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HINDUSTAN PETROLEUM CORPORATION LTD.Central Engineering Cell, 6th Floor, Petroleum House,

17, J. Tata Road, Mumbai-400020

Dated : M/s. ________________________________________________________________________________________________________

Sub: Request for Quotation (RFQ) for installation and commissioning of 5 MW (± 10%) Wind Energy Project on turnkey basis with O & M for 20 years.

Dear Sir (s)

HPCL proposes to set up Wind Energy Project having total installed capacity of 5 MW (±

10%) at Jagmin (Distt- Satara) site in Maharashtra on land owned by Maharashtra

Energy Development Agency (MEDA). Required land, measuring approx. 39.40

Hectares, for putting up this wind farm, shall be made available to the successful bidder.

The bidder to visit Jagmin site, examine and gather all necessary information that may

be required for preparing the bid on their own responsibility for supply and installation

of the facilities. The cost of visiting the site shall be at the Bidder’s own expense.

We request you to please submit your lowest quotation for wind farm project in order to

meet the requirements as contained in the Bid Document enclosed herewith.

Following gist is given for your reference:

1. Scope of Work Sec. VII

2. Technical specification of the

supply

Sec. VIII

3. Location Jagmin, Tehsil: Satara,Distt: Satara (Maharashtra State.)

4. Currency of offer Offer should be in Indian Rupees/USD only.

/5

5. Earnest Money Deposit (EMD) (To be submitted in

separate sealed cover superscribed ‘EMD for 5MW Wind Energy Project of HPCL with date of opening.)

Bids shall be accompanied with Earnest Money

Deposit (EMD) amounting to Rs 5,00,000/- ( Rs.

Five Lakhs) ( USD 12,000 for foreign bidders) in

the form of a crossed Demand Draft in favour of

HPCL payable at Mumbai. EMD shall be non-

interest bearing deposit.

OR

Bidder can also submit Bank Guarantee of Rs.

5,00, 000 /-(Rs. Five Lakhs Only) of any scheduled

bank(Co-operative Bank not accepted) valid for 30

days beyond the validity period of the offer in place

of demand draft in the format enclosed at Annexure

-I. Bids not accompanied by requisite EMD shall be

rejected.

6. Project Commissioning

Schedule

Project to be commissioned on or before

31.12.2006, in all respects.

7. Payment terms Terms of payments are as follows:

i) 10% of the total contract value on submission

copy of Sanction Order of Nodal Agency &

MSEDCL, furnishing of configuration of

WEGs and details of micrositing of Wind

farm.

ii) 60% of contract value on receipt of material at

site & foundation work in the following

manner:

(a) On completion of tower foundation - 10%

(b) On receipt of Tower - 10%

(c) On receipt of Nacelle - 25%

(d) On receipt of Rotor Blades & -15%

Assembly

Page : 2 /5

Contractor shall be solely & fully responsible for

any losses/damages/claims etc. if any to the

equipment / machinery / installations till the project

is commissioned

as per the tender terms & conditions and contractor

will indemnify HPCL against any losses/claims etc.

iiiii) Next 20% on commissioning of the project and

signing of Energy Purchase Agreement (EPA).

iv) Final 10% payment shall be released after

successful stabilization operation of wind farm and

short term test run of each WEG for 96 hrs. for

100% availability of the WEG or 90 days from the

date of commissioning, which ever is later.

8. Security Deposit The successful bidder shall submit 1% of total contact

value towards Security Deposit in the form of account

payee crossed Demand Draft drawn favour of Hindustan

petroleum Corporation Ltd., payable at Mumbai within 15

days from date of intimation of acceptance of their

tender, failing which HPCL reserves the right to cancel

the contract & forfeit the EMD.

9. Performance Guarantee

The successful bidder shall submit a Bank Guarantee

equivalent to 10% of the Contract Value valid for 25

months from the date of commissioning & issuance of

completion certificate for the project from Scheduled

Bank (Co-operative Bank not accepted) in the format

enclosed in ITB.

10. Evaluation of quotation

The price schedule to be filled by the bidders in Bid

response sheets (in separate sealed cover). Bidders are

requested to indicate the terms accepted. All responsive

Page : 3 /5

quotation will be evaluated based on method as

indicated in tender document.

11. Validity of offer Validity of offer should be 90 days from the last/extended

date of submission of quotation.

12. Last date of submission of quotation

Sealed quotation superscribing 5 MW (±10%)“Wind Energy Project at Jagmin” should reach to this office

on or before 29 August, 2006 (by 1500 Hrs) in two

separate envelopes for technical bid (Part –I) and price

bid (Part – II) clearly marked on it. Price Bid (Part – II)

envelope should contain Bid Response Sheet attached

to the ITB.

Quotation received after the due date (whatever may be

the reason) shall not be considered.

13. Opening of quotation For all quotations received upto 1500 Hrs of 29 August,

2006, the technical bid will be opened on 29 August

2006 at 1530 Hrs. in the presence of bidders / their

authorized representative (s).

Short listed bidders shall be informed of date of opening

of price bids separately.

14. Quotation on ‘Firm’ price basis

Prices quoted by the bidders shall remain firm during the

currency of the contract and not subject to variation on

any account. Quotation submitted on variable price basis

shall be treated as non-responsive and the same shall

be rejected.

15. Custom duty, CVD, etc.

For goods offered from abroad custom duty, CVD and

other applicable levies, etc, if payable will be paid

directly by the bidder and shall be included in the

tendered price only. However, bidders to provide

detailed break up of Custom duty, CVD and other

applicable levies, etc considered by them in bid.

Page : 4 /5

16. Taxes, duties, levies etc.

In case Bidders offering goods manufactured in India

Sales Tax, local tax and other levies solely in respect of

transaction between the purchaser and the supplier

under the contract, shall be included in the tender price

only & will not be paid separately. No tax shall be paid by

HPCL separately except service tax which shall be paid

as per the prevailing rate.

17. Project Management Consultant

M/s Power & Energy Consultants of Delhi has been

appointed consultant for this project.

We request that contents of the letter and the bid document be noted carefully and your

quotation for the project be submitted accordingly. The quotation should be in three

copies in a sealed cover.

Thanking you,

DGM – Materials & PurchaseCentral Engineering Hindustan Petroleum Corporation Limited,6th Floor, Petroleum House, J. Tata Road,Churchgate, Mumbai – 400 020

Page : 5 /5

TENDER DOCUMENT

ForInstallation of 5 MW ( ±10%)

Wind Electric Generators& Associated Equipment for Wind Power Project

atJagmin site

in Maharashtra State

Hindustan Petroleum Corporation Limited

(A Government of India Enterprise)

(Tender No. CE 023)

JULY, 2006Corporate Office: Central Engineering

6th Floor, Petroleum House, 17, J. Tata Road, Mumbai-400020

Phone : 091-22-22028659,091-22-22863606

Fax : 091-22-66466775,66466228,22839934

Email : [email protected] / [email protected]

Website : www.hindustanpetroleum.com

http://www.hindustanpetroleum.com/

5 MW Wind Power Project, JagminRequest for quotation

CONTENTS

SECTION DESCRIPTION I Introduction 1

II Definition & Interpretations 2-5

III Instructions to Bidders 6-11

IV General Terms & Conditions 12-44

V Special Conditions 45-61

VI Special Conditions for O & M of wind farm 62-70

VII Scope of Work 71-79

VIII Technical Specifications 80-89

IX Bid Evaluation Criteria 90

X Guarantees 91-92

XI Format of Proposal 93-146

Bid Response Sheets Sheet no-1 to 18

Proforma for Bank Guarantee for EMD Annexure- I

Proforma for Bank Guarantee for Security Deposit / Retention Money Performance

Annexure-II

Proforma for Bank Guarantee for O & M performance Guarantee

Annexure-III

Format for Indemnity Bond Annexure-IV

Format for Contract Agreement Annexure-V

List of Preferred Suppliers Annexure-VI

HPCL i Power & Energy Consultants

SECTION –I

INTRODUCTION


SECTION I

INTRODUCTION

1. BACKGROUND

Hindustan Petroleum Corporation Limited (HPCL) is India's second largest integrated oil refining and marketing Company. HPCL is a Navratna, because of its infrastructure and large network, a pride of place accorded by the Government of India to nine public sector companies in recognition of their excellent services, global potential and commitment to the nation's growth.

2. WIND POWER PROJECT

HPCL intends to harness on Wind Energy in its endeavor to diversify into the field of Non Conventional Energy sources in the state of Maharashtra.

To meet this objective HPCL, along with Maharashtra Energy Development Agency (MEDA), intends to install Wind Farm using Wind Electric Generators (WEGs) to produce approx. 5 MW (± 10%) of electricity at Jagmin, Taluka-Satara, District-Satara (Maharashtra) for which land owned by MEDA measuring 39.40Ha. has been identified.

MEDA is a State Nodal Agency under the umbrella of the MNES (Ministry of Non-conventional Energy sources) and are Promoting non-conventional, renewable and alternate energy devices and technologies in the State of Maharashtra.

HPCL & MEDA have agreed to collaborate in the setting up of wind power project using Wind Electric Generators (WEG) in Maharashtra at Jagmin after entering in to business agreement (power purchase agreement), based on the logistics of supply / economic viability, evaluation of current performance of the facilities and capacity utilization trends, to install wind farm. However, this ITB intends to install wind project at Jagmin at this stage.

Accordingly, HPCL intends to carry out the necessary activities in relation to the setting up of wind power project through Lump Sum Turnkey Contract(LSTK).

HPCL 1 Power & Energy Consultants

SECTION-II

DEFINITIONS &

INTERPRETATIONS


SECTION II

Definitions & Interpretations

2.1 DEFINITION

The following expressions used herein and elsewhere in this document shall have the meaning indicated against each unless repugnant to the subject or context or are changed with mutual consent :

The term ‘Company/Owner/Client/HPCL’ means the HPCL having its registered office at Petroleum House, 17, Jamshedji Tata Road, Mumbai-400020.

The term ‘Engineer-in-charge’ shall mean the person/agency nominated from time to time by the Company and also expressly authorized by the company for and on his behalf for operation of this contract.

The term ‘Tender/Bid’ shall mean the tender/bid submitted by the Bidder/Bidfor acceptance by the company.

The term ‘Commissioning of Project’ shall mean the commissioning of entire Wind Power Project of capacity 5 MW (±10%) including interfacing with State Grid and commencement of export of electrical energy to the grid.

The term ‘The Completion Certificate’ shall mean the certificate to be issued by the Engineer-in-charge appointed by the company, when the contractor has completed all his contractual obligations.

The term ‘The Contractor’ shall mean the person or the persons, firm or Company whose tender has been accepted by the HPCL and includes the Contractor's legal heirs, representative, successor(s) and permitted assignees.

The term ‘Contract Document’ shall mean collectively tender document, designs, drawings, specifications, agreed variations, if any, and other document constituting the tender and acceptance thereof and shall be deemed to include any amendments and/or modifications to the contract document.



The term ‘The Drawings’ shall include maps, plans, drawings, sketches and tracings or prints thereof with or without any modifications approved in writing by the Engineer-in-charge and such other drawings as may from time to time, be furnished or approved in writing by the Engineer-in-charge.

The term ‘LSTK’ means Lump Sum Turnkey Contractor.

The term ‘PMC’ means Project Management Consultant. Our PMC are Power & Energy Consultant ( A division of Goldline Power Solutions Ltd.) having its registered office at U -136, Shakarpur, Vikas Marg, Delhi 110092 and includes its successors and assigns.

The "Permanent Work" means and includes works which form a part of the work to be handed over to the HPCL by the Contractor on completion of the contract.

The "Project Manager" shall mean the Project Manager of HINDUSTAN PETROLEUM CORPORATION LIMITED, or any person so appointed, nominated or designated.

The ‘site’ means the land on which the work is to be executed or carried out and such other place(s) for the purpose of performing the contract.

The term ‘Specifications’ shall mean directions, various technical specifications, provisions and requirements attached to the contract, which pertains to the method and manner of performing the work or works and the materials to be furnished under the contract for the work or works as may be amplified or modified by the company or the Engineer-in-charge during the performance of the contract to provide for the unforeseen conditions or in the best interest of the work or works. It shall also include the latest edition including all addenda/corrigenda of relevant Indian Standard specifications/codes.

The term ‘Sub-contractor’ shall mean any person or firm or Company (other than the Contractor) to whom any part of the work has been entrusted by the Contractor with the prior written consent of the HPCL/Engineer-in-Charge/Site-in-Charge and their legal heirs, representatives, successors and permitted assignees of such person, firm or Company.

The "Temporary Work" means and includes all such works which are a part of the contract for execution of the permanent work but does not form part of the permanent work confirming to practices, procedures applicable rules and regulations relevant in that behalf.



The term ‘Work or Works’ shall mean the works to be executed in accordance with the contract and part thereof as the case may be and shall include all extra, additional, altered and substituted works as required for the purpose of contract

MSETCL: means Maharashtra State Electricity Transmission Company

Limited.

MSEDCL: means Maharashtra State Electricity Distribution Company

Limited.

MEDA : means Maharashtra Energy Development Agency.

IREDA : means ‘Indian Renewable Energy Development Agency’.

MNES : means Ministry of Non-conventional Energy Sources, Govt. of

India.

PCGG : means Power Curve base Generation Guarantee.NMGG : means Net Minimum Generation Guarantee.

2.2 DAY The 24 hour period beginning and ending at 12.00 midnight IST.

2.3 ENVIRONMENTAL LAWSAll applicable codes, laws, rules and regulations relating to actual or potential effect of the activities on and at the project contemplated by this agreement on the environment, the disposal of material, the discharge of chemicals, gases or other substances or materials into the environment, or the presence of such materials, chemicals, gases or other substances in or on the project.

2.4 POWER PLANTThe complete, fully functional and operational 5 MW(± 10%) wind power generating station including related facilities, subsystems and controls necessary to enable the plant to deliver electric power to 33 KV or at higher voltage outgoing feeders upto inter connection.

2.5 MONTHA calendar month according to the Gregorian calendar beginning at 12.00 midnight on the last day of the preceding month and ending at 12.00 midnight on the last day of that month.



2.6 "PRUDENT UTILITY PRACTICE" ‘Prudent Utility Practice’ means accepted international/Indian practice(s), standard(s), engineering and operation considerations, taking into account the conditions prevalent at Site including manufacturer's recommendations generally followed in the operation and maintenance of facilities similar to the power plant.

Indian Electricity (Supply) Act means Indian Electricity Act 2003, Indian Electricity Act 1910, Indian Electricity (Supply) Act 1948 & Indian Electric Rules 1956 & as amended from time to time.

The ‘Interconnection point’ means the physical point(s) at the terminal substation gantry (i.e) where 11 KV / 33 KV or any other higher voltage line/lines from the TRANSCO Grid are connected.

In this document unless otherwise stated:(i) the headings and paragraph numbering are for convenience only and

shall be ignored in construing the agreement;

(ii) the singular includes the plural and vice versa;

(iii) references to natural persons includes body corporates and partnerships;

(iv) references to any enactment, ordinance or regulation includes any amendment thereof or any replacement in whole or in part;

(v) references to Articles, Clauses and Schedules are unless the context otherwise requires, refers to Articles of, Clauses of, and Schedules to, this document.


SECTION-IIIINSTRUCTIONS TO BIDDERS


SECTION-III

I N S T R U C T I O N S T O B I D D E R S

1. Interested bidders can obtain the ITB document in person on payment of the cost price through a demand draft/bankers cheque payable at Mumbai and drawn in favour of Hindustan Petroleum Corporation Limited.

Cost price (Non refundable): Rs. 5,000/- ( Rs. Five Thousand Only)Date of Sale : 1st August, 2006 to 25th August, 2006

Timings of sale: From 1100 hrs. to 1700 hrs. IST on working days from Monday to Friday (Except holidays)

Due Date for submission: Upto 1500hrs (IST) of 29th August, 2006

Tender opening: 1530 hrs. on 29th August, 2006 in presence of intending bidders at HPCL

2. ITB document can also be down loaded from our website www.hindustanpetroleum.com and in that case the non refundable cost price of ITB document is required to be paid by submitting a demand draft/bankers cheque payable at Mumbai and drawn in favour of Hindustan Petroleum Corporation Limited, along with the submission of bid.

3. Please note that the ITB document is for the sole use of the company to whom it is issued and is non-transferable. Parties who have not purchased the ITB document in their own name are not permitted to bid.

4. Bidders are required to furnish all information and documents as called for in this document in English language. Any printed literature furnished by the Bidder may be in another language, provided that this literature is accompanied by an authentic English translation, in which case, for the purpose of interpretation of the document, the English version will govern.

5. All questions and requests for interpretation or clarifications related to this ITB shall be addressed in writing to:

Central Engineering Hindustan Petroleum Corporation Limited,6th Floor, Petroleum House, J. Tata Road,Mumbai – 400 020Attention: Shri S.G. Subramoney, DGM – Materials & Purchase

e-mail: [email protected] with a copy of the mail to [email protected]



Questions received less than SEVEN (7) working days prior to the bid closing date will not be responded.

A written/ e-mail reply will be made to all questions or requests for interpretation or clarification made by Bidder. Any such inquiries and all replies thereto, which have a bearing on the bid, will be circulated to all Bidders (without identifying the source of inquiry).

6. Addenda to the ITB may be issued at any time prior to the date fixed for receiving the Bids to revise any of the ITB condition.

All addenda are to be considered an integral part of the ITB document. They will be sequentially numbered and sent simultaneously and in identical form to each Bidder who shall acknowledge receipt of such addenda by signing and returning an acknowledgment within seven (7) working days of receiving the same.

Bidder is required to take into account all addenda in his Bid received during the bid period and to confirm/attach the same in the Bid.

7. Bid should be filled in only with ink or typed. Any bid filled in by pencil or otherwise shall not be considered.

8. All additions, alterations and over-writings in the bid or accompanying documents must be clearly initialled by the authorised signatory to the bid.

9. The bidder is intended to be selected through single stage two bids system (Part-I i.e. Unpriced bid (Techno-commercial bid including Pre-qualification document) and Part-II i.e. Priced bid) fulfilling the qualifying criteria as mentioned below:

Technical Qualification Criteria

a. The bidders shall have experience of executing turnkey projects of at least total of 5 MW capacity (10 MW capacity if bidding for both the parts) in India in immediately preceding three years from due date of submission of offer.

b. The bidder should have executed O&M contracts for not less than three years period from due date of submission of offer for a minimum 10 MW capacity (20 MW capacity if bidding for both parts).

c. The minimum acceptable rating for the Wind Electric Generators (WEGs) is 600 KW.

Financial Qualification Criteria

a. The Average Annual Turnover of the bidder of the last three preceding Financial years, i.e. 2003 -04, 2004-05 and 2005-06, shall not be less than Rs. 50 Crores.



b. The net worth of the bidder in last three preceding Financial years, i.e. 2003-04, 2004-05 and 2005-06, shall be positive. Bidders with negative net worth will not be considered barring PSUs approved by HPCL.

Note: In case a bidder is not in a position to meet financial qualification criteria, the turnover & net worth of the parent company (which holds at least 26% stake in equity capital of bidder) would be taken into account for qualification provided the parent company provides an undertaking to give a parent company guarantee on behalf of the bidder.

10. All documents shall be submitted in 1 (one) original plus 2 (two) copies in the

following manner:

a. Bid shall be submitted in two parts viz. Part I (Unpriced bid) & Part II (price bid) in separate double sealed envelopes.

b. The Unpriced bid including prequalification documents, Technical & Commercial bid shall be enclosed in a separate sealed cover and marked as ‘UNPRICED BID’ on top of the envelope and Tender No.

c. The Unpriced bid shall also contain one duly signed and stamped copy of the Price Schedule with prices blanked off without fail, i.e., Priced Bid without Price as a token of acceptance of the same.

d. The priced bid shall be enclosed in a separate sealed envelope marked as “PRICE BID” and Tender No. The Priced Bid shall contain only Price Schedule duly filled in, signed and stamped.

e. The bank draft/ original bank guarantee towards EMD shall be enclosed in a separate sealed envelope marked as “EMD” and Tender No.

f. All the above three envelopes containing Unpriced bid, priced bid & EMD shall be put inside one single envelope, sealed and clearly superscribed on the envelop as follows:

ITB DOCUMENT – DO NOT OPEN5 MW ± 10% WIND FARM TENDER NO.CEC: CE-023DUE DATE: 29th August, 2006.

11. In case price bid is received in open condition and/or contained/mentioned anywhere else the offer will be rejected.

12. In case EMD is kept alongwith Price bid, the offer shall be rejected.

13. The Bids completed in all respects, shall be delivered to the person named at the following address on or before the bid submission due date / time.



Central Engineering CellHindustan Petroleum Corporation Limited,6th Floor, Petroleum House, J. Tata Road,Churchgate, Mumbai – 400 020

Attention : Shri.S G Subramoney, DGM – Purchase

14. HPCL may at its sole discretion, extend the bid submission due date / time.

15. If scheduled date of submission of bid happens to be a holiday, the bids shall be submitted on the next working day before 1500 Hrs.

16. The bids received after the bid submission due date / time shall not be accepted. HPCL takes no responsibility for delay, loss or non-receipt of bids sent by post/courier/or other means reasons whatsoever.

17. The bids submitted by due date and time at the above address shall be opened on the same day at the same office at 1530 hrs. Bidder/ Authorized Representatives of Bidders may attend the opening.

18. Bids shall be accompanied with Earnest Money Deposit (EMD) amounting to Rs.5.0 lakh (Rupees Five Lakh) only in the form of a crossed Demand Draft / pay order / Banker’s Cheque payable at Mumbai or in the form of original non-revokable Bank Guarantee of equivalent amount as per format given issued by any nationalized bank/scheduled bank (other than co-operative bank), in favour of HPCL, valid for a period of 30 days beyond the validity period from the bid submission due date / extended due date. Any bid, not accompanied with requisite EMD shall be summarily rejected. EMD shall be non- interest bearing deposit. EMD in any other form shall not be accepted.

19. The bid document shall be properly checked before submission to ensure that all information/documents required for qualification are included.

20. Transfer of bid document issued to one prospective Bidder to another is not permissible.

21. Intending Bidders are required to carefully go through the instructions included in the bid document and furnish complete information, necessary documents and schedules.

22. The Bidder for the purpose of bidding will be deemed to have independently obtained all the necessary information for the purpose of preparing his bid.

23. It should be clearly noted that under no circumstances any time extension or any financial or any other kind of adjustment would be permitted for want of non-familiarity of work or work site.

24. All costs towards site visit(s), conference(s), preparation and submission of bids shall be borne by the Bidders themselves.



25. Bidders are informed that HPCL is neither under any obligation to select any Bidder, nor to give any reason for either qualifying or disqualifying any Bidder. HPCL is also not under any obligation to proceed with the complete project or any part thereof.

26. At any time prior to opening of bids, HPCL either on own initiative or in response to clarifications requested by a prospective Bidder, modify the bid document by issuing an amendment by courier/fax / e-mail, etc, to all Bidders.

27. The bids as submitted shall invariably indicate the proposal is firm and that proposals shall remain valid and open for a period of not less than ninety days from the last/extended due date of opening.

28. Further, after award of Contract, the prices shall remain firm during execution of the project and during Operation & Maintenance period.

29. After opening of proposal and till final selection of successful Bidder(s), no correspondence of any type will be entertained, unless called for by HPCL. Any type of uncalled for clarifications on prices and or rebates shall not be accepted.

30. Bidders are advised to submit offers strictly based on the terms and

conditions and specifications contained in the bid documents and not to stipulate any deviation. Deviations must not be of the nature to make the bid non-responsive as expressly provided in the relevant clauses of the bid. For other terms and conditions and for absolutely unavoidable reasons, the Bidder may indicate deviations only in the format provided for the purpose. Deviations mentioned anywhere else would simply be ignored without any consequences.

31. HPCL reserves the right to reject any proposal without assigning reasons thereof including following:

At any time, a material misrepresentation is made or uncovered. OrThe Bidder does not respond promptly and exhaustively to requests for supplemental information required for the evaluation of the proposal within the time allowed.

32. The Bidder must quote the prices strictly in the manner as indicated in the document, failing which bid is liable to rejection. The rate/cost shall be entered in words as well as in figures. These must not contain any additions, alterations, over-writings, cuttings or corrections and any other markings, which leave any room for doubt. In case of difference in figures and words, the amount written in words shall prevail and shall be considered for evaluation. The bidders are requested not to mention any conditions in Price Bid (Part II) and the conditional price bid shall be liable for rejection.

33. A single authorised representative of the Bidder should sign and affix seal on each page of the bid document. Proof for authorization for signing the document to be furnished by the Bidder.



34. Successful Bidder/ Bidders will be required to execute the contract agreement in the prescribed format. In the event of failure of Bidder to execute the contract agreement within specified period from the date of receipt of acceptance of the bid, the full earnest money deposited shall stand forfeited.

35. Bidder shall treat ITB documents and contents therein as private and confidential. If at any time during bid preparation, Bidder decides to decline the invitation to bid, all documents must be immediately returned to HPCL.

36. Although details presented in this ITB have been compiled with all reasonable care, it is Bidders’ responsibility to satisfy them that the information/documents are adequate and that there are no conflicts between various documents/stipulations. No dispute or claims will be entertained on this account.

37. Bid proposal preparation is the responsibility of the Bidder and no relief or consideration can be given for errors and omissions.

38. Purchase Preference or any other benefits available to any entities/sectors as per directives of Government of India from time to time, shall be considered.

39. Bidders to declare that they have not been banned by any Government or quasi government agency. If yes, details to be given.

40. Bidder to note that Grievance Redressal Mechanism is available for all such bidders participating in the tender. The details of the Grievance Redressal Mechanism are available on HPCL website – www.hindustanpetroleum.com .


SECTION-IVGENERAL TERMS

& CONDITIONS OF CONTRACT


SECTION IV

GENERAL TERMS & CONDITIONS GENERAL TERMS & CONDITIONS OF CONTRACT

1 PRELIMINARY

1.1 This is a Contract for execution of ___________________________________ work at ______________________. (please fill up the blanks)

1.2 The tenderer for the above mentioned item of work is__________________________. (please give the name and address of the Tenderer)

1.3 The terms and conditions mentioned hereunder are the terms and conditions of the Contract for the execution of the work mentioned under item 1.1 above.

1.4 It is the clear understanding between Hindustan Petroleum Corporation Limited and the tenderer __________________________________________________ that (name and address of the tenderer) in case the tender of _____________________________________________________________ is (name and address of the tenderer) accepted by Hindustan Petroleum Corporation Limited and an intimation to that effect is so issued and also a Purchase Order is placed with _____________________________________________________________ (name and address of the tenderer) this document will be termed as a Contract between the parties and terms and conditions hereunder would govern the parties Interest.

1.5 Interpretation of Contract Documents: All documents forming part of the Contract are to be taken mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract, the decision of the Owner/Engineer-in-Charge/Site-in-Charge shall be the final and the contractor shall abide by the decision. The decision shall not be arbitrable. Works shown upon the drawings but not mentioned in the specification or described in the specifications without being shown on the drawings shall nevertheless be deemed to be included in the same manner as if they are shown in the drawings and described in the specifications.

1.6 Special conditions of Contract : The special conditions of contract, if any provided and whenever and wherever referred to shall be read in conjunction with General Terms and Conditions of contract, specifications, drawings, and any other documents forming part of this contract wherever the context so requires. Notwithstanding the subdivision of the documents into separate sections, parts volumes, every section, part or volume shall be deemed to be supplementary or complementary to each other and shall be read in whole. In case of any



misunderstanding arising the same shall be referred to decision of the Owner/ Engineer-in-Charge/Site-in-Charge and their decision shall be final and binding and the decision shall not be arbitral.

It is the clear understanding that wherever it is mentioned that the Contractor shall do/perform a work and/or provide facilities for the performance of the work, the doing or the performance or the providing of the facilities is at the cost and expenses of the work not liable to be paid or reimbursed by the Owner.

2. DEFINITIONS

In this contract unless otherwise specifically provided or defined and unless a contrary intention appears from the contract the following words and expressions are used in the following meanings;

2.1 The term "Agreement" wherever appearing in this document shall be read as "Contract".

2.2 The "Authority" for the purpose of this Contract shall be the Chairman and Managing Director or any other person so appointed or authorised.

2.3 The "Chairman and Managing Director" shall mean the Chairman and Managing Director of HINDUSTAN PETROLEUM CORPORATION LIMITED or any person so appointed, nominated or designated and holding the office of Chairman & Managing Director.

2.4 The "Change Order" means an order given in writing by the Engineer-in-Charge or by Owner to effect additions to or deletion from or alterations into the Work.

2.5 The "Construction Equipment" means all appliances and equipment of whatsoever nature for the use in or for the execution, completion, operation or maintenance of the work except those intended to form part of the Permanent Work.

2.6 The "Contract" between the Owner and the Contractor shall mean and include all documents like enquiry, tender submitted by the contractor and the purchase order issued by the owner and other documents connected with the issue of the purchase order and orders, instruction, drawings, change orders, directions issued by the Owner/Engineer-in-Charge/Site-in-Charge for the execution, completion and commissioning of the works and the period of contract mentioned in the Contract including such periods of time extensions as may be granted by the owner at the request of the contractor and such period of time for which the work is continued by the contractor for purposes of completion of the work.

2.7 "The Contractor" means the person or the persons, firm or Company whose tender has been accepted by the Owner and includes the Contractor's legal heirs, representative, successor(s) and permitted assignees.

2.8 The "Drawings" shall include maps, plans and tracings or prints thereof with any modifications approved in writing by the Engineer-in-Charge and such other



drawings as may, from time to time, be furnished or approved in writing by the Engineer-in-Charge.

2.9 The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed or designated as such by the Owner and shall include those who are expressly authorised by the owner to act for and on its behalf.

2.10 "The Owner" means the HINDUSTAN PETROLEUM CORPORATION LIMITED incorporated in India having its registered office at PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD, BOMBAY - 400020 and Marketing office at ____________________________________________ or their successors or assignees.

2.11 The "Permanent Work" means and includes works which form a part of the work to be handed over to the Owner by the Contractor on completion of the contract.

2.12 The "Project Manager" shall mean the Project Manager of HINDUSTAN PETROLEUM CORPORATION LIMITED, or any person so appointed, nominated or designated.

2.13 The "Site" means the land on which the work is to be executed or carried out and such other place(s) for purpose of performing the Contract.

2.14 The "Specifications " shall mean the various technical and other specifications attached and referred to in the tender documents. It shall also include the latest editions, including all addenda/corrigenda or relevant Indian Standard Specifications and Bureau Of Indian Standards.

2.15 The "Sub-Contractor" means any person or firm or Company (other than the Contractor) to whom any part of the work has been entrusted by the Contractor with the prior written consent of the Owner/Engineer-in-Charge/Site-in- Charge and their legal heirs, representatives, successors and permitted assignees of such person, firm or Company.

2.16 The "Temporary Work" means and includes all such works which are a part of the contract for execution of the permanent work but does not form part of the permanent work confirming to practices, procedures applicable rules and regulations relevant in that behalf.

2.17 The "Tender" means the document submitted by a person or authority for carrying out the work and the Tenderer means a person or authority who submits the tender offering to carry out the work as per the terms and conditions.

2.18 The "Work" shall mean the works to be executed in accordance with the Contract or part thereof as the case may be and shall include extra, additional, altered or substituted works as maybe required for the purposes of completion of the work contemplated under the Contract.



3. SUBMISSION OF TENDER

3.1 Before submitting the Tender, the Tenderer shall at their own cost and expenses visit the site, examine and satisfy as to the nature of the existing roads, means of communications, the character of the soil, state of land and of the excavations, the correct dimensions of the work facilities for procuring various construction and other material and their availability, and shall obtain information on all matters and conditions as they may feel necessary for the execution of the works as intended by the Owners and shall also satisfy of the availability of suitable water for construction of civil works and for drinking purpose and power required for fabrication work etc. Tenderer, whose tender may be accepted and with whom the Contract is entered into shall not be eligible and be able to make any claim on any of the said counts in what so ever manner for what so ever reasons at any point of time and such a claim shall not be raised as a dispute and shall not be arbitrable.

3.2 The Tenderer shall be deemed to have satisfied fully before tendering as to the correctness and sufficiency of his tender for the works and of the rates and prices quoted in the schedule of quantities which rates and prices shall except as otherwise provided cover all his obligations under the contract.

3.3 It must be clearly understood that the whole of the conditions and specifications are intended to be strictly enforced and that no work will be considered as extra work and allowed and paid for unless they are clearly outside the scope, spirit, meaning of the Contract and intent of the Owner and have been so ordered in writing by Owner and/or Engineer-in-Charge/Site-in-Charge, whose decision shall be final and binding.

3.4 Before filling the Tender the Contractor will check and satisfy all drawings and materials to be procured and the schedule of quantities by obtaining clarification from the Owner on all the items as may be desired by the Tenderer. No claim for any alleged loss or compensation will be entertained on this account, after submission of Tender by the Tenderer/ Contractor and such a claim shall not be arbitrable.

3.5 No escalation in the Tender rates will be permitted throughout the period of contract or the period of completion of the job whichever is later on account of any variation in prices of materials or cost of labour or due to any other reasons. Claims on account of escalation shall not be arbitral.

3.6 The quantities indicated in the Tender are approximate. The approved schedule of rates of the contract will be applicable for variations upto plus or minus 25% of the contract value. No revision of schedule of rates will be permitted for such variations in the contract value, including variations of individual quantities, addition of new items, alterations, additions/deletions or substitutions of items, as mentioned above. Quantities etc. mentioned and accepted in the joint measurement sheets shall alone be final and binding on the parties.



3.7 Owner reserve their right to award the contract to any tenderer and their decision in this regard shall be final. They also reserve their right to reject any or all tenders received. No disputes could be raised by any tenderer(s) whose tender has been rejected.

3.8 The Rates quoted by the Tenderer shall include Costs and expenses on all counts viz. cost of materials, transportation of machine(s), tools, equipment, labour, power, Administration charges, price escalation, profits, etc. except to the extent of the cost of material(s), if any, agreed to be supplied by Owner and mentioned specifically in that regard in condition of Contract, in which case, the cost of such material if taken for preparation of the Contractor's Bill(s) shall be deducted before making payment of the Bill(s) of the Contractor. The description given in the schedule of quantities shall unless otherwise stated be held to include wastage on materials, carriage and cartage, carrying in and return of empties, hoisting, setting, fitting and fixing in position and all other expenses necessary in and for the full and complete execution and completion of works and in accordance with good practice and recognized principles in that regard.

3.9 Employees of the State and Central Govt. and employees of the Public Sector Undertakings, including retired employees are covered under their respective service conditions/rules in regard to their submitting the tender. All such persons should ensure compliance to the respective/ applicable conditions, rules etc. Any person not complying with those rules etc. but submitting the tender in violation of such rules, after being so noticed shall be liable for the forfeiture of the Earnest Money Deposit made with the tender, termination of Contract and sufferance on account of forfeiture of Security Deposit and sufferance of damages arising as a result of termination of Contract.

3.10 Tender submitted by Tenderer shall remain valid for a period of 6 months from the date of opening of the tender. The Tenderer shall not be entitled during the said period of 6 months, to revoke or cancel the tender without the consent in writing from the Owner.

In case the tenderer revokes or cancels the tender or varies any of terms of the tender without the Consent of the Owner, in writing, the Tenderer forfeits the right to the refund of the Earnest Money paid along with the tender.

3.11 The prices quoted by the tenderer shall be firm during the validity period of 6 months and also during the period of Contract including period(s) of extensions of time, if any, as stated earlier. Escalation in prices will not be permitted during the said period. The tenderer shall particularly take note of this factor before submitting their tender(s).

3.12 The works shall be carried out strictly as per approved specifications. Deviations, if any, shall have to be authorised by the Engineer-in-Charge/Site-in-Charge in writing prior to implementing deviations. The price benefit, if any, arising out of the accepted deviation shall be passed on to the Owner. The decision of Engineer-in-Charge shall be final in this Matter.



3.13 The contractor shall make all arrangements at his own cost to transport the required materials outside and inside the working places and leaving the premises in a neat and tidy condition after completion of the job to the satisfaction of Owner. All materials except those agreed to be supplied by the Owner shall be supplied by the contractor at his own cost and the rates quoted by the Contractor should be inclusive of all royalties, rents, taxes, duties, octroi, statutory levies, if any, etc.

3.14 The Contractor shall not carry on any work other than the work under this Contract within the Owners premises without prior permission in writing from the Engineer-in-Charge/Site-in-charge.

3.15 The Contractor shall be bound to follow and ensure compliance to all the safety and security regulations and other statutory rules applicable to the area. In the event of any damage or loss or sufferance caused due to non-observance of such rules and regulations, the contractor shall be solely responsible for the same and shall keep the Owner indemnified against all such losses and claims arising from the same.

3.16 At any time after acceptance of tender, the Owner reserves the right to add, amend or delete any work item, the bill of quantities at a later date or reduce the scope of work in the overall interest of the work by prior discussion and intimation to the Contractor. The decision of Owner, with reasons recorded therefore, shall be final and binding on both the Owner and the Contractor. The Contractor shall not have right to claim compensation or damage etc. in that regard. The Owner reserves the right to split the work under this contract between two or more contractors without assigning any reasons.

3.17 Contractor shall not be entitled to sublet, sub contract or assign, the work under this Contract without the prior consent of the Owner obtained in writing.

3.18 All signatures in tender document shall be dated as well as all the pages of all sections of the tender documents shall be initialed at the lower position and signed, wherever required in the tender papers by the Tenderer or by a person holding Power of Attorney authorizing him to sign on behalf of the tenderer before submission of tender.

3.19 The tender should be quoted in English, both in figures as well as in words. The rates and amounts tendered by the Tenderer in the Schedule of rates for each item and in such a way that insertion is not possible. The total tendered amount should also be indicated both in figures and words with the signature of tenderer.

3.20 All corrections and alterations in the entries of tender paper will be signed in full by the tenderer with date. No erasures or over writings are permissible.

3.21 Transfer of tender document by one intending tenderer to the another one is not permissible. The tenderer on whose name the tender has been sent only can quote.



3.22 The Tender submitted by a tenderer if found to be incomplete in any or all manners is liable to be rejected. The decision of the Owner in this regard is final and binding. In case of any error/discrepancy in the amount written in words and figures, the lower amount between the two shall prevail.

4. DEPOSITS

A) EARNEST MONEY DEPOSIT (EMD)

The tenderer will be required to pay a sum as specified in the covering letter, as earnest money deposit alongwith the tender either thru a crossed demand draft or a non- revocable Bank Guarantee in favour of Hindustan Petroleum Corporation Limited, from any Scheduled Bank (other than a Co-Operative Bank) payable at Mumbai in favour of Hindustan Petroleum Corporation Limited, Mumbai in the proforma enclosed. The earnest money deposit will be refunded after finalization of the contract.

Note: Public sector enterprises and small scale units registered with National Small Scale Industries are exempted from payment of Earnest Money Deposit. Small scale units registered with National Small Scale Industries should enclose a photocopy of their registration certificate with their quotation to make their quotation eligible for consideration. The Registration Certificate should remain valid during the period of the contract that may be entered into with such successful bidder. Such tenderers should ensure validity of the Registration Certificate for the purpose.

B) SECURITY DEPOSIT

The tenderer, with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1%) of the total contract value in the form of account payee crossed demand draft drawn in favour of the Owner payable at Bombay, within 15 days from the date of intimation of acceptance of their tender, failing which the Owner reserves the right to cancel the Contract and forfeit the EMD.

5. EXECUTION OF WORK

All the works shall be executed in strict conformity with the provisions of the contract documents and with such explanatory details, drawings, specifications and instructions as may be furnished from time to time to the Contractor by the Engineer-in-Charge/ Site-in-Charge, whether mentioned in the Contract or not. The Contractor shall be responsible for ensuring that works throughout are executed in the most proper and workman- like manner with the quality of material and workmanship in strict accordance with the specifications and to the entire satisfaction of the Engineer-in-Charge/ Site-in-Charge.

The completion of work may entail working in monsoon also. The contractor must maintain the necessary work force as may be required during monsoon and plan to execute the job in such a way the entire project is completed within the



contracted time schedule. No extra charges shall be payable for such work during monsoon. It shall be the responsibility of the contractor to keep the construction work site free from water during and off the monsoon period at his own cost and expenses.

For working on Sundays/Holidays, the contractor shall obtain the necessary permission from Engineer Incharge/ Site Incharge in advance. The contractor shall be permitted to work beyond the normal hours with prior approval of Engineer-In-Charge/Site-In-Charge and the contractors quoted rate is inclusive of all such extended hours of working and no extra amount shall be payable by the owner on this account.

5.a. SETTING OUT OF WORKS AND SITE INSTRUCTIONS

5.a.1. The Engineer-in-Charge/Site-in-Charge shall furnish the Contractor with only the four corners of the work site and a level bench mark and the Contractor shall set out the works and shall provide an efficient staff for the purpose and shall be solely responsible for the accuracy of such setting out.

5.a.2. The Contractor shall provide, fix and be responsible for the maintenance of all necessary stakes, templates, level marks, profiles and other similar things and shall take all necessary precautions to prevent their removal or disturbance and shall be responsible for consequences of such removal or disturbance should the same take place and for their efficient and timely reinstatement. The Contractor shall also be responsible for the maintenance of all existing survey marks, either existing or supplied and fixed by the Contractor. The work shall be set out to the satisfaction of the Engineer-in-Charge/Site-in-Charge. The approval thereof or joining in setting out the work shall not relieve the Contractor of his responsibility.

5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all necessary reference and level posts, pegs, bamboo, flags ranging rods, strings and other materials for proper layout of the work in accordance with the scheme, for bearing marks acceptable to the Engineer-in-Charge/Site-in-Charge. The Centre longitudinal or face lines and cross lines shall be marked by means of small masonry pillars. Each pillar shall have distinct marks at the centre to enable theodolite to be set over it. No work shall be started until all these points are checked and approved by the Engineer-in-Charge/Site-in-Charge in writing. But such approval shall not relieve the contractor of any of his responsibilities. The Contractor shall also provide all labour, materials and other facilities, as necessary, for the proper checking of layout and inspection of the points during construction.

5.a.4. Pillars bearing geodetic marks located at the sites of units of works under construction should be protected and fenced by the Contractor.

5.a.5. On completion of works, the contractor shall submit the geodetic documents according to which the work was carried out.

5.a.6. The Engineer-in-Charge/Site-in-Charge shall communicate or confirm his instructions to the contractor in respect of the executions of work in a "work site



order book" maintained in the office having duplicate sheet and the authorised representative of the contractor shall confirm receipt of such instructions by signing the relevant entries in the book.

5.a.7. All instructions issued by the Engineer-in-Charge/Site-in-Charge shall be in writing. The Contractor shall be liable to carry out the instructions without fail.

5.a.8. If the Contractor after receipt of written instruction from the Engineer-in-Charge/ Site-in-Charge requiring compliance within seven days fails to comply with such drawings or 'instructions' or both as the Engineer-in-Charge/Site-in-Charge may issue, owner may employ and pay other persons to execute any such work whatsoever that may be necessary to give effect to such drawings or `instructions' and all cost and expenses incurred in connection therewith as certified by the Engineer-in-Charge/ Site-in-Charge shall be borne by the contractor or may be deducted from amounts due or that may become due to the contractor under the contract or may be recovered as a debt.

5.a.9. The Contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment, the levels and correctness of every part of the work and shall rectify effectually any errors or imperfections therein. Such rectification shall be carried out by the Contractor, at his own cost.

5.a.10. In case any doubts arise in the mind of the Contractor in regard to any expressions, interpretations, statements, calculations of quantities, supply of material rates, etc. the contractor shall refer the same to the Site-in-Charge/ Engineer-in-Charge for his clarification, instructions, guidance or clearing of doubts. The decision of the Engineer-in-Charge/Site-in-Charge shall be final and the contractor shall be bound by such a decision.

5.a.11. "The Contractor shall take adequate precautions, to ensure that his operations do not create nuisance or misuse of the work space that shall cause unnecessary disturbance or inconvenience to others at the work site".

5.a.12. "All fossils, coins articles of value of antiquity and structure or other remains of geological or archaeological discovered on the site of works shall be declared to be the property of the Owner and Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such articles or thing and shall immediately inform the Owner/ Engineer-in-Charge/Site-in-Charge."

5.a.13. "Contractor will be entirely and exclusively responsible to provide and maintain at his expenses all lights, guards, fencing, etc. when and where even necessary or/as required by the Engineer-in-Charge/Site-in-Charge for the protection of works or safety and convenience to all the members employed at the site or general public."

5.b. COMMENCEMENT OF WORK

The contractor shall after paying the requisite security deposit, commence work within 15 days from the date of receipt of the intimation of intent from the Owner



informing that the contract is being awarded. The date of intimation shall be the date/day for counting the starting day/date and the ending day/date will be accordingly calculated. Penalty, if any, for the delay in execution shall be calculated accordingly.

Contractor should prepare detailed fortnightly construction program for approval by the Engineer-in-Charge within one month of receipt of Letter Of Intent. The work shall be executed strictly as per such time schedule. The period of Contract includes the time required for testing, rectification, if any, re-testing and completion of work in all respects to the entire satisfaction of the Engineer-in-Charge.

A Letter of Intent is an acceptance of offer by the Owner and it need not be accepted by the contractor. But the contractor should acknowledge a receipt of the purchase order within 15 days of mailing of Purchase Order and any delay in acknowledging the receipt will be a breach of contract and compensation for the loss caused by such breach will be recovered by the Owner by forfeiting earnest money deposit/bid bond.

5.c. SUBLETTING OF WORK

5.c.1. No part of the contract nor any share or interest thereof shall in any manner or degree be transferred, assigned or sublet, by the Contractor, directly or indirectly to any firm or corporation whatsoever, without the prior consent in writing of the Owner.

5.c.2. At the commencement of every month the Contractor shall furnish to the Engineer-in-charge/Site-in-Charge list of all subcontractors or other persons or firms engaged by the Contractor.

5.c.3 The contract agreement will specify major items of supply or services for which the Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor may from time to time propose any addition or deletion from any such list and will submit the proposals in this regard to the Engineer-in-charge/Designated officer-in-charge for approval well in advance so as not to impede the progress of work. Such approval of the Engineer-in-charge/Designated officer-in-charge will not relieve the contractor from any of his obligations, duties and responsibilities under the contract.

5.c.4. Notwithstanding any subletting with such approval as resaid and notwithstanding that the Engineer-in-Charge shall have received copies of any subcontract, the Contractor shall be and shall remain solely to be responsible for the quality and proper and expeditious execution of the works and the performance of all the conditions of the contract in all respects as if such subletting or subcontracting had not taken place and as if such work had been done directly by the Contractor.

5.c.5 Prior approval in writing of the Owner shall be obtained before any change is made in the constitution of the contractor/Contracting agency otherwise contract shall be deemed to have been allotted in contravention of clause entitled



“subletting of works” and the same action may be taken and the same consequence shall ensue as provided in the clause of “subletting of works”.

5.d EXTENSION OF TIME

If the contractor does not complete the work within the contractual period he may apply in writing to the owner before two months of the period of expiry of the contract stating therein in detail, the reasons on which he desires to have extension and the period of extension, the contractor so desires. The owner on his part shall consider the request of the contractor for such extension of time and shall take a decision after discussion with the contractor and communicate the same to the contractor before 30 days of expiry of the contract. The decision of the owner in this regard shall be final and binding.

5.e. SUSPENSION OF WORKS

5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in writing by the Engineer- in-Charge/Site-in-Charge for reasons recorded suspend the works or any part thereof for such period and such time so ordered and shall not, after receiving such, proceed with the work therein ordered to suspended until he shall have received a written order to restart. The Contractor shall be entitled to claim extension of time for that period of time the work was ordered to be suspended. Neither the Owner nor the Contractor shall be entitled to claim compensation or damages on account of such an extension of time.

5.e.2. In case of suspension of entire work, ordered in writing by Engineer-in-Charge/Site-in-Charge, for a period of 30 days, the Owner shall have the option to terminate the Contract as provided under the clause for termination. The Contractor shall not be at liberty to remove from the site of the works any plant or materials belonging to him and the Employer shall have lien upon all such plant and materials.

5.e.3. The contract shall, in case of suspension have the right to raise a dispute and have the same arbitrated but however, shall not have the right to have the work stopped from further progress and completion either by the owner or through other contractor appointed by the owner.

5.f. OWNER MAY DO PART OF WORK

Not withstanding anything contained elsewhere in this contract, the owner upon failure of the Contractor to comply with any instructions given in accordance with the provisions of this contract, may instead of Contract and undertaking charge of entire work, place additional labour force, tools, equipment and materials on such parts of the work, as the Owner may decide or engage another Contractor to carryout the balance of work. In such cases, the Owner shall have the right to deduct from the amounts payable to the Contractor the difference in cost of such work and materials with ten percent overhead added to cover all departmental charges. Should the total amount thereof exceed the amount due to the contractor, the Contractor shall pay the difference to the Owner within 15 days of



making demand for payment failing which the Contractor shall be liable to pay interest at 24% p.a. on such amounts till the date of payment.

5.g. INSPECTION OF WORKS

5.g.1. The Engineer-in-Charge/Site-in-Charge and Officers from Central or State Government will have full power and authority to inspect the works at any time wherever in progress, either on the site or at the Contractor's premises/workshops of any person, firm or corporation where work in connection with the contract may be in hand or where the materials are being or are to be supplied, and the Contractor shall afford or procure for the Engineer-in-Charge/Site-in-Charge every facility and assistance to carryout such inspection. The Contractor shall, at all times during the usual working hours and at all other times at which reasonable notice of the intention of the Engineer-in-Charge/Site-in-Charge or his representative to visit the works shall have been given to the Contractor, either himself be present to receive orders and instructions, or have a responsible agent, duly accredited in writing, present for the purpose. Orders given to the Contractor's agent shall be considered to have the same force as if they had been given to the Contractor himself. The Contractor shall give not less than seven days notice in writing to the Engineer-in-Charge/Site-in-Charge before covering up or otherwise placing beyond reach of inspection and measurement any work in order that the same may be inspected and measured. In the event of breach of above, the same shall be uncovered at Contractor's expense for carrying out such measurement and/or inspection.

5.g.2. No material shall be removed and despatched by the Contractor from the site without the prior approval in writing of the Engineer-in-charge. The contractor is to provide at all times during the progress of the work and the maintenance period proper means of access with ladders, gangways, etc. and the necessary attendance to move and adapt as directed for inspection or measurements of the works by the Engineer-in-Charge/Site-in-Charge.

5.h. SAMPLES

5.h.1. The contractor shall furnish to the Engineer-in-charge/Site-in-Charge for approval when requested or required adequate samples of all materials and finishes to be used in the work.

5.h.2. Samples shall be furnished by the Contractor sufficiently in advance and before commencement of the work so as the Owner can carry out tests and examinations thereof and approve or reject the samples for use in the works. All material samples furnished and finally used/applied in actual work shall fully be of the same quality of the approved samples.

5.i. TESTS FOR QUALITY OF WORK

5.i.1. All workmanship shall be of the respective kinds described in the contract documents and in accordance with the instructions of the Engineer-in-Charge /



Site-in- Charge and shall be subjected from time to time to such tests at Contractor's cost as the Engineer-in-Charge/Site-in-Charge may direct at the place of manufacture or fabrication or on the site or at all or any such places. The Contractor shall provide assistance, instruments, labour and materials as are normally required for examining, measuring and testing any workmanship as may be selected and required by the Engineer-in-Charge/Site-in-Charge.

5.i.2. All the tests that will be necessary in connection with the execution of the work as decided by the Engineer-in- charge/Site-in-Charge shall be carried out at the contractors cost and expenses.

5.i.3. If any tests are required to be carried out in connection with the work or materials or workmanship to be supplied by the owner, such tests shall be carried out by the Contractor as per instructions of Engineer-in-Charge/Site-in-Charge and expenses for such tests, if any, incurred by the contractor shall be reimbursed by the Owner. The contractor should file his claim with the owner within 15 (fifteen) days of inspection/test and any claim made beyond that period shall lapse and be not payable.

5.j. ALTERATIONS AND ADDITIONS TO SPECIFICATIONS, DESIGNS AND WORKS

5.j.1. The Engineer-in-Charge/Site-in-Charge shall have powers to make any alterations, additions and/or substitutions to the schedule of quantities, the original specifications, drawings, designs and instructions that may become necessary or advisable or during the progress of the work and the Contractor shall be bound to carryout such altered/extra/new items of work in accordance with instructions which may be given to him in writing signed by the Engineer-in-Charge/Site- in-Charge. Such alterations, omissions, additions or substitutions shall not invalidate the contract. The altered, additional or substituted work which the Contractor may be directed to carryon in the manner as part of the work shall be carried out by the Contractor on the same conditions in all respects on which he has agreed to do the work. The time for completion of such altered added and/or substituted work may be extended for that part of the particular job. The rates for such additional altered or substituted work under this Clause shall, be worked out in accordance with the following provisions:

5.j.2. If the rates for the additional, altered or substituted work are specified in the contract for similar class of work, the Contractor is bound to carryout the additional, altered or substituted work at the same rates as are specified in the contract.

5.j.3. If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work, the rates will be derived from the rates for similar class of work as are specified in the contract for the work. In the opinion of the Engineer-in-Charge/ Site-in-Charge as to whether or not the rates can be reasonably so derived from the items in this contract, will be final and binding on the Contractor.

5.j.4. If the rates for the altered, additional or substituted work cannot be determined in



the manner specified above, then the Contractor shall, within seven days of the date of receipt of order to carry out the work, inform the Engineer-in-Charge/ Site-in-Charge of the rate at which he intends to charge for such class of work, supported by analysis of the rate or rates claimed and the Engineer-In-Charge/ Site-in-Charge shall determine the rates on the basis of the prevailing market rates for both material and labour plus 10% to cover overhead and profit of labour rates and pay the Contractor accordingly. The opinion of the Engineer-in- Charge/Site-in-Charge as to current market rates of materials and the quantum of labour involved per unit of measurement will be final and binding on the contractor.

5.j.5. The quantities indicated in the Tender are approximate. The approved schedule of rates of the contract will be applicable for variations of up to +25% of the estimated contract value. No revision of schedule of rates will be permitted for such variations in the contract value, even for variations of individual quantities, addition of new items, alterations, additions/ deletions or substitutions of items, as mentioned above.

5.j.6. In case of any item of work for which there is no specification supplied by the Owner and is mentioned in the tender documents, such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard Specifications do not cover the same, the work should be carried out as per standard Engineering Practice subject to the approval of the Engineer-in-Charge/ Site-in-Charge.

5.k. PROVISIONAL ACCEPTANCE

Acceptance of sections of the works for purposes of equipment erection, piping, electrical work and similar usage by the Owner and payment for such work or parts of work shall not constitute a waiver of any portion of this contract and shall not be construed so as to prevent the Engineer from requiring replacement of defective work that may become apparent after the said acceptance and also shall not absolve the Contractor of the obligations under this contract. It is made clear that such an acceptance does not indicate or denote or establish to the fact of execution of that work or the Contract until the work is completed in full in accordance with the provisions of this Contract.

5.l. COMPLETION OF WORK AND COMPLETION CERTIFICATE

As soon as the work is completed in all respects, the contractor shall give notice of such completion to the site in charge or the Owner and within thirty days of receipt

of such notice the site in charge shall inspect the work and shall furnish the contractor with a certificate of completion indicating:

a) defects, if any, to be rectified by the contractor

b) items, if any, for which payment shall be made in reduced rates



c) the date of completion.

5.m. USE OF MATERIALS AND RETURN OF SURPLUS MATERIALS

5.m.1. Notwithstanding anything contained to the contrary in any or all of the clauses of this contract, where any materials for the execution of the contract are procured with the assistance of Government either by issue from Government stocks or purchase made under orders or permits or licenses issued by Government, the contractor shall use the said materials economically and solely for the purpose of the contract and shall not dispose them of without the permission of the Owner.

5.m.2. All surplus (serviceable) or unserviceable materials that may be left over after the completion of the contract or at its termination for any reason whatsoever, the Contractor shall deliver the said product to the Owner without any demur. The price to be paid to the Contractor, if not already paid either in full or in part, however, shall not exceed the amount mentioned in the Schedule of Rates for such material and in cases where such rates are not so mentioned, shall not exceed the CPWD scheduled rates. In the event of breach of the aforesaid condition the contractor shall become liable for contravention of the terms of the Contract.

5.m.3. The surplus (serviceable) and unserviceable products shall be determined by joint measurement. In case where joint measurement has failed to take place, the Owner may measure the same and determine the quantity.

5.m.4. It is made clear that the Owner shall not be liable to take stock and keep possession and pay for the surplus and unserviceable stocks and the Owner may direct the Contractor to take back such material brought by the Contractor and becoming surplus and which the Owner may decide to keep and not to pay for the same.

5.n. DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 12 months from the date of completion of the job. Any damage or defect that may arise or lie undiscovered at the time of completion of the job shall be rectified or replaced by the contractor at his own cost. The decision of the Engineer In-charge/ Site-Incharge/ Owner shall be the final in deciding whether the defect has to be rectified or replaced.

Equipment or spare parts replaced under warranty/guarantees shall have further warranty for a mutually agreed period from the date of acceptance.

The owner shall intimate the defects noticed in writing by a Registered A.D. letter or otherwise and the contractor within 15 days of receipt of the intimation shall start the rectification work and complete within the time specified by the owner failing which the owner will get the defects rectified by themselves or by any other contractor and the expenses incurred in getting the same done shall be paid by the Contractor under the provision of the Contract.



Thus, defect liability is applicable only in case of job/works contract (civil, mechanical, electrical, maintenance etc. ) where any damage of defect may arise in future (i.e. Within 12 months from the date of completion of job) or lie undiscovered at the time of completion of job.

In other words, in case of service contracts (like car hire etc.) where there is no question of damage or defect arising in future, the defect liability clause is not applicable.

5.o. DAMAGE TO PROPERTY

5.o.1. Contractor shall be responsible for making good to the satisfaction of the Owner any loss of and any damage to all structures and properties belonging to the Owner or being executed or procured by the Owner or of other agencies within the premises of the work of the Owner, if such loss or damage is due to fault and/or the negligence or willful acts or omission of the Contractor, his employees, agents, representatives or subcontractors.

5.o.2. The Contractors shall indemnify and keep the Owner harmless of all claims for damage to Owner's property arising under or by reason of this contract.

6. DUTIES AND RESPONSIBILITIES OF CONTRACTOR

6.a. EMPLOYMENT LIABILITY TOWARDS WORKERS EMPLOYED BY THE CONTRACTOR

6.a.1 The Contractor shall be solely and exclusively responsible for engaging or employing persons for the execution of work. All persons engaged by the contractor shall be on Contractor's payroll and paid by Contractor. All disputes or differences between the Contractor and his/their employees shall be settled by Contractor.

6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the Contractor. The Contractor shall indemnify Owner against any loss or damage or liability arising out of or in the course of his/their employing persons or relation with his/their employees. The Contractor shall make regular and full payment of wages and on any complaint by any employee of the Contractor or his sub contractor regarding nonpayment of wages, salaries or other dues, Owner reserves the right to make payments directly to such employees or subcontractor of the Contractor and recover the amount in full from the bills of the Contractor and the contractor shall not claim any compensation or reimbursement thereof. The Contractor shall comply with the Minimum Wages Act applicable to the area of work site with regard to payment of wages to his employees and also to employees of his sub contractor.

6.a.3. The Contractor shall advise in writing or in such appropriate way to all of his employees and employees of subcontractors and any other person engaged by him that their appointment/ employment is not by the Owner but by the



Contractor and that their present appointment is only in connection with the construction contract with Owner and that therefore, such an employment/ appointment would not enable or make them eligible for any employment/ appointment with the Owner either temporarily or/and permanent basis.

6.b. NOTICE TO LOCAL BODIES

The contractor shall comply with and give all notices required under any Government authority, instruction, rule or order made under any act of parliament, state laws or any regulations or by-laws of any local authority relating to the works.

6.c. FIRST AID AND INDUSTRIAL INJURIES

6.c.1 Contractor shall maintain first aid facility for his employees and those of his subcontractors.

6.c.2. Contractor shall make arrangements for ambulance service and for the treatment of all types of injuries. Names and telephone numbers of those providing such services shall be furnished to Owner prior to start of construction and their name board shall be prominently displayed in Contractor's field office.

6.c.3. All industrial injuries shall be reported promptly to owner and a copy of contractor's report covering each personal injury requiring the attention of a physician shall be furnished to the Owner.

6.d. SAFETY CODE

6.d.1. The Contractor shall at his own expenses arrange for the Safety provisions as may be necessary for the execution of the work or as required by the Engineer-in-Charge in respect of all labours directly or indirectly employed for performance of the works and shall provide all facilities in connections therewith. In case the contractor fails to make arrangements and provide necessary facilities as aforesaid, the Owner shall be entitled to do so and recover the cost thereof from the Contractor.

6.d.2. From the commencement to the completion of the works, the contractor shall take full responsibility for the care thereof and of all the temporary works (defined as meaning all temporary works of every kind required in or for the execution, completion or maintenance of the works). In case damage, loss or injury shall happen to the works or to any part thereof or to temporary works or to any cause whatsoever repair at his (Contractor's) own cost and make good the same so that at the time of completion, the works shall be in good order and condition and in conformity in every respect with the requirement of the contract and Engineer-in-Charge's instructions.

6.d.3. In respect of all labour, directly or indirectly employed in the work for the performance of the Contractor's part of this agreement, the contractor shall at his own expense arrange for all the safety provisions as per relevant Safety Codes of C.P.W.D Bureau of Indian Standards, the Electricity Act/I.E. Rules. The Mines



Act and such other Acts as applicable.

6.d.4. The Contractor shall observe and abide by all fire and safety regulations of the Owner. Before starting construction work, the Contractor shall consult with Owner's Safety Engineer or Engineer-in-Charge/Site-in-Charge and must make good to the satisfaction of the Owner any loss or damage due to fire to any portion of the work done or to be done under this agreement or to any of the Owner's existing property.

6.d.5. The Contractor will be fully responsible for complying with all relevant provisions of the Contract Labour Act and shall pay rates of Wages and observe hours of work/ conditions of employment according to the rules in force from time to time.

6.d.6. The Contractor will be fully responsible for complying with the provision including documentation and submission of reports on the above to the concerned authorities and shall indemnify the Corporation from any such lapse for which the Government will be taking action against them.

6.d.7. Owner shall on a report having been made by an inspecting Office as defined in the Contract Labour Regulations have the power to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker(s) by reasons of non-fulfillment of conditions of contract for the benefit of workers no-payment of wages or of deductions made from his or their wages which are not justified by the terms of contract or non observance of the said contractor's labour Regulation.

6.e. INSURANCE AND LABOUR

Contractor shall at his own expense obtain and maintain an insurance policy with a Nationalised Insurance Company to the satisfaction of the Owner as provided hereunder.

6.e.1. EMPLOYEES STATE INSURANCE ACT

i. The Contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed by Employees State Insurance Act, 1948, and the Contractor further agrees to defend indemnify and hold Owner harmless from any liability or penalty which may be imposed by the Central, State or local authority by reason of any asserted violation by Contractor, or subcontractor of the Employees' State Insurance Act, 1948 and also from all claims, suits or proceedings that may be brought against the Owner arising under, growing out of or by reason of the work provided for by this contract whether brought by employees of the Contractor, by third parties or by Central or State Government authority or any political subdivision thereof.

ii. The Contractor agrees to file with the Employees State Insurance Corporation, the Declaration forms and all forms which may be required in respect of the Contractor's or subcontractor's employee whose aggregate



remuneration is within the specified limit and who are employed in the work provided or those covered by ESI Act under any amendment to the Act from time to time.

The Contractor shall deduct and secure the agreement of the subcontractor to deduct the employee's contribution as per the first schedule of the Employee's State Insurance Act from wages and affix the employee's contribution cards at wages payment intervals. The Contractor shall remit and secure the agreement of the sub contractor to remit to the State Bank of India, Employee's State Insurance Corporation Account, the Employee's contribution as required by the Act.

iii. The Contractor agrees to maintain all records as required under the Act in respect of employees and payments and the Contractor shall secure the agreement of the sub contractor to maintain such records. Any expenses incurred for the contributions, making contribution or maintaining records shall be to the Contractor's or subcontractor's account.

iv. The Owner shall retain such sum as may be necessary from the total contract value until the Contractor shall furnish satisfactory proof that all contributions as required by the Employees State Insurance Act, 1948, have been paid.

v. WORKMAN'S COMPENSATION AND EMPLOYEE'S LIABILITY INSURANCE

Provide Insurance for all the Contractor's employees engaged in the performance of this contract. If any of the work is sublet, the Contractor shall ensure that the sub contractor provides workmen's compensation and Employer's Liability Insurance for the latter's employees who are not covered under the Contractor's insurance.

vi. AUTOMOBILE LIABILITY INSURANCE

Contractor shall take out Insurance to cover all risks to Owner for each of his vehicles plying on works of this contract and these insurances shall be valid for the total contract period. No extra payment will be made for this insurance. Owner shall not be liable for any damage or loss not made good by the Insurance Company, should such damage or loss result from unauthorized use of the vehicle. The provisions of the Motor Vehicle Act would apply.

vii. FIRE INSURANCE

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.

Viii. The contractor shall take out insurance to cover all risks of accident to



third parties through acts of contractor’s own employees, representatives, sub contractors, agents and construction work and the risk of damage to the property of third parties arising out acts of contractors, employees, representatives and agents.

6.e.2. ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATION OR BY OWNER

i. Contractor shall also provide and maintain any and all other insurance which may be required under any law or regulations from time to time. He shall also carry and maintain any other insurance which may be required by the Owner.

ii. The aforesaid insurance policy/policies shall provide that they shall not be cancelled till the Engineer-in-Charge has agreed to their cancellation.

iii. The Contractor shall satisfy to the Engineer-in-Charge/Site-in-Charge from time to time that he has taken out all insurance policies referred to above and has paid the necessary premium for keeping the policies alive till the expiry of the defects liability period.

iv. The contractor shall ensure that similar insurance policies are taken out by his subcontractor (if any) and shall be responsible for any claims or losses to the Owner resulting from their failure to obtain adequate insurance protections in connection thereof. The contractor shall produce or cause to be proceed by his subcontractor (if any) as the case may be, the relevant policy or policies and premium receipts as and when required by the Engineer-in-Charge/Site-in-Charge.

6.e.3. LABOUR AND LABOUR LAWS

i. The contractor shall at his own cost employ persons during the period of contract and the persons so appointed shall not be construed under any circumstances to be in the employment of the Owner.

ii. All payments shall be made by the contractor to the labour employed by him in accordance with the various rules and regulations stated above. The contractor shall keep the Owner indemnified from any claims whatsoever inclusive of damages/costs or otherwise arising from injuries or alleged injuries to or death of a person employed by the contractor or damages or alleged damages to the property.

iii. No labour below the age of eighteen years shall be employed on the work. The Contractor shall not pay less than what is provided under the provisions of the contract labour (Regulations and Abolition) Act, 1970 and the rules made thereunder and as may be amended from time to time. He shall pay the required deposit under the Act appropriate to the number of workman to be employed by him or through sub contractor and get himself registered under the Act. He shall produce the required Certificates to the Owner before commencement of the work. The Owner



recognizes only the Contractor and not his sub contractor under the provisions of the Act. The Contractor will have to submit daily a list of his workforce. He will also keep the wage register at the work site or/and produce the same to the Owner, whenever desired. A deposit may be taken by the Owner from the Contractor to be refunded only after the Owner is satisfied that all workmen employed by the Contractor have been fully paid for the period of work in Owner's premises at rates equal to or better than wages provided for under the Minimum Wages Act. The contractor shall be responsible and liable for any complaints that may arise in this regard and the consequences thereto.

iv. The Contractor will comply with the provisions of the Employee's Provident Fund Act and the Family Pension Act as may be applicable and as amended from time to time.

v. The Contractor will comply with the provisions of the payment of Gratuity Act, 1972, as may be applicable and as amended from time to time.

vi. IMPLEMENTATION OF APPRENTICES ACT, 1961

The Contractor shall comply with the provisions of the Apprentices Act, 1961 and the Rules and Orders issued thereunder from time to time. If he fails to do so, his failure will be a breach of the contract and the Engineer-in-Charge may, at his discretion, cancel the contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provision of the Act.

vii. MODEL RULES FOR LABOUR WELFARE

The Contractor shall at his own expenses comply with or cause be complied with Model rules for Labour Welfare as appended to those conditions or rules framed by the Government from time to time for the protection of health and for making sanitary arrangements for worker employed directly or indirectly on the works. In case the contractor fails to make arrangements as aforesaid the Engineer-in-Charge/Site-in-Charge shall be entitled to do so and recover the cost thereof from the contractor.

6.f. DOCUMENTS CONCERNING WORKS

6.f.1. All documents including drawings, blue prints, tracings, reproducible models, plans, specifications and copies, thereof furnished by the Owner as well as all drawings, tracings, reproducible, plans, specifications design calculations etc. prepared by the contractor for the purpose of execution of works covered in or connected with this contract shall be the property of the Owner and shall not be used by the contractor for any other work but are to be delivered to the Owner at the completion or otherwise of the contract.

6.f.2. The Contractor shall keep and maintain secrecy of the documents, drawings etc. issued to him for the execution of this contract and restrict access to such



documents, drawings etc. and further the Contractor shall execute a SECRECY agreement from each or any person employed by the Contractor having access to such documents, drawings etc. The Contractor shall not issue drawings and documents to any other agency or individual without the written approval by the Engineer-in-Charge/Site-in- Charge.

6.f.3. Contractor will not give any information or document etc. concerning details of the work to the press or a news disseminating agency without prior written approval from Engineer-in- charge/ Site-in-Charge. Contractor shall not take any pictures on site without written approval of Engineer-in-Charge/Site-in-Charge.

7. PAYMENT OF CONTRACTOR'S BILLS

7.1. Payments will be made against Running Accounts bills certified by the Owner's Engineer-in- Charge/ Site-in-Charge within 15 days from the date of receipt of the certified bill by the Disbursement Section of the Owner.

7.2. Running Account Bills and the final bill shall be submitted by the Contractor together with the duly signed measurements sheet(s) to the Engineer-in-Charge/Site-in-Charge of the Owner in quadruplicate for certification.The Bills shall also be accompanied by quantity calculations in support of the quantities contained in the bill along with cement consumption statement, actual/theoretical, wherever applicable duly certified by the Engineer-in-Charge/ Site-in-Charge of the Owner.

7.3. All running account payments shall be regarded as on account payment(s) to be finally adjusted against the final bill payment. Payment of Running Account Bill(s) shall not determine or affect in any way the rights of the Owner under this Contract to make the final adjustments of the quantities of material, measurements of work and adjustments of amounts etc. in the final bill.

7.4. The final bill shall be submitted by the Contractor within one month of the date of completion of the work fully and completely in all respects. If the Contractor fails to submit the final bill accordingly Engineer-in-Charge/Site-in-Charge may make the measurement and determine the total amount payable for the work carried out by the Contractor and such a certification shall be final and binding on the Contractor. The Owner/Engineer- in-Charge/Site-in-Charge may take the assistance of an outside party for taking the measurement, the expenses of which shall be payable by the Contractor.

7.5. Payment of final bill shall be made within 45 days from the date of receipt of the certified bill by the Disbursement Section of the owner.

7.a. MEASUREMENT OF WORKS

7.a.1. All measurements shall be in metric system. All the works will be jointly measured by the representative of the Engineer-in-Charge/Site-in-Charge and the Contractor or their authorised agent progressively. Such measurement will be recorded in the Measurement Book/ Measurement Sheet by the Contractor or his authorised representative and signed in token of acceptance by the Owner or



their authorised representative.

7.a.2. For the purpose of taking joint measurement, the Contractor/representative shall be bound to be present whenever required by the Engineer-in-Charge/Site-in-Charge. If, however, they are absent for any reasons whatsoever, the measurement will be taken by the Engineer-in-Charge/Site-in-Charge or his representative and the same would be deemed to be correct and binding on the Contractor.

7.a.3. In case of any dispute as to the mode of measurement for any item of work, the latest Indian Standard Specifications shall be followed. In case of any further dispute on the same the same shall be as per the certification of an outside qualified Engineer/ Consultant. Such a measurement shall be final and binding on the Owner and the Contractor.

7.b. BILLING OF WORKS EXECUTED

The Contractor will submit a bill in approved proforma in quadruplicate to the Engineer-in- Charge/ Site-in-Charge of the work giving abstract and detailed measurement for the various items executed during a month, before the expiry of the first week of the succeeding month. The Engineer-in-Charge/Site-in-Charge shall take or cause to be taken the requisite measurements for the purpose of having the bill verified and/or checked before forwarding the same to the disbursement office of the Owner for further action in terms of the Contract and payment thereafter. The Engineer-in-Charge/ Site-in-Charge shall verify the bills within 7 days of submission of the Bill by the Contractor.

7.c. RETENTION MONEY

10% of the total value of the Running Account and Final Bill will be deducted and retained by the Owner as retention money on account of any damage/defect liability that may arise for the period covered under the defect liability period clause of the Contract free of interest. Any damage or defect that may arise or lie undiscovered at the time of issue of completion certificate connected in any way with the equipment or materials supplied by contractor or in workmanship shall be rectified or replaced by the contractor at his own expense failing which the Owner shall be entitled to rectify the said damage/defect from the retention money. Any excess of expenditure incurred by the Owner on account of damage or defect shall be payable by the Contractor. The decision of the Owner in this behalf shall not be liable to be questioned but shall be final and binding on the Contractor.

Thus, deduction towards retention money is applicable only in case of job/works contracts (civil, mechanical, electrical, maintenance etc. ) where any damage or defect may arise in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at the time of issue of completion certificate.

Alternatively, the contractor, before submission of the Ist RA invoice shall submit a interest free bank guarantee (BG) in lieu of Retention money, equivalent to 10% of the contract value in a non judicial stamp paper of appropriate value from



any scheduled bank in a format acceptable to owner. The BG shall remain valid till the completion of the defect liability period.

The value of this BG shall be modified by the contractor according to the final of the work taking into account the variation in quantities/ extra items.

7.d. TAXES, DUTIES, OCTROI ETC.

7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all taxes, duties, octroi, rates, cess, levies, and statutory payments payable under all or any of the statutes etc. 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 employer-employee relationship and the Contractor further agrees to comply and to secure the compliance of all subcontractors 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 subcontractor 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 subdivision thereof. The Contractor further agrees that in case any such demand is raised against the Owner, and Owner has no way but to pay and pays/makes payment of the same, the Owner shall have the right to deduct the same from the amounts due and payable to the Contractor. The Contractor shall not raise any demand or dispute in respect of the same but may have recourse to recover/receive from the concerned authorities on the basis of the Certificate of the Owner issued in that behalf.

7.d.2. The rates quoted should be inclusive of all rates, cess, taxes and sales tax on works contracts wherever applicable. However, wherever the sales tax on works contract is applicable and is to be deducted at source, the same will be deducted from the bills of the Contractor and paid to the concerned authorities. The proof of such payments of sales tax on works contract will be furnished to the contractor.

7.d.3. Income tax will be deducted at source as per rules at prevailing rates, unless certificate, if any, for deduction at lesser rate or nil deduction is submitted by the Contractor from appropriate authority.



7.e. MATERIALS TO BE SUPPLIED BY CONTRACTOR

7.e.1. The Contractor shall procure and provide the whole of the materials required for construction including tools, tackles, construction plant and equipment for the completion and maintenance of the works except the materials viz. steel and cement which may be agreed to be supplied as provided elsewhere in the contract. The contractor shall make arrangement for procuring such materials and for the transport thereof at their own cost and expenses.

7.e.2. The Owner may give necessary recommendation to the respective authority if so desired by the Contractor but assumes no responsibility of any nature. The Contractor shall procure materials of ISI stamp/certification and supplied by reputed suppliers borne on DGS&D list.

7.e.3. All materials procured should meet the specifications given in the tender document. The Engineer-in-charge may, at his discretion, ask for samples and test certificates for any batch of any materials procured. Before procuring, the Contractor should get the approval of Engineer-in-Charge/Site-in-Charge for any materials to be used for the works.

7.e.4. Manufacturer's certificate shall be submitted for all materials supplied by the Contractor. If, however, in the opinion of the Engineer-in-Charge/Site-in-Charge any tests are required to be conducted on the material supplied by the Contractor, these will be arranged by the Contractor promptly at his own cost.

7.f. MATERIALS TO BE SUPPLIED BY THE OWNER

7.f.1. Steel and Cement maybe supplied by the Owner to the contractor against payment by Contractor from either godown or from the site or within work premises itself and the contractor shall arrange for all transport to actual work site at no extra cost.

7.f.2. The contractor shall bear all the costs including loading and unloading, carting from issue points to work spot storage, unloading, custody and handling and stacking the same and return the surplus steel and cement to the Owner's storage point after completion of job.

7.f.3. The contractor will be fully accountable for the steel and cement received from the Owner and contractor will give acknowledgement/receipt for quantity of steel and cement received by him each time he uplifts cement from Owner's custody.

7.f.4. For all computation purposes, the theoretical cement consumption shall be considered as per CPWD standards.

7.f.5. Steel and Cement as received from the manufacturer/stockists will be issued to the contractor. Theoretical weight of cement in a bag will be considered as 50 Kg. Bags weighing upto 4% less shall be accepted by the contractor and considered as 50 Kg. per bag. Any shortage in the weight of any cement bag by



more than 4% will be to the Owner's account only when pointed out by the Contractor and verified by Engineer-in-Charge/Site in Charge at the time of Contract or taking delivery.

7.f.6. The contractor will be required to maintain a stock register for receipt, issuance and consumption of steel and cement at site. Cement will be stored in a warehouse at site. Requirement of cement on any day will be taken out of the warehouse. Cement issued shall be regulated on the basis of FIRST RECEIPT to go as FIRST ISSUE.

7.f.7. Empty cement bag shall be the property of the Contractor. Contractor shall be penalized for any excess/under consumption of cement. The penal rate will be twice the rate of issue of cement for this work.

7.f.8. All the running bills as well as the final bills will be accompanied by cement consumption statements giving the detailed working of the cement used, cement received and stock-on-hand.

7.f.9. The Contractor will be fully responsible for safe custody of cement once it is received by him and during transport. Owner will not entertain any claims of the contractor for theft, loss or damage to cement while in their custody.

7.f.10. The contractor shall not remove from the site any cement bags at any time.

7.f.11. The Contractor shall advise Engineer-in-charge/Site-in-charge in writing at least 21 days before exhausting the Cement stocks already held by Contractor to ensure that such delays do not lead to interruptions in the progress of work.

7.f.12. Cement shall not be supplied by the Owner for manufacturing of mosaic tiles, precast cement jali and any other bought out items which consume cement and for temporary works.

7.f.13. Cement in bags and in good usable condition left over after the completion of work shall be returned by the contractor to the Owner. The Owner shall make payment to the Contractor at the supply rate for such stocks of cement they accept and receive. Any refused stock of cement shall be removed by the Contractor from the site at his cost and expenses within 15 days of completion of the work.

8. PAYMENT OF CLAIMS AND DAMAGES

8.1. Should the Owner have to pay money in respect of claims or demands as aforesaid the amount so paid and the costs incurred by the Owner shall be charged to and paid by the Contractor and the Contractor shall not be entitled to dispute or question the right of the Owner to make such payments notwithstanding the same may have been without his consent or authority or in law or otherwise to the contrary.

8.2. In every case in which by virtue of the provisions of Workmen's Compensation Act, 1923, or other Acts, the Owner is obliged to pay Compensation to a



Workman employed by the Contractor in execution of the works, the Owner will recover from the Contractor the amount of compensation so paid and without prejudice to the rights of Owner under the said Act. Owner shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due to the Contractor whether under this contract or otherwise. The Owner shall not be bound to contest any claim made under Section 12 sub section (1) of the said Act, except on the written request of the Contractor and upon his giving to the Owner full security for all costs for which the owner might become liable in consequence of contesting such claim.

8.a. ACTION AND COMPENSATION IN CASE OF BAD WORK

If it shall appear to the Engineer-in-Charge/Site-in- Charge that any work has been executed with bad, imperfect or unskilled workmanship, or with materials, or that any materials or articles provided by the Contractor for execution of the work are not of standards specified/inferior quality to that contracted for, or otherwise not in accordance with the contract, the CONTRACTOR shall on demand in writing from the Engineer-in-Charge/ Site-in-Charge or his authorised representative specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified and at his own charge and cost and expenses and in the event of failure to do so within a period of 15 days of such intimation/ information/knowledge, the Contractor shall be liable to pay compensation equivalent to the cost of reconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner may by themselves or otherwise rectify or remove and re-execute the work or remove and replace with others, the materials or articles complained of as the case may be at the risk and expenses in all respects of the Contractor. The decision of the Engineer-in-Charge/ Site-in-Charge as to any question arising under this clause shall be final and conclusive and shall not be raised as a dispute or shall be arbitral.

8.b. INSPECTION AND AUDIT OF CONTRACT AND WORKS

This project is subject to inspection by various Government agencies of Government of India. The contractor shall extend full cooperation to all the Government and other agencies in the inspection of the works, audit of the Contract and the documents of Contract Bills, measurements sheets etc. and examination of the records of works and make enquiries interrogation as they may deem fit, proper and necessary. Upon inspection etc. by such agencies if it is pointed out that the contract work has not been carried out according to the prescribed terms and conditions as laid down in the tender documents and if any recoveries are recommended, the same shall be recovered from the contractors running bills/final bill/from ordered/suggested Security Deposit/retention money. The Contractor shall not rise any dispute on any such account and the same shall not be arbitral.

9. CONTRACTOR TO INDEMNIFY THE OWNER

The Contractor shall indemnify the Owner and every member, officer and



employee of the Owner, also the Engineer-in-Charge/Site-in-Charge and his staff against all the actions, proceedings, claims, demands, costs, expenses, whatsoever arising out of or in connection with the works and all actions, proceedings, claims, demands, costs, expenses which may be made against the Owner for or in respect of or arising out of any failure by the Contractor in the performance of his obligations under the contract. The Contractor shall be liable for or in respect of or in consequence of any accident or injury to any workmen or other person in the employment of the Contractor or his sub contractor and Contractor shall indemnify and keep indemnified the Owner against all such damages, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

10. LIQUIDATED DAMAGES

In case of delay in completing the work beyond the period of contract the contractor shall be liable to pay liquidated damages at the rate of 0.5% of the total contract value for every week or part thereof of the delay subject to a maximum of 5% of the total contract value. The liquidated damages shall be recovered by the Owner out of the amounts, payable to the Contractor or from the Guarantees or Deposits furnished by the Contractor or the Retention Money retained from the Bills of the Contractor. Should the amount of liquidated damages 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 24% p.a. interest till the date of payment.

11. DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY OWNER

The Contractor shall remain responsible and liable to make good all losses or damages that may occur/appear to the work carried out under this Contract within a period of 12 months from date of issue of the Completion Certificate and/or the date of Owner taking over the work, which ever is earlier. The Contractor shall issue a Bank Guarantee to the Owner in the sum of 10% of the work entrusted in the Contract, from any nationalized Bank acceptable to the Owner and if however, the Contractor fails to furnish such a Bank Guarantee the Owner shall have right to retain the Security Deposit and Retention Money to cover the 10% of the Guarantee amount under this clause and to return/refund the same after the expiry of the period of 12 months without any interest thereon.

12. TERMINATION OF CONTRACT

12.1 The owner may terminate the contract at any stage of the construction for reasons to be recorded in the letter of termination.

12.2 The Owner inter alia may terminate the Contract for any or all of the following reasons that the contractor

a) has abandoned the work/Contract.

b) has failed to commence the works, or has without any lawful excuse



under these conditions suspended the work for 15 consecutive days.

c) has failed to remove materials from the site or to pull down and replace the work within 15 days after receiving from the Engineer written notice that the said materials or work were condemned and/or rejected by the Engineer under specified conditions.

d) has neglected or failed to observe and perform all or any of the terms acts, matters or things under this Contract to be observed and performed by the Contractor.

e) has to the detriment of good workmanship or in defiance of the Engineer's instructions to the contrary sublet any part of the Contract.

f) has acted in any manner to the detrimental interest, reputation, dignity, name or prestige of the Owner.

g) has stopped attending to work without any prior notice and prior permission for a period of 15 days.

h) has become untraceable.

i) has without authority acted in violation of the terms and conditions of this contract and has committed breach of terms of the contract in best judgment of the owner.

j) has been declared insolvent/bankrupt.

k) in the event of sudden death of the Contractor.

12.3 The owner on termination of such contract shall have the right to appropriate the Security Deposit, Retention Money and invoke the Bank Guarantee furnished by the contractor and to appropriate the same towards the amounts due and payable by the contractor as per the conditions of Contract and return to the contractor excess money, if any, left over.

12.4 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.

12.5 The contractor within or at the time fixed by the Owner shall depute his authorised representative for taking joint final measurements of the works executed thus far and submit the final bill for the work as per joint final measurement within 15 days of the date of joint final measurement. If the contractor fails to depute their representative for joint measurement, the owner shall take the measurement with their Engineer-in-Charge/ Site-in-Charge or any other outside representatives. Such a measurement shall not be questioned by the Contractor and no dispute can be raised by the Contractor for purpose of Arbitration.



12.6 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 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.

12.7 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.

13. FORCE MAJEURE

13.1. Any delay in or failure of the performance of either part hereto shall not constitute default hereunder or give rise to any claims for damage, if any, to the extent such delays or failure of performance is caused by occurrences such as Acts of God or an enemy, expropriation or confiscation of facilities by Government authorities, acts of war, rebellion, sabotage or fires, floods, explosions, riots, or strikes. The Contractor shall keep records of the circumstances referred to above and bring these to the notice of the Engineer-in-Charge/Site-in-Charge in writing immediately on such occurrences. The amount of time, if any, lost on any of these counts shall not be counted for the Contract period. One decision of the Owner arrived at after consultation with the Contractor, shall be final and binding. Such a determined period of time be extended by the Owner to enable the Contractor to complete the job within such extended period of time.

13.2. If Contractor is prevented or delayed from the performing any of its obligations under this Agreement by Force Majeure, then Contractor shall notify Owner he circumstances constituting the Force Majeure and the obligations performance of which is thereby delayed or prevented, within seven days of the occurrence of the events.



14. ARBITRATION

14.1 All disputes and differences of whatsoever nature, whether existing or which shall at any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before after determination, foreclosure, termination or breach of the agreement (other than those in respect of which the decision of any person is, by the contract, expressed to be final and binding) shall, after written notice by either party to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided.

14.2 The appointing authority shall either himself act as Sole Arbitrator or nominate some officer of Hindustan Petroleum Corporation Limited (referred to as owner or HPCL) to act as Sole Arbitrator to adjudicate the disputes and differences between the parties. The contractor/vendor shall not be entitled to raise any objection to the appointment of such officer of the owner as the Sole Arbitrator on the ground that the said officer is an officer and/or shareholder of the owner or that he/she has to deal or dealt with the matter to which the contract relates or that in the course of his/her duties as an officer of the owner, he/she has/had expressed views on all or any of the matters in dispute or difference.

14.3 In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another Officer of the Owner to act as Arbitrator.

14.4 Such Officer nominated as Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or an Officer of the Owner nominated by the Appointing Authority, shall act as an Arbitrator.

14.5 The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement.

14.6 The work under the Contract shall, however, continue during the Arbitration proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings.

14.7 The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him and may also make interim award(s) if necessary.

14.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award



with reasons. The Award of the Sole Arbitrator shall be final and binding on both the parties.

14.9 Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or reenactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause.

14.10 The Contract shall be governed by and constructed according to the laws in force in India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all purposes. The Arbitration shall be held at Mumbai and conducted in English language.

14.11 The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation Limited

15. GENERAL

15.1. Materials required for the works whether brought by the or supplied by the Owner shall be stored by the contractor only at places approved by Engineer-in-Charge/Site-in-Charge. Storage and safe custody of the material shall be the responsibility of the Contractor.

15.2. Owner and/or Engineer-in-Charge/ Site-in-Charge connected with the contract, shall be entitled at any time to inspect and examine any materials intended to be used in or on the works, either on the site or at factory or workshop or at other place(s) manufactured or at any places where these are laying or from which these are being obtained and the contractor shall give facilities as may be required for such inspection and examination.

15.3. In case of any class of work for which there is no such specification supplied by the owner as is mentioned in the tender documents, such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard Specifications do not cover the same the work should be carried out as per standard Engineering practice subject to the approval of the Engineer-in-Charge/ Site-in-Charge.

15.4. Should the work be suspended by reason of rain, strike, lockouts or other cause the contractor shall take all precautions necessary for the protection of the work and at his own expense shall make good any damages arising from any of these causes.

15.5 The contractor shall cover up and protect from injury from any cause all new work also for supplying all temporary doors, protection to windows and any other requisite protection for the whole of the works executed whether by himself or special tradesmen or subcontractors and any damage caused must be made good by the contractors at his own expense.

15.6 If the contractor has quoted the items under the deemed exports, then it will be the responsibility of the contractor to get all the benefits under deemed exports from the Government. The Owner’s responsibility shall only be limited to the



issuance of required certificates. The quotation will be unconditional and phrases

like “subject to availability of deemed exports benefit” etc. will not find place in it.

16 CANCELLATION / RISK PURCHASE CLAUSE

1. The owner reserves the right to cancel this purchase order or any part thereof and shall be entitled to rescind the contract wholly or in a written notice to the vendor if:

(i) The vendor fails to comply with the terms of this purchase order. (ii) The vendor fails to delivery the goods on time and or replace the

rejected goods promptly. (iii) The Vendor becomes bankrupt or goes into liquidation (iv) The vendor makes a general assignment for the benefit of

Creditors.(v) A receiver is appointed for any of the property owned by the

vendor.

2. Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the Purchase Order and matters connected with it. The owner in that event will be entitled to procure the requirement in the open market and recover the excess payment over the vendor, agreed price, if any, from the vendor’s reserving to itself the right to forfeit the security deposit, if any made by the Vendor against the contract.

3. The vendor is aware that the said goods are required by the owner for the ultimate purpose of materials production and that non delivery may cause loss of production and consequently loss of profit to the owner. In this event of the Owner exercising the option to claim damages for non-delivery other than by way of difference between the market price and the contract price, the vendor shall pay to the owner the fair compensation to be agreed upon between the owner and the vendor.

4. The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of clause “Delayed Delivery “ as aforesaid .


SECTION-VSPECIAL CONDITIONS

OF CONTRACT


SECTION-V

SPECIAL CONDITIONS OF CONTRACT

5.1 GENERAL

5.1. Special Conditions of Contract shall be read in conjunction with the General Conditions of the Contract, specifications of work, drawing and any other document forming part of this contract wherever the context so requires.

5.1.2 Word ‘bid’ & ‘tender’, ‘bid document’ and ‘tender document’ and ‘Bidder’ and ‘Tenderer’ shall carry the same meaning.

5.1.3 Where any portion of the Special Conditions of Contract is repugnant to or at variance with any provisions of the General Conditions of the Contract then unless a different intention appears, the provision of the Special Conditions of contract shall be deemed to over-ride the provisions of the General Conditions of the contract only to the extent such inconsistencies of variations in the special conditions of contract as are not possible of being reconciled with the provisions of general conditions of contract.

5.1.4 The materials, design and workmanship shall satisfy the applicable standards, specifications contained here in and codes referred to. Where the Technical Specifications stipulate requirements in addition to those contained in the standard codes and specifications, those additional requirements shall be satisfied.

5.1.5 In case of contradiction between General conditions of contract, Special conditions of contract, Scope of work, Technical specifications, Drawings, the following shall prevail in order of precedence.

i) Scope of work including telex/ telegram of intent, detailed letter of intent along with statement of agreed variations and its enclosures.

ii) Special Conditions of Contractiii) Technical specifications.iv) Drawingv) General Conditions of Contract

5.2 SCOPE OF WORK

The scope of work covered in this tender shall be as specified in the Section of



Technical Specification and Scope of Work and as mentioned elsewhere in this tender document. It is, however, understood and confirmed by the contractor that the scope as described in the tender document is not limiting in so far as the responsibilities of the contractor shall include inter-alia, carrying out any and all works and providing any and all facilities those are required in accomplishing an operating system, complying fully with all requirements as are envisaged of it, complete in all respect and satisfying all performance and guarantee requirements stated or implied form the contents of the tender document. The contractor shall make all required liaisoning with the concerned power utilities for interconnection of the wind farm with the State Grid, so as to export the power from wind farm. The contractor shall get tested all required equipments from the power utility (like CT, PT, Meter, etc) well before commissioning of the wind farm, so as to avoid any delay in export of power.

5.3 STANDARDS / TYPE CERTIFICATIONThe WEG offered by the bidder shall be of type tested design bearing certification of International recognized agencies like RISO-Denmark, DEWI-Germany, Germanischer Lloyd-Germany, NREL-USA,CIWI-Germany, C-WET- India, etc.

The Bidders are required to study carefully the conditions of the tender, the enclosed specifications and the provisions of the relevant BIS/ISS and other specifications where necessary before submitting the bids. Technical particulars of the material offered must comply with the standard or other applicable specifications and the relevant provisions of the BIS/ISS. In case tenders are called for ISI marked stores, the material ‘ISI’ marked only shall be accepted.

The contractor shall perform the contract work in accordance with all applicable codes, statutory regulations and established practices. It is agreed and understood by and between the parties hereto that the contractor shall comply with applicable laws, rules, regulations and by-laws whether now in force or which may hereinafter come in force during the currency of the contract and/or extension thereof.

5.4 GUARANTEED TECHNICAL PARTICULARS

Complete literature and specifications of the material offered must accompany the tender.

Wherever it is mentioned in specifications /drawing/other documents or instructions that the contractor shall perform certain work and/or provide certain facilities, it is understood that the contractor shall do so at his own cost.

5.5 GUARANTEE



The material offered shall be guaranteed by the Bidder for use and services for a period of 24 months from the date of commissioning. Any part found defective during its operation shall have to be replaced / repaired free of cost.

5.6 O&M PERFORMANCE GUARANTEE

The Bidder will submit a bank guarantee after 23 (Twenty three months) months of commissioning i.e. at the start of O&M period before the expiry of performance guarantee of warranty period for an amount equivalent to 20 % (Twenty percent) of estimated annual generation at the rate of purchase of wind power for the year covered in PPA with MSEDCL. Every year a fresh bank guarantee will be submitted by the Bidder before the expiry of earlier bank guarantee or the existing bank guarantee can be extended annually till the O&M contract remains with the Bidder.

5.7 STORAGE FACILITY

Material received at the site should be stored in premises arranged by the bidder. Bidder shall be responsible for safety of material stored, which shall be adequately insured. Insurance charges shall be borne by the bidder.

5.8 TRANSIT LOSSES / DAMAGESAll goods will be delivered at the destination in good condition. The supplier has to insure valuable goods against loss by theft, destruction or damage by fire, flood, under exposure to weather or otherwise viz (war, rebellion, violence). The insurance charges shall be borne by the bidder.

5.9 ACCEPTANCE OF CONDITIONSThe bidder shall sign these conditions on each page at the end in token of acceptance of all the terms and it would be attached with the tender along with the declaration. He should also sign at the bottom of each page of the tender document.

5.10 TESTS / INSPECTIONAll standard tests in accordance with the standards adopted shall be carried out at the manufacturers works on all the equipment and accessories covered by this specification so as to ensure efficient operation and satisfactory performance of all the component/parts. The Bidder shall furnish a complete list and details of all such tests to be conducted on different equipment. The Bidder will furnish quality assurance plan/ schedule of testing so that HPCL may associate its technical expert to witness the tests if it wishes. The Bidder shall in any case furnish all test/inspection reports.



Any special test to be performed shall be mutually agreed upon between the Bidder and HPCL with sufficient notice to the Bidder.

I. All equipment shall be further tested at site, as recommended, before commissioning.

II. The work is subject to inspection at all times and at all places by the Engineer-in- Charge or HPCL’s Technical Consultant. The Bidder shall carry out all instructions given during inspection and shall ensure that the work is being carried out according to the relevant codes of practice during the performance of the work.

III. The decision of the Engineer-in-charge in regard to the quality of work and materials and adherence to the specifications and drawings shall be final.

If any item is rejected during test/inspection, the same shall be replaced by Bidder without any additional cost, at the earliest

5.11 SALES TAX CLEARANCESThe bidder shall submit Sales Tax Registration Number.

5.12 OPERATION & MAINTENANCE

The successful bidder will have to operate & maintain the Wind Power Project for 20 years from the date of commencement of Commercial Production.

5.13 DISQUALIFICATION

If a Bidder imposes conditions which are in addition to/or in contravention with the conditions mentioned herein, his tender is liable to be rejected. In any case none of such conditions will be deemed to have been accepted unless specifically mentioned in the letter of acceptance of tender issued by HPCL.

Direct or indirect canvassing on the part of the Bidder or his representatives will be deemed as a disqualification.

5.14 CHANGE IN CONSTITUTION

In any case in which any of the powers conferred upon the company shall have become exercisable and the same had not been exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any further case of default by the contractor.



5.15 ASSET TRANSFER

Should at any time during the currency of O & M contract the HPCL decide to sale / transfer the assets of wind farm to their sister company or any other company, all the agreed terms & conditions will remain the same for the new company. The contractor will provide all the services as per contract awarded.

ADDENDA/CORRIGENDA

Addenda/Corrigenda to the tender document can be issued in duplicate prior to the date of opening of the tenders to clarify documents or to reflect modifications in the design, drawing, specifications or contract terms. Each recipient will retain one copy of each addendum/corrigendum and submit the other copy duly signed with his offer. All addenda/corrigenda issued by the company shall become part of the tender document

5.16 QUALIFYING REQUIREMENTS

The following are the qualifying requirements for the Bidder. Bids, which do not meet the listed requirements/non submission of the documents, may not be considered for financial evaluation.

5.16.1 ORGANIZATION

(i) In case the Bidder is a Partnership Firm, certified copy of the partnership deed together with a certified extract from the registrar of firms containing names & addresses of all the partners of the firm should be furnished along with the offer.

(ii) In case of Company (whether private or public), certified copy of the "Certificate of Incorporation" together with certified Memorandum and Articles of Association & a list containing names & address of all Directors should accompany the offer.

(iii) In case of Proprietorship Firm, the name & address of Proprietor should be furnished.

(iv) In case of consortium, the lead/major/minor partner of the consortium shall be identified clearly. The roles and responsibility of the entire consortium partner shall be identified and indicated in clear terms. The bidder shall submit the original copy of the agreement executed in legally bound manner stating the responsibility of all the members of consortium. The lead and major members of the consortia shall be liable jointly and severally for successful completion of the contract.



5.16.2 Technical & Financial Capability (To be filled in Bid Response Sheet No. 2, 2A, 3 & 3A)

(i) Must have an experience of installing and successful operation of at least 5 MW (10 MW capacity if bidding for both the parts) aggregate capacity wind power plants in last three years from the due date of submission of offer.

(ii) Individual WEGs offered under this Bid must be 600 kW or above of proven design.

(iii) The WEG offered should have valid type test certification and certified power curve (in graphics as well as tabular form) from RISO Denmark / DEWI- Germany Germanischer LLOYD- Germany / Netherlands (CIWI)/USA(NREL)/C-WET or any approved International Agency. Certified copies of type test reports of the offered model shall be furnished.

(iv) The net worth of the bidder in the last three financial years i.e 2003-04, 2004-05 & 2005-06 shall be positive. Bidder with negative net worth shall not be considered.

(v) Average annual turnover of the bidder for the last three financial years i.e 2003-04,2004-05 & 2005-06 shall not be less then Rs 50 Crores.

(vi) Must have the experience of O&M of wind farms having capacity of 10MW for above for the preceding three years from the due date of submission of offer.

5.17 RESPONSIBILITY OF THE BIDDER

5.17.1 All miscellaneous expenses including those incurred towards mobilization at site and demobilization including bringing in equipment, work force, materials, dismantling the equipment, clearing the site after completion of work and liaison for interconnection of windfarm with the State Grid with concerned departments etc. shall be deemed to be included in the prices quoted and no separate payments on account of such expenses shall be entertained.

5.17.2 The procurement and supply, in sequence and at the appropriate time, of all materials and consumables shall be entirely the Bidder's responsibility and his rates for execution of work will be inclusive of supply of all these items.



5.17.3 Bidder may have to work in energized or partly energized conditions. In such cases, it shall be responsibility of the Bidder to arrange for necessary permits or shuts downs and provide skilled and responsible persons for the execution of works. Bidder shall organize his works during the shut down periods properly and complete the programmed works within the time given. Bidder shall not be paid any extra payments for working under the above said circumstances.

5.17.4 It shall be entirely the Bidder's responsibility to provide, operate and maintain all necessary construction equipments, scaffoldings and safety gadgets, cranes and other lifting tackles, tools and appliances to perform the work, in a workman like and efficient manner and complete all the jobs as per time schedules.

5.17.5 The procurement and supply, in sequence and at the appropriate time, of all CONSTRUCTION materials shall be entirely the Bidder's responsibility and his rates for execution of work will be inclusive of supply of all these items.

5.18 PROJECT COMPLETION PERIOD

The project shall be commissioned in all respect on before 31.12.2006. The Bidder shall submit an activity plan indicating milestones and resource deployment plan with reference to zero day.

5.19 EXTENSION OF COMPLETION PERIOD

5.19.1 Failure or any delay by the Corporation due to any cause whatsoever shall in no way effect or vitiate the contract or alter the character thereof or entitle the contractor to damages or compensation thereof provided that the Corporation may extend the time for completion of the work by such period as it may consider necessary or proper.

5.19.2 If the contractor shall desire an extension of the time for completion of the work on the grounds of his having been unavoidably hindered in its execution or the work has been materially increased by the company or other such grounds , he shall apply in writing to the engineer in-charge within ten days of the date of occurrence of event on account of which he desires , such extension as aforesaid , and the Engineer – In charge shall ,if in his opinion (which shall be final) reasonable grounds have been shown thereof, authorizes such extension of time as may be, in his opinion be necessary or proper. Whenever such extension is granted by the engineer in-charge, this would be without prejudice to the company's right under this contract.

5.20 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK

If at any time from the commencement of the work HPCL shall for any reason



whatsoever not require the whole work or part thereof as specified in the tender to be carried out or, alteration in the work are required, the Engineer-In charge shall give notice in writing of the fact to the Bidder, who shall have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full or prior to alteration.

5.21 BIDDER’S OFFICE AT SITE

During the execution of the contract the Bidder shall ensure responsible person with authority to take decisions to be available at site. Such person deputed by the Bidder shall report to the Engineer in-charge for smooth execution and timely completion of the work. The Bidder shall provide and maintain an office at the site and such office shall be open at all reasonable hours to receive instructions, notices or other communications.

The Bidder shall be responsible for any misconduct/indiscipline by his or his subcontractor’s employees. The Bidder shall abide by the instructions of the Engineer-in- Charge, if given in this regard. Suitable office accommodation for HPCL’s Engineers/ Technical Consultants shall be provided at site by the successful Bidder.

5.22 SUB-LETTING OF WORK

1. No part of the contract nor any share or interest thereof shall in any manner or degree be transferred, assigned or sublet, by the Contractor, directly or indirectly to any firm or corporation whatsoever, without the prior consent in writing of the HPCL.

2. At the commencement of every month the Contractor shall furnish to the Engineer-in- charge/Site-in-Charge list of all sub-contractors or other persons or firms engaged by the Contractor.

3. The contract agreement will specify major items of supply or services for which the Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor may from time to time propose any addition or deletion from any such list and will submit the proposals in this regard to the Engineer-in-charge/Designated officer-in-charge for approval well in advance so as not to impede the progress of work. Such approval of the Engineer-in- charge/Designated officer-in-charge will not relieve the contractor from any of his obligations, duties and responsibilities under the contract.

4. Notwithstanding any sub-letting with such approval as resaid and notwithstanding that the Engineer-in-Charge shall have received copies of any sub-contract, the Contractor shall be and shall remain solely to be responsible for the quality and proper and expeditious execution of the works and the performance of all the



conditions of the contract in all respects as if such subletting or sub-contracting had not taken place and as if such work had been done directly by the Contractor.

5. Prior approval in writing of the HPCL shall be obtained before any change is made in the constitution of the contractor/Contracting agency otherwise contract shall be deemed to have been allotted in contravention of clause entitled “sub-letting of works” and the same action may be taken and the same consequence shall ensue as provided in the clause of “subletting of works”.

5.23 POWER OF ENTRY

5.23.1 During the contract period, HPCL will have all the rights for entry and access to the project site and to any place where work in connection with the contract is being carried out or is intended to be carried out.

5.23.2 In case the contractor does not commence the work in the manner described in the contract documents or if he shall at any time in the opinion of the Engineer in charge:

i) Fail to carry on the works in conformity with contract document /schedule or

ii) Substantially suspend work or the works for a continuous period of 15 days without permission from the engineer in charge, or

iii) Fail to carry on and execute the works to the satisfaction of the engineer in charge, or

iv) Commit or suffer or permit any other breach of any of the provisions of the contract on his part to be performed. or

v) If the contractor abandons the works, or

vi) If the Bidder during the continuance of the contract becomes bankrupt.

In any of such events, HPCL shall have the power to enter upon the works and take possession of the materials, temporary works, equipment, tools and stocks thereon, and to revoke the Bidder’s license to complete the work.

5.24 USE OF COMPLETED PORTIONS:

5.24.1 Whenever in the opinion of HPCL, the work or any part thereof is in a condition suitable for use and in the best interest of HPCL requires use, HPCL may take possession of the same. The Bidder shall, however be, not relieved of his pending obligations pertaining to the portion of work taken over for use.

5.24.2 Prior to the date of final acceptance of the work by HPCL, all necessary repairs



or renewals in the work or part thereof so used on account of defective materials or workmanship or due to the operations failure except normal wear & tear shall be at the expenses of the contractor. Such use shall neither relieve the contractor or any of his responsibilities under the contract, nor act as waiver by HPCL of the conditions thereof. However, if in the opinion of HPCL the use of the work or the part thereof delays the completion of the remainder of the work, HPCL may grant such extensions of time as it may consider reasonable. The decision of HPCL in the matter shall be final. The contractor shall not be entitled to claim any compensation on account of such use by HPCL.

5.25 POWER OF THE ENGINEER-IN-CHARGE TO ORDER SUSPENSION OF WORKThe Engineer-in-charge may, from time to time by direction in writing and without invalidating the contract, order the contractor to suspend the work or any part thereof at such time or times and for such reasons as he may consider necessary. After such directions to suspend the work or any part thereof has been given, then proceed with the work or part thereof, directed to be suspended until he receives a written order from the Engineer-in-charge to so proceed. In the event of suspension, the company may under the provisions of the contract, extend the time for completion of the work or part thereof by such period as it may find reasonable. The decision of the company in the matter shall be final and binding on the contractor.

5.26 PAYMENTSTerms of payments for supply / erection of equipment/ Material, approval of Nodal agency & Power Purchase agreement, etc are as follows:

i) 10% of the total contract value on submission copy of Sanction Order of Nodal Agency & MSEDCL, furnishing of configuration of WEGs and details of micrositing of Wind farm.

ii) 60% of contract value on receipt of material at site & foundation work in the following manner:

(a) On completion of tower foundation - 10%(b) On receipt of Tower - 10%(c) On receipt of Nacelle - 25%(d) On receipt of Rotor Blades & -15% Assembly Contractor shall be solely & fully responsible for any losses/damages/claims etc. if any to the equipment / machinery / installations till the project is commissioned as per the tender terms & conditions and contractor will indemnify HPCL against any losses/claims etc.

iii) Next 20% on commissioning of the project and signing of Energy



Purchase Agreement (EPA).

iv) Final 10% payment shall be released after successful stabilization operation of wind farm and short term test run of each WEG for 96 hrs. for 100% availability of the WEG or 90 days from the date of commissioning, which ever is later.

5.27 PAYMENT PROCEDURE

i) The Bidder shall submit the bills for claim in Quadruplicate. The payment shall be made after verification of the bill by the Engineer In-charge.

ii) It is expressly understood that the withdrawal of payment by the contractor in the manner specified will not be construed as the fulfillment of the contractor's obligations either in part or whole under the contract and that the contractor shall continue to remain responsible to HPCL until all the obligations under the agreement have been fulfilled.

5.28 RATES TO BE INCLUSIVE

5.28.1 The rates quoted by the Bidder shall remain firm and fixed and binding till the issue of completion certificate and shall not be subject to escalation. Rates shall be deemed to include and cover all costs, expenses, taxes, duties, levies, royalties, foreign exchange variation, etc. and liabilities of every description and all risk of every kind to be taken in execution, completing and handing over the work to HPCL by the Bidder except service tax which shall be paid extra at actuals basis prevailing service tax rate. Any item or work not specifically mentioned in the ITB but essential for successful execution of the project, successful running of plant & machineries and operation & maintenance will be deemed to have been included in the offered cost of the Bidder and shall not be paid extra by HPCL. HPCL shall be deducting income tax, as applicable & other applicable taxes as per the prevailing rates from the bills of the Bidder. HPCL shall not be responsible for any such liability on the Bidder in respect of this contract and exclusion of any applicable taxes at prescribed rates due to ignorance or otherwise shall not form a reason for claiming anything extra at a later date.

5.28.2 The Bidder shall guarantee the installation for a period of 24 (Twenty four) months from the date of issue of completion certificate by HPCL. Any damage or defect that may arise or lie undiscovered at the time of issue of completion certificate, connected in any way with the equipment or materials supplied by him or in the workmanship shall be rectified or replaced by the Bidder at his own expenses as deemed necessary by the Engineer-in-Charge or in default, the Engineer-in-Charge may cause the same to be made good by other workman and deduct expenses (of which the certificate of Engineer-in-Charge shall be final) from any sums that may be then or at any time thereafter,



become due to the Bidder or from his security deposit.

5.28.3 If the Bidder feels that any variation in work or in quality of materials would be beneficial or necessary to fulfill the guarantee called for, he shall bring this in writing to the notice of the Engineer-in-charge.

The rates quoted should be inclusive of all taxes & duties etc as applicable on the date of opening the bid for the materials delivered at site. Any increase in statutory levies during currency of contract shall be paid in actual on furnishing of proof of such increase. For any reduction in statutory levies during currency of contract the benefit on this account shall be passed on to HPCL.

5.29 DEFECTS PRIOR TO TAKING OVER:5.29.1 If at any time before the work is taken over, the Engineer- in charge shall:

i) Decide that any work done or materials used by the Bidder or his sub-contractor is defective or not in accordance with the contract, or that the works or any portion thereof are defective, or do not fulfill the requirements of contract ( all such matters being hereinafter, called `Defects’ in this clause) and

ii) As soon as reasonably practicable notice given to the contractor in writing of the said decision specifying particulars of the defects alleged to exist or to have occurred then the contractor shall at his own expense and with all efforts would make good the defects so specified.

iii) In case the Bidder shall fail to do so, HPCL may take, at the cost and risk of the Bidder, such steps as may in all circumstances be reasonable to make good such defects. The expenditure so incurred by HPCL will be recovered from the amount due to the Bidder. The decision of the Engineer-in charge with regard to the amount to be recovered from the Bidder will be final and binding on the Bidder. As soon as the works have been completed in accordance with the contract and have passed the tests on completion, the Engineer-in-charge shall issue a certificate in which he shall certify the date on which the works have been so completed and have passed the said tests and HPCL shall be deemed to have taken over the works on the date so certified.

iv) All the aforesaid safeguards/rights provided for HPCL shall not prejudice its other rights/remedies elsewhere provided herein and/or under law.

5.30 DEFECTS AFTER TAKING OVER:



5.30.1 In order that the contractor could obtain a completion certificate, he shall rectify any defect arising from the defective materials supplied by the contractor or workmanship or any act or omission of the contract or that may have been noticed or developed after the works or group of the works has been taken over, the period allowed for carrying out such works will be normally 15 days. If any defect be not remedied within a reasonable time HPCL may proceed to do the work at contractors risk and expense and deduct from the final bill such amount as may be decided by HPCL.

5.30.2 If by reason of any default on the part of the contractor a completion certificate has not been issued in respect of every portion of the works within one month after the date fixed by the contract for the completion of the work, HPCL shall be at liberty to use the works or any portion thereof in respect of which a completion certificate has not been issued , provided that the works or the portion thereof so used as aforesaid shall be afforded reasonable opportunity for completion of these works for the issue of completion certificate .

5.30.3 All the aforesaid safeguards /rights provided for HPCL shall not prejudice its other rights/remedies elsewhere provided herein and/or under law.

5.31 COMPLETION CERTIFICATE5.31.1 On completion of work the Bidder will apply to the Engineer in- charge

for the issue of completion certificate and the same will be issued within 30 (thirty) days of the completion of work in all respects, after verifying from the completion documents and satisfying himself that the work has been completed in accordance with details set out in the construction and erection drawings, technical specifications and the contract documents. No completion certificate shall be given nor shall the work be deemed to have been completed until the export of generated wind power is commenced and commissioning certificate issued by SEB and all scaffolding, surplus materials and rubbish is cleaned off the site completely.

5.31.2 Following documents will form the completion certificate:

a) The technical documents according to which the work was carried out.

b) Four sets of as built drawings showing therein the modification and corrections made during the course of execution signed by the Engineer in-charge.

c) Certificates of tests performed for various works.

d) Materials appropriation statement for the materials issued, if any, by the Corporation and list of surplus material returned to the owner’s store duly supported by necessary documents.



e) Statutory clearances / permissions.

f) Payment of all statutory duties, taxes, labour wages & others. (The document (s) having evidence of paying statutory duties, taxes etc. as per requirement of concerned statutory authorities).

g) Performance certificate issued by the Engineer-in charge on satisfactory continuous operation of machine for one month, as per C.E.A guidelines.

h) Copy of certified initial meter reading of main meter and back up meter signed by power utility, etc.

5.32 INSURANCE

5.32.1 Contractor shall at his own expense effect insurance to the supplies, transit, personnel and all other related to the satisfaction of the company as follows including all third party risks. A copy of all such policies will be given to the company along with proof of premium paid.

i) Insurance to cover marine transit cum storage cum erection cum commissioning policy.

ii) Insurance to cover third party liability

iii) Workmen compensation and /or group personal accidents Insurance policy covering all its employees and works including of the sub contractor.

iv) Contractor shall take out Insurance to cover all risks to HPCL for each of his vehicles plying on works of this contract and these insurances shall be valid for the total contract period. No extra payment will be made for this insurance. HPCL 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 would apply.

v) Contractor shall within two weeks after award of contract insure the Works, Plant and Equipment and keep them insured until the final completion of the Contract against loss or damage by accident, fire or any other cause with an insurance company to be approved by the Employer/Consultant in the joint names of the Employer and the Contractor (name of the former being placed first in the Policy). Such Policy shall cover the property of the Employer only.

5.32.2 Contractor shall also effect and maintain any and all other insurance, which he may be required under any law or regulation or practice from time to time.

5.32.3 The Contractor shall take all reasonable pre-cautions to prevent fire of any



nature in the general vicinity of his operations and he shall be responsible for all damage from fires due directly or indirectly.

5.33 TESTS & INSPECTION

5.33.1 All standard tests in accordance with the standards adopted shall be carried out at the manufacturers works on all the equipment and accessories covered by this specification so as to ensure efficient operation and satisfactory performance of all the component/parts. The Bidder shall furnish a complete list and details of all such tests to be conducted on different equipment. The Bidder will furnish quality assurance plan/ schedule of testing so that HPCL may associate his technical expert to witness the tests if he wishes. The Bidder shall in any case furnish all test/inspection reports.

5.33.2 Any special test to be performed shall be mutually agreed upon between the Bidder and HPCL with sufficient notice to the Bidder.

1. All equipment shall be further tested at site, as recommended, before commissioning.

2. The work is subject to inspection at all times and at all places by the Engineer-in-Charge or HPCL’s Technical Consultant. The Bidder shall carry out all instructions given during inspection and shall ensure that the work is being carried out according to the relevant codes of practice during the performance of the work.

3. The decision of the Engineer-in-charge in regard to the quality of work and materials and adherence to the specifications and drawings shall be final.

4. If any item is rejected during test/ inspection, the same shall be replaced by Bidder without any additional cost, at the earliest.

5.34 GUARANTEES / WARANTIES

5.34.1 The manufacturer's guarantee for all items supplied shall be made available to HPCL and shall be valid at least for the entire defect liability period. If manufacturer's guarantees are not made available to HPCL, the Bidder shall guarantee the items supplied for the entire defect liability period. However, in case the manufacturer's guarantee period is in excess of the defect liability period, the Bidder shall pass on such guarantees for such excess period to HPCL.

5.34.2 Any material and/or equipment and/or accessories which shall prove defective or which shall fail to meet the desired design guarantee or performance guarantee during the defects liability period, the Bidder shall replace at his own cost that material and/or equipment and/or accessories with another make approved by HPCL. Manufacturer's/Bidder's guarantee for such



replaced equipment shall also be made available to HPCL and should be kept valid at least for one year from the date of last replacement.

1. The Bidder shall guarantee all the installation for a period of 24(Twenty four) months from the date of issue of completion certificate. Any damage or defect, that may arise after or remain undiscovered at the time of issue of completion certificate, same shall be rectified or replaced by the Bidder at his own expense as deemed necessary by the Engineer-in-Charge. This guarantee shall be applicable for the quality of works executed as well as for the equipment/fittings supplied by the Bidder. HPCL reserves their right to call for required guarantee directly by the manufacturer/ Bidder's collaborator/ Associate/ sub-contractor through suitable agreement.

2. The Bidder shall provide a Bank Guarantee towards performance guarantee equivalent to 10 (ten) % of the total contract value valid upto one month beyond completion of warranty period i.e. (25 months)

3. All statutory approvals for the works (from EB/Electrical Inspector or any other approval required as per applicable law, rules thereof) shall be obtained by the Bidder. All fees payable to statutory authorities for such approvals will be borne by Bidder only. The approvals shall be taken well ahead, so that the actual commissioning of equipment is not delayed for want of inspection by the inspector and necessary co-ordination and liaison work in this respect shall be the responsibility of the Bidder.

5.34.3 The Inspection and acceptance of the work as above shall not absolve the Bidder from any of his responsibility under this contract.

5.34.4 All fee / charges payable to any statutory authority during execution of project shall be borne by the Bidder.

5.34.5 The Bidder shall be responsible for interconnection of windfarm with the State grid, so as to export power from windfarm. The date of commissioning will not be considered prior to interconnection of windfarm with the State grid. Therefore, the Bidder should make all efforts for installation of metering equipment, etc, and carry out the inter connection prior to the final commissioning of the windfarm.

5.35 STATUTORY APPROVAL OF WORKS

5.35.1 All statutory approvals for the works (from power utility/Electrical Inspector or any other approval required as per applicable law, rules thereof shall be obtained by the Bidder. The statutory fees applicable till warranty period shall be included in the offered price.



5.35.2 The Inspection and acceptance of the work as above shall not absolve the contractor from any of his responsibility under this contract.

5.35.3 For all aspects relating to grid availability of less than 95% if any, due credit in form of lull hours will be allowed in computation of the PCGG.

5.35.4 If any penalty/levy becomes payable to the State Electricity Authorities on account of low power factor of the wind farm, the same has to be borne by the contractor only.

5.35.5 All fee / charges payable to any statutory authority on account of operation & maintenance of wind farm shall be borne by the contractor during the warranty period of the contract.

5.35.6 The contractor shall be responsible for interconnection of wind farm with the State grid, so as to export power from wind farm. The date of commissioning will not be considered prior to inter connection of wind farm with the State grid. Therefore, the contractor should make all efforts for installation of metering equipment, etc, and carry out the inter connection prior to the final commissioning of the wind farm.


SECTION-VISPECIAL CONDITIONS FOR

OPERATION&

MAINTENANCE (O&M) OF

WINDFARM


SECTION VI

SPECIAL CONDITIONS FOR OPERATION & MAINTENANCE (O&M) OF WIND POWER PLANT

6.1 PERIOD OF O & M

The Bidder shall be responsible for operation and maintenance of the wind power plant for a period of twenty (20) years from the date of successful commissioning of project (i.e. date of issue of completion certificate by HPCL).

The Bidder shall quote for first 10 years (including initial two years of free O & M) of O & M for the wind farm. The O & M charges from 11 th year to 20th year shall be finalized mutually during 10th year.

6.2 BATTERY LIMITThe battery limit for Bidder during the period of O&M contract shall cover complete wind power plant and power evacuation system upto metering point .

The Bidder shall be responsible for supply of all spare parts, repairs / replacement of any defective equipment/s at his cost as required from time to time, schedule and preventive maintenance, major overhauling of the plant, maintaining log sheets for operational detail, deployment of staff for continuous operations and qualified engineer for supervision of O&M work, all fees and charges required to be paid time to time to various government agencies. HPCL shall not pay any amount except the agreed O&M charges.

6.3 SCOPE OF WORK

Operator shall perform all day to day operation and maintenance for the Wind Power Project as set forth herein. Operator shall perform the work and supply all required spare parts in a prudent and efficient manner and in accordance with the following:

a. Manufacturers and systems designers' specifications, the Annual Operating Plan for the Plant and all operation and maintenance manuals.

b. All applicable laws of the land including environmental protection, pollution, sanitary, employment and safety laws, ("Government Rules").



c. Prudent Utility Practice.

Operator shall use all reasonable and practical efforts

a. To maximize plant capacity utilization,

b. To optimize the useful life of the equipment of the power plant,

c.To minimize plant downtime.

The Operator shall perform the following obligations prior to takeover of the O&M activity:

a.Prepare Mobilization plan in consultation with the HPCL

b.Provide the services and personnel set forth in the Mobilization Plan

c.Prepare in consultation with the HPCL, the initial Annual Operating Plan

d.Develop and implement plans and procedures including those for fire fighting, maintenance planning, procuring and inventory control of stores and spares, plan to meet emergencies, plant safety and security; and such other facilities and systems as may be necessary to commence Operator's ongoing responsibilities.

After taking over the activity of O&M for the power plant, the Operator shall be responsible for the operation and maintenance of the plant and shall perform all necessary services including applicable services listed below:

a. Provide all operations and maintenance services necessary and advisable to efficiently operate and maintain the plant, including all associated and appurtenant mechanical and electrical equipments keeping in view the objectives set-forth herein above.

b. Maintain at the Plant accurate and up-to-date operating logs, records and Monthly reports regarding the operation and maintenance of the Plant which shall include detail of power output, other operating data, repairs performed and status of equipment, all such records to be maintained for a minimum of forty two (42) months after the creation of such record or data and for any additional length of time required by regulatory agencies with jurisdiction over the Parties. Upon expiry of term, the operator shall hand over such records to the HPCL, however, HPCL shall have access to all such records at any time.

c.Regularly update and implement an equipment repair or replacement and preventive maintenance program that meet the specifications of the equipment manufacturers and the recommendations of the manufacturers.

d. Perform periodic overhauls or preventive maintenance required for the Plant in accordance with the recommendations of equipment manufacturers. Also attend break down and other maintenance in the Plant.

e. Provide technical & engineering support for solving operation and maintenance problems.



f. Perform the services required to procure all spare parts, or equipment/s as required, overhaul of parts, tools and equipment, required to operate and maintain the Plant in accordance with the recommendations of individual original equipment manufacturer.

g. Operate and maintain Plant fire protection and safety equipment.

h. Maintain with the assistance of the HPCL, accounting records regarding the facility in accordance with the generally acceptable accounting principles under the Laws of India.

6.4 PERSONNELThe Operator shall employ only such personnel who are adequately qualified and experienced for operating and maintaining such power generating sets. The Operator shall ensure that such personnel are on duty at the plant at all times, twenty-four (24) hours a day and seven (7) days a week commencing from the Date of Commercial Operations.

6.5 AVAILABILITY OF MACHINE & INTERNAL EVACUATION SYSTEM

6.5.1 The operator shall guarantee for minimum 95% (ninety five percent) machine availability and a minimum 98% Internal Evacuation System availability on annual basis for entire period of O & M of WPP.

6.5.2 Pre Determined Mutually Agreed Damages

In case of the machine availability is less than the minimum guaranteed value of 95%, then the contractor shall pay to the owner pre-determined mutually agreed damages in the following manner:

(a) For machine availability ranging between 95% to 90%: 2% of O&M charges for every 1% fall in machine availability.

(b) For machine availability below 90%: Actual revenue loss as per buy back rate.

(c) The recovery on this account will be made quarterly but will be adjusted at the end of the year for the whole year.

The total liability on this account will be limited to the annual O & M charges for each year.

6.5.3 Machine Availability:

Machine Availability shall be calculated by the following formula:

Percentage ofm/c availability =

No. of hours m/c available for generation X 100- (8760 – Grid failure- Force majeure)



Grid failure includes outage of SEB’s evacuation system and load shedding if any, by State Power Controller.

No. of hours machine available for generation =

Total no. of hours in a year(8760) – Grid Failure – Force majeure- Scheduled Maintenance – Break down maintenance, if any.

6.6 GUARANTEE FOR REACTIVE POWER

It shall be the responsibility of the O&M contractor to maintain minimum power factor of the wind farm as per the requirement of State grid / Discoms so as to minimize reactive power (VAR) drawal from MSETCL/ MSEDCL . If state grid company penalizes HPCL for lower power factor / VAR drawl from the grid, penalty at actual amount shall be deducted from the O&M contractor bills / outstanding contractor’s credit amount.

6.7 LIAISONING

It shall be the responsibility of the contractor to liaison with the following authorities:

(a) Liaisoning with State Government(b) Liaisoning with State Power Utilities(c) Liaisoning with State Renewable Agency(d) Any other department / agency as may be

required.

6.8 INSURANCEIn addition to the Insurance Clauses outlined under General terms and Conditions of Contract the Bidder shall cover the following:

It is the responsibility of the Bidder to operate and maintain the windfarm and its all the equipments in perfect condition at his own cost for the entire period of 20 (twenty) years for which HPCL shall pay the agreed Comprehensive O&M charges only. The replacement / repair / modification of any / all equipment have to be carried out by the Bidder at his own cost for the entire period of contract. HPCL shall not be responsible for any break down / failure of any equipment to any reason thereof including fire due to short-circuit, theft and lightning. Bidder shall take the Machine breakdown (MBD) policy.

Bidder shall assist to take any other insurance policy if so desired by HPCL, for which payment will be reimbursed by HPCL as per actual.

6.11 MEASUREMENT OF ENERGY AND METERINGMetering Systems:



Specifications of all the components of metering system which includes meter, CT/PT unit, telemetering equipments if required by EB, cable, meter box etc. shall be according to the requirement of EB. The accuracy of the meter shall be of 0.2 class or better. The meter shall be electronic, four- quadrant type suitable for measurement of active and reactive energy in both export and import mode.

Measurement of energy:Routine monthly meter reading and resealing shall be arranged by EB authorities and will be witnessed, recorded and signed jointly with HPCL or its authorized Operator. HPCL or its authorized Operator shall maintain proper record of joint meter reading measurement book.

6.11.1 Testing of Meters

Authorised officials of EB may visit metering premises any time for surprise inspection and also for routine testing, calibration, resealing to check healthiness of metering system. All observations of such visit shall be properly recorded and jointly signed by HPCL or its authorized Operator.

The testing of metering system shall be done at proper interval in accordance with relevant IS/IE Rules/ EB’s Standards.

In case, at any time the Operator finds any discrepancy in the metering system it shall be immediately informed and also notified in writing to HPCL and EB authority within 24 hours requesting for a joint inspection/investigation of the discrepancy. It would be Bidder’s responsibility to sort out the differences and discrepancies, if any, shall not effect the committed generation.

6.11.2 Sealing and Maintenance of Meters

The Metering System shall be sealed in the presence of both parties.

When the Metering System and/or any component thereof is found to be outside the acceptable limits of accuracy or otherwise not functioning properly, it shall be repaired, re-calibrated or replaced by the Operator as soon as possible.

Any meter seals shall be broken only by the HPCL's representative in the presence of the Operator's representative whenever the Metering System is to be inspected, tested, adjusted, repaired or replaced.

6.12 O & M CHARGESThe rate quoted shall deemed to be inclusive all salaries, expenses of the employees, cost of spares, cost of repairs/ replacement/ modification of any equipment or system for the entire period of O & M. The rate shall also deem to be inclusive of tool and tackle etc, liabilities of every description and all risk associated in operation & maintenance.

The O & M charges shall be inclusive of taxes and duties as applicable. Any increase in statutory levies or newly imposed taxes shall be paid extra separately



on furnishing proof of such increase. Similarly due credit would be given to HPCL in case of withdrawal or reduction in taxes/ fees / duties.

The O & M charges should be quoted for 10(ten) years in Bid Response in ITB. O & M charges for 11th to 20th year shall be agreed mutually before the expiry of 10th year.

6.13.1 PAYMENTThe payment period will be quarterly. The Owner will be billed by the Operator promptly following the end of each quarter for power exported during such just completed quarter, and payment will be due on or before the 15 th day (due date) from the date of the receipt of the invoice by Owner.

6.14 SUBMISSION OF MONTHLY BILLS & RELEASE OF PAYMENTDraft invoice for sale of energy shall be sent to HPCL by the contractor and the same shall be returned to the contractor on our letter head. It will be the responsibility of the contractor to raise our bill to the power utility. The contractor shall collect the cheque / demand draft against the bill as per Power Purchase Agreement signed between HPCL & Power Utility and deposit the same in HPCL’s bank account.

6.15 OPERATORS OFFICE AT SITEDuring the execution of the contract the Bidder shall ensure that a Plant Manager with authority to take decisions to be available at site. Such person deputed by the Bidder shall report to the Engineer in Charge, HPCL for smooth operation of the plant. The Bidder shall also provide and maintain an office at the site for the accommodation of the agents and the staff and such office shall be open at all reasonable hours to receive instructions, notices or other communications. The Bidder shall be responsible for any misconduct / indiscipline by his employees or agent employees .The Bidder shall abide by the instructions of the HPCL Representative, if given in this regard. The successful Bidder shall provide suitable office accommodation for HPCL’s Engineers/Technical Consultants at each site. The Bidder should submit the Organization Chart for the staff, which he will deploy for O&M of the project along with the list of mandatory tools and tackles.

6.16 POWER OF ENTRYDuring the contract period, HPCL will have all the rights for entry and access to the project site and to any place where work in connection with the contract is being carried out or is intended to carry out.

In case the Bidder does not execute the work in the manner described in the contract documents or if he shall at any time in the opinion of the Engineer-in-Charge:



i) Fail to operate & maintain the plant in conformity with contract document or

ii) Substantially suspend work or the works for a continuous period of 15 (fifteen) days without permission from the Engineer-in-Charge, or

iii) Fail to carry on and execute the works to the satisfaction of the Engineer-in-Charge, or

iv) Commit or suffer or permit any other breach of any of the provisions of the contract on his part to be performed, or

iv) Commit or suffer or permit any other breach of any of the provisions of the contract on his part to be performed, or

v) If the Bidder abandons the works, or

vi) If the Bidder during the continuance of the contract becomes bankrupt.

In any of such events, the HPCL shall have the power to enter upon the works and take possession of the plant, materials, spares, equipment, tools and stocks thereon, and to revoke the Bidder's license to operate the plant by his agents, other Bidders or workmen.

6.17 HANDING OVER CERTIFICATEOn completion of term the Bidder will apply to the Engineer in- charge for the issue of Handing Over Certificate and the same will be issued within 15 (fifteen) days of the Handing Over in all respects, after verifying from the documents & tests and satisfying himself that the Operation & Maintenance has been completed in accordance with details set out in the contract documents & Prudent Utility Practices.

6.18 HANDING OVER THE PLANT AFTER EXPIRY OF TERMAfter the expiry of term & extension of term as the case may be, operator shall hand over the plant to the HPCL in operating condition. The operator shall demonstrate performance test of all the major & critical equipment to ensure plant dependable capacity in accordance to the norms of manufacturer. While handing over the plant operator shall hand over all technical documents, literature, and instruction manuals, lists of spare part & tools & tackles. Operator will also hand over all the relevant record documents.

6.19 DEFECTS/ NON ACHIEVEMENT PLANT DEPENDABLE CAPACITY AFTER HANDING OVERIn order that the Bidder could obtain a Handing Over certificate, he shall rectify any defect / non achievement of plant dependable capacity in accordance to the norms of manufacturer arising from the defective Operation & maintenance practices or non compliance of Prudent Utility Practices or that may have been



noticed or developed during/ after the plant has been taken over, the period allowed for carrying out such works will be normally one month. If any defect could not be remedied or plant dependable achievement capacity in accordance to the norms of manufacturer could not be achieved within a reasonable time HPCL may proceed to do the work at Bidders risk and expense and deduct from the final bill such amount as may be decided by HPCL.

All the aforesaid safeguards /rights provided for HPCL shall not prejudice its other rights/remedies elsewhere provided herein and/or under law.

6.21 FINAL PAYMENT

Whenever, in the opinion of the Engineer-in-charge the Bidder has completely performed the contract on his part, the Engineer in-charge will so certify in writing to the Bidder.

The final payment to the Bidder shall be made after accounting for all the previous payments/advances/adjustments of dues, provided always that Bidder furnishes a "No further claim - No dues certificate". The release of final payments does not relieve the Bidder from his any other obligations as provided for in the contract.

HPCL shall be deducting statutory taxes at source as per prevailing rates from bills of the Bidder.

6.22 FAILURE OF THE OPERATOR TO COMPLY WITH THE PROVISIONS OF THE CONTRACT

If the Operator refuses or fails to execute the work or any separable part thereof with such diligence or fails to perform any of his obligations under the contract or in any manner commits a breach of any of the provisions of the contract, it shall be open to HPCL, to adopt following course of action at it's option, by written notice to the Operator.

1. To determine the contract in which event the contract shall stand terminated and shall cease to be in force and effect on and from the date the decision is announced by HPCL. The Operator shall stop forthwith any of the Operators work, then in progress and handover the work to HPCL. HPCL shall be entitled for recovery of cost /compensation to complete the unfinished obligations.

2. Without determining the contract, to takeover the work of the Operator or any part thereof and complete the same through a fresh contract or by other means at the risk and cost of the Operator.

In the event that HPCL proceeds in the manner prescribed in above clause then the whole or part of the security deposit furnished by the Operator is liable to be forfeited without prejudice to the other rights of HPCL. HPCL shall also have the



right of taking possession and utilizing such materials, equipment and plant, belonging to the Operator, as may be at the site of the work in order to complete the unfinished work.

The amount that may have become due to the Operator on account of work already executed by him shall not be payable to him until after the expiry of six months reckoned from the date of the determination of contract or from the taking over of the work or part thereof by HPCL as the case may be. Further during this period of six months the responsibility for faulty workmanship in respect of such completed work shall under the contract, rest exclusively with the Operator.

Termination of the contract shall not prejudice or affect the rights of HPCL which may have accrued upto the date of such termination.


SECTION-VIISCOPE OF WORK


SECTION –VII

SCOPE OF WORK FOR SUPPLY OF EQUIPMENT/MATERIAL, CONSTRUCTION, ERECTION &

COMMISSIONING

The Scope of Work covered under this specification shall be but not limited to the followings:

7.1 LAND

7.1.1 Land measuring 39.40 hectare belonging to MEDA is already available at Jagmin site (Distt: Satara, Maharashtra) and the same shall be provided for the installation of 5MW (± 10 %) Wind Power Project.

7.1.2 The Bidder is advised to visit and examine the site (and its surroundings) where the WEGs are to be installed and obtain for itself on its own responsibility all information that may be necessary for micrositing and preparing the bid and entering into a contract for supply and installation of the Wind Power Project. The cost of visiting the site shall be at the bidder’s own expense.

7.1.3 The bidder should workout power evacuation system for the Wind Power Project as per the land plan and includes its cost in the total quoted price.

7.1.4 The bidder with his own resources may find out the possibilities of any increase in the capacity of wind farm. In such an event the bidder may quote for such increased capacity as well.

7.2 DESIGN, MANUFACTURING & TESTING

7.2.1 Design, engineering, manufacture, testing at works and supply at site of suitable LT voltage, 50 Hz upwind / down wind, horizontal axis Wind Electric Generators (WEGs) in the range of 600 kW and above rating complete with accessories as may be required for erection, commissioning and successful continuous operation of 5 MW(± 10 %) capacity wind energy farm with the State grid. The WEG shall be equipped with current limiting devices and capacitors so as to maintain power factor not less than 0.95 as required by the State grid.

7.2.2 Design & construction of towers including foundation for WEGs

7.2.3 Micro-siting of all the WEGs

7.2.4 Internal lines between WEGs, 33 kV circuit breaker and connected work at the place of interfacing with inter connection with evacuation system.



(a) Grid interfacing , including transformer, panels, kiosks, protection equipment, metering equipment, HT lines for the evacuation point of the wind power plant to the nearest State grid sub-station

(b) Energy meter (s) for the export of power to the State grid substation and recording import of the power from the grid will be installed by the supplier.

7.2.5 The bidder shall quote for Centralized Monitoring System (CMS) including control room as an optional item.

7.2.6 VAR drawl compensation system

7.2.6.1Laying of appropriate evacuation system for inter connection with the State grid etc. The evacuation system should be technical strong enough so as to keep the transmission losses at the minimum.

7.3 STATUTORY APPROVALS

7.3.1 Obtaining statutory approvals / clearances from Government department but not limited to the following-

7.3.1.1 Airport Authority clearance, if required

7.3.1.2 Pollution Control Board Clearance, if required

7.3.1.3 State Renewable Agency

7.3.1.4 State Power utilities viz. MSETCL/ MSEDCL

7.3.1.5 Electrical Inspector

7.3.1.6 Mining Department

7.3.1.7 Forest Department and

7.3.1.8 Any other authority

.7.4 CONSTRUCTION, ERECTION & COMISSIONING.

Construction of WEG tower foundation as per design and specification, erection testing and commissioning of WEGs complete in all respect including transformers, control gear, 33KV sub-station, internal evacuation system & grid interfacing.

7.5 DOCUMENTS

7.5.1 Submission of following documents drawings data design and engineering information to HPCL /Power & Energy Consultants for review and approval in four copies.



7.5.1.1 Detailed technical specification.

7.5.1.2 Design criteria.

7.5.1.3 Design calculations.

7.5.1.4 General arrangement and assembly drawings..

7.5.1.5 Micro-siting plan & Wind farm layout.

7.5.1.6 Schematic diagram for entire evacuation system

7.5.1.6.1 G. A. drawings for O.H. lines, all types of structures, 33 kV switchyard & Interfacing. .

7.5.1.7 Quality assurance plans.

7.5.1.8 Test report (for type, acceptance, and routine tests).

7.5.2 Four sets of all the drawings shall be fully corrected to agree with the actual "as built" site conditions and submitted to HPCL/Power & Energy Consultants after commissioning of the project for record purpose.

7.5.2.1 O & M Manuals (in four sets).

7.5.2.1.1. The contractor shall forward to HPCL/Power & Energy Consultants

7.5.2.1.2. Schedule for various activities in the form of Activity Chart with in a week from the date of Award of Contract

7.5.2.1.3. Fortnightly site work progress report during construction period

7.5.2.1.4. Monthly O&M reports after commissioning of the project.

7.6 PRE COMMISSIONING AND COMMISSIONING ACTIVITIES

i) The Bidder shall carryout checks with regard to the mechanical completion of the unit proposed for commissioning.

ii) The Bidder shall carryout technical and safety audit along with Engineer-in-charge for the unit proposed for commissioning.

iii) The comments/ suggestion of the audit shall be complied.

iv) The Bidder shall carry out external / government audit as per statutory requirements.

v) The Bidder shall make all required liaison with relevant State Electricity Board for interconnection of the windfarm with the State Grid, so as to export the power from windfarm.

vi) The Bidder shall obtain mechanical completion certificate from the Engineer-in- charge prior to commissioning.



vii) The Bidder shall furnish the installation manual and operation & maintenance manual including trouble shooting, documents for all the machinery.

viii) The Bidder shall depute qualified commissioning team.

ix) The commissioning activities shall start with the permission of Engineer-in-charge.

x) After commissioning, Bidder shall submit to HPCL all documents related to plant/machineries including manuals, as built drawings, test reports, erection & commissioning reports, statutory clearances, approvals and permissions.

7.7 DEFECT RECTIFICATION PRIOR TO TAKING OVERIf at any time before the work is taken over, the Engineer- in-charge shall:

i) Decide that any work done or materials used by the Bidder or his sub-contractor is defective or not in accordance with the contract, or that the works or any portion thereof are defective, or do not fulfill the requirements of contract (all such matters being hereinafter, called `Defects’ in this clause) and

ii) As soon as reasonably practicable notice given to the Bidder in writing of the said decision specifying particulars of the defects alleged to exist or to have occurred then the Bidder shall at his own expense and with all efforts would make good the defects so specified.

iii) In case the Bidder shall fail to do so, HPCL may take, at the cost and risk of the Bidder, such steps as may in all circumstances be reasonable to make good such defects. The expenditure so incurred by HPCL will be recovered from the amount due to the Bidder. The decision of the Engineer-in charge with regard to the amount to be recovered from the Bidder will be final and binding on the Bidder. As soon as the works have been completed in accordance with the contract and have passed the tests on completion, the Engineer-in-charge shall issue a certificate in which he shall certify the date on which the works have been so completed and have passed the said tests and HPCL shall be deemed to have taken over the works on the date so certified.

iv) All the aforesaid safeguards/rights provided for HPCL shall not prejudice its other rights/remedies elsewhere provided herein and/or under law.

7.8 HANDING OVER / TAKING OVERi) The Bidder shall handover all the documents with regards to the entire

project. The same shall include land procurement, equipments and material purchase, manuals, list of recommended mandatory spares



including vendor details, inventory, and their observations during the project execution/operation and maintenance, Indian equivalent of lubricants and accessories (with regard to trouble areas, areas for improvement, history of equipment performance).

ii) The Bidder shall be responsible for handing over a neat & clean area to HPCL subsequent to the completion of the operation and maintenance contract.

iii) The Bidder shall handover complete set of tools, tackles, testing instruments & equipments required for O&M after the expiry of O&M contract.

7.9 DEFECTS RECTIFICATION AFTER TAKING OVERi) In order that the Bidder could obtain a completion certificate, he

shall rectify all defects arising from the defective materials supplied by the Bidder or workmanship or any act or omission of the contract or that may have been noticed or developed after the works have been taken over, the period allowed for carrying out such works will be normally one month. If any defect be not remedied within a reasonable time HPCL may proceed to do the work at Bidders risk and expense and deduct from the final bill such amount as may be decided by HPCL.

ii) If by reason of any default on the part of the Bidder a completion certificate has not been issued within one month after the date fixed by the contract for the completion of the works, HPCL shall be at liberty to use the works or any portion thereof in respect of which a completion certificate has not been issued, provided that the works or the portion thereof so used as aforesaid shall be afforded reasonable opportunity for completion of these works for the issue of completion certificate.

iii) All the aforesaid safeguards/rights provided for HPCL shall not prejudice its other rights/remedies elsewhere provided herein and/or under law.

7.10 RESPONSIBILITIES AFTER HANDING OVER OF THE PLANT

i) The Bidder shall provide technical assistance whenever required on per diem rates at a later stage beyond O&M.

ii) The Bidder shall handle all legal proceeding arising during the project and shall indemnify HPCL from any claims what so ever for the above period.



7.11 WIND MAST

Installation of a Wind Mast at the Wind Power Project site along with all required data loggers, sensors, etc, to collect required data for adjudging the performance of wind power project. The height of the wind mast shall be equal to hub height of the WEGs to be installed. It shall be installed and to become operational before the power plant starts electricity generation so that performance of the WEGs could be adjudged from day one. Relevant reports are to be provided by the bidder on monthly basis with computation of power generation based on power curve with available wind speed. This shall be compared with achieved generation. It would be the responsibility of the bidder to maintain the wind mast along with its associated equipments in proper order and duly calibrated to compare the power curve based generation for a period of two years from the date of commissioning. HPCL at its own cost may ask the contractor to provide and maintain the wind mast with accessories for any further period as may be deemed necessary for evaluation of generation data w.r.t. Power Curve.

7.12 TRAINING & MANUAL

I. Providing a detailed training plan for all operation, maintenance procedures, which shall after approval by HPCL, form the basis of the training program.

II. Employ and coordinate the training of personnel who will be qualified and experienced to operate and monitor the facility and to coordinate operations of the facility with the grid system. Adequate insurance coverage during EPC and O&M period.

7.13 GENERAL

7.13.1.1 To maintain at the facility accurate and up-to-date operating logs, records and monthly reports regarding the Operation & Maintenance of facility.

7.13.1.2 To perform or contract for and oversee the performance of periodic overhauls or maintenance required for the facility in accordance with the recommendations of the original equipment manufacturer.

7.13.2 To maintain and keep all control room, roads, tool room, stores room, equipment, etc. in workable conditions.

7.13.2.1 To discharge obligations relating to retirement/ Superannuating benefits to employees or any other benefit accruing to them in the nature of compensation, profit in lieu / in addition to salary, etc. for the period of service with the contractor.

7.13.2.2 To hand over the system to maintain an inventory of spare parts, tools, equipment, consumables and supplies for the facility’s operation along-with required inventory to maintain the facility for two year on the basis of average requirement at the time of completion of O&M period.



7.13.2.3 Two years free O&M during warranty period including spares and consumables.

.

7.14 OPERATION AND MAINTENANCE

7.14.1 SCOPE

HPCL wishes to entrust the total O&M activities of the 5 MW (±10%) wind farm to the contractor on turnkey for the first 20 (twenty) year including 2 years free O&M during warranty period.

7.14.2 The Turnkey contractor shall be responsible for all the required activities for the successful running, optimum energy generation & maintenance of the wind farm including wind farm electric’s covering.

7.14.2.1 Deputation of Engineering and supporting personnel

7.14.2.2 Deputation of Security personnel.

7.14.2.3 Successful running of WEGs for optimum energy generation.

7.14.2.4 Monitoring controlling, troubleshooting maintaining of records, registers.

7.14.2.5 Supply of all spares, consumables and fixing / application of the same as WEGs.

7.14.2.6 Conducting periodical checking, testing over hauling and preventive action.

7.14.2.7 General up keeping of all equipment, building, roads, wind farm land area.

7.14.2.8 Submission of periodical reports to HPCL on the energy generation & operating conditions of the wind farm.

7.14.2.9 Taking care of the full security aspects of the wind farm.

7.14.3 Continuous monitoring the performance of the Wind Electric Generators and regular maintenance of the whole system including WEG, transformers, overhead line, outdoor kiosks etc. are necessary for extracting and maintaining the maximum energy output from the wind farm.

7.14.3.1 Operation and Maintenance of the wind farm shall require to be carried out for 20 years including guarantee period as per Bid Response Sheet No. 7-II. Necessary spares including capacitors, consumables etc shall be arranged by the bidder at his own cost.

7.15 OPERATION AND PERFORMANCE MONITORING

7.15.1 Operation part consists of deputing necessary manpower necessary to operate the wind farm at the optimum capacity as per O & M manual

7.15.2 Daily work of the operators in the wind farm involves logging the voltage, current, power factor, power and energy output of the 15 MW wind farm, battery voltage, specific gravity, temperature, logging down individual WEG's output



data once a day . The operator shall also note down failures, interruption in supply and tripping of different relays, reason for such tripping, duration of such interruption etc..

7.15.3 The operator shall record monthly energy output of each WEG and reports shall be prepared on performance of wind farm indicating turbine wise production. Down time, capacity factor, machine availability etc. and these figures shall be computed for the total wind farm.

7.16 MAINTENANCE

7.16.1 The contractor shall draw the preventive maintenance schedules and attend to the breakdowns keeping in view that the machine availability is never less than 95%.

7.16.2 The contractor shall carry out the periodical/plant maintenance as given in the manufacturer’s service manual and perform minimum two certified services per year.

7.16.3 Regular periodic checks of the WEG shall be carried out as a part of routine preventive maintenance during low wind period. In order to meet the maintenance requirements stock of consumables are to be maintained as well as various spare as recommended by the manufacturer at least for 2 years to be kept for usage.

7.16.4 Maintenance of other major equipment involved in wind farm electric are step up transformers overhead line equipment and outdoor 33 kV VCB kiosk and metering panel. Particular care shall be taken for outdoor equipment to prevent corrosion. Cleaning of the insulators and applying Vaseline on insulators shall also be carried out at every 3 to 4 months interval. Resistance of the earthing system as well as individual earthiest is to be measured and recorded every month. If the earth resistance is high suitable action is to be taken to bring down the same.

7.16.5 According to the recommendations stock of special tools and tackles shall be maintained for WEG and other major electrical equipment.

7.16.6 A maintenance record is to be maintained by the operator to record the regular maintenance work carried out as well as any breakdown maintenance along with the date of maintenance reasons for the breakdowns steps have taken to attend the breakdown duration of the breakdown etc.

7.16.7 The Schedules will be drawn such that some of the jobs other than breakdown, which may require comparatively long stoppage of the WEG’s, shall be carried out preferably during the non-windy season.

7.16.8 The Contractor shall deploy enough manpower at wind farm site to carryout work instructions and preventive maintenance schedules as specified. The contractor shall keep at least one skilled and experienced supervisor at site on permanent basis to supervise the jobs that are being carried out at site.

7.16.9 The Contractor will attend to any breakdown jobs immediately for repair/replacement /adjustments and complete at the earliest working round the clock. During breakdowns (not attributable to normal wear and tear).



7.16.10 The Contractor shall immediately report the accidents, if any, to the Engineer In charge & to all the concerned authorities as per prevailing law of the state showing the circumstances under which it happened and the extent of damage and / or injury caused. O&M contractor would be solely & fully responsible / liable to pay for any losses/damages/claims, etc. and HPCL will be fully indemnified for such losses / claims.

7.16.11 The Contractor shall comply with the provision of all relevant Acts of Central or State Governments including payment of Wages Act 1936, Minimum Wages Act 1948, Employer's Liability Act 1938, Workmen's Compensation Act 1923, Industrial Dispute Act 1947, Maturity Benefit Act 1961, Employees State Insurance Act 1948, Contract Labor (Regulations & Abolishment) Act 1970 or any modification thereof or any other law relating whereto and rules made there under from time to time.

7.16.12 The contractor shall at his own expense provide all amenities to his workmen as per applicable laws and rules.

7.16.13 The Contractor shall ensure that all safety measures are taken at the site to avoid accidents to his or his Co-contractor or HPCLs’ Workmen.

7.16.14 If negligence mal operation of the contractor's operator results in failure of equipment such equipment should be repaired / replaced by contractor at free of cost.

7.17 QUALITY SPARES & CONSUMABLES

In order to ensure longevity safety of the core equipment and optimum performance of the system the contractor should use only genuine spares of high quality standards.

7.18 TOOLS AND TACKLES

The Contractor shall arrange for all the necessary tools and tackles including crane for carrying out all the maintenance work covered under this contract.

7.19 SECURITY SERVICES

The contractor shall arrange proper security system including deputation of security personnel at his own cost for the check vigil for the wind farm. The security staff shall be organized to work on suitable shift system; proper checking & recording of all incoming & outgoing materials vehicles shall be maintained. Any occurrence of unlawful activities shall be informed to HPCL immediately.


SECTION-VIIITECHNICAL SPECIFICATIONS


SECTION VIII

TECHNICAL SPECIFICATIONS

8.1 TYPE AND RATING OF WEGS

The WEGs shall be:i. Rating of each WEG shall be of 600 kW or more.

ii. Upwind/Downwind

iii. Three blade type

iv. Horizontal axis with active yawing

v. Power regulation (Pitch/Stall)

vi. Grid compatible type

vii. Single speed, dual speed or variable speed

viii. The Bidder shall furnish the class of the wind electric generator design.

ix. The bidder shall furnish generation details of minimum 10 (ten) numbers of WEG of rating and model offered in the Bid, installed & commissioned in India and have completed successful operation for minimum one year period, along with the bid.

8.2 The WEGs shall have adequate protection and control to operate in parallel and be synchronized with the utility grid. The tolerance limits indicated may however be exceeded in actual conditions and the WEGs shall be protected from damages against such exceeding of limits.

8.2 THE WEGS SHALL BE SUITABLE OF OPERATING UNDER THE FOLLOWING GRID CONDITIONS

Frequency : 50 Hz (+) 2 or (–)3 Hz

Voltage : ±13%

Current Asymmetry : ±15%

8.4 DESIGN CRITERIAThe WEG shall be designed to have a lifetime of not less than 20 years for continuous operation. Bidder shall indicate the list of components whose lifetime may be less than 20 years, giving actual Lifetime. The WEGs should be suitably designed for prevailing Indian climatic conditions with particular reference to offered site. The WEGs shall be preferably designed to



accept Indian make sub-components and consumables such as contactors, thyristors, fuses, lubricants etc. All material, components, sub-assemblies and equipments should be absolutely brand new. The blades should be designed based on a standard specification, which may be indicated by number, date of issue, authority who issued.

8.5 LOCAL CONTROL SYSTEM (L.C.S)Each WEG shall have a Local Control System (LCS) and it shall be designed for automatic, unattended operation and based on a microprocessor-controlled system with a power backup. The microprocessor and power control units shall be located properly and well ventilated

8.6 The LCS shall be able to display basic operating function of the WEG and also the provision for stopping and restarting the WEG.

8.7 The LCS may be connected with the central monitoring and control system. It should be possible from central monitoring and control system at the master control room to control all the Wind Energy Generators give commands record their various data and take out the printed reports of energy generated from the wind power project as a whole from each WEG, export /import of energy etc. Central monitoring is also required.

8.8 The LCS should bear the facility of recording and displaying power curve and KVA/hr data besides all other standard data.

8.9 START-UPThe WEG must be equipped with a soft start arrangement for limiting the starting current and avoiding peak loads on the grid and excess voltage drop across the generators. The maximum inrush/starting current shall not exceed the full load current of the generator.

8.10 GENERATORThe generator shall be of three phase asynchronous / synchronous and compatible for 50 Hz grid connection. The generator shall be designed for tropical and humid environment and in accordance with relevant international standards, which should be started in the quotation in adequate detail. The rated output and voltage shall match the varying availability of Wind Energy on the one hand and all the possible grid conditions on the other. The insulation class should be ‘F’.

In case variable speed WEGs are offered, the power electronics shall be suitable for Indian conditions.



Suitable device to control the temperature may be included to ensure proper functioning of all the equipments. The successful Bidder shall supply a type test report and routine test reports for each Generator.

8.11 CAPACITORSThe WEG shall be provided with capacitors for attaining a minimum power factor of 0.95 at full load and as close to unity as possible during the entire range available. The capacitors shall be cut in after the start-up procedure is terminated. Self-excitation of WEG due to capacitors is to be avoided. All penalties/charges payable to EB due to power factor and reactive energy consumption shall be borne by the Bidder only.

8.12 BRAKING SYSTEMThe WEG shall have two independent braking system and out of the two brakes, one of them may be aero-dynamic type and act at 10% over-speed of the propeller If aerodynamic brake is not provided the offer should furnish full details to say how the WEG will be "failsafe", even when grid power is not available.

8.13 TOWERThe tower may be either lattice type or tubular type. The tower shall be galvanized. The tower should have convenient climbing devices and suitable landing platforms. Safety rope and belts should be supplied. Necessary foundation bolts should also be supplied. The exposed portion of the foundation bolts should be galvanized.

8.14 SWITCH BOARDFor each WEG a switchboard shall be installed which must include all power distribution for the WEG protection systems, soft start capacitor control etc. The general data for the switchboard are as follows:

Frequency : 50 Hz (+ 2 Hz - 3 Hz)

Degree of protection : IP 54

Voltage : ±13%

The Switchboard shall be designed and manufactured in accordance with the relevant International and Indian standards, which should specifically, stated by number and currency in the quotation.

Separate control and power panels shall be provided with separate power circuit for isolated operation of control circuit.



8.15 EARTHING & LIGHTNING PROTECTIONThe earthing of WEG shall be under the scope of Bidder. All electrical frames shall be effectively connected to earth at least at two points. Material required for earth electrode as well as earth current conductor should be supplied by the Bidder. The combined earth resistance at each WEG shall be less than one ohm.

The earth electrode must be designed to withstand the maximum possible short circuit current and the length of the electrode shall be such that the combined earth resistance is less than 1 OHM.( Copper earth current conductor)

The Bidder shall provide suitable earthing system to protect the blades. Nacelle towers and step up transformer against lighting. Effective earth resistance on individual electrodes shall be less than 3 OHMS and the combined earth resistance shall be less than 1 ohm. The work shall be executed, as per is IS2309/3034. The Bidder should append a drawing showing the earthing arrangement for WEG and transformer.

The Bidder shall provide suitable Lightning Protection System at the highest possible point on the WEG.

8.16 ENVIRONMENTAL PROTECTIONThe towers shall be galvanized to relevant standards applicable to galvanization of fabricated steel structures. The minimum thickness to galvanizing should be 120 microns, irrespective of whether it is hot dip galvanized or spray galvanized. The Bidder shall describe the process of galvanizing proposed to be adapted for the towers. The tower will be inspected at site and if damage to galvanization is noticed or the thickness of any damaged sections with inadequate thickness of galvanization will have to be replaced to the satisfaction of the HPCL or his inspection agency. Site galvanization or site repairs will not be permitted.

All materials, components and equipments shall function and work properly during the lifetime against deterioration due to the aggressive climate conditions. The Bidder shall submit descriptions of protection methods to be used for all components. All exposed iron components such as tower, nacelle and hub should be galvanized. Only hot dipped galvanized bolts and nuts should be used. Galvanization should confirm to latest IS Standards. Switchboard shall have two coats of epoxy painting to a thickness 120 microns over two coats of primer.

8.17 MICROSITING, ERECTION, TESTING & COMMISSIONINGThe Bidder shall carry out micrositing, erection, start-up and commissioning. The Bidder is responsible to bring to site and deployment of all tools, cranes and other instruments required for this purpose.

8.18 WARRANTYThe successful Bidder shall provide a warranty covering the rectification of any and all defects in the design of equipment, material and workmanship



of equipment for a period of 24months from the date of issue of completion certificate by HPCL.

8.19a TYPE CERTIFICATIONIn case of imported WEG, type approval from foreign company through National Certificate Institution such as those in Denmark (RISO and DNV), Netherlands (CIWI), Germany (Germinisher Lloyd, DEWI ) and USA (NREL) is must. The type approval shall be as per any one of the certification systems, given below, recognized by TAPS-2000 of MNES/C-WET :

1) The Danish Certification Scheme

2) The Dutch Certification Scheme

3) Germanisher Loyds Certification Scheme

4) IEC Certification Scheme

5) C-WET certification

The Bidder shall submit a copy of type approval certificate given by any certification agency as per one of the above systems.

Wind turbines having indigenous parts & components and are assembled at manufacturer’s works in India either under licensed production or joint venture should have the same specification and production processes as the original imported wind turbine. In this case also the foreign counterpart should provide a wind turbine type approval, which covers local deviations or use of indigenous components. In case of fully indigenous wind turbine, the manufacturers should provide type approval and certification at his own cost by engaging approved international agencies with testing being undertaken either in India or abroad.

The power curve and thrust curve should be submitted along with the offer in tabular form.

8.19b HPCL reserves the right to get the above certification wetted by any reputed third party.

8.20 ENERGY COMPUTATIONThe bidder shall compute estimated energy generation for the wind power project based on the wind data available either from CWET or MNES or their own mast.

The Wind distribution data will form the basis for computing the annual generation during warranty period. The supplier shall submit with the offer the work sheet as in Bid Response Sheet attached with ITB for the computation of minimum guaranteed generation based on power curve. Bidder shall also provide the certified power curve along with relevant table so as to compute the power curve based generation at different speeds which shall be compared with actual achieved generation during the plant life.



8.21 TECHNICAL DATAThe supplier shall furnish technical data and documents complete in all respect as per Bid Response Sheet 9 to 12

8.22 OPERATION & MAINTENANCE CHECKSThe successful supplier shall carry out necessary checks during the year. Schedule of operation and maintenance checks shall be furnished along with the offer.

8.23 INTERFACING WITH THE GRIDEach WEG will be connected to grid through unit transformer of suitable capacity and ratings, 33 kV internal OH line, common group control & metering station, common EHV sub-station, external OH line upto the grid sub-station of EB, complete with all associated switch gears and materials as per statutory requirements and standard practices of EBs. Bidder shall submit complete scheme for grid interfacing & interconnection for windfarm at site including schematic diagrams along with bid.

The unit transformers shall be of vector group DYn 11 oil immersed, naturally cooled (ON AN), outdoor type of connection to a 33 kV system with tappings (OCTC) of ± 2.5% to cover voltage rating of ±5%. The transformers shall be of reputed make.

The transformer, metering equipment, cables and all other equipments shall conform to relevant IS Standard. The double pole structure shall be deigned to withstand survival wind speed of WEG.

The transformer area in each WEG shall be provided with fencing of 2500 mm height The fencing should also comply security requirements issued by Government from time to time.

8.24 MCCB/ ACB

The MCCB provided should take care during full load current exceeding the specified limit.

Each WEG shall have recording facility of generation and consumption of active and reactive energy, instantaneous power and power factor besides other operational data in the local control system.

8.25 ENERGY METERThe offer shall include for every WEG a three phase trivector meter with a provision of backstop, which will prevent the meter from rotating backwards when power is drawn from the grid. The energy meter shall be of 5 amps / 1 amp rating with suitable current transformer.



8.26 CABLESPower cables for interconnection with Nacelle and control panel and Power Panel to step up transformer shall fulfil IEC codes with a minimum rated voltage of 1100/600 V. Cable insulation shall color-coded. The Bidder shall furnish the size and rating of the cables along with the offer.

8.27 SOURCES OF COMPONENTSThe Bidder shall furnish the make and source of the various components of the WEG as per Bid Response Sheet attached with ITB.List of preferred suppliers for bought out items is given at Annexure attached with ITB..

8.28 INSPECTION AND TESTINGAll items will be carefully inspected and tested during manufacture and prior to dispatch in accordance with the standard practice of the manufacturer and the applicable standards. These certificates in triplicate shall be supplied before the dispatch of the equipments.

HPCL or their representative reserves the right to inspect the equipments / components at the manufacture’s works. HPCL shall have an open access for conducting quality inspection of the system as well as components as and when deemed necessary. Purchaser may engage third party inspection agencies for achieving the assure quality of the components. Bidder shall extend the necessary cooperation to the third party inspection agencies besides to Purchasers inspection team for effectively carrying out the Inspection / testing. However, stage inspection by purchaser does not absolve the responsibility of the Bidder in providing the performance guarantee/warranty. Bidder shall strictly comply with the quality requirements suggested by the inspecting authorities from time to time.

8.29 SUCCESSFUL ERECTION & COMMISSIONING.The Bidder may note that HPCL will issue completion certificate only after completing the short-term test run for 30 (thirty) days, and submission of warranty certificate.

During short-term test run the Bidder shall guarantee continuous operation of wind mill without interruption generating rated capacity of power for the prevalent wind conditions. The Bidder shall also demonstrate cutting in and cutting out at the preset wind speeds. The WEG shall also operate within the limits specified for power supply.

Commissioning shall be done as per IE Rules 1956. History card shall be provided for each WEG.

8.30 STANDARDS The WEGs and other equipments should conform to the relevant International and Indian standards. The Bidder shall furnish information of all



components as stated in the Clauses mentioned above and the standards adopted by them.

8.31 DATA FOR FOUNDATIONBidder shall furnish the design data and drawing for the foundation for the WEGs. They should also indicate the quantum of steel to be used for each WEG. The Bidder should also furnish the plan and construction details of the control room if required for housing the power and local control panel.

8.32 TECHNICAL INFORMATION TO BE PROVIDED BY THE SUCCESSFUL BIDDERThe successful Bidder shall be required to provide three copies of the following order, information, drawings and documents, within three weeks of the placement of order:

1) Complete technical specifications of the WEG including rotor, nacelle, tower and microprocessor based control panel.

2) The specification of anti corrosion treatment.

3) The description of erection mode.

4) Necessary engineering drawings like layout of machinery and equipment including electrical equipments.

5) Detailed control loop diagrams, interlock schemes etc.

6) Detailed drawings showing control circuit interconnection drawings and other service requirements.

7) Detailed erection drawings and manuals.

8) Operation / maintenance / trouble Shooting manual including detailed drawing for local control system.

9) Detailed planning network diagram.

10) The Bidder is requested to append to the offer a bar chart and PERT diagram showing the broad schedule supply, erection and commissioning.

11) Design calculations.

12) Micro siting plan of WEGs.

13) Windfarm layout drawings indicating WEGs, roads, OH lines, sub-stations, buildings etc.

14) Schematic diagram of entire electrical system for grid interfacing & interconnection

15) Equipment drawings and instruction manuals of original equipment manufacturer.

16) Construction drawings for civil engineering works like tower foundations, roads, buildings etc.



17) Construction drawings of electrical installations like unit sub-stations, 33 kV internal OH line, common group control & metering station, common EHV sub-station, external OH line upto the grid sub-station of EB.

18) Test reports (Type & Routine both) of all equipments, material and components.

19) Check list/protocols for manufacture, assembly, erection, testing and commissioning.

20) Soil test report indicating safe bearing capacity.

21) Test certificate of reinforced steel and steel used for towers.

8.33 THE SPECIFICATION OF LIGHTNING AND OVER VOLTAGE PROTECTION. 1) The description of erection mode.

2) Necessary engineering drawings like layout of machinery and equipment including electrical equipments.

3) Detailed control loop diagrams, interlock schemes etc.

4) Detailed erection drawings and manuals.

5) Detailed drawings showing control circuit interconnection drawings and other service requirements.

6) The specification of anti corrosion treatment.

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8.34 REFERENCE LISTBidder shall submit along with the bid the reference list strictly as per the enclosed format / bid response sheets.

8.35 STATUTORY AND OTHER REGULATIONSAll works shall be done as per Act’s Rules and Regulations of the Central/ State Govt. and our own Authorities or as applicable.

8.36 DESIGN IMPROVEMENTThe HPCL or the Bidder may propose changes in the specifications of the equipment or quality over and above the guaranteed performance and if the parties agree upon any changes, the specifications shall be modified accordingly.

If any such agreed change is such that it affects the price or completion schedule, the parties shall agree in completion schedule or both, before the Bidder process with the change. Following each agreement, the provision there of shall be incorporated in an amendment to the contract.



8.37 PROTECTION AGAINST HIGH TEMPERATURE AND DUST STORMSWEGs need to be suitably protected against high temperature and dust storms. All equipments shall be designed for following temperature ranges:

Normal : 0ºC to 50ºC

Extreme : -5ºc to 60ºC

All materials, components and equipment shall function and work properly during the lifetime without deterioration due to the aggressive climate conditions and dust loading. Bidder shall submit protection methods / precautions to be adopted for the satisfactory performance of WEGs for such conditions, without fail.

8.38.1 CENTRAL MONITORING AND CONTROL SYSTEM(CMCS)At Wind Power Project site a CMCS shall be provided. This should be complete with all hardwares and softwares for recording, monitoring and control of operational parameters including power curve data of all WEGs and analysis of performance data, preparation of reports and linking with HPCL’s office at Mumbai. Bidder shall submit the details of CMCS offered.

8.39 WIND MASTThe bid should include Wind Monitoring Mast at the Wind Power Project site along with all required data loggers, sensors at two levels, etc, The height of the wind mast shall be equal to hub height of the WEG’s to be installed. The wind monitoring mast shall be installed and shall become operational before the power plant starts electricity generation. Wind measuring system should be of 8 quadrant type or better and approved makes are Second wind / NRG.


SECTION-IXBID EVALUATION CRITERIA

5 MW Wind Power Project, Jagmin Request for Quotation

SECTION-IX

BID EVALUATION CRITERIA

1. Techno-commercial evaluation of the Unpriced bids will be carried out on the basis of qualification documents and completeness & conformity with respect to the ITB requirements. Priced bids will be opened only of the qualified and techo-commercially acceptable Bidders.

2. Financial Loading, if any, shall be done considering rate of interest as 15% per annum.

3. Financial evaluation of the bids shall be carried out on the following considerations:

a) Total Lump sum cost quoted by bidders as per bid response sheet no. 7

b) Total present value of O&M charges including insurances for 20 years (The O&M rates quoted by the bidders for 10 years shall be considered for another 10 years for calculation of O&M for total 20 years period)

c) Total present value of Power Curve generation, as furnished by the bidders

d) Data furnished by the bidders as per all bid response sheets

e) Evaluation of overall return on Investment for 20 years period.

*


SECTION-XGUARANTEES

5 MW Wind Power Project, Jagmin

Request for Quotation

SECTION-X

A) POWER CURVE GENERATION GURANTEE (PCGG) FOR WIND FARM

The bidder shall quote PCGG for a block of two years to be computed three months after commissioning of last WEG or stabilization of the machines, whichever is later. Bidder shall give the guaranteed generation per annum after taking into consideration the proposed configuration of machines, certified wind data, local conditions etc. to facilitate evaluation of offer. PCGG shall be un-conditional except for the grid. Bidders are expected to make their own study of wind profile of the area and make sound commercial judgment about minimum guaranteed power curve generation.

Maximum variation allowed in PCGG shall be(-)10%.

Where the short fall in PCGG is upto (-)10% the bidder shall compensate the owner for such shortfall out of the following as the case may be:

1. Rate of sale of power to MSEDCL2. Rate for capative use 3. Selling rate for third party.

The shortfall shall be computed from three months after commissioning of last WEG or stabilization of the machines, whichever is later, for a block of two years.

If shortfall in PCGG is more than the maximum limit of (-) 10% (minus ten percent), the bidder shall relocate/ replace the WEG at his own cost ensuring un-interrupted PCGG. Entire cost for such relocation/ replacement including power evacuation system shall be borne by the bidder.

B) POWER CURVE PERFORMANCE TEST

1. Power curve test shall be performed on any one of the WEG of the wind farm.

2. The test shall be performed on the basis of the power curve submitted by the bidder and the wind data of the wind mast erected at the hub height within 2 D to 5 D of the test turbines as selected by the owner.

3. The test procedure shall be generally in line with IEC code for power testing of WEGs.

4. The test shall be conducted ninety days of date of commissioning or after stabilization of the WEGs whichever is later.


5 MW Wind Power Project, Jagmin

Request for Quotation

5. The wind data should cover the range of power curve verification typically 3 m/sec to 15 m/sec with sufficient number of wind data.

6. If the actual generation of the test turbine is equal to or more than 95% of the estimated generation of the test period then power curve test shall be considered as successful.

7. If actual generation recorded is less than 95% of the estimated generation then the bidder shall conduct the test again.

8. In the second instance if the actual generation is equal to or more than 95% of the estimated generation of the test period then the power curve performance test shall be considered as successful.

9. In case the power curve test is not successful even in the second instance the bidder shall pay to the owner a penalty at the rate 0.5% of the capital cost of the project for every 1% shortfall in actual generation. If the actual generation is less than 95% and more than or equal to 90% the maximum penalty shall be 2.5% of the project cost.

10. If the actual generation is found less than 90% of the estimated generation then the bidder shall replace the WEGs without any cost to the owner.


SECTION-XIFORMAT OF PROPOSAL


Bid Response Sheet No.1

PROFORMA FOR ACKNOWLEDGEMENT OFREQUEST FOR PROPOSAL DOCUMENT

The undersigned hereby acknowledges and confirms receipt of the Request for Quotation (RFQ) document from HPCL and to submit the proposal by due date for a 5 MW( ± 10%) Wind Energy based power project.

The undersigned confirms that the Bidder is in possession of the complete RFQ.

The undersigned hereby acknowledges that he / she understands that if the Bidder does not attend the pre-bid conference. HPCL will not respond to inquiries from the Bidder after the date of conference.

NAME (COMPANY) with telephone, fax and e-mail details –

SIGNATURE

Name of signatory (printed)

Title of signatory (printed)

Date of Receipt of RFQ

Date of transmittal of this Form

Note:

The form should be returned by fax within seven days and should be followed by mailing it with the original signature to the attention of DGM–Purchase, Central Engineering Cell, Hindustan Petroleum Corporation Ltd, 6th Floor. Petroleum House, J. Tata Road, Mumbai-400 020.

Signature of Bidder




PROFORMA FOR DETAILS OF EXPERIENCE IN WIND ENERGY BASEDPOWER PROJECT OF LAST THREE YEARS (TURNKEY PROJECT)

(1) Total capacity of wind farm executed on turnkey basis in India in the last three years=

(2) O&M works of wind energy projects undertaken in India for total capacity=

(3) O&M contract for three years & above in hand indicating capacity thereof.

(4) Number of machines of quoted model in operation in India with years.

Note:

The bidder should give all relevant documents for our satisfaction regarding fulfillment of the qualifying criteria in Bid Response Sheet 2 (A) and provide extra sheets also (if necessary), failing with bid is not likely to be considered.

LIST OF WEGs INSTALLED THRU TURNKEY PROJECT IN INDIA DURING

PRECEDING THREE YEARS FROM DUE DATE OF SUBMISSION OF OFFERS

Commissioning KW Rating of WEG

No. of WEGs

Total capacity

Place(Location& State)

Owner’s name

Month Year

Signature of Bidder



Bid Response Sheet No.2A

PROFORMA FOR DETAILS OF EXPERIENCE IN WIND ENERGY BASEDPOWER PROJECT OF LAST THREE YEARS (TURNKEY PROJECT)

S.No. Description

1 Name of works & owner’s address, contact person with telephone numbers.

2 Detailed scope of work.

3 Type of plant & machines used (only for major components).

4 Capacity of the plant, No. of WEGs with capacity and height of tower.

5 Whether O&M is being looked after, period of O&M contract.

6 Completion time as per contract.

7 Actual completion time.

8 Reasons for delay, if any.

9 Period of successful operation.

10 Whether copy of work order & completion certificate for the above mentioned work furnished.

11 Actual generation achieved per machine per year (month-wise).

12 Actual generation achieved for complete windfarm (combined to all WEGs installed in the windfarm) per year, month-wise.(Note: Supporting documents for units exported to grid by respective SEB to be furnish).

13 Minimum Guaranteed Generation offered per year against col. 11 & 12.

14 Copies of Performance Reports from the prominent customers.

15 Additional information, if any.

Signature of Bidder




FINANCIAL AND TECHNICAL

PARAMETERS OF THE ORGANISATION(To be furnished by the Bidder)

Name and Address of the bidder ------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Phones: E-mail Fax:

I. FINANCIAL

1. Latest Balance sheet filed with ROC (Attach audited copies of annual accounts of past 3 years). Indigenous Bidders to attach copy of accounts audited under section 44AB of Income Tax Act.

2. Net Worth

a) Current periodb) During the last financial year

c) During the year before last financial year

3. Net Sales (in respective currency)

a) Current periodb) During the last financial yearc) During the year before last financial year

4. Certificate of financial soundness from the bankers

5. Income Tax Clearance: To furnish copies of the following documents:

a) Permanent Account No.

6. Sales

Signature of Bidder



Bid Response Sheet No.3A

II. TECHNICAL

1. Bidder's Classifications 1) Manufacturer2) Authorised Agent3) Dealer4) Others (Please specify)

2. Licensed capacity to manufacture:

Description of equipment

Size Capacity

LicensedCapacity

No. of units manufactured

Current Year

Last Year Second Last Year

4. Plant Details:

a) Locationb) Description, type and size of buildingc) Is property on lease or free hold? If on lease, indicate date of

expiry in each case.

5. Type of the equipment manufactured/supplied/installed during last 5 years.

Name of

Equipment

Capacity/

size/model

Nos. manufactured

/ supplied/ installed

Project to which

supplies have been

made

No. of orders in

hand

6. Details of testing facilities available:a) List of testing equipment availableb) Give details of tests, which are carried out on items offeredc) Details of the test organization available.

Contd..



Bid Response Sheet No.3A- contd..

7. Describe Quality Control Organization, if any, and give the organization Chart.

a) Are goods offered subject to batch test, random sampling, or full 100% test for quality?

b) Are tests carried out by factory employees or by a separate testing agency?

c) Are independent quality Control Organization checks made and certificates issued?

8. Nearest service centre to buyer:Location ………………………. Phone No. …………………..

9. Names of two buyers to whom similar equipments have been supplied, installed and commissioned in the past to whom reference could be made by us regarding the bidder’s technical and delivery ability.

a) ………………………………………….b) ………………………………………….

10. List of components usually subcontracted.

11. Schedules for furnishing technical data and certified drawings after receipt of orders.

Signature of Bidder




LIST OF WIND MILLS INSTALLED IN THE LAST 3 YEARS

Commissioning Type of M/c

No. of m/c

Total capacity

Name of site

Owner’s name

Contact tel. no. &

address

Whether Energy

generation is as

per guaranteeYes / No

If no, why?

Month Year

Note: Details of WEGs installed at Jagmin site be highlighted.

Signature of Bidder




PROFORMA FOR EXCEPTIONS AND DEVIATIONS

The bidder is required to stipulate the list of exceptions and deviations, if any, in the proforma given below only. Any deviations given elsewhere in the offer will not be considered.

Sl. No.

Terms & Conditions Agreed orNot agreed

Exceptions & deviations with justifications1. Validity of offer for 90 days from the date

of opening of bid2. Scope of work

3. Technical Specification of the supply

4. Terms of payment

5. Firmness of price

6. Project Commissioning

7. Warranty

8. Performance Guarantee :a) Min. annual generationb) Min. machine availabilityc) Min. availability of internal electrical

installations.d) Power factor & kVArh consumptione) Power curve

9. O&M for 20 (twenty) years

10. Any other :

Notes:

1. Attach separate sheet (duly signed), if necessary.

2. Information given in this Response Sheet shall be treated as final. Any variations observed elsewhere in the bid shall be ignored while evaluating the bid.

Signature of Bidder




WORKSHEET FOR GUARANTEED MINIMUM ANNUAL WIND ENERGY OUTPUT(TO BE QUOTED FOR EACH MODEL)

Bidder should submit detailed calculations for arriving at guaranteed minimum annual generation. This will include all data, tables, formulas, computer programmes, contour maps indicating layout of WEGs etc.

In case of calculation by WasP, data should include soft copy of the following :

1. MAP file containing orography and roughness of the site and surrounding area in digitised form.

2. Input wind data file for WAsP in the form of TAB file.3. Generation report processed by WAsP .4. Time Series Wind data (speed & direction) or directional frequency distribution data

WEG Type :Hub HeightLocation:

Power Law Index :Air Density at site:

Air Density Std.

Class Interva

l

Mid Wind

Speed

Frequency percent

Total hours

Wind speed at

measured height in ….mtr

Wind speed at proposed hub height of ….Mtr

Power output at Std.

Air Density

Power

output at

Site Air

Density

Total units generated

(corrected)

MPH MPH % Hrs Mtr/Sec Mtr/Sec KW KW KWh

Total Generation (kWh)

Please consider the base data for arriving at correction factors and other related information as per publication of Wind Energy Resources Survey of India (latest volume) for the nearest wind monitor station and to be mentioned in the sheet.

Contd…



Bid Response Sheet No.6 – contd.,.

It is the sole responsibility of the bidder to obtain the correct site information to work out the realistic minimum guaranteed generation (net) per machine for the proposed site.

Please mention the data considered for –Correction Factor for Air Density

1. Array Efficiency :

2. Machine Efficiency (as per Power Curve) :

3. Machine Availability {0.95 (minimum)} :

4. Internal evacuation system availability [{0.98) (minimum)] :

5. Minimum annual energy output at controller

after correction factors per WEG :

6. Power Law Index :

7. Any other

8. Min Annual Energy Output at controller

after correction factors

Signature of Bidder



Bid Response Sheet No.7-I

(To be submitted in separate sealed cover,Duly marked “PRICE PART”)

SCHEDULE OF PRICE – ICAPITAL COST

Sl.No.

Particulars(Firm & Fixed in Indian Rupees)

Cost in Rs.

1. Cost of one WEG including nacelle assembly, generator, blades, tower, transformers, control panel, Central Monitoring and Control System (CMCS), 33KV step-up sub-station including 33KV VCB, CTs, PTs, C & R panels, DC system etc and proportionate cost of internal 33 kV line, Common EHV sub-station with necessary equipments and materials, grid extension (i.e. external overhead line upto grid substation, bay extension or creation of additional facilities at grid substations) interfacing with grid sub-station, civil works, micro-siting, transportation, insurance in transit to the site and storage and other auxiliaries till commissioning and take over, and all other works enabling wind power project work complete in all respects as per the scope of work (inclusive of imported components and all types of taxes, duties, levies etc.)

2 No. of WEGs offered3 Total cost of WEGs

4 Net Minimum Annual Energy Output for the project offered in KWh (combined for all WEGs) based on power curve

5.

Fixed cost of unit KWh) =

Total cost (at Col.3)Net Minimum Annual Energy Output

(Col.4 )

Note: Any item of work not mentioned in the above particulars but written elsewhere in the scope of work or in Technical Specification or essentially required for completion of works, proper operation and maintenance of wind farm, safety of equipment and operating personnel shall be deemed to have been included in the above particulars.

1. The prices should be written in both figures and words 2. The prices mentioned at this page shall be taken into consideration for

evaluation of bids. Any variation observed elsewhere in the bids shall be ignored while evaluation the bids

Signature of Bidder



Bid Response Sheet No.7-II(To be submitted in separate sealed cover,

Duly marked “PRICE PART”)SCHEDULE OF PRICE – I

O & M COST

Sl.No. Particulars O & M Charges per WEG

Total O&M charges for wind farm

Statutory Charges per Annum

TOTAL

Lease Rental

Electrical Inspector

(In Rs.) (In Rs.) (In Rs.) (In Rs.) (In Rs.)

A B C E F G H1 Comprehensive

charges of operation and maintenance of the wind farm project after the date of successful completion of warranty period for 18 years (3rd to 20th year) including supply of spares, consumables, tools, tackles, crane arrangement, testing equipments and instruments, lease charges, man power, insurance, fees/charges payable to Govt. agencies, liaison with all govt. agencies, payment of all charges / levies for consuming active and reactive power, all administrative work, maintaining records and submission to all concerned authorities. Give year wise price

1st year (warranty period)

Free Free

2nd year (warranty period)

Free Free

Contd..



Bid Response Sheet No.7-II contd.

Sl.No. Particulars O & M Charges per WEG

Total O&M charges for wind farm

Statutory Charges per Annum

TOTAL

Lease Rental

Electrical Inspector

(In Rs.) (In Rs.) (In Rs.) (In Rs.) (In Rs.)

A B C E F G H 3rd year (post warranty

period)

4th year (post warranty period)







2. i) Total NPV of O &M charges for 20 Years, discounted@ 12% per year.

3. Insurance charges for general insurance for the first year

Note 1. The O & M Charges

should be quoted in rupees on ‘Firm’ Basis.

2. Statutory Charges should be indicated separately

Note: Bidder to fill only in Sl. NO 1.

Signature of the Bidder



Bid Response Sheet No.8-I


SCHEDULE OF PRICE – II

(To be given in separate envelope along with Schedule Price –I; Bid Sheet No. 7)

BREAK-UP OF SUPPLY OF EQUIPMENT

Sl.No. Item Cost in Rs.1 (a) Supply of Wind Electric Generators

complete in all respect (excluding Excise Duty)

1 (b) Excise Duty considered

2. Supply of Central Monitoring & Control System (CMCS) complete in all respect with necessary software, hardware, cables etc. including linking to HPCL’s office at Delhi/Mumbai.

3. Supply of wind mast with two pairs of sensors & data logger, cables etc.

4. Supply of equipments & material for associated electrical works complete in all respect viz :e. Unit substationsf. Internal overhead linesg. Common group control & metering station

5. Supply of equipments & material for grid extension work viz :c. External overhead line from windfarm to grid substationd. Bay extension / creation of additional facilities at grid substation

6. Infrastructure development charges payable to government

Contd..



Bid Response Sheet No.8-I – contd..

Sl.No. Item Cost in 7. All fees/charges towards application, approval,

clearances etc.

8. Any other item not covered above (to be clearly specified by the Bidder)

Total

Note:1. At the point of inter connection with State grid system, the work shall

need to be carried out as per the approval of power utility and is included in the above price

2. The work shall be carried out as per the I. E. Rules & Code of practice and prudent utility practices along with the approvals of statutory authority

3. The work of liaisoning with power utility for interconnection and its approval from them shall be the responsibility of the contractor.

4. Providing of any / all items as required by the power utility for interconnection of wind farm with grid is deemed to be inclusive in above rates.

5. Details of proposed power evacuation, i.e. type of power line and sub station, etc. proposed along with single line diagram should be provided with the Bid Response Sheet no. 13.

6. The total of the break-up price(8-I+8-II) should match with the lump sum total price quoted on turn key basis in the price bid (Bid response sheet No.7-I). In case of any discrepancy, the price quoted in the price bid (Bid response sheet No.7-I) shall be taken into consideration for evaluation of bids.




Bid Response Sheet No.8-II


SCHEDULE OF PRICE – II

(To be given in separate envelope along with Schedule Price –I; Bid Sheet No. 7)

BREAK-UP OF CONSTRUCTION, ERECTION& COMMISSIONING COST

Sl.No. Itemm

Cost in Rs.1. Civil Engineering works within the windfarm complete in all

respect viz :g. WEG tower foundationsh. Control cabin(s) for housing control panels near the tower

base of each WEG in case of lattice toweri. Internal roadsj. Office cum control room building k. Storage shedl. Permanent water supply arrangement etc.2. Approach road to windfarm

3. Erection, Testing & Commissioning of Wind Electric Generators4. Erection, Testing & Commissioning of Central Monitoring

& Control System5. Erection, Testing & Commissioning of Wind Mast6. Erection, Testing & Commissioning of associated electrical

works7. Erection, Testing & Commissioning of grid extension workTotal

Note:The total of the break-up price (8-I +8-II) should match with the lump sum total price quoted on turn key basis in the price bid (Bid response sheet No.7-I). In case of any discrepancy, the price quoted in the price bid (Bid response sheet No.7-I) shall be taken into consideration for evaluation of bids..





TECHNICAL PARTICULARS OF WEG FOR QUOTED MODEL ONLY

General Data

1. Make of WEG

2. Type

3. Rated output

4. Current(Amps.)

5 Voltage (V)

6. Voltage Variation(%)

7 Frequency Variation (%)

8. Asymmetry variation (%)

9. Wind Speed at rated output (m/ Sec)

10. Cut in wind speed (m/sec)

11. Cutout wind speed(m/sec)

12. Tip speed (m/sec)

13. Survival wind speed(m/sec)

14. Hub height(m)

15. Rotor speed (rpm)

16. Nacelle tilt angle

17. Regulation

18. Designed max. temp. (deg. C)

19. Designed life (years)

Contd…



Bid Response Sheet No.9-contd..

20. Designed turbulence intensity

21. Noise level (dB) (also specify distance)

22. Frequency (Hz)

23. Maximum designed rotor speed

24. Pitch angle for stall regulated machine

25. Rotor orientation (upwind/downwind)

26. No. of blades

27. Rotor diameter (m)

Weight1 Rotor (kg)

2. Nacelle (kg)

3. Tower (kg)

4. Total (kg)

Generator1. Make

2. Rated power output (kw)

3. Type – Double wound /sync. Or other (please specify)

4. Voltage / RPM

5. No.of poles

6. Insulation Class

7. Protection class

8. Coupling

Contd..



Bid Response Sheet No.9- contd

9. Current Amps.

10. Frequency

11. Dual speed/Variable speed

12. Type of cooling

13. If forced cool thena)Type & quantity of coolant b) Pump ratingc) Motor make & ratingd)No. of phasee) Motor duty cycle

Rotor1. Blade material

2. Make

3. Number of blades

4. Rotor diameter (m)

5. Swept area(Sq.m)

6. Length of blade(m)

7. NACA Specification

8. Blades profile

9. Weight of each blade

10. Ref. Standards,Ref. No., Date of issue, Name of Authority

11. Lightning protection for blades

Contd…..




Tower1. Height (m)

2. Type

3. Material

4. No. of Sections

5. Assembly

6. Ladder type

7. Safety system

8. Surface treatment protection

9. No. & type of landing platforms

10. Make

11. Type of reptile protection

Yawing System1. Make & Type

2. Gear box ratio

3. Rated capacity of yaw motor (kW)

4. No. of yaw motors

5. Type of yaw brake

6. No. of yaw brake

Brake System1. Aero Dynamic

i) Type

Contd…




ii) Control

2. Mechanical or other type

i) Make & Type

ii) Position

iii) No. of calipers

iv) Motor capacity (kW)

Gear1. Type / model

2. Gear ratio

3. No. of steps

4. Max. power transmission (kw)

5. Lubricants

6. Designed life

7. Make

8. Type of oil cooling

9. Weight without oil (kg)

10. Quantity of oil

Hub1. Make & Type

2. Material

Main Shaft1 Make & Type

2. Material

Contd..




Main Bearing1. Make

2. Type & specification

Coupling1. Make

2. Type & specification

Nacelle1. Material

2. Type of nacelle bed

3. Facility of loading & unloading

4. Lightning protection

Power Factor Compensation(if required for a system)1. Capacity (KVAR)

2. Number

3. No. of steps

4. Designed life of capacitors

5 Type

6. Make

7. Current in Amps.

8. Estimated kVArh consumption as percentage of annual kWh generation

Contd…




9. Power factor at different

after compensation :

- No load

- 25% load

- 50% load

- 75% load

- 100% load

Power Panel1. Voltage

2. Short circuit level

3. Rating of main MCCB

4. Provision for earth fault protection

5. Dimension

6. Relevant standards

Control System1. Type

2. List of display (please attach separate sheet)

3. List of error messages(please attach separate sheet)

4. List of annunciation (please attach separate sheet)

5. Stop features

6. Remote control facility

Contd…




7. Printer facility

8. Details of special accessories (Like Lap-top computer) for retrieval of parameters including power curve data.

Details of AC-DC- AC Converters/ Inverter system ( for variable speed WEGs)Sensors

1. List of sensors(please attach separate sheet)

Details of CMCSPower cable ( between generator & power panel)

1. Type & Make

2. Conductor material

3. Conductor size

4. No of core

5. Ref. standard

ISO 9000 Certification1. Category of certification

2. Date of certification

Details of Wind Monitoring Mast1. Make of wind

measuring system

2. Make of mast structure

3. Height of mast

Signature of Bidder




TECHNICAL DATA FOR TRANSFORMER

S. No DescriptionOutdoor / indoor

Requirement

1. Service

2. Type

3. Rating kVA

4. Rated frequency Hz

5. Number of phase:

HV side

LV side

Neutral (separate outside)

6. Rated Voltage

a) HV winding kV

b) LV winding kV

7. Vector group

8. Type of cooling (ONAN/ONAF)

9. Insulation level:

a) Power frequency withstands – kV rms. (HV/LV)b) Impulse withstand voltage –KV (HV/LV)c) Power frequency withstands – kV rms. (LV neutral)

10. Method of earthing

11. Duty

12. Short circuit level

Contd…



Bid Response Sheet No.10 – contd…

13. Off circuit tap changer:

a) Range %

b) In steps of

c) Tapping provided on HV side

14. Tap changer type

15. Impedance voltage at 75 0C:

a) At principal tapping %

16. Temperature rise above 500C ambient:

a) Top of oil by thermometer 0C

b) Winding by resistance 0C

17. Terminal details:

a) HV side

b) LV side

18. Losses (at 750C and principal tapping):

a) No load loss at rated voltage and frequency

kW

b) Load loss at rated current (ONAN) kW

c) Total loss maximum rater power kW

19. Efficiency at 75 0C and 0.9 PF:

a) At full loan (ONAN) %

b) At 75% loan (ONAN) %

c) At 50% load (ONAN) %

20. Hot spot temperature in winding limit to 0C

Contd,…



Bid Response Sheet No.10 – contd

21. Shipping dimensions:

a) Height mm

b) Breadth mm

c) Length mm

22. Painting

23. Reference standards

24. Make

25. Minimum creep age distance mm/kV

26. Overall dimensions (L X B X H) mm

27. % Impedance (±10% Tolerance)

28. Quantity of Oil (liters)

29. Details of Instruments and protection provided with the Transformer( Make & Type )

Signature of Bidder




TECHNICAL PARTICULARS OF VCB

SL.No.

Particulars Specification

1. Service Outdoor/Indoor

2. Make & Type

3. Rating

4. Circuit breaking capacity (KA)

5. Short circuit withstand capacity

6. Operating time

7. Wt. of V.C.B.

8. Insulation level

9. Impulse withstand voltage

10. Overall dimension

Note: Bidder is required to submit specifications of other electrical equipments and installations and single line diagram of the whole windfarm from WEG upto grid sub-station.

Signature of Bidder




SOURCE OF COMPONENTS

Sl.No.

Item Description Vendor Type offered Source country

1. Generator

2. Blade

3. Hub

4. Tower

5. Yawing System

6. Brake calipers

7. Hydraulic Disc brake system

8. Main Shaft

9. Main Bearing

10. Local control system

11. Gear Box

12. Distribution transformer

13. Horn Gap fuse

14. Lightening Arrestor

15. Interconnecting cable from WEG to Transformer

16. AB Switch

17 33 kV Vacuum Circuit breaker /SF6

18. Flexible coupling

Contd…



Bid Response Sheet No.12-contd.

19. Power Panel

20. Control Panel

21. Capacitors

22 Wind Mast

23. CMCS (if offered)

24. AC-DC-AC converter/ inverter for variable speed

25. Flexible cables

26 PVC cable

27. Contractors

28. MCCBs

29. Sensors(furnish information for all type of sensors)

30. Gear Oil

Signature of Bidder




Detailed proposal of power evacuation for the 5MW (± 10 %) WPP to the approved / to be approved point of interconnection of State Grid

To furnish all relevant technical details like single line diagram of the

proposed system, capacity of proposed equipment / sub-station and line,

etc. along with its technical specification of general nature.

Cost part of the 5 mw (± 10%) power evacuation to be given in Bid

Response Sheet no. 8.





PROJECT DETAILSProject Details Unit Values

State MaharashtraLocation Jagmin, Taluka: Satara, Distt SataraNo of WEG Capacity per WEG KW Total Capacity KW Generation per WEG lac units Total Generation lac units Losses - Transmission % Losses – others Expected generation lac units

PLF %

Financial Details

Cost per WEG lacs Total Cost lacs

Equity 30% lacs Loan 70% lacs

Total 100%lacs

LoanInterest % ….%Repayment years 9Moratorium years 1

Other Details O&M Charges

Years free 2Third Year Lacs Escalation

General Insurance %Buy back rate

First Year Rs Escalation

Rs

Tax % 33.66%Depreciation % ….%





DRAFT ACTIVITY CHART

Bidder shall fill in the attached proforma indicating Projects Activity Schedule of important activities and his plan to execute the project to meet the project completion date. This information shall be in addition to detailed project schedule and other information he is required to furnish as part of his offer. The activities indicated herein are minimum activities for which bidder shall furnish the required information. Bidders are encouraged to furnish more detailed information in their offer.

SI Activity Start Date CompletionNo. Date

a. Application/NOC from State Nodal Agency/State Govt.

b. Power Purchase Agreement with MSEDCL/ MSETCL

c. Approval from Chief Electrical inspector of State Govt.

d. Clearance from Aviation Department, if applicable

e. Clearance from Defence, if applicable

g. Any other 3 Micrositing 4 Approach Road 5 Internal Road 6 WEG Tower Foundations 7 Control Cabins (in case of lattice Towers) 8 Office cum Control Room Building 9 Storage Shed 10 Permanent Water Supply 11 Supply of Equipments and Materials

a. Towers for WEGs b. Nacelle for WEGs c. Blades for WEGs

d.Control panels, Power Panels, Cables and Balance items of WEGs

e. Equipments and Materials for Unit Sub-Stations f. Equipments and Materials for Internal OH Lines

g.Equipments and Materials for common Sub-Stations/Metering Stations

h. Equipments and Materials for External OH Lines

Contd…



Bid Response Sheet No.15- Contd

SI No.

Activity Start Date CompletionDate

i.Equipments and Materials for Modification at Grid Sub-Stations of MSEDCL/ MSETCL

j. Wind Mast and Data logger k. Central Monitoring and Control System

Towers for WEGs

12 Erection of Equipments and Materials

a. Towers for WEGs

b. Nacelle for WEGs c. Blades for WEGs

d.Control panels, Power Panels, Cables and Balance items of WEGs

e. Unit Sub-Stations f. Internal OH Lines

g. Common Sub-Stations/Metering Stations h. External OH Lines

i.Modification at Grid Sub-Stations of MSEDCL/ MSETCL

j. Wind Mast and Data logger k. Central Monitoring and Control System

13 Grid Interconnection of the wind farm 14 Commissioning of the wind farm 15 Training of HPCL Engineers 16 Handing over to HPCL




Bid Response Sheet No. 16

LIST OF COMPONENTS HAVING LIFE LESS THAN 20 YEARS

Sl. No. Description of Item Make Expected Life





DRAWINGS TO BE ENCLOSED BY THE BIDDER

The Bidder should enclose the following drawings with the bid :

i. Contour plan and layout of wind farm

ii. WEG Tower Foundation

iii. Office-cum-control room building

iv. Storage shed

v. Single line schematic diagram of electrical system for grid interfacing and grid interconnection from WEG upto grid substation.

vi. Construction drawings of electrical installations including unit substations, control &metering station EHV substations, overhead lines etc.

vii. General arrangement drawings and circuit diagrams of major electrical equipments.





GUARANTEED POWER CURVE OF WEG OFFEREDWind speed

(m/s)Power

(kW)Thrust coefficient

(Ct)

1

23

4

56

7

89

10

1112

13

14

15

16

17

1819

20

21

22

23

2425

Air density - ________

Note : Please also attach a copy of certified power curve from a recognized testing agency.




ANNEXURE -I

BANK GUARANTEE IN LIEU OF EARNEST MONEY(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited(Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Mumbai-20 (hereinafter called "The Corporation" which expression shall include its successor in business and assigns) issued a bid document on Messrs................................................. a partnership firm/sole proprietor business a company registered under the Companies Act, 1956 having its office at (hereinafter called "the Bidder" which expression shall include its executors, administrators and assigns) against ITB no............ dated ....................(hereinafter called "the ITB" which expression shall include any amendments/ alterations to "the ITB" issued by "the Corporation") for Supply, Erection, Testing & Commissioning of 5 MW Windfarm Projects, along with associated Civil Engineering works and Electrical Installations, on Turnkey basis for "the Corporation" and "the Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfillment of the said ITB in terms thereof on production of an acceptable Bank Guarantee for an amount of Rs....... (Rupees ................................. only).

1. We, ................................... Bank having a branch office at ..... ................................................Mumbai(hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the Bidder" hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding Rs........... (Rupees ...................................... only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfillment or for any breach on the part of "the Bidder" of any of the terms and conditions of the said "ITB".

2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge whether the said "Bidder" has failed to perform or fulfill the said "ITB" in terms thereof or committed breach of any of the terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by “the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Bidder" may be entitled to.

Contd..



ANNEXURE –I Contd…

3. We, ................................. Bank further agree that the amount demanded by "the Corporation” as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by “the Bidder" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, ....................................... Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "ITB"/or to extend time of performance by "the Bidder" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Bidder" and to forbear to enforce any of the terms and conditions relating to "the ITB" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Bidder" or for any forbearance, act or omission on the part of "the Corporation" or any indulgence by "the Corporation" to "the Bidder" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.

5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is restricted to Rs. ......... (Rupees...................................... only). Our liability under this guarantee shall remain in force until expiration of four months from the due date of opening of the said "ITB". Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before................................... all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.

6. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in Writing.

7. We, ......................................... Bank lastly agree that “the Bank's” liability under this guarantee shall not be affected by any change in the constitution of "the Bidder".

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Bidder" and "the Bank" in this regard.

Contd…



ANNEXURE –I Contd…

IN WITNESS WHEREOF the Bank has executed this document on this …………......................... day of ........................

For ........................ Bank

(by its constituted attorney)

(Signature of a person authorised to sign on behalf of "the Bank")

Signature of Bidder



ANNEXURE-II

PERFORMANCE BANK GUARANTEE FOR SECURITY DEPOSIT/ RETENTION MONEY/ PERFORMANCE GUARANTEE

(On Non-Judicial stamp paper of appropriate value)


IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Mumbai-20 (hereinafter called "The Corporation" (which expression shall include its successor in business and assigns) having placed an order on Messers ............................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at .............. (hereinafter called "the Contractor" (which expression shall include executors, administrators and assigns) vide order No.......................dated.............. (hereinafter called "the order"

which expression shall includeany amendments/alterations to "the order" issued by "the Corporation") for Supply, Erection, Testing & Commissioning of 5 MW Windfarm Projects, along with associated Civil Engineering works and Electrical Installations, on Turnkey basis for "the Corporation" and "the Corporation" having agreed :

a) not to insist upon immediate payment of Performance Guarantee deposit for the fulfillment and performance of the said order

b) 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 said "order"; and "the Corporation" having agreed with "the Contractor" to accept a Bank Guarantee for the performance guarantee deposit.

1. We, .................................................... Bank having a branch office at ............................................, Mumbai (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) at the request and on behalf of "the Contractor" hereby agree to pay to "the Corporation" without

any demur on first demand an amount not exceeding Rs...........(Rupees.........................only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfillment or for any breach on the part of "the Contractor" of any of the terms and conditions of the said "order".

2. We, ............................. Bank further agree that "the Corporation" shall be sole judge

whether the said "Contractor" has failed to perform or fulfill the said "order" in

contd…



ANNEXURE-II Contd..

terms thereof or committed breach of any terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Contractor" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the Corporation” as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Contractor" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "order" or to extend time of performance by "the Contractor" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Contractor" and to forbear to enforce any of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Contractor" or for any forbearance, act or omission on the part of "the Corporation" or any indulgence by "the Corporation" 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 us.

5. However, it has been agreed between "the Contractor" and "the Corporation" that there shall be only one Performance Bank Guarantee for the Performance Guarantee for security deposit/ retention money/ performance guarantee@ of 10% (Ten percent) of the total value of the contract, fully valid in all respect for the period of execution of \work and one month beyond completion of warranty period (i.e thirteen months from issue of completion certificate by HPCL), as per Purchase Order No _____________dated __________of the Corporation “.

6. Not withstanding anything contained herein above :

i) Our liability under this guarantee shall not exceed Rs..........ii) This Bank Guarantee shall be valid up to and including .......; and



contd…

ANNEXURE-II Contd

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before the expiry of 30 days from the date of expiry of this guarantee.

7. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in writing.

8. We, ......................................... Bank lastly agree that "the Bank’s” liability under this guarantee shall not be affected by any change in the constitution of "the Contractor".

9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/ Contract or MOU entered into between "the Contractor" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this …………............................. day of ...........................

For ........................ Bank by its constituted attorney)

Signature of a person authorised to sign on behalf of "the Bank")*

Signature of Bidder



ANNEXURE-III

BANK GUARANTEE FOR OPERATION & MAINTENANCEPERFORMANCE GUARANTEE

(On Non-Judicial stamp paper of appropriate value)


IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Mumbai-20 (hereinafter called "The Corporation" (which expression shall include its successor in business and assigns) having placed an order on Messers ........................... a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at .............. (hereinafter called "the Contractor" (which expression shall include executors, administrators and assigns) vide order No....................... dated.............. (hereinafter called "the

order" which expression shall include any amendments/alterations to "the order" issued by "the Corporation") for Operation and Maintenance of 5 MW Windfarm Project, for "the Corporation" and "the Corporation" having agreed :

a) not to insist upon immediate payment of Operation & Maintenance Performance Guarantee deposit for the fulfillment and performance of the said order

b) 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 said "order"; and "the Corporation" having agreed with "the Contractor" to accept a Bank Guarantee for the operation & maintenance performance guarantee deposit.

1. We, .................................................... Bank having a branch office at ............................................, Mumbai (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) at the request and on behalf of "the Contractor" hereby agree to pay to "the Corporation" without any demur on first demand an amount not exceeding Rs........... (Rupees.....................

......only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfillment or for any breach on the part of "the Contractor" of any of the terms and conditions of the said "order".

Contd..



ANNEXURE-III Contd…

2. We, ............................. Bank further agree that "the Corporation" shall be sole judge whether the said "Contractor" has failed to perform or fulfill the said "order" in terms thereof or committed breach of any terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Contractor" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Contractor" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "order"/or to extend time of performance by "the Contractor" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Contractor" and to forbear to enforce any of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Contractor" or for any forbearance, act or omission on the part of "the Corporation" or any indulgence by "the Corporation" 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 us.

5. However, it has been agreed between "the Contractor" and "the Corporation" that there shall be Bank Guarantee for the Performance Guarantee for an amount equivalent to 20 % (Twenty percent) of guaranteed minimum annual generation at the rate of purchase of wind power declared by Electricity Board for the year, valid for 13 (thirteen) months as per the terms of the Order No. _______________ dated ______________ and this guarantee automatically, shall stand valid towards full amount of Operation & Maintenance Performance Guarantee Deposit, fully valid in all respects unto a period of thirteen months, as per the Order of "the Corporation".

6. Not withstanding anything contained herein above :Contd…



ANNEXURE-III Contd…

i) Our liability under this guarantee shall not exceed Rs..........

ii) This Bank Guarantee shall be valid up to and including .......; andiii) We are liable to pay the guarantee amount or any part thereof under this

Bank Guarantee only and only if you serve upon us a written claim or demand on or # before the expiry of 30 days from the date of expiry of this guarantee.

7. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in writing.

8. We, ......................................... Bank lastly agree that "the Bank’s” liability under this guarantee shall not be affected by any change in the constitution of "the Contractor".

9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/ Contract or MOU entered into between "the Contractor" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this …………............................. day of ...........................

For ........................ Bank by its constituted attorney)

Signature of a person authorized to sign on behalf of "the Bank")*

Signature of Bidder



ANNEXURE-IV(INDEMNITY BOND)

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

TO,

HINDUSTAN PETROLEUM CORPN. LTD.

(Address as applicable)

Dear Sir,

WHEREAS Hindustan Petroleum Corporation Limited, a Government of India Company, registered under the Companies Act, 1956, having its Registered Office at 17, Jamshedji Tata Road, Mumbai - 400020 hereinafter called "the Indemnified" which expression shall include its successors and assigns) has awarded to M/s. .............. ............................ a Partnership Firm/Sole Proprietor Business/a company having its Registered Office at .............. .........................................(hereinafter called "the Indemnifier", which expression shall include its successors and assigns) a contract for conditions set out, inter-alia, in "the Indemnified" 's Purchase Order No. ............................. dated.................. and Work Order No……………… dated ……………. (hereinafter referred to as "The Said Contract") to "the Indemnifier".

AND WHEREAS "the Indemnified" has agreed to Supply, Erection, Testing & Commissioning of 5 MW Windfarm Projects, along with associated Civil Engineering works and Electrical Installations, on Turnkey basis to "the Indemnifier" to the value of Rs.........(Rupees............................................. only) for incorporation in development of ….MW Windfarm Project at……………. Dist…………., …………. (State) by "the Indemnifier" in terms of "the said contract", the turnkey work to be carried out by "the Indemnified" to "the Indemnifier" for the said project, (hereinafter, for the sake of brevity, referred to as "the said material") and pending manufacture and delivery at project site of the completed Windfarm project 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 manufactured, erected and commissioned at the sole risk and expenses of "the Indemnifier" ;

As a Pre-condition to the supply, erection, testing & commissioning of the said windfarm project by "the Indemnified" to "the Indemnifier", the Indemnified" has required "the Indemnifier" to furnish to "the Indemnified" security in the manner and upon terms and conditions hereinafter indicated:

Contd…



ANNEXURE-IV- contd…

NOW THEREFORE, in consideration of the premises aforesaid "the Indemnifier" Shri..................................., Shri ...... ...................... all directors/partners/sole proprietor of "the Indemnifier" in consideration of aforesaid "contract" hereby irrevocably and unconditionally and jointly and severally undertake to 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 project" or any item or part thereof) by theft, fire, flood, storm, tempest, lightning, explosion, storage, chemical or physical action or reaction, bending, wrapping, exposure, rusting, faulty workmanship, faulty manufacture/ erection or faulty method of technique of manufacture/erection, 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 equipment" or any part or item thereof 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 equipment" or item part thereof lost, damaged, destroyed, misused and/or misappropriated, as the case may be, inclusive of "the Indemnified" 's cost and expenses (inclusive but not limited to handling, transportation, cartage, insurance, freight, packing and inspection costs and/or expenses) as specified in the said demand.

AND "the Indemnifier" hereby agree with "the Indemnified" that :

1. This Indemnity shall remain valid and irrevocable until the settlement of all claims of "the Indemnified" arising hereunder:

2. This Indemnity shall be in addition to any other Indemnity, Guarantee or Security whatsoever that "the Indemnified" may now or any time anywise have in relation to "the Indemnifier" 's obligations/liabilities under and/or in connection with the said contract inclusive of "the said material" and "the Indemnified" shall have full authority to take recourse to or enforce this security in preference to the other security (ies) at its sole discretion, and no failure on the part of "the Indemnified" in enforcing or requiring enforcement of any other security shall have the effect of releasing "the Indemnifier" from its full liability hereunder :

3. "The Indemnified" shall be at liberty without reference to "the Indemnifier" and without affecting the full liability of "the Indemnifier" hereunder to take any other such security in respect of "the Indemnifier" 's obligations and/or liabilities under or in connection with the "said contract" inclusive of "the said equipment or material" and to vary the terms vis-à-vis "the Indemnifier" of "the said contract" or to grant time and/or indulgence to "the Indemnifier" or to release or to forbear from endorsement of all or any of the obligations of "the Indemnifier" under the said



Contd..


contract (inclusive of anything in respect of "the said equipment or 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), variations(s), reduction(s), increase(s) or other indulgence(s) or arrangement(s) with "the Indemnifier" or release or forbearance whatsoever shall have the effect of releasing "the Indemnifier" from their full liability to "the Indemnified" hereunder or of anywise prejudicing rights of "the Indemnified" against "the 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 anywise affected or suspended by reason of any dispute or disputes having been raised by "the Indemnifier" (whether now pending before any Arbitrator, Officer, Tribunal or Court) or any denial of liability by "the Indemnifier" or any other order or communication whatsoever by "the Indemnifier" stopping or preventing or purporting to stop or prevent any payment by "the Indemnifier" to "the Indemnified" in terms hereof :

5. The mere statement made by or on behalf of "the Indemnified" in any notice or demand or other writing addressed to "the Indemnifier" as to any of "the said equipment or 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 project incorporating "the said equipment or material" and delivery at project site thereof shall as between "the Indemnifier" and "the Indemnified" be conclusive of the factum of "the said material" or item or part thereof having been supplied to "the Indemnifier" and/or the loss, damage, destruction, misuse or misappropriation thereof, as the case may be, while in the custody of "the Indemnifier" and/or prior to the completion of the project work(s) and delivery to job site thereof without necessity on the part of "the Indemnified" to produce any documentary proof or other evidence whatsoever in support of this;

6. The amount stated in any notice of demand addressed by "the Indemnified" to "the Indemnifier" as the value of any of "the said material", lost, damaged, destroyed or misused or misappropriated, inclusive relative to the cost and expenses incurred by "the Indemnified"in connection therewith shall as between "the Indemnifier" and "the Indemnified" be conclusive of the value of such "said material" and the said costs and expenses as also of the amount liable to be paid by "the 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.



Contd…


In witness whereof "the Indemnifier" have hereunto set and subscribed his hand this day and year first hereinabove written in the presence of witnesses.

Yours faithfully,

WITNESSES

1. 1)

2. 2)

3)

Signature of Bidder



ANNEXURE-V

DRAFT CONTRACT AGREEMENT

CONTRACT AGREEMENT for Supply, Erection, Testing & Commissioning of ….. MW Wind Power Projects along with associated Civil Engineering Works and Electrical Installations including procurement and transfer of land for Hindustan Petroleum Corporation Limited at ---------- (location), --------- (State), Bid Document No. --------------------- made this ----- day of ------ (month) 2005 between M/s --------------------- (name of Bidder – XYZ), having its registered office at ----------------- (Address of registered office), hereinafter called the “CONTRACTOR” (which term shall unless excluded by or repugnant to the contest include its successors and permitted assigns) of the one part and M/s Hindustan Petroleum Corporation Limited, a Company incorporated under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Mumbai 400 020 hereinafter called the “OWNER” (which term shall excluded by or repugnant to the context include its successors and permitted assigns) of the other part.

Where as

A. OWNER being desirous of having provided and executed works mentioned, enumerated or referred to in the Bid Document including Invitation To Bid, Conditions of Contract, Specifications, Drawings, Plans, Time Schedule, Letter of Acceptance of bid and other documents, has invited Bids.

B. CONTRACTOR has identified SITE and surroundings for the Wind Power Project as specified in the Bid Document and satisfied himself by careful examination before submitting his Bid to the nature of the surface strata, soil, sub-soil and ground, the form & nature (ownership) and magnitude of SITE, WORK & Local Conditions, availability of Labour and materials necessary for the execution of WORK, the means of taking possession/ providing SITE & access to it, the supply of power and water therein and the accommodation he may require and has made local and independent enquiries and obtained complete information as to the matters and things referred to, or implied in the Bid Document of having any connection therewith, and has considered the nature and extent of all probable and possible situations delays, hindrances or interference to or with the execution and completion of WORK, to be carried out under CONTRACT, and has examined and considered all other matters, conditions and things and possible contingencies, and generally all matter, incidental thereto and ancillary thereof effecting the execution and completion of WORK in to and which might have influenced him in making his bid.

C. The Invitation to Bid and Conditions of Contract, Specifications, Drawings, Plans, Time Schedule, Letter of Acceptance of Bid and any other Documents

Contd..



ANNEXURE-V contd…

and enclosure, copies of which are hereto annexed are included in the expression “ CONTRACT” wherever herein used: And Whereas OWNER accepted the Bid of CONTRACTOR for the provision and the execution of work at the CONTRACT PRICE as indicated in CONTRACT upon the terms and subject to the conditions of CONTRACT.

Now THIS CONTRCT Agreement Witnessenth and it is hereby agreed and declared as follows:

1. In consideration of the Payment to be made to CONTRACTOR for WORK to be executed by him, CONTRACTOR hereby covenants with OWNER that CONTRACTOR shall and will duly provide, execute and complete WORK and shall do and perform all other acts and things in CONTRACT mentioned or described or which are to be implied there from or maybe reasonably necessary for completion of WORK and at the said times and in the manner and subject to the terms and conditions or stipulations mentioned in CONTRACT.

2. In consideration of the due provision, execution and completion of WORK, OWNER does hereby agree with CONTRACTOR that OWNER will pay to CONTRACTOR the respective amounts for the work actually done by him and approved by OWNER as per Payment Terms accepted in CONTRCT and payable to CONTRCTOR under provision of CONTRACT, such payment to be made at such time and in such manner as provided for in the CONTRACT.

AND

3. In consideration of the due provision, execution and completion of WORK, CONTRACTOR does herby agree to pay such sum as may be due to OWNER for the services rendered by OWNER to CONTRACTOR as set for in CONTRACT and towards loss, damage to the OWNER’s Equipment, materials, construction plant and machinery, such payments to be made at such time and in such manner as is provided in CONTRACT.

It is specifically and distinctly understood and agreed between OWNER and CONTRCTOR that CONTRACTOR shall have no right, title or interest in the SITE utilized for establishing the WORK or in the building structures or WORK executed on SITE by CONTRCTOR or in the goods, articles, materials, etc…. brought on SITE (unless the same specifically belongs to CONTRACTOR) and CONTRCTOR shall not have or deemed to have any lien whatsoever charge for unpaid Bills nor will be entitles to assume or retain possession or control of SITE or structures and OWNER

Contd..



ANNEXURE-V contd…

shall have an absolute and unfettered right to take full possession of the SITE and remove the CONTRACTOR, their servants, agents and materials belonging to CONTRCTOR and lying on SITE.

CONTRACTOR shall be allowed to enter upon SITE for execution of WORK only as license simpliciter and shall not have any claims, right, title or interest in SITE or the structures erected thereon and OWNER shall be entitled to terminate such license at any time without assigning any reason.

The materials including sand, gravel, stone, loose earth, rock etc. dug up or excavated from SITE shall unless otherwise expressly agreed under this CONTRACT, exclusively belong to OWNER and CONTRACTOR shall have no right to claim over the same an such excavations and materials should be despised of on account of OWNER according to the instructions in writing issued from time to time, by the Engineer-in-charge.

In Witness whereof the parties have executed these present on the day and the year above written.

Signed and Delivered Signed and Delivered

For on and behalf of For on and behalf of OWNER CONTRACTOR

…….…………………….. …………………………….……….………………….. ……………………………. Date : …………………… Date : ……………………. Place: ………..…………... Place: ……………………..

In Presence of two Witness1. 1.

2. 2.

Signature of Bidder



Annexure - VI

List of Preferred suppliers for Bought out Items

1 HT SWITCHGEAR KIOSK ABB/ CGL / SIMENS / DRIECHER AND PANICKER.

2 TRANSFORMERS INDOTECH/ ITL/ ETE/ KIRLOSKAR

3 ENERGY METER L&T /SEMS4 INSULATORS WS INDUSTRIES/ JAYSHREE

/ MODERN/BHEL

5 AB SWITCH AMEI/ VERSATIK / PACTIL / KIRAN/SIEMENS

6 DO FUSE PACTIL / KIRAN7 LIGHTING ARRESTER WS INDUSTRIES/ JAYSHREE/

ELPRO/ OBLUM/CGL8 MCCB SIEMENS/ L&T/ CGL9 CABLES (LT) CCI/ UNIVERSAL / RPG10 ACSR SHARAVATHY/BHARAT

WIRE/ CONDUCTORS OMEGA/ GEM/APAR.

11 LIGHT FITTING PHILIPS/CGL/GE LIGHTING/WIPRO

12. PVC WIRE FINOLEX/VASAVI/ POLYCAB

Bidders may offer other make, which shall be BIS/IEC/ASTM/DIN approved. Bidder can change the makes during the execution only on prior approval of HPCL .
