0% found this document useful (0 votes)
379 views36 pages

1.425 GWac Al Kahfah PV Independent Power Plant

This document is a letter of award from LARSEN & TOUBRO SAUDI ARABIA LLC to M/s EXPRESS ARABIA GENERAL CONTRACTING EST. for electrical work on a temporary site for a 1.425 GWac solar power plant in Al Kahfah, Saudi Arabia. The letter outlines the scope of work, contract value of SAR 152,200.000, completion deadline of December 14th 2023, payment terms, and annexures forming the contract.

Uploaded by

tadzzl
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
379 views36 pages

1.425 GWac Al Kahfah PV Independent Power Plant

This document is a letter of award from LARSEN & TOUBRO SAUDI ARABIA LLC to M/s EXPRESS ARABIA GENERAL CONTRACTING EST. for electrical work on a temporary site for a 1.425 GWac solar power plant in Al Kahfah, Saudi Arabia. The letter outlines the scope of work, contract value of SAR 152,200.000, completion deadline of December 14th 2023, payment terms, and annexures forming the contract.

Uploaded by

tadzzl
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 36

LTSA/PT&D(I)/KSA/ALKHF/WO/052 Date: 25th Oct 23

M/s Express Arabia General Contracting Est


PO Box – 1980,
Al Jubail - 31951
Kingdom of Saudi Arabia
CR No: 2053113907

Kind Attention: Mr. Jameel


Mob.: +966 50 288 4054
E-mail: [email protected]

Project: 1.425 GWac Al Kahfah PV Independent Power Plant

Subject: Letter of Award for Installation of Electrical work for temporary site facilities at 1.425 GWac
Al Kahfa Solar PV Plant.

Ref: EXAR/LNT-KHAF/PSS-TSF/23/QTN/15 Rev-2

We are pleased to issue a Letter of Award for Installation of Electrical work for temporary site
facilities as per the approved drawings, plans, instructions of the engineer in charge as per the
Contractor’s specifications and agreed clarifications.
Notice to Proceed for works will be issued by Contractor to M/s Express Arabia General Contracting
Est.
Scope of Works:
Attached per Annexure III
1. PRICE
The Contract value for the subject work for this project is SAR 152,200.000 /- (Saudi riyal One
Hundred Fifty-Two thousand Two hundred only). The Amount is exclusive of VAT as applicable in
KSA. VAT of 15% shall be applicable on the invoice value.
Prices are firm and fixed and shall not be subject to any escalation until completion of the Works,
the period for which is again mutually agreed. The contract is on a re-measurable basis on the
actual quantity executed at the site.

2. COMPLETION PERIOD
Time is the essence of the contract. The entire scope of work related to Construction of temporary
site facilities must be completed by 14th December 2023. The subcontractor shall ensure that the
work, including punch point correction and handover, are done within the mentioned period. Sub-
contractor shall ensure that all timelines as per the milestone are met as mentioned in Annexure-II
– Schedule and Milestones

Sensitivity: LNT Construction Internal Use


LTSA/PT&D(I)/KSA/ALKHF/WO/052 Date: 25th Oct 23

Based on the progress and commitment to complete the schedule of works we reserve our right to
de-scope the remaining whole if the progress is not satisfactory.

3. TERMS OF PAYMENT
100% of the invoice values shall be released within 30 days of submission of approved Invoice and
supporting documents.

4. SPECIFICATIONS
As per Drawings and Instructions provided by the Engineer In-charge at the site and standard
engineering practices, WHEREAS,
 the Subcontractor is willing to undertake the Works shall be carried out for the Project all
as described in the Contract, in accordance with the terms and conditions hereinafter set
forth and
 the Subcontractor hereby declares to have full knowledge and understanding of the
content of all documents whether contained or referred to in the Contract.

NOW therefore both PARTIES agree as follows:


a) In this LOA, all words and expressions written in upper case text shall have the same meanings as
are assigned to them in this LOA or in Annexure 1 - Terms and Conditions.

b) The Contract constitutes the whole agreement between the parties and supersedes any previous
arrangement, understanding or agreement between them relating to the subject matter it covers.

c) The following Annexures shall be read and construed as one (1) document and shall as such form
the Contract save always that in the event of ambiguity or contradiction between in any particular
Annexure the most stringent standard shall apply. Any such cases which cannot be resolved by
reference to the stringent standard, the Contractor shall clarify the ambiguity and/or choose
between the discrepant items and the Subcontractor shall comply accordingly.

1) This Document
2) Annexure 1 - Terms and Conditions
3) Annexure 2 – Schedule and Milestones
4) Annexure 3 – Scope of Works and Price Schedule
5) Annexure 4 - HSSE Requirements
6) Annexure 5 - Quality Control and Assurance
7) Annexure 8 – 8A: Waiver Declaration, 8B: Integrity and Compliance Undertaking & 8C: Affidavit
and Final Release and Waiver of Liens

Sensitivity: LNT Construction Internal Use


LTSA/PT&D(I)/KSA/ALKHF/WO/052 Date: 25th Oct 23

d) Save where the provisions of the Contract expressly and specifically require otherwise, the
Subcontractor shall assume and perform hereunder all the obligations and liabilities of the
Contractor under the Main Contract in relation to the Contract Works on the basis of a “flow
down” or “back-to-back” principle.

e) In consideration of the payments to be made by the Contractor to the Subcontractor , as is


mentioned hereinafter , the Subcontractor hereby covenants to perform the Works in compliance
with all provisions of this Contract and to provide all facilities, materials labor, and other required
resources for and to completely perform to the Contractor’s satisfaction, all of the construction
works & services, and as more particularly described in Annexure 2 & 3 thereof.

f) Subcontractor shall, in accordance with the terms and conditions of the Contract, perform and
complete the Works and Contractor shall pay to Subcontractor the Contract price as set out in
Annexure 3.

g) The Contract price shall be fixed and firm for the whole duration of the Contract and shall not be
subject to any Variation unless otherwise adjusted by way of a Variation order issued in
accordance with Section 24 “Variations” of Annexure 1 - Terms and Conditions the Contract.

h) Where Subcontractor is an unincorporated joint venture, consortium or similar entity, each


member of Subcontractor is and shall continue to be, jointly and severally liable to the Contractor
for the performance of the Works and all other matters in connection with the Contract.

i) The Contract constitutes the whole agreement between the parties and supersedes any previous
arrangement, understanding or agreement between them relating to the subject matter it covers.

j) The provisions contained in this Contract shall be enforceable independent of each of the others
and its validity shall not be affected if any of the other provisions are invalid. If any of those
provisions are void but would be valid if some parts of the provision were deleted, the provision in
question shall apply with such modification as may be necessary to make it valid.

k) No modification or amendment of this Contract and no waiver of any of the terms or conditions
hereof shall be binding, unless made specifically in writing duly executed by the authorized
representatives of the Parties.

l) Subcontractor agrees and undertakes that in connection with this Contract, it will comply with all
applicable laws, rules, regulations, decrees and/or official governmental orders of the Kingdom of
Saudi Arabia.

Sensitivity: LNT Construction Internal Use


LOA No.: LTSA/PT&D(I)/KSA/ALKHF/WO/052
Rev.: 00
ANNEXURE 1
Date: 25TH Oct 23
Doc. Type: Project:
Terms & Conditions 1.425GWac Al Kahfah Solar Page: 1 of 7
Power Project
This Subcontract is signed between:-
"Contractor" means the person named as such in the
(1) LARSEN & TOUBRO SAUDI ARABIA LLC, KSA, a Contract and includes the legal representatives, successors and
limited liability company organised under the laws of the Kingdom permitted assigns of the Contractor.
of Saudi Arabia with commercial registration number 1010154437
and registered address at Industrial Creativity Centre Building, 3rd "Corrupt Act" means any bribery, corruption or other similar
Floor, Office No. 6&7, P.O. Box 295020, Dabab Street, Murabba prohibited act under the Law, the law of the Kingdom of Saudi
Area, Riyadh, Kingdom of Saudi Arabia (the "Contractor"). Arabia, the US Foreign Corrupt Practices Act, the UK Bribery Act,
the laws of all other relevant jurisdictions (including the Saudi
Arabia and India) and other requirements or conventions of
(2) M/s EXPRESS ARABIA GENERAL CONTRACTING EST. a
national and international agencies (such as the anti-corruption
company organized under the laws of the Kingdom of Saudi guidelines of the International Finance Corporation (part of the
Arabia and registered address at Jubail-31951 P.O Box: 1980,
World Bank Group))
Kingdom of Saudi Arabia (the "Subcontractor");
"Defects" means any defect, error, failure, imperfection
The Contractor and the Subcontractor may hereinafter be referred or fault in the Materials and Equipment, a Group, the Plant, or the
to individually as a "Party" and collectively as the "Parties". Works (including any spare parts supplied by the Subcontractor
WHEREAS: - under the Contract) attributable to:-
(a) defects, omissions, failures, imperfections or faults in design,
On 21.07.2023 the Contractor entered a contract with the Project engineering, manufacturing, Materials and Equipment, tools or
Company for all design, engineering, procurement, workmanship or
manufacturing, construction, installation, start-up, commissioning, (b) any act, default or omission of the Subcontractor, or any
testing and other work necessary to construct and complete the person for whom the Subcontractor is responsible, done or
Works and remedying of Defects therein to be carried out in the omitted to be done either before or during the Defects Liability
Kingdom of Saudi Arabia in connection with the Project ("EPC Period, including (but not limited to) any failure to comply with the
Contract"). Contract.
and "Defective" shall be construed accordingly. Defects shall
The Subcontractor is experienced and qualified in carrying out and include, for the avoidance of doubt, Latent Defects.
completing such activities and has agreed to carry out and
complete such activities in accordance with the terms and
"Defects Liability Period" means the period specified in Clause
conditions of this Contract. 11 during which the Subcontractor is responsible for rectifying
IT IS AGREED as follows: - Defects as provided in Clause 11.

1. DEFINITIONS "Deliverables" means all products, goods and services (including


1.1. Unless the context otherwise requires, words and expressions documents, drawings, computer programs including Software
defined in this Contract shall have the following meanings: - License as applicable) to be delivered by Subcontractor as set out
"Client" means Saudi Power Procurement Company, in and pursuant to the Contract documents.

"Commercial Operation Date" means any or each of the "Effective Date" means the Effective Date of Contract, for the
First initial Commercial Operation Date, Second initial Commercial purpose of time schedule, Liquidated Damages for delay etc.,
Operation Date, and Project Commercial Operation Date, as the shall be the date as defined in the contract/purchase
context may require. document/Work Order/Service Agreement.

“Competent Authority” means the Government, or any ministry, "Grid Operator" means SEC.
department or political subdivision thereof, any municipality, any
court or tribunal or any other governmental entity, instrumentality, "Groups”: (a) the First Group and (b) the Second Group, and
agency, authority, committee or commission, under the direct or "Initial Group" means any of them under the Main Contract. Shall
indirect control of the Government, or any department or political include First Initial Group of arrays capable of generating 712.5
subdivision thereof, or any independent regulatory authority MWac and Second Initial Group of arrays capable of generating
relating thereto, having jurisdiction under the Law over the Project 712.5 MWac. "Group 1" shall mean the first Group to achieve its
Company, the Client, SEC, National Grid SA and the Contractor, Initial Acceptance Date and "Group 2" shall mean the second
in each case within Saudi Arabia, provided that, for the purposes Group to achieve its Initial Acceptance Date.
of this Contract, the Client, SEC and/or National Grid SA shall not
be considered a Competent Authority.
"Group Commercial Operation Date " means,
(a) the First Initial Commercial Operation Date of 31st January
"Contract" means this agreement made between the 2025; and
Contractor and the Subcontractor for the execution of the Works
(b) the Second Initial Commercial Operation Date of 30th April
as the same may be modified, varied or supplemented from time
2025, as the case be.
to time. Contract means the separate contract/purchase
document/Work Order/Service Agreement, including any
appendices attached thereto, together with these conditions. "Law" means any decree, license, resolution, statute, act, order,
rule, ordinance, law, decision, code, regulation (including any
implementing regulation), treaty or directive (to the extent having
"Contract Price" has the meaning given to it in Clause 8 of the
the force of law) or any interpretation by a Competent Authority
Contract.
LOA No.: LTSA/PT&D(I)/KSA/ALKHF/WO/052
Rev.: 00
ANNEXURE 1
Date: 25TH Oct 23
Doc. Type: Project:
Terms & Conditions 1.425GWac Al Kahfah Solar Page: 2 of 7
Power Project
having jurisdiction over the matter in question, as enacted, achieve the Project Commercial Operation Date.
introduced or promulgated by any Competent Authority having
jurisdiction over the matter in question, including any 3. SUBCONTRACTOR’S OBLIGATIONS
amendments, modifications, replacements or re-enactments 3.1. The Subcontractor is responsible for the provision of all
thereof. Materials and Equipment and the performance of all works and
services required for carrying out and completion of the Works in
“Main Contract” Main Contract means the EPC contract signed accordance with the Contract and applicable Laws (whether or not
by and between the Contractor and Project Company for the expressly set out therein) including making good any Defects.
Project for the purpose of executing this Project.
3.2. The Subcontractor guarantees that it has sufficient resources
"Plant" means the solar photovoltaic power generating plant and competence to perform the Works, that it shall perform the
located at the Site using photovoltaic technology and includes all Works with the degree of care and skill normally exercised by
plant, machinery and equipment, all associated buildings, professional firms performing Works of a similar nature.
structures and roads on the Site that are not national, provincial or
municipal roads, and other appurtenances, together with all 3.3. The Subcontractor shall not be entitled to assert any
required interfaces. entitlement under this Contract after the earlier to occur of (i)
seven (07) days from actual knowledge of the grounds for such
“Project Company/Owner” Ishaa Renewable Energy Company Claim, and (ii) fifteen (15) days from the grounds for a Claim
having arisen regardless of the Subcontractor's knowledge (or
"Programme" means the time schedule as set out in Annexure 2, lack thereof) of such grounds having arisen.
as revised from time to time in accordance with the Contract.
3.4. Subcontractor’s Conduct
"Project Commercial Operation Date" 30th November 2025 The Subcontractor shall not at any point of time during the term of
the Contract, engage in discussions or attempt to communicate
"SEC" means Saudi Electricity Company, (directly or indirectly) with the Project Company, SEC, Client,
Lenders or other third parties on any matter in connection with the
"Subcontractor" means the person named as such in the Contract without the prior written consent of the Contractor.
Contract and includes the legal representatives, successors or
assigns of the Subcontractor permitted pursuant to the Contract. 4. STANDARDS OF EXECUTION
4.1. The Subcontractor shall follow, and ensure that the
“Work" means the Work to be performed by Subcontractor for the Subcontractor, and its affiliates respect the applicable law,
production, performance and delivery of the Deliverables. Work necessary specifications, all standards, OTS, and procedures that
shall also mean the whole of all the goods, labor, services and applies to the Works under the Main Contract.
things of all kinds to be provided by the Subcontractor under the
Contract, including any Limited Notice to Proceed or Notice to 4.2. Design life
Proceed Works, Temporary Works and Variation Works, of this The Subcontractor shall build, install, commission and test the
Contract. Works to have a design life of not less than 35 years from the
Project Commercial Operation Date. All plans and drawings shall
This document, together with its respective appendices and use international standards of measurement.
annexes, shall together constitute the agreement between the
Subcontractor and Contractor and the term "Contract" in all such 4.3. Conditions affecting the Works.
documents shall be construed accordingly. The Contract 4.3.1. The Subcontractor warrants that, prior to entering into the
constitutes the whole agreement between the parties and Contract, it has fully satisfied itself as to all local, regional, national
supersedes any previous arrangements, understandings, or and Site conditions, risks and circumstances existing as of the
agreement between them relating to the subject matter it covers. date of the Contract that affect or could affect the Works and/or
performance of the Subcontractor's obligations under the
This document and its annexures shall be read and construed as Contract.
one (1) document and shall as such form the Contract. Save 4.3.2. The Subcontractor shall not be entitled to make any Claim
always that in the event of ambiguity or contradiction between in whatsoever, or requests for variations, for price adjustment(s)
any particular annexure the instruction of the Contractor shall and/or time extension(s) based on its failure sufficiently to have
prevail. satisfied itself as to the above-mentioned matters or on its reliance
on any unwarranted information and data supplied by the
2. COMMENCEMENT, PROGRESS AND COMPLETION Contractor, or on any misunderstanding or incorrect information
howsoever obtained.
2.1. The Subcontractor shall:-
(a) commence the Works on the Commencement Date; 4.4. Approvals
(b) proceed regularly and diligently with the Works in accordance 4.4.1. The Subcontractor shall obtain and keep in full force and
with the approved Programme; effect all Approvals required by the Subcontractor and which are
(c) continually monitor the performance and progress of all necessary for the performance of the Subcontractor's obligations
activities specified in the Programme; under the Contract
(d) complete the Works so as to enable the Contractor to timely
achieve the Initial Commercial Operation Date(s); and 4.5. Local suppliers and employment of Saudi Arabian citizens
(e) complete the Works so as to enable the Contractor to timely 4.5.1. In cases where goods or services required for the Works
LOA No.: LTSA/PT&D(I)/KSA/ALKHF/WO/052
Rev.: 00
ANNEXURE 1
Date: 25TH Oct 23
Doc. Type: Project:
Terms & Conditions 1.425GWac Al Kahfah Solar Page: 3 of 7
Power Project
are available from both Saudi and non-Saudi suppliers, the reasonably incurred by the Contractor in attending or in
Subcontractor shall ensure the participation of such Saudi consequence of such re-testing or inspection shall be deducted
suppliers in the bidding or contracting process, required as per the from the Contract Price.
law.
7.3. Test Reports and Results
5. PROGRAMME OF WORKS The Subcontractor shall submit to the Contractor all test reports
Within seven (07) days of issuance of the Notice to Proceed, the and results in accordance with Annexure 5, including where such
Subcontractor shall prepare and submit to the Contractor the test has not been passed in accordance with the Contract.
Programme showing the sequence in which it proposes to carry
out the Works so as to achieve completion in accordance with the 8. CONTRACT PRICE AND PAYMENT
Contract. In addition to that, the Subcontractor shall also submit The Contract Price (subject to amendment in accordance with the
Plant and machinery deployment schedule, Organization chart Contract) shall be the same amount as shown in the LOA, which
with CVs of key personnel, Manpower deployment schedule, is inclusive of all taxes imposed within and outside of the Kingdom
mobilization schedule, as need be, for Contractor’s perusal. of Saudi Arabia, but excluding VAT.
Unless otherwise agreed between the Parties, the Contract
Throughout the duration of the Contract, the Subcontractor shall payment terms shall be paid as follows:
submit to the Contractor, as the Contractor may reasonably a) Subcontractor shall raise one invoice every month based on the
require from time to time, such further programmes, updates on Works executed.
the above data, and analyses of progress as the Subcontractor b) 100% of the payment shall be released after 30 days of invoice
may prepare for the purpose of its own management and control submission.
of the Works.
c) 5% Withheld amount shall be released after 60 days of work
completion including punch point closure – not appicable
The Subcontractor shall constantly monitor the progress of all
activities specified in the Programme.
Unless otherwise agreed in the Contract, Subcontractor shall, as
soon as reasonably practicable following completion of the Work,
If at any time the Subcontractor's actual progress of the Works submit an Invoice including all sums for the Deliverables.
falls behind the dates shown in the Programme, the Subcontractor
shall promptly notify the Contractor of the steps being taken to
Subcontractor’s invoices must include the details/documents
expedite progress so as to attain timely completion of Works.
including but not limited to, all relevant deliverables demonstrating
completion of relevant Milestones, reasonable detail estimates
The Subcontractor acknowledges that it is not entitled to any and itemizes the Work completed during the preceding month if
extension of time by reason of the Subcontractor’s failure to meet need be by the Contractor, a “Waiver Declaration” as proposed
any Milestones in the approved Programme for any reason other under the Annexure 8 of the Contract and the “Integrity and
than due to a Force Majeure Event. Compliance Undertaking” as proposed under the Annexure 8B of
the Contract., to which the invoices relate. Contractor is entitled to
6. QUALITY ASSURANCE reject invoices that do not meet these requirements. Invoiced
The Subcontractor undertakes to implement throughout the period amounts shall be inclusive of all relevant duties, taxes and levies.
of the Contract the quality control and quality assurance scheme
(the "QA Scheme") consistent with that described in the Technical If Contractor requests, Subcontractor shall provide evidence to
Specifications, Plant's design requirements, Good Utility Practice, Contractor of payment of all relevant duties, taxes and levies.
applicable Legal Requirements. All records maintained by the Failure to provide such evidence will entitle Contractor to withhold
Subcontractor and its sub-contractors pursuant to such quality payment under the Contract.
assurance and quality control obligations shall be made available
for inspection by the Owner / Contractor, upon prior notice. If it has been agreed that the Subcontractor shall provide a bank
guarantee for the Work performance, Contractor shall not be
7. TESTS AND INSPECTIONS obliged to make any payments prior to receipt of such
7.1. The Contractor reserves the right to perform the plant survey, guarantee(s).
quality assessment (audit) and quality surveillance activities, and
to inspect material at the Supplier’s or his subcontractor’s facility Following Project completion and after fulfilment by Subcontractor
to verify compliance with the terms and conditions of the of all of its duties and obligations under this Contract,
Subcontract Agreement and its related documents at Contractor’s Subcontractor shall furnish Contractor with a final invoice for
cost. amounts retained if any; and the following documents as desired
7.2. Rejection of Defective Works by the Contractor: a) Duly signed Taking Over/Work Handing over
If after inspecting, examining or attending the testing of the Certificate in the format proposed by the Contractor, Affidavit and
Materials and Equipment or the Works or any part thereof the Final Release and Waiver of Liens as in the format proposed
Contractor shall determine that such Materials and Equipment or through Annexure 8, Satisfactory proof that there are no
Works or part thereof are Defective or do not comply with the unsatisfied third-party claims or other indebtedness existing in
requirements of the Contract, it may reject such portion by giving connection with the Works, Tax certificates, GOSI certificate etc.
to the Subcontractor five (5) Days' notice of such rejection, stating
the grounds upon which the determination is based. After the Contractor’s receipt and acceptance of the foregoing
Following any such rejection, the Subcontractor shall remedy or documents the Contractor shall pay Subcontractor's final invoice.
replace the rejected Materials and Equipment or Works or part
thereof at his own cost and risk, and resubmit the same for test or Contractor's Right to Deduct: All ascertained costs, liquidated
inspection in accordance with Clause 7. All direct expenses
LOA No.: LTSA/PT&D(I)/KSA/ALKHF/WO/052
Rev.: 00
ANNEXURE 1
Date: 25TH Oct 23
Doc. Type: Project:
Terms & Conditions 1.425GWac Al Kahfah Solar Page: 4 of 7
Power Project
damages or expenses for which the Subcontractor is liable to the cost thereof to Subcontractor.
Contractor under the Contract may be deducted or set-off by the The foregoing rights of Contractor are not exclusive and shall not
Contractor from any monies due or becoming due to the limit Contractor’s rights to avail itself of any other remedy provided
Subcontractor under the Contract or may be recovered by action by law or equity.
at law in accordance with the terms of the Contract.
12. CONFIDENTIAL INFORMATION
9. TAXES, DUTIES AND FEES 12.1. Both Parties to keep information confidential
The Subcontractor shall bear and pay all taxes, duties, levies and The Parties shall treat the details of the Contract and any
charges assessed on the Subcontractor or its employees and information made available in relation thereto as private and
dependents by all local, provincial or national government confidential and neither of them shall publish or disclose the same
authorities in connection with the Works within and outside of or any particulars thereof (save insofar as may be necessary for
Saudi Arabia, except value added tax within Saudi Arabia. the purposes of the Subcontract), without the previous written
consent of the other Party, provided that nothing in this Article
10. PROGRESS AND DELAYS shall prevent the publication or disclosure of any information that
10.1. If Subcontractor becomes aware that it will be unable to has come within the public domain otherwise than by breach of
meet the agreed milestone or delivery date(s), it shall immediately this Clause.
notify Contractor in writing and include the reason for the delay, Subcontractor shall not disclose any information furnished by
proposals to minimize the delay and the anticipated new milestone Contractor / Owner / Client of any drawings, reports and other
or delivery date(s). information prepared by Subcontractor for the Project, without the
10.2. Contractor is not liable for any costs related to delays prior written approval of the Contractor expect in so far as
unless such delay is caused by Contractor. To avoid doubt, unless disclosure is necessary for the performance of Subcontractor’s
delivery is conditional upon payment, Contractor's delay in its work and services under this Subcontract.
payment obligations under the Contract shall never be deemed to
cause a schedule delay for which Contractor is responsible. The 13. TRANSFER OF OWNERSHIP
Contractor's delay in its payment obligations under the Contract 13.1. Materials and Equipment to be vested in the Contractor
shall to not excuse the Subcontractor’s delay in performing the 13.1.1. Title to the Materials and Equipment to be supplied
Works in accordance with the approved Programme. pursuant to the Contract shall automatically vest in the Contractor
10.3. Regardless of the cause of the delay, Subcontractor is on the earliest of the following:-
liable for those costs, expenses and losses suffered by Contractor (a) when the Subcontractor receives payment of such amounts in
which could have been avoided if Subcontractor had notified accordance with the provisions of Clause 8, corresponding to such
Contractor of the delay upon becoming aware of it. Materials and Equipment or Works; or
10.4. Unless otherwise agreed in the Contract, liquidated (b) when such Materials and Equipment are delivered to the Site;
damages shall accrue at a rate of 1% of the total Contract price or
per week by which the milestone or delivery date is delayed, (c) in the case of services only, after such services have been
subject to a total limit of 10% of the total Contract price. performed.
10.5. If the delay is caused by gross negligence of or willful
misconduct or Corrupt Act by Subcontractor or someone for whom
13.2. The Subcontractor shall not permit any mechanics',
Subcontractor is responsible. Contractor may, in addition to
labourers' or material's Lien to stand against the Works in respect
imposition of the liquidated damages, also claim compensation for
of any labour or material provided by any third party to the
the losses suffered due to the delay in its sole discretion.
Subcontractor or claimed to have been furnished to the
Subcontractor or any third party in connection with work of any
11. DEFECTS LIABILITY character performed or claimed to have been performed by or at
"Defects Liability Period" means, a period of 24 months from the the direction or sufferance of the Subcontractor or any third party
Project Commercial Operation Date in respect of the Works as set in relation to the Works. Nothing in the Contract shall be deemed
out in Annex 3. to authorise the Subcontractor or any third party to bind the
Contractor, Client or the Project Company for the payment for
All work required to be completed by the Subcontractor in labour or material, for engineering or designer's fees or for any
accordance with this Contract in order to remedy any Defects or other costs arising in connection with the Works by or on behalf of
damage consequent to such Defects (to the extent, in the case of the Subcontractor.
damage, that the costs are not recovered under any insurances)
shall be carried out at the risk and cost of the Subcontractor, 14. CARE OF WORKS AND INDEMNITIES
including any repair or replacement of any Works, Materials and 14.1. Subcontractor shall indemnify Contractor (and its affiliates,
Equipment which has become necessary due to any act or the Owner, Client and their respective affiliates, and the
omission or poor workmanship of the Subcontractor. Contractor’s other Subcontractors) against all damages, claims,
costs, losses and expenses incurred by Contractor as a result of
Contractor may require Subcontractor to repair or replace the non- a third party claiming that the Deliverables constitute an
conforming Works at Subcontractor’s cost. The foregoing infringement of their intellectual property rights.
warranties shall apply to said repairs or replacements of the non-
conforming Works for a period of two (2) years from the date of 14.2. Subcontractor shall, regardless of fault, indemnify
repair or replacement is completed. Contractor (and its affiliates, the Owner, Client and their respective
affiliates, and the Contractor’s other Subcontractors) against all
Should Subcontractor fail to repair or replace the non-conforming damages, claims, costs, losses and expenses incurred by
Works during the Defects Liability Period, Contractor may repair Contractor as a result of any bodily injury or loss of life among
or replace such Works either itself or through other and charge the Subcontractor’s employees and persons for whom it is responsible
LOA No.: LTSA/PT&D(I)/KSA/ALKHF/WO/052
Rev.: 00
ANNEXURE 1
Date: 25TH Oct 23
Doc. Type: Project:
Terms & Conditions 1.425GWac Al Kahfah Solar Page: 5 of 7
Power Project
in connection with the Work. writing a description of the Variation Work together with an
estimate of any effects on the Contract price and the Work
14.3. Contractor shall, regardless of fault, indemnify schedule.
Subcontractor against all damages, claims, costs, losses and
expenses incurred by Subcontractor as a result of any bodily injury 16.4 All Variations must be approved and issued by Contractor by
or loss of life among Contractor’s employees and persons for means of a written variation order prior to Subcontractor initiating
whom it is responsible in connection with the Work. the Variation Work.

14.4. If the Subcontractor fails either to start or complete the Work 16.5 Compensation for Variation Work shall be in accordance with
by the agreed dates specified in the purchase document for the prices and rates contained in the Contract or, where such
reasons not attributable to Contractor, the Subcontractor shall cannot be applied, the general price level of the Contract (e.g.
compensate Contractor in accordance with condition agreed taking account of discounts given to Contractor in the Contract).
under Clause 10.5. All such Variations shall be duly substantiated and all such other
records (not limited to original purchase orders and invoices) as
14.5. As to claims against a party arising out of any loss or damage may reasonably be requested by the Contractor shall be provided.
suffered by any third party in connection with the Work other than If a Variation provides cost savings to Subcontractor, Contractor
those described in Articles 14.2 and 14.3, the party causing such shall be credited accordingly.
claims shall indemnify the other party from and against all costs
and expenses associated therewith. 16.6 If the parties disagree as to (i) whether a Variation is required
or (ii) the effects of the Variation, including the impact on costs and
14.6. The Subcontractor shall take full responsibility for the schedule, such dispute shall be recorded by Contractor and
care and custody, and the security of the Works and damage to Subcontractor shall Implement the Work identified therein without
its property. awaiting the final outcome of the dispute. Disputes shall be settled
first in good faith by the parties’ high-level management.
14.7 The Subcontractor shall make sure that neither the
Subcontractor nor its affiliates shall perform a Corrupt Act or 17 FORCE MAJEURE
violation of applicable Law by the Subcontractor, its employees or A "Force Majeure Event" shall mean any circumstance, event or
any personnel engaged by the Subcontractor for the performance condition (or combination thereof) beyond the reasonable control,
of Works. directly or indirectly, of the Party affected (the "Affected Party).

15. INSURANCE Neither of the parties shall be considered in breach of an


15.1 Unless specific insurance is a requirement under this obligation under the Contract to the extent the party can establish
Contract, Subcontractor shall maintain appropriate insurance that fulfilment of the obligation has been prevented by Force
policies in order to protect them Work and Deliverables and itself Majeure.
against potential risks and liabilities that may arise from the
performance of the Work. The party invoking Force Majeure shall, as soon as possible, notify
the other party of the Force Majeure situation. If Subcontractor
15.2 As a minimum, the Subcontractor is expected to provide invokes Force Majeure, satisfactory documentation to that effect
insurance covering third party liability, product liability, any losses must be submitted. In case of Force Majeure, each party shall
in connection with personal injury or death among Subcontractors cover his own costs resulting from the Force Majeure situation.
and its Subcontractors employees performing the Work at the
project site. Subcontractor shall also provide transportation Within 10 days after the Force Majeure situation has ceased,
insurance covering any losses or damages to the material or plant Subcontractor shall present to Contractor his request for
and equipment in connection with the Work. adjustment of the Contract Schedule in accordance with the
provisions of clause16. Any adjustments to the Contract Schedule
15.3 Unless agreed otherwise in the contract if requested by shall be made with due regard to the delay caused to
Contractor, Subcontractor shall provide certified copies of original Subcontractor by the Force Majeure situation and shall be subject
insurance certificates for the insurance required under the to approval under the Main Contract. If Subcontractor fails in
Contract. submitting such Variation Order Request within said time limit, he
loses the right to include such event as a Force Majeure situation.
16. VARIATIONS
16.1 Within the scope of what the parties could reasonably If a Force Majeure situation lasts without interruption for 180 days
have expected at the time the Contract was entered into, or more, or it is evident that it will do so, then each party shall have
Contractor has the right to require a variation with regard to the the right to terminate the Contract by notice to the other party.
quality and/or quantity of the Work & Deliverables, the milestone
or delivery date(s) and any other aspect of the Work (Variation). 18 SUSPENSION AND TERMINATION
Without prejudice to Contractor’s rights of termination due to
16.2 If the Subcontractor considers that a Variation is required, the Subcontractor’s default, if the Subcontractor fails to perform the
Subcontractor shall without undue delay notify Contractor in Works in accordance with the approved and/or mutually agreed
writing of such requirement and the reason for it. Programme or fails to remedy a Defect or it becomes apparent
that the Subcontractor is unlikely, in the reasonable opinion of the
16.3 If the Contractor notifies the Subcontractor that it requires a Contractor, to meet any Milestone, the Contractor upon
Variation, Subcontractor shall without undue delay submit in reasonable prior notice to the Subcontractor, shall be entitled to
alter, omit or reduce any of the Works from the Subcontractor’s
LOA No.: LTSA/PT&D(I)/KSA/ALKHF/WO/052
Rev.: 00
ANNEXURE 1
Date: 25TH Oct 23
Doc. Type: Project:
Terms & Conditions 1.425GWac Al Kahfah Solar Page: 6 of 7
Power Project
initial scope (“Descope”). The Contractor shall be entitled to (a) any liability of the Subcontractor to pay liquidated
deploy its own resources or employ any third party to carry out damages under the Contract;
such parts of the Works (at the Subcontractor’s risk and cost) in (b) the amount or any costs or losses incurred by the
order to recover the shortfall in progress and performance. Contractor for which the Subcontractor is expressly
required to reimburse the Contractor under the terms of
Contractor may temporarily suspend the Work or parts thereof by the Contract;
giving reasonable written notice to Subcontractor. Following such (c) the indemnities provided for under the Contract
notice, Subcontractor shall without undue delay, inform Contractor
of the effects of the suspension on the Work. During suspension, (d) cases of fraud, willful misrepresentation, willful
the Subcontractor shall protect, store, secure and insure such part misconduct, reckless misconduct, deliberate default,
or the Work against deterioration, loss or damage. Subcontractors gross negligence, illegal acts or Corrupt Acts;
shall resume the Work when requested by Contractor. If the (e) instances of death, personal injury or property damage.
suspension period exceeds 90 days, Subcontractor can request
to cancel the Contract by written notice to Contractor.
21 MISCELLANEOUS
21.1 Entire agreement
Contractor may at any time for the Contractor’s convenience The various parts of the Subcontract Agreement are intended to
cancel/terminate the Work and Deliverables or parts thereof by be complementary to each other. Save where the provisions of the
written notification to Subcontractor with a Seven (07) days’
Subcontract expressly and specifically require otherwise, the
notice. Following cancellation, Contractor shall not be obliged to Subcontractor shall assume and perform hereunder all the
pay Subcontractor for any Work satisfactorily performed up to date
obligations and liabilities of the Contractor under the Main
of cancellation unless it is agreed in writing between both parties Contract in relation to the Subcontract Works on the basis of a
to pay cancellation charges. “flow down” or “back-to-back” principle.
No amendment or other change of or to the Contract shall be
19 NOTICES effective unless it is in writing, is dated, specifically refers to the
19.1 Sending notices. Contract and is signed by a duly authorized representative of each
Any notice, request, consent, approval or other such document, Party.
instrument required, or which may be given hereunder shall be in
writing and deemed delivered upon receipt if delivered personally, 21.2 ASSIGNMENT & SUB-LETTING OF CONTRACT:
upon receipt if delivered by courier and upon receipt by the The Subcontractor shall not sublet or assign all and / or any part
intended recipient in readable form if sent by electronic mail. Each of the work without obtaining written permission from the
such notice, request, consent, approval or other document shall Contractor as the case may be before finalizing such an
be addressed as follows: arrangement. While seeking permission in this regard, necessary
If to the Contractor: details regarding circumstances leading to the sub-letting,
Attention: Mr. ADBUL HANIF KHAN / PROJECT DIRECTOR experience and standing of the subcontractor(s) in the line should
Email: [email protected] be supplied in the first instance. It is clarified that Subcontractor
If to the Subcontractor: would be fully responsible for any acts of omission and errors of
Subcontractor: M/s: Express Arabia General Contracting. the subcontractor(s).
Attention: Mr. Jameel,
Email: [email protected] If, in the Contractor’s reasonable opinion, the Subcontractor has
The Parties may change the address to which such notices may failed to pay any of its Employees/Subcontractors/Suppliers/
be sent by sending notice of such change in the manner set forth Vendors/Other agencies, on time in accordance with the terms
above. and conditions of the relevant Subcontract and for no good
reason, the Contractor upon ten (10) Days’ written notice to the
20 LIMITATION OF LIABILITY Subcontractor is entitled to pay a Sub-Subcontractor(s) directly,
20.1 The aggregate liability of the Subcontractor to the Contractor and within such ten (10) Day notice period, if the Subcontractor is
under or in connection with the Contract from any and all unable to demonstrate to the Contractor’s satisfaction that the
causes shall not exceed 100% of the Contract Price, except amount claimed by the Sub-Subcontractor is not due and payable.
that this clause shall not apply to the liability of the
Subcontractor: If the Contractor pays a Sub-Subcontractor(s) directly, the
Contractor may set-off such amount(s) against any amounts owed
(a) in respect of liability to indemnify the Contractor as per
to the Subcontractor pursuant to this Contract, including any
this Contract, including indemnities in respect of injury or
amounts certified in an Interim Certificate.
death to persons and damage to property;
(b) in cases of fraud, willful misconduct, gross negligence, 21.3 Severability
or illegal acts
If any provision of the Contract is prohibited or rendered invalid or
(c) in respect of rejection of Works unenforceable such prohibition, invalidity or unenforceability shall
not affect the validity or enforceability of any other provisions of
20.2 Neither Party shall be liable to the other by any reason, the Contract.
including by way of indemnity or by reason of any breach of
the Contract or by reason of tort (including negligence or 21.4 Independent Subcontractor
otherwise), equity, for any special, consequential, indirect or The Subcontractor shall act as an independent Subcontractor
punitive damages or indirect costs or expenses or loss of performing the Contract. The Contract does not create any
contracts, loss of profits, data, or commission payments. This agency, partnership, joint venture or other joint relationship
exclusion of liability shall not apply to:
LOA No.: LTSA/PT&D(I)/KSA/ALKHF/WO/052
Rev.: 00
ANNEXURE 1
Date: 25TH Oct 23
Doc. Type: Project:
Terms & Conditions 1.425GWac Al Kahfah Solar Page: 7 of 7
Power Project
between the Contractor on the one hand and the Subcontractor for whatever reason of the Contract.
on the other.

21.5 Contracts (Rights of Third Parties) Act 1999 --End of document--


The Contracts (Rights of Third Parties) Act 1999 shall not apply to
the Contract and no rights or benefits expressly or impliedly
conferred by it shall be enforceable under that Act against the
Parties or by any other person.

21.6 Successors
This Contract shall be binding upon and shall inure to the benefit
of the successors in title of the Parties hereto and the permitted
assigns of the Contractor.

21.7 No Waiver of Sovereign Immunity


Nothing whatsoever in this Contract constitutes or shall be
construed as an explicit or implicit waiver of sovereign immunity
or any related rights, defenses or objections.

21.8 Contractor’s Rights Cumulative


Contractor’s rights, powers and remedies under this Contract are
cumulative and are in addition to and not in substitution for or
exclusive of any rights, powers or remedies provided by applicable
law or that Contractor may otherwise have or hold in relation to
this Contract.

21.9 No Release
The obligations and liabilities of Subcontractor under this Contract
shall not be released, diminished or in any other way affected by
any enquiry, direction, inspection, comment, consent, sanction,
acknowledgement, confirmation, approval or advice made or
given by or on behalf of Contractor, the Contractor’s employees,
servants or agents or failure by any such person to enquire, direct,
inspect, comment, consent, sanction, acknowledge, confirm,
approve or advise, whether or not such act or omission might give
rise to an independent liability of any such person.

The observance by Subcontractor of any schedule (including the


WORK Schedule), policy, procedure, plan, protocol, manual or the
like shall not relieve Subcontractor from any of its obligations
and/or liabilities under this Subcontract (except from any
obligation to so observe).

22 GOVERNING LAW AND DISPUTE RESOLUTION


This Agreement shall be governed and construed in accordance
with the laws of England and Wales. Any dispute shall be settled
by both parties in an amicable matter through negotiation.
Otherwise, the matter shall be finally resolved by arbitration
seated in Riyadh KSA and conducted in English with a sole
arbitrator. The language of the arbitration shall be English. The
arbitral award shall equitably determine the way the Parties shall
pay all costs and expenses (including reasonable attorneys' and
arbitrators' fees and costs) of the arbitration. The arbitration result
shall be final and binding upon both parties and neither party shall
seek any other form of remedy except the arbitration award.

22.1 Language
The language of the Contract shall be English, and the Contract
shall be construed, interpreted and administered in, and all
correspondence between the Parties shall be in, that language.

22.2 Survival
The provisions of this Clause 22 shall survive termination or expiry
LTSA/PT&D(I)/KSA/AL KHF/WO/052 25Th OCT 2023

Annexure II – Schedule and Milestones

Sub-Contractor shall, in discussion with EPC’s Construction team finalize the schedule within 7 days of
receipt of NTP for mobilizing the required resources; And the same must be submitted for review and
approval to the Contractor.

This document shall be considered as the project completion schedule for the EPC and shall be referred
to as per the clauses mentioned in Annexure – I.

Sensitivity: LNT Construction Internal Use


LTSA/PT&D(I)/KSA/ ALKHF/WO/052 25th Oct 2023

Annexure 3 – Scope of Works and Price Schedule.

Sr .No Work descriptions UOM Qty Rate Amount

Supply & installation of 500W LED floodlights with 2.0 mts


7.1 Nos 30.0 100.0 3000.0
height GI fittings
4core 4sq.mm copper XLPE armoured cable plus 4sqmm
7.2 yellow green ECC (for area lighting in fixed position during Lm 1000.0
construction) with gland and terminations
10.0 10000.0
Grounding Cable 1C x 4mm2 cu/pvc 450/750V Y/G 91 mtr /
7.21 Roll 11.0
Roll

4core 4sq.mm copper flexible PVC (UV resistant) cable for


7.3 Lm 1000.0 10.0 10000.0
mobile lights and socket boards

MDB-1 no - Incomer 400AMP MCCB Outgoing breakers -


16nos - 40 AMP 4 pole ECMCB/RCBO/RCCB - 30mA , and 5
numbers 100A 4 pole MCCBs with provision for changeover
7.4 at incoming (MDB-1 ,Floor Mounted ,IP41 Protection System Nos 2.0 5000.0 10000.0
Voltage:400/230V 3Ph+N+E 4W 60Hz AC Incoming Breakers:
400AT/400AF 3P MCCB Outgoing Breakers: 125AT/160AF 3P
MCCB 63A 4P RCCB 30mA Busbar Rating :400A Tinned Cu)
SDB 1 No 100A 4P MCCB Incoming and 6nos - 40 AMP 4 pole
ECMCB/RCBO/RCCB - 30mA outgoing ( SDB-1 ,Surface
Mounted ,IP41 Protection System Voltage:400/230V
7.5 Nos 6.0 3300.0 19800.0
3Ph+N+E 4W 60Hz AC Incoming Breakers: 125AT/160AF 3P
MCCB Outgoing Breakers: 40A 4P RCCB 30mA 25A 1P RCBO
30mA Busbar Rating :160A Tinned Cu)
DB-1 no , 40 AMP incoming with 4pole 32 AMP MCB
outgoing with 4 pole RCBO 30 mA-1 no and 25 AMP DP
RCBO 30mA-6 nos (DB-1 ,Surface Mounted ,IP41 Protection
7.6 System Voltage:400/230V 3Ph+N+E 4W 60Hz AC Incoming Nos 18.0 3300.0 59400.0
Breakers: 63AT/100AF 3P MCCB Outgoing Breakers: 32A 3P
MCB + 40A 4P RCCB 30mA 25A 1P RCBO 30mA Busbar
Rating :Pan Assembly/Comb bar)
4core x35 sqmm copper XLPE armoured -plus 16sqmm
7.7 yellow green ECC (Including glanding termination ) For Lm 600.0
distribution of power to 3 near SDBs 10.0 6000.0
Grounding Cable 1C x 16mm2 cu/pvc 450/750V Y/G 91 mtr
7.71 LM 600.0
/ Roll
4core x50 sqmm copper XLPE armoured plus 25sqmm
7.8 yellow green ECC - (Including glanding termination ) For Lm 1200.0
distribution of power to 3 far SDBs 10.0 12000.0
Grounding Cable 1C x 16mm2 cu/pvc 450/750V Y/G 91 mtr
7.81 LM 1200.0
/ Roll
4core x4 sqmm copper XLPE armoured plus 4sqmm yellow
green ECC - ( Including glanding termination )For distribution
7.9 Lm 2000.0
of power to cabins, DBs, workshops, machines etc 33 bits of
cables 10.0 20000.0
Grounding Cable 1C x 4mm2 cu/pvc 450/750V Y/G 91 mtr /
7.91 Roll 22.0
Roll

Sensitivity: LNT Construction Internal Use


LTSA/PT&D(I)/KSA/ ALKHF/WO/052 25th Oct 2023
3Meter earth rod copper coated steel 19mm diameter with
7.11 Nos 10.0 50.0 500.0
connecting clamp

Industrial sockets & Plugs ( Male & Female ) - 40 AMP three


7.12 Nos 10.0
phase

industrial Mobile socket 32A 3p+N+E 380/415V IP44/54


7.12a Nos 6.0
50/60HZ

7.12b Plug HP IP44 3P+N+E 32A 400V 6H Nos 6.0 50.0 500.0

Straight connector Hp- IP66/IP67/IP68/IP69 - 3P+N+E 63A


7.12c Nos 4.0
346-415V 50/60HZ - RED-6H - MANTLE TERMINAL

7.12d Industrial Plug 63A 3P+N+E 415 V 50/60Hz IP66/67 Nos 4.0

Industrial sockets & Plugs ( Male & Female ) - 40 AMP single


7.13 phase (industrial Mobile socket 2p+E 32A IP44/54 50/60 Nos 20.0
Hzs)
50.0 1000.0
7.13a Plug HP IP44 32A 2P+E 220V IPP/54 50/60 Hz Nos 20.0

Sub -Total
152,200.00

VAT (15%)
22,830.00

Cumulative Total Including VAT


175,030.00

Note: Led floodLights,Cables & DBs required for Permanent installation works shall be supplied
by L&T.

Sensitivity: LNT Construction Internal Use


LTSA/PT&D(I)/KSA/ ALKHF/WO/052 25th Oct 2023

Responsibility Matrix

Sr. No. Description Responsibility Remarks

A General
Rest shelter for workmen at the work location on
1 Subcontractor
sharing basis
Transportation of workmen from accommodation to
2 Subcontractor
the Site location and inside the Plant premises
3 Dining area for the workmen Subcontractor
4 Drinking water for workmen Subcontractor
Portable toilet Facility at the work location on a
5 Contractor
shareable basis
HSE Requirement as per applicable law and as per
6 Subcontractor
L&T guidelines
Food required for all the workmen during and after
working hours. All the food and Package wastage and
7 Subcontractor
other waste to be removed after every meal and
disposed of at the designated place
All required PPE, barricading, etc for the workmen as
8 Subcontractor
per the work requirements
9 Permits to work from L&T to start the work/Activity Subcontractor
Housekeeping at working Premises inside Block daily
10 Subcontractor
and shifting of waste to the designated place.
11 Power and water requirements for the work scope Subcontractor
One competent person
12 HSE supervisor and Quality supervisor deployment Subcontractor to supervise both
quality and safety
Equipment and other arrangements for any night
13 Subcontractor
work activity
GOSI, Medical card, and other mandatory/regulatory
14 requirements including insurances, Visas for the Subcontractor
workmen, equipment, and machinery

15 Submission of Manpower Histogram Subcontractor

Rectification / action on any non-confirmity observed


16 Subcontractor
in the work executed
Small Tools & Consumables as required for
17 Subcontractor
completion of works
Supply of cables & DBs required for permanent
18 Contractor
installation

Sensitivity: LNT Construction Internal Use


LTSA/PT&D(I)/KSA/ ALKHF/WO/052 25th Oct 2023

Sensitivity: LNT Construction Internal Use


LARSEN & TOUBRO SAUDI ARABIA LLC

SUBCONTRACTOR QUALITY REQUIREMENTS:

1. Subcontractor shall submit their Quality Management Plan/Policy and certifications


to L&T for review/validation.

2. Detailed Organization chart (QA/QC team members, Designation, responsibilities,


reporting structure and etc..,) with key personnel CVs should be submitted within
1 week of PO date. L&T will conduct the interview for proposed key QA/QC
personnel before deployment at site.

3. Details of Competent & Qualified manpower availability (Specific to the SOW) of


Subcontractor has to be submitted before 2 weeks of activity commencement.

4. Timelines of Sufficient resources deployment (Mobilization plan) such as


Machineries, manpower and etc.., should be shared with L&T before 15 days of site
mobilization.

5. Subcontractor shall ensure the usage of TPI Certified tools & tackles /accessories/
components at site which shall only be permitted at site all times.

6. All instruments/equipments/Testing devices & accessories should have valid


calibration certificates & test reports and the same should be submitted to L&T
before 15 days prior to start of any activity at site.

7. If Subcontractor shall supply the materials required to be supplied within their


scope of supply items, prior approval from L&T should be obtained before supply
and it should meet all Quality requirements acc. to the approved Engineering
drawings specifications/details. Quality documents/Technical data sheet/Test
reports/Materials brochure/Warranty details/Service support details and etc..,
should be submitted to L&T along with the materials supply.

8. Subcontractor should submit the detailed Method of Statements with RA for


activities (Discipline wise) associated in the SOW before 4 weeks of starting date.

9. Subcontractor shall ensure the Compliance of L&T approved MoS, ITP/FQP and
ICLs for the activities (Discipline wise) associated in the SOW.

10. RFI (Request for Inspection) should be raised by subcontractor at each & every
stages of Quality inspection of all activities.

11. Subcontractor shall ensure the prompt submission of Filled ICLs & ITPs and
relevant field logs/registers/Test reports for the activities (Discipline wise)
associated in the SOW.
LARSEN & TOUBRO SAUDI ARABIA LLC

12. 100% Quality inspection should be performed by the subcontractor for all activities
from the beginning to completion as well as before raising RFI call to L&T to avoid
disapproval/rejection.

13. All activities should be carried out by the subcontractor w.r.to the approved
Engineering drawings, Technical Specifications and applicable standard practices at
site.

14. Required field tests should be performed promptly on field or any approved testing
labs by the subcontractor. L&T shall witness/inspect/verify the activities at each &
every stages of the construction/execution phase. For which subcontractor shall
arrange all necessary things to facilitate the same.

15. Subcontractor is obliged to close all open FONs (Field Observation Notices) and
Non-compliances/Non-conformities (NCs) issued by L&T within specified timelines
as well as depends upon the criticality.

16. Subcontractor shall submit the evidence reports/documents proof with supportive
rectification pictures of related NCRs/FONs to L&T to closure of the same.

17. If the subcontractor fails to close any open FON(s)/NCR(s) within the specified
timelines, L&T will perform the necessary corrective actions/rectification works at “the
cost and risk of the subcontractor” to close them. The expenditure so incurred by L&T
will be recovered or deducted from the subcontractor’s milestone/invoicing
payment(s).

18. All documents/reports/logs/certificates related to QA/QC should be submitted to L&T


as and when required to avoid time delay

19. No Completion Certificate (Milestones/works completion) shall be given nor shall the
work(s) be deemed to have been executed until the following.

 All of Sub-contractor's cleanup and related obligations have been completed;

 Affirming that no pending works / activities at site as well as QA/QC


documents submission to L&T.

 All outstanding obligations of Sub-contractor hereunder have been satisfied;


and
LARSEN & TOUBRO SAUDI ARABIA LLC

 Sub-contractor shall have delivered all Required QA/QC documents and other
relevant field logs/registers, Final Plans in accordance with the Scope of Work
and contractual conditions before claiming milestones completion/WCC (Work
Completion Certificate).

 Sub-contractor shall have paid all Schedule Liquidated Damages and any
other amounts due under the Contract Documents, if any; before claiming
milestones completion/WCC (Work Completion Certificate).

 The Plant is capable of being operated in a safe, normal, reliable and


continuous manner in accordance with Applicable Laws and Applicable
Permits and the Contract Documents at all operating conditions and modes
specified in the Scope of Work;

 Any and all Liens in respect to the Plant, the Contract Documents, the
Equipment, the Job Site or any fixtures, personal property or Equipment
included in the Work created by, through or under, or as a result of any act
or omission of, Sub-contractor, Vendor or other Person providing labor or
materials in connection with the Work shall have been released or bonded in
form reasonably satisfactory to L&T;

 All Works have been completed in accordance with the QA/QC requirements
of the Contract Documents;

 The Plant has been constructed in accordance with the Contract Documents
and the Drawings;

 The Final Plans accurately reflect the Plant as constructed;

 All items on the Punch List have been completed.

20. Others if any required as per project/contractual requirements.


In Subcontractor’s LETTER HEAD

Annexure 8A - Waiver Declaration

Date: DD/MM/YYYY

To whomsoever it may concern,

We, M/s …………………………………, hereinafter referred as the “Subcontractor”,


having its registered office/place of business at ……………………., [CR No.:
xxxxxxxxxx] do hereby declare that the Subcontractor owes no dues or outstanding
payments to for itself and on behalf of its Vendors, Suppliers, Subcontractors, Staffs,
Workers, any other agencies, hereinafter referred as the “Subcontractor affiliates”
representing it for this Project, in respect of the aforesaid and LOA/ Agreement /
Contract / Purchase Order / Work Order, hereinafter referred as “Subcontract”,
(reference No.: ……………), for the period, prior to the date of this Invoice (invoice
reference # ………….; dated ………….)

Subcontractor, herewith agrees to indemnify and hold Larsen & Toubro Saudi Arabia
LLC, the Project Owner, End Customers & Clients, their affiliates, parents,
subsidiaries, shareholders, officers, directors, employees and representatives,
hereinafter referred as the “Contractor and its affiliates”, harmless from any claims,
demand, cause of action, suit, judgment, loss, cost, expense, damage, proceeding,
fine, penalty, award of damages, or liability (including reasonable legal costs and
expenses, and sums paid by way of settlement and/or compromise where any such
settlement or compromise was reasonable), arising out of and/or that may arise in
future, as a result of the Subcontractor’s or any Subcontractor’s failure to fulfill the
obligations pertaining to the clearing of the dues and payments to the Subcontractor
affiliates, in connection with the performance of the Work under this Subcontract for
this Project.

Subcontractor hereby also unconditionally waives, releases, and forever discharges


the Contractor and its affiliates, and their premises and property from all material's,
mechanics, construction, and other type of liens, mortgages, pledges, charges,
security interests, and encumbrances of every nature arising out of or in connection
with such Works and all other Works performed by the Subcontractor under the
Subcontract for which payment that has previously been made.

The foregoing shall not relieve the Subcontractor of its obligations under the
provisions of the Subcontract that by their nature survive completion of the Works,
including, without limitation, warranties, guarantees and indemnities.

For and on behalf of

The Subcontractor: …………………

Seal:

Name/Designation/ID No. of Authorized representative: …………….

Signature: …………….
In Subcontractor’s LETTER HEAD

Annexure 8B - INTEGRITY AND COMPLIANCE UNDERTAKING

M/s ………………………………… (hereinafter referred to as the “Subcontractor”) with its business


address at …………………………………, hereby unilaterally, irrevocably and unconditionally issues
and delivers this letter of undertaking (hereinafter referred to as the “Letter of Undertaking”) on its
integrity and compliance commitments to Larsen & Toubro Saudi Arabia LLC (hereinafter referred to
as “Contractor”), and such integrity and compliance commitments contained herein shall be strictly
complied with by the Subcontractor for and during its execution of (Contract title)
[Agreement/Contract/LOA/PO/WO # ………..] (Hereinafter referred to as “Contract”).

The Subcontractor for itself and on behalf of its affiliates (viz., Vendors, Suppliers, Subcontractors,
Staffs, Workers, any other agencies) undertakes that it has familiarized itself with the anti-bribery and
anti-corruption provisions at least as stringent as those provided for in Prohibited Acts’ Clause of the
Contract, (hereinafter referred as “Prohibited Acts”), applicable to the activities or transactions
contemplated by Contractor, and its Affiliates (viz., Owner, End Customers & Clients, their affiliates,
parents, subsidiaries, shareholders, officers, directors, employees and representatives), and the
Subcontractor and its affiliates will maintain highest standard of conduct and exercise highest degree
of care and diligence to prevent any actions or conditions which would raise any integrity compliance
concern or result in a violation of the Prohibited Act Laws, or would be in conflict with the best interests
of Contractor and its affiliates.

The Subcontractor acknowledges that all the representations and undertakings made by the
Subcontractor in this Letter of Undertaking are true, accurate and enforceable on their entirety and
that Contractor has placed its full reliance upon these representations and undertakings as a
fundamental purpose of Contract in conducting business activities with the Subcontractor.

The Subcontractor declares that the actions stipulated in this Letter of Undertaking are without
prejudice to any other legal action that may follow in accordance with the provisions of the extant law
in force relating to any civil or criminal proceedings.

For and on behalf of

The Subcontractor: …………………

Seal:

Name/Designation/ID No. of Authorized representative: …………….

Signature: …………….

1/1
Annexure 8C - AFFIDAVIT AND FINAL RELEASE AND WAIVER OF LIENS

I, Mr………………………………... of M/s ……………………….. (herein referred to as the


"Subcontractor") hereby make on behalf of the Subcontractor the following statement and execute the
below set forth release L & T Saudi Arabia (hereinafter referred to as "Contractor ", including any its
parents, subsidiaries, shareholders, officers, directors, employees and representatives) may rely upon
in order to make final payment under Subcontract (Contract No………………..) for the title of the
Contract …………………………………………………. between Contractor and the Subcontractor
(hereinafter referred to as the "Contract") .

I hereby affirm that all vendors, suppliers, labourers, equipment renters and all other persons or firms
engaged by the Subcontractor or any of its agents to provide any work, services, material, insurance,
financing or equipment used in the engineering, procurement and construction of the aforesaid
facilities including its associated structures, equipment, utilities and furnishings (hereinafter referred
to as the "Works") and all governmental charges and charges by other lower tier subcontractor
providing work, services, material, insurance, financing or equipment at the request or direction of the
Subcontractor or any of its agents have been paid in full for all items furnished in connection with the
performance of the WORK.

I further affirm that there are no other claims against the Contractor or the Owner, including any its
affiliates, parents, subsidiaries, shareholders, officers, directors, employees and representatives, by
any party with respect to work performed by or on behalf of the Subcontractor or directed or requested
by the Subcontractor related to the performance of the Works.

In order to process and receive the rest payment under the Contract, Subcontractor certifies that all
claims which Subcontractor has against the Contractor or Owner and its affiliates related to the
performance of the WORK have been presented to the Contractor or Owner and its affiliates and
resolved, and the total amount due the Subcontractor in full and final settlement of all outstanding
amounts claimed by the Subcontractor related to the performance of the Works is Zero Saudi Arabia
Riyal.

The Subcontractor hereby unconditionally and irrevocably releases, for itself and its respective
successors, assigns, representatives and all others claiming through it, the Contractor or Owner and
its affiliates from any and all obligations, liabilities, claims, demands, damages, actions, causes of
action, losses, expenses, proceedings and claims for relief of every kind and nature, whether existing
in law or in equity, whether direct or indirect, known or unknown, existing, claimed to exist or which
can ever hereafter arise, in respect of events or circumstances existing or having occurred on or prior
to the date of this AFFIDAVIT AND FINAL RELEASE AND WAIVER OF LIENS. The Subcontractor
waives any other claims that it may have against the Contractor or Owner and its affiliates for any and
all sums due or claimed under the Contract including additional compensation related to the
performance of the WORK.

The Subcontractor further agrees to protect, defend and indemnify and save the Contractor or Owner
and its affiliates, its clients, directors, partners and Clients of the Facilities, harmless from any and all
claims from suppliers, service providers, vendors, engineers, labourers, and all other parties engaged
by or requested or directed to perform work by the Subcontractor for the Works agreed under the
contract.

For and on behalf of

The Subcontractor: …………………

Seal:

Name/Designation/ID No. of Authorized representative: …………….

Signature: …………….
LARSEN & TOUBRO
Larsen & ToubroSAUDI
LTD ARABIA LLC
Renewable
Renewable BU Business
Sudair Solar PV IPP Project
Project QEHS Manual Annexure 4 Page 1 of 8

EHS CODE OF PRACTICES FOR SUBCONTRACTORS

Purpose of this document

This document sets out the Occupational Health,Safety, Environment & Secuerity management expectations
from sub contractors/vendors/suppliers to follow engaged by L&T. The purpose is to ensure that L&T Contractors
perform work on the site without posing a threat to the safety of the workforce and ensure that they take all
necessary measures to execute their job safely while considering environmental protection. This HSSE
performance would be a prime consideration in the Contractor administration and selection process.

Contractors engaged by L&T to execute any job/task shall follow the guidelines below:

▪ Contractors are required to produce a construction Method Statement for each of their activities
critical to HSSE. The Site-in-charge and/or nominated person is expected to review the Method
Statements and ensure it is circulated to the concerned site engineers, personnel and the contractor
performing the activities.

▪ In the event of the L&T Project incharge or his nominee deems the Contractor’s HSSE plan / Method
Statement unacceptable, the contractor is required to review the gaps and make the necessary
modifications in the Method Statement by determining and adapting appropriate controls to ensure no
harm to people, equipement of the enviroment on the project.

The contractors are required to follow the guidelines provided to them along with the Work Order. A sign off
copy for acceptance shall be submitted by the contractors to the L&T project management team prior to start of
any site activities by them

Reference

OHSAS 18001: 2007-ISO-45001, IS0-14001:2015 , L&T HSSE management system, Client, lenders, local legal
and other International Requirements.

Responsibility

All contractors/ vendors shall follow the L&T Project HSSE related plans and processes including related legal
laws and client’s requirements without deviation. A copy of the project specific plans will be provided to all
sub-contractors prior to start of their activity. Where applicable, the project specific HSE plans detailed below
shall be referred and adhered to, by the sub-contractors working with L&T.

Sensitivity: LNT Construction Internal Use


LARSEN & TOUBRO SAUDI ARABIA LLC
Larsen & Toubro LTD
Renewable
Renewable BUBusiness
Sudair Solar PV IPP Project
Project QEHS Manual Annexure 4 Page 2 of 8

Sr. Responsibility
Description
No. L&T Contractor Remarks (Excerpts)
Sub-Contractor/Supplier /Vendor shall follow all L&T
1. L&T HSSE Management system √ plans approved by Client.

Special Notes: Suppliers and Vendors: Night journey
2. Client and lenders requirements √ √ not allowed. They must reach at project site office in
3. Local legal requirements √ √ daytime and leave from site daytime. In special cases
√ √ where night journey is required, they must submit
4. HSSE International standards Journey management plan as per L&T requirement
and to follow strictly.

5. Emergency Preparedness and √ √ Sub-Contractor/Supplier /Vendor shall to


Response Plan
accommodate their work force at the approved
6. Labour and accommodation √ √
Management plan camp or they have to comply with the same
7. Worker grievance management √ √
accommodation requiremnts within the outside
accommodation facilites they will use and a monthly
8. Traffic / Logistic Management √
with Journey management plan √ inspection will be conducted to ensure the same.
Subcontractors have full responsibility to provide all
9. COVID-19 Procdure and √ √ the required resources to implement pandemic
management plan
response plan as well as Emergency response plan.
CESMP Excerpt (Mandatory Points)
Subcontractors shall provied one prayer room
within their mobilization (Size of prayer room must
accommodate required persons at a time) with Wall
Prayer Room for employee and clock, Prayer rugs, floor carpet, room freshener
1 √ √
worker One unit must be dedicated to ablution consisting of
5 urinals and 5 sinks.
Proper cleaning and housekeeping must be
maintained daily.
Resting area, fire extinguisher, waste bin, portable
Rest Room/Shade and drinking toilet i and potable cool drinking water facility.
water facility every 100m . Rest √ Minimum 1 in every 100 m, 20 persons can be
shed(constructed at site ) size accomodated at any point of time . If required
2 √
should not be less than 15 feet /12 according to manpower , no. of rest sheds to be
feet .For container standard size increased .Water with Covered Bottle/Packaged
applicable Drinking Water/Chilled water Storage with a
minimum of 6 litres/person/day

Sensitivity: LNT Construction Internal Use


LARSEN & TOUBRO
Larsen & ToubroSAUDI
LTD ARABIA LLC
Renewable
Renewable BUBusiness
Sudair Solar PV IPP Project
Project QEHS Manual Annexure 4 Page 3 of 8

Proper cleaning and housekeeping must be


maintained daily.

Smoking Booth shall be provided with Ash


Smoking Booth next to the rest
tray/Signages/covered shed/Fire extinguishers
3 area and within the office √
Proper cleaning and housekeeping have to be
facilities
maintained on a daily basis.
Sufficient space for eating in hygienic condition
Only the disposable / one-use items are allowed for
√ eating and drinking ( paper plates, paper cups,
plastic spoons, and forks...etc.)
4 Canteen . √
Proper cleaning and housekeeping have to be
maintained on a daily basis.
Eating shall not be allowed on site, except in the
designated mess hall
Chemical toilet (Portable) 1 to 40 ratio, with
maintenance contract.
5 Urinal/Toilet per 40 persons √ √ All portable units have to be allocated according to
the manpower distribution and intensity of work.
Proper cleaning and housekeeping have to be
maintained on a daily basis.
√ Recreational facility in case of accommodation
6 Recreational Facility √
facility provided
Multi Coloured Waste Bins for different types of
7 Dedicated Waste Storage area √ √ waste, Hazardous waste storage facility developed.
Segregation of Waste required
8 Waste Management and Disposal √ √ Authorised waste vendor tie up for disposal of waste
No concrete waste at site, removal of waste to
9 Concrete Waste Spillage √ √ washout area and disposal through authorised
vendor
Spill Kit, Sufficient fire Extinguishers, Shade
arrangement for DG with fencing and danger/NO
10
Secondary containment for DG
√ √ smoking signage and DG to be placed on a concrete
Set and other Oil storage area base and surrounding by bund walls with plaster
from inside and outside and filled with sand to
contain any leakage.
septic tank must be placed on a concrete base and
surrounding by brick walls with plaster from inside
and outside and filled with sand to contain any
leakage.
Underground septic tank shall not placed under the
11 Septic tank √
√ direct sunlight and to be covered.
Display the warning and NO smoking signage.
Ensure a proper installation of all the piping system
and to be tested prior the first use and ensure there
is no any leakage.

Sensitivity: LNT Construction Internal Use


LARSEN & TOUBRO
Larsen & ToubroSAUDI
LTD ARABIA LLC
Renewable
Renewable BU Business
Sudair Solar PV IPP Project
Project QEHS Manual Annexure 4 Page 4 of 8

Occupational Health Management


First Aid Center with certified first aider/paramedic
To establish one First aid centre
person will be provided by L&T ,however, all
1 with established facility as per √
subcontractors shall provide the first aid material
rules
within their mobilization, Vehicles…etc.
One Ambulance Van with driver ( With all required
2 Provision of Ambulance √
medical facilities will be provided by L&T
Pre employment medical check-up mandatory prior
deploy any manpower to the site.
COVID-19 negative test 72 hours before, by the Aug
3 Pre-Medical Fitness and Induction √
√ 1st all manpower shall provide the evidence of
receiving the 2 dose of vaccination approved by KSA
government
Subcontractors to arrange all the Face Masks,
Santitisers, disinfectants, thermal screening devices
for their manpower with sufficient Stock in place. All
the Health departmetn guidelines and L&T
4 COVID-19 Health Precautions √ √ Pandemic response plan to be followed time to time
without any question.
The subcontractor has to have a valid contract with
the nearest hospital which provides COVID-19
medical care as well as healthcare for all employees.
Safety Management excerpt
HSSE Signages Minimum 400
signgae each block . Size 4 feet x 3 Each subcontractor shall adher to disply all the
1 feet minimum for signage display √ √ required HSSE signage within their area and scope of
and 6 x 4 feet for Dos and Don’t work.
instuctions
All persons on site shall be provided with and
mandatorily wear hardhat with chinstrap, safety
shoes, coveralls, clear safety glasses (indoor work),
dark safety glasses (outdoor work) and gloves.
Persons without said PPE shall not be permitted to
2 Mandatory PPEs √ √ work and shall be summarily expelled from site.
Additional PPE may be needed, based on applicable
risk assessments, and must be provided if required
by the CONTRACTOR’s EHS Manager..
All the COVID-19 related PPEs must be adhered
during the epidemic period.
Adequate firefighting equipment shall be made
√ available at the workplace and shall be maintained
and used by competent fire wardens.
3 Fire protection material √
Near to any kind of Hot Work and Electrical
appliances.
Near to all DG areas and all fuel storage areas.

Sensitivity: LNT Construction Internal Use


LARSEN & TOUBRO SAUDI ARABIA LLC
Larsen & Toubro LTD
Renewable
Renewable BU Business
Sudair Solar PV IPP Project
Project QEHS Manual Annexure 4 Page 5 of 8

Minimum ratio of 1 to 40 of safety supervision shall


√ be immplmented,however, all site job activities have
4 HSSE Supervision √
to be supervised by the HSE team all the time, even
when fewer labors are assigned to one task.
All excavated pits and trenches deeper than 1.5 m
shall be sloped, benched or shored to prevent
collapse. All excavated pits and trenches deeper
than 1.2 m shall be provided with safe ingress/egress
arrangements, not further than 15 m apart. All
5 Excavation Barricading √ √ excavated pits and trenches, regardless of depth,
shall be barricaded and signposted. If the pit or
trench is adjacent to live traffic, barricades and
signage shall be of the type approved by the road
controlling authorities and shall be placed in
compliance with the associated Traffic Diversion
Plan.
All persons working at a height of 1.8 m or higher
shall mandatorily wear a full body harness with
shock absorbing lanyards, anchored to a firm
anchoring point that is capable of bearing fall arrest
6 Work at height √ √ loads.
Approved Scaffolding materials to be used by
certified scaffolder
All teams who will be involved in working at height
activities must attend the HSE related training prior
to executing and activities.
7 Rebar Protection √ √ Mushroom cap provision on rebar caps
Industrial Standard Distribution Board with
Industrial Plug Socket, Male Female connector, 30
mA RCCB/ELCB/RCBO
All mobile plant and equipment, power tools, etc.,
shall be well maintained, fit for use, and have their
Construction Power and
8 moving parts adequately guarded. All mobile plant
distribution
√ √ and equipment shall be no older than 10 years and
shall be insured and certified by an approved third
party. Mobile plant and equipment shall not be
permitted on site, without having been inspected
and cleared by the CONTRACTOR’s Safety Engineer.
Third Party/ Competent person approved. All
related documents in place.
√ √ All lifting gear and accessories shall be certified by
Scaffolding, Cranes, Lifting an approved third party. No lifting operations shall
9
equipment etc commence, without there having been inspected
and cleared by the CONTRACTOR’s Safety Engineer.
Mobile plant and equipment operators shall hold a
valid KSA driving license and a third party certificate

Sensitivity: LNT Construction Internal Use


LARSEN & TOUBRO SAUDI ARABIA LLC
Larsen & Toubro LTD
Renewable
Renewable BU Business
Sudair Solar PV IPP Project
Project QEHS Manual Annexure 4 Page 6 of 8

for the type of plant/equipment they are operating.


No operator shall be allowed on site without said
documents.
All scaffoldings shall be capable of bearing
anticipated loads and shall be erected by competent
scaffolders and inspected by competent scaffolding
inspectors prior to use and, at a minimum, on a
weekly basis thereafter.
Good housekeeping shall be maintained at all times.
Debris, scrap and other materials shall be
10 Housekeeping of work area √ √ periodically cleared from the workplace and at the
time of closing of work every day. Material/debris
shall not be thrown from height.
Supplier /vendor will follow international rules for
Supplier /Vendor other than
11 √ logistic operation ( from port or factories to site and
construction execution work
loading and unloading operation etc.
Traffic Safety Management
Vehicles are Fit for purpose and not older than 5
years with Seat belts, Fire extinguishers, First Aid
Boxes, and disinfectant.
Transportation of Staffs/Labour Night driving not allowed in any case.
1
to site and back to camp in √ √ Journey permit will be applied for all types of
Covered Vehicle with proper vehicles.
sitting arrangement Daily checklist has to be completed by each vehicle
driver after inspection.
A maintenance log and record have to be provided
for each vehicle.
Mobile plant and equipment operators shall hold a
Defensive driving training for
valid KSA driving license and a third party certificate
drivers ( by govt approved
2
agencies and or as per country √ √ for the type of plant/equipment they are operating.
No operator shall be allowed on site without said
specific rules)
documents.
No cell phone usage by drivers √ √ Mobile phones are strictly prohibited during driving
3
during any type of journey . or operating any equipment / machinery.
√ √ Contractor has to provide all his vehilce equipped
4 IVMS /GPS fitted vehicle
with IVMS/GPS Screen or same
Maybe added as per the client and site requirement
5 Others (If required) √ √ For SUDAIR Project : All drivers must be gone
through approved agency defensive driving training

Sensitivity: LNT Construction Internal Use


LARSEN & TOUBRO SAUDI ARABIA LLC
Larsen & Toubro LTD
Renewable
Renewable BU Business
Sudair Solar PV IPP Project
Project QEHS Manual Annexure 4 Page 7 of 8

L &T Subcontractor HSSE performance evaluation

The L&T Project HSSE Manager will set the score card system for a monthly evaluation of all subcontractors
involved in the project. Every sub- contractor associated in the project will be rated on above requirements
and evaluation results will be assessed as below:

Good score /Appreciation Above 80%

Behind target, action plan needs to be implemented / submitted Between 60% to 80%

Score below expectations to be immediately corrected by project HSE Below 60%


management / action over sub – contractors project team or stop work or
replacement

Note: - Subcontractors who will fall in the yellow category five times in the red category three times
shall be considered for termination of contract.

Disciplinary Actions:

The following set of matrices provides a template for the disciplinary action to be followed on site:

▪ Action against HSE violations for Subcontractors

If a Contractor or their employee(s) are found violating HSSE requirements in their execution methodology the
contractor & /or its employee(s) will be restricted from site entry as per the following guidelines. If violations
are observed during the course of work at site, the penalty clauses will be applicable as follows:
• L&T will issue a Safety Violation Memo to the concerned contractor officially through DC.
• The Contracts Department will forward the amount of penalty to Account department for deduction in
the running bill of the respective contractor.
• The Accounts Department will inform all contractors on a monthly basis.
The penalty amount will be utilized for the L & t Contractors welfare purpose like Safety Awards,imparting Safety
Training & Workshop etc.
Note: - Please find Appendix: -1 “Penalty scheme” for the penalty amount.

Sensitivity: LNT Construction Internal Use


LARSEN & TOUBRO SAUDI ARABIA LLC
Renewable Business
Sudair Solar PV IPP Project
Project QEHS Manual Annexure 4 Page 8 of 8

DECLARATION

I have read all the contents given above / I was explained all the contents given above regarding safety during
construction works and I understand the requirement. We shall strictly adhere to all norms in all our areas of
working. We understand Safety Dept. insistence on compliance with the safety norms is mandatory to me / us.

For M/s Larsen & Toubro Saudi Arabia LLC For

For
For
For Larsen&&
Larsen
Larsen &Toubro
Toubro
Toubro Ltd
LTD LTD

Bharathi Kumar S
Project Director
Abdul
Danish Hanif
Sudair Khan
PV Solar
Ahmed IPP project
Project
Project
Danish Director
Director
Ahmed
1.4
Ar GWac
Rass 2 PVAl Kahfah
Solar
Project Director Solar PV Project
IPP Project
Ar Rass2 PV Solar IPP Project

For Larsen & Toubro Saudi Arabia LLC

Sensitivity: LNT Construction Internal Use


HSSE Department

Appendix 1
L&T HSSE Penalty Scheme
SUDAIR PROJECT - KSA
‫الالئحة الجزاءات السالمة و الصحة المهنية‬

Item Severity – ‫الخطورة‬ Penalty Value SAR - ‫قيمة الجزاء بالريال السعودي‬
no Violation - ‫المخالفة‬ High – Med – Low
First - ‫األولى‬ Second - ‫الثانية‬ Third - ‫الثالثة‬ Last – ‫األخيرة‬
‫شديد – متوسط – منخفض‬
1- Personal Protective Equipment – ‫مهمات الوقاية الشخصية‬
Applied on individuals and Companies – ‫تطبق على األفراد و الشركات داخل الموقع‬
# Violation - ‫المخالفة‬ Severity – ‫الخطورة‬ First - ‫األولى‬ Second - ‫الثانية‬ Third - ‫الثالثة‬ Last - ‫األخيرة‬
200
1.1 Not using safety helmet – ‫عدم إستخدام خوذة األمان‬ High – ‫شديد‬ 50 100 Termination – ‫إستبعاد‬
Warning - ‫إنذار‬
200
1.2 Not using safety shoes – ‫عدم إستخدام حذاء األمان‬ High – ‫شديد‬ 50 100 Termination – ‫إستبعاد‬
Warning - ‫إنذار‬
Using unapproved safety shoes or defected ‫استخدام‬ 200
1.3 High – ‫شديد‬ 50 100 Termination – ‫إستبعاد‬
‫حذاء امن غير صالح او تالف و غير معتمد‬ Warning - ‫إنذار‬
Med – ‫متوسط‬ 200
1.4 Not using eye safety glasses – ‫عدم إستخدام نظارة الوقاية‬ 50 100 Termination – ‫إستبعاد‬
Warning - ‫إنذار‬
Med – ‫متوسط‬ 200
1.5 Not using Dust mask – ‫عدم إستخدام كمامة االتربة‬ 50 100 Termination – ‫إستبعاد‬
Warning - ‫إنذار‬
Med – ‫متوسط‬ 200
1.6 Not using reflective vest – ‫عدم إستخدام السترة العاكسه‬ 50 100 Termination – ‫إستبعاد‬
Warning - ‫إنذار‬
Med – ‫متوسط‬ 200
1.7 Not using ear protection – ‫عدم إستخدام حماية االذن‬ 50 100 Termination – ‫إستبعاد‬
Warning - ‫إنذار‬
Not using safety Harness during working at heights 500
1.8 High – ‫شديد‬ ---------- ---------- ----------
– ‫عدم إستخدام حزام األمان‬ Termination - ‫إستبعاد‬
Using unapproved or defected harness 300 ----------
1.9 High - ‫شديد‬ Termination - ‫إستبعاد‬ ----------
‫إستخدام حزام أمان تالف أو غير معتمد‬ Warning - ‫إنذار‬
Using unapproved or defected harness accessories 300
1.10 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫إستخدام مرفقات حزام غير معتمدة أو غير أمنة‬ Warning - ‫إنذار‬
Not using grinding and cutting face shield 300
1.11 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫عدم إستخدام واقى الوجه الخاص بالقطع و التجليخ‬ Warning - ‫إنذار‬
300
1.12 Not using the welding mask – ‫عدم إستخدام وش اللحام‬ High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
Warning - ‫إنذار‬
Not using welding body protection 400
1.13 High – ‫شديد‬ 300 Termination - ‫إستبعاد‬ ----------
‫عدم إستخدام مهمات وقاية الجسم أثناء اللحام‬ Warning - ‫إنذار‬
Not using the required testing and commissioning PPE ----------
500
1.14 ‫عدم إستخدام مهمات الوقاية الخاصة باعمل االختبارات و التشغيل الكهربائى‬ High – ‫شديد‬ Termination - ‫إستبعاد‬ ----------
Warning - ‫إنذار‬
‫للمحطة‬

SUDAIR PROJECT-KSA HSSE Department rev-00- page 1


HSSE Department

2- Induction and Specific Training – ‫التدريب‬


Applied on individuals and Companies – ‫تطبق على األفراد و الشركات داخل الموقع‬
# Violation - ‫المخالفة‬ Severity – ‫الخطورة‬ First - ‫األولى‬ Second - ‫الثانية‬ Third - ‫الثالثة‬ Last - ‫األخيرة‬
Working onsite without attending the safety induction 600
2.1 High – ‫شديد‬ 300 Termination - ‫إستبعاد‬ ----------
‫العمل داخل الموقع بدون حضور محاضرة التلقين اإلبتدائى‬ Warning - ‫إنذار‬
Working at height without attending the training course 500
2.2 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫العمل على إرتفاعات بدون حضور الدورة التدريبية الالزمة‬ Warning - ‫إنذار‬
Commence any electrical, testing and commissioning
1000
2.3 activities without attending the training course High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
Warning - ‫إنذار‬
‫العمل بالكهرباء بدون حضور الدورة التدريبية الالزمة‬
Commence any confined space related activities without
1000
2.4 trained and certified team High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
Warning - ‫إنذار‬
‫البدأ في أي أنشطة متعلقة باألماكن المحصورة بدون فريق مدرب ومعتمد‬
Commence any scaffolding related activities without
500
2.5 trained and certified team High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
Warning - ‫إنذار‬
‫البدأ في أي أنشطة متعلقة بالسقاالت بدون فريق مدرب ومعتمد‬
Operating any heavy equipment without trained certified/
1000
2.6 licensed operator and flagman Med – ‫متوسط‬ 500 Termination - ‫إستبعاد‬ ----------
Warning - ‫إنذار‬
‫تشغيل أي معدات ثقيلة بدون مشغل و موجه مدرب ومعتمد‬
Performing any lifting related activities without trained
1000
2.7 certified rigger Med – ‫متوسط‬ 500 Termination - ‫إستبعاد‬ ----------
Warning - ‫إنذار‬
‫القيام بأي أنشطة متعلقة بالرفع بدون عامل مناور معتمد‬
Commence any site activities without conducted related
2.8 TBT Low – ‫منخفض‬ 100 200 300 400
‫بدء أي أنشطة الموقع دون إجراء اجتماع التعريفي بالمخاطر ذات الصلة‬
3- Safety Tools – ‫أدوات السالمة‬
Applied on individuals and Companies – ‫تطبق على األفراد و الشركات داخل الموقع‬
# Violation - ‫المخالفة‬ Severity – ‫الخطورة‬ First - ‫األولى‬ Second - ‫الثانية‬ Third - ‫الثالثة‬ Last - ‫األخيرة‬
Lack of Firefighting equipment
3.1 High – ‫شديد‬ 1000 2000 3000 4000
‫عدم توفير معدات مكافحة الحريق‬
Working onsite with defected or empty Fire Extinguisher 1000
3.2 High – ‫شديد‬ 500 Termination - ‫إستبعاد‬ ----------
‫العمل داخل الموقع بإستخدام طفاية تالفة أو فارغة‬ Warning - ‫إنذار‬
Commence any hot work activities without fire protection
1000
3.3 equipment in place High – ‫شديد‬ 500 Termination - ‫إستبعاد‬ ----------
Warning - ‫إنذار‬
‫ابدأ أي أنشطة عمل على الساخن بدون معدات الحماية من الحريق‬
Lack of First Aid equipment
3.4 High – ‫شديد‬ 1000 2000 3000 4000
‫عدم توفير معدات إسعافات االولية‬
Lack of safety signages
3.5 Low – ‫منخفض‬ 300 400 500 600
‫عدم توفير الفتات السالمة‬
Lack of LOTO material 2000
3.6 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫عدم توفير ادوات اغالق مصادر الطاقة‬ Warning - ‫إنذار‬

SUDAIR PROJECT-KSA HSSE Department rev-00- page 2


HSSE Department

Working onsite without using electrical protection 2000


3.7 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫العمل داخل الموقع بدون استخدام ادوات الحماية اثناء العمل مع الكهرباء‬ Warning - ‫إنذار‬
Working onsite without using the Arc flash protection 2000
3.8 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫العمل داخل الموقع بدون استخدام ادوات الحماية من القوس الكهربائى‬ Warning - ‫إنذار‬
lack of hard the required COVID-19 material 1000
3.9 High – ‫شديد‬ 500 Termination - ‫إستبعاد‬ ----------
‫عدم توفير ادوات التعقيم الخاصة بفيرس كرونا‬ Warning - ‫إنذار‬
lack of hard barricading for all excavated areas and
2000
3.10 trenches High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
Warning - ‫إنذار‬
‫عدم وجود حواجز صلبة لجميع المناطق المحفورة والخنادق‬
Lack of welfare facilities as per the approved ratio
3.11 Med – ‫متوسط‬ 1000 2000 3000 4000
‫عدم وجود مرافق رعاية صحية حسب النسبة المعتمدة‬
Using unapproved or defective scaffolding material 1000
3.12 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫استخدام مواد سقاالت غير معتمدة أو معيبة‬ Warning - ‫إنذار‬
Lack of the waste management resources
3.13 Med – ‫متوسط‬ 1000 2000 3000 4000
‫نقص موارد إدارة النفايات‬
4-Unsafe Acts – ‫السلوك الغير أمن‬
Applied on individuals and Companies – ‫تطبق على األفراد و الشركات داخل الموقع‬
# Violation - ‫المخالفة‬ Severity – ‫الخطورة‬ First - ‫األولى‬ Second - ‫الثانية‬ Third - ‫الثالثة‬ Last - ‫األخيرة‬
Working onsite without filling a Risk Assessment form 1000
4.1 High – ‫شديد‬ 500 Termination - ‫إستبعاد‬ ----------
‫العمل داخل الموقع بدون كتابة نموذج تقييم المخاطر‬ Warning - ‫إنذار‬
Failure to provide staff induction and/or training 3000
4.2 High – ‫شديد‬ 1000 2000 Termination - ‫إستبعاد‬
‫ أو التدريب للموظفين‬/ ‫عدم توفير التوجيه و‬ Warning - ‫إنذار‬
Working onsite without any safety supervision 2000
4.3 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫العمل داخل الموقع بدون تواجد مسؤل السالمة‬ Warning - ‫إنذار‬
Performing high risk activities without issuing the related
PTW and prior notification to L&T HSE 1000
4.4 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫القيام بأعمال شديدة الخطورة دون إصدار تصريح العمل ذي الصلة و بدون‬ Warning - ‫إنذار‬
L&T ‫اإلخطار المسبق إدارة السالمة لشركة‬
1000
4.5 Lone working at height – ‫العمل منفردا ً على إرتفاعات‬ High ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
Warning - ‫إنذار‬
1000
4.6 Lone working in electricity – ‫العمل منفردا ً بالكهرباء‬ High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
Warning - ‫إنذار‬
Working onsite without safety I.D 500
4.7 Med – ‫متوسط‬ 100 200 Termination - ‫إستبعاد‬
‫العمل داخل الموقع بدون هوية السالمة و الصحة المهنية‬ Warning - ‫إنذار‬
Using false data within safety I.D 500
4.8 High – ‫شديد‬ 100 200 Termination - ‫إستبعاد‬
‫إستخدام هوية سالمة بمعلومات غير صحيحة‬ Warning - ‫إنذار‬
Smoking outside the designated areas 1000
4.9 High – ‫شديد‬ 300 500 Termination - ‫إستبعاد‬
‫التدخين خارج األماكن المخصصة لذلك‬ Warning - ‫إنذار‬
Making a fire inside the site for any purpose ‫القيام باشعال نار‬ 1000
4.10 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫داخل الموقع تحت اى سبب‬ Warning - ‫إنذار‬
1000
4.11 Using unsafe scaffold – ‫إستخدام سقالة غير أمنة‬ High – ‫شديد‬ 500 Termination - ‫إستبعاد‬ ----------
Warning - ‫إنذار‬

SUDAIR PROJECT-KSA HSSE Department rev-00- page 3


HSSE Department

Entering a confined space without informing HSE team 1000


4.12 High – ‫شديد‬ Termination - ‫إستبعاد‬ ---------- ----------
‫دخول منطقة مغلقة بدون إبالغ فريق السالمة بالموقع‬ Warning - ‫إنذار‬
Using unsecured power connection 500
4.13 High – ‫شديد‬ 300 Termination – ‫إستبعاد‬ ----------
‫إستخدام وصالت كهرباء غير أمنة‬ Warning - ‫إنذار‬
Allowing under 18 of age workers onsite 1000
4.14 High – ‫شديد‬ ---------- ---------- ----------
‫ بالعمل داخل الموقع‬18 ‫السماح لمن دون سن‬ Termination – ‫إستبعاد‬
Performing verbal or physical assault on HSE advisors 1000
4.15 High – ‫شديد‬ ---------- ---------- ----------
‫التعدى لفظيا ً أو جسديا ً على مسئولى السالمة بالموقع‬ Termination – ‫إستبعاد‬
Using inappropriate offensive language onsite 1500
4.16 High – ‫شديد‬ 500 1000 Termination - ‫إستبعاد‬
‫إستخدام ألفاظ غير الئقة بموقع العمل‬ Warning – ‫إنذار‬
Involving into a physical fight onsite 1000
4.17 High – ‫شديد‬ ---------- ---------- ----------
‫الدخول فى مشاجرة بدنية داخل الموقع‬ Termination – ‫إستبعاد‬
Left the working area without proper housekeeping 1500
4.18 High – ‫شديد‬ 300 600 Termination - ‫إستبعاد‬
‫ترك مكان العمل دون ترتيب و نظافة جيدة‬ Warning – ‫إنذار‬
2000
4.19 Positive random drug sampling – ‫ثبوت تعاطى المخدرات‬ High – ‫شديد‬ ---------- ---------- ----------
Termination - ‫إستبعاد‬
Hiding any informing about any positive COVID cases –
All subcontractors have to report immediately any 2000
4.20 High – ‫شديد‬ ---------- ---------- ----------
positive COVID cases Termination - ‫إستبعاد‬
‫عدم ابالغ الفورى لشركة الرسون بخصوص اي حالة كورنا ايجابية‬
Failure to comply with regulatory requirements imposed
by KSA authorities 2000
4.21 High – ‫شديد‬ ---------- ---------- ----------
‫عدم االمتثال للمتطلبات التنظيمية التي تفرضها السلطات السعودية‬ Termination - ‫إستبعاد‬

Failure to correct an unsafe act/condition 1000


4.22 High – ‫شديد‬ 500 Termination – ‫إستبعاد‬ ----------
‫ حالة غير آمنة‬/ ‫عدم تصحيح تصرف‬ Warning – ‫إنذار‬
Failure to comply with the L&T near
miss/incident/accident notification, investigation and
5000
4.23 reporting procedures High – ‫شديد‬ ---------- ---------- ----------
Termination - ‫إستبعاد‬
/ ‫ حادث‬/ ‫عدم االمتثال إلجراءات إخطار المالك عن قرب وقوع حادث‬
‫حادث والتحقيق واإلبالغ‬
Failure to comply with the health and safety management
system, lenders, client and legal requirements 1000 2000
4.24 High – ‫شديد‬ ---------- ----------
‫ والعميل‬، ‫ والمقرضين‬، ‫عدم االمتثال لنظام إدارة الصحة والسالمة‬ Warning – ‫إنذار‬ Termination - ‫إستبعاد‬
‫والمتطلبات القانونية‬

Failure to appoint competent EHS Staff that meet with


CONTRACTOR approval 5000
4.25 High – ‫شديد‬ ---------- ---------- ----------
‫عدم تعيين موظفي البيئة والصحة والسالمة المؤهلين الذين يجتمعون بموافقة‬ Termination - ‫إستبعاد‬
‫المقاول‬

SUDAIR PROJECT-KSA HSSE Department rev-00- page 4


HSSE Department

5-Equipment and vehicles – ‫القيادة و السيارات‬


Applied on individuals and Companies – ‫تطبق على األفراد و الشركات داخل الموقع‬
# Violation - ‫المخالفة‬ Severity – ‫الخطورة‬ First - ‫األولى‬ Second - ‫الثانية‬ Third - ‫الثالثة‬ Last - ‫األخيرة‬
Using unapproved and unsafe vehicle or equipment onsite 400
5.1 High – ‫شديد‬ 300 Termination - ‫إستبعاد‬ ----------
‫إستخدام سيارة غير معتمدة أو غير مطابقة لمواصفات السالمة بالموقع‬ Warning – ‫إنذار‬
Not using safety car seatbelt (front & rear seats) 400
5.2 High – ‫شديد‬ 200 Termination - ‫إستبعاد‬ ----------
)‫عدم إستخدام حزام األمان (مقاعد أمامية و خلفية‬ Warning – ‫إنذار‬
Car or equipment are Missing the fire extinguisher – ‫عدم‬
5.3 High – ‫شديد‬ 100 200 300 400
‫وجود طفاية حريق بالسيارة‬
Car or equipment are Missing the aid box – ‫عدم وجود‬
5.4 High – ‫شديد‬ 100 200 300 400
‫صندوق إسعافات بالسيارة‬
5.5 Missing reflective triangle – ‫عدم وجود المثلث العاكس‬ Med – ‫متوسط‬ 100 200 300 400
1000
5.6 Using mobile while driving – ‫إستخدام التليفون أثناء القيادة‬ High – ‫شديد‬ 500 Termination - ‫إستبعاد‬ ----------
Warning – ‫إنذار‬
Using the heavy equipment to carry the labors ‫استخدام‬ 1000
5.7 High – ‫شديد‬ 500 Termination - ‫إستبعاد‬ ----------
‫المعدات الثقيلة لنقل االفراد داخل الموقع‬ Warning – ‫إنذار‬
Using vehicle without COVID-9 items 1200
5.8 High – ‫شديد‬ 300 600 Termination - ‫إستبعاد‬
‫استخدام مركبة بدون وسائل الوقاية من الكورنا‬ Warning – ‫إنذار‬
Not adhering to the social distancing and face mask
during using the transportation vehicle 1000
5.9 High – ‫شديد‬ 500 Termination - ‫إستبعاد‬ ----------
‫عدم االلتزام بقواعد التباعد االجتماعى و كذلك ارتداء الكمامات اثناء‬ Warning – ‫إنذار‬
‫استخدام السيارات‬
Operate any vehicle without been trained and holding the
1000
required license High – ‫شديد‬ 500 Termination - ‫إستبعاد‬ ----------
Warning – ‫إنذار‬
‫تشغيل أي مركبة بدون ان تكون مدرب و تحمل الرخصة المطلوبة‬
Failure to comply with the traffic rules on site and on the
1200
main roads. High – ‫شديد‬ 300 600 Termination - ‫إستبعاد‬
Warning – ‫إنذار‬
‫عدم االلتزام بقواعد المرور في الموقع وعلى الطرق الرئيسية‬

• All violations which never end with termination, the highest last penalty value will be ‫ يتم تطبيق أعلى قيمة جزاء فى حالة التكرار و ذلك بالنسبة لألفراد و‬،‫• للمخالفات التى ال تنتهى باإلستبعاد‬
applied in case of recurrences ‫الشركات‬

L&T HSSE Department – ‫إدارة السالمة و الصحة المهنية‬

SUDAIR PROJECT-KSA HSSE Department rev-00- page 5

You might also like