Attachment-a page of Hindustan Petroleum Corporation Ltd. Mundra Dispatch & Pumping Station, Mundra-Delhi Pipeline

24. LABOUR LEGISLATION:

1. 
   The contractors shall regularly submit the Challans /receipts/proof for the depositing PF contribution with Regional Provident Fund Commissioner.
   

2. 
   The contractor is required to obtain Labour License under the provisions of Contract Labour (R & A) Act, 1970 from the office of ALC (Central) Ministry of Labor, Govt. of India as applicable.
   

3. 
   The contractor is liable to abide by all necessary licenses/permissions from the concerned authorities as provided under the various labour legislations.
   

4. 
   The contractor shall discharge his obligations as provided under various statutory enactments including the Employees provident fund and Miscellaneous Provisions Act, 1952, Contract Labour (R & A) Act, 1970, Minimum Wages Act 1948, Payment of wages Act 1936, Workman Compensation Act and other relevant acts, rules and regulations enforced from time to time.
   

Signature & Seal of the Bidder

Attachment- 4

Page 9 of 17
Hindustan Petroleum Corporation Ltd.

Mundra Dispatch & Pumping Station, Mundra-Delhi Pipeline

REFERENCE NO:

9000033-HB-10135

5. 
   The contractor shall be solely responsible for the payment of wages and other dues, if any, to the personnel deployed by him latest by 7th of the subsequent month in the presence of HPCL's representative at the base location. Contractor shall ensure payment of wages to the person employed and meet all statutory obligations of payment as per Minimum Wages Act 1948 and payment as per Minimum Wages Act 1948 and payment of wages Act 1936.
   

6. 
   While conforming to any of these conditions, the contractor should ensure that no law of state regarding labour, welfare, conduct etc. is violated. The contractor shall indemnify HPCL for any action brought against him for violation/ non compliance of any act, rules & regulation of center /state/local statutory authorities.
   

7. 
   The contractor shall strictly follow and abide by the rules & regulations of Motor Vehicles Act, Motor Vehicle Rules, Pollution Control Norms and other relevant Central/State legislation's and regulation of Central/State Government and other authorities. The contractor agrees to indemnify and hold HPCL and its employee's harmless for /against any loss expenditure and claims penalty etc. of whatsoever nature to the HPCL in this regard due to the non-fulfillment of the obligations and violation by the contractor.
   

8. 
   The contractor will be fully responsible for any and all disputes arising out of any Labour Act, Motor vehicles act, Income Tax Act, payment of Wages Act, Pollution Control Act, Mines Act EPF Act, Industrial Disputes Act etc. and will settle the same on his own. It is the responsibility of the contractor to pay the Driver/any employee as per labour law/payment of wages Act in force and in case of failure of any claims, contractor is solely responsible.
   

9. 
   The contractor must indemnify the HPCL or its employees against any liquidated damages incurred as the principal employer for any failure of contractor to honor the various Central/State/Local self-body laws/ enactments in this respect.
   

25. TAXES
The contractor shall pay all the taxes including Road taxes of the States it is plying, corporate tax, Sales tax and such other taxes levied by Central/State or any other Authorities for which no payment shall be made separately. The price quoted by the party is deemed to include such taxes and duties. However, HPCL will deduct TDS, applicable as per Government guidelines.

Signature & Seal of the Bidder

Attachment- 4

Page 10 of 17
Hindustan Petroleum Corporation Ltd.

Mundra Dispatch & Pumping Station, Mundra-Delhi Pipeline

REFERENCE NO:

9000033-HB-10135

26. LOG BOOK MAINTENANCE

1. 
   Separate log book for each vehicle on monthly basis to be maintained. The driver should get it correctly filled by HPCL officers using the vehicle immediately on completion of each trip, daily with name and initial of the Officers. All bills will be certified / verified on the basis of the log of the vehicle.
   

2. 
   The opening reading/closing readings of Km/Time shall be taken from the notified base location & not from the contractor garage/residence. The opening KM reading shall be filled in logbook immediately on reporting to duty.
   

3. 
   In case of incorrect filling of log book or if there is any objection in the book maintenance, the bills may be returned for getting the objections rectified. The logbook must be filled in all respect from user on day to day basis from the first day of operation of each vehicle.
   

27. ACCIDENTS/DAMAGES/CLAIMS LIABILITIES:

1. 
   In the event of any accident or damages while the vehicles on the duty, HPCL shall be completely free from the liability of any nature connected with the accident/damage. The contractor is fully and exclusively responsible for any damages to vehicles or any personal injury to driver or any other person in the employment of the contractor, occupants of the vehicle or any third party damage / claims.
   

2. 
   The contractor will be solely responsible for any consequences under law, arising out of any accident caused by the vehicle /equipment to the property or personnel of HPCL. The contractor shall also be responsible for any claim/compensation that arises due to damage/cause or injuries sustained by any third party/parties/including life, permanent injuries etc. by his/their vehicle(s), in addition to damages/death etc. The contractor shall reimburse on demand and without any demur the compensation /damages if any sustained by the HPCL on this account.
   

3. 
   The contractor himself will be responsible for any damages to the vehicles, any personal injury to driver or any other person in the employment of contractors while vehicles are on HPCL duty. It is the responsibility of the contractor to inform the user of the vehicle as well as the Location In-charge, the occurrence of any accident involving his vehicle, as early as possible to avoid any disruption of HPCL's operations & provide substitute vehicle. Absence of vehicle due to any accident shall not entitle the contractor for any exemptions from the liabilities of the contract whatsoever and arrangement of the alternative/substitute is the responsibility of the contractor.
   

Signature & Seal of the Bidder

Attachment- 4

Page 11 of 17
Hindustan Petroleum Corporation Ltd.

Mundra Dispatch & Pumping Station, Mundra-Delhi Pipeline

REFERENCE NO:

9000033-HB-10135

28. INSURANCE

1. 
   Hired vehicle(s) should be insured by the contractor, at his own cost covering all risk and liabilities. HPCL shall not pay insurance policy cost separately. Cost of purchasing insurance policy should be included in the rates quoted by the contractor.
   

2. 
   The copies of insurance policies/certificates shall be submitted to HPCL on the date of placement of vehicle and renewals made subsequently shall be submitted in time.
   

29. Servicing/maintenance of the Vehicles shall be well planned so as to provide the smooth and trouble free services as per the Contract. Alternate/substitute vehicle meeting the requirements as specified for regular vehicle only will be supplied by the contractor in such cases of servicing / Maintenance.
30. Driver shall always carry following documents in original & with current validity:

1. 
   Driving License
   
2. 
   Vehicle Registration Book
   
3. 
   Road Tax payment Certificate
   
4. 
   PUC Certificate
   
5. 
   Insurance Policy
   
6. 
   Fitness certificate
   

31. ASSURED MILEAGE:
The Contractor is required to supply vehicle with assured mileage per quarter for each vehicle as mentioned in Schedule of Rates under respective items. For each vehicle, over and above the specified assured mileage per quarter, the extra mileage will be paid as per unit rate quoted by the contractor in Schedule of Rates. Monthly bills will be processed on lump sum monthly rate as per SOR and additional mileage will be paid at the end of every quarter (3 months) after adjustment of assured mileage on quarterly basis for each vehicle. In other words, the actual amount payable will be recalculated during the 3rd month of each quarter and the money paid in first 2 months will be adjusted before making payment for 3rd month.
The following example will explain the modus of operation:
For assured monthly mileage of 4500 Kms & mileage of 13,500 Kms in a quarter:

Monthly Hire Charges, for 4500 Km = Rs. 25000/- (Amount mentioned is only for example)

Additional Mileage Rate, say: Rs 3.05 per Km. (Amount mentioned is only for example)

Signature & Seal of the Bidder
Attachment- 4

Page 12 of 17
Hindustan Petroleum Corporation Ltd.

Mundra Dispatch & Pumping Station, Mundra-Delhi Pipeline

REFERENCE NO:

9000033-HB-10135

A. Mileage in 1st month 4900 Kms. Amount to be paid in 1st month: Rs. 25000/-

B. Mileage in 2nd month 4200 Kms. Amount to be paid in 2nd month: Rs. 25000/-
Case 1
Mileage in 3rd month: 4000Km.

Total Mileage for 3 months 4900+4200+4000 = 13100

Amount to be released in 3rd month: 75000- (25000+25000) = Rs. 25000/-
Case 2
Mileage in 3rd month: 4400 Km.

Total Mileage for 3 months: 4900+4200+4400 = 13500

Amount payable for the quarter: 25000*3 =Rs. 75000/-

Amount to be released in 3rd month 75000- (25000+25000) Rs. 25000/-

Case 3
Mileage in 3rd month: 5000 Km.

Total Mileage for 3 months: 4900+4200+5000 = 14100

Amount payable for the quarter: 25000*3 + (14100-13500)* 3.05 = Rs. 76830/-

Amount to be released in 3rd month: 76830 - (25000 +25000) = Rs. 26830/-

Note: In case any vehicle gets changed during the course mileage of the old vehicle and new vehicle will be considered as a single vehicle for the purpose of calculating the quarterly mileage.
32. BILLING CYCLE
Monthly billing cycle will be for a whole calendar month (i.e. starting from 1st day of month & ending on last day of the month). If a vehicle is placed on any particular day of a month, payment for that vehicle will be made on prorata basis for the number of days vehicle plies till the last date of that month. Prorata calculations shall be followed for quarterly cycle for extra mileage calculations starting from subsequent next 3 full months. ( E.g.: Suppose in Palanpur a vehicle is placed on January 18, 2009, than prorate payment shall be made for the period 18-31 January 2009 for all items (including fixed monthly charges ) of Rate schedule. However, from February 01, 2009 onwards quarterly cycle calculations shall be applied for extra mileage calculations for the quarter February 2009 to April 2009.

Signature & Seal of the Bidder


Attachment- 4

Page 13 of 17
Hindustan Petroleum Corporation Ltd.

Mundra Dispatch & Pumping Station, Mundra-Delhi Pipeline

REFERENCE NO:

9000033-HB-10135

33. PAYMENT TERMS
Payment shall be released within 15 days from the date of receipt of duly certified monthly bills by our Disbursement Section of MDPL Mundra.
Note: Bills shall be accepted by HPCL-MDPL only after fulfilling all the statutory and other requirements and attaching the proof of compliance.
34. PRICE VARIATION CLAUSE
Price variation clause shall be applicable for Normal Diesel only. In case of Price variation of Normal Diesel, the revised rate will be arrived at as per the formula given below:
New Rate per Kilometer = X + (Y/10)
("X" stands for current rate per Kilometer & "Y" stands for increase/decrease in Normal Diesel Rate per Litre) No rate variation shall be permitted for increase/decrease in Normal Diesel price upto 99 paise/Ltr. Rate Variation shall be permitted only for price variation beyond 99 paise/Ltr. In case of reduction in price beyond 99 paise/Ltr, the reduction shall be worked out and benefit shall be passed on to HPCL. The price of Normal Diesel prevailing at Palanpur on the due date of tender shall be considered as the base price for arriving at price variation.
35. HPCL reserves its right to split the quantity and place on one or more parties and the decision of HPCL shall be final and binding on this.
36. HPCL -MDPL reserves the right to reject any or all bid(s) without assigning any reason.
37. Contractor/s has to provide a Mobile Phone to the driver of each vehicle. No Separate payment shall be made for the same & the cost to be incurred should be included in quoted rates.
38. For prorata calculations, one month shall be considered as 30 days.
39. TERMINATION
HPCL may, at its sole discretion, terminate the contract by giving the contractor 30 days written notice without assigning any reasons whatsoever.

Signature & Seal of the Bidder

Attachment- 4

Page 14 of 17
Hindustan Petroleum Corporation Ltd.

Mundra Dispatch & Pumping Station, Mundra-Delhi Pipeline

REFERENCE NO:

9000033-HB-10135

40. DEFINITIONS

1. 
   HPCL means Hindustan Petroleum Corporation Limited having its registered office at 17, Jamshedji Tata Road, Mumbai - 400 020.
   

2. 
   MDPL means Mundra-Delhi Pipeline owned by HPCL.
   

3. 
   CONTRACT means purchase order and the documents forming the tender and acceptance thereof together with the documents referred to therein including these conditions, the specifications, bills of quantities, designs, drawings and instructions issued from time to time by HPCL or any person authorized by the competent authority. All these documents taken together shall be deemed to form one contract and shall be complementary to one another.
   

4. 
   CONTRACTOR shall mean the individual or firm or company, whether incorporated or not, undertaking the works and shall include the legal personal representative of such individual the persons composing such firms or company, or the successors of such firms or company and the permitted assigns of such individual or firm or firms or company.
   

41. SECURITY DEPOSIT
On award of contract / job, successful bidder shall submit a security deposit of one percent (1%) of the total contract value of the job in the form of account payee crossed demand draft from any Nationalised / Scheduled Bank (other than Cooperative Banks) drawn in favour of M/s. HPCL payable at Mundra, within 7 days from the date of receipt of intimation with regard to acceptance of your bid, failing which HPCL has the right to pass the offer.
42. SUB-CONTRACT / SUB-LETTING
Contractor shall not sublet, subcontract or assign the Contract awarded.
43. BILLING & PAYMENT

Bill in TRIPLICATE shall be submitted on monthly basis for all the Vehicle(s) along with the copies of Logbook, ESI & PF Challans to the Reporting Officer.

Signature & Seal of the Bidder

Attachment- 4

Page 15 of 17
Hindustan Petroleum Corporation Ltd.

Mundra Dispatch & Pumping Station, Mundra-Delhi Pipeline

REFERENCE NO:

9000033-HB-10135

Payment though E- payment will be made against bills duly certified by Reporting Officer in 15 days from the date of receipt of the certified bill by our Disbursement section at
Hindustan Petroleum Corportaion Limited

Mundra Delhi Pipeline

Mundra Dispatch & Pumping Station

Old Mundra Port Road

Mundra - Kutch, Gujarat - 370421

44. STATUTORY

1. 
   The contractor shall comply with the provisions of the following acts, any amendments / modifications thereof or any other law relating thereto and rules made thereunder from time to time and make all the payments specified therein.
   

1. 
   Payment of Wages Act, 1936
   
2. 
   Workmen's Compensation Act, 1923
   
3. 
   Industrial Dispute Act, 1947
   
4. 
   Minimum Wages Act, 1948
   
5. 
   Employees State Insurance Act, 1948
   
6. 
   Employees Provident Fund Act
   
7. 
   Contract Labour R & A Act.
   
8. 
   Motor Vehicle Act
   

2. 
   The contractor will be fully responsible for complying with the provision including documentation and submission of reports on the above to the concerned authorities and shall indemnify the corporation from any such lapses for which the Government may be required to take action against him.
   

3. 
   The contractor will be fully responsible for complying with all relevant provisions of the Contract Labour Act and shall pay rates or wages and observe hours of work/ conditions of employment according to the rules in force from time to time.
   

4. 
   Driver(s) shall have ESI and PF coverage and is covered by all the applicable Statutory requirements. Driver(s) shall be given adequate relief as per applicable rules.
   

5. 
   The contractor will be fully responsible for complying with the provisions of Workmen's Compensation Act and shall ensure safe working conditions for his workers.
   

Signature & Seal of the Bidder

Attachment- 4

Page 16 of 17
Hindustan Petroleum Corporation Ltd.

Mundra Dispatch & Pumping Station, Mundra-Delhi Pipeline

REFERENCE NO:

9000033-HB-10135

6. 
   Contractor shall be liable to pay his contributions and the employees contributions to the State Insurance Scheme in respect of all labour employed by him for the executions of the contract in accordance with the provisions of the Employees State Insurance Act of 1948 as amended from time to time. In case the contractor fails to submit full details of his account of labour employed and contributions payable, the HPCL shall recover from running bills of contractor an amount of the contribution assessed by him. The amount so recovered shall be adjusted against the actual contribution payable for Employees State Insurance.
   

7. 
   HPCL shall have the power to deduct any sum required / estimated to be required from the sum due to the contractor for the following :
   

1. 
   Making good the loss suffered by the workers due to non-fulfillment of Contract Labour R&A Act.
   

2. 
   Non-payment of Wages.
   

3. 
   Deductions from the wages of the labour which cannot be justified by the terms of contract Labour R&A Act.
   

4. 
   Non observance of any of the provisions of the Contract Labour R&A Act.
   

5. 
   Such deductions will only be made based on a report from the local Labour Commissioner / Inspecting Officer in accordance with Contract Labour R&A Act.
   

45. LABOUR

1. 
   The contractor shall at his own cost employ persons during the period of contract and the persons so appointed shall not be construed under any circumstances to be in the employment of HPCL even though they may be working under HPCL supervision or within HPCL premises.
   

2. 
   All payments shall be made by the contractor to the labour employed by him in accordance with the various rules and regulations stated above. The contractor shall keep HPCL indemnified from any claims whatsoever inclusive of damage/costs of otherwise arising from injuries or alleged injuries to or death of person employed by contractor or damages or alleged damages to the property.
   

3. 
   MODEL RULES FOR LABOUR WELFARE
   

The contractor shall at his own expenses comply with or cause be complied with Model Rules for Labour Welfare as appended to those conditions or rules framed by the Government from time to time for the protection of health.

Signature & Seal of the Bidder
Attachment- 4

Page 17of 17
Hindustan Petroleum Corporation Ltd.

Mundra Dispatch & Pumping Station, Mundra-Delhi Pipeline

REFERENCE NO:

9000033-HB-10135

46. TAXES

1. 
   The Contractor shall be responsible and bear all Taxes, Duties, Insurance etc. under Statutory requirements.
   

2. 
   TOLL CHARGES: Toll charges enroute paid by the Driver for the Vehicle on duty, if any, will be reimbursed against documentary proof along with Monthly bills by HPCL.
   

3. 
   SERVICE TAX: Tenderer also required to mention the rate of service tax separately in their offer. Accordingly, the billing shall be done after adding the service tax. It shall be the solely contractor's responsibility to pay the applicable service tax to the statutory authorities. HPCL shall reimburse the service tax only upon submission of documentary evidence for depositing the same to the statutory authorities.
   

4. 
   INCOME TAX: Will be deducted at source as per rules at prevailing rates unless certificate, if any, for deduction at lesser rate or nil deduction from appropriate authority is submitted by the contractor to HPCL.