t000003663_filename_rim seal - nrl - 9095

DESIGN, ENGINEERING

COMMISSIONING AND P

PROTECTION SYSTEM FOR

REQUEST FOR QUOTATIO

CRFQ NO. 1000164021 – E Tender Calendar Deta

Stage Name Start Date

Tender Release 23.05.2012

Site Visit/ Pre Bid meeting 18.06.2012 Bet

Pre-qualification bid opening 06.07.2012

(1101 Hrs IS

Un-priced Bid Opening Will be intima

Priced Bid Opening Will be intima

CCCPPPOOO

ING, SUPPLY, INSTALLATION,

D POST WARRANTY AMC OF RIM

FOR NUMALIGARH REFINERIES LTD

ATION

E-Tender Ref. No: 9095 Details

ate End Date And Time

012 06.07.2012

(1100 Hrs IST)

Between 1000 Hrs to 1600 Hrs

at NRL

012

rs IST) ______

imated Will be intimated

imated Will be intimated

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N, TESTING,

IM SEAL FIRE

LTD (NRL).

Bharat Petroleum Corporation Limited (BPCL) Central Procurement Organisation (Refineries)

Mumbai Refinery, Mahul, Mumbai-400 074

Phone: 91-22-25533117 / Fax: 91-22-25544082

GLOBAL NOTICE INVITING TENDER

(CRFQ NO: 1000164021)

BPCL, CPO-R invites 3 part bids for the tenders for Design, Engineering, Supply, Installation, Testing,

Commissioning and Post Warranty AMC of Rim Seal Fire Protection System for

(i) BPCL - Mumbai Refinery (BPCL - MR), Mumbai, Maharashtra, E-tender Ref. No. 9093

(ii) BPCL - Kochi Refinery (BPCL - KR), Kochi, Kerala, E-tender Ref. No. 9094

(iii) Numaligarh Refinery Limited (NRL), Numaligarh, Assam, E-tender Ref. No. 9095

(iv) Bharat Oman Refineries Limited (BORL), Bina, Madhya Pradesh, E-tender Ref. No. 9096

Details of the tenders are available/ can be downloaded from any of the following websites:-

a. BPCL’s E-procurement platform https://bpcl.eproc.in.

b. BPCL website www.bharatpetroleum.in Energizing Business Tenders CPO(Refineries).

c. Central Procurement Portal http://eprocure.gov.in/cppp

Due date for submission of the tender: 06th

July 2012, 11.00 Hrs. IST.

Important: All updates, amendments, corrigenda etc, (if any) will be posted on the above websites as

and when required. There will not be any publicatio n of the same through newspapers or any other

media.

Place: Mumbai DGM (CPO-Refineries)

GLOBAL NOTICE INVITING TENDER

E-Tender Reference No. 9095

Tender for Design, Engineering, Supply, Installation, Testing,

Commissioning and Post Warranty AMC of Rim Seal Fire Protection System

for NRL.

1.0 E-Bids in 3 parts are invited for “Design, Engineering, Supply, Installation, Testing, Commissioning and Post Warranty AMC of Rim Seal Fire Protection System for NRL” in complete accordance with tender documents and its attachments.

1.1 All prospective bidders are requested enroll onto our e-tendering platform https://bpcl.eproc.in/ maintained by M/s. C1 India Private Limited, our authorised Service Provider for E-tendering.

1.2 Upon logging in to the e-procurement website, bidders can download the bid

documents and shall thoroughly go through the same. All documents required for the bid, shall be uploaded on the appropriate place in the E-Procurement web site, digitally signed. No physical scanned documents need to be uploaded except those specifically indicated.

1.3 Bidders are advised to read the Instructions for participating in the electronic tenders

directly through internet (Bid Submission Manuals are available on the above mentioned e-procurement site) and get conversant with the process of online submission of the tenders well in time so as to submit tenders by the due date.

2.0 BRIEF DESCRIPTION:

2.1 The job is intended to install Automatic Foam based Rim Seal Fire Protection System on 5 nos. External Floating Roof tanks with different diameter at NRL. The job is to be executed by the Bidder with single point responsibility of field engineering, design, detailed engineering, procurement of all raw material, fabrication, manufacture, supply, transportation up to site, site installation, construction and commissioning including site acceptance test. No shutdown of the tank will be given for installation, testing, commissioning of Rim seal Fire Protection system on the tank.

3.0 SITE VISIT AND PRE-BID MEETING:

3.1 The site visit and pre-bid meeting are scheduled on 18.06.2012 between 10 AM to 4 PM IST at NRL. All interested bidders are requested to reach the site before 9 AM for site visit. The purpose of the pre bid meeting is to clarify any doubts of the Bidders on the interpretation of the provisions of tender. Bidder(s) are requested to submit their queries, mentioning firm name, clause no.& clause by a letter / e-mail to the contact persons (details given in clause 14 of this document) in order to have fruitful discussions during the meeting. Intending bidders are requested to attend the same. All Bidders are requested to acquaint themselves for better clarity about the site and tender conditions, before submitting their bids. Necessary clarifications (if any), may be obtained prior to submission of the bid.

3.2 Engineer-in-charge: Manoj Kumar Vidyarthi, Asstt. Manager (Maint.), NRL, [email protected], 03776 273432/ Mr. Debasish Das, Officer (Maint.), NRL [email protected] 03776 273443.

3.3 Bidders shall visit the location, at their own expense to see the site conditions before

quoting for the job. Bidders should contact Engineer-in-charge at NRL for getting information required for visiting the site locations well in advance. Bidders to obtain all the information required for executing the contract from site. No request will be entertained on this count even if bidders choose not to visit. No claim what so ever may be shall be entertained on this ground.

4.0 PRE-QUALIFICATION CRITERIA:

4.1 Bidders meeting the technical & commercial qualifying criteria as per the pre-qualification document attached, shall only be considered for further evaluation of bids.

5.0 EARNEST MONEY DEPOSIT (EMD) :

5.1 The interest-free Earnest Money Deposit (EMD) of Rs 1,00,000/- (Rupees One Lakh Only) for Indian bidders or USD 2000 (US Dollar Two Thousand Only) for foreign bidders – to be submitted by way of crossed account payee Demand Draft drawn on any nationalized / scheduled bank in favour of "BHARAT PETROLEUM CORPORATION LTD" payable at Mumbai. The EMD shall be submitted to BPCL prior to the due date & time of opening of the "Pre-qualification Bid".

The following categories of bidders are however exempted from depositing EMD: (i) Public Sector Enterprises; (ii) Units registered with National Small Industries Corporation (NSIC) subject to:

a. the unit being registered with NSIC for the item tendered and b. registration certificate being valid as on date of quotation.

Such bidders must upload appropriate proof along with their "Technical Bid", to show that they are eligible for the exemption from EMD (application for registration as NSIC or for renewal will not be acceptable), failing which such bid will be treated as bid received without EMD and liable to be rejected. Registration with DGS&D will not entitle the Bidder to claim exemption from payment of EMD.

5.2 "Earnest Money Deposit" (EMD), wherever applicable, shall be paid separately by Demand Draft (DD) / Banker's Cheque drawn in favour of Bharat Petroleum Corporation Limited and payable at Mumbai. Alternatively EMD can also be paid by way of "Bank Guarantee" as per BG format attached, from any Bank recognized as Scheduled Bank by Reserve Bank of India, in favour of M/s. Bharat Petroleum Corporation Ltd. Mumbai.

5.3 Bank Guarantee from any Foreign Bank is acceptable only if the same is countersigned by their Indian Branches (provided the Indian Branch of the Foreign Bank is recognized Scheduled Bank by Reserve Bank of India) or any Scheduled Indian Bank.

5.4 The Bank Guarantee in lieu of EMD shall be furnished on non-judicial stamp paper of value not less than Rs. 100/- (Rupees One hundred only) and in the prescribed Performa given in the Tender Document.

5.5 The Bank Guarantee shall be kept valid for a period of 90 days beyond the validity period of the offer for claim.

5.6 Original DD/ Banker's Cheque or BG as the case may be, towards EMD shall be sent separately to DGM, CPO-Refineries, BPCL. Copy the DD/ Banker's cheque/ BG as the case may be, along with proof of dispatch to be uploaded along with unpriced bid. Bids without EMD are liable to be rejected.

5.7 EMD of other unsuccessful bidders shall be released after issuance of FOI/ Purchase Order against this tender. However, in case of successful bidder the EMD shall be released on receipt of performance bank guarantee.

5.8 Forfeiture of EMD - A tenderer who has submitted their bid shall not be permitted to alter/ amend or withdraw the bid, not withstanding that the bid(s) has/ have not yet been opened/finalised. A tenderer who purports to alter/ modify withdraw their offer after submission, within the validity of the offer shall be liable to have their offer rejected and their EMD forfeited/encashed.

5.9 The Earnest Money deposited by successful tenderer shall be forfeited if the successful tenderer fails to honour the offer terms prior to ordering and Contractual terms after issuance of FOI/ PO.

5.10 The Bank Guarantee so furnished by the tenderer shall be in the Proforma prescribed by the owner. No interest shall be paid by the Owner on the earnest money deposit by the tenderer.

5.11 Original DD/ Banker's Cheque or BG as the case may be, towards EMD shall be sent separately to DGM, CPO-Refineries, BPCL. Copy the DD/ Banker's cheque/ BG as the case may be, along with proof of dispatch to be uploaded along with unpriced bid. Bids without these documents towards EMD are liable to be rejected.

5.12 Offers received without scan copy of EMD (DD/BG/Valid NSIC Certificate) in the e-tender and physically not received within 7 days after Pre-qualification bid opening date (as indicated in the NIT or corrigendum thereof) are liable to be rejected.

6.0 OFFER VALIDITY: The Offers shall be valid for a period of six (6) months from Tender Due Date for placement of order.

7.0 TIME OF COMPLETION: As given in the Special Conditions of contract.

8.0 GENERAL CONDITIONS OF CONTRACT (GCC): Attached General Conditions of Contract (GCC) shall be applicable for this contract.

9.0 GENERAL PURCHASE CONDITIONS (GPC): Attached General Purchase Conditions (GPC) shall be applicable for this contract.

10.0 SPECIAL CONDITIONS OF CONTRACT/ SPECIAL PURCHASE CONDITIONS (SCC/SPC):

Attached SCC/SPC shall be applicable for this contract.

11.0 SUBMISSION OF TENDER:

11.1 Bids should be submitted in "THREE BID SYSTEM", i.e. "Pre-Qualification Bid", "Un-

Priced Bid" & "Priced Bid" through e-tendering portal.

11.2 "Pre-Qualification Bid" shall be complete with all the required documents uploaded as given below.

a. All required document as per PQ criteria b. Scan Copy of EMD (Demand draft / Bank Guarantee / Valid NSIC

Certificate) or Registration/ Exemption Certificate (if any). c. Performa of Holiday List to be submitted properly filled. d. Contact details of Vendor duly filled, signed and stamped. e. Integrity Pact Document duly filled, signed and stamped on each page f. Any other supporting documents/ information in support of the bid.

11.3 "Un-Priced Bid", i.e. Techno-Commercial Bid, shall be complete with all technical and commercial details (other than price) duly filled, signed and stamped essentially containing the following documents shall be submitted/ uploaded:-

i) The Techno-Commercial offer shall contain all technical Specifications, and any other technical details you would like to inform BPCL on the subject job. This shall also include the following documents.

a. Agreed terms & conditions duly filled all the points. b. Un-Price Schedule with an indication “Quoted” or “Not-Quoted” against

each item. Please do not indicate prices in Un-Price Bid. c. Technical & Commercial Deviations if any. d. Any other supporting documents/ information in support of the unpriced-

bid.

ii) A copy of Price schedule without filling up the price, but specifically stating as 'quoted' against each item, as a confirmation that the bidder shall be quoting for each item, as per the SOR. All other details such as applicable taxes, etc., shall be duly filled in and shall be indicated only as percentage (%) of the quoted rates. This blank copy of price schedule shall be uploaded along with other technical details in the folder "Additional Tech Information by Bidder" in e-platform.

iii) NRL's General Conditions of Contract (GCC), Special Conditions of Contract

(SCC), Integrity Pact, duly signed and stamped as a token of acceptance of the conditions mentioned therein.

iv) Acceptance, Compliance, Deviations and Exceptions: Bidders are requested to have all their queries clarified before bidding. Bidders are required to confirm and accept all the terms and conditions of the RFQ. However, if they still have deviations from our RFQ and the attachments (GCC, SCC, specifications, scope of work, special instructions to bidders, etc.), they can indicate deviations in the form giving reference to clause no.

11.4 "Priced Bid", shall be complete with the Price Schedule filled strictly as per Schedule of Rates Format enclosed. The quoted price for each item shall be written in figures & words.

11.5 Bids complete in all respects should be uploaded in BPCL e-tendering portal on or

before the due date & time. Each page of all documents, submitted by the bidder, shall be duly signed & stamped, and then scanned and uploaded in the portal. The offer shall be submitted in the Portal under the digital signature of the bidder.

11.6 Offer submitted by Telex / Telegraphic / Fax / e-Mail or Hard copy in sealed covers, shall not be accepted.

11.7 BPCL shall not be responsible for any delay in uploading of offer.

12.0 TENDER OPENING:

12.1 The deadline for bid submission is 11:00 Hrs on the due date mentioned. The bids can be submitted in the e-procurement website upto the tender due date and time. The Pre-qualification bids will be opened online through e-procurement website https://eproc.bpcl.co.in, on the same day.

12.2 Pre-qualification Bids: The Pre-qualification bids shall be opened on the due date mentioned. Bidders, who have submitted their bids, can view/ witness the "Pre-qualification Bid" opening through the e-portal. The offers of those bidder(s) whose offer meet the Prequalification requirements, will only be considered for further evaluation, while those not meeting the Pre-qualification criterion, will be rejected without any clarification.

12.3 Unpriced bids:- The Un-priced Bids (Techno-Commercial Bid) of those bidder(s),

whose offers for "Pre-qualification Bid" are found to be acceptable, will only be opened under advance intimation to them. Such Qualified Bidders can view/ witness the "Un-priced Bid" opening through the e-portal.

12.4 Price bids:- The date and time of opening Price Bids shall be intimated separately to

the techno-commercially acceptable bidders and the price bids shall be opened through e-portal. Such Techno-Commercially accepted bidders can view/ witness the "Price Bids" opening through the e-portal.

13.0 INTEGRITY PACT (IP)

13.1 Proforma of Integrity Pact (IP) shall be returned by the Bidder/s along with the bid documents, duly signed by the same signatory who is authorised to sign the bid documents. All the pages of the Integrity Pact shall be duly signed, scanned and uploaded along with other documents. Bidder's failure to upload the IP duly signed along with bid documents shall result in the bid not being considered for further evaluation.

13.2 If the Bidder has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the IP, BPCL shall be entitled to demand and recoved from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of IP.

13.3 If the contract has been terminated according to the provisions of the IP, or if BPCL is entitled to terminate the contract according to the provisions of the IP, BPCL shall be

entitled to demand and recoved from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the IP.

13.4 Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor (IEM). The IEM's name, address & contact number is given below :

Mr. Janki Ballabh Flat No.605, Versova Vinayak Co-op. Hsg. Soc. Plot No.8,

Near Versova Telephone Exchange, Versova, Andheri (West), Mumbai - 400053. Tel : 022-2635 3456 (Resi.) Mobile : 98333 63066.

14.0 CONTACT PERSONS:-

14.1 FOR E-TENDERING RELATED ISSUES:

If tenderers need some clarifications or are experiencing difficulties while enrolling or while participating in this e-Tender, please E-Mail to the following E-Mail ID along with the snapshots of the errors being faced:

To [email protected] & with a copy to: [email protected] (OR)

Contact the following helpdesk numbers: Tel: 022-32444300/ 65281885/86.

Mob : 90046 89622 / 93220 20100/ 99877 21680.

14.2 FOR TECHNICAL CLARIFICATIONS:

For any technical clarifications regarding this RFQ, please contact:

Manoj Kumar Vidyarthi, Asstt. Manager (Maint.), NRL, [email protected], 03776 273432/ Mr. Debasish Das, Officer (Maint.), NRL [email protected] 03776 273443.

14.3 FOR COMMERCIAL CLARIFICATIONS:

For any commercial clarifications regarding this RFQ, please contact:

Shri. S. Skanda Prasad, Sr. Manager (CPO-R), BPCL, Mahul, Mumbai Tel no. 022 – 25533117 (OR) Shri. K.T. Johny, Sr. Manager (CPO-R), BPCL, Mahul, Mumbai Tel no. 022 - 25533133. Email: [email protected] / [email protected]

15.0 REQUIREMENTS FOR SUBMISSION OF BID AS A CONSORTIUM/JV (JOINT VENTURE) :

i) The bidder may bid either on their Own or as a Consortium. In any such bid it shall not be necessary that all the members of the Consortium satisfy the prequalification criteria set out in the PQ Document, and it will be sufficient if one member of the Consortium satisfies all the conditions set forth in the PQ Document.

ii) Bids submitted by a Consortium shall comply with the following:

a) The bid shall be signed by a duly authorized signatory of the Consortium bidder.

b) The bid shall contain a statement of the members and composition of the Consortium and shall provide all information necessary to satisfy OWNER that at least one member of the Consortium fulfils the pre-qualifying criteria as set out in the PQ document.

c) The Partner/ member of the Consortium who meets the PQ requirements shall be nominated as being in-charge to represent the Consortium in all dealings with the Consortium and for providing any information or clarification sought from the Consortium, and this authorization shall be evident by submitting a Power of Attorney signed by legally authorized signatories for all the partner(s)/ member(s) so as to enable such representative partner(s)/ member(s) to be in charge and to act on behalf of and to bind the other partner(s)/ member(s). The core activities/ obligations under any resultant award of work shall be undertaken only by the member/ partner-in-charge.

d) The member/ partner–in-charge shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partner(s)/ member(s) of the Consortium and the entire execution of the contract, including payment, shall be done exclusively with the partner/ member-in-charge.

e) All the partners/ members of the Consortium shall be liable jointly and severally for the Performance of the CONTRACT in accordance with Contract terms and a relevant statement to this effect shall be deemed to be included in the authorization mentioned under (c) above as well as in the Bid and shall be specifically included in the Format of Contract (in the case of successful bidder).

f) The Consortium bidder should submit a copy of the agreement entered into by the Consortium partner(s)/ member(s) governing the Performance of the work without limiting in any manner the obligation and/or joint and several liabilities of the partner(s)/ member(s) to the OWNER. It should be expressly understood that the Consortium after submission of the bid shall not be permitted to be altered without prior written consent of the OWNER. It will be specifically mentioned in the agreement that the stated core activities of the proposed project will be undertaken by the qualified member and that only the specified non-critical activities will be performed by the other member(s). Such agreement shall be subject to Owner’s satisfaction to ensure that the work will be carried out to the required standard.

g) The Consortium bidder shall submit a Notorially Authenticated Declaration in the format set out as Appendix hereto and original Power of Attorney or other authority of the Signatory of the Declaration to bind the Principal.

h) Should the Consortium bidder fail to satisfy any of the above conditions, the bid shall be liable to be rejected as non-compliant.

i) All Joint Venture (JV) should read the above clause as JV in place of consortium.

16.0 GENERAL POINTS: 13.1 BPCL reserves the right to extend due dates of tender, accept or reject any tender in

part or full, without assigning any reason whatsoever. Bharat Petroleum Corporation Limited also reserves its right not to accept the lowest rates quoted by the bidders and also to give purchase preference to Public Enterprises, as admissible under the existing policies of Government of India and to JVs/ Subsidiaries as per BPCL guidelines.

13.2 BPCL reserves the right to reject any or all the tenders without assigning any reasons

whatsoever. Also BPCL reserves the absolute right to reject any or all the bids/ tenders solely based upon the past unsatisfactory performance by the bidder/ bidders in BPCL, the opinion/decision of BPCL regarding the same being final and conclusive.

13.3 Offers and all correspondence must be in English language only. 13.4 Any effort by bidder or bidder's agents, consultant or representative, howsoever

described, to influence the owner in any way concerning scrutiny/ consideration/ evaluation/ comparison of the bid or decision concerning award of contract shall entail rejection of the bid.

Attachments to the RFQ/NIT:

1. SPECIFICATION/ SCOPE OF WORK

2. PQ CRITERIA

3. SPECIAL CONDITIONS OF CONTRACT/ SPECIAL PURCHASE CONDITIONS

4. SPECIAL TERMS AND INSTRUCTIONS TO BIDDERS

5. AGREED TERMS & CONDITIONS -IMPORTS

6. AGREED TERMS & CONDITIONS -INDIGENOUS

7. GENERAL CONDITIONS OF CONTRACT

8. GENERAL PURCHASE CONDITIONS

9. FORM-B ----- COMPLIANCE-DEVIATION-EXCEPTION FORM

10. E-BIDDING INSTRUCTIONS

11. INTEGRITY PACT AGREEMENT FORMAT

12. OVERALL PLOT PLAN

13. CONTRACTOR SAFETY MANUAL

14. TANK DATA

15. PRICE SCHEDULE –IMPORTS

16. PRICE SCHEDULE –INDIGENOUS

17. EMD FORMAT

18. FORMAT FOR DECLARATION - CONSORTIUM/JV (JOINT VENTURE)

Technical Specification/Data Sheets

Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing

Class- A petroleum products at Numaligarh Refineries Limited (NRL).

Supply, Installation & Commissioning of Automatic actuated Rim seal Fire Detection &

Foam based Fire extinguishing System for External Floating Roof Storages (EFRT)

storing class-A Petroleum Products at Numaligarh Refineres Limited (NRL).

1.0 SCOPE :

This specification covers design, engineering, fabrication, calibration, testing supply, installation and commissioning of automatic actuated Rim seal fire detection and extinguishing system for external floating roof tanks (EFRT), storing Class “A” petroleum products in line with OISD standard 116. Only those Rim Seal protection system, which use the linear heat hollow metallic tube type detectors with foam based extinguishing media shall be used. These detection systems shall be certified by any of the international certifying agencies like UL,FM,Vds or LPC to ensure that those systems are used which meet the highest international standards of safety certification.

The automatic actuated Rim seal fire Detection & Extinguishing system shall consist of:

a) Linear Heat Hollow metallic tube type detection system. b) Automatic Foam based Fire Extinguishing system c) Control and monitoring of heat detection and Fire extinguishing system. d) Associated Cabling & Piping

2.0 OBJECTIVE OF THE AUTOMATIC RIM SEAL FIRE DETECTION AND EXTINGUISHING

SYSTEM :

The overall purpose of the system is to detect and extinguish the Rim seal fire over external floating roof tanks storing class “A” Petroleum products at the incipient stage and simultaneously alert the personnel at the facility so that they can respond to the incident.

3.0 APPLICABLE CODES AND STANDARDS:

(a) OISD standard 115 & 116 (latest edition) (b) NFPA 11 2010: Standard for low expansion Foam (c) Factories Rules – for applicable States. (d) Indian Electricity Rules & Relevant Bureau of Indian Standards (e) ASME Section VIII Div. I & ASME 31.3 (f) Cylinder rules and Static and Mobile Pressure Vessels (unfired) rules (g) Petroleum Explosives and Safety Organizations (PESO) Rules (h) Relevant UL/FM/VdS/LPC & EN Standards (l) API-650 (j) Any other applicable codes and standards

Note : Where edition number of standards referred are not indicated, latest editions shall apply. Page 1 of 48



Class- A petroleum products at Numaligarh Refineres Limited (NRL).

4. BASIC DESCRIPTION OF THE SYSTEM :

The system consists of a microprocessor based; site configurable Hollow Metallic Tube type Linear Heat Detection system monitoring the rimseal area over the whole tank circumference. The hollow metallic steel detection tubing, which is laid around the whole circumference in the rim seal area of the floating roof tank, along with the Detector box , rapidly detects the fire on the rim seal at its incipient stage (within 10 seconds of its occurrence) due to an increase in pressure inside the tube as a result of heat generated due to fire. On detection, system shall be capable of raising an alarm at manned location/s and shall automatically discharge low expansion foam solution (stored on the tank roof) over the rim seal area of the tank.

The Fire detection & Fire extinguishing system shall be mounted on the pontoon of the floating roof tank & shall be modular type with each module protecting a defined length of rimseal area . All the foam extinguishing modules shall be designed to discharge foam solution simultaneously on the entire rim seal area, on detection of fire at any location of the rim seal by any of the fire detection modules.

The detection system shall have programmable self diagnostic facility with annunciation of status displayed on the panels placed in the Fire Station Control Room/PH1/PH5/ARU.

The minimum requirement for the design of the system is Given below: 5. Linear Heat Detection(LHD) system :

5.1 Principle of Operation:

Linear Heat Detection Systems work on the principle of change in pressure of gases / air caused by rise in temperature in a close circuit metallic sensor tube. The system shall be able to sense the rapid rate of rise or preset maximum temperature or both to ensure that any incipient fire on rim seal is detected within 10 seconds of occurrence. The Pneumatically tight system is formed by the sensor tube, which is sealed at its one end and connected to a detector box which contains an electronic pressure sensor, a suitable device/mechanism for self-diagnostic/real time monitoring of effectiveness of the detection system.

Detection system continuously monitors increase in pressure inside the sensor tube as a function of rise in temperature of the area to be protected and evaluates this behavior as a rapid rate of rise of temperature (differential) or maximum temperature or both. If the pressure in the sensor tube increases due to rise in temperature of the protected area beyond the threshold values, the system shall trigger an alarm and actuate an automatic actuated foam suppression system to extinguish rim seal fire at predetermined values of pressures. A non-pressurized sealed stainless steel tube should be laid above the rim seal. The linear heat detection system shall be configurable for alarms; system settings from LCP & Main control panel placed in the control room. Detection system shall have facility for storing system specific parameters & event measurement.

Page 2 of 48




5.2 LHD Mounting :

LHD tube shall be securely fixed as close as possible to the highest point of the seal assembly. The maximum distance from the sensor tube to the top of the seal shall be 150mm. The sensor tube shall be located on the external face of the weather shield so that it can be inspected without the need for removal of any seal components.

LHD tube mounts shall be such that it can accommodate tank flexing and movement without causing chafing or other damage to the tube. The Bidder shall supply all necessary fixing brackets, sleeves, clamps or other devices required to install the sensor tube on the floating tank roof.

5.3 Detection system requirements:

• The sensor (metallic tube) element shall be reusable after exposure to and rapid extinguishment .The detection system shall be resettable after actuation. The detection system shall be restored for service after event occurrence from the Control Room without the need for access to the protected area.

• The Sensor tube shall be hollow metallic S.S. tube of suitable diameter and thickness in line with International certification agencies like UL /VdS/FM/LPC, free from glass, fiber, and rubber & plastic for its long and dependable service.

• The LHD evaluation unit shall either be flame proof/intrinsically safe or shall be housed in a flameproof enclosure and installed alongside one of the extinguishing systems (Foam Module) installed on the tank roof / pontoon.

• The linear heat detection system shall have a suitable device/mechanism for self-diagnostic/real time monitoring of effectiveness of the detection system.

• When the entire length of linear heat metallic detection tube as per approved design is kept at a height of 300 mm above the centre line along the length of 300 mm wide and 6.0 M meter long fire tray containing motor spirit & fuel is set on fire, the fire alarm & actuation of foam suppression system should not start later than 10 seconds from the inception of fire.

• The linear heat detection system shall provide fire alarm/fault signals separately for each tank at the rim seal main fire alarm panel at F i r e s t a t i o n Control Room / LCP/PH1/PH5 /ARU control rooms.

• The Graphic Console provided in the F i re s ta t ion control room shall have the capability of storing system specific parameters and event logging for all the t a n k s covered under rim seal protection system.

• The Detection system shall be site configurable for rate of rise and/or maximum temperature at two different alarm thresholds at Graphic console & rim seal main fire alarm panel.

Page 3 of 48




• The Detection system shall be of decentralised type i.e. individual detection system (sensor tube with evaluation unit) for individual tank shall be independent & shall be mounted on the tank roof itself.

• The system shall have the facility for interface to the Laptop for configuration at rim seal main fire alarm panel and LCP and setting the parameters of the system. Suitable port connectivity with Laptop at Fire Station Control Room shall be provided for diagnosis.

• All field junction boxes/instruments/electrical equipment shall be provided with prefabricated canopy ( pre-coated sheets)

• Software for the detection system shall be capable to configure site specific graphics with authorisation for use of the software for life at a particular facility.The documented authorisation shall accompany the software at the time

of supply. Software shall have provision to configure additional tanks in future if required.

� The system shall have fail safe / diagnostic features as per the criteria given in

Annexure-1.

5.4 Installation requirements:

The LHD & automatic foam suppression system is required to installed on the tank

roof as per approved drawings & after obtaining confirmation of the tank roof being capable of holding the subject system. No modification or alterations will be allowed on the main tank shell or on the floating roof. Rim seal fire protection system design shall be suitable in accordance with the individual tank design.

It is recognized that installation may be required whilst the tank is in service. In this

case the complete system shall be designed such that it can be installed without the need for welding or any kind of hot work on the tank. In case, the installation is required at the tank in service, the following condition shall apply:

a) Bidder shall comply fully with all safe working practices and Permit to Work

system of the owner.

b) No hot work shall be allowed on the tank.

c) No work shall be allowed to be performed during receipt and dispatch of material from the tank.

d) Continuous monitoring of vapor levels shall be done on the tank roof when personnel are present on the roof.

e) All persons working on the roof shall use required personal protective equipment & retractable type fall arrestor system.

f) The SS sensor tube shall be securely laid using SS clips and screws with provision for linear expansion

g) While working on tank roof, non-sparking tools only shall be used

Page 4 of 48



Class- A petroleum products at Numaligarh Refineres Limited (NRL). h) Bidder shall be required to submit detailed procedure for installation of Rim seal

protection system on the tanks. The same shall be required to be approved by owner/owner’s authorized representative before commencement of the job.

6.0 Automatic Foam Fire extinguishing System:

6.1 Design :

A large storage tank may require one or more than one modular units for foam application on the entire rim seal area. Each such unit shall consist of a foam distribution piping, laid along the tank perimeter over the rim seal area. The spray nozzles for foam application are mounted on the distribution pipe at suitable intervals for full coverage of the rim seal area. Distribution pipe is permanently connected to a storage vessel containing pre-mix foam and both are placed on the roof. The foam solution contained in the storage vessel is kept always pressurized with nitrogen .

The automatic Rim seal foam suppression / fire extinguishing system shall consist of appropriate number of equally spaced identical modular foam units mounted adjacent to but outside the containment area of the foam dam so as to protect the entire rim seal area. The foam units shall be charged with pre-mixed foam solution pressurised with nitrogen as an expellant gas. All modules on a tank shall be actuated simultaneously in the event of automatic detection of fire from any detector (in case of more than one linear heat detector) on the tank roof or by actuation of a manual release station outside the bund.

The system shall be designed for a minimum foam application rate of 18

lpm /m2 of rim seal surface area. An application period of minimum 40 seconds shall be considered.

The system shall be modular in design with each section of foam distribution manifold protecting an equal length of Rimseal area. In order to ensure full foam coverage in the entire rimseal area, the placement of the nozzle shall be such that foam application shall be uniform including the area at the ends of the manifold. The nozzle shall be made of SS-316/chrome plated brass.

6.2 Foam solution modules:

a) Stainless Steel (SS-316) Foam solution storage tank for each foam module shall

be designed to meet foam application rate of minimum 18 lpm/m2 of protected rim seal area for an application period of minimum 40 seconds. However, the maximum capacity of each foam solution storage tank shall not exceed 250 litres. The specification of Stainless steel and fabrication of Foam solution tanks shall be as per attached specifications.

b) Foam solution storage tank shall be manufactured to ASME-VIII, Div-1

requirements .Indicative drawings have been attached to this specification.

Page 5 of 48




c) Foam Discharge Manifold and distribution pipe work with semi aspirating foam

spray nozzles (expansion ratio 1:3 to 1:6) shall be UL listed & made of SS-316 and evenly spaced to cover one segment of rim seal up-to maximum length of 50

meters. This shall be designed for delivering foam at 18 lpm/m2 and extinguishing of fire within 40 seconds of detection.

d) Automatic Foam Discharge actuation valve shall be provided at discharge outlet.

e) Instrumentation Panel containing nitrogen charging port, Distribution Manifold, pressure switch to monitor foam module pressure, etc.shall be installed on each foam module.

f) Pre-coated canopy shall be provided on each foam module for protection from direct impingement by sunlight & rain water.

g) Clearly legible schematic and operating instruction plate shall be permanently

fixed on each foam module.

h) Suitable sized filling and draining facilities shall be provided for operation and

maintenance of modules.

i) Each foam module shall be fitted with a pressure gauge of suitable range to manually identify module pressure. Additionally, the signal from the pressure switch shall terminated into the Local junction box and a common signal for “Module pressure low” shall be transmitted for each tank to the LCP, Rim seal fire alarm panel at the Fire Station control room & Repeater Panel at PH1A & PH5 control room & ARU control room

j) One Test discharge connection with nozzle shall be provided to allow testing of

system without discharging foam into Rimseal area.

6.3 Foam system general requirements :

a) The discharge nozzles shall be mounted above the Primary seal and aligned such that the discharge pattern shall be directed at the tank shell above the primary seal around the complete circumference of the tank.

b) The Extinguishing / Suppression system shall be capable of actuation by LHD

system locally without r e q u i r e m e n t o f any signal from the F ire A larm P anels outside the tank dyke.

c) All the piping coming in contact with foam solution shall be of SS 316. d) Pipe supports shall be designed and located to effectively sustain the weight

and thermal effects of piping system and to prevent its vibration. e) The piping shall be provided with the required number of valves, bends, and

fittings for the efficient functioning of the system. f) Module Pressure Low signal shall be available from the unit.

Page 6 of 48


Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products

6.4 AQUEOUS FILM FORMING FOAM-AFFF (UL LISTED)

Selection and design of foam based rim seal fire protection system shall be as defined in The latest NFPA – 11 & 11A Standard for Low and Medium Expansion Foam. Film Forming Fluro Protein Foam (FFFP) / Aqueous Film Forming Foam (AFFF) type Concentrate is to be used in the system as specified in these specifications

Foam concentrate to be used in the rimseal fire protection system shall be UL listed 3% concentrate Aqueous film forming foam (AFFF) or 3% type Film

Forming Flouro Protein (FFFP) or 3%/3% Alcohol Resistant-Aqueous Film Forming Foam (AR-AFFF).

Aqueous film forming foam (AFFF) 3% concentrate should have UL Listing (Underwriters Laboratories Inc.) under UL 162, the standard for foam equipment and foam Concentrate. In addition the AFFF should have spreading co-efficient of +4.5 as per OISD Specification No.115. The AFFF shall also have IS mark. Foam shall be supplied by the bidder for the purpose of SAT and thereafter for first fill. The specifications shall be as per Annexure II.

7.0 Alarm & Auto Actuation System:

The system shall be such that after any Rim-seal fire event it can be quickly reinstated by trained site personnel without the need for specialist engineers.

In case of fire on the rim seal, it is automatically detected by a device capable to sense the same. The device then actuates the spray system for application of foam in the complete area of rim seal to quickly extinguish the fire in its incipient stage. An audio-visual alarm is also coupled with the detection & extinguishing system for necessary fire alert.

The system includes a fire detector network which senses fire and actuates the automatic release of the extinguishing medium on the rim seal area. Each tank shall have Independent detection & extinguishing system.

The validity of the approach must be demonstrated by the designer for an effective total Flooding extinguishing system which quickly detects and extinguishes fire in its incipient stage without re-flash. Also, the design considerations should include the impact of the weight of the modules placed on the floating roof.

The detection system needs to be highly reliable and shall work at varied site ambient Temperatures for protection of rim seal fire. Only those Rim seal protection systems, which use the linear heat hollow metallic tube type detectors with foam based Extinguishing media shall be used. These detection systems shall be certified by any of the international certifying agencies like UL, FM, VdS or LPC to ensure that those systems are used which meet with highest international standards of safety certification.

Page 7 of 48



8.0 Alarm & Control Panels:

Graphic console and rim seal main fire alarm panel shall be provided at manned locations (Control Rooms) and LCP ( Local Control panel) is placed outside dyke for control and monitoring of the system. Repeater Panel for indications/alarm of FIRE and FAULT shall be provided at PH1A , PH5 & ARU control room.

8.1 Local Control Panel(LCP):

There shall be individual Explosion proof Junction Box & Explosion proof local

control panel (LCP) for each tank . Such Junction boxes & LCP３ s shall be

provided outside the Tank dyke area with system status annunciation lights and sounder (Fire, Fault, common Foam Module Pressure Low per tank) to alert the field personal of any alarm or fault condition of the Rimseal protection system . The panel shall be provided with a pre-coated canopy. There shall be no junction box within tank dyke area .

8.2 Emergency Actuation point ( Integral to LCP):

Manual Actuation point shall be provided on the Local control panel (LCP) to be located outside the tank dyke for manual action of foam extinguishing / suppression system on each tank. There shall be separate manual actuation point for each tank.

Manual Actuation Point (MAP) shall be painted & labeled with fluorescent paint clearly indicating the relevant tank numbers. It should require two operations for actuation.

8.3 Rim seal Main Fire Alarm Panel at Fire station control Room:

Site specific designed Rimseal main Fire Alarm Panel (FAP) shall be provided at the relevant Control Room/operator Cabin for r e m o t e indication of the signals from the detection and extinguishing/ suppression system. The panel shall be designed to accommodate all the tanks getting protected by rim seal protection system at the location under this tender with a provision for additional future tanks . As a minimum , each panel shall be compatible for 4 tanks.

The panel shall be provide with a volt meter & ammeter to monitor incoming power supply from UPS

This panel should have visual and audible alarm with resetting facility. An annunciation window shall be provided on the front face of the panel. The following signals shall be available in the panel:

• Fire - flashing light and sounder

• Detector Fault – flashing light and sounder

• Cable Fault – flashing light and sounder

• Module pressure low (common per tank) – flashing light and sounder

• Total system is healthy –Constantly illuminated green light

Page 8 of 48



Repeater Panel for only indication of fire for all tanks under protection shall be provided at PH 1A, PH5 & ARU control room.

8.4 Graphic Console (HMI):

One Graphic Console of adequate capacity (LG/Samsung/Sony/Panasonic make 21 inch LCD) with software shall be provided in the control room to monitor Rim seal Fire protection system installed on all the tanks. Graphical representation of tanks should be configured in the console with unique site based layout of tank farm.

The console shall have features of tank number with Pop-up, event logging, history and prints. It shall be able to maintain historical data of alarm and faults for minimum 30 days.

The system hardware & software shall be designed to accommodate all the tanks getting protected by rim seal protection system at the location under this tender with a provision for additional future four nos. of tanks .

The console shall have facility for simulating the fire protection system for checking the performance.

The requirements of various alarms & signals has been summarized in the table no. 1:

TABLE -1

Alarm /signal LCP Main Rim seal fire alarm panel

Graphic console

Repeater panel

Fire - flashing light and sounder with acknowledge button

� � � �

Detector Fault – flashing light and sounder

� � �

Cable Fault – flashing light and sounder

� �

Foam Module pressure low (common per tank) – flashing light and sounder

� � �

Total system is healthy – Constantly illuminated green light

� � �

Manual Actuation point �

Volt & Ammeter �

Power On � Page 9 of 48



9. Operating Conditions :

The Heat detection and automatic foam suppression system shall be suitable for operating in humid and corrosive atmospheres found in oil terminals in India. The system shall be suitable for working in relative humidity up to 95% (non condensing) & temperature range of +1 deg C to +65 deg C.

The system shall be tolerant to influences such as electromagnetic interference, Static discharge, Stray radiations , aggressive or corrosive vapour, UV radiation, and heavy rainfall & electrical surge. The system should be certified for response behavior on Class – 1 as per EN 54/5 standard by UL / FM / Vds /LPC.

All enclosures for electrical equipment shall be suitable for use in Zone 1, Gas group

IIA/IIB as per hazardous area classification & approved by PESO India. Bidder shall submit valid test certificates issued by PESO, India. The test certificate for enclosure shall contain details of the components installed in it. As a minimum, all enclosures and instruments in the field shall be dust proof & weather proof to IP65.

10. FAIL SAFE / DIAGNOSTIC PHILOSOPHY :

The system should have features that ensure fail safe operation of the rim seal fire protection system on floating roof storage tanks even under abnormal conditions. To ensure the fail safe operation of the rim seal fire protection system, the system should be designed in such a way that in the event of any failures within the system due to any reasons like cable damage, power failure, mechanical damage due to excavation, movement of heavy machinery or adverse environmental conditions, the system should function as per details provided in Annexure- I.

11. Approvals & Authorization:

11.1 Following approvals are required to be made available along with the bid:

a) Valid certifications from any of the international certifying agencies like UL ,FM, VdS or LPC for linear Heat Detection system along with evaluation unit & metallic sensor tube. Evaluation unit shall either be FLP / intrinsically safe by itself or shall be housed in a FLP box having PESO approvals mentioning details of components housed inside the FLP box, including sensor tube entering the FLP box..

b) UL listing & BIS approvals for 3% type AFFF/FFFP or 3%/3% type AR-AFFF

foam to be used in the system.

c) Valid UL listing or VdS/FM/LPC approvals for Foam spray Nozzles

11.2 All flameproof junction boxes, cable glands, electrical equipments, instruments & its accessories shall have PESO approval or in case any electrical equipment which are not flame proof shall be housed in a flame proof enclosure which shall be approved

Page 9 of 48



Class- A petroleum products

by PESO for use in hazardous area classification (Zone 1 gas group IIA/IIB). The bidder shall submit the approval to TPI / owner before factory acceptance test.

11.3 Following authorizations shall be required along-with the bid:

a) If the bidder is not the manufacturer of Linear Heat detection system / Automatic fire extinguishing system then following documents are required to be submitted from the manufacturers of the Linear heat Detection and / or Automatic foam based Fire extinguishing system:

i) Undertaking from the OEM’s of Linear heat detection system and /or

Automatic form based fire extinguishing system that “all necessary technical, logistic & after sales support including all software & hardware (including spares) shall be provided for at least a period of 10 years from the date of supply , including commissioning assistance mentioning clearly the specific tender no.

b) If the bidder is a manufacturer of either or both the sub-systems (heat detection & automatic foam suppression systems), Bidder shall be required to submit above undertakings along with the bid.

12.0 Electrical & Instrumentation system:

a) Power cable shall be stranded copper of minimum 2.5 mm2 FRLS cables or higher according to power requirements. All cables shall be XLPE as per IS 7098.

b) All signal & control cables shall be multi-core 1.5 sq.mm armoured copper FRLS cables. All cables shall be PVC insulated. C ) Cables to be laid over tank roof shall have length and mounting suitable for tank roof movement over the entire height. Provision shall be made to prevent snagging of the cable. It shall take account of tank roof movement and wind condition. Routing shall be done along the tank stair case/rolling ladder with necessary arrangement to ensure that the cables does not snag under the ladder wheels. Cables laid above ground shall be in GI cable trays or suitable size.

d) All the cables with in dyke area shall be laid above ground . e) Cable Joints shall not be used for signal and control cables. There shall not be any cable joints for power cables inside the tank dyke.

f) All cable glands shall be provided with PVC shrouds to prevent ingress of moisture and rain water inside the enclosures.

Page 11 of 48



Class- A petroleum products at NRL Refinery, Numaligarh

g) Each power cable shall not be loaded more than 35%, so that in case of

failure of one power supply, the total load shall not exceed 70%.

h) All power cables having more than three cores shall have a minimum of 20% spare cores while all control & signal cables having more than two cores shall have a minimum of 30% spare cores/pairs.

i) Power distribution network shall be designed in such a way that single point failure

shall not cause tripping of the total system. Each distribution point shall be provided with a separate MCB of power rating for isolation of the system.

j) All the above ground cables shall be laid in galvanized metallic cable trays & the underground cables shall be directly buried in the ground (min. 600 mm depth) with a layer of sand & bricks on top. At the road crossings, Armoured HDPE conduits of suitable size as per ASTM F2160 (Standard Specification for Solid wall High Density Polyethylene Conduit) shall be used.

Detailed specifications of cables & cable laying are given in Annexure-III 13.0 INSTRUMENTATION SPECIFICATIONS :

13.1 Unless specified otherwise Solenoid operated valve ( SOV) shall be stainless

Steel body and shall be intrinsically safe /explosion proof as per job specification.

13..2 Canopies shall be used along with all field instruments in general. Wherever

used, these shall be prefabricated and pre-coated type. The color of the canopies

shall be „Red３ for iinstruments connected to interlocks / shutdown. The local panel

shall also be provided with canopies.

13.3 Specification of signal cable shall be as per enclosed specification. Signal cables

(1 pair / 6 pair / 12 pair) shall be shielded (individual as well as overall shielding)

and armoured with conductor size 1.5 mm2 minimum for single pair and 0.5 mm2

for multi-pair cable.

13.4 Control cables shall be as per enclosed specification , shall be overall shielded

and armoured with conductor size 1.5 mm2 minimum. Only 12 pair/8 Triad multi

cables shall be used. However, higher conductor sizes shall be considered based

on distance. Signaling system shall work on 2 wire and 4 wire based

communication and 30% spare core shall be provided for all signal and

communication cables above 2 core.

13.5 The cable trays and accerssories required for interconnecting above ground

cables betwleen all bidder supplied field instruments and junction boxes/local

guage board/local control panel, shall be supplied by bidder. Cable trys shall be of

Galganised Iron (GI) material. Cables up to Fire station control room and Repeater

panel is also in bidder’s scope.

Page 12 of 48




13.7. All tubes shall be of SS 316 L and its OD shall be in mm. All tubes fittings shall be

of SS- 316, double compression, suitable for tubes in mm OD.All the

coupling/connections shall be swage lock or approved equivalent.

13.8 All field instruments, junction boxes, etc. shall be as per enclosed specifications.

All wetted parts shall be minimum SS 316.

Detailed specifications of various instruments are given in Annexure-IV

14.0 Factory Testing / Inspection:

14.1 Bidder shall arrange following inspections in presence of owner３ s representative/

Third Party Inspection (TPI) agency approved by the owner. Third party Inspection Charges shall be borne by the Bidder.

Based upon the specification, bidder shall develop detailed Quality Assurance

plan (QAP) under guidance of TPIA & submit to the owner for approval. QAP should include all the major sub-components, viz. Fire detection system, Automatic fire extinguishing system, cables, panels etc. of the complete fire protection system & following activities as minimum shall be covered under QAP.

a) Approval of design & engineering documents of the entire system by TPIA b) Positive Material Identification (PMI) test of 10% material of all piping, vessel and

fasteners and other pressure components and witness by TPI. c) 100% Review of certification for electrical enclosures to be mounted in classified

hazardous areas by TPIA d) 100% Review of certificate of approval / listing of Linear Heat Detection by TPIA e) 100% welding joints of pressure vessel and piping shall be radiographed and

reports will be reviewed by TPIA f) Inter granular corrosion test as per ASTM A-262 Practice-E (IGC) sampling and

stamping to be done. TPIA to review the same. g) Weld joint fit up to 10 % will be witnessed randomly by TPIA.

h) Review of WPS (Welding Procedure Specification) & witness of WPQ (Welder３ s

Performance Qualification) as per ASME Sec-II – Part-C & ASME-Sec-IX, QAP ( Quality assurance plan ) and mill test certificate of raw material and test certificate marking by TPIA

i) TPIA shall witness 100% of the following manufacturing activities of pressure vessel and piping besides other inspection as per applicable codes :

• Weld joint hardness test after PWHT if any

• Final Visual and dimensional inspection

● Air testing of nozzle pads

● Hydro testing (water quality should be monitored and shall not contain

more than 25 ppm chlorides)

j) Measurement of expansion ration of the foam producted from nozzle at 7 kg/cm2

Page 13 of 48




14.2 Factory Acceptance Test (FAT)

Factory Performance test shall be carried out using the test simulator. Simulator shall comprise of:

a) 2 nos of linear heat detection units with full length of sensor tube . b) 2 nos automatic foam suppression system consisting of foam modules and foam

discharge piping manifold along with all the valves etc. c) Junction box & Local Control panel d) Rim seal main fire alarm Panel e) Graphic Console & f) Repeater panel as applicable

The following two tests shall be carried out:

(i) For detection: The full length of linear heat detection tube of any one of the

heat detection units shall be placed 300 mm above Six meter long and 300 mm wide tray along the centre line of the length of the tray. The test fuel shall be a liquid hydrocarbon such as motor spirit. The detection system shall detect the fire within 10 seconds of start of fire.

(ii) For extinguishing: The set up shall be prepared as above , however, 6M

length of the tray shall be replaced by 50 M (max) long tray or length as per approved design. Complete LHD sensor tube & automatic foam extinguishing / suppression system shall be placed above the tray. The fire shall be initiated at any random point on the tray. The fire in the tray shall be required to be extinguished in approx 40 seconds after detection .The module and discharge Manifold with Nozzles for carrying out the test shall be selected by the owner/Third Party Inspection Agency.

One such test shall be performed for every 50 % units ordered in random manner as decided by the owner.

15.0 Erection/installation/Site Acceptance Test (SAT) & commissioning of system: Erection/Installation of linear Heat detection & foam based fire extinguishing system for the tanks shall be carried out in line with the applicable procedure as approved:

Bidder shall arrange following Site Acceptance Test in presence of TPIA / Owner３ s

representative at no extra cost to the owner:

a) Simulation of discharge of all the Foam modules installed on each tank shall be done from the Main rim seal fire alarm panel installed at Fire Station control room. Foam required for the simulation/testing shall be supplied by the Bidder.

b ) Actuation of foam discharge valve by operation of manual actuation point provided on LCP located outside the dyke.

c ) Functioning of all signals at the control panels & junction box outside the dyke.

Page 14 of 48




d) Demonstration of resetting of Detection system after simulation from Main rim seal fire alarm panel installed at Fire station control room.

e) Demonstration of Site specific graphic console in line with the requirements of the tender specifications.

f) UL listed 3% type AFFF/FFFP or 3%/3% type AR-AFFF foam suitable for foam nozzles required during testing & commissioning shall be supplied by the bidder.

Site Acceptance Test (SAT) as given above shall be conducted for each tank within maximum 15 days of completion of installation. Based upon the above test requirement, Bidder shall develop detailed Site Acceptance test Plan & submit it to the owner for approval. Any replacement of defective parts found during commissioning shall be in the scope of the vendor.

16.0 Testing and maintenance during operation :

Both the detection and the extinguishing system shall have a manual or a u t o m a t i c simulation facility to test system integrity and function during operation. A discharge test nozzle and appropriate valve shall be provided so that the system can be discharged without the need for discharging foam into the seal area.

17.0 Documentation:

A) Documents to be furnished with offer/bid:(4 copies)

a). Detailed P&ID indicating the complete scheme of instrumentation and

controls for a typical system

b) All approvals/authorizations as per clause no.11.1 & 11.3 of tender

documents

c) Control and Interlocking Philosophy for a typical system d) Typical Power supply requirement for field instruments along with consumption e) List of spares to be maintained by vendor during commissioning and during 2 year warranty. f) Bill of Material indicative for 16m., 32m.,48m & 64 m dia tank g) Procedure for calibration of rim-seal detection system h) Provide necessary loading data of the Rim seal protection system modules

i) All documents required in support of Bid qualification criteria

B) Documents to be submitted for approval after order placement as minimum (4 copies)

i. Detailed design of the system which should include detection, control, monitoring, foam suppressant system.

ii. Detail specification (completely filled up data sheets) with make and model no. before placement of order to sub-vendor iii) Logic diagram with detailed logic write up iv) General arrangement drawings of panels and internal layout with dimensions

Page 15 of 48




v. Power supply distribution vi. P&ID & cable schedules vi. Bill of material after site survey vii. Instrument tray layout viii. Instrument location plan ix. Wiring and termination drawings for panels and junction boxes x. PESO approval for electrical system xi) UL approval for foam containers

C) Documents to be submitted after commissioning (6 copies)

i. Operating and Maintenance manuals for all offered instruments ii. As built Wiring and termination drawings for panels and junction boxes iii. All relevant test certificates iv. As built drawings (tank farm) showing the location of systems and associated

alarm/control equipment. v. Data sheets providing technical details of all Major components. vi. PESO Certificates for Electrical Enclosure mounted in classified hazardous

areas. vii. UL listing approval document for the Nozzle. viii. UL / FM/VdS/LPC certifications for linear heat detector.

All manuals shall be provided in hard bound A4 size folders with clear printed labels on it. In addition to the hard copies following software shall be supplied after the commissioning

a) Soft copies of the documents/drawings placed in the manual. b) CD for Software to be used with the rim seal fire detection system along-with the

authorization. 18.0 Training:

Bidder shall impart training to site personnel for routine operation & maintenance of the

rim-seal fire protection system. The training shall be imparted at owners３ site

for minimum four days immediately after commissioning. 19.0 Warranty

The warranty shall be come into vogue after commissioning of entire rim seal protection

systems & completion of SAT as per specifications all the tanks in a location.

Bidder shall offer performance guarantee for satisfactory and trouble free operation of the entire Rimseal protection system for a minimum period of 2 year from the date of commissioning of the system.

The Bidder shall repair any defect or replace any defective part during the warranty period within 7 days of receiving such information from the owner.

Page 16 of 48




During the warranty period, the bidder shall also provide the following services:

a) Once in six month, complete checking, validation of measuring instruments and detailed reporting.

b) Once in a year calibration of detection system, solenoid valves, pressure

gauges/pressure switches & cleaning of the foam nozzles.

20.0 Post Warranty Maintenance:

The bidder shall submit annual post-warranty comprehensive maintenance for 3 years in line price bid schedule. The following shall be covered under post warranty maintenance:

a) T he B i d d e r s h a l l p r ovi d e c o m p r e h e n s i ve m a i n t e n a n c e i n c l u d i n g s u p p l y

o f s p ar e s f or p e r i o d o f t h r e e ye a r s af t er t h e e xp i r y o f t h e wa r r a n t y p e r i o d .

b) T h e t r a ve l , b o a r d i n g & l o d g i n g of s e r vi c e e n g i n e e r / t e c h n i c i a n s h a l l b e b o r n e b y t h e B i d d e r . T h e B i d d e r s h a l l a l s o b r i n g t o o l s & t a c k l e s as r e q u i r e d f o r m a i n t e n an c e of t h e s ys t e m.

c) T h e b i d s h a l l b e m a de ye a r - w i s e f or t hr e e ye a r s & p r i c e va l i d i t y s h a l l b e a va i l a b l e f or t h e e n t i re p e r i o d of t h e c o n t r ac t ( i n c l u d i n g A MC p e r i o d ) .

d) T h e s er vi c e u n d e r p o s t wa r r a n t y m a i n t e n a n c e s h a l l i n c l u d e :

( i ) O n c e i n s i x m o n t h , c o m p l e t e c h e c k i n g , s i t e a c c e p t a n c e t e s t a s p e r t h e s p e c if i c a t i o n , r e p a i r / r e p l a c e m e n t of de f e ct i ve p a r t / c om p o n e n t s , a n d d e t a i l e d r e p o r t i n g .

( i i ) O n c e i n a ye a r c a l i b r a t i o n o f d e t e ct i o n s ys t e m , s o l e n o i d v a l v e s , p r e s s u r e g a ug e s / pr es s u r e s wi t c h e s & c l e a n i n g of t h e f o a m n o z zl e s .

( i i i ) E m er g e n c y m a i n t e na n c e : I n t h e e ve n t of a n y m a l f u n c t i o n of t h e s ys t e m , e xp e r i e n c e d s e r vi c e

e n g i n e e r s h a l l b e m a d e a v a i l a b l e a t s i t e wi t h - i n 4 8 h o u r s a f t e r s u c h i n f o rm a t i o n f r om t h e o wn e r & t he sys t e m m u s t b e br o ug h t t o t h e N o r m a l wi t h i n 24 h r s af t e r r e p o rt i n g a t s i t e.

e) A n y s p a r e s s u p p l i e d d u r i n g wa r r a n t y pe r i o d a n d wh i c h h a s n o t b e e n

u s e d , m a y b e u t i l i z e d b y t h e b i d d e r d u r i n g p o s t m a i n t e n a n c e A MC p e r i o d .

21. Bidder’s Scope of Supply/work:

Vendor is required to carry out following activities while executing the job of supply and installation of the Rim seal Fire detection & automatic fire extinguishing system :

a) To carry out basic design of the system based on no. of tanks to be covered under

the protection system & site specific requirements & prepare General arrangement drawing of the Rim seal Fire detection & automatic fire extinguishing system to be installed on the floating roof tanks designated by the owner.

b) Provide necessary loading data along with the technical bid, to the Owner to

verify suitability of existing floating roof design to support the load of the rim seal fire

Page 17 of 48




protection system being offered by the vendor. The Vendor shall provide detailed

drawings of the equipment to be mounted on the tank roof and the total weight with foam solution charge.

c) To carry out detailed Design & Engineering of various sub-components of the Rim

seal Fire Protection system in line with tender specifications & relevant codes & standards.

d) Preparation of engineering drawings, viz. G.A. drawings, Cable schedules, cable

layouts, piping layouts etc along-with bill of material & submit for approval of the site- In charge.

e) To carry out Fabrication, assembly of various sub-systems, calibration, testing and

Supply of all the components of Rim seal Fire Protection system as per the tender specifications. Preparation of engineering drawing along-with bill of material & submit for approval of the site-In charge based on location layout & visit to the location.

f) To arrange / carryout Factory acceptance test for various sub-systems of the tender

specifications.

g) To transport various sub-systems to the location & Installation of the same the

floating roof deck as per approved drawing.

h) Supply & Installation of FLP Junction boxes, Flame proof LCP３ s with

audio/visual indication & manual actuation point outside each dyke.

i) Supply and laying of all required cables (signal / power cables & control), junction boxes from the roof mounted rim seal protection system up-to LCP & Rimseal Main Fire Alarm Panel in the Fire Station control room.. Above ground Cables shall be laid over cable trays, while U.G. cables shall be laid through HDPE conduits of required sizes.

j) Supply and laying of all required signal cables, interface cables & junction boxes

from Rimseal Main Fire Alarm Panel to Repeater Panel. Above ground Cables shall be laid over cable trays , while U.G. cables shall be laid through HDPE conduits of required sizes. Providing instrument earthing pits.

k) Supply & installation of Customized site specific Main Fire Alarm Panel dedicated to

the Rim seal system in the Fire station Control Room.

l) Supply & Installation of Repeater Panel for indications/alarm of FIRE and FAULT at

PH 1A, PH5 & ARU control room.

Page 18 of 48




m) Provision of potential-free contacts a t R i m s e a l M a i n F i r e A l a r m P a n e l for

F ire a n d Fault Signals for each tank for necessary hook up with main fire alarm system at the location.

n) Provision of RS485/RS232 or equivalent communication links up-to Rim Seal Main

Fire Alarm Panel at control room/operator cabin for connection with laptop computer.

o) Provision of Uninterrupted power supply at the Rim seal main Fire Alarm panel at Fire Station control room for uninterrupted operation of entire rim seal fire protection system. UPS shall be single phase, parallel redundant, with bypass transformer, static voltage stabilizer and battery bank (Plante type) with 2 hours back up. UPS shall be provided with 2 sets of rectifiers and inverters.

p) Power distribution from owner３ s source of supply to UPS & further distribution

to rim seal main fire alarm panel, LCP３ s located near dyke area, rim seal detection

& fire protection system mounted over the tank roof & repeater panel shall be designed, supplied & installed by the Bidder.

q) Supply & Installation of One Graphic Console of adequate hardware

(LG/Samsung/Sony/Panasonic make 21 inch size LCD) with software for graphical representation of unique site based layout of tank farm indicating tanks being

protected by rim seal fire protection system, LCP３ s & Repeater station. The

software shall have features of tank number with active pop-up, event logging, history and prints.

r) Manual simulation at Graphic Console, rim seal main fire alarm panel at the Fire Station control & LCP shall be provided.

s) Audible and visual alarms shall be provided on rim seal main fire alarm panel (in

control room), repeater panel (PH 1A, PH 5 & ARU control room) and LCP (outside the dyke) , which shall be audible up to 500 m radial distance.

t) Suitable Water supply arrangement for re-filling each foam modules mounted over

tank roofs shall be made. G.I. Piping is required to be laid from tank roof top to the nearest fire water hydrant line along the road outside the dyke area & standard 63 mm instantaneous male hose coupling shall be fitted at the end for connectivity with nearest fire hydrant.

u) Portable trolley mounted N2 filling kit including cylinder, & hose reel to facilitate

pressurizing the foam modules shall be provided for each location. Nitrogen & Foam filling till SAT is to be arranged by Vendor

v) Supply of Manuals containing Operating and Maintenance procedures, as built

Page 19 of 48



Class- A petroleum products NRL Refinery, Numaligarh

drawings, technical documents & approvals in Hard copies & CD form.

w) Supply of all software on CD along with required software licenses.

x) To carry out Site acceptance test as per clause 15.0 of the tender specifications.

Which shall include, loop testing of all the cabling done, integration of the entire sub-systems & demonstration of performance of all the sub-systems in totality & Commissioning the system to the satisfaction of Engineer-In-Charge.

y) Training of the Owner３ s personnel on functional, operational & routine

maintenance aspects of the system.

z) The vendor is required to carry out All the associated civil, mechanical, electrical &

instrumentation work required for completion of the job. Power required for construction shall be arranged by the vendor at its own cost.

Any other component and software required for completion and commissioning of Rimseal Fire Protection system shall be supplied & installed by the Bidder except the

items mentioned under the Owner３ s scope under clause 6.0.

22.0 Owner’s Scope

Owner shall provide either 230 V (+ 10%) or 110V (+ 10%), 50 Hz (+ 3%) AC Power at sub-station near to Fire station control room/PH1/PH5/ARU control room as a single point source by the owner. Further power cabling up to UPS system being supplied by the vendor , distribution of power from UPS to Main fire alarm panel / graphic console located in the control room, LCP (Local control panel) located outside the dyke & rim seal detection & Foam suppression system mounted on the tank shall be designed, supplied & installed by the Bidder. Bidder shall indicate the maximum and normal operating power loads along with the technical bid.

Owner shall arrange to get the floating roof tank design verified for establishing suitability of installing of above fire detection & automatic extinguishing system. The necessary inputs regarding weight & configuration of fire protection system to be mounted on the tanks shall be provide by the bidder along with the technical bid.

Water required for testing & commissioning of system shall be provided by Owner at single pre-determined point in the location.

Owner shall also Provide electrical power earthing pits required for earthing. Owner shall provide available space for constructing temporary shed inside the premises. The same has to be demolished/restored to original condition after the completion of job.

Page 20 of 48



Page 22 of 48

FAIL SAFE / DIAGNOSTIC FEATURES/ REQUIREMENTS

Annexure -I

CASE 1: Power failure from mains to the main rim seal fire alarm panel located in the control room :

Power supply to all components of the Rimseal fire protection system including panels shall be taken from Un-interrupted Power Supply (UPS) source. In case of failure of AC Power, UPS should be rated to supply continuous power for minimum 2 hours to all the components of the system.

CASE 2: Any problem in functioning of main rim seal fire alarm panel located in control room :

The rim seal protection System should independently be able to actuate the extinguishing system locally on the tank upon detection of fire without any support from the main rim seal fire alarm panel / graphic console located in the control room . This feature should be of de-centralized type and independent for each tank.

CASE 3: Failure / cut of any or all signal cables communicating to / from tank to

control room :

The detection system should have the feature whereby it would still remain functional locally on the tank i.e. detect fire, give alarm (actuation signal) locally and actuate the extinguishing system. Cable fault signal should be displayed on the Main rim seal fire alarm panel / graphic console in control room.

CASE 4: Failure / cut of any/or all power cables supplying power to the local unit of the tank: The system shall provide fault alarm/signal at main rim seal fire alarm panel / graphic console located in control room ..

CASE 5: Failure of detection system installed on the tank

The system should give „detection fault３ alarm signal at main rim seal fire alarm panel , LCP

& graphic console located in control room .

CASE 6: Leakage / damage in detection Tube:

Fault indication / alarm should be displayed on the main rim seal fire alarm panel /Graphic console

CASE 7: Pressure in the Foam module low:

Low module pressure indication & alarm should be displayed on the main rim seal fire alarm panel , LCP & Graphic console



Page 23 of 48

SPECIFICATIONS FOR AFFF/AR-AFFF FOAM

Annexure II

Aqueous film forming foam (AFFF) 3% concentrate should have UL Listing (Underwriters Laboratories Inc.) under UL 162, the standard for foam equipment and foam Concentrate. In addition the AFFF should have spreading co-efficient of +4.5 as per OISD Specification No.115. The AFFF shall also have IS mark. Foam shall be supplied by the bidder for the purpose of SAT and thereafter for first fill.

The foam concentrate should be biodegradable and environment friendly. In addition to above the AFFF should be free from buty1 carbitol and perfluorooctany1 sulfonate (PFOS).

The AFFF concentrate should be capable of being stored in sealed container for a period not less than 10 years at local ambient temperatures and conditions encountered under covered shed without deterioration by chemical or bacterial action.

The bidder must enclose a copy of UL listing and BIS certificate along with the offer. The said UL Listing/approval should be in the name of the vendor from whom the bidder intends to purchase the foam. The bidder must enclose copy of UL Listing / Recognition of the containers along with the offer. The said UL Listing Recognition should be in the name of the vendor and should include containers.

The bidder to submit the certificate / documentary evidence testifying that the AFFF foam concentrate has been evaluated by Underwriters Laboratories / for its compatibility for use with spray nozzles

The physical and Performance characteristics of AFFF as listed below:

PHYSICAL AND PERFORMANCE CHARACTERISTECS AS PER UL 162 AND IS 4989 PART 2 WITH LATEST AMENDMENTS UP TO DATE

PHYSICAL CHARACTERISTICS TESTS

Sr.

No. Properties Values Test

Method Max Min 1 Viscosity, centistokes at 270 C +/-10 C 10 - Para 2.1 2 Hydrogen lon concentration (PH) for both

original and conditioned sample 8.0 6.5 Para 2.2

3 Specific gravity for both original and

conditioned sample 1.15 1.0 Para 2.3

4 Miscibility with both normal & sea water Miscible Para 2.4 5 Sludge contents (%v/v) 0.25 Para 2.5

6 Freezing point Shall flow at 00 C Para 2.6

7 Spreading coefficient - 4.5 Para 2.7



Page 24 of 48

PERFORMANCE CHARACTERISTICS AS PER IS 4989 PART 2

Sr.


Method Max Min 1 Expansion at 27+/-50C 12 6 Para 2.8

2 25% drainage time at 27+/-50C - 12.0 Para 2.9

3 Fire Test Extinction time 60 secs 0 Para 2.10 4 Resistance to Burn Back (Thermal Stability) - 8 mins Para 2.11

5 Film Forming Test - 5 mins Para 2.12

PERFORMANCE CHARACTERISTICS AS PER UL 162

Sr.


Method Max Min 1 Fire Test Extinction time at 270

0 C 3 mins - Para 2.13

2 Sealability / Torch Test - 9 mins Para 2.14

3 Stove Pipe Test - 5 mins Para 2.15

Test Methods/Procedures for AFFF:

a) VISCOSITY

Viscosity shall be determined by method prescribed in IS 1206 (Part 3) – 1978 using viscosity meter SI. No. IV of Table 2.

b) pH VALUE

pH shall be determined using a pH meter with a glass electrode and reference electrode as per method specified in Appendix A of IS 4989 (part 2) – 1984.

c) SPECIFIC GRAVITY

Specific gravity shall be determined as procedure prescribed in IS 4989 (Part 2)- 1984 Appendix-B.

d) MISCIBILITY WITH WATER

Miscibility with water shall be determined as per procedure prescribed in IS 4989 (Part 2) 1984 Appendix-C.

e) SLUDGE CONTENTS

Sludge contents shall be determined as per procedure prescribed in IS 4989 (Part 2)- 1984 Appendix-D.

f) FREEZING POINT

Freezing point shall be determined as per procedure prescribed in IS 4989 (Part 2) 1984 APPENDIX-E



Page 25 of 48

g) SPREADING COEFFICIENT

Spreading coefficient shall be determined as per formula/method described in IS 4989 (Part 2) - 1984 Appendix –H-valve as per OISD 115.

h) EXPANSION

Expansion of the foam shall be determined as per procedure prescribed in IS 4989 (Part 2) 1984 – Appendix – J.

i) 25% DRAINAGE TIME

25% drainage time shall be determined as per procedure prescribed in IS 4989 (Part 2) 1984 Appendix- K

j) FIRE TEST EXTINGUISHMENT TIME

Fire test extinguishments shall be determined as per procedure prescribed in IS 4989 (Part 2) – 1984 Appendix – L

k) RESISTANCE TO BURN BACK

Resistance to burn back shall be determined as per procedure prescribed in IS 4989 (Part2) – 1984 Appendix – M.

l) FILM FORMING

Film forming test shall be determined as per procedure prescribed in IS 4989 (Part 2) 1984 Appendix –G

m) FIRE TEST AS PER UL 162

Fire pan size and shape: 50 Sq.Ft.(4.65 Sq.Mtr)

(LxBxH) (L=7.07 ft.., B=7.07ft, H=11inch.min)

Fuel Type: Haptane

Qty: 243 Ltrs.

Preburn time: 60 Sec

Application Density (LPM/M2): 1.62

Fire test shall be determined as per procedure prescribed in UL 162 (Sept.1999) as per Clause 10

B Fire Test – Topside discharge devices type III application, Heptane３ s test nozzle.

n) SEALABILITY/TORCH TEST AS PER UL 162



Page 26 of 48

Sealability /Torch: 9mts Torch Test

Torch Test shall be determined as per procedure prescribed in UL 162 (latest edition) as per Clause 10.5.4

o) STOVEPIPE TEST AS PER UL 162

a. Size of pot: Cylindrical Dia 12 inch and length 12 inches.

b. Test Fuel & quantity: On the fire test fuel.

c. Time (min): Not more than 10sq.ft area in 5 mts.

Stove Pipe test shall be determined as per procedure prescribed in UL 162 (Sept. 1999) as per Clause 10.5.5 and 10.5.6.



Page 27 of 48

ANNEXURE-III

SPECIFICATIONS FOR ELECTRICAL ITEMS & CABLES :

1. SPECIFICATION FOR EXPLOSION / FLAMEPROOF JUNCTION BOX

1 Body & Cover Cast Al. Alloy (LM-6); minimum 5 mm thick. 2 Gasket Neoprene rubber

3

Terminals Clip on type, block locked at both ends suitable for up to 2.5 mm2 conductor.

4 Tag nameplate to be provided 5 Paint Anti corrosive epoxy paint, shade light gray

6 Protection class

Flameproof – Exd Zone 1 & 2, Group IIA, IIB as per IS 2148, T6 & IP 65 to IS 13947/93, PESO (CCOE) approval

7

Other

Flameproof junction box shall have detachable cover, which is fixed, to the box by means of cadmium plated hexagonal head screws. Terminal shall be spring loaded, vibration proof, clip-on type, mounted on nickel plated steel rails complete with end cover and clamps for each row. Sizing shall be done with due consideration for accessibility and maintenance in accordance with the following guidelines:

• Two Terminal strips consisting of 24 terminals shall be provided

• 50 to 60 mm gap between terminal strips and sides of box parallel to terminals strip ,

• . 50 to 60 mm gap between two parallel terminal strips . terminals strip ,

• Bottom/ top of terminal strips shall not be less than 100 mm from bottom/top of the Junction Box

All junction boxes shall be provided with external earthing lugs All junction boxes shall be provided with 20% spare cable entries and terminals. Each junction box shall have a minimum of 10% or 2 Nos. whichever are higher, spare entries. All spare entries shall be with EXD plugs. Flameproof / WP Double compression type SS cable glands /Plugs shall be provided by vendor.. All the cable glands shall be preferably NPT with PVC hoods unless otherwise specified.

8

Cable Entry Shall have min. 12 side entry points(1/2” or ¾ “) for 2C x 1.5 mm2 cable and 1 bottom entry (1½”) for Multicore cable ( 24C x 1.5mm2)



Page 28 of 48

Manual Activation Point (MAP)

No. Description Specification A. Mechanical Data 1 Type One push button actuated with mushroom head 2 Material Aluminum LM6 with safety glass 3 Protection Flameproof – Exd Zone 1 & 2, Group IIA, IIB as per IS

2148, T6 & IP 65 to IS 13947/93, PESO (CCOE) approval

4 No. of contacts 2 NO + 2 NC. 5 Contact Rating 230V AC, 5A 6 Gasket Neoprene

2. CABLES :

Power and Control cables shall be 1100 / 660 V grade. Multi stranded copper conductor. PVC insulated, PVC inner extruded sheathed, GI wire / Strip armoured and FRLS PVC outer sheathed confirming to IS 1554.

Signal cable shall be with multi stranded copper conductor. PVC insulated 2 cores twisted to form a pair, shielded with an aluminium Mylar tape along with multi-strand bare tinned annealed copper drain wire pair laid up together overall shielded with aluminium Mylar tape, PVC inner sheath, galvanized wire armoured and overall FRLS PVC outer sheathed as per IS 5831.

Sequential marking on outer sheath to be provided at an interval of 1 M.

2.1. SIGNAL CABLE

Type of cable Single pair/ Multi-pair shielded copper cable Construction Min. 1.5 mm2, 7/0.43 strand annealed tinned electrolytic copper as

per IS 8130/84 Primary insulation PVC compound type ST2. Thickness - 0.6 mm (minimum) extruded

PVC as per IS 5831 type C

Pair twist Two cores of the pair shall be twisted. Ten number of twist per meter shall be minimum

Shield (Individual Pair) Each pair shall be shielded with aluminium backed Mylar, tape with 100 % coverage and minimum 25 % overlap.

Shield (Multi-pair) Same as above for individual pair shielding. Also the overall shield shall be of aluminium backed Mylar tape with 100 % coverage and minimum 25 % overlap.

Shield thickness Min. 0.05 mm for individual and overall shielding Inner Jacket Extruded PVC, type ST2 ,

Thickness – 0.7 mm Outer Jacket Extruded PVC, type ST2, FRLS, Blue colour

Thickness – 1.4 mm (min) Pair identification As per BS:5308 ( Table 11) Rip cord Shall be provided



Page 29 of 48

Drain wire 0.5 sq. mm multi-strand bare tinned copper conductor in a

continuous contact with aluminium side of the shield shall be provided,

Armour Armour over inner jacket shall be of Galvanized steel wire as per IS 1554. Part I

Electrical characteristics Maximum resistance of the conductor of the complete cable shall not exceed 12.3 ohm/Km at 20-deg. C Mutual capacitance of the adj. cores or pair shall not exceed a max. Of 250 nF/Km at a frequency of 1 kHz. Capacitance between any core and screen shall not exceed 400 pF/m at a frequency of 1 kHz. L/R ratio shall not exceed 40 micro henries per ohm.

2.2 POWER CABLE

Type of cable XLPE (FRLS) insulated armoured Cable

Construction Size as per actual design, multi stranded annealed bare electrolytic grade copper conductor.

Voltage Rating Up to and including 1100 volts

Primary insulation Extruded PVC compound as per IS 5831 type A

Inner Sheath Extruded PVC compound type STI, min thickness as per table 4 of IS 1554 Part (I)

Outer Sheath XLPE, Colour black, , FRLS (Fire Retardent Low Smoke ), Oxygen index of 29 at 27 (+/- 2) deg C.

Armour over inner sheath

Galvanized steel wire for UAD less than 13 mm, Galvanised steel strip for UAD greater than 13 mm Dimensions as per table 5 of IS 1554 Part I

Core identification 2 Core : Red & Black 3 Core : Red, Yellow & Blue

Note:

Extra core to be considered for purpose of internal earthing of FLP Equipment

2.3 CONTROL CABLE

Type of Cable

PVC (FRLS) insulated armoured Cable

Cable Size

• Branch Cable - 3C x 1.5 mm2

• Multicore Cable- 24C x 1.5mm2

Construction

Solid bright annealed electrolytic copper conductor, insulated and sheathed as per IS-8130. Multi stranded annealed bare electrolytic grade copper conductor

Primary Insulation

Extruded PVC compound as per IS 5381 type C. Min thickness as



Page 30 of 48

per IS.

Inner Sheath

Extruded PVC compound, type ST2, Min thickness as per IS 5831

Outer Sheath

Extruded PVC compound, type ST2, Min thickness as per IS, FRLS (Fire Retardent Low Smoke ), Black Colour.

Armour

Shall be provided of galvanized steel wire/flat strip (1.4mm wire for 2-pair and . 4 x 0.8mm strip for multi-pair)

Electrical Characteristics

Max. Resistance of the conductor of the cable shall not exceed 12.4 ohm/km at 20 deg. C

Voltage Class

Upto & including 1100V

Core Identification

Core Identification number shall be provided at a distance of not more than 1m

3.0 SPECIFICATION FOR G.I. CABLE TRAYS & ACCESSORIES

Codes

IS 1079

Hot Rolled Carbon Steel & Strip

IS 816

Code of practice for use metal arc welding for general

IS 2629

Recommended practice for hot dip galvanizing of iron & steel

IS 2633

Method of testing, uniformity of coating on zinc coated articles

Indian Electricity Act & Indian Electricity Rules

Tray & Accessories

Type

Perforated

Width

As Specified

Standard Length

2500mm

Thickness

2.5mm

Height

50mm

Support Span

2500mm

Hardware

Nuts, Bolts, Washers

Electrogalvanised / Zinc Passivated

Coupler Plate

Perforated Type

2.5mm

Sizes

As per Installation Standards



Page 31 of 48

Coupler Plates shall be provided with necessary fixing hardware

Coating

Coating Thickness

65 micron

Zinc Deposit

460 gms/sq. mtr

Makes

Indiana / Profab / Anand Udyog / Superfab

4.0 STANDARD SPECIFICATION / PROCEDURE FOR CABLE LAYING

a. Armoured power, control & signalling cables shall laid above ground on G.I. Cable trays or directly buried under soil / through HDPE pipes as per approved drawings.

b. In direct burial, cable trenches shall be prepared by earthwork in excavation in all types of soils and across roads, dykes etc. as required. The automation vendor shall carry out all the necessary shoring, strutting and bailing of water wherever required. The trench shall be kept dry. The trench bottom shall be rammed, levelled and back filled with a layer of fine river sand.

c. The entire cable length has to be laid overhead or on pedestals except where there is no other alternative but to lay the cable underground through Hume pipes / trenches.

d. Supply of G.I. perforated type cable trays along with cover (2.5 mm Thick; 25 mm edge height), fixing at site by doing necessary welding on steel structure, laying of cable trays over the pedestals are all included in the scope of work.

e. The perforated trays shall be properly supported at a regular interval of maximum 1000-mm from insert plates or steel structures. Wherever insert plates are not available, supports on concrete structures on ceiling shall be fixed with minimum 10- mm diameter expansion bolts. Angle supports for perforated trays shall be fabricated from 40mm x 40mm x 5mm MS angles minimum size.

f. Steel structural staging & supports for laying cable trays shall be provided by NRL. However, supports for trays at regular intervals shall be provided by the automation vendor.

g. Necessary loops to be provided at both ends. There shall be no joints in the cables.

h. Cable route markers at regular interval to be provided.



Page 32 of 48

i. Bending radius of cables shall not be less than 12 times O.D. of cable.

j. All cores of cable shall be identified at both ends by means of PVC ferrule. Ferrules shall be of single sleeve type. Ferrule numbering shall be source destination type (cross ferruling).

k. Cable leads shall be terminated at both ends by crimped type soldering.

l. Power and signal cables shall have to be laid in separate pipes or on separate cable trays as the case may be, by adequate spacing of min. 300 mm.

m. Supply of cables shall include laying, termination at both ends, digging the trench,

providing Minimum 150 mm thick layer of sand above and below the cable, laying

protection brick, back filling of trench, providing cable markers at regular intervals,

supply of cable trays for above ground cables / overhead cables, supply of HDPE

pipes for road crossing.

o. Desired minimum depth of laying from ground to the top of cables shall 600 mm for low voltage and control cables, 1000 mm for cables at road crossing.

p. Wherever the cables have to cross the asphalt roads, the rate quoted shall include cutting of the asphalt and WBM roads including soling and necessary excavation to the required depth and back filling the trench with river sand and restoring the asphalt / WBM roads to its original condition including compacting and rolling the surface shall be arranged by the vendor.

q. Wherever underground conduits are provided by other contractor & if space is available than automation vendor shall lay cables in conduit without any additional cost.

r. Separate cable tray shall be used for laying Power & Signal / Communication / Control Cables.

s. The cables shall be laid with min. spacing of “D” (D being the diameter of the thicker

cable) * 15mm from edge of the cable tray. Power Cable shall be laid in separate trench and Signal & Communication Cabling shall be laid different trench. The same may be laid in common trench provided physical barrier in the form of bricks are provided in such a way that both are laid min 300mm apart. Power & Signal / Communication / Control Cables shall be laid separately.




t. Wherever the cables have to cross the asphalt roads, the job shall include cutting of the asphalt and WBM roads including soiling and necessary excavation to the required depth and back filling the trench with river sand and restoring the asphalt / WBM roads to its original condition including compacting and rolling the surface.

u. All the cables be neatly clamped on the cable tray and loose hanging cables shall

not be allowed. v. Required loops shall be provided at both ends of the main cables. Cable shall be

laid without any joints. w. Cable route markers at 20m/c and at all the bends/turnings shall be provided. x. Bending radius of cables shall not be less than 12times O.D. of cable. y. All cores of cable shall be identified at both ends by means of PVC ferrule. z. Line drivers & all other accessories required in this regard are included in the

scope of work of the vendor. aa. Cable laying shall also include termination of cables at both the ends. Cable leads

shall be terminated at both ends by crimped type soldering. bb. Rate shall also include megger test by 1000V megger for establishing the

healthiness of cable in the drum before removing the same, unwinding and straightening the cable & after laying of cables.

5.0 painting

i) For foam vessels : Shot blast the vessel surface to SA 2.5 specification. Painting shall be done as given below.

name of the paint DFT (Microns) Method of Application

Inorganic Zinc Ethyl Silicate

Primer

1 x60 Air Spray / Airless

High build two pack

ployamide cured epoxy

2 x 100 Brush

Aliphatic acrylic modified

high solids weather

resistant recoatable two

pack polyurethane (finish

coat)

1 x 30 Roller/Brush

Total DFT 290

ii) Other than foam vessels :

a. This part of the specification is applicable to CS impulse pipes, instrument supports

and all other structural supports for cable trays, ducts, impulse tubes, airlines etc.

b. The surface to be painted shall be thoroughly cleaned with wire brush, sandpaper to remove all scales. After cleaning, the surface is painted with one coat of Self priming epoxy mastic paint ( 1X 125 microns apply by brush) followed by one coat of High build two pack ployamide cured epoxy paint (1X125 microns –apply by brush) , followed by one finish coat of Aliphatic acrylic modified high solids weather resistant recoatable two pack polyurethane (finish coat)

(1 X 30 microns , apply by roller/brush)

c) The name of manufacturer, color and quality of all types of primer paint shall be

subject to approval of NRL.

6.0 INSPECTION, TESING AND ACCEPTANCE

The cables shall be tested and inspected at the manufacturer３ s works or alternatively at lab

if the cables are procured from traders. All the materials employed in the manufacture of

Page 33 of 48




the cable shall be subjected, both before and after manufacture, to examination, testing and approval by Third Party Inspection. Manufacturer shall furnish all necessary information concerning the supply to NRL . After completion of manufacture of cables and prior to dispatch, the cables shall be subjected to type, routine, acceptance and special tests as detailed below. NRL reserves the right to witness all test with sufficient advance notice from vendor. The test reports for all cables shall be approved from the Third Party Inspection agency before dispatch of the cables. All routine tests, acceptance tests, type tests and additional type tests for improved fire performance shall be carried out as listed in IS:1554 (Part I). The test requirements for PVC insulation and sheath of cables shall be as per latest revision of IS:5831.

• Test for Resistance to Ultra Violet Radiation:- This test shall be carried out as per DIN 53387

or ASTM-G-53 on outer sheath. The retention value of tensile strength and ultimate

elongation after the test shall be minimum 60% of tensile strength and ultimate elongation

before the test. Test certificates with respect to this test (not older than one year) from

recognized testing laboratory to be furnished for review by Third Party Inspection agency

before dispatch clearance of cables. In case test certificates are not available, test is to be

conducted by vendor at his own cost in any recognized test laboratory or in house testing

laboratory, before dispatch clearance of cables. Sampling for this test is to be done

randomly once for each order, provided outer sheath remains same.

• Acceptance test as per IS-1554 (Part 1) and the following special tests to be performed on

the cables as per sampling plan. These tests are required to be witnessed by Third Party

Inspection Agency before dispatch of cables.

o Accelerated water absorption test for insulation as per NEMA-WC-5 (for PVC insulated

cables). Test certificate with respect to this test (not older than one year) from

recognized testing laboratory to be furnished for review by Third Party Inspection

Agency before dispatch clearance of cables. In case test certificates are not available,

test is to be conducted by vendor at his own cost in any recognized test laboratory or in-

house testing laboratory, before dispatch clearance of cables. Sampling for this test is to

be done randomly once for each order, provided type of insulation remains same.

o Dielectric Retention Test :- The dielectric strength of the cable insulation tested in

accordance with NEMA WC-5 at 75 +/- 1 deg C shall not be less than 50% of the original

dielectric strength (for PVC insulated cables). Test certificates with respect to this test

(not older than one year) from recognized testing laboratory to be furnished for review by

Third Party Inspection Agency before dispatch clearance of cables. In case test

certificates are not available, test is to be conducted by vendor at his own cost in any

recognized test laboratory or in-house testing laboratory, before dispatch clearance of

cables. Sampling for this test is to be done randomly and once for each order.

Page 34 of 48




o Oxygen Index Test:- The test shall be carried out as per ASTM D2863 or applicable

Indian Standard Specifications. Sampling to be done for every offered lot/size as per

sampling plan.

o Flammability Test:- The test shall be carried out on finished cable as per IS-10810 (Part

61 & 62). Sampling for these tests is to be done randomly once for each order provide

outer sheath remains same. The acceptance criteria for tests conducted shall be as

under:-

� Part-61 :- The cable meets the requirement if there is no visible damage on the test

specimen within 300mm from its upper end.

� Part-62 :- The maximum extent of the charred portion measured on the test sample

should not have reached a height exceeding 2.5m above the bottom edge of the

burner at the front of the ladder.

o Test for rodent and termite repulsion property. The vendors shall furnish the test details

to analyze the property by chemical method. Sampling to be done for every offered lot /

size as per sampling plan.

In case the cables are purchased through Traders the same shall be sent to lab for testing purpose.

Earthing

Each panel, cabinet and other equipment in control room shall be provided with an earthing lug. All these lugs shall be properly secured to the AC mains earthing bus.

The earthing cables from the earth-pit to the respective systems shall be insulated and use of bare cable / strips shall be avoided.

EARTH PITS

Separate earth pits shall be provided for system earth, IS earth, power earth, and general body earth for instruments, equipments, junction box body etc. These earth pits shall be separate and isolated from electrical earth pits. Earth pit resistance and exact no earth pits/electrodes shall be

considered based on the PLC, TFMS & other instrument３ s manufacture３ s requirements

and recommendation. For system earth redundant earth pit shall be provided. Both earth pits shall be connected to form ring loop.

Instrument Grounding System In principle, grounding earth for instruments shall be provided in compliance with instrument manufacturer's recommendation. However, two independent earth pits shall be provided for following:

Signal Earth: Low voltage/IS signals (Shield) etc shall be connected to this earth. Grounding shall have 1 ohms or less than 1 ohms earth resistance unless otherwise recommended by System manufacture.

Page 35 of 48




When recommended by system manufacturer for independent earth pit it shall be provided as specified.

Power Earth: The frame of Panels/cabinets/junction boxes, instrument body etc. shall be connected to this earth . Power earth for high voltage level of 240 /110VAC shall be connected to this grounding. Earth resistance shall be 5 ohms or less than 5 ohms for standard electrical earth pits in this project.

Page 36 of 48




TECHNICAL SPECIFICATION FOR VARIOUS INSTRUEMNTS

Annexure-IV

1. ALARM ANNUNCIATOR

• Mounting - Solid state plug in type

• Power supply – (To be provided by the bidder)

• Legend size - 4mm

• Flasher/horn driver – One audible upto 500 M

Module

• Sequence module - Sequence ISA-S18.1 F2M-1 for all the points

• Indication - LED Array per point replaceable from front,

• Legend - black letter on white translucent background

• Fault indicating alarm - break to alarm

• The annunciator shall be of solid-state type having first out sequence with manual reset.

2. PRESSURE GAUGE

• Instrument ref.No.:

• Qty.: As reqd. for safe and efficient operation of the system

• Fluid: Water / Air

• Working pressure:

• Pressure range:

• Ring type: Screwed

• Element: Bourden

• Location/size: Bottom ½ “ NPT (M)

• Connection type and rating: Screwed NPT (M)

• Mounting: Local

• Element: SS316

• Case: SS316

• Movement: SS316

• Accessories: S NUMBER – SS 316

• Accessories material: Bidder to specify

• Accessories connection: ½ “ NPT (M)

• Size/type: Blow out disc micrometer pointer

• Accuracy: 1% calibration at site in presence of Engineer-in-charge

• Enclosure type: Weatherproof, IP 55

Page 37 of 48



Page 38 of 48

3. PRESSURE SWITCH

• Qty. required: As reqd. for safe and efficient operation the system

• Service Fluid: Water /Air

• Working pressure:As per design of the vendor

• Working temperature: Ambient

• Element type: Bellows

• Element material: SS 316

• Connection size and type: ½ “ NPT(F)

• Location: Bottom

• Over range (max.op.pr):

• Set point: as per design requirements

• Switch type: Snap acting micro switch

• Switch action: Opens on low pressure condition

• Accuracy: 0.5%

• Cable entry/size: ½ “ NPTF

• Enclosure type: Weather proof, IP 65, Ex (d)

• Setting adjustment: 10% to 90%

• Gland type: Weather proof

• Mounting: Direct with brackets

• Alarm contacts, rating: SPDT, 5A

• Case material: Die cast Aluminium

• Calibration: Calibration at site in presence of engineer-in-charge

4. JUNCTION BOX SPECIFICATION

• Type: For connecting cables from individual instruments

• Enclosure: Explosion proof (Ex(d)), W/P IP65

• Mounting: Bracket / pedestal mounting

• Entries: As per requirement

• Cable glands: Adequate double compression cable glands to be provided

• Earthing terminal: Required

• Drain fittings: Required

• Tag plate: Non corrosive SS tag plate

5. SOLENIOD VALVE

• Coil Voltage: To be provided by the Bidder

• Coil insulation: Class H insulation as per IEC-85/IS-1271

• Enclosure: Weather proof to IP 65



Page 39 of 48

• Ex. Proof required: Yes, Ex(d) required

• Body of the valve: SS 316

• Seat: SS 316

• Disc: Teflon

• Seal: Teflon

• Port type: 3 way

• No. of coil: single

• Pneumatic connection: ¼” NPT(F)

• Cable entry: ½”NOT(F)

• Accessories: Bug proof on vent port SS cable gland

6. Graphic Console :

1.

Make

DELL / HP / IBM

2.

Model

To be furnished by vendor

3.

Processor

Intel Core i5-760 processor(2.8 GHz, 1333Mhz FSB, 8 MB cache)

4.

Processor cache

6 MB Advanced Transfer Cache

5.

RAM

6 GB DDR3 SDRAM

6.

Hard Disk Drive

500 GB SATA 3.0Gb/s

7.

Optical Drive Single drive: Blu-ray Disc Combo (DVD+/- RW+NABRCBO BD-ROM)

8.

Video Card

In Built – ATI Radeon HD5770 1GB

9.

Sound Card

Integrated high definition 7.1 channel audio

10.

Speaker

Multimedia Desktop speaker system

11.

Graphics Subsystem

NVIDA Quadro Graphics card for supporting high resolution images

12.

Keyboard

Minimum 104 keys

13.

Mouse

Optical

14.

Built In I/O Ports

1 serial; keyboard; mouse; 2 USB



Page 40 of 48

10/100/1000 Base -TX Redundant LAN Interface

Quad Card for expansion of monitoring screens

15.

Ethernet

Dual integrated 10/100/1000 Mbps Ethernet

16. Monitor

21.5" Full HD Wide screen Flat panel with provision to accept input from two work stations with toggle button to select the work station.

17

Operating System

Microsoft Windows 7 Professtional

18

Software

Microsoft office 2010

19

Antivirus program

Required

7.0 SPECIFICATIONS FOR MAIN RIM SEAL FIRE ALARM PANEL

b. Panel shall be of freestanding, enclosed type and shall be designed for bottom entry for

cable connection. Panel３ s structure shall be sound and rigid and shall be provided with

removable lifting lugs to permit lifting of the panels.

c. Panel shall be fabricated from cold rolled steel sheet of minimum 2-mm thickness suitably reinforced to prevent warping and buckling. Doors shall be fabricated from cold rolled steel sheet of minimum 1.6 mm thickness. Panel shall be thoroughly deburred and all sharp edges shall be grounded smooth after fabrication.

d. Panel shall be of maximum 2100-mm height and 800 mm width.

e. Painting of Control Panels shall be oven baked (2 primer coats and 2 final coats) powder coating, with matt finish. The colour scheme is as below-

f. Panel Exterior – Light Grey (RAL 7035)

g. Panel Interior- Pale Yellow

h. A 100mm channel base is to be provided at the bottom for mounting the Control Panel. Shade shall be Light Grey (RAL 7035).

i. Control Panel-Front, shall be provided with cut-outs for Flush mounting of Alarm Annunciator & Accessories.

a. Control Panel – Rear, shall be equipped with access doors. Doors shall be equipped with lockable handles and concealed hinges with pull pins for each door removal.

i. In order to effectively remove dissipated heat from the panels, vent louvers backed by wire fly screen shall be provided to panel doors. Two nos. each i.e. total four nos. of ventilation fans shall be provided for front & rear portions of the panel.

j. Illumination shall be provided for all panels by CFL/ LED Lamps and door operated micro switches. Utility socket of the rated power supply shall be provided.



Page 41 of 48

k. Equipment, within the panel, shall be laid out in an accessible and logically segregated manner. Clamping rails shall be provided for incoming cables to prevent excessive stress on the individual terminal. All metal parts of the panel including doors shall be electrically continuous and shall be provided with a common grounding lug.

l. Terminals Blocks and wiring

1. Termination blocks shall be of clip-on type mountable on standard rails. They

shall be of shrouded type with slot for screwdriver. TB shall be of stacking type.

2. Wherever needed, fused TB with adequate rated fuse shall be provided.

3. Terminal blocks shall be so located that there is proper accessibility.

4. Terminal Blocks for 230 V AC and 24 V DC shall be of different colours. There

shall be CAUTION plate with plastic holding screws.

5. Single terminals shall not be used for terminating more than 2 wires.

6. Terminal blocks shall carry identification marks on each of them.

7. At least 20% extra terminals shall be provided.

8. Panel wiring shall be neat and tidy, confirming to the engineering practice

existing.

9. 1100 volts grade, PVC insulated, multi strand, single core cable shall be used as

per specification.

10. Cable size of minimum 0.5 sq. mm to 2.5 sq. mm or higher size depends on the

current rating.

11. Recommended colour codes for wires

• 230 V Phase Red

• 230 V Neutral Black

• 230 V Ground Green

12. All cables shall be routed through good quality rectangular cable ducts. Cables

shall occupy only up to 60% of duct area.

13. Wire termination shall be made with solder less crimping type tinned copper lugs of suitable shape such as bootlace, spade, etc., which shall firmly grip conductor and insulation. Sleeves shall be provided for all wire termination.

14. All cables shall be properly marked at both ends using ferrules. These ferrules shall be printed on an electronic machine using a single PVC sleeve. At each end target and source code shall be described.



Page 42 of 48

m. Breakers and Fuses:

All electrical circuits shall be fed from moulded case circuit breakers, installed in the “line” lead, using separate breaker for each circuit. Neutrals may be bussed but must be identified with the associated circuit breaker.

Each type of power supply (230 V AC, 50Hz) of each section shall be isolated by means of adequately rated single pole thermal magnetic circuit breaker.

Circuit breaker shall be of the miniature thermal magnetic type and shall be of plug in construction (supply with plug in terminal block)

Current trip rating shall be selected to protect the load as applicable, for instrument supply generally 0.5A (assumed), common circuit breaker is to be provided to switch on and off the AC supply of the control system.

Individual circuit breaker shall be provided for each instrument shelf or group of shelves and digital indicators on mimic.

n. Earthing :

1. The Instrument Control panel in the planning room shall be provided with an

earthing lug. All these lugs shall be properly secured to the AC mains earthing bus.

2. All circuit grounds of electronic instruments, shields and drain wires of control cables shall be connected to instrument ground bus, which is electrically isolated from the AC mains earthing bus. This bus shall be typically 25 mm wide and 6 mm thick of copper. The instrument ground bus is connected to independent instrument system ground buses through insulated wires.

3. All safety Isolator shall be securely grounded. The Isolator ground wire shall be capable of carrying a maximum fault level current of 0.5 ampere at 250 V R.M.S. per barrier.

O. ALARM ANNUNCIATOR :

Alarm Annunciator, shall either be solid state type or microprocessor based

programmable type with plug in modules, in a panel with window display with cluster

LED type integral power supply. For cluster type LED display, the number of LED (8

nos.) in the cluster matrix windows shall be sufficient to provide illumination level of a

last 150 lumens. The circuit shall be designed in such a way that removal/failure of LED

from a window/ cluster shall not hamper functioning of that particular window/display.

The annunciator lamps shall be replaceable from the front of the enclosure panel. In



Page 43 of 48

general, dedicated alarm logic module shall be used for each alarm input. However,

when micro processor based alarm Annunciator is offered failure of one microprocessor

shall not affect more than four alarm windows.

An interruption of power supply up to 20 msec shall not affect the functioning of unit.

1.

Type Audio and Visual, solid state with

plug in module

2

.

Mounting

Flush –Panel mounted

3

.

Enclosure

General purpose

4

.

Field contact voltage

Potential free

5

.

Input power

230 V AC, 50 Hz ±5%

6

.

Operating System

ISA-S-18.1

7

.

High Intensity LED

8 nos. in each window (or

Standard)

8

.

No. of Window

16 nos.

9 Flasher Integral



Page 44 of 48

.

10

.

Make /Alarm

Vendor to specify

11

.

Type alarm

Bright flashing with audio alarm (

Breaking of contact of Field

Instrument shall generate the

Alarm)

12. Type of reset Manual

13

.

Type of

Acknowledgment

Lamp glow but Audio silent

14

.

Push Button,

3 Nos. (TEST, ACK, Reset)

15

.

No. of hooters

1 no. Multi tone

16

.

Hooter enclosure

General purpose

The Alarm annunciator shall be mounted on Instrument control panel & and shall

be in general accordance with ISA-S 18.1.

Sequence of alarms for panel display shall be:

Process alarms

Process Abnormal - Lights are flashing and Horn sound

Horn/light Acknowledgement button pressed -Horn silent, Light becomes steady



Page 45 of 48

Process returns to normal before horn & - Light flashing and Horn blowing

Light Acknowledgment buttons are pressed

AUDIBLE ALARM / HOOTER FOR THE MAIN RIM SEAL PANEL

Hooter in general, shall be solid state type with audibility of the order of 100 dB at the distance of 3 meters, the volume of which is variable an adjustable timer shall limit the duration of audible signal. Actuation of the acknowledge button on the panel shall reset the Hooter.



Page 46 of 48

Annexure-VI

APPROVED SUB-VENDOR LIST

Serial No

EQUIPMENTS APPROVED VENDOR

1. ALARM ANNUNCATOR Applied Electronics Bangalore, Procon Instrumentation, IIC , Mumbai, Minilek, Toyo Electronic Corporation Japan , Insta Alarm, Aplab

2 PRESSURE GUAGE Switzer Instruments, H.Guru Instruments

Odin India, Wika Instruments

Wellwin Industries, Manometer(I)Ltd.

Spirana Italy, Wyka Germany

3 PRESSURE SWITCH Switzer, Danfos, Honeywell, UE through, Chemtrols

4 INSTRUMENT PANEL Waves Electronics, Kochi, Megatech Controls

Rittal, Pyrotech, Chemin Controls, Pondichery

5 SIGNAL CABLES Lapp Cables, TCL cables, Nicco Corporation, Associated Cables, Delton Cables, Associated Flexibles & wires Ltd

Brooks Cable works, Polycab, Radiant, Universal, Incab

6 CONTROL CABLES TCL cables, Nicco Corporation, Associated Cables

Delton Cables, Brooks Cable works, CCI, KEI, Torrent, Finolex, Polycab, Universal, Gemscab, Golster cables

7 SOLENOID OPERATED VALVE

ASCO

HERION

8 GI CABLE TRAYS PATNY & CO / TECHNOFAB / INDIANA

/ SADHANA/ IDS Composites/ National Galvaniser/Vatco/Steelite/Ratan Engineering

9 Flameproof

enclosure/Junction box &

cable glands

Baliga Lightings, Flexpro Electricals

CEAG Flameproof Controls, Ex-Protecta / Bajaj/ Sudhir Switchgears, FCG Control Gear/ FEPL/ FCG power industries, Ex Protecta, Sudhir Switch gears

10 Power cables TCL cables, Nicco Corporation, Associated Cables

Delton Cables, Brooks Cable works, CCI, KEI, Torrent, Finolex, Polycab, Universal, Gemscab, Golster cables

11 UPS Emerson, Gutor

12 Instrument Control Panel Rittal, Hoffman, Pyrotech, ICA, Vero president, APW, Enclotech

13 Relays Omron, OEN, Allen Bradly, Pramount, Lzume Denki, Finder.Honeywell



Page 47 of 48

14 Push buttons L&T, Siemens, C&S, GE Power, ABB, Teknic, Merlin GERIN/BCH

15 Indication Cluster LED

Lamps

Binary Electronics and Electricals / Technik/ Siemens / L&T / BCH

16 Miniature Circuit Breakers MDS / Indokopp / Siemens / G. E Power Control / Schneider Electric/ Merlin Gerin

17 Terminal Blocks Phoenix, wago, Elmex

18 Signal Isolators/ Zener

Barriers MTL, P&F

19 24 V Bulk power supply

unit Lamda, Cosel, Phoenix, Siemens, Quint

Note :

1. All the ex-proof /Intrinsic items located in hazardous area shall have CMRI, BIS and PESO certification.

2. In case of imported items the Flameproof /Intrinsic certification from following agency shall be provided. i.e. ATEXFM/BASEEFA/PTB/KEMA/TUV etc. PESO certificate is mandatory for both Indian and imported item.

3. Only in exceptional cases. at sole discretion of owner, In case the bidder intends to provide any alternate makes then prior approval of owner is required. The bidder shall provide documents proving equivalency .



Page 48 of 48

E-Tender Reference No. 9095 Page 1 of 5

PRE QUALIFICATION (PQ) CRITERIA

E-Tender Reference No. 9095

Tender for Design, Engineering, Supply, Installation, Testing, Commissioning and Post Warranty AMC of Rim Seal Fire Protection System for NRL.

1.0 PREAMBLE Bharat Petroleum Corporation Limited herein referred to as BPCL intend to engage agency for Design, Engineering, Fabrication, Calibration, Testing, Supply, Installation and Commissioning of automatic Rimseal fire detection and suppression system of external floating roof tanks (EFRT) in line with the OISD Standard 116.

2.0 PRE QUALIFICATION CRITERIA

The bidders who intend to participate in the tendering process shall meet all the following minimum technical & commercial requirements and only such bidders shall be pre qualified for further evaluation. 2.1 TECHNICAL:

Vendor/ Bidder of the Rim-seal Fire Protection system shall be manufacturer or manufacturer’s authorized supplier/representative for the specified automatic heat detection and extinguishing system and shall meet the following prequalification criteria:

a) The Vendor/ Bidder must have experience of design, supply, installation and commissioning of rim seal fire protection system in EFRT tanks of minimum 30 meter diameter in hot & humid conditions like India within the last 5 years, to be counted prior to the bid due date.

b) The Rim-seal Fire Protection System(s) installed by the vendor/bidder should include

Hollow Metallic tube type Linear heat detection system with foam suppression system, which should have worked satisfactorily for a minimum period of 6 months in any large petroleum/ petrochemical or fertilizer installation.

c) If the Vendor/ Bidder is not the manufacturer, then the following documents to be submitted from the manufacturer of the Detection and Suppression system:

i. Authorization letter from the manufacturer mentioning clearly the specific tender as

well as Name of the Bidder / Vendor as authorized supplier/representative for Indian Territory. This letter shall include a declaration that manufacturer shall provide all necessary logistic support, technical support and after sales service.

ii. Certificate from the manufacturer to certify that authorized supplier/representative

has adequate technical expertise and service support from the manufacturer for Indian Territory.


d) The vendor/bidder shall have to submit an undertaking from the manufacturer of the detection system for support & supply of software & hardware required for operation and maintenance/ repair of detection system for all locations covered under the tender for a period of minimum 10 years from the date of installation of the system.

2.2 COMMERCIAL: a) The average annual financial turnover of the Bidder during the last three preceding

financial years (FY) shall be Rs. 83.0 Lakhs or equivalent.

b) Net worth of the Bidder during the last financial year (FY) shall be positive. NOTE: For the purpose of clause (a) & (b) above, FY will be Year Ending 31st March or as followed by the bidder. Further, for bidders who have not finalized their books of account for the latest FY, evaluation of these criteria would be done for the latest financial year(s) for which books of account has been finalized.

c) The bidder must have experience of having successfully completed works during last 7

years, to be counted prior to the bid due date, as below.

i) Three similar completed works each costing (on landed cost basis) not less than the amount equal to Rs. 111.0 Lakhs or equivalent.(OR)

ii) Two similar completed works each costing (on landed cost basis) not less than the amount equal to Rs. 139.0 Lakhs or equivalent. .(OR)

iii) One similar completed works costing (on landed cost basis) not less than the amount equal to Rs. 222.0 Lakhs or equivalent.

Similar Work means “Design, supply, installation and commissioning of rim seal fire protection system in EFRT tanks of minimum 30 meter diameter in hot & humid conditions like India”.

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

1) Company profile indicating organization structure of bidding entity. 2) Audited Profit and Loss statement and Balance sheet for the preceding three

financial years. 3) The Vendor/Bidder to submit copies of purchase/work order/experience certificate

containing the item description, ordered quantity, proof of supply/commissioning/ satisfactory performance of the system in support of the above vendor pre-qualification criteria.

4) If the bidder is a subsidiary of a parent company and if financial support of the parent company is declared by the bidder, then the financial figures and experience of parent company shall be considered for evaluation.


3.0 General Bidder should ensure submission of complete information/ documentation in the first instance itself. Qualification may be completed based on the details so furnished without seeking any subsequent additional information. Bidder shall submit all relevant documents of their proven track records and satisfactory performance by giving detailed reference (email address/ contact details) of end user(s). Owner shall have the right to obtain feedback directly from any or all end user(s) about performance of the system installed at their location. The Bidder shall not be on the Holiday List of BPCL / EIL / Any Other PSU or government Organization in India and shall submit the declaration for the same as per Annexure – I. The Bidder shall submit the list of Concurrent Commitments along with other details as per Annexure – II


ANNEXURE - I

PROFORMA OF DECLARATION OF HOLIDAY LISTING In the case of a Proprietary Concern: I hereby declare that neither I in the name of my Proprietary concern M/s. _____________ which is submitting the accompanying Bid / Tender nor any other concern in which I am a proprietor nor in any partnership firm in which I am involved as a Managing Partner have been placed on holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry or any other Indian Government Public Sector Undertaking, except as indicated below: (Here given particulars of holiday listing and in absence thereof state “NIL”). In the case of a Partnership Firm We hereby declare that neither we, M/s. __________________ submitting the accompanying Bid / Tender nor any partner involved in the management of the said firm either in his individual capacity or as proprietor of any firm or concern have or has been placed on holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry or any other Indian Government Public Sector Undertaking, except as indicated below: (Here given particulars of holiday listing and in absence thereof state “NIL”). In the case of Company We hereby declared that we have not been placed on any holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry or any other Indian Government Public Sector Undertaking, except as indicated below: (Here given particulars of holiday listing and in absence thereof state “NIL”). It is understood that if this declaration is found to be false in any particular, Bharat Petroleum Corporation Limited or its Administrative Ministry, shall have the right to reject my / our bid, and, if the bid has resulted in a contract, the contract is liable to be terminated. Place: ____________ Signature of the Bidder______________ Date: ____________ Name of the Signatory_______________


ANNEXURE - II

PROFORMA OF CONCURRENT COMMITMENTS

Sr. No.

Full Postal Address of Officer-In-Charge / Contact Person with Fax / Telephone No. / Email Address

Description of Work

Value of Contract (INR/ USD)

Scheduled Completion Period

% of Completion as on date

Expected Date or Actual Date of Completion

Remarks


SPECIAL CONDITIONS OF CONTRACT FOR

DESIGN, SUPPLY, INSTALLATION & COMMISSIONING OF RIM SEAL

FIRE PROTECTION SYSTEM FOR CLASS A PRODUCT TANKS AT NRL.

1. PREAMBLE

Numaligarh Refinery Limited (NRL) proposes to install automatic foam based rim seal fire protection

system on 12 nos. of their “class A” product tanks at Numaligarh Refinery. The project is to be executed

by the Bidder with single point responsibility of f ield engineering, design, detailed engineering,

procurement of all raw material, fabrication, manufacture, supply, transportation up to site, site

installation, construction and commissioning includ ing site acceptance test.

No shutdown of the tank will be given for installation, testing, commissioning of Rim seal Fire Protection system on the tank. The details of the tanks are as below.

Sr.

No.

Tank no. Tank

Dia (m)

Tank

Height

(m)

Product Location Location of

Control

Panel

Location of

repeater

Panel

1 44-TT-FR-102A 40 13.5 Naptha

Numaligarh

(Assam)

Central C/R Fire Station

2 44-TT-FR-102B 40 13.5 Naptha

Numaligarh

(Assam)


3 44-TT-FR-102C 40 13.5 Naptha

Numaligarh

(Assam)


4 44-TT-CFR-117A 25.5 12 Isomerate/

Reformate

Numaligarh

(Assam)


5 44-TT-CFR-117B 25.5 12 Isomerate/

Reformate

Numaligarh

(Assam)



2. GENERAL

This Special Conditions of Contract (SCC)/ Special Purchase Conditions (SPC) shall be read in conjunct ion

with the General Conditions of Contract (GCC) and General Purchase Conditions (GPC), including its

amendments, specifications of work, drawings and any other document forming part of this contract

wherever the context so requires.

BIDDER / CONTRACTOR shall adhere to all the instructions covered under GCC, GPC & SCC/ SPC including

all design standards, as stipulated in the respective sections and should be in a position to submit t he

required records as evidence for review of OWNER as and when required and shall carry out changes

based on OWNER review.

Not withstanding the sub-division of the document into separate sections and volumes wherever done,

every part of each shall be deemed to be supplementary of every other part and shall be read with and

as part of the contract so far as it may be practicable to do so.

Where any portions of the GCC or GPC are repugnant to or at variance with any provisions of the special

conditions of contract, then, unless different intentions appear, the provisions of the special condit ions

of contract shall be deemed to override the provisions of the GCC and/ or GPC shall to the extent of such

repugnancy, or variations prevail.

The materials, design and workmanship shall satisfy the applicable relevant Indian Standards, the job

specifications contained herein and codes referred. Where the job specifications stipulate requirements

in addition to those contained in the standard code s and specifications, these additional requirements

shall also be satisfied. In the absence of any Standard / Specifications / Codes of practice for detailed

specifications covering any part of the work covered in this bidding document, the instructions /

directions of NRL will be binding upon the Contractor.

General Conditions of Contract: Attached NRL’s General Conditions of Contract (GCC) applicable for thi s

job.

General Purchase Conditions: Attached NRL’s General Purchase Conditions (GPC) applicable for this job.

3. SCOPE OF WORK

The scope of work includes but not limited to the following

Design, Fabrication Supply, installation, testing & commissioning and guarantee runs for the Heat

detection and Foam Extinguishing system for Rim seal Fire protection of floating roof tanks at NRL-

Numaligarh Refinery.

Impart required training to NRL personnel for operating the Rim Seal Fire Protection System.

Provide Comprehensive Annual Maintenance services for a period of three years after the expiry of

Defect Liability Period


The work shall be executed as per the attached specifications, codes and standards. The contractor shall

carry out all the jobs required in connection with the execution of the job like, excavation for cable

laying, dyke cutting, if necessary, providing suitable cable supports wherever required and any other

incidental jobs required for the successful completion of the job. Also all the materials required for the

job shall be supplied by the contractor.

For complete details, kindly refer to the specification and scope of work.

4. TIME SCHEDULE

Time is the essence of this contract and the entire work as per this contract shall be completed (Supply

and Erection) within 12 (twelve) months from the date of award, (Or) within 2 months from the date of

handing over of the last tank, whichever is later. The time period of completion includes the time

required for mobilization, completing all the scope of work to the full satisfaction of NRL.

The items shall be supplied in such a way that the entire jobs can be streamlined depending on the

availability of the tank. Items should reach at least two weeks in advance once intimation is given to the

contractor about the release of a tank for the job.

5. SITE LOCATION & SITE VISIT

The Project Site is located at Numaligarh Refinery, Numaligarh, Dist.Golaghat in the state of Assam,

India.

The BIDDER / CONTRACTOR is advised to examine the work site, its surroundings and obtain for itself on

its own responsibility all information that may be necessary for preparing the bid and entering into the

contract. Claims of any kind due to variation or ignorance of site conditions & environmental conditions

will not be eligible in any circumstances. OWNER reserve the right to reject a bid on the grounds of a

BIDDER / CONTRACTOR not making a site visit.

The BIDDER / CONTRACTOR and any of personnel or authorised representatives shall be granted

permission by the OWNER to enter upon its premises for the purpose of such inspection. It is

understood that as an implicit condition of such pe rmission, the BIDDER /CONTRACTOR, its personnel

and/or authorised representatives shall be understood to have released and indemnified the OWNER

and its personnel from and against all liability in respect thereof and to have assumed all responsibility

for personal injury (whether fatal or otherwise), loss of or damage to person or property and any other

loss, damage, cost and expenses incurred as a result of such visit, including those sustained by any

negligence or other act of tort on the part of the OWNER and/or its personnel. During such visits the

BIDDER/ CONTRACTOR shall abide by all the rules and regulations applicable to NRL.

6. ESI/ EPF SCHEME:

The contractor shall enroll his personnel being deployed inside NRL-Numaligarh Refinery premises, in

the Employees State Insurance (ESI) and Employees Provident Fund (EPF) schemes. The contractor is to

furnish a statement on his letter head giving the ESI/ PF numbers of the personnel to be deputed at site


with a declaration that the contribution on behalf o f the contractors personnel for the awarded work

will be remitted by him directly.

7. CONSTRUCTION POWER AND WATER SUPPLY

The Contractor at his own risk and cost make necessary arrangement for routing water required for

construction, to the construction site. Water will be supplied by the owner free of cost.

Subject to availability, construction power will be provided free of cost at one point and necessary

arrangement for drawing of power to different locations will be in vendors scope.

All electrical works shall be carried out under the supervision of a licensed Electrician. The electrical

connections carried out by the Contractor shall meet the statutory requirements. Changes, if any, as

incorporated in the statutory rules and regulations from time to time shall be applicable to the electrical

connection done by the Contractor. The following conditions shall also be fulfilled.

7.1 All the equipments/distribution boxes should have double earthing from the nearest earth pits

or from the board earth bus.

All electrical connections have to be done by a competent licensed Electrician with valid license

and to the satisfaction of the Consultant.

7.2 During working hours (including over time) one licensed competent Electrician shall be available

at site to attend to the normal/emergency jobs.

7.3 All switch boards/welding machines shall be kept inside covered sheds to protect them from

rain. No inflammable materials shall be used for constructing the covered sheds.

7.4 The Contractor’s authorized Electrician shall switch off all electrical equipments after the job,

every day.

7.5 Only metallic distribution boxes with double earthing shall be used at the site. Wooden boxes

shall not be allowed.

7.6 Supply for lighting/grinding shall be taken only us ing 3 pin plug/socket connectors with inter

locking arrangements. Two pin plugs shall not be allowed.

7.7 Contractor shall submit in time the required forms like schemes, completion reports etc. as

specified by Consultant.

7.8 No looping of Electrical supply is allowed.

7.9 For all three-phase supplies, only armoured aluminium cables of suitable sizes or flexible copper

cables of 4 x 6 sq.mm and above shall be allowed.


8. WORK PERMITS

The BIDDER / CONTRACTOR will have to obtain all necessary hot & cold work permits for carrying out

any work inside NRL. Due to operational reasons, there may be stoppage of permits issued to do the

work and the BIDDER / CONTRACTOR shall not be eligible for any extra claim or overstay compensation

due to such stoppage of work.

9. CONSTRUCTION EQUIPMENT AND SITE ORGANISATION

9.1 Construction Equipment

The Contractor shall without prejudice to his/her overall responsibility to execute and complete the

work as per specifications and time schedule, progressively deploy adequate equipments and tools and

tackles and augment the same as decided by NRL depending on the exigencies of the work so as to suit

the construction schedule. The Bidder shall submit a list of construction equipments he/she proposes to

deploy for the subject work along with the offer. No construction equipment shall be supplied by the

NRL.

9.2 Site Organization

Subject to the provisions in the tender document and without prejudice to Contractor’s liabilities and

responsibilities to provide adequate qualified and skilled personnel on the work, Contractor shall deploy

site organization and augment the same as decided by NRL depending on the exigencies of work.

The Bidder shall submit the details site organization proposed along with the tender document.

10. RESPONSIBILITIES OF CONTRACTOR

The Contractor shall be entirely responsible for executing the work covered under this Tender document

in a workmanlike and expeditious manner as per the time schedule, specifications, drawings and

construction aids such as, arc welding sets, gas cutting sets, cranes, chain pulley blocks, transportation

equipments, pumps, air compressors, tools and tackles as well as testing appliances such as test pumps,

hose, pipes, valves &fittings etc. and the necessary supervisory personnel, skilled, semi-skilled and

unskilled labour shall be provided by the Contractor to achieve the monthly/weekly targets and the

overall time schedule.

The Contractor shall provide toilet and drinking water facilities at site for the contract workmen as per

statutory requirements at his own cost.

The Contractor shall be prepared to arrange work in all three shifts round the Clock as per the

instruction of the Engineer-in-Charge at no extra cost, if required to meet the Time schedule. The

Engineer-in-Charge shall have the right to take possession of or use any completed or partially

completed work or part of the work. Such possession or use shall not be deemed to be an acceptance of

any work completed in accordance with the Contract Agreement.


11. DOCUMENTS TO BE SUBMITTED BY THE CONTRACTOR.

11.1 Test certificates of all procured and bought out items equipments, machinery, pipes,

fittings, valves, structural steel, paints, wrapping and coating material, welding

electrodes etc.

11.2 Welding Procedure Specification and Procedure Qualification Reports

11.3 Painting inspection reports,

11.4 All Q.C check sheets,

11.5 Calibration / test certificates for all tools, tackles, instruments, lifting devices used.

11.6 No further claim certificate

11.7 Site clearing certificate

11.8 Any other records/ reports/ certificates as required by owner from time to time in the

approved formats/ forms.

12. DRAWINGS

Detailed construction drawings shall be prepared by the Contractor and get approval from Engineer –in-

Charge.

13. STATUTORY & OTHER APPROVALS

All necessary permissions and approvals from all the statutory agencies required shall be arranged by

the Contractor.

14. PROJECT SCHEDULING & MONITORING

The Bidder is required to submit a Project Time Schedule in Bar Chart Form, along with the Bid. The

Schedule shall cover all aspects like sub-ordering, manufacturing and delivery, sub-contracting and

construction within the completion time indicated in the Bid Document.

15. PROJECT REVIEW MEETINGS

The Contractor shall present the programme and status of work at various review meetings as required.

16. PROGRESS REPORTS

This report shall be submitted on a weekly basis, covering overall scenario of the work. The report shall

include but not be limited to the following:

• Brief introduction of the work.

• Activities programmed and completed during the previous week.

• Resource deployed men and machine.

• Quantity achieved against target in construction.

• Record of Man-days lost, if any.

• Construction percentage progress, scheduled and actual.


17. AS-BUILT DRAWING

As-built drawing of the entire work executed by the Contractor, after certification and approval of the

Engineer-in-charge, shall be prepared in Auto-CAD as instructed by NRL) and submitted after completion

of the work at no extra cost in prescribed format in computer Compact Disc with three hard copies of all

the drawings.

18. INSPECTION OF SUPPLY ITEMS

All inspection and tests on bought out items shall be made as required by specifications forming part of

this contract. Various stages of inspection and testing shall be identified after receipt of quality

assurance programme from the contractor/manufacturer.

Inspection calls shall be given for association of NRL as per mutually agreed programme in prescribed

proforma with 15 days margin, giving details of equipment and attaching relevant test certificates and

internal inspection report of the contractor. All drawings, general arrangement and other contract

drawings, specifications, catalogues etc. pertaining to equipment offered for inspection shall have prior

approval by NRL and copies shall be made available to NRL before hand for undertaking inspection.

19. TESTS AND INSPECTION

The contractor shall carry out the various tests as enumerated in the technical specifications of this

bidding document and technical documents that will be furnished to him during the performance of the

work at no extra cost to NRL.

All the tests either on the field or at outside laboratories concerning the execution of the work and

supply of materials by the contractor shall be carried out by Contractor at his cost.

All results of inspection and tests will be recorded in the inspection reports, proforma of which will be

approved by NRL. These reports shall form part of the completion documents. Any work not conforming

to execution drawings, specifications or codes shall be rejected and the contractor shall carry out the

rectifications at his own cost.

20. FINAL INSPECTION

After completion of all tests as per specification, the whole work will be subject to final inspection to

ensure that job has been completed as per requirement. If any defects noticed in the work, which are

attributable to contractor, these shall be attended by the contractor at his own cost and risk as and

when these are brought to his notice by NRL.

21. QUALITY ASSURANCE PLAN:- To be provided by vendor and to be approved by NRL.


22. SCAFFOLDING SPECIFICATION:- Scaffolding ,wherever required ,shall be erected /executed as per

specific codes / standards and guidelines as per general engineering practices, and as per work

instruction.

23. PAINTING: - Painting shall be done after thorough surface preparation & as per specific codes /

standards and guidelines as per general engineering practices, and as per work instruction and to the

satisfaction of the engineer in charge and shall use paints of NRL approved make.

24. SECURITY DEPOSIT/ Performance Bank Guarantee (PBG) :

Security deposit/ PBG for 10% of total order value (supply and site work) by way of Bank Guarantee in

the prescribed format from any Scheduled Indian Bank as per GPC/ GCC shall be submitted or will be

deducted from Contractor's bills and will be retained as retention money for a period of 24 months

(defects liability period) from the date of completion to cover any defects due to poor workmanship and

defective material supplied.

25. LIQUIDATED DAMAGES/ PRICE REDUCTION SCHEDULE:-Liquidated damages/ Price reduction for

delay in delivery/ completion beyond contractually agreed schedule will be @ ½% of order value per

week of delay or part thereof, subject to a ceiling of 5% of total order value (supply and site work

separately) as per NRL’s GPC/ GCC.

26. TAXES, DUTIES

26.1 Taxes, Duties, Octroi, Levies etc.

For supply portion, the quoted prices shall be FOB/ Ex-works basis with break up of all taxes and duties.

For services portion, the quoted rates shall be inclusive of all taxes and duties excluding Service Tax and

works contract tax (WCT).

Income tax/ TDS on WCT at the prevailing rate will be deducted from Contractor’s bills as per statutory

regulations.

26.2 Service Tax

The bidder shall clearly indicate their Service Tax Registration number and Service Tax category in the

bid. The Service Tax shall be paid to the Contractor only if a proper invoice addressed to NRL is given

with details such as Contractor's Name & Address, Service Tax Registration Number, Description, and

Category, indicating the value of Service and Service Tax amount separately. The bidder has to enclose

the copy of the Service Tax registration certificate issued by the concerned authorities to ensure to

which category the bidder is registered.


27. PRICES

27.1 FIRM PRICES:

The Contract Price shall remain firm and fixed till the completion of Work in all respects and no

escalation in prices on any account shall be admiss ible to the BIDDER/ CONTRACTOR.

27.2 For Indigenous Bidder:

27.2.1 The prices for supply, freight, Post Warrantee Comprehensive Maintenance Contract shall be

quoted strictly as per Price Schedule (Indigenous Bidder) attached.

27.3 For Foreign bidder:

27.3.1 The prices for supply, freight, Post Warrantee Comprehensive Maintenance Contract shall be

quoted strictly as per Price Schedule attached.

27.3.2 For imported items

a) The quoted prices shall be on FOB port of shipment basis in foreign currency

b) All taxes & duties and customs / port clearance charges shall be indicated in Indian

Rupees.

27.3.3 Customs clearance including taxes & duties (custom duty. CVD, ACD and cess etc) payment and

inland transportation to respective locations shall be arranged by the bidder/their associate in

India. The associated charges shall be borne by the bidders. The ocean / air freight and taxes &

duties shall be reimbursed at actual subject to the maximum of the taxes & duties and ocean/

air freight indicated in the price schedule. The quoted ocean/air freight, taxes & duties and port

clearance charges shall be considered for price evaluation.

27.3.4 Prices for the items to be sourced from India shall be in Indian Rupees only.

27.3.5 No interchange between indigenous and import supplies would be allowed after opening of the

priced bids.

27.3.6 All payments in Indian Rupees under 27.3.2 (b) and 27.3.4 will be made only to the bidders’

Indian Associate, to be named by the bidder.

28. TAXES, DUTIES AND LEVIES IN FOREIGN COUNTRIES

The BIDDER / CONTRACTOR shall accept full and exclusive liability at his own cost for the payment of any

and all taxes, duties, cesses and levies howsoever designated, as are payable to any government, local or

statutory authority in any country other than India as are now in force or as are hereafter imposed,

increased or modified and as are payable by BIDDER / CONTRACTOR, his agents, Sub-Contractors and

its/ their respective employees for or in relation to the performance of this Contract. The BIDDER /


CONTRACTOR shall be deemed to have been fully informed with respect to all such liabilities and

considered and included the same in its bid and the Contract Price shall not be varied in any way on this

account.

29. PAYMENT TERMS:

29.1. DESIGN/SUPPLY:

29.1.1 SUPPLY: 70% on supply & receipt of material at site on prorate basis.

The payment for procurement shall be payable upon physical delivery of equipment, materials and

spare parts at WORK SITE – Contractor to provide complete equipment, materials and spare parts lists

and shipment schedule for each individual items. This payment shall be made against a BANK

GUARANTEE for 10% of the total value of contract covering defect liability period as per approved billing

schedule

29.1.2 CERTIFICATE OF ACCEPTANCE: - 30%

The amount of 30% of total CONTRACT price shall be paid, upon successful performance test,

submission of Final Documents and issuance of Certi ficate of Provisional Acceptance by OWNER to

CONTRACTOR.

29.2 SITE WORKS –Rim seal Installation & commissioning Services.

29.2.1 CONSTRUCTION / ERECTION: 60% on construction & erection

Payment shall be made on a monthly basis against measured physical progress of work. This payment

shall be made as per approved billing schedule

29.2.2 READY FOR START UP (RFSU- Mechanical Completion):- 30%

The amount of 30% of total CONTRACT price shall be paid on achievement of RFSU status, confirmed by

OWNER.

29.2.3 CERTIFICATE OF ACCEPTANCE: - 10%

The amount of 10% of total CONTRACT price shall be paid against a BANK GUARANTEE for 10% of the

total value of contract covering defect liability period, upon successful performance test, submission of

Final Documents and issuance of Certificate of Provisional Acceptance by OWNER to CONTRACTOR.

29.3 Annual Maintenance Contract (AMC) (FOR BOTH INDIGENOUS AND FOREIGN BIDDERS):

Periodic payment will be released (90% of every running bill) after every regular visit subject to

satisfactory completion of maintenance service during the quarter.


An amount of 10% of total AMC value shall be paid against a BANK GUARANTEE for 10% of the total

AMC value. This amount will be released at the end of 3 year AMC period.

The prices for post warranty maintenance contract as per scope defined in the specification shall be

indicated in the Schedule for AMC as per format specified by NRL. NRL intends to have comprehensive

AMC for a period of 3 years after completion of warranty period.

Detailed scope of the post warranty Annual Maintenance Contract shall be as defined in the Rim seal

specification/data sheet.

Bidder shall furnish a Performance Bank Guarantee towards satisfactory performance during AMC. The

bank Guarantee shall be for 25 % of the value of AMC on yearly basis. The PBG for first year shall be

furnished before expiry of the performance bank Guarantee.

The bank Guarantee towards AMC shall be released after receipt of new bank guarantee towards 25% of

AMC value for the subsequent year. In case of failure of the vendor to submit the BG for subsequent

year, one month prior to the expiry of the BG, NRL shall have the right to en-cash the bank Guarantee.

NRL reserves its right to terminate AMC at any time; however One week notice will be given. Payment

shall be made on pro-rata basis.

30. ACCEPTANCE AND REJECTION OF PROPOSALS

NRL reserves the right to accept any Proposals other than the lowest, Reject any and all Proposals, and

accept or reject any part of any proposals.

The Bidders shall understand and accept that even in the event of rejection by NRL of all the Proposals,

shall not cause NRL to be liable for any compensation whatsoever to the Bidders.

In the case of or after the evaluation by NRL of the Proposals, the Bidders or any of them may be

requested to be present at our office for clarification of the tender and/or for negotiation. Any bidder so

requested shall at his expense comply with such requests. If not with proper reason acceptable to NRL,

refusal against such requests may be taken as unreasonable and therefore will constitute the

withdrawal of his bid.

The successful bidder shall, upon receipt of notice of award of the contract resulting from the enquiry,

enter into the contract with NRL without delay. Unreasonable delay in entering into the contract with

NRL could be the cause of cancellation by NRL of the contract award and be the reason for

disqualification, and further, could be the reason for forfeiture of the EMD, if any.

31. DE-LISTING/ HOLIDAY LISTING:

Bidders who have been de-listed or have currently been put on “Holiday List”, by virtue of unsatisfactory

performance, by any office of NRL, are not eligible to quote for this tender. Quotations received from

such bidders shall be rejected.

32. CONTRACT AGREEMENT:-


The successful Bidder shall be required to execute a formal Agreement as per the Format available in

GCC, with Owner within 15 days from the date of issue of Contract Order by NRL. For execution of the

Agreement, the successful Bidder shall provide Stamp Paper of appropriate value. All pages of the

tender document including General Conditions of Contract to be signed and stamped on all pages.

The Contract document shall consist of the following:

i) Agreement signed on non-judicial stamp paper by Owner and Contractor.

ii) Detailed Contract Order along with enclosures.

iii) The tender Document along with the drawings, annexures, attachments, etc.

iv) Amendments to Bidding Document, if any.

v) All forms which were uploaded in the web (technical bid & price bid)

33. SAFETY & SECURITY

33.1 Before commencement of work, you are requested to contact our DGM (F&S) to take necessary

instructions on the safety measures to be followed during the execution of work.

33.2 Hot work permit for fabrication: Enough precautions as recommended by our Safety section will

have to be taken for carrying out any work inside NRL premises. Only after obtaining the hot

work permit the contractor shall commence any cutting or welding jobs.

33.3 The contractor has to strictly follow NRL’s permit system. While carrying out earth work

excavation, the contractor has to take special care about possible underground cables. The

contractor has to strictly adhere to NRL’s earth work permit system. Wherever excavation is

required for routing the cables, separate earth work permit shall be taken by the contractor in

addition to the normal work permits. Safety check points & all necessary clearance relevant to

excavation work shall be complied during the excavation jobs. Any damage caused to the

underground power cables, pipes etc shall be repaired by the contractor at his cost. All the

contract employees must wear hard hats (helmets) and other necessary personal protective

equipments while working inside NRL premises.

33.4 First-aid kits must be available at the work spot/site office of each contractor and the same shall

be replenished from time to time. Officers from NRL will be inspecting the availability of first-aid

boxes at work site.

33.5 All contract employees working at higher elevations shall wear safety belts. Contractor shall

supply sufficient safety belts for this purpose.

33.6 NRL will not be responsible for any loss due to safety lapses on the side of contractor.


33.7 All lifting equipments like cranes, slings, D-shackles etc shall be tested and certified by

competent authority. Only such equipments shall be used inside NRL.

33.8 For any NRL property damaged by the contractor, the contractor shall be penalised at the rates

decided at the discretion of Engineer-in-charge.

33.9 The contractor has to provide the following personal protective equipments to their employees:

a) Safety helmets (ISI mark) - to all persons engaged in construction works and

also engaged in work in the process area.

b) Safety belts (ISI mark) - to all persons working at height.

c) Welders PPE's like goggles, welder's gloves, shoes and face shields - to all

welders engaged in cutting and welding.

d) Goggles and hand gloves - to all persons engaged in chipping, grinding etc.

33.10 Safety trained (as per NRL norms) workmen& supervisors only are allowed to work inside.

33.11 Flame Arrestor: All vehicles entering into NRL premises shall have to be fitted with CCE

approved flame arrestors at the contractor’s expense.

33.12 The contractor shall make arrangements for distribution of clear drinking water outlets and

toilet facilities at site to their workers.

33.13 The contractor shall maintain a safety register in which all safety details, details of any accident /

incident, any other observation of Engineer-in-charge shall be recorded by the contractor.

34. WELDING SPECIFICATION FOR FABRICATION OF PIPING

34.1 General

This specification shall be followed for fabricatio n of all types of welded joints of piping system within

NRL premises. The piping system shall include all pipe joints (longitudinal & circumferential butt jo ints,

socket welds etc.), all attachments like fittings, forgings, all headers, branch connections, RF pads, vents

& drains, online instruments.

Any approval granted by Engineer-in-charge or owners inspector shall not relieve the contractor of his

responsibilities and guarantee.

34.2 Applicable Codes & Standards

i) ASME B 31.3 - Code for pressure piping

ii) ASME Sec II Part C - Material specification for welding electrodes, filter metals


iii) ASME Sec V - Non destructive testing

iv) ASME Sec VIII - Pressure Vessels

v) ASME Sec IX - Welding & Brazing qualification

vi) IBR - Indian Boiler Regulations for steam piping

In case of conflicting requirements, the requirements specified in the approved drawing, welding

procedure specification chart (WPS) shall be applicable. Contractor shall submit the WPS before

commencement of the job and get it approved by the owner’s engineer.

34.3 Base Metal

In general carbon steel / alloy steel / stainless steel is envisaged. The details of material specification

are given in WPS. Contractor shall provide material test certificate if asked for wherever supply is in

contractor’s scope.

34.4 Welding consumables

The contractor shall provide at his own expenses, all the welding consumables necessary for the

execution of the job such as electrodes, filler wires, argon etc. and these should bear the approval of

Engineer-in-charge.

Welding electrode, filler wires, flux etc. supplied by the contractor shall conform to class specified in

WPS. These shall be of NRL approved make.

Electrode qualification test record, batch test certificate etc. if asked for by Engineer-in-charge shall be

submitted by the contractor.

All electrodes shall be purchased in sealed condition and stored properly. Electrodes removed from

containers shall be kept in holding oven at temperature recommended by the manufacturer.

Electrodes shall be carefully handled to avoid any damage to flux covering electrodes, filler wires shall

be free of all rust, grease, earth etc.

All low hydrogen electrodes shall be re-baked at 350 deg C for 1 hour minimum and stored in oven kept

at 80-100 deg C before use. Manufacturers’ recommendation may be followed.

34.5 Equipments & Accessories

Contractor shall have sufficient number of welding & cutting equipment, auxiliaries, accessories of

sufficient capacity, all equipment for heat treatment including transformers, thermocouples, pyrometer,

and automatic temperature recorders so as to meet the project schedule.


Contractor shall arrange at his own expense equipments/skilled labour for carrying out NDT tests like

UT, MPI, DPT, radiography, processing of film etc.

Redoing of any work necessitated by faulty equipments or operator used by contractor will be done at

his own expense.

34.6 Welding Process

Welding shall be done by either SMAW/GTAW as specified in WPS. Any deviation shall be with prior

approval of Engineer-in-charge. Welding shall be carried out by NRL qualified welders only.

34.7 Edge Preparation

Edges to be welded shall be prepared to meet joint design by any of the following methods

a) CS - Gas cutting / machining/ grinding. After gas cutting oxides shall be removed by chipping/

grinding.

The ends to be welded shall be properly cleaned to removed paint, oil, grease, rust, oxides, earth etc.

The ends shall be completely dry.

On completion of each run, craters, welding irregularities, slag etc. shall be removed by grinding,

chiseling, wire brushing etc.

Separate wire brushes & grinding wheels shall be used for CS & SS. For SS wire brushes, wires shall be of

SS.

34.8 Alignment & Spacing

Component to be welded shall be aligned and spaced as per requirement in code/standards. For pipes

of all wall thickness 5mm & above, the ends to be welded shall be secured in position with the aid of

couples, yokes & C-clamps to maintain perfect alignment.

Tack welds shall be made by qualified welders using approved WPS.

Minimum number of tack welds

3 tacks - for 2 ½” and smaller pipe.

4 tacks - 3” – 12” diameter pipes.

6 tacks - 14” and larger.

Welding shall commence only after approval of fit up by Engineer-in-charge.

34.9 Weather conditions


Welding shall be carried out in favourable weather conditions only. Welding joint shall be protected

from rain/ strong winds.

34.10 Welding technique

Root pass

Preferable size of electrode is 2.5 mm (12 SWG), but in no case not greater than 3.25 mm (10 SWG).

Upward technique shall be used for welding pipe held fixed with its axis horizontal. Root pass shall be

full penetration, full fusion at root edges. Weld projection shall be as per applicable code/drawing. It

shall be limited to 3mm gap. Welding shall be uninterrupted. While welding is in progress, care is taken

to avoid movement, shocks, vibration, stresses etc. to prevent weld cracks. Peening shall not be used.

Joint completion

Joints shall be completed using class of electrode specified in WPS. Electrode size shall not exceed 4mm

dia. Two weld beads shall not be started at the same point in different layers. Weld identification shall

be marked clearly at each joint, just adjacent to the weld.

34.11 Cleaning of weld joints

All weld joints shall be free from weld splatter, slag, dirt etc. This shall be done by wire brushing.

34.12 Inspection & Testing

Owners’ inspector shall have free access to all concerned area where actual work is being performed.

Contractor shall accord the owners’ inspector all means & facility necessary to carry out the inspection.

Contractor shall intimate sufficiently in advance the commencement of welder qualification test,

welding works & acceptance tests, to enable the owners’ inspector to be present to witness them.

WPQ, welder qualification, visual inspection, RT, LPT, MPE, Hardness test, hydrostat test, pneumatic test

etc. shall be performed as per relevant codes/specifications etc. Tests shall be carried out with prior

approval from owner’s inspector.

34.13 Repair of welds

Defects shall be removed by chipping, grinding etc. If the entire joint is unacceptable, welding shall be

completely cut & edge prepared as per tolerance. Re-welded joints shall again be examined as per

standard procedure. No repair work shall be carried out without prior approval of owner’s inspector.

Repair work of defective welds shall be done in time to meet the contractual schedule. For repair

works, no extra payment will be given.

34.14 Documentation

Following documents, wherever required/asked for, shall be submitted in 3 sets.


Electrode & welding consumable qualification, batch test certificate of electrodes, proposed heat

treatment process, heat treatment charts, weld joint hardness test results, weld procedure

specification, welding procedure qualification, welder performance qualification records, radiography

test report along with radiography & other NDT reports, piping sketch (isometric) giving all details

regarding the pipe specification, welded joints, joints radiographed, MPI/UT/DPT, joints heat treated,

WPS used, welder identification etc.

35.0 STORAGE OF MATERIALS AND CONSTRUCTION OF SITE SHED

35.1 Contractor has to find a suitable place with prior approval of Engineer-in-charge for the storage of

all types of equipments, machineries, materials, consumables, tools & tackles and working place, site

shed. The same may be got approved. The quoted rate shall include all leads and lift of equipments,

machineries & materials to the site of construction. No claim will be entertained for any extra cost on

account of this. NRL will not be responsible for any theft or damage to the equipments, machineries,

materials etc. brought by the contractor. Contractor has to make his own security arrangement to

protect all the items under his scope of supply from theft at own cost.

35.2 Any excess materials / construction equipment, tools etc. owned by the contractor shall be

removed from the premises within a reasonable period of time and the area of work should be left in

spic and span condition after the completion of work.

36. HINDRANCE TO WORK

Any obstruction /hindrance to the work from local public, labors, unions, etc., shall be settled by the

Contractor for successful completion of job within the contractual completion date, as per scope of

Contract.

37. ISSUE OF PO/CONTRACT IN TWO PARTS

I. Two separate contracts shall be issued, one for Design, Engineering and Supply of materials and

another for execution of the site-work (Installation, Testing & Commissioning etc). However, there shall

be a mention in both the contracts that the contracts are inter-linked for the purpose of liabilities and

performance of the vendor.

II. GPC (General Purchase Conditions) shall be applicable for Supply of Materials only. For all other

activities GCC (General Conditions of Contract) shall be applicable.

III. The performance bank guarantee for supply of materials purchase orders shall be kept valid for 24

months from the date of installation and successful commissioning of entire rim seal protection systems

& completion of SAT as per specifications of all the tanks in a location.

IV. Although both the purchase orders are interlinked the bank guaranties for different purposes (ISD

(Initial Security Deposit), SD, Mobilization Advance, Performance Bank Guarantee etc) shall be

submitted as per standard format purchase order/contract wise.


38. POST ORDER EXECUTION & CORRESPONDENCE:

Correspondence regarding execution, payments and subsequent correspondence etc. shall be with

Numaligarh Refinery after issue of purchase order.

39. OVERALL RESPONSIBILITIES:

It will be the responsibility of the Bidder alone to indent and load the necessary trailors/ trucks/ tankers

for transportation of material from the Bidder’s factory/ workshop to concerned unit and to maintain

the supply referred to in the subsequent condition thereof for which the bidder will be eligible for

delivery charges quoted which will be subject to variation during the tenure of Contract. The delivery

charge will cover all items covered in the tender form It will be the sole responsibility of the bidder to

arrange for the Third Party inspection (if applicable for the tender) and submit the Third Party inspection

certificate on time. No time extension shall be allowed by NRL for any delay/ lapse in this regard.


SPECIAL TERMS AND INSTRUCTIONS TO BIDDERS (A) PAYMENT TERMS

(B) EVALUATION CRITERIA FOR COMPARISON OF BIDS

(C) COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS

A) PAYMENT TERMS

In partial modification of the payment terms as mentioned in the General Purchase

Conditions, the following payment terms shall be applicable.

1.0 PAYMENT TERMS (INDIAN BIDDERS):

1.1 Please refer Special Conditions of Contract for detailed payment terms.

1.2 General:

1.2.1 Excise duty, Service Tax shall be released only on receipt of Cenvatable / vatable copy of

corresponding Invoice.

1.2.2 No initial advance payment along with order shall be made by Owner against supplies as

well as services (i.e., transportation, erection, site work etc.). If a supplier insists on the

same, the offer shall be rejected.

1.2.3 All bank charges shall be to respective accounts.

1.2.4 Bank Guarantee(s) shall be issued through Nationalised/ Scheduled bank, as per pro-forma

enclosed.

1.2.5 All Bank Guarantees will be issued directly to NRL by the bank and Vendor shall enclose copy

of the same along with invoice.

1.2.6 All payments shall be released within 30 days of receipt of invoice and all requisite

documents, complete in all respects.

2.0 PAYMENT TERMS (FOREIGN BIDDERS):

In partial modification of the payment terms as mentioned in the General Purchase

Conditions, the following payment terms shall be applicable.

2.1 Please refer Special Conditions of Contract for detailed payment terms.

2.2 General:

2.2.1 No initial advance payment along with order shall be made by Owner against supplies as

well as services (i.e., transportation, erection, site work etc.). If a supplier insists on the

same, the offer shall be rejected.


2.2.2 All Bank Guarantee(s) shall be issued through Nationalised / Scheduled bank in India as per

pro-forma enclosed. All Bank Guarantees will be issued directly to NRL by the bank. In case

bank guarantee is issued by a branch of bank situated outside India it should be

countersigned by a Scheduled Indian Bank.

2.2.3 All bank charges and stamp duties payable outside India in connection with payments shall

be borne by Supplier. All bank charges and stamp duties payable in India shall be borne by

NRL except L/C amendment charges for delays in delivery and confirmation charges for

confirmed L/C shall be borne by Supplier.

2.3 Transportation for Foreign Bidders

Ocean/Air transportation from FOB/ FCA Port of Exit to Designated Indian Port/ Airport shall

be arranged by NRL through their nominated freight forwarder. Bidder shall arrange

handing over the material to NRL freight forwarder at the designated port of exit.

In cases where the NIT/RFQ requires bidder to quote Ocean/Air freight, NRL reserves the

right to ask the bidder to arrange shipment through bidders own freight forwarder at the

quoted freight rates depending on the approval from chartering wing of the Ministry of

Surface Transport, New Delhi.


B) EVALUATION CRITERIA FOR COMPARISON OF BIDS

1.1 Where only Indian Bids are under comparison

• Bids shall be evaluated on the basis of landed cost at Site, all duties, taxes,

transportation and entry tax charges less Cenvatable excise duty, Cenvatable service

tax.

• Commercial loading shall be done on FOT dispatch Po int price.

• Suppliers shall dispatch the goods by road to NRL, through Bank Approved

Transporters only and shall quote firm freight charges accordingly. If a supplier

does not quote freight charges, his offer shall be loaded with maximum freight

charges as quoted by the other bidders.

Taxes/Duties:

• The sales tax will be cost loaded as applicable. However, if a vendor states that the

sales tax/Excise Duty is not applicable at present or quote lesser percentage and

will be charged as applicable at the time of delivery, then vendor’s price will be

loaded by highest rate as indicated by the vendors.

1.2 Where only Foreign Bids are under comparison

• Bids shall be evaluated on CFR basis considering sea freight as under:

Packages/equipments/pipes & plates: Firm freight as quoted by bidders

• If a supplier does not quote freight charges, his offer shall be loaded with

maximum freight charges as quoted by the other bidders.

• Comparison shall be done on equivalent Indian Rupees basis considering BC selling

rate published in The State Bank of India/Associated Banks on the previous day of

price bid opening.

1.3 Where Indian as well as Foreign Bids are under comparison

Domestic Bidders:

• Bids shall be evaluated on the basis of landed cost at Site, all duties, taxes,

transportation charges and entry tax less Cenvatable excise duty, Cenvatable service

tax.

• Commercial loading shall be done on FOT dispatch Point price.


Foreign Bidders:

Bids shall be evaluated on the basis of landed cost at Site including third party inspection by

Lloyds/BV/DNV, all duties, taxes and transportation charges as under less Cenvatable

CVD/SAD etc., Cenvatable service tax (if applicable):

Sr. No. Head Basis

1 F.O.B. Price As quoted by the bidder inclusive of Packing &

forwarding charges, inland freight up to port of

exit, Third Party Inspection charges, etc..

2 Add Ocean freight: Firm freight as quoted by bidders

3 Add Marine insurance @ 0.5% of FOB price

4 Add Customs Duty Prevailing rate on (CIF value plus Landing

Charges @ 1% of CIF Value)

5 Add Port handling

charges

@ 2% of CIF value.

6 Add Inland freight

charges from Port of

Entry in India to project

site(s)

Percentage of landed cost, i.e., S. No. 1 to 5

7 Add L/C and other

Charges

@ 1% of FOB Price

8 Octroi/Entry Tax Charges,

If any.

Percentage of landed cost, as applicable, i.e., S.

No. 1 to 6

9 Commercial Loadings, If

any.

On FOB value

10 Less Cenvatable Duties

11 FOT SITE PRICE

Sum (1 to 9) - less (10)

1.4 Cost of Mandatory (Insurance) spares if identified in the Material Requisition,

commissioning spares and special tools and tackles will be included for price evaluation of

bids, but costs of Spares for two years normal operation and maintenance shall be excluded.

1.5 Cost loading towards Technical Parameters (Utilities etc.) wherever applicable shall be

carried out.

1.6 NRL shall claim CENVAT benefits on Excise Duty, VAT, CVD/SAD, Service Tax as well as the

cess applicable and accordingly Excise Duty/ VAT/ CVD /SAD/ Service Tax, Cess and these

shall be considered and necessary credit shall be given for evaluation and comparison of

bids. In case of VAT, loading will be done to the extent credit is available to Owner.


1.7 NRL shall issue concessional form “C” for Central Sales Tax.

1.8 NRL shall claim input credit on service tax quoted by Vendor in his prices and therefore

service tax shall be considered to the extent credit is available to NRL, for price comparison.

Vendor shall be required to furnish vatable invoices issued in accordance with service tax

rules enabling NRL to avail CENVAT benefits.

1.9 Comparison shall be done on equivalent Indian Rupees basis considering BC selling rate

published in The State Bank of India/Associated Banks on the previous day of price bid

opening.

1.10 Foreign suppliers’ prices shall be inclusive of third party inspection charges by

Lloyds/BV/DNV.

1.11 Excise duty, Central Sales Tax, VAT, and Service Tax shall not be included in the quoted

prices and shall be payable extra at actuals. All other taxes / duties / cess / levies shall be

included in the prices, no break-up required and all variations, statutory or otherwise, shall

be to Bidder’s account. Further, the amount of excise duty, service tax, VAT shall only be

payable against submission of Cenvatable/Vatable invoices subject to maximum amount

quoted in the offer and in case of non-submission, will not be paid.

Value Added Tax (VAT)

Contractor shall submit proper tax invoices for local purchase as per VAT Act to enable

Owner to make full input tax credit under VAT Act. In the absence of which, payment shall

not be released.

Notwithstanding the foregoing, OWNER shall not bear any liability in respect of:

a) Personal taxes on the personnel deployed by the CONTRACTOR, his SUB-

CONTRACTOR and Agent, etc.

b) The Corporate Taxes in respect of CONTRACTOR and his Sub-Contractor and other

Agents, Indian or foreign based.

c) Any other taxes/ duties/ levies, etc.

1.12 Transit insurance/Marine Insurance shall be excluded from suppliers’ scope for the items

where only supply involved and the same shall be arranged by the owner. For purchases

involving site work, the Comprehensive (Transit/Marine cum storage, erection, till handing

over of equipment) Insurance shall be arranged by Owner.

1.13 ARITHMETIC DISCREPANCIES IN PRICED OFFER

In case of arithmetic discrepancies in the price summary, duty and tax calculations, etc., the

higher figures shall be considered for comparison and lower figures shall be considered for

ordering.

When Suppliers quoted rate in figures and the amount written against the particular item

does not correspond to the rate written in figures, then the higher of the rates i.e. rate


worked out by dividing the amount with quantity and quoted rate in figures shall be

adopted for evaluation purposes and in the event such an offer is determined to be the

lowest offer, then lower of the rates mentioned shall be considered to award of the order.

In case amount is not filled up by the Supplier, then amount shall be calculated considering

the unit rate quoted and the quantity in the Price Schedule.

1.14 Evaluation shall be done item wise as per Material Requisition (MR) / RFQ.

1.15 In case of contradictions in terms and conditions of RFQ documents, then the following shall

prevail in order of precedence:-

1. NIT/RFQ

2. Specifications & Scope of work / Price Schedule of RFQ

3. Agreed Terms and Conditions (ATC)

4. Special Conditions of Contract (SCC)/ Special P urchase Conditions (SPC)

5. Special Instructions to Bidders (SIB)

6. General Purchase Conditions (GPC)

7. General Conditions of Contract (GCC)


C). COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS

1.1 Basis of Loading

The Foreign Bids shall be loaded on FOB Port of Exit prices and the Indian Bids shall be

loaded on FOT Despatch Point prices.

1.2 Payment Terms

1.2.1 Any differential payment terms offered by an Indian supplier as against the terms

specified in the RFQ/ GPC shall be loaded @ 15% (simple interest) per annum for the

applicable period.

The loading shall be for a period as under:

Drawing approval 80% of the delivery period

Sub-ordering of raw materials 75% of the delivery period

Receipt of raw material at vendor’s works 50% of the delivery period

Final 10% also against dispatch documents one month

Period of any other stage shall be suitably decided at the time of evaluation.

1.2.2 Foreign suppliers shall not be permitted to offer differential payment terms as against

the terms specified in the RFQ/ GPC and in case they insist, their offer shall be rejected.

1.2.3 Advance along with FOA/ PO will not be allowed. If a supplier insists for advance payment

along with FOA/PO, his offer shall be rejected.

1.3 Performance Bank Guarantee (PBG)

1.3.1 Performance Bank Guarantee shall be required in all cases of supplies. In case a supplier

offers to give a PBG for less than 10% of order value, or for a lesser period than what is

provided in GPC, loading shall be done for the differential amount and/ or the differential

period. For differential period/ amount, the following example will amplify the

methodology of loading (if GPC specifies 10% PBG for 18 months + 3 months claim period =

Total 21 months):

For differential period:

Period offered by Bidder Loading

10% for 21 months - No loading

10% for 18 months - 10% x 3/21 = 1.43%

10% for 12 months - 10% x 9/21 = 4.29%

10% for 6 months - 10% x 15/21 = 7.14%

For differential Amount:

Other than 10%: To be loaded by percentage by which PBG is short of 10%.


In case, bidder does not agree to submit the PBG, 10% payment shall be deducted and

withheld till the guarantee period.

No PBG + Not accepting withholding of - Offer shall be liable for rejection

10% payment

1.4 Delayed Deliveries shall be as per the RFQ documents:-

1.4.1 In case a Supplier does not accept the delayed delivery clause and/or takes any deviation

(insists for liquidated damages or indicates penalty clause in place of Price Reduction Clause)

or takes exception to the percentage rate mentioned in GPC or SCC, the offer of such

supplier(s) shall be loaded by 5%.

1.5 Price variation:

1.5.1 Suppliers must quote firm & fixed prices.

1.6 Indian Freight charges:

1.6.1 Indian Suppliers shall quote firm freight charges up to destination by road on freight pre-

paid door delivery basis through bank approved transporters for all cases.

1.6.2 If a supplier does not quote freight charges, his offer shall be loaded with maximum freight

charges as quoted by the other bidders.

1.7 Indian taxes / duties

In case a supplier states that taxes/duties are not applicable at present and will be charged

as applicable at the time of delivery then his bid shall be loaded by the maximum rate of

taxes/duties applicable.

1.8 Any other loading not explicitly covered above but as required in the opinion of OWNER to

bring the offers on par shall also be considered for evaluation and comparison.

(Bidder’s signature and Stamp)


AGREED TERMS & CONDITIONS (Imported)

EACH POINT MUST BE CONFIRMED / COMMENTED UPON AND MUST BE SUBMITTED ALONG WITH

TECHNICAL BID

BPCLs CRFQ No. : 1000164021. E-Tender Ref. No. 9095 Date : 23.05.2012

S.

No.

Tender Requirement Vendor’s confirmation/

acceptance/comments

A TECHNICAL:

1 Confirm that the offer has been submitted strictly as

per the enquiry cum offer format.

2 Confirm that all pages of attached technical

specifications and scope of supply enclosed with the

tender enquiry have been submitted with the

technical bid duly signed in all pages.

3 Confirm that there is no technical deviation and

specification of offered product is same as per tender

specification.

4 In case of any deviation, confirm that the same has

been indicated in Form-B.

5 Confirm that any deviations/ reservations/ notes/

comments etc., givens elsewhere in the offer other

than Form-B shall not be considered

B COMMERCIAL

1 Confirm that BPCL Integrity pact is duly signed and

submitted by you as per requirement.

2 Indicate the Currency of quoted prices.

3 Confirm that the prices are given strictly as per price

schedule.

4 Confirm whether FOB and CFR prices have been

indicated in the offer with gate way port of Exit.

5 Confirm that packing and forwarding charges are

inclusive in the bid.

6 Confirm that third party inspection charges are

inclusive in their bid. (The same shall include all

testing expenses inclusive of destructive testing

charges if any and fees payable to third party

inspectors).


7 Payment for Third Party Inspection charges shall be

made by vendor directly to the Inspection agency and

all material will be dispatched with inspection release

note in original by Inspection Agency.

8 Confirm that you have indicated the Ocean freight up

to Mumbai/Kolkata/Kochi in percentage of FOB

Value.

9 Indicate country of origin of goods offered.

10 Confirm that the Prices shall be FIRM till complete

execution of the order and shall not be subject to

variation on any account.

11 Service charges to shipping agencies shall be borne

by the vendor if order is placed on CFR basis.

12 Confirmation that the quoted prices are valid for

acceptance upto six (6) months from the closing date

of this enquiry.

13 On account of exigencies, if the bidder is requested to

extend the validity of their offer, the same should be

extended without any deviation including change in

price. Otherwise, in such an event, the offer will be

rejected.

14 Shipping weight net and gross & volume

15 Prices quoted shall exclude transit insurance charges

as the same shall be arranged by NRL.

16 Confirm that all Bank charges and Stamp Duties in

India is not included in the price and shall be borne

by NRL and that overseas is included in the price.

17 Confirm all taxes, duties and levies of any kind

payable upto port of shipment shall be borne by

supplier.

18 Service Tax in India:-

Indicate the rate of service tax wherever service tax

applicable extra and items on which the same is

applicable.


Service Tax Registration No.

Attach a copy of your service tax registration

certificate. Mention clearly the Category of Taxable

Service.

19 Works Contract on Sales Tax (WCT) in India:-

Indicate the rate of WCT wherever applicable extra

and items on which the same is applicable.

VAT/ TIN NO.

20 Statutory variation in excise duty rate and Sales Tax

/VAT rate in India during contractual delivery period

shall be to NRL account. Any increase in the rate of

sales tax beyond CDD shall be to vendor’s account.

Any increase in the rates of Excise Duty & VAT

beyond the contractual completion date or approved

extended contractual completion date will be borne

by NRL to the extent CENVATABLE documents

passed on to NRL and NRL is in a position to get the

CENVAT claim from the authorities. However, the

benefit of any reduction must be passed on to NRL.

21 Confirm acceptance of NRL’s `General Purchase

Conditions (GPC) and General Conditions of Contract

(GCC) in toto.

22 In case of deviation/ reservations etc., to NRL’s GPC/

GCC & tender conditions, confirm that the same has

been given in Form-B and any deviations/

reservations/ notes/comments etc., given elsewhere

in the offer shall not be considered.

23 Confirm acceptance of part order without any

stipulation of minimum order value/ quantity.

24 Confirm acceptance of repeat purchase order with

the same rate and terms & conditions within 12

months from the date of original purchase order.

25 Acceptance to Liquidated Damages/ Price Reduction

for delay in delivery beyond contractually agreed

schedule @ ½% of undelivered order value per week

of delay or part thereof, subject to a ceiling of 5% of

total order value (supply and site work separately) as

per NRL’s GPC/ GCC.


26 Confirm acceptance of Payment term as given in

tender document.

27 Confirm that the goods shall be guaranteed for 24

months from the date of installation and successful

commissioning of entire rim seal protection systems

& completion of SAT as per specifications of all the

tanks in a location.

28 Performance Bank Guarantee (PBG) :

Confirm that you will furnish performance guarantee

bond for 10% of total order value (For supply and site

work) by way of Bank Guarantee in the prescribed

format from any Scheduled Indian Bank as per

General Purchase Conditions (GPC) and as per format

of PBG attached.

29 Indicate relationship with any of our Directors.

30 Please confirm you have not been banned or delisted

by any Government or Quasi Government agencies or

PSUs. If you have been banned, then this fact must be

clearly stated. If this declaration is not furnished the

bid shall be rejected as non-responsive.

31 You are requested to furnish the following

information for e-payment:

a) Name of the vendor/contractor party

b) Account No. of the party

c) Bank & Branch Name where the above

account is maintained

d) Type of account (current/saving/cash

credit A/c)

e) Branch code of the above bank branch

f) SWIFT Code

32 Direct offer without the intermediary of an Indian

Agent only will be considered.

The commission payable to Indian agents, if any, in

Indian Rupees in terms of agreement (enclosing the

copy of the same) shall be paid as per government

guidelines prevailing for such payments.


The commission to be paid to Indian agents shall be

made in Indian Rupees only based on the exchange

rate prevailing on the day of price bid opening and

would not be subject to exchange rate variation.

The tenderers should also furnish the following

particulars of the Indian agents/associates/and/or

the foreign firms.

1) Name & address of the Indian agent, if any.

2) Confirmation that the Indian agent is

registered with the Directorate General of

Supplies & Disposals (DGS&D), New Delhi

(enclosing a copy of their valid registration

certificate).

3) If your Indian agent is not registered with

DGS&D, New Delhi, confirm that they will

get themselves registered with them

immediately and forward a copy of the

same.

4) Agency commission payable, if any, shall be

paid in Indian Rupees only after receipt of

material at site subject to furnishing a valid

Registration Certificate from DGS&D, New

Delhi.

5) The precise relationship between the foreign

manufacturer/ principals & their Indian

Agents/Associate;

6) The mutual interests which the

manufacturer/principals and the Indian

agents/associates have in the business of

each other.

7) Any payment which the agent/associate

receives in India or abroad from the

manufacturer/principal whether as a

commission for the contract or as a general

retainer fee;

8) Indian agent’s Income Tax Permanent

Account Number.


9) The foreign supplier’s Income Tax

Permanent Account Number.

10) All services to be rendered by the

Agent/Associate whether of general nature

or in relation to the particular contract.

Bidder’s name : Bidder's Signature…………………..

Offer Ref.& date:………… Name………………………………..

Designation ……………………..…………..

Tel. No./ Fax No. …………………………..

E-mail………………………………………..

Office stamp…………………………………….


AGREED TERMS & CONDITIONS (INDIGENOUS)

EACH POINT MUST BE CONFIRMED / COMMENTED UPON AND MUST BE SUBMITTED ALONG WITH

TECHNICAL BID

BPCLs CRFQ No. : 1000164021. E-Tender Ref. No. 9095 Date : 23.05.2012

S.

No.

Tender Requirement Vendor’s confirmation/

acceptance/comments

A TECHNICAL:

1 Confirm that the offer has been submitted strictly as

per the enquiry cum offer format.

2 Confirm that all pages of attached technical

specifications and scope of supply enclosed with the

tender have been submitted with the technical bid

duly signed in all pages.

3 Confirm that there is no technical deviation and

specification of offered product is same as per tender

specification.

4 In case of any deviation, confirm that the same has

been indicated in Form B.

5 Confirm that any deviations/ reservations/ notes/

comments etc., givens elsewhere in the offer other

than the Form B shall not be considered

B. COMMERCIAL

1 Confirm that BPCL’s Integrity pact is duly signed and

submitted by you as per requirement.

2 Confirm that the quoted prices are in Indian Rupees.

3 Confirm that the prices are given strictly as per price

schedule.

4 Indicate basis of quoted prices. (Ex-Works/ FOR

Despatch point/ FOR Destination/ free delivery at

site)

5 Indicate Despatch point

6 Confirm that packing and forwarding charges are


inclusive in the bid.

7 Confirm that third party inspection charges are

inclusive in their bid. (The same shall include all

testing expenses inclusive of destructive testing

charges if any and fees payable to third party

inspectors).

8 Payment for Third Party Inspection charges shall be

made by vendor directly to the Inspection agency and

all material will be dispatched with inspection release

note in original by Inspection Agency.

9 Confirm that the Prices shall be FIRM till complete

execution of the order and shall not be subject to

variation on any account.

10 Confirmation that the quoted prices are valid for

acceptance upto six (6) months from the closing date

of this enquiry.

11 On account of exigencies, if the bidder is requested to

extend the validity of their offer, the same should be

extended without any deviation including change in

price. Otherwise, in such an event the offer will be

rejected.

12 Indicate the present rate of excise duty applicable on

the supplies along with excise tariff No.

13 Clarify whether ED is included in the quoted price or

extra.

14 If excise duty/ Sales tax is presently not applicable,

confirm whether the same will be borne by you in

case it become leviable later. Also pl give reasons for

non application of ED / Sales tax.

15 Wherever CENVAT can be availed by NRL, Excise duty

shall be paid by NRL after receipt of proper

documents to avail CENVAT benefit.

16 Indicate the rate applicable for the following:

a) CST with "C" Form

b) CST without "C" form

c) VAT (for supplies within state)


17 Indicate whether CST/VAT is inclusive or extra in the

quoted price

18 Service Tax:-

Indicate the rate of service tax wherever service tax

applicable extra and items on which the same is

applicable.

Service Tax Registration No.

Attach a copy of your service tax registration

certificate. Mention clearly the Category of Taxable

Service

19 Works Contract on Sales Tax (WCT) for site works:-

Indicate the rate of WCT wherever applicable extra

and items on which the same is applicable.

VAT/ TIN NO.

20 Statutory variation in excise duty rate and Sales Tax

/VAT rate during contractual delivery period shall be

to NRL account. Any increase in the rate of sales tax

beyond CDD shall be to vendor’s account. Any

increase in the rates of Excise Duty & VAT beyond the

contractual completion date or approved extended

contractual completion date will be borne by NRL to

the extent CENVATABLE documents passed on to NRL

and NRL is in a position to get the CENVAT claim

from the authorities. However, the benefit of any

reduction must be passed on to NRL.

21 Prices quoted shall exclude transit insurance charges

as the same shall be arranged by NRL.

22 Confirm that all Bank charges and Stamp Duties shall

be borne by the bidder.

23 Confirm acceptance of NRL’s `General Purchase

Conditions (GPC) and General Conditions of Contract

(GCC) in toto.

24 In case of deviation/ reservations etc., to NRL’s GPC/

GCC & tender conditions, confirm that the same has

been given in Form-B and any deviations/

reservations/ notes/comments etc., given elsewhere

in the offer shall not be considered.


25

Confirm acceptance of part order without any

stipulation of minimum order value/quantity.

26 Confirm acceptance of repeat purchase order with

the same rate and terms & conditions within 12

months from the date of original purchase order.

27 Acceptance to Liquidated Damages/ Price Reduction

for delay in delivery beyond contractually agreed

schedule @ ½% of undelivered order value per week

of delay or part thereof, subject to a ceiling of 5% of

total order value (supply and site work separately) as

per NRL’s GPC/ GCC.

28 Confirm acceptance of Payment term as given in

tender document.

29 Confirm that the goods shall be guaranteed for 24

months from the date of installation and successful

commissioning of entire rim seal protection systems

& completion of SAT as per specifications of all the

tanks in a location.

30 Performance Bank Guarantee (PBG) :

Confirm that you will furnish performance guarantee

bond for 10% of total order value (For supply and site

work) by way of Bank Guarantee in the prescribed

format from any Scheduled Indian Bank as per

General Purchase Conditions (GPC) and as per format

of PBG attached.

31 Indicate relationship with any of our Directors.

32 Please confirm you have not been banned or delisted

by any Government or Quasi Government agencies or

PSUs. If you have been banned, then this fact must be

clearly stated. If this declaration is not furnished the

bid shall be rejected as non-responsive.

33 If the items are covered under DGS&D rate

contract, confirm that a copy of rate contract is

enclosed with your offer.


34 You are requested to furnish the following

information for e-payment:

a) Name of the vendor/contractor party

b) Account No. of the party

c) Bank & Branch Name where the above

account is maintained

d) Type of account (current/saving/cash

credit A/c)

e) Branch code of the above bank branch

f) The 9 digit MICR code of the above

branch (with is printed in the cheques

issued by the Branch available with the

A/c holder).

35 In terms of Section 8 of The Micro, Small and

Medium Enterprises Development Act (MSMEDA),

2006 , eligible bidders is requested to submit a copy

of the relevant memorandum ( micro and small

enterprises to submit the memorandum files with the

authority notified by the State Government and by

medium enterprises with the authority notified by

the Central Government, i.e., General Manager,

District Industries Centre or any District Level Officer

of equivalent rank in the Directorate or the

Department dealing with micro, small and medium

enterprises of the State Government or the Union

Territory Administration.) along with the offer for

availing the privileges.

Bidder’s Name :

Offer Ref. : ……………………….

Bidder's Signature …………………………..

Date: ………………………………..

Name …………………………………………

Designation ……………………………………..

Tel. No./ Fax No. :…………………………..

E-mail…………………………………………

Office stamp……………………………………

NUMALIGARH REFINERY LIMITED

GENERAL CONDITIONS OF CONTRACT

For implementation of Numaligarh Refinery Project.

Page 1 of 128

TABLE OF CONTENTS

FOR


SL.NO. DESCRIPTION PAGE NO.

(I) TABLE OF CONTENT (I) to (iv)

(II) SUBMISSION OF TENDER 1

SECTION-I (GENERAL CONDITION OF CONTRACT) 2 to 5

1.0 DEFINITION OF TERMS 2 to 5

SECTION-II (GENERAL INFORMATION) 6 to 9

2.0 GENERAL INFORMATION 6

2.1 (a) LOCATION OF SITE 6

(b) ACCESS BY ROAD 6

2.2 SCOPE OF WORK 6

2.3 WATER SUPPLY 6

2.4 POWER SUPPLY 7 & 8

2.5 LAND FOR CONTRACTOR�S FIELD OFFICE , GODOWN

& WORKSHOP 8 & 9

2.6 LAND FORSIDENTAL ACCOMMODATION 9

SECTION-III (GENERAL INSTRUCTION TO TENDERERS) 10 to 17

3.0 SUBMISSION OF TENDER 10

4.0 DOCUMENTS 10

4.1 GENERAL 10 & 11

4.2 ALL PAGES TO BE INTIALLED 1

4.3 RATES TO BE IN FIGURES AND WORDS 11 & 12

4.4 CORRECTION AND ERASURES 12

4.5 SIGNATURE OF TENDERER 12

4.6 WITNESS 12

4.7 DETAILS OF EXPERIENCE 12

5.0 TRANSFER OF TENDER DOCUMENTS 12

6.0 EARNEST MONEY 12 & 13

7.0 VALIDITY 13

8.0 ADDENDA/CORRIGENDA 13

Page 2 of 128

9.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 13

10.0 SECURITY DEPOSIT 14

11.0 TIME SCHEDULE 14

12.0 COLLECTION OF DATA TENDERER�S RESPONSIBILITY 14

13.0 RETIRED GOVERNMENT OR COMPANY OFFICERS 14

14.0 SIGNING OF CONTRACT AGREEMENT 15

15.0 FIELD MANAGEMENT BY ENGINEER-IN-CHARGE 15

16.0 NOTE TO SCHDULE OF RATES 15

17.0 POLICY FOR TENDERERS UNDER CONSIDERATION 15 & 16

18.0 AWARD OF CONTRACT 16

19.0 CLARIFICATION OF TENDER DOCUMENT 16

20.0 LOCAL CONDITION 16 & 17

21.0 ABNORMAL RATES 17

SECTION-IV (GENERAL OBLIGATIONS) 18 to34

22.0 INTERPRETATION OF CONTRACT DOCUMENT 18

22.1 GENERAL 18

22.2 HEADINGS AND MARGINAL NOTES 18

22.3 SINGULAR AND PLURAL 18

23.0 SPECIAL CONDITION OF CONTRACT 18 & 19

24.0 CONTRACTOR TO OBTAIN HIS OWN INFORMATION 19 & 20

25.0 SECURITY DEPOSIT 20 & 21

26.0 TIME OF PERFORMANCE 21 & 22

26.1 TIME FOR MOBILISATION 21

26.2 THE SCHDULE OF CONSTRUCTION 21& 22

27.0 FORCE MAJEURE 22

28.0 EXTENTSION OF TIME 22

29.0 COMPENSATION FOR DELAY (LIQUID DAMAGE) 22

30.0 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED

AS RESPONSIBLE COMPENSATION WITHOUT REFERENCE TO

ACTUAL LOSS 22 & 23

31.0 RIGHT OF OWNER TO FORFEIT SECURITY DEPOSIT 23

32.0 FAILURE BY THE CONTRACTOR TO COMPLY WITH THE

PROVISIONS OF THE CONTRACT 23 & 24

33.0 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION

IF ACTION NOT TAKEN UNDER CLAUSE 32.0 ENTITLED FAILURE

BY CONTRACTOR. 24 & 25

34.0 CHANGE IN CONSTITUTION 25

35.0 TERMINATION OF CONTRACT FOR DEATH 25

36.0 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE 25

37.0 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS 25

Page 3 of 128

38.0 CONTRACTORS OFFICE AT SITE 25 & 26

39.0 CONTRACTORS SUBORDINATE STAFF AND THEIR CONDUCT

26 & 27

40.0 (I) SUB-LETTING OF WORDS 27

(II) SUB CONTRACT FOR TEMPORARY WORKS ETC 27

(III) LIST OF SUB CONTRACTORS TO BE SUPPLIED 27

(IV) CONTRACTORS LIABILITY NOT LIMITED BY SUB

CONTRACTORS 27

(V) OWNER MAY TERMINATE SUB CONTRACTS 27

(VI) NO REMEDY FOR ACTION TAKEN UNDER THIS CLAUSE

41.0 POWER OF ENTRY 28 & 29

42.0 CONTRACTORS RESPONSIBILITY WITH MECHANICAL,

ELECTRICAL

INTERCOMMINUCATION SYSTEM, AIR CONDITIONING

CONTRACTORS

AND OTHER AGENCIES 29

43.0 OTHER AGENCIES AT SITE 29

44.0 NOTICES 29

45.0 RIGHT OF VARIOUS INTERESTS 29 & 30

46.0 PATENTS AND ROYALTIES 30 & 31

47.0 LIENS 31

48.0 DELAYS BY OWNER OR HIS AUTHORISED AGENCIES 31 & 32

49.0 PAYMENTS IF THE CONTRACT IS TERMINATED 32

50.0 NO WAIVER OF RIGHTS 32

51.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER

AND LIABILITY

OF CONTRACTOR

32 &

33

52.0 LANGUAGES AND MEASURES 33

53.0 TRANSFER OF TITLE 33

54.0 RELEASE OF INFORMATION 33

55.0 BRAND NAME 33

56.0 COMPLETION OF CONTRACT 33

57.0 SPARES 33 &

34

SECTION-V (PERFOMANCE OF WORK) 35 to

36

Page 4 of 128

58.0 EXECUTION OF WORK 35

59.0 COORDINATION AND INSPECTION OF WORK 35

60.0 ALTERATIONS IN SPECIFICATIONS,DESIGN &

EXTRA WORK

35 to

37

61.0 WORKS ON SUNDAY AND HOLIDAYS 37

62.0 GENERAL CONDITIONS FOR CONSTRUCTION &

ERECTION WORK

37 &

38

63.0 DRAWINGS TO BE SUPPLIED BY THE OWNER 38

64.0 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR 38 &

39

65.0 SETTING OUT WORKS 39 &

40

66.0 RESPONSIBILITY FOR LEVELS AND ALIGNMENT 40

67.0 MATERIALS TO BE SUPPLIED BY CONTRACTOR 40

68.0 STORES SUPPLIED BY OWNER/SECURITY OF

MATERIALS/EQUIPMENTS

41

69.0 CONDITION FOR ISSUE OF MATERIAL 41 to

43

70.0 MATERIALS PROCURED WITH ASSISTANCE OF

OWNER/RETURN OF SURPLUS

43

71.0 MATERIALS OBTAIN FROM DISMANILING 43

72.0 ARTICLES OF VALUE FOUND 43

73.0 DISCREPENCIES BETWEEN INSTRUCTION 43 &

44

74.0 WORK IN MONSOON & DEWATERING 44

75.0 ACTION WHERE NO SPECIFICATION IS ISSUED 44

76.0 INSPECTION OF WORKS 44 &

45

77.0 ASSISTANCE TO ENGINEER-IN-CHARGE 45

78.0 TESTS FOR QUALITY OF WORKS/QUALITY

ASSURANCE

45 &

46

79.0 SAMPLES OF APPROVAL 46

80.0 ACTION AND COMPENSATION IN CASE OF BAD

WORK

46

81.0 SUSPENSION OF WORK 46 &

47

82.0 OWNER MAY DO PART OF WORK 47

83.0 POSSESSION PRIOR TO COMPLETION 47

84.0 TWELVE MONTHS PERIOD OF LIABILITY FROM THE

DATE OF ISSUE OF COMPLETION CERTIFICATE

47

Page 5 of 128

84.1 FAILURE TO RECTIFY DEFECTS DURING LIABILITY

PERIOD AND VERIATIONS

47

84.2 EXTENDED LIABILITY ON CONTRACT

PERFOMANCE GUARANTEE

48

84.3 CARE OF WORKS 48

84.4 DEFECTS PRIOR TO TAKING OVER 48 &

49

84.5 DEFECTS AFTER TAKING OVER 49

85.0 GUARANTEE / TRANSFER OF GUARANTEE 49

86.0 TRAINING OF OWNER�S PERSONAL 49

87.0 REPLACEMENT OF DEFECTIVE PARIS & MATERIALS 49 &

50

Page 6 of 128

SUBMISSION OF TENDER

From:

M/S

To:

Subject: Tender in response to ��

��

Dear Sirs,

We hereby submit our offer in full compliance with the terms and

conditions of the attached tender. Earnest money Deposit in the form of a

��for an amount of RS��..Valid upto

��is enclosed.

Yours truly,

Signature of Tenderer

Full name of the person

Signing the Tender

Title and capacity of the person

Page 7 of 128

CERTIFICATE AS TO CORPORATE PRINCIPAL

I��.Certify that I am

��..Secretary of the corporation organized under

the laws of��.and that��

��.who signed the above tender is authorized to bind the

corporation company/firm by authority of its governing body /Board of Directors,

etc.

��

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

Page 8 of 128

SECTION -1


1.0 DEFINITION OF TERMS:

In the contract documents as herein defined where the context so admits, the

following words and expressions will have the following meanings:

(1) �The Owner� means the Numaligarh Refinery Limited company

within the companies act 1956 having its registered office at Tarun

Nagar, 4th

Road, Guwahati-781005, Assam.

(2) The �Contractor� means the person or persons, firm or company or

corporation whose tender has been accepted by the Owner and

includes the Contractor�s legal representatives, his successors and

permitted assigns.

(3) The �Managing Director� shall mean the Managing Director of the

Numaligarh Refinery Limited (NRL) or his successor in office as

designated by the Owner.

(4) The �Chief Engineer� shall mean the General Manager (project)/

Executive Director (proj.), Numaligarh Refinery Limited, or his

successor in office or his authorized Project Nominee.

(5) The �Engineer-in-charge� shall mean the person designated as such

by the owner and shall include those who are expressly authorized by

him to act for an on his behalf of operation of this contract.

(6) The �Work� shall mean the works to be executed in accordance with

contract or part there of as the case may be and shall include all extra,

additional, altered or substituted works as required for purpose of the

contract.

(7) The �Permanent Work� means and includes works which will be

incorporated in and form a part of the work to be handed over to the

owner by the contractor on completion of the contract.

Page 9 of 128

(8) �Construction Equipment� means all appliances/equipment and things

what so ever nature for the use in or for the execution, completion,

operation or maintenance of the work or temporary works (as here-in-

after defined) but does not include materials or other things intended

to form or to be incorporated in to the work, or camping facilities.

(9) �Site� shall mean the lands and other places on, under, in or through

which the permanent works are to be carried out and any other lands

or places provided by the owner for the purpose of the contract.

(10) �Contract Documents� means collectively the tender documents,

Designs, Drawings, Specification, schedule of quantities and Rates,

Letter of Acceptance and agreed variations if any and such other

documents constituting the tender and acceptance thereof.

(11) The �Contract� shall mean the agreement between the owner and the

contractor for the execution of the works including there in all

Contract documents.

(12) �EIL� means Engineers India Limited. Who are the consulting

engineers to the owner for this project and having registered office at

I. Bhikaiji Cam place. R.K.Puram . New Delhi-110066.

(13) �Manager to project/project Manager/project co-ordinator�shall mean

manager in charge of this project designated by Engineers India

Limited or his successor or his authorized nominee.

(14) The �Sub contractor� means any person or firm or company (other

than the contractor) to whom any part of the work has been entrusted

by the contractor, with prior written consent of the engineer-in-

Charge, and the legal personal representatives, successors and

permitted assigns of such person, firm or company.

(15) The �Specification� Shall mean all directions. Provisions the various

technical specification, attached and referred to the tender documents

which pertain to the method and manner of performing the work or

works to the quantities and qualities of the work or works and the

materials to be furnished under the contract for the work or works, as

may be exemplified or modified by the owner or Engineer-in-charge

during the performance of contract in order to provide for the

Page 10 of 128

unforeseen conditions or in the best interests of the work or worksheet

shall also include the edition of relevant Indian standard specifications

including all addenda / corrigenda published before entering into

contract .

(16) The �Drawings� shall include maps, plans and tracings or prints or

sketches thereof with any modifications approved in writing by the

engineer-in-charge and such other drawing as may, from time to

time.be furnished or approved in writing by the engineer-in-charge.

(17) The �Tender� means the proposal along with supporting documents

submitted by the contractor for consideration by the owner.

(18) The �Alternation order�means an order given in writing by the

engineer-in-charge to effect additions to or deletions from and

alternation in the works.

(19) �Virtual completion� means completion of all important/essential

works pending certain small value works kept inabeyance by the

owner to achieve required co-ordinate completion with other inter

linked unavoidable activities.

(20) The �Completion certificate� shall mean the certificate to be issued by

the engineer-in �charge when the works have been completed in

accordance of CONTRACT DOCUMENT to his satisfaction.

Completion certificate shall include completion of works with respect

to virtual completion subject to owner�s decision to declare virtual

completion with agreed time.

(21) The �Final Certificate� in relation to a work means the certificate

regarding the satisfactory compliance of various provisions of the

contract by the contractor issued by the engineer-in-charge / owner

after the period of liability is over.

(22) The �PEROID OF LIABILITY� in relation to a work means the

specified period from the date of COMPLETION CERTIFICATE up

to the date of issue of FINAL CERTIFICATE during which the

contractor stands responsible for rectifying all defects that may appear

in the works executed by the contractor in pursuance of the contract

and includes workmanship defect, warranties against

Page 11 of 128

Manufacturing/Fabrication defects covering all materials, plants,

equipment�s, components and the like supplied by the contractor.

(23) The �APPOINTING AUTHORITY� for the purpose of arbitration

shall be the managing director or any other person so designated by

the owner.

(24) �Temporary Works� shall mean all temporary works of every kind

required in or about the execution, completion or maintenance of

works.

(25) �Plans� shall mean all maps, sketches and layouts as are incorporated

in the contract in order to define broadly the scope and the

specification of the work or works, and all reproductions thereof.

(26) �Notice in writing or written notice� shall mean a notice in written,

typed or printed characters sent (unless delivered personally or

otherwise provide to have been received by the addressee) by

registered post to the latest known private or business address or

registered office of the addressee and shall to deemed to have been

received in the ordinary course of post it would have been delivered.

(27) �Approved� shall mean approved in writing including subsequent

written confirmation of previous verbal approval and �Approval�

means approval in writing including as aforesaid.

(28) �Telex/Letter of Intent� shall mean an intimation by a Telex /letter to

Tendered (s) that the tender has been accepted in accordance with the

provisions contained in the letter.

(29) �Day� means a day of 24 hours from midnight to midnight

irrespective of the number of hours worked in that day.

(30) �Working Day� means any day other than declared to be holiday or

rest day by the owner.

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

(32) �Metric system� all technical documents regarding the construction of

works are given in the metric system and all work in the project

Page 12 of 128

should be carried out according to the metric system. All documents

concerning the work shall also be maintained in the metric system.

(33) �Value of contract� means the sum accepted or the sum calculated in

accordance with the prices accepted in tender and/or the contract rates

as payable to the contractor for the entire execution and the full

completion of the work.

(34) �Language for Drawings and instruction� all the drawings, titles,

notes, instruction, dimension, etc. shall be in English language.

(35) �Mobilization� shall mean establishment of sufficiently adequate

infrastructure by the contractor at �site� comprising of construction

equipment, aids, tools tackles including setting of site offices at

facilities such as power, water, communication etc. Establishing

manpower organization comprising of resident Engineers, Supervising

personal and adequate strength of skilled, semi-skilled an UN-skilled

workers, who with the so established infrastructure shall be in a

position to commence execution of work at site (s) , in accordance

with the agreed time schedule of completion of work . Mobilization

has been considered to have been unachieved, if the contractor is able

to establish infrastructure as indicated above to begin work at all site

(S)/ location as per the time, schedule, where so warranted in

accordance with agreed schedule of work implementation to the

satisfaction of engineer-in �charge/owner.

(36) �Commissioning� shall mean putting into service .of the system

including the plant (s) equipment (s) , vessel (s), pipeline, machinery

(is), or any other section or sub section of installation (S) per training

to the work of the contractor after successful testing and trial runs of

the same.

�Commissioning� can be either for a completed system or a part of

system of a combination of system or sub system and can be perform

in any sequence as desired by owner and in a manner established to be

made suited according to availability of prerequisites. Any such

readjustments made by owner in performance of commissioning

activity will not be constructed to be violating contract provisions and

contractor shall be deemed have provided for the same.

Page 13 of 128

Section �II

2.0 GENERAL INFORMATION:

2.1 (a) location of site :

The proposed location of project site is defined in the special

condition of the contract.

(b) Access by Road :

Contractor if necessary if build other temporary access road to

the actual site of construction for his own work at his owns

cost. The contractor shall be required to permit the use of the

roads so constructed by him for vehicle of any other parties

who may be engaged on the project site. The contractor shall

also facilitate construction of the permanent roads should the

construction there of start while he is engaged on this work. He

shall make due allowance in this tender for any inconvenience

he anticipate on such account.

Non availability of access roads and railway siding the use of

the contractor shall in no case condone any delay in the

execution of works nor be the cause for any claims for

compensation against the owner.

2.2 Scope of work:

The scope of work is defined in the special condition of contract and

specification. The contractor shall provide all necessary materials,

equipment, labour etc. For the execution and maintenance of the work

till completion unless otherwise mentioned in this tender documents.

All materials that go with the work shall be approved by Engineer-in-

Charge prior to procurement and use.

2.3 Water supply:

Contractor will have to make his own arrangements for supply of

water to his labour camps and for works. All pumping installation,

pipe net wok and distribution system will have to be Carried by the

contractor at his own cost.

Page 14 of 128

Alternatively the owner his direction may endeavor to provide water

to the contractor at the owner�s source of supply provided the

contractor make his own arrangement For piping net work and

arrangement from source of supply and distribution pipe net Work

shall have the prior approval of the Engineer-In-Charge, so as not to

interfere with the Layout and progress of the other construction

works. In such case, the rate for water shall be Rs.2.99 per kilo litre

which will be deducted from the running account bills.

However, the owner doesn�t guarantee the supply of water and this

does not relieve the contractor of his responsibility in making his own

arrangement and for the timely completion of the Various works as

stipulated.

2.4 POWER SUPPLY:

2.4.1 Owner will supply power at 400/440v subject to availability, at the nearest

sub-station from where the contractor will make his own arrangements for

temporary distribution. All the works will be done as per IEA regulations

and passed by the Engineer-In-Charge. The temporary lines will be removed

forthwith after the completion of the work or if there is any hindrance cause

to the other work due to the alignment of these lines, the contractor will

reroute or remove the temporary lines at his own cost. The contractor at his

cost will also provide suitable electric meters (duly tested by state electricity

board), fuses, switches, etc., for purposes of payment to the owner which

should be in the custody and control of the owner. The cost of power supply

shall be payable to the owner every month at Rs.2.53 (rupees two and paise

fifty-three only) per kWh, which would be deducted from the running

accounts bills. The owner shall not, however, guarantee the supply of

electricity and no compensation for failure or short supply of electricity will

be entertained.

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

the complete installation of the load side of the supply with due regard to

safety and proper circuit protection requirement at site. All cabling,

equipment, installations etc. shall comply in all respects with the latest

statutory requirement and safety provisions i.e. as per the Central/State

Page 15 of 128

electricity acts and rules etc. The contractor will ensure that his equipment

and electrical wiring etc. are installed and modified, maintained by a

licensed Electrical/Supervisor. A test certificate to be produced to Engineer-

in-charge for this approval, before power is made available. Non adhere of

safety code shall render the contractor to be penalized as deemed fit by

Engineer-In-Charge.

2.4.3 At all times IEA regulation shall be followed failing which the

owner has a right to disconnect the power supply without any reference to

the contractor. No claim shall be entertained for such disconnection by the

Engineer-In-Charge. Power supply will be reconnected only after production

of fresh certificate from the authorized electrical supervisors.

2.4.4 The owner is not liable for any loss or damage to the contractor�s

equipment as a result of variation of voltage or frequency or interruption in

power supply or other loss to the contractor arising there from.

2.4.5 The contractor shall ensure that the electrical equipment installed by

him are such that average power factor does not fall bellow 0.90 in any

month, he will reimburse to the Owner for all units consumed during the

month. (On account of low P.F.I)

2.4.6 The power supply required for contractors colony near the plant

site will be determined by the owner and shall be as per State electricity

Board, Rules and other statuary provisions applicable for such installation

from time to time. In case of power supply to contractors colony, the power

will be made single point and the contractor shall make his own arrangement

at his own cost for distribution to the occupants of the colony as per

electricity Rules and acts. The site area and the colony shall] be sufficiently

illuminated to avoid accidents.

2.4.7 The contractor will have to provide and install his own light and

power meters duly tested by the State electricity Board which will be

governed as per Central/State Government Electricity rules. The owner shall

seal the meters.

2.4.8 In case of damage of any of the Owner�s equipment on account of

fault, intentional or unintentional on the part of the contractor, the Owner

reveres the right to recover the cost of such damage from the contractor�s

bill. Cost of HRC Fuses replace at the Owner�s terminals due to any fault in

the contractor�s installation shall be to contractor�s account at the rates

decided by the Engineer-in-charge. Ratings of fuses to be provided/use by

the contractor shall not be more than the rating approved by owner.

Page 16 of 128

2.4.9 Only motors up to 3 HP will be allowed be started direct on line. For motors

above 3 HP and upto 100 hp a suitable Starting devices approved by the

Engineer-in-Charge shall be provided by the Contractor. For motors above

100 HP slip ring induction motors with suitable with suitable starting

devices as approved by the Engineer-in-Charge shall be provided by the

contractor.

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

and all installation are approved by the state electricity Inspector before

power can be supplied by the owner.

2.4.11 The total requirement of power with equipment wise breakup shall be

indicated by the tenderer along with his tender.

2.5 LAND FOR CONTRACTOR�S FIELD OFFICE, GODOWN AND

WORKSHOP:

The Owner will at his own discretion and convenience and for the duration

of the execution of the work make available near the site, land for

construction of contractor�s Field office, godown workshop and assembly

yard required for the execution of the Contract. The contractor shall at his

own cost construct all these temporary buildings and provide suitable water

supply and sanitary arrangement approved by the Engineer-in-Charge.

On completion of the works or on getting notice from the owner which ever

is earlier, the contractor shall remove all temporary works, structures erected

by him and have the SITE cleaned as directed by the Engineer-In-Charge .If

the Contractor shall fail to comply with this requirement, the Engineer-in-

Charge may at the expense of the contractor remove such surplus, and

rubbish materials and dispose off the same as he deems it and get the site

cleared as a foresail , and contractor shall forthwith pay the amount of all

expenses so incurredand shall have no claim in respect of any such surplus

materials disposed off as aforesaid. The owner reserve the right to ask the

contractor any time during the tendency of the contract to vacate the land by

giving 7 days notice on security reasons or on national interest or otherwise.

A token licenses of fee of Rs.100/- per hectare or part or thereof per annum

shall be charge for the land so occupied. If the contractor fails to clear/vacate

the site and clean the debris the same shall be done by the Engineer-in-

Page 17 of 128

charge engaging and agency an the cost incurred for doing so shall be

recovered from bill/S.D or any other works.

2.5.1 PUTTING UP BUILDINGS ON PROJECT SITE:

The contractor shall put up temporary structures as required by them for

their office, fabrication shop and construction stores only in the area

allocated to them on the project site by the owner or his authorised

representative. No tea stalls/canteen�s should be put up or allowed to be put

up by any contractor in the allotted land complex area without prior written

permission of the owner.

No un authorized buildings, construction or structure s should be put up by

the contractor any where on the project site.

For uninterrupted fabrication of the work, Contractor, shall put up temporary

covered structures at his cost within area (12M&50M or as considered

necessary) in the location allocated to them in the project site by the owner

or his authorized representatives, but after written approval from the owner.

2.6 LAND FOR RESIDENTIAL ACCOMMODATION:

Land on temporary basis for residential accommodation for stuff and labour

will be made available at the direction of the Engineer-in-Charge and rent

for the same will be as decided by the Engineer-in-Charge according to the

location and area taken by the Contractor.

Page 18 of 128

SECTION-III

GENERAL INSTRUCTIONS TO TENDERERS

3.0 SUBMISSION OF TENDER:

3.1 Tenders must be submitted without making any additions,

alterations, and as per details given in other clauses here under. The

requisite details shall be filled in by the contractor in page 1 of tender

Document.The rates shall be filled in the schedule given in this tender

document.

3.2 Addenda/Corrigenda to tender document, if issued, must be

signed and submitted along with the tender document. The tenderer

should write clearly the revised quantities in the schedule of rates of

tender document and should price the work based on revised

quantities when amendments of quantities are issued in addenda.

3.3 Covering letter along with its enclosures accompanying the tender

document and all further correspondence shall be submitted in Qua-

druplicate (FOUR COPIES).

3.4 Tenderers are advised to submit quotations based strictly on the

terms and conditions and specifications contained in the tender

documents and not to stipulate any deviations.

3.5 Tenders should always be placed in double scaled covers,

superscribing Tender for Numaligarh Refinery Limited (NRL) project,

Tender Notice No. due for opening on��.The full

name, address, and telegraphic address of the Tenderers shall be

written on the bottom left hand corner of the sealed cover.

4.0 DOCUMENTS:

4.1 General:

The tenders as submitted, will consist of the following:

(i) Complete set of tender documents (Original) as duly filled in and

signed by the tenderer as prescribed by in different clause of the

tender document.

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

Page 19 of 128

(iii) Power of attorney or a true copy thereof duly attested by a Gazetted

officer in case an authorized representative has signed the tender, as

required by the clause 4.5 hereof.

(iv) Income tax clearance certificates (ITCC) and sales tax clearance

certificate in original or true copies duly attested by Gazetted Officer

in the Performa prescribe by the govt. of India should accompany the

tender. The ITCC should be in the name of the firm/individual quoting

for the work .In the absence of ITCC tenderer may not be awarded the

worked tendered for, in light of central government

directive/instructions.

(v) Information regarding Tenderers in the Performa enclosed.

(vi) Details of work of similar type and magnitude carried out by the

tenderer in the Performa given at the end of this book let.

(vii) Organization chart giving details of field management at site the

tenderer proposes to have for this job.

(viii) Details of construction plant and equipment�s available with the

tenderer for using in this working the Performa enclosed under the

head �Information regarding equipment�s which the tenderer proposes

to use for this work.�

(ix) Solvency certificate from schedule bank to prove the financial ability

to carry out the work tendered for.

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

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

document

(xii) Data required regarding sub contractor(s) /Suppliers/Manufacturers

and other technical information�s the tenderer wish to furnish

(xiii) List showing all enclosures to tender.

4.2 ALL PAGES ARE TO BE INITIALLED:

All signature in tender document shall be dated as well as all the pages of all

section of tender document shall be initialed at the lower right hand corner

and signed wherever required in the tender papers by the tenderer or by a

person holding power of attorney authorizing him to sign on behalf of the

tenderer before submission of tender.

Page 20 of 128

4.3 RATES TO BE IN FIGURES AND WORDS:

The tenderer should quote in English in both in figures as well as in words

the rates and amounts tendered by him for; each item in .the schedule of

rates in such a way that interpolation/Extrapolation is not possible. The

amount for each item should be worked out and entered requisite total given

of all items, both in figures and in words. The tendered amount for the work

shall be entered in the tender and duly signed by the Tenderer.

If some discrepancies are found between the RATES in FIGURES and

WORDS or the AMOUNT shown in the tender, the following procedure

shall be followed:

(a) When there is difference between the rates in the figures of words, the

rates which corre sponds to amount worked out by the tenderer shall

be taken as correct.

(b) When the rate quoted by the tenderer in figures and words tally but

the amount is in correct the rate quoted by the tenderer shall be taken

as correct.

(c) When it is not possible to ascertain the correct rate by either of above

method, the rate quoted in words shall be taken as correct. (Or the

lowest of the rates written in figure and words.)

4.4 CORRECTIONS AND ERASURES:

All corrections and alterations in the entries of the tender paper shall signed

in fully by the tenderer with date. No erasures or over writing are

permissible.

4.5 SIGNATURE OF TENDERER:

4.5.1 The tenderer shall contain the name, residence and place of business of

person or persons making the tender and shall be singed by the TENDERER

Page 21 of 128

with his usual signature. PATNERSHIP firms shall furnish the full names of

all partners of the tender. It should be signed in the partnership�s name by all

the partners or by duly authorized representative followed by the name and

designation of the person signing. Tender by a corporation shall be signed

by an authorized representative and a power of Attorney in that behalf

shall accompany the tender . A copy of constitution of the firm with

names of all partners shall be furnished.

4.6 WITNESS:

Witness and sureties shall be persons of status and property and their names,

occupation and address shall be stated bellow their signature.

4.7 DETAILS OF EXPERIENCE:

The tenderer should enclose the documents and furnished details as per

Performa enclosed to show that he has previous experience in having

successfully completed in recent past work of this nature, together with the

names of owners location of sites. Value of contract date of commencement

and completion of works, delays if any reason of delay an other details along

with documentary evidences The information so provided if found partly or

fully false shall render the tender of such Contractor liable to be rejected.

5.0 TRANSFER OF TENDER DOCUMENTS:

Transfer of tender documents purchased by one intending tenderer to

another is not permissible.

6.0 EARNEST MONEY:

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

and attach the official receipt with the tender failing which the tender is

liable to be rejected. The earnest money can be paid in Call Deposit Receipt

(CDR), Demand Draft or Bank Guarantee of state Bank of India or any

schedule �A� Nationalized Bank in favor of Numaligarh Refinery Limited

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(NRL), Guwahati. The Bank guarantee to be furnished in lieu of Earnest

money shall be kept valid for a period of �SIX MONTHS�from the date of

opening of tender.

6.2 The Bank Guarantee so furnished by the tenderer shall be in the proforma

prescribe owner. No interest shall be paid by the owner on the earnest

money deposited by the tenderer. The earnest money of the unsuccessful

tenderer will be refunded within a reasonable period of time.

6.3 The earnest money deposited by successful tenderer will be retained towards

the security deposited for the fulfillment of the contract, but shall be

forfeited if the tenderer fails to deposit the requisite initial security deposit as

per clause 10 hereof and /or fails to start work within a period of 21 days or

fails to execute the agreement within 10 days of the receipt by him of the

notification of acceptance of tender.

7.0 VALIDITY:

Tender Submitted by Tenderers shall remain valid for acceptance for a

period of six months from the date of opening of the tender. The tenderers

shall not be entitled during the said period of six months, without the

consent in writing of the Owner, to revoke or cancel his tenderer to vary the

tender given or any term thereof. In case of tenderer revoking or canceling

his tender or varying any term in regard thereof without the consent of

Owner in writing, the owner shall forfeit the earnest money paid by him

alongwith tender.

8.0 ADDENDA/CORRIGENDA:

8.1 Addenda/Corrigenda to the tender documents may be issued prior to the date

of opening of the tenders to clarify documents or to reflect modification in

design or contract terms.

8.2 Each addendum/corrigendum issued by the project manager will be

distributed in duplicate to each person or organization to whom a set of

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tender documents has been issued. Each recipient will retain one copy of

each addendum/corrigendum for submission along with his tender and return

one signed copy to Engineer-in-Charge as acknowledgement of receipt of

the same. All addenda/corrigenda issued by project manager shall become of

part of tender documents.

9.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

9.1 The right to accept the tender will rest with the owner. The owner however

does not bind himself to accept the lowest tender and reverses to itself, the

authority to reject any or all the tender received without assigning any

reason whatsoever. The whole work may be split up between more than one

contractors or accepted in part (not entirely) if considered expedient. Quoted

rates should hold good for such eventualities.

9.2 Tenders in which any of particulars and prescribe information are missing or

are incomplete in respect and/or the prescribed conditions are not fulfilled

are liable to be rejected.

9.3 Canvassing in connection with tender is strictly prohibited and tender

submitted by the Tenderer who resorts to canvassing will be liable to

rejection. Tender containing uncalled for remarks or any additional

conditions are liable to be rejected.

10.0 SECURITY DEOPOSIT:

The person/ persons whose tender may be accepted (here after called the

contractor) shall within 10 days of the receipt by him of the notification of

the acceptance of the tender, shall remit/deposit the initial security deposit of

2.5% of the accepted value of the tender to Numaligarh Refinery Limited.

11.0 TIME SCHEDULE:

11.1 The work shall be executed strictly as per the time schedule given in

appendix-I in tender document. Period of construction given in time

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schedule includes the time required for mobilization as well as testing,

rectification if any, re testing and completion in all respect to the entire

satisfaction of Engineer-in-Charge.

11.2 A joint programmes of execution of the work will be prepared by the

Engineer-in -Charge and Contractor based on priority requirements of

the project. This programme will take into account the time for

completion in 11.1 and the time allowed for the priority works by the

Engineer-In-Charge.

11.3 Monthly/Weekly programmes will drawn up by the Engineer-in-

Charge jointly with the contractor based on availability of work fronts

and the joint construction program as per 11.2 above. The contractor

shall scrupulously adhere to these targets/programmes by deploying

adequate personal, construction tools and tackles and he shall also

supply himself all materials of his scope of supply on good time to

achieve the target programmes. In all matters concerning the extent of

target setout in the weekly and monthly programmes and the degree of

achievement, the decision of the Engineer-in-Charge will be final and

binding on the contractor.

12.0 COLLECTION OF DATA TENDERER�S RESPONSIBILITY:

The tenderer shall visit the site and acquaint himself fully of the site and no

claim whatsoever will be entertained on the plea of ignorance or difficulties

involved in execution of work or carriage of materials.

13.0 RETIRED GOVERNMENT OR OWNERS OFFICERS:

No Engineer of Gazetted rank or other gazetted officer, employed in

Engineering or Administrative duties in an Engineering department of the

State/Central Government or of the owner is allowed to work as a contractor

for a period of two years after his retirement or resigning from government

service, or from the employment of the owner without the previous

permission of the owner. The contract, if awarded, is liable to be cancelled if

either the contractor any of his employees found at any time to be such a

person, who had not obtain the permission of the State/Central Government

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or of the owner as aforesaid before submission off tender, or engagement in

the contractors service as the case may be.

14.0 SIGNING OF CONTRACT AGREEMENT:

The successful tenderer shall be required to execute an agreement in the

proforma attached with tender document within 10 days of the receipt by

him of the notification of acceptance of tender. In the event of failure on the

part of the successful tenderer to signed the agreement within the above

stipulated period the earnest money or his initial deposit will be forfeited

and the acceptance of the tender shall considered as cancelled.

15.0 FIELD MANAGEMENT BY ENGINEER-IN-CHARGE:

15.1 The field management will be the responsibility of the Engineer-In-Charge,

who will be nominated by the owner. The Engineer-In-Charge may also

authorized his representative to perform his duties and functions.

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

connection.

15.3 The Engineer-In-Charge shall coordinate the works of various agencies

engaged at site to ensure minimum disruption of work carried out by

different agencies. It shall be the responsibility of the contractor to plan and

execute the work strictly in accordance with site instruction to avoid

hindrance to the work being executed by other agencies.

16.0 NOTE TO SCHEDULE OF RATES:

16.1 The schedule of rates should be read in conjunction with all the other

sections of the tender.

16.2 The tenderer shall be deemed to have studied the drawings, Specification

and details of work to be done within time schedule and to aquatinted

himself of the conditions prevailing at site.

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16.3 Rates must be filled in the copies of pages of schedule of rates of original

tender documents. . If quoted in separate typed sheet no variation in item

description or specification shall be accepted. Any exception taken by the

tenderer to the schedule of rates shall be brought out in the terms and

condition of offer, but it does not guarantee acceptance of the same by the

owner.

16.4 The quantities shown against the various items are only approximate. Any

increase or decrease in the quantities shall not from the basis of alteration of

the rates quoted and accepted. However any likely increase in quantity of

any items should be brought to the notice of Engineer-In-Charge well in

advance prior to execution.

16.5 The Owner reserves the right to interpolate the rate for such items of work

falling between similar items of lower and higher magnitude.

17.0 POLICY OF TENDERS UNDER CONSIDERATION:

17.1 Only those tenders which are complete in all respects and are strictly in

accordance with the terms conditions and Technical specifications of tender

document, shall be considered for evaluation. Such tenders shall be deemed

to be under consideration immediately after opening of tender and until

such time of an official intimation of acceptance/rejection of tender s made

by owner to the tenderer.

17.2 Owner/EIL if necessary, will obtain clarifications on the tender by

requesting for such information clarifications from any or all tenderers

either in writing or through other means of communication as may be

necessary, and the tenderers are advise to refrain from contracting by any

means owner/EIL and or their employees(s)/representatives (S) of their

own, on matters related to tenders under consideration. Tenderers will not

be permitted to change the substance of the tenders after opening of tenders.

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18.0 AWARD OF CONTRACT:

18.1 The acceptance of tender will be intimated to the successful tenderer by

Owner either by Talax/Telegram/Fax or by letter or likes means defined as

LETTER OF ACCEPTANCE OF TENDER.

18.2 OWNER/EIL will be the sole judge in the matter of award of contract and

the decision of OWNER shall be final and binding, however subject to

fulfillment of clause 17.0 above and other relevant requirements of contract

documents, works shall be awarded to the techno-commercially accepted

lowest tenderer provided accepted rates are within reasonable variation with

approved estimated rates/amount and work able.

19.0 CLARIFICATION OF TENDER DOCUMENT:

19.1 The tenderer is required to carefully examine the technical Specifications,

condition of contract, Drawing and other details relating to work and given

in tender document and fully inform himself as to all condition and matters

which may in any way affect the work or the cost thereof In case the

tenderer is in doubt about the completeness or correctness of any of the

contents of the tender document, he should request in writing for an

interpretation/clarification to OWNER/EIL in triplicate, OWNER/EIL will

than issue interpretation/clarification to Tenderer in writing. Such

clarifications and or interpretations shall from part of the specification and

Documents and shall accompany the tender which shall be submitted by

tenderer within time and date as specified in invitations to tender.

19.2 Verbal clarification and information given by OWNER/EIL or its

employee(s) or its representatives shall not in any way be binding on owner.

20.0 LOCAL CONDITIONS:

20.1 It will be imperative on such tenderer to inform himself of local conditions

and factors which may have any effect on the execution of WORK covered

under the tender document. In their own interest, the tenderer are requested

to familiarizes themselves with the Indian Income Tax Act 1961, Indian

Companies Act 1956. Indian Custom Act 1962 and other related acts and

laws and regulations of Indian including provident fund; Act, Indian

disputes act, contract labour Act and such like legislation & rules with their

such latest amendments, as applicable. Owner shall not entertain any

request for clarifications from the tenderer regarding such local conditions.

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20.2 It must be understood and agreed that such factors have properly been

investigated and considered while submitting the tender. No claim for

financial or any other adjustments due to lake of clarifications of such

factors shall be entertained.

21.0 ABNORMAL RATES:

21.1 The tenderer are expected to quote rate for each item after careful analysis of

coast involved for the performance of the completed item considering all

specifications and condition of contract. This will avoid loss of profit or gain

in case of curtailment or change of specification for any item. In case it is

noticed that the rates quoted by the tender for any item or unusually high or

unusually low, it will be sufficient cause for rejection of the tender unless

the owner is convinced about the reasonableness after security of the

analysis for such rates to be furnished by the tenderer (on demand).

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SECTION-IV

GENERAL OBLIGATIONS

22.0 INTERPRETATION OF CONTRACT DOCUMENTS:

22.1 GENERAL

Except for and to the extent otherwise provided by the contract, the

provisions of the general condition of contract and special conditions shall

prevail over those of any other documents forming part of contract. Several

documents forming the contract are to be taken as mutually explanatory.

Should there be any discrepancy, inconsistency, error or omission in the

contract documents. The matter may be refereed to Engineer-In-Charge who

shall give his decisions and issue to the contractor instructions directing in

what manner the work is to be carried out. The decision of Engineer-In-

Charge shall be final and conclusive and the contractor shall carry out work

in accordance with this decision.

Works shown in the drawing but not mentioned in the specifications or

describe in the specifications without being shown in the drawing shall

nevertheless be deemed to be included in the same manner as if they had

been shown on the drawings and describe in the specifications.

22.2 HEADINGS AND MARGINAL NOTES:

All headings and marginal notes to the clauses of these general conditions of

contract or to the specification or to any other tender documents are solely

for the purpose of giving a concise indication or not a summary of the

contents thereof and they shall never be deemed to be part thereof or to be

used in the interpretation or construction of the contract.

22.3 SINGULR AND PLURAL:

In contract documents unless otherwise stated specifically, the singular

shall include the plural and vice versa wherever the context so requires.

Works implying �person� shall include relevant Corporate

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Companies/Registered Association/ Body of individuals/Firm of

partnership.

23.0 SPECIAL CONDITIONS 0F CONTRACT:

23.1 Special condition of contract shall be read in conjunction with the general

conditions of contract, specification of work, Drawings and any other

documents forming part of this contract wherever the contract so requires.

23.2 Not withstanding the sub-division of the document in to these separate

section and volumes every part of the document shall be deemed to be

supplementary to and complementary of every other part and shall be read

with and into the contract so far as it may be practicable to do so.

23.3 Where any portion of the general condition of contract is repugnant to or at

variance with any provision of the special conditions of contract then, unless

a different intention appears the provisions of the special conditions of

contract shall be deemed to over ride the provisions of the general conditions

of contract and shall to the extents of such repugnancy, or variations, prevail.

23.4 Wherever it is mention in the specification that the contractor shall perform

certain work or provide certain facilities, it is understood the contractor shall

do so at his cost.

23.5 The materials design and workmanship shall satisfy the relevant Indian

standards, the job specifications contained herein and codes referred to.

Where the job specifications stipulates requirements in addition to those

contained in the standard code and specifications, these additional

requirements shall also be satisfied.

24.0 CONTRACTOR TO OBTAIN HIS OWN INFORMATION

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The contractor in fixing his prices, shall for all purposes whatsoever, shall be

deemed to have himself independently obtain all necessary information for

the purpose of preparing his tender and his tender as accepted shall be

deemed to have taken into account all contingencies as may arise due to such

information or lake of same. The correctness of the details given in the

tenderer document, to help the contractor to make up the tender is not

guaranteed.

The contractor shall be deemed to have examined in the contract documents,

to have generally obtain his own information in all matters whatsoever that

might affect the carrying out of the works at the scheduled rates and have

satisfied himself as to the sufficiency of his tender. Any error in description

of quantity or omission there from shall not vitiate the contract or release the

contractor from the executing the work comprised in the contract according

to drawings and specification at the schedule rates. His deemed to have

known the scope, nature and magnitude of the works and the requirements of

materials and labour involved etc., and as to what all works he has to

completed in accordance in the contract document whatever the defects,

omissions or error that may be found in contract documents. The contractor

shall be deemed to have visited surroundings, to have satisfied himself as to

the nature of all existing structures, if any and also as to the nature and the

condition of the railways, Roads, Bridges and culverts, means of transport

and communication, whether by land , water or air and as to possible

interruptions there to and the access and egress from the site, to have made

enquiries, examined and satisfied himself as to the site for obtaining sand

stones, bricks and other materials, the site for disposal for surplus materials,

the available accommodation as to whether required, depots and such other

buildings as may be necessary for executing and completing the works, to

have made local independent enquiries as to the sub-soil, sub-soil water and

variations thereof, storms, prevailing winds, climatic conditions and all other

similar matters affecting these works. He is deemed to have aquatinted

himself as to his liability for payment of government Taxes, Custom duties

and other charges, levies etc.

Any neglect or omission or failure on the part of the contractor in obtaining

necessary and reliable information upon the forgoing or any other matter

affecting the contract shall not relieve him from any risks or liabilities or

entire responsibility from the completion of the works at the schedule rates

and times in strict accordance with the contract.

Page 32 of 128

It is therefore, expected that should the contractor has any doubt as to

the meaning of any portion of the contract DOCUMENT he shall set forth

the particulars thereof in writing the owner in duplicate, before signing the

contract. The owner will provide such clarification as may be necessary in

writing the contractor, such clarification as provide by owner shall from part

of contract documents.

No verbal agreement or interference from conversion with any

employee of the owner either before, during or after the execution of the

contract agreement shall in any way affect or modify any of the terms or

obligations herein contained.

Any change layout due to side condition or technological requirement

shall be binding on the contractor and no extra claim. On this account shall

be entertained.

25.0 SECURITY DEPOSIT:

25.1 A sum of 10% of the accepted value of the tender or the actual value

of work done whichever is applicable due to any additional work or any other

reasons shall be deposited by the person/ persons (herein after called the

contractor) as security deposit with the owner. This may be deposited initially at

two and one half percent (2-1/2 %) of the value of contract (referred as initial

security deposit) within 10 days of receipt by him of the notification of

acceptance of tender and the balance seven and one half percent (7-1/2%) will

be recovered in installments through deduction at the rate of ten percent of the

value of each running account bill till the total security deposit amount 10% of

value of contract /actual value of work done is collected, after which no further

deductions from bills will be made on this account , subject to Clause 25.3

below.

The earnest money deposited with the tender shall be adjusted towards

security deposit, provided it is furnished in case or demand draft only.

Alternatively the contractor may, at his option, deposit the full amount of

10% of the accepted value of the tender towards the security deposit within

10 days of receipt by him of the notification of acceptance of tender.

Page 33 of 128

25.2 Contractor can furnish the initial or total security deposit amount (a) in case

or (b) Government security or fixed deposit receipt of any schedule �A�

Bank of duly endorsed in favour of NRL or (c) through the Bank of

guarantee from any schedule �A� Bank in the form prescribed but in favour

of NRL Transfer of Government securities should be endorsed by the public

debt office of the Reserve Bank of India and enfaced for payment at a

treasury office nearest to the place of work. Security deposit, if paid

recovered in cash, may be latter on converted at the request of the contractor

to either interest bearing Government securities or F.D.R of a schedule �A�

Bank duly endorsed in favour of NRL and hypothecated with the owner or

may be converted to a Bank guarantee as stated above only after recovery of

full 10% security deposit.

25.3 If the contractor /sub contractor or their employees shall damage,break

deface or destroy any property belonging to the owner or others during the

execution of the contract, the same shall be made good by the contractor at

his own expense and in default therof, the Engineer-In-Charge may cause

the same to be made good by other agencies and recover expenses from the

contractor (for which the certificate of the Engineer-In-Charge shall be

final).

25.4 All compensation or other sums of money payable by the contractor to the

owner under terms of this contract may be deducted from or paid by the

encashement or sale of a sufficient part of his security deposit or from any

sums which may be due or may become due to the contractor by the owner

on any account whatsoever and in the event of his security deposit being

reduced by reasons of any such deductions or a sale of said, the aforesaid

contractor shall within ten days thereafter make good in cash or Bank drafts

or Government Securities endorsed, as aforesaid any sum or sums which

may have been deducted from or realized by sale of his security deposit, or

any part thereof. No interest shall be payable by the owner for sum deposited

as security deposit.

26.0 TIME FOR PERFORMANCE:

26.1 TIME FOR MOBILISATION:

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The work covered by this contract shall be commenced within twenty-one

days after the receipt of the LETTER OF ACCEPTANCE OF TENDER and

the completed in stage or on or before the dates as mentioned in the time

schedule of completion of work. The contractor should bear in mined that

time is the essence of this agreement. Request for revision of time schedule

after tenders are opened will not receive consideration. The above period of

twenty-one days is included within the overall completion schedule, not over

and above the completion time to any additional work or any other reasons.

26.2 TIME SCHEDULE OF CONSTRUCTION:

26.2.1 The general time schedule of construction is given in the tender document.

Contractor should prepare a detailed weekly or monthly or weekly

programmed jointly with the Engineer-In-Charge within one month of

receipt of LETTER OF INTENT or ACCEPTANCE of tender. The work

shall be executed strictly as per the time schedule given in the contract

document which required includes the time required for mobilization,

testing, rectification�s if any, retesting and completion in all respects in

accordance with Contract document to the entire satisfaction of the

Engineer-In-Charge.

26.2.2 The contractor shall submit a detail PERT net work within the time frame

agreed above consisting of adequate number of activities covering various

key phases of the work such as design, procurement, manufacturing,

shipment and field erection activities within 15 days from the of LETTER

OF ACCEPTANCE OF TENDER. This network shall indicate the interface

facilities to be provided by the owner and the dates by which such facilities

are needed.

26.2.3 Contractor shall discuss the network so submitted with the owner and the

agreed net work which may be in the form as submitted with the owner or in

revised form in line with the out come of discussions shall form part of the

contract, to be signed within thirty (30) days from the date of LETTER OF

ACCEPTANCE OF TENDER. During the performance of the contract, if in

the opinion of the owner proper progress is not maintained suitable change

shall be made in the contractors operation to ensure proper progress. If

however owner feels that progress is not as per pre agreed progress which

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will have re persuasion on timely completion of the contract owner will have

liberty either to terminate the contract or impose suitable penalty for delay.

The above PERT network shall be reviewed periodically and report shall be

submitted by the Contractor as directed by Owner/EIL.

27.0 FORCE MAJEURE:

Any delays in or failure of the performance of either perty hereto shall not

constitute default hereunder gives rise to any claims for damages, if any to

the extent such delays or failure of performance is caused by occurrence of

events such as Acts of God or the public enemy expropriation or

confiscation of facilities by government authorities, acts of war, rebellion,

sabotage of fires, floods, explosions & riots.

28.0 EXTENSION OF TIME:

If the contractor desire an extension of the time for completion of the work

on the grounds of his having been unavoidably hindered in its execution or

any other grounds he shall apply in writing to the Engineer-In-Charge within

ten days of the date of hindrance on account of which he desires such

extension as aforesaid, and the Engineer-In-Charge shall, if in his opinion

(which shall be final) reasonable grounds have been shown therefore,

authorized such extension of time as may, in his opinion be necessary or

proper without any extra cost/liability of the owners.

29.0 COMPENSATION FOR DELAY(LIQUIDATED DAMAGES):

29.1 The time allowed for carrying out the work as entered in the tender shall be

strictly observed by the contractor. The work shall throughout the stipulated

period of the contract be proceeded with all the diligence (time being

deemed to be essence of the contract) and the contractor shall pay to the

owner as compensation an amount equal to 1% or such smaller amount as

the Engineer-In-Charge (whose decision in writing shall be final), may

decide on the amount of the contract value for every week that the work may

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remain incomplete as per the time schedule, subject to a maximum

compensation of 15% of the contract value after which period action will be

taken by the Engineer-In-Charge under the provisions of the contract.

29.2 To ensure good progress during the execution of the work, the contractor

shall be bound, in all cases in which the time allowed for any work exceed

one month, to complete one fifth of the work before one fourth of time

allowed under the CONTRACT. In the event of the contractor failing to

comply with this condition he shall be liable to pay as compensation at

amount as stipulated above. The compensation so paid shall not relieve the

contractor from his obligations to complete the work or from any other

obligations and liabilities under this contract.

30.0 SUM PAYABLE BY WAY OF COMPENSATION TO BE

CONSIDERED AS REASONABLE COMPENSATION WITHOUT

REFERENCE TO ACTUAL LOSS:

30.1 All sums payable by way of compensation under any of the conditions shall

be genuine pre estimate of damages and shall be considered as reasonable

compensatation without reference to the actual loss or damage, which shall

have been sustained.

31.0 RIGHTS OF THE OWNER TO FORFEIT SECURITY DEPOSIT:

Whenever any claim against the contractor for the any payment of a sum of

money arises out of or tender the contract, the owner shall be entitled to

recover such sum by appropriating in part or whole the security deposit of

the contractor. In the event of security deposit being in sufficient or if no

security deposit has been taken from the contractor, then the balance or the

total sum recoverable, as the case may be shall be deducted from any sum

then due or which, at any time there after may become due to the contractor,.

The contractor shall pay to the owner on demand any balance remaining due.

32.0 FAILURE BY THE CONTRACTOR TO COMPLY WITH THE

PROVISIONS OF THE CONTRACT :

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32.1 If the contractor refuses or fails to execute the WORK or any part thereof

with such diligence as will ensure its completion within the time specified in

the contract or extension thereof or fails to perform any of his obligation

under the contract or in any manner commits a breach of any of the

provisions of the contract, it shall be open to the owner at its option by

written notice to the contractor.

(a) TO DETERMINE THE CONTRACT In which event the contract

shall stand terminated and shall cease to be in force and effect on and

from the date appointed by the owner on that behalf, where upon the

contractor shall stop forthwith any of the contractors work then in

progress, except such work as the owner may, in writing require to be

done to safeguard any property or work, or installation from damage,

and the owner, for its part may take over the work remaining

unfinished by the contractor and complete the same through a fresh

contractor or by other means, at the risk and cost of the contractor,

and the contractor or any of his sureties if any, shall be liable to the

owner for any excess cost occasioned by such work having to be so

taken over and completed by the owner over and above the cost at

rates specified in the schedule of quantities and rate /prices.

(b) WITHOUT DETERMINE THE CONTRACT to take over the work

of the contractor or any part thereof and complete the same through a

fresh contractor or by other means at the risk and cost of the

contractor. The contractor and any of his sureties are liable to the

Owner for any excess cost over and above the cost as worked out in

terms of the contract, occasioned by such works having been taken

over and completed by owner.

32.2 IN SUCH EVENTS AND ABOVE:

(a) The whole or part of the security deposit furnished by the contractor is

liable to be forfeited without prejudice to the right of the owner to

recover from the contractor the excess cost referred to on the sub

clause aforesaid, the owner shall also have the right of taking

possession and utilizing in completing the works or any part thereof,

such materials, equipment and plants available at work site belonging

to the contractor as may be necessary and the contractor shall not be

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entitled for any compensation for use or damage to such materials,

equipment and plant.

(b) The amount that may have become due to the contractor on account of

work already executed by himself not be payable to him until after the

expiry of six calendar month reckoned from the date of termination of

contract or from the taking over of the work or part thereof by the

owner as the case may be, during which period the responsibility for

faulty materials or workmanship in respect of such work shall under

the contract, rest exclusively with the Contractor. This amount shall

be subject to deduction of any amounts due from the contractor to the

owner under the terms of the contract authorized or required to be

reserved or retained by the owner.

32.3 Before determining the contract, provided in the judgement of the owner, the

default or defaults committed by the contractor is /are curable and can be

cured by the contractor if an opportunity given to hi, then the owner may

issue notice in writing calling the contractor to cure the default within such

time specified In the notice.

32.4 The Owner also have the right to proceed or take action as per above, in the

event that the Contractor becomes Bankrupt, insolvent, compounds with his

creditors, assigns the contract in favour of his creditors or any other person

or persons, or being a company or a cooperation goes in to voluntary

liquidation, provided that in the said event it shall not be necessary for the

owner to give any prior notice to the contractor.

32.5 Termination of the contract as provided for in sub clause 32.1 (a) above shall

not prejudice or affect the rights of the owner which may have accrued up

the date of such termination.

33.0 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF

ACTION NOT TAKEN AFTER CLAUSE 32.0 ENTITLED FAILURE

BY CONTRACTOR :

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In any case in which any of the powers conferred upon the owner by clause

32.0 hereof shall have become excisable and the same had not been

exercised, the non exercise thereof shall not constitute a waiver of any of the

condition hereof and such powers shall be notwithstanding be exercisable in

the event of any further case of default by the contractor for which by any

clause or clauses hereof he is declared liable to pay compensation amounting

to the whole of his security deposit, and the liability of the contractor for

past and future COMPENSATION shall remain unaffected. In the event of

the owner putting in force the powers under sub clause 32.1, 32.2, 32.3, 32.4

and 32.5 above vested in him under the proceeding clause he may, if he so

desires, take possession of all or any tools, and plans, materials and stores in

or upon the works or the site. Thereof belonging to the contractor or

procured by him and intended to be used for the execution of the work or

any part thereof paying or allowing for the same in account at the contract

prices or in case of these not being applicable at current market prices to be

certified by the Engineer-In-Charge whose certificate thereof shall be final,

otherwise the Engineer-In-Charge may give notice in writing to the

contractor to his clerk of works, foreman or other authorized agencies,

requiring him to remove such tools, plant, materials or stores from the

premises (within a time to be specified in such notice).And in the event of

the contractor failing to comply with any .such requisition, the Engineer-In-

Charge may remove them at the contractors expense or sell them by auction

or private sale on account of the contractor and at his risk in all respect

without any further notice as to the date, time or place of sale and certificate

of the Engineer-In-Charge as to the expenses of any such removal and the

amount of the proceeds and expenses of any such sale shall be final and

conclusive against the contractor.

34.0 CHANGE IN CONSTITUTION:

Where the Contractor is a partnership firm the prior approval, in writing, of

the owner shall be obtain before any changes made in the constitution of the

firm. Where the contractor is an individual or a Hindu undivided family

business concern, such approval as aforesaid shall, like wise be obtained

before such contractor enters in any agreement with other parties, where

under the reconstituted firm would have the right to carry out the work

hereby undertaken by the contractor. In either case if prior approval as

aforesaid is not obtained, the contract shall be deemed to have been allotted

in contravention of clause 40 (I) works hereof and the same action may be

Taken and the same consequence shall ensure as provided in the said clause.

Page 40 of 128

35.0 TERMINATION OF CONTRACT FOR DEATH:

If the contractor is an individual or a proprietary concern and the individual

or the proprietor dies or if the contractor is a partnership concerned and one

of the partner dies then unless, the owner is satisfied that the legal

representative of the individual or the proprietary concern or the surviving

partners are capable of carrying out and completing Contract, he (the owner)

is entitled to cancel the CONTRACT for the uncompleted part without being

in any way liable for any compensation payment of the estate of the

deceased Contract and /or to the surviving partners of the contractors firm on

account of the cancellation of the contract. The decision of the owner in such

assessment shall be final and binding on the parties.

36.0 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE:

No director or official or employee of the OWNER/EIL Engineer shall in

any way be personally bound or liable for the acts or obligations of the

owner under the Contract or answerable for any default or omission in the

observance or performance of any of the acts , matters or things which

are herein contained.

37.0 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS:

The contractor shall not be entitled to any increase on the contract prices or

any other right or claim whatsoever by reason of any representation,

explanation, statement or alleged representation, promise or guarantees

given or alleged to have been given to him by any person.

38.0 CONTRACTORS OFFICE AT SITE:

The contractor shall provide and maintain an office at the site for the

accommodation of his agent and staff and such office shall be open at all

reasonable hours to receive instructions, notice or other communications.

The Contractor at all time shall maintain a site instruction book and

compliance of these shall be communicated to the Engineer-In-Charge from

time to time and the whole document shall be preserved and handed over

after completion of works.

39.0 CONTRACTORS SUBORDINATE STAFF AND THEIR CONDUCT:

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39.1 The contractor, on or after award of the work shall name and depute a

qualified Engineer having sufficient experience in carrying out work of

similar nature, to whom the equipment�s, materials, if any, shall be issued

and instructions for works given. The contractor shall also provide to the

satisfaction of the Engineer-In-Charge sufficient and qualified staff to

superintend the execution of the works, competent sub agent, foreman and

leading hands including those specially qualified by previous experience to

supervise the types of work comprised in the contract in such manner as will

ensure work of the best quality, expeditious working. Whenever the opinion

of the Engineer-In-Charge additional properly qualified supervisory staff is

considered necessary, the shall be employed by the contractor without

additional charge on accounts thereof. The contract shall ensure to the;

satisfaction of the Engineer-In-Charge that sub contractors, if any, shall

provide competent and efficient supervision, over the work entrusted to

them.

39.2 If and whenever any of the contractor�s or sub contractor�s agents, sub-

agent�s, assistants, foreman, or other employees shall in the opinion of

Engineer-In-Charge be guilty of any miss conduct or found indulging in

theft or be incompetent or insufficiently qualified or negligent in the

performance of their duties or that in the opinion of the owner or the

Engineer-In-Charge, it is undesirable for administrative or any other reason

for such person or persons to be employed in the works, the contractor, if so

directed by the Engineer-In-Charge, shall at once removed such person or

persons from employment thereon. Any person or persons so removed from

the works shall not again be employed in connection with the works

without the written permission of the Engineer In Charge. Any person so

removed from the works shall be immediately replaced at the expense of

the contractor of a qualified and competent substitute. Should the contractor

be requested to repatriate any person removed from the works he shall do so

and shall bear all costs in connection therewith.

39.3 The contractor shall be responsible for the proper behavior of all staff,

foremen, workmen, and others, and shall exercise a proper degree of control

over them and in particular and without prejudice to the said generality, the

contractor shall be bound to prohibit and prevent any employees from

trespassing or acting in any way detrimental or prejudicial to the interest of

the community or of the properties or occupiers of land and properties of the

neighborhood and in the event of such employee so trespassing, the

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contractor shall be responsible therefore and relieve the owner of all

consequent claims or action for damages or injury or any other ground

whatsoever. The decision of the Engineer-In-Charge upon any matter arising

under this clause shall be final. The contractor shall be liable for any liability

to owner on account of deployment of contractor staff etc. incident at on

arising out of the execution of contract.

39.4 If and when required by the Owner the contractor�s personal entering upon

the Owner�s premises shall be properly identified by badges of a type

acceptable to the Owner which must be worn at all times on Owner�s

premises. Contractor may be required to obtain daily entry passes for his

staff/employees from Owner to work within operating areas. These being

safety requirements, no relaxations on any account shall be given to the

contractor.

40.0 SUB-LETTING OF WORK:

i) No part of the contract nor any share or interest therein shall in any manner

or degree be transferred, assigned or sublet by the contractor directly or

indirectly to any person, firm or corporation whosoever without prior

consent in writing, of the Owner.

ii) SUB-CONTRACTS FOR TEMPORARY WORKS ETC:

The Owner may give written consent to sub-contract for the execution of

any part of the works at the site, being entered in to by contractor provided

each individual sub-contract is submitted to the Engineer-In-Charge before

being entered into and is approved by him.

iii) LIST OF SUB-CONTRACTORS TO BE SUPPLIED:

At the commencement of survey of every month the contractor shall furnish

to the Engineer-In-Charge, list of all sub-contractors or other persons or

firms engaged by the contractor and working at the site during the previous

month with particulars of the general nature of the sub-contract or work

done by them.

iv) CONTRACTOR�S LIABILITY NOT LIMITED BY SUB-

CONTRACTORS:

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Notwithstanding any sub-contracting with such approval as aforesaid and

notwithstanding that the Engineer-In-Charge shall have received copies of

any sub-contracts, the contractor shall be and shall remain solely responsible

for the quality, proper and expeditious execution of the works and the

performance of all conditions of the contract in all respects as if such sub-

contracting had not taken place, and as if such work had been done directly

by the contractor.

v) OWNER MAY DIRECT TO TERMINATE SUB-CONTRACTS:

If any sub-contractor engaged upon the works at the site execute any works

which in the opinion of the Engineer-In-Charge is not in accordance with the

contract documents, the owner may by written notice to the contractor ask

him to terminate such sub contract and dismiss the sub-contractors and the

latter shall forthwith leave the works, failing which the owner shall have the

right to remove such sub-contractors from the site.

vi) NO REMEDY FOR ACTION TAKEN UNDER THIS CLAUSE:

No action taken by the owner under this clause shall relieve the contractor of

any of his liabilities under the contract or give rise to any right or

compensation, extension of time or otherwise, failing which the owner shall

have the right to remove such sub-contractors from the site.

41.0 POWER OF ENTRY:

If the contractor shall not commence the work in the manner previously

describe in the CONTRACT documents or if he shall at any time in the

opinion of the Engineer-In-Charge.

i) fail to carry out the works in conformity with the contract documents,

or

ii) fail to carry out the works in accordance with the time schedule, or

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iii) substantially suspend works for a period of fourteen days without

authority from the Engineer-In-Charge, or

iv) fail to carry out and execute the works to the satisfaction of the

Engineer-In-Charge, or

v) fail to supply sufficient or suitable construction plant, temporary

works, labour, mate, rails or things, or

vi) Commit, suffer, or permit any other breach of any other of provisions

of the contract on his part to be performed or observed or persist in

any of the above mentioned breaches of the contract for fourteen days,

after notice in writing shall have been given to the Contractor by the

Engineer-In-Charge requiring such breach to be remedied, or

vii) If the Contractor shall abandon the works or

viii) If the contractor during the continuance of the contract shall become

bankrupt, make any arrangement to composition with his creditors, or

permit any execution to be levied or go into liquidation whether

compulsory or voluntary (not being merely a voluntary liquidation for

the purpose of amalgamation or reconstruction), then in any such case,

the owner shall have the power to enter upon the works and take

possession thereof and of the materials, temporary work,

constructional plant, and stock thereon, and to revoke the contractor�s

license to use the same, and to complete the works by his agents,

other contractors or workmen or to re-let the same upon any terms and

to such other person, firm or corporation as the owner in his absolute

discretion may think proper to employ and for the purpose aforesaid

to use or authorized the use of any materials, temporary work,

constructional plant, and stock as aforesaid, without making payment

or allowance to the contractor for the said materials other than such as

may to be certified in writing by the Engineer-In-Charge to be

reasonable, and without making any payment or allowance to the

contractor for the use of the temporary said works constructional plant

and stock or being liable for any loss or damage thereto, and if the

owner shall by reason of his taking procession of the works or of the

works or of the works being completed by other contractor (due

account being taken of any such extra work or works which may be

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omitted) then the amount of such excess as certify by Engineer-In-

Charge shall be deducted from any money which may be due for work

done by contractor under the Contract and not paid for . Any

deficiency shall forthwith may good and paid to the owner by the

contractor and the owner shall have the power to sell in such manner

and for such prices as he may think fit all or any of the constructional

plant, materials etc. constructed by or belonging to the contractor and

to recoup and retain the said deficiency or any part thereof out of

proceeds of the sale.

42.0 CONTRACTOR�S RESPONSIBILTY WITH THE MECHANICAL,

ELECTRICAL INTERCOMMUNICATION SYSTEM, AIR

CONDITIONING CONTRACTORS AND OTHER AGENCIES:

Without repugnance to any other condition, it shall be the responsibility to

the contractor executing the work of civil construction to work in close co

operation and coordinate the works with the civil and structural,

mechanical, electrical, air conditioning, instrumentation�s, insulation,

painting Contractors and other agencies or their authorized representatives,

in providing the necessary grooves, recess, cuts and opening etc. in wall,

slabs, beams and columns etc. and making good ;of the same to the desired

finish as per specification, for the replacement of electrical,

intercommunication cables, conduits air-conditioning inlets and other out

lets grills and equipment�s etc., where required. For the above said

requirements in the false ceiling and other partitions, the contractor before

starting up the works shall in consultation with the electrical, mechanical,

intercommunication, air conditioning contractor and other agencies prepare

and put up a joint scheme, showing the necessary openings, grooves,

recesses, cuts, the method of fixing required for the works of the aforesaid,

and the finishes therein, to the Engineer-In-Charge and get the approval.

The contractor before finally submitting the scheme to the Engineer-In-

Charge, shall have the written agreement of all the other agencies. The

Engineer-In-Charge before communicating his approval to the scheme, with

any required modifications, shall get the final agreement of the agencies,

which shall be binding. No claim shall be entertained on account .of the

above.

The contractor shall conform in all respects with provisions of any statuary

regulations, ordinances or bye laws of .any local or duly constituted

Page 46 of 128

authorities or public bodies which may .be applicable from time to time to

the works or any temporary works. The contractor shall keep the owner

indemnified against all penalties and liabilities of every kind, arising out of

non-adherence to such statutes, ordinances, laws, rules, regulations etc.

43.0 OTHER AGENCIES AT SITE:

The Contractor shall have to execute the work in such place and conditions

where other agencies will also be engaged for other works. No claim shall be

entertained due to work being executed in the above circumstances.

44.0 NOTICE:

Any notice hereunder may be served on the contractor or his duly authorized

representative at the job site or may be served by registered mail direct to the

address furnished by the contractor. Proof of issue of any such notice could

be conclusive of the contractor having been duly in formed of all contents

therein.

45.0 RIGHT OF VARIOUS INTERESTS:

i) The owner reserves the right to distribute the work between more than

one agencies. The contractor shall be cooperate and afford other

agencies reasonable opportunity for access to the works for the

carriage and stores of materials and execution of their works.

ii) Wherever the work being done by any department of the owner or by

other contractors employed by the owner is contingent upon work

covered by this CONTRACT, the respective right s of the various

interests involved shall be determined by the Engineer-In-Charge to

secure the completion of the various portions of the work in general

harmony.

46.0 PATENTS AND ROYALTIES:

46.1 The contractor, if licensed under any patent covering equipment, machinery,

materials or compositions of matter to be used or supplied or methods and

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process to be practiced or employed in the performance of this contract,

agrees to pay all royalties and license fees which may be due with respect

thereto. If any equipment, machinery, materials, composition of matters, be

used or supplied or method or processes to be practiced or employed in the

performance of this contract, so covered by a patent under which the

Contractor is not licensed then the contractor before supplying or using the

equipment, machinery materials, composition method or processes shall

obtain such licenses and pay such royalties and license fees as may be

necessary for performance of this contract. In the event of the contractor

fails to pay any such royalty or obtain any such license, any suit for

infringement of such patents which is brought against the contractor or the

owner /as a result of such failure will be defended by the contractor at his

own expense and the contractor will pay any damages and costs awarded in

such suit. The contractor shall promptly notify the owner if the contractor

has acquired knowledge of any plant under which a suit for infringement

could be reasonably brought because of the use by the Owner of any

equipment, machinery, materials, process, methods to be supplied hereunder.

The contractor agrees to and does hereby grant to Owner, together with the

right to extend the same to any of the subsidiaries of the owner and

irrevocable, royalty free license to use in any country any invention made by

contractor or his employee in or as result of the performance of the work

under the CONTRACT

.

46.2 All charges on account of royalty, tollage, rent, octroi, terminal or sales tax

and/or other duties or any other levy on materials obtained for the work or

temporary work or part thereof (excluding materials provided by the owner)

shall be done by the contractor.

46.3 The contractor shall not sell or otherwise dispose of or remove except for the

purpose of this contract, the sand, stone, clay, ballast, earth, rock or other

substances, or materials obtained from any excavation made for the purpose

of the work or any building or produce upon the site at the time of delivery

of the possession thereof, but all substance, materials, buildings and produce

shall be the property of the owner provided that the contractor may. With the

permission of the. Engineer-In-Charge, use the same for the purpose of the.

Work by payment of cost .of the same as such as rate may be determined by

the. Engineer-In-Charge.

46.4 The owner shall indemnify and save harmless the contractor from any loss

on account of claims against the contractor for the contributory infringement

Page 48 of 128

of patent right arising out and based upon the claim that the use by the owner

of the process included in the designed prepared by the owner and used in

the operation of the plant infringes on any patent right. With respect to any

sub contract entered into by contractor pursuant to the provisions of the

relevant clause hereof. The contractor shall obtain from the sub contractor an

undertaking to provide the owner with the same patent protection that

contractor is required to provide under the provisions of clause, 46.1

47.0 LIENS:

47.1 If at any time there should be evidence or any lien or claim for which the

Owner might have become liable at which is chargeable to the contractor,

the owner shall have the right to retain out of any payment then due or

thereafter to become due an amount sufficient to completely indemnify the

owner against such lien or claim and if such lien or claim be valid, the

owner may pay and discharge the same and deduct the amount so paid from

any money which may be or may become due and payable .to the

contractor. If any lien or claim remain unsettled after all payments are

made, the contractor shall refund or pay .the owner all money that the latter

may be compelled to pay in discharging such lien or claim including all

costs and reasonable expenses. Owner reserves the right to the same.

47.2 The owner shall have lien on all materials, equipment�s, including those

brought by the contractor for the purpose of erection, testing and

commissioning of work.

.

47.3 The final payment shall not become due until the contractor delivers to the

Engineer-In-Charge a complete release or waiver of all lien arising or which

may arise out of his agreement or receipt in full certification by the

contractor in a form approved by Engineer-In-Charge that all invoices for

labour, materials, services have been paid in lien thereof and if required by

the Engineer-In-Charge in any case an affidavit that so far as the contractor

has knowledge or information the releases and receipts include ;all the

labour and material for which a lien could be filled.

47.4 Contractor will indemnify and hold the owner harmless, for a period of two

year after the issue of final Certificate, forms all liens and other

encumbrances against the owner on account of debts or claims alleged to be

due from the contractor or his sub contractor to any person including sub

contractor and on behalf of owner will defend at his own expense, any claim

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or litigation in connection therewith. Contractor shall defend or contest at his

own expense any fresh claim or litigation brought against, the owner or the

contractor by any persons including his sub contractor, till its satisfactory

settlement even after the expiry of two years from the date of issue of final

Certificate.

48.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS:

48.1 In case the Contractor�s performance is delayed due to any act or omission

on the part of the owner or his authorized agents, then the contractor shall be

given due extension of time for the completion of the work, to the extent

such omission on the part of the Owner has caused delay in the contractor�s

performance of his work.

48.2 No adjustment in contract price shall be allowed for reasons of such delays

and extensions granted, except as provided in tender, where in the owner

reserves the right to seek indulgence of contractor to maintain the agreed

time schedule of completion. In such an event the contractor shall be obliged

to arrange for working by contractor�s person for additional time beyond

stipulated working hours as also on Sundays and holidays and achieve the

completion date interim targets.

49.0 PAYMENT IF THE CONTRACT IS TERMINATED:

49.1 If the Contract shall be terminated, the contractor shall be paid by the Owner

in so far as such amounts or items shall not have already been covered by

payments of amounts made to the contractor for the works executed and

accepted by Engineer-In-Charge prior to the date of termination .at the rates

and prices provided of in the contract and in addition to the following:

a) The amount payable in respect of any preliminary items, so far as the

work or service comprised therein has been carried out or performed

and an appropriate portion as certified by Engineer-In-Charge of any

such items of the work or service comprised in which has been

partially carried out or performed.

b) Any other expense which the contractor has expended for performing

the works under the contract subject to being duly recommended by

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Engineer-In-Charge and approved by owner for payment, based on

documentary evidence of his having incurred such expenses.

49.2 The contractor will be further required to transfer the title and provide the

following in the manner and as directed by the Owner.

a) Any and all completed works

b) Such partially completed works including drawings, information and

Contract rights as the contractor has specially performed, produced for

the performance of the contractor.

50.0 NO WAIVER OF RIGHTS:

Neither the inspection by the owner or any of their officials, employees, or

agent nor any order by the owner or EIL for payment of money or any

payment for or acceptance of the whole or any part of the work by the owner

nor any extension of time, nor any possession taken by owner shall operate

as a waiver of any provisions of the contract, of any power herein reserved

to the Owner, Or any right to damages herein provided, nor shall any.

Waiver of any breach in the contract be hold to be a waiver of any other or

subsequent breach.

51.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND

LIABILITY OF CONTRACTOR:

No interim payment certificates of the Owner, nor any sum paid on account

by the Owner, or any extension of time for execution of the work granted by

Owner shall affect or prejudice the rights of the Owner against the contractor

or relieve the contractor of his obligations for the due performance of the

CONTRACT, or be interpreted as approval of the /works done or of the

equipment supplied and no certificate shall create liability for the owner to

pay for alterations, amendments, variation or additional works not ordered,

in writing, by Owner or discharge the liability of the Contractor for the

payment .of damages whether due ascertained, or certified or not or any sum

against the /payment .of which he is bound to indemnify the OWNER.

52.0 LANGUAGE AND MEASURES:

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All documents pertaining to the contract including specification, schedules,

Notices, correspondence, Operating, and maintenance, instructions,

drawings, or any other writings shall be written in English language. The

metric system of measurement shall be used in the contract unless otherwise

specified.

53.0 TRANSFER OF TITLE:

53.1 The title of Ownership of supplies furnished by the contractor shall not pass

on to the Owner for all supplies till the same are finally accepted by the

Owner after the successful completion of PERFORMANCE TEST and

GUARANTEE TEST and issue of final certificate.

53.2 However the Owner shall have the lien on all such works, performed as soon

as any advance or progressive payment is made by the Owner to the

contractor and the Contractor shall not subject these works for use other than

those intended under this contract.

54.0 RELEASE OF INFORMATION:

The contractor shall not communicate or use in advertising, publicity sales

releases or in any other medium, photograph, or other reproduction of the

work under this CONTRACT or description of the site dimensions, quantity,

quality or other information, concerning .the work unless prior written

permission has been obtained from the Owner.

55.0 BRAND NAMES:

The specific reference in the specifications and documents to any material

by trade name, make or catalogue number shall be construed as establishing

standard or quality and performance and not as limited competition.

However tenderer may offer other similar equipment�s provided it meets the

specified standard design and performance requirements.

56.0 COMPLETION OF CONTRACT:

Unless otherwise terminated under the provisions of any other relevant

clause, this contract shall be deemed to have been completed at the

expiration of the period of liability as provided for under the contract.

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57.0 SPARES:

57.1 The contractor shall furnish to the Owner all spares required for

commissioning of the plants, recommendatory an /or mandatory spares,

which are required/considered essential by the manufacturer/supplier. The

same shall be /delivered at SITE-3 (three) month before

COMMISSIONING.

Also the Contractor should furnish the manufacturing drawing for fast

wearing spares.

57.2 The contractor�s guarantees the owner that before the manufacturers of the

equipment�s. Plants and machinaries go out of production of spare parts for

the equipment furnished and erected by him, he shall give at least twelve

(12) months, advance notice to the owner, so that the latter may order his

requirement of spares in one lot, if he so desires.

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SECTION-V

PERFORMANCE OF WORK:

58.0 EXECUTION OF WORK:

All the works shall be executed in strict conformity with the provisions of

the. Contract documents and with such explanatory detailed drawings,

specification and instructions as may be furnished from time to time to the

contractor by the Engineer-In-Charge whether mentioned in the contract or

and. The contractor shall be responsible for ensuring that works through out

are executed in the most substantial, proper and workmanlike manner with

the quality material or workmanship in strict accordance with the

specification and to the entire satisfaction of the Engineer-In-Charge.

The contractor shall provide all necessary materials, equipment�s labour etc.

for execution and maintenance of work till completion unless otherwise

mentioned in the contract.

59.0 CO-ORDINATION AND INSPECTION OF WORKS:

The coordination and inspection of the day to day work under contract shall

be the responsibility of the Engineer-In-Charge. The written instruction

regarding any particular job will normally be passed by the Engineer-In-

Charge or his authorized representative. A work order book will be

maintained by the contractor for each sector in which the aforesaid written

instruction will /be entered. These will signed by the Contractor or his

authorized representative by way of acknowledgement within 12 hours.

60.0 ALTERATIONS IN SPECIFICATIONS, DESIGNS AND EXTRA

WORKS:

60.1 The work covered under this contract having to be executed by the

contractor on a lumpsum firm price/item rate quoted by him, the owner will

not accept any proposals for changes in value of contract or extension in

time on account of any such changes which may arise to the contractor�s

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scope of work as a result of detailed Engineering and thereafter during the

execution of work. The only exception to this will be a case where the

owner requests in writing to the contractor to up grade the specifications or

the size of any major pieces of equipment�s, plant or machinery beyond

what is normally required to meet the scope of work as defined in the

contract document.

In such cases a change order will be initiated by the contractor at the

appropriate time for the Owner�s prior approval giving the full back up data

for their review and for final settlement of any impact on price within

30(Thirty) days thereafter.

60.2 The Engineer-In-Charge have power to make any alteration in, omission

from, additions to or substitution for, the schedule of rates, the original

specifications, drawings, designs and instruction that may appear to him to

be necessary or advisable during the progress of the work and the contractor

shall be bound to carry out such altered/extra/new items of works in

accordance with any instructions which may be given to him writing signed

by the Engineer-In-Charge, and such alteration, omissions, additions, or

substitution shall not invalidate the contract and any altered, additional or

substituted work which the contractor may be directed to do in the manner

above specified as part of the work shall be carried out by the contractor on

the same condition in all respects on which he agreed to do the main work.

The time of completion of work may be extended for the part of the

particular job of at the discretion of the Engineer-In-Charge, for only such

alterations, additions or substitutions of the work, as he may considered as

just and reasonable. The rates for such addition, altered or substituted work

under this clause shall be worked out in accordance with the following

provisions.

I. FOR ITEM RATE CONTRACT:

a) If the rates for the additional, altered or substituted work are specified in the

contract for the work, the Contractor is bound to carry out the additional,

altered or substituted work at the same rates as; per specified in the contract.

b) If the rates for additional, altered or substituted work are not specially

provided in the contract for the work, the rates will be derived in from the

rates for similar class of work as per specified in the contract for the work.

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The opinion of the Engineer-In-Charge, as to whether or not the rates can

reasonably so derived from the items in this contract will be final and


c) If the rates for the altered, additional or substituted work cannot be

determine in the manner specified in sub clause (a) and (b) above, then the

contractor shall, within 7 days of the date of receipt of order to carry .out the

work, inform the Engineer-In-Charge of the rates which it is his intention to

charge for such class of work, supported by the analysis of the rate or rates

claimed, and the Engineer-In-Charge shall determine the rate or rates on the

basis of the prevailing market rates, labour cost at schedule of labor rates

plus 15% Material Components only to cover contractor�s supervision,

overheads and profit and pay to the contractor accordingly. The opinion of

the Engineer-In-Charge as to current market rates of materials and the

quantum of labour involved per unit of measurement will be final and


d) Where the items of work will; be execute through nominated specialist

agency as approved by the Engineer-In-Charge, then the actual amount paid

to such nominated agency supported by the documentary evidence and as

certified by Engineer-In-Charge shall be considered plus 10% (Ten percent)

to cover all contingencies, overhead, profits to arrive at the rates.

e) Provision contained in sub clauses (a) to (d) above shall, however, not apply

to the following:

Where the value of additions of new items together with the value of

alterations, additions/deletions or substitutions is within the range of plus

minus ( ) 25% of the Value of Contract. The item rates in the schedule of

rates shall hold good for all such variations between the above mentioned

limits, in respective of any increase/decrease of the quantities of individual

items of schedule of rates.

Where the value of addition of new items together with the value of

alterations, additions/deletion/substitution exceed by more than plus minus

( ) 25% of contract value but is within the following limits to the tenderer

shall be paid compensation for increase/decrease in the value of wok as

followed:

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SL.NO. RANGE OF VARIATION PERCENTAGE

COMPENSATION FOR

DECREASE IN THE VALUE

OF WORK

IN THE RESPECTIVE

RANGE.

a) Beyond (+) 25% upto & No increase or decrease shall be applicable

inclusive of (+) 50% for the schedule of rates (The rates quoted for

this increase shall be valid)

b) Beyond (-) 25% upto & 5% (five percent) increase shall be applicable

inclusive of (-) 50% for the difference in value of work between

(-) 25% and (-) 50% of the Contract value.

This will be worked out as follows:

5% of (75% of the awarded value of contract

minus actually executed value of contract,

inclusive of extra item, if any)

II. FOR LUMPSUM CONTRACTS:

Contract shall, within 7 days of the date of recopy of order to carry out the

work, inform the Engineer-In-Charge of the rates which it is his intention to

charge for such class of work, supported by analysis of the rate or rates

claimed, and the Engineer-In-Charge shall determine the rate or rates on the

basis of the prevailing market rates, labour cost at schedule of labour rates

plus 15% to cover contractor supervision, overheads and profit and pay the

contractor accordingly. The opinion of the Engineer-In-Charge as to current

market rates of materials and the quantum of labour involved per unit of

measurement will be final and binding of the Contractor.

61.0 WORK ON SUNDAYS AND HOLIDAYS:

For carrying out of work on Sundays, and holidays, and the contractor will

approach the Engineer-In-Charge or his representative at least two days in

advance and obtain permission in writing.

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�The contractor shall observed all labour laws and other statutory

rules and regulation in force.In case of any violation of such laws, rules and

regulations, consequence if any including the cost thereto shall be

exclusively done by the contractor and owner shall have the no liability

whatsoever on this account.�

62.0 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION

WORK:

62.1 The working time at the time of work is 48 hours per week. Over timework

is permitted in case of need and the owners will not compensate the same.

Shift working at 2 or 3 shifts per day will become necessary and the

contractor should take this aspect into consideration for formulating his

rates for quotation. No extra claim to be entertained by the owner on .his

account

�For carrying out work beyond working hours the contractor will approach

the Engineer-In-Charge or his authorized representative and obtain the prior

written permission.�

62.2 The Contractor must arrange for the placement of workers in such a way

that the delayed completion of the work or any part thereof for any reason

whatsoever will not affect their proper employment. The owner will not

entertain any claim for idle time payment whatsoever.

62.3 The contractor shall submit to the owner reports at regular intervals

regarding the state and progress of work. The details and proforma of the

report will mutually be agreed after the award of contract.

The contractor shall provide display boards showing progress and labour

strength at work site, as directed by the Engineer-In-Charge.

63.0 DRAWINGS TO BE SUPPLIED BY THE OWNER:

63.1 The drawings accompanying the tender document are indicative of nature of

work and issued for tendering purpose only. Purpose of this drawing is to

enable the tenderer to make an offer in line with requirements of the owner.

However no extra claim whatsoever shall be entertained for any variation in

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the �Approved for Construction� and �Tender Drawings� regarding any

change /units. Construction shall be as per drawings /specifications

issued/approved by the Engineer-In-Charge during the course of execution

of work. Detailed construction Drawings on the basis of which actual

execution of work is to proceed will be furnished the contractor

progressively based on the detailed construction program evolved after the

award of work and also based on construction progressed achieved.

63.2 Detailed working drawings on the basis of which actual execution of the

works is to proceed, will be furnished from time to time during the progress

/of the work. The contractor shall be deemed to have gone through the

drawings and bring to the notice of the Engineer-In-Charge discrepancies if

any, therein before actually carrying out of the work.

63.3 Copies of all detailed working Drawings relating to the works shall be kept

at the contractor�s office on the site and shall be made available to the

Engineer-In-Charge at any time during execution of the contract. The

drawings and other documents issued by the owner shall be return to the

owner on completion of the works.

64.0 DRAWING TO BE SUPPLIED BY THE CONTRACTOR:

64.1 The drawings/data which are to be furnished by the contractor are

enumerated in the special condition of contract, and shall be furnished

within the specified time.

64.2 Where approval /review of drawings before

manufacturer/construction/fabrication has been specified,it shall be

contractor�s responsibility to have this drawings prepared as per the direction

of Engineer-In-Charge and got approved before proceeding with

manufacture/construction/fabrication as the case may be. Any change that

may have become necessary in this drawing during the execution of the

work shall have to be carried out by the contractor to the satisfaction of

Engineer-In-Charge at no extra cost. All final drawings shall bear the

certification stamp as indicated below duly signed by both the contractor and

Engineer-In-Charge.

Certificate true for

______________________________Project

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Agreement No._______________________

Signed _____________________________

__________________________

(Contractor) (Engineer-In-Charge)

64.3 The drawings submitted by the contractor shall be reviewed by the Engineer-

In-Charge as far as practiciable within 3(three) weeks and shall be modified

by the contractor if any modifications and/or corrections are required by the

Engineer-In-Charge. The contractor shall incorporate such modifications

and/or corrections and submit the final drawings for approval. Any delays

arising out of failure by the contractor rectify the drawing in good time shall

not alter the contract completion time.

64.4 It shall be the responsibility of the contractor to furnish the manufacturer�s

drawings whereever supply of equipment is in the scope of contractor in

order to facilitate the inspection or erection of equipment supplied by them.

64.5 A built drawings showing all corrections, adjustments etc. shall be furnished

by the Contractor six copies and one transparent for record purpose of the

Owner.

64.6 The Contractor will furnish drawings/manufacturers catalogue operating

manual for items manufactured or procured by the contractor in properly

bound form. In case the contractor fails to submit these document in time a

suitable amount at the desecration of the owner would be with held or

recovered from the bills.

65.0 SETTING OUT WORKS:

65.1 The Engineer-In-Charge shall furnish the contractor with only the four

corners of the works site and a level bench mark and the contractor shall be

set out the works and shall provide an efficient staff for the purpose and

shall be solely responsible for the accuracy of such setting out.

65.2 The Contractor shall provide, fix and be responsible for the maintenance of

all stakes, templates, level marks, profile and other similar things and shall

take all necessary precautions to prevent their removal or disturbance and

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shall be responsible for the consequence of such removal or disturbance

should the same take place and for their efficient and timely reinstatement.

The contractor shall also be responsible for the maintenance of all-existing

survey marks, boundary marks distance marks and centerline marks, either

existing or supplied and fix by the contractor. The work shall be set out to

the satisfaction of the Engineer-In-Charge. The approval thereof or joining

with the contractor by .the Engineer-In-Charge in setting .out the work, the

work shall /not relieve the .contractor of any of his responsibilities

65.3 Before beginning the works the Contractor shall at his own cost, provide all

necessary reference and level posts, pegs, bamboo�s, flags, ranging rods,

string and other materials for proper layout the work in accordance with the

scheme for bearing marks acceptable to the Engineer-In-Charge. The center

longitudinal or face lines and cross lines shall be marks by means of small

masonry pillars. Each pillar shall have distinct mark at the center to enable

theodolite to be set over it , No work shall be started unit all these points are

checked and approved by the Engineer-In-Charge in writing but such

approval shall not relieve the contractor of any of this responsibilities. The

contractor shall also provide all labour, materials and other facilities, as

necessary, for the proper checking of layout and inspection of the points

during Construction.

65.4 Pillars bearing geodetic marks located at the sites of unit of works under

construction should be protected and fenced by the Contractor.

65.5 On completion of works, the Contractor must submit the geodetic documents

according to which the work was carried out.

66.0 RESPONSIBILITY FOR LEVEL AND ALIGNMENT:

66.1 The contractor shall be entirely and exclusively responsible for the

horizontal and vertical alignment, the level and correctness of every part of

the work and shall rectify effectively any errors or imperfections therein,

such rectification shall be carried out by the Contractor, at his own cost,

when instructions are issued to that effect by the Engineer-In-Charge.

67.0 MATERIALS TO BE SUPPLIED BY CONTRACTOR:

67.1 The CONTRACTOR shall procure and provide the whole of the materials

required for the construction including M.S.Rods, Cement and other

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building materials, tools, tackles construction plant and equipment for the

completion and maintenance of the work except the materials which will be

ieeued by the owner and shall make his own arrangement for procuring such

materials and for the transport there of. The owner may give necessary

recommendation to the respective authority if so desired by the contractor

but assumes no further responsibility of any nature. The owner will insist on

the procurement of the materials, which bear ISI stamp and /or which are

supplied by the reputed suppliers.

67.2 The Contractor shall properly store all materials either issued to him brought

by him to the site to /prevent damages due to rain, wind, direct exposure to

sun, etc. as also from theft, pilferage etc. for proper and speedy execution, of

his works. The contractor shall maintain sufficient stocks of all materials

required by him.

67.3 No material /shall be dispatched from the contractor�s stores before

obtaining the approval, in writing, of Engineer-In-Charge.

68.0 STORES SUPPLIED BY THE OWNER/SECURITY OF

MATERIALS/EQUIPMENTS:

68.1 If the specification of the work provides for the use of any material of

special description to be supplied for the owners stores or it is the required

that the Contractor shall use certain stores to be provided by the Engineer-

In-Charge, such materials and store, and price to be charge therefore as

herein after mentioned being so far as practicable for the convenience of the

Contractor, but no so as in any way to control the meaning or effect of the

contract, the Contractor shall be bound to purchase and shall be supplied

such materials and stores as are from time to time required to used by him

for the purpose of the contract only. The sums due from the Contractor for

the. Value of materials supplied by the owner will be recovered from the

running account bill on the basis of the actual consumption of materials in

the works covered and which the running account bill has been prepared.

After the completion of the Work however, the Contractor has to account for

the full quantity of materials supplied to him as per relevant clauses in this

document.

68.2 The value of the stores/ materials as may be supplied to the Contractor by

the owner will be debited to the Contractor�s account at the rates shown in

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the schedule of materials and if they are not entered in the schedule, they

will be debited at cost price, which for purpose of the contract shall include

the cost of carriage and all other expenses whatsoever such as normal

storage supervision charges which shall have been incurred in obtaining the

same at the Owners stores. All materials so /supplied to the Contractor shall

remain the absolute property of the owner and shall not be removed on any

account from the site of the work, and shall be at all times open for

inspection to the Engineer-In-Charge.Any such materials remaining unused

at the. time of the completion or termination of the contract shall be returns

to the owners stores or at a place as directed by the Engineer-In-Charge in

/perfectly good condition at Contractor�s cost.

69.0 CONDITIONS FOR ISSUE OF MATERIALS:

i) Materials specified as to be issued by the Owner will be supplied to

the contractor by the Owner from his stores. It shall be responsibility

of the Contractor to take delivery of the materials and arrange for its

loading, transport and unloading at the SITE of work this own cost.

The materials shall be issued between the working hours and as per

the rule of the Owner .as framed from time to time.

ii) The Contractor shall be all incidental charges for the storage and safe

custody of materials at site after these have been issued to him.

iii) Materials specified as to be issued by the owner shall be issued in

standard sizes as obtain from the manufacturers.

iv) The Contractor shall construct suitable Gowdowns at the SITE of

work for the storing the materials safe against damage by rain

dampness fire, theft etc. He shall also, employ necessary watch and

ward establishment for the purpose.

v) It shall be the duty of the Contractor to inspect the materials supplied

to him at the time of taking delivery /and satisfy himself that they are

in good condition. After the materials have been delivered by the

owner, it shall be the responsibility of the CONTRACTOR to keep

them in good condition and if the materials are damaged or lost, at any

time, they shall be repaired and / or replaced by him at his own cost

according to the instructions of the ENGINEER � IN- CHARGE.

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vi) The OWNER shall not be liable for delay in supply or non-supply of

any materials which the OWNER has undertaken to supply where

such failure or delay is due to natural calamities, act of enemies,

transport and procurement difficulties and any circumstances beyond

the control of the OWNER. In no case, the CONTRACTOR shall be

entitled to claim any compensation or loss suffered by him on this

account.

vii) It shall be responsibility of the Contractor to arrange in a time all

materials required for the work other than those to be supplied by the

owner. If, however, in the opinion of the Engineer-In-Charge the

execution of the work is likely to be delayed due to the Contractors

inability to make arrangement for supply of materials which normally

he has to arrange for the Engineer-In-Charge shall have to the right at

his own discretion to issue such materials, if available with the Owner

or to procure the materials from the market or else where and the

contractor will be bound to take such materials at the rates decided by

the Engineer-In-Charge . This, however, doesn�t in any way absolve

the. CONTRACTOR from responsibility of making arrangement for

the supply of such materials in part or in full, should such a situation

occur nor shall this constitute a reason for .the delay in execution of

the work.

viii) None of the materials supply to the Contractor to be utilized by the

Contractor for manufacturing item which can be obtain a supplied

from standard manufacturer in finished form.

ix) The Contractor shall, if desired by the Engineer-In-Charge, be

required to execute an Indemnity Bond in the prescribed from the safe

custody and accounting of all materials issued by the OWNER.

x) The Contractor shall furnish to the Engineer-In-Charge sufficiently

in advance a statement showing his requirement of the quantities of

the materials to be supplied by the Owner and the time when .the

same will be required by him for the works, so as to enable the

Engineer-In-Charge make to necessary arrangements for procurement

and supply of the material.

xi) Account of the materials issued by the owner shall be maintained by

Contractor indicating the daily receipt, consumption and balance in

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the hand. This account shall be maintained in a manner prescribed by

the Engineer-In-Charge along with all connected papers are. Viz.

requisitions, issues, etc and shall be always available for inspection in

the Contractors office at SITE.

xii) The Contractor should see that only the required quantities of

materials are got issued. The Contractor shall not be entitled to cartage

and incidental charges for returning the surplus materials, if any to the

stores wherefrom they were issued or to the place as directed by the

Engineer-In-Charge.

xiii) Materials equipment�s (s) supplied by the owner shall not be utilize

for any purpose (s) than issued for.

70.0 MATERIAL PROCURED WITH ASSISTANCE OF OWNER

RETURN OF SURPLUS:

Notwithstanding anything contained to the contrary in or all the clauses of

this contract where any materials for the execution of the contract are

procured with the assistance of the owner either by issue from Owner stock

or purchases made under order or permits or licensed issued by

Government., the Contractor shall hold the said materials as trustee for the

owner and use such materials economically and solely for the purpose of the

contract and not dispose them off without the permission of the owner and

return, if required by the Engineer-In-Chare, all surplus or unserviceable

materials that may be left with him after the completion of the contract or as

it termination for any reason whatsoever on his being paid or credited such

price as the Engineer-In-Charge, shall determine having due regard to the

condition of materials. The price allowed to the Contractor however shall

not exceed the amount charged to him excluding the storage charges, if any

.The decision of the Engineer-In-Charge shall be final and conclusive in

such matters. In the event of breach of the aforesaid condition, the

Contractor shall, In terms of the licenses or permits and/ or criminal breach

of trust, be liable to compensate the owner at double rte or any higher rate, in

the event of those materials at that time having higher rate or not being

available in the market then any other rate to be determine by the Engineer-

in-Charge and his decision shall be final and conclusive.

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71.0 MATERIALS OBTAINED FROM DISMANTLING:

If the Contractor in the course of execution of the work is called upon to

dismantle any part for reason other than those stipulated in clause 76 and 80

hereunder the materials obtain in the work of dismantling etc.,will be

considered as the owners property and will be disposed off to the best

advantage of the owner .

72.0 ARTICLES OF VALUE FOUND:

All gold, silver and other minerals of any description and all precious stones,

coins, treasure relics, antiquities and other similar things which shall be

found in, under or upon the SITE, shall be the property of the owner and the

contractor shall duly preserve the same to the satisfaction of the Engineer-In-

Charge and shall from time to time deliver the same to such person or peson

indicated by the OWNER.

73.0 DESCRIPANCIES BETWEEN INSTRUCTIONS:

Should any discrepancy occur between the various instructions furnished to

the Contractor, his agent or staff or any doubt arise as to the meaning of any

such instructions or should there be any misunderstanding between the

Contractor staff and the Engineer-In-Charge staff. The Contractor shall refer

the matter immediately in writing to the Engineer-In-Charge whose decision

thereon shall be final and conclusive and no claim for losses alleged to have

been caused by such discrepancies between instruction, doubts, or

misunderstanding shall in any event be admissible.

74.0 WORK IN MONSOON AND DEWATERING:

74.1 The execution of the work may entail working in the monsoon also. The

Contractor must maintain a minimum labour force as may be required for

the job and plan and execute the construction and erection according to the

prescribe schedule. No extra rate will be considered for such work in

monsoon.

74.2 During the monsoon and other period, it shall be the responsibility of the

Contractor to keep the construction work site free from water at his own

cost.

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75.0 ACTION WHERE NO SPECIFICATION IS ISSUED:

In case of any class of work for which there is no SPECIFICATION

supplied by the owner as mention in the tender documents such works shall

be carried out in accordance with the Indian Standard Specifications don�t

cover to the same, the work should be carried out as per standard

Engineering practice subject to the approval of the Engineer-In-Charge.

76.0 INSPECTION OF WORKS:

76.1 The Engineer-In-Charge will have full power and authority to inspect the

work at any time wherever in progress either on Site or at the Contractor�s

premises/workshop wherever situated, premises/workshop of any person,

firm for corporation where work in connection with contract ma be in hand

or where materials are being or are to be supplied, and the contractor shall

afford or procure for the Engineer-In-Charge every facility and assistance

carry out such inspection. The CONTRACTOR shall, at all time during the

usual workings hours and at all other time at which reasonable notice of the

intention of the Engineer-In-Charge or his representative to visit the work

shall have been given to the Contractor, either himself be present to receive

orders and instructions, or have a responsible agent duly accredited in

writing, present for the purpose. Orders given to the Contractor�s agent shall

be considered to have the same force as if they had been given to the

Contractor himself. The Contractor shall give not less than seven days notice

in writing to the Engineer-In-Charge before covering up and otherwise

placing beyond reach of inspection and measurement of any work in order

that the same may be inspected and measured. In the event of breach of

above the same shall be uncovered at Contractor�s expense for carrying out

such measurement or inspection.

76.2 No material shall be dispatched from the contractor�s stores before obtaining

the approval in writing of the Engineer-In-Charge. The Contractor is to

provide at all time during the progress of the work and the maintenance

period, proper means of access with ladders, gangways etc. and the

necessary attendance to move and adopt as directed for inspection or

measurements of the work by the Engineer-In-Charge.

77.0 ASSISTANCE TO THE ENGINEER-IN-CHARGE :

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The Contractor shall make available to the Engineer-In-Charge free of cost

all necessary instruments and assistance in checking and setting out of works

and in the checking of any works made by the contractor for the purpose of

setting .out and taking measurements of work.

78.0 TESTS FOR QUALITY OF WORK/QUALITY ASSURANCE:

78.1 All workmanship shall be the respective kinds described in the contract

document and in accordance with the instructions of the Engineer-In-Charge

and shall be subjected from time to time to such test at Contractor�s cost as

the Engineer-In-Charge may direct at ,the place of manufacture or fabrication

or on the site or at all or any such places. The Contractor shall provide

assistance, instruments, labour and materials as are normally required for

examining, measuring and testing any workmanship as may be selected and

required by the Engineer-In-Charge

78.2 All the tests that will be necessary connection with the execution of the work

as decided by the Engineer-In-Charge shall be carried out at the field testing

laboratory of the owner by paying the charges as directed by the owner from

time to time .In case of non availability of testing facility with the Owner the

required test shall be carried out at the cost of contractor at Government or

any other testing laboratory as directed by the Engineer-In-Charge.

78.3 If any tests are required to be the carried out in conjunction with the work or

materials or workmanship not supplied by the contractor, such tests shall be

carried out by the Contractor as per instructions of Engineer-In-Charge and

cost of such tests shall be reimbursed by the Owner.

78.4 Bidder shall include in his offer the quality Assurance program containing

the over all quality management and procedures which is required to be

adhered on during the execution of contract or after the award of the contract

detailed quality assurance program to be followed for the execution of the

contract under various divisions of work will be mutually discussed and

agreed to.

The Contractor shall establish document and maintain an effective quality

assurance system as outlined in recognized codes. Quality assurance System

Plans/Procedure of the contractor shall be furnished in the form of a QA

manual. This document should cover details of the personnel responsible for

the quality assurance, plans or procedures to be followed for quality control

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in respect of design, Engineering, Procurement, supply, installation, testing

and commissioning. The quality assurance system should indicate

organizational approach for quality control and quality assurance of the

construction activities, at all stages of workout at site as well as at

manufacturer�s works and dispatch of materials. The Owner/EIL or their

representative reserve the right to inspect/witness, review any or all stages of

work at shop/site as deemed necessary for quality assurance.

79.0 SAMPLES FOR APPROVAL:

The Contractor shall furnish to the Engineer-In-Charge for approval, when

requested or if required by the specifications, adequate samples of all

materials and finished to be used in the Work. Such samples shall be

submitted before the work is commenced and in sample time to permit tests

and examinations thereof. All materials furnished and finishes applied in

actual Work shall be fully equal to the approved samples.

80.0 ACTION AND COMPENSATION IN CASE OF BAD WORK:

If it shall appear to the Engineer-In-Charge that any work Has been executed

with unsound, imperfect or unskilled workmanship, or with materials of

inferior description, or that any materials or articles provided by the

Contractor for the execution of works are unsound, or of a quality inferior to

that contracted for, or otherwise not in accordance with the contract, the

Contractor shall on deemed in writing for the Engineer-In-Charge or his

authorized representative specifying the work, materials or articles

complained of notwithstanding that the same may have been inadvertently

passed, certified and paid for , forthwith rectify or remove and reconstruct

the work so specified and provide other proper and suitable materials or

articles at his own cost and in the event of failure to do so within the period

specified by the Engineer-In-Charge in his demand aforesaid ., The

Contractor shall be liable to pay compensation at the rate of 1%(one percent

) of the estimated cost of the whole work, for every week limited to a

maximum of 10%(ten percent) of the value of the whole work , while his

failure to do so shall continue in the case of any such failure the Engineer-

In-Charge may on expiry of noticed period rectify or remove and re execute

the work or removed or replaced with others , the materials or articles

complained of to as the case may be at the risk and expense in all respect of

the Contractor. The decision of the Engineer-In-Charge as to any question

arising under this .clause shall be final and conclusive.

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81.0 SUSPENSION OF WORKS:

i) Subject to the provisions of sub par (ii) of this clause, the Contractor

shall if ordered in writing by the Engineer-In-Charge, or his

representative, temporarily suspend .the works or any part thereof for

such period and such time and so ordered and shall not after receiving

such written order, proceed with the work therein ordered to be

suspended until, he shall have, received a written order to proceed

therewith. The Contractor, shall not be, entitled to claim compensation

for any loss or damage sustained by him .by reason of temporary

suspension of the work aforesaid. An extension of time for

completion, corresponding with the delay caused by any such,

Suspension of the works as aforesaid will be grant to the Contractor

should be apply for the same provided that the suspension was not

consequent to any default or failure in the part of the

CONTRACTOR.

ii) In case of suspensions of entire work, ordered in writing by Engineer-

In-Charge for a period of more than three months, the

CONTRACTOR shall have the option to terminate the CONTRACT.

82.0 OWNER MAY DO PART OF WORK:

Upon failure of the contractor to comply with any instructions given in

accordance with the provisions of this contract the owner has the alternative

right, instead of assuming charge of entire work, to place additional labour

force, tools, equipment's and materials on such parts of the work, as Owner

may designate or also engage another contractor to carry out the work, In

such cases, the Owner shall deduct from the amount which the otherwise

might become due to the Contractor, the cost of such ,work and materials

with fifteen percent (15%) added to cover all departmental charges and

should the total amount thereof exceed the amount due to the

CONTRACTOR , the ,Contractor shall pay the difference to the OWNER.

83.0 POSSESSION PRIOR TO COMPLETION :

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The Engineer-In-Charge shall have right to take possession of or use

any completed or partially completed work or part of the work. Such

possession or use shall not be deemed to be an acceptance of any work. or

completed in accordance with the contract agreement. If such prior

possession or use by the Engineer-In-Charge delays the progress of work,

equitable adjustment, of the time of completion will be made and the,

contract agreement shall; be deemed to be modified accordingly.

84.0 TWELVE MONTHS PERIOD OF LIABILITY FROM THE DATE OF

ISSUE OF COMPLETION CERTIFICATE:

The Contractor shall guarantee the installation/work for a period of m12

months from the date of issue of completion certificate. Any damage or

defect that may arise or lie undiscovered at the time of issue of completion

certificate, connected in any way with the equipment or materials supplied

by him or in the workmanship, shall be rectified or replaced by the

Contractor at his own expense as deemed necessary by the Engineer-In-

Charge or in default, the, Engineer-In-Charge may cause the same to be

made good by the other Workmen and deduct expense (of which the

certificate of Engineer-In-Charge shall be final) from any sums that may be

then or at any time thereafter, become due to the Contractor or from his

security deposit or the proceed of sale thereof or a sufficient part thereof.

84.1 FAILURE TO RECTIFY DEFECTS DURING LIABILITY PERIOD

AND VARIATIONS:

If the Contractor fails to make good the defect noticed during, the liability

period, the Owner shall carry out such works and recover the actual cost

incurred towards labour, supervision, materials, and consumables or

otherwise plus 100%(hundred percent) towards overhead from any pending

bill/security deposit of the contractor.

If the contractor feels that any variations in work or any quality of materials

or proportions would be beneficial or necessary to fulfill the guarantees

called for, he shall bring this to the notice of the Engineer-In-Charge in

writing.

84.2 EXTENDED LIABILITY ON CONTRACT PERFORMANCE

GUARANTEE:

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If during the period of liability any, portion of the work/equipment, is found

defective and is rectified/replaced, the period of liability or such

equipment/portion of work shall be operative from the date of such

rectification/ replacement are carried out and contract performance

guarantee shall be furnished separately for the extended period of liability

for the portion of work/equipment only. Notwithstanding the above

provisions the supplier�s, guarantees/warrantees for the replaced equipment

shall also be passed on to the Owner.

84.3 CARE OF WORKS:

From the commencement to completion of the work, the Contractor shall

take full responsibility for the care of all works including all temporary

works and in case any damages, loss or injury shall happen to the work or to

any part thereof or to any cause. Whatsoever, shall at his own cost repair and

make good the same so that t at completion the work shall be in good order

and in conformity in every respect with the requirement of the contract and

the Engineer-In-Charge�s instructions.

84.4 DEFECTS PRIOR TO TAKING OVER:

If at any time, before the work is taken over, the Engineer-In-Charge shall:

a) Decide that any work done or materials used by the contractor or by

any sub-Contractor is defective or not in accordance with the

CONTRACT, or that the works or any portion thereof are defective,

or don't fulfill the requirements of contract (all such matter being

herein after , called DEFECTs in this clause), and

b) As soon as reasonably practicable, gives to the Contractor notice in

writing of the said decision, specifying particulars of the defect

alleged to exist or to have occurred that the Contractor shall at his

own expenses and with all speed make good the defect so specified.

In case contractor shall fail to do so , the owner may take , at the cost of the

Contractor, such step as may in all circumstances, be reasonable to make

good such defects. The expenditure so incurred by the Owner will be

recovered from the amount due to the Contractor. The decision of the

Engineer-In-Charge with regard to the amount to be recovered from the

Contractor will be final and binding on the Contractor. As soon as the work

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have been completed in accordance with the contract (except in minor

respects that don't affect their use for the purpose for which they are

intended and except for maintenance there of provided in clause 84.1 of

General Condition of Contract) and have passed the tests on completion, the

Engineer-In-Charge shall issue a certificate (hereinafter called completion

Certificate) in which he shall certify the date on which the work have been

so completed and have passed the said tests and the owner shall be deemed

to have taken over the work on the date so certified . If the work have been

divided into various groups in the CONTRACT, the OWNER shall be

entitled to take over any group or groups before the other or others and there

upon the Engineer-In-Charge shall issue a completion certificate which will,

however, be for such group or groups so taken over only. In such an event if

the group /section /part. so taken over is related to the integrated system of

the work , not withstanding date of grant of completion certificate for

group/section/part. The period of liability in respect of such

group/section/part shall extend 12 (twelve) month from the date of

completion of work.

84.5 DEFECTS AFTER TAKING OVER:

In order that the CONTRACTOR could obtain a COMPLETION

CERTIFICATE he shall make good, with all possible speed, any defect

arising from, the defective materials supplied by the CONTRACTOR or

workmanship or any act or omission of the CONTRACTOR workmanship

or any act or omission of the CONTRACT or that may have been noticed or

developed, after the works or groups of the works has been taken over the

period allowed for carrying out such work will be normally one month. If

any defect be not remedied within a reasonable time, the OWNER may

proceed to do the WORK at CONTRATOR�S risk and expense and deduct

from the final bill such amount as may be decided by the OWNER.

If by reason of any default on the part of the CONTRACTOR a

COMPLETION CERTIFICATE has not been issued in respect of any

portion of the work within one month after the date of fixed, by the

CONTRACT for the completion of the work , the Owner shall be at liberty

to use the work or any portion thereof in respect of within a completion

certificate has not been, provided that the work or the portion thereof so used

as aforesaid shall be reasonably capable of being used that the

CONTRACTOR shall be afforded reasonable opportunity for completing

these works for the issue of Completion Certificate.

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85.0 GUARANTEE / TRANSFER OF GUARANTEE:

For work like water-proofing, acid and alkali resisting materials, pre-

construction soil treatment against termite or any other specialized works

etc. the CONTACTOR shall invariably engage SUB-CONTRACTORS who

are specialists in the field and firms of repute and such a SUB-

CONTRACTOR shall furnish guarantees for their workmanship to the

Owner, through the Contractor . In case such a SUB-CONTRACTOR

/FIRM is not prepared to furnish a guarantee to the OWNER, the Contractor

shall give that guarantee to the OWNER directly.

86.0 TRAINING OF OWNER�S PERSONNEL:

86.1 The Contractor undertakes to provide training without any cost to

Engineering personnel selected and sent by the Owner at the works of the

Contractor without any cost to the Owner. The period and the nature of

training for the individual personnel shall be agreed upon mutually between

the Contractor and the Owner. These Engineering personnel shall be given

special training at the shops, where the equipment will be manufactured

and/or in their collaborator�s works and where possible, in any other plant

where equipment manufactured by the CONTRACTOR or his collaborators

is under installation or test to enable those personnel to become familiar with

the equipment being furnished by the CONTRACTOR. OWNER shall bear

only the to and fro fare of the said Engineering personnel

87.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS :

87.1 If during the progress of the work, OWNER /EIL shall decide and inform in

writing to the Contractor, that the unsound or imperfect or has furnished

plant inferior to the quality specified, the Contractor on receiving details of

such defects or deficiencies shall at his own expenses within (7) seven days

of his receiving the notice, or otherwise within such time as may be

reasonably necessary for making it good, proceed to alter, re-construct or

remove such work and furnished fresh equipment's up to the standards of the

specifications . In case the contractor fails to do so , Owner may on giving

the Contractor 7 (seven) days notice in writing of his intentions to do so,

proceed to remove the portion of the work so complained of and at the cost

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of Contractor perform all such works or furnish all such equipment's

provided that nothing in the clause shall be deemed to deprive the owner of

or affect any right under the contract, the owner may otherwise have in

respect of such defects and deficiencies.

Contractor, that the unsound or imperfect or has furnished plant inferior

to the quality specified, the Contractor on receiving details of such defects

or deficiencies shall at his own expenses within (7) seven days of his

receiving the notice, or otherwise within such time as may be reasonably

necessary for making it good, proceed to alter, re-construct or remove

such work and furnished fresh equipment's up to the standards of the

specifications . In case the contractor fails to do so , Owner may on giving

the Contractor 7 (seven) days notice in writing of his intentions to do so,

proceed to remove the portion of the work so complained of and at the cost

of Contractor perform all such works or furnish all such equipment's

provided that nothing in the clause shall be deemed to deprive the owner

of or affect any right under the contract, the owner may otherwise have in

respect of such defects and deficiencies.

87.2 The Contractors full and extreme liability under his clause shall be satisfied

by the payments to the OWNER of the extra cost .of such replacements

procured including erection/installation as provided for in the contract, such

extra cause being the ascertained difference between the price paid by the

Owner for the such replacements and the contract price portion for such

defective plants and repayments of any sum paid by the owner to the

Contractor in respect of such defective plant. Should the Owner not so

replace the defective plant the Contractors extreme liability under this clause

shall be limited to the repayment of all such sums paid by the Owner under

the contract for such defective plant.

88.0 DEFENCE OF SUITS:

If any action in any court is brought against the Owner and consultant or an

officer an agent of the Owner , for the failure , omission or neglect on the

part of the Contractor to perform any acts , matters, convenience or things

under the contract, or damaged or injury caused by the alleged omission or

negligence on the part of the Contractor, his agents, representatives or his

sub-Contractors, or in connection with any claimed based on lawful

demands of sub-contractors workmen suppliers or employees , the

.Contractor , shall in such cases indemnify and keep the Owner, and

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consultant and / or their representatives fully indemnified and hold harmless

from all losses, damages, expenses decrees arising out of such action .

89.0 CONSTRUCTION AIDS, EQUIPMENT'S, TOOLS & TACKLES:

89.1 Contractor shall be solely responsible for making available for executing the

work, all requisite CONSTRUCTION EQUIPMENT'S, Special aids, barges,

cranes and the like, all tools, trackless and testing EQUIPMENT'S and

appliance, including imports of such equipment's etc. as required In case of

import of the same the rates Applicable for levying of custom duty on such

Equipment, Tools, & Tackles and the duty drawback applicable there on

shall be ascertained by the Contractor from the concerned authorities of

Government of India. It shall be clearly understood that owner shall not in

any way be responsible for arranging to obtain custom clearance and/or

payment of any duties. and /or duty draw backs etc. for such equipment's so

imported by the Contractor and the Contractor shall be fully responsible for

all taxes, duties and documentation with regard to the same . Tendeer, in his

own interest may contract, for any clarifications in the matter, the office of

chief Controller or imports and exports, Ministry of Commerce, Govt. of

India Udyog Bhawan, Maolana Azad Road, New Delhi-110001. All

clarification so obtained and interpretations thereof shall be solely the

responsibility of the CONTRACTOR.

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SECTION -VI

CERTIFICATES AND PAYMENTS

90.0 SCHEDULE OF RATES AND PAYMENTS:

i) CONTRACTOR�S REMUNERATION:

The price to be paid by the OWNER to Contractor for the whole of the work

to be done and for the performance of all the obligations undertaken by the

Contractor under the contract documents shall be ascertained by the

application of the respective schedule of rates (the inclusive nature of which

is more particularly define by way of application but not of limitation, with

the succeeding sub-clause of this clause) and payment to be made

accordingly for the work actually executed and approved by the Engineer-

In-Charge . The sum so ascertained shall (excepting only as and to the extent

expressly provided herein) constitute the sole and inclusive remuneration of

the Contractor under the contract and no further or other payment

whatsoever shall be or become due or payable on the Contractor under the

Contract.

ii) SCHEDULE OF RATES TO BE INCLUSIVE:

The price /rates quoted ( i ) CONTRACT price by the Contractor shall

remain firm till the issue of final completion certificate and shall not be

subject to escalation. Schedule of rates shall be deemed to include and cover

all costs, expenses and liabilities of every description and all risks of every

kind to be taken in executing, completing and handing over the work to the

OWNER by the CONTRACTOR . The Contractor shall be deemed to have

known the nature, scope, magnitude and the extent of the works and

materials required through the contract document may not fully and

precisely furnish them. He shall make such provision in the schedule of

rates, as he may consider necessary to cover the cost of such items of work

and materials as may be reasonable and necessary to complete the works.

The opinion of the Engineer-In-Charge as to the items of work which are

necessary and reasonable for completion of work shall be final and binding

on the CONTRACTOR, although the same may not be shown on or

described specifically in contract documents.

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Generality of this present provision shall not be deemed to cut down or

limited in any way because in certain cases it may and in other cases it may

not be expressly stated that the contractor shall do or perform a work or

supply articles or perform services at his own cost or without addition

payment or without extra charge or words to the same effect or that it may

be stated or not stated that the same are included in and covered by the

schedule of rates.

iii) SCHEDULE OF RATES TO COVER CONSTRUCTION

EQUIPMENT'S, MATERIALS, LABOUR ETC.

Without in any way limiting the provisions proceeding sub-clause the

schedule of rates shall be deemed to include and cover the cost of all

constructional plant temporary work ( except as provided for herein)

,pumps,materials,labour, insurance, fuel, consumables, stores, and

appliances to be supplied by the contractor and all other matters in

connection with each item in the schedule of rates and the execution of the

works or any portion thereof furnished, complete in every respect and

maintained as shown or described in the contract documents or as may be

ordered in writing during the continuance of the contract .

iv) SCHEDULE OF RATES TO COVER ROYALITIES, RENTS, AND

CLAIMS:

The schedule of rates (i.e. CONTRACT price) shall be deemed to include

and cover the cost of all royalties and fees for the articles and processes,

protected by letters, patent or otherwise in corporate in or used in connection

with the works, also all royalties, rents and other payment in connection with

obtaining materials of whatsoever kind for the works and shall include an in

demnmity to the Owner which the Contractor hereby gives against all

actions, proceedings, claims, damages, costs and expenses arising from the

incorporation in or used on the works of any such articles , processes or

materials,. Octoroi or other municipal or local Board Charges, if levied on

materials, equipment or machinery�s to be brought to site for use on works

shall be borne by the Contractor

v) SCHEDULE OF RATES TO COVER TAXES AND DUTIES:

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No exemption or reduction of customs duties, excise duties, sales tax on

works contract quay or any port dues, transport charges, stamp duties or

central or state Government or Local Body or Municipal Taxes or duties,

taxes or charges (from or of any other body), whatsoever, either prevailing as

on date and/or as may be levied in future will be granted or obtain, all of

which expenses shall be deemed to be included in and covered by the

schedule of rates. The Contractor shall also obtain and pay for all permits or

other privileges necessary to complete the work.

vi) SCHEDULE OF RATES TO COVER RISKS OF DELAY:

The schedule of rates shall be deemed to include and cover the risk of all

possibilities of delay and interference with the Contractor�s conduct of

works which occur from any clause including orders of the owner in the

exercise of his power and on account of extension of time granted due to

various reason and for all other possible or probable causes of delay.

vii) SCHEDULE OF RATES CANNOT BE ALTERED:

For work under unit basis, no alteration will be allowed in the schedule of

rates by reason of works or any part of them being modified altered,

extended, diminished or committed. The schedule of rates are fully inclusive

of rates which have been fixed by the Contractor and agreed to by the Owner

and cannot be altered.

For lumpsums Contracts, the payment will be made according to the work

actually carried out , for which purpose an items wise , or work wise

schedule of rates shall be furnished suitable for evaluating the value of work

done and preparing running account bill .

91.0 PROCEDURE FOR MEASUREMENT AND BILLING OF WORK IN

PROGRESS:

91.1 BILLING PROCEDURE:

Following procedures shall be adopted for billing of works executed by the

Contractor.

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91.1.1 All measurements shall be recorded in Quadruplicate on standard

measurement sheets/ books supplied by the owner and submitted toEIL for

scrutiny and passing.

91.1.2 Consultant shall scrutinise check the measurements recorded on the sheets/

books and shall certify correctness of the same on the measurement

sheets/books

The Contractor will be allowed to prepare and submit the bills in a month in

following manner.

Only one payment in month would be released either or measured or of

unmeasured.

In exceptional cases more than one payment can be released provided

the terms of the contract so envisage.

Alternate bill must be a measured bill

Measured bill, as certified by Engineer-In-Charge after recovering the

amount paid towards

Unmeasured

Bill/SD/MA/SA and other recoveries as per provision of the contract

agreement.

91.1.3 Consultant shall pass on the bills after carry out the comprehensive

checks in accordance with the terms and conditions of the contract, to the

Owner.

91.1.4 Measurements shall be recorded as per the methods of measurement spelt

out in specifications/Contract document. Consultant shall be fully

responsible for checking the measurements quantitatively as recorded in the

measurement Books/Bills.

91.1.5. While preparing the final bills overall measurements will not be taken

again. Only volume of work executed since the last measured bill alongwith

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summary of final measurements will be considered for the final bill.

However, a detailed check shall be made as to missing items, or

measurements the same shall; be recorded.

91.2 SECURED ADVANCE ON MATERIALS:

In case of tenders for completed item of work, Contractor may be allowed

Secured Advance, on the security of materials brought to site for execution

of the Contracted item of work to the extent of 75% of the value of materials

as assessed by the Engineer-In-Charge provided that the materials are of an

imperishable nature and that a formal agreement is drawn-up with the

Contractor under which the Owner secures a lien on the materials and so is

safeguarded against losses due to the Contractor postponing the execution of

the work or to the storage or misuse of the materials and against the expense

entitled for their proper watch and safe custody. Recoveries of advances so

made would not be postponed until the whole of the work entrusted to the

Contractor is completed. They should be adjusted from his bills for work

done as the materials are used, the neccessary deductions being made

whenever the items of work in which they are used are billed for.

91.3 DISPUTE IN MODE OF MEASUREMENT:

In case or any dispute as to the mode of measurement not covered by the

contract to be adopted for any item of work, mode of measurement as per

latest Indian Standard Specifications shall be followed

91.4 ROUNDING OF AMOUNTS:

In calculating the amount of each item to the Contractor in every certificate

prepared for payment, sum of less than 50 paise shall be omitted and the

total amount on each certificate shall be round off to the nearest rupees, i e.

Sum of less than 50 paise shall be omitted and sum of 50 paise and more

uppto one rupee shall be reckoned as one rupee.

92.0 LUMP-SUMS IN TENDER:

For the item in tender where it includes lump-sum in respect of parts of

work, the Contractor shall be entitled to payment in respect of the items at

the same rates as repayable under this contract for such items, or if the part

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of the work in question is not, in the opinion of the Engineer-In-Charge

capable of measurement or determination, the Owner may at his discretion

pay the lump-sum amount entered in the tender or a percentage thereof and

the certificate in writing of the Engineer-In-Charge shall be final and

conclusive against the Contractor with regard to any sum or sums payable to

him under the provision of this clause.

93.0 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS

ADVANCES:

All running accounts payment shall be regarded as payments by way, of

advance against the final payment only and not payments for work actually

done and completed and shall not preclude the requiring of bad, unsound and

imperfect or unskilled work to be removed and taken away are reconstructed

or re-erected or be considered as an admission of the due performance of the

Contract, or any part thereof, in his respect, or of the accuring of any claim

by the Contractor, nor shall it conclude, determine or affect in anyway the

powers of the Owner under these conditions or any of them as to the final

settlement and adjustment of the accounts or otherwise, or in any other way

vary or affect the Contract . The final bill shall be submitted by the

Contractor within one month of the date of physical completion of the work,

otherwise, the Engineer-In-Charges certificate of the measurement and of

total amount payable for the work accordingly shall be final and binding on

all parties.

94.0 NOTICE OF CLAIMS FOR ADDITIONAL PAYMENTS:

94.1(a) Should the Contractor consider that he is entitled to any extra payment or

compensation or to make any claim whatsoever in respect of the works he

shall forthwith give notice in writing to the Engineer-In-Charge that he

claims extra payment and /or compensation. Such notice shall be given to

the Engineer-In-Charge within ten days from the ordering of any work or

happening of any event upon which the contractor bases such claim and such

notice shall contain full particulars of the nature of such claim with full

details and amount claimed. Failure on the part of the Contractor to put

forward any claim with the necessary particulars as above within the time

above specified shall be and absolute waiver thereof. No omission by the

Owner to reject any such claim and no delay in dealing therewith shall be by

the owner of any rights in respect thereof.

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94.1(b) The Contractors agrees, and undertakes, that if the claims are not raised

within the said period of 10 days as above mentioned, then he shall be

stopped and debarred from raising such claims latter on in arbitration

proceeding or before any Court of Law. Such claims if presented before

arbitrator shall be deemed to be rejected by the Arbitrator and shall be liable

to be summarily dismissed forth with.

94.2 Owner shall review such claims within a reasonable period of time and

cause to discharge these in a manner considered appropriate after due

deliberations thereon. However, Contractor shall be obliged to carry on with

the work during the period in which his claims are under consideration by

the Owner, irrespective of the outcome of such claims.

Where additional payments for works considered extra are justifiable in

accordance with the Contract provisions, Owner shall arrange to release the

same in the same manner as for normal work payments. Such of extra works

so admitted by Owner shall be governed by all the terms, conditions,

stipulations and specifications as are applicable for the contract. The rates

for extra work shall generally be the unit rates provided for in the Contract.

In the event unit rates for extra works so executed are not available as per

Contract, payments may either be released on day work basis for which

daily/hourly rates for workmen and hourly rates for equipment rental shall

apply, or on the unit rate for work executed shall be derived by interpolation

of unit rates already existing in the Contract. In all the matters pertaining to

applicability rate and admittance or otherwise of an extra work claim of

Contractor the decision of Engineer-In-Charge shall be final and binding.

95.0 PAYMENT OF CONTRACTOR�S BILL:

No payment shall be made for works estimated to cost less than RS. 20,000/-

till the whole of the work shall have been completed and a certificate of

completion given. But in case of works estimated to cost more than RS.

20,000/- that contractor no submitting the bill thereof be entitled to receive a

monthly payment proportionate to the part thereof approved and passed by

the Engineer-In-Charge, whole certificate of such approval and passing of

the same so payable shall be final and conclusive against the Contractor.

This payment will be made after making necessary deduction as stipulated

else where in the contract document for materials, security deposit etc.

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Payments due to the contractor shall be made by the Owner if so directed by

the Owner by Account Payee check forwarding the same to registered office

or the notified office of the contractor. In no case will Owner be responsible

if the check is mislaid or misappropriated by unauthorised person/persons. In

all cases, the contractor shall present his bill duly pre-receipted on proper

revenue stamp.

All payments shall be made in Indian currency.

96.0 RECEIPT FOR PAYMENT:

Receipt for payment made on account of work when executed by a firm,

must be signed by a person holding the power of attorney in his respect on

behalf of Contractor, except when the Contractors are described in their

tender as a Limited Company, in which case the receipt must be signed in

the name of by Company by one of its principal officers or by some other

person having authority to give effectual receipt for Contractor.

97.0 COMPLETION CERTIFICATE:

97.1 APPLICATION FOR COMPLETION CERTIFICATE:

When the fulfills his obligations under 84.4 he shall be eligible to apply for

COMPLETION CERTIFICATE,. The Contractor may apply for separate

completion certificate in respect of each such portion of the work by

submitting the completion document along with such application for

COMPLETION CERTIFICATE,

The Engineer-In-Charge shall normally issue to the Contractor the

COMPLETION CERTIFICATE within one month after receiving an

application therefor from the Contractor after verifying from the completion

documents and satisfying himself that the work has been complete in

accordance with and as set out in the construction and extension drawings

and the Contractor Documents.

The Contractor after obtaining the COMPLETION CERTIFICATE is

eligible to present the final bill for the work executed by him under the terms

of CONTRACT.

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97.2 COMPLETION CERTIFICATE:

Within one month of the completion of the work in all respects, the

CONTRACTOR shall be furnished with a certificate by the Engineer-in-

Charge of such completion, but no completion certificate shall be given nor

shall the work be deemed to have been executed until all the scaffolding,

surplus materials and rubbish is cleared off the site completely nor until the

work shall have been measured by the Engineer-In-Charge, whose

measurement shall be binding and conclusive. The work will not be

considered as complete and taken over by the Engineer-in-Charge, until all

the TEMPORARY WORK, labour and staff colonies etc. Constructed are

removed and work site cleared to the satisfaction of the Engineer-In-Charge.

If the contractor shall fail to comply with the requirements of this clause on

or before the date fix for the completion of the work., the Engineer-In-

Charge may the expense of the Contractor remove such scaffolding, surplus

materials and rubbish and dispose of the same as the thinks fit, and clean of

such dirt as aforesaid, and the Contractor shall forthwith pay the amount of

all expense so incurred and shall have no claim in respect of any such

scaffolding or surplus materials as aforesaid except for any sum actually

realized by the sale thereof.

97.3 COMPLETION CERTIFICATE DOCUMENTS:

For the purpose of clause 97.0 the following documents will be deemed to

form the completion documents.

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

.

ii) Six sets of construction drawings showing therein the modification

and correction made during the course of execution duly signed by the

Engineer-In-Charge.

iii) Completion certificates for the �embedded:� and covered up works.

iv) Certificate of final levels as set out for various works.

v) Certificate of tests performed for various works.

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vi) Materials appropriation Statement for the materials issue by OWNER

for the work and list of surplus materials returned to Owner�s stores

duly supported by necessary documents.

98.0 FINAL DECISION AND FINAL CERTIFICATE:

Upon the expiration of the period of the ability and such subject of the

Engineer-In-Charge being satisfied the work has been duly maintained by

the Contractor during the monsoon or such period as here in before provided

in clause 84.1 and that the Contractor has in all respects duly made up any

subsidence and performed all his obligations under the contract, the

Engineer-In-Charge shall (without prejudice to the rights of the Owner to

retain the provisions of relevant clause thereof) otherwise give a certificate

herein refereed to as the FINAL CERTIFICATE to that efficient on the

Contractor shall be not considered to have fulfill the whole of his obligations

under the contract until FINAL CERTIFICATE shall have given by the

Engineer-In-Charge notwithstanding any previous entry upon the work

taking procession, working or using of the same or any part thereof by the

OWNER.

99.0 CERTIFICATE AND PAYMENTS NO EVIDENCE OF

COMPLETION:

Except final certificates or payment against a certificate or on general

account shall be taken to be an admission by the Owner on due performance

of the contract or any part thereof or of occupancy or validity of any claim

by the contractor.

100.0 DEDUCTIONS FROM THE CONNTRACT PRICE:

All costs, damages or expenses which Owner may have paid or incurred,

which under the provision of the contract, the contractor is liable, will be

claimed by the Owner. All such claims be billed by the Owner to the

Contractor regularly as and when they fall due. Such bills shall be supported

by appropriate and certified vouchers or explanations to enable the

contractor to properly identify such claims. Such claims shall be paid by the

contractor within 15 (fifteen) days of the receipt of the corresponding bills

and if not paid by the Contractor within the said period, the owner may then

deduct the amount for many moneys due or becoming due to the contractor

Page 86 of 128

under the contract or maybe recovered by actions of law or otherwise, if the

contractor fails to satisfy the Owner of such claims.

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SECTION �VII

TAXES AND INSURANCE

101.0 TAXES DUTIES, OCTROLETC:

101.1 The Contractor agrees to and does hereby accept full and exclusive liability

for the payment of any and all taxes , duties, including,excise duty , Octoris

etc. now or hereafter imposed, increased or modified , and all the sales taxes,

duties , octoris etc. now in force and hereafter increased, imposed, or

modified, from time to time in respect of works and materials and all

contributions and taxes for unemployment compensation, insurance and old

age pensions or annuities now or hereafter impose by any Central or State

Government authorise which are imposed with respect to or covered by the

wages, salaries, or other compensations paid to the person employed by the

Contractor and the contractor shall be responsible for the compliance with

all obligations and restrictions imposed by the Labour Law or any other law

affecting employer-employee relationship and the contractor further agrees

to comply , and to secure the compliance of all sub-contractors , with all

applicable Central, State, Municipal and local law and regulation and

requirement of any Central, State or local Government agency or authority

.Contractor futher agrees to defend, indemnify and hold OWNER harmless

from any liability or penalty which may be imposed by the Central, State or

Local authorities by reasons of any violation by the Contractor or Sub-

Contractor of such law, regulations or requirements and also from all claims,

suits for proceedings that may be brought against the OWNER arising under,

growing out of , or by reason of the work provided for by this CONTRACT,

by third parties, or by Central or State Government authority or any

administrative sub-division thereof.

Tax deducting will be made as per the rules and regulation and force, in

accordance with acts prevailing from time to time.

102.0 SALES TAX/TURN OVER TAX:

Tenderer should quote all inclusive prices including the liability of Sales

Tax/ Turn Over Tax whether on the works contracts a whole or in the

respect of brought out components used by the Contractor in execution of

the Contract. Owner shall not be responsible for any such liability of the

contractor in respect of this contract.

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103.0 EXCISE DUTY (ON WORKS CONTRACT ONLY ):

Excise duty on items fabricated at site, if applicable at a latter that will be

paid by OWNER at actual s, on production of documentary evidence(s).

Tendered should quote prices inclusive of excise duty applicable on

furnished product. However, in variations in excise duty of finished product

shall be , to the Owners account and contractor will furnish documentary

evidence(s) in support of their claims to Owner.

104.0 INSURANCE:

104.1 GENERAL:

` Contractor shall at his own expense arrange secure and maintain insurance

with reputable insurance companies to the satisfaction of the owner as

follows:

Contractor at his cost shall arrange secure and maintain insurance as may be

necessary and to its full value for all such amount to protect the works in

progress from time to time and the interest of owner against all as detailed

herein. The form and the limit of such insurance, s defined here in together

with the under works thereof in each case should be as acceptable to the

Owner. However, irrespective of work acceptance the responsibility to

maintain adequate insurance coverage at all times during the period, of

contract shall be that of Contractor alone. Contractor failure in this regard

shall not relieve him of any of his responsibilities and obligations under

contract.

Any loss or damage to the equipment, during ocean transportation, port

/custom clearance, in land and port handling, inland transportation, storage,

erection and commissioning till such time the work is taken over by

OWNER, shall be to the account of CONTRACTOR.

Statutory clearances, if any, in respect of foreign supply required for the

purpose of replacement of equipment lost in transit and /or during erection,

shall be made available by the Owner.

CONTRACTOR as far as possible shall cover insurance with Indian

Insurance Companies, including marine Insurance during ocean

transportation.

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i) EMPLOYEES STATE INSURANCE ACT:

The Contractor agrees to and does hereby accept full and exclusive liability

for the compliance with all obligations imposed by the employee State

Insurance Act 1948 and the Contractor further agrees to defend, indemnify

and hold Owner harmless for any liability or penalty which may be imposed

by the Central, State or Local authority by reason of any asserted violation

by contractor or Sub-Contractor of the employees, State Insurance Act,

1948, and also all claims, suits or proceeding that may be brought against the

owner arising under growing out of or by reasons of the work provided by

this contractor whether brought by employees of the Contractor, by third

parties or by Central or

State Government authority or any political sub-division thereof.

The Contractor agrees to fill in with the Employee�s State Insurance

Corporation, the declaration Forms, and all forms which may be required in

respect of the Contractor�s or Sub Contractor�s employees, who are

employed in the work provided for or those covered by ESI from time to

time under the agreement.

The Contractor shall deduct and secure the agreement of the sub-Contractor

to deduct the employee�s contribution as per the first schedule of the

Employees State Insurance Act from wages and affix the employees

contribution Card at wages payment intervals. The Contractor shall remit

and secure the agreement of the sub-contractor to remit to the State bank of

India, Employees State Insurance Corporation Account, the Employees

contribution as required by the act. The contractor agrees to maintain all

cards and records as required under the Act in respect of employees and

payments and the contractor shall secure the agreement of the sub-

Contractor to maintain such records. Any expenses incurred for the

contributions, making contribution or maintaining records shall be to the

Contractor�s or Sub-Contractor�s account.

Owner shall retain such sum as may be necessary from the total VALUE OF

CONTRACT until the Contractor shall furnish satisfactory proof that all

contributions as required by the Employees State Insurance Act, 1948, have

been paid. This will be pending on the CONTRACTOR when the ESI Act is

extended to the place of work.

ii) WORKSMEN�S COMPENSATION AND EMPLOYER�S LIABILITY

INSURANCE:

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Insurance shall be effected for all the Contractor�s employees engaged in the

performance of this Contract. If any of the work is sublet, the Contractor

shall require the Sub-Contractor to provide workman�s compensation and

employer�s liability insurance for the latter�s employees if such employees

are not covered under the Contractor�s Insurance.

iii) ANY OTHER INSURANCE REQUIRED UNDER LAW OR

REGULATIONS OR BY OWNER:

Contractor shall also carry or maintain any and all other insurance (s), which

he may be required under any law or regulation from time to time without

any extra cost to OWNER. He shall also carry and maintain any other which

may be required by the OWNER.

iv) ACCIDENT OR INJURY TO WORKMEN:

Owner shall not be liable for or in respect of any damages or compensation

payable at law in respect or in consequence of any accident or injury to any

workman or other person in the Employment in the CONTRACTOR or any

sub Contractor save and except an accident or injury resulting from any act

or default of the owner, his agents or servants and the Contractor shall

indemnify and keep indemnified the owner against all such damages and

compensation (save and except and aforesaid) and against all claims,

demands, proceeding, costs, charges and expenses, whatsoever in respect or

in relation thereto.

v) TRANSIT INSURANCE:

In respect of all items to be transported by the Contractor to the site of work,

the costs of transit insurance should be borne by the Contractor and the

quoted price shall be inclusive of this cost.

105.0 DAMAGE TO PROPERTY OR ANY PERSON OR ANY THIRD

PARTY:

i) Contractor shall be responsible for making good to the satisfaction of the

owner any loss or any damage to structures and properties belonging to the

OWNER or being executed or procured or being procured by the OWNER

or of other agencies with in the premises of all the work of the OWNER, if

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such loss or damage is due to fault and/or the negligence or willful acts or

omission of the Contractor, his employees, agents, representatives or SUB-

CONTRACTORs.

ii) The Contractor shall take sufficient care in moving his plants, equipment's

and materials from one place to another so that they don't cause any damage

to any person or to the property of the owner or any third party including

overhead and underground cables and in the event of any damage resulting

to the property of the OWNER or of a third party during the movement of

the aforesaid plant, equipment or materials the cost of such damages

including eventual loss of production, operation or services in any plant or

establishment as estimated by the OWNER or ascertained or demanded by

the third party shall be borne by the CONTRACTOR. Third party liability

risk shall be Rupees Two Lakh for single accident and limited to Rupees Ten

Lakhs.

iii) The Contractor shall indemnify and keep the OWNER harmless of all claims

for damage to property other than the OWNER�s property arising under or

by reason of this agreement, if such claims result from the fault and /or

negligence or with full acts or omission of the Contractor, his employees,

agents, representative of SUB-CONTRACTOR.

iv) The agency should consider within his quoted rates, the third party liability

insurance.

DAMAGE TO PROPERTY:

i) CONTRACTOR shall be responsible for making good to the satisfaction of

the OWNER any loss or any damage to structures and properties belonging

to the OWNER or being executed or procured or being procured by the

OWNER or of other agencies with in the premises of all the work of the

OWNER, if such loss or damage is due to fault and /or the negligence or

willful acts or omission of the Contractor, his employees, agents,

representatives or Sub-Contractor.

ii) Contractor shall indemnify and keep the OWNER harmless of all claims for

damage to property other then the OWNER�s property arising under or by

reason of this Contract, if such claims result from the fault and /or

negligence or willful acts or omission of the CONTRACTOR, his

employees, agents, representative of Sub-Contractors.

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SECTION- VIII

LABOUR LAWS AND ARBITRATION

106.0 LABOUR LAWS:

i) No labour below the age of 18 (eighteen) years shall be employed on

the work.

ii) The Contractor shall not pay less than what is provided under law to

laborers engaged by him on the work.

iii) The Contractor shall at his expense comply with all labour laws and

keep the OWNER indemnified respect thereof.

iv) The Contractor shall pay equal wages for men and women in

accordance with applicable labour laws.

v) If the Contractor is covered under the Contractor labour (Regulation

and Abolition)Act, he shall obtain a license from a licensing authority

( i.e. office of the labour commissioner) by the payment of necessary

prescribed fee and the deposit, if any, before starting the work under

the Contract. Such fee deposit shall be borne by the Contractor

v) (a) Contractors labour shall no privity with owner nor any Employer-

Employee relationship with the OWNER nor shall Owner be

constructed as principal employer vis-à-vis such Contractor�s Labour

for whom the principal Employer for purpose of contract Labour

(Abolition & Regulation) Act be the contractor.

vi) The contractor shall employ labour in sufficient numbers directly or

through Sub-Contractors to maintain the required rate for progress and

of quality to ensure workmanship of the degree specified in the

Contract and to the satisfaction of the Engineer-In-Charge.

vii) The Contractor shall furnish the Engineer-In-Charge the distribution

return of the number and description, by trades of the workpeople

employed on the works. The contractor shall also submit on the 4Th

and 19Th of every month to the Engineer-In-Charge a true statement

showing in respect of the second half of the preceding month and the

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1st half of the current month (1) the accident that occurred during the

said fortnight showing the circumstances under which they happened

and the extent of damage and injury caused by them and (2) the

number of female workers who have been allowed Maternity Benefit

as provided in the Maternity Benefit Act 1961 or rules made there

under and the amount paid to them.

viii) The Contractor shall comply with the provisions of the payment of

Wages Act1936, Minimum Wages Act 1948, Employers Liability Act

1938, Workmen�s compensation Act 1923, Industrial Disputes Act

1947, the Maternity Benefit Act 1961 and Contract Labour regulation

and abolition Act 1970, Employment of children Act1938 or any

modifications thereof or any other law relating thereto and rules made

there under from time to time.

ix) The Engineer-In-Charge shall on a report having been made by an

Inspecting officer as defined in Contract Labour ( Regulation and

Abolition)Act 1970 have the power to deduct from the money due to

the Contractor any sum required or estimated to be required for

making good the loss suffered by a worker or workers by reason of

non fulfillment of the conditions the Contract for benefit of workers

nonpayment of wages or of deductions made from his or their wages

which are no justified by the terms of the Contract or non observance

of the said regulations

x) The Contractor shall indemnify the Owner against any payments to be

made under and for the observance of the provisions of the aforesaid

Acts without prejudice to his right to obtain indemnity from his Sub-

Contractors. In the event of the Contractor committing a default or

breach of any of the provisions of the aforesaid Acts as amended from

time to time , of furnishing any information or submitting or filling

and Form/Register/Slip under the provisions of these Acts which is

materially incorrect then on the report of inspecting Officers, the

Contractor shall without prejudice to any other liability pay to the

Owner a sum not exceeding RS.50.00 as liquidated damages for every

default, breach or furnishing, making, submitting, filling materially

incorrect statement as may be fixed by the Engineer-In-Charge and in

the event of the Contractor�s default continuing in this respect, the

liquidated damages may be enhanced to RS.50.00 per day for each

day of default subject to a maximum of one percent of this estimated

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cost of the Works put to tender. The Engineer-In-Charge shall deduct

such amount from bills or security deposit of the Contractor and credit

the same to the Welfare Fund constituted under these Acts. The

decision of the Engineer-In-Charge in this respect shall be final and

binding.

107.0 IMPLEMENTATION OF APPRENTICES ACT,1961 / PROVIDENT

FUND ACT:

107.1 The Contractor shall comply with the provisions of the Apprentices Act

1961 and the rules and orders issued thereunder from time to time. If he fails

to do so, his failure will be a breach of the Contract and the Engineer-In-

Charge may, at his discretion, cancel the Contract.The Contractor shall also

be liable for any pecuniary liability arising on account of any violation by

him of the provisions of the Act.

107.2 The Contractor should strictly comply with the provisions of the Employees

provident Fund Act.

It is to be noted that the subject contract would be awarded only to those

agencies who have fulfilled the following requirements:

a) Obtained License under Labour (Abolition and Regulation) Act

1970and submitted to EIL

b) P.F. Registration number allotted to them by RPFC and submitted to

EIL.

c) The agencies should promptly deposit PF. Deduction of the eligible

contract employees plus the employers� contribution to the R.P.F.C.

For this purpose agency must submit a certificate in their bill that PF

amount has been deducted from the eligible employees and alongwith

employers� contribution has been deposited with R.P.F.C. In support

of this, the agency must furnish the challan/receipt for the payment to

R.P.F.C for the earlier months.

d) If the certificate and the challan/receipt referred to in clause 107.2 (c)

above are not furnished, the Finance and Accounts deptt of NRL will

deduct 16% (sixteen percent) of the amount of the Contractor�s bill

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and retain it as deposits may only be refunded to the Contractor on

production of the Chalan/Receipt.

108.0 CONTRACTOR TO INDEMNIFY THE OWNER:

i) The Contractor shall indemnify the Owner and every member office

and employee of the Owner, also the Engineer-In-Charge and his staff

against all actions, proceedings, claims, demands, costs and expenses

whatsoever arising out of or in connection with the matters referred to

in clause 105.0 and elsewhere and all actions, proceedings, claims,

demands, costs and expenses which may be made against the

OWNER for or in respect of or arising out of any failure by the

CONTRACTOR in the performance of his obligations under the

Contract Documents. The Owner shall not be liable for or in respect

of any demand or compensation payable by law in respect or in

consequence of any accident or injury to any workmen or other

person. In the employment of the Contractor or his Sub-Contractor the

Contractor shall indemnify and keep indemnified the Owner against

all such damages and compensations and against all claims, damages,

proceedings, costs, charges and expenses whatsoever in respect

thereof or in relation thereto.

ii) PAYMENT OF CLAIMS AND DAMAGES:

Should the OWNER have to pay any money in respect of such claims

or demands as aforesaid the amount so paid and the costs incurred by

the OWNER shall be charged to and paid by the CONTRACTOR and

the Contractor shall not be at liberty to dispute or question the right of

the OWNER to make such payments notwithstanding the same may

have been made without the consent or authority or in law or

otherwise to the contrary.

iii) In every case in which by virtue of provisions of Section 12, Sub-

section (i) of workmen�s compensation Act,1923 or other applicable

provision of Workmen Compensation Act or any other Act, the

OWNER is obliged to pay compensation to a workman employed by

the.Contractor in execution of the work, the OWNER will recover

from the Contractor the amount of the compensation so paid, and

without prejudice to the rights of Owner under section 12 subsection 2

of the said Act, OWNER shall be at liberty to recover such amount or

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any part thereof by deducting it from the security deposit or from any

sum due to the Contractor whether under this Contractor otherwise.

The Owner shall not be bound to contest any claim made under

section 12, Sub-Section (i ) of the said Act , except on the written

request of the Contractor and upon his giving to the OWNER full

security for all costs for which the Owner might become liable in

consequence of contesting such claim.

109.0 HEALTH AND SANTARY ARRANGEMENTS FOR WORKERS:

In respect of all labour directly employed in the works for the performance

of the Contractor�s part of his agreement, the Contractor shall comply with

or cause to be complied with all the rules and regulations of the local

sanitary and other authorities or as framed by the Owner from time to time

for the protection of health and sanitary arrangements for all workers.

The Contractor shall provide in the labour colony all amenities such as

electricity, water and other sanitary and health arrangements. The Contractor

shall also provide necessary surface transportation to the place of work and

back to the colony for their personnel accommodated in the labour colony.

110.0 ARBITRATION: clause 110.1 has been modified . Please refer to

Annexure-7 for the same.

110.1 All disputes of difference whatsoever which shall at any time arise between

the parties hereto touching or concerning the works or the execution or

maintenance thereof of this contract or the rights touching or concerning the

works or the execution effect thereof or to be rights or liabilities or the

construction meaning operation or effect thereof or to the rights or liabilities

of the parties or arising out of or in relation thereto whether during or after

completion of the Contract or whether before or after determination,

foreclosure or breach of the contract ( other than those in respect of which

the decision of any person is by the contract express to be final and binding)

shall be endeavor to be amicably settled by the parties in the following

manner:

a) At the first instance by the Engineer-In-Charge.

b) At the second instance by the chief Executive of NRL and

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c) In case party is not satisfied matter will be referred to Indian Council

of Arbitration(ICA) with the following arbitration clause:

�All disputes or deference whatsoever arising between the parties out of or

relating to the construction, meaning and operation or effect of this Contract

or the breach thereof shall be settle by arbitration in accordance with the

rules of arbitration of the Indian Council of Arbitration and the award made

in pursuance thereof shall be binding on the parties�

110.2 FOR THE SETTLEMENT OF DISPUTES BETWEEN

GOVERNMENT DEPARTMENT AND ANOTHER AND ONE

GOVERNMENT DEPARTMENT AND PUBLIC ENTERPRISE AND

ONE PUBLIC ENTERPRISE AND ANOTHER THE ARBITRATION

SHALL BE AS FOLLOWS:

� In the event of any dispute or difference between the parties hereto, such

dispute or difference shall be resolved amicably by mutual consultation or

through the good offices of empowered agencies of the Government. If such

resolution is not possible, then, the unresolved dispute or difference shall be

referred to arbitration of an arbitrator to be nominated by secretary,

department of Legal Affairs (Law Secretary) in terms of the office

Memorandum No. 55/3/1/75-CF,. Dated of 19Th December1975 issued by

the Cabinet Secretariat (Department of Cabinet Affairs), as modified from

the time to time. The Arbitration Act 1940 (10 of 1940) shall not be

applicable to the arbitration under this clause. The award of the Arbitration

shall be binding upon parties to the dispute. Provided, however, any party

aggrieved by such award may make a further reference for setting aside or

revision of the award, to Law Secretary whose decision shall bind the parties

finally and conclusively.

111.0 JURISDICTION: Clause 111 has been modified . please refer to para

(h) of Annexure �7 for the same.

The Contract shall be governed by and construed according to the laws in

force in India. The Contractor hereby submits to the jurisdiction of the

situated at Guwahati for the purpose of disputes, actions and proceedings

arising out of the Contract and the courts at Guwahati only will have the

jurisdiction to hear and decide such disputes, action and proceedings.

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SECTION-IX

SAFETY CODE

112.0 GENERAL:

CONTRACTOR shall adhere to safe construction practice and guard against

hazardous, and un safe working conditions and shall comply with the

owner�s safety rules as set forth herein. Prior to start of construction,

CONTRACTOR will be furnished copies of Owner�s �safety code� for

information and guidance, if it has been prepared.

112.1 FIRST AID AND INDUSTRIAL INJURIES:

i) CONTRACTOR shall maintain first aid facilities for its employees

and those of its SUB-CONTRACTOR.

ii) CONTRACTOR shall make outside arrangement for ambulance

service and for the treatment of industrial injuries. Names of those

providing these services shall be furnished to OWNER prior to start of

construction and their telephone numbers shall be prominently posted

in CONTRACTOR�S field office.

iii) All critical industrial injuries shall be reported promptly to owner, and

a copy of CONTRACTOR�S report covering each personal injury

requiring the attention of a physician shall be furnished to the

OWNER.

113.0 SAFETY REGULATIONS:

i) In respect of all labour, directly or indirectly employed in the work for

the performance of Contractor�s part of this agreement, the Contractor

shall at his own expense arrange for all the safety provisions as per

safety codes of C.P.W.D. Indian Standards Institution, The Electricity

Act, The Mines Act and such other acts as applicable.

ii) The Contractor shall observe and abide by all fire and safety

regulations of the OWNER, Before starting construction work

CONTRACTOR shall consult with OWNER�s safety Engineers or

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Engineer-In-Charge and must make good to the satisfaction of the

OWNER any loss or damage due to fire to any portion of the work

done or to be done under this agreement or to any of the OWNER�s

existing property.

114.0 GENERALS RULES:

Smoking within the battery area, tank farm or dock limits is strictly

prohibited. Violators of the no smoking rules shall be discharged

immediately.

115.0 CONTRACTOR�S BARRICADES:

i) CONTRACTOR shall erect and maintain barricades required in

connection with his operation to guard or protect

a) Excavations.

b) Hoisting Areas.

c) Areas adjudged hazardous by CONTRACTOR�s or OWNER�s

inspections.

d) OWNER�s existing property subjected to damage by

CONTRACTOR�s operations.

e) Rail road unloading spots

ii) CONTRACTOR�s employees and those of his SUB-

CONTRACTOR�s shall become acquainted with Owner�s barricading

practice and shall respect the provisions thereof.

iii) Barricades and hazardous areas adjacent to but not located in normal

routes of travel shall be marked by red flasher lanterns at nights.

116.0 SCAFFOLDING:

i) Suitable scaffoldings should be provided for workmen for all works

that cannot safely be done from the ground or from solid construction

except such short period work as can be done safely from the ladders.

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When a ladder is used and extra Majdoor shall be engaged for holding

the ladder and if the ladder is used for carrying material as well,

suitable footholds and handholds shall be provided on the ladder and

the ladder shall be given an inclination not steeper than 1 in 4 (1

horizontal 4 vertical)

ii) Scaffolding or staging more than 4 meters above the ground or floor,

swing suspended from and overhead support or erected with

stationary support shall have a guard rail properly attached, bolted,

braced and otherwise retarded at least one meter high above the floor

or platform of such scaffolding or staging and extending along the

entire length of the outside and ends thereof with only such opening as

may be necessary for the delivery of materials. Such scaffolding or

staging shall be so fastened as to prevent it from swaying from the

building or structure.

iii) Working platform, gangways and stairways should be so constructed

that they should not sag unduly or un equally and if the height of the

platform of the gangway or the stairway is more than 4 meters above

ground-level or floor level, they should be closely boarded, should

have adequate width and should be suitably fastened as describe in (ii)

above.

iv) Every opening in the floor of a building or in a working platform shall

be provided with suitable means to prevent the fall of persons or

materials by providing suitable fencing or railing whose minimum

height shall be one meter.

v) Safe-means of access shall be provided to all working platforms and

other working places, every ladder shall be securely fixed. No

portable single ladder shall be over 9 meters in length in while the

width between side rails in rung ladder shall no case be less than 30

cms for ladder upto and including 3 meters in length. For longer

ladder this width should be increased atleast 5mm for each additional

foot of length. Uniform steps spacing shall not exceeding

30cms.Adequate precautions shall be taken to prevent danger from

electrical equipment. No materials on any of the sites of work shall be

so stacked or place to cause danger or inconvenience to any person of

public. The CONTRACTOR shall also provide all necessary fencing

and light to protect the workers and staff from accidents and shall be

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bound to bear the expenses of defense to every suit, action or other

proceeding of law that may be brought by any person for injury

sustained owing to neglect of the above precautions and pay any

damages and costs which may be awarded in any such suit or action

or proceeding to any such person or which may with the consent of

the CONTRACTOR be paid to compromise any claim by any such

person.

117.0 EXCAVATION AND TRENCHING:

All trenches 1.2 meters or more in depth shall at all times be supplied with at

least one ladder for each 50 meters length or fraction thereof.

Ladder shall be extended from bottom of the trench to atleast 1 meter above

the surface of the ground. The sides of the trenches which are 1.5 meter s in

depth shall be stepped back to give suitable slope or securely held by timber

bracing, so as to avoid the danger of sides to collapse. The excavated

materials shall not be placed within .1.5 meters of the edge of the trench or

half of the trench width whichever is more. Cutting shall be done from top to

bottom. Under no circumstances

Undermining or undercutting shall be done.

118.0 DEMOLITION/GENERAL SAFETY:

i) Before any demolition worked is commenced and also during the

progress of the demolishing work.

a) All roads and open areas adjacent to the work sites shall either be

closed or suitably protected.

b) No electric cables or apparatus which is liable to be a source of danger

shall remain electrically charged.

c) All practical steps shall be taken to prevent danger to persons

employed from risk of fire or explosion or flooding. No floor, roof or

other part of the building shall be so overloaded with debris or

materials as to render it unsafe.

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ii) All necessary personal safety equipment as considered adequate by

the Engineer-In-Charge should be kept available for the use of the

persons employed on the site and maintained in condition suitable for

immediate use, and the contractor shall take adequate steps to ensure

proper use of equipment by those concerned.

a) Workers employed on mixing asphaltic materials, cement and lime

mortars shall be provided with protective footwear and protective

gloves.

b) Those engaged in white washing and mixing or stacking of cement

begs or any materials which are injurious to the eyes shall be provided

with protective goggles

c) Those engaged in welding and cutting works shall be provided with

protective face and eye-shields, hand gloves etc.

d) Stone breakers shall be provided with protective goggles and

protective clothing, and seated at sufficiently safe intervals.

e) When workers are employed in sewers and manholes, which are in

use, the CONTRACTOR shall ensure that the manhole covers are

opened and are ventilated atleast for an hour before the workers are

allowed to get into the manholes, and the manholes so opened shall be

cordoned off with suitable railing and provide with warning signals or

board to prevent accident to the public.

f) The Contractor shall not employ men below the age of 18 years and

women on the work on painting with products containing lead in any

form. Wherever men above the age of 18 years are employed on the

work of lead painting, the following precautions should be taken.

1) No paint containing lead or lead product shall be used except in the

form of paste or readymade paint.

2) Suitable face masks should be supplied for used by the workers when

paint is applied in the form of spray or a surface having lead paint dry

rubbed and scrapped.

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3) Overalls shall be supplied by the CONTRACTOR to the workmen

and adequate facilities shall be provided to enable the working

painters to wash them during and on cessation of WORK.

iii) When the work is done near any place where there is a risks of

drawing, all necessary safety equipment's should be provided and kept

ready for use and all necessary steps taken for prompt rescue of any

person in danger and adequate provisions should made for prompt

first aid treatment of all injuries likely to be sustained during the

course of the WORK.

iv) Use of hoisting machines and tackles including their attachments,

anchorage and supports shall confirm to the following standards or

conditions:

a) These shall be of good mechanical construction, should materials and

adequate strength and free from patent defect and shall be kept in

good working order.

b) Every rope used in hoisting or lowering materials or as means of

suspension shall be of durable quality and adequate strength and free

from patent defects.

c) Every crane driver or hoisting appliance operator shall be properly

qualified and no person under the age of 21 years should be in charge

of any hoisting machine including any scaffolding, which or give

signal to the operation for.

d) In case of every hoisting machine and of every chain ring hook,

shackle, swivel., and pulley block used in hoisting or lowering or as

means of suspension, the safe working load shall be ascertained by

adequate means. Every hoisting machine and all gears referred to

above shall be plainly marked with the safe working load of the

conditions under which it is applicable which shall be clearly

indicated. No part of any machine or any gear referred to above in this

paragraph shall be load beyond safe working load except for the

purpose of testing.

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e) In case of departmental machine, the safe working load shall be

notified by the ENGINEER-IN-CHARGE. As regards

CONTRACTOR�S machines, the CONTRACTOR shall notify the

safe working load of the machine to the ENGINEER-IN-CHARGE

whenever be brings any machinery to SITE of work and get it verified

by the ENGINEER-IN �CHARGE.

v) Motors, gears, transmission lines, electric writing and other dangerous

parts of hoisting appliances should be provided with the efficient

safeguards. Hoisting appliances should be provided with such means

as to reduce to minimum the accidental descent of the load, adequate

precautions should be taken to reduce the minimum risk of any part or

parts of a suspended load becoming accidentally displaced. When

workers are employed on electrical installations which are already

energised, insulating mats, wearing apparel, such as gloves, sleeves,

and boots as may be necessary should be provided. The workers shall

not wear any rings, watches and carry keys or other materials, which

are good conductors of electricity.

v) All scaffolds ladders and other safety devices mentioned or described

herein shall be maintained in safe conditions and no scaffolds, ladder

or equipment shall be altered or removed while it is in use. Adequate

washing facilities should be provided at or near places of work.

vii) These safety provisions should be brought to the notice of all

concerned by displaying on a notice board at a prominent place at the

work- spot, the person responsible for compliance of the safety code

shall be named therein by the CONTRACTOR.

viii) To ensure effective enforcement of the rules and regulations relating

to safety precautions, the arrangements made by the CONTRACTOR

shall to be open to inspection by the Welfare Officer, ENGINEER-IN-

CHARGE or safety Engineer of the Administration or their

representatives.

ix) Notwithstanding the above clauses there is nothing in these to exempt

the CONTRACTOR for the operation of any other Act or rules in

force in the Republic of India. The WORK though out including any

temporary WORKS shall be carried out in such a manner as not to

interfere in any way whatsoever with the traffic on any roads or

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footpaths at the site or in the vicinity thereto or any existing works

whether the property of the Administration or of a third party.

In addition of the above, the CONTRACTOR shall abide by the safety code

provision as per C.P.W.D. safety code and Indian Standard Safety Code

from time to time.

119.0 CARE IN HANDLING INFLAMMABLE GAS:

The Contractor has to ensure all precautionary measures and exercise utmost

care in handling the inflammable gas cylinder/inflammable liquids/paints

etc. as required under the law and/or as advised by the fire authorities of the

OWNER.

120.0 TEMPORARY COMBUSTIBLE STRUCTURES:

Temporary combustible structures will not be built near or around work site.

121.0 PRECAUTIONS AGAINST FIRE:

The CONTRACTOR will have to provide fire Extinguishers/Fire Buckets

and drums at work site as recommended by ENGINEER-IN-CHARGE.

They will have to ensure all precautionary measures and exercise utmost

care in handling the inflammable gas cylinders/inflammable liquid/ paints

etc. as advised by the ENGINEER-IN-CHARGE. Temporary combustible

structures will not be built near or around the work site.

122.0 EXPLOSIVES:

Explosives shall not be stored or used on the works or on the site by the

CONTRACTOR for without the permission of the ENGINEER-IN �

CHARGE in writing and then only in the manner and to the extent to which

such permission is given. When explosives are required for the works they

will be stored in a special magazine to be provided at the cost of the

CONTRACTOR in accordance with the Explosives Rules. The

CONTRACTOR shall obtain the necessary license for the storage and the

use of explosives and all operation in which or for which explosives are

employed shall be at sole risk and responsibility of the CONTRACTOR and

the CONTRACTOR shall indemnify the OWNER against any loss or

damage resulting directly or in directly therefrom.

Page 106 of 128

123.0 MINES ACT:

123.1 Safety code the CONTRACTOR shall at his own expense arrange for the

safety provisions as required by the ENGINEER-IN-CHARGE in respect of

all labour directly employed for performance of the works and shall provide

all facilities in connection therewith. In case the CONTRACTOR fails to

make arrangements and provide necessary facilities as aforesaid, the

ENGINEER-IN-CHARGE shall be entitled to do so and recover the costs

thereof from the CONTRACTOR.

123.2 Failure to comply with safety Code or the provisions relating to report on

accidents and to grant of maternity benefits to female workers shall make the

CONTRACTOR liable to pay company liquidated damages an amount not

exceeding RS. 50/- for each default or materially incorrect Statement. The

decision of the Engineer-in-charge in such matters based on reports from the

Inspecting Officer or representative of ENGINEER-IN-CHARGE shall be

final and binding and deduction for recovery of such liquidated damages

may be made from any amount payable to the CONTRACTOR from all

provisions of Mines Act, 1952 or any statutory modifications or re-

enactment thereof the time being in force and any Rules & Regulation made

thereunder in respect of all the persons employed by him under this

CONTRACT and shall indemnify the OWNER from and against any claim

under the Mines Act or the rules and regulations frame thereunder by or on

behalf of any persons employed by him or otherwise.

124.0 PRESERVATION OF PLACES:

The CONTRACTOR shall take requisite precautions and use at his best

endeavors to prevent any riotous or unlawful behavior by or amongst his

workmen and others employed on the works and for the preservation of

peace and protection of the inhabitants and Security of property the

neighborhood of the work. In the event of the OWNER requiring the

maintenance of a special police force at or in the vicinity of the site during

the tenture of works, the expenses thereof shall be borne by the

CONTRACTOR and if paid by the OWNER shall be recoverable from the

CONTRACTOR.

125.0 OUT BREAK OF INFECTIOUS DISEASES:

Page 107 of 128

The CONTRACTOR shall remove from his camp such labour and their

families as refuse protective in occultation and vaccination when called upon

to do so by the ENGINEER-IN- CHARGE�s Representative. Should

Cholera, Plague or other infectious diseases break out the CONTRACTOR

shall burn the huts, bedding, clothes and other belongings used by the

infected parties and promptly erect new huts on healthily sites as required by

the ENGINEER-IN-CHARGE failing which within the time specified in the

Engineer�s requisition, the work may be done by the OWNER and the cost

thereof recovered from the CONTRACTOR.

126.0 USE OF INTOXICANTS:

The unauthorised sale of spirits or other intoxicating beverages upon the

work in any of the buildings, encampments or tenements owned, occupied

by or within the control of the CONTRACTOR or any of his employee is

forbidden on the CONTRACTOR shall exercise his influenced and authority

to the utmost extent to secure strict compliance with this condition.

Page 108 of 128

ANNEXURE - I

PROFORMA OF AGREEMENT (ON NON � JUDICIAL PAPER OF APPROPRIATE VALUE)

CONTRACT AGREEMENT FOR THE WORK OF _____________________

________________________________________________________________________

_____________________ DTD_________________ 200�(Two Thousand��.)

Between________________________ ________________________ in the town of

____________________, hereinafter called the "CONTRACTOR" (which term shall unless

excluded by or repugnant to the subject or context include its successors and permitted

assignees) of the one part and the Numaligarh Refinery Limited hereinafter called the "OWNER"

(which term shall, unless excluded by or repugnant to the subject or context include its

successors and assignees) of the other part.

WHEREAS

A. The OWNER being desirous of having provided and executed certain works mentioned,

enumerated or referred to in the tender documents including Letter Inviting Tender General

Tender Notice, General Conditions of CONTRACT, Special Conditions of CONTRACT,

Specifications, Drawings, Plans, Time Schedule of Completion of Jobs, Schedule of Rates,

Agreed Variations, other documents has called for Tender.

B. The CONTRACTOR has inspected the site and surroundings of the works specified in the

tender documents and has satisfied himself by careful examination before submitting his

tender as to the nature of surface, strata, soil, sub - soil and ground, the from and nature of

site and local conditions, the quantities, nature and magnitude of the work, the availability of

labour and materials necessary for the execution of work, the means of access to site, the

supply of power and water there to and the accommodation he may require and has made

local and independent enquiries and obtained complete information as to the matters and

things referred to, or implied in the tender documents or having any connection therewith,

and has considered the nature and extent of all probable and possible situations, delays,

hindrances or interferences to or with the execution and completion of the work to be carried

out under the contract, and has examined and considered all other matters, conditions and

things and probable and possible contingencies, and generally all matters incidental thereto

and ancillary thereof affecting the execution and completion of the work and which might

have influenced him in making his tender.

C. The tender documents including the notice letter, inviting tender, General Conditions of

CONTRACT, Special Conditions of CONTRACT, Schedule of Rates, General obligation,

Specifications, Drawings, Plans, Time schedule of completion of jobs, Letter of Acceptance

of tender and any statement of agreed variations with its enclosures copies of which are

hereto annexed form part of this CONTRACT though separately set out herein and are

included in the expression " CONTRACT" wherever herein used.

Page 109 of 128

AND WHEREAS

The OWNER accepted the Tender of the CONTRACTOR for the provision and the execution of

the said work at the rates stated in the Schedule of Quantities of work and finally approved by

OWNER (hereinafter called the " Schedule of Rates") upon the terms and subjects to the

conditions of CONTRACT.

NOW THIS AGREEMENT WITNESSETH & IT IS HEREBY AGREED AND DECLARED

AS FOLLOWS :

1. In consideration of the payment to be made to the CONTRACTOR for the work to be

executed by him, the CONTRACTOR hereby covenants with the OWNER that, the

CONTRACTOR shall and will duly provide, execute and complete the said works and shall

do and perform all other acts and things in the CONTRACT mentioned or described or which

are to be implied there from or may be reasonably necessary for the completion of the said

works and at the said times and in the manner and subject to the terms and conditions or

stipulations mentioned in the CONTRACT.

2. In consideration of the due provision execution and completion of the said works, the

OWNER does hereby agree with the CONTRACTOR that the OWNER will pay to the

CONTRACTOR the respective amounts for the work actually done by him and approved by

the OWNER at the Schedule of Rates and such other sum payable to the CONTRACTOR

under provision of CONTRACT, such payment to be made at such time in such manner as

provided for in the CONTRACT.

AND

3. In consideration of the provision, execution and completion of the said works the

CONTRACTOR does hereby agree to pay such sums as may be due to the OWNER for the

services rendered by the OWNER TO THE CONTRACTOR, such as power supply, water

supply and other as set for in the said CONTRACT and such other sums as may become

payable to the OWNER towards the controlled items of consumable materials or towards

loss, damage to the OWNER's equipment, materials construction plant and machinery, such

payments to be made at such time and in such manner as is provided in the CONTRACT.

It is specifically and distinctly understood and agreed between the OWNER and the

CONTRACTOR that the CONTRACTOR shall have no right, title or interest in the site made

available by the OWNER for execution of the works or in the building, structures or works

executed on the said site by the CONTRACTOR or in the goods, articles, materials, etc. brought

on the said site (unless the same specifically belongs to the CONTRACTOR) and the

CONTRACTOR shall not have or deemed to have any lien whatever charge for unpaid bills will

not be entitled to assume or retain possession or control of the site or structures and the OWNER

shall have an absolute and unfetted right to take full possession of site and to remove the

CONTRACTOR, their servants, agents and materials belonging to the CONTRACTOR and

lying on the site.

Page 110 of 128

The CONTRACTOR shall be allowed to enter upon the site for execution of the works only as a

licensee simpliciter and shall not have any claim, right, title or interest in the site or the structures

erected there on and the OWNER shall be entitled to terminate such licence at any time without

assigning any reason.

The materials including sand, gravel, stone loose earth, rock, etc. dug up or excavated from the

said site shall, unless otherwise expressly agreed under this CONTRACT, exclusively belong to

the OWNER and the CONTRACTOR shall have no right to claim over the same and such

excavation and materials should be disposed off on account of the OWNER according to the

instruction in writing issued from time to time by the ENGINEER-IN-CHARGE.

In Witness whereof the parties have executed these presents in the day and the year first above

written.

Signed and Delivered for and on behalf Signed and Delivered for and on

of OWNER Numaligarh Refinery Ltd. behalf of CONTRACTORS.

____________________________ __________________________

____________________________ __________________________

Date _______________________ Date ______________________

Place _______________________ Place ______________________

IN PRESENCE OF TWO WITNESSES

1.

2.

Page 111 of 128

ANNEXURE-II

PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

(To be stamped in accordance with the stamp Act)

Ref��.. Bank Guarantee No��.

To,

Numaligarh Refinery Ltd.

Tarun Nagar, 4 Th Road,

Guwahati 781005

Dear Sir (s)

In accordance with letter inviting Tender under reference

No��M/S��

��having their Registered / Head office

at��.(hereinafter called the Tenderer)

wish to participate in the side tender

for��.

As an irrevocable bank Guarantee against Earnest Money Deposit for an amount of

��.is required to be submitted by the Tenderer as a condition precedent for

participation in the said Tender which amount is liable to be forfeited on the happening of any

contingencies mentioned in the Tender Document.

We, the��Bank at ��..

Having our Head office��

(Local Address) guarantees and undertakes to pay immediately on demand by Numaligarh

Refinery Ltd. The

amount��..Without any reservation, protest, demur and

recourse. Any such demand made by Numaligarh Refinery Ltd. shall be conclusive and binding

on us irrespective of any dispute or difference raised by the Tendered.

This guarantee shall be irrevocable and shall remain valid up

to��

(this date should be 180 days after the date finally set out for closing of tender) If any further

extension of this guarantee is required, the same shall be extended to such required period on

receiving instructions from M/S��on

whose behalf this guarantee is issued.

In witness where of the Bank, through its authorized officer, has set its hand stamp on

this��Day of��.19��at��

Page 112 of 128

WITNESS: (SIGNATURE NAME)

(SIGNATURE NAME) Designation with Bank Stamp

Attorney as per

(OFFICIAL ADDRESS) Power of Attorney No��..

Date��

***********************************

Page 113 of 128

ANNEXURE-III

PROFORMA OF BANK GURANTEE FOR SECURITY DEPOSIT

(ON NON � JUDICIAL PAPER OF APPROPRIATE VALUE)

To

Numaligarh Refinery Ltd.

Lotus Tower, GS Road, Ganeshguri

Guwahati �781005

Dear Sirs:

M/s ��.. Have taken tender for the work of �

�...��.. for Numaligarh Refinery Limited, Lotus Tower, GS Road, Ghy-5.

The tender conditions of contract provide that the Contractor shall pay a sum of

Rs��.� (Rupees ��) as initial/full security Deposit in

the form there in mentioned. The form of payment of security deposit includes guarantee

executed by Nationalized Schedule �A� Bank, undertaking full responsibility to

indemnify Numaligarh Refinery Ltd. in case of default.

The said ��. has approached us and at their request and in

consideration of the premises we having our office at ��. have agreed to give

such guarantee as hereinafter mentioned.

1. We hereby undertake and agree with you that if default shall be made by

M/s�� in performing any of the terms and condition of the tender or in

payment of any money payable to Numaligarh Refinery Ltd. We shall on demand

pay to you in such manner as you direct the said amount of Rupees �� only or

such portion thereof not exceeding the said sum as you from time to time require.

2. You will have the full liberty without reference to us and without affecting this

guarantee postpone for any time or from time to time the exercise of any of the

powers and rights conferred on you under the contract with the said

��. and to enforce or to forebear from endorsing any powers

or rights or by reason of time being given to said �� which under law

relating to the sureties would but for provision have the effect of releasing us.

Page 114 of 128

3. Your right to recover the said sum of Rs. ��.. (Rupees

��.) from us in manner aforesaid will not be affected or

suspended by reason of the fact that any dispute or disputes have been raised by

the said M/s ��. and /or that any dispute or disputes are pending

before any officer, tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the

liquidation or winding up dissolution or changes of constitution or insolvency of

the said, but shall in all respects and for all purposes be binding and operative until

payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to (Rupees. ��).

Our guarantee shall remain in force until ��.. unless a

suit or action to enforce a claim under Guarantee is filled against us within six

months from �� (Which is date of expiry of guarantee) all your rights

under the said guarantee shall be forfeited and we shall be relived and discharged

from all liabilities thereunder.

6. We have power to issue this guarantee in your favour under Memorandum and

Articles of Association and the undersigned has full power to do under the power

of Attorney dated ��. granted to him by the Bank.

Yours faithfully,

_____________ Bank

By its Constituted Attorney

Signature of a person duly

Authorized to sign on behalf

Of the Bank.

Page 115 of 128

ANNEXURE-IV

GUARANTEE AGAINST ADVANCE PAYMENT

This deed of guarantee made this �� day of �. ��..

between ��.. and wherever the context so required includes its

successors and assignees hereinafter called "the surety" and Numaligarh Refinery Ltd. an

existing company within the companies Act 1956, having its Registered office at Lotus Tower,

Ganesguri, Guwahati- 781005 and wherever the context so required includes its successors and

assignees, herein after called "the Owner".

Whereas M/s ��..a company registered under the

companies Act 0f 1956 having its registered office at

�� (wherever applicable) and wherever the

context so requires includes its successors and assignees, hereinafter called "The Contractor"

has undertaken to ��.. ��.. on the terms and conditions mentioned

in the

(a) Letter of Intent No ��.dated �� ...

OR/AND

(b) Agreement No �� dated ��. Referred to as

"the said contract".

And whereas the Owner has agreed to make an advance of Rs�� (Rupees

��) being ��..% value of the contract on

......................................... as provided in the contract as the said advance to the contractor

carrying no interest.

AND WHEREAS the contractor has agreed with the owner authorizing him to deduct the said

advance under the terms of the said contract from the amount that becomes due and payable to

contractor as per the terms and conditions described under the clause "Terms and Conditions of

payment" of the contract on proper execution of the contract.

Now this deed witness that in consideration of the said advance or any balance thereof made by

the owner to the contractor, the surety hereby GUARANIEES the payment of the said advance

by the contractor, and undertakes to pay the owner on demand the said sum of RS.

��.. subject to the following condition.

(a) "Surety hereby gives an irrevocable guarantee and declares that its liability under this

bond shall extend to the payment of the whole of amount viz. RS. �� paid

as advance as provided for the contract as the said advance."

(b) This Guarantee shall remain in force and effect so long as the said advance of any part

thereof remains outstanding and shall expire and become ineffectual only after the

Page 116 of 128

recovery of the entire sum of Rs. ��. covered by the Guarantee and upon intimation thereof being given by the owner to the surety in which event, the surety shall

be discharged by the owner.

(c) The surety shall not be discharged or released from the guarantee by any arrangement

made between the owner and the contractor with or without the consent of the surety or

by any alternation in the obligation of the parties or by any indulgence, forbearance, whether as to payment, time performance of otherwise.

(d) The Guarantee shall come into force from the date contractor receives from the owner the

said advance.

(e) Notwithstanding anything stated above, the liability of the surety under the guarantee is restricted to Rs. �� (Rupees. ��. ��.) and this guarantee will remain in force up to in the first instance. Further unless a claim or Demand is made against the Surety within six months from the date of expiry of this guarantee viz. �. ��.. all rights of the owner under this guarantee shall be forfeited and the surety shall be released and discharged from all liability hereunder unless this guarantee shall have been previously extended. However if the contract for which this guarantee is given is not completed or fully performed, the surety (Bank) hereby agrees to further extend the Guarantee till such time as is required to fulfil the contract.

Page 117 of 128

ANNEXURE-V

INDENTURE FOR SECURED ADVANCES

THIS INDENTURE made the........................................... day of.............199

between.......................................................................................(hereinafter called the contractor

which expression shall where the context so admits or implies be deemed to include his

executors, administrator and the assignees) of one part and Numaligarh Refinery Ltd,

(hereinafter called the Numaligarh Refinery Limited which expression shall where the context so

admits or implies be deemed to include its successors in office and assignees) of other part.

WHEREAS BY an Agreement No..................................................

dated............................(hereinafter called the said agreement) the contractor has

agreed............................................ and WHEREAS the contractor has applied to the Numaligarh

Refinery Limited that he may be allowed advances on the security of materials absolutely

belonging to him and brought by him to site of the works, the subject of the said agreement for

use in the construction of such of the works as he has undertaken to execute at rates fixed for the

finished work (inclusive of the cost of materials and labour and other charges) and whereas the

Numaligarh Refinery Limited has agreed to advance to the contractor an amount upto

Rs......................(Rupees..................................................only) on the security of the quantities and

other particulars of the materials on the security of which the advance or advances are made as

detailed in the secured advance account forming account bill preferred from time to time and

signed by the contractor for the said works.

NOW THIS INDENTURE WITNESS that in pursuance of the said agreement and in

consideration of amounts aggregating to the sum of

Rs.......................(Rupees...................................................................................only) on or after the

execution of these presents paid to the Numaligarh Refinery Limited. (The receipt where of the

Contractor hereby acknowledge) contractor both hereby covenent and agreewith the Numaligarh

Refinery Limited and declare as follows:

1. That the said sum aggregating.................(Rupees................................only) so advanced

by the Numaligarh Refinery Limited to Contractor as aforesaid shall be employed by the

Contractor in or towards expediting the execution of the said works and for no other

purpose whatsoever.

2. That the materials detailed in the said Running Account Bills which have been offered to

and accepted by the Numaligarh Refinery Limited as Security are absolutely the

Contractor�s own property, and free from encumbrances of any kinds and the contractor

hereby agrees to indemnify the Numaligarh Refinery Limited against all claims to any

materials in respect of which an advance has been made to him as aforesaid.

3. That the materials detailed in the said Running Account Bills (hereinafter called the said

materials) shall be used by the Contractor solely for the execution of the said works in

accordance with the directions of the Engineer-in-charge and in terms of the said

agreement.

Page 118 of 128

4. That the contractor shall make at his own cost all necessary and adequate arrangements

for the proper watch, safe custody and protection against all risk of the said materials and

that until used in construction as aforesaid the said materials shall remain at the site of the

said works in the Contractors custody and on his own responsibility and shall at all times

be open to inspection by the event of the said materials or any part thereof being stolen,

destroyed or damaged the contractor will forthwith replace the same with other materials

of like quality or repair and make good the same as required by the Engineer- in �charge.

5. That the said materials shall not on any account be removed from the site of the said

works except with the written permission of the Engineer- in �charge or an officer

authorised by him on that behalf.

6. That the advanced shall be repayable in full when or before the Contractor receives

payment from the Numaligarh Refinery Ltd. of the price payable of him or the said works

under the terms and the provision of the said agreement provided that if any intermediate

payments are made to the contractor on account of work done then the occasion of each

such payments the Numaligarh Refinery Ltd. will be at liberty to make recovery from the

contractors bill for such payment by deducting there from the value of the said materials

then actually used in the conclusion and in respect of which recovery has not been made

previously the value for this purpose being determined in respect of each description of

materials at the rates at which the amounts of the advances made under these presents

were calculated.

7. That if the contractor shall at any time make any default in the performance or

observance in any of the terms and provision of the said agreement the total amount of

the advance or advances that may still be owing in the Numaligarh Refinery Ltd. together

with the interest thereon at eighteen(18) percent per annum from the date or respective

dates of such advance or advances to the dates of repayment will with all costs, charges,

damages and expenses incurred by the Numaligarh Refinery Ltd. in the recovery thereof

the security or otherwise by reason of the default of the contractor hereby convenants and

agrees with the Numaligarh Refinery Ltd. to repay and pay the same respectively to him

accordingly.

8. That the contractor hereby gives charge of all the said materials for the repayment to the

Numaligarh Refinery Ltd. of the said sum aggregating to

Rs��(Rupees��.. only) and

all costs, charges, damages and expenses payable under these presents PROVIDED

ALLWAYS AND it is hereby agreed and declared that notwithstanding anything in the

said agreement and without prejudice to the powers contained therein if and when ever

the money owing shall not be paid in accordance herewith, the Numaligarh Refinery Ltd.

may at any time thereafter adopt all or any of the following courses as it may deem best.

a) Seize and utilise the said materials or any part thereof in the completion of the

said works on behalf of the contractor is accordance with the provision in that

behalf contained in the said agreement debiting the contractor with the actual

Page 119 of 128

cost of effecting such completion and the amount due in respect of advances

under these presents and crediting the contractor with the value of work done

as if he had carried it out in accordance with the said agreement and the rates

thereby provided. If the balance is against the Contractor he is to pay the same

to Numaligarh Refinery Ltd. on demand.

b) Remove and sell by the public auction the seized materials or any part thereof

and out of the money arising from the sales retain all the sums aforesaid

repayble to the Numaligarh Refinery Ltd. under these presents and pay over

the surplus (if any) to the contractor.

c) Deduct all or any part of the money owing out of the security deposits or any

due sum to the Contractor under the said agreement.

9. That in event of any conflict between the provisions of these presents and the said

agreement the provisions of the said agreement shall prevail and in the event of any

dispute or difference arising over the construction or effect of these presents the

settlement of which has not been herein before expressly provided for, the same shall be

referred to arbitration as provided in the said agreement.

IN WITNESS WHEREOF .......................................��. and

Numaligarh Refinery Ltd by the order and under the directions of the Numaligarh Refinery Ltd

have herein to set their respective hands the day and year first above written.

Signed, scaled and delivered Signature :

By the said Contractor in the

Presence of Name :

Address :

Witness:

Signed by the order and direction Signature :

Of the Numaligarh Refinery Ltd

In the presence of Name :

Page 120 of 128

Address :

Witeness:

Page 121 of 128

ANNEXURE-VI TO,

M/s Numaligarh Refinery Limited,

4th

Road, Tarun Nagar,

Guwahati- 781005.

Sub : COMPOSITE BANK GUARANTEE FOR

ADVANCE AND SECURITY DEPOSIT.

THIS UNDERTAKING made this �� day of

��. by ��. (herein after called the �Bank� which expression shall

include its successors and assigns) in favour in NUMALIGARH REFINERY LTD. 4 th ROAD, TARUN NAGAR,

GUWAHATI � 781005, ASSAM (herein after called the �OWNER� which expression shall include its successors

and assigns).

WHEREAS NUMALIGARH REFINERY LIMITED a Govt. of India Enterprise,

�� , 4 th Road, Tarun Nagar, Guwahati � 781005,Assam (hereinafter called the

�OWNER� which expression shall include its/ his/ their successors and assigns / executors,

administrators, representatives and assigns) has been awarded in contract in terms, inter-alia, of

the Owner�s letter of Work order Number ��. Dtd

��..for executing the (job) �� for ��.. at a total

value of Rs ��. To M/S �� (herein after called the �Said

Contract� which expression shall include any formal contract entered into subsequence thereto or

in suppression thereof and all modifications to an amendments in the said contract):

AND WHEREAS the Owner agreed to advanced the Contractor a

��(Rupees ��. only) for utilization for the

performance of the work covered by the said contract (Hereinafter referred to as the �said

advance� which expression shall include any and all further advance made by the Owner to the

Contractor with reference to the said contract) on production of an undertaking from a Bank in

respect of the said advance shall without prejudice to any other mode of recovery available to the

Corporation be recoverable by deduction from the gross accepted value of the Running Account

Bills and Final Bill of the Contractor Commencing with the First Running Account Bill.

AND WHEREAS the Contractor is also required to furnish an undertaking from a Bank

in lieu of deposit of 10 % of the value of the Contract towards security deposit (hereinafter

referred to as the �Security Deposit�) valid till the end of the defect liability period as specified

in the said contract.

AND WHEREAS the Owner has agreed to accept the single undertaking from a Bank to cover

both the said advance and the Security Deposit in the name & style of �Composite Bank

guarantee�.

Page 122 of 128

NOW, THEREFORE, in consideration of premises a foregoing and at the request of the

Contractor, the Bank hereby irrevocably and unconditionally undertakes to pay to the owner at

Guwahati forthwith on first demand without protest or demur or proof or condition any and all

amounts demanded by the owner in writing from the Bank with reference to this undertaking up

to an aggregate limit of Rs�� (Rupees ��..

only).

And the bank doth hereby further agree as follows :-

I. The owner shall have the fullest liberty without reference to the Bank and without

affecting in any way the liability of the Bank under this undertaking, at any time and / or

from time to time to anywise vary the said contract and / or any of the terms and

conditions thereof the said advance and / or to extend time for performance of the said

contract and /or payment of the said advance in whole or part or to postpone for any time

and /or from time to time any of the said obligations of the contractor and either to

enforce or for bear from enforcing any of the terms and conditions of or governing the

said contract and / or the said Advance, or the securities, if any, or any of them available

to the Owner and the bank shall not be released from its liability under this presents and

the liability of the Bank shall remain in full force and effect with notwithstanding any

exercise by the Owner of the liberty with reference to any or all the matters aforesaid or

by reason of time being given to the contractor or any other forbearance or omission on

the part of the owner or any indulgence, by the owner to the contractor or of any other act

, matter or thing whatsoever which under any law could (but for this provision) have the

effect of releasing the Bank from its liability hereunder or any part thereof.

II. It shall not be necessary for the Owner to proceed against the Contractor before

proceeding against the Bank and the undertaking herein contain shall be enforceable

against the bank as Principal debtor notwithstanding the existence of any security for any

indebtedness of the Contractor to the Owner (including relative to the said advance or for

the Security Deposit) and not with standing that any such security shall at the time when

claims is made against the Bank or Proceedings taken against the Bank hereunder, be

outstanding or unrealised.

III. As between the Bank and the Owner for the purpose of this undertaking the amount

claimed or demanded by the Owner from the Bank with reference to this undertaking

shall be final and binding upon the bank as to the amount payable by the Bank to the

Owner hereunder.

IV. The liability of the Bank to the Owner under this undertaking shall remain in full force

and effect notwithstanding the existence of difference or dispute between the Contractor

and the Owner, The Contractor and the Bank and / or the Bank and the Owner or

otherwise howsoever touching or affecting these presents or the liability of the Contractor

to the Owner, and notwithstanding the existence of any instructions or purported

instructions by the contractor or any other person to the Bank not to pay or for any cause

with hold or defer payment to the Corporation under these presents, with the intent that

notwithstanding the existence of such difference, dispute or instruction, the Bank shall be

and remain liable to make payment to the Owner in terms hereof.

Page 123 of 128

V. This undertaking shall not be affected by any change in our constitution or that of the

Contractor or the Owner or any irregularity in the exercise of borrowing powers by or on

behalf of the Contractor.

VI. This undertaking shall be valid for all claims / demands made by the Owner to or upon us

upto ��.. provided that the Bank shall upon the written

request of the Contractor extended this guarantee by a further period.

VII. The bank doth hereby declare that Shri ��.. who is the ��

(designation) of the Bank is authorised to sign this undertaking on behalf of the Bank and

to bind the Bank thereby.

VIII. The Bank hereby agrees not to revoke the Bank guarantee during its currency except with

the previous consent of the Owner, in writing.

IX. The Bank Guarantee is enforceable in the courts having jurisdiction over Guwahati,

(Assam) only.

X. Not withstanding anything contained herein above our liability under this Guarantee is

restricted to Rs��.. (Rupees �� ) only and it shall

remain inforce upto & including ��.. (date) unless a claim under this

guarantee is made on or before ��. (date). All your rights under the said

guarantee shall be forfeited and we shall be released & discharged from all liability there

under, our undertaking shall commence from the date of execution.

Yours faithfully,

For and on behalf of the Bank

Name ��

Designation ��..

Seal

Page 124 of 128

ANNEXURE - VII

MODIFICATION OF GENERAL CONDITIONS OF CONTRACT

The following clauses of GCC are modified to the extent as mentioned below :

Sl. No Clause No Item Modification

1. (Clause no. 2.3) Water Supply The Clause is modified to the extent as mentioned belo

Water shall be �Free Issue�.

2. (Clause no. 2.4.1) Power Supply The Clause is modified to the extent as mentioned belo

Power / Electricity Charges: Rs. 4.95 (Rupees fou

KWH.

3. (Clause no. 6.1) Earnest Money

Deposit

The Clause is modified to the extent as mentioned belo

The Earnest Money Deposit shall be in favour of

Numaligarh.

4. (Clause no. 21.0) Force Majeure

Clause

The following sentence shall be added to the clause

The CONTRACTOR shall keep records of the

failure of performance and bring this to the notic

immediately on such occurrences.

5.

(Clause no. 24.0) CONTRACTOR

to obtain his own

information

The following para shall be added to the clause

The CONTRACTOR�s attention is drawn towards var

for use of Forest Products like sand, stone, timber etc

the Government of Assam. The CONTRACTOR wil

from the local District Forest Officer after payment of

owner shall facilitate the CONTRACTOR by way

Government Agencies in order to enable the CONTRA

payment of royalty.

6. (Clause no. 25.0) Security Deposit The following para shall be added to the clause :

Mobilisation advance may be paid against a

equivalent amount to cover Mobilisation advanc

7.5% against security deposit, provided initia

amount of the contract value is furnished. Such

per format enclosed as Annexure -6 to GCC.

7. (Clause no. 28.0) Extension of

Time


Until a final decision is taken by the ow

CONTRACTOR for extension of time on any gr

may be given by Engineer-in-charge in order t

prejudice towards the rights, claims, contentions

the CONTRACTOR as per terms of the contract.

decided by the engineer-in-charge) for delay sha

extension period and the amount shall be recov

Bills and other bills & dues of the CONTRACTO

Page 125 of 128

8. Clause no. 29.1) Compensation

for Delay


Liquidated damage for delay in completion shal

thereof on the amount of the contract value for e

10% of the contract value.

9. Clause no. 106.0) Labour Laws The following para shall be added to the clause :

The CONTRACTOR will comply with the pr

indemnify the company against all claims, whi

Acts, & Rules framed thereunder:

i) The Contract Labour (Regulation and Abo

ii) The Minimum Wages Act.

iii) The Workman's Compensation Act.

iv) The Payment of Wages Act,

v) The Payment of Bonus Act,

vi) The Employees Provident Fund & Misc. P

vii) Family Pension Scheme,

viii) Inter State Migrant Workmen (Regulation

Condition of Service) Act,

or any other acts or statute not hereinabove specifical

engagement of workers directly or indirectly for exec

10. (Clause no. 110.0 ) Arbitration

Clause

The Arbitration clause as appearing in the GCC shall b

� a) Any dispute or difference of any nature w

counter-claim or set off of the Company

regarding any right, liability, act, omission

hereto arising out of or in relation to his agr

Arbitration of the Managing Director of the

Company who shall be nominated by

CONTRACTOR will not be entitled to

arbitrator on the ground that the arbitrator i

he has dealt with the matters to which the c

of his duties as an Officer of the Company

any other matters in dispute or difference

whom the matter is originally referred, bein

or being unable to act for any reason, the M

time of such transfer, vacation of office or i

of the Managing Director designate anot

accordance with the terms of the agreem

original Arbitrator shall be entitled to conti

withstanding his transfer or vacation or offi

the Managing Director does not designate a

such transfer, vacation of office or inab

persons shall be entitled to proceed with th

it was left by his predecessor. It is also a t

other than the Managing Director or a per

Director of the Company as aforesaid shal

Page 126 of 128

award of the arbitrator so appointed shall be

parties to the agreement subject to the prov

or any statutory modification or re-enact

thereunder for the time being in force shall

under this clause.

b) The award shall be made in writing and pub

years after entering upon the reference o

exceeding further twelve months as to sole

his own hands appoint. The parties hereto s

given their consent to the Arbitrator to mak

period referred to hereinabove and shall no

or protest thereto under any circumstances w

c) The arbitrator shall have power to order and

by, observe and perform all such directio

having regard to the matters in differen

arbitrator shall have all summary powers an

/ or documentary, as the arbitrator in his ab

be entitled to exercise all powers under th

admission of any affidavit as evidence conc

dispute before him.

d) The parties against whom the arbitration proc

to say, the Respondents in the proceedings,

claim, counter-claim or set off before the Ar

issue arising out of or in relation to the Ag

reference of arbitration to the Managing Dir

or set off before the Arbitrator shall be ent

same as if the matters arising therefrom has

deemed to form part of the reference made b

e) The arbitrator shall be at liberty to appoin

engineering or other technical person to assis

taken.

f) The arbitrator shall have power to make one

otherwise in respect of the dispute and di

entitled to make separate awards in respect

parties.

d) The arbitrator shall be entitled to direct any o

the other party in such manner and to such

discretion determine and shall also be entitled

deposit funds in such proportion to meet the ar

upon to do so.

Page 127 of 128

h) The parties hereby agree that the courts in the

jurisdiction to entertain any application or

anything arising under this agreement and any

Arbitrator hereunder shall be filed in the conc

only�.

11. Clause no. 111.0) Jurisdiction The Clause is modified to the extent as mentioned belo

All disputes, actions and proceedings arising out

jurisdictions of the courts in the city of Golaghat

12. Annexure 2,3,4&6 Proforma for

Bank Guarantee

The Annexures are modified to the extent as mentioned

The addressee of the Bank Guarantee shall be

Numaligarh Refinery Limited,

Numaligarh Refinery Complex,

Dist. : Golaghat,

Assam,

Pin � 785 699

The address of the Registered Office of Numa

as follows :


147, Udayan, RG Baruah Road

Guwahati � 781 005

Page 128 of 128

ANNUXERE-1PROFORMA OF AGREEMENT

A G R E E M E N T

CONTRACT AGREEMENT FOR THE WORK OF ………………………………… ………………..…………………………. ………………………………………. …………….. Dtd.……………….……, 2006 (Two

Thousand Six) BETWEEN M/s …………………………………………..…………………………………, in the town of

………………………………… hereinafter called the “CONTRACTOR” (which term shall unless excluded by or repugnant tothe subject or context include its successors and permitted assignees) of the one part and the NUMALIGARH REFINERYLIMITED, hereinafter called the “OWNER” (which term shall, unless excluded by or repugnant to the subject or context include itssuccessors and assignees) of the other part.

WHEREAS

The OWNER being desirous of having provided and executed certain works mentioned, enumerated or referred to in the tenderdocuments including Letter Inviting Tender General Tender Notice, General Conditions of CONTRACT, Special Conditions ofCONTRACT, Specifications, Drawings, Plans, Time Schedule of Completion of Jobs, Schedule of Rates, Agreed Variations, otherdocuments has called for Tender.

The CONTRACTOR has inspected the site and surroundings of the works specified in the tender documents and has satisfiedhimself by careful examination before submitting his tender as to the nature of the surface, strata, soil, sub-soil and ground, the formand nature of site and local conditions, the quantities, nature and magnitude of the work, the availability of labour and materialsnecessary for the execution of work, the means of access to site, the supply of power and water thereto and the accommodation hemay require and has made local and independent enquiries and obtained complete information as to the matters and thingsreferred to, or implied in the tender documents or having any connection therewith, and has considered the nature and extent of allprobable and possible situations, delays, hindrances or interference to or with the execution and completion of the work to becarried out under the CONTRACT, and has examined and considered all other matters, conditions and things and probable andpossible contingencies, and generally all matters incidental thereto and ancillary thereof affecting the execution and completion ofthe work and which might have influenced him in making his tender.

The tender documents including the notice letter inviting tender, general conditions of CONTRACT, special conditions ofCONTRACT, schedule of rates, general obligations, specifications, drawings, plans, time schedule of completion of jobs, letter ofacceptance of tender and any statement of agreed variations with its enclosures copies of which are hereto annexed form part ofthis CONTRACT though separately set out herein and are included in the expression “CONTRACT” wherever herein used.

AND WHEREAS

The OWNER accepted the Tender of the CONTRACTOR for the provision and the execution of the said work at the rates stated inthe Schedule of Quantities of work and finally approved by OWNER (hereinafter called the “Schedule of Rates”) upon the terms andsubject to the conditions of CONTRACT.

NOW THIS AGREEMENT WITNESSTH & IT IS HEREBY AGREED AND DECLARED AS FOLLOWS :In consideration of the payment to be made to the CONTRACTOR for the work to be executed by him, the CONTRACTOR herebycovenants with the OWNER that, the CONTRACTOR shall and will duly provide, execute and complete the said works and shall doand perform all other acts and things in the CONTRACT mentioned or described or which are to be implied there from or may bereasonably necessary for the completion of the said works and at the said times and in the manner and subject to the terms andconditions or stipulations mentioned in the CONTRACT.

In consideration of the due provision execution and completion of the said works, the OWNER does hereby agree with theCONTRACTOR that the OWNER will pay to the CONTRACTOR the respective amounts for the work actually done by him and

approved by the OWNER at the Schedule of Rates and such other sum payable to the CONTRACTOR under provision ofCONTRACT, such payment to be made at such time in such manner as provided for in the CONTRACT.

A N DIn consideration of the due provision, execution and completion of the said works the CONTRACTOR does hereby agree to paysuch sums as may be due to the OWNER for the services rendered by the OWNER to the CONTRACTOR, such as power supply,water supply and others as set for in the said CONTRACT and such other sums as may become payable to the OWNER towardsthe controlled items of consumable materials or towards loss, damage to the OWNER’s equipment, materials construction plant andmachinery, such payments to be made at such time and in such manner as is provided in the CONTRACT.

It is specifically and distinctly understood and agreed between the OWNER and the CONTRACTOR that the CONTRACTOR shallhave no right, title or interest in the site made available by the OWNER for execution of the works or in the building, structures orworks executed on the said site by the CONTRACTOR or in the goods, articles, materials etc. brought on the said site (unless thesame specifically belongs to the CONTRACTOR) and the CONTRACTOR shall not have or deemed to have any lien whatevercharge for unpaid bills will not be entitled to assume or retain possession or control of the site or structures and the OWNER shallhave an absolute and unfettered right to take full possession of site and to remove the CONTRACTOR, their servants, agents andmaterials belonging to the CONTRACTOR and lying on the site.

The CONTRACTOR shall be allowed to enter upon the site for execution of the works only as a licensee simpliciter and shall nothave any claim, right, title or interest in the site or the structures erected thereon and the OWNER shall be entitled to terminate suchlicence at any time without assigning any reason.

The materials including sand, gravel, stone, loose earth, rock etc., dug up or excavated from the said site shall, unless otherwiseexpressly agreed under this CONTRACT, exclusively belong to the OWNER and the CONTRACTOR shall have no right to claimover the same and such excavation and materials should be disposed off on account of the OWNER according to the instruction inwriting issued from time to time by the ENGINEER-IN-CHARGE.

In Witness whereof the parties have executed these presents in the day and the year first above written.

Signed and Delivered for & Signed and Delivered for &on behalf of OWNER, on behalf of CONTRACTOR,Numaligarh Refinery Limited M/s

……………………………… ………………………………….

……………………………… ………………………………….Date : Date :Place : NUMALIGARH Place : NUMALIGARHIN PRESENCE OF TWO WITNESSES

ANNEXURE-2

PROFORMA FOR BANK GUARANTEE FOR EAENEST MONEY DEPOSIT

Ref………………………… Bank Gurantee No…………….

To,Numaligarh Refinery Ltd.Tarun Nagar, 4th Road,Guwahati-781005

Dear Sir (s)

In accordance with letter inviting Tender under your reference No……………………… M/s………………………………………………………………having their Registered/Head office at ………………….…………………..(hereinafter called the Tender) wish to participate in the said tender for ………………………………..

As an irrevocable bank Gurantee against Earnest Money Deposit for an amount of …….. is required to be submittedby the Tenderer as a condition precedent for participation in the said Tender which amount is liable to be forfeited onthe happening of any contingencies mentioned in the Tender Document.

We, the …………………………….Bank at ……………………………………………… having our Head office……………………………………………………………………. (Local Address) guarantee and undertake to payimmediately on demand by Numaligarh Refinery Ltd. the amount ………………………………………without anyreservation, protest, demur and recourse. Any such demand made by Numaligarh Refinery Ltd. shall be conclusiveand binding on us irrespective of any dispute or difference raised by the Tenderer.

This gurantee shall be irrevocable and shall remain valid up to …………………………... (this date should be 180 days( One hundred & eighty days ) after the date finally set out for closing of tender.) If any further extension of thisguarantee is required, the same shall be extended to such required period on receiving instructions from M/s………………… ……………………………on whose behalf this guarantee is issued.

In witness where of the Bank, through its authorized officer, has set its hand stamp on this ……………………….day of………. ………………..20…………………at ……… …………………

WITNESS:(SIGNATURE) (SIGNATURE)(NAME) (NAME) Designation with Bank Stamp(OFFICAL ADDRESS) Attorney as per Power of Attorney No…………… Date. ……………………….

Annexure -3

PROFORMA OF BANK GURANTEE FOR SECURITY DEPOSIT(ON NON – JUDICIAL PAPER OF APPROPRIATE VALUE)

To

Numaligarh Refinery Ltd.Lotus Tower, GS Road, Ganeshguri

Guwahati –781005

Dear Sirs:

M/s ………………………………….. Have taken tender for the work of … …...………….. for Numaligarh RefineryLimited, Lotus Tower, GS Road, Ghy-5.

The tender conditions of contract provide that the Contractor shall pay a sum of Rs……….… (Rupees………………………………) as initial/full security Deposit in the form there in mentioned. The form of payment ofsecurity deposit includes guarantee executed by Nationalized Schedule ‘A’ Bank, undertaking full responsibility toindemnify Numaligarh Refinery Ltd. in case of default.

The said ………………………. has approached us and at their request and in consideration of the premises wehaving our office at ………………. have agreed to give such guarantee as hereinafter mentioned.

1. We hereby undertake and agree with you that if default shall be made by M/s………… in performing any ofthe terms and condition of the tender or in payment of any money payable to Numaligarh Refinery Ltd. Weshall on demand pay to you in such manner as you direct the said amount of Rupees ……… only or suchportion thereof not exceeding the said sum as you from time to time require.

2. You will have the full liberty without reference to us and without affecting this guarantee postpone for any timeor from time to time the exercise of any of the powers and rights conferred on you under the contract with thesaid …………………………. and to enforce or to forebear from endorsing any powers or rights or by reasonof time being given to said ………… which under law relating to the sureties would but for provision have theeffect of releasing us.

3. Your right to recover the said sum of Rs. …………………………….. (Rupees ………………………….) from usin manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes havebeen raised by the said M/s …………………. and /or that any dispute or disputes are pending before anyofficer, tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding updissolution or changes of constitution or insolvency of the said, but shall in all respects and for all purposesbe binding and operative until payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to (Rupees. ………………………). Our guarantee shall remainin force until ……………………………….. unless a suit or action to enforce a claim under Guarantee is filledagainst us within six months from …………… (Which is date of expiry of guarantee) all your rights under thesaid guarantee shall be forfeited and we shall be relived and discharged from all liabilities thereunder.

6. We have power to issue this guarantee in your favour under Memorandum and Articles of Association andthe undersigned has full power to do under the power of Attorney dated ……………. granted to him by theBank.

Yours faithfully,

_____________ BankBy its Constituted Attorney

Signature of a person dulyAuthorized to sign on behalf

of the Bank.

ANNEXURE-4NUMALIGARH REFINERY LIMITED

GUARANTEE AGAINST ADVANCE PAYMENT

This Deed of Guarantee made this ________ day of __________ between ________________________________________________and wherever the context so required includes its successors and assigneeshereinafter called “the Surety” and M/s Numaligarh Refinery Limited an existing company within the companies Act,1956, having its Registered Office at Lotus Tower, G.S. Road, Guwahati – 781 005, Assam and wherever the contextso required includes its successors and assignees, hereinafter called “the Owner”.

Whereas M/s ________________________________a company Registered under the companies Act,1956 havingits Registered Office at ______________________ _________________(wherever applicable) and wherever thecontext so requires includes its successors and assignees, hereinafter called “the Contractor” has undertaken to……………………….on the terms and conditions mentioned in the

a) Letter of Intent No. …………………..……. dated ………..………….

AND

b) Agreement No. …………………………………….dated ………………………..referred to as “the said contract”.

And whereas the Owner has agreed to make an advance of Rs. ____________ (Rupees _______________________________________________) being ___% (percent) value of the order on _______________ asprovided in the contract as the said advance to the Contractor carrying no interest.

AND WHEREAS the Contractor has agreed with the Owner authorising him to deduct the said advance under theterms of the said contract from the amount that becomes due and payable to the contractor as per the terms andconditions described under the clause “Terms and Conditions of payment” of the Contract on proper execution of theContract.

Now this deed witnessth that in consideration of the said advance or any balance thereof made by the Owner to theContractor, the surety hereby GUARANTEES the payment of the said advance by the Contractor and undertakes topay the Owner on demand the said sum of Rs. …………..…… subject to the following conditions.

a) “Surety hereby gives an irrevocable guarantee and declares that its liability under this bond shall extend tothe payment of the whole amount viz. Rs. _____________paid as advance as provided for the contract asthe said advance”.

b) This guarantee shall remain in force and effect so long as the said advance or any part thereof remainsoutstanding and shall expire and become ineffectual only after the recovery of entire sum of Rs.………………..covered by the Guarantee and upon intimation thereof being given by the Owner to the Surety,in which event, the surety shall be discharged by the Owner.

c) The Surety shall not be discharged or released from the Guarantee by any arrangement made between theOwner and the Contractor with or without the consent of the Surety or by any alteration in the obligations ofthe parties or by any indulgence forbearance, whether as to payment, performance or otherwise.

d) The guarantee shall come into force the date of contract receives from the Owner the said advance.

e) Notwithstanding anything stated above, the liability of the Surety under the Guarantee is restricted to Rs.…………………..(Rupees ……………………………..) and this guarantee will remain in force up to……………….in the first instance. Further unless a claim or demand is made against the Surety within sixmonths from the date of expiry of this guarantee viz. ………all rights of the Owner under this guarantee shallbe forefited and the surety shall be released and discharged from all liability hereunder unless this guaranteeshall have been previously extended. However, if the contract for which this guarantee is given is notcompleted or fully performed, the Surety (Bank) hereby agrees to further extend the Guarantee till such timeas is required to fulfill the contract.

Place : Authorised Signatory of BankerDate :

ANXURE -5INDENTURE FOR SECURED ADVANCES

THIS INDENTURE made the ………………………………….day of ……………..20between ………………………………………………………………. (hereinafter calledthe Contractor which expression shall where the context so admits or implies be deemed to include his executors,administrator and the assignees) of one part and Numaligarh Refinery Ltd, (hereinafter called the NumaligarhRefinery Ltd. which expression shall where the context so admits or implies be deemed to include its successors inoffice and assignees) of other part.

WHEREAS by an Agreement No ………………………….. dated …………………….(hereinafter .called the said agreement) the contractor' has agreed ……………………… and WHEREAS theContractor has applied to the Numaligarh Refinery Ltd. that he may be allowed advances on the security of materialsabsolutely belonging to him and brought by him to site of the works, the subject of the said agreement for use in theconstruction of such of the works as he has undertaken to execute at rates fixed for the finished work (inclusive of thecost of materials and labour and other charges) and whereas the Numaligarh Refinery Ltd has agreed to advance tothe Contractor an amount upto Rs. ………………………….. (Rupees ………………………………………………….only)on the security of the quantities and other particulars of the materials on the Security of which the . advance oradvances are made as detailed in the secured advance account forming account bill preferred from time to time andsigned by the Contractor for the said works.

NOW THIS INDENTURE WITNESSTH that in pursuance of the said agreement and in consideration of amountsaggregating to the sum of Rs. ………………………… (Rupees……………………………………………………) only on or after the execution of these presents paid to the 'contractorby the Numaligarh Refinery Ltd. (The receipt where of the Contractor hereby acknowledge) Contractor both herebycovenent and agreewith the Numaligarh Refmery Ltd and declare as follows:

1. That the said sum aggregating to Rs. ………………… (Rupees…………… ... only) so advanced by theNumaligarh Refmery Ltd. to Contractor as aforesaid shall be employed by the Contractor in or towardsexpediting the execution of the said work and for no other purpose whatsoever.

2. That the materials detailed in the said Running Account Bills which have been offered to and accepted by theNumaligarh Refinery Ltd. as Security are absolutely the Contractor's own property, and free fromencumbrances of any kinds and the Contractor will not make any application for or receive a further advance onthe security of materials which are not absolutely his own property and free from encumbrances of any kind andthe Contractor hereby agrees to indemnify the Numaligarh Refinery Ltd. against all claims to any materials inrespect of which an advance has been made to him as aforesaid.

3. That the materials detailed in the said Running Account Bills (hereinafter called the said mate rials) shall beused by the Contractor soley for the execution of the said works in accordance which the directions of theEngineer-in-charge and in terms of the said agreement.

4. That the contractor shall make at his own cost all necessary and adequate arrangements for the proper watch,safe custody and protection against all risk of the said materials and that until used in construction as aforesaidthe said materials shall remain at the site of the said works in the Contractor's custody and on his ownresponsibility and shall at all times be open to inspection, by the event of the said materials or any part thereof

being stolen, destroyed or damaged the Contractor will forthwith replace the same with other materials of likequality or repair and make good the same as required by the Engineer-in-charge.

5. That the said materials shall not on any account be removed from the site of the said works except with thewritten permission of the Engineer-in-Charge or an officer authorised by him on that behalf.

6. That the advance shall be repayble in full when or before the Contractor receives payment from theNumaligarh Refinery Ltd. of the price payble of him or the said works under the terms and the provision of thesaid agreement provided that if any intermediate payments are made to the Contractor on account of workdone then on the occasion of each such payments the Numa1igarh Refinery Ltd. will be at liberty to makerecovery from the Contractor's bill for such payment by deducting there from the value of the said materialsthen actually used in the conclusion and in respect of which recovery has not been made previously the valuefor this purpose being determined in respect of each description of materials at the rates at which the amountsof the advances made under these presents were calculated.

7. That if the Contractor shall at any time make any default in the performance or observance in any of the termsand provisions of the said agreement the total amount of the advance or advances that may still be owing inthe-Numaligarh Refinery Ltd. together with the interest theron at Eighteen (18) percent per annum from the dateor repective dates of such advance or advances to the dates of repayment will with all costs, charges, damagesand expences incurred by the Numaligarh Refinery Ltd. in the recovery thereof the security or otherwise byreason of the default of the Contractor and the Contractor hereby covenants and agrees with the NumaligarhRefinery Ltd. to repay and pay the same respectiveley to him accordingly.

8. That the Contractor hereby gives charge of all the said materials for the repayment to the Numaligarh RefineryLtd. of the said sum aggregating to Rs. …… (Rupees only) and all costs, charges, damages and expensespayble under these presents PROVIDED ALWAYS AND it is, hereby agreed and declared that notwithstandinganything in the said agreement and without prejudice to the powers contained therein if and when ever themoney owing shall not be paid in accordance herewith, the Numaligarh Refinery Ltd may at any time thereafteradopt all or any of the following courses as it may deem best.

(a) Seize and utilise the said materials or any part thereof in the completion of the said works on behalf of theContractor is accordance with the Provisions in that behalf Contained in the said agreement debiting theContractor with the actual cost of effecting such completion and the amount due in respect of advancesunder these presents and crediting the Contractor with the value of

work done as if he had carried it out in accordance with the said agreement and the rates therebyprovided. If the balance is against the Contractor he is to pay the same to Numaligarh Refinery Ltd. ondemand.

(b) Remove and sell by the public auction the seized materials or any part thereof and out of the moneyarising from the sales retain all the sums aforesaid repayable to the Numaligarh Refinery Ltd Under thesepresents and pay over the surplus (if any) to the Contractor.

(c ) Deduct all or any part of the money owing out of the security deposits or any due sum to the Contractorunder the said agreement.

(9) That in event of any conflict between the provisions of these presents and the said agreement the provisions ofthe said agreement shall prevail and in the event of any dispute or difference arising over the construction oreffect of these presents the settlement of which has not been herein before expressly provide for, the sameshall be referred to arbitration as provide in the said agreement.

IN WITNESS WHEREOF ………………………………………………………….. and Numaligarh Refinery Ltd. by theorder and under the directions of the Numaligarh Refinery Ltd have herein to set their respective hands the day andyear first above written.

Sined, sealed and delivered Signature :By the said Contractor in thePresence of Name :

Address :Witness:Signed by the order and direction Signature :Of the Numaligarh Refinery Ltd.In the presence of Name :

Address :Witness:

ANNEXURE-6

TO,

M/s Numaligarh Refinery Limited, 4th Road, Tarun Nagar, Guwahati- 781005.

Sub : COMPOSITE BANK GUARANTEE FOR ADVANCE AND SECURITY DEPOSIT.

THIS UNDERTAKING made this ………………………………………… day of ……………….by ……………………………………. (herein after called the “Bank” which expression shall include its successors andassigns) in favour in NUMALIGARH REFINERY LTD. 4 th ROAD, TARUN NAGAR, GUWAHATI – 781005, ASSAM(herein after called the “OWNER” which expression shall include its successors and assigns).

WHEREAS NUMALIGARH REFINERY LIMITED a Govt. of India Enterprise, ………………… , 4 th Road,Tarun Nagar, Guwahati – 781005,Assam (hereinafter called the “OWNER” which expression shall include its/ his/their successors and assigns / executors, administrators, representatives and assigns) has been awarded in contractin terms, inter-alia, of the Owner’s letter of Work order Number ……………………………………. Dtd ………………..for executing the (job) ……………………… for …………………….. at a total value of Rs ………………. To M/S…………………………… (herein after called the “Said Contract” which expression shall include any formal contractentered into subsequence thereto or in suppression thereof and all modifications to an amendments in the saidcontract):

AND WHEREAS the Owner agreed to advanced the Contractor a …………………………(Rupees …………………………. only) for utilization for the performance of the work covered by the said contract(Hereinafter referred to as the “said advance” which expression shall include any and all further advance made by theOwner to the Contractor with reference to the said contract) on production of an undertaking from a Bank in respect ofthe said advance shall without prejudice to any other mode of recovery available to the Corporation be recoverable bydeduction from the gross accepted value of the Running Account Bills and Final Bill of the Contractor Commencingwith the First Running Account Bill.

AND WHEREAS the Contractor is also required to furnish an undertaking from a Bank in lieu of deposit of 10% of the value of the Contract towards security deposit (hereinafter referred to as the “Security Deposit”) valid till theend of the defect liability period as specified in the said contract.AND WHEREAS the Owner has agreed to accept the single undertaking from a Bank to cover both the said advanceand the Security Deposit in the name & style of “Composite Bank guarantee”.NOW, THEREFORE, in consideration of premises a foregoing and at the request of the Contractor, the Bank herebyirrevocably and unconditionally undertakes to pay to the owner at Guwahati forthwith on first demand without protestor demur or proof or condition any and all amounts demanded by the owner in writing from the Bank with reference tothis undertaking up to an aggregate limit of Rs……………………… (Rupees ……………………………………….. only).

And the bank doth hereby further agree as follows :-

I. The owner shall have the fullest liberty without reference to the Bank and without affecting in any way theliability of the Bank under this undertaking, at any time and / or from time to time to anywise vary the saidcontract and / or any of the terms and conditions thereof the said advance and / or to extend time forperformance of the said contract and /or payment of the said advance in whole or part or to postpone for anytime and /or from time to time any of the said obligations of the contractor and either to enforce or for bear

from enforcing any of the terms and conditions of or governing the said contract and / or the said Advance, orthe securities, if any, or any of them available to the Owner and the bank shall not be released from its liabilityunder this presents and the liability of the Bank shall remain in full force and effect with notwithstanding anyexercise by the Owner of the liberty with reference to any or all the matters aforesaid or by reason of timebeing given to the contractor or any other forbearance or omission on the part of the owner or anyindulgence, by the owner to the contractor or of any other act , matter or thing whatsoever which under anylaw could (but for this provision) have the effect of releasing the Bank from its liability hereunder or any partthereof.

II. It shall not be necessary for the Owner to proceed against the Contractor before proceeding against the Bankand the undertaking herein contain shall be enforceable against the bank as Principal debtor notwithstandingthe existence of any security for any indebtedness of the Contractor to the Owner (including relative to thesaid advance or for the Security Deposit) and not with standing that any such security shall at the time whenclaims is made against the Bank or Proceedings taken against the Bank hereunder, be outstanding orunrealised.

III. As between the Bank and the Owner for the purpose of this undertaking the amount claimed or demanded bythe Owner from the Bank with reference to this undertaking shall be final and binding upon the bank as to theamount payable by the Bank to the Owner hereunder.

IV. The liability of the Bank to the Owner under this undertaking shall remain in full force and effectnotwithstanding the existence of difference or dispute between the Contractor and the Owner, The Contractorand the Bank and / or the Bank and the Owner or otherwise howsoever touching or affecting these presentsor the liability of the Contractor to the Owner, and notwithstanding the existence of any instructions orpurported instructions by the contractor or any other person to the Bank not to pay or for any cause with holdor defer payment to the Corporation under these presents, with the intent that notwithstanding the existenceof such difference, dispute or instruction, the Bank shall be and remain liable to make payment to the Ownerin terms hereof.

V. This undertaking shall not be affected by any change in our constitution or that of the Contractor or the Owneror any irregularity in the exercise of borrowing powers by or on behalf of the Contractor.

VI. This undertaking shall be valid for all claims / demands made by the Owner to or upon us upto…………………………………….. provided that the Bank shall upon the written request of the Contractorextended this guarantee by a further period.

VII. The bank doth hereby declare that Shri ……………………….. who is the ……………… (designation) of theBank is authorised to sign this undertaking on behalf of the Bank and to bind the Bank thereby.

VIII. The Bank hereby agrees not to revoke the Bank guarantee during its currency except with the previousconsent of the Owner, in writing.

IX. The Bank Guarantee is enforceable in the courts having jurisdiction over Guwahati, (Assam) only.X. Not withstanding anything contained herein above our liability under this Guarantee is restricted to

Rs………………….. (Rupees ………… …………………) only and it shall remain inforce upto & including………………….. (date) unless a claim under this guarantee is made on or before ………………. (date). Allyour rights under the said guarantee shall be forfeited and we shall be released & discharged from all liabilitythere under, our undertaking shall commence from the date of execution.

Yours faithfully, For and on behalf of the Bank

Name …………………………… Designation …………………….. Seal

MODIFICATION OF GENERAL CONDITIONS OF CONTRACT

ANNEXURE - 7The following clauses of GCC are modified to the extent as mentioned below :

Sl. No Clause No Item Modification

1. (Clause no. 2.3) Water Supply The Clause is modified to the extent as mentioned below :

Water shall be ‘Free Issue’.

2. (Clause no. 2.4.1) Power Supply The Clause is modified to the extent as mentioned below :

Power / Electricity Charges: Rs. 4.95 (Rupees four and paise ninety five only)

per KWH.

3. (Clause no. 6.1) Earnest Money

Deposit

The Clause is modified to the extent as mentioned below :

The Earnest Money Deposit shall be in favour of Numaligarh Refinery Limited, Numaligarh.

4. (Clause no. 21.0) Force Majeure

Clause

The following sentence shall be added to the clause

The CONTRACTOR shall keep records of the circumstances leading to delays

or failure of performance and bring this to the notice of Engineer-in-Charge in writing immediately on such occurrences.

5. (Clause no. 24.0) CONTRACTOR

to obtain his

own

information

The following para shall be added to the clause

The CONTRACTOR’s attention is drawn towards various notifications and laws in

force for use of Forest Products like sand, stone, timber etc. regarding payment of Royalty to the Government of Assam. The CONTRACTOR will have to obtain

necessary permit from the local District Forest Officer after payment of royalty

applicable at that time. The owner shall facilitate the CONTRACTOR by way of issue

of letters to the various Government Agencies in order to enable the CONTRACTOR

to get the Forest Produce on payment of royalty.

6. (Clause no. 25.0) Security

Deposit

The following para shall be added to the clause :

Mobilisation advance may be paid against a composite bank guarantee of an

equivalent amount to cover Mobilisation advance as well as retention amount

of 7.5% against security deposit, provided initial security deposit of 2.5% on

the amount of the contract value is furnished. Such bank guarantee should be

issued as per format enclosed as Annexure -6 to GCC.

7. (Clause no. 28.0) Extension of

Time

The Clause is modified to the extent as mentioned below :

Until a final decision is taken by the owner on the application of the

CONTRACTOR for extension of time on any ground, a provisional time

extension may be given by Engineer-in-charge in order to keep the contract alive without prejudice towards the rights, claims, contentions of the owner to

take action against the CONTRACTOR as per terms of the contract.

Provisional penalty (percentage as decided by the engineer-in-charge) for

delay shall be levied during provisional time extension period and the amount

shall be recovered from the subsequent Running Bills and other bills & dues of the CONTRACTOR.

8. Clause no. 29.1) Compensation

for Delay

The Clause is modified to the extent as mentioned below

Liquidated damage for delay in completion shall be charged equal to 1 % or

part thereof on the amount of the contract value for every week subject to maximum of 10% of the contract value.

9. Clause no. 106.0) Labour Laws The following para shall be added to the clause :

The CONTRACTOR will comply with the provisions of the following act and

indemnify the company against all claims, which may arise out of the following Acts, & Rules framed thereunder:

i) The Contract Labour (Regulation and Abolition) Act,

ii) The Minimum Wages Act.

iii) The Workman's Compensation Act.

iv) The Payment of Wages Act,v) The Payment of Bonus Act,

vi) The Employees Provident Fund & Misc. Provisions Act,

vii) Family Pension Scheme,

viii) Inter State Migrant Workmen (Regulation of Employment &

Condition of Service) Act,

or any other acts or statute not hereinabove specifically mentioned having bearing over engagement of workers directly or indirectly for execution of work.

10. (Clause no. 110.0 ) Arbitration The Arbitration clause as appearing in the GCC shall be amended as follows :

Clause “ a) Any dispute or difference of any nature whatsoever, any claim, cross-

claim, counter-claim or set off of the Company against the CONTRACTOR

or regarding any right, liability, act, omission on account of any of the

parties hereto arising out of or in relation to his agreement shall bereferred to the sole Arbitration of the Managing Director of the Company

or of some officer of the Company who shall be nominated by the

Managing Director. The CONTRACTOR will not be entitled to raise any

objection to any such arbitrator on the ground that the arbitrator is an

Officer of the Company or that he has dealt with the matters to which the contract relates or that in the course of his duties as an Officer of the

Company he had expressed views on all or any other matters in dispute or

difference. In the event of the arbitrator to whom the matter is originally

referred, being transferred or vacating his office or being unable to act for

any reason, the Managing Director as aforesaid at the time of suchtransfer, vacation of office or inability to act may in the discretion of the

Managing Director designate another person to act as arbitrator in

accordance with the terms of the agreement to the end and intent that the

original Arbitrator shall be entitled to continue the arbitration proceedings

not withstanding his transfer or vacation or office as an Officer of the

Company if the Managing Director does not designate another person to act as arbitrator on such transfer, vacation of office or inability of original

arbitrator. Such persons shall be entitled to proceed with the reference

from the point at which it was left by his predecessor. It is also a term of

this contract that no person other than the Managing Director or a person

nominated by such Managing Director of the Company as aforesaid shall act as arbitrator, hereunder. The award of the arbitrator so appointed

shall be final conclusive and binding on all parties to the agreement

subject to the provisions of the Arbitration Act, 1940 or any statutory

modification or re-enactment thereof and the rules made thereunder for

the time being in force shall apply to the arbitration proceedings under this clause.

b) The award shall be made in writing and published by the Arbitrator within

two years after entering upon the reference or within such extended time

not exceeding further twelve months as to sole Arbitrator shall by a writing

under his own hands appoint. The parties hereto shall be deemed to have

irrevocably given their consent to the Arbitrator to make and publish the

award within the period referred to hereinabove and shall not be entitled to

raise any objection or protest thereto under any circumstanceswhatsoever.

c) The arbitrator shall have power to order and direct either of the parties to

abide by, observe and perform all such directions as the arbitrator may

think fit having regard to the matters in difference i.e. dispute before him.The arbitrator shall have all summary powers and may take such evidence

oral and / or documentary, as the arbitrator in his absolute discretion

thinks fit and shall be entitled to exercise all powers under the Arbitration

Act, 1940 including admission of any affidavit as evidence concerning the

matter in difference i.e. dispute before him.

d) The parties against whom the arbitration proceedings have been initiated,

that is to say, the Respondents in the proceedings, shall be entitled to

prefer a cross-claim, counter-claim or set off before the Arbitrator in

respect of any matter an issue arising out of or in relation to the Agreement

without seeking a formal reference of arbitration to the Managing Director for such counter-claim, cross or set off before the Arbitrator shall be

entitled to consider and deal with the same as if the matters arising

therefrom has been referred to him originally and deemed to form part of

the reference made by the Managing Director.

e) The arbitrator shall be at liberty to appoint, if necessary any accountant or

engineering or other technical person to assist him and to act by the opinion

so taken.

f) The arbitrator shall have power to make one or more awards whetherinterim or otherwise in respect of the dispute and difference and in

particular will be entitled to make separate awards in respect of claims or

cross-claims of the parties.

d) The arbitrator shall be entitled to direct any one of the parties to pay the

costs of the other party in such manner and to such extent as the arbitrator

may in his discretion determine and shall also be entitled to require one or

both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so.

h) The parties hereby agree that the courts in the city of Golaghat alone shall

have jurisdiction to entertain any application or other proceedings in respect

of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city

of Golaghat only”.

11. Clause no. 111.0) Jurisdiction The Clause is modified to the extent as mentioned below :

All disputes, actions and proceedings arising out of this contract shall be under

the jurisdictions of the courts in the city of Golaghat only.

12. Annexure 2,3,4&6 Proforma for

Bank

Guarantee

The Annexures are modified to the extent as mentioned below :

The addressee of the Bank Guarantee shall be as follows :

Numaligarh Refinery Limited,Numaligarh Refinery Complex,

Dist. : Golaghat,

Assam,

Pin – 785 699

The address of the Registered Office of Numaligarh refinery shall be

amended as follows :


147, Udayan, RG Baruah RoadGuwahati – 781 005

(GCC annexure no. 8)

NUMALIGARH REFINERY LIMITEDASSAM, INDIA

SAFETY & SECURITY REGULATION



INTRODUCTION

Safety in Hydrocarbon Industry such as Refineries, Marketing Installations and LPG Bottling Plants like ours deserves utmost attention, as these are inherently hazardous. A

good number of contractor workmen are deployed in these sectors to carry outmaintenance, construction and other jobs and these are widely recognized as accident

prone activities. The analysis of the incidents / accidents in the Petroleum Sector reveals that a large number of such incidents involve contractor workforce which in turn have resulted in either causality, injury or property damage to owner or and contractor

personnel & property besides leading to operational interruptions and environmental degradation.

The reasons for accidents are mainly due to unsafe act, unsafe working condition, lack of training and awareness, inadequate safety management, equipment failure and poor house keeping. It is seen that unsafe acts and unsafe conditions contribute approximately

88% and 10% of all accidents respectively. It is also said that a safe and alert worker is safer in unsafe condition than an unsafe and un-alert worker in a safe condition. Most of

the accidents are caused due to inadequate safety management system; same needs to be prevented.

In order to improve the safety levels in our Refinery Premises, the contractor safety is of paramount and utmost importance and therefore a good contractor safety management system must be in place. The Contractor’s management, supervisor, safety officers

therefore must ensure that all these rules and regulations of this Safety management system are strictly enforced and monitored with the help and guidance of Owner’s

Engineer in charge / Safety officers so that precious lives and costly properties can be saved.


CONTENTS

1.0 DUTIES & RESPONSIBILITIES

2.0 SAFETY MANAGEMENT

2.1 JOB SAFETY ANALYSIS2.2 GATE ENTRY / EXIT PROCEDURE

2.3 WORK PERMIT SYSTEM2.4 USE OF PERSONNEL PROTECTIVE EQUIPMENT2.5 INSPECTION / AUDIT

2.6 PENALTY FOR NON-COMPLIANCE2.7 REPORTING FIRE / INCIDENT / ACCIDENT

2.8 SAFETY COMMITTEE MEETING2.9 SAFETY TRAINING

3.0 SAFETYY PRACTICES AT WORK PLACES

3.1 SAFE PRACTICES FOR INDIVIDUALS3.2 HOUSE KEEPING

3.3 EMERGENCY PROCEDURE

4.0 MAINTENANCE / CONSTRUCTION ACTIVITIES

4.1 EXCAVATION OF WORK

4.2 LADDERS AND SCAFFOLDS4.3 VEHICLE MOVEMENT

4.4 ELECTRICAL SAFETY4.5 WORK OVERHEAD / HOSTING EQUIPMENT4.6 DEMOLITION

4.7 HANDLING & LIFTING EQUIPMENT4.8 USE OF OWNER”S EQUIPMENT

4.9 TEMPORARY OFFICE / SHED

5.0 STATUTORY / OISD GUIDELINES


1.0 DUTIES & RESPOSIBILITIES OF CONTRACTOR

Contractor should:

• Make themselves and their employees aware of all the hazards; provide means andorganization to comply with the safety & health measures required at the workplace before commencement of any job inside Refinery. Educate workmen about their duties at the workplaces.

• Implement safe methods and practices; deploy appropriate machinery, tools & tackles, experienced supervisory personnel and skilled work force etc. required for execution.Ensure inspection and certification of all tools being used. Remove defective toolsimmediately.

• Prepare a comprehensive and documented plan for implementation, monitoring andreporting of Health, Safety & Environment (HSE) and implement after its approval.

• Nominate / engaged qualified & trained Safety Engineers / Officers reporting to the Site Incharge for supervision, co-ordination and liaison for the implementation of the safety plans & procedures.

• Ensure that only PPEs of the Owner approved type is used at work site. Arrange suitable facilities in liaison with the Owner for drinking water, toilets, lighting, etc applicable as per Laws / Legislation at site.

• Ensure strict compliance with work permit system after ensuring that all safety precautions / conditions in the permit are complied with and closing the same after job completion. Arrange for fire protection equipment as per the advice of owner.

• Ensure that its employees have completed appropriate health and safety training as required by the statute / regulation and also as per requirements of the Owner / Consultant. The documentation of such training imparted to all its employees should be maintained and produced for verification as required.

• Ensure that workers have proper training for their job assignments, including use ofappropriate PPE and first aid fire fighting equipment.

• Report each incident and / or injury in accordance with established procedures and assist in investigation. To maintain accident & nearmiss record in a register

• Conduct daily inspections to ensure compliance with safety standards, codes, regulations, rules and orders applicable to the work concerned. Arrange daily toolbox meeting and regular site safety meetings and maintain records.

• Attend training and ensure participation of his workers for training as per schedule arranged by the Owner / Consultant and keeps himself updated.


• Keep records of number of persons working at the site. Also keep a constant liaison with EIC / Owners’ representative on safety issues.

2.0 SAFETY MANAGEMENT

2.1 JOB SAFETY ANALYSIS

Job safety analysis provides the Contractor, Safety Officer or Supervsior a mechanism to take a detailed look at the individual task how it is performed and what are its inherent hazards and then take prevntive actions accordingly. Contractor must do the exercise for all critical activities and submit it to Owner’s EIC for approval before taking up a Job. A job safety analysis includes the following five steps:

• Select a Job

• Break the Job down into sequence of steps

• Indentify the hazards against each step

• Apply the Control to the hazards

• Evaluate the controls

2.2 GATE ENTRY / EXIT PROCEDURE & TRAINING

Being a major chemical hazard industry restriction of men and materials to Refinery and Terminal operations are very essential both for safety and security point of view. Therefore on award of a contract and prior to commencement of work the contractor must do all the formalities to get entry pass and must show identity/gate pass at entry point. All the persons must carry gate pass all the time while in Factory premises which may be checked by Owners representatives or CISF at any time.

The present gate pass system for Contractor / Supervisors / Workmen / Vendors / Visitors has been divided in following groups:

1. Permanent Photo Gate Pass :

a. Modality : Issued to those workmen, who have been deployed for one month or more.b. Validity : Initial for a maximum period of 03 month, which may then be extended further

on recommendation from NRL EIC.c. Format : Printed format available with CISF.d. Signatories (in sequence) : Signature by holder, Contractor, NRL EIC, P&A, CISF.e. Necessary documents :

• Completely filled up format along with sign and seal of all signatories

• Two copies of recent passport photographs.

• Residential Proof

• Proof of Fire Training taken in NRL F&S Deptt.


f. Documents considered as Residential Proof :

• PRC (issued by District / Sub Division Authority).

• Certificate issued by Village Head / Municipality Board Head, verified by Police Authority.

• Pass Port / Pan Card / Driving License / Voter Identity Card

2. Temporary Gate Pass :

a. Modality : Issued to those workmen, who have been deployed for less than one month.b. Validity : Initial for a maximum period of 15 days, which may then be extended further

for maximum 15 days on recommendation from NRL EIC.c. Format : Soft Copy of format available in NRL P&A.d. Signatories (in sequence) : Signature by holder, Contractor, NRL EIC, P&A, CISF.e. Necessary documents :

• Completely filled up format (both gate pass format and bio-data format) along with sign and seal of all signatories

• Two copies of recent passport photographs.• Residential Proof

• Proof of Fire Training taken in NRL F&S Deptt.

f. Documents considered as Residential Proof :

• PRC (issued by District / Sub Division Authority.

• Certificate issued by Village Head / Municipality Board Head, verified by Police Authority.

• Pass Port / Pan Card / Driving License / Voter Identity Card

g. Documents considered as Residential Proof :

• All documents applicable in Permanent Pass.

• Village / Town Head certification

3. Special Temporary Pass :

a. Modality : Issued to Executives of outside agency who visit NRL on temporary assignment.b. Validity : Initial for a maximum period of 15 days, which may then be extended further for

maximum 15 days on recommendation from NRL EIC.c. Format : Soft Copy of format available in NRL P&A.d. Signatories (in sequence) : Signature by NRL EIC, P&A, CISF.e. Necessary documents :

• Completely filled up format along with sign and seal of all signatories.

• Photocopy of Identity Card from concerned organization attested by NRL EIC, or recent Pass port size Photograph.

4. Temporary Group Pass :


a. Modality : Group passes are issued whenever larger number of contractors’ workers are required for plant overhaul and other short duration big jobs like mass concreting.

b. Validity : for 2 / 3 days on recommendation from NRL EIC.c. Requirement : (i) List of all workmen along with their address (permanent and present

address) and recent photographs (ii) undertaking from contractor (forwarded by NRL EIC), taking all responsibility of activities of the workmen.

d. Signatories (in sequence) : Signature by Contractor’s representative, NRL EIC, P&A & CISF.

5. Vehicle Pass for Contractors: Refer clause 4.3.1

6. Special permission for holidays / Sundays / Night:

Modality: Special permission is required for working on holidays / Sunday / nights. For this, request letter, routed through NRL EIC & P&A, is to be initiated by the concernedcontractor to CISF.

7. Material / Equipment Entry and exit:

Entry / Exit of material or equipment brought by the Contractor will be allowed through the designated Gate as per procedure and policy of the company. In general, for any material / equipment’s brought inside the Refinery by the Contractors the challan must be endorsed at the designated Gate by Security Staff (CISF) and then taken to the authorized Representative of the Owner for checking before it is taken to site or put to use. While taking out the materials out of the Refinery, the same has to be certified by the same authorized Representative of Owner and the material gate pass along with stamped challan indicating cross reference to the gate pass will be handed over to security person at the designated Gate. Security Section will keep a record of Contractor’s men who enter the Refinery and keep P&A informed. The Security Staff will check Contractor’s vehicles including cars at the Gate.

2.3 WORK PERMIT SYSTEM

The Work Permit System is an important tool for ensuring safety in Hydrocarbon Processing & Handling Installations like Refinery, Marketing Terminals, LPG Bottling Plant, etc. For the safety of the personnel, machineries & plants, a safe and user friendly Work Permit

System has been formulated in line with OISD & other statutory guidelines. If a work has to be performed by any person other than the operating personnel of that area, a duly authorized written permit shall be obtained by the executing agency before commencement of work. Such Permit is valid only for a specific job for a specific period. Every Contractor must comply with this Work

Permit System without fail. If a work has to be performed by any person other than the operating personnel in that area, a duly authorized written Permit must be obtained by the person / agency executing the job before commencement of work. Since several maintenance & construction jobs are carried out with assistance from Contractors, it is essential to provide sufficient exposure to contractors, their supervisor and workmen about this Permit System. Work Permits are normally not issued directly to any Contractor.

In generals NRL has the following system of permits.

a) Hot Work Permit: Combined for hot job and confined space entry


b) Cold work permitc) Excavation permitsd) Working at heighte) Radiography permitsf) Electrical lock out permitg) Road excavation permitsh) Mobile material handling equipment permit

If required contractor has to prepare and submit job safety plan for special nature of job along with the permit which are to be approved by EIC and Fire and Safety deptt. It is normally the contractor’s responsibility to fulfill the conditions of permit like keeping/wearing PPEs,Harness and life lines , gas detector , Portable fire extinguishers, spray nozzles, Fire hoses etc., however owner may also supply the same and if feel necessary may be charged also.

For the entire jobs, permits are to be taken as per owner’s prescribed format and procedure and must be initiated & get it signed by Owner’s designated representatives and other depts. as per procedure. Contractors working within Refinery without valid work permit or violating condition of permit may be panelized and shall be removed from the approved list of company contractors.

2.3.1 Special notes:

• Before starting any work, contractor must obtained work permit.

• Extension of permit must be taken in advance if job is to be executed further.

• The conditions of permit must be satisfied at all the time.

• For obtaining permit contractor must send qualified person/supervisor for taking permit who has sufficient knowledge about the job.

• The work permit is to be kept in the actual work site during execution.

• The Owner representative may any time check the permit and permit conditions and has the authority to stop the job.

• All the jobs must be stopped on hearing the siren, which are mentioned in the other clauses as per emergency procedure. And in such cases again fresh permissions are to be taken for restarting the job after normalcy.

• Electricity driven appliances such as drills, grinders, etc. require a permit before they are to be used in plants, refinery roads, etc.

• In case of diesel generating sets are required to be used for any particular work, the contractor shall arrange for necessary, certificate for uses from Govt. Elect. Inspector. The wiring of DG set shall be with Double earthling ELCB and approved by NRL EIC.

2.4 USE OF PERSONNEL PROTECTIVE EQUIPMENTS:


The Personal Protective Equipments (PPE) are used at work site to reduce risk ofdangerous occurrences and provide a physical barrier between the user and the hazard. It is of course of primary importance that Personal Protective Equipment (PPE) are carefully selected before procurement and then maintained. Improper selection, use and maintenance can only cause danger to the life of the user. All personnel using PPEs should be thoroughly trained about the right use of Personal Protective Equipment (PPE), its upkeepment and maintenance by theContractor. If required, guidance from Owner’s representatives should be taken. PPEs are two types - Non-respiratory Personal Protective Equipment & Respiratory Personal ProtectiveEquipment. The Contractor should follow the following guidelines.

• It is the prime responsibility of the Contractor to supply all PPEs to his workmen and strict adherence of the compliance of the same at the work place. He cannot allow his worker to perform job without using the requisite PPE for the job. Owner may issue any of these PPEs to Contractor, if available, on chargeable basis.

• All the PPE should be of BIS Standard or equivalent International standard. All PPEs like Safety Helmet, Safety Shoe, Boiler Suit, Safety Belt, Harness, Gloves, Chemical suit, Mask, Welding goggles, Eye shield, Ear plug, Ear muff, BA apparatus, Life line, Mask for Toxic Gases should be procured as per this standard and supplied to his worker.

• Contactor should also ensure that these PPEs are replaced as per guidelines.

• A register for issue of PPEs to the workers is to be maintained by the contractor at site which may be checked by owners representatives.

• Certain PPE like helmet, Safety Shoe and Boiler suit will be checked at Main Entry and Owner will stop entry of such persons who are not having these PPEs.

• Contractor should take advice from owner the probable requirement of PPE s for a specific job before quoting or submitting his tender.

• The contractor has to train his persons about the usage of PPEs.

• Owner may check the quality of the PPEs supplied by the contractor to his workers through competent persons. Owner may also stop work and impose penalty to the Contractor for not using PPEs by their employees.

2.5 INSPECTION / AUDIT

Inspection / Audit is a tool to evaluate compliance of all safety requirements inside our Refinery Premises. Most of the relevant information can be gathered through site inspection using ready-made checklists to ensure that the Contractors are following the rules and regulations at work site. Contractors are therefore required to develop checklists in consultation with Owner’s EIC & Safety Officers. Before starting a job and at regular interval thereafter, Contractor’s supervisor and Owner’s representative should inspect as per the checklist and take appropriate action in case of non-compliance.

2.6 PENALTY FOR NON-COMPLIANCE


In order to ensure 100% compliance of safety related regulations and procedures and non-use of PPE, penalty will be imposed on the Contractors or their Workmen not adhering to permit conditions / safety rules & regulations. The Contractors must endeavour to avoid penalty by encouraging, motivating and making their employees aware about all the Safety regulations. Remember that the purpose of this scheme is to ensure safety of the personnel & property. A few of the non-compliances are as under:

• Non-usage of PPEs / Safety Belt

• Violation of safety permit conditions

• Non-barricading of area

• Working without valid work permit

• Unauthorized road closure

1 The Penalties on the Contractor or their workmen may be in the form of:

• Warning• Seizure of Gate Pass

• Denying Entry / Entry Pass renewal• Compulsory Training at Contractor’s cost

• Delisting

2. Owner’s authorized representatives will report such violations to the concerned

departmental head for imposing necessary penalty.

3 The above penalties shall be double in case of violations more than 3 times during

the contractual period for a particular contract.

8. Imposing any penalties for violation of HSE norms does not absolve the

Contractors from their contractual obligation / responsibility.

9. Contractors shall own full responsibility for any accident and injury to any of their employees or property due to violation of HSE norms.

10. All such financial Penalties imposed on Contractors shall be considered forevaluation of Contractor’s performance for tendering.

2.6.1 ANNEXURE - I - FINANCIAL DETERRENCE FOR NON-COMPLIANCE

Sl Non-compliance Safety Regulations Penalty

1 Non-use of PPE like Helmet / Safety shoes / Etc. Rs. 100/day/ item / person

2 Working without valid work permit (Cold work) Rs. 500/ per occasion3 Hot work without proper permit / clearance Rs 1000/ per occasion

4 Non-use ELCB, Use of non-standard socket, poor cable joint, laying wire / cables on roads, electrical jobs by incompetent person, use of more than 24V power in confined space.

Rs.500/ per item per day

5 Working at height without safety belt, using non-standardscaffolding and not arranging fall protection arrangement.

Rs. 300/ per case per day


6 Handling of compressed gas cylinders without trolley, jubilee clips, double gauge regulator & improper storage & handling.

Rs. 200/ per item per day

7 Non fencing / barricading of excavated areas Rs. 500/ per occasion

8 Use of domestic LPG for cutting purpose Rs. 500/- per occasion 9 Not providing shoring / strutting / proper slope and dumping

at a place other than designated ones. Rs. 1000/- per occasion

10 Over speeding / rash driving, (> 25Km/Hr) or wrong parking. Rs. 500/- per occasion 11 Non-provision of fire fighting eqpt as per permit conditions. Rs. 500/- per item per day

12 Unauthorized Road closure/ blockage. Rs. 500/- per occasion 13 Non-deployment of safety supervisor / supervisor responsible

for safety at work site.Rs. 500/-per week

14 Poor Housekeeping Rs. 500/- per day 15 Failure to comply any safety conditions as per job safety plan. Rs. 500/- per occasion

2.6.2 ANNEXURE – II : FORM FOR INTIMATION

1. TO : EIC / HOD

2. NAME OF THE CONTRACTOR :3. DATE & TIME OF VIOLATION :4. AREA / LOCATION / UNIT :

5. DETAILS OF VOILATION :

Sl Description of violation (Pl indicate the penalty clause no)

Penalty Remarks

1

2

Name: Signature: Date:

2.7 REPORTING UNSAFE ACTS/CONDITIONS/FIRE/ INCIDENT /

ACCIDENT / INJURIES / HAZARDS ETC

If the Contractor’s employee notices any oil leak, fire or hazard or any other abnormal situation including unsafe acts and conditions he should immediately report to owner’srepresentatives.

Also Refer emergency procedure clauses 3.3

2.7.1 Hazard communication including fire reporting and control:

Contractor must familiarize themselves about all probable sources of hazards like Fire, Explosion or Toxic release inside the Refinery & Marketing Terminal. He in turn will also ensure that the same information has been passed to his supervisor and workmen. Proper record of such dissemination of information must be kept by the Contractor and submit to the Engineer In charge on demand.

2.7.2 Action by person noticing Fire / Emergency situation are as under:


1. Attempt to extinguish fire with equipment available.

2. Inform NRL personnel immediately available in the job / unit.

3. Operate Fire Alarm (MCP) and / or inform Fire Station on telephone No.333/444 giving specific information like identity of caller, location of fire/incident, other site informationlike road blocked, etc. for ensuring earliest arrival of fire crew & equipment.

2.7.3 Reporting Accident / Injuries and Records :

• According to the Factory & Other Acts, any workman sustaining an injury in the Refinery and then absenting himself from work from more than 48hours, his accident report is to be sent to the Government authorities. To comply with this regulation, it is the responsibility of the Contractor to inform immediately to Owner’s representative regarding the accident, which may occur to his employee while working in the Refinery premises.

• If any Contractor employee is referred to an outside hospital as a result of an injury suffered by him and whether hospitalization is required or not, the Contractor will keep Owner posted on day to day basis about the condition of the injured person. Contractors to maintain proper records of Accidents of his personnel.

• Any injury must be reported to the Occupational Health Centre (OHC) and EICimmediately. Also Contractor must fill in the First Information Report (FIR) within 4 hours from the incident and the accident investigation Report (AIR) within 24 hours of the incident.

• Contractors are also required to submit the safety statistics like accident / incident / injuries for the last 3 consecutive years for the various jobs executed by them in various work sites along with tender.

2.7.4 FIRST AID / TREATMENT OF INJURIES:

• In the event of any injury sustained by any of Contractor’s employees within Refinery & Marketing Terminal Premises, it should be informed in 222/3700. The Contractor should ensure that FIRST- Aid should be immediately made available to the victim.

• Facilities for treatment of injuries (FIRST AID) are available at all times at the company Occupational Health Center. Injuries should be treated with a minimum of delay.Contractors are to follow the advice given by the Occupational Health Centre for the subsequent treatment.

• Contractor shall arrange expenses for Medical treatment including charges duringhospitalization of Contractor’s Personnel.

2.8 SAFETY COMMITTEE MEETING:

To maintain awareness, update training, convey important safety and health information, Safety Meetings should be held at a periodic interval. The Contractor, their Supervisors & Safety supervisors, should attend such meetings. The Owner’s Supervisor / EIC and Safety Officers may


also attend these meetings at random basis. The Contractors should maintain record of these meetings. Following three types of safety meetings should be held.

2.8.1 Tool Box Meeting2.8.2 Site Safety Committee Meeting2.8.3 Periodic Safety Review Meeting

2.8.1 Toolbox meeting

To maintain awareness, update training and convey important safety and healthinformation, contractor supervisors should conduct toolbox meetings at site prior to start of work.All Contractor workmen should attend this meeting. The Owner’s Supervisor / EIC & Safety Officers may also attend this meeting. The frequency of Toolbox meeting is to be decided based on the circumstances.

2.8.2 Site Safety Committee Meeting

The Safety Committee should include representatives from Owner, Consultant &Contractor and it should be headed by EIC. The purpose of this Committee is to enable Owner & Contractor to monitor Site safety to prevent accidents and improve working condition. Its size &membership will depend on the size and nature of job. Owner’s EIC / Safety Officer will guide in this matter.

The Safety Committee should have monthly meeting and the outcome of these meetings should be documented. The functions carried out by safety committee should include:

i. Review compliance status of pending items of last Safety meetings.ii. Discussion on incident / accident / near-miss reports to make appropriate recommendation

for prevention. Examination / evaluation of suggestions made by workmen.iii. Forward recommendation to Apex Body for consideration / approval.

2.8.3 Safety Review Meeting

This meeting is generally be headed by the Location head and attended by Owner’sSupervisor / EIC / Safety Officer and may be by all concerned department heads. Prime purpose of this review is to ensure that all the recommendations of various committees are being complied with. The frequency of the meeting is at least once in every quarter. All the investigation reports / audit findings with status of implementation shall be discussed.

2.9 SAFETY TRAINING

F&S Training is mandatory for all Contractor employees for getting a entry pass and also before start of any work inside the Refinery Premises.

a Training of Contractors’ Proprietor, Partners, Directors, etc:

• The Proprietors, Partners, Directors of the Contractors who have ultimate responsibility to carry out the work must undergo a comprehensive safety familiarization programme.


• This programme would be conducted once in a quarter by Fire & Safety / Training & Development Section the schedule of which will normally be notified in advance.

• On complete ion of the programme a certificate of Attendance / Safety training card will be issued to each participants which will be required for issue of Entry pass.

b Supervisors’ Training:

• Contractors’ supervisor will have to undergo 2 days training on Health, Safety andEnvironment (HSE) in Refinery followed by one day training on “Work Permit Systems”.

• On 3rd day a test will be held which may be consisting of written exam, viva or both.

• HSE training card would be issued on the last day of the month to the supervisors who successfully qualify these tests. Training card issued would be valid for 1 year.

c Workmen’s Training:

• Contractor’s workmen will have to undergo one day’s classroom and practical training on “Safety in operation” before commencement of the job.

• On completion of Training, “Certificate of Attendance” would be issued by F&S Section.

• The “Certificate of Attendance” would remain valid for a period of one year. However, the same may be required for rectification with the same procedure if the workman is found violating any safety norms or indulging any unsafe act.

• Entry pass would be issued on production of valid certificate only.

d Refresher Training:

Supervisors / workmen will be required to undergo refresher training from time to time as decided by Fire & Safety Section. The coverage & methodology of Refresher Training would be same as the initial training.

2.10 MEDICAL CERTIFICATE

Contractor will ensure that workers including Supervisors are medically examined by a certified surgeon / Occupational Health Physician having qualification of MBBS+AFIH as per Assam Factories Rule, 1960 or any competent physician before deployment on the job. Only medically sound person as certified by above medical practitioner would be allowed to do the job. Workmen deployed on high risk jobs like working in confined space, working at height, working under water, etc. must also be additionally certified for such jobs.

The medical certificates older than more than 6 months will not be accepted.Health Assurance certificates submitted by the Contractors would be checked at random by the Refinery medical officers.

3.0 SAFETY PRACTICES AT WORK PLACES:

3.1 SAFE PRACTICES FOR INDIVIDUALS


Refinery being a highly hazardous industry it is mandatory that the Contractor’s employees follow all applicable safe practices and confine to the work place only and neither move from their job site nor loiter around the Refinery operating and other Units. They will not be allowed to relax or sleep in the operating units even in the period of work breaks. It is Contractor’sresponsibility to explain all the safety regulations / instructions to his employees. All theContractors and their employees must ensure the following.

3.1.1 General Loss Control Rules3.1.2 Hazard Communication3.1.3 Movement Inside Refinery3.1.4 Dos & Don’ts

3.1.1 General Loss Control Rules:

Numaligarh Refinery have some general Loss control rules, which will be reviewed after a periodic interval. All concerned should obey these Loss Control Rules.

1. Every employee / visitor / contractor / contractor employee must observe safety rules / precautions and insist on its observance by others also.

2. Smoking is strictly prohibited inside Refinery & Marketing Terminal Premises.

3. Carrying of matches or any other means of ignition source is strictly prohibited in Refinery & Marketing Terminal Premises. Before entering the Refinery & Marketing Terminal Premises, matches and lighters must be deposited at the Security Main Gate.

4. Do not wear loose clothing like Dhoti, Tie, etc in plant area as it is dangerous near running machinery.

5. Wear cotton protective suits. Synthetic cloths may generate static electricity, which can be source of ignition in hydrocarbon processing plant.

7. In case of any accident / fire incident / dangerous occurrence, immediately report to your supervisor / guide and telephone Fire & Safety dept at Tel: 333/444. Get first aid promptly at Occupational Health Centre.

8. Don’t touch any item inside the Refinery and carry out any job / operation without proper authorization.

9. Before the start of any job be sure you know how to do it safely. If in doubt, ask your supervisor and do not start the activity till you are fully aware of the job safety plan.

10. Fire fighting and safety equipments must be kept in designated places and access to be kept unobstructed.

11. Only Diesel driven vehicles fitted with approved spark arrestor are allowed in designated roads inside the Refinery & Marketing Terminal Premises.

12. All stairways, platforms and walkways must be kept clear at all times.


13. If working in an isolated place, keep in touch with the person designated by your supervisor.

13. Ensure conspicuous display of activities in progress or updated job status suitably at the entry point of isolated and confined work place eg. Opening of vessel, column, etc.

15. Mobile phones / Cameras are strictly prohibited inside the refinery complex.

16. Non-sparking tools must be used in Hydrogen / LPG handling areas.

3.1.2 Movement inside Refinery / Marketing Terminal Premises

1. Always use walkways instead of short cuts. No one should walk through or across any operative units unless their duties require them to do so.

2. Walking on or over any rolling item, mechanical roller or conveyor is prohibited. Avoid walking on railroad tracks. Passing under railway wagon as a short cut is dangerous and strictly prohibited.

3.1.3 Dos & Don’ts

1. NO WORK is to be started until permits are obtained.

2. When work is completed, all le ft over junk and tools are to be removed to the proper / designated places.

3. A guard may not be removed or adjusted while machinery is not operation. Guards must be replaced before machinery is put back into operation.

4. All the tools to be used on job should be of good quality and good condition. Defective tools are dangerous. Don’t leave tool or material from where it may accidentally drop on persons below.

5. During unit shutdown if ladders, grating or handrails are removed safety ropes must be placed around the opening to eliminate the danger of fall.

6 Before starting excavation inside the refinery approval must first be obtained to avoid any possible damage of electrical cables or pipelines. The excavation more than 1.5 m deep must be properly shored up before any employee is permitted to work on it.

7 Goggles or shields must be used when working on emery wheels, brushes, chipping etc., or any other circumstances where there are possible eye hazards.

14 No clothing or any inflammable material is to be dried out on steam lines or any other hot equipment.

15 Personnel handling corrosive chemicals such acid, caustic soda etc must wear Protective clothing & equipment. Gas masks, if required, can be obtained from the F&S.

18. Drums, full or empty may not be used as worked benches or supports for any job, or in place of ladders.


21. When a person is working in any vessel in the immediate vicinity of operating unit’s, one person must be stationed at the opening of the vessel as a watchman.

22. Acetylene, Oxygen Cylinders must not be taken inside a Closed Vessel under anycircumstances. Torches always be taken outside the vessel for lighting & when not in use.

24. It is strictly prohibited to use any grade of petrol or any other inflammable liquid or corrosive chemicals such as caustic soda or acid for cleaning purposes.

25. Transporting or storing of petrol / diesel or light products or corrosive chemicals etc. in any open container is strictly prohibited.

27. Do not transport samples by cycles, which are not equipped with special carriers.

28. Walking on pipelines is prohibited for both insulated and un-insulated Pipeline and shall be considered as major violation of safety norms.

29. Use of Owner’s Facilities : Because of limited facilities Contractor’s employees are not normally permitted to use the Refinery locker rooms, mobile canteen or sanitary facilities provided for Owner’s employees.

30. Lost and Found : Enquiries pertaining to lost and found property may be made at the Security Section. Article found by an individual are to deposit in the Security Section.

3.2 HOUSEKEEPING

3.2.1 Housekeeping is an important aspect towards maintaining a healthy & safe workenvironment inside any Industry. If proper housekeeping can be maintained, lots of problems are automatically resolved. The Contractor therefore must ensure for removal of scrap, inflammable material, waste and debris at appropriate interval including proper storage of materials and equipment. The debris, scrap and other unwanted materials generated out of the activities carried out by the Contractors must be removed from site and shifted to the designated location or as instructed by EIC. The Contractor may ensure the following.

• Ensure proper storage of both Owners’ / Contractor’s materials & equipment at site used for carrying out the maintenance or construction job.

• Remove the loose materials, which are not required for use. Accumulation of these at the site can obstruct means of access to workplaces and passageways. Scrap generated out ofthe maintenance job should also be removed.

• Workplaces and passageways, that are slippery owing to oil, grease or other causes, should be cleaned up or strewn with sand, sawdust, ash etc.

• The workplace to be kept clean on continuous basis. Even for continued nature of work the work place must be cleaned not later than every four hour basis, non compliance of which shall be treated as major violation of safety norms.


• Before offering a completed job for final inspection/acceptance Contractor must ensure thatall maintanance waste, scrap and other disposable items are removed from the workplace. Failing the same will call for rejection of inspection call and the contractor shall be penalised for the wastage of inspectors time through necessary recovery from their bill.

• All disposable material and scrap shall be dumped in the specified location only and panel recovery shall be made if found dumped in other location. It may be noted that in all the item rate contarct housekeeping is a part of the activities and as such deduction will be made in case of non-compliance.

3.2.2. Worksite Inspection Claerance Report

The following report to be attaeched with the final bill. The report should be filled up and signed after joint inspection after completion of work. Inspection should be carried out joinly by the represenataives of EIC, production deptt or area in charge and contractor represenataive.

i Formate for worksite Inspection Clearance report

Inspection Date Time

LOA no Name of the Work /Worksite

Cleaning Status

Workable Material

Stacked properly : Yes / No

Left scattered : Yes / No

Scrap Material

Transported to scrap yard : Yes / No

Left out at site : Yes / No

Waste Material

Transported to waste yard : Yes / No

Left out at site : Yes / No

Name of Representative Signature

Site I/C - Contractor

EIC - Maintenance

Area I/C - Operation


3.3 EMERGENCY PROCEDURES

Emergencies like fires, explosion, leakages or accidents may occur at any time and in any case if contractors’ personnel notice such abnormality he should immediately inform nearby NRL employees or Fire Station. He may use any of the following modes of communication to intimate Fire Station / Occupational Health Centre about the incident / accident.

i Intercom telephone to Fire Control room – 333/444

ii Breaking MCP (Manual call point)iii VHF Channel-8

iv PA system

v Occupational Health Centre ( Ph 222) in case of injury

However, as a responsible person he should use portable Fire Fighting media in case of Fire and inform immediately the nearby Owners representative / Fire Station.

3.3.1 Siren Code: To communicate during emergency, NRL has following siren code:

i Minor fire : No siren

ii Major Fire : Waling sound for 2 minutes

iii Emergency : In case disaster wailing siren will be sounded for 2 minutes thrice

at a gap of 2 minutes in subsequent blowing.

Iv All clear : 2 minutes straight siren

3.3.2 Important Procedures to be observed during Emergency

• If the Contractors employees notice any oil leak or fire, he should immediately report to Owner’s representatives or Fire Station by using any one of the communication mode mentioned above and stop all the jobs.

• On hearing siren immediately work should be stopped, shut off the engines, such as welding machines and take advise from owners representatives.

• Those who are using firewater for any purpose must immediately stop using the same and must shut off the hydrant valve from which water being taken.

• Only when the all-clear siren is blown work should be resumed. Fresh permits should be taken before commencing work in such cases.

• Assist owner personnel in mitigating emergency situation as per advice.

• Any contractor who is driving vehicle when the Fire Siren Sounds should park his vehicle at a suitable location away from the site of Fire.

4.0 MAINTENANCE / CONSTRUCTION ACTIVITIES

4.1 EXCAVATION


Any excavation work inside the Refinery & Marketing Terminal Premises may affectunderground sewers / telephone lines / cables / pipelines as a result of which there may be Fire & Explosion Accident or shutdown of the Plant. Any excavation within the limits of the refinery whether carried out by earth moving equipment or hands tools, requires an excavation clearance permit. It must be initiated & signed by Owner’s representative and other depts. as per procedure. The basic guidelines for excavation is as under:

4.1.1 General Provisions:

• Entire requirements as per IS-3764 & OISD 192 & 207 guidelines should be followed. Allexcavation work should be planned. The method of excavation and type of support work required should be decided considering the stability of the ground & affect on adjoining buildings, roads, underground pipes, cables or any other structures.

• All excavation work should be supervised and inspected for any defect regularly.

• Safe angle of repose while excavating trenches exceeding 1.5m-depth upto 3.0m should be maintained. Based on site conditions, provide proper slope, usually 45

0,and suitable bench

of 0.5m width at every 1.5m depth of excavation in all soils except hard rock or provide proper shoring and strutting to prevent cave-in or slides.

• Don't allow vehicles to operate too close to excavated area. Barricade should be provided.

• Contractor’ shall not make any underground road crossing without the specific prior approval of the Owner’s representative. The Owner’s representatives shall make alternate arrangement for emergency movement of fire tenders. Area drug-up will be kept with “Road closed” barrier. Side berm of Road should invariably be excavated manually.

• Dumping of excavated earth should be done at the designated area only. Penalty

will be imposed in case of non-compliance. Checklist to be prepared and to besubmitted to EICs before commencement of any excavation.

4.1.2 Checklist for Excavation Clearance

Sl ITEM REMARKS

i. Whether excavation hot work permit is taken?

ii. Compliance status of precautions suggested in the permit.

1 ----

2 ----

iii. Whether barricading with glowing caution board is provided?

iv. Condition of the area where excavated earth is to be dumped.

v. Others

Signature of Contractor’s Site In charge Signature of EIC

4.2 LADDERS AND SCAFFOLDS


Accidents are also caused by the ladders falling or the climber losing his balance or failure of scaffolds. As such, utmost care should be taken for these two items normally used extensively for maintenance and construction purpose inside the Refinery. Some of the safe practices as listed below are to be observed before commencement of work.

i Make sure that ladder is not defective or broken and is not a repaired one. All ladders used must be sound construction and the right length for the job in hand. The free length must extend by 1.5 meters above the point of landing but should not be more than 1/4

th of the

ladder length. No portable single ladder shall be over 9 meter in length.

iii. Short ladder must not be tied together to give greater lengths. All ladders of 6 m or above should be tied to the structure on which they are resting to prevent from slipping. If they cannot be fixed with reasonable security, a worker must be stationed at the base of the ladder to foot it to prevent slipping. Ensure that the ladder is placed at a safe angle to prevent slip or fall back.

iv Metal ladders may not be used for electrical work.

v Every member of scaffolding must be of sound construction. Steel planks used in scaffolds should be carefully inspected and should be tied on both sides with suitable fixingarrangements to the pipes. Scaffolding must not be overloaded.

ii The Steel pipe & clamp to be used must be of good quality. The spacing between the vertical & horizontal members of the scaffolding should not be more than 1.5m and 1 meter respectively. The scaffolding should be further strengthened with cross bracing and stays.

iii The scaffolds should be provided with short climbs ladders for safe ascending / descending of workmen in the job. Only those men who are well trained / experienced in erectingscaffolding should be engaged for scaffolding work. The men working in the actualerection / dismantling of the scaffolding and all persons using the scaffolding must use suitable PPEs.

iv Bamboo or other flammable material is not allowed inside refinery for any type of scaffolding work other than specific purposes.

v Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent the fall of persons of materials by providing suitable fencing or railing.

vii The Contractor or his representative shall check the approach platform to scaffolding for correctness and shall put a tag with signature that it is checked by them and found as per standard scaffolding norms. If required, necessary certificates regarding stability of such arrangement should be taken from the competent person before it is put to use.

4.3 VEHICLE MOVEMENT

Vehicles are always a probable source of ignition and as such it is considered as a hazard. In petroleum refining installation, presence of hydrocarbon or other inflammable vapour

can’t be ruled out. A minor source of ignition may cause fire & explosion and as such


movement of vehicle inside the Refinery is to be controlled. With this in mind vehiclesshall normally be kept outside the Main gate and a limited number of vehicles will be

allowed to ply. No petrol engine driven vehicle is allowed to ply inside the Refinery. Motorcycles & Cycles should also be parked in the designated area outside the Main

Gate.

However, some vehicles / mobile equipment, etc required for carrying out operation,

maintenance & project activities may be allowed to ply inside the Refinery aftercertification with suitable justifications by the Engineer In-charge.

Vehicle Owner & Driver of the vehicles, which are allowed to ply inside the Refinery Premises, must ensure to comply the following regulations. All relevant documents like

RC, Insurance, License, PUC, Road tax clearances etc should be kept in the vehicle.

4.3.1 Permit for Vehicle & Driver4.3.2 Dress code for Driver & Licensee4.3.3 Fire & Safety Training

4.3.4 Diesel Vehicle / Spark Arrestor4.3.5 Designated Parking Place

4.3.6 Speed Limit4.3.7 Designated Route / No Entry4.3.8 Precautions / Regulations for Heavy Vehicles

4.3.1 Permit for Vehicle & Driver:

Vehicle Pass for contractors:

a. Modality: Vehicle pass is not issued to personal cars used by contractors for their outside movement. However, if used for site activities (truck, dumper, maintenance van, etc), gate pass is issued for such vehicles on recommendation from NRL EIC. Only Diesel driven vehicles fitted with CCOE approved spark arrestors will be given gate pass.

b. Validity: Initial for a maximum period of 03 month, which may then be extended further on recommendation from NRL Engineer In-Charge.

c. Format: Printed format available with CISF.d. Gate pass of driver will be as per procedure for contractors’ workmen, based on application

along with all relevant documents. However few specific requirements are also shown here.e. Signatories (in sequence): Signatures of Contractor, NRL EIC, P&A, CISF.f. Necessary documents:

• Completely filled up format along with sign and seal of all signatories.

• Copy of RC, Insurance, PUC Certificate, Fitness Certificate.

• Copy of valid Driving License of the driver.

• The owner must apply for entry pass both for vehicle and driver to CISF through P&A in the prescribed format attaching all necessary documents.

• All vehicles used inside the Refinery must be mechanically sound and having a current vehicle registration applicable as per Motor Vehicle Act. No unauthorized person other than the authorized driver of that vehicle is permitted to drive the vehicle. Action may be taken against the owner in case it is violated.


4.3.2 Dress Code for Driver & Licensee:

• The driver must have valid driving license and must wear uniform.

4.3.3 Fire & Safety Training:

Training on Fire & Safety is imparted to all Drivers / Helpers and after the training program, Safety Training Card is issued to the Drivers. The Drivers must keep this Safety training card with them. The Training card will be ceased if any Driver is found violating

the safety instructions. Drivers having the formal permit must ensure to comply the following:

• Adherence to speed limit

• Actions in case of emergency siren

• Safety precautions to be exercised while driving the vehicle inside Refinery.

Regular Safety briefing is also normally carried out for the Drivers / Helpers by the Company employees.

4.3.4 Diesel Vehicle / Spark Arrestor:

Only diesel engine driven vehicle having CCOE (PESO) approved spark arrester is allowed to ply inside the operational area. The Spark arrestor will be checked at Entry by

CISF. Permit of the Vehicle plying without proper spark arrester may be ceased. NRL may provide the spark arrester, if available, on chargeable basis.

4.3.5 Designated Parking Place:

Contractors and their employees should not park motor vehicles or other mobile equipment in any manner that will block Fire Hydrants, Fire Fighting / Protection

Equipment & Alarm system and access to Building, Walkway. Etc. Vehicles may not be parked where they are likely to impede the movements of other vehicles in the Refinery and care must be taken when parking near railway tracks to see that sufficient clearance

is allowed between vehicles and locomotive / trucks.

The driver should be near to the vehicle always when parked inside and in no case he should take out the key of the vehicle with him so that in case of emergency vehicle can be moved to safe place. Bus should stop only in the designated location / Bus Stop.

4.3.6 Speed Limit:

All vehicles entering or leaving the Refinery must come to complete halt at the Security Gate for checking by the Security Staff. The maximum speed limit of any

vehicle inside Refinery is 25 KM /Hr.


4.3.7 Designated Route / No Entry:

Roads close to the Critical Units are not permitted to use by any type of vehicles. Contractor / Driver must make themselves aware of these traffic rules.

4.3.9 Precautions / Regulations for Heavy Vehicles:

While carrying out various operation, maintenance & project related activitiesinside the Refinery Premises, Contractors are required to use truck, tractor, trailer,

damper, etc. In order to prevent any untoward incident out of the operation of these vehicles, Contractor must follow the following guidelines.

• Contractor’s trucks and other mobile equipment’s should be built / constructed so as to prevent material from falling off the mobile equipment on the Refinery roads. If

the material does fall from contractor’s equipment, the contractor shall remove material from the road immediately. These equipments like must be maintained in

good conditions.

• Hanging load on sides and at rear of vehicle is prohibited. If at all it is unavoidable,

permission is to be obtained from EIC.

• Contractors must not refuel gasoline or diesel engine driven vehicles. Whenrefueling is to be done inside the unit during turnaround, a special permission

should be obtained from the EIC / F&S Section.

• No vehicle shall be loaded beyond its Safe Working Load (SWL) capacity.

• In case of any fire, all roads should be cleared for the movement of Fire Tenders &

Rescue Vehicles. Over taking is strictly prohibited inside the Refinery Premises.

• Incident on violations of traffic rule within the Refinery premises if noticed will be

strictly dealt with.

4.4 ELECTRICAL SAFETY

Numaligarh Refinery Limited deals with product like Naphtha, SKO, Diesel and Hydrogen, which are very hazardous in nature in regard to flammability. The ignition point is so low that huge fire may occur with slightest of spark. Hence while dealing with electrical equipment / installation extreme care needs to be taken in terms of installation as well as operation. Hence ELECTRICAL SAFETY is prime requirement while executing any works inside the refinery. The subsequent clauses and sub clauses will give a brief idea about the system and procedure needs to be followed for operation of electrical equipment or running a electrical system.

4.4.1 Safety Standard: Applicable standards for Electrical Safety are:

i. OISD standard

ii. Indian Electricity Rule 1956


iii. IS standard

4.4.2 Electrical License:

Only persons having valid licenses should be allowed to work on electrical facilities. The person who had undertaken contract for electrical installation work must possessElectrical contractor license. The person who supervises any electrical installation work

must posses Electrical supervisor license based on the voltage level. The person who performs electrical power connection must possess Electrician work permit. The

document must be furnished before commencement of any such job.

4.4.3 Procedure for Temporary Electrical Power Connection:

Owner may supply power to the Contractor from the nearest substation at one point.

The Contractor have to make his own temporary installation including temporary cable as per guideline stated below following the Indian Electricity Rule 1956 and OISD GN 192 for Construction Safety. The Contractor shall dismantle at his own cost the installation

including temporary cabling etc. after completion of job failing which penal recovery, as deemed fit by the owner will be imposed.

The following are the minimum requirement for the Contractor electricalinstallation without which power connection will not be provided. Once completed, the

Installation checked & certified by licensed supervisor.

• The installation to be protected with proper shed to prevent ingress of water.

o The SFU, bus bar chamber must be in metallic structure. The SFU must be providedwith HRC fuse.

• The metallic stand / chamber must be earthed by using 2 nos of 3 meter long 65 mm dia GI earth electrode using minimum 25x3 mm G I strip. All non-current carrying

metallic part needs to be connected to earth.

• Static energy meter along calibration certificate needs to be installed. Required

numbers of Fire bucket & Fire extinguisher is to be installed wherever required.

• The danger board must be displayed prominently. Authorization chart mentioning the name of authorized person to be displayed. Artificial respiration chart to be

displayed.

• All Isolation switches are well accessible. And the entire Installation area to be well illuminated. All spare holes of the switchboard to be plugged. Wiring in theinstallation to be neatly dressed and all cable must be armored with proper size

glands and lug.


i. After completion of installation, the Contractor must submit the application for temporary electrical connection along with test report as per the prescribed format.

ii. The Owner will designate engineer for inspection of the said installation and power

supply will be provided only after compliance of all safety requirements. Any delay on this account is attributable to the Contractor.

iii The addition of any load beyond the approved load must be intimated to in same

format of application along with test report. The same needs to be inspected by owners Engineer. Violation of above procedure may liable for power disconnection.

iv The Owner from time to time will designate Engineer for checking of theinstallation and any non compliance found must be complied within a week failing for which power will be disconnected.

v The Contractor will maintain checking of the Installation every fortnightly and record the same in a register. Owners Engineer will review the register.

4.4.4 General Safety Precautions:

• No person should be allowed to work on live circuit.

• For power connection from Existing Refinery Electrical system, permit to beobtained from Electrical SIC and job needs to be carried out as per his written

instructions. Before obtaining permit, Insulation Resistance test to be carried out and report to be furnished to Electrical Shift In charge .The Contractor must furnish all the document as per QAQC procedure of the Electrical works.

• All temporary switchboards put up at work site should be suitably protected from

rain and the level of it should be enough to avoid contact with water due to water logging.

• Use only proper rated HRC fuses. Don’t overload any equipment or system.

Overloading of equipment may create overheating which ultimately led to fire hazard. ELCB for all temporary connections must be provided. Use insulated 3-pinplug tops.

• Industrial type extension boards and Plug sockets are only to be used.

• Use spark-proof / flame proof type electrical fittings in Fire Hazard zones as per

area classification under OISD-STD-113.

• All temporary cables should be laid at least 750 mm below ground and cable

markers should be provided. Proper sleeves should be provided at road crossings.Termination should be done using glands and lugs of proper size and adequately

crimped.


• Illuminate suitably all the work areas. Hand lamps should be of 24V rating.

• All switchboards should be of steel only. Incoming source should be marked.

• Fire extinguishers (DCP/CO2/Sand buckets) should be kept near switchboards used for construction purposes. Don't use water for fighting electrical fires.

• Electricians should be provided with approved and tested tools, and personal

protective equipment such as rubber gloves, mats etc.

• RCCB or ELCB should be provided as per Indian Electricity Rules used wherever required. A Residual Current Operated Circuit Breaker (RCCB) or Earth Leakage

Circuit Breaker (ELCB) protects a human being to the widest extent.

• Notices displaying important electrical safety information should be kept exhibited

at suitable places:

4.6 DEMOLITION

Demolition of any building or structure might cause accident or damage property. As such, all necessary precautions, methods and procedures should be adopted for demolition and disposal of waste or residues. The work should be planned and undertaken only under the supervision of a competent person after obtaining necessary permit. All hazards and risks involved in the process must be identified. A duly approved job safety plan must be available with the Contractor before commencement of any demolition job.

• Before any demolition work is commenced and also during the progress of the work, all roads and open areas adjacent to the work site shall either be closed suitably protected.

• All electric, hydrocarbon and utility service lines near the site should be shut off or adequately protected against damage before work commences.

• As far as practicable, the danger zone round the site should be adequately fenced off.

• Demolition activities should not be continued under adverse climatic conditions such as high winds, which could cause the collapse of already weakened structures.

• Structures should not be left in a condition in which they could be brought down by wind pressure or vibration.

4.5 WORK OVERHEAD / HOSTING EQUIPMENT

Accidents do happen while working overhead or due to failure or unsafe use of hoisting equipment. As such, adequate care must be taken to prevent it. The following are some of the precautions to ensure safety of the workmen engaged by the Contractor.


i Contractors involved in handling of any material overhead must install necessarybarricades, warning signs or take any other steps necessary to prevent others from walking / standing beneath the load.

ii. All equipments like crane, chain blocks, sling, rope including all other material handling equipments must have valid load test certificates.

iii. If handrails are temporarily removed from platforms, stairways, etc., the resulting openingshould be protected by extending rope line or by any other suitable device.

iv Contractors must safeguard their workmen on all overhead work by ensuring suitable construction and erection of ladders & scaffolding. Contractors must also take measures tosafeguard person on ground against objects falling from the work above.

v Hoisting machines, tackles including their attachments, anchorage & supports must conform to the good mechanical construction, sound materials and adequate strength and free from patent defect and shall be preserved in good condition.

vi Every crane driver or hoisting appliances operator shall be properly qualified and no person below the age 21 years should be in charge of any hoisting machine.

vii Every hoisting machine and all gears shall be plainly marked with the safe working load. No part of any machine or gear shall be loaded beyond the safe working load.

viii In case of owner’s machine, the safe working load shall be notified by EIC. ForContractor’s machines, the Contractor shall notify the safe working load to EIC.

vi Motors, gearing transmission, electric wiring and other dangerous parts of hoistingappliances should be provided with safe guards.

ix Permission must be obtained from EIC before any person is allowed to work on an asbestos roof with all fall arresting appliances. When working on asbestos covered roofs, proper boards must be used to support your weight-crawling boards or cat ladders.

4.8 USE OF OWNER’S EQUIPMENT & MACHINERY

4.8.1 Use of Owner’s Equipment:

i. Owner’s equipment must not be handled or tampered with by the Contractor &Contractor’s employees. Owner may grant permission to Contractor to operate hisequipment, if so require, but Contractor shall not use Owner’s equipment and tools withoutobtaining permission from Owner’s representative.

ii. Contractor shall assume full responsibility for proper care of Owner’s equipment and tools, which are made available to them for the execution of their work and ensure to return such equipment and tools in good working order. Owner will recover from Contractor’s full cost of repairs to or replacement of equipment or tools in the event some damage is occurred due to improper use while in Contractor’s custody.


iii. Contractor is not permitted to make use of the Company’s transport, unless special permission is obtained from competent authority.

iv. Work of private nature using Company’s or Contractor’s equipment and / or materials is not to be performed in the Refinery site.

v Tie -in to Owner’s Equipment / System : Contractor shall not open or tie -in their work into Owner’s existing pipeline, equipment, sewer systems, electrical power circuits, and other process equipment without specific approval from the Owner’s representative.

vi Safety Equipment :

• All Contractors’ must return the safety equipment loaned to them as soon as the work is completed. Loss or damage to this equipment will be charged.

• Safety equipment, barricade ribbon, no entry sign board, etc given during any job as per job safety plan must be removed immediately once job is over. Continuing with suchequipment even after completion of work shall also be treated as violation of safety norms.

4.9 TEMPORARY OFFICE / SHED

Temporary construction inside Refinery / Marketing Terminal Premises is normally not permitted. However, for a specific period if such shed is required for any construction / maintenance job, it may be permitted provided it meets some specific requirements apart from meeting the requirement of IS 8758. Therefore temporary construction should be done once it is approved by the EIC. In general temporary construction should have access, exit & entry and fire protection facilities. Normally temporary sheds will be allowed only in the hillock east of Fire Station. The following are to be followed for getting permission.

i The Contractor should submit formal application for making temporary shed insideRefinery / Marketing Terminal to EIC who in turn take approval from MaintenancePlanning. MP will route it Civil Maint, Electrical Maint and F&S for comments. The details like work order reference, purpose, size & shape, materials of construction, duration, location, power requirement & single line diagrams, etc should be submitted to EIC in the format indicated below.

ii The shed so constructed should not be at the cost of safety, security or aesthetics. Torn / rusted / repaired items should not be used for construction. The Contractor must ensure housekeeping aspect.

iii. Power connection should be done only after approval by Electrical Maintenance Section.

4.9.1 Format / Checklist for applying for Temporary shed Construction:

Sl. Description Remarks1 Name of the Contractor / Contact person / Contact details

2 Description of the Job

3 Name of the Department / Name of EIC4 Purpose for which the shed is required.

6 Location should be made in a plot plan showing distances from all


major structures, hazardous units etc.

7 Size & materials of construction of the shed. (enclose sketch)8 Single line diagram. (enclose sketch)

9 Duration / timing of work inside the shed.10 Approximate duration for which the shed is required.

11 Fire Protection Measure, if any. 12 An undertaking to the owner that the temporary office shall not be used

for any other purposes other than execution or managing execution of specific work as per agreed contractual terms with the owner.

5.0 STATUTORY / OISD GUIDELINES:

Contractors and their supervisors must acquaint themselves with all the relevant statutoryguidelines like Factories Act and Assam Factories Rule, Indian Explosives Acts and Rules, Petroleum Acts and Rule, Indian Electricity Acts and rules, relevant IS codes, etc. relating to safety while working inside a hazardous industry like Refinery, Marketing Terminal & LPGBottling plants. Copies of such statutory guidelines must be available with the Contractor as ready reference. Copies of OISD guidelines 105, 113,155, 192, 207, etc may be made available as and when required for reference by the Contractors.

--------------------------- x ---------------------------

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General Purchase Conditions (Imports)

Definition :

1) NRL means Numaligarh Refinery Limited.

2) �Vendor� means a Person or Firm or Company, to whom the order is addressed, for supply of goods and/or

services.

3) Bankers : Unless otherwise specified, NRL�s banker at Guwahati, Assam (India), shall be : State Bank of

India, GMC Branch, Bhangagarh, Guwahati, Pin : 781005, Bank Code : 0077.

4) NRL�s banker at Numaligarh, Assam (India), shall be : State Bank of India, NRL Complex, P.O. NR

Project, Pin : 785699, Dist. Golaghat, Assam. Bank Code : 5377.

5) NRL's banker for currencies of other countries : State Bank of India, Commercial Branch, Bee Kay Tower,

Ganeshguri, Guwahati, Assam, India, PIN - 781006, Fax No. +91 361 2231825 Tel. No. +91 361 2231745.

1. Price Basis Prices shall be quoted on FOB (FAS in case of USA) Port/Airport of Despatch,

The quoted prices must be inclusive of sea/air-worthy packing and forwarding

charges, inland freight, loading, insurance and all taxes, duties, levies, bank

charges, stamp duties etc. upto FOB Port/Airport of despatch.

Ocean/Air freight upto India, transit insurance, all taxes, duties, levies, bank

charges, stamp duties etc. payable in India shall be borne by NRL.

2. Firm Price The price quoted shall remain firm and fixed till complete execution of the order.

3. Payment Term Unless otherwise agreed, the payment term shall be - 100% through irrevocable

Letter of Credit against despatch documents through bank.

4. Performance Bank

Guarantee (PBG)

PBG for 10% of Total Order Value (if required as per enquiry documents), shall

be furnished as per proforma enclosed and shall be either through the branches of

Indian Public Sector Banks operating in your country or counter guaranteed by the

branches of these banks in your country.

The PBG shall be furnished alongwith acceptance copy of the Purchase Order and

shall be valid till expiry of the guarantee period. Letter of Credit shall be

established only after receipt of the acceptance copy of the Purchase Order

alongwith the PBG (if applicable).

5. Delivery Period &

Delayed Delivery

The delivery period quoted/agreed shall be strictly followed. Failing supplies in

time, NRL reserves the right to cancel the order and take alternative procurement

action solely at the risk and cost of the vendor.

In case of delay in execution of the order, NRL may at its option, recover from the

vendor a price reduction of 0.5% of the value of delayed goods per week of delay

or part thereof subject to a maximum of 5% of the total order value of goods.

6. Force Majeure �Force Majeure� shall mean and be limited to the following : �War/Hostilities,

Riot or Civil Commotion, Earthquake, Flood, Tempest, Lightning or other natural

physical disaster, Strike or Lock-out (only those exceeding 10 continuous days in

duration) affecting the performance of the vendor�s obligations, Restrictions

imposed by the Government or other statutory bodies which prevents or delays the

execution of the order.

7. Weights &

Measurements

All weights and measurements recorded by NRL on receipt of materials shall be

treated as final and binding.

8. Packing, Marking

Shipping &

Documentation

All consignments must be securely and appropriately packed and should conform

to Standard Material Transport Regulations. The vendor will be held liable for any

damages to the goods due to insufficient or defective packing as well as for

corrosion due to insufficient protection.

Each package shall be clearly marked with indelible paint with the Purchase Order No., From (Name & Add.), To (Name & Add.), Port of Destination, Item

Net & Gross Weight, Case No. (Sl. No. of Total Cases) & Dimensions, and shall

contain copies of despatch documents and packing list.

Details given in the �Packing, Marking, Shipping and Documentation

Specification for Imported Materials� � enclosed with a Purchase Order, shall be

strictly followed.

Page 1 of 4

of 4 General Purchase Conditions (Imports)

9. Inspection &

Testing

The goods are to be inspected throughout the phases of production from raw

material to finished product by vendor�s own Works Inspector. Shipping

documents in respect of each consignment should be accompanied by a certificate

issued by Works Inspector indicating the tests conducted with results thereof as

required under the relevant specifications as indicated in the Purchase Order.

In addition, NRL or NRL�s authorised representative/agency shall have rights to

thoroughly inspect and test the goods at every stage of progress till such time as

the inspector may deem fit and to reject any or all goods which donot conform to

the specification of the Purchase Order and the inspector�s decision on every

question of intent and meaning of specification shall be final and conclusive. The

certificates issued by the said inspector to this effect shall form part of shipping

documents and clearly indicate the tests conducted with the results thereof as

required under the relevant specifications.

10. Guarantee Vendor shall guarantee NRL against any defects in design, workmanship of the

supplied goods and performance for a period of 12 months from the date of

commissioning/installation or 24 months from the date of last despatch,

whichever expires first. Should any defects develop during the guarantee period, it

should be remedied promptly free of cost by the vendor and all expenses for

transportation of goods necessitated for such repairs or replacement shall be borne

by the vendor. The guarantee period for such repaired/replaced goods shall again

be 12 months from the date of commissioning/installation.

11. Bill of Lading

(BL)/Airway Bill

(AWB)

BL/AWB shall be �clean� made in favour of Numaligarh Refinery Limited or

order of the bank (and not order of shipper) and the notify column should indicate

Numaligarh Refinery Limited, Numaligarh, Assam, India.

Immediately after shipment, two non-negotiable copies of BL/AWB shall be

air-mailed to �The Shipping Co-ordination Officer, Ministry of Shipping &

Transport, New Delhi � 110001.�

12. Statutory

Requirements

The following paragraph must be incorporated in the BOL/AWB and Invoices :

�The imports are covered under the Export and Import Policy 2004-2009. The

items donot fall under the �RESTRICTED ITEMS� of the Policy and hence no Import Licence is required. The items being imported also donot fall under the

�NEGATIVE LIST OF IMPORT� of the Policy.�

13. Port/Airport

Consignee

M/s Balmer Lawrie & Co. Ltd.,

A/c Numaligarh Refinery Limited,

21, Netaji Subhas Road,

Calcutta � 700 001. (Fax No. 091-033-22134698, 22225282).

NOTE : Vendor shall send two copies of shipping documents immediately after shipment by air-mail courier to the port consignee also apart from those sent to

NRL.

14. Ultimate Consignee M/s Numaligarh Refinery Limited,

Numaligarh Refinery Project Site, Numaligarh,

Dist. Golaghat (Assam), INDIA.

15. Shipping

Documents

a) Negotiable BL or AWB, as the case may be, evidencing shipment.

b) Invoice for Shipment.

c) Country of Origin Certificate from the Local Chamber of Commerce.

d) Packing List.

e) Certificate of Quality including Inspection Reports & Works Test

Certificates.

f) Shipping Release from Inspector or Quality Surveillance Agency nominated

by NRL for the purpose of Inspection (if applicable).

g) Certificate from the vendor certifying that in case of delay in delivery, price

reduction for same have been applied in the invoices submitted for payment.

The vendor shall be responsible for making available to NRL the documents

which are essential for arranging Customs Clearance in India. The vendor shall

arrange through his banker to have the documents air-mailed to NRL�s banker

without any delay.


If NRL incurs extra expenditure by way of penalty payable to the Port Trust

Authorities in India or any other such expenditure due to delay in receipt of

shipping documents, the vendor shall be responsible for making good such extra

expenditure incurred by NRL.

16. Distribution of

Documents

Invoices and other original despatch documents in case of direct payment by NRL

or, advance copies of despatch documents in case of thro� Bank payments, shall

be sent to the Finance, Commercial & Materials Deptt. of NRL .

17. Submission of

Drawings/

Documents

In all drawings/documents sent for NRL�s approval before delivery, the nominal

value must be declared in the invoices alongwith the following certification :

i) The drawings/documents have no commercial value.

ii) Value declared is for customs purposes only.

iii) Drawings are sent for checking and shall be returned back.

In all drawings/documents sent subsequently, either of the following actions are to

be taken :

i) All final drawings/documents to be sent alongwith consignments and

incorporated in the packing list/invoices alongwith a declaration that the

value of the documents are included in the value of the equipment.

ii) All final drawings/documents to be sent separately after the delivery of

equipment with nominal value declared in the invoices alongwith the

following certification :

a) Drawings/documents have no commercial value.

b) Value declared is for customs purposes only.

18. Repeat Order Repeat Order shall be acceptable to the vendor within 6 months from the date of

the Basic Order at the same prices, terms & conditions as that in the Basic Order.

19. Part Order Part Order shall be acceptable to the vendor. However, the quantity mentioned in

the enquiry documents for each item shall be ordered on one vendor. All

applicable lumpsum charges, if any, shall be pro-rata on value basis.

20. Changes in Terms

& Conditions

NRL reserves the right to make changes at any time in quantities of items ordered

or in specification and drawings. If such changes cause an increase or decrease in

the amount due or in the delivery period , an equitable adjustment shall be made.

Any claim for adjustment under this provision must be assessed within 10 days

from the date when the changes are ordered by NRL.

21. Conflict among

other Terms and

Conditions

In case of conflict between these General Terms & Conditions and any other

special or typed conditions agreed to for a particular order, the latter shall prevail

to the extent applicable.

22. Non Assignment The Purchase Order shall not be assigned by the vendor to any other party without

prior written permission from NRL.

23. Arbitration In case of any question, dispute or difference whatsoever arising between NRL

and vendor, it shall be endeavoured to settle the same amicably, failing which

either party may forthwith give to the other notice in writing on the existence of

such question, dispute or difference and the same shall be referred to the

adjudication of two arbitrators � one to be nominated by NRL and the other by the

vendor or, in the case of the said arbitrators not agreeing, then to the adjudication

of an Umpire to be appointed by the arbitrators. The award of the arbitrators, or in

the event of their not agreeing that of the Umpire shall be final and binding on the

parties and the provisions of the Indian Arbitrtion and Conciliation Act, 1996 and

the Rules thereunder and any statutory modification thereof shall be deemed to

apply and be incorporated in the order. The venue of such Arbitration shall be

Guwahati, Assam, India.

Upon every such reference, the cost of and incidental to the reference and award

respectively shall be at the discretion of the Arbitrator or of the Umpire as the case

may be, who may determine the amount thereof and direct the same to be taxed as

between solicitor and client, or as between party and party and shall direct by

whom and to whom and in what manner the same shall be borne and paid.


Work under the order shall be continued by the vendor during the Arbitration

proceedings, unless otherwise directed in writing by NRL or unless the matter is

such that the work cannot possibly be continued until the decision of the

arbitrators or by the Umpire as the case may be, save as those which are otherwise

expressly provided in the order, no payment due payable by NRL shall be

withheld on account of such arbitration proceedings unless it is the subject matter

thereof.

24. Spare Parts Before going out of production of the spare parts, the vendor shall give adequate

advance notice to NRL so that NRL may order requirements, if it so desired.

Further, the vendor shall guarantee that in the event of going out of production of

spare parts, the blue prints, drawings of spare parts and specification of materials

shall be furnished at no extra cost to NRL in order to enable NRL fabricate or

procure the spare parts from other sources.

The provision of the above clause shall remain effective and binding upon the

vendor till the plant/machinery/equipment/instrument supplied under the order is

in use by NRL.

25. Offer Validity The vendor�s offer shall be valid for acceptance for a period of 4 months from the

final due date of the enquiry.

26. Service applicable

with procurement

Service portion like Erection/Installation/supervision/Testing/Trial

Run/Commissioning/Training/ after sales service etc. wherever applicable with

the procurement, shall be quoted separately by overseas vendor. If the service

portion is to be done by any Indian counterpart, it shall be quoted only in Indian

Rs. A separate service PO shall be placed on the Indian Counterpart for the

service portion.

27 Indian Agent An Indian Agent cannot represent two foreign suppliers or quote on their behalf in

a particular tender.

Agency Commission if applicable, should be mentioned separately and will be

paid only after registration with DGS&D, New Delhi. The commission payable to

the Indian agents of foreign suppliers should be made only in Indian Currency.

***


Packing, Marking, Shipping and Documentation Specifications for IMPORTED Materials

1.0 GENERAL :

This specification forms an integral part of the Purchase Order in addition to specifications drawings and

instructions explicitly listed in the Purchase Order. These details shall be strictly adhered to & any loss to

NRL arising out of non-compliance (unless authorised differently) shall be to vendor�s account.

2.0 PACKING :

2.1 Packing shall withstand hazards normally encountered with the means of transport for the goods of the

Purchase Order including loading/unloading operation both by crane and by pushing off. All packaging

shall be done in such a manner as to reduce volume & weight as much as possible, without jeopardising the

safety of the material. All packing materials shall be new and unless otherwise specified, shall be packer�s

standard for export shipments.

2.2 Fragile articles should be adequately packed with special packing materials depending on type of materials.

2.3 Chemicals in powder form, Catalysts, Refractories and like materials shall be packed in drums only.

2.4 The hazardous materials shall be packed in accordance with the applicable rules, regulations and tariff of

all cognizent Governmental Authorities and other Governing bodies . It shall be the responsibility of the

vendor to designate the materials as hazardous and to identify each material by its proper commodity name

and its hazardous material class code.

2.5 Pipes shall be packed as under:

a) Up to 50mm NB in wooden cases/crates.

b) Above 50mm NB and up to 100 mm NB in bundles and the bundles should be strapped at

minimum three places.

c) Above 100mm NB in loose.

Individual cases/bundles must contain the pipes of same size and length. End should be capped.

2.6 Pipes/tubes made of stainless steel , copper etc. shall be packed in wooden cases irrespective of sizes.

2.7 All delicate surface on equipment/material should be carefully protected and painted with protective paint

/compound and wrapped to prevent rusting and damage.

2.8 All mechanical & electrical equipment and other heavy articles should be securely fastened to the bottom

of the case and shall be blocked and braced to prevent movement and damage.

2.9 All packages requiring handling by crane should have sufficient space at appropriate place to put sling of

suitable dia (strength). Iron/steel angle should be provided at the place where sling markings are made to

avoid damage to package/equipment while lifting.

2.10 All threaded fittings and pipes should be greased and provided with plastic caps.

2.11 Attachments and Spare Parts of equipments and all small pieces shall be packed separately in wooden cases

with adequate protection inside the case and wherever possible should be sent alongwith the main

equipment. Each item shall be tagged so as to identify it with the main equipment and part number and

reference number shall be indicated.

2.12 All protrusions shall be suitably protected and openings shall be blocked by wooden/steel covers as may be

required.

2.13 Wherever required, equipments/materials shall be packed in polythene bags and silicagel or similar

dehydrating compound shall be put inside the bags to protect them.

2.14 The vendor shall be held liable for all damages or breakage to the goods due to the defective or insufficient

packing as well as for corrosion due to insufficient protection.

2.15 Detailed casewise packing list in waterproof envelope shall be inserted in each package together with

eqipment/material. One copy of �Detailed packing list� shall be fastened outside of the package in

waterproof envelope and covered by metal cover. In case of bigger dia. pipes and large equipments,

documents contained in the envelope shall be fastened inside a shell connection with an identifying arrow

sign � �Documents� applied with indelible paint.

Contd�2


2.16 Packaged equipments or materials showing damage, defects or shortages resulting from improper

packaging materials or packing procedures or having concealed damages or shortage at the time of

unpacking, shall be subject to rejection and replacement at no additional cost to NRL.

3.0 MARKING :

3.1 Each package shall be marked on three sides with proper paints/indelible waterproof ink as follows :

N

R L

VIA (Name of Port) INDIA

Purchase Order No. ��..

Net Wt. �� Kgs. Gross Wt. ��.. Kgs.

Dimensions ��. Package No. (Sl. No. of Total Packages) ��.

Tag / Item No. ��..

Country of Origin �� Shipper�s Name ��.

3.2 A distinctive colour splash in three strips of Green, Yellow and Red around each package and on corners

of pipes and plates shall be given to facilitate identification.

3.3 Additional marking such as �HANDLE WITH CARE�, �THIS SIDE UP�, FRAGILE� or any other

additional indications for protection and safe handling shall be added depending on the type of the

materials. All cases shall bear warning sign on the outside denoting �CENTRE OF GRAVITY� and

�SLING MARKS�.

3.4 Letters, figures, marks etc. used for marking shall be stencil printed. Handwriting should be avoided as far

as possible. Size of letter shall be optimum for each package dimensions.

3.5 In case of bundles or other packages wherever marking cannot be stenciled, the same shall be embossed on

metal or similar tag and wired securely at minimum two convenient points and both ends shall be

protected/covered with gunny bags upto 18 . In case of loose pipes, sticker of above markings should be

pasted on inner wall corner of each pipe on both sides.

4.0 SHIPMENT :

All shipment of materials shall be made by First class direct vessels. All shipments shall be under deck

unless carriage on deck is unavoidable.

5.0 DOCUMENTATION :

5.1 All documents shall be in English Language

5.2 DOCUMENTS REQUIRED BEFORE SHIPMENT :

Two months before the contractual delivery date, proforma packing lists and sketches of Over Dimensional

Cargo (two sets) shall be air-mailed to NRL

The Over Dimensioned Cargo shall mean any package exceeding any of the following limits :

WEIGHT : 20 MT

LENGTH : 10 METERS

WIDTH : 2.5 METERS

HEIGHT : 2.5 METERS.

Contd �3


5.3 DOCUMENTS REQUIRED AFTER SHIPMENT :

5.3.1 Vendor shall air-mail the shipping documents stated here-in-below after the shipment has been made so

that the same are received at least two weeks prior to the arrival of vessel at destination Port. Copies to Port

Office must be sent immediately through International Courier.

The vendor shall be fully responsible for any delay and/or demurrage that may become payable at

destination Port on account of delay in transmittal of shipping documents.

Copy of Documents NRL Site NRL Guwahati NRL Kolkata

Bill of Lading

2

-

1

Commercial Invoice 2 - 1

Detailed Packing List 2 - 1

Freight Memo 1 - 1

Test Certificate 1 - 1

Country of Origin Certificate 1 - 1

Certificate of Measurement & Weight 1 - 1

Catalogue and/or Drawing 1 - 1

Payment Certificate (as per proforma

appended below)

1 - 1

NOTE : I) In addition to above, complete set of original documents are required to be sent to NRL

through Bank in terms of Credit.

II) Proforma for payment certificate.

TO WHOM IT MAY CONCERN

THIS IS TO CERTIFY THAT AGAINST PURCHASE ORDER NO. ��

DATED �� WHICH INCLUDES AMENDMENT ORDER (IF ANY) NO.

�� DATED�� PLACED BY M/S NUMALIGARH REFINERY

LIMITED WE HAVE RECEIVED (*) PART/FULL PAYMENT OF ��..

THROUGH LETTER OF CREDIT NO�� OPENED BY

��.(*) PLUS EQUIVALENT OF �� IS

PAYABLE TO OUR INDIAN AGENT M/S �� IN INDIAN

RUPEES AS PER PURCHASE ORDER.

(*) DELETE WHICHEVER NOT APPLICABLE.

5.3.2 In case of air shipment, one set of non-negotiable documents consisting of Commercial Invoice (ink

signed), Packing List, Country of Origin Certificate, Technical Literature shall be handed over to Airlines

with the instructions that the same should be handed over alongwith cargo arrival notice and copy of airway

bill to destination Airport notify party.

5.4 BILL OF LADING

Bill of Lading shall be �Clean on Board�. Ocean Bill of Lading shall be made in favour of Numaligarh

Refinery Ltd. or order of the bank (and not order of the shipper).

5.5 COMMERCIAL INVOICE

Commercial Invoice shall inter-alia, indicate (i) PO No. & Date (ii) Import Licence Number (iii) Customs

Contract Registration Reference (to be intimated later) and (iv) Country of Origin Certificate. Besides, the

description of goods in the invoice, shall be in conformity with the description of goods given in the

Purchase Order. Invoice value shall be for the materials actually shipped . In case of chemicals/hazardous

cargo, Flash-Point should be indicated in all documents and separate certificate giving composition and

Flash-Point shall be sent.

Contd � 4


5.6 PACKING LIST

Packing list must show, apart from other particulars, actual contents in each case, net and gross weights and

dimensions and the total number of packages.

In case of Pipes and Plates in bundles, number of Pipes/Plates with individual length in each bundle must

be indicated.

6.0 SHIPPING ADVICE

6.1 Within 24 hours after shipment, the vendor shall send shipping advice by way of fax to NRL giving

particulars of the shipment, Vessel�s name/Airlines, Flight number and date on which material actually left

(and not tentative flight number and date), Port of Shipment, Bill of Lading number and date, contents in

brief, Purchase Order number, total FOB value, number of packages, total gross weight, ETD & ETA of

vessel. In case of air shipment through consolidation services, information must contain both Master

Airway Bill No. and House Airway Bill No..

6.2 In case free replacement/supply of Components/Parts, the vendor shall advise by fax above despatch

particulars along with specific statement �Free Supply�, Value for Customs purposes only and particulars of

original shipment i.e. Vessel�s name, Bill of Lading No. and date, Invoice Number etc. and send to NRL.

7.0 TRANSIT RISK INSURANCE

All equipment/material shall be insured against all marine and transit risks on warehouse-to-warehouse

basis by NRL. However, the vendor shall ensure that the effecting shipments clean Bill of Lading is

obtained and carriers responsibility is fully retained on the carrier so that consignees interests are fully

safeguarded and are in no way jeopardise.

8.0 SHORT SHIPMENTS

Vendor should thoroughly check all items packed before shipment. If any item(s) are found short packed

in sound boxes on examination at NRL site by NRL, vendor shall be responsible to supply short packed

items free of charge on receipt of advise from NRL. Vendor shall also be responsible to bear the import

duty levied by Indian Customs on such short packed items.

9.0 Vendor shall advise freight forwards to indicate on the bill of lading/airway bill that the subject import into

India is as per provision under para 80 of Hand Book of Procedures (April 1990 - March 1993) of Import

& Export promotion.

***


General Purchase Conditions (Indigenous)

Definition :

1. ‘NRL’ means ‘Numaligarh Refinery Limited.’

2. ‘Vendor’ means a Person or Firm or Company, to whom the order is addressed, for supply of goods and/or

services.

3. Banker : Unless otherwise specified, NRL’s banker at Numaligarh shall be : State Bank of India, NRL

Complex, P.O. NR Project, Pin : 785699, Dist. Golaghat, Assam. Bank Code : 5377.

1. Price Basis Prices are to be quoted on FOT NRL Site, Numaligarh basis (or, FOT NRL

Guwahati/New Delhi/Calcutta basis, as the case may be) showing break-up of taxes,

duties, packing & forwarding, freight and transit insurance charges, (all in % age).

2. Firm Price Quoted prices shall remain firm and fixed till complete execution of the order.

3. Payment Term Unless otherwise specified/agreed, the payment term shall be “100% within 30 days of

receipt and acceptance of goods.”

4. Weights &

Measurements

All weights and measurements recorded by NRL on receipt of materials shall be

treated as final and binding.

5. Qty. Tolerance For Steel Items, ± 0.5% qty. tolerance for weigh bridge scale variation or, std. rolling

tolerance (as applicable) for sectional weight measurements shall be permissible.

6. Transportation Unless otherwise agreed upon, transportation of goods upto the specified destination

shall be in vendor’s scope.

7. Despatch Unless otherwise specified, all LR/RR etc. must be in the name of Numaligarh

Refinery Limited and not ‘Self’. Any demurrage or wharfage paid by NRL to the

carriers due to consignments being booked as ‘Self’ will be recovered from the

vendor. No consignment shall be booked on ‘Said to Contain’ basis. If so, it will be at

vendor’s own responsibility and risk.

8. Packing,

Marking

Shipping &

Documentation

All consignments must be securely and appropriately packed and should conform to

Standard Material Transport Regulations. The vendor will be held liable for any

damages to the goods due to insufficient or defective packing as well as for corrosion

due to insufficient protection.

Each package shall be clearly marked with indelible paint with the Purchase Order

No., From (Name & Add.), To (Name & Add.), Destination, Item Net & Gross Weight,

Case No. (Sl. No. of Total Cases) & Dimensions, and shall contain copies of despatch

documents and packing list.

Details given in the “Packing, Marking, Shipping and Documentation Specification for

Indigenous Materials” – wherever enclosed with a Purchase Order, shall be strictly

followed.

9. Test Certificate Test certificate of representative samples conforming to PO specifications from the

manufacturer/Govt. approved laboratory/NRL nominated agency must be furnished

alongwith supplies.

In case of 3rd

Party Inspection, the Inspection Reports must accompany all despatch

documents as well as supplies.

10. Guarantee Vendor shall guarantee NRL against any and all defects in design, workmanship of

material and performance for a period of 12 months from the date of

commissioning/installation or 24 months from the date of last despatch, whichever

expires first. Should any defects develop during the guarantee period, it should be

remedied promptly free of cost by the vendor and all expenses for transportation of

goods necessitated for such repairs or replacement shall be borne by the vendor. The

guarantee period for such repaired/replaced goods shall again be 12 months from the

date of commissioning/installation.

11. Insurance

Charges

Transit insurance shall be in NRL’s scope only when specifically agreed upon. In such

cases, vendor shall intimate despatch details and value of goods in advance per fax for

transit insurance coverage.

12. Bank Charges Unless otherwise specified, in case of payment through bank, respective bank charges

shall be to respective account.

13. Offer Validity The vendor’s offer shall be valid for acceptance for a period of 90 days from the final

due date of the enquiry.

Page 1 of 2

of 2

[ NUMALIGARH REFINERY LIMITED

General Purchase Conditions (Indigenous) ]

14. Taxes & Duties In case of applicability of Excise Duty (ED), relevant ED paid challan-cum-invoice

must accompany supplies. For claiming Sales Tax, particulars of Sales Tax registration

certificate shall be furnished alongwith invoices.

Statutory variation in taxes & duties within the contractual delivery period shall be

borne by NRL.

However, in case of delay on a/c of vendor, any new or additional taxes & duties

imposed after the contractual delivery date shall be borne by the vendor.

NRL’s CST Regd. No. : GAU(C )/C-2705. PAN No. : AAA CN 6984B

Excise Regd. No. : 1/CH-27/GLT(060202)/94; ECC : 060204001P; Excise Range :

Golaghat – 1 (Assam); Division : Jorhat (Assam); Collectorate : Shillong

(Meghalaya).

15. Delivery Period

& Delayed

Delivery

The delivery period quoted/agreed shall be strictly followed. Failing supplies in time,

NRL reserves the right to cancel the order and take alternative procurement action

solely at the risk and cost of the vendor.

In case of delay in execution of the order, NRL may at its option, recover from the

vendor price reduction of 0.5% of the value of delayed goods per week of delay or part

thereof subject to a maximum of 5% of the total order value of goods.

16. Repeat Order Repeat Order shall be acceptable to the vendor within 6 months from the date of the

Basic Order at the same prices, terms & conditions as that in the Basic Order.

17. Part Order Part Order shall be acceptable to the vendor. However, the quantity mentioned in the

enquiry documents for each item shall be ordered on one vendor. All applicable

lumpsum charges, if any, shall be pro-rata on value basis.

18. Changes in

Terms &

Conditions

NRL reserves the right to make changes at any time in quantities of items ordered or in

specification and drawings. If such changes cause an increase or decrease in the

amount due or in the delivery period, an equitable adjustment shall be made. Any

claim for adjustment under this provision must be assessed within 10 days from the

date when the changes are ordered.

19. Right of

Rejection

NRL reserves the unfettered right to reject any or all offers without assigning any

reasons thereof.

20. Arbitration Any dispute whatsoever in any way arising out of or relating to a Purchase Order shall

be referred to arbitration of the Chief Executive of Numaligarh Refinery Limited or,

to the sole arbitration of some person nominated by him. There shall be no objection if

the arbitrator so appointed happens to be an employee of NRL. The award of the

arbitrator shall be final, conclusive and binding on all parties.

21. Jurisdiction Any dispute relating to the purchase of goods between NRL and vendor shall be

subject to the jurisdiction of a Court of Law situated in the State of Assam.

22. Acceptance of

Order

In the event of order being placed, the vendor shall acknowledge receipt and

acceptance in toto to the Purchase Order by signing and returning the duplicate copy

within 10 days from the date of the order, failing which, the Purchase Order shall be

deemed to have been accepted by the vendor in toto.

23. Distribution of

Documents

Invoices and other original despatch documents in case of direct payment and advance

copies of despatch documents in case of thro’ Bank payments, shall be sent to the

Finance, Commercial & Materials Deptt. of NRL individually.

24. Conflict among

other Terms

and Conditions

In case of conflict between these General Terms & Conditions and any other special or

typed conditions agreed to for a particular Purchase Order, the latter shall prevail to the

extent applicable.

25. Non

Assignment

The Purchase Order shall not be assigned by the vendor to any other party without

prior written permission from NRL.

26. Control

Regulations

Vendor shall arrange for supply and despatch in strict conformity with the control

regulations applicable and after obtaining permits, if any, under the regulations in

force from time to time.

27. Govt. Policy The existing policy of the Government of India with regard to Purchase Preference to

Public Sector Enterprises shall be applicable.

***

BHARAT PETROLEUM CORPORATION LIMITED

Central Procurement Organisation (Refineries)

FORM B

FORMAT FOR ACCEPTANCE, COMPLIANCE, DEVIATIONS AND EXCEPTIONS

A NAME OF WORK : RIM SEAL FIRE PROTECTION SYSTEM AT NUMALIGARH REFINERIES LTD.

B COLLECTIVE RFQ No. /

E-tender Ref. No. CRFQ NO. 1000164021. E-tender Ref. No. 9095.

C NAME OF BIDDER :

TABLE – 1.

Sl.

No. DOCUMENT

ACCEPTED

WITHOUT ANY DEVIATIONS WITH DEVIATIONS

1 GENERAL CONDITIONS OF CONTRACT

2 TECHNICAL SPECIFICATIONS

3 ANNEXURES AND DRAWINGS

4

5

6

Note:- Bidders are required to confirm acceptance of all terms and conditions mentioned in the tender document. Signed, stamped and scanned

copies of tender RFQ, Scope of Work, and special Conditions of Contract (SCC) are to be uploaded in the web. The format given above in Table 1

(given above) is to be filled for all other documents. Any deviations, taken may be stipulated deviations in the format given in Table 2 (given below).

TABLE – 2.

DEVIATIONS/ EXCEPTIONS

Sl. No. Bid Document Reference

Subject Deviation Page Clause

1

2

3

I/We confirm that I/ we have studied all the Terms and Conditions of the RFQ/ tender document, including Scope of Work, Special Conditions of

Contract (SCC), General Conditions of Contract (GCC), drawings, annexures, etc., and confirm our acceptance of the same except for the clauses

mentioned above in this deviation form.

In case our offer is successful, we will submit hard copies of all documents duly signed and stamped on all pages.

___________________________

SIGNATURE WITH NAME & ADDRESS, SEAL AND DATE.

Note:

1. Filling up and submission of this form is mandatory.

2. If a document is accepted without any deviation, the vendor is required to put a tick mark in the respective column against the

document. If there are deviations, the vendor is required to put a tick mark in the respective column against the document and indicate

the deviation(s) in the format given for indicating the same.

3. Successful bidder is required to submit hard copies of all documents duly signed and stamped on all pages.


BHARAT PETROLEUM CORPORATION LIMITED

Central Procurement Organisation (Refineries)

INSTRUCTIONS TO BIDDERS ON E-TENDERING

1.0 GUIDELINE FOR E-PROCUREMENT SYSTEM:

Bharat Petroleum Corporation Ltd. has gone for online submission of bid through e-procurement system on

https://bpcl.eproc.in. Bidders are advised to read the Instructions for participating in the electronic tenders

directly through internet (Bid Submission Manuals are available on the above mentioned e-procurement site).

To participate on tenders hosted by BPCL on e-procurement site, bidders are required to have a digital certificate

and do “Enrollment” (Register on site) by creating one User Id on the above site.

Bidders shall make their own arrangement for e-bidding. The Un-priced Technical Bids along with all the copies of

documents should be submitted in e-form only through BPCL e-Procurement system. Before the bid is uploaded,

the bid comprising of all attached documents should be digitally signed using digital signatures issued by an

acceptable Certifying Authority (CA) in accordance with the Indian IT Act 2000. If any modifications are required to

be made to a document after attaching digital signatures, the digital signature shall again be attached to the

modified documents before uploading the same.

Late and delayed Bids / Offers after due date / time shall not be permitted in E-procurement system. However if

bidder intends to change the bid already entered may change / revise the same on or before the last date and time

of submission deadline. No bid can be submitted after the last date and time of submission has reached. The

system time (IST) that will be displayed on e-Procurement web page shall be the time and no other time shall be

taken into cognizance. Bidders are advised in their own interest to ensure that bids are uploaded in e-Procurement

system well before the closing date and time of bid. No bid can be modified after the dead line for submission of

bids.

BPCL shall not be responsible in any way for failure on the part of the bidder to follow the instructions. Further

BPCL in any case will not be responsible for inability of the bidder in participating in the event due to ignorance,

failure in Internet connectivity or any other reason. It is advised that the bidder uploads small sized documents

preferably (up to 5 MB) at a time to facilitate in easy uploading into e-Procurement site. BPCL does not take any

responsibility in case of failure of the bidder to upload the documents within specified time of tender submission.

Bidders are required to Login with their User ID & Password (along with Digital Certificate) on e-tendering site

(https://bpcl.eproc.in), then click on “Dashboard”, click on “Action” button against required Tender, If the

required tender number/ details are not available in the first displayed page, then they can click on “more”

button, for proceeding to next page(s). They will get “Download files” as well as “Tender Common Forms” on

the same page. For participating in tender and for download Tender Documents, click on “Participate”. In the

same menu, one can upload the scanned, signed stamped documents in “Edit Bid Common Forms”.


For downloading Java, please click on “Download JRE 6” on login page or more details about Bidding steps.

Also, “New User Instruction Manual” from log in page can be referred.

Bidders are required to save / store their bid documents for each item into their computers before submitting their

bid into e-tender.

2.0 CONTACT PERSONS:-

FOR E-TENDERING RELATED ISSUES:

If tenderers need some clarifications or are experiencing difficulties while enrolling or while participating in this e-

Tender, please E-Mail to the following E-Mail ID along with the snapshots of the errors being faced:

To [email protected] & with a copy to: [email protected] (OR)

Contact the following helpdesk numbers: Tel: 022-32444300/ 65281885/86.

Mob : 90046 89622 / 93220 20100/ 99877 21680.

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CONTRACTORS SAFETY

MANUAL


2

CONTRACTOR SAFETY MANUAL

CONTENTS

Sr. No. Description Page no.

1. Introduction 1

2. Guidelines for Entry 1

3. Precautions against Fire 1-2

4. Action in case of Fire 2-3

5. Safety while working inside Refinery 3-4

5.1 General 3-4

5.2 Work permit system 4-5

5.3 Safety in hot works 5-7

5.4 Safety while working at heights 7-8

5.5 Safety in confined space 8-9

5.6 Safety in material handling 9

5.7 Safety in Electrical works 10

6.0 Personal Protective Equipment 11

7.0 Traffic Rules 11

8.0 Housekeeping 12

9.0 Action in case of accident / near miss incident 13

10.0 Supervisors’ responsibilities 14

3

1. INTRODUCTION

• As per HSE Policy of NRL, health, safety and environmental performance is an

integral part of the company's business and it is committed to carry out all activities

with highest concern for safety of plants and equipment, safety and health of everyone

concerned.

• Accordingly, contractors have to maintain highest standards of safety. Contractor shall

make all necessary arrangements as per safety rules/ regulations of NRL and also as per

statutory requirement.

• Contractor shall adhere to safe practices and take necessary precautions against

possible hazards.

2. GUIDELINES FOR ENTRY

• Entry is permitted to the contractor employees with valid photo gate passes.

• Produce gate pass whenever asked for by concerned refinery officials/ security staff.

• Following objects are not allowed inside refinery.

Match boxes, lighter and other similar objects, cameras, transistor, dry battery or

accumulator type of electric hand lamp or torch other than flame proof.

• Contractor's workmen must observe the working timings of the company unless they

are specially asked to come in special timings.

• Photography is strictly prohibited inside refinery except when permission granted by

designated NRL authority.

• Use of any communication means except phones/intercoms is prohibited

3. PRECAUTIONS AGAINST FIRE.

• Smoking is strictly prohibited inside refinery premises.

• Start any hot work only with a valid work permit.

• Follow the instructions mentioned in hot work permit.

• Keep fire-fighting appliances in sound and ready condition while working as

recommended for the work.

4

• Immediately inform non-availability of fire fighting appliance or its any defect to NRL

supervisors and Fire Station.

• Inform fire station if some appliance like fire extinguisher is used so that it can be

replaced immediately.

• Do not use fire water for other purposes without permission of Fire & Safety

department

• Do not obstruct Fire fighting appliances

• Non-sparking tools to be used in hydrocarbon areas.

• Area directly below any hot work should be securely protected from falling sparks,

spatters etc preferably by asbestos cloth/ running water shield.

• Before doing hot work near sewer manholes or connections, openings must be

effectively covered with materials like wet asbestos cloth.

• Prior to hot work in an area with dry and oily grass, the area should be wet down.

• Do not use matches on any other similar ignition source.

• Use only flameproof torches.

• Report oil leaks or other process material leak promptly to NRL supervisor or fire

station.

• Clean up immediately any oil spillage.

• Do not damage or move objects over fire hoses laid / kept.

• Inform immediately to NRL supervisor or Fire Station in case of suspecting any

imminent danger.

4. ACTION IN CASE OF FIRE.

• In case of fire or leakage of gas, inform fire station on telephone no. 333 or 444 and

break glass of manual call point.

• Inform your supervisor or the NRL supervisor with whom your are working.

• Stop hot work immediately. Stop tapping of firewater from hydrants.

• Try to extinguish the fire with first aid fire fighting equipment viz. Extinguishers. In

case of fire on electrical equipment, only DCP or CO2 should be used.

• Be available at incident site to guide the fire fighting crew.

5

• Siren Code :

Test siren : Straight run siren for 2 minutes at 7.00 am daily

Major Fire : Wailing siren for 2 minutes

Disaster : Wailing siren for 2 minutes thrice with gap of 2 minute

All Clear : Straight run siren for two minutes

• On hearing siren for Major Fire or Disaster :

- Stop all hot work immediately.

- Stop other uses of firewater.

- Stop your vehicle and park on left side of road (away from the incident site). Be

available with the vehicle

- Do not park in front of hydrant.

- Give way to fire tender.

- Be at your working place at a safe distance from incident site and wait for further

instruction from NRL supervisor.

- Do not crowd near the incident site.

5 SAFETY WHILE WORKING INSIDE REFINERY

5.1 GENERAL

• Follow standard practices and procedures. Do not go for short cuts.

• Do not indulge in horse playing during work.

• Do not walk on pipelines or railway tracks.

• Don’t wear oil soaked cloths.

• Wear gloves when handling sharp objects/ corrosive materials.

• Wear cotton protective suit. Avoid synthetic cloths, which may generate static

electricity.

• Don’t go near or operate any valve, switch, machinery etc. without instruction of

responsible refinery supervisor.

• Do not use compressed air for other than intended purposes like cleaning

• Do not wear loose clothing around machinery.

6

• Do not walk on or over any mechanical or rolled conveyor.

• Remove or bend unwanted nails and other sharp objects.

• Ensure machine guard over moving parts of machinery such as coupling, pulley, wheel

etc.

• Do not adjust or remove guard when machine is in operation.

• Securely fit the guard after maintenance of machinery and then only operate it.

• Don’t insert a bolt or nail in a chain to shorten it. The bolt or nail slip or break and am

accident results.

• Do not use machinery with defective / unsatisfactory electrical systems.

• Stop engines of mobile and stationary equipment like compressor, cranes before filling

fuel.

• All the engines must have good exhaust and muffler system and approved spark

arrestors to enter the Refinery area. Any equipment having defective exhaust system is

not allowed.

• Do not use highly inflammable liquid like naphtha or corrosive chemical such as

caustic soda or acid for cleaning purposes.

• Approved paint and rust removers may be used.

• Do not transport or store light products or corrosive chemicals in an open container.

• Automotive equipment equipped with a magneto, such as tractors, welding machines,

air compressor, cranes etc. should be cranked by grasping the crank with left hand, and

pulling one- quarter turn towards the person cranking.

• Obtain permit before using electrically driven appliances such as drills, grinders etc.

inside operational areas.

5.2 WORK PERMIT SYSTEM

• Work permit is a written authorisation for any job within refinery/ NRMT.

• Do not start any work without a valid work permit.

• Fulfil all permit conditions before start of work.

• Take up a hot work only after obtaining a hot work permit. Hot work includes welding,

burning, grinding, soldering, sand blasting, chipping, riveting, drilling, camera

flashing, use of power tools, internal combustion engine operation, vessel entry, open

flame and vehicle entry.

7

• Obtain cold work permit for cold jobs prior to commencement of work.

• The permit must be signed by authorised signatories for shift in charge, GSI,

performing authority & issuing authority.

• Hot work permits must be registered at Fire Station.

• Ensure compliance of all the recommendations/ actions as noted in the permit

• Only certified vehicles / engine driven equipment, electrical equipment and tools are

allowed in operating areas.

• The permit must be available at worksite all the times.

• Contractor should inform his workers about hazards and safe procedure.

• In case of doubt about any point mentioned in permit, contact NRL supervisor.

• Do not enter any confined space like tank, vessel, sump, or drain without work permit.

• Obtain hot work permit for vessel boxup.

• Obtain excavation permit for any excavation within the premises. Before actual

execution hot work permit must also be obtained. Keep both the permits at site.

5.3 SAFETY IN HOT WORK

• The whole refinery is designated as hazardous area, hence take utmost precautions

before starting any hot work.

• Do not take up a hot work without a valid hot work permit.

• Fulfil all permit conditions before start of work. Short cut is dangerous.

• Take care that sparks do not go outside working enclosure or falls below.

• Hot jobs are to be started within one hour of issuing of the permit.

• In case of stoppage / interruption of job, immediately report the same to the shift-in-

charge.

• Carry out hot works after taking all necessary precaution.

• Obtain fire hose/ extinguishers from F&S dept. on loan basis if required for hot work.

• Contractor's qualified supervisors should be present during hot work.

8

GAS CUTTING

• Do not move Acetylene, oxygen or LPG cylinders inside any confined space/ vessel.

• Keep acetylene cylinders in upright position.

• Avoid damage to cylinder and cylinder valve.

• Do not leave acetylene torch must not be left inside confined space.

• Keep protective valve caps on cylinders all the time except when in use.

• Never drop or hit gas cylinder while transporting / handling. Do not allow them to hit

each other.

• Do not drag the cylinders. Protect them from abrasions.

• Do not release Oxygen in confined space.

• Keep oxygen cylinders, regulators or hose away from oil/grease. Do not use them with

oily gloves/clothing.

• Acetylene must not be at pressure in excess of 15 pound per square inch.

• Do not store / place gas cylinders near hot equipment or lines. Protect cylinders from

direct heat and keep them in wet condition.

• Avoid contact of cylinders with electrical circuits.

• Do not keep cylinders on tank roofs.

• Keep good hoses free from joints.

• Store cylinders in a safe, dry and well-ventilated place.

• Do not keep oxygen and acetylene cylinder together.

WELDING.

• Welding jobs are to be done only by company approved qualified welders.

• Use approved welding shield while welding. Do not look at arc with naked eyes.

• Use flame resistant gloves and leather apron.

• Welding machines must be properly grounded before start of welding.

• Take power from approved source i.e. welding receptacles.

• Check welding receptacles for proper ground.

9

• Cables should be properly laid as directed.

• When plugging in or removing 440 volts arc welding machine connections, the power

supply lines must be disconnected first to prevent a flash.

• At the end of the workday, the machine must be disconnected from the main power

source.

• Welding cable must be maintained in good condition and repairs made as soon as

insulation shows signs of cracking. Cable joint must be permanent, sound and

foolproof insulation.

• Protect welding machines against rain etc. to avoid short circuit.

• Do not go for welding in wet surrounding and when gloves etc. of welder is wet.

• Connect earth connectors of welding machines securely to the job and not to the

adjoining pipeline or structure.

5.4 SAFETY WHILE WORKING AT HEIGHTS

• All works above 2 Mts. Height must be taken up with a valid permit.

• Cardon the area below working area at height.

• Provide ladder for easy access/ egress.

• Do not use empty drums as platform. Use suitable platforms

• Use safety belts of approved quality and good condition while working.

• Anchor its lifeline to an independent secured support capable of withstanding load of a

falling person.

• Hoisting ropes must be of good construction, sound material, and adequate strength

and free from defects.

SCAFFOLDS

• Scaffolds are elevated structures erected for carrying out any maintenance work.

• Use scaffoldings made of steel pipes. Erect it as per specification.

• Provide suitable platforms made of steel plates with toe board & railings to prevent fall

of men/materials. There should not be any gap between plates.

• Scaffolds must be checked by concerned engineer and safety officer before use.

• Do not use wooden / bamboo scaffolding inside refinery premises.

10

• Do not erect scaffolds in loose soil area or near an excavated area.

• Barricade the area during scaffolding erection.

• Provide hand railing of one metre height in platforms of scaffolds.

• Provide ladder to platform for ascending /descending purposes.

• Do not extend a scaffold to road side/ walkways. If extended provide red flag and flush

light for safe passage of traffic.

• Provide 2.2M head clearance for working safely.

• Do not overload a scaffold.

LADDER

• Do not use bamboo scaffolding or ladders

• Ladder must be placed at secure and level surface.

• It must extend 1.5 meter above the landing point..

• Use ladder of adequate length. Do not tie short ladders together.

• While climbing a ladder keep the hand tools securely to avoid their falling.

• Do not place metallic ladders near electric systems.

• Do not leave tools or materials at height where from they may fall.

• Securely tie all ladders of 6 Mts and above to the support to prevent its slipping.

Otherwise arrange for its holding by a person during use.

• Do not use ladders with missing or defective or insecurely attached rungs.

FRAGILE ROOF

• Do not take up work on asbestos/fragile roof without obtaining a valid permit.

• Remember that one may fall through fragile roof if sufficient precautions are not taken.

• Use ladders, duck ladders , crawling board for working at such roofs.

• Also use safety belt attached to permanent and secure support.

5.5 SAFETY IN CONFINED SPACE

• Do not enter a confined space without a valid permit.

11

• Gas tests for hydrocarbon, toxic gas, oxygen level are must before issuing/entering any

confined space.

• Ensure presence of minimum 19% oxygen in the confined space. Otherwise take all

precautions as mentioned in the permit like use of Breathing Apparatus set.

• Enter confined space only in presence of a responsible supervisor of NRL.

• When some equipment or vessel or manhole are opened, wait and enter it after

obtaining a permit.

• Ensure / provide sufficient means of entry and exit.

• Ensure / provide ventilation to remove welding fumes, dust, exhaust gases.

• Provide proper flameproof light for working inside confined space.

• Never enter confined space without a standby person outside.

• Enter with life belt with one end under control of stand by person stationed outside.

• Ensure provision and use of PPEs in good condition as required / specified in the

permit.

• Use all personal protective equipment including fresh air hose mask if hydrocarbon gas

concentration is more than 5 % of lower Explosive limit.(LEL)

• No one shall be allowed to enter any confined space even with a Fresh Air hose Mask

if the Gas concentration is more than 20 % of LEL.

• No one shall be allowed to enter a confined space if hydrogen sulphide or other toxic

gas is present.

5.6 SAFETY IN MATERIAL HANDLING

• All lifting tools, tackles, machines, chains, ropes etc. must be of sound material, sound

construction and should be maintained in good condition.

• Use the lifting tools/tackles of adequate strength for load to be handled.

• All parts including the working gears whether fixed, movable of every lifting machine

and every chain, rope or lifting tackle shall be: thoroughly examined by a competent

person at least once a year or such interval as may be required by statutory Authorities.

Document of such examination must be maintained in form prescribed and produced to

NRL supervisor before use of particular equipment.

12

• Do not use hoist of chain block for a load greater than its rated safe working load.

Chain blocks and cables must be inspected before each use to assure their sound

condition.

• Hoist and lift if used shall be:

Proper maintained and shall be thoroughly examined by a competent authority at least

once in every six months.Also, a register shall be maintained to record particulars of

such examination in prescribed form and shall be produce to the NRL supervisor

before use.

• Keep area clear below the movement of boom of crane to avoid injury from falling

objects.

• Maintain proper posture while lifting an object to avoid strain

• Use truck, trailer or trolley for transporting of material from one place to another.

• Do not transport materials through a crane or forklift. Transporting of pipes through

cranes is strictly prohibited.

• Projecting parts on sides of carrier while transporting is not allowed. Use carrier with

sufficient capacity.

• Use trolleys having tyre/tube on wheels.

• Engage riggers who are well trained and conversant with signalling procedure.

• Ensure that a rigger accompany a crane and similar equipment.

• Obtain permission of authorised person of Mechanical Dept. before working on or near

an overhead a crane.

• Prior to permission, the crane is to be made inoperative by cutting off the power

supply.

5.7 ELECTRICAL SAFETY

• Engage only authorised electricians having valid license to work on electrical jobs.

• Obtain proper authorisation and permission is required from Electrical Department

before carrying out any electrical work.

• Do not switch on / off any circuit connected to the electrical system unless permitted so

by NRL staff in his presence.

• Use ISI approved hand gloves for electrical use of suitable rating as required.

• Provide rubber mats of adequate insulation in working area as per requirement.

13

• Consider electrical apparatus / conductors as live unless supply has been cut off and

confirmed

• Consider electrical conductors with defective insulation as live and dangerous.

• Use gloves while taking out fuses for isolation. Do not keep fuses inside panels after

taking out.

• Use a low voltage transformer for working inside confined space. The voltage must not

exceed 24 volts.

• Provide electrical connections with ELCB.

• Use explosion proof portable hand lamps provided with explosion proof globes and

metal guards.

• Do not use metallic ladders for electrical work.

• Contractors supervisors and staff should know artificial respiration / resuscitation

methods.

6.0 PERSONAL PROTECTIVE EQUIPMENT (PPE)

• Contractors must provide and ensure use of Safety helmet, safety shoe, hand gloves to

all of their workmen as per General Condition of Contract.

• Contractor will arrange and ensure use of PPEs like welding shield, safety goggles,

safety belts by the persons engaged in jobs where such PPEs are required.

• PPEs should conform to relevant IS code and should be in good condition.

• Respiratory PPE like breathing apparatus shall be issued by NRL on loan basis.

Contractors must return the equipments to F&S Deptt. as soon as the work is

completed. Loss or damage to the equipment will be charged and deducted from their

bills.

• Contractor shall offer the PPE for inspection whenever required by NRL.

7.0 TRAFFIC RULES

• Walk on roads outside of yellow lines.

• Use plant roads . Do not cross-operational area for reaching the destination. Do not

cycle inside unit areas.

• Contractor worker should not move to places / roads other than their work place and

route to the workplace.

• No petrol driven vehicles and two wheelers are allowed inside Refinery premises.

14

• Diesel driven vehicles fitted with spark arrester may be allowed subject to specific

requirement and on permission by concerned NRL authority.

• Vehicles must have good exhaust system. Any equipment having defective exhaust is

not allowed.

• Vehicle must be with valid registration certificate and in good condition.

• Electrical system of vehicles should be in good condition to avoid undesired spark etc.

• Vehicle movement will be restricted only to the specified routes.

• Obtain permit for entry of vehicles in areas/ routes other than specified routes.

• Do not park vehicles in a manner, which may obstruct movement of fire tenders.

• Never park vehicles in front of hydrants and fire fighting appliances.

• Do not drive vehicles at a speed more than 30 KM per hour or lower speed if restricted

on any road.

• Crane and other mobile equipment should no exceed 16 KM per hour or lower speed as

specified or required for its safe movement.

• Do not take out fuel from vehicle tanks inside refinery premises.

• Drivers with valid license and photo pass only are allowed to drive inside premises.

• Drivers should approach or cross a railway line only after getting signal or after

ensuring absence of approaching locomotives.

• Do not drive a vehicle close to dip ditch or excavation as it may cause cave in and

injuries.

• Drivers should strictly follow all the traffic signs.

• The vehicle along with documents will be offered for checking when required by

concerned refinery authorities.

• Do not move vehicle over fire hoses.

8.0 HOUSE KEEPING

• Follow ' Place for everything and everything at its place.'

• Contractor have to maintain their space properly if allotted. Cooking in any from in the

allotted space is strictly prohibited.

• Keep all the materials and machinery properly while working. Do not obstruct

pathways, operating area unnecessarily.

15

• After use, remove laid hoses and keep them on hose stand to avoid tripping hazard.

• Stack materials in an orderly manner maintaining proper aisles and ensure that stacks

are stable and secure.

• Remove all nails, protruding ends in floors, stairs and scaffolds.

• Keep tools and tackles in such a manner that they do not cause accident.

• Give particular attention to clearing up spilled oil in stair, walkways and ladders.

• Do not lay cables haphazardly.

• Remove and collect waste generated in metal container & dispose at approved waste

disposal point.

• Restore the working area in original condition after completion of work.

9.0 ACTION IN CASE OF ACCIDENT / NEAR MISS.

• In case of injury, provide first aid. If required shift to medical centre or call ambulance

(Phone no. 222)

• Inform supervisor / site engineer of NRL immediately.

• Do not disturb the incident site unless some emergency is there.

• Contractor has to make all necessary arrangement if the injured is refereed for outside

treatment.

• Submit first information report (FIR) in prescribed form through the engineer in charge

preferably within 4 hrs of any incident. Whether resulting in injuries or not.

• Submit to the engineer in-charge the detailed accident investigation report in prescribe

form within 24 hrs of the incident.

• Inform NRL supervisor when the persons resume duty after treatment. Also submit his

fitness certificate.

• A record of accidents happened to employees whether minor or lost time shall be

maintained by contractor and shall be produced whenever asked for.

• Stringent action against contractors having unsatisfactory safety records may be taken

by NRL authority.

• In case of suspecting any imminent danger, immediately inform concerned NRL

supervisor or Fire Station.

16

10.0 SUPERVISOR'S RESPONSIBILITIES

• Contractor will deploy adequate nos. of qualified and experienced supervisors for

proper supervision of their work.

• Contractors supervisors must have or obtain valid safety certificate issued by Fire &

Safety Department of NRL prior to commencement of any work. These certificates are

issued to supervisors who attend training programme conducted by F&S Deptt and

pass a qualifying test conducted for the purpose.

• Contractors should keep liaison with NRL supervisors for safe working. In case of

doubt, he should immediately contact the NRL supervisor.

• Contractor will furnish information like age, experience, training etc. of their

employees if asked by NRL authorities.

• Contractor's supervisors must know about basics of fire prevention, first aid fire

fighting, first aid treatment, artificial respiration / resuscitation etc. They should also

train these things to their workers.

• Contractor and their supervisors should know the hazards associated with their work

and safe procedures and will disseminate such information to their employees.

• Contractor must nominate a safety supervisor/engineer who will co-ordinate in safety

matters.

• Contractors will necessary arrangement for safe working.

• Contractor safety co-ordinator or his supervisor responsible for safety as the case may

be shall conduct at his work site, and document formal safety inspections and audits at

least once in a week. Such documents shall be submitted to Engineer –In – charge for

his review and record.

• Contractors and their supervisors will participate in safety meeting and training

conducted by NRL.

XXXXXXXX

Sr.

No.Tank no. Service

Capacity of

Tank (KL)

Dia of the tank

(FR) in Metres

Height of tank

(FR) in Metres

SCHEDULE FOR MATL

RECEIPT

SCHEDULED DATE

FOR

INSTALLATION &

COMMISSIONING

Location of

Control Panel

Location of

repeater

Panel

1 44-TT-FR-102A Naptha 15100 40 13.5 31-Dec-2012 1-Mar-2013 Central C/R Fire Station

2 44-TT-FR-102B Naptha 15100 40 13.5 31-Dec-2012 1-Mar-2013 Central C/R Fire Station

3 44-TT-FR-102C Naptha 15100 40 13.5 31-Dec-2012 1-Mar-2013 Central C/R Fire Station

4 44-TT-CFR-117AIsomerate/

Reformate5000 25.5 12 31-Dec-2012 1-Mar-2013 Central C/R Fire Station

5 44-TT-CFR-117BIsomerate/

Reformate5000 25.5 12 31-Dec-2012 1-Mar-2013 Central C/R Fire Station

PROVIDNIG RIM SEAL FIRE PROTECTION SYSTEM ON FLOATINGROOF TANKS (A Class) AT NRL, NUMALIGARH.

PRICE SCHEDULE FOREIGN BIDDERS

CURRENCY:-

Sl. No. TANK DETAILS Unit Qty Unit Rate in figures Unit Rate in words Unit Rate in figures Unit Rate in words

1 44-TT-FR-102A LS 1

2 44-TT-FR-102B LS 1

3 44-TT-FR-102C LS 1

4 44-TT-CFR-117A LS 1

BPCLs CRFQ No. : 1000164021. E-Tender Ref. No. 9095

Design, Engineering, Fabrication and supply of Automatic foam based Rim seal Fire Protection system with hollow metallic detection system for the following tanks, all materials and accessories included and with Mandatory &

Commissioning Spares, as per scope of work, specification and tender terms and conditions.

PART - I. --- SUPPLY

Imported Components Indigeneous components

INR

5 44-TT-CFR-117B LS 1

6 Third Party Inspection Charges Lot 1

7Any other charges upto FOB Port of Export for

imported items Lot 1

8 Total FOB charges (Sum of Sl. No. 1 to 7) Lot 1

9Ocean Freight charges Upto Kolkata Port for

imported items

10 Total CFR Price (sum of of 8 and 9)

11 Marine / Transit Insurance Charges Will be paid by owner on receipt of despatch details

Page 1 of 4


CURRENCY:-




INR

12Total Customs Duty (quote in percentage of

Customs Assessable Value )

13Customs Clearance & Port Handling Charges

(incldg. Port wharfage) at Kolkata Port

14Excise Duty ( for indigeneous components) as

percentage of Sl.No. 10

15Sales Tax/VAT (for indigeneous components) as

percentage of sum of Sl. nos. 10 and 14

16

Inland Freight charges Upto Owner's site, all

inclusive charges

17

Octori / Entry Tax, if applicable

18

Any other charges (pl. specify)

1 44-TT-FR-102A LS 1

2 44-TT-FR-102B LS 1

3 44-TT-FR-102C LS 1

4 44-TT-CFR-117A LS 1

PART - II--SITE WORKS.

Installation, testing, Commissioning , conducting site acceptance test & providing training to Operation/ maint. staffs as per scope of work (all inclusive charges, including boarding/ lodging/ travel expenses, but excluding

Service Tax and Works Contract Tax).

Page 2 of 4


CURRENCY:-




INR

5 44-TT-CFR-117B LS 1

6 Total Price

7

Service tax %. Vendor has to provide Service tax

registration and category in which service tax is

charged.

8

Sales Tax on Works Contract %, if applicable.

PART - III - AMC CHARGES AFTER WARRANTY PERIOD

1 AMC for 1st Year afer warranty period LS 1

2 AMC for 2nd Year afer warranty period LS 1

3 AMC for 3rd Year afer warranty period LS 1

4 Total Prices

5



charged.

6


Note

AMC charges afer warranty period with maintenance spares, periodic operational & maintenance training including all taxes and duties, boarding & travel, but excluding Service Tax.

- All payment quoted in Indian Rupees will be made only to the bidder's Indian Associate to be named by the bidder.

Page 3 of 4


CURRENCY:-




INR

- Clearance at Port, Airport, Demurrage / Warfage, if any, transportation to the site and loading /unloading whatsoever will be in the VENDOR’S scope.

- For imported components, price of which is quoted in foreign currency, Import Bill of Entry is to be filed in the name of Owner (IEC No will be provided) to enable Owner to avail eligible cenvat credit on cenvatable portion of

Customs Duty.

Page 4 of 4

PRICE SCHEDULE INDIGENOUS BIDDERS

CURRENCY:-

Sl. No. TANK DETAILS Unit Qty Unit Rate in figures Unit Rate in words

1 44-TT-FR-102A LS 1

2 44-TT-FR-102B LS 1

3 44-TT-FR-102C LS 1

4 44-TT-CFR-117A LS 1

5 44-TT-CFR-117B LS 1

6 Total Price Lot 1

7 Excise Duty as percentage of Sl.No. 6

8Sales Tax/VAT as percentage of sum of Sl. nos.

6 and 7

Indigeneous components


INR

Design, Engineering, Fabrication and supply of Automatic foam based Rim seal Fire Protection system with hollow metallic detection system for the following tanks, all materials and accessories

included and with Mandatory & Commissioning Spares, as per scope of work, specification and tender terms and conditions.

PART - I. --- SUPPLY

Page 1 of 4


CURRENCY:-




INR

9

Freight charges Upto Owner's site, all inclusive

charges

10

Octori / Entry Tax, if applicable

11

Any other charges (pl. specify)

1 44-TT-FR-102A LS 1

2 44-TT-FR-102B LS 1

3 44-TT-FR-102C LS 1

4 44-TT-CFR-117A LS 1

PART - II--SITE WORKS.

Installation, testing, Commissioning , conducting site acceptance test & providing training to Operation/ maint. staffs as per scope of work (all inclusive charges, including boarding/ lodging/

travel expenses, but excluding Service Tax and Works Contract Tax).

Page 2 of 4


CURRENCY:-




INR

5 44-TT-CFR-117B LS

6 Total Price

7



charged.

8


1 AMC for 1st Year afer warranty period LS 1

2 AMC for 2nd Year afer warranty period LS 1

3 AMC for 3rd Year afer warranty period LS 1

AMC charges afer warranty period with maintenance spares, periodic operational & maintenance training including all taxes and duties, boarding & travel, but excluding Service Tax and

Works Contract Tax)

PART - III - AMC CHARGES AFTER WARRANTY PERIOD

Page 3 of 4


CURRENCY:-




INR

4 Total Prices

5



charged.

6


Page 4 of 4

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FORMAT OF DECLARATION

(NOTARIAL ATTESTED) To, Bharat Petroleum Corporation Ltd. _____________________ ______________________ ______________________ Sub: Tender No: Dear Sir, 1. The Bid & Techno Commercial offer no. Dated and the Price Bid dated submitted by

M/s may be regarded as a joint bid of M/s & ourselves for the subject work. The Bid Signatory and the signatures of Mr._______________________ on the Bid & offer may be regarded as signature(s) of our duly authorized signatory, and we do hereby ratify, confirm and adopt the said signature(s) as the signature(s) of our duly authorized signatory.

2. We further undertake to be jointly and severally liable with__________________ on the Bid for execution of the Contract, if awarded, in accordance with its terms.

3. We hereby state and certify, with a view that Indian Oil Corporation Ltd. May act on

the basis hereof, that we will be bound to supervise and perform all aspects of the said contract if awarded and to meet all contractual requirements and specifications and to be jointly and severally liable and responsible with__________________on the Bid for the performance of the Contract.

4. We hereby confirm that Mr.___________________________the undersigned is authorized and competent to issue this letter/ undertaking on our behalf.

Yours faithfully, For_________

(NOTARIAL ATTESTATION)

t000003663_filename_rim seal - nrl - 9095

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