding such change that is no more than a refinement, correction
or detailing.

XI "Change Order" shall mean any written communication by the


Owner in relation to the amendment in the existing Contract terms.

XII “Insurer” shall mean any insurance company or other entity


providing insurance covering all or a portion of the Works, or other
risks to the Parties in relation to this Contract.

XIII “Lender” shall mean any financial institution, person or entity


providing any loan, financial accommodation, extension of credit or
other financing to the Owner or any of its Affiliates and any
successor or permitted assignee of them.

XI “Materials” shall mean machinery, plant and other items of


V equipment and materials intended to form part of the Plant and other
things needed for its operation, whether supplied by the Contractor
or the Owner.

“Project” shall have the meaning ascribed in the Contract


XV Agreement.

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“Taxes” shall mean any tax, national or local, levied or charged by


XV any authority empowered to levy taxes, whether in the Republic of
I India or elsewhere in relation to the performance of this Contract.

“Facility” [or “Facilities”] shall mean Materials & Services to be


provided for Plant and/or Unit(s).
XVII
“Applicable Laws” shall mean all applicable laws, directives,
codes, statutes, rules, ordinances, approvals, licenses, decrees,
XVIII authorizations, bye-laws, regulations, standards and any other
requirement of any governmental authority or agency whether
international, national, state, municipal, local or other government
subdivision having the force of law in any place where the Works or
any part of the Works are being carried out. Issues related to works
carried out at Refinery in Bathinda, Punjab, India shall be dealt in
accordance with Indian Laws as applicable to place of work.

(g) I “cost” means all expenditure properly incurred or to be incurred,


whether on or off the Site, including overhead and other charges
properly allocable thereto but does not include any allowance for
profit

II “day” means calendar day

III “foreign currency” means a currency of a country other than that in


which the Works are to be located

IV “writing” means any hand-written, type-written, or printed


communication, including e-mails, letters written and facsimile
transmission

(h) I “Government” means the Government of India

(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.

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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.

Except as expressly stated in the Contract, the Engineer-in-Charge


shall have no authority to relieve the Contractor of any of his
obligations under the Contract.

2 The Engineer-in-Charge shall exercise such discretion impartially within the


terms of the Contract and having regard to all the circumstances. Any such
decision, opinion, consent, expression of satisfaction, or approval,
determination of value or action may be opened up, reviewed or revised as
provided in Clause 61.

ASSIGNMENT AND SUBCONTRACTING

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;

(a) A charge in favor of the Contractor’s bankers of any monies due or to


become due under the Contract,

(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:

(a) Contractor’s certification regarding the financial soundness of the


proposed sub-contractor for the work;

(b) Its scope and estimated value in relation to contract price;

(c) Experience of the sub-contractor, in the related areas of the work;

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(d) The manpower, equipment, material and other resources available


with the sub-contractor for the works;

(e) Domicile of the sub-contractor and particulars of its other existing


operations and contracts if any, in India.

(f) Any other document and/or information specifically sought by Owner/


Engineer-in-Charge

Provided that the Contractor shall not be required to obtain such consent
for:

(a) The provision of labour,

(b) The purchase of materials which are in accordance with the


standards specified in the Contract, or

(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

Language/s 5.1 There are stated in these Conditions:


And Law
(a) The language or languages in which the Contract documents shall be
drawn up is English and

(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:

1. The Contract Agreement (if completed) and Detailed Letter of


Acceptance (DLOA)/Work Order (WO)/Contract;
2. The Letter of Acceptance (LOA) including all the agreed deviations, if
any;
3. The Special Conditions of Contract (SCC)
4. The Schedule of Rates;

5. The Technical Specifications (including criteria for measurements and


payments);
6. The General Condition of Contract (GCC);

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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.

The Contractor shall supply to the Engineer-in-Charge four copies of all


Drawings, Specification and other documents submitted by the Contractor
and approved by the Engineer-in-Charge in accordance with Clause 7.1,
together with are producible copy of any material which cannot be
reproduced to an equal standard by photocopying. In addition the
Contractor shall supply such further copies of such Drawings, Specification
and other documents as the Engineer-in-Charge may request for the use
of the Owner.

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

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aforesaid “As constructed” drawings for the entire works.

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:

(a) such drawings, specifications, calculations and other information as


shall be necessary to satisfy the Engineer-in-Charge as to the
suitability and adequacy of that design and

(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

Responsibility 7.3 Approval by the Engineer-in-Charge, in accordance with Sub-Clause 7.2,


Unaffected by shall not Relieve the Contractor of any of his responsibilities under the
Approval Contract.

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.

The Contractor shall give prompt notice to the Engineer-in-Charge, with a


copy to the Owner, of any error, omission, fault or other defect in the design
of or Specification for the Works or other such discovery, which he
discovers when reviewing the Contract or executing the Works.

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

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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.

CBG shall be extended in case Completion is delayed/ extended beyond


the schedule time for completion. as per direction of the Engineer-in-
Charge.
In the event, if Contract Price is increased during the Contract Validity
Period for any reason whatsoever, the value of the CBG shall be increased
proportionately by the Contractor within 7 (Seven) Days to ensure that it
remains valid for an amount which is equivalent to 10% of the revised
Contract Price, as determined by the Engineer-in-Charge.
If the Contractor fails to provide, maintain or renew the CBG in accordance
with the Contract, then HMEL may, without prejudice to any other rights
and remedies, to which it may be entitled, by giving written notice,
terminate the Contract forthwith.
Contract agreement shall be signed on receipt of CBG from the Contractor

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

(b) The climatic conditions.


The Contractor shall, when executing the Works during the
monsoon season, keep the Site free from water and maintain the
necessary work force as may be required. The Contractor agrees

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and acknowledges that it has provided for working in the monsoon


season and in the extreme weather conditions like fog during
winters/high temperatures during summers in its contracted
rates/prices and in the Time Schedule and that there shall be no
entitlement under this Contract for adjustment to the Contracted
rates/prices or the Time Schedule due to working during the
monsoon season or during extreme climatic condition..

(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,

And, in general, shall be deemed to have obtained all necessary


information, subject as above mentioned, as to risks, contingencies and all
other circumstances which may influence or affect his Tender.

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.

The programme to be submitted shall be a Master Control Network, which


shall include but not be limited to a comprehensive bar chart stipulating
quantities of work to be executed supported by corresponding machinery
deployment schedule. The Contractor shall submit the programme within
28 days from the date of issue of Letter of Acceptance.

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

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produce, at the request of Engineer-in-Charge, a revised programme


showing the modifications to such programme necessary to ensure
completion of the Works within the Time for Completion.

The revised programme shall be submitted by the Contractor within 14


days of request made by the Engineer-in-Charge. The programme shall be
reviewed jointly by the Owner or the Engineer-in-Charge and the
Contractor, at least at 3 months intervals, wherein the hold ups/ delays, if
any, in the progress of works, with reference to the agreed Schedule shall
be given Special Attention. Necessary modifications (updating/ revisions)
of the programme, within the overall Time of Completion, shall be carried
out by mutual agreement between the Owner or the Engineer-in-Charge
and the Contractor.

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.

If approval of the representative is withdrawn by the Engineer-in-Charge,


the Contractor shall, as soon as is practicable, having regard to the
requirement of replacing him as hereinafter mentioned, after receiving
notice of such withdrawal, remove the representative from the Works and
shall not thereafter employ him again on the Works in any capacity and
shall replace him by another representative approved by 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

(b) Such skilled, semi-skilled and unskilled labour as is necessary for


the proper and timely fulfilling of the Contractor's obligations under

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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:

(a) The accurate setting-out of the Works in relation to original points,


lines and levels of reference given by the Engineer-in-Charge in
writing,

(b) The correctness, subject as above mentioned, of the position, levels,


dimensions and alignment of all parts of the Works, and

(c) The provision of all necessary instruments, appliances and labour in


connection with the foregoing responsibilities.

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.

The checking of any setting-out or of any line or level by the Engineer-in-


Charge shall not in any way relieve the Contractor of his responsibility for
the accuracy thereof and the Contractor shall carefully protect and
preserve all benchmarks, sight-rails, pegs and other things used in setting-
out the Works.

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

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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.

(d) All lights provided by the Contractor shall be screened so as not to


interfere with any signal light on the railways or with any traffic or signal
lights of any local or other authority.

(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

(b) Keep the Site in an orderly state appropriate to the avoidance of


danger to such persons. If under Clause 31 the Owner shall employ
other contractors on the Site he shall require them to have the same
regard for safety and avoidance of danger.

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:

(a) If the Engineer-in-Charge/ Owner issues a Taking-Over Certificate for


any section or part of the Permanent, Works the Contractor shall cease
to be liable for the care of that section or part from the date of issue of
the Taking-Over Certificate, when the responsibility for the care of that
section or part shall pass to the Owner, and

(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,

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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:

20.4.1 In this Agreement, “Event of Force Majeure” means:

(a) War (whether declared or undeclared), invasion, armed conflict or act


of foreign enemy in each case involving or directly affecting India;

(b) Expropriation or confiscation of facilities by Government authorities.

(c) Revolution, riot, insurrection or other civil commotion, act of terrorism


or sabotage in each case within India;

(d) Nuclear explosion, radioactive or chemical contamination or ionizing


radiation directly affecting the Works, unless the source or cause of the
explosion, contamination, radiation or hazardous thing is brought to or
near the Works by any Party or by any Sub-Contractor or any of their
respective employees, servants or agents;
(e) Widespread, nationwide or political strikes, and/or lockouts which are
in each case within India and other than those occurring only at Site
and/or solely affecting the Party claiming the same as a Force Majeure
event ;
(f) Lightning, fire, earthquake, flood, storm, landslide, typhoon or tornado
or other similar acts of God within India;

(g) Explosion (other than a nuclear explosion or an explosion resulting


from an act of war) within India; or

(h) Epidemic or plague within India.

Provided always that the above-mentioned events satisfy all the following
conditions:

(a) It materially and adversely affects the performance of a right or

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obligation under this Agreement; and

(b) It is beyond the reasonable control of the affected Party; and

(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.

20.4.2 Events of Force Majeure do not include:

(a) Weather conditions to be reasonably expected for the climate in the


geographic area of the Project including the monsoon season;

(b) Any condition or event on Site arising from Clause above 20.4.2 (a)and

(c) Any manpower, material, power or equipment shortage.

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:

(a) The nature of the Event of Force Majeure;

(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

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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

(b) Use their best efforts to ensure resumption of normal performance of


this Agreement after the occurrence of any Event of Force Majeure
and shall perform their obligations to the maximum extent practicable
as agreed between the Parties. Upon cessation of any Event of Force
Majeure, the affected Party shall promptly notify the other Party of the
date of the cessation.

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.

20.4.9 Notwithstanding that an Event of Force Majeure otherwise exists, the


provisions of this Clause shall not excuse:

(a) Late performance of the Works by the Contractor caused by


inefficiencies on the part of the Contractor;

(b) Late performance by the Contractor caused by the Contractor’s failure


to hire an adequate number of personnel or by inefficiencies on the
part of the Contractor;

(c) Submission of Drawings for review/approval at such a time which does


not leave sufficient time to permit an orderly review thereof ; or

(d) Delays resulting from unfavorable weather or unsuitable ground

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conditions or from any similar cause; unless the Contractor establishes


to the reasonable satisfaction of the Engineer-in-Charge in-Charge and
the Owner that the delay or late performance arises out of an
occurrence other than that described in (a) to (d) above and which is
beyond the reasonable control of the Contractor and that a reasonable
alternative for the execution of the Works is demonstrably available.

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

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cancellation, change or non-renewal has been received by the Owner,


Lenders and the Contractor. All copies of policies and certificates of
insurance submitted under this Clause 21 shall be in form and content
acceptable to Lenders.

21.1.2 All policies, binders or interim insurance contracts in respect of the


insurance required under this Clause 21:

(a) Shall provide in respect of the respective interests of the named


insured that the insurance shall not be invalidated by any action or
inaction of the policy acquirer or any other person acting for or on
behalf of the policy acquirer and shall insure the named insured’s
regardless of any breach or violation of any warranty, declaration or
condition contained in such polices by the policy acquirer or any other
person acting for or on behalf of the policy acquirer; and

(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:

(a) The Contractor;

(b) The Owner pursuant to this Contract or because of deductible clauses


in or inadequacy or limits of any such policies of insurance.

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.

21.1.6 Subject to Clause 21.3

(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

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Price and shall be borne by the Contractor; and

(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.

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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.

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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

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settlement of claim at the earliest and no adjustment to the Time Schedule


for completion of the Works will be given for delay on this account.

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:

(a) Timely information for conducting survey.

(b) Protecting the rights of insurer while issuing acknowledgements.

(c) Lodging of monetary claims in time and furnishing of requisite


documents to surveyors/ Insurer.

(d) Taking necessary precautions so that the loss/ damage is not


aggravated further.

(e) Damaged goods to be protected fully.

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.

Exceptions 22.2 The “exceptions” referred to in Sub-Clause 22.1 are:

(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,

(c) Damage to property which is the unavoidable result of the execution

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and completion of the Works, or the remedying of any defects therein,


in accordance with the Contract, and

(d) Death of or injury to persons or loss of or damage to property resulting


from any act or neglect of the Owner, his agents, servants or other
contractors, not being employed by the Contractor, or in respect of any
claims, proceedings, damages, costs, charges and expenses in
respect thereof or in relation thereto or, where the injury or damage
was contributed to by the Contractor, his servants or agents, such part
of the said injury or damage as may be just and equitable having
regard to the extent of the responsibility of the Owner, his servants or
agents or other contractors for the injury or damage.

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.

23, 24, 25 Deleted

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

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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:

(a) The convenience of the public, or

(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

(b) The workmen of the Owner, and

(c) The workmen of any duly constituted authorities who may be


employed in the execution on or near the Site of any work not
included in the Contract or of any contract which the Owner may
enter into in connection with or ancillary to the Works.

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,

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(b) Permit the use, by any such, of Temporary Works or Contractor’s


Equipment on the Site, or

(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,

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GCC –Item Rate Contract

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.

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GCC –Item Rate Contract

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.

34.2.8 On receiving information of any breach, non-fulfillment and/or non-


observance by the Contractor and/or any of its Subcontractors and other
agencies engaged by the Contractor in connection with the Works or any of
the provisions or requirements of any of the Labour Laws, rules and
regulations and/or as to the inaccuracy of any of the returns or statements
furnished by the Contractor and/or Subcontractors and/or any records or
accounts maintained by any of them with respect to which the Owner as the
principal employer or otherwise can have a liability, the Owner shall be
entitled to deduct from the bills and any amounts due or becoming due to
the Contractor, under this or other contract(s) with the Contractor, any
sum(s) required or estimated to be required, in its judgment which shall be
final and binding on the Contractor, for making good or compensating for
the liability or possible liability of the Owner by reason of the said breach,
non-fulfillment or non-observance and/or inaccuracy aforesaid.

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

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GCC –Item Rate Contract

to more beneficial additional compliances or terms as and when required or


implemented pursuant to any provisions of the applicable laws, amendment
and or interpretation provided by any competent authorities in relation to
thereof; and that the Contractor hereby or thereby shall be under strict
obligation to identify and comply with all those set of compliances under
applicable laws /acts / rules / regulations whether or not the same are
mentioned / referred to anywhere / elsewhere in the GCC and / or in the
Contract. The compliance of the applicable law shall be, including but not
limited, to the performance and discharge of the Contract but also with
respect to all other attending and ancillary aspects under the Contract
including but not limited to all taxes / cess / duties / charges and other
aspects of fiscal nature in respect of the Contract.

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.

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GCC –Item Rate Contract

The Contractor shall comply with the provisions as under HL


Exhibit(attached with Annexure-XII).

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.

MATERIALS, PLANT AND WORKMANSHIP

Quality of 36.1 All materials, Plant and workmanship shall be:


Materials, (a) of the respective kinds described in the Contract and in accordance with
& Workmanship
the Engineer-in-Charge’s instructions, and

(b) Subjected from time to time to such tests as the Engineer-in-Charge


may require at the place of manufacture, fabrication or preparation, or
on the Site or at such other place or places as may be specified in the
Contract, or at all or any of such places.

The Contractor shall provide such assistance. labour, electricity, fuels,


stores, apparatus and instruments as are normally required for examining,
measuring and testing any materials or Plant and shall supply samples of
materials, before incorporation in the Works, for testing as may be selected
and required by the Engineer-in-Charge.

The Contractor is encouraged, to the extent practicable and reasonable, to


use materials, Contractor’s equipment, Plant, and supplies from sources
within India.

In line with requirements specified in Bidding Document, material shall be


properly stored by the Contractor in his warehouse to enable easy
traceability, handling and preservation with all material having proper
identification marks, colour coding etc. In case Contractor fails to follow the
specified requirements, next payment due to the Contractor shall not be
released till he complies with all the requirements.

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:

(a) Clearly intended by or provided for in the Contract, or necessary to


ensure quality control as per opinion of the Engineer-in-Charge. or

(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

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GCC –Item Rate Contract

where materials or Plant are being manufactured, fabricated or prepared for


the Works and the Contractor shall afford every facility for and every
assistance in obtaining the right to such access.

Inspection 37.2 The Engineer-in-Charge shall be entitled, during manufacture, fabrication or


and Testing preparation to inspect and test the materials and Plant to be supplied under
the Contract. If materials or Plant are being manufactured, fabricated or
prepared in workshops or places other than those of the Contractor, the
Contractor shall obtain permission for the Engineer-in-Charge to carry out
such inspection and testing in those workshops or places. Such inspection
or testing shall not release the Contractor from any obligation under the
Contract.

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.

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GCC –Item Rate Contract

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,

(b) The substitution of proper and suitable materials or Plant, and

(c) The removal and proper re-execution, notwithstanding any previous


test thereof or interim payment there for, of any work which, in
respect of

(i) Materials, Plant or workmanship, or

(ii) Design by the Contractor or for which he is responsible, is not, in


the opinion of the Engineer-in-Charge, 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.

Distinction 39.4 To distinguish between work in substructure and superstructures, the


Between following criteria shall apply:
Substructure
and For all equipments pedestals, pipe racks, other foundations and RCC
Superstructure structures, work done up to 300mm level above Highest Pavement
Point/Finished Floor Level will be taken work in sub-structure and work
above this level will be treated as work in superstructures.

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

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GCC –Item Rate Contract

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.

No electrical work or work pertaining to electrical system(s) shall be


permitted to be executed without a valid Electrical Contractors License
being produced by the Contractor or his nominated Sub-Contractor, as the
case may be, intending to execute the work.

SUSPENSION

Suspension 40. 1 The Contractor shall, on the instructions of the Engineer-in-Charge,


of Work suspend the progress of the Works or any part thereof for such time and in
such manner as the Engineer-in-Charge may consider necessary and shall,
during such suspension, properly protect and secure the Works or such
part thereof so far as is necessary in the opinion of the Engineer-in-Charge.
Unless such suspension is:

(a) Otherwise than as provided for in the Contract. ,

(b) Necessary by reason of some default of or breach of contract by the


Contractor or for which he is responsible,

(c) Necessary by reason of climatic conditions on the Site, or

(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

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GCC –Item Rate Contract

or from any of the risks defined in Sub-Clause 20.4), Sub-Clause 40.2


shall apply.

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 AND DELAYS

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.

Possession of 42.1 Save in so far as the Contract may prescribe:


Site and Access
Thereto (a) The extent of portions of the Site of which the Contractor is to be given
Possession from time to time

(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

(c) Engineer-in-Charge's notice to commence the Works, give to the


Contract or possession of So much of the Site, and

d) Such access as, in accordance with the Contract, is to be provided by


the Owner as may be required to enable the Contractor to commence
and proceed with the execution of the Works in accordance with the
program referred to in Clause 14, if any, and otherwise in accordance
with such reasonable proposals as the Contractor shall, by notice to the
Engineer-in-Charge with a copy to the Owner, make. The Owner will,
from time to time as the Works proceed, give to the Contractor
possession of such further portions of the Site as may be required to
enable the Contractor to proceed with the execution of the Works with
due dispatch in accordance with such programme or proposals, as the
case may be

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

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GCC –Item Rate Contract

the Site required by him for the purposes of the Works

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.

tension of 44.1 In the event of:


Time for (a) The amount or nature of extra or additional work beyond the
Completion permissible limits

(b) Any cause of delay referred to in these Conditions,

(c) Any delay, impediment or prevention by the Owner, or

(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.

Which effect the execution of work and entitle the Contractor to an


extension of the Time for Completion of the Works, or part thereof, the
Owner shall, after due consultation with the Engineer-in-Charge and the
Contractor determine the amount of such extension and shall notify the
Contractor accordingly. The decision of the Owner in this regards shall be
final and binding. The Contractor shall make such request with complete
details to Engineer-in-Charge, with a copy to the Owner, 28 days prior to
expiry of Time for Completion.

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-

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GCC –Item Rate Contract

Charge under this Clause, the Contractor considers that it is necessary to


do any work at night or on locally recognized days of rest, he shall be
entitled to seek the consent of the Engineer-in-Charge so to do. Provided
that if any steps, taken by the Contractor in meeting his obligations under
this Clause, involve the Owner in additional supervision costs, such costs
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.

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.

The Parties acknowledge that time and quality of performance is of the


essence in this Agreement. The Contractor hereby acknowledges and
agrees that failure of the Contractor to perform the Works in accordance
with the terms and conditions hereof shall cause the Owner substantial
damage. The Contractor and the Owner agree that the amounts fixed as
the price reduction under this Agreement are reasonable, considering the
loss and damage that the Owner would sustain in the event of failure of the
Contractor to perform the Works in accordance with the terms and
conditions of this Agreement and that such amounts are agreed upon and
fixed as the price reduction. The Parties agree that the price reduction is a
genuine pre-estimate of the losses and damages which will be suffered on
account of the deficiency or delay in performance by the Contractor of the
Works and the prescribed amounts of such price reduction shall be payable
on demand without there being any proof of the actual loss or damage
caused by such breach. The decision of Owner regard to the loss,
deficiency and/or delay shall be final and binding on Contractor.

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

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Contractor a Taking Over Certificate with a copy to the Owner

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

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GCC –Item Rate Contract

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.

ALTERATIONS, ADDITIONS AND OMISSIONS

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

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GCC –Item Rate Contract

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.

The Engineer-in-Charge shall, examine the rate analysis submitted by the


contractor and recommend the examined rate to the Owner for final review
and approval.

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.

Provided also that no varied work instructed to be done by the Engineer-in-


Charge pursuant to Clause 51 shall be valued under Sub-Clause 52.1 or
under this Sub-Clause unless, within 14 days of the date of such instruction
and, other than in the case of omitted work, before the commencement of
the varied work, notice shall have been given either:

(a) By the Contractor to the Engineer-in-Charge of his intention to claim


extra payment or a varied rate or price, or
(b) By the Engineer-in-Charge to the Contractor of his intention to vary a
rate or price.

Provided further that the quantities indicated in the Tender are


approximate. The approved Schedule of Rates of the Contract will be
applicable for variations of up-to plus or minus 25% of the estimated
contract value. No revision of schedule of rates will be permitted for such
variations in the contract value, even for variations of individual quantities,
addition of new items, alterations, additions/deletions or substitutions of

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items, as mentioned above.


For the variation beyond +25% in the Contract Price, the following
conditions shall apply:
(a) For the increase between25% to 40% (over & above the Contract Price)
– the contractor shall pass on a discount of 2% of the incremental
value, beyond +25%, to the Owner.
(b) For the increase between40% to 50% (over & above the Contract Price)
– the contractor shall pass on a discount of 3% of the incremental
value, beyond +25%, to the Owner.
(c) For the increase above 50% (over & above the Contract Price) – the
contractor shall pass on a discount of 4% of the incremental value
beyond +25% to the Owner.
(d) In case of the decrease in the Contract Price below (-) 25% of the
Contract Price, the Owner shall pass on a credit of 2% of the
detrimental value beyond -25% to the Contractor.

PROCEDURE FOR CLAIMS

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.

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GCC –Item Rate Contract

CONTRACTOR’S EQUIPMENT, TEMPORARY WORKS AND


MATERIALS

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.

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GCC –Item Rate Contract

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.

d. No material shall be allowed to be taken outside the Plant without a


duly signed gate pass by the Engineer-in Charge
e. The Contractor with the approval by the Engineer-in-Charge shall be
responsible for proper storage, preservation and watch & ward of the
material(s), provided that no such approval shall absolve the
Contractor in whole or part of its full liabilities in respect of such
material(s), and the Contractor shall be and remain responsible at all
times at its own risk and cost to ensure that the material(s) are
retained at all times in premises that are air and water tight and
otherwise suitable

f. Return of Surplus/ unused Material

(i) All Surplus/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).

(ii) In case the Contractor fails to return Surplus/unused/scrap


materials, then recovery for such quantity of materials, not
returned by the Contractor shall be affected at penal rates, as
detailed under other contract documents, 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

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GCC –Item Rate Contract

cuts to be returned to Owner's stores.


(Note: Detailed FIM procedure is as per Appendix)

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.

If the Contractor fails to apply to Engineer-in-Charge and commences with


the Work or Supply, may do so at his own risk.

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:

(a) Forthwith attend or send a qualified representative to assist the


Engineer-in-Charge in making such measurement, and

(b) Supply all particulars required by the Engineer-in-Charge. Should the


Contractor not attend, or neglect or omit to send such representative,
then the measurement made by the Engineer-in-Charge or approved by
him shall be taken to be the correct measurement of such part of the
Works. For the purpose of measuring such Permanent Works as are to
be measured by records and drawings, the Engineer-in-Charge shall
prepare records and drawings as the work proceeds and the Contractor,
as and when called upon to do so in writing, shall, within 14 days, attend
to examine and agree such records and drawings with the Engineer-in-
Charge and shall sign the same when so agreed. If the Contractor does
not attend to examine and agree such records and drawings, they shall
be taken to be correct. If, after examination of such records and
drawings, the Contractor does not agree the same or does not sign the
same as agreed, they shall nevertheless be taken to be correct, unless
the Contractor, within 14 days of such examination, lodges with the
Engineer-in-Charge notice of the respects in which such records and
drawings are claimed by him to be incorrect. On receipt of such notice,
the Engineer-in-Charge shall review the records and drawings and either
confirm or vary them

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.

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CERTIFICATES AND PAYMENT

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.

(e) Amount reflecting changes in cost and legislation, pursuant to Clause


64, expressed in the relevant amounts of foreign and local currencies;

(f) Any amount to be withheld under the retention provisions of Sub-


Clause 55.4, determined by applying the percentages set forth in Sub-
Clause 55.4 to the amounts in foreign and local currencies due under
paragraphs 55.1(c), (d) and (e);

(g) Any amount to be deducted as repayment of the Advances under the


provisions of the Sub-Clause 55.6; and

(h) Any other sum, expressed in the applicable currency or currencies, to


which the contractor may be entitled under the Contract or otherwise

(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

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GCC –Item Rate Contract

amounts due to the Contractor. All on-account payments shall be regarded


merely as advance payments against the amount which will become due to
the Contractor in terms of the Contract, and any such payments shall be
without prejudice to the full rights of the Owner under the Contract and to
the liabilities of the Contractor thereunder, and specifically shall not be
regarded as an acceptance or Completion of any Work(s) paid for in terms
of any Running Account Bill or otherwise, notwithstanding any verification
or certification by the Engineer-in-Charge in respect thereof.

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:

i. The materials are in accordance with the specifications for the


works;

ii. The materials have been delivered to the site and are properly
stored and protected against loss, damage, or deterioration

iii. The Contractor's records of the requirement orders, receipts, and


use of materials are kept in a form approved by the Engineer-in-
Charge and such records are available for inspection by the
Engineer-in-Charge.

iv. The Contractor has submitted a statement of his cost of acquiring


and delivering the materials to the site together with such documents
as may be required for the purpose of evidencing such cost.

v. The materials are to be used within a reasonable time.

(b) The amount to be credited to the Contractor shall be the equivalent of


75%(Seventy Five percent) of the Contractor's reasonable cost of the
materials delivered to the site as determined by the Engineer-in-Charge
after review of the documents listed in sub-para (a)(iv) above,

(c) The amount to be debited to the Contractor any materials and


incorporated into the Permanent works shall be equivalent to the credit
previously granted to the Contractor for such materials pursuant to Sub-
Clause (b) above as determined by the Engineer-in-Charge and

The currency in which the respective amounts shall be credited or


debited as set forth above shall be in INR

Retention Money 55.4 Deleted

Payment of 55.5 Deleted


Retention Money

Advance 55.6 if any shall be as per Price Basis/ SCC/ ITB


Payment

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GCC –Item Rate Contract

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

(b) In the case of Final Payment Certificate pursuant to Sub-Clause 55.11,


within 60 days from certification by 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.

If the Engineer-in-Charge disagrees with or cannot verify any part of the


draft final statement, the Contractor shall submit such further information as
the Engineer-in-Charge may reasonably require and shall make such
changes in the draft as may be agreed between them.

The Contractor shall then prepare and submit to the Engineer-in-Charge


the final statement as agreed for the purposes of these Conditions referred
to as the "Final Statement".

If, following the discussions between the Engineer-in-Charge and the


Contractor and any changes to the draft final statement which may be
agreed between them, it becomes evident that a dispute exists, the
Engineer-in-Charge shall deliver to the Owner an Interim Payment
Statement for those parts of the draft final statement, if any, which are not
in dispute. The dispute shall then be settled in accordance with Clause 61.
The Final Statement shall be the agreed upon settlement of the dispute.

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

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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

(a) The amount which, in the opinion of the Owner/ Engineer-in-Charge, is


finally due under the Contract or otherwise, and

(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

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Contractor (other than a voluntary liquidation for the purposes of amalgamation or


reconstruction), or becomes insolvent, or makes an arrangement with. Or
assignment in favor of, his creditors, or agrees to carry out the Contract
under a committee of inspection of his creditors, or if a receiver,
administrator, trustee or liquidator is appointed over any substantial part of
his assets, or if, under any law or regulation relating to reorganization,
arrangement or readjustment of debts, proceedings are commenced
against the Contractor or resolutions passed in connection with dissolution
or liquidation or if any steps are taken to enforce any security interest over
a substantial part of the assets of the Contractor, or if any act is done or
event occurs with respect to the Contractor or his assets which, under any
applicable law has a substantially similar effect to any of the foregoing acts
or events, or if the Contractor has contravened Sub-Clause 3.1, or has an
execution levied on his goods, or if the Engineer-in-Charge certifies to the
Owner, with a copy to the Contractor, that, in his opinion, the Contractor:

(a) Has repudiated the Contract,


(b) without reasonable excuse has failed
i. To commence the Works in accordance with Sub-Clause 4 1.1, or

ii. To proceed with the Works, or any section thereof, within 28 days
after receiving notice pursuant to Sub-Clause 46. 1,

has failed to comply with a notice issued pursuant to Sub-Clause 37.4 or


an instruction issued pursuant to Sub-Clause 39.1 within 28 days after
having received it, despite previous warning from the Engineer-in-Charge,
in writing, is otherwise persistently or flagrantly neglecting to comply with
any of his obligations under the Contract, or has contravened Sub-Clause
4.1, then the Owner may, after giving 14 days' notice to the Contractor,
terminate the contract or a ·.part thereof without thereby releasing the
Contractor from any of his obligations or liabilities under the Contract, or
affecting the rights and powers conferred on the Owner or the Engineer-in-
Charge by the Contract, and recover the possession and enter upon the
Site and the Works and may himself complete the Works or may employ ,
any other contractor to complete the Works at his risk and cost. The
Owner Or such other contractor may use for such completion so much of
the Contractor's Equipment, Temporary Works and materials which have
been deemed to be reserved exclusively for the execution of the works,
under the provisions of the contract, as he or they may think proper, and
the Owner may, at any time, sell any of the said Contractor’s Equipment,
Temporary Works, and unused Plants and materials and apply the
proceeds of sale in or towards the satisfaction of any sums due or which
may become due to him from the Contractor under the Contract.

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

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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.

Corrupt or 57.5 If in the judgment of the Owner/Engineer-in-Charge the Contractor has


Fraudulent engaged in corruptor fraudulent practices, in competing for or in executing
Practices the Contract, then the Owner may, after having given 14 days’ notice to the
Contractor, terminate the Contract and expel him from the Site, and the
provisions of Clause 57 shall apply as if such expulsion had been made
under Sub- Clause 57.1. The Contractor shall not be entitled for any
compensation whatsoever under this clause.

For the purpose of this sub-clause:

(i) "Corrupt practice" means the offering, giving, receiving or soliciting of


anything of value to influence the action of an Owner’s official in the
procurement process or in contract execution.

(ii) "Fraudulent practice" means a misrepresentation of facts in order to


influence a procurement process or the execution of a contract to the
detriment of the Owner, and includes collusive practice among bidders
(prior to or after bid submission) designed to establish bid prices at artificial
non-competitive levels and to deprive the Owner of the benefits of free and
open competition.

(iii) “False/Fake” means to make or construct falsely. “Faked alibi” is a


made, manufactured, or false alibi. Something that is not what is purports to
be; counterfeit, an imposter.

(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

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Pilferage employees representatives, officials, etc. of the Contractor are found to


have involved in any act of theft and/or pilferage of materials/property,
belonging to Owner and/or any other contractor working at Site, the
Engineer-in-Charge shall have the sole authority to determine the value of
such losses, resulting out of such acts. The Owner shall initiate suitable
legal proceedings against such persons/Contractor and recover the amount
of such losses/damages from the dues paid or to be paid to the Contractor.
The Owner may also take action under clause 67.1 herein.

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

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prejudice to the rights of either party in respect of any antecedent breach


thereof.

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:

(a) The amounts payable in respect of any preliminary items referred to in


the SOR, so far as the work or service comprised therein has been
carried out or performed, and a proper proportion of any such items
which have been partially carried out or performed;
(b) The cost of materials, Plant or goods reasonably ordered for the Works
which have been delivered to the Contractor or are yet to be delivered
to the Contractor, and which Owner decides to retain or take delivery of
;
(c) A sum being the amount of any expenditure reasonably incurred by the
Contractor in the expectation of completing the whole of the Works
insofar as such expenditure has not been covered by any other
payments referred to in this Sub-Clause;
(d) Such proportion of the cost as may be reasonable, taking into account
payments made or to be made for work executed, of removal of
Contractor’s Equipment under Sub-Clause 59.7 and, if required by the
Contractor, return thereof to the Contractor’s main plant yard in his
country of registration or to other destination, at no greater cost; and
(e) The reasonable cost of repatriation of all the Contractor’s staff and
workmen employed on or in connection with the Works at the time of
such termination.

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.

RELEASE FROM PERFORMANCE

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

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provisions of Clause 59.

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.

61.5 Upon receiving such a Notice Invoking Arbitration, the Appointing


Authority shall appoint the arbitrator within thirty (30) days from the date of
receipt of such Notice Invoking Arbitration. Failing which, the Party issuing
the Notice Invoking Arbitration may, after the expiry of thirty (30) days,
approach the Chief Justice of Delhi High Court alone for the appointment
of the arbitrator as also agreed in clause 61.12 herein.

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.

61.7 The arbitral tribunal as constituted by the Appointing Authority shall


comprise of a sole independent arbitrator, The arbitrator appointed in
pursuance of Clause 61.7 shall be paid fees in accordance with the
Schedule IV appended to the Arbitration and the Conciliation Act, 1996

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

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substantive and procedural law of such arbitration.

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

Default of 63.1 In the event of the Owner:


Owner
(a) Failing to pay to the Contractor the amount due under any certificate of
the Engineer-in-Charge within 28 days after the expiry of the time
stated in Sub- Clause 55.7, within which payment is to be made,
subject to any deduction that the Owner is entitled to make under the
Contract,
(b) Interfering with or obstructing or refusing any required approval to the
issue of any such certificate,
(c) Becoming bankrupt or, being a company, going into liquidation, other
than for the purpose of a scheme of reconstruction or amalgamation, or

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

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Termination obligations to the Contractor in regard to payment as if the Contract had


been terminated under the provisions of Clause 59,

CHANGES IN COST AND LEGISLATION

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 AND RATES OF EXCHANGE

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,

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manufacture, sale and transportation of the Contractor's Equipment, Plant,


and materials and be used on or furnished under the Contract, and on the
services performed under the Contract.

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.

VAT/WCT on works contract is applicable and is to be deducted at source,


the same will be deducted from the bills of the Contractor and paid to the
concerned authorities as per the prevailing rules. The certificate of such
payments of VAT/WCT on works contract will be furnished to the
Contractor. Owner/Owner will not issue any Form C

Income tax/TDS will be deducted at source as per rules at prevailing rates,


unless a valid certificate, if any, for deduction at lesser rate or nil deduction
is submitted by the Contractor from appropriate authority.

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.

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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:

i. The Contractor materially fails to conform to the requirements of this


Contract; or

ii. The Contractor fails to commence the Works or make progress so


as to materially endanger completion of any of the Works or
Commissioning in accordance with the Time Schedule; or
iii. The Contractor abandons the Works or plainly demonstrates an
intention not to continue performance of its obligations under this
Contract; or
iv. The Contractor is in material breach of any of the terms of this
Contract; or
v. The Contractor subcontracts the whole or part of the Works to a third
party without the prior written consent of the Owner; or
vi. The Contractor does not procure any of the bank guarantees
required in accordance with this Contract; or
vii. The Contractor suffers or incurs an insolvency event including but
not limited to a general assignment for the benefit of its creditors, the
appointment of a trustee or a receiver for any of the Contractor’s
property and the filing of a petition by the Contractor to take
advantage of any debtor’s act, or to reorganize under bankruptcy or
similar laws; or
viii. The Contractor suspends the Works for more than a period of 15
days without any lawful excuse under this Contract; or
ix. The Contractor fails to remove materials from the Site or to pull
down and replace work within 15 days after receiving from the
Engineer-in-Charge written notice that the said materials or work
were condemned and/or rejected by the Engineer-in-Charge-in-
Charge; or
x. Has acted in any manner to the detrimental interest, reputation,
dignity, name or prestige of the Owner; or
xi. Has failed to pay its Subcontractors; or
xii. Has become untraceable; or
xiii. The Contractor or any of its employees, agents or representatives
request, give or offer to give to any person, either directly or
indirectly, any bribe, gift, gratuitous payment, commission or any
other thing of value as an inducement or reward (a) for doing or
forbearing to do any action in relation to this Contract, or (b) for
showing or forbearing to show favor or disfavor to any person in
relation to this Contract.

xv. Failure to deposit the Initial Security Deposit within 30 days of


receipt by the Contractor’s Acceptance of Tender.

(b) Upon termination for default, the Contractor shall:

i. Immediately discontinue the execution of the Works on the date


and to the extent specified in the notice and place no further sub-
contracts to the extent that they relate to the performance of the

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terminated Works;

ii. Promptly obtain cancellation upon terms satisfactory to the


Owner of all sub-contracts, rentals, or any other Contracts
existing for performance of the terminated Works or assign those
Contracts as directed by the Owner;

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;

iv. Assist the Owner in the maintenance, protection, and disposition


of any work in progress, plant, tools, equipment, property and
materials acquired by the Contractor or furnished by the Owner
under this Contract.

v. Handover all relevant documents to the Engineer-in-Charge-in-


Charge, whether complete or in progress;

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.

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(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.

Termination by the Owner for convenience (“Optional


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:

i. Immediately discontinue the Works and place no further


Subcontracts;

ii. Promptly obtain cancellation upon terms satisfactory to the Owner


of all Subcontracts or any other Contracts existing for the

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performance of the Works, or assign or novate those Contracts as


directed by the Owner;

iii. Assist the Owner in the maintenance, protection, and disposition of


any work in progress, plant, tools, equipment, property and
materials acquired by the Contractor or furnished by the Owner
under this Contract and comply with the provisions of this Clause
and

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:

i. In accordance with the provisions of this Contract measure the


works carried out by the Contractor;

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.

(c) The Contractor acknowledges and agrees that in the event of


termination of this Agreement, the Owner shall not be responsible or
liable to make payment of any amount, including damages, if any, to
the Sub-Contractors.

(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.

(e) Except as otherwise provided in this Clause, termination of this


Agreement shall not relieve either Party of the obligations imposed by
this Agreement with respect to the execution of the Works.

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.

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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.

Electricity Charges shall be decided & circulated by the Owner on time to


time on actual basis. Billing and payment for the same shall be made at the
time of actual utilization.

Contractor acknowledges that any interruption or non-availability for any


reason shall not constitute a condition for claim of extra time or costs on
part of Contractor. The Contractor shall make adequate provision for diesel
generator sets as a standby power source for all the activities which require
uninterrupted power.

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

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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:

(a) Where unnecessary destruction, scarring, damage or defacing may


occur as a result of the Contractor's operation, the same shall be
repaired, replanted or otherwise corrected at the Contractor's expense.
The Contractor will prevent scattering of rocks and other debris outside
the work areas. All work areas shall be smoothed and graded in a
manner to conform to the natural appearance of the landscape as
directed by the Engineer-in-Charge.
(b) In the Conduct of construction activities and operation of equipment,
the Contractor shall utilize such practicable methods and devices as
are reasonably available to control, prevent and otherwise minimize air
pollution. The Contractor shall fully comply with Air (prevention and
Control of Pollution) Act, 1981 - Section 31 (A).
(c) Burning of materials resulting from clearing of tree, bush, combustible
construction materials and rubbish may be permitted only when
atmospheric conditions for burning are considered favorable.
(d) Wood, if required, shall have to be purchased from the State Forest
Department.
(e) Medical facilities as well the recreational facilities shall also be provided
to the labourers.
(f) All labourers to be engaged for construction work shall be thoroughly
examined by health personnel and adequately treated before they are
deployed in the work.
(g) Contractor shall employ maximum number of local people in not only
un-skilled category but also in semi-skilled and skilled categories by
imparting skills through training to selected locals. Detailed plan
regarding this should be submitted by the contractor within one month
from the date of issue of Letter of Acceptance.

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.

Limitation of 76 Except in cases of criminal negligence or willful misconduct,


Liability
(a) The Contractor shall not be liable to the Owner, whether in contract,
tort, or otherwise, for any indirect or consequential loss or damage, loss
of use, loss of production, or loss of profits or interest costs, provided

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GCC –Item Rate Contract

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.

STATUTORY 79 Obtaining statutory approvals, required as defined in contractor’s scope


APPROVALS under Technical Scope of work, shall be the responsibility of the
contractor. Contractor shall arrange the inspection of the works by the
authorities and necessary co-ordination and liaison work in this respect.
The application on behalf of the Employer for submission to relevant
authorities along with copies of required certificates complete in all
respects shall be prepared and submitted by the Contractor well ahead of
time so that the actual construction/ commissioning of the work is not
delayed for want of the approval/inspection by concerned authorities.
Statutory fees paid, if any, for all such inspections and approvals by
authorities shall be deemed to be included in the quoted prices, if not
specified otherwise.
Any change/ addition required to be made to meet the requirements of the
statutory authorities shall be carried out by the Contractor free of charge.
The inspection and acceptance of the work by statutory authorities shall
however, not absolve the Contractor from any of his responsibilities under
this contract.
All statutory approvals other than specified elsewhere shall be obtained
by Employer and provided to the Contractor.

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APPENDIX- I

CONDITIONS FOR ISSUE & RECONCILIATION OF FREE ISSUE MATERIAL

CONDITIONS FOR FREE ISSUE OF MATERIALS


1.0 Whenever any material is issued by Owner, following conditions for issue of material in
addition to other conditions specified in the contract shall be applicable:

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.

1.6 1.6.1 Return of unused Material

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).

1.6.2 No credit will be given to the Contractor for return of scrap.

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:

Sl.No. Material Penal Rates


a) Penal rate for non-return Issue Rate + 10%
of accountable scrap or
Landed Rate + 10% (in case issue
rate are not indicated in the contract)
b) Penal rates for non- Issue Rate + 25%
return of Unused or
material/excess scrap Landed Rate + 25% (in case Issue
Generated Rates are not indicated in the
Contract)

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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

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Contract.

3.0 REINFORCEMENT BARS/ STRUCTRUL STEEL/ PLATES

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.

3.2 All reinforcement bars/structural steel/steel plates shall be issued in available


length/shapes/sizes and no claims for extra payment on account of issue of non-standard
lengths/shapes/sizes bending etc. shall be entertained. Reinforcement bars and structural steel
shall be issued on weighment basis as per normal warehousing practice. In exceptional
circumstances, the reinforcement bars/structural steel, if issued on linear measurement, the IS
coefficients for unit weight shall be considered. For the purpose of billing and accounting, only
linear measurements will be taken and weight will be calculated as per IS co-efficient in three
decimals. The difference in unit weight as per IS and actual as issued, if any, shall be to
Contractor's account and Contractor is deemed to have considered the same at the time of
bidding.

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.

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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 Appropriation of cables shall be done as follows:

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.

7.0 LINE PIPES

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GCC –Item Rate Contract

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:

7.1.1 Corrosion Protection Coating is intact.

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:

a) Unaccountable wastage 0.1%

b) Scrap (All cut pieces of pipes measuring less 0.25%


than 2 Meter).

c) Serviceable materials (All cut pieces of pipe 0.50%


0.5%measuring 2 Meter and above)

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.

8.0 OPTICAL FIBRE CABLE


For the purpose of accounting of optical fiber cable, all cut pieces measuring in length of 40 m
and above when returned to Owner's storage points shall be treated as serviceable materials.
All cut pieces of cable measuring less than 40 M will be treated as scrap.

For the purpose of accounting of OFC (Optical Fiber Cable) following allowances shall be
permitted:

a
Unaccountable wastage 0.10%

b Scrap (All cut pieces of cables measuring


0.25%
less than 40m)
c Serviceable material (measuring 40M and
0.25%
above)

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.

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GCC –Item Rate Contract

9.0 OFC JOINTING KITS


The Contractor shall make a schedule for use of Cable jointing kits and get the same approved
from Engineer-in-Charge. The quantity mentioned in this schedule will be termed as 'planned'
usage quantity which shall be issued to the Contractor. However, any jointing based on site
requirements as decided by Engineer-in-Charge shall be included in planned quantity.

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.

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APPENDIX- II

INDEX OF BANK GUARANTEE AND AGREEMENT PROFORMAS

SL.
DESCRIPTION NO. OF SHEETS
NO.

1 ADDRESS OF HMEL 1

2 BANK GUARANTEE FOR EMD 3

3 ADVANCE BANK GUARANTEE 2

4 PERFORMANCE BANK GUARANTEE 3

5 INDEMNITY BOND FOR SUPPLY OF MATERIALS 3

6 COMPOSITE BANK GUARANTEE FOR SECURITY DEPOSIT/ 3


PERFORMANCE GUARANTEE

7 CONTRACT AGREEMENT/ FORM OF AGREEMENT 3

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GCC –Item Rate Contract

HPCL-MITTAL ENERGY LIMITED


(AJOINT VENTURE COMPANY OF HPCL & MEI)
INOX TOWER, PLOT NO.17, SECTOR 16-A, NOIDA (UP) PIN - 201 301
PHONE NO: 0120 – 4634500, email : info@hmel.in

Regd. Office : Village Phulokhari, Taluka Talwandi Saboo,


Bathinda, (Punjab) – 151 301
Tel : 01655 – 241775 / 242077, Fax : 01655 - 241775

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GCC –Item Rate Contract

INDEX OF BANK GUARANTEE AND AGREEMENT PROFORMAS

SL.
DESCRIPTION NO. OF SHEETS
NO.

1 ADDRESS AND BANK DETAILS OF HMEL 1

2 BANK GUARANTEE FOR EMD 3

3 ADVANCE BANK GUARANTEE FOR MOBILIZATION 2

4 INDEMNITY BOND FOR SUPPLY OF MATERIALS 3

5 COMPOSITE BANK GUARANTEE FOR SECURITY DEPOSIT/ 3


PERFORMANCE GUARANTEE

6 FORM OF AGREEMENT/ CONTRACT AGREEMENT 2

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GCC –Item Rate Contract

HPCL-MITTAL ENERGY LIMITED


(A JOINT VENTURE COMPANY OF HPCL & MEI)
INOX TOWER, PLOT NO.17, SECTOR 16-A, NOIDA (UP) PIN - 201 301
PHONE NO: 0120 – 4634500, email : info@hmel.in

Regd. Office : Village Phulokhari, Taluka Talwandi Saboo,


Bathinda, (Punjab) – 151 301
Tel : 01655 – 241775 / 242077, Fax : 01655 - 241775

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

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GCC –Item Rate Contract

BANK GUARANTEE FOR BID SECURITY/EMD

(ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

To,

M/s HPCL-MITTAL Energy Limited,


INOX Towers, Plot No. 17,
Sector - 16-A, NOIDA
Uttar Pradesh – 201 301
B.G. NO. : ________________
AMOUNT: ________________
DATE: ________________
VALID UPTO: ________________
CLAIM PERIOD UPTO: _______________

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).

AND THE BANK DOTH HEREBY AGREE AS FOLLOWS:

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

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GCC –Item Rate Contract

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.

7. This Guarantee/undertaking shall not be determined or affected by the liquidation or winding up or


dissolution or change of constitution or insolvency of the Tenderer or any change in the legal
constitution of the Bank or the Company.

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: -------------------------------

Name of the Branch: ------------------------

WITNESSES:

1. SIGNATURE : ---------------------------
NAME : --------------------------
DESIGNATION : ---------------------------

2. SIGNATURE : ---------------------------
NAME : ---------------------------
DESIGNATION : ---------------------------

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GCC –Item Rate Contract

ADVANCE BANK GUARANTEE FOR MOBILIZATION


(To be typed on Non-Judicial stamp paper of appropriate value)

To,

M/s HPCL-MITTAL Energy Limited,


INOX Towers, Plot No. 17,
Sector - 16-A, NOIDA
Uttar Pradesh – 201 301¬
B.G. NO. : ________________
AMOUNT: ________________
DATE: ________________
VALID UPTO: ________________
CLAIM PERIOD UPTO: _______________

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)

1. We, ............................... Bank , having office at ........................................(hereinafter referred to as


“The Bank”) do at the request and on behalf of “The Supplier’s/Contractor” hereby agree to pay to
“The Company” without any demur on first demand an amount not exceeding Rs ...................../-
(Rupees ---------------------------- only ) against any loss or damage , costs , to or suffered by “the
Company” by reason of ay breach on the part of “the Supplier” of any of the terms and conditions
of the said order.

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.

3. We, the ....................................... Bank, ................................................. further agree that the


amount demanded by “the Company” as such shall be final and binding on “the Bank” as to the “the
Bank’s” liability to pay the amount demanded and the “the Bank” undertake to pay “the Company”
the amount so demanded on first demand and without any demur notwithstanding any dispute
raised by “the Supplier/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 .

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GCC –Item Rate Contract

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.

6. We, the .................................................. Bank , ........................................... further undertake not to


revoke this guarantee during the currency except with the previous consent of “the Company” in
writing

7. Not withstanding anything contained herein above :

a. Our liability under this guarantee shall not exceed Rs .............................. /-


(Rupees............................. only).

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.

IN WITNESS whereof, the Bank has executed this document at……………….on


this ................................................... day of ....................................................

Signature : ------------------------------
Name : ------------------------------
Designation : ------------------------------
Name of the Branch: -----------------------------

WITNESSES:

1. SIGNATURE : -------------------------
NAME : -------------------------
DESIGNATION : -------------------------

2. SIGNATURE : ------------------------
NAME : ------------------------
DESIGNATION : ------------------------

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GCC –Item Rate Contract

COMPOSITE BANK GUARANTEE FOR SECURITY DEPOSIT/ RETENTION MONEY/ PERFORMANCE


GUARANTEE

(On Non-Judicial Stamp Paper of appropriate value)

To,

M/s HPCL-MITTAL Energy Limited,


INOX Towers, Plot No. 17,
Sector - 16-A, NOIDA
Uttar Pradesh – 201 301
B.G. NO. : ________________
AMOUNT: ________________
DATE: ________________
VALID UPTO: ________________
CLAIM PERIOD UPTO: _______________

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.

1. We ---------------------------------- Bank, having office at ---------------------------- (hereinafter referred to as


“the Bank” which expression shall include its successors and assignees) at the request and on
behalf of the Contractor hereby agree to pay to the Company without any demur on first demand
an amount not exceeding Rs. ------------------ (Rupees ----------------------- only), against any loss or
damage, costs, charges and expenses caused to or suffered by the Company by reason of non-
performance and non-fulfillment or for any breach on the part of the Contractor of any of the terms and
conditions of the Contract.

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

7 July 2017 Page 78 of 84


GCC –Item Rate Contract

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.

6. Notwithstanding anything contained herein above:

(i) Our liability under this Guarantee shall notexceed Rs.------------------- (Rupees_________only).

(ii) This guarantee shall be valid up to and including ---------------, and

(iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only
and only if you serve upon us a written claim or demand 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 : ------------------------

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GCC –Item Rate Contract

2. SIGNATURE : -----------------------

INDEMNITY BOND FOR SUPPLY OF MATERIALS


(TO BE NOTARIZED AND ON STAMP PAPER OF APPROPRIATE VALUE)

To,

M/s HPCL-MITTAL Energy Limited,


INOX Towers, Plot No. 17,
Sector - 16-A, NOIDA
Uttar Pradesh – 201 301

WHEREAS M/S HPCL–MITTALENERGYLIMITED (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 Indemnified” which expression shall
include its successors in business and assignees) has awarded to 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
Indemnifier” which expression shall include its successors and assignees) a contract for conditions set out,
inter-alia, in the indemnified’ s Contact NO________ dated__________(referred to as “the Contract) to the
Indemnified hereinafter

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.

NOW THEREFORE, in consideration of the agreement aforesaid, the Indemnifier


_________________hereby irrevocably and unconditionally and jointly and severally undertake to
indemnify and always keep the Indemnified from and against all loss, damage and destruction (inclusive
but not limited to any or all loss or damage or destruction to or of the said material or any item or part
thereof) by theft, fire, flood, storm, tempest, lightening, explosion, storage, chemical or physical
action or reaction, bending, wrapping, exposure, rusting, faulty workmanship, faulty fabrication or
faulty method of technique of fabrication, riot, civil commotion or other act of omission or commission
whatsoever within or beyond the control of the Indemnifier, misuse and misappropriation by the
Indemnifier’s servants and/or agents whatsoever to, of or in the said material or any part or item thereof
between the date of supply of the said material or relative part or item thereof to the Indemnifier upto
and until the return to the Indemnified on due dates of the said material or relative part or item thereof or
in Company of the said material in the permanent works as per drawings/job specifications/directions of
the Indemnified or his authorized representatives AND jointly and severally undertake to pay to the
Indemnified forthwith on first demand in writing without protest or demur the value of the said material or
item part thereof lost, damaged, destroyed, misused and/or misappropriated, as the case may be, inclusive
of the Indemnifier’s cost and expenses (inclusive but not limited to handling, transportation, cartage,
insurance, freight, packing and inspection costs and/or expenses) as specified in the said demand.

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GCC –Item Rate Contract

AND the Indemnifier hereby agree with the indemnified that:

1. This Indemnity shall remain valid and irrevocable until the settlement of all claims of the
Indemnified 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__.

7 July 2017 Page 81 of 84


GCC –Item Rate Contract

______________________________________
(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 : -----------------------------

7 July 2017 Page 82 of 84


GCC –Item Rate Contract

FORM OF AGREEMENT/ CONTRACT AGREEMENT

This Agreement is made this_____day of___20______.

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.

IT IS HEREBY AGREED AS FOLLOWS:

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.

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GCC –Item Rate Contract

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.

11 This Agreement shall be governed by the laws of the Republic of India.

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.

For and on behalf of HPCL-MITTAL ENERGY LIMITED (HMEL)

Signature : --------------------------------
Name : --------------------------------
Designation : --------------------------------
Place : --------------------------------
Date : --------------------------------

Witness

1.

2.

For and on behalf of [ ]

Signature : --------------------------------
Name : --------------------------------
Designation : --------------------------------
Place : --------------------------------
Date : --------------------------------

Witness

1.

2.

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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.

- Contract Labour ( Regulation & Abolition) Act , 1970


- Inter-State MigrantWorkmen Act 1979
- Employees PF & Misc. Provision Act ,1952
- Factories Act ,1948 and Punjab Factory Rules, 1952
- Industrial Disputes Act ,1947
- Minimum Wages Act ,1948
- Payment of Bonus Act ,1965
- Payment of Gratuity Act ,1972
- Building & Other Construction Workers Act, 1996; if applicable
- The Building and other Construction Workers' Welfare Cess Act, 1996 and welfare Cess
Rules 1998; if applicable
- Employee Compensation Act ,1923
- Maternity Benefits Act ,1961
- Payment of Wages Act ,1936
- Equal Remuneration Act, 1976
- The Punjab Labour Welfare Fund Act, 1965 and the Punjab Labour Welfare Fund Rules,
1966
All the wage payments to the workers deployed at site, will be disbursed through Bank Accounts
th
onlyon or before 7 of subsequent month. If in case contractor fails to make the timely wage
payment as per Payment of Wages Act, 1936 and Contract Labour Act 1970, the contractor is liable
to pay a sum of Rs. 100/- per person per day for delay period as penalty. HMEL is authorized to
deduct the same from the bills of contractor.
Contractors need to ensure following amenities / facilities before deployment of manpower at
GGSR.

SN Amenities / Facilities Required Nos. to be provided.

1 Drinking water Contractors to ensure sufficient supply of wholesome drinking


water to the manpower deployed at site. Contractors to ensure
st th
supply of cool drinking water during 1 May to 30 Sept.

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
Format No. HL -1
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room arrangement, drinking water, lighting, ventilation and proper


housekeeping.

6 Canteen In case of manpower deployment is more than 250 Nos.


Contractors need to provide subsidized canteen arrangement for
the manpower deployed at site.

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.

1.2 Labour License

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.

1.3 Employee Compensation Scheme


Each and every contactor’s person deployed at GGSR (HMEL) should be covered under valid
Employee Compensation Policy(Policy to be obtained in line with PO and nature of job). Contractor
should ensure that the Employee Compensation Policy should be taken for GGSR Bathinda before
actual deployment of labour at site and should be renewed as and when required.
1.4 Provident Fund
Each and every contactor should have an active PF Code in his name or company’s name.
Contractor has to deposit the PF dues of all the labour deployed at GGSR in his/company’s PF
Code. Site specific PF challan / ECR should be prepared and amount to be deposit accordingly.

1.5 Gate Pass Procedure for Contractual labour


Contractor has to follow the Gate Pass procedure as mentioned in Appendix E
1.6 Approval of Subcontractor, if agreed in Contract.
Requirement for approval of Subcontractor are given inFormat as given in Appendix F

Format No. HL -1
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Format No. HL -1
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APPENDIX A

HMELLabour Laws Compliance Requirements from Contractors

( To be signed by Power of Attorney of Contractor Company before Signing of Contract )

Name of Contractor

Nature / Name of Job Assigned

Sl. No. Compliance

I Under Contract Labour (R&A) Act, 1970

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

Updated Register of Persons employed (Form -XIII)


2
All the Workmen deployed at GGSR (HMEL)updated in register

Attendance Register / Muster Roll (Form XVI)


3
All the Workmen working at GGSR (HMEL) site are covered

Wages Register (Form XVII)


4
All the Workmen working at GGSR (HMEL) site are covered

Register of Deductions (Form XX)


5
Record updated for GGSR (HMEL)

Register of Overtime (Form XXIII)


6
Proper Register Maintained for all Workmen working at GGSR (HMEL)

Register of Advances (Form XXII)


7
Proper Register Maintained for all Workmen working at GGSR (HMEL)

Register of Fines (Form XXI)


8
Proper Register Maintained for all Workmen working at GGSR (HMEL)
9 Wage Register Witnessing by HMEL Representative during Wage Disbursement.
10 Wage Slip issued and record is maintained forall Workmen deployed at GGSR (HMEL) (Form XIX)
11 Half Yearly Return to be submitted at Labour Department (Form XXIV)
12 Service certificate being issued to all Workmen at the time of their leaving service

II The Provident Fund & Misc. provisions Act, 1952

Following Registers / Documents are to be Maintained


1 Active PF Code No. ( Applied for is not Acceptable )
2 Nomination / Declaration Form of each employee should be available (Form 2)

Format No. HL -1
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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

III Payment of Bonus Act,1965


1 Payment of Bonus to all the Contractual Labour as applicable
2 Maintenance of Register of Bonus A , B & C
IV Employee Compensation Act,1923
1 Valid Employee Compensation Policy for all the Workmen Employed at GGSR (HMEL)
V The Minimum Wages Act, 1948
1 Payment made to all the Workmen as per prevailing minimum rates of wages / Above.
VI Following Welfare Measures to be taken for Workmen to be Deployed at GGSR (HMEL)
1 Canteen/Dinning area; where 100 or more contract Workmen employed at GGSR (HMEL).
2 Shelters / Rest-rooms; ventilated, lighted and in clean & comfortable conditions
3 First Aid Facility; 1 box for every 50 Nos.
4 Drinking Water; sufficient supply of drinking water at convenient places
Contractor has to provide Latrine & Urinals; 1 for 25 Nos. upto 100 & 1 for 50 Nos. above 100 (where both
5 male & female are employed, separate accommodation with figures / to mention for men only & for women
only
VII Factories Act , 1948 and Punjab Factory Rules , 1952
1 Leave with Wages Register ( Form 15 )
2 Following the Shift Timings of HMEL
3 Weekly off & Overtime as per Factory’s Act
4 Compensatory Off
VIII Following Abstract of Acts / information to be displayed at Site Office
1 Name & Address of Contractor
2 Name & Contact No. of Site Incharge
3 Minimum Wages for different Category
4 Labour Authority - Name, Designation & Address
5 Important Telephone Nos.
6 All Required notices to be displayed at worksite

(AuthorizedSignatory)
Contractor Name

Format No. HL -1
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APPENDIX B

Monthly Statutory Compliances Checklist cum Self Declaration


( To be submitted by contractor along with each monthly bill )

Name of Contractor

Nature / Name of Job

Month / Period of Bill

1 PO/ Work order No.

Under Contract Labour (R&A) Act, 1970

Labour License No.

No of Labour Covered under License

License expiry date

Maximum deployment of workmen on any day during


the Month
A:
B:
Shift Timings
C:
G:
We have updated Register of Persons employed
(Form -XIII)for all the labourers deployed in Specific Yes / No
2 Site ( including labour deployed through Sub Number of Persons Employed till Date
Contractor / Petty Contractor)

Attendance Register / Muster Roll (Form XVI) has Yes / No


been updatedfor all the labourers working at Specific Number of Persons In Register
Site – Copy Attached Total Man-days

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 also maintaining below documents :


Register of Advances (Form XXII)
Register of Fines (Form XXI)
Register of Deductions (Form XX)
Half Yearly and Annual returns
Notice of Commencement Form VI A Yes / No

We are issuing :
Wage Slip to each Workmen (Form XIX)
Service certificate to Workmen at the time of their
leaving service

The Provident Fund & Misc. provisions Act, 1952

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

Employee Compensation Act

4 Period of Employee Compensation Policy From_________________to______________

No of Labour Covered under Employee


Compensation Policy

The Minimum Wages Act, 1948


5
Payment made to all the labourers as per minimum
Yes / No
wages Act / Above (as per latest Notification)

Payment of Bonus Act


6
Compliance of Statutory bonus Yes / No
7
Factories Act 1948

We are giving Leave with Wages as per Factories Act Yes / No

We are following Shift Timing as approved from HMEL Yes / No

We are following Overtime & Weekly Off provisions Yes / No

We are also following provisions of Compensatory Off Yes / No

Monthly Data for Annual Return of GGSR submitted Yes / No

Format No. HL -1
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Females are deployed only between 6:00am to


Yes / No
7:00pm
The Punjab Labour Welfare Fund Act, 1965

Labour Welfare Fund is deducted and deposited Yes / No


8
Welfare Measures
9
Canteen facility if 100 or more contract labour is
Yes / No
employed

Shelters / Rest-rooms; ventilated, lighted and in clean Yes / No


& comfortable conditions No. of Rest Shelters

Yes / No
First Aid Facility; 1 box for every 50 Nos.
No. of First Aid Boxes

Drinking Water; sufficient supply of drinking water at Yes / No


convenient places No. of Water Points
Latrine & Urinals; 1 for 25 Nos. upto 100 & 1 for 50
Yes / No
Nos. above 100 (where both male & female are
employed, separate accommodation with figures / to
No. of Latrines & Urinals
mention for men only & for women only
This is to certify and undertake that above mentioned all information is correct.

(Signed & Stamped by Authorized Signatory of Company)

(Checked & Verified by HMEL HL)

Note: - This document is only for HMEL internal use.

Format No. HL -1
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Appendix C

Details to be submitted by Contractor at Contract Expiry (since Inception of Contract)

Name of Contractor

Nature of Job
LabourLicense No.

Month Month 1 Month 2 Month 3 Month 4 ……..

Average Manpower Deployed at


Specific Site ( Including Sub
Contracted / petty Contracted )

Highest Manpower on any day of


the Month

Total Man-days

Amount of Total Wages Distributed

Number of Persons in Attendance /


Wage Register

Number of Persons covered Under


PF

Number of PF Exempted
Employees

Amount of total PF Deposited for


Workmen Deployed at Specific Site
Only

Format No. HL -1
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Appendix D

Closing of LabourLicense& Final Bill Processing Checklist

Sl.No. Detail / Record Availability

1 Clearance from Labour Department Yes / No

Employee Compensation Commissioner Clearance and


2 Yes / No
Details of Fatal Accidents / Other Disablement Cases

PF Inspection for entire period of Contract from Local PF


3 Department & Clearance from RPFC of Concerned Area from Yes / No
where PF Code is issued.

4 Self-Declaration By Contractor on Compliances Yes / No

5 Data of Annual Return of CL Act and Factories Act Yes / No

Labour Record (Since Inception Till Last Date) - Attendance


Register, Wage Record, Full and Final Records, PF Challans
6 Yes / No
etc.& Declaration of Maintaining Records for three years

Completion Certificate from concerned HMEL Engineer


7 Yes / No
Incharge

8 Information as per Appendix C Yes / No

All the relevant proofs and details are attached.

Authorized Signatory
( Contractor Name )

Format No. HL -1
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Appendix - E

Gate Pass Procedure for Contractual Labour:

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.

Prior to arrival at site


After the contract is awarded the contractor & registration of Job with HL Deptt, contractor has to complete
the following documentation prior to their manpower arriving at GGSR.

• Covering letter with the signature of HMEL Engineer in-charge.


• Signature of RSS / GM Operation will be required for working in ISBL Area.
• Joining Form/ Bio-Data (2 Copies) in GGSR Format.
• ID proof of all workers (Photocopy Attested by Contractor).
• Resident Proof of all workers (Photocopy Attested by Contractor).
• Employment Card issued to new joinee (Photocopy Attested by Contractor).
• PF-Form2 (Properly Filled- Photocopy Duly Attested By Contractor)/Form 11
• Copy of police verification (original to be produced for verification).
• Eye test report for Drivers, Operators (Cranes, JCB) Technicians, electricians etc.

First day of arrival - Steps at Labour Welfare center.

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..

Step 2- Safety Induction


Safety induction sessions are carried out on daily basis:

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.

Step 3-HL Compliances

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

Step 4- Gate Pass Issue


After HL& Safety Authorization contractor will submit the documents to the security department.Security
will register all the workers in CLMS (taking of photo, scanning fingerprint & registering details) and
process their Gate passes

Format No. HL -1
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Procedure for Temporary Gate Pass:

- 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.

Renewal of gate Pass

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.)

Loss of gate Pass

In case of Loss of Gate Pass, a copy of FIR to be submitted to Securitydepartment for reissuance of gate
pass.

Submission of Gate Passes

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.

Format No. HL -1
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Annexure F

Sub-Contractor - Approval Format of GGSR Bathinda

1. NAME OF MAIN CONTRACTOR:………………………………………………………

2. NAME OF WORK, LOCATION:…………………………………………………………

3. NAME OF PROPOSED SUB CONTRACTOR:…………………………………………

4. SCOPE OF WORK PROPOSED FOR SUB CONTRACTOR: ………………………….

……………………………………..………………………………………………………

5. ESTIMATED VALUE OF THE PROPOSED WORK TO BE SUB- CONTRACTED


(INR):…………………………………………..

6. ESTIMATED NUMBER OF MANPOWER TO BE DEPLOYED : ……………………..

7. QUALIFYING CRITERIA FOR SUB – CONTRACTOR

i) Similar Work Experience:

(Executed at least One Contract of 60% of estimated value of proposed work to be sub-
contracted)

ii) Annual Turnover :

(Not less than 125% of estimated value of proposed work to be sub – contractor)

iii) PF Number and Annual Returns :

(PF Inspection Report for Last 3-5 Years)

iv) Labour License taken for other Jobs Executed ( Proposed Sub Contractor )

(Copy of Licenses to be enclosed and also the Records of Closure of License)

8. EXPERIENCE AND FINANCIAL DETAILS OF PROPOSED SUB – CONTRACTOR:

Format No. HL -1
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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

iv) Copy of Labour License taken for previous Jobs Executed

9. CRITERIA FOR QUALIFICATION OF SUB CONTRACTOR:

i) SL. No. 8(i) > 7(i) : YES/No


ii) SL. No. 8(ii) > 7(ii): YES/No
iii) PF Annual Returns / Inspection Reports Available YES/No
iv) Copy of Previous Labour License Available YES/No

10. Based on above information, we M/s…………………………….. (Name of Main contractor)


propose M/s ………………………………(Name of proposed sub-contractor) as our sub-
contractor for the above mentioned works. We understand that notwithstanding above
approval, we shall remain fully responsible for the performance of the said sub-contractor and
any failure of the sub-contractor shall not absolve/relieve us of our responsibility to complete
the works as per the terms and conditions of the Contract.

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.

(STAMP & SIGNATURE OF CONTRACTOR)

11. APPROVAL STATUS ( TO BE APPROVED BY HMEL )

( H.O.D ) ( HL )

Format No. HL -1
SPECIAL CONDITIONS
OF CONTRACT

GURU GOBIND SINGH POLYMER


ADDITION PROJECT
-----------------------------------------------------------------------------------------------------------------------------------------

SPECIAL CONDITIONS OF CONTRACT


(SCC)

Rev 1 Page 1 of 14
SPECIAL CONDITIONS
OF CONTRACT

GURU GOBIND SINGH POLYMER


ADDITION PROJECT
-----------------------------------------------------------------------------------------------------------------------------------------

TABLE OF CONTENTS
1.0 INTRODUCTION ..................................................................................................................... 3

2.0 LOCATION OF SITE ............................................................................................................... 3

3.0 TIME FOR COMPLETION ...................................................................................................... 3

4.0 SCOPE OF WORKS/ SUPPLY ................................................................................................ 3

5.0 TERMS OF PAYMENTS ......................................................................................................... 4

6.0 TAXES AND DUTIES ............................................................................................................. 4

7.0 FIRM PRICES/ PRICE ADJUSTMENT .................................................................................. 9

8.0 SITE ORGANISATION ........................................................................................................... 9

9.0 QUALITY MANAGEMENT SYSTEM ................................................................................. 10

10.0 MECHANISATION OF CONSTRUCTION ACTIVITIES AND MOBILISATION OF


CONSTRUCTION EQUIPMENT .......................................................................................... 10

11.0 REQUIREMENTS FOR DOCUMENTATION ...................................................................... 10

12.0 PROCUREMENT OF TMT BARS, CEMENT AND STRUCTURAL STEEL BY


CONTRACTOR...................................................................................................................... 11

13.0 GENERAL REQUIREMENTS FOR RADIOGRAPHY & OTHER NDT FOR MECHANICAL /
COMPOSITE ITEM RATE CONTRACTS............................................................................ 11

14.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT ................................ 12

14.1 HSE COMPLIANCE ................................................................................................................... 12

15.0 GUIDELINES DURING AND BEFORE ERECTION ........................................................... 12

16.0 CERTIFICATE OF VERIFICATION AND GOOD CONDITION ........................................ 13

17.0 PHASED PRS PROVISION .................................................................................................. 14

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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.

2.0 LOCATION OF SITE

The Site is located at Guru Gobind Singh Refinery in Bathinda District of Punjab State (India).

3.0 TIME FOR COMPLETION

3.1 The work shall be executed strictly as per Time for Completion given in Annexure- I to SCC.

4.0 SCOPE OF WORKS/ SUPPLY

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

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quoted rates without any additional liability on the part of HMEL except for the material
specifically covered under HMEL's Scope of Supply.

5.0 TERMS OF PAYMENTS

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.

5.3 Invoice Instructions

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.

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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.

6.1.5 Import Clearance


The Quoted Prices shall be inclusive of Clearance of the goods through custom and port
clearance including filling and/or filing of all custom manifests, bills of entry, and custom
declarations and other documents as may be required for the clearance of the goods from
customs or port authorities, for which purpose the OWNER shall, from time to time, grant to
the CONTRACTOR or the CONTRACTOR’s designate(s), such authority(ies) as may be
reasonably required by the CONTRACTOR in this behalf
6.2 Income Tax

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.

6.2.2 For Indian Contractor


The Indian Contractor shall be responsible for ensuring compliance with all provisions of the
direct tax laws of India including, but not limited to, the filing of appropriate Returns and shall
promptly provide all information required by the HMEL for discharging any of its
responsibilities under such laws in relation to or arising out of the CONTRACT.

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

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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:

(i) 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.

(ii) Tax Residency Certificate (TRC)

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.

(iii) 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 10F has to be signed & verified by the
assessee himself.

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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.

(iv) No Permanent Establishment Certificate

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.

6.3 STATUTORY VARIATIONS

Statutory variations on non-creditable taxes & duties including but not limited to personal,
corporate and fringe benefit tax shall be to Contractor’s account.

6.4 NEW TAXES & DUTIES


All new taxes/ duties/ cess/ levies notified after the date of un-priced bid opening/ submission
of any subsequent price implication/ revised prices, but within Time for Completion / extended
Time for Completion (by HMEL due to reason attributable to HMEL), shall be to HMEL’s
account. These shall be reimbursed against documentary evidence.

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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.

6.7.6 Cutting/ white fluid/ overwriting is not allowed in the Invoice.

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;

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(c) Date of issue;


(d) Name, address and GSTIN or UIN, if registered of the recipient;
(e) Name and address of the recipient and the address of the delivery, along with the
State and its code,
(f) Accounting Code of services;
(g) Description of services;
(h) Total value of supply of services;
(i) Taxable value of supply of services taking into discount or abatement if any;

(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.

8.0 SITE ORGANISATION

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.

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9.0 QUALITY MANAGEMENT SYSTEM

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.

10.0 MECHANISATION OF CONSTRUCTION ACTIVITIES AND MOBILISATION OF


CONSTRUCTION EQUIPMENT

10.1 MECHANISATION OF CONSTRUCTION ACTIVITIES

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.

10.1.3 MOBILISATION OF CONSTRUCTION EQUIPMENTS

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.

10.1.4 CALIBRATION REQUIREMENTS OF MONITORING AND MEASURING DEVICES AT


CONSTRUCTION SITE

Calibration Requirements of Monitoring and Measuring Devices at Construction Site shall be


as per document no. 7-82-0002 (enclosed herewith as ANNEXURE-IX).

11.0 REQUIREMENTS FOR DOCUMENTATION

The Contractor shall adhere to the requirements for Documentation as per EIL Specification
no. 6-78-002 attached as Annexure- X to SCC.

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12.0 PROCUREMENT OF TMT BARS, CEMENT AND STRUCTURAL STEEL BY


CONTRACTOR

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.

c. In the event of any non-matching / variation is observed in re-radiography of the entire


lot as per para 13.3 b) above with reference to the earlier radiographs taken, the
radiography agency shall be forthright debarred from site. CONTRACTOR shall then
carryout re-radiography up to maximum of 100% of all the prescribed / selected welds/
spots radiographed by the debarred radiography agency (as per direction of the
Engineer In-Charge) at his own cost by engaging a separate Radiography agency
acceptable to OWNER/EIL. The process for verification of radiographs through check
hots shall be continued as per clause 13.3 a) above from the lots selected by the
Engineer In- Charge till 2 (two) consecutive lots are found with matching check shot
radiographs to the satisfaction of EIL/ OWNER.

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14.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT

14.1 HSE Compliance


14.1.1 Safety is to be given prime importance. During construction, Contractor shall strictly follow the
safety procedures, precautions & norms as per HMEL specifications on Health, Safety and
Environment (HSE) Management (enclosed as Annexure- XII to SCC) and requirement of
OISD-192 & OISD-207 (enclosed as Annexure-XIII to SCC).

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.

15.0 GUIDELINES DURING AND BEFORE ERECTION

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.

15.6 ERECTION OF EQUIPMENTS

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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.

16.0 CERTIFICATE OF VERIFICATION AND GOOD CONDITION

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.

16.4 If on inspection of proof, analysis or tests as aforesaid the Engineer-in-Charge or Inspection


agency is prima facie satisfied that the material received is in conformity with the material
requirements of the Bill of materials and description given in the Shipping documents and in
the contractor’s invoices in this behalf and that the test reports / results / certificates given in
respect thereof are prima facie in conformity with the relevant result / reports / certificates
required in respect thereof in terms of the specifications and / or relevant codes and practices,
and that the material appears to be prima facie in good order and condition, the Engineer-in-
Charge/TPI agency (in such cases) shall issue to Contractor, a certificate of verification and
good condition in respect of such material.

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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.

17.0 PHASED PRS PROVISION


Price Reduction Schedule (PRS) to be monitored at 25%, 50%, 75% & 100% of Time
Schedule and linked to percentage progress expected to be achieved at 15%, 40%, 70% &
100% respectively and in case of failure on part of contractor, a PRS amount shall be hold
from the Contractor’s RA bill @ 0.05% of the Total Contract price per week or part thereof
subject to a maximum limit of 5% of the Total Contract Price. The hold amount shall be
released back to the contractor if contractor is able to recover backlog in subsequent stages
and also if achieve the overall completion in time.

The overall limit of the Price Reduction against delay in the aggregate shall be 5% (Five
percent) of the Total Contract Price.

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TIME FOR COMPLETION


[ANNEXURE - I TO SPECIAL CONDITIONS OF CONTRACT]

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TIME FOR COMPLETION

NAME OF WORK TIME FOR COMPLETION

Name of the Work : PLANT BUILDING WORKS

12 (Twelve) Months from date of issue of Letter of


Acceptance (LOA).
(Bidding Document No. RJ/B018-000-CJ-T-
8105/1015)

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)

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TERMS OF PAYMENT
[ANNEXURE - II TO SPECIAL CONDITIONS OF CONTRACT]

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1.0 MOBILIZATION ADVANCE

1.1 Mobilisation Advance if required by the CONTRACTOR shall be paid as follows:

Contractor shall be paid recoverable interest free Mobilisation Advance up to a maximum of


10% (ten percent) of awarded Contract value against submission of equivalent amount of
Bank Guarantee with a validity till completion period plus a claim period of three months.
Mobilization Advance shall be paid to the Contractor in two instalments after signing the
Contract agreement in the following manner:

(a) FIRST INSTALLMENT

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:

i. Signing of contract agreement by the Contractor.


ii. Submission of a separate Bank Guarantee towards Contract Performance in proforma
provided in the bidding document.
iii. Submission of a separate Bank Guarantee as stipulated in proforma provided in the
bidding document, equivalent to 10% of 100% of the awarded contract value covering
mobilization advance which shall be kept valid till completion of work. However, Contractor
may submit Bank Guarantee of 10% as above in two stages of 5% each for availing
advance against sub-clause (b) below.

(b) SECOND INSTALLMENT

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.

1.2 Recovery of Mobilisation Advance:

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.

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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.

2.0 ON ACCOUNT PAYMENTS


Progressive payments shall be released to Contractor against running account bills duly
certified by Engineer-in-Charge after affecting the necessary deductions/recovery, if any. The
basis for payment against various items shall be as follows:

S. NO. NATURE OF WORK PAYMENT TERMS

1 CIVIL, STRUCTURALAND ARCHITECTURAL WORKS

1.1 U/G Piping a. CARBON STEEL (PIPES – FREE ISSUE)


Measurement in - 20% on fabrication.
Running Meter
- 30% on NDT, Pre-testing, wrapping, coating.

- 30% on laying in position, welding, radiography etc.

- 15% after flushing, hydro-testing and back filling of


trenches.
- 05% on completion of all works in all respects and
issuance of completion certificate.
b. CARBON STEELPIPES – SUPPLIED BY
CONTRACTOR)
- 05% 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

- 45% on receipt and acceptance of pipes at site.

- 10% on fabrication.

- 15% on NDT, Pre-testing, wrapping, coating.

- 10% on laying in position, welding, jointing, radiography


etc.

- 10% after flushing, hydro-testing and back filling of


trenches.

- 05% on completion of all works in all respects and


issuance of completion certificate.

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S. NO. NATURE OF WORK PAYMENT TERMS


Specials I Mitres for - 85% after welding of joints & its acceptance .
1.2
U/G piping - 10% after completion of tests as per respective pi
- 05% on completion of all wor ks in all respects and
issuance of completion certificate.
1.3 - CIVIL, STRUCTURALAND ARCHITECTURAL WORKS
Structural I. In case of Contractor supplied material.
1.4
steel works a. FABRICATION AT SITE
- 05% on finalization of quantities, plan and submission
of approved fabrication drawings.
- 05% 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
- 50% on receipt and acceptance of material at site.
- 20% on fabrication, surface preparation and application of
primer coat.
- 15% on erection, alignment , welding, grouting etc.

- 05% on completion of all works in all respects and


issuance of completion certificate.
b. FABRICATION AT YARD OUTSIDE PROJECT PREMISES
05% on finalization of quantities, plan and submission of
approved fabrication drawings.
05% on issuance of sub-order and submission of
equivalent rolling bank guarantee valid till receipt and
acceptance of material at site plus 03 Months claim
period.
50% on receipt and acceptance of material at contractor
fabrication yard outside the Project premises against
Rolling Bank Guarantee for an equivalent amount of
materials at contractor's shop with a validity till receipt of
materials at Project premises plus 03 Months claim period.
20% on fabrication, surface preparation and application
of primer and
receipt of fabricated
structures at site.
- 15% on erection, alignment, welding etc.
- 05% on completion of all works in all respects
and issuance of completion certificate.

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S. NO. NATURE OF WORK PAYMENT TERMS


II. At issue rates (Chargeable basis)
- 05% on finalization of quantity , plan and submiss ion
of fabrication drawings
- 75% on transportation of material from storage yard I
stores points to fabr ication yard and fabrication surface
preparation and application of primer coat.
- 15% on erection, alignment, welding/grouting etc.
- 05% on completion of all works in all respects
and issuance of completion certificate.

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.

(Contractor supplied - 35% on completion of erection, alignment, leveling etc.


material - 05% on completion of all works in all respects and
issuance of completion certificate.
Precast concrete - 50% on completion of casting work duly certified by
1.7
Item/ Block Engineer-in- charge.

(Cement Free issue - 45% on completion of erection, alignment, leveling etc.


material) - 05% on completion of all works in all respects and
issuance of completion certificate.
Structural Steel 95% (##)after completion of touch up/repair of primer
1.8
Painting Works and intermediate coat/coats and final coat.
05% on completion of all works in all respects and
issuance of

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S. NO. NATURE OF WORK PAYMENT TERMS


completion certificate.

- (##) Further break up of payment schedule, if necessary ,


shall be recommended I approved by Engineer-in-charge
depending on number of intermediate coats.

Architectural works. Steel/ Aluminium I Glazed Glass I PVC etc. Doors,


1.9
Windows & Ventilators
- 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
- 65% on receipt of material at site
- 20% on Installation and acceptance
- 05% on completion of all works in all respects
and issuance of completion certificate .

Roofing

- 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
- 65% on receipt of material at site
- 20% on Installation and acceptance
- 05% on completion of all works in all respects and
issuance of
completion certificate.

False Ceiling, False flooring ,


- 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
- 60% on receipt of material at site
- 25% on Installation in position and acceptance
- 05% on completion of all works in all respects
and issuance of completion certificate.
Cladding /Facades etc.
- 70% on receipt of material at site
- 25% on Fixing/Installation and acceptance
05% on completion of all works in all respects and
issuance of completion certificate

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S. NO. NATURE OF WORK PAYMENT TERMS


Modular Furniture
- 10% on approval of furniture drawings at least in Code II
- 60% on receipt of material at site
- 25% on Fixing/Installation and acceptance
05% on completion of all works in all respects
and issuance of completion certificate

- The above payment terms will be applicable for Similar


items in MISCELLANEOUS ITEMS. The decision of
Engineer-in-charge on identification of similar items shall be
binding on the Contractor.

Platform, Ladder I. In case of Contracto r supplied material


1.10
a. FABRICATION AT SITE
- 50% on receipt and acceptance of material at site.
- 30% on fabrication, surface preparation and application of
primer.
- 15% on erection, aligning and welding.
- 05% on completion of all works in all respects and
issuance of completion certificate.

b. FABRICATION AT YARD OUTSIDE PROJECT


PREMISES I VENDOR'S SHOP
- 50% on receipt and acceptance of material at contractor
fabrication yard outside the Project premises against
Rolling Bank Guarantee for an equivalent amount of
materials at contractor shop with validity till receipt of
materials at Project premises plus 03 Months claim
period.
- 30% on fabrication, surface preparation and application
of primer and receipt of fabricated material at site.
- 15% on erection. alignment, welding etc.
- 05% on completion of all works in all respects and
issuance of completion certificate.

II. At issue rates (Chargeable basis)


- 80% on transportation of material from storage yard I
stores points to fabrication yard, fabrication, surface
preparation and application of primer coat.
- 15% on erection, alignment, welding etc.
- 05% on completion of all works in all respects and
issuance of completion certificate .

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S. NO. NATURE OF WORK PAYMENT TERMS

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

- 85% on receipt and acceptance of material at site.

- 05% on completion of all works in all respects and issuance of


Completion Certificate/Taking Over Certificate.

2.2 For Erection Items - 80% on completion of erection / installation.

- 15% on testing and acceptance.

- 05% on completion of all works in all respects and issuance of


Completion Certificate/Taking Over Certificate.

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

- 60% on receipt and acceptance of material at site.

- 20% after erection /installation.

- 10% after testing and acceptance.

- 05% on completion of all works in all respects and issuance of


Completion Certificate/Taking Over Certificate.

3 Miscellaneous Works - 95% on completion of work as certified in progress bill.

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S. NO. NATURE OF WORK PAYMENT TERMS

- 05% on completion of all works in all respects and issuance of


Completion Certificate/Taking Over Certificate.

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.)

- 05% on completion of all works in all respects and issuance of


Completion Certificate/Taking Over Certificate.

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.

4. Completion certificate to be read as Taking Over Certificate.

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.

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MEASUREMENT OF WORK

[ANNEXURE - III TO SPECIAL CONDITIONS OF


CONTRACT]

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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:

2.1 Fabrication of Piping

(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.

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(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

2.2 Erection of Piping


(i) Measurement will be done based on Inch. Meter (the nominal diameter of pipein
'Inches' multiplied by the installed length of piping in 'Meters') as per execution
drawing. Inch. Meter shall include all work pertaining to Erection of Fabricated
spools/straight lengths, providing vent, drains, instrument tapings, alignment,
hydro‐testing and all other activities required as per item description, but not
covered in scope under Inch. dia.

(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

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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. Measurement of following items shall be on number basis:


i) Piping Specials like Mitres & Fabricated Reducers
ii) Reinforcement pads

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.

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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 Fabrication of Supports

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 Post Weld Heat Treatment (Stress Relieving)

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 Radiography/ Dye-Penetrate (DP) Test / Magnetic Particle (MP) Test

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.

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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.

3.0 PAINTING ON EQUIPMENTS/ PIPING/ STRUCTURAL STEEL ETC.

3.1 Painting on Equipments

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 Painting on Piping, Specials and Fittings

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 Painting on Steel Structure

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.

4.0 ELECTRICAL/INSTRUMENTATION WORKS

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

GURU GOBIND SINGH POLYMER


ADDITION PROJECT
---------------------------------------------------------------------------------------------------------------------------------------

5.0 STEEL STRUCTURES

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.

6.0 GRATING AND FRAMES


Payment shall be made on the basis of weight of grating and frame actually laid. The rate
shall include cost of cutting to size, fabricating, transporting and fixing, smoothing of ends
if necessary and painting with one (1) coat of red oxide zinc chromate primer. Full
deduction shall be made for openings equivalent to 300 mm dia and above. Rate shall
include making openings of all sizes.

7.0 THERMAL INSULATION WORKS

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

GURU GOBIND SINGH POLYMER


ADDITION PROJECT
---------------------------------------------------------------------------------------------------------------------------------------

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
---------------------------------------------------------------------------------------------------------------------------------------

PRICE VARIATION FORMULAE

[ANNEXURE - IV TO SPECIAL
CONDITIONS OF CONTRACT]
(DELETED)

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ANNEXURE TO
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POLYMER ADDITION
PROJECT
------------------------------------------------------------------------------------------------------------------

KEY MINIMUM CONSTRUCTION MANPOWER TO BE DEPLOYED BY THE CONTRACTOR

[ANNEXURE –V TO SPECIAL CONDITIONS OF CONTRACT]

Page 1 of 2
ANNEXURE TO
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GURU GOBIND SINGH
POLYMER ADDITION
PROJECT
------------------------------------------------------------------------------------------------------------------

KEY CONSTRUCTION MANPOWER TO BE DEPLOYED BY THE CONTRACTOR FOR


PLANT BUILDING WORKS FOR GURU GOBIND SINGH POLYMER ADDITION PROJECT
OF M/s HMEL AT BATHINDA

(BIDDING DOC. NO. B018-000--CJ-T-8105/1015)

S. NO. DESCRIPTION NOS.

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.

(STAMP & SIGNATURE OF BIDDER)

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ANNEXURE TO
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GURU GOBIND SINGH
POLYMER ADDITION
PROJECT
-----------------------------------------------------------------------------------------------------------------

REQUIREMENT OF MINIMUM CONSTRUCTION EQUIPMENTS TO BE MOBILIZED BY THE


CONTRACTOR

[ANNEXURE -VIII TO SPECIAL CONDITIONS OF CONTRACT]

Page 1 of 3
ANNEXURE TO
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GURU GOBIND SINGH
POLYMER ADDITION
PROJECT
-----------------------------------------------------------------------------------------------------------------

KEY CONSTRUCTION EQUIPMENTS TO BE MOBILIZED BY THE CONTRACTOR FOR


PLANT BUILDING WORKS FOR GURU GOBIND SINGH POLYMER ADDITION PROJECT
OF M/s HMEL AT BATHINDA (BIDDING DOC. NO. B018-000-CJ-T-8105/1015)

SL. NO. EQUIPMENT DESCRIPTION CAPACITY REQUIREMENT


DURING CONSTN
1. CRAWLER CRANE 20-40 MT AS REQUIRED
2. HYDRA WITH AUDIO-VISUAL SIGNALLING DEVICES AND LIMIT 10-18 MT 4
SWITCHES
3. HYDRAILIC EXCAVATOR WITH REVERSE HORN AND REAR 0.3 M3 2
LIGHT/MIRROR
4. HYDRAILIC EXCAVATOR WITH REVERSE HORN AND REAR 0.7 M3 1
LIGHT/MIRROR
5. DUMPER 6
6. TRACTOR WITH TRAILER 8
7. TOWER CRANE AS REQUIRED
8. READY MIXED CONCRETE (RMC) PLANT/SUPPLIER 25-30 M3/ HR 2
9. TRANSIT MIXER /SUPPLIER 6 M3 8
10. BOOM PLACER 2
11. MIXER MACHINE WITH WEIGH BATCHER 12
12. BAR CUTTING AND BENDING MACHINE 4
13. NEEDLE VIBRATORS 16
14. WATER TANKERS 10
15. TOTAL STATION 1
16. DUMPY/ AUTO LEVEL 2
17. DG SET 25-65 KVA AS REQUIRED
18. WELDING MACHINE 3
19. GRINDING MACHINE 2
20. GAS CUTTING SET 2
21. JACK HAMMER AS REQUIRED
22. AIR COMPRESSOR 250CFM 1
23. BLAST CLEANING EQPT. FOR SURFACE PREPARATION 1
24. SPRAY PAINTING M/C(AIR LESS)} 2
25. PROFILE GUAGE 1
26. HYGROMETER FOR HUMIDITY MEASUREMENT 1
27. ELCO METER 1
28. PLATE COMPACTOR 6
29. TOOLS AND TACKLES FOR FIXING ANCHOR FASTNER AS REQUIRED
30. TOOLS AND TACKLES FOR SHORING AND STRUTTING AS PER AS REQUIRED
SOQ
31. TOOLS AND TACKLES FOR ANTITERMITE TREATMENT AS PER AS REQUIRED
SOQ
32. TOOLS AND TACKLES FOR FALSE FLOORING, FALSE CEILING, AS REQUIRED
AND UNDERDECK INSULATION AS PER SOQ
33. TOOLS AND TACKLES FOR ROOFING AS PER SOQ AS REQUIRED
34. TOOLS AND TACKLES FOR GI PIPING AS REQUIRED
35. TOOLS AND TACKLES FOR FIXING REBARS AS PER SOQ AS REQUIRED
36. TOOLS AND TACKLES FOR JOINTING OF HDPE PIPES AS REQUIRED
37. TOOLS AND TACKLES FOR INSTALLATION OF AIR AS REQUIRED
CONDITIONING SYSTEM AS PER SOQ
38. 3 TERMINAL EARTH TESTER 2
Page 2 of 3
ANNEXURE TO
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GURU GOBIND SINGH
POLYMER ADDITION
PROJECT
-----------------------------------------------------------------------------------------------------------------

39. DIGITAL MULTIMETER 4


40. TONG TESTER 0-300AMP 2
41. LUX METER 2
42. MANUAL/ HYDRAULIC CRIMPING TOOL 1 SET EACH
43. LEAKAGE CURRENT DETECTOR 2
44. PORTABLE DRILL M/C & HOLE CUTTER 1
45. MEGGER 500V, 1000V 1 EACH
46. EARTH DISCHARGE ROD 1
47. ELECTRICIAN TOOL KIT AS REQUIRED
48. LABORATORY EQPTS AS REQUIRED

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
-----------------------------------------------------------------------------------------------------------------

LIFTING & RIGGING OPERATIONS PROCEDURE

[ANNEXURE -XIV TO SPECIAL CONDITIONS OF CONTRACT]

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O Prrocedure
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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.

Format No. 99111-000-PCT-FRM


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Sr. No. Table


T of Con
ntents
1.0 Purpose 5
2.0 Scope 5
2.1 Definitions 5
3.0 Responsibilities 6
3.1 Lifting Suppervisor 6
3.2 Crane Operrator 7
3.3 Rigger Sup pervisor. 8
3.4 Banksman 8
3.5 HSE Engineer/officer 8
4.0 Lifting Equuipment 9
4.1 Certificatio
on of Lifting Equipment 9
4.2 Lifting Acccessories 10
4.2.1 Slinging & Rigging 10
4.2.2 Specificatioon for Contaainers 10
4.2.3 Chains 11
4.2.4 Slings and D-Rings 11
4.2.5 Wire Ropess 12
4.2.6 Fiber and Synthetic
S Rigging 12
4.2.7 Eye bolt 12
4.2.8 Hooks 12
4.3 Lifting Apppliances 13
4.3.1 Cranes 13
4.3.2 Hoist 13
4.3.3 Overhead/G Gantry Cran nes 14
4.3.4 Beam Clam mp 15
4.3.5 Hand operaated chain pulley
p blockss 15
4.3.6 Winches 16
4.3.7 Jacks 17
4.3.8 Pad Eyes 17
5.0 Lifting Opeerations 17
5.1 Load Indicaator 17
5.2 Daily & Pree-Operationaal Check 18
5.2.1 Pre Operating Checks 18
5.2.2 Crane and Load Movem ments 19
5.2.3 Safe Working Load and d Maximum Working Raadius 19
5.2.4 Shutdown 19
5.3 Safe Use off Lifting Equuipment 19
5.4 Handling of Pipe 20
5.5 Planning off lift 20
5.6 Attaching detaching
d annd securing loads 21
Format No. 99111-000-PCT-FRM
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5.7 Critical Liftts 21


5.8 Precautions in bad weather condittion 24
5.9 Protection against slip
ps, trips and falls 24
6.0 Appendices 25
Types of Sllings 26
Hand Signaals 32
Equipmentt Lift Recordd Card 34
Lifting Cheeck list 36

Format No. 99111-000-PCT-FRM


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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;

Third Party Innspection


T
C
Certificate (TTPI): A doocument signeed by a Competent Person attesting the validity
v of the
test performed;
p

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 equipment: A geeneric term com


mprising appliiances and liftting accessoriees;

Lifting appliaances: Any mechanical device d capabble of raising or lowering a load, e. g.


cranees, fork-lift, suuspended craddles, powered hoists, winchhes;

Lifting accesssories Any device which is used or dessigned to be used u directly or


o indirectly to
connnect a load to a lifting appliance and which do not forrm part of the
load,, e. g. wire rope sling, chainn sling, fibre and
a synthetic ropes, hooks
and fittings, swiveels, shackles, eyebolts, turrnbuckles, weedge sockets,
etc.;

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;

S Workingg Load (SWL)):


Safe the maximum
m loadd (as certified by Competennt Person) whiich an item of
liftingg equipment may
m raise, low wer or suspennd under particular service
condditions. The SW WL is lower thhan the WLL;
Format No. 99111-000-PCT-FRM
M-00006 Rev-00
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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

3.1 Lifting Supeervisor

 Informingg Banksman and Crane Opeerators of any unusual lifts;


 Ensure thhat all existing accessories are
a regularly inspected, prooperly maintainned and stored correctly;
 Ensure all inspected annd re-certified equipment is marked with the relevant colour
c code, annd that the ID
No’s on gear
g conformss to that on cerrtification;
 Review, log and file certification;
 Promote Risk Assesssment/Job Haazard Analysiss of lifting operations, in particular off non routine
operationns.
 Safe and correct use of
o all lifting equuipment;
 Ensuring that the Crane Operators are
a certified for all crane opeerations;
 Liaising with
w the materials man to obtain
o details of the item too be lifted, paarticularly the weight of the
items.
 Suspendiing crane operations in the event of a genneral alarm orr emergency.
 Is responnsible for ensuuring load trannsfers are corrrectly plannedd and rigged for
f lifts on. Foor routine lifts
he may delegate
d this reesponsibility too the Rigger Foreman.
F
 The liftingg slings or chaains are correcctly secured too the load;
 All hand signals (see Appendix 6.22) or radio communicationss are correctlyy and clearly given and in
sufficient time to allow for Crane Opeerator responsse;
 All loads are properly balanced
b and slung before lifting;
 All loads are correctly and
a safely possitioned at thee receiving location;
 Personneel keep clear of
o any suspendded lift;
 Equipmennt is clearly identifiable and inspected (e. g. types/capaacity/ID numbeers etc);
 Each item
m marked withh current colouur code;
 Update liffting equipment inventory;
 Regular inspection off portable liftting equipmeent for wear and tear, annd noticeablee damage is
performed.
 Damagedd / irreparable rigging gear is destroyed.
 Any portaable lifting eqquipment that is deemed uunfit for purpoose or items without a unnique number
and/or without adequatte current certtification are discarded
d or quuarantined as appropriate;
 All rigging gear without valid certiffication is keppt in a segreggated locationn, clearly labeelled, not for
use/quaraantined, and cannot
c be used (tied-up by chain
c and padd lock awaitingg the certification).

Format No. 99111-000-PCT-FRM


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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.

Everyone invoolved in the liffting operationn is aware of, and


a fully undeerstand the saafety measures identified in
t lifting plann and associatted Risk Assesssment/JHA.
the

3.2 C
Crane Operaator

C
Crane operatoors must

 be over 18 years of agee and have the required cerrtification.

 be adequuately trained and


a experiencced in the opeeration of cranees, both the general principples and the
specific tyype of machinne he is requireed to operate..

 be familiaar with safe woorking practicees applicable to crane operaation.

 be mediccally fit with noormal musculaar reflexes.

 be able too read and understand Opeerating Instructtions and Proccedures.

 have a working knowleedge of safe sllinging practicces.

 be familiaar with and actt upon the signals used for the control of crane operations.

 be able too operate a tw


wo-way VHF raadio.

 have suffficient workingg knowledge of


o the crane to enable him too carry out thee routine mainttenance
checks foor which the opperator is respponsible.

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

 Areas whhere personneel are working;


 Over unpprotected high--pressure pipeework or gas cylinders
c unless no alternattive exists.

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.

Format No. 99111-000-PCT-FRM


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Prior to usingg any crane, the


t operator shall
s carry ouut the pre-starrt checks in accordance
a w the crane
with
manufactures instructions. Once the crane is started up, the Cranee Operator shaall operate all controls and
s
systems: brakkes, instrumennts and safety devices prior to handling looads.

He must checck that no loadds are lifted which


w exceed the
t Safe Workking Load of the
t crane and during crane
o
operations check that the crane is operatting correctly and
a the wire roope is spooling properly;
O completionn of operationns, check that the crane booom and hook are properly secured
On s beforre leaving the
c
crane.

3.3 Rigger Supeervisor.

The Rigger Fooreman is responsible for control


T c of the liifting and positioning of the loads. He shaall control the
Riggers assocciated with lifting operationss and must ensure that the following
f steps are carried out:
o

 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

3.5 HSE Engineeer/officer

The HSE Enngineer shall ensure relevvant support for equipmennt certificationn and collaboorate in Risk
T
A
Assessment a JHA.
and

Format No. 99111-000-PCT-FRM


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3

4.0 Lifting Equipment

4.1 C
Certification
n of Lifting Equipment
E

Every item off lifting equipment is required to be thooroughly exam


mined and ceertified by an independent
e
examiner: Third Party Inspeection (TPI)

 Before beeing brought innto use for thee first time;


 After any substantial allteration, or reepair;
 Every 6 months
m for liftss & hoists, 12 months for all other lifting equipment
e (by 3rd party authorized firm).
N For the purpose
Note p of thiis procedure equipment
e willl be deemed as
a a lift or hoisst when it has a platform orr
c
cage and the direction of movement
m is reestricted by a gguide or guidees.

Every lifting appliance, and all parts of it, shall be:

 of goood constructioon,

 of soound material,

 of addequate strenggth,

 free from
f patent deefect,

 suitaable for purposse for which it is used,

 adeqquately & secuurely supporteed,

 alarm
ms: reversing aalarm mobile cranes.

A proper workking place andd proper meanns of access for


f the operatoor (and mainteenance personnnel) shall be
provided. A drriver cab shall:

 proviide adequate protection from


m the weather,

 be veentilated, heatted or cooled,

 allow
w clear and unrestricted view
w for the safetty of the lifting operations.

Every lifting appliance


a shaall be properlyy maintained. The inspectiion & maintennance operations shall be
d
documented & logged.
 Only liftinng equipment identified
i with a current Cerrtificate of Tesst Examinationn shall be usedd;
 Only liftinng equipmentt with the Saffe Working Looad (SWL) clearly markedd shall be useed. No lifting
equipmennt shall be useed to carry loaads in excess of
o the indicateed SWL;
 Only liftinng equipmentt, namely slinngs (i.e. wire, chains and fibre rope) showing the current
c colour
coding shhall be used.

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A register will be maintaineed on site withh details of alll lifting equipm


ment, tools annd tackles. Thee register will
b compiled and maintaineed by the liftiing Supervisoor/engineer annd will show both
be b the idenntification and
c
certification sttatus of the eqquipment.

4.2 Lifting Acceessories

4.2.1 S
Slinging & Rigging
R

All containerss, skips and rigging


A r supplieed must relatee to a specifiic identificatioon number annd valid lifting
c
certificate of fitness,
f along with the date on which the certification expires,
e suitabbly marked at a convenient
l
location for a person to read..
r The coontainer or skkip, together with its rigginng must be ssupplied and
c
certificated ass a unit with suufficient detail to identify all items accordingly.

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.

T specificattions shall appply to all typess of containerss, as defined, to


The t regulate thee following:

 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

T following information shhall be permanently markedd on the plate((s):


The

 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.
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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

Careful attenttion must be given


C g to the seelection of chains. They must be designned for the typpe of work for
w
which they shhall be used. A chain must not be subjeccted to strain when
w it is in a knotted, kinkked or twisted
c
condition. Do not tie knots in chains to seecure the load.

A load must notn be appliedd to the point or


o tip of a chaain hook. Chains must not be b shortened or spliced by
knotting, wirinng or placing bolts
b between links. If hookss or links becoome distorted, they must be replaced.

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

Always inspecct slings and other


A o rigging equipment
e beffore use to ensure they are in good conddition and that
t current colour code iss correct. Cabbles and slinggs must be protected
the p wheen passing over
o sharp or
machined edgges of equipm ment. When ussing a single sling to hoist pipe or other objects where lifting eyes or
holes are not provided, makke at least twoo wraps arounnd the object.
S
Suitable proteection must bee provided beetween the sling and shapeed unyielding surfaces of thhe load to be
l
lifted.

T sling musst be kept in proper storage when not in use.


The u
S
Slings with shharp bends or knots shall noot be used.
Never connecct two or moree slings togetther by threadding the eyes. Use d-ring to
t connect slings or use a
l
longer sling.
Use d-rings inn the end of the slings wheen practicable. The pull of a d-ring must always be froom the pin to
e not from side to side. Sling and d-rring shall be Third
eye, T Party Innspected perioodically in acccordance with
requirements, and inspecteed by competeent engineer quarterly, and colour
c coded.

Inspection prrior to use sliing:

 Check forr correct colouur code;


 The SWLL id unique num
mber is identiffiable;
 Examine the sling along its entire lenngth and checck for broken wire,
w core prottrusion and cruushing;
 Check thaat the end of the
t loop terminnates outside the ferule;

Prior to use any


a type of d-ring, the folllowing checkks should be made:

 Check forr correct colouur code;


 The SWLL id unique num
mber is identiffiable;
 Check shhackle body foor wear;
 Check boody pin for weaar;

Format No. 99111-000-PCT-FRM


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 Inspect thhreads for dam


mage;
 Ensure pin fits correctlyy (check for crracking).

For examples of sling typess and rigging systems


s to be used, see Apppendix 7.1.

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.

Connections, fittings, fasteenings, parts etc. used in connection with


C w wire cablles and ropess shall be of
c
certified qualitty, of proper size
s and strenngth, and instaalled in accordance with the recommenddations of the
manufacturer..

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.

4.2.6 Fiber and Syynthetic Rig


gging

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.

4.2.7 Eye bolt

T profile of the eye bolt should


The s be smoooth and free from
f any wearr or damage.

Some precauttions are repoorted herein:


S
 Never use eye bolt that show sign off wear or damage, or if it is bent or elongaated;
 Always be sure that thrreads in shankk and receivinng hole are cleean;
 Always apply load to thhe eye bolt in the
t plane of thhe eye, not at angle;
 Never maachine, grind or
o cut eye boltt;
 Ensure thhat the colour coding is currrent and eye bbolt has an ID number.

Format No. 99111-000-PCT-FRM


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4.2.8 Hooks

A visual periiodic inspection for cracks, nicks, weaar, gouges and


a deformation should be
b conducted
a
according withh the colour coode system.

Never use a hook


h whose thhroat opening has been inccreased, or whhose tip has been
b bent or tw
wisted; never
u a hook that is worn beyyond the limitss as per manufacturer specifications.
use

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 Lifting Appliances

4.3.1 C
Cranes

When handlinng materials both with and without


W w mechaanical assistannce, personneel must be aleert at all times
t prevent acccidents and injuries. Under no circum
to mstances shall the safe woorking load (S SWL) of any
e
equipment be exceeded.

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..

The Crane Operator


T O t machine movement unntil the Lifting Supervisor or
shall never start the o nominated
Banksman is within his range of vision or in radio contact
c and thhe signal is understood.
u W
Where several
individuals are involved, th he Crane Op perator shall obey the siggnal of the leead man onlly. The only
e
exception shaall be in the caase of an emergency, when the Crane Opperator can reeceive the Emergency Stop
Signal from annyone.

When radio communication


W c n is not feasiible, then standard hand signals
s shall be
b used in all crane-lifting
o
operations.

4.3.2 Hoist

Periodic inspeection shall be


b performed by a Compeetent Person, and at intervvals recommeended by the
manufacture anda accordingg to the severity of the serrvice. The perriodic Third Party
P Inspectioon shall be in
c
carried out evvery 6 month, or when mainntenance or reepair has beenn carried out. Hoist is to be inspected by
q
quarterly by competent persson/engineer and colour cooded respectivvely.

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;

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 The hoistt shall be instaalled only in a location that will


w permit thee operator to stand
s clear of the
t load at all
times;
 All hoistss shall meett the applicaable requirem
ments for connstruction, deesign, installaation, testing,
inspectionn, maintenancce and operatiion as describbed by the mannufacturer;
 Avoid lifting loads beloow 10% of the hoist capacityy and never lift loads below
w 5% of the caapacity as the
weight off the load may not be enouggh to activate the
t friction braake;

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

Each hoist muust be markedd with the following information:

 Unique iddentification nuumber;


 SWL;
 Name of maker.

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;

 The ratedd load of the crane


 Rated loaad of the hoistt, marked on thhe hoist, trolleey unit or on itss load block.
 Plate detaailing the mannufacturers Ideentification maarkings, whichh to include
 Name & addreess of manufaacturer
 Manufacturer’’s model or seerial number
 Voltage
V of AC
C or DC powerr supply and phasep frequenccy of AC suppply.

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.

To ensure safe operations overhead/gantry crane muust be fitted with


T w limit switcches for moveement in both
d
directions alonng X and Y axxis as well as over
o hoist limit switch.

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When overhead/gantry cranes are operaational they should


W s have an automatic visual
v and auddible warning
d
device this caan be a rotatinng beacon/strrobe light whicch is to illuminate wheneveer crane is poowered and a
power operateed audible sirren to warn when movemennt is to commence or to waarn persons who w enter into
t line of travvel.
the
Prior to comm mencement of any lifting acttivities, the opperator must carry
c out dailyy/pre-operationnal checks as
d
detailed in secction 5.2.

4.3.4 Beam Clamp


p

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.

The safe use of beam clam


T mps will be larggely governed by the requireements for thee lifting appliannce with
w
which it is to be
b used but shhould take thee following mattters into accoount:

 inspectionn of the beam


m clamp and acccessories beffore use and before
b placingg into storage, do not use
defective beam clampss, lifting appliaances or accesssories;
 ensure thhe structure froom which the clamp has to be suspendedd is undamageed and is adeqquate for the
full load that will be impposed;
 ensure thhe clamp is suitable for the application,
a coorrect size andd profile for thee beam. It must not cause
localised overloading;
 ensure thhe lifting appliaance is compaatible with the clamp and thee hooks or othher attachmennts fit freely
into the eye,
e shackle, etc.
e of the clam
mp;
 the clampp must be possitioned directtly over the ceentre of gravityy of the load and the load must
m not be
allowed too swing or imppose an obliquue loading;
 never usee beam clampps which are unidentified or uncertified forr lifting applicaations;
 never repplace bolts, shackles, etc. without
w consultting the supplier/manufacturrer;
 never usee beam clampp on damaged or distorted bbeam;
 never forcce or wedge hooks
h for liftingg appliances into the attachhment eye or fitting;
f
 when a beam clamp is used for hoisting, it must be attached to the beam by a bolting mechhanism or
similar deevice that will prevent the beeam clamp froom slipping or falling.
 Beam claamp should bee cleaned and any moving parts
p lubricated at appropriaate intervals unnless the
supplier/m
manufacturer specific
s instructions indicatee otherwise;
 Never retturn damaged beam clampss to the storagge. They should be dry, cleaan and protectted from
corrosionn.

Format No. 99111-000-PCT-FRM


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4.3.5 Hand operatted chain pu


ulley blockss

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:

 Unique iddentification nuumber;


 SWL;
 class of use
u (depending on the load the may be suustained);
 range of lift;
l
 grade of load
l chain;
 name of marker.
m
 TPI date.

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 ;

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 Check alll operating levvers return to neutral


n when released;
r
 Ensure directional arroows are in placce;
 Examine the winch base
b plate forr cracked weelds, cracks around
a bolt holes,
h distortioon or impact
damage.

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

Lifting the loadd:

 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.

4.3.8 Pad Eyes

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.

5.0 Lifting Operrations

5.1 Load Indicator

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.
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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

5.2 Daily & Pre--Operationall Check

Prior to first tim


me or start-of--day operationns, the equipmment shall be inspected by operator
o to enssure that the
principal compponents are inn acceptable condition.
c If anny defects are identified thatt could affect the
t
performance or o safe operattion of the equuipment, it shaall immediatelyy be brought too the attentionn of a
mechanic / maaintenance deepartment whoo shall correctt the problem. The nature off the defect annd the action
t
taken shall bee recorded on the daily log.
It is the duty of
o the operatorr to inspect hiss equipment daily
d when liftinng operations are to take pllace. The
d checks shall
daily s be docummented and logged. The insspection includdes but is not limited to:

 signaalling lights & horns,

 limit & overload sw


witches & alarm
ms,

 cranee motion controls,

 emerrgency control devices.

Before leavingg the crane, thhe operator shhall ensure thaat:

 the looad is removeed and the hoook(s) is (are) raised


r to the highest
h position,

 theree is no risk of spurious


s movee of the crane,

 the power
p supply is shut off,

 the windows
w and door
d of the cabb are closed and
a locked.

Each crane shhall be checkeed by a mainteenance technician on an annual basis.

5.2.1 Pre Operatin


ng Checks
B
Before a cranee is allowed too operate on any
a site, it's ceertification musst be reviewedd by the relevaant
S
Supervisor. Reecords of tests and inspectiions must be available
a on thhe site.
At the beginning of each shift or prior to a lift the crane operator musst carry out following safety checks.
A

 Check thaat all lifting tacckle is correctlly colour codeed.

 Check hyydraulic and cooolant levels.

 Check thaat the audible alarms are woorking for overload conditions.

 Check thaat the load/raddius indicator is


i operating coorrectly.

 Check hyydraulic actions, operating motions


m and brraking system
m.

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 Check thee crane cabin to ensure that no materialss that constitutte a fire hazardd are present.. Ensure a
fire extingguisher is pressent.

 Check raddio communiccations (if the operator


o and banks
b man aree not in visuall contact throuughout the
complete lifting operatioon.)

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.

IIf the rope beccomes slack on


o the drum, cross-coiled,
c or trapped, liftinng operations must be susppended until
tthe rope is paid out, examinned for possible damage annd re-spooled correctly.
c

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.

5.3 S Use of Lifting Equipment


Safe

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
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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.

5.4 Handling of Pipe

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.

5.5 Planning of lift

Every lifting operation involvving lifting equuipment shall be:

 Properly planned by a Competent Peerson;


 Appropriaately superviseed;
 Carried out
o in a safe manner.
m

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The person planning the operation shhould have adequate


T a praactical and thheoretical knoowledge and
e
experience off planning liftinng operations. The plan muust address thhe risk identified by the riskk assessment
a identify thhe resource reequired, the procedures
and p annd the responsibilities so thhat any lifting operations is
c
carried out safely.

The plan shall ensure that the


T t lifting equipment remainns safe for the range of liftinng operations, for which the
e
equipment maay be used.

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.

 The load to be lifted;


 Its weightt, shape, centre of gravity, availability
a of lifting point;
 Selectionn of suitable liftting equipmennt;
 Area in thhe vicinity of thhe lifting operaation and pressence of obstaacles;
 Where the load is presently positioneed and where it will be posittioned after thhe lifting operaations;
 How oftenn the lifting eqquipment will be
b used to carrry out the taskk;
 The persoonnel available and their knnowledge, trainning and expeerience;
 The weatther conditionss;
 The comm
munication system.

For routine opperations an initial


i plan andd a JSA is reequired but it must
m be revieewed occasionnally to make
s that nothhing has changged and the plan remains vaalid.
sure

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.

Ropes, chainss or slings shoould only be shortened


s in a safe manner. The lifting opperation shall be organized
s that the liftfting equipmennt is not operrated unless thhe person atttaching or dettaching the load has given
so
t
their authorizaation to do so or it has beenn given by som
me other authoorized person..

The rigger shall be compettent and have knowledge and


T a practical experience
e onn the principlee of selection,
u care and maintenancee of lifting acceessories includding limitation on use.
use,
T lifting opeeration shall not commencee until the Liftinng Supervisorr or the Rigging Supervisor has indicated
The
t it is safe to
that t do so.

5.7 C
Critical Liftss

This Section defines


T d the minimum
m technnical requiremeents for a Critical Lift Riggiing Package. A Critical Lift
Rigging Packaage must be accepted beforee any Critical Lift L is performeed. A Critical Lift
L is an Enginneered Lift. An
Engineer shall analyze all aspects
a of a Critical
C Lift. Thee Engineer maay be from thee Lifting Subcoontractor. The
C
Critical Lift Riggging Packagee will be reviewed by the Siite Personnel who have intimate knowleddge of the site

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cconditions andd also by a Rigging


R Engineeer. A Senior Engineer will review the Engineering of a Critical Lift
Rigging Packaage for compliaance to the tecchnical requireements of this procedure.

C
Certain lifts, as
a set forth below, shall bee considered Critical Lifts::

 Lifts or movementss over 10 tonss


 Erecction of processs columns, tow
wers or vesseels
 Turbine/generator systems
 Lifts over operatingg capital equippment
 Lifts or movementss of unusual difficulty
d or geoometry (for exxample, lifting into High strucctures,
throuugh a building roof, where thhe operator caannot clearly see
s all movem
ments etc.)
 Where required byy contract
 Lifts utilizing more than one cranne regardless of the weight of the load too be lifted (Tanndem Lift).

The detailed rigging


T r packagge shall providde a written naarrative description of the opperation. This step by step
narrative shall be detailed enough
e to com
mpletely descrribe the lift andd provide adeqquate referencce to
d
drawings so thhat a rigger annd/or operatorr could set up and execute thet lift with only the aid of thhe Rigging
Package.

A include the following


Also g as a minimu
um:

 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

Drawings to be provided shall


s consistt of:

 Elevaation View - Show


S the item
m being lifted, lifting attachm
ments and any structures thaat may cause
interfference.

 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

 Rigging and Tailinng Hookup. Show


S all attaachments and pieces of eqquipment, as they will be
arrannged. Show asssociated dim
mensions and labell rigging hardware.
h Shoow weights of blocks, lifting
beamms and slings. Show hoist rope diameteer(s). Show atttachments to the hook andd to the load.
Show w the number of
o parts to be used
u in the maain load line.

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 Traveel Route. Shoow any short radius curves, obstructed corners,


c overhhead obstructioons, potential
difficult grades andd allowable roaadway bearingg pressures.

Equipment Liist shall conssist of:

 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:

 Inspeection reports as described below.


b

 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.

Proof Load Tests

 Slings, other rigging hardware, cranes, jacks and otther lifting devvices shall be proof
p tested

Lift Weights

 The Lift Weight


W shall innclude the weight of the riggging hardware. Weight of the load shall be supplied by
the vendoor or weighed on o a scale.

Hoisting Capacity

 A manufaacturer’s load chart


c for any liffting device ussed in the lift shall
s be provideed. The lift shaall be made in
a configuration where the
t lifting device is only loadded to 85% off the rated cappacity on the manufactures
load chartt. No exception is allowed.

 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.

ust be fitted with automattic safe load indictors. An


NOTE: All craanes or lifting devices mu nd all cranes
a lifting devices shall bee marked with
and h load capaciity.

C
Calculations shall be provvided for the following:
f

 Sling andd wire rope safety


s factor determinations
d s. The actual load(s) in thee slings and other rigging
hardwaree shall be calcculated. Thesee calculated loads shall be included on thhe ELRC in the appropriate
location. The
T calculatioons used to obbtain the actuaal loads shall also
a be includeed in the Riggging Package.
These caalculated actual loads shalll be compareed to the rated capacity off the sling or other rigging
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hardwaree. The rated caapacity of slinggs shall be as documented


d o the sling cerrtification. Thiss documented
on
rated cappacity (the Safee Working Loaad, SWL, or Working
W Load Limit,
L WLL) shhall also be inccluded on the
ELRC. Thhe rated capaccity shall alwayys be equal to or larger than the calculatedd actual load.

 Ground looading: This will


w require a geeotechnical report stating thee allowable beearing capacityy of the soil in
the area of
o the lift. Calcculations shall demonstrate the
t adequacy of matting useed under the crane
c or lifting
device (if required) to sppread load to less
l than the allowable.
a

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.

5.8 Precautionss in bad weaather conditiion

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.

A wind velocitty indicating deevice shall bee mounted at or


o near the topp of the crane
O selectedd lifts that can be lifted safeely should be carried
Only c out. If at any time thhe crane operrator is of the
o
opinion that due
d to the veloocity of the wiind this wouldd deem any lifft unsafe, thenn the operatioon in question
must be postpponed.
T
Types of lift noot recommendded are items with a large ssurface area (ee.g. steel platees), which couuld be caught
b the wind, giving
by g rise to hazardous worrking conditionns.

If wind velocitty reaches 322Km/h the following precauutions must be


b taken to ennsure all crannes are made
s and secuure:
safe

 Hydrraulic cranes tto retract boom


m fully and craadle.
 Crannes with latticee booms are too be tailed dow
wnwind and hoooked up to secure boom.

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

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5.9 Protection against


a slipss, trips and falls
f

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

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Types oof Slings

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Hand Signals
INTERNATIO
ONAL HAND
D SIGNALS FOR
F CRANE
E OPERATIO
ONS

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Equipmeent Lift Reco


ord Card
EQ
QUIPMENTT LIFT REC
CORD CAR
RD (page 1 of 2) Lift Record No.

Conttractor:

Areaa/Site: Date:

Equipment to be Lifted:: Desccription

Lenggth: Width: Heigght: Weight:

Cranne - Lifting Device ((Make and Model)

Jib too be used: (Yes / No)


N Crane capacityy: (lb)
Block Block
Capacity Weight Maximum Loadd Radius: (ft)
Lenggth of Jib: (ft)

Anglle of Jib: (Degreess) Counterweight Needed: (lb)

Capacity at Maaximum Radius: (ft)


Capaacity: (from chart)
Boom Length: (Length)

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%.

CRANE FOUNDATION INFORMATION


DESC
CRIPTION Lbs. / SF

1. Provide the allowable soil bearing


b capacity for the area of the Lifft.

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.

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 35 off 36

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.

5. Pre-Lift Meeting – All members of crew


c properly briefeed and assigned reesponsibilities for taasks to be performeed.

6. Clearances – Prooper Head Room iss available. Boom will clear any strucctures during the Lifft.

7. Load Chart is in the Crane.

8. Job Safety Plan (JSP) Attached.

DESCRIPTION OF OPERATIO
ON AND PROCEDURE – ATTACH A
ADDITIONAL PAGE
ES OR DRAWINGS
S AS REQUIRED

DATE
E
APP
PROVAL OFF ELRC
Rigging Supervisor

Engineer /Manager in ccharge of lifting

Mainttenance Manager

HMEL Safety Authorisattion

V.P. Safety
S Signiture_______________________________________________________________________________
#Reqquired for Critical Lifts Only#

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 36 off 36

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…

Format No. 99111-000-PCT-FRM


M-00006 Rev-00
ANNEXURE TO
SCC
Guru Gobind Singh Polymer
Addition Project
-----------------------------------------------------------------------------------------------------------------

SCAFFHOLDING ERECTION INSPECTION AND


DISMANTLING PROCEDURE

[ANNEXURE -XIV TO SPECIAL CONDITIONS OF CONTRACT]

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

02 I 11.04.2016 I IFI Issued for


Implementation
I' Prabhash Kamboj
(AM-HSE)
Ian Thorpe
(VP-HSE)
12.11"'//6
Martin Hawkins
(COO)

Issued for Prabhash Kamboj Ian Thorpe


01 I 01.06.2015 I IFI Implementation
Martin Hawkins
(AM-HSE) (VP-HSE)
(COO)
Issued for Surendra Mahakalkar Ian Thorpe Martin Hawkins
00 I 23.07.2013 IFI Implementation (AM-HSE) (VP-HSE) (COO)

REV DATE STATUS REVISION LIST PREPARED CHECKED APPROVED


This document is confidential. 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.

Format No. 9111-000-PCT-007-00006 Rev-OO


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
2 of 29

REV DATE REV DETAILS

00 23.07.2013 Issued for Approval & Implementation

01 01.06.2015 Recommendations from Maintenance team incorporated (Meeting Date 02/02/15)


Review Committee includes representative from Mechanical, Electrical & Safety
Department.
,

Major Changes:
• Guidelines for suspended scaffold included

• Guidelines for scaffold erection near transformer included

• Scaffold Material Inspection incorporated

• Checklist for working at Height made mandatory during scaffold erection & dismantling

02 11.04.2016 Major Changes:

• Guidelines for Scaffolding modification incorporated

• Criteria for scaffolding erection using heavy & medium class pipe incorporated

• Criteria for Scaffolding contract awarding incorporated

• Recommendation from Maintenance & Project team incorporated (Meeting Date


17/03/2016)

Note:

The Owner of this procedure is department H&S at Bathinda. Please contact safety manager for any clarifications, updates
or revisions.

Format No. 9111-000-PCT-007-00006 Rev-OO


HPCL·Mittal Energy Ltd. Revision 02
Issue Date 11.04.2016
Scaffolding Erection, Inspection and Dismantling Procedure
Next Review 10.04.2018
9111·000·HSE·006·00013 ,
HMEL Page
30fl9

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

Format No. 9111-000-PCT-007-00006 Rev-OO


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Next Review 10.04.2018
9111·000·HSE·OO~·00013
HMEL Page 4 of 29

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.

Format No. 9111-000-PCT-007-00006 Rev-OO


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Next Review 10.04.2018
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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.

5.0 SCAFFOLD CONTRACT


HMELlHMPL Engineer in charge from maintenance/project to ensure that this procedure shall be provided in
advance to the contractor agencies biding for the scaffolding or any composite contract which covers scaffold
work, with in the HMELlHMPL locations. Contractor agency biding for such contract shall have 5 years of
experience with recently engaged in scaffolding job. Engineer In charge shall organize a meeting with all
agencies biding for the contract to evaluate their competency as per the requirement of this procedure prior
awarding the contract. Contractor agency should give demonstration of scaffold erection &dismantling if required
by maintenance/ project & safety department on work site.
HMELlHMPL will have one or more specific scaffolding contractors who will build scaffolds for HMELlHMPL as
per requirement and who can be authorized to build scaffold for other contractors on site. Whereas other
contractors, including project contractors who wants to build scaffolds shall be bound by the rules· of this

Format No. 9111-000-PCT-007-00006 Rev-OO


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procedure and will only be allowed to build scaffold after demonstrating their competence to the satisfaction of
maintenance/project and safety department.

6.0 SCAFFOLD TYPES


Different types of scaffolds are being used at site as per the site requirements and nature of the job.
Main types of scaffolds which are widely used are:
A. Standard Tubular Frame Scaffolds
8. Zip up scaffolds
C. Mobile Scaffold
D. Suspended Scaffoldl Hanging Scaffold
For further details on types of scaffolding please refer Annexure V s

7.0 SELECTION OF TYPE & DESIGN OF SCAFFOLD


Scaffold design will be done on the basis of maximum load expected to be used during the job.
Scaffold;erection by using cup lock, doca & material other than as specifi~d in IS 2750 shall be approved by
maintenance/project & safety department. For such materials contractor agency shall submit the standard related
to material & erect the demo scaffold to take approval prior to any scaffolding work at site.
Refer Table A1 & Table A2.

7.1 Design Requirements for Erection of Scaffold

• 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.

Format No. 9111-000-PCT-007-00006 Rev-OO


~ .
Revision 02
HPCL.Mittal Energy Ltd. 1

issue Date 1,11.04.2016


Scaffolding Erection, Inspection and Dismantling Procedure
9111·000 .. HSE·006·00013 Next Review I 10.04.2018
HMEL Page 7 of 29

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

8.0 MATERIALS AND COMPONENTS OF SCAFFOLDING


All scaffold materials shall be of sound construction and adequate strength and shall be manufactured, \
constructed and maintained as per IS-2750 or other standard as approved by maintenance/project and safety
department.
For detailed component, please refer Annexure VI,

8.1 Material Inspection


Scaffold contractor shall provide the certificate stating the condition of material OK and make available for safety
department to do random check prior to entry in refinery premises. Contractor will submit certified and material
entry document with date of inspection to EIC. Half yearly visual inspection ?f scaffold material including
scaffolding pipes shall be carried out by contractor to check its quality against any crack, bend and damage etc.,.
Format No. 9111-000-PCT-007-00006 Rev-OO
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HPCL·Mittal Energy Ltd.
Issue Date 11.04.2016
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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.

9.0 PLANNING I PRE ERECTION

• 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.

10.0 ELIGIBILITY & EXPERIENCE OF PERSONNEL


• HMEUHMPL (Competent Person)
Person from maintenance/project department will be trained on scaffold erection/ dismantlingl
modification after that they will be recognized as competent person for inspection and certification of
scaffold. (Minimum qualification level is diploma in mechanical/civil engineering)
Format No. 9111~OOO-PCT-007-00006 Rev-OO
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• 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.

11.0 SCAFFOLD ERECTION


11,1 General Guidelines for Scaffolding Erection
For details see Annexure - VII
12.0 INSPECTIONS DURING SCAFFOLD ERECTION
12.1 Materials
All scaffolding materials and components must be visually inspected before use and during scaffolding erection
for soundness and identifying any defective/damaged materials. If during inspection any defective or damaged
materials are identified, these must be removed from service and identified as such, clearly stating
damaged/defective do not use.

12.2 Scaffold Inspection I Certifying


Upon completion and before handing over the scaffold, the scaffolding supervisor of contracting company which
carries out the erection of the scaffold must inspect and ensure that the scaffold:-
• Complies with applicable design specification and standards for that particular scaffold.
• Complies with the statutory regulations and recognized code of practice
• Is adequate for the purpose for which it is intended.
• Is stable and in a safe condition.
• Is marked to indicate its Safe Working Load (e.g. on scaff-tag).

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

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• The location of the Scaffold

• The reference number of the scaffold corresponding to the relevant entry into the Scaffolding Register.

• Date of Scaffold erection.

• Safe Work Load of scaffold

• By whom the Scaffold was requested.

• Scaffolding Supervisor Signature.

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.

12.3 Scaffolding Tag


Completed Scaffolding tag to be displayed close to the ladder access to give scaffold user information on the
status of the Scaffold, whether scaffold fit for use or not fit for use. There are two types of scaffolding tags in use
. which depict the current status of the scaffolding which are as follows:
Red Tag:
• Under erection
• Under repair /modification
• In complete
• Under Dismantling
Green Tag:
• 100% complete, inspected and accepted for use.
• Scaffolding tags will be issued by the maintenance/project department at the time of registering the
scaffold in scaffolding inspection register.
• Green scaffold tag needs to be signed by scaffold supervisor and HMEL competent person before starting
of job. If job is continued for more than seven days then they will renew the same tag after checking at
site. This process will be continuing till completion of job. If tag is damaged during this work interval then
contractor has to submit the damaged tag to maintenance/project department .They will issue the same
10 number tag against the damaged one.

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.. 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.)

12.4 Scaffolding Inspection


Scaffoldirig must be inspected by the scaffolding supervisor in following cases:

.. 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.

13.0 SCAFFOLDING USE

• 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.

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• 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.

14.0 SCAFFOLDING MODIFICATION


• No modifications or additions which affect the capacity of the scaffold shall be done without approval from
maintenance manager.-
• Only authorized scaffold personnel can alter or modify a certified safe scaffold which must be carried out
under a work permit requirement and condition. Any alteration or modification done should be registered
in the scaffold inspection register.
• If modification carried out for scaffolding of height more than 9mtrs, design & load calculation shall be
done again according to section 6.1 prior the modification.
• Modification shall only be carried outwith permit mentioning requirement of modification of scaffold.

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).

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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

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ANNEXURE .. I

Checklist for Working'a1Height S1. No

®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.

Plant: 'Location: Name of the contractor! Agency: _ _ _ _ _ __

Date: Name of Site Supervisor: Total No. of workers allowed _ __

Means of Access: LadderD scaffoldingD Others (SpeCify)D _ _ _ _ _ _ __

Type of ladder (Step Ladder! Extension Ladder!Platform Ladder)

S. No. PARTICULARS Yesl Not Req.


1 Is the work area inspected and barricaded properly? ,

2 Is proper means of access to the working location provided? (ladder/Scaffold)


Checked whether workers using certified double hook full body harness & necessary arrangement
3 for secured anchorage are provided for working at height?
Where it is not practicable to comply with item no. 3, a life line securely attached to sufficient
4 anchorage shall be provided.
5 Check that work area is properly illuminated?
If scaffold to be erected! dismantled checked that Red Tag is issued from planning group and scaffold
6 materials stacked properly at site, without obstructing approach route?
If scaffold of height more than 9mtrs to be erected, check that approved design & load calculation
7
details are available?
Have scaffolds been checked and certified in prescribed form by scaffolding supervisor and
8 maintenance Engineer?
Scaffolding is having a valid Green Tag duly signed by contractor supervisor & HMEL competent
9
person?
Is proper means of access to the scaffold including use of certified and tagged aluminum ladder
10 provided?
11 Visual Inspection! Pre use check on condition of ladder carried out by the user?
Has edge protection provided against fall from roof! elevated space (Toe Guards/Mid Rails/ Hand
12 Rails)?
13 If extended ladder is used, then 3 rungs overlap?
14 Is the work platform made free of hazards of all traps/ trips/ slips & fall?
15 Checked for provision of collective fall protection such as safety net?

Pennit Requestor
Signature Date Time (Hrs.)
Pennit Issuer
Signature Date Time (Rrs.)

Format No. 9111-000-PCT-007-00006 Rev-OO


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ANNEXURE·III

GURU GOBINO SINGH REFINERY

SCAFFOLDING CHECKLIST

Work Permit No: - _ _ _ _ _ _ __ Scaffold Tag No. -_ _ _ _ _ _ _ _ _ __

Location: -_____---.,.--_______________

Checked By: -_ _ _ _ _ _ _ _ _ _ __ Date of Inspection-_ _ _ _ _ _ _ __

Sr. No Check Point Status


1 Base plate provided Yes
2 Sole plate/ board provided Yes IN.A.
3 . Has scaffolding area suitably barricaded during Yes
erection/usage/dismantling?
4 Are the scaffolding is vertical and level? Yes
5 Are the poles, runners and bearers of scaffolding are securely braced Yes
to prevent swaying displacement.
6 Is there a safe and convenient means of access? If ladder is used, is it Yes/No
rising at least 1 meter above the platform

7 Are the grating or horizontal pipe protruding =6"? Yes/No I

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- _ _ _ _ __

(Note- It will be on back side of green tag)

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ANNEXURE·IV

RED & GREEN TAG OF SCAFFOLD

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ANNEXURE·V
TYPE OF SCAFFOLD

A. STANDARD TUBULAR FRAME SCAFFOLDS:


This is the most frequently used scaffold in industry. The scaffold is manufactured in various configurations and
spans. The advantages of the frame scaffold are that it is simple to assemble, many construction trades are
familiar with its use, and the components can be lifted manually by workers.

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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

• Automatic locking Brace Hooks


Hooks snap into locked position and an easy-release catch design aids. disassembly.

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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.

There are two types of bracing:


• Plan bracing at the base, the working platform and at alternate lifts.
• Diagonal bracing to the full height of the Scaffold on all four sides.

TIMBER COVER FOR TOP RAIL


ACCESS HOLE (OR HINGED)
... diF?'i

WIRE LASHING
(TOP, MIDDLE &
BOTTOM)
PLAN BRACE
UNDER DECK

LADDER SHOULD
BE FIXED TO TH E
NARROWER WIDTH

TRANSVERSE
(LEDGER) BRACING

PLAN BRACE

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The following requirements must be maintained while using a Mobile Scaffold:


• Mobile Towers shall only be used and moved on firm and level surfaces.
• Castors or wheels shall be used which suit the size and the loading of the tower.
• They must be fixed to each extreme corner in the base of mobile towers and secured so they cannot fall
off when the tower is moved.
• Castors or wheels shall have an effective brake, which must be applied when the tower is in use.
41 Lift heights shall not exceed 2.7 meters with the lowest lift being fixed as near to the base as possible.
Transom and ledgers shall be secured with right angels couplers.
• Ledgers to ledger shall be fixed to the full height of the tower on every side.
• Plan braces will be fixed at every alternate lift, using right angle couplers. The bottom and top lifts will
always be plan braced.
• The work platform must be planked for the full width of the scaffold.
4]1 Get help for moving rolling scaffolds ensure route is clear. Watch for holes and overhead obstructions.
• Remove all materials and equipment prior to moving scaffold.
• No persons are permitted to access on a moving scaffold.
/I Good means of access must be provide to all scaffolding, climbing of the scaffolding.
4]1 Ladder access must be subject to ladder inspections and the same recorded.

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.

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ANNEXURE-VI
COMPONENTS OF SCAFFOLDING

A. FOUNDATIONS (BASE PLATE)


Base plates shall be placed under every standard except mobile scaffold irrespective of the foundation surface
and sole plate on soft ground. Base plates shall measure 150mm X 150mm minimum and be at least 5mm thick.
Base plate should be manufactured from mild steel and have a center circular spigot at least 75mm high. The
spigot circumference should be equal to 80% of the circumference of pipe so only 20% margin left there for the
free movement of pipe fitted on spigot.
Sale plate shall be placed under every base plate where the foundation is other than concrete or metal plate
decking. This requirement will apply to open deck boards and unpaved areas or loose soil area.
The minimum sole plate dimensions which are laid down shall not be less than 400mm X 400mm wide X 5mm
thick & made up of mild steel material.
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. This applies to all scaffolds regardless of the size.
NOTE: • Scaffolding Jaiis are not allowed to use as an alternate to sole plate.

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.

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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.

E. LEDGERS/RUNNERS (TUBE AND COUPLER SCAFFOLDS)


• Ledgers must be plumbed level (using a level gauge) and fixed to the inside of Standards where possible.
Only right angle- Load bearing couplers shall be used, in the event of a non-load bearing coupler being
used a check fitting will be applied directly underneath the existing coupler.
• The vertical distance (lift height) between ledgers shall not exceed 2 meters.
• Joint in ledgers shall be made with sleeve couplers only. Joint pins are not acceptable where possible
joints in ledgers will be staggered between bays.

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.

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H. LADDER ACCESS PLATFORMS

• 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
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[mtcpd~ .!

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1)'P.

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~~

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.

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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

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SCAFFOLD TERMINOLOGY

TOP RAIL

. ~
.... ji A I:::8E UPRIGHT

MINIMUM 0.90 METER "


MAXIMUM1.0 METER '

LONGITUDINAL BRACING

SWIVEL COUPLER

F!XED COUPLER (90°)

RUNNER (LEDGER)
TRANSVERSE BRACING

BASE LIFT (KICKER LIFT)

BASE PLATE

SOLE PLATE

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ANNEXURE-VII

GENERAL GUIDELINES FOR SCAFFOLDING ERECTION

The following points to be adhered to during the erection of scaffolds:


• All scaffold designs according to Section 6.1 must be approved by the maintenance manager for use
prior !o erection of a scaffold and a sc?ffold request shall be registered. in central scaffold register.
• All fixed scaffolding will be of the tubular welded frame, tube and coupler type scaffold, Quick Erect
Systems (QES) scaffolds.
• Only approved scaffolders are allowed to erect/dismantle the scaffold.
• All scaffolds shall be erected with the Factor of Safety equals to 4 (Fulfilling the criteria given in TABLE
A1 & A2).
iii All personnel involved in erection/dismantling/modification of scaffolding must wear personal protective
equipment, which will include: safety helmet, safety shoes, boiler suite, eye protection, hand gloves, Full
body harness and where required hearing protection. The job is considered as working at height job.
• During erection/dismantle the scaffold provide "DO NOT USE TAG" (Red Tag) on scaffold.
• The footing of scaffold shall be placed on leveled & sound ground capable enough of carrying maximum
intended load without settling or displacement.
.. All scaffolds (regardless of where they are constructed) must be equipped with a 15X15 cm steel base
plates with an internal fixing spigot. Use of adjustable type support incorporating the above are preferred
for use. Mobile scaffold does not require base plate and sole plate but it needs locking casters and plain
concrete surface to move on it.
• Ensure that first horizontal member on either side of scaffold is at 2m height from ground.
• After reaching to the first horizontal level, place bracing on two side of scaffold before proceeding further.
4» The height of scaffold should not be more than four times of its minimum base dimension unless guy
ropes, ties or braces are used or properly supported laterally.
• Loose scaffolding materials shall be lifted by rope or pulley arrangement and not by using man chain or
throwing.
" There must be no unprotected gap between the guardrail and toe-board of more than 470 mm. If this
distance is changed it must be justified in the risk assessment.
• All scaffolds shall be furnished with handrails and mid-rail on all sides. Handrails must be approximately
0.9 to 1.0 meters above the scaffold platform.
" Toe boards are required on all scaffolds. Toe boards to be a minimum of 15 cm in height and tied to the
vertical up-right/rail at each corner.

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• 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

Format No. 9111-000-PCT-007-00006 Rev-OO


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
29 of 29

SCAFFOLD ERECTION WORK FLOW DIAGRAM

Start

Scaffold Agency approach to


EIC (Engineer In charge) for
erection of scaffolding.

Permit Requestor approach to Maint. Dept.


for erection of, Scaffold.

Maint. Department make necessary entry into register and issue, Tag No.

Request to area owner for erection of


scaffold with work Permit and Checklist of
Working at Height.

Necessary permit granted by concern area In-charge.

Erection of scaffold

Scaffold checked by Not Ok


Contractor Scaffold Red Tag
Supervisor & Competent
Person from
• Sign by Scaffold Supervisor

HMEUHMPL

OK

Green Tag with Signature by Scaffold


Supervisor & Competent Person

+
Start the job with proper safety precautions

.
If work continue more than 7 days then needs to be
revalidated by Scaffold Supervisor & Competent Person

If any modification in existing scaffold

Audit by Maint. Dept. to check


implementation of procedure.

Format No. 9111-000-PCT-007-00006 ReV-GO


ANNEXURE TO
SCC
Guru Gobind Singh Polymer
Addition Project
-----------------------------------------------------------------------------------------------------------------

WHISTLE BLOWER POLICY

[ANNEXURE -XV TO SPECIAL CONDITIONS OF CONTRACT]

Page 1 of 1
WHISTLEBLOWER POLICY

HPCL-Mittal Energy Limited


& its’ Subsidiary
HMEL-Whistleblower Policy

INDEX

S. No. Particulars Page No.


1. Background and Objectives of the Policy 3
2. Coverage and Scope 3
3. Guidelines 3
4. Definitions 4
5. Guidance to Reporting 4
6. Reporting Channel and Procedure 5
7. Confidentiality 5
8. Protection 6
9. False complaints 6
10. Amendments to this policy 7
11. Document retention 7
12. Additional enforcement 7
Annexure 1: Ombudsperson Contact Details 8
Annexure 2: Frequently Asked Questions 9

2
HMEL-Whistleblower Policy

1. Background and Objectives of the Policy

HPCL-Mittal Energy Ltd. (‘HMEL’ or ‘the Company’) endeavours to conduct its


business with the highest standards of professionalism, integrity, ethics and legal
compliance. HMEL also has a defined Code of Conduct that all employees are
expected to comply with.

The objective of this Whistleblower policy is to provide HMEL stakeholders


(Directors, employees, suppliers, contractors, traders, customers, consultants, agents,
etc. and their employees) a way to raise issues or concerns if the stakeholders have
reason to believe that these standards or the Code of Conduct are being compromised
or if there is an actual or suspected fraud.

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.

2. Coverage and Scope

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.

“Ethics Committee” means a committee formed by the management consisting of


Chief Financial Officer (‘CFO’), Chief Operating Officer (‘COO’) and Vice
President-Human Leadership (‘VP-HL’).

“Ombudsperson” means GM, Risk Assurance or any other person as nominated by


Managing Director & Chief Executive Officer (‘MD&CEO’) of the Company.

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:

 The Whistleblower policy is intended to be used for serious and sensitive


issue and hence complaints / disclosures should be factual and not
speculative in nature. It must contain as much relevant information as
possible which should help in assessment and investigation;
 Attempt should be made to report the concern immediately after the event
has occurred;

4
HMEL-Whistleblower Policy

 The Whistleblower should not investigate or attempt to investigate the


matter on his own. The Whistleblower must disclose his/ her identity in the
complaint and the Audit/ Ethics Committee/ Ombudsperson may not accept
anonymous complaints. Audit/ Ethics Committee/ Ombudsperson will have
discretionary powers to decide whether to investigate any specific
anonymous complaint or not.

If an employee receives a complaint, he/ she should report it using the reporting
channel mentioned in paragraph 6.

6. Reporting Channel and Procedure

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.

Ombudsperson will initiate the investigation in consultation with the Ethics


Committee using company’s Risk Assurance department or outside agency to
investigate the matter. The nature of investigation will depend on merit of each case.

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

 Maintain complete confidentiality of the matter;


 Not discuss the matter except for the purpose of investigations;
 Not keep the documents/ evidences pertaining to the investigation
unattended anywhere at any time.

The Whistleblower’s identity will be disclosed only in the following circumstances:


 The Whistleblower agrees to be identified;
 Identification is necessary to allow HMEL or law enforcement officials to
investigate or respond effectively;
 Identification is required by laws.

8. Protection

The Whistleblower will be provided the following protection under this policy:

 HMEL will keep the identity of the Whistleblower confidential to the


extent possible, subject to legal constraints;
 HMEL will ensure that there is no unfair treatment meted out to the
Whistleblowers. Harassment, discrimination or victimisation of the
Whistleblower will not be tolerated and could constitute sufficient grounds
for dismissal of the employee responsible for these actions. Protection will
be given to the Whistleblowers to ensure that there is no direct or indirect
impact of the incident e.g. termination, disciplinary action, transfer, delay
in promotion, etc.;
 Any other stakeholder assisting in the investigation will be protected to the
same extent as the Whistleblower;
 If a Whistleblower makes an allegation knowing it to be false or with mala
fide intentions, no protection will be provided under this policy and he / she
may be subject to disciplinary action.

The protection is available provided that:


 The communication/ disclosure is made in good faith;
 The Whistleblower believes that the information, and any allegations
contained in it, are substantially true;
 The Whistleblower is not acting mala fide or for personal gain.

9. False complaints

 Making frivolous or bogus complaints through Whistleblower mechanism


is unacceptable and strictly prohibited;

6
HMEL-Whistleblower Policy

 If results of investigation indicate that the complaint was false or frivolous


or was made with malicious intention, the Whistleblower will be subject to
disciplinary action as may be considered appropriate, including termination
of services or employment contract.

10. Amendments to this policy

 Modifications may be necessary to the policy for various reasons including


changes in local, state, central and international laws to ensure compliance
etc.
 Authority to approve changes to this policy (including composition of the
Ethics Committee) lies with the Audit Committee.

11. Document retention

 Ombudsperson shall maintain appropriate documents for all the complaints


received through Whistleblower mechanism and the action taken against
them;
 Reports containing details like type of complaint, description of complaint,
action taken, report of action taken, etc. will be prepared for all complaints
received;
 All such documents and reports will be retained by HMEL for a period of
eight years.

12. Additional enforcement

Nothing in this policy prevents a person from reporting information to appropriate


agency(ies) when there is a reasonable cause to believe that a violation of local, state,
central or international law has occurred.

7
HMEL-Whistleblower Policy

Annexure 1: Ombudsperson Contact Details

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

Annexure 2: Frequently Asked Questions

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.

It is for use in a situation where a person does not feel


comfortable using any of the usual channels of communication
or protocols to raise a concern (e.g., immediate supervisor or a
Human Leadership), or where the person has reason to believe
that using the typical communication and reporting channels
has been, or would be, unsuccessful.

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.

How will my The information shared by Whistleblower will be available


confidentiality be only to the concerned members of the investigation team and
protected? Ethics Committee.

Whistleblower’s identity will be disclosed only in following


circumstances:
 The Whistleblower agrees to be identified;
 Identification is necessary to allow HMEL or law

9
HMEL-Whistleblower Policy

Question Answer
enforcement officials to investigate or respond
effectively;
 Identification is required by law.

Is there any time Attempt will be made to complete preliminary evaluation


limit for resolving within one week ideally using Company’s Risk Assurance
the case? Group. If needed, the Ethic Committee can engage an outside
agency to investigate the matter who should complete the
investigation within 45 days from engagement.

Based on result of preliminary evaluation, further course of


action will be decided by the Ethics Committee.

Resolution of a case would depend on several factors like its


nature, availability of information, among other things. Thus
the time for resolution will vary from case to case.

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
-----------------------------------------------------------------------------------------------------------------

CALIBRATION REQUIREMENTS OF MONITORING AND


MEASURING DEVICES AT CONSTRUCTION SITE

[ANNEXURE -IX TO SPECIAL CONDITIONS OF CONTRACT]

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

1-3=fro-r r4-4- urT PdRicril


1 cHILIA
armeicbdi

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

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved


lafaZIE'T CALIBRATION REQUIREMENTS OF STANDARD No.
ENGINEERS
5.ge1105ieg INDIA LIMITED MONITORING AND MEASURING DEVICES 7-82-0002 Rev. 0
141R7f ERP12 051.740,71)
(AGO
of
In AT CONSTRUCTION SITES
Undertaking)
Page 2 of 5

Abbreviations:

ABS ABS Consultancy


BIS Bureau of Indian Standards
BV Bureau Veritas
CELL Certification Engineers International Ltd.
DNV Det Norske Veritas
IRS Indian Registrar for Shipping
LRS Llyod's Register Group Limited
NABL National Accreditation Board for Testing and Calibration Laboratories
PMI Positive Material Identification

Construction Standards Committee

Convenor: Sh. M Deshpande, ED (Construction)

Members: Sh. S N Bhatnagar, GM (Construction)


Sh. Rakesh Nanda, GM (Piping)
Sh. Rajeev Jain, DGM, (C&P)
Sh. Janak Kishore , DGM (Projects)
Sh. Ravindra Kumar , AGM (Construction)
Sh. D Jana, AGM (Construction)


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

Requirement for control of monitoring and measuring devices.

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

A.4. Cross staff --- --- Same as 3b&3c


above
Distomat Actual Physical Before using Records to be
Verification at Site first time at site maintained
Total Station 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,etc.
B. Civil Laboratory
All balances- Check for zero error Whenever used ---
Mechanical
Weigh Calibration of scales Once in three Records to be
Batcher/Batching Months maintained
Plant
Cube testing Calibration certificate from As per Records to be
machine manufacturers or from manufacturer maintained
reputed calibrating agency. specification or
once a year
whichever is earlier
Moisture Meter Calibration of scales 6 months Records to be
maintained

Note: If Error is found, it has to be sent to manufacturers or their authorized agents for
rectification and certification. Reputed calibrating agency shall be NABL
accredited for relevant testing.


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.

C.6 Elcometer Check with standard test Before use Records to


films supplied by the be maintained
manufactures
C.7 Universal Testing Calibration Certificate As per Records to
Machine from any reputed third party manufacturer's be maintained
inspection agency. viz, recommendation or
CEIL, LRS, BV, ABS, DNV once a year
or IRS. whichever is earlier
C.8 Charpy V-notch Calibration Certificate As per Records to be
Impact testing from any reputed third party manufacturer's maintained
machine inspection agency. viz, recommendation or
CEIL, LRS, BV, ABS, DNV once in a year
or IRS. whichever is earlier
C.9 Hardness Testing Check with the standard test Before use Records to be
Machine block supplied with the maintained
machine as per
manufacturer's
Recommendation
C.10 Chemical Analysis Check with the Before use Records to be
,ex :PMI etc. standard samples maintained
C.11 Various Digital Calibration Certificate from Once in Six Records to be
and Analog reputed laboratories or the Months or as per maintained
meters manufacturer manufacturer's
recommendation
whichever is
earlier.

Note: If Error is found, it has to be sent to manufacturers or their authorized agents for
rectification and certification. Reputed calibrating agency shall be NABL
accredited for relevant testing.

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved
CALIBRATION REQUIREMENTS OF STANDARD No.
lalfteq ENGINEERS
eig em Eitateg INDIA LIMITED MONITORING AND MEASURING DEVICES 7-82-0002 Rev. 0
1.41V, eleCAU mom) (A Govt of India Undertaking)
AT CONSTRUCTION SITES Page 5 of 5

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
-----------------------------------------------------------------------------------------------------------------

QUALIFICATION & EXPERIENCE REQUIREMENT OF KEY


CONSTRUCTION PERSONNEL AND PENALTY FOR
THEIR NON-MOBILIZATION

[ANNEXURE –VI TO SPECIAL CONDITIONS OF CONTRACT]

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

Infer Wgrur chliA4 31-4Wa


d vi 3Tra 311-{ amit-n rr-{

QUALIFICATION & EXPERIENCE


REQUIREMENT OF KEY CONSTRUCTION
PERSONNEL AND PENALTY FOR THEIR NON-
MOBILIZATION

0 12.06.2015 Issued as Standard RK MD SC


Standards Standards
Committee Bureau
Rev. Prepared Checked
Date Purpose Convenor Chairman
No by by
Approved by

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved


QUALIFICATION & EXPERIENCE STANDARD No.
k31 '=1 ENGINEERS
Og aiElf5reg INDIA LIMITED
REQUIREMENT OF KEY CONSTRUCTION
7-82-0003 Rev. 0
(viwn rirave maJoura) (A Govt. India Undertaking)
PERSONNEL AND PENALTY FOR THEIR
NON-MOBILIZATION Page 2 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

Construction Standards Committee

Convenor: Sh. M Deshpande, ED (Construction)

Members: Sh. S N Bhatnagar, GM (Construction)


Sh. Rakesh Nanda, GM (Piping)
Sh. Rajeev Jain, DGM, (C&P)
Sh. Janak Kishore , DGM (Projects)
Sh. Ravindra Kumar, AGM (Construction)
Sh. D Jana, AGM (Construction)

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved


QUALIFICATION & EXPERIENCE STANDARD No.
t31
9-ae..1e-IMENGINEERS REQUIREMENT OF KEY CONSTRUCTION
III ttileg 4110"; INDIA LIMITED 7-82-0003 Rev. 0
GON of Intim undertaking)
PERSONNEL AND PENALTY FOR THEIR
NON-MOBILIZATION Page 3 of 5

CONTENTS

1. QUALIFICATION & EXPERIENCE (POST QUALIFICATION) 4

2. PENALTY FOR NON - MOBILIZATION OF KEY CONSTRUCTION PERSONNEL 5

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved


QUALIFICATION & EXPERIENCE STANDARD No.
0-11aeleiffAH ENGINEERS
-
REQUIREMENT OF KEY CONSTRUCTION
Et5leg 1410 INDIA LIMITED 7-82-0003 Rev. 0
(A Govt of India Undertaking)
PERSONNEL AND PENALTY FOR THEIR
NON-MOBILIZATION Page 4 of 5

1. QUALIFICATION & EXPERIENCE (POST QUALIFICATION)

CATEGORY QUALIFICATION & EXPERIENCE (POST QUALIFICATION) REQUIRED


Degree or Diploma in Engineering with minimum following relevant experience in
construction:
Resident Construction
Manager/ Resident Contract value (Rs) --• < 5 Cr. works 5-20 Cr. works > 20 Cr. works
Engineer/Site-In-Charge
Degree holders 5 yrs 10 yrs 15 yrs
Diploma holders 8 yrs 13 yrs 20 yrs
Degree or Diploma in relevant Engineering discipline with following minimum experience in
Construction:
Lead Discipline Engineer
(Mechanical, Civil, Electrical, Contract value (Rs) • < 20 Cr. works > 20 Cr. works
Instrumentation) Degree holders 5 yrs 10 yrs

Diploma holders 8 yrs 13 yrs


Degree or Diploma in Mechanical Engineering/ Metallurgy with the following experience in
Welding & NDT (Non Destructive Testing) and possessing valid Level-II certificate in the
relevant NDT methodology (RT/UT)
Lead Welding/
Contract value (Rs) • < 20 Cr. Works > 20 Cr. Works
NDT Engineer
Degree holders 5 yrs 10 yrs
Diploma holders 8 yrs 13 yrs
Degree in Engineering with following experience (refer Note also):
Contract value (Rs) lo < 20 Cr. Works > 20 Cr. Works
Lead QA/QC Engineer
5 yrs of construction 10 yrs of construction
Experience experience of which 2 years in experience of which 3 years
QA/QC in QA/QC.
Degree in Engineering with following experience in Planning & Scheduling:

Lead Planning Engineer Contract value (Rs) < 20 Cr. works


_ > 20 Cr. works

Experience 5 yrs. 8 yrs.

Safety Officer/ Supervisor As per specification for HSE Management at construction sites enclosed elsewhere in the bid.

Diploma in Engineering or Diploma in Materials Management or Graduate in any stream with


min. following experience in Warehousing/ Stores Management:
Warehouse- In- Charge/
Materials Manager Contract value (Rs) < 20 Cr. works
_ > 20 Cr. works

Experience 5 yrs. 10 yrs.


Degree or Diploma in Engineering with minimum following experience in quantity
estimation, field measuremen , rate analysis, bill preparation etc. in Construction field:

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)

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved


QUALIFICATION & EXPERIENCE STANDARD No.
1f kit ENGINEERS REQUIREMENT OF KEY CONSTRUCTION
Sift!' kiltift INDIA LIMITED 7-82-0003 Rev. 0
1.1P,1 eircnie ANOITA) (A Govt of lode Undertaking)
PERSONNEL AND PENALTY FOR THEIR
NON-MOBILIZATION Page 5 of 5

Notes: (for Table on previous page)

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.

2. PENALTY FOR NON - MOBILIZATION OF KEY CONSTRUCTION PERSONNEL

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. 5000/- for Resident Construction Manager/ Resident Engineer/ Site-in-Charge;

- Rs. 3000/- for Lead QA/QC Engineer, Lead Planning Engineer, Warehouse In-charge Lead
Discipline Engineer, Lead Welding/ NDT Engineer and the Quantity Surveyor

- Safety Officer (As per HSE Specification)

Notes: (for Penalty clauses)


a) All intervening off days (Sundays etc.) and holidays will be counted for levy of penalty
b) Mobilised personnel shall not be demobilised till contractual completion or based on consent
of Engineer-in-Charge else penalties as above shall be applied.
c) Total of above penalties shall not exceed 3% of the contract value.
d) The above penalties are over & above all other contractual provisions with respect to
penalties.

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved


ANNEXURE TO
SCC
Guru Gobind Singh Polymer
Addition Project
-----------------------------------------------------------------------------------------------------------------

QUALITY MANAGEMENT SYSTEM

[ANNEXURE –VII TO SPECIAL CONDITIONS OF CONTRACT]

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

64)(11 Chrlf qui ciall -51-04ff


u tea aliikrrat t ?drift'

SPECIFICATION FOR QUALITY


MANAGEMENT SYSTEM
REQUIREMENTS FROM BIDDERS

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.

INDIA LIMITED SYSTEM 6-78-0001 Rev. 1


lft2 (AG'"ind'Undelt6ung) REQUIREMENTS FROM BIDDERS Page 2 of 7

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

QMS Standards Committee

Convener: Mr. M.P. Jain

Members: Mr. A.K. Chaudhary (Insp.)


Mr. S.K. Kaul (C&P)
Mr. R.K. Trivedi (Engg.)
Mr. Ravindra Kumar (Const.)
Mr. Tilak Raj (Projects)
Mr. Vinod Kumar (CQA)

Copyright EIL — All rights reserved


Format No. 8-00-0001-F1 Rev. 0
ENGINEERS SPECIFICATION FOR QUALITY STANDARD SPECIFICATION No.
Igar llks INDIA LIMITED SYSTEM 6-78-0001 Rev.
Oiren
'A
Govt
At ' nth' Und"k"V) REQUIREMENTS FROM BIDDERS Page 3 of 7

CONTENTS

Clause Title Page


No.
1.0 SCOPE 4
2.0 DEFINITIONS 4
3.0 REFERENCE DOCUMENTS 4
4.0 QUALITY MANAGEMENT SYSTEM — GENERAL 4
5.0 QUALITY SYSTEM REQUIREMENTS 4
6.0 AUDITS 7
7.0 DOCUMENTATION REQUIREMENTS 7

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved


el ENGINEERS SPECIFICATION FOR QUALITY STANDARD SPECIFICATION No.
$1g-zg faReg INDIA LIMITED MANAGEMENT SYSTEM 6-78-0001 Rev. 1
own 120.2 .I J40.9) IA GOVt of India Undertaking) REQUIREMENTS FROM BIDDERS Page 4 of 7

1.0 SCOPE

This specification establishes the Quality Management System requirements to be


met by BIDDER for following purpose:

• QMS requirements to be met by suppliers/contractors after award of work/


during contract execution.

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.

2.2 Project Quality Plan

Document tailored from Standard Quality Management System Manual of BIDDER,


specifying how the quality requirements of the project will be met.

2.3 Owner

Owner means the owner of the project for which services / products are being
purchased and includes their representatives, successors and assignees.

3.0 REFERENCE DOCUMENTS



6-78-0002 Specification for Documentation Requirements from
Contractors
6-78-0003 Specification for Documentation Requirements from Suppliers

4.0 QUALITY MANAGEMENT SYSTEM — GENERAL

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.

5.0 QUALITY SYSTEM REQUIREMENTS


5.1 BIDDER shall prepare and submit for review / record, Project Quality Plan / Quality
Assurance Plan for contracted scope / job. The BIDDER'S Quality Plan shall
address all of the applicable elements of ISO 9001, identify responsible parties
within BIDDER'S organization, for the implementation / control of each area,
reference the applicable procedures used to control / assure each area, and verify
the documents produced for each area. The Project Quality Plan shall necessarily
define control or make reference to the relevant procedures, for design and
engineering, purchase, documentation, record control, bid evaluation, inspection,
production/manufacturing, preservation, packaging and storage, quality control at

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved
ENGINEERS SPECIFICATION FOR QUALITY STANDARD SPECIFICATION No.

INDIA LIMITED MANAGEMENT SYSTEM 6-78-0001 Rev. 1


(A Gavt of India undertaking' REQUIREMENTS FROM BIDDERS Page 5 of 7

construction site, pre-commissioning, commissioning and handing over (as


applicable) in line with contract requirement and scope of work.

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.

5.5 Requirements for sub-contracting / purchasing of services specified in contract /


tender shall be adhered to. In general all outsourced items will be from approved
vendors of EIL. Wherever requirements are not specified, or approved sub vendors
do not exist, the sub-contractor shall establish and maintain a system for purchasing
/ sub-contracting to ensure that purchased product / service conforms to specified
requirements. Criteria for selection of sub-contractor, evaluation, re-evaluation,
maintenance of purchasing data and verification of purchased product (sub-
contractor services), constitute important components of this requirement.

5.6 BIDDER shall plan and carry production and service provision under controlled
conditions. Controlled conditions shall include, as applicable

the availability of information that describes the characteristics of the product


the availability of work instructions
the use of suitable equipment
the availability and use of monitoring and measuring devices
the implementation of monitoring and measurement
the implementation of release, delivery and post-delivery activities

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.

lge.ji id5fez INDIA LIMITED MANAGEMENT SYSTEM 6-78-0001 Rev. 1


Oren erRRIZ .71.1.113,70 IA Govt of India undettaking) REQUIREMENTS FROM BIDDERS Page 6 of 7

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

5.15 All non-conformities (NCs) / deficiencies found by the BIDDER'S inspection /


surveillance staff shall be duly recorded, including their disposal action shall be
recorded and resolved suitably. Effective corrective and preventive action shall be
implemented by the BIDDER so that similar NCs including deficiencies do not recur.

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.

5.18 BIDDER shall have documented procedure for control of documents.

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.

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL—All rights reserved


ENGINEERS SPECIFICATION FOR QUALITY STANDARD SPECIFICATION No.


ei MANAGEMENT SYSTEM
IftJr
kif51ft. INDIA LIMITED 6-78-0001 Rev. 1
wirer riraxem3Tmil (A Goof of India UndertakIngi
REQUIREMENTS FROM BIDDERS Page 7 of 7

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.

7.0 DOCUMENTATION REQUIREMENTS

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

In addition to above QMS documents, following documentation shall be maintained


by the BIDDER for submission to EIL / Owner on demand at any point of time during
execution of the project.

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

Documents as specified above are minimum requirements. BIDDER shall submit


any other document/data required for completion of the job as per EIL/Owner
instructions.

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL—All rights reserved


ANNEXURE TO
SCC
Guru Gobind Singh Polymer
Addition Project
-----------------------------------------------------------------------------------------------------------------

DOCUMENTATION REQUIREMENT FROM CONTRACTOR

[ANNEXURE -X TO SPECIAL CONDITIONS OF CONTRACT]

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

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved


SPECIFICATION FOR STANDARD SPECIFICATION
k311 ei ENGINEERS DOCUMENTATION No.
51g-a 015teg INDIA LIMITED 6-78-0002 Rev. 1
1.1FA 2IETIN

IA Govt of India undertaking) REQUIREMENTS FROM
CONTRACTORS Page 2 of 8

Abbreviations:

DCI - Document Control Index


eDMS - Electronic Document Management System
FOA - Fax of Acceptance
HOD - Head of Division / Department
IC - Inspection Certificate
IRN - Inspection Release Note
ITP - Inspection and Test Plan
LOA - Letter of Acceptance
MOU - Memorandum of Understanding
QMS - Quality Management System
URL - Universal Resource Locator

QMS Standards Committee

Convener: Mr. M.P. Jain

Members: Mr. A.K. Chaudhary (Insp.)


Mr. S.K. Kaul (C&P)
Mr. R.K. Trivedi (Engg.)
Mr. Ravindra Kumar (Const.)
Mr. Tilak Raj (Projects)
Mr. Vinod Kumar (CQA)


Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved

SPECIFICATION FOR STANDARD SPECIFICATION


adaelei m,4 ENGINEERS DOCUMENTATION No.
$1fgar 051ft INDIA UMITED
Merl evensmaR3sTWIl (A Govt of India UndertakIng) REQUIREMENTS FROM 6-78-0002 Rev. 1
CONTRACTORS Page 3 of 8

CONTENTS

Clause Title Page


No.
1.0 SCOPE 4
2.0 DEFINITIONS 4
3.0 REFERENCE DOCUMENTS 4
4.0 DOCUMENTATION REQUIREMENTS 4

Attachments

Format for completeness of Final Documentation Format No. 3-78-0004

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved


SPECIFICATION FOR STANDARD SPECIFICATION
k391-4elei TEED ENGINERS DOCUMENTATION No.
INDIA EL IMITED 6-78-0002 Rev. 1
lit15reg, IA Govt al India Undertaking) REQUIREMENTS FROM
CONTRACTORS Page 4 of 8

1.0 SCOPE

This specification establishes the Documentation Requirements from Contractors

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.

3.0 REFERENCE DOCUMENTS

6-78-0001 Specification for Quality Management System Requirements


from Bidders

4.0 DOCUMENTATION REQUIREMENTS

4.1 Documents/Data to be submitted by the Contractor

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.

4.1.3 Unless otherwise specified, submission of documents for Review/Records shall


commence as follows from the date of Fax of Intent / Letter of Intent/ Fax of
Acceptance (FOA)/ Letter of Acceptance (LOA):

QMS - 1week
Drawing/Document Control Index - 2weeks
Other Documents/Drawings - As per approved Drawing/Document Control
Index/Schedule

4.1.4 Documents as specified in Tender/Contract are minimum requirements. Contractor


shall submit any other document/data required for completion of the job as per
EIL/Owner instructions.

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL—All rights reserved
SPECIFICATION FOR STANDARD SPECIFICATION
ei ENGINEERS No.
acs INDIA LIMITED
IA Govt of India Undertaking)
DOCUMENTATION
REQUIREMENTS FROM 6-78-0002 Rev. 1
CONTRACTORS Page 5 of 8

4.2 Style and Formatting

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

4.3 Review and Approval of Documents by Contractor

4.3.1 The Drawing/Documents shall be reviewed, checked, approved and duly


signed/stamped by contractor before submission. Revision number shall be changed
during submission of the revised contractor documents and all revisions shall be
highlighted by clouds. Whenever the contractor require any sub- contractor drawings
to be reviewed by EIL, the same shall be submitted by the contractor after duly
reviewed, approved and stamped by the contractor. Direct submission of sub-
contractor's drawings without contractor's approval shall not be entertained.

4.4 Document Category

4.4.1 Review Category

Following review codes shall be used for review of contractor Drawings/Documents:

Review Code 1 No comments. Proceed with manufacture/


fabrication/ Construction as per the document.
Review Code 2 Proceed with manufacture/ fabrication/
Construction as per commented document.
Revised document required
Review Code 3 Document does not conform to basic
requirements as marked. Resubmit for review
R Document is retained for Records. Proceed with
manufacture/ fabrication
V Void

4.5 Methodology for Submission of Documents to EIL/Owner

4.5.1 Document Control Index (DCI)


Contractor shall create and submit Document Control Index (DCI) for review based on
PO/PR/MR along with schedule date of submission of each drawing/document on EIL
eDMS. The DCI shall be specific with regard to drawing/document no. and the exact
title. Proper sequencing of the drawings/documents should be ensured in schedule
date of submission.


Format No. 8-00-0001-F1 Rev. 0 Copyright EIL—All rights reserved

SPECIFICATION FOR STANDARD SPECIFICATION


ENGINEERS DOCUMENTATION No.
INDIA LIMITED 6-78-0002 Rev. 1
tra /A Govt of India Undertaking) REQUIREMENTS FROM
CONTRACTORS Page 6 of 8

4.5.2 Submission of Drawings/Documents


Drawings/documents and data shall be uploaded on the EIL eDMS Portal. The detail
guidelines for uploading documents on EIL eDMS Portal are available on following
URL
http://edocx.ei Lco. i n/vporta I

4.5.3 Statutory Approvals


Wherever approval by any statutory body is required to be taken by Contractor, the
Contractor shall submit copy of approval by the authority to EIL.
4.5.4 Details of Contact Persons of Contractor
After placement of order contractor shall assign a Project Manager for that order. The
details are to be filled online through the portal. The details include e-mail address,
mailing address, telephone nos., fax nos. and name of Project Manager. All the system
generated emails pertaining to that order shall be sent to the assigned Project
Manager.
4.5.5 Schedule and Progress Reporting
Contractor shall submit monthly progress report and updated procurement,
engineering and manufacturing status (schedule vs. actual) every month. First report
shall be submitted within 2 weeks from FOA/LOA. In case of exigencies, EIL/Owner
can ask for report submission as required on weekly/fortnightly/adhoc basis depending
upon supply status and contractor shall furnish such reports promptly without any price
implication. Format for progress report shall be submitted by the contractor during
kick off meeting or within one week of receiving FOA/LOA, whichever is earlier.

4.5.6 Quality Assurance Plan/Inspection and Test Plan


Inspection and test plans attached if any, to the tender are generic and indicative only.
Immediately after receipt of the order, contractor shall submit within one week of
receiving FOA/LOA, job specific ITPs based on the indicative ITPs. Further, contractor
shall also submit Quality Assurance Plan for project activities in the scope of contract,
starting from manufacturing to handing over/ commissioning, these plans shall
cover/identify the activities, relevant procedure, if any, code of conformance,
resources for performance and checking/monitoring, approval requirements and
authority, records to be generated and audit scope by EIL/Owner.
For EPCC/LSTK/Package contracts, the contractor shall prepare a list of items/
equipments and their inspection categorization plans for all items included in the scope
of supply immediately after receipt of order and obtain approval for the same from EIL.
The items shall be categorized into different categories depending upon their criticality
for the scope of inspection of TPIA and/or EIL.

4.5.7 Inspection Release Note (IRN)/ Inspection Certificate (IC)


Contractor shall ensure that all documents viz. documents reviewed, manufacture's
test certificate etc., mentioned in Inspection Release Note(IRN), issued by EIL/third
party against the materials supplied by contractor., are sent to EIL along with the IRN.
IRN/ IC shall be issued by EIL Inspector/ third party inspection agency only after all
the drawings/documents as per DCI are submitted and are accepted under review
code-1 & code R. Material/Equipments dispatch from contractor's/sub vender's works
shall not commence till above condition is met.
Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved
SPECIFICATION FOR STANDARD SPECIFICATION
ENGINEERS DOCUMENTATION No.
Ogof IOM 0,1.I
INDIA LIMITED
(A Govt W Indio Undertalung) REQUIREMENTS FROM 6-78-0002 Rev. 1
CONTRACTORS Page 7 of 8

Note: Non fulfilling above requirement shall result into appropriate penalty or with-
holding of payment as per conditions of Tender/Contract.

4.6 Final Documentation


4.6.1 As built Drawings
Shop/Site changes made by contractor after approval of drawings under 'Code 1' by
EIL and deviations granted through online system , if any, shall be marked in hard
copies of drawings which shall then be stamped 'As-built' by the contractor. These
'As-built' drawings shall be reviewed and stamped by EIL Inspector/Site
engineer/TPIA also. Format for completeness of final documents (Format No. 3-78-
0004) is attached with this specification. Contractor shall prepare scanned images
files of all marked — up 'As — built' drawings. Simultaneously contractor shall
incorporate the shop/site changes in the native soft files of the drawings also.
4.6.2 As built Final Documents
As built final documents shall be submitted as listed in Tender/Contract.
4.6.3 Packing/Presentation of Final Documents

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.

4.6.4 Submission of Soft copies


Contractor shall submit to EIL, the scanned images files as well as the native files of
drawings/documents, along with proper index.
In addition to hard copies, contractor shall submit electronic file (CD-ROM) covering
soft copies of all the final drawings and documents, all text documents prepared on
computer, scanned images of all important documents (not available as soft files), all
relevant catalogues, manuals available as soft files (editable copies of drawings/text
documents, while for catalogues/manuals/proprietary information and data PDF files
can be furnished).
All the above documents shall also be uploaded on the EIL eDMS portal.


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

4.6.5 Completeness of Final Documentation


Contractor shall get the completeness of final documentation verified by EIL/TPIA and
attach the Format for Completeness of Final Documentation (Format No. 3-78-0004)
duly signed by EIL or TPIA as applicable to the document folder.

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved



COMPLETENESS OF FINAL
fEr) ENGINEERS DOCUMENTATION
$afg7:11 tel5leg
Men eRali• 4,30.0
INDIA LIMITED
(A Gort of hula Undertakog)

COMPLETENESS OF FINAL DOCUMENTATION

Name of Supplier/Contractor
Customer
Project
EIL's Job No.
Purchase Order No./
Contract No.

Purchase Requisition No./


Tender No. Rev. No. :

Name of the Work/


Equipment

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
-----------------------------------------------------------------------------------------------------------------

SPECIFICATIONS ON HEALTH, SAFETY AND ENVIRONMENT


(HSE) MANAGEMENT

[ANNEXURE -XII TO SPECIAL CONDITIONS OF CONTRACT]

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®
HMEL
HPCL·Mittal Energy Limited
HPCL·Mittal Pipelines Limited

Guru Gobind Singh Refinery, Bathinda


Mundra - Bathinda Pipeline

Safety Rules, Regulations & Minimum Requirements for


Contractors

9111·000·HSE·006·00007 ·Rev·2

Issued for Ian Thorpe Martin Hawkins


02 24-May-17 IFI
Implementation Prabhash Kamboj (VP -H&S) Chief Operating Officer
(AM- Health & Safety)
Issued for John Paul Evans Ian Thorpe Martin Hawkins
01 17-Dec-13 IFI
Implementation AGM Fire & Safety (VP HSE) Chief Operating Officer

Issued for John Paul Evans Ian Thorpe Moiz Tankiwala


00 10-Apr-12 IFI
Implementation (H&S Manager) (VP HSE) Chief Operating Officer

REV DATE STATUS REVISION LIST PREPARED CHECKED APPROVED

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.

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HPCL·Mittal Energy Ltd. I HPCL·Mittal Pipelines Ltd .
.,~ Safety Rules, Regulations &Minimum Requirements for Contractors
9111·000·HSE·OO6·00007
Issue Date
Next Review
24-05-2017
23'()5-2020
HMEL Page 2 0147

REV DATE REV DETAILS

00 10-Apr-12 Issued for implementation

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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Sr. No. Table of Contents Page No.


1.0 Purpose 4
2.0 Scope 4
3.0 HMEL Health and Safety·lncident and Injury Free (IIF) Requirement 4
4.0 Health, Safety & Environmental Management System 5
4.1 Policy and Strategic Objectives 6
4.2 Company Health, Safety, Environment & Quality (HSEQ) Policy 6
4.3 Contractors Health & Safety Plan 7
4.4 Leadership and commitment 8
4.5 Training & Competence 8
4.6 H&S Procedures and Documentation 10
4.7 Safety Audits & Inspection 11
4.8 Tools & Equipment 13
4.9 Incident Reporting & Investigation 13
4.10 H&S Implementation and Performance Monitoring 15
5.0 Health Management System 15
5.1 Occupational Health 15
5.2 First Aid and Medical Facilities 16
5.3 Pest Control , 17
5.4 Health Promotion 17
6.0 Labour Laws 18

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)

This document is applicable to all HMEL and HMPL sites.

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.

4.0 Health, Safety & Environmental Management System


Contractor shall have an effective H&S management system compatible with HMELlHMPL
requirements and in line with the principles of the OHSAS 18001 international standard for H&S
management system, Contractor must also meet the requirements of applicable Oil Industry Safety
Directorate (OISD) guidelines for H&S management systems (0ISD-192- Safety practices during
construction, 206- Guide line on safety management system in petroleum industry, 207- Contractor
Safety),
The H&S management system shall require that the Contractor:
a) Has an H&S Policy and supporting programs, procedures and standards in place
b) Manages its activities in alignment with Company H&S policy
c) Complies with applicable laws and contract H&S requirements
d) Identifies the hazards associated with the work
e) Identifies security risks associated with the work areas
n Implements appropriate procedures and controls to minimise any potential adverse H&S effects
g) Sets H&S objectives and targets and measures, records, appraises and reports its H&S performance,
Contractor shall notify HMELlHMPL safety department through Engineer In-charge for any areas of
misalignment, or conflicting requirements, between Contractor and HMELlHMPL H&S policies,

Contractor's H&S Management System shall include the following elements:


a) Leadership and Commitment
b) Training & Competence
c) Procedures & Documentation
d) Audit & Inspections
e) Tools & equipment
n Accident / Incidents

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4.1 Policy and Strategic Objectives


Contractor shall ensure that its H&S Management System, its H&S policy and its Project H&S Plan
are compatible with HMELlHMPL's H&S policy and objectives.
HMELlHMPL operates a weapons, alcohol and drug free policy at all work areas. Contractor shall
comply and ensure that Contractor's and Subcontractor's personnel comply with HMELlHMPL's
requirements in this respect.
Contractor shall ensure that its H&S policy and H&S Plan are available at all work areas to all
HMELlHMPL's personnel and Contractor's personnel, also to be available in English and other
language as appropriate to ensure it is understood by all and shall ensure that all Contractor's
personnel comply with the requirements of both the H&S Policy and the H&S Plan.
Contractor shall ensure that all its policy statements covering aspects of the work are signed and
dated by the Chief Executive.

4.2 Company Health, Safety, Environmental & Quality (HSEQ) Policy


Contractor shall comply with the HMEL HSEQ Policy (ref. Appendices A of this document) and the
guidelines and requirements given in this document. Company's objectives can be summarized as:
• Zero Fatalities
• Zero Lost Time Injuries
• Zero Medical Treatment cases
• Zero environmental non·compliances
• Zero Fires
• Zero loss of containment of hazardous substances

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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4.3 Contractor Health &Safety Plan


Contractor shall develop a Health, Safety, Environment & Quality (HSEQ) Plan that addresses the
H&S risks specific to the natur~ of work undertaken and puts in place the management of controls to
eliminate or mitigate the risks to an acceptable level.
Contractor shall finalize a project/work-specific H&S Plants considering all aspect of work. This shall
include a plan of all the different stages in the work, which includes number of workers involved and
ensuring safety at each work stage. Any subcontractors or hired equipment requirement should be
identified and details should be provided to manage the subcontractor work which should be in line
with H&S plan.
The H&S plan, duly signed by RCM of the contractor, shall be submitted to HMEL in adequate time
for review and approval by HMEL prior to commencement of work at site. Work at site will only be able
to commence once the plan has been reviewed and approved by the HMEL Engineer In charge and
Health & Safety manager.
If required the contractor shall update the plants throughout all phases of the work. Subsequent
updates shall also be approved by HMEL Engineer In charge and Health & Safety manager.
The H&S Plan shall address the minimum requirements set out in this document, and demonstrate:
a) How the Contractor will undertake H&S management tasks and responsibilities
b) How an effective and coherent H&S Management System will be implemented for the Work, and how
this will be communicated to all personnel at all levels (including subcontractor and supplier personnel)
c) That the Contractor's H&S Management System is in accordance with the HMEL's H&S Management
System
d) The means by which hazards affecting personnel, assets and the environment will be identified and
assessed, and how the risks associated with these hazards will be managed throughout all of the work
phases in which the Contractor is involved including survey work, fabrication and construction , pre-
commissioning and commissioning and start-up.
e) That incident response and recovery measures will be in place as required for all work phases, and
how these measures will be executed and maintained in readiness.
D The means by which hazards affecting personnel, assets and the environment during the
commissioning, operation, maintenance and de-commissioning of the facility will be identified and
assessed and how measures to manage the risks associated with these hazards will be incorporated
into the design of the facilities, system operating guides, maintenance manuals, etc. as applicable.
g) How risks will be evaluated and how it will be demonstrated that measures have been taken to mitigate
risks to a level that is 'As Low As Reasonably Practicable' (ALARP) for the work and for the operation
of the facilities.
h) That a program of formal hazards and effects assessments (formal safety assessment) will be
implemented. Contractor H&S Plan shall identify and schedule all assessments that will be performed
throughout the work
i) Describe the full system of plans and procedures that will be implemented to promote safe and
environmentally ~esponsible work practices during all phases of the work.
j) Describe key performance indicators used to measure H&S performance and how H&S performance
will be measured and reported to the HMEL.
k) Implement scheme for rewarding good safety behavior by issuing, tokens, mementos, monetary
incentives to motivation & encourage all employees to strive for excellence and achieve an incident &
injury free work place.
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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.

4.4 Leadership and Commitment


Contractor's management shall demonstrate leadership and commitment through actively
participating in all aspects of H&S, supporting open dialogue and by allocating sufficient resources to
fulfill their obligations to H&S requirements. They shall set clear goals, objectives and targets and
ensure that performance is evaluated against them.
It is HMELlHMPL policy to protect the health and safety of its employees, to minimize the risk to the
public from its operations and to protect the natural environment. Contractor shall ensure that all
Contractor's personnel are briefed in, understand, and strictly adhere to the company policies and
directives on health, safety and the environment as included in this document.
Contractor's management shall ensure that H&S responsibilities, authorities, accountabilities and
competencies are clearly defined, documented, communicated and exercised at all levels. As a
minimum this must include the roles & responsibility of RCMs/ Site In charges, Safety Staff, Store
keeper, HR representative, Engineers & Supervisor.
There should be qualified and suitably experienced Safety Officer at site who should ensure safe work
practices and ensure it is implemented at work places.
The roles & responsibility of RCMs/ Site lncharge, Safety Officer & Store keeper defined in Appendix
C.
The same rules are applicable for the subcontractors.

4.5 Training & Competence


Contractor shall provide sufficient trained, competent manpower and supervision in his organization
with clear responsibilities and reporting structure to ensure that H&S performance is not compromised.
Contractor shall provide specialist H&S advice and supervision and respond to H&S issues when
required . Contractor shall:
a) Provide adequate numbers of H&S Supervisors/Officers at work site. As a minimum one HSE
supervisor/officer at work location in a ratio of 50:1 .
b) Formally demonstrate the level of competence of all H&S Supervisors, HSE Officers. Ensure that H&S
Supervisors, engineers are made available at least seven days prior to mobilisation of work, in order
that they can receive induction of HMEL's expectations for H&S performance.
H&S Managers, engineers and supervisors shall be subject to company approval via submitted
resumes of qualifications and experience.
All H&S staff shall have formal safety/engineering education, appropriate certifications and
experience. They must understand, speak & write english language fluently .
HMEL reserves the right to interview H&S Managers, supervisors, engineers prior to commencing
mobilization and to request the replacement of persons not considered suitable for the role.

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H&S Competence Requirements


Contractor shall ensure that all personnel are:
a) Experienced, qualified, trained & having knowledge for the work they will be assigned at the site. This
should include both technical & supervising/management skills.
b) Medically, physically and mentally fit to carry out the duties to which they are assigned in respect of
the work, and be in possession of a medical fitness certificate as per 'Building & other construction
work (BOCW)Act1996,the BOCW Central Rule 1998 and The Factories Act 1948
c) All must undergo HMEL safety induction training prior to obtaining a gate pass.
d) All contract employees shall undergone unit hazard awareness training from operation prior to
engagement at site.
The contractor should be able to demonstrate that it has a system of assessing competence and
evaluating the performance of all its workers, including workers of subcontractors & same should be
outlined in the H&S plan for the project. The contactor should consider safe work as one of the most
prominent indicator in the evaluation criteria.
Contractor's management shall ensure that individual and team contributions to H&S performance are
recognized via regular reward & recognition ceremonies and considered during performance
appraisals.

Safety Induction and H&S Training


Contractor shall ensure that the workforce (including subcontractors) have the necessary job
knowledge, including relevant training to safely carry out the work. Contractor shall provide details of
the current standard of workforce and additional training requirements identified to meet contract
requirements.
Contractor shall develop a training plan which covers technical and managerial skills as well as safety
trainings for all personnel, including Contractor, subcontractor personnel, third parties and any other
authorized visitors prior to deployment at site.
A record of all H&S training shall be maintained by Contractor and available for inspection by
HMELlHMPL on request. All training (including any oral presentation, written presentation material,
video presentation) shall be conducted in the English language, or in a language more appropriate for
the audience.
Contractor should submit .monthly training plan to HMELlHMPL safety department who will make
random visit to verify the content & quality of the training .
The training requirements of the workforce shall be regularly reviewed with regard to the tasks that
they will be required to perform, and appropriate training shall be given and procedures generated in
a timely manner prior to commencing the tasks.
The minimum trainings which should be cover in the training plan are defined in Appendix- 0

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4.6 H&S Procedures and documentation


H&S Procedures
Contractor shall provide clear, concise & documented procedures to cover all its activities. These
should be accessable to all contractor's personnel and subcontractors in their working language. The
contents shall be related to individual job descriptions. A copy of each procedure shall be provided to
HMELlHMPL (in English) for review.
Contractor should have a documented risk assessment procedure and ensure risk assessment are
carried out for all its activities. This risk assessment procedure shall be suitable and sufficient to
appropriately assess the health, safety, security and environmental (including community/social) risks
involved. A copy shall be issued to HMELlHMPL for approval prior to conducting risk assessments.
Contractor shall provide awritten procedure for obtaining company's permission to deviate from H&S
policies and procedures. This will be available to all contractor's personnel and subcontractors in their
working language. A copy shall be provided to HMELlHMPL in English language.
Contractor shall ensure all the procedures provided are in line with the HMELlHMPL H&S rules &
requirement. Where appropriate the risk assessment should be based on a written statement and how
the task should be performed. The H&S procedures & their requirement for maintaining safe work
environment defined in Appendix-E .

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.

H&S Promotion and Awareness


Contractor shall establish a mechanism for communication and feedback of H&S issues and
performance among its staff and subcontractors on the work areas and to Company representatives.
Contractor shall establish an effective structure and schedule for H&S meetings involving all
Contractors' personnel assigned to the work to promote communication and involvement in H&S
matters. HMELlHMPL reserves the right to attend such meetings.
Contractor shall meet with all subcontractor representatives at least once fortnightly to discuss H&S
matters, concerns and trends. Schedule to be prepared in advance and communicate to HMEL-EIC
to attend such meetings.

4.7 Safety Audits and Inspection


Contractor shall establish a schedule for H&S audit / inspection and follow-up for its activities and
those of its Subcontractors, and provide a copy of the schedule to HMELlHMPL. As a minimum, the
schedule shall include weekly H&S inspections and monthly H&S audits of the Work Areas to ensure
compliance with the H&S Management System.
Contractor RCM/Site Incharge shall carry out audits / inspections in accordance with the schedule. As
a minimum one inspection of the work area in a week & findings of inspections and audits to be
documented and provide a report of the findings to concern HMELlHMPL Incharge.
Contractor site supervisor shall carry out H&S checks of their assigned work areas prior to
commencement of each work shift.
Contractor safety personnel to preform daily inspections of work areas and, any non-conformities
identified must be brought to the attention of work supervisor for action. A daily report to be produced
and submitted to the site in charge/RCM detailing all issues identifies and action taken till issues closed
out.
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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.

Housekeeping Standards &Waste Management


Contractor shall be responsible for all waste/scrap generated as a result of their activities, contractors
are to adopt a 'clean as you go' strategy, whereas all waste/scrap to be cleared from areas on an end
of shift/daily basis and kept in bins/skips, prior to removal. The contractor is wholly responsible for the
segregation, removal and disposal of all garbage/waste/scrap generated, ensuring minimal
environmental impact and in accordance to local legislation.
Contractor shall ensure that an adequate number of waste bins/receptacles are provided (at own cost)
at locations. Contractor shall actively discourage the disposal of garbage/litter/waste directly onto the
ground or surrounding areas. If any waste falls under the category of "hazardous waste", the contractor
must ensure that appropriate measures are defined, documented and implemented for the appropriate
handling, storing and disposal of said waste, as defined in "The Hazardous Waste (Management and
Handling) rules 2QOS.
All documentation regarding the disposal of Hazardous waste, including invoices for disposal must be
maintained and available at all times.

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4.8 Tools & equipment


All tools and equipment brought onto HMELlHMPL premises must be fit for purpose and in good
working order.
All contractors are required to list all tools and equipment that he requires to bring onto HMELlHMPL
premises, these will be inspected upon arrival at site and any tools or equipment that is rejected will
not be allowed to enter.
The Contractor should have a system for identification and checking of tools and equipment used at
site by self & sub-contractors and sufficient tools and equipment to be available for all type of work.
Standard & approved checklist to be used for all types of the vehicles i.e. crane, hydra, bolero, forklift,
pickup van etc.
All lifting tools & tackle must have third party inspection as per legal requirements. The servicing for
vehicles & equipment's must be carried out as per manufacturer's recommendations. The criteria and
requirement of lifting equipment & lifting plan defined in Appendix- F
Contractor shall ensure that all tools & tackles are inspected and colour coded as per HMELlHMPL
colour coding procedure as defined in Appendix E.
Contractors shall ensure that all safety equipment is maintained in safe working condition at all times
and comply with current regulations and, where appropriate, have valid certification . Contractor shall
keep appropriate inspection and maintenance schedule, records and test certificates, and make them
available for review by HMEL if required. Inspection schedule shall clearly identify inspection and test
frequency for critical items.
Safety Signs
Contractor shall ensure that all safety and warning signs utilized on Site comply with international
standards and are clearly understood. Pictograms shall be used, and consideration shall be given to
the need to provide any accompanying text in language/s that will be easily understood by the
workforce.

4.9 Incident Reporting and Investigation


Reporting of Incidents
Contractor shall ensure that all H&S incidents (including near misses) are openly reported,
investigated and analyzed. Contractor shall report all incidents involving injury to persons or loss of or
damage to equipment, fires, loss of containment and near miss arising from Contractor or
Subcontractor activities, in all work areas.
In case of any injury contractor shall immediately report the same to OHC along with injured person
for providing initial first aid & further guidance and shall be confirmed by completing an incident
notification form and submitting it to the HMELlHMPL representative by end of shift of the incident.
All incident reporting shall be in accordance with HMELlHMPL's Incident reporting, and investigation
procedure (9112-000-HSE-006-00033) and shall use the appropriate report forms. All incident reports
shall be sequentially numbered. The injuries/ incident classification defined in Appendix- G
Contractor shall maintain a target of at least one near miss reporting per person in a year.

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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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4.10 H&S Implementation and Performance Monitoring


Contractor shall establish an H&S performance monitoring program and provide a copy of the
monitoring program, and monthly performance reports to HMELlHMPL that provides the
implementation status of the H&S Plan and bridging / interface document, including pro-active H&S
activities.
Contractor shall encourage an incident & injury free culture within the workplace, where coworkers
taking care of each other & stop all unsafe action. Such issues shall be freely discussed with the
standard agenda items at all "toolbox" talks and at periodic H&S meetings.

Contractor shall implement an Incident and injury free culture (IIF) on site aiming at:

a) IIF orientation training for all workforce.


b) IIF supervisor skill training for all supervisors and above.
c) Systematically observing workforce compliance with the positively reinforcing through feedback and
coaching
d) Identifying, through root cause analysis, workforce action that impacts on H&S performance (with
reference to specific risks)
e) Producing numerical ratio of safe/unsafe behavior
n Analyzing and addressing any unsafe action trends and correcting system failures.
Contractor shall provide a copy of the H&S monitoring program, and regular reports to HMELlHMPL.
Contractor shall provide HMEL with copies of all correspondence received from or sent to any person
concerning H&S matters relating to Contractor and Subcontractor activities as part of the Work.
Contractor shall provide a monthly report to HMELlHMPL safety department after reviewed &
approved by EIC. The monthly reporting format is attached as Appendix- H. .

5.0 Health Management System


5.1 Occupational Health
Contractor shall establish an Octupation~1 Health Program appropriate for the Site conditions and
shall provide details to HMEL.
The program shall include health risk assessment and the implementation of control measures (e.g .
awareness campaigns, training, physical controls, procedural controls, PPE, vaccinations etc),
recovery procedures and monitoring programs for the following categories of health hazard as a
minimum:
a) Chemical hazards (inc!. solids, liquids, dusts, fumes and aerosols)
b) Noise exposure
c) Vibration exposure
d) Manual Handling
e) Ionising and non-ionising radiation exposure
n Heat stress
g) Lighting levels

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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. '

5.2 First Aid and Medical Facilities


Contractor shall provide adequate number of first aid boxes and trained, certificated first aiders at work
site who will be capable of providing emergency first aid treatment. Contractor is required to arrange
tie-up with local hospital for periodical medicals, treatment of injured persons or medical cases from
Site or labour Camp(s). These services shall be available to all employees at the Site, including those
of Subcontractors, and Third Parties, throughout the duration of the Work. Contractor shall inform
HMELlHMPL of tie-up detailing name, location and contact details of said hospital.
Contractor shall be aware that the level of health in the locality with diseases such as Malaria being
endemic. The medical services must factor in the high probability that the workforce will be affected
and establish effective control programs to ensure fitness for work and protect other workers.
Contractor shall ensure that the medical services are operational from the very beginning of Site work.
Contractor shall provide the following medical services:
a) Emergency response, prior to evacuation to HME/HMPL medical centre, where the Injured Party (IP)
can be stabilised before evacuation for further treatment if required .
b) Provide on-going training to staff both of a general first aid type and more extensive training to safety
and rescue teams on the Site.
HMELlHMPL shall provide one main medical facility at Site providing the following.
a) Outpatient section with consult room
b) Emergency room and minor surgery room area completely equipped with the appropriate medical
equipment required to stabilise an injured person and a minimum of two emergency beds.
c) Pharmacy/dispensary.
d) Sufficient ambulance vehicle(s) complete with the necessary mobile emergency equipment to respond
to cases across the Site and Construction Camps.
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e) Ancillary support services and communications


The medical facilities shall be staffed 24/7 with adequate and competent personnel including medical
doctor, and nurses with advanced trauma and life support training.
At least one trained nurse shall be on duty and a qualified medical practitioner shall be available during
the Site work hours.
Separate facilities for washing and emergency eye wash/chemical wash shall be provided. Locations
of these stations shall be indicated on the overall site plot plan.

5.3' Pest Control


Contractor shall adopt and maintain at all times good housekeeping standards to prevent the
accumulation/storage of food waste /garbage which could encourage pests. Contractor is responsible
for, and is to arrange for the removal and disposal of all waste material (food waste, garbage, debris)
in accordance with relevant laws, from the work site, and labour camps.
Contractor shall provide a pest control service with properly trained staff and sufficient equipment and
pesticides to carry out regular spraying, fogging, baiting of the work site and labour camps.
Contractor shall minimize, as far as practicable, creation of standing water bodies in which mosquitoes
or other disease carrying vectors could breed .
. Contractor shall prohibit the keeping of any animals as pets by the Workforce at site.

5.4 Health Promotion


Drugs and Alcohol
Under no circumstances shall drugs or alcohol be permitted in HMELlHMPL premises. Contractor
shall ensure that this is rigorously applied. Anyone found using drugs or drinking alcohol while on duty
or within the premises of HMELlHMPL shall not be allowed future access 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
Smoking
Smoking is strictly prohibited within any of HMELlHMPL premises.
Health Surveillance
Contractor shall arrange for the health assessment of Contractor and Subcontractor personnel. All
personnel shall be assessed at pre-employment according to statutory requirements, standards that
are in accord with the demands of the job to be undertaken. Continuous health surveillance of
employees shall continue throughout their employment at Site.

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6.0 Labour Laws


Compliance of all applicable local and national labour laws/legislation must be ensured.
Details of labour strength (number of persons) to be informed to HMELlHMPL with a copy of labour
license must be submitted to HMELlHMPL H.R department.

Contractors must ensure that;


a) A suitable and sufficient supply of portable water (RO) is available at all work locations.
b) . Toilets made available which are cleaned / serviced on daily basis as a minimum. These to be either
portable or connected to permanent sewage system.
c) Rest rooms provided are adequately ventilated.
d) Contractor has to provide neat & clean and hygienic food/canteen facilities for work force
e) Contractors who are required to establish labour camps must plan camp in such a way as to ensure
that all facilities provide are adequate for the number of persons proposed to occupy the same.
The specific guidelines for establishing the labour camp, canteen facilities & maintaining hygienic
condition mention in Appendix I.
Audits of the labour camp &canteens must be done on regular basis and retained audit documents
for reference.
HMELlHMPL reserve the right to audit any contractor labour camp &canteen or other welfare facility
at any time.

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APPENDIX A

HMEL HSEQ POLICY

~HME E

HEALTH, SAFETY, ENV IRONM ENTAL AND QUALITY ( HSEQ) POLICY

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.

W e are committed to:

./ 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-
~
Prabh Das - MD & CEO
th
19 September 201 S

HPCL-Mittal Energy Limited


Gorpornte Olr"", : INOX Towers. Piol No. 17. Sector I S-A. NOIOA·201301 (U.P.) INDIA; Tel: '9 1 120 .634500; Fax: +9 1 120 .271 940; Webs~e : www.hmeUn
Regd . Oltice: Vil lage Phulol<hari . Taluka Talwandi Sal:<>o. Balhinda. Punjab- 151 30 1; GIN: U 232 0IPB2000PLG02~126

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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: -

S.No Site HSE norms Violation Penalty Amount


A, Failure to provide or use mandatory personal protective equipment (PPE)-
Helmet, Safety shoes, gloves, Coverall, Glasses/Goggles as per standard
1 RS.1000/- per day/Item/ Person.
B, Failure of contractor to provide task specific PPE to work force when
required.
First time Rs.5,000/·
2 Working without valid HMEL Work PermiUClearance Second time Rs 10,000/-
Third time Rs 15,OOO/-and so on
Failure to comply with specific requirements of permit to work for following
activities :
A, Hot work
3 Rs.15,000/-
B, Confined space entry
C, LOTO

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)

Unsafe/improper storage & handling of compressed gas cylinders


1. No trolleY
2.Jubilee clips
6 RS.5000/-
3.Approved double stage gas regulators
4.Flash back arrestor at torch end and cylinder end.

Failure to provide/carry out :


A, hard barricading of excavated areas
B, Provide and maintain two means of access/egress.
C, site survey prior to commencing excavation
7 RS.5000 per occasion.
0, shoring/shuttering/proper slope or benching
E, minimum distance of 1.5 meters clear of any excavated material form edge
of excavation

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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Failure of contractor's site in charge to attend monthly safety meetings.


10 Rs.5,0001- per meeting.

Failure to maintain safety records by Contractor Safety personnel.


11 Rs.10,0001- per month.

12 Poor House Keeping Rs.5,0001- per occasion


13 Failure to maintain required standards in Labour colony Rs. 5,0001- per violation
Failure to report any accident 1incident! Fire/loss of containment! medical
14 treatment case
Rs.50,0001- per occasion

15 Any violation not covered above To be agreed by by VP H&S

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:-

Role & Responsibility of ReM/Site Incharge


a. RCM/site in charge should obey, respect & implement all rules & regulation of the HMELlHMPL which
are communicated from time to time.
b. RCM/Site in charge shall know about the SOPs, RA/JSA's & H&S procedures.
c. Shall have good safety awareness and demonstrate his involvement in safety.
d. Coordinate with their own corporate safety team / offsite management in improving safety standards
at work site.
e. Able to demonstrate continuous improvement in safety by organizing safety meeting, safety training
for their workmen.
f. RCM/Site Incharge shall be overall responsible for the activities carried out by his workers at the work
site.
g. Any safety deviations done by contract employees, the overall responsibility to comply with the
deviations & ensure that no further deviation will be repeat in future lies with the site Incharge.
Necessary arrangement to be done to prevent safety deviations in future.
h. Shall carryout safety inspection of work site not less than once a week & conduct audit on monthly
basis.
i. Shall deploy only trained & competent manpower for the job assigned to them.
j. Shall ensure that qualified & experienced safety officer/ safety supervisor is deployed at site as per
the workmen ratio 50:1 .
k. Shall arrange and provide the first aid facilities for all staff.
I. Regularly attend the safety meetings organized by HMELlHMPL & comply the action points of the
meetings.

Role &Responsibility of Safety Officer:


a. Safety Officer shall ensures that Site Safety & Health Plan is prepared and drive implementation of
the Plan & HSEQ Policy.
b. Safety officer shall develop the training matrix and plan as per the work executed by the contractor
c. Safety officer should ensure the training to all staff provided as per plan.
d. Safety Officer should monitor and assess the hazardous and unsafe situations and developing
measures to assure personnel safety.
e. Safety officer should document the hazard analysis process, hazard identification, exposure
assessment and controls through risk assessments and JSAs.
f. Shall visit the work site on daily basis & correct unsafe acts or conditions through the regular line of
authority and maintain the observation in a register.
g. Shall carry out H&S audits for the work site & condition of tools & tackles used.
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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.

Role & Responsibility of Store Keeper


a. Store keeper shall maintain record of all incoming & outgoing materials (PPE & other materials).
b. Ensure that all materials issued for use at site must be in good & healthy conditions & defective
material shall not be issued to work places.
c. Do inspection of tools, tackles & material for any defect & maintain record for the same on monthly
basis.
d. Ensure that all tools, tackles & material are colour coded as per HMELlHMPL colour coding procedure.
e. Inform the ReM/Site Incharge about the availability of stock & defects observed during inspection.
f. Shall tagged (Do not use) defective material & store separately from the reach of unauthorized person.
g. Ensure that defective materials shall be sent out from the premises within seven days of the
unhealthiness and maintain record of the same.
h. Shall stack all items in neat & clean condition and ensure proper housekeeping in the store.

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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.

Training undertaken shall include as a minimum:


a) Site safety r.ules and regulations
b) Incident & injury free orientation
c) Personal protective equipment (PPE) requirements
d) Environmental sensitivity and protection
e) Site entry rules and security aspects
D Safety and warning signs
g) Actions to be taken in the event of an emergency including emergency signals, evacuation
procedures, muster/assembly points, communications in an emergency and the procedure for calling
on the assistance of emergency response teams
h) Work Procedures / Permit-to-Work (PTW) system
i) Occupational health and medical facilities
j) Driver Training
k) Hazard Awareness and Incident / Near Miss Reporting.

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)
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h) Defensive driving & vehicle safety


i) Lifting safely (cranes, winches, pulley blocks, rigging)
j) Working over water (including swimming skills-as may be applicable to SPM location).

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.

Procedure on "Basic PPE requirements (9112-000-HSE-006-00011) describes the minimum


requirements for wearing and checking of basic PPE within the refinery site. It also gives the minimum
specification / design requirements for this equipment.

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Minimum Standard of PPE for all processing units and areas


The minimum standard of PPE required for all Refinery Units and areas is listed below.
• Safety helmet meets at least IS specifications (IS: 2925-1984) plus manufacturing date must be
stamped. (Metal and fiberglass helmets are prohibited) .
• Safety shoes or boots ( IS: 15298:2002 Part-2)
• Safety glasses/goggles (IS:5983-1978 , IS:9167-1979, EN 166)
• Boiler suit preferably made of Nomex or other Fire retardant material, (pure cotton as a minimum).
Boiler suits shall have built in reflective strips. Nylon or other synthetic fabrics are not allowed.
• Hand gloves ( IS standard) for use when working, must be carried by the person within plant areas
• Hearing protection for high noise areas (IS: 9167-1979)
• Personal Hydrogen Sulphide (H2S) monitor. (For H2S prone sections in a unit).
• Safety harnesses must comply with EN361 and have two lanyards which must be capable of limiting
a fall to two meters or less, with self-locking snap nooks.
• For all elevated work above two meters safety harness must be attached to a life line or structural that
is capable of supporting the person or persons.
• Use of Fire Blanket to arrest welding splatter: Specification of Firetex or equivalent CERA V3 M
Welder's Blanket with Temperature Limit: 1260° C to be used. The approved fire blanket is 3.2 mm to
3.5 thick.
• Contractor shall provide welding spectacles with protection level 3 to all the helpers working along
with the welders. This is to provide protection from UV & IR radiation in the welding flash .
• Contractor shall ensure that all PPE is worn properly at all times and is maintained in good condition
and within date. Contractor shall take appropriate disciplinary action against any personnel failing to
correctly use the appropriate PPE.

3. Permit·to·Work (PTW) System


HMELlHMPL operate a Permit to Work system, there are two types of permits that operate throughout
all HMELlHMPL locations,
• Cold Work Permit
• Hot Work Permit
The permit system also comprises of a number of check lists which need to be completed and attached
to the permit that has been requested/issued .
Contractors shall strictly adhere to the Permit to Work (PTW) procedure (9112-000-HSE-006-00004).
In conjunction with the PTW, HMELlHMPL have implemented a lock out/tag out tryout (LOTO TO)
procedure for specific high risk construction activities e.g. confined space/vessel entry, and for the
progressive commissioning of the Facility (in particular for powering up electrical panel boards and
circuits, both permanent and temporary) contractors shall, implement and comply wrth the same LOTO
TO system.
HMELlHMPL EIC will be the requester, and HMELlHMPL operations will be the Issuer of all permits.
Work cannot be started till a permit has been requested, all precautionary measures have been taken
and permit is issued for a particular task. Contractor personnel will supervise the task at all times

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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.

4. Hazard identification and Risk Assessment


Contractor shall be responsible for ensuring timely delivery of all risk assessments of its activities,
covered in the scope of work, in order to meet the work schedule, the HMEL H&S Plan and regulatory
requirements.
Contractor shall from the hazard assessment, identify risk reduction measures to prevent, control,
mitigate and recover, including work methods and work sites procedures, emergency response plans,
etc.
Contractor shall be responsible for the identification and assessment of risks associated with the
operation and maintenance of the facilities and shall incorporate risk reduction measures into the
design of the Facilities to manage the risk.
Contractor shall manage risks by the application of inherently safe design principles; preference shall
be given to prevention measures, then control measures and then mitigation and recovery measures.
Preference shall be given to design measures ahead of procedural measures to manage risk.

5. Hazardous Materials and Substances


Contractor shall submit a comprehensive list of all materials and substances to be used during the
Work and identify any potentially hazardous materials and substances to be used in Work Areas to
HMEL.
Contractor shall provide guidance information and Material safety Data Sheet (MSDS) regarding the
safe use, storage and disposal of all hazardous materials and substances.
Contractor shall take all measures to eliminate the use of toxic or corrosive substances that pose
hazard to personnel or the environment. Contractor shall ensure that the following materials will not
be used;
a) Products containing Polychlorinated Biphenyl (PCB)
b) Any material containing asbestos (including CAF gaskets)
c) Cadmium' plated bolts
d) CFCs / Halons.
In the event a hazardous substance is required, special and inclusive precautions shall be used to
eliminate risk of personnel exposure and emergency contingency plans shall be developed as
appropriate.
Contractor shall ensure that at all times hazardous materials and substances are suitably packaged ,
labeled, stored and have been assessed in accordance with "The Manufacture, Use, import, export &
storage of hazardous chemical Rules, 1989(amended 2000) requirements.
It is the responsibility of Contractor and Subcontractor to properly dispose of any hazardous substance
brought into Work Areas or generated during the Work in accordance with all Applicable Law and
international standards.

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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.

6.1 Working platforms


The preferred system for working at heights requires the use of fixed platforms with guardrails or
handrails fitted, and approved for use by a competent person, for personnel working at raised
elevations. Fixed platforms may include:

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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6.2 Fall arrest equipment


Where work at height must take place without a fixed working platform the work method must be
. agreed in advance with HMELlHMPL and fall arrest equipment shall be used at all times.
Devices to prevent falls shall be installed so as to restrain a person such that they are unable to reach
an unguarded edge over which they could fall. Devices include full body harness (safety belts are
prohibited), and secure anchorage.
Fall arrest equipment is designed to arrest a fall in such a way as to minimize the distance dropped
and to prevent high deceleration forces that could cause injury.
Harnesses, inertic;ll reels, lanyards and lifelines, shall not be used for purposes other than protection
of personnel.

6.3 Access to work at height


Safe means of access/egress must be provided to all work locations at height by such means as
aluminum ladders, ladder towers etc. The climbing of bracing / scaffolding or frames is strictly
prohibited.

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.
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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

EVEN YEAR JAN·JUN JUL·DEC '


!_ --~.1 -.-• • ;_- .-:.,:- -1...• ... : '., ,.:. -;.. " • • ~{. .... - . :1
COLOUR f ' .' ..• ''''. '. - " YELLOW
I ',.'.' - -', . . ' ." . '

ODD YEAR JAN·JUN JUL·DEC

COLOUR GREEN ORANGE

The list of equipment which covers under the colour coding procedure are described below: -

Electrical Lifting tools & Tackles Others


Grinding machine Web sling Portable Ladders
Welding machine Wire rope sling Full body harness
Hydro jetting machine Shackles Scaffolding Pipes
Portable Extension boards Jacks
Power distribution boards Chain pulley block, D-shackles
All portable hand held. Electrical EOTI Monorailsl Hoist installed in
equipment, e.g. drills, grinders etc. units
Electrical gardening tools, e.g. lawn Mobile Equipment's (crane, hydra,
mowers &hedge strimmer. man lifter, forklift etc.)

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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
routes.

9. Compressed gas cylinders


If compressed gas cylinders are to be used then the following must me complied with to ensure safe
operation for all, this commences from point and time of entry into the HMELlHMPL premise, till such
time cylinders exit the same.
a) All cylinders must be received with protective safety collar fitted, and cylinders not having the safety
collar must be rejected at point of delivery. .
b) Cylinders must be kept in vertical position and secured at all times, this includes transporting around
site. Rolling of cylinders is prohibited.
c) Cylinders to be stored in a well-ventilated shed, ideally location to be away from drains or buildings
containing persons and possible sources of ignition.
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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.

10. Confined Space activity


Confined space is defined as a location that is an enclosed or partially enclosed space that:
a) Is not primarily designed or intended for human occupancy
b) Has a restricted entrance or exit by way of location, size or means
c) Can represent a risk for the health and safety of anyone who enters, due to one or more of the following
factors:
• Confined spaces with restricted means of entry and exit and that have inadequate ventilation,
• Any excavations of a depth of 1,2 meters or above,
• Entry onto tank floating roof, when the roof is 3mtrs or more below from top of tank (As per OISD-
105)
Classification of Confined Spaces
Confined space· category·A
Inert entry is categorized as Type-A confined space, In work permit format this is covered under-
"Fresh air equipment in hazardous service",
Stand by person is must for this entry, He must be equipped with his safety gear, In addition an
attendant is also required at the entry point.
Confined space· category·B
This is a closed space but not an inert entry,
Tanks, floating roofs on tanks, drums, towers, reactors, vessels, silos, storage bins, hoppers, vaults,
vats, pits, compartments, filter housing, sewers, pipes, some crankcases, ducts, water tanks on top of
buildings, excavations exceeding 1,2mtr in depth in the plant areas and offsite areas,
Stand by person requirement to be reviewed while carrying out the JSA for the activity,
Confined space· category·C
Certain sp'aces meeting the OSHA definition of "confined space" exist within the refinery by virtue of
equipment of process design or layout. They are "confined spaces" either due to their limited access
or egress and are "not designed for continuous occupancy," These are:
• Tower Skirts
• Cooling Tower Cells
• Fin Fans-Plenum area,
• Open channels without HCs, e,g, excavations in non-plant areas (depth exceeding 1,2mtrs,),
For further information please refer procedure 9112·000·HSE·006·00039.

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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)

12. Vehicles, Mobile Equipment &Travel Safety


Contractor shall encourage safe driving habits. Contractor shall source suitable vehicles for the terrain
and for their intended purpose and shall take due account of safety features. Contractor shall only use
vehicles fitted with seat belts for driver and all passengers. All vehicles shall have reversing warning
lights and audible alarms.
Contractor shall ensure that all vehicles brought into a company premises must be in good condition
and will be subjected to checking at the entry gate. Only Diesel driven vehicles (compression ignition
engines) are allowed in area of hydrocarbons & must be fitted with CCOE approved spark arrester.
Contractor shall source suitable watercraft for transport to offshore locations and shall maintain them
in good working order and obtain all necessary certification for the vessels. Persons required to work
in offshore location or on and around water, must be provided with and wear at all times a life vest
(floatation device)
All light motor vehicle will follow the speed limit max 25km/hr. & heavy motor vehicle max 10 km/hr.
All vehicle drivers must record daily safety checklist as per HMEL norms. Vehicle should only carry
the number of people for which it was designed and all sets must have seat belts. For the main seats
a 3 part belt must.be used with auto retracting device to ensure proper fit, middle seats, 3rd row seats
and seats on buses may be of lap belt type.
All vehicles used should be the most suitable ones for the work being carried out and should comply
with all safety norms. Vehicles such as tractors will only be allowed in exceptional circumstances and
if allowed (by VP or higher) the tractor and any associated equipment should have full lighting,
including brake lights on trolleys with roll protection of driver.
On Bicycle only single person is allowed to ride.
All contractors providing vehicles should have a system of random dope test for drivers.

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13. Emergency Response &Preparedness


Contractor shall establish and implement an Emergency Response Plan and Emergency Response
Procedures related to the Work. Contractor shall consult with HMELlHMPL to ensure appropriate
interfaces withHMELlHMPL's requirements.
Contractor's Emergency Response Plan shall be part of the H&S Plan, or if implemented as a separate
document, then it shall be submitted to HMELlHMPL within thirty (30) days from the Effective Date of
contract. It shall detail provisions and procedures for proposed actions in the event of:
a) An incident involving serious injury or death to any person at Work Areas
b) A major incident involving third party equipment
c) Any release of chemicals, hydrocarbons or waste materials (except as part of planned disposal)
d) to the local environment
e) Serious illness, including that needing evacuation
D A security threat to the Work Areas
g) Outbreak of contagious disease within the Workforce

/
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.

Format No. 9111·000-PCT-007-00006 Rev-OO


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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:-

DESIGN SAFE WORKING LOAD MAXIMUM ALLOWABLE YEARS OF


(MAXIMUM CAPACITY) SERVICE FROM YEAR OF MANUFACTURE

100 Tons and below 10 years

above 100 Tons but below 300 Tons 15 years

350 Tons and above 20 - 25 years

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.

Daily &Pre·Operational Check

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.

Before leaving the crane, the operator shall ensure that:


• the load is removed and the hook(s) is (are) raised to the highest position,
• there is no risk of spurious move of the crane,
• the power supply is shut off,
• the windows and door of the cab are closed and locked.

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Pre Operating Checks


Before a crane is allowed to operate on any site, its certification must be reviewed·by the relevant
Supervisor. Records of tests and inspections must be available on the site.
At the beginning of each shift or prior to a lift the crane operator must carry out following safety checks:
• Check that all lifting tackle is correctly colour coded.
• Check hydraulic and coolant levels.
• Check that the audible alarms or signals or fail safe-interlocks are working for overload conditions.
• Check that the load/radius indicator is operating correctly.
• Check hydraulic actions, operating motions and braking system.
• Check the crane cabin to ensure that no materials that constitute a fire hazard are present. Ensure a
fire extinguisher is present.
• Check radio communications (if the operator and banks man are not in visual contact throughout the
complete lifting operation.)
• Before a lift is undertaken the crane operator must know the Safe Working Load (SWL).

Crane and Load Movements


• Loads must be lifted gently and the crane motions operated smoothly to avoid loads swinging.
• Steadying lines must be used where necessary or where the load presents a large wind catching area.
• No work will be allowed within 5 meters of electrical lines without a valid Permit to Work.
• When traversing a load across occupied offices/workshops these must be vacated .
• The swing radius (between outriggers) has to be barricaded.
• If the rope becomes slack on the drum, cross-coiled, or trapped , lifting operations must be suspended
until the rope is paid out, examined for possible damage and re-spooled correctly.

Safe Working Load and Maximum Working Radius


The Safe Working Loads (SWL) of the crane must not be exceeded except for the purpose of a test,
and then only by a qualified test engineer, conforming to the crane manufacturer's specifications and
recommendations.
The maximum working radius of a crane boom must never be exceeded with a load on the crane hook.
For further reference on Lifting & rigging operation refer document 9111·000·HSE·006·00008.

Format No. 9111-000-PCT -007 -00006 Rev-DO


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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
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# 10 Kg of HCl, HF, S02,


# 20 Kg of NH3, CO
# 50 Kg of flammable Gases, class A petroleum product, any other
liquid with flash point below 230C or other petroleum product
above its boiling point
# 100 Kg of class B petroleum product or other liquid with flash point
between 23 and 650C
# 200 Kg of any hazardous material not included above. This would
include releases of strong acids / bases and sudden releases of
steam or nitrogen
loss of containment below these limits should still be reported but would
count within the near miss category
A major lOPC is an unplanned or uncontrolled release of material, including
non-toxic and non-flammable materials, from a process which results in one
or more of the following consequences:-

• An employee, contractor or sub-contractor lost time injury or fatality


• Release of material from primary containment of greater than the
quantities given below:-
# 25 Kg of Chlorine, Hydrogen Sulphide,
loss of primary # 100 Kg of HCl, HF, S02,
containment of hazardous # 200 Kg of NH3, CO
substance - Major # 500 Kg of Flammable Gases, class A petroleum product, any
other liquid with flash point below 23 0C or other petroleum
product above its boiling point
# 1000 Kg of class B petroleum product or other liquid with flash
point between 23 and 650C
# 2000 Kg of any hazardous material not included above. This
would · include releases of strong acids / bases and sudden
releases of steam or nitrogen
Near miss - Occupational Any non-process related incident which does not result in an injury or other
Safety form of accident but which in other circumstances could have done so. This
also includes unsafe acts and unsafe conditions.

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-

Format No. 9111-000-PCT -007 -00006 Rev-OO


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i.e. relief devices, interlocks, UPS, F & G detectors


• Discovery of a defeated safety system-
i.e. process upset with interlock in bypass (outside the allowable
time limit stated in interlock bypass form / not properly
authenticated)
• Unsafe behavior during process operations such as
# Not following a required SOP / procedure
# Taking shortcuts
# Wrong operations of any equipment
# wrong operations of a valve/ valve in wrong position
Any unplanned fire not falling into major category.
These will typically be small fires put out quickly using hand held
extinguishers. Small incidents such as overheating electrical wiring · or
equipment which sets off smoke detectors within a building will also be
Fire - Minor
included in this category.
Minor fires will be spilt into two categories - process fires e.g . fires involving
process equipment, raw materials, intermediates or products and non-
process fires e.g. electrical fire in substation, office fires, grass fires etc.
A fire involving any of the following
• Duration of more than 15 minutes
• There is a unit shut down because of the fire
Fires - Major • The fire causes fatalities or serious burns (L TA) to any person
• Loss of property exceeds Rs 500,000
As with minor fires any major fires will be reported as either process or non-
process fires.
As defined in the factories act. Mainly failures of pressure and lifting
Dangerous occurrences equipment or collapse of structures.
Any incident which causes damage to plant or equipment which is not
Property damage incidents already included in another category
• Any collision between a moving vehicle and any other moving
vehicle or stationary object
Road traffic accident • Any overturning of a vehicle
onsite • Any loss of object or load from a vehicle with the potential to cause
injury or damage.
Any road traffic accident as for onsite but involving a vehicle where an
employee on company business is travelling anywhere outside a company
Road traffic accident site.
offsite (employee on
company business) Note - any injuries in offsite accidents to employees whilst travelling for work
will be investigated but will not be reported as injuries on the relevant site
injury statistics and KPI's.

Format No. 9111-000-PCT-007-00006 Rev-OO


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24~S.2017

23~S.2020

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APPENDIX·H
CONTRACTOR MONTHLY SAFETY PERFORMANCE REPORT

Report For the Month of : Report No:


Work Order No. : Actual work start Date:
Name of the Contractor:
Nature of Work: Reporting Department:

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)

2 Man hours worked


Number of Lost Time Fatal
3 ~~~~-------+------------~--------~--------~
Accidents (LTA) Other LTA
4 Man-days lost due to accidents
5 Number Medical Treatment Case
6 Number of First Aid Cases
7 Number of Near Miss Incidents
Fire-Minor(Small fire which was put out by using
8
fire extinguisher)
9 Fire- Major
Loss of primary containment of hazardous
10
substance-Minor
Loss of primary containment of hazardous
11
substance-Major
Dangerous occurrence/ Road traffic accident
12
onsite/ dam incident
13 LTA Free Man hours
Frequency Rate (Total No .of LTI *1000000/ man-
14
hours worked)
Severity Rate (Total man days lost *1000000/
15
man-hours wo

Remarks, if any

Format No. 9111-000-PCT-007-00006 Rev-OO


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B. TRAINING! AWARENESS PROGRAM


UPTO
ITEM PREVIOUS THIS MONTH CUMU·LATIVE
MONTH
No. of Workers/Staff Participant in Safety Induction
1
Training
2 Number of Tool Box Meetings conducted
3 Number of HSE Meetings organized at site
Number of HSE Awareness programs conducted at
4
site
5 No. of Incentives/ Awards given
6 No. of Occasions on which Penalty Imposed

C. INSPECTION! AUDITS (During The Month)

DATE TOPIC NO. OF OBSERVATIONS STATUS

D. CONTRACTOR SAFETY AUDIT RECOMMENDATIONS (BY HMEL)


Audit Date:
CURRENT STATUS
S No. RECOMMENDATION TARGET DATE (OPEN! IN PROGRESS! ACTION TAKEN
CLOSE)

Contractor Site-Incharge: Signature: Contact No:

Engineer Incharge (HMEL): Signature: Contact No:

NOTE: Copy of the Report to be sent to Safety department on or before 5 th of the following month.

Format No. 9111-000-PCT-007 -00006 Rev-OO


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APPENDIX·I

GUIDELINES FOR ESTABLISHING LABOUR CAMPS & WELFARE FACILITIES

Contractor Labour Camps' Accommodation


As part of our Incident and Injury Free (IIF) commitment we believe it is important for workers to also
have accommodation that is safe, hygienic and provides basic amenities in line with IIF. The basic
principle is that any accommodation and food provided by the contractor to workers whilst working at
HMEL / HMPL sites whether in labour camp or other location should be of a reasonable minimum
standard as given in the details below. .
Contractor labour camps must provide the following minimum standards and HMEL / HMPL will use
inspection / audit to ensure these are being maintained:.

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.
/

Toilet' washing' showering facilities


• Sufficient toilet / washing / showering facilities shall be provided at labor colony. The number will
depend on the size of the colony and number of workers but should be such that the facilities are close
to the sleeping area and of a number such that workers do not have to queue to use the facilities at
peak periods.
• Separate facilities to be provided for male and female workers
• Toilet / washing facilities shall be provided as required to maintain healthy and sanitary conditions.
Such facilities shall be properly maintained and provided with potable water and drainage to prevent
pooling of water.

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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.

Design I construction standards


• Height of rooms - Minimum 10 feet
• Floor Constructed from PCC
• Brick work in cement mortar and cement pointing with truss supporting roof or Prefabricated insulated
plastic coated sheets (minimum insulation thickness 50mm)
• Minimum room area 22.5 m2
• Maximum 6 persons per room
• Each person should be provided with minimum of bed, mattress and blankets
• Minimum area per person 3.5m2
• Segregated accommodation for male and female workers
• Rooms are to have window for ventilation.
• Provision should be made for adequate cooling in summer, through provision of air conditioning or
fans and heating in winter
• Each room to have minimum of one electric light
• External lighting to be provided in camp area to allow persons to move about safely
• Toilets / drains to be connected to septic tank. Contractor has to establish sewerage treatment plant
(STP) for the treatment of contents of septic tank or to arrange for the same via a specialized licensed
agency.
• Floor areas to be designed in such a way that water drains away and does not pool

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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

Cooking I food preparation areas


• Contractor should provide free or cheap meals to workers staying there or equipment and facilities for
them to do their own cooking .
• If workers do their own cooking, this should not be done in the same rooms as sleeping.
• Any kitchen and food storage area to be designed and operated to good levels of safety and hygiene

First aid I medical facilities


• Contractors should make arrangements for workers to have easy access to medical treatment
• One room to be set aside as a first aid / medical room and be furnished as such
• Trained first aider and first aid kit should be available at all times

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.

Leisure I Entertainment facilities


• The contractor should provide access to sports / leisure facilities for the workers staying in the colony
e.g. cricket / volleyball, TV room, newspapers and computers.
• Adequate facilities should be available for charging of workers personal mobile phones.

Format No. 9111-000-PCT-007-00006 Rev-OO


.-
ANNEXURE TO
SCC
Guru Gobind Singh Polymer
Addition Project
-----------------------------------------------------------------------------------------------------------------

OISD-192 & OISD-207

[ANNEXURE -XIII TO SPECIAL CONDITIONS OF CONTRACT]

Page 1 of 1
ANNEXURE TO SCC
Guru Gobind Singh Polymer
Addition Project
---------------------------------------------------------------------------------------------------------------------------------------

PROCUREMENT OF TMT BARS, CEMENT AND STRUCTURAL STEEL


BY CONTRACTOR

[ANNEXURE – XI TO SPECIAL CONDITIONS OF CONTRACT]

Page 1 of 2
ANNEXURE TO SCC
Guru Gobind Singh Polymer
Addition Project
---------------------------------------------------------------------------------------------------------------------------------------

ANNEXURE – XI TO SCC

PROCUREMENT OF TMT BARS, CEMENT AND STRUCTURAL STEEL BY CONTRACTOR

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.

1.2 Tests after receipt of structural steel at site:


In addition to availability of valid BIS license and MTC, for each category / size of structural steel
procured, one sample from every 50 MT or part thereof shall be drawn and tested in approved
laboratory. The charges for such testing shall be borne by the contractor.
1.3 Tests after receipt of TMT bars at site:
In addition to availability of valid BIS license and MTC, sample as specified under shall be drawn
and tested in approved laboratory. The charges for such testing shall be borne by the contractor.
• Under 10 mm bars one sample for each 25 MT (or part thereof) for consignment below 100
MT and one sample each 40 MT (or part thereof) for consignment above 100 MT shall be
tested.
• For 10 mm to 16 mm bars, one sample for each 35 mm MT (or part thereof) for consignment
below 100 MT and one sample each 45 MT (or part thereof) for consignment above 100MT
shall be tested.
• Over 16 mm bars one sample for each 45 MT (or part thereof) for consignment below 100
MT and one sample each 50 MT (or part thereof) for consignment above 100 MT shall be
tested.

2.0 Contract Clause for acceptance of Cement manufacturer

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

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