ITB - Electrical Works For WWTF Chemical Dosing Unit Rev A (Wit Sig)

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 86

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED

CENTRALISED ENGINEERING AND CONSTRUCTION

TENDER NO. 10278803

FOR

SUPPLY AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING


FIXTURES, GROUNDING INFRASTRUCTURE, CIVIL WORKS AND RELATED
ITEMS FOR THE WASTE WATER TREATMENT FACILITY CHEMICAL
DOSING UNIT

2009 SEPTEMBER

____________________________________ ----
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 2 of 86

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED


CENTRALISED ENGINEERING AND CONSTRUCTION

SUPPLY AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING


FIXTURES, GROUNDING INFRASTRUCTURE, CIVIL WORKS AND RELATED
ITEMS FOR THE WASTE WATER TREATMENT FACILITY CHEMICAL
DOSING UNIT

TENDER NO. **10278803

TABLE OF CONTENTS

Section 1 Invitation and Bid (Form P-5002A)

Section 2 Summary

Section 3 Instruction to Bidders

Section 4 Scope of Works

Section 5 Form of Bid

Section 6 Form of Agreement

Section 7 Specifications

Section 8 Quality Management Requirements

Section 9 List of Appendices

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 3 of 86

TENDER NO. **10278803

SECTION 1

INVITATION AND BID (Form P-5002A)

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 4 of 86

TENDER NO. **10278803

SECTION 2

SUMMARY

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 5 of 86

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED


CENTRALISED ENGINEERING AND CONSTRUCTION

SUPPLY AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING


FIXTURES, GROUNDING INFRASTRUCTURE, CIVIL WORKS AND RELATED
ITEMS FOR THE WASTE WATER TREATMENT FACILITY CHEMICAL
DOSING UNIT

TENDER NO. **10278803

SUMMARY

PETROTRIN is required to install, test and commission power cables, grounding infrastructure
and a lighting system at the West Area Chemical Dosing Unit for the Waste Water Treatment.

The Invitation To Bid document for this job outlines the extent of works required for the supply,
installation, testing and commissioning of the above mentioned items and the excavation works
associated with it.

Time of Completion : Six (6) weeks

Amount of Liquidated Damages : TT $10,000/day up to a maximum of 10% of


Contract Price

Bid Validity : Ninety (90) Calendar days

Percentage Retention : Ten percent (10%)

Defects Liability Period : Twelve (12) months

Performance Bond : 10% of the Contract Price

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 6 of 86

TENDER NO. **10278803

SECTION 3

INSTRUCTIONS TO BIDDERS

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 7 of 86

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED


CENTRALISED ENGINEERING AND CONSTRUCTION

SUPPLY AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING


FIXTURES, GROUNDING INFRASTRUCTURE, CIVIL WORKS AND RELATED
ITEMS FOR THE WASTE WATER TREATMENT FACILITY CHEMICAL
DOSING UNIT

TENDER NO. **10278803

INSTRUCTIONS TO BIDDERS

3.1 INTRODUCTION

This Invitation to Bid Package covers all works associated with the installation, testing and
commissioning of five (5) Low Voltage Feeder cables, Grounding infrastructure, Area
Lighting and all related power and civil works at the Waste Water Treatment Facility
Chemical Dosing Unit.

3.2 INVITATION TO BIDDERS

PETROTRIN hereby invites the submission of Bids, for performance of the works described in
the Bid documents and in compliance with the conditions herein.

3.3 FORM OF AGREEMENT

Bidders will be required to comply with the Form Of Agreement. It is not subject to addition,
deletion or change by negotiation, however should a Bidder wish to take exception to any of the
terms and conditions contained therein, proposed revisions with reasons for each exception are to
be submitted with the bid. PETROTRIN at its sole option may accept or reject all or any part of
the Bidder’s proposed exception without negotiation.

3.4 CONFIDENTIALITY

All drawings, specifications, and technical information provided to the Bidder shall be treated as
confidential. The Bidder agrees NOT to permit such drawings, specifications, or other
information to be shown or disclosed to anyone other than those who need it in connection with
the preparation of the proposal. The Bidder further agrees to require a similar agreement on the
part of any supplier to whom any drawings, specifications, or technical information is shown or
disclosed. Any public disclosure must have the PETROTRIN’s prior approval.

3.5 BIDDING DOCUMENTS

3.5.1 COMPLIANCE WITH BID DOCUMENTS

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 8 of 86

i) In submitting a Tender, the Bidder warrants he has thoroughly examined these documents,
understands and has the capabilities for executing the work and/or providing the services
specified and is familiar with conditions at site and in the general area applicable to the work
and/or services.

ii) In each case the conditions and terms of the documents issued herewith, supplemented by the
particulars provided by the successful Bidder in his Form of Bid and its enclosures and
finally negotiated and agreed by PETROTRIN and Bidder, are intended to be included
without further amendment in the Contract between PETROTRIN and the successful Bidder.

iii) It is the Bidder’s responsibility to review the specifications (including drawings where
applicable) and to present any and all exceptions, suggested modifications and substitutions
in a separate and independent section of his Bid proposal. Failure to do so shall in no way
relieve the Bidder of his responsibility to provide a complete and operable facility in
accordance with the proper intent hereof and with standards of quality generally accepted in
the industry.

3.5.2 CLARIFICATION OF BIDDING DOCUMENTS

A Bidder requiring clarification of the documents may notify PETROTRIN in writing at the
address:
Petroleum Company of Trinidad and Tobago Limited.
Centralized Engineering and Construction
Casuarina Avenue
Pointe-a-Pierre
Attention: Mr. Michael James.

PETROTRIN will respond in writing to any request for clarification received earlier than three
(3) days prior to the deadline for the submission of the Bid. ALL other Bidders will be sent
copies of queries and responses.

3.5.3 AMENDMENT OF BIDDING DOCUMENTS

Any change or clarification of the Bid Documents will be made prior to the bid date by written
Addenda only and issued by PETROTRIN to each Bidder.

PETROTRIN will not be responsible for any interpretations made by the Bidder as a result of
information received by any means other than by written Addenda.

Each Addendum when issued is to become part of the Bid Documents. The Bidder is to
acknowledge receipt of all Addenda, by communicating with PETROTRIN as per Clause 3.5.2.

3.6 PREPARATION OF BIDS

3.6.1 OBLIGATION OF BIDDER

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 9 of 86

At the time of the opening of Bids, each Bidder will be presumed to have read and to be
thoroughly familiar with the Invitation Documents (including all Addenda), and satisfied himself
as to the nature, extent and practicability of the works and/or services and all other points which
can in any way affect the prices quoted. The failure or omission of any Bidder to examine any
form, instrument, or document shall in no way relieve any Bidder from any obligation in respect
to his Bid.

3.6.2 CURRENCIES AND PAYMENT

Bidders shall submit their Bids in Trinidad and Tobago Dollars only and payment on the contract
shall be made in Trinidad and Tobago Dollars.

3.6.3 BID VALIDITY

The Bidder’s proposed price shall be firm and valid for ninety (90) days from the day Tenders
are closed, unless otherwise stated.
In exceptional circumstances, PETROTRIN may request the Bidder for a specific extension in
the period of bid validity. A Bidder agreeing to the request will not be required nor permitted to
modify his bid but where applicable, will be required to extend the validity of his bid bond
correspondingly.

3.6.4 PRICING

All bidders shall quote a Lump Sum price for the works. All prices shall be considered to
include all duty, taxes (excluding VAT), transportation and other cost, unless otherwise stated.
VAT shall be quoted as a separate price apart from the quoted tender amount. All prices and
amounts shown on the Tender, and other parts of the Bidding Document shall be expressed in
Trinidad and Tobago Dollars.

3.6.5 EXCEPTIONS TO BIDDING DOCUMENTS

Any and all exceptions to any part of these Bid Documents shall be consolidated and presented
as a separate and independent section of Bidder’s proposal. Isolated exceptions incorporated
throughout the proposal but not included in this independent section will not be recognized or
incorporated in any subsequent contract award and the CONTRACTOR will be required to
comply with the affected drawing, specifications, terms, conditions, instructions, etc., as set out
herein and shall not be entitled to any claim for extra payment in respect of such compliance.

3.6.6 PRE-AWARD CORRESPONDENCE

After receipt of these Invitation To Bid documents all correspondence from Bidders regarding
these documents shall be addressed as outlined in the invitation.
All correspondence from Bidders should reference the project title, and tender number. Where
deemed necessary, Bidders’ questions and responses/clarifications by PETROTRIN shall be
provided to all other Bidders for information purposes.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 10 of 86

PETROTRIN reserves the right to accept or reject any or all bids, or annul the bidding process at
any time, or cancel any or all of the works for which the invitation is made in its entirety or
partially, without defraying any costs incurred by the bidder in its participation in any part of the
bidding process including, but not limited to, the preparation and submission of a bid.

3.6.7 INFORMATION TO ACCOMPANY BID

The Bidder’s submission should demonstrate to PETROTRIN that he has the necessary
experience, technical expertise, manpower, tools and equipment resources to perform the Work
and/or Services and that he thoroughly understands the nature and scope of the Project.

Minimum details and information to be provided with the Bid shall be as follows:
Project Execution Plan
Project Schedule
Project Manpower Availability and Loading Plan

3.7 SUBMISSION OF BIDS

3.7.1 COST OF SUBMISSION OF BIDS

3.7.2 BID PRESENTATION

i) The Bid submitted shall include as a minimum, the following:

(a) The Form of Bid, Unit Rates, Schedules as may be required completed in its entirety.
(b) A bid bond of $10,000.00 in accordance with the form of bid bond attached in Appendix
6. Bidders will be reimbursed their respective bid bonds upon opening of bids.
(c) All other information requested in Clause 3.6.7 - Information to Accompany Bid.
(d) An independent section contains any and all exceptions taken to these Bid Documents.
Refer to Clause 3.6.5.

(e) Specification sheets of all intended equipment to be used for in the final design.

ii) The Bid Documents shall be typed or written in indelible ink and shall be signed by the legal
representative or other persons duly authorized to bind the Bidder to the Contract. The
person or persons signing the Bid Document shall initial all pages of the Bid where entries or
amendments have been made.

iii) The complete Bid shall be without alterations, interlineations or erasures, except those to
accord with instructions issued by PETROTRIN or as necessary to correct errors made by the
Bidder in which case such corrections shall be initiated by the person or persons signing the
Bid.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 11 of 86

iv) The Bidder is encouraged to submit alternative proposals to achieve the objectives outlined
in this Bid. The Bidder must submit the REQUESTED BID adhering to the instructions of the
Invitation To Bid documents, followed by ALTERNATIVE PROPOSAL 1, 2, 3, ETC.

v) The Bidder shall submit a Gantt chart showing timings for the duration of the entire project
with his proposal.

3.7.3 BID DELIVERY

The sealed original Bid shall be delivered to the Tender Box as specified in the Invitation to
Bid Form P-5002A.

3.7.4 DEADLINES FOR SUBMISSION OF BID DOCUMENTS

i) PETROTRIN must receive bid documents no later than the date specified in the invitation.

ii) PETROTRIN may at its sole discretion, extend the deadline by issuing an amendment in
which case all rights and obligations of PETROTRIN and the bidders previously subject to
the original deadline shall thereafter be subject to the new deadline as extended.

iii) Late Submissions


Bid Documents received by PETROTRIN after the deadline for submission in accordance
with this Clause will not be accepted and will be returned to the CONTRACTOR unopened.

3.7.5 MODIFICATION AND WITHDRAWAL OF BIDS

i) The Bidder may modify or withdraw Bid after submission provided that the modification or
notice of withdrawal is received in writing by PETROTRIN prior to the prescribed deadline
for submission of Bids.

ii) The Bidder’s modification or notice of withdrawal shall be prepared, sealed, marked and
delivered in accordance with the provisions of Clause 3.7 for the Submission of Bids, with
envelopes marked “MODIFICATION” or ‘WITHDRAWAL” as appropriate.

iii) No Bid may be modified subsequent to the deadline for submission of Bids.

3.8 BID OPENING AND EVALUATION

3.8.1 BID OPENING

i) PETROTRIN will open and evaluate the Bid Package.

ii) Bids for which an acceptable notice of withdrawal has been submitted pursuant to Clause
3.7.5 shall not be opened.

3.8.2 RESPONSIVENESS OF BIDS

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 12 of 86

Bidders are expected to examine carefully all instructions, conditions, forms, terms,
specifications and drawings in the documents. Failure to comply with the requirements for
submission will be at the Bidder’s own risk.

Prior to the detailed evaluation of the Bids, PETROTRIN will determine whether each Proposal
is substantially responsive to this Invitation to Bid.

For the purpose of this Clause, a substantially responsive Bid is one that conforms to all the
terms, conditions and specifications of these Bidding documents without material deviation or
reservation.

If a Bid is not substantially responsive to the requirements of this Clause it may be rejected by
PETROTRIN and may not subsequently be made responsive by the Bidder having corrected or
withdrawn the non-conforming deviation or reservation.

3.8.3 CLARIFICATION OF BIDS

PETROTRIN may request clarification from the Bidders with respect to their submission.
Clarification requested or given shall not alter the Bid price.

3.8.4 CONFIDENTIALITY OF BIDS

i) After the opening of Bids, information relating to the examination, clarification, evaluation
and comparison of Bids and recommendations concerning the award of Contract shall be
deemed confidential.

ii) Any effort by bidders to influence PETROTRIN in the process of examination, clarification,
evaluation and comparison of Bids and in decisions concerning award of Contract may result
in the rejection of the Bid.

3.8.5 DISCREPANCIES IN BID

Bids determined to be substantially responsive will be checked for any arithmetic errors in
computation and summation and will be corrected as follows:

i) Where there is a discrepancy between the amounts stated in the words and the amounts
stated in figures, amount in words will govern.

ii) Where there is a discrepancy between the unit rate and the total amount derived from the
multiplication of the unit rate and the quantity, the unit rate as quoted will govern, unless
in the opinion of PETROTRIN there is an obvious gross misplacement of the decimal
point in the unit rate, in which event the total amount as quoted will govern and the unit
rate will be corrected.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 13 of 86

iii) The amount stated in the Form of Bid will be adjusted in accordance with the above
procedure for the correction of errors and, with the concurrence of the Bidder will be
binding upon the Bidder. If the Bidder does not accept the corrected amount of bid, his
bid will be rejected.

3.8.6 BID EVALUATION

Without prejudice to PETROTRIN’s rights under Clause 3.8.5, it is understood that


PETROTRIN’s evaluation of the Bids will be strictly confidential.

PETROTRIN may elect to inspect the Bidder’s facilities and equipment during the course of Bid
Evaluations. PETROTRIN will not divulge details or entertain any queries or protests
whatsoever concerning its Bid Evaluation process or the results of such process.

3.8.7 BID REJECTION

Notwithstanding anything to the contrary which may be contained or implied in this Document,
PETROTRIN does not bind itself to accept the lowest or any Bid or parts thereof submitted
pursuant to this Invitation to Bid Document, and PETROTRIN further reserves the right to reject
any and all Bids or any part of any Bid.

3.9 AWARD OF CONTRACT

3.9.1 BID ACCEPTANCE AND NOTIFICATION OF AWARD

Prior to the expiration of the period of Bid validity prescribed in Clause 3.6.3, PETROTRIN will
notify the successful Bidder (if any) of the acceptance of his Bid in writing. This letter
(hereinafter called “Letter of Acceptance”) shall name the sum that PETROTRIN will pay In
consideration of the execution, completion, and maintenance of the Works as prescribed by the
Form of Agreement.
The Letter of Acceptance is subject to the execution of the Form of Agreement.

3.9.2 MAKING OF AWARDS IN PARTS

PETROTRIN reserves the right at its sole discretion to make an award in whole or identified
parts to the preferred evaluated bid in the particular part of the contract with respect to which the
award is made. Bidders, in submitting bids, hereby agree to having an award made with respect
to any part of the tendered contract as PETROTRIN, at its sole discretion, may deem suitable.
Failure of a bidder to have an award made in its favour with respect to a complete contract, shall
not be considered by the bidder as providing the basis for not accepting an award to perform part
of the Contract unless the bidder shall have prior notified PETROTRIN of its intention to accept
only specified parts of the Contract and no other.

3.9.3 SIGNING OF AGREEMENT

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 14 of 86

PETROTRIN will finalise the Form of Agreement as soon as possible after the date of bid
acceptance.

PETROTRIN and the successful bidder shall make every effort to execute the Form of
Agreement within seven (7) days of the Date of Acceptance as indicated in the Letter of
Acceptance.

3.9.4 INSURANCES

The successful bidder shall submit his insurance as required under the Form of Agreement within
forty eight (48) hours of signing the “Letter of Acceptance” and before commencement of the
Services.

3.9.5 COMMENCEMENT OF THE SERVICES

The successful bidder shall commence the Works and/or Services within the period specified in
the Letter of Acceptance shall proceed with the same with due expedition and without delay.

3.10 CORRUPT AND/OR FRAUDULENT PRACTICES

3.10.1 PETROTRIN requires that all suppliers, CONTRACTORS, and consultants participating
in these projects adhere to the highest ethical standards, both during the procurement
process and throughout the execution of a contract. The list of definitions set forth below
involves the most common types of corrupt practices, but is not exhaustive.

(a) “Bribery” means the act of unduly offering, giving, receiving or soliciting anything of
value to influence the process of procuring goods or services, selecting consultants, or
executing contracts.

(b) “Extortion” or “Coercion” means the act of attempting to influence the process of
procuring goods or services, selecting consultants, or executing contracts by means of
threats of injury to person, property or reputation.

(c) “Fraud” means the misrepresentation of information or facts for the purpose of
influencing the process of procuring goods or services, selecting consultants, or
executing contracts, to the detriment of PETROTRIN or other participants.

(d) “Collusion” is an agreement between bidders designed to result in bids at artificial


prices that are not competitive.

3.10.2 If, at any time it is demonstrated that a government official, or PETROTRIN employee or
anyone acting on his or her behalf, and/or an Applicant/Bidder in a procurement process,
or Supplier/CONTRACTOR during the execution of the contract committed corrupt
practices in connection with any project, PETROTRIN will:

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 15 of 86

(a) Reject a proposal to award a contract in connection with the respective


procurement process; and/or

(b) Declare a firm and/or its personnel directly involved in corrupt practices
temporarily or permanently ineligible to be awarded future contracts with
PETROTRIN.

3.10.3 The Applicant/Bidder shall allow any person whom PETROTRIN may designate to seek
further verification of the Applicant’s/Bidder’s accounting records and financial
statements and any of its suppliers/SUB CONTRACTORS that are connected with the
ensuing contract of this procurement process in the event that the Applicant/Bidder is
awarded such contract.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 16 of 86

TENDER NO. **10278803

SECTION 4

SCOPE OF WORKS

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 17 of 86

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED


CENTRALISED ENGINEERING AND CONSTRUCTION

SUPPLY AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING


FIXTURES, GROUNDING INFRASTRUCTURE, CIVIL WORKS AND RELATED
ITEMS FOR THE WASTE WATER TREATMENT FACILITY CHEMICAL
DOSING UNIT

TENDER NO. **10278803

SCOPE OF WORKS

4.1 INTRODUCTION

PETROTRIN is required to install, test and commission the following pieces of equipment;

o Excavation of cable trenches and related civil works.


o Supply and Installation of all power and lighting (to be identified on site visit).
o Supply and Installation of Grounding cables and electrodes.
o Supply and Installation of all Lighting fixtures, poles and related equipment.
o Testing of all Feeder Cables, Grounding and Lighting System.
o Commissioning of completed power and lighting systems.

The Invitation To Bid document for this job outlines the extent of works required for the above
items.

4.2 SCOPE OF WORKS


4.2.1 MOBILIZATION/DEMOBILIZATION
a) Mobilize all equipment and manpower necessary to carry out the entire Scope of Work.
b) Provide the necessary site facilities for workers during the execution of the work and
maintain in a hygienic manner.
c) Establish and maintain work sites for the issue and maintenance of Hot Work
Certificates, Work Permits and other relevant clearances and permits.
d) On completion of all works, remove all temporary facilities shall be removed leaving the
work areas/sites clear and clean to the satisfaction of PETROTRIN’s representative.
e) Demobilize when advised by PETROTRIN’s representative on completion of the works.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 18 of 86

4.2.2 SECTION I – SUPPLY AND INSTALLATION OF ELECTRICAL EQUIPMENT


AND TESTING SERVICES FOR THE WASTE WATER TREATMENT
FACILITY CHEMICAL DOSING UNIT

4.2.2.1 Perform cable insulation resistance test at 500VDC for all cables on the reel.

4.2.2.2 Install all lighting fixtures, poles, mounting brackets and accessories. All poles
requiring a concrete base shall have its base adequately sized for the pole and its
fixture(s). Please refer to attached drawing SK-011-09 “Pointe-A-Pierre Refinery
Standard Floodlight Pole Arrangement and Details.”

4.2.2.3 Excavate the trench between Chemical Dosing Unit and the Waste Water Treatment
Switchroom. Note that most parts will have to be manually excavated and will be
identified at the site visit, with the remaining TRENCH being mechanically excavated.

4.2.2.4 Construct and install road and drain crossings as will be identified during the site visit.

4.2.2.5 Lay all power feeder, grounding and lighting cables in trench as specified by
COMPANY’s codes, standards and practices.

4.2.2.6 Perform cable insulation resistance test in open trench in accordance with
PETROTRIN’s N-26 Specification.

4.2.2.7 Install concrete slabs, backfill, tamp and shape the trench. Cable Trench concrete slabs
to be supplied and installed by the CONTRACTOR.

4.2.2.8 Terminate cables using glands and lugs supplied by CONTRACTOR.

4.2.2.9 Test and commission the completed works/systems and submit report to PETROTRIN.

NOTES

o Ends of Cables are to be protected from weather conditions and mechanical damage prior
to termination of ends.
o All testing of cables and equipment to be witnessed and signed off by PETROTRIN
personnel.
o All setting out of works is the responsibility of the CONTRACTOR.
o The CONTRACTOR shall complete the entire works to the satisfaction of PETROTRIN
within Six (6) weeks from the date of contract award. The CONTRACTOR shall provide
a schedule of activities and manpower allocation to ensure that the time allocated to
complete the works is not exceeded.
o PETROTRIN will not be held responsible for any losses of plant, tools, materials or other
belongings of the CONTRACTOR.
o All safety must be undertaken in pulling the cable. Cable tensions must not be exceeded.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 19 of 86

4.2.3 PETROTRIN’S RESPONSIBILITY


o PETROTRIN is responsible for all isolation, permits and certificates as required.

4.2.4 CONTRACTOR’S RESPONSIBILITY


To supply the following to complete the entire job:

(i) CONTRACTOR shall procure all equipment and materials not provided by PETROTRIN,
necessary for execution of this job.
(ii) All transportation requirements for completion of the job.
(iii) All safety signs, barriers, caution tape, rope, safety equipment, personnel protective
equipment, lighting etc. required to execute the works in a safe manner.
(iv) All debris generated from the works detailed in this document must be removed from the site
and transported to PETROTRIN’s Salvage area as identified.
(v) All conduit and electrical equipment installed by CONTRACTOR shall be painted ‘elfin’
green.
(vi) To arrange daily passes for workers.
(vii) To have a designated person on site who can report on daily activities and progress to
PETROTRIN’s representative.
(viii) To attend a Weekly Progress Meeting and give a progress report on the works together with
the accident free man-hours for the job.
(ix) Provide suitable access for all PETROTRIN personnel to view, inspect, monitor, supervise,
survey etc. any part of the works during pre-construction, construction, and inspection.
(x) To maintain permits to execute the entire job.
(xi) To provide and maintain all safety equipment and requirements necessary for his personnel
and for execution of the works, and shall instruct his personnel on their proper use and
maintenance.
(xii) CONTRACTOR shall instruct his personnel on the safety regulations, safe working practices
and conditions that are required for an Oil Refinery Environment. The CONTRACTOR
may seek advice on safety matters from PETROTRIN’s Safety Department.
(xiii) The CONTRACTOR shall take all precautions necessary to ensure that the movements of his
employees are limited to the site at which work is to be performed or other areas designated
in the specifications for off-site work.
(xiv) The CONTRACTOR will provide access (i.e. scaffolding, ladders, boatswain chairs and
cranes, etc.) for all activities, unless otherwise stated.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 20 of 86

(xv) The CONTRACTOR shall give PETROTRIN 48 hours notice of request for certificates and
permits, equipment, materials, etc., which are to be supplied by PETROTRIN under the
terms of the contract.
(xvi) The CONTRACTOR shall cater for hand excavation within ten (10) feet of all underground
electrical cables.
(xvii) The CONTRACTOR shall notify PETROTRIN Supervisor or Engineer on site or at the
Projects Office, immediately on encountering any obstructions or underground obstacles.
(xviii) During all hot work on site, the CONTRACTOR will be required to post signs clearly stating
“Hot Work In Progress”.
(xix) All diesel driven equipment used in the Refinery must be fitted with PETROTRIN approved
spark arrestors.
(xx) All excavation work shall be carried out in accordance with G.F.I. No: 34 “Excavation –
Permission and Protection”.
(xxi) CONTRACTOR shall keep a daily log of all work activities and personnel on job site. Daily
log shall be kept on jobsite and shall be made available to PETROTRIN upon request.
(xxii) The use of cellular phones, pagers, two-way radios etc. must be in accordance with
PETROTRIN’s Safety Alert July 1999 and G.F.I. No: 95.
(xxiii) Cable damage which cannot be satisfactorily repaired and certified by the manufacturer must
be replaced by CONTRACTOR. All cost will be to CONTRACTOR’s account.
(xxiv) Any damage done to the cables during installation, including poor/unsatisfactory termination,
must be made good by the CONTRACTOR at his expense and to PETROTRIN’s satisfaction.
(xxv) All cables installed in underground trenches/ducts and /or overhead cable trays/raceways must
be identified by the use of acceptable (to PETROTRIN) cable markers installed at each end,
and at 25' distances along each installed cable run. The cable markers should be rugged, UV
resistant, have non-corroding, non-fading, legible and easily read markings that could
withstand handling during installation and future cable removal and reinstallation works.
Cable markers to be stainless steel.
(xxvi) Cable markers should utilize 1/2 inch lettering to indicate their identification markings (cater for
12 letters/numbers) and be stainless steel with no sharp edges. Cable markers are subject to
PETROTRIN's approval prior to installation.
(xxvii) During all pre-termination works, the ends of all cables must be kept secure in moisture/ dust
proof cable caps.
(xxviii) Make up the ends of the respective cables using PETROTRIN approved and CONTRACTOR
supplied termination kits. The lengths of cabling at the end of the “crotch” of the termination
end should be adequate for easy termination on the switchgear terminals.
(xxix) Test terminated cables as per codes and procedures outlined in this document. Installations,
which do not meet the desired requirements after testing, shall be corrected at the
CONTRACTOR's expense.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 21 of 86

(xxx) All test results must be properly tabulated, witnessed by PETROTRIN’s Supervisor and duly
signed by both parties. Submit copies of inspection and test results together with the
CONTRACTOR’s authorized signature of acceptance to PETROTRIN within three (3)
working days after completion.
(xxxi) All portable radios and pagers used by CONTRACTORS in the Pointe-a-Pierre Refinery
must be intrinsically safe. (Reference Article 504 of NEC Code). The following minimum
information must clearly be stamped on the nameplate of the portable radios and pages:
Intrinsically safe (identification mark is 1a, 1b).
The certifying approving agency, such as UL, ANSI.
Any queries by CONTRACTORS pertaining to the suitability of their portable radios and
pagers for use in the Pointe-a-Pierre Refinery can be directed to the Electrical Engineering
Superintendent (Ext. 2190).

4.2.5 SAFETY
All works are to be executed in accordance with PETROTRIN’s General Field Instructions and
requirements as specified otherwise within the Contract Documents.
CONTRACTORS must be familiar with PETROTRIN’s Safety regulations but may request
additional information from PETROTRIN’s Safety personnel.
The CONTRACTOR is responsible for ensuring that all his workmen are properly attired at all
times with suitable apparel throughout the duration of the works, i.e. Nomex coveralls, safety
hats, safety glasses, etc. (Refer PETROTRIN’s Code of Dress).
All CONTRACTOR personnel must attend a safety orientation at PETROTRIN prior to
execution of the works.
CONTRACTOR personnel must conduct daily toolbox and weekly safety talk meetings on site
and submit minutes of the meetings to PETROTRIN at progress meetings clearly indicating date,
topic discussed, presenter and list of attendees.
All CONTRACTOR equipment and transport must be inspected by HSE Department before
being brought onsite and/or before any activity requiring its use onsite commences.

4.2.6 CONDITIONS OF CONTRACT AND SPECIFICATIONS

4.2.6.1 Refer to General Conditions of Contract (GCC) 2005 JANUARY 28.


4.2.6.2 Refer to Form of Agreement, Section 6 of this document.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 22 of 86

TENDER NO. **10278803

SECTION 5

FORM OF BID

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 23 of 86

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED


CENTRALISED ENGINEERING AND CONSTRUCTION

SUPPLY AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING


FIXTURES, GROUNDING INFRASTRUCTURE, CIVIL WORKS AND RELATED
ITEMS FOR THE WASTE WATER TREATMENT FACILITY CHEMICAL
DOSING UNIT

TENDER NO. **10278803

FORM OF BID

I/We have carefully examined and understood the Instructions to Bidders, Scope of Works, Bill
of Quantities, PETROTRIN’s General Conditions of Contract, Particular Conditions of Contract
(“the Invitation to Bid Documents”) for the above-mentioned Works.

I/We hereby submit a Tender for the execution and completion and remedy of any defects
therein in conformity with this Tender which includes the Invitation to Bid Documents for
the above-mentioned Works for the fixed lump sum price set out in the Bill of Quantities in
Appendix 6.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 24 of 86

5.1 BILL OF QUANTITIES

Please refer to the attached Bill of Quantities in Appendix 6. All entries for Unit Rate, Material,
Labour and Extended Price shall be completed by the CONTRACTOR. Provisional sums as
stated in the Bill of Quantities has been included, handling items that may arise which is not
covered in the Scope of Work. The Provisional Sum shall be incorporated into the
CONTRACTOR’s bid price. It may be used in whole or in part or not at all at PETRORIN’s
sole discretion. The unused portion, if any, of the Provisional Sum shall be deducted from the
CONTRACTOR’s bid price and the final Contract price shall be adjusted accordingly.

Total Cost in Words: ________________________________________________

Total Cost in Figures: ________________________________________________

CONTRACTOR’s Signature: ________________________ Date_______________

CONTRACTOR’s Address: ________________________________________________

5.2 SCHEDULE OF RATES

5.2.1 SCHEDULE OF RATES FOR LABOUR

The CONTRACTOR must insert the following rates for the supply of labour. Rates shall be
quoted in Trinidad and Tobago currency inclusive of Cola and any other allowances.

Description of Normal Time Overtime (per hour)


Labour (per hour)
T1 T1 ½ T2 T3
PROJECT
MANAGER
SUPERVISOR
FOREMAN
TECHNICIAN
TRADESMAN
HELPER
GENERAL
LABOURER

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 25 of 86

TENDER NO. **10278803

SECTION 6

FORM OF AGREEMENT

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 26 of 86

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED


CENTRALISED ENGINEERING AND CONSTRUCTION

SUPPLY AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING


FIXTURES, GROUNDING INFRASTRUCTURE, CIVIL WORKS AND RELATED
ITEMS FOR THE WASTE WATER TREATMENT FACILITY CHEMICAL
DOSING UNIT

TENDER NO. **10278803

REPUBLIC OF TRINIDAD AND TOBAGO

THIS AGREEMENT, (hereinafter referred to as "CONTRACT"), is made in duplicate this


________day of_________, 2008 BETWEEN

1) PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED, a Company


incorporated under the Companies Ordinance Chapter 31 No. 1 of the Laws of the
Republic of Trinidad and Tobago and continued under the Companies Act Chapter 81:01
of the aforesaid laws, and having its registered office at Petrotrin Administration
Building, Southern Main Road, Pointe-a-Pierre, Trinidad (hereinafter referred to as
"COMPANY") of the One Part, and

2) _________________ of _______________________ Trinidad (hereinafter referred to as


"CONTRACTOR") of the Other Part.

WHEREAS:

COMPANY by Invitation to Bid, amended by Addenda (if any), (hereinafter referred to as the
“ITB Documents”), invited proposals for the performance of certain works namely the SUPPLY
AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING FIXTURES, CIVIL
WORKS AND RELATED ITEMS FOR THE WASTE WATER TREATMENT FACILITY
CHEMICAL DOSING UNIT.

CONTRACTOR has by its proposal dated _________ (hereinafter referred to as “the


Contractor’s Proposal), represented to the COMPANY that it possesses the resources, technical
and managerial skills and the expertise required to commence, undertake, perform and complete
the WORK, hereinafter defined, within the time-frame stipulated by the COMPANY.

NOW THEREFORE, for and in consideration of the premises and the mutual covenants herein
contained, the COMPANY and the CONTRACTOR agree as follows:

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 27 of 86

ARTICLE 1 - DEFINITIONS

For the purposes of this CONTRACT the terms defined in this Article 1 shall have the meanings
assigned to them:

1.1 APPROVAL

The term "APPROVAL" shall mean written agreement or consent by COMPANY


REPRESENTATIVE or its designee.

1.2 CHANGE

The term “CHANGE” shall mean the facts and circumstances entitling COMPANY or
CONTRACTOR to a written change order (“CHANGE ORDER”) authorizing an
addition, deletion or variation in the WORK pursuant to Article 12 hereof, and if agreed,
adjustment in the CONTRACT PRICE and/or SCHEDULE FOR COMPLETION.

1.3 COMMENCEMENT DATE

The term "COMMENCEMENT DATE" shall mean the date on which CONTRACTOR
must start performance of the WORK upon written notice of award from COMPANY.

1.4 COMPANY GROUP

The term “COMPANY GROUP” shall mean individually and collectively COMPANY
and their employees, agents, representatives and contractors (with the exception of
CONTRACTOR) of COMPANY.

1.5 COMPANY REPRESENTATIVE

The term "COMPANY REPRESENTATIVE" shall mean the person appointed in writing
by COMPANY to act on behalf of COMPANY in the capacity designated under Article
36.1.

1.6 CONTRACT

The term "CONTRACT" shall mean the present instrument comprising Articles 1
through 38.

1.7 CONTRACTOR GROUP

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 28 of 86

The term “CONTRACTOR GROUP” shall mean individually and collectively


CONTRACTOR, its subcontractors, and their employees, agents and representatives.

1.8 CONTRACT PRICE

The term "CONTRACT PRICE" shall mean the price defined in Article 6.1 and includes
adjustments (if any) in accordance with the CONTRACT.

1.9 CONTRACTOR PROJECT MANAGER

The term "CONTRACTOR PROJECT MANAGER" shall mean the person appointed in
writing by CONTRACTOR to be the primary contact with the COMPANY and who will
be responsible on behalf of CONTRACTOR for the overall direction of the WORK.

1.10 PARTY

The term "PARTY" shall mean a party to this CONTRACT, i.e., COMPANY or
CONTRACTOR as the context requires.

1.11 JOB SITE

The term "JOB SITE" shall mean the area under control and custody of CONTRACTOR
for purposes of carrying out the WORK as shown on the drawing(s) included in the ITB
document.

1. 12 SCHEDULE FOR COMPLETION

The term "SCHEDULE FOR COMPLETION" shall mean the overall project schedule as
pertains to the WORK which has been mutually agreed between the Parties and which
shall form part of this CONTRACT. CONTRACTOR is required to provide a detailed
schedule for COMPANY approval.

1.13 SUBCONTRACTOR

The term "SUBCONTRACTOR" shall mean any person or organization having a


contractual relationship with CONTRACTOR or CONTRACTOR's subcontractors for
the performance of WORK, and shall include vendors, consultants and suppliers of
materials and construction equipment.

1.14 TESTING

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 29 of 86

The term "TESTING" shall mean the operation of the equipment according to
COMPANY’s specifications and requirements. Its also includes verification that all
equipment is functioning as designed.

1.15 WORKING DAYS

WORKING DAYS shall mean all days except weekends, public holidays in the Republic
of Trinidad and Tobago, or days in lieu of such public holidays as recognized in the
collective labor agreements of COMPANY.

ARTICLE 2 - THE WORK

2.1 GENERAL

A. CONTRACTOR shall perform only those activities described in Article 2 that are
required to be performed as are necessary for CONTRACTOR’s completion of
the WORK in accordance with its obligations under this CONTRACT. The
services described hereunder in Article 2.1B, and C are hereinafter collectively
referred to as the “WORK”.

B. The CONTRACTOR shall procure and provide all equipment and materials not
supplied by the COMPANY, services and supplies, construction equipment and
supplies for, construct and undertake all other activities more specifically
described in this CONTRACT.

C. Except as may otherwise be specifically provided in this CONTRACT, the


CONTRACTOR shall be responsible for providing services and labor and all
equipment and materials (and components thereof), construction equipment and
supplies, whether or not specifically described in this CONTRACT, if it
reasonably may be interpreted in accordance with those current standards of care
and diligence and accuracy normally practiced by recognized electrical and
construction firms in performing services of nature similar to that of the WORK
that the providing of such items was contemplated by the ITB Document. WORK
undertaken pursuant to this paragraph shall not give rise to any adjustment in the
CONTRACT PRICE.

2.2 QUALITY MANAGEMENT

CONTRACTOR shall follow strictly the quality management procedures and


requirements contained in Section 8 of the ITB Document.

2.3 PROFESSIONAL PERFORMANCE

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 30 of 86

CONTRACTOR shall perform the WORK in a professional manner, using sound


engineering and design principles and project management and supervisory procedures,
and in accordance with those current standards of care, diligence and accuracy normally
practiced by recognized international electrical and construction firms in performing
services similar to that of the WORK. CONTRACTOR represents that it has the required
skills and capacity to perform the WORK in the foregoing manner.

Upon written notice from COMPANY, CONTRACTOR, at its expense, shall promptly
replace any of its personnel who in the reasonable judgment of COMPANY have
engaged in acts of misconduct or have not performed WORK in the manner as
contemplated by this Article or have otherwise prejudiced COMPANY's interests.

2.4 CONSTRUCTION METHODS

CONTRACTOR will construct the WORK and perform electrical and construction
services in accordance with those current standards of care, diligence and accuracy
normally practiced by recognized international electrical and construction firms in
performing services similar to that of the WORK and the SCHEDULE FOR
COMPLETION, provided that such methods are commercially proven as of the date
hereof, and, to the intent of attaining the COMPLETION DATE as defined in Article 3.1,
shall incorporate its experience gained in the course of engineering, procurement, design,
construction, testing or operation of other similar installations supplied by
CONTRACTOR.

2.5 CONSTRUCTION EQUIPMENT

CONTRACTOR shall cause all of CONTRACTOR's construction equipment and


temporary construction facilities, as well as that of all SUBCONTRACTORS, to be in
sound operating condition, safe and fit for the use intended and to have a sufficient
supply of spare parts to avoid delays in the WORK resulting from loss of use. All such
construction equipment and temporary facilities shall be subject to inspection and
APPROVAL from time to time by the COMPANY. Any such equipment or facilities
which are rejected as not conforming with the foregoing shall be promptly repaired or
removed by CONTRACTOR and if removed shall be replaced at CONTRACTOR's
expense with suitable equipment or facilities.

2.6 ANTICIPATED USE OF MATERIAL

CONTRACTOR shall anticipate need for materials as necessary for proper performance
of WORK and shall take all steps necessary to ensure timely delivery. No substitution of
materials or extension of time will be authorized because of failure or neglect by
CONTRACTOR to anticipate need and early delivery. All costs related to such failure or
neglect shall be borne exclusively by CONTRACTOR, and any claim thereof is waived.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 31 of 86

2.7 MAINTENANCE OF JOB SITE

CONTRACTOR shall, at all times, maintain the JOB SITE in a clean and orderly
condition and shall prevent accumulation of waste materials or rubbish therein, including
interiors of buildings.

2.8 PRESERVATION OF AND NON-INTERFERENCE WITH EXISTING FACILITIES

CONTRACTOR shall protect all existing structures, improvements or utilities at or


adjacent to the JOB SITE from damage, and shall repair and restore any damage thereto
resulting from CONTRACTOR's failure to protect the same in carrying out its
obligations hereunder. Any such repair or restoration shall be at CONTRACTOR's
expense and not reimbursable, except for ordinary wear and tear reasonably resulting
from the execution of the WORK. CONTRACTOR shall perform the WORK in such a
way so as not to disrupt or interfere with the present productive capacity of adjacent
facilities, unless such disruption or interference is unavoidable in spite of the use of best
efforts and due diligence by CONTRACTOR.

2.9 PRESERVATION OF VEGETATION

CONTRACTOR shall preserve and protect all existing vegetation such as trees, shrubs
and grass on or adjacent to the JOB SITE, which is not to be removed and which does not
unreasonably interfere with the WORK.

2.10 AVOIDANCE OF POLLUTION

CONTRACTOR shall take all reasonable precautions to avoid pollution or contamination


of the air, land or water at or near the JOB SITE during the performance of the WORK.
Should there be a discharge or escape of any appreciable quantity of pollutants or
contaminants during performance of its obligations which occurs as a result of activities
of CONTRACTOR or its SUBCONTRACTORS, CONTRACTOR shall immediately
take the necessary action to contain, control, recover or disperse the substance. In the
event the resources of COMPANY are utilized in the avoidance or alleviation of any act
of pollution or contamination CONTRACTOR shall expeditiously reimburse
COMPANY all costs and expenses incurred.

2.11 SAFEGUARDS AND ACCIDENT PREVENTION

CONTRACTOR shall employ all necessary safety devices, safeguards, and safety
practices, in carrying out its obligations hereunder. CONTRACTOR shall carry out all
such obligations in accordance with those current standards of care, diligence and
accuracy normally practiced by recognized international electrical and construction firms

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 32 of 86

in performing services of a nature similar to that of the WORK and in such a manner as
not to endanger the lives and health of its own employees, the employees of others and
the public or to cause damage to property.

CONTRACTOR shall promptly advise COMPANY of those special risks or dangerous


procedures which may be encountered or utilized in the course of its performance of the
WORK, and CONTRACTOR shall provide such temporary protection as may be
necessary. CONTRACTOR will maintain accurate records of, and will promptly report
to COMPANY in writing and in reasonable detail, any accident or other occurrence,
whether or not resulting in death or traumatic injury to any person and any damage to any
property of any person, including property, materials, supplies and equipment at the JOB
SITE, incident to WORK performed under this CONTRACT.

2.12 COMPLIANCE WITH EQUIPMENT CODES AND STANDARDS

CONTRACTOR agrees that all equipment and materials and all systems, components
and parts of the WORK will comply with (i) those codes and standards which are
specified in the ITB Document, and (ii) the obligatory requirements of all competent
authorities.

2.13 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS

CONTRACTOR shall abide by all applicable laws, regulations and ordinances of all
governmental authorities and of the political subdivisions thereof applicable to the
performance by CONTRACTOR of the WORK and by all of COMPANY's rules and
regulations. CONTRACTOR represents that it is knowledgeable of all of the legal
requirements, business practices and COMPANY rules and regulations which must be
followed when performing the WORK.

2.14 COOPERATION WITH OTHER CONSULTANTS AND CONTRACTORS

CONTRACTOR recognizes that other consultants and contractors may be engaged by


COMPANY to advise COMPANY, or to perform other services with regard to the
WORK. CONTRACTOR shall cooperate with COMPANY's other consultants and
contractors and coordinate the WORK with the activities of such consultants and
contractors on a mutual basis under COMPANY's direction.

2.15 LABOR RELATIONS

CONTRACTOR shall pay its employees (1) not less than the minimum OWTU rate for
the particular job classification as provided in Oilfield Workers Trade Union (OWTU)
Wage Rates, 29 November 06 and any variations thereto and (2) the cost of living
allowance applicable during the currency of this CONTRACT.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 33 of 86

The requirement shall not apply if the CONTRACTOR has a separate contract with the
OWTU or has a current wage agreement with any other recognised trade union in the
Republic of Trinidad and Tobago.

The basis of calculations for the cost of living allowance for monthly paid and
hourly/weekly rated employees shall be the Trinidad and Tobago Official Index of Retail
Prices (January 2003 = 100).

The amount of cost of living allowance for monthly paid and hourly/weekly rated
employees shall be adjusted when necessary from and including the month in which the
Official Index of Retail Prices is published in the Trinidad and Tobago Gazette.

It is the responsibility of the CONTRACTOR to ensure that his employees are paid the
current cost of living allowance during the currency of the CONTRACT.

The CONTRACTOR shall pay its workers in envelopes showing the worker’s name,
classification, rate, Cost of Living Bonus, amount of straight time and overtime hours
worked, amount of deduction for NIS, Health Surcharge, PAYE, and the amount of pay
enclosed.

CONTRACTOR shall be responsible for the industrial relation practices of its


SUBCONTRACTORS and shall ensure that there is no disruption to the progress of the
WORK as a result of improper industrial practices by its SUBCONTRACTORS
(improper industrial practices by its SUBCONTRACTORS which result in strikes,
lockouts or other forms of industrial disturbances shall not be considered an event of
Force Majeure as defined in Article 21 but where strikes, lockouts or other forms of
industrial disturbances are not due to improper industrial practices such occurrences shall
be considered events of Force Majeure). In the event any strike, lockout or other form of
industrial disturbances appears imminent or has occurred, the CONTRACTOR shall take
immediate steps to rectify the situation including the dismissal of the
SUBCONTRACTOR and its expeditious replacement.

Employees of SUBCONTRACTOR hired by the CONTRACTOR shall be deemed to be


employees of the CONTRACTOR and treated in accordance with the provisions herein.

ARTICLE 3 - COMMENCEMENT - COMPLETION DATES OF WORK

3.1 GENERAL

CONTRACTOR shall commence the WORK on the COMMENCEMENT DATE, that is the
_________________ and shall complete the WORK on or before the 9th November 2009
(“COMPLETION DATE"). CONTRACTOR's commitment to carry out the WORK in

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 34 of 86

accordance with the SCHEDULE FOR COMPLETION, and to complete the WORK on the
COMPLETION DATE(S) is a major consideration for COMPANY to enter into this
CONTRACT. Accordingly, it is agreed that on failure by CONTRACTOR to meet the
COMPLETION DATE, COMPANY shall be entitled to receive liquidated damages pursuant to
the terms of Article 3.

3.2 SCHEDULE INFORMATION


CONTRACTOR shall at all times furnish sufficient labor, material, equipment
and facilities, supervise the progress of the WORK to achieve the SCHEDULE
FOR COMPLETION. CONTRACTOR shall be responsible for scheduling,
meeting and supervising the SCHEDULE FOR COMPLETION.

3.3 MAINTENANCE OF SCHEDULE

If at any time during the performance of the WORK, CONTRACTOR's actual progress is
determined to be inadequate to meet the requirements of the SCHEDULE FOR
COMPLETION, COMPANY may so notify CONTRACTOR who shall thereupon take
such steps as may be necessary, without additional cost to COMPANY, to promptly
make up for its delay, without detrimental effect on the quality of the WORK, and shall
provide COMPANY with its recovery plan within such period as requested by
COMPANY. If COMPANY reasonably considers said steps to be insufficient,
COMPANY may:

(a) Require precise additional measures such as an increase in CONTRACTOR's


management, staff and work forces, overtime operations, additional days of work
per week all without any adjustment of the CONTRACT PRICE; and/or
(b) At any time, withdraw any part or parts of the WORK from CONTRACTOR's
scope of WORK, for performance by another contractor; in which case the cost
and associated charges corresponding to the part or parts withdrawn from
CONTRACTOR's scope of WORK shall be deducted from the CONTRACT
PRICE under the CHANGE ORDER provisions; and/or
(c) At any time, terminate this CONTRACT in accordance with the provisions of
Article 16 hereof.

3.4 EXTENSION(S) IN SCHEDULE FOR COMPLETION

The SCHEDULE FOR COMPLETION and the COMPLETION DATE will be extended
only:

(a) By any period during which CONTRACTOR is unable to perform WORK


because of Force Majeure as defined in Article 21 hereof;

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 35 of 86

(b) If COMPANY issues a CHANGE ORDER under Article 12, necessarily


involving a delay in completing the WORK, in which case the extension shall be
for such periods as indicated on CHANGE ORDER;

(c) By any period during which the WORK has been suspended by COMPANY
under Article 14 hereof;

(d) By any demonstrable period of delay attributable to COMPANY and without fault
of CONTRACTOR for which CONTRACTOR has given COMPANY written
notice thereof. CONTRACTOR shall take all reasonable steps to mitigate delay.
If CONTRACTOR fails to give such notice any claim thereof shall be waived.

3.5 LIQUIDATED DAMAGES

CONTRACTOR acknowledges that a delay in completion of the WORK will cause


damage to COMPANY, the amount of such damage being difficult to calculate with great
precision. Therefore, if the CONTRACTOR does not meet the COMPLETION DATE
liquidated damages of TT Ten Thousand dollars per day ($10,000/day) shall accrue up to
a maximum of 10% of Contract Price.

ARTICLE 4 - COMPLETION - ACCEPTANCE OF THE WORK

COMPLETION OF THE WORK

CONTRACTOR shall give COMPANY written notification when it believes the WORK
is completed.

Not later than seven (7) calendar days after receipt of said notice, COMPANY shall
either (i) reject CONTRACTOR's claim providing reasons in writing; or (ii) acknowledge
completion of the WORK.

If the COMPANY does not accept the WORK as completed, CONTRACTOR shall
thereafter initiate remedial action in order to achieve completion. COMPANY may tender
to CONTRACTOR a single comprehensive exception list specifying in reasonable detail
any aspect in which the WORK is incomplete or does not conform to the terms of this
CONTRACT.

Upon receipt of the exception list, CONTRACTOR shall promptly initiate correction of
such deficiencies without cost to COMPANY. COMPANY's REPRESENTATIVE shall
within seven (7) working days after receipt of a notice from CONTRACTOR that such
corrections have been made, either (i) accept the WORK as being completed, or (ii)
provide an updated revision of its original exception list specifying in sufficient detail
those items previously noted which remain incomplete or inadequate. If such items are

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 36 of 86

still incomplete or such corrections are deficient, CONTRACTOR shall promptly


complete or correct them without cost to COMPANY. CONTRACTOR and COMPANY
shall proceed in this fashion until all exception list items have been completed or
corrected and approved by COMPANY REPRESENTATIVE.

Should CONTRACTOR fail to correct such deficiencies as notified by COMPANY,


COMPANY shall be entitled to carry out such work or have such WORK carried out and
recover from CONTRACTOR the cost thereof or deduct same from any monies that are
due to CONTRACTOR.

ARTICLE 5 - CONTRACTOR OBLIGATIONS

5.1 GENERAL

CONTRACTOR warrants that:

(a) WORK shall be carried out in accordance with the ITB Document and, in
accordance with those current standards of care and diligence and accuracy
normally practiced by recognized electrical and construction firms in performing
services of a nature similar to that of the WORK.

(b) All materials, equipment and manufactured articles furnished by CONTRACTOR


or SUBCONTRACTOR incorporated into the WORK shall be new and of high
quality, shall conform with the ITB Document, shall be suitable for the purposes
intended as reflected in the CONTRACT, and shall give proper and continuous
service under all conditions of service required by, specified in or that may be
reasonably interpreted from the ITB Document or the results of any tests
undertaken.

(c) All WORK shall be complete, and free from errors, mistakes or defects.

(d) CONTRACTOR’s defects liability period excludes damage arising from normal
wear and tear and/or damage resulting from operation of the facilities under
conditions more severe than those contemplated in the ITB Document or where it
can be demonstrated that such facilities were improperly maintained.

(e) In submitting its Bid and accepting this CONTRACT, CONTRACTOR warrants
that it has thoroughly examined, understands and has sought clarification and
accepts the following:

(i) Invitation to Bid Documents and other ancillary documents.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 37 of 86

(ii) The conditions at locations where the WORK is to be performed as at


________________.

(iii) The full extent of the WORK.

(iv) The conditions and facilities at the general area surrounding the JOB SITE as
at __________________.

5.2 REJECTION OF WORK

COMPANY, upon written notice to CONTRACTOR, shall have the right to reject any
portion of the WORK which does not conform to the requirements of Article 5.1.
COMPANY shall employ reasonable procedures to discover any non-conforming
WORK, but shall waive no rights in the event of delay in furnishing such notice to
CONTRACTOR; provided, such notice is still transmitted within the Defects Liability
Period specified in Article 5.4 below.

5.3 REMEDIAL WORK

CONTRACTOR shall at its own cost and expense timely perform all necessary re-supply
of equipment and materials, re-construction, and re-performance of services as may be
necessary to correct any non-conforming WORK rejected by COMPANY in accordance
with Article 5.2 and within such period as notified by COMPANY.

5.4 DEFECTS LIABILITY PERIOD

5.4.1 Subject to the provisions of Article 5.3 CONTRACTOR's obligation to perform


remedial work shall continue for a period of twelve (12) months after successful
and satisfactory acceptance of completion of the WORK.

If it becomes necessary for CONTRACTOR to repair and/or replace the WORK


during the aforementioned period, then the repaired portion of the WORK shall be
guaranteed by CONTRACTOR for twelve (12) months from the date that it is
finally re-accepted by COMPANY. The remainder of the WORK not directly
subject to repairs or replacement shall be guaranteed for the remainder of the
Defects Liability Period plus the time the WORK could not function in the
manner it was designed to function due to the portion that required repair or
replacement. CONTRACTOR shall be liable for all costs directly associated with
the repair or replacement of defective WORK.

5.4.2 CONTRACTOR shall use its best efforts to obtain warranties on materials beyond
the period specified in Article 5.4.1 in which such materials are used without
additional costs to the COMPANY. With respect to critical items materials,
CONTRACTOR shall promptly notify COMPANY if such extended warranties

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 38 of 86

are not available and the reasons thereof. COMPANY at its sole discretion may
direct CONTRACTOR to obtain such extended warranties on terms and
conditions mutually acceptable to both PARTIES. CONTRACTOR's liability
under Article 5.4 applies to Vendor supplied equipment and supercedes any
Vendor supplied warranty.

5.5 FAILURE TO CARRY OUT REMEDIAL WORK

Should CONTRACTOR, after due notice, fail to do any remedial work as required under
this Article, COMPANY shall be entitled to carry out such work or have such work
carried out and to recover from CONTRACTOR the cost thereof or to deduct the same
from any monies that are due to CONTRACTOR, and CONTRACTOR shall accept
liability under the provisions of this CONTRACT for the cost of the WORK so carried
out. Notwithstanding the performance of the WORK by a PARTY other than
CONTRACTOR, nothing herein shall be construed as derogating from the warranties,
representations and guarantees of the CONTRACTOR for the WORK as provided for in
this CONTRACT.

6.1 CONTRACT PRICE

COMPANY agrees to pay CONTRACTOR for the complete and proper performance of
the WORK the CONTRACT PRICE as follows:

(a) A LUMP SUM PRICE of ___________________________ TRINIDAD AND


TOBAGO CENTS (TTD$______________). The LUMP SUM PRICE represents
CONTRACTOR's full compensation for carrying out the WORK and assuming all risks
associated therewith.

(b) All other amounts payable to CONTRACTOR pursuant to this CONTRACT.

6.2 SET OFF

COMPANY, without waiver or limitation of any rights under this CONTRACT, shall be
entitled at any time to set off or deduct from amounts owed to CONTRACTOR in
connection with performance of the WORK any amounts owed to COMPANY by
CONTRACTOR in connection with this CONTRACT, and CONTRACTOR agrees to
the exercise by COMPANY of this right to set off. COMPANY will give
CONTRACTOR no less than fourteen (14) calendar days’ notice of its intention to set off
any sums and will provide details thereof.

ARTICLE 7 - TERMS OF PAYMENT

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 39 of 86

7.1 INVOICING AND PAYMENT

 (a) Payment to the CONTRACTOR shall be as follows:


50% (less 10% retention) upon satisfactory completion of mobilization and all
excavation works and acceptance of the COMPANY of mobilization and
excavation works.
50% (less 10% retention) upon satisfactory completion and acceptance of the
COMPANY of all cable installations, splicing, termination, testing, handover and
demobilization.
 Assessment of the percentage completion of the WORK shall be carried out by
COMPANY.
 There will be a ten percent (10%) retention on the value of the WORK claimed. This
retention will be released after successful completion of the twelve (12) months Defects
Liability Period after the WORK outlined above have been satisfactorily completed by
the CONTRACTOR.

7.2 PERFORMANCE BOND

CONTRACTOR shall at CONTRACTOR's cost and before the COMMENCEMENT


DATE, provide COMPANY with a performance bond in the form and from a bank
acceptable to COMPANY, for an amount equal to ten percent (10%) of the CONTRACT
PRICE. Said performance bank bond shall be released after expiration of the Defects
Liability Period.

7.3 PAYMENT PROCEDURES

All undisputed invoices approved by COMPANY shall be paid within thirty (30)
calendar days after receipt by COMPANY. COMPANY shall notify CONTRACTOR of
any disputed invoices within ten (10) working days of receipt by COMPANY. Every
effort shall be made by the PARTIES hereto to settle all disputed amounts.

7.4 NON-WAIVER

Payment by COMPANY of any monies to CONTRACTOR pursuant to this


CONTRACT shall not amount to nor be construed as acceptance of the WORK for which
said monies are paid, nor shall such payment amount to the release of any obligations of
CONTRACTOR or a waiver by COMPANY of any of its rights under this CONTRACT.
Acceptance of all or any part of the WORK shall not in any way be construed to be a
release of any obligations of CONTRACTOR or a waiver by COMPANY of any of its
rights under this CONTRACT.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 40 of 86

ARTICLE 8 - RIGHT TO AUDIT

AUDIT RIGHTS

COMPANY, its representatives, and others required by applicable laws shall have the
right to audit CONTRACTOR's records until two (2) years after completion of the
WORK.

ARTICLE 9 - INSPECTION & TESTING

9.1 GENERAL

CONTRACTOR shall inspect all materials, supplies and equipment which are to be
incorporated in the WORK in accordance with CONTRACTOR's established procedures.
In addition, CONTRACTOR shall conduct a continuous program of construction quality
control for all work performed on the SITE.

Except as otherwise expressly provided herein, CONTRACTOR shall, during the course
of performance of the WORK hereunder, without additional compensation, make or
cause to be made TESTING required by the ITB Document. COMPANY shall be given
at least three (3) calendar days written notice of any tests to be made by CONTRACTOR
or SUBCONTRACTOR in order that COMPANY may witness or have other
COMPANY REPRESENTATIVES witness any such tests.

9.2 COMPANY INSPECTION

COMPANY, COMPANY REPRESENTATIVES, and others as may be required by


applicable laws, ordinances and regulations shall have the right at all reasonable times to
inspect the WORK and all material, supplies, and equipment for the WORK at the JOB
SITE and at CONTRACTOR's and SUBCONTRACTOR’s shop for conformance with
this CONTRACT or for measuring progress of the WORK. CONTRACTOR shall
provide or cause to be provided sufficient safe and proper facilities for such access and
inspection.

9.3 COMPANY INSPECTORS

COMPANY shall maintain such COMPANY REPRESENTATIVES and/or job


inspectors at the JOB SITE as it deems necessary for the purpose of inspecting,
TESTING and ensuring the satisfactory completion of the WORK. CONTRACTOR shall
furnish COMPANY access at all times to the WORK and to the premises used by
CONTRACTOR and shall provide every reasonable facility for the purpose of inspection.

9.4 TIMELY INSPECTION BY COMPANY

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 41 of 86

COMPANY shall perform all inspections on a timely basis provided COMPANY


REPRESENTATIVE(S) has been given sufficient notice by CONTRACTOR.

9.5 NON-WAIVER

Failure on the part of COMPANY inspectors to inspect the WORK, equipment, supplies
and materials or to discover or reject WORK, equipment, supplies or materials furnished
by CONTRACTOR that is defective and/or not in accordance with this CONTRACT
shall not be construed to imply an acceptance of such WORK, equipment, supplies or
materials, or a waiver by COMPANY of any rights hereunder, nor a waiver of
COMPANY's rights to subsequently reject defective WORK, equipment, supplies and
materials. Additionally, the daily inspection of any portions of the WORK hereunder
does not, in any manner, constitute APPROVAL thereof.

9.6 AUTHORITY

Neither inspectors, employees nor engineers of COMPANY shall have the power to
waive nor shall their review or APPROVAL of WORK be considered as a waiver of any
of the obligations of CONTRACTOR or any of the obligations of this CONTRACT for
furnishing by CONTRACTOR of good and suitable materials and for performing the
WORK as required under this CONTRACT.

9.7 PRIOR WORK

Whenever any part of the WORK depends on existing work or COMPANY designated
materials, or that provided by others, CONTRACTOR shall examine such work or
materials and promptly notify COMPANY in writing of any apparent defect or
discrepancy in such work or materials which may render it unsuitable for proper
execution of the WORK or its proper functioning or would adversely affect the smooth
progress of the WORK. If CONTRACTOR fails to notify COMPANY as aforesaid any
claim that CONTRACTOR may have shall be waived.

9.8 MATERIAL SUBSTITUTION

Materials shall not be substituted for those specified, nor shall "or equal" items be
furnished without prior APPROVAL of the COMPANY.

ARTICLE 10 - PATENTS

10.1 INDEMNITY OF COMPANY

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 42 of 86

CONTRACTOR, at its own expense, shall defend COMPANY GROUP against any and
all suits and actions alleging that any equipment or part thereof furnished by
CONTRACTOR under this CONTRACT or any operation of such equipment or part
thereof constitutes an infringement, actual or contributory, of any existing letters patent
or infringement of copyright, trademark, or violation of any trade secret or infringement
of any other form of intellectual property rights. CONTRACTOR shall indemnify
COMPANY GROUP against and hold COMPANY GROUP harmless from all damages
and costs which may be adjudged or decreed against COMPANY GROUP as a result of
any such suit or action provided that COMPANY shall promptly notify CONTRACTOR
in writing of such claim. Notwithstanding the foregoing CONTRACTOR shall have the
right to provide equipment or designs which will bring the infringement to an end.

10.2 INDEMNITY OF CONTRACTOR GROUP

If as a result of any modification required by COMPANY in equipment furnished by


CONTRACTOR hereunder or any use of any equipment, material, part thereof,
specification or drawing furnished by COMPANY to CONTRACTOR hereunder, a suit,
action or claim is filed against CONTRACTOR GROUP alleging that such equipment,
material, part thereof, specification or drawing infringes any existing letters patent,
copyright, design or trademark, then COMPANY shall defend CONTRACTOR GROUP
against any and all such suits, actions and claims and shall indemnify CONTRACTOR
GROUP against and hold CONTRACTOR GROUP harmless from all damages, costs
and expenses which may be adjudged or decreed against CONTRACTOR GROUP as a
result of any such suit, action, or claim, provided as a result of any such suit, action, or
claim, provided that CONTRACTOR shall promptly notify COMPANY in writing of
such claims of patent, copyright, design or trademark infringement.

10.3 USE OF WORK

If, by reason of any suit or action covered by Article 10.1 hereof, CONTRACTOR is by
injunction prevented from using any such equipment, materials or part thereof or any
such operations, CONTRACTOR shall, at its own expense and within thirty (30) calendar
days of advisement of injunction, take all necessary steps to procure the right to use such
equipment, material, part thereof, specification, drawing or operation or substitute non-
infringing equipment, material, specification, drawing or operation or modify the
equipment, material, specification, drawing or operation to make it non-infringing.
However, if CONTRACTOR shall be unsuccessful in removing such infringement or
substituting non-infringing equipment, then either CONTRACTOR or COMPANY may
thereupon terminate this CONTRACT (after consultation with the other PARTY). If
such termination is made by reason of any suit or action covered by Article 10.2 hereof,
COMPANY shall pay CONTRACTOR the amounts pursuant to Article 15.1. If such
termination is made by reason of any suit or action covered by Article 10.1 hereof, the
provisions of Article 15.2 shall be applied thereto.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 43 of 86

10.4 SURVIVAL

The obligations of this Article 10 shall survive the completion of the WORK and the
termination of the CONTRACT.

ARTICLE 11 - LICENSES, TAXES AND PERMITS

11.1 GENERAL DUTY OF CONTRACTOR

CONTRACTOR agrees to pay its own taxes and to defend, indemnify and save
COMPANY GROUP harmless from all claims or liability for income taxes, excess
profits taxes, excise taxes, sales taxes, value added taxes, duties and all other charges,
including import and /or export licenses, permits or fees of any nature whatsoever, and all
other taxes, charges and imposts assessed or levied by the government or representative
of the country in which the WORK is performed or by any political subdivision thereof,
or by any other governmental body of any other country against CONTRACTOR, or
other persons acting for or through CONTRACTOR, SUBCONTRACTORS or
COMPANY for or on account of any payment made to or earned by CONTRACTOR or
SUBCONTRACTORS under this CONTRACT.

CONTRACTOR further agrees to protect and save COMPANY GROUP harmless


against all taxes withheld, assessed or levied against or on account of wages, salaries, or
other income or benefits to CONTRACTOR's or SUBCONTRACTOR's employees or
agents for work performed under this CONTRACT. It is further agreed that if the
government in the country where the WORK is performed or any political subdivision
thereof or any other governmental body of any other country should request or demand
that COMPANY withhold any of the taxes or other charges mentioned hereinabove on
payments to CONTRACTOR under this CONTRACT, COMPANY shall withhold such
taxes or other charges and any taxes or other charges withheld will be paid to the
pertinent authority by COMPANY and a receipt or other evidence of payment will be
supplied to CONTRACTOR by COMPANY. CONTRACTOR shall cause to be included
in all SUBCONTRACTS, a provision whereby such SUBCONTRACTOR shall
expressly undertake to fully comply with all the terms and conditions of this Article.

11.2 PERMITS AND LICENSES

CONTRACTOR shall secure and pay for all permits and licenses for its personnel, legal
establishment and operations relevant to the performance of the WORK which can only
be obtained in CONTRACTOR's name. COMPANY shall provide and pay for all other
permits. CONTRACTOR shall inform COMPANY of any permits that may be required
of COMPANY in the execution of this CONTRACT.

11.3 IMPORT DUTIES

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 44 of 86

COMPANY has obtained exemption from import duty and stamp duty for all material
and equipment which shall become a permanent part of the WORK. COMPANY has
applied for exemption from import duty on CONTRACTOR’s construction equipment to
be used in performance of the WORK. Such exemption is conditional upon:

(a) The equipment being used exclusively for the purposes of the WORK; and

(b) The equipment being exported on completion of the WORK.

COMPANY shall not be liable if CONTRACTOR is in breach of the foregoing


conditions. CONTRACTOR agrees to indemnify and hold the COMPANY GROUP free
and harmless from any liability arising from CONTRACTOR’s breach of the foregoing
conditions. Any loss or damage resulting to COMPANY due to CONTRACTOR’s
breach of the foregoing conditions shall be recovered by COMPANY.

11.4 VALUE ADDED TAXES (VAT)

VAT is payable on local services and both local and imported goods. CONTRACTOR
must take out and maintain VAT registration in accordance with local laws for WORK
performed by CONTRACTOR. CONTRACTOR’s invoices must indicate separately the
VAT component for COMPANY's use.

ARTICLE 12 - CHANGE ORDERS

CHANGES

If at any time during the progress of the WORK COMPANY shall require any
CHANGE, additions, alterations, deviations or omissions to/from the WORK, it shall
have the right and power to make any CHANGES desired, and said CHANGES shall in
no way affect or make void this CONTRACT, but the difference in value shall be added
to or deducted from the amount of the CONTRACT PRICE by a fair and reasonable
evaluation to be agreed upon in writing between the PARTIES hereto. Procedure and
methods of handling CHANGE ORDERS are summarized as follows:

(a) Detailed description of proposed CHANGE ORDER;

(b) A detailed schedule (time estimate) for execution of the CHANGE ORDER
including resources to be employed;

(c) A detailed cost estimate for execution of the proposed CHANGE;

(d) An estimated impact, if any, on the current SCHEDULE FOR COMPLETION.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 45 of 86

Upon written notification by COMPANY of a proposed CHANGE ORDER,


CONTRACTOR shall submit within ten (10) calendar days an estimate to COMPANY
for the proposed CHANGE ORDER, or if this is not practicable in the circumstances,
then within such other period as may be agreed between the PARTIES.

If at any time during the performance of the WORK, CONTRACTOR is ordered to carry
out a CHANGE ORDER which it considers will affect its ability to satisfy any of its
obligations under this CONTRACT, then it shall so inform COMPANY who shall then
decide whether or not to proceed with the CHANGE ORDER. In the event that the
decision of COMPANY is to proceed with the CHANGE ORDER the CONTRACTOR's
obligations hereunder shall be modified accordingly with respect to the specific
CHANGE ORDER.

Except in cases deemed urgent by COMPANY, neither PARTY shall be obligated to


proceed with a CHANGE or CHANGE ORDER until there is written authorization.

COMPANY and CONTRACTOR agree to adjust the amount of the performance bond
whenever a CHANGE ORDER causes a variation in the CONTRACT PRICE, upon
which the current amount of the bank guarantee is based by more than ten percent (10%).

ARTICLE 13 - APPROVALS

13.1 APPROVAL BY COMPANY

All engineering design, material procurement, procedures and construction drawings and
construction performed by CONTRACTOR necessary for performance of the WORK
shall be subject to APPROVAL which shall be accomplished within fourteen (14)
calendar days. The time period for APPROVAL shall begin on the date of receipt of
documents by COMPANY and end on the date of dispatch of response. Deviations from
materials or details as shown or specified on approved drawings and/or specifications
shall not be made without the prior APPROVAL. APPROVAL shall not be construed as
a waiver of any obligations of CONTRACTOR or any of the obligations of this
CONTRACT for the performance of the WORK in accordance with the ITB Document.

13.2 NON-WAIVER

APPROVAL under this Article shall not imply a waiver by COMPANY of any of its
rights hereunder or relieve CONTRACTOR of any of its obligations hereunder, in
particular its responsibility to maintain adequate inspection of all equipment and
materials required for the performance of the WORK.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 46 of 86

ARTICLE 14 - SUSPENSION OF THE WORK

GENERAL

COMPANY shall, at any time, on giving advance written notice (if any) as is reasonably
practicable in the circumstances, direct the CONTRACTOR to suspend the progress of
the WORK, or any part thereof for such time or times and in such manner as COMPANY
may direct. CONTRACTOR shall during such suspension properly protect and secure the
WORK so far as is necessary in the opinion of COMPANY.

CONTRACTOR shall cease all WORK on said suspended part of the WORK on the
effective date of suspension. CONTRACTOR shall continue to prosecute diligently any
unsuspended part of the WORK.

ARTICLE 15 - TERMINATION OF CONTRACT

15.1 OPTIONAL TERMINATION BY COMPANY

COMPANY, at its sole discretion, by notice to CONTRACTOR in writing, may cancel


and terminate performance of the WORK under this CONTRACT either in whole or in
part at any time provided however such discretion shall not be unreasonably exercised.
CONTRACTOR shall cease all work on any part of the WORK so cancelled and
terminated, but CONTRACTOR shall continue diligently to prosecute all other parts of
the WORK, if any. CONTRACTOR shall make all efforts necessary to minimize cost
arising from termination of the WORK, or any part thereof, including cancelling material
ordered but not yet received. CONTRACTOR shall turn over all WORK completed and
all component parts, materials, or equipment paid for by COMPANY and in
CONTRACTOR's possession at the time of termination. Upon such optional termination,
COMPANY shall pay CONTRACTOR the following amounts:

(a) All amounts due under this CONTRACT for satisfactory WORK performed up to
the date of the termination.

(b) All reasonable cancellation charges assessed and documented against


CONTRACTOR by its SUBCONTRACTORS as a result of termination.

(c) All documented costs for equipment and materials procured by CONTRACTOR
in connection with the WORK.

(d) All other documented costs reasonably incurred in terminating the WORK or
portion thereof as ordered.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 47 of 86

Provided that CONTRACTOR shall not be entitled to anticipated profits or fees to be


earned on uncompleted portions of the WORK or consequential damages. All claims
under any of the foregoing provisions shall be supported by documentation submitted to
COMPANY, satisfactory in form and content to COMPANY.

15.2 TERMINATION BY COMPANY FOR DEFAULT OF CONTRACTOR

Should CONTRACTOR at any time, in the opinion of COMPANY:

(a) Be in material breach of CONTRACT and fails to commence and diligently


prosecute remedial measures to completion within such period as notified by
COMPANY (such as to supply sufficient, properly skilled labor or services;
material, supplies or equipment of the proper quality or quantity),
(b) Fail to execute the WORK with promptness and diligence in order to meet the
SCHEDULE FOR COMPLETION,

(c) Be in material breach of CONTRACT for which a remedy is not possible, or

(d) Become insolvent or be unable to pay its debts as they become due or be placed
in liquidation, receivership or bankruptcy,

COMPANY may, upon notice to CONTRACTOR, terminate this CONTRACT, without


prejudice to any other right or remedy it may have against CONTRACTOR.

In the event of such termination, COMPANY shall have the right, for the purpose of
completing the WORK, to take immediate possession of all supplies, materials,
equipment, facilities and premises relating to the WORK, whether or not belonging to
CONTRACTOR, wherever same may be, and may complete the WORK by any method
that COMPANY may deem expedient, including employing another CONTRACTOR.
COMPANY will not be required to obtain proposal for completing such WORK, but may
make such expenditures as in its own judgment will accomplish such completion.

In the event COMPANY terminates CONTRACTOR’s right to perform the WORK


under Article 15.2 and such grounds are subsequently determined to be inapplicable,
COMPANY’s action shall then be deemed to be a termination pursuant to Article 15.1.

The procedure hereinabove provided in this Article for termination shall be concurrent
with and in addition to and without prejudice to, and not in lieu of or in substitution for,
any other rights or remedies at law or in equity which COMPANY may have for the
enforcement of its rights under this CONTRACT and its remedies for any default by
CONTRACTOR of the covenants, obligations or conditions hereof.

15.3 AUTOMATIC TERMINATION

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 48 of 86

This CONTRACT shall be automatically terminated on completion of the WORK unless


otherwise terminated in accordance with the provisions of Articles 3, 10.3, 14, 15.1, 15.2
and 21 hereof. PROVIDED THAT the provisions of Articles 8, 10, 18, 20, 23.3, 24, 30,
31, 35 and 37 hereof shall survive termination of this CONTRACT howsoever caused.

15.4 THIRD PARTY COMMITMENTS

In the event of termination by COMPANY, CONTRACTOR shall, upon request of


COMPANY, promptly advise COMPANY of all outstanding subcontracts which
CONTRACTOR has with others pertaining to performance of the WORK and furnish
COMPANY with complete copies thereof. Upon request of COMPANY,
CONTRACTOR shall assign to COMPANY, CONTRACTOR's title to materials, plant
and equipment for the WORK and those subcontracts designated by COMPANY which
CONTRACTOR has with others pertaining to the WORK.

15.5 NON-WAIVER

A waiver by COMPANY of one default of CONTRACTOR shall not be considered to be


waiver of any subsequent default of CONTRACTOR, nor be deemed to amend or modify
the terms of this CONTRACT.

ARTICLE 16 - ASSIGNMENT BY THE PARTIES

COMPANY may assign this CONTRACT upon written notification to CONTRACTOR.


Notwithstanding that this CONTRACT is assigned, COMPANY shall remain primarily liable to
CONTRACTOR for performance of COMPANY's obligations hereunder.

CONTRACTOR shall not assign the CONTRACT or any part thereof or any right, interest,
benefit or obligation therein or thereunder whether existing or future.

ARTICLE 17 - SUBCONTRACTORS

17.1 CONTRACTOR RESPONSIBILITY

If CONTRACTOR shall cause any part of the WORK hereunder to be performed by a


SUBCONTRACTOR, the provisions of this CONTRACT shall apply to such
SUBCONTRACTOR and its employees in all respects as if it were employees of
CONTRACTOR, and CONTRACTOR shall be liable for the work of the
SUBCONTRACTOR accordingly.

17.2 APPROVAL OF SUBCONTRACTORS

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 49 of 86

No subcontract shall be made without prior written APPROVAL of both the scope of the
subcontract and the identity of SUBCONTRACTOR but no such APPROVAL shall
affect the provisions of this CONTRACT. CONTRACTOR shall include in any
subcontract entered into in respect of the WORK, like obligations and liabilities as are
imposed on the CONTRACTOR herein. Prior to starting the tendering process for sub-
contractors, the PARTIES will agree to procurement requiring APPROVAL under this
Article. COMPANY shall not unreasonably withhold APPROVAL of
SUBCONTRACTORS proposed by CONTRACTOR.

ARTICLE 18 - CONSEQUENTIAL DAMAGES

In no event shall CONTRACTOR or COMPANY be liable to the other for any indirect,
incidental, exemplary, punitive or consequential damages which may be suffered in connection
with the performance of the WORK including, but not limited to, loss of use, product, profit or
business interruptions. This limitation shall be without prejudice to (i) CONTRACTOR's liability
for liquidated damages expressly provided for in this CONTRACT and (ii) provisions elsewhere
in this CONTRACT allocating responsibility between CONTRACTOR and COMPANY in
respect of liabilities to third parties.

ARTICLE 19 - INSURANCE

19.1 During the currency of this Agreement, CONTRACTOR shall at its own expense,
procure from insurance carriers acceptable to PETROTRIN and maintain in full force and
effect the insurances of the kind and in the amounts specified below. Where aggregate
limits are applicable, such limits shall be automatically reinstated, at CONTRACTOR’s
expense, in the event that claim settlements are made under the policy.

19.1.1 Workmen’s Compensation Insurance covering all employees of


CONTRACTOR as required under applicable laws of Trinidad and Tobago and
the laws of the country of hire of CONTRACTOR’s employees.

19.1.2 Employers/ Common Law Liability Insurance with a limit of not less than
TT$3,000,000.00 per incident in respect of death of or bodily injury to all
employees.

19.1.3 Comprehensive General Liability Insurance covering all its operations with a
combined single limit of not less than TT$5,000,000.00 for any one incident or
series of incidents arising from any one event in respect of the death of or bodily
injury to third parties and damage to property of third parties including
PETROTRIN. Such coverage shall include pollution liability on a sudden and
accidental basis

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 50 of 86

19.1.4 Automobile Liability Insurance for all activities related to the performance of
the work, covering all vehicles and automotive equipment owned, hired or in the
custody and control of CONTRACTOR and complying with all applicable
legislation.

19.2 CONTRACTOR shall, at least ten (10) days prior to commencement of operations
hereunder, provide PETROTRIN with written evidence that the aforementioned
insurances have been effected and are in full force with respect to this CONTRACT.

19.3 All the aforementioned insurance policies shall name PETROTRIN as an additional
insured and shall be endorsed to provide PETROTRIN with at least thirty (30) days prior
written notice of cancellation or material change of coverage.

19.4 CONTRACTOR shall provide PETROTRIN with written confirmation that its insurers
and the insurers of any subcontractor engaged by it have agreed to waive all rights of
subrogation against PETROTRIN.

19.5 The limits specified in this Article are minimum requirements and shall not be
construed in any way as limits of liability or as constituting acceptance by PETROTRIN
of responsibility for financial liabilities in excess of such limits.

19.6 It shall be CONTRACTOR’s responsibility to ensure that any subcontractor engaged by it


effects and maintains Workmen’s Compensation Insurance, together with such other
insurances as may be required by law or as PETROTRIN or CONTRACTOR may
consider necessary. Any deficiencies in the cover or policy limits of subcontractor’s
insurances shall be the sole responsibility of CONTRACTOR.

19.7 If CONTRACTOR shall fail to effect or keep in force any of the insurances required
under the Contract, CONTRACTOR shall be entitled to effect and keep in force the same
and pay such premiums as may be necessary for that purpose and then deduct amount so
paid from any monies due or which may become due to CONTRACTOR hereunder or
recover the same as a debt from CONTRACTOR.

19.8 DURATION OF INSURANCE COVERAGE

CONTRACTOR shall maintain the policies until expiry of the Defects Liability Period
provided for in Article 5.

19.9 COMPANY INSURANCE

COMPANY shall procure and maintain at its own expense the insurance coverages set
forth in this Article and no charge for such insurance is included by CONTRACTOR in
the CONTRACT PRICE. CONTRACTOR agrees that failure to receive the proceeds of

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 51 of 86

such insurances shall not constitute a defense to or grounds for suspension of any of the
CONTRACTOR’s obligations under this CONTRACT.

19.10 WAIVERS OF SUBROGATION

All insurance now or hereafter required or purchased by contractor shall contain waivers
of PETROTRIN.

ARTICLE 20 - INDEMNITY

20.1 PROPERTY OF COMPANY

CONTRACTOR shall defend, indemnify and hold COMPANY GROUP harmless from
loss and resulting physical damage to COMPANY Property to the extent caused by
negligence of CONTRACTOR GROUP in performance of the WORK. With respect to
all claims for loss or damage to COMPANY Property resulting from performance of
CONTRACTOR's obligations which are made prior to the expiration of the Defects
Liability Period, CONTRACTOR shall defend, indemnify and hold COMPANY GROUP
harmless from such claims including costs of court and attorney’s fees arising out of the
performance of this CONTRACT to the extent caused by the negligence of
CONTRACTOR.

20.3 THIRD PARTIES

With respect to all claims of bodily injury, or death of persons (including, but not limited
to COMPANY GROUP’s employees, officers and directors) injury which arise from the
performance of the WORK and which are made by third parties (including but not limited
to COMPANY GROUP's employees, officers and directors), CONTRACTOR shall
defend, indemnify and hold harmless COMPANY GROUP from and against such claims
including costs of court and attorney’s fees to the extent caused by negligent act, error or
omission of CONTRACTOR.

ARTICLE 21 - FORCE MAJEURE

No delay or failure in performance by either PARTY shall constitute default or give rise to any
claim for damages to the extent such delay or failure is caused by Force Majeure. Unless such
Force Majeure substantially frustrates performance of this CONTRACT, Force Majeure shall not
operate to excuse, but only to delay performance.

Force Majeure is an occurrence beyond the control and without the fault or negligence of the
PARTIES and which they are unable to prevent or provide against by the exercise of reasonable

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 52 of 86

diligence including, but not limited to: acts of God or the public enemy; expropriation or
confiscation; act of war (whether war is declared or not), invasion, act of foreign enemies,
terrorism (or any credible threat thereof), rebellion, revolution or insurrection, civil disturbances,
strike, lockout, industrial disturbance or other labor difficulty, sabotage, act of vandalism, riots;
floods or unusually severe weather that could not have been reasonably anticipated; fires,
explosions, earthquakes, hurricanes or other natural disaster.

Delays attributable to and within the control of CONTRACTOR's suppliers or subcontractors of


any tier shall be deemed delays within the control of CONTRACTOR.

If CONTRACTOR's performance of this CONTRACT is delayed by a Force Majeure


occurrence, CONTRACTOR shall immediately provide COMPANY written notification of the
delay and its estimated duration. Immediately upon termination of the Force Majeure occurrence
CONTRACTOR shall:

1. Notify COMPANY of resumption of work; and

2. Submit a plan to minimize and mitigate the effect of the Force Majeure occurrence upon
completion of the WORK.

COMPANY shall have the right to terminate this CONTRACT if a Force Majeure condition
extends beyond seven (7) calendar days.

ARTICLE 22 - POLLUTION CONTROL

22.1 DESIGN AND OPERATIONS OF CONTRACTOR

CONTRACTOR agrees that at the locations of its own facilities and at the location of the
facilities where any WORK for COMPANY will be performed, pollution control will be
maintained, at all times, in connection with all operations by CONTRACTOR. Additions
or alterations to existing equipment used by CONTRACTOR in the performance of this
CONTRACT at the said locations shall be made by CONTRACTOR at its sole expense,
if required for pollution control, and will incorporate, as necessary, any drains, filters,
scrubbing or straining devices, and modifications and any other equipment necessary to
maintain CONTRACTOR's equipment, vehicles and adjacent areas free of all hazardous
or harmful emissions, spillage, discharge and other pollutants, or other conditions arising
from violations of laws and regulations of the Government of the Republic of Trinidad
and Tobago or to which the Government of the Republic of Trinidad and Tobago is a
signatory or such other standards as may be adopted in the Republic of Trinidad and
Tobago.

22.2 ACCIDENTS

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 53 of 86

If any emitting, spilling, venting, discharging or loss of any hazardous or harmful


substances, air contaminants and/or pollutants of any nature or kind which are in
violation of any laws or treaty obligations or regulations or standards of the Government
of the Republic of Trinidad and Tobago (referred to hereinafter sometimes individually
and collectively as "discharges") occurs as a result of the negligent performance of this
CONTRACT by CONTRACTOR, or its agents, servants, employees,
SUBCONTRACTORS or any other person for whom it is responsible or acting under its
direction, at any location where WORK hereunder is performed, CONTRACTOR shall
immediately proceed, at its sole cost and expense, to stop or abate such discharges to
legally permissible standards. In addition to the foregoing, CONTRACTOR, subject to
the provisions of this CONTRACT, hereby agrees to indemnify and hold COMPANY
GROUP harmless from and against any and all expenses and costs, including, but not
limited to costs of court, attorneys' fees and/or penalties or fines imposed by any
governmental agency or political subdivision arising out of or in any way connected with
the occurrence of the aforesaid discharges. Provided however that where aforesaid
discharges are caused by a third party (not COMPANY) and as a result of the failure of
the CONTRACTOR to exercise proper care and custody of the location where WORK is
being performed, CONTRACTOR shall also be liable in the same manner as if the
discharges were due to its negligence.

ARTICLE 23 - COMPANY INFORMATION

23.1 INTENT OF SPECIFICATIONS AND DRAWINGS

ITB Document may not be complete in every detail; however, CONTRACTOR agrees
that they are of sufficient detail for the performance of the WORK. CONTRACTOR
shall comply with their manifest intent and general purpose. Should any omission or
discrepancy in the drawings, specifications, instructions, or work done by others be
discovered by CONTRACTOR, then CONTRACTOR shall notify COMPANY at once
in writing and await written instructions from COMPANY which shall be provided
within fourteen (14) calendar days. The time period for response by COMPANY shall
begin on the date of receipt of notice by COMPANY and end on the date of dispatch of
response. If CONTRACTOR proceeds with any of the WORK in question prior to
receiving such instructions, all necessary correction shall be at CONTRACTOR's
expense and any claim thereof shall be waived.

With respect to the WORK described in the ITB Document, CONTRACTOR shall
satisfy himself that he has sufficient information to plan and execute same in accordance
with the terms of this CONTRACT. Should CONTRACTOR, in informing himself
regarding the design and specifications pertaining to the WORK, see any shortcomings
that would adversely affect the WORK or the smooth progress of same, CONTRACTOR
shall promptly give COMPANY notice in writing of such shortcomings and await written
instructions from COMPANY which shall be subject to the procedure set out in the

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 54 of 86

preceding paragraph. Failure to give such notice will result in CONTRACTOR being
held responsible for any delay or resultant deficiency in the WORK and any claim thereof
shall be waived.

23.2 OWNERSHIP

All drawings, specifications, documents and information furnished to CONTRACTOR


by or on behalf of COMPANY, whether before or after the signing of this CONTRACT
and regardless of the nature thereof, shall be and remain the property of COMPANY. All
such material and all copies made shall be used by CONTRACTOR only for the purpose
of performing the WORK hereunder and shall be returned to COMPANY upon the
completion of said WORK (except for one copy for legal/archival purposes subject to the
execution of an appropriate confidentiality agreement by the PARTIES).

23.3 CONFIDENTIALITY

All information obtained by CONTRACTOR, its employees, SUBCONTRACTORS,


agents and any other representatives of CONTRACTOR concerning the business of
COMPANY and/or technical data and information shall be considered confidential and
shall be treated with the same standard of care as CONTRACTOR's own proprietary
information of like nature and kind, and such information shall not be divulged without
first obtaining prior written APPROVAL. This obligation shall be a continuing one and
shall survive the duration of this CONTRACT. CONTRACTOR's obligation mentioned
herein above shall not apply to any information which at the time of supply of
information by COMPANY to CONTRACTOR was in public domain, or after the supply
of information becomes the public domain without fault of CONTRACTOR or is
lawfully obtained by CONTRACTOR from a third party without notice of restriction on
disclosure.

23.4 PUBLICITY

Neither CONTRACTOR nor its SUBCONTRACTORS shall publish material relating to


this CONTRACT without prior written APPROVAL. COMPANY shall have the sole
right to use such material in respect of advertising/public relations.

ARTICLE 24 - LIENS, ATTACHMENTS OR OTHER ENCUMBRANCES

24.1 NO CLAIMS

CONTRACTOR shall not at any time or times during the term hereof or any time
thereafter suffer or permit any lien, attachment or encumbrance to be imposed by any
person, firm, corporation or SUBCONTRACTOR upon the equipment which is the
subject of the WORK hereunder, COMPANY's land or property or any portion of the

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 55 of 86

SITE, by reason of any claim or demand against CONTRACTOR or CONTRACTOR's


agents, employees, SUBCONTRACTORS or other representatives. Until
CONTRACTOR shall have secured the release of any or all of the foregoing or provided
a bond therefore, no claim or demand by CONTRACTOR for any payment whatsoever
shall arise or be enforceable on the part of CONTRACTOR under or pursuant to this
CONTRACT; and in the event that the same shall not have been removed or been bonded
within fifteen (15) calendar days after written notice by COMPANY, COMPANY at its
option may remove or release the same and CONTRACTOR shall reimburse
COMPANY for the cost of removal thereof including any legal fees and expenses.

24.2 INDEMNITY

CONTRACTOR hereby agrees to indemnify and hold harmless COMPANY GROUP


from any and all damages, expenses, losses and costs including, but not limited to,
attorney's fees which the above-named PARTIES may suffer as a result of any lien or
attachment being imposed as a result of the performance (or non-performance) of this
CONTRACT by CONTRACTOR.

24.3 NON-WAIVER

This provision shall not be construed as an admission of liability by or waiver of rights of


CONTRACTOR and its surety under any provision of this CONTRACT.

ARTICLE 25 - CONFLICT OF INTERESTS

CONTRACTOR shall take no action in violation of the current COMPANY’s Code of Ethics
and Conduct in dealings with COMPANY GROUP.

ARTICLE 26 - CONFLICTS AND INTERPRETATION

26.1 PRECEDENT

Any conflict between the provisions of any Article in this CONTRACT and any one or
more of the ATTACHMENTS attached hereto, shall be resolved in favour of the
provisions and text of this CONTRACT.

26.2 COMPLEMENTARY INTERPRETATION

CONTRACTOR shall not be relieved from performing WORK specified in any plan,
drawing or specification which is part of the ITB Document. Plans or drawings of a
larger scale shall take precedence over those of smaller scale. It is hereby understood and

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 56 of 86

agreed that the complete description of the WORK is provided only by the assembly of
all information contained in the ITB Document.

26.3 DIFFERENCES IN CODES AND REGULATIONS

COMPANY shall be responsible for resolution of conflicts, if any, arising out of


differences in requirements among the various specifications, documents, codes, rules,
regulations, laws, authorities and agencies as contained or referred to in ITB Document.
Notwithstanding the above, CONTRACTOR shall cooperate with and assist COMPANY
to the extent necessary for COMPANY to make such resolution of disputes and/or
conflicts including the supply of relevant documents if any.

26.4 SINGULAR/PLURAL

Words indicating the singular only shall also include the plural, and vice versa, where the
context so requires.

26.5 LEGAL PERSONS

Words indicating persons shall also include firms and corporations.

26.6 CAPTIONS

Captions are used only for reference and for convenience and do not define, limit or
describe the scope or intent of any Article.

ARTICLE 27 - AMENDMENTS

No alterations, modifications, changes or amendments to this CONTRACT shall be valid unless


made in writing and signed by duly authorized representatives of both PARTIES hereto.

ARTICLE 28 - NO WAIVER

Any failure by either PARTY at any time, or from time to time, to require each other to comply
with all the terms, conditions and specifications of this CONTRACT shall not constitute a waiver
of such terms, conditions and specifications and shall not in any manner affect or impair the right
of either PARTY at any time to insist on strict compliance with this CONTRACT or to avail
themselves of such remedies that they may have for any breach of this CONTRACT by the other
PARTY.

ARTICLE 29 - GOVERNING LAW AND COMPLIANCE WITH LAW

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 57 of 86

This CONTRACT shall be governed by and construed in accordance with the laws of Trinidad
and Tobago. CONTRACTOR will comply at its sole cost and expense with all applicable rules,
regulations and laws of Trinidad and Tobago and with any and all laws of the country or
countries in which the WORK is being carried out, its political subdivision and all lawful rules,
regulations, order and standards promulgated by any and all agencies of any local, or national
government, which has jurisdiction over the area of construction, as well as any and all laws,
regulations, standards, orders and subsequent revisions thereto, and implementation thereof by
the applicable state authority, all in connection with or applicable to the performance and
execution of this CONTRACT. CONTRACTOR agrees to indemnify and hold COMPANY
GROUP harmless from any claims, costs, demands, fines, causes of action and losses to
COMPANY GROUP arising out of or connected with any failure to comply with or violation of
said laws, standards, regulations and orders by CONTRACTOR.

ARTICLE 30 - DISPUTE RESOLUTION AND ARBITRATION

30.1 The PARTIES shall use their best efforts to settle amicably any dispute, controversy or
claim arising out of or related to the CONTRACT, or the breach, termination or invalidity
of the said CONTRACT.

30.2 Any dispute, controversy or claim arising out of or related to the CONTRACT, or the
breach, termination or invalidity of the said CONTRACT that cannot be settled amicably
between the PARTIES shall be referred to mediation.

30.3 The mediator shall be appointed and approved by both PARTIES. The costs of
mediation shall be borne by both PARTIES equally or as determined by the said mediator
except that each PARTY will be responsible for its own expenses. The mediator shall
determine the structure of the mediation process. Any opinion expressed by the mediator
will be strictly advisory and will not be binding on the PARTIES. Any disputes not
otherwise settled shall be referred to arbitration.

30.4 Disputes resolved by arbitration shall be binding and each PARTY irrevocably waives
any right to trial by jury with respect to any such dispute. Arbitration shall be conducted
in the Republic of Trinidad and Tobago in accordance with the provisions of the
Arbitration Act, Chapter 5:01, of the Laws of the Republic of Trinidad and Tobago or
any modifications or re-enactment thereof.

ARTICLE 31 - NOTICES

31.1 ADDRESSES

All notices, required to be given by any PARTY shall be in writing in English and
delivered in person or by courier service including registered post or by any electronic

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 58 of 86

means of transmitting written communications which provide confirmation of receipt and


is directed at the following addresses:

To: COMPANY:
PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED
POINTE-A-PIERRE
TRINIDAD
WEST INDIES

ATTN: Mr. Christopher Walton


TELPHONE No.: 658-6938
FAX No.: 658-4420

To: CONTRACTOR: ________________


ATTN: _____________
TELPHONE No.:
FAX No.

Other addresses may be substituted for or added to the ones specified above by the giving
of written notice to that effect.

31.2 DESIGNATION OF INDIVIDUALS

Each PARTY may from time to time designate in writing individuals to whom a
particular type of communication shall be addressed and/or who shall be authorized by
that PARTY to act on its behalf with respect to certain matters hereunder.

ARTICLE 32 - INDEPENDENT CONTRACTOR RELATIONSHIP

32.1 INDEPENDENT CONTRACTOR

In the performance of WORK required under this CONTRACT, CONTRACTOR


GROUP shall be independent contractors and not employees of COMPANY.
CONTRACTOR shall control and direct the details of the services to be performed
hereunder, COMPANY being interested only in the satisfactory completion thereof.
CONTRACTOR will control the aggregate number and scheduling of the hours worked
by CONTRACTOR. Any temporary business accommodation that COMPANY may
provide CONTRACTOR away from CONTRACTOR's principal place of business shall
not be construed to be CONTRACTOR's principal place of business.

32.2 NO AGENCY RELATIONSHIP

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 59 of 86

During the term of this CONTRACT, CONTRACTOR GROUP shall not represent itself
to be agents, employees, representatives or partners of COMPANY. CONTRACTOR
GROUP shall not have authority to commit COMPANY to any binding legal obligation,
unless otherwise expressly authorized in writing by COMPANY REPRESENTATIVE.

ARTICLE 33 - SAFETY, SECURITY AND HEALTH

33.1 SAFETY REGULATIONS

Without prejudice to CONTRACTOR's exclusive responsibility to provide for the safety,


security and health of CONTRACTOR's personnel, and to observe all applicable laws
and regulations pertaining thereto, CONTRACTOR GROUP shall comply with
COMPANY safety measures as may be amended from time to time by COMPANY as
contained in COMPANY's Safety Manual (January 2006) copies of which have been
furnished to CONTRACTOR in the Invitation to Bid documents.

33.2 PERMITS

COMPANY shall issue all required permits/certificates (for work and areas within its
control) to execute the WORK in a safe manner. Typically permits/certificates are
required for hot work, excavation, radiography, confined space entry, hazardous content,
and electrical isolation. CONTRACTOR shall observe all conditions stated on these
permits/certificates and ensure their continuing validity by obtaining the necessary
approvals/renewals.

33.3 HOT WORK

Before CONTRACTOR conducts any burning, welding, sandblasting, or other operation


that might:

(a) Involve the use of open fire,

(b) Introduce a source of ignition, or

(c) Generate or be likely to generate a source of ignition,

CONTRACTOR shall request COMPANY to issue a Hot Work Certificate and the
allocation of an area designated as a Hot Work Area. For each working shift,
CONTRACTOR shall be issued a Hot Work Certificate, signed by COMPANY's
REPRESENTATIVE, which authorizes the commencement of WORK in such Hot Work
Areas. COMPANY's REPRESENTATIVE may, at any time, without prior notice,
revoke the Hot Work Certificate. In this event, CONTRACTOR and/or, its
SUBCONTRACTORS shall immediately cease hot work operations in the designated

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 60 of 86

Hot Work Areas. At CONTRACTOR's request and upon reasonable prior notice, any
part of COMPANY's existing facilities or COMPANY furnished system components
upon which WORK must be performed shall be cleaned and freed of oil/gas. Should
CONTRACTOR be required to assist COMPANY with such cleaning and oil/gas freeing,
CONTRACTOR will do so.

33.4 SCHEDULE CONSIDERATIONS

COMPANY will make every attempt to ensure that progress of WORK is not impeded by
unnecessary delays in approvals/renewals of the necessary permits/certificates. However
COMPANY will not be liable for normal time losses incurred in obtaining the necessary
permits. CONTRACTOR representatives shall report to duty at least half an hour prior to
commencement of WORK each day in order to facilitate timely and efficient processing
of the required permits.

ARTICLE 34 - CONTRACTOR INFORMED AS TO CONDITIONS

CONTRACTOR represents and warrants that the compensation hereunder is based on its
knowledge and judgment of the conditions and hazards involved in connection with the WORK,
and the CONTRACT DOCUMENTS referred to herein, and not on any oral representations of
COMPANY or its employees.

ARTICLE 35 - COMPLETE AGREEMENT

35.1 COMPLETE AGREEMENT

This CONTRACT contains all of the terms and conditions including all warranties (to the
exclusion of extra-contractual ones) agreed upon by the PARTIES hereto with respect to
the WORK and to all matters which may in any way affect the WORK. No other
agreements, oral or otherwise, regarding the subject matter of this CONTRACT shall be
deemed to exist or to bind any of the PARTIES hereto. No provision in this CONTRACT
is to be interpreted for or against any PARTY because that PARTY drafted such
provision.
This Agreement together with the Attachments hereto, shall constitute the entire
agreement.

1. _________________
2. _______________
3. _____________________

Should there be any conflict between this Agreement and the other documents heretofore
listed this Agreement shall prevail and should there be any conflict amongst the
documents listed, the order of precedence shall be the sequence indicated above.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 61 of 86

35.2 INDUCEMENT

CONTRACTOR acknowledges that no representation, promise or agreement not


expressed herein has been made to induce CONTRACTOR to enter into this
CONTRACT, and warrants that no payment or promise has been given to COMPANY
GROUP to induce it to enter into this CONTRACT.

ARTICLE 36 - COMPANY AND CONTRACTOR REPRESENTATIVES

36.1 COMPANY REPRESENTATIVE

COMPANY shall, in writing, appoint from time to time one or more individuals (herein
called the COMPANY REPRESENTATIVE) to represent COMPANY in respect of all
WORK to be carried out in accordance with this CONTRACT. CONTRACTOR shall
make all contacts through COMPANY REPRESENTATIVE. However, any
COMPANY REPRESENTATIVE's APPROVAL or agreement to the performance of the
WORK shall in no way relieve CONTRACTOR from its responsibilities, obligations or
liabilities under this CONTRACT, except as adjusted by said APPROVAL or agreement
in writing.

36.2 CONTRACTOR REPRESENTATIVE

(a) CONTRACTOR shall have and maintain an experienced, qualified and


responsible CONTRACTOR PROJECT MANAGER available at the jobsite at all
times during the course of the WORK. The CONTRACTOR PROJECT
MANAGER shall be fluent in the English language to enable COMPANY
REPRESENTATIVE to issue instructions and to receive verbal and/or written
reports in the English language. The CONTRACTOR PROJECT MANAGER
shall be given full and complete authority in writing by CONTRACTOR to act on
behalf of, and to bind, CONTRACTOR with respect to all matters pertaining to
performance of the WORK and this CONTRACT, and COMPANY shall be
furnished a copy of such written authority. This written authority shall also
indicate that the CONTRACTOR PROJECT MANAGER has direct access to all
CONTRACTOR departments, divisions, or subgroups that may, in any way,
affect the progress, safety, quality control, inspection, material procurement,
scheduling, manpower allocation, finances, warehousing, fabrication, loadout,
tiedown, or CONTRACTOR's management and execution of WORK.

(b) COMPANY REPRESENTATIVE shall have direct and prompt access to the
CONTRACTOR PROJECT MANAGER at all times.

(c) CONTRACTOR shall submit to COMPANY for its review and APPROVAL the
qualifications of the individual selected by CONTRACTOR as representative to

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 62 of 86

IN WITNESS WHEREOF, this instrument is executed by the PARTIES hereto in duplicate


originals on the date first indicated above.
head up the performance of the WORK, prior to commencement of and from time
to time during the performance of the WORK.

ARTICLE 37 - SUCCESSORS AND ASSIGNS

The covenants and agreements contained herein shall apply to, and inure to the benefit of and be
binding upon the PARTIES hereto and upon their respective assigns and successors.

ARTICLE 38-SEVERABILITY

If any provision contained herein is held to be unenforceable by a court of law or equity, this
CONTRACT shall be construed as if such provision did not exist, and the unenforceability of such
provision shall not be held to render any other provision of this CONTRACT unenforceable.

SIGNED for and on behalf of ))


PETROLEUM COMPANY OF ))
TRINIDAD AND TOBAGO LIMITED ))
by Malcolm A. Jones ))

its Executive Chairman ))

in the presence of: ))

SIGNED for and on behalf of ))___________________________


by ))
its ))
in the presence of ))

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 63 of 86

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 64 of 86

TENDER NO. **10278803

SECTION 7

SPECIFICATIONS

1) GENERAL SPECIFICATIONS FOR WORK


2) PARTICULAR GENERAL FIELD INSTRUCTIONS TO NOTE

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 65 of 86

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED


CENTRALISED ENGINEERING AND CONSTRUCTION

SUPPLY AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING


FIXTURES, GROUNDING INFRASTRUCTURE, CIVIL WORKS AND RELATED
ITEMS FOR THE WASTE WATER TREATMENT FACILITY CHEMICAL
DOSING UNIT

TENDER NO. **10278803

SPECIFICATIONS

7.0 GENERAL SPECIFICATIONS FOR WORKS

7.1 CODES, STANDARDS AND SPECIFICATIONS

7.1.1 Any electrical work will be performed in accordance with PETROTRIN’s GEMS, the
National Electrical Code NFPA 70 and the American National Standards Institute ANSI C2.
If there is any conflict among the codes, the most stringent shall prevail, unless determined
otherwise by PETROTRIN.

7.1.2 Design and equipment shall also conform to acceptable industrial codes and standards of the
following:
National Electrical Manufacturer's Association (NEMA)
Underwriters Laboratories (UL) or equivalent
Insulated Cable Engineers Association (ICEA)
Institute of Electrical and Electronic Engineers (IEEE)
American Petroleum Institute (API)
American National Standards Institute (ANSI)
National Fire Protection Association (NFPA)
British Standards Institution (B.S.I.)

Note: Where a particular standard is specified, an equivalent listed standard will


be acceptable.

7.1.3 The related codes, specifications and standards referred to herein shall be the latest edition
including all addenda and supplements thereto.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 66 of 86

7.1.4 All applicable laws, regulations and other rules of any Governmental Authority having
jurisdiction or authority shall apply and govern when they are more exacting or do not
conflict with such governmental Authority.

7.1.5 All equipment and materials shall be of proven design, manufactured and tested in
accordance with the minimum requirements of the codes and standards referred to herein.

7.1.6 All equipment and materials shall be approved for their specific purpose, environment and
application and shall be suitably labelled or listed as complying with the applicable
standards and tests.

7.1.7 Electrical equipment furnished as a component of proprietary or standardized equipment


shall be in accordance with the equipment manufacturer’s standards as well as applicable
codes referred to herein.

7.1.8 All clearance certificates, electrical isolation, safety certificates, excavation permits and
other relevant documents must be obtained before work begins.

7.1.9 The CONTRACTOR shall execute all works in accordance with PETROTRIN’s General
Conditions of Contract, the latest standards and codes, stated herein and appropriate
PETROTRIN Specifications and Guidelines listed below. The most stringent shall prevail.
Any difference in the interpretation of such specifications and codes between the
CONTRACTOR and PETROTRIN shall be resolved in a mutually satisfactory manner. In
the event such resolution is not achieved, PETROTRIN’s interpretation in accordance with
proper intent shall prevail and the CONTRACTOR shall comply with such at no extra cost
to PETROTRIN. However, nothing herein shall be construed as relieving the
CONTRACTOR from any obligations or liabilities.

a. PETROTRIN Standard Specifications are as follows:


 GEMS
 PETRORIN’s Exceptions to GEMS (shall take precedence over GEMS)
 PETROTRIN’s N-Specifications - N-26 Plant Checkout and Testing
Procedures

NOTE: Excerpts from the above Specifications are included in Appendices 1, and 2.

b. Relevant procedural guides from PETROTRIN’s General Field Instructions. These


include Health, Safety and Environment Practices and Work Methods, Work Permit
Guidelines and Regulations with regards to excavations, working at heights,
materials handling, etc.

NOTE: The onus is on the Bidder to obtain copies of the relevant documents as specified.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 67 of 86

PARTICULAR GENERAL FIELD INSTRUCTIONS (GFIs) TO NOTE

GFI No. Description

15 The use of cranes near overhead transmission lines

17 Procedure for Preparing Electrical Systems & Equipment for Maintenance Work –
Electrical Isolation

34 Excavations – Permission and Protection

47 Precautions and Certificates for Welding, Oxyacetylene Cutting, Fires, Naked


Lights and other Hot Work

48 Smoking, Naked Lights and all Hot Work in Protected Areas

62 Procedure for Inspection, Testing and Operating Lifting Appliances

95 Portable Transistor Radios and Testing Instruments

100 Wire Rope Slings

110 Tubular Scaffolding – Rules

127 Shoring of trenches

133 Use of Water from Fire Hydrant System for purposes other than Fire Fighting or
Fire Prevention

134 Welding - Protection of Personnel

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 68 of 86

TENDER NO. **10278803

SECTION 8

QUALITY MANAGEMENT REQUIREMENTS

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 69 of 86

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED


CENTRALISED ENGINEERING AND CONSTRUCTION

SUPPLY AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING


FIXTURES, GROUNDING INFRASTRUCTURE, CIVIL WORKS AND RELATED
ITEMS FOR THE WASTE WATER TREATMENT FACILITY CHEMICAL
DOSING UNIT

TENDER NO. **10278803

8.1 QUALITY MANAGEMENT SYSTEM

8.1.1Quality Management Objective

CONTRACTOR shall implement a Quality Management System, which shall be used for all the
associated works. The objective of the Quality Management System is to provide an integrated
system approach to Quality Assurance, Quality Control, Safety and Reliability. The ultimate
goal is to achieve project completion with quality in Engineering, Procurement, Construction,
Commissioning and Testing, supported by adequate documentation.

8.1.2 Quality Management Requirements

Appendix 1 comprise the following quality manuals:


 Painting Specifications
 Quality Specification Manual – QPM-1
 Manual of Forms and Inspection and Test Plans – QDM-1
 Procedure Manual – QDM – 2
 Welding Specifications Rev 1
 Pointe – A - Pierre Best Practices Rev February 2006

The above documents describe the minimum Quality Management requirements for the project.
The Quality Manuals QPM-1, QDM-1 and QDM-2 are included in Appendix 1 of this ITB
document.
CONTRACTOR shall develop and submit for PETROTRIN approval a Project Quality Manual
that includes a Quality Plan which provides detailed procedures for managing the quality of
Engineering, Procurement, Construction, Commissioning and Testing of the unit.
CONTRACTOR’s detailed Quality Plan shall reflect the requirements of the Quality Manuals
described above, and shall identify his quality interfaces with PETROTRIN, his
Vendors/Suppliers and his SUB-CONTRACTORS. The Project Quality Manual shall, as a
minimum, be in accordance with ISO 9001:2000 (Quality Management Systems –

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 70 of 86

Requirements) and HB 90.3 – 2000 (The Construction Industry Guide to ISO 9001 – 2000)
Standards. The Project Quality Manual shall include, but be not limited to:
a) CONTRACTOR’s Quality Policy Manual
b) A Quality Plan for the Project
c) An Index (Table of Contents) listing the title of all applicable Quality Procedures. Where
work processes are controlled by a series of Manuals, an outline of the hierarchy of
Manuals shall be submitted.

CONTRACTOR shall implement the Quality Management System outlined in his approved
Project Quality Manual.

8.1.3 Quality Standards

CONTRACTOR shall state the Quality Standard(s) or any international Standard(s) to which he
complies. He shall also state any certification held (Lloyds, ISO etc.) as well as certification of
his personnel.

8.1.4 Project Execution Documentation

CONTRACTOR shall carry out the following works in accordance with the relevant Codes,
Standards and specifications and the following:

8.1.4.1 Documentation

1) As a minimum CONTRACTOR’s Methods Statements, Procedures, Inspection and Test


Plans, Forms etc. shall comply with the Quality Manuals Appendix 1:
• Quality Specification Manual - QPM-1
• Manual of Forms and Inspection and Test Plans - QDM-1
• Procedure Manual - QDM-2
All activities shall be preceded by a Quality Inspection Plan to be approved by PETROTRIN
Quality Management Personnel.

Quality Inspection Plans shall include the necessary notice (time) required for all hold points etc.
CONTRACTOR shall program his works such that PETROTRIN’s Quality personnel can
efficiently respond to notices.
CONTRACTOR’s documents shall be submitted to PETROTRIN for approval.

2) During the execution of the project CONTRACTOR shall make available to PETROTRIN’s
Quality Management Representative on Site, all activity documents (e.g. I&T Plans, procedures,
Method Statements, Activity Forms etc). These documents shall be used by CONTRACTOR and
PETROTRIN to monitor all construction activities. The originals of all these documents shall be
submitted to PETROTRIN at the Pre-Commissioning stage as part of the Turnover
Documentation.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 71 of 86

8.1.4.2 Personnel

1) CONTRACTOR shall satisfy PETROTRIN that all Management and key personnel assigned
to the project possess adequate and appropriate training and experience.
2) CONTRACTOR shall satisfy PETROTRIN that all Supervisory and Craft workers, including
those of the Sub-CONTRACTOR are qualified to engage in their respective activities on the
project. All such qualifications shall comply with the relevant codes and standards. Where
experience is applicable as grounds for qualification, a Résumé shall be required.

8.1.5 Quality Audits By PETROTRIN

CONTRACTOR shall permit free access at all times to PETROTRIN for the purpose of
completing Quality Audits of CONTRACTOR and SUB-CONTRACTORS. Procedures to
reconcile non-conformances shall also be established by CONTRACTOR to provide expeditious
and effective resolution. CONTRACTOR shall ensure correction of non-conformances and
where practicable, prevent recurrence by identifying and eliminating the cause. Refer to Quality
Specification Manual – QPM-1 (QPM-1/14.0 and QPM-1/15.0).

8.1.6 Quality In Engineering

CONTRACTOR shall ensure that Design and Development activities are planned, controlled and
documented.
CONTRACTOR shall ensure that Engineering is in accordance with the relevant Codes,
Standards and Specifications. Quality checklists for the Engineering phase shall be the
responsibility of CONTRACTOR. Refer to Quality Specification Manual – QPM-1 (QPM-1/ 4.0,
QPM-1/ 4.1, QPM-1/ 4.2, QPM-1/ 4.3) in Appendix 1.

8.1.7 Quality In Procurement

CONTRACTOR shall verify that Vendors/Suppliers are capable and available to provide the
Materials that meet or exceed requirements of the project. Description of this verification
procedure shall be addressed in the Procurement Section of the Project Quality Plan.

CONTRACTOR shall complete all necessary audits and inspections of the Vendors/Suppliers to
assure that the quality of processed material and consumables conforms to the applicable
drawings and specifications.

CONTRACTOR shall ensure that all plans or actions related to manufacturing, purchasing,
storage, and handling of materials are fully documented, available and adherent to Vendor and/or
Manufacturer’s Quality Management System.

1. CONTRACTOR shall furnish documented proof of acceptable quality for all materials to
be used as permanent parts of the installed facilities or consumables supplied by them.
All such documentation shall be submitted to PETROTRIN prior to arrival of the

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 72 of 86

material on the job site or CONTRACTOR shops. PETROTRIN shall reject materials
that do not bear proof of acceptable quality.

2. Proof of acceptable quality includes but is not limited to Documentation required by the
applicable specifications, codes and standards.

PETROTRIN recognizes that Vendors/Suppliers/Manufacturers may have different forms of


presenting the information and shall review the presentation, by sample or otherwise, before
inclusion of all required information. However, the documents shall provide the required
information as presented on PETROTRIN forms included in. CONTRACTOR shall submit
forms to PETROTRIN prior to the start of the activity in order to achieve mutual agreement on
the acceptability of the documents.

CONTRACTOR shall provide proof of Vendor/Supplier monitoring for status and schedule.

PETROTRIN shall reject material or equipment supplied that does not meet the above stated
requirements.

8.1.8 Quality In Construction

CONTRACTOR shall ensure that pre-commissioning, commissioning and testing are effectively
implemented so that prior to initial operation, all the facilities have been shown capable of
meeting their intended performance including those for safety and reliability.
PETROTRIN recognizes that Testing and Commissioning are closely related and therefore,
documentation may be relevant to both activities, and both activities may be considered in the
effective and useful completion of the said documentation.

8.1.9 Quality In Pre-Commissioning, Commissioning, Start-Up and Test Run

CONTRACTOR shall ensure that pre-commissioning, commissioning, start-up and test run are
effectively implemented so that prior to initial operation, all the facilities have been shown
capable of meeting their intended performance including those for safety and reliability.
PETROTRIN recognizes that Testing and Commissioning are closely related and therefore,
documentation may be relevant to both activities, and both activities may be considered in the
effective and useful completion of the said documentation.

8.2 PRE-COMMISSIONING, COMMISSIONING AND TESTING

8.2.1 Introduction

This subsection outlines the obligations of CONTRACTOR and PETROTRIN with respect to the
preparation for commissioning, testing and turnover of the Unit. The CONTRACTOR shall
develop full details of procedures for pre-commissioning, commissioning and testing of the New
Substation.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 73 of 86

CONTRACTOR shall be responsible for immediate replacement of any defective


component/equipment identified during pre-commissioning, commissioning and testing without
any cost to PETROTRIN. PETROTRIN reserves the right to reject defective equipment
identified during this phase.
All testing, pre-commissioning, commissioning and plant start-up shall be done in accordance
with Quality Specifications QPM – 1 / 10.0, QPM – 1 / 10.2 and QPM – 1 / 10.3, and Quality
Procedure QDM-2/9.0, Appendix 1.

8.2.2 Definitions

1. Mechanical Completion
The term "Mechanical Completion" shall mean completion of construction and installation of the
Unit, save for minor exceptions acceptable to PETROTRIN which do not interfere with safe
commissioning, start-up and operation of the Unit, (e.g. non-critical insulation, painting,
landscaping). Mechanical completion is attained when the Unit or any part thereof (individual
systems) has been erected in accordance with the applicable drawings and specifications, and has
mechanical, structural, instrument/control and electrical integrity demonstrated by
CONTRACTOR and is ready for Commissioning and Start-up. Mechanical Completion shall be
demonstrated by submission of the System Turnover Packages. The Pre- commissioning and
Mechanical Completion Checklist contained in PETROTRIN Standard Specification G-9 shall
be used in the allocation of responsibilities to achieve Mechanical Completion and defines the
minimum requirements expected of CONTRACTOR.
Refer to Quality Procedure Manual, QDM 2, Appendix 1.
2. Pre-commissioning
Pre-commissioning activities and responsibilities are defined in the Pre-commissioning and
Mechanical Completion Checklist contained in PETROTRIN Standard Specification G-9. (e.g.
insulation and grounding system tests, operational testing of equipment, current injection testing,
etc.).
3. Commissioning
Commissioning activities are those required after pre-commissioning to bring the Unit or parts of
the Unit into operation.

8.2.3 Systems Turnover

1. Introduction
The turnover of the Unit or a relevant part indicates that CONTRACTOR has carried out the
work in accordance with the requirements of the Contract. The fact that Mechanical Completion
of the Unit has been achieved does not necessarily mean that CONTRACTOR has fulfilled all
contractual obligations.
CONTRACTOR shall work toward early definition of turnover systems so that construction
planning and scheduling can be based on turnover sequence. CONTRACTOR shall define the
operating systems for turnover in accordance with specifications contained herein, Quality
Specification QPM – 1 / 10.3, (Quality Specification Manual QPM – 1), and after consultation

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 74 of 86

with PETROTRIN. All the systems shall be collectively complete for plant operation. The
systems shall be marked on drawings, where possible, using different highlighter colours. A
section of the drawing for each system shall be prepared/extracted to be used for preparation of
other pieces of System Turnover Package.
The final version of the systems defined by CONTRACTOR is subject to PETROTRIN’s
approval. PETROTRIN reserves the right to redefine systems as required by the plant processes.
When CONTRACTOR considers that the Unit or any System(s) is ready for turnover,
CONTRACTOR shall prepare System Turnover Package(s) for PETROTRIN to review and
comment. Only when PETROTRIN considers System Turnover can take place, a Certificate of
Acceptance shall be signed by PETROTRIN.

2. Presentation of the System Turnover Package


CONTRACTOR shall turnover the Unit by the systems defined above.
For each system CONTRACTOR shall present the information in letter size three- (3) ring
binders in addition to electronic format and shall contain as a minimum the following
information:
a) A copy of the extract of the drawing for that turnover system
b) A list of all equipment and components included in that system
c) Manuals and other pertinent technical information for all equipment and components.
d) Valid Calibration Certificates for all instruments used in the testing and
inspections/examinations.
e) Record of Electrical checks, Test and Inspections/Examinations.
f) Record of Civil checks, Tests and Inspections/Examinations.
g) Punch list of outstanding items. All punch list items shall be assigned a category to reflect the
importance of the item. A minimum of three (3) categories shall be used.
h) Any other documents required by the relevant codes and standards or statuary laws to be
stored.
i) Other relevant document requested by PETROTRIN.

8.2.4 Pre-commissioning

Pre-commissioning activities are separate on-going functions, which may or may not be
completed before Mechanical Completion is achieved. Continuing pre-commissioning activities
for any mechanically completed system shall not be allowed to interfere with construction work
in other mechanically incomplete systems.
CONTRACTOR shall provide PETROTRIN with a system handover schedule and an
organization chart to guide communication and responsibilities during the pre-commissioning
and start-up phases of the project.
CONTRACTOR shall conduct pre-commissioning activities in accordance with PETROTRIN
Standard Specification G-9. CONTRACTOR shall be responsible for the supply of all pre-
commissioning materials e.g. cleaning agents, lubricants, seal oil, coolants etc.
CONTRACTOR shall load/charge equipment as outlined in Licensor/Vendor procedures (e.g. oil
systems, etc).

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 75 of 86

Functional testing of all equipment shall be carried out on completion of construction and
immediately prior to plant start-up and shall be supervised, verified and accepted by
PETROTRIN. On completion of pre-commissioning activities by CONTRACTOR, all field
instrumentation, control, emergency shutdown and safety systems shall be in place, with all loop
and acceptance checks and all ‘punch list’ work items completed and with all equipment fully
operational and ready for immediate start-up.

8.2.5 Commissioning/Start-Up

Final detailed commissioning schedules and procedures shall be provided to PETROTRIN two
(2) weeks before commissioning works are to begin. This will allow for the smooth transfer of
construction personnel to the Unit commissioning team.
After Mechanical Completion, PETROTRIN shall assume responsibility for care, custody and
control of the completed portion, and shall direct all subsequent work. CONTRACTOR shall
supply commissioning/start-up crew on a 24-hour basis to perform and/or support this post-
Mechanical Completion work. These crews shall comprise supervisory personnel knowledgeable
in sub-station operations as well as skilled labour (mechanical, electrical, instrument etc).
Commissioning activities shall be performed by CONTRACTOR’s personnel with assistance of
PETROTRIN. Although assisted by PETROTRIN's personnel, the responsibility for completing
the activities to PETROTRIN's satisfaction remains the CONTRACTOR's.
Pre-commissioning, commissioning, testing and start-up activities shall be performed according
to the drawings, Manufacturer’s instructions and specified standards and codes.
CONTRACTOR shall provide all consumable type spares required for commissioning and start-
up, and all replacement spares arising out of start-up and commissioning of equipment and initial
equipment operation.

Prior to energizing and commissioning, perform all tests and checkout of equipment and cable in
accordance with the specifications referenced herein.
All tie-ins or connections to existing items shall be coordinated with PETROTRIN
Representative. CONTRACTOR shall provide all requisite materials to facilitate tie-ins.
PETROTRIN shall take the lead in this activity. CONTRACTOR shall be responsible for
providing specific work breakdown structure for all tie-ins at least three (3) days in advance of
the tie-ins.
Additionally, CONTRACTOR shall be responsible for the following:
a. Preparation of a comprehensive report on all activities carried out in this phase of the Work,
not later than two weeks after unit start-up.
b. Correction/repair of defects in workmanship or materials/equipment deemed by PETROTRIN
to be CONTRACTOR's responsibility. CONTRACTOR shall act expeditiously to remedy such
defects. CONTRACTOR is advised that PETROTRIN remedies for default in this area shall be
vigorously pursued.

CONTRACTOR shall meet with PETROTRIN regularly and frequently (daily if required or
requested) to discuss targets, obstacles, solutions, progress, HSE issues, etc.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 76 of 86

General Note:

On the following checklist pages, in the columns under “Work Responsibility- CONTRACTOR
– PETROTRIN”, the following legend applies:

X Full Responsibility (If X is under both CONTRACTOR and PETROTRIN, the


responsibility shall be shared)

O Observed Only

W Witnessed and Signed off

A Assistance required (may include manpower)

 Required for Electrical Completion

TABLE 1

WORK
COMPLETED
RESPONSIBILITY
ELECTRICAL COMPLETION AND PRE-

REQUIRED FOR
COMMISSIONING
CONTRACTOR

CONTRACTOR
ELECTRICAL
PETROTRIN

PETROTRIN
INITIALS

INITIALS
1. GENERAL PRE-COMMISSIONING AND ELECTRICAL

DATE
COMPLETION CHECKLIST
1.%2% CONTRACTOR Responsibility
Where responsibility is not indicated.
a. Mobilize all the equipment and manpower necessary to carry out the
X 
entire Scope of Work
b. Provide the necessary site facilities for workers during the execution
X
of the work and maintain in a hygienic manner.
c. Provide any required site security. X
d. Perform demobilization when advised by COMPANY’s
X
representative, on completion of the works
2.%2% Permits
a. Provide a list of Refinery permit applications before close of X
business on a daily basis for next day’s work permits requirements.
3.%2% Instructions
a. Ensure all Management of Change documents are completed if A X 
changes were made to unit. This applies to any changes - process,
mechanical, material etc.
4.%2% Rotation and Alignment X 

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 77 of 86

WORK
COMPLETED
RESPONSIBILITY
ELECTRICAL COMPLETION AND PRE-

REQUIRED FOR
COMMISSIONING

CONTRACTOR

CONTRACTOR
ELECTRICAL
PETROTRIN

PETROTRIN
INITIALS

INITIALS
1. GENERAL PRE-COMMISSIONING AND ELECTRICAL

DATE
COMPLETION CHECKLIST
a. Obtain the services of a COMPANY representative to witness
installation of equipment, as required.
5.%2% Tie-Ins at Unit Limits
a. Prepare all systems for safe tie-ins. X A 
b. Obtain approval and make the necessary tie-ins at the unit limits, as
X O 
required by the specifications and as directed by COMPANY.
6.%2% Inspection
a. Provide inspection of the plant to verify that erected facilities
conform to flow diagrams, construction drawings, vendor prints and X O 
specifications
b. Verify that specified materials have been installed in the plant and
X 
document verification to the extent required by COMPANY.
c. Provide for special inspections, such as those required by
insurance or governmental agencies (primary responsibility is with X X 
COMPANY).
d. Verify and approve the plant inspection. Note any exceptions on
A X 
separate punch list.
e. Perform field safety inspections per COMPANY’s Health, Safety
X O
and Environmental requirements.
7.%2% Housekeeping
a. During and at completion of connection, remove excess materials,
temporary facilities and scaffolding; rough sweep or rake the area; X
and pick up trash. Perform washing or further cleanup, as required.
b. After Electrical Completion of connection, maintain adequate
A X
housekeeping practices, as required for safe operation.
8.%2% Maintenance, Spare Parts and Special Tools
a. After pre-commissioning is complete, protect equipment from normal
weather conditions, corrosion or damage. X
b. Remove, repair or replace and reinstall items having faults in material
X
or workmanship as required by the Contract.

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 78 of 86

TABLE 2

WORK
COMPLETED
RESPONSIBILITY
ELECTRICAL COMPLETION AND PRE-
COMMISSIONING

REQUIRED FOR
CONTRACTOR

CONTRACTOR
ELECTRICAL
PETROTRIN

PETROTRIN
2 DETAILED PROCEDURES CHECKLIST

INITIALS

INITIALS

DATE
In addition to the work responsibilities described in Section 3, the
detailed procedures outlined below further define the work
responsibilities of CONTRACTOR and COMPANY for specific
systems and items of equipment.
2.1 Electrical Power and Lighting Systems
a. Notify COMPANY of the test schedule. X 
b. Perform tests and record test data. X W 
c. Using a megohm-meter, perform insulation tests on all wiring
X W 
except lighting wiring.
d. Using a megohm-meter, perform insulation tests on transformer
X W 
windings from phase to phase and phase to ground.
e. Perform grounding system tests to determine the continuity of
X W 
connections and the value of resistance to ground.
f. Arrange for breakdown tests on oil samples from oil-insulated
X 
transformers.
g. Charge electrical gear with oil and/or other media, as required. X W 
h. Perform testing on all switchgear and generators in accordance
X W 
with PROJECT SPECIFICATIONS.
i. Test and set switchgear and circuit breaker relays for proper
coordination. Conduct current injection testing of switchgear X W 
protection devices.
j. Make non-operating tests necessary to retain Supplier’s
X W 
guarantee.
k. Provide and install fuses during pre-commissioning per
X O 
specifications.
l. Obtain local inspector’s approval, where required. A X 
m. Notify T&TEC (Local power authority) for the cut over of power to
A X
sub-station.
n. Energise all substations after completion of all tests. X 
o. Advise readiness to receive power from substation. X 
p. Check installation of emergency power and lighting systems,
X W 
including light intensity.
q. Provide COMPANY with a record of work completed. X
r. Perform interlock and loop function tests. X W 
s. Level plinths and grout all bearing surfaces X W

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 79 of 86

TENDER NO. ** 10278803

SECTION 9

LIST OF DRAWINGS AND APPENDICES

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 80 of 86

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LIMITED


CENTRALISED ENGINEERING AND CONSTRUCTION

SUPPLY AND INSTALLATION OF LOW VOLTAGE CABLES, LIGHTING


FIXTURES, GROUNDING INFRASTRUCTURE, CIVIL WORKS AND RELATED
ITEMS FOR THE WASTE WATER TREATMENT FACILITY CHEMICAL
DOSING UNIT

TENDER NO. **10278803

APPENDICES

APP 1: CD ROM WITH THE FOLLOWING:


 PETROTRIN Painting Specifications
 QPM–1 - Quality Specification Manual
 QDM-1 - Manual of Forms and Inspection
and Test Plans
 QDM-2 - Procedure Manual
 Welding Specification Rev 1
 Pointe –A-Pierre Refinery Best Practices
Rev Feb 2006

APP 2: GEMS L-1P12 – INSTALLATION OF ELECTRICAL SYSTEMS

APP 3: EXCERPTS FROM PETROTRIN’S EXCEPTIONS TO GEMS

APP 4: N-26 SPECIFICATIONS – PLANT CHECKOUT AND TESTING PROCEDURES

APP 5: BID BOND FORM AND PERFORMANCE BOND FORM

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 81 of 86

APPENDIX 1

CD ROM WITH THE FOLLOWING:


 PETROTRIN Painting Specifications
 QPM–1 - Quality Specification Manual
 QDM-1 - Manual of Forms and
Inspection and Test Plans
 QDM-2 - Procedure Manual
 Welding Specification Rev 1
 Pointe –A-Pierre Refinery Best Practices
Rev Feb 2006

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 82 of 86

APPENDIX 2

GEMS L-1P12 – INSTALLATION OF ELECTRICAL SYSTEMS

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 83 of 86

APPENDIX 3

EXCERPTS FROM PETROTRIN’S EXCEPTIONS TO GEMS

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 84 of 86

APPENDIX 4

N-26 SPECIFICATIONS – PLANT CHECKOUT AND TESTING PROCEDURES

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 85 of 86

APPENDIX 5

BID BOND FORM AND PERFORMANCE BOND FORM

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative
TENDER NO. 10278803 Page 86 of 86

APPENDIX 6

BILL OF QUANTITIES

____________________________________
CONTRACTOR’s Signature/ Date Company’s Representative

You might also like