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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
OOO (((RRREEEFFFIIINNNEEERRRIIIEEESSS)))
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
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 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
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 Refineres Limited (NRL).
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
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 Refineres Limited (NRL).
• 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
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 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
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 Refineres Limited (NRL).
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
Technical Specification/Data Sheets
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products at NRL Refinery, Numaligarh
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products at NRL Refinery, Numaligarh
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products
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
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Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products
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.
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Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products at NRL Refinery, Numaligarh
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
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Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
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.
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Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
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Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
Page 24 of 48
PERFORMANCE CHARACTERISTICS AS PER IS 4989 PART 2
Sr.
No. Properties Values Test
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.
No. Properties Values Test
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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.
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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)
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
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Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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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
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Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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.
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Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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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.
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products
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
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Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products
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/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing
Class- A petroleum products
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
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Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
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Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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• 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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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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.
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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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.
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
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Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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
Technical Specification/Data Sheets
Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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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.
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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
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Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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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 .
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Automatic actuated rim seal fire detection and extinguishing system for external floating roof tanks storing Class- A petroleum products
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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.
E-Tender Reference No. 9095 Page 2 of 5
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.
E-Tender Reference No. 9095 Page 3 of 5
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
E-Tender Reference No. 9095 Page 4 of 5
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_______________
E-Tender Reference No. 9095 Page 5 of 5
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
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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)
Central C/R Fire Station
3 44-TT-FR-102C 40 13.5 Naptha
Numaligarh
(Assam)
Central C/R Fire Station
4 44-TT-CFR-117A 25.5 12 Isomerate/
Reformate
Numaligarh
(Assam)
Central C/R Fire Station
5 44-TT-CFR-117B 25.5 12 Isomerate/
Reformate
Numaligarh
(Assam)
Central C/R Fire Station
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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
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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
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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.
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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.
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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.
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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.
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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.
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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 /
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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.
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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:-
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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.
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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
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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.
E-Tender Reference No. 9095 Page 15 of 18
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
E-Tender Reference No. 9095 Page 16 of 18
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.
E-Tender Reference No. 9095 Page 17 of 18
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.
E-Tender Reference No. 9095 Page 18 of 18
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.
E-Tender Reference No. 9095 Page 1 of 8
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.
E-Tender Reference No. 9095 Page 2 of 8
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.
E-Tender Reference No. 9095 Page 3 of 8
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.
E-Tender Reference No. 9095 Page 4 of 8
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.
E-Tender Reference No. 9095 Page 5 of 8
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
E-Tender Reference No. 9095 Page 6 of 8
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)
E-Tender Reference No. 9095 Page 7 of 8
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%.
E-Tender Reference No. 9095 Page 8 of 8
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)
E-Tender Reference No. 9095 Page 1 of 6
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).
E-Tender Reference No. 9095 Page 2 of 6
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.
E-Tender Reference No. 9095 Page 3 of 6
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.
E-Tender Reference No. 9095 Page 4 of 6
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.
E-Tender Reference No. 9095 Page 5 of 6
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.
E-Tender Reference No. 9095 Page 6 of 6
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…………………………………….
E-Tender Reference No. 9095 Page 1 of 5
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
E-Tender Reference No. 9095 Page 2 of 5
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)
E-Tender Reference No. 9095 Page 3 of 5
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.
E-Tender Reference No. 9095 Page 4 of 5
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.
E-Tender Reference No. 9095 Page 5 of 5
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……………………………………
Page 1
NUMALIGARH REFINERY LIMITED
GENERAL CONDITIONS OF CONTRACT
For implementation of Numaligarh Refinery Project.
Page 1 of 128
Page 2
TABLE OF CONTENTS
FOR
GENERAL CONDITIONS OF CONTRACT
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
Page 3
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
Page 4
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
Page 5
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
Page 6
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
Page 7
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
Page 8
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
Page 9
SECTION -1
GENERAL CONDITIONS OF CONTRACT
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
Page 10
(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
Page 11
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
Page 12
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
Page 13
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
Page 14
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
Page 15
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
Page 16
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.
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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-
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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.
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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.
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(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.
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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
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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.
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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.
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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.
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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
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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
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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
binding on the contractor.
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
binding on the contractor.
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
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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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Page 100
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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Page 101
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
Page 101 of 128
Page 102
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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Page 103
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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Page 104
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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Page 105
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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Page 106
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.
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Page 107
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:
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Page 108
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.
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Page 109
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.
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Page 110
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
Page 111
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.
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Page 112
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
Page 113
WITNESS: (SIGNATURE NAME)
(SIGNATURE NAME) Designation with Bank Stamp
Attorney as per
(OFFICIAL ADDRESS) Power of Attorney No����..
Date������������
***********************************
Page 113 of 128
Page 114
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
Page 115
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
Page 116
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
Page 117
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
Page 118
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.
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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
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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 :
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Address :
Witeness:
Page 121 of 128
Page 122
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�.
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Page 123
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.
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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
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Page 125
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
The Clause is modified to the extent as mentioned belo
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
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Page 126
8. Clause no. 29.1) Compensation
for Delay
The Clause is modified to the extent as mentioned belo
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
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Page 127
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.
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Page 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 :
Numaligarh Refinery Limited,
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 :
Numaligarh Refinery Limited,
147, Udayan, RG Baruah RoadGuwahati – 781 005
(GCC annexure no. 8)
NUMALIGARH REFINERY LIMITEDASSAM, INDIA
SAFETY & SECURITY REGULATION
(GCC annexure no. 8)
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
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
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
• 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.
(GCC annexure no. 8)
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 :
(GCC annexure no. 8)
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
(GCC annexure no. 8)
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:
(GCC annexure no. 8)
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
(GCC annexure no. 8)
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
(GCC annexure no. 8)
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:
(GCC annexure no. 8)
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
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
• 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
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
• 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
(GCC annexure no. 8)
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
(GCC annexure no. 8)
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
(GCC annexure no. 8)
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
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
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
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
• 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.
(GCC annexure no. 8)
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.
(GCC annexure no. 8)
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
(GCC annexure no. 8)
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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NUMALIGARH REFINERY LIMITED
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
Page 2 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.
Page 3 of 4 General Purchase Conditions (Imports)
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.
Page 4 of 4 General Purchase Conditions (Imports)
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.
***
NUMALIGARH REFINERY LIMITED
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
Page 2 Packing, Marking, Shipping and Documentation Specifications for IMPORTED Materials
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
Page 3 Packing, Marking, Shipping and Documentation Specifications for IMPORTED Materials
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
Page 4 Packing, Marking, Shipping and Documentation Specifications for IMPORTED Materials
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.
***
NUMALIGARH REFINERY LIMITED
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
Page 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.
E-Tender Reference No. 9095 Page 1 of 2
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”.
E-Tender Reference No. 9095 Page 2 of 2
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
NUMALIGARH REFINERY LIMITED
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
1
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
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
BPCLs CRFQ No. : 1000164021. E-Tender Ref. No. 9095
Imported Components Indigeneous components
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
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
BPCLs CRFQ No. : 1000164021. E-Tender Ref. No. 9095
Imported Components Indigeneous components
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
Service tax %. Vendor has to provide Service tax
registration and category in which service tax is
charged.
6
Sales Tax on Works Contract %, if applicable.
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
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
BPCLs CRFQ No. : 1000164021. E-Tender Ref. No. 9095
Imported Components Indigeneous components
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
BPCLs CRFQ No. : 1000164021. E-Tender Ref. No. 9095
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
PRICE SCHEDULE INDIGENOUS BIDDERS
CURRENCY:-
Sl. No. TANK DETAILS Unit Qty Unit Rate in figures Unit Rate in words
Indigeneous components
BPCLs CRFQ No. : 1000164021. E-Tender Ref. No. 9095
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
PRICE SCHEDULE INDIGENOUS BIDDERS
CURRENCY:-
Sl. No. TANK DETAILS Unit Qty Unit Rate in figures Unit Rate in words
Indigeneous components
BPCLs CRFQ No. : 1000164021. E-Tender Ref. No. 9095
INR
5 44-TT-CFR-117B LS
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.
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
PRICE SCHEDULE INDIGENOUS BIDDERS
CURRENCY:-
Sl. No. TANK DETAILS Unit Qty Unit Rate in figures Unit Rate in words
Indigeneous components
BPCLs CRFQ No. : 1000164021. E-Tender Ref. No. 9095
INR
4 Total Prices
5
Service tax %. Vendor has to provide Service tax
registration and category in which service tax is
charged.
6
Sales Tax on Works Contract %, if applicable.
Page 4 of 4
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E-Tender Reference No. 9095 Page 1 of 1
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)