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A-5 0 Special Conditions of Contract (SCC) - HRRL
A-5 0 Special Conditions of Contract (SCC) - HRRL
Tender No.
Section A-5.0 : Special Conditions of
GIGL/PROC/2022/07/O/35
Contract
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Section A-5.0 : Special Conditions of
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CONTENTS
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The following Special Conditions of Contract (SCC) shall supplement to the General
Conditions of Contract (GCC). Whenever there is a conflict between the provisions in the
GCC and the provisions in the SCC, the provisions herein shall to the extent of such
conflict, prevail over those in the GCC. The corresponding clause number of the GCC is
indicated in parenthesis wherever applicable
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Duration in Months
Pre-Commissioning including Commissioning & post
Mechanical Completion commissioning assistance
The Contractor shall ensure the following timelines for various milestones:
Delivery of
valve
Delivery of Line Pipe
Including
Actuators
09 months
04 months from 06 Months from 09 months from
Period from date of
Date of LOA Date of LOA Date of LOA
LOA
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The Contractor shall commence all activities for the project only after receipt of
Letter of Acceptance from Owner, which shall be deemed to be the Notice to
Proceed.
3.4 Time schedule indicated above is for completing all the works in all respect as
per specifications, codes, drawings and instructions of Owner and is inclusive
of mobilisation and demobilisation
3.5 There shall be no change in Contract price on account of any change in Time
for Completion and Milestone Schedule due to delay in Notice to Proceed.
3.6 All the schedules and timelines mentioned in Contract which are linked to
date of Letter of Acceptance, unless and otherwise it is specified, the date of
Notice to Proceed shall be considered as date of Letter of Acceptance.
3.7 Contractor shall submit copies of purchase orders for line pipes, valves and
steel plates/coils within 30 days from the Effective date.
The Contractor agrees to and does hereby accept full and exclusive liability at
his own cost for the payment of any and all taxes, duties, charges and levies
etc. as are payable to any government, local or statutory authority in any
country other than India, as are now in force or as hereafter imposed,
increased or modified, and as are payable by Contractor, his agents, sub-
contractor and their employees etc. for performance of work under this
contract. The Contractor shall be deemed to have been fully informed with
respect to all such liabilities and considered the same in his Bid, and the
Contract shall not be varied in any way on this account.
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4.2.1 The Contractor shall be fully responsible for port and customs clearance
including stevedoring, handling, unloading, loading, storage, inland
transportation and receipt of materials, equipment and plant to storage
godown(s), yard(s), and Site(s). The custom duty shall be paid directly by the
Contractor to the custom authority and the same shall be deemed to be
included in the Contract Price. The Owner shall not be liable on this account.
It shall be the responsibility of the Contractor to provide the requisite
particulars and documents to the Customs and other governmental authorities
and get the materials cleared and transported in time. The Contractor shall be
fully responsible for any delays, penalties, demurrages, deductions and
charges and losses, if any in this regard. The Contractor shall before
assessment of custom duty or at the time of assessment of customs duty, as
may be required by the Indian custom authorities, provide to them all the
required descriptive catalogues, literature, drawings, packing list, invoices and
any other relevant documents pertaining to their work against this Contract.
Should the Contractor fail to provide the required descriptive catalogues/
literature, drawings, packing list, invoices and any other relevant documents
as above, the Owner shall not be responsible in any way for its consequential
implications. In the event any Customs Duty, or any additional duty or penalty
is charged to the Owner on account of incorrect declaration of goods or
otherwise including cost thereof, the OWNER shall be entitled to recover such
amount from any money due or which may become due to the Contractor in
accordance with this Agreement and in the event that any money is not due to
the Contractor, then such an amount shall be recoverable as a debt due from
the Contractor.
4.2.2 Deleted
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4.3 Contractor is liable to pay customs duty on the equipments (including the
Contractor’s Equipment) brought into India for executing the project. The
Contractor shall be fully liable for observing all the formalities in this regard as
well as to pay the custom duty chargeable on the equipments, including any
deposit payable for such purposes. No adjustment in contracted rates shall
be permissible for any change in duty drawback applicable in respect of
equipment & machinery brought in India for the use of the project and for
re-export of equipment and machinery, on completion of the project.
4.4 If the Customs Authorities require the Contractor to furnish a bond to secure
payment of any custom duty in respect of any import and require that such
Bond shall be furnished by the Owner, the Owner may at the request of the
Contractor furnish the said Bond against the Contractor furnishing a bank
guarantee to the Owner, of the like amount in the form and from a Bank in
India approved by the OWNER. The cost of such Bond/Bank Guarantee shall
be recovered from the Contractor.
4.5 If for any reason the OWNER is required by the Customs Authorities during
pendency of Contract to pay any customs duty due to the importation or
retention by the Contractor of any imports, the Contractor shall forthwith on
demand by the OWNER pay the same to the OWNER, with the right in the
OWNER (without prejudice to any other mode of recovery or right of the
OWNER) to deduct the same from the on account and other payments due
and/or becoming due or payable to the Contractor from time to time. The
payments under such a case shall be subject to submission of bank
guarantee from a bank approved by OWNER, by the Contractor in favour of
the OWNER for an amount equivalent to amount of customs duty.
4.6 The obligations undertaken and/or any bond or facility provided by the
OWNER to the Contractor shall be based on the clear understanding that the
said equipment shall be utilised by the Contractor only for the performance of
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the work covered under this Contract and that the OWNER shall be
discharged forthwith from all said obligations and shall be entitled forthwith to
discontinue and recall any bond or other facility to the Contractor if the
Contractor shall utilise or permit to be utilised the said equipment(s) or any of
them for the performance of any work other than the work covered by the
Contract in which event any amount due from Contractor in this connection
shall also carry interest @22% (Twenty two percent) per annum from the date
of relative payment by OWNER up to the date of recovery in full.
The Contract Price shall be fixed and lump sum and only adjustable as per
provisions of the Contract in this regard.
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change orders and /or variations if any). The Performance Bank Guarantee
shall remain valid till 2 Months beyond the expiration of Defect Liability
Period. The Performance Bank Guarantee shall be submitted in Indian Rupee
only.
The Bank Guarantees shall be submitted from the following Banks Only.
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Notwithstanding anything contained in the GCC all Labour and material costs
associated with pre-commissioning, commissioning and operational
acceptance tests, except natural gas for Commissioning, shall be borne by
the Contractor and not by the Owner. Natural gas for Commissioning shall be
provided by the Owner.
In the event that the Contractor has not been able to proceed with the
Commissioning of the Facilities for 06 (Six) Months from the date of Pre-
Commissioning for reasons solely attributable to the Owner either on account
of non-availability of other facilities under the responsibilities of the Owner, or
for reasons beyond the Owner’s control(to the extent that there has been no
default, delay or failure of the Contractor), the Owner shall instruct the Project
Manager to issue a Provisional Certificate of Operational Acceptance to the
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The Defects Liability Period shall be counted from the date of issue of
Operational Acceptance Certificate or Provisional Certificate of Operational
Acceptance and the Contractor shall be responsible to make good any defect
at its own cost and risk in the Facilities to be carried out without any limit in
this period.
Contractor acknowledges and agrees that time is the essence of the Contract
or even otherwise, in case of any delay in completion of the facilities or any
part thereof or any other obligation, the said Delay shall cause Owner
substantial damage. The Contractor hereby further agrees without prejudice
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to any other right or remedy available to the Owner under the Contract, to pay
liquidated damages at rates mentioned herein.
The Contractor agrees that these are a genuine pre-estimate of the minimum
loss and damage suffered by the Owner due to delay in completion and the
Contractor shall not question the rate of liquidated damages in court of law or
raise any question otherwise.
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Explanation:
1. For the purposes of this clause in the SCC, ‘Contract Base Price’ shall
mean the aggregate of the price quoted in the relevant Schedules of
SOR(s) excluding GST component thereon.
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The Contractor and the Owner specifically agree that every time the Owner
recovers Liquidated Damages, the Owner shall also charge and collect GST
at applicable rates on the amount of Liquidated Damages so recovered (if
applicable).
No bonus will be given for earlier Completion of the Facilities or part thereof.
10.1 The Owner / Project Manager has the right to indicate the sequence
according to which the Scope of Work shall be carried out which shall be
consistent with the Project Completion Schedule as provided in the Bid
Documents. Contractor shall submit the detailed methodology and program of
performance to execute the works that shall adhere to the Schedule of
Completion and the same shall get approved by the Owner / Project
Manager.
10.2 The Owner reserves the right to fix up priorities that will be conveyed by
Owner / Project Manager to the Contractor, who shall plan and execute work
accordingly.
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11.0 Land for Contractor’s Field Office, Godown and Workshop and
Fabrication Yard
11.1 Unless otherwise specified in the Bid Documents, the Contractor shall, as
required for his works, for the entire duration of the execution of the work
arrange near the Site, land for construction of equipment stock yards,
maintenance workshops, field offices and warehouses and for any purpose in
connection with providing infrastructure required for the execution of the
Contract. The Contractor shall bear all the cost related to the provisions of the
site / land and sanitary arrangement as required without any recourse to the
Owner.
11.2 On completion of the work undertaken by the Contractor, the Contractor shall
remove all temporary works and have the Site cleared as directed by Owner /
Project Manager. If the Contractor fails to comply with these requirements,
the Owner may, at the expense of the Contractor, remove such surplus and
rubbish materials and dispose of the same as he deems fit and get the Site
cleared, and the Contractor shall forthwith pay the amount of all expenses so
incurred by the Owner (the Owner may recover the amount from the pending
bill of the Contractor) and shall have no claims in respect of any such surplus
material disposed of as aforesaid.
11.3 Land for residential accommodation for staff and Labour of Contractor shall, if
so required by him, be arranged by Contractor at his own cost and risk with
no recourse to the Owner.
11.4 Lease Land for Dump yard or Stockyard: For the material supplied under the
Sch-1 or Sch-3 of Schedule of Price (SOR), Contractor shall be required to
establish and maintain stockyard or dump yard as per the project
requirement. The number of stockyard or dump yard shall be decided by
Contractor as per requirement. The area of stack yard / dump yard shall be as
per requirement of contractual supply and shall be approved by the owner.
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12.2 If post transfer of ownership of Plant and Equipment thereafter the Contractor
is in possession of or has the custody of the materials and equipment, he
shall hold the same for and on behalf of the Owner and shall not deal with
them in any manner except for the purposes of this Contract. He shall clearly
mark all such material as property of the Owner. The Owner’s responsibility
shall be limited to endorsement of dispatch documents on the Contractor’s
favour to enable contractor to carry out the services under the Contract. Such
endorsement and handing over of dispatch document by the Owner to the
Contractor shall be construed as being handed over and entrusted to the
Contractor the equipment / materials supplies, etc. covered in such dispatch
documents. The Contractor shall hold the equipment / materials supplies etc.,
handed over to him by the Owner as trustee on behalf of the Owner without
having any lien or charge against the equipment at any stage. The Contractor
shall not create any encumbrances or charge, lien, mortgages or
hypothecation on the aforesaid equipment / supplies in favour of any institute
/ organization / bank. The Contractor shall bear the risk of any loss or
damages of the equipment and supplies till these are finally taken over by
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Owner. The Contractor shall immediately replace / repair the lost or damaged
equipment and supply entirely at his own cost irrespective of the extent and/or
the time of realization of claims by him from the insurer / underwriter. (The
Contractor shall at his own cost insure such risk). However, wherever
required the Contractor may be authorized by the Owner to lodge and receive
insurance claims from insurer or underwriter.
For all Contractor supplied material for which Contractor has to obtain
Owner’s prior approval, Contractor has to submit a procurement file
comprising complete set of data sheets, specifications, QAP’s, vendor’s
documents, drawings and other related documents to Owner for approval.
For all line pipes covered in supply Sch 1 or Sch 3 barcode shall be applied.
For mandatory spare items in Sch 1 or Sch 3 RFID tags shall be applied
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12.5 Owner reserves the right to accept/reject any material at any stage as per the
tender documents.
12.6 The reconciliation of material shall also be applicable for the material issued
by Owner as free issue to Contractor and monthly reconciliation statement
shall be submitted by Contractor along with the RA Bill.
13.1 The Contractor has to arrange all necessary equipment, materials, special
aids, tools and tackles, instruments etc. for executing the Scope of Work
successfully at his own cost and risk. Such equipment etc. shall be subject to
examination and approval by Owner / Consultant for the same being in good
operating condition for the entire duration of the Contract, as applicable. Any
deficiency / discrepancies pointed out by the Owner / Consultant shall be
immediately rectified, repaired or the equipment replaced. The Owner shall
not in any way be responsible for providing any such equipment, machinery,
tools and tackles, etc.
14.1 Before the start of work or any part thereof, the Contractor‟s and Project
Manager shall together survey and take levels of the site and decide all
particulars on which the survey is to be made, and on which the
measurements of the work are to be based. The Contractor shall plot such
particulars and after agreement the Project Manager shall sign the drawings.
14.2 The Contractor shall be entirely responsible for the horizontal and vertical
alignment, the level and correctness of every part of the work and shall rectify
any errors or imperfections therein. The Contractor at his own and risk cost
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shall carry out such rectification, when the Project Manager issues
instructions to this effect.
14.3 The Contractor shall give the notice not less than 24 (Twenty-four) hours to
the Project Manager in writing of the work so that arrangements may be made
for checking the same. Work shall be suspended for such times as necessary
for checking lines and levels on any part of the work. The Contractor shall at
his own expense provide all assistance, which the Project Manager may
require for checking the setting out of works. In addition to above Contractor
shall comply the provisions of Survey and levels given in the technical part of
bidding document.
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The Owner shall be entitled to deduct all its claims towards damages from the
amounts due to the Contractor, notwithstanding the fact that the Performance
Security has not been fully exhausted.
Contractor shall agree for withholding from wages and salaries of its agents,
servants or employees or labours all sums, required to be withheld by the
laws of India or any other agency having jurisdiction over the area where
Contractor is conducting operations, and to pay the same promptly and
directly when due to the proper authority. The Contractor further shall agree
to comply with all accounting and reporting requirements of any nation having
jurisdiction over the subject matter hereof and to confirm to such laws and
regulations and to pay the cost of such compliance. If requested by the
Owner the Contractor will furnish the Owner the evidence of payment of
applicable taxes, in the Country (ies) of the Contractor’s and his sub-
contractor(s) and expatriate employees.
In addition to the GCC clause, following shall all apply in relation to the
Contract.
19.1 Secrecy:
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Neither the Owner nor the Contractor nor their personnel, agents nor any sub-
contractor shall divulge to any one (other than persons designated by the
party disclosing the information) any information designated in writing as
confidential and obtained from the disclosing party during the course of
execution of the works so long as and to the extent that the information has
not become part of the public domain. This obligation does not apply to
information furnished or made known to the recipient of the information
without restriction as to its use by third parties or which was in recipient’s
possession at the time of disclosure by the disclosing party. Upon completion
of the works or in the event of termination pursuant to the provisions of the
Contract, Contractor shall immediately return to the Owner all drawings,
plans, specifications and other documents supplied to the Contractor by or on
behalf of the Owner or prepared by the Contractor solely for the purpose of
the performance of the works, including all copies made thereof by the
Contractor.
20.1 The contractor shall adhere to the construction code, rules and regulations,
procedures, etc. during construction of the Facilities as per the provisions
provided in the Technical Specifications.
21.0 Documentation
The Contractor shall submit the drawings and documents as per the
requirement of Technical Part of Bidding document.
22.0 Documents
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22.2 The Contractor shall keep at all sites, at least three copies of each and every
drawing, specifications and Contract Document in excess of his own
requirement and those copies shall be available at all times for use by the
Owner and by any other person authorized by the Owner, who shall be
provided an adequately sized site office or offices, for the safe keeping and
use of such documents, by the Contractor throughout the duration of the
Contract.
23.1 The quoted lump sum price for various items are deemed to have
appropriately catered for all mobilization, demobilization and all clearing of
activities at all the Sites and no separate claim whatsoever is allowed. It shall
be responsibility of the Contractor to obtain the approval for any revision
and/or modifications decided by the Contractor from the Owner / Consultant
before implementation. Also such revisions and/or modifications if
accepted/approved by the Owner / Consultant shall be carried out at no extra
cost to the Owner. Any changes required during and/or after approval for
detailed construction drawings due to functional requirements or for efficient
running of system keeping the basic parameters unchanged and which has
not been indicated by the Contractor in the data / drawings furnished along
with the offer will be carried out by the Contractor at no extra cost to the
Owner. Contractor shall make all arrangements for preparing approaches and
working area for the movement and operation of the equipment. Levelling the
areas for assembly and erection shall also be the responsibility of the
Contractor. The Contractor shall acquaint himself with access availability,
facilities such as railway siding, local labour etc. to provide suitable
allowances in his quotation. The Contractor may have to build temporary
access roads, at his own cost and risk, to aid his own work.
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23.2 The Contractor shall not use any of the equipment or materials issued to him
by Owner for installation purposes or for laying temporary lines,
manufacturing erection aids, etc. Misuse of materials will entitle the Owner to
make deduction from the Contractor’s bill for such quantities that are misused
at the rates at which the OWNER has procured, transported and stored such
items plus 10% overheads.
The Contractor acknowledges that any data that the Owner shall have made
available to the Contractor from time to time with reference to the climatic,
hydrological, geo-technical, subsurface and marine conditions and other
general conditions relating to the Site are indicative only and the verification
and interpretation of the same shall be at the sole risk and responsibility of
Contractor. The Owner makes no representation or warranty, express or
implied and shall have no responsibility for or in relation to such data whether
as to its accuracy, adequacy, sufficiency or any loss or damage arising from
the use thereof.
The Owner does not warrant that the Right-of-Use shall be suitable at all
locations for use and/or movement of vessels, vehicles and mechanical and
other equipment of the Contractor, and the Contractor shall be responsible at
his own cost, risk and initiative to innovate at Site and adopt suitable means
to perform the work in any particular circumstances as may be encountered.
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a) at its own cost visited, inspected and examined to its satisfaction the Site
and its surroundings and where applicable, any existing structures or
works on, over or under the Site; and
ii) The risk of injury or damage to property adjacent to the Site and to
occupiers of such property or otherwise;
vi) The precautions and the times and methods of working necessary
to prevent any nuisance, whether public or private, being caused to
any third parties;
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viii) Availability and quality of labour, water and electrical power for the
Works;
ix) Local laws, regulations and customs and any laws; and
Further, the Contractor accepts total responsibility for having foreseen all
difficulties and costs and expenses of successfully completing the
Facilities. No claim by the Contractor for additional payment or
compensation or any extension of Time for Completion will be allowed on
the ground of any misunderstanding or misapprehension in respect of the
matters referred to in this Clause or any hardship caused or on the ground
that incorrect or insufficient information was given to it by any person,
whether or not in the employment of the Owner or any of its
representative. It is further provided that subject to the express provisions
of the Contract, the Contractor shall not be relieved from any liability, risk,
or obligations imposed on or undertaken by him under or in relation to the
Contractor on any such ground or on the ground that he did not or could
not foresee any matter which may in fact affect or have affected the
design (incidental to the Construction of Works) or execution of the
Facilities.
24.3.1 Owner has acquired the ROU under P&MP act in general. Acquiring of ROU
means publishing of 3(1) and 6(1) Gazette notification under P&MP act 1962.
As per provisions of (RoU) Act, all compensation rightfully payable as per
provisions of the P&MP Act and awarded by the Competent Authority shall be
paid by the owner. Contractor shall open the ROU with the Revenue team
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appointed by the Owner and start the construction activities. Opening of ROU
to start construction and related activities & maintaining of ROU during entire
period of construction shall be the responsibility of Contractor. In case any
obstructions are raised by anyone, encroachments/ structures are
encountered during execution along the notified RoU, the same shall be
removed by the contractor. All costs towards such activities shall be as a part
of scope of work.
24.3.2 In case of any detour from the acquired ROU due to constructability problems
or otherwise, Contractor may be permitted to do so after approval from
Owner. The consent from land owner for unnotified survey numbers to lay the
pipeline for rerouting will be taken by the contractor. All immediate measures
for taking the land and crop compensations to land owner(s) shall be to
Contractor’s account based on compensation disbursed in adjoining areas
and survey numbers of same village by competent authority which shall be
reimbursed by the owner. However, such activity shall not affect the
construction schedule and overall completion period. Later on owner shall
notify these unnotified survey numbers as per provision of Rou act and
regularize the same. In case of local detour due to non-availability of ROU,
Contractor has to negotiate and arrange the ROU for laying of pipe line
without affecting the schedule. Compensation payable under P&MP act shall
be paid by Owner. All other costs if any shall be to the Contractor’s account.
Owner shall proceed with regular notifications etc. in due course for the
detoured portion.
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pipeline within RoU. The Owner upon request of the Contractor may assist
the Contractor in obtaining all such permissions, licenses etc. required for the
execution of the work by the Contractor which can be granted only at the
request or recommendation of the Owner.
24.3.4 All statutory permissions of defined crossings (as per alignment) will be
provided by Owner. Further the Contractor shall inform the Owner well in
advance but in any case not later than 60 days from the date of issue of the
Letter of Acceptance about any obstacles, utilities, crossings which were not
covered in the Alignment Engineering and for which Owner is obligated to
obtain Right of Way / Use permission. The Owner shall not be responsible for
any delays if such issues are not brought to the notice of the Owner by the
Contractor within the time prescribed above and then the Contractor shall be
responsible for executing the work at its own cost and risk without any
recourse to the Owner as to the cost and time.
For any additional Major crossings like Railways, NH & State Highways,
Rivers, Canals etc. if any, required because of re-routing/de-routing, the
applications shall be filed by the Owner and all necessary statutory payments
towards the same shall be paid by owner/reimbursed to the contractor.
Contractor shall carry out liasoning and coordination on behalf of owner for
obtaining the permissions. All other balance permissions shall be obtained by
Contractor. The statutory fees will be reimbursed to Contractor at actual
based on documentary evidence.
24.3.5 The Owner shall likewise endeavor to procure the permits / licenses required
to be procured by the Owner under the Contract sufficiently in advance to
enable the Contractor to continue movement of the spread in the same
direction. Should, however, for any cause such permission / license not be
available in time to match the progress of the work, the Contractor shall
forthwith within the scope of work and without entitlement to additional
compensation therefore proceed with the work at the next possible point of its
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24.3.6 The Contractor shall notify the Owner the probable date of commencement of
work at each Project site at least before one month of anticipated delivery
date of first lot line pipes at site to enable the Owner to provide assistance to
the contractor. Should the Contractor fail in such notification, the Owner shall
not be responsible for providing any such assistance.
24.3.7 Not more than 4 (four) work fronts for construction activity shall be provided at
one point in time for mainline sections. Not more than 2 (two) work fronts for
construction activity shall be provided at one point in time for spur line
sections. The length of the workable front provided at one time will not be
more than 5 kms. The front provided can be anywhere within the start to end
points.
24.3.8 The Owner shall endeavor to procure the RoU in land for the pipeline in such
manner and time as agreed at the commencement of the work by the
Contractor for the construction of the pipeline subject to provisions of the RoU
Act. If it is not possible to procure sequentially the RoU for a relevant portion
of spread within the section, the Contractor shall commence the work in
respect of portion or portions of spread where the RoU is already available. If
necessary, because of any problem or difficulty concerning the procurement
of RoU in any portion of spread within relevant section (including due to the
existence of any unforeseen or force Majeure conditions covering any
location / section of the pipeline), the Contractor shall within the Scope of the
Work and without entitlement to additional compensation therefore forthwith
proceed to the next possible point of its continuance, in respect of which RoU
is available and/or in which the construction work can be continued, and shall
move in the opposite direction, if necessary.
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24.3.9 The Owner will provide RoU of width as mentioned in the alignment sheet and
technical specifications, however under special local circumstances, restricted
(width-wise) RoU can be given for which the Contractor shall not claim any
additional cost or time. While excavating, the Contractor shall ensure the
segregation of the fertile top layer (300 mm) and store it separately. After the
backfilling is completed the segregated top soil shall be spread evenly and
land be restored back in original position and to full satisfaction of the
government authorities and land owners/ occupiers. Any claim on account of
loss in fertility because of any failure to segregate top soil and restore it
properly for any reasons whatsoever shall be on account of the Contractor.
Any compensation required to be paid by the Owner over and above the land
and crop compensation determined by the Competent Authority, shall be the
sole responsibility of the Contractor. The Contractor hereby agrees to
indemnify the Owner for any liability arising out of payment of such additional
compensation.
24.3.10 Backfilling has to be completed within 2 (two) months of opening of the RoU
by the Contractor. If the backfilling is not completed within two months and or
re-excavation is required to be done for reasons attributable to the Contractor,
any additional compensation or damage like but not limited to loss of crops
and any other damage shall be to the account of the Contractor.
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intact. Only stumps and roots directly over the trench shall be removed for
pipeline Installation.
24.3.12 Costs for the restoration are included in Price, the cost of any additional
damage will be borne by the Contractor, including without limitation, the
following:
All damage to drainage systems, wells, pipes, tubes, cables and all forms
of surface and underground obstacles, whether or not reported in the
documents of the Contract;
All damages caused due to the construction and/or other related activities
outside the RoU area whether as a result of the Contractor’s negligence or
default or otherwise.
Damage to irrigation facility of any kind available in the field and resulting
affect on the standing crop within ROU and outside ROU in the field;
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The Contractor in the presence of the OWNER will assess the damage
caused. The CONTRACTOR will make immediate payment to the rightful
claimants. If on account of continuous representation of the villagers it is
found that the contractor has not compensated the villagers for the same
Owner may make payments and will deduct the amount from the immediate
running bills of the Contractor.
24.3.13 All damages arising out of reasons attributable to construction outside the
RoU will be the responsibility of the Contractor and it will indemnify the Owner
for any damages or liability suffered by the Owner due to the Contractor’s
negligence or default. If on account of continuous representation of the
villagers it is found that the contractor has not compensated the villagers for
the same, it shall be settled by the Owner and recovered from the Contractor.
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24.3.15 All temporary facilities and relocation of utilities and other facilities will be
done by the Contractor at his own cost and risk.
24.3.16 The Contractor shall be responsible for restoring the Right of Use and Right
of Way and obtaining the relevant No Objection Certificates (NOC) within
period of four months of opening of Right of Use and Right of Way. Owner
may withhold payment from Contractor against non-receipt of NOC. However,
if landowner does not give NOC, payment can be released if restoration is
done physically and to the satisfaction of Owner/Competent Authority. If the
refundable deposits cannot be regained by the Owner on account of
unsatisfactory restoration by the Contractor, then the Owner shall recover
such deposits plus 20% of deposit value towards overheads from the
Contractor. If any deductions are made or penalties imposed on the Owner
due to unsatisfactory restoration work, then the Contractor shall reimburse the
Owner forthwith.
24.3.17 In HDD case, Disposal of drilling fluid, returns and cuttings produced from
drilling operation from work site including arranging disposal site at
Contractor’s cost and initiative.
24.3.18 In case of Road Crossings by Open cut / Ceased the site needs to be
barricaded and provided with warning signs including night warning
lamps/self-glowing markers at appropriate location for diversion of traffic etc.
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26.1 For the purpose of this clause surplus material means materials mentioned in
the Supply Price Schedule i.e. Sch 1 and Sch 3 and Free Issue Material. This
surplus material shall be handed over to the Owner by the Contractor with the
complete list of material and reconciliation statement of material.
26.2 In case of line pipes, Contractor has to take care of all wastages, etc. The
final length calculation for pipeline shall be on the basis of final pipe book.
The Contractor shall return all the serviceable balance material to Owner as
per Clause 31 of GCC.
All cut pieces of pipe measuring in length more than 2 m when returned to
Owner’s storage points after bevelling and dye penetration test, shall be
considered as serviceable material. All cut pieces of pipe measuring in length
less than 2 m shall be considered as scrap and not taken back by Owner.
Maximum 0.25% of main pipeline length (calculated as per procedure
mentioned aforesaid) shall be allowed as scrap.
All repairs of pipe shall be carried out as per specifications. All defective pipes
shall be replaced during the Defects Liability Period without any limit on the
quantum of the liability on the Contractor.
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28.1 The drawings accompanying the Bidding Documents are indicative of nature
of work and issued for tendering purpose only. Purpose of these drawings is
to enable the Bidder to make an offer in line with requirements of the Owner.
However, no extra claim whatsoever shall be entertained for any variation in
the “For Construction” and “Tender Drawings” regarding any changes / units
and the Contractor shall be required to undertake all necessary works
required to ensure compliance with the Scope of Work and the Technical
Specifications. Construction shall be as per specifications in the Bidding
Document and approved for Construction drawings generated as per
philosophy /guidelines mentioned in the technical volume of Bidding
Document / drawings / specifications reviewed by the Project Manager during
the course of execution of work. The Contractor shall be responsible to
ensure the adequacy of all drawings supplied by the Owner or the Project
Manager without any recourse to the Owner.
28.2 Copies of all detailed working drawings relating to the Facilities shall be
regularly updated and kept at the Contractor’s office on the Site and shall be
made available to the Project Manager at any time during execution of the
Contract. The drawings and other documents issued by the Owner / Project
Manager shall be returned to the Owner on completion of the works.
28.3 The Owner shall provide drawings to the Contractor as specified in the
Technical Volume of the Bidding Document.
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29.1 The approval from any Governmental Authorities required as per Applicable
Law of Central/State Government shall be the Contractor’s responsibility
unless otherwise expressly specified in the Contract. The relevant
applications along with copies of required certificates complete in all respects
shall be prepared and submitted by the Contractor well ahead of time so that
the actual construction / commissioning of the work is not delayed for want of
the approval / inspection by concerned authorities. The inspection of the
works by the Governmental Authorities shall be arranged by the Contractor
and necessary coordination and liaison work in this respect shall be the
responsibility of the Contractor.
29.2 The Contractor shall carry out (free of charge) any change / addition required
to be made to meet the requirements of the Governmental Authorities. The
inspection and acceptance of the work by Governmental Authorities shall
however, not absolve the Contractor from any of his responsibilities under this
Contract.
The Contract Price may be varied due to an agreed Change Order being
agreed as per the following provisions of this Agreement.
The contract price shall be varied for variation in the quantities of the following
only.
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In case of change in Civil works, the same shall be adjusted as per the pre-
estimated unit rates of Civil Works provided in FORM – 26 of Forms &
Procedures.
For above change order, the unit rate quoted in the above schedule shall be
utilised.
For laying and installation of pipeline, the actual length shall be on the basis
of final pipe book.
In case of an agreed Change Order other than above, the Contractor shall be
reimbursed for the material supply and labour charges as per actual purchase
orders along with a mark-up of 10% subject to obtaining offers by Contractor
on comparative basis and authentication by Owner. For items for which unit
rates are available in Price Schedule, the unit rates shall be utilized. Owner
may ask proof payment by Contractor if required. If the rate for any item is
more than 20% (twenty percent) of the estimated rate of OWNER, then it will
be treated as abnormally high unit rate items. In that case Owner may
consider market rates for such Change Order. The decision of the Owner
shall be final and binding on Contractor for executing such Change Order. If
the same is not agreeable to Contractor, Owner has right to obtain
competitive offer from other parties and get the work completed.
In the event of any Change in Tax Law (as defined in Clause 1 of the GCC),
which results in change in total Contract Price due to variation in taxes and
duties, the total contract price shall be varied subject to the production of
documentary proof to the satisfaction of the Owner to the extent which is
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Further variation in taxes and duties (both nature and quantum) shall be
applicable only on the taxes asked for and indicated in the Price Bid, and
approved by Owner. Any variation on account of Change in Tax Law shall be
strictly limited to Taxes applicable on transaction between Contractor and
Owner. In case of addition of any new tax on account of Change in Tax Law
as defined in the tender document, same shall be reimbursed if it is applicable
on direct transaction between Contractor and Owner. No amounts shall be
payable on procurement of raw materials, input side services, intermediary
components etc. by the Contractor.
The Parties shall also agree upon suitable indemnities from the Contractor for
failure of the Contractor to undertake requisite compliances/action steps that
may be required from the Contractor to ensure availment of all permissible tax
credits by the Owner.
31.1 The Contractor shall take care for cleaning the Site from time to time for easy
access to the site and also from safety (and housekeeping) point of view. All
such work shall be carried out by the Contractor at its own cost and risk.
31.2 The Site should be always kept cleaned up to the satisfaction of the Owner.
Before handing over the entire facilities or a part thereof to the Owner, the
Contractor in addition to other formalities to be observed as detailed in the
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document shall clear the site to the satisfaction of the Owner and the
Governmental Authority having jurisdiction over it. The Contractor shall obtain
no-objection certificate from the affected landowner and/or other interested
parties.
32.1 Contract agreement shall be prepared within thirty (30) days after the
issuance of the Letter of Acceptance of Bid. Until the final contract documents
are prepared and executed this Bid Document together with the annexed
documents, modification, deletions agreed upon by the Owner and Bidder
shall constitute a binding contract between the successful Bidder and the
Owner based on terms contained in the aforesaid documents and the finally
submitted and accepted prices.
d) Purchase orders
33.1 The followings clause shall be read in conjunction with the Clause 11 of GCC
and terms and procedure of Payment forming part of this document. Details
mentioned at ANNEXURE-I: TERMS OF PAYMENT in this document.
Payment shall be made on the basis outlined in Terms of Payment. For the
items for which unit rate basis and quantities are mentioned in Price
Schedule, the payment shall be made for actual quantities executed/utilised.
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The Contract Price for the various separable Scopes of Work shall be paid as
set forth in Terms of Payment upon the satisfaction of payment terms
specified therein and upon the presentation by Contractor of an undisputed
invoice for the relevant amount of payment.
34.0 Crossings
34.1 For HDD Crossings and other crossings refer Technical Specifications.
If any additional land and approach road is required to execute river crossings
/ any crossing, Contractor shall obtain the same at his own risk and cost.
34.3 In the event of any contradiction, of any methodology and cover over the
pipeline at the crossings, the requirements of the Governmental Authorities
shall prevail and shall be binding on the Contractor.
34.4 To start the physical work, Liaoning with respective authorities to obtain
necessary permits & approval shall be in Contractor’s scope.
There are areas along the RoU where mining / muck for brick kilns are
undertaken.
Contractor shall identify these areas and take special precautions for burial of
pipeline along these locations.
The depth of burial is anticipated to be 3 metres from the lowest graded RoU /
Row for the entire length of pipeline in this area
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premises, of Steel Mills, line pipes, coating of line pipes, valves, equipment
manufacturing, etc. Single TPIA shall be appointed for inspection of all
materials supplied by Contractor for entire project.
Owner reserves the right to appoint TPIA for quality surveillance during the
time of manufacturing and supply of major items.
First day production and quality checks shall be carried out in presence of
Owner / Owner’s representatives / TPIA.
Contractor shall ensure that TPI inspectors have sufficient experience and
qualification to fulfil the inspection of specified items. Contractor shall submit
the CVs of proposed personnel before putting them on to the job. The
Contractor shall give the Owner not less than 3 (three) working days for its
approval.
Community welfare, if any, shall be taken care of, by the Contractor en route,
at the time of construction.
38.0 Deleted
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39.2 The CONTRACTOR shall not recruit personnel of any category from among
those who are already employed by the other agencies working at site but
shall make maximum use of local labour available.
40.2 All foreign nationals coming to India for execution of Projects/ Contracts will
have to apply for employment visa only and that grant of employment visa
would be subject to strict adherence of following norms (and/or as otherwise
required under Applicable Laws):
40.2.1 Employment visa is granted only for the skilled and qualified professionals or
to a person who is being engaged or appointed by a company, organisation,
industry or undertaking etc. in India on contract or employment basis at a
senior level, skilled position such as technical expert, senior executive or in
managerial position etc.
40.2.2 Request for employment visa for jobs for which large number of qualified
Indians are available, may not be considered.
40.2.4 Contractor is advised in its own interest to check latest Visa rules and all other
Applicable Laws, from Indian Embassy/ High Commission in their country in
case Foreign nationals are required to be deputed to India during execution of
the Contract
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41.1.1 The Contractor shall without prejudice to his overall responsibility to execute
and complete the entire Scope of Work as per Technical Specifications and
Time Schedule, progressively deploy minimum construction equipments and
tools & tackles as specified in FORM F-20 of Forms and Procedures as and
further augment the same as and when required and determined by the
Owner depending on the exigencies of the work so as to complete all works
within the contracted Time Schedule and without any additional cost to
Owner. No construction equipment shall be supplied by the Owner.
41.2.1 Subject to the provisions in the contract document and without prejudice to
Contractor’s liabilities and responsibilities to provide adequate qualified
skilled, semi-skilled and unskilled personnel on the work, Contractor shall
deploy minimum supervisory personnel as specified in FORM F-22 of Forms
& Procedures & Technical Part of Bidding Document and augment the same
as decided by the Owner depending upon the Site requirement & the
exigencies of work so as to complete all works within the contracted time
schedule and without any additional cost to the Owner.
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42.1 Contractor shall on its own arrange import of all materials required for
permanent incorporation in the works as well as construction equipment as
per the guidelines laid down by the Government of India and other applicable
Governmental Authorities. Owner shall not provide import licence.
44.1 Following facilities are to be ensured at all work places where workmen are
deployed/engaged by Contractor.
iii) Toilets (separately for men and women workers, in sufficient numbers as
per the total strength of site workers)
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vi) Maintain Register for entry/exit with time for all staff working at site on
daily basis
In addition, the Contractor shall also provide such other facilities as are
required under Applicable Law and Technical Specifications.
45.1 The Contractor shall be responsible for acquiring land for anode bed in the
name of Owner, its associated facilities, chain link fencing around the
acquired land, preparation of appropriate drawings and laying of C P cable up
to the anode as mentioned in the Technical Specifications, and cost of the
same is deemed to be included in the Contract Price.
46.0 Deleted
47.1 Owner shall be monitoring the whole Contract through PIMS and Contactor
shall provide the data / information accurately as and when demanded.
Accuracy of such data shall be the prime responsibility of the Contactor.
47.2 Development of software for PIMS is in the scope of the contractor. The
detailed scope of work shall be as per the Technical Section of Bidding
Document.
48.1 Without diluting the specific applicability of clauses 11.5 & 11.6 of the ITB and
13.4, 13.5, 13.7 & 13.8 of the GCC, generally, where the Contractor is a
consortium, the member as specified in their agreement of the consortium
shall represent the Contractor in all dealings with Owner and shall do all acts,
deeds, matters and things required to be done by the Contractor under the
Contract, including (but not limited to) exchange of correspondence,
drawings, documents and receiving payments.
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a) All dealings had with and/or all acts, deeds, matters and things
done by or payments made to and documents drawn and/or
negotiated by such member shall be binding upon the Contractor
and each member of the consortium, and in so far as Owner shall
require a discharge in respect of any dealing had or act, deed,
matter or thing done or payment made as aforesaid, the same shall
constitute a valid discharge to Owner.
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50.1 Free Issue Materials (FIM), if any, shall be issued as per terms and conditions
set forth in the Technical part of bidding document from Owner’s stores or
other issue points of Owner.
50.2 Every month, CONTRACTOR shall submit an account for all materials issued
by Owner in the proforma prescribed by the Engineer-in-Charge. On
completion of work the CONTRACTOR shall submit “Material Appropriation
Statement” for all materials issued by the Owner.
50.3 Wherever materials are under CONTRACTOR’s scope of supply whether part
or in full for any item of work covered under SOR, no allowances towards
wastage/scrap etc. shall be accounted for, except for Line pipes as specified
under clause 26.0 of SCC.
50.4 The conditions for issue of materials by the Owner and reconciliation of such
materials shall be as per Technical Specifications.
50.6 Free Issue Materials shall be issued to the Contractor from the designated
store(s) of Owner. Contractor shall be responsible for lifting the free issue
materials from Owner’s storage point(s) and transporting the same to work
site(s) at his own cost.
50.7 Transit insurance for such material shall be in the scope of Contractor.
Contractor shall at his own expense arrange, secure and maintain insurance
cover for Owner supplied free issue materials as defined in Bidding
Document. Contractor’s quoted price shall be inclusive of all costs on account
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of insurance liabilities covered under the Contract. Contractor to note that the
beneficiary of insurance cover shall be GIGL. The insurance cover of the free
issue material shall be for the period from the date of handing over the
material to Contractor from Owner's designated place of issue/ dumpsite to
date of handing over the completed work to Owner.
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Payment Procedures
Owner shall pay the Contractor in the following manner and at the following times, on
the basis of the Price Breakdown given in the section on Price Schedules. Applications
for payment in respect of part deliveries may be made by the Contractor as work
proceeds. The Contractor can raise RA bills on not less than fortnightly basis.
Contractor’s RA bills shall be paid by Owner within 30 working days of submission of
undisputed invoices certified by OWNER.
The procedures to be followed for certifying and making payments shall be based on
the final agreed schedule and method of payment agreed between the owner and the
Contractor based on the percentages indicated below.
Mobilization Advance can be availed if desired by the Contractor. The maximum amount
of Mobilization Advance shall be 10% of Contract Price. Mobilization Advance shall bear
interest, based on one-year State Bank of India MCLR plus spread of 2% per annum on
the date of disbursement of mobilization advance. The Mobilization Advance shall be
recovered proportionately from each RA Bill. The interest amount shall be adjusted from
the RA Bill payments. The mobilization advance shall be paid only after signing of
Contract Agreement, submission of Performance bank guarantee and issue of Notice to
proceed.
The TDS on the interest received from contractor in this regard shall be deposited by
the contractor to the Income Tax Authorities. The TDS so deposited shall be reimbursed
to the contractor against the TDS certificate issued in favour of the Owner.
Payment for line pipes will be made only as per the line pipes delivered as per Clause
3.2 of SCC or the actual quantities delivered as per the construction schedule agreed by
the parties, whichever is more.
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ON ACCOUNT PAYMENTS
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B. HDD
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C. Civil / Structural
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a) Plastering 3%
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CONSTRUCTION STAGE
1 ROU & Land Acquisition Under the According to Pipe Route Map,
Petroleum and ROU acquisition & Station
Minerals Pipelines Land acquisition (Permanent)
(Acquisitions of right of shall be carried out by Owner
users inland) Act,
(Excluding re-route/detour as
(PMP Act) 1962 and its
amendments, if any. per tender details).
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NOTE:
In principle approval for all utility crossings from concerned authorities will be obtained
by Owner. Necessary approvals, work permit s, liaison, clearances, etc. from
respective concerned authorities before actual commencement of job at site including
preparation and establishment of safety procedures for necessary works shall be in
scope of Contractor. Statutory payments shall be made by Owner.
All other permissions/clearances required to complete the job shall be taken by Bidder
as per terms and conditions of Bidding document.
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