strategic crude oil storage facilities at mangalore crude oil storage facilities at mangalore tender...

Strategic Crude Oil Storage Facilities at Mangalore

TENDER DOCUMENT

(Document No : 6936-TENDER_DOC-6936-000-67-41-CQ-T-7200)

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Table of ContentsDocument Number Rev. Document Title Page

Number6936-TENDER_DOC-6936-000-67-41-CQ-T-7200

0 TENDER DOCUMENT 3

6936-000-67-41-CQ-T-7200

0 TENDER FOR SITE INVESTIGATION 406

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cover page (Commercial)

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MASTER INDEX

(BIDDING DOCUMENT NO.: AK/6936-000-CQ-TN-7200/1000) Volume – I

S. NO. DESCRIPTION No. of Pages

1. COVER PAGE 01

2. NOTICE INVITING BID 08

3. CUT OUT FOR DOCUMENTS TO BE SUBMITTED IN PHYSICAL FORM

03

4. INSTRUCTIONS TO BIDDERS (ITB) 19

5. PROPOSAL FORMS 24

6. E-TENDERING METHODOLOGY (ANNEXURE-I TO ITB) 03

7. GENERAL CONDITIONS OF CONTRACT (GCC) 158

8. SPECIAL CONDITIONS OF CONTRACT (SCC) 12

9. APPENDIX TO SCC

i. Time Schedule 02

ii. Measurement of Work 03

iii. Integrity Pact 08

iv. Quality Management System 10

v. Spec. For Health, Safety and Environment Management at Construction Site

87

vi. Planning, Scheduling, monitoring & Control System 41

10. COMMERCIAL QUESTIONNAIRE AND CHECK LIST 09

11. PRICE PART ALONGWITH PREAMBLE TO SOR 10

Note : Master Index for Technical Part is attached separately.

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NOTICE INVITING TENDER Page 1 of 8

NOTICE INVITING BID FOR

DRILLING WORKS IN CRUDE STORAGE FACILITIES AT MANGLORE OF M/S ISPRL (BIDDING DOCUMENT NO. AK/6936-000-CQ-TN-7200/1000) (Rev. 1)

(DOMESTIC COMPETITIVE BIDDING) E-Tendering

1.0 INTRODUCTION:

1.1 Indian Strategic Petroleum Reserves Limited (ISPRL) has appointed Engineers India Limited (EIL) as their Consultant for implementation of the Project.

1.2 The work area is ISPRL crude oil storage cavern site at Mangalore, Karnataka in India. The main purpose of the drill holes is to supplement water curtains to provide an artificial water recharge in the rock mass in order to enhance flow patterns and to maintain a high hydraulic potential in the storage cavern vicinity. This water curtain will be vertical and located parallel to the caverns.

Vertical water curtains aims at:

- Avoiding the risk of rock de-saturation around the caverns (specifically between the caverns and the water curtain),

- Avoiding interferences between different units (Unit A and Unit B)

- Enhancing hydrogeological conditions around the storage so as to reach the required Working Pressure at any time, allowing independent operation of individual storage units.

1.3 EIL on Behalf of ISPRL invites e-bid for “Drilling Works” under single stage two Bid System from competent agencies with sound technical and financial capabilities fulfilling the Bidder’s Qualification Criteria (BQC) stated in paragraph 3.0 below. Bids submitted online shall only be considered for processing.

2.0 BRIEF SCOPE OF WORK:

2.1 The main purpose of present drilling works is to supplement existing water curtain to

provide an artificial water recharge in the rock mass in the storage cavern vicinity. The

water curtain will be vertical and located parallel to the main caverns.

Brief Scope of work includes but not limited to the followings:

a) Approximately 20 holes of depth varying between approximately 50 to 160m. b) Drilling of holes. c) Monitoring during drilling d) Deviation Survey e) Casing and cementation f) Grouting/ backfilling g) Completion with slotted pipe and gravel packing for monitoring h) Arrangement for water tests. i) Arrangement for water supply to holes j) Protective cover.

k) Preparation and submission of reports

2.2 The detailed scope of work is specified in the Technical Section of the Bidding Document.

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3.0 BIDDER’S QUALIFICATION CRITERIA:

Bidder shall fulfill the following Bidder’s Qualification Criteria:

3.1 EXPERIENCE CRITERIA

(i) The bidder shall possess experience of having successfully completed, as a sole bidder:

“Drilling and / or coring in rock for a minimum length of 150 m in a single hole of minimum

76mm final diameter and cumulative length of 750m in a single project with either double

tube wire line core drilling rig or rig for destructive drilling with water. The project should

have been completed during the last 7 (seven) years from the due date of submission of

bid.”

(ii) Bidder to confirm following minimum deployment:

Two double tube wire line core drilling rigs or one rig for destructive drilling with water

capable of drilling holes up to a depth of at least 200m.

3.2 FINANCIAL CRITERIA

(i) Annual Turnover:

Annual turnover of the bidder as per the audited annual financial results shall be more than Rs.190.00 Lakh (Rupees One Hundred Ninety Lakh Only) in any one of the immediate preceding three financial years as on the due date of submission of bids.

(ii) Net-Worth:

Net-worth of the bidder as per the immediate preceding year’s audited financial results should be at least Rs. 15.00 Lakh (Rupees Fifteen Lakh only). Net-worth shall be calculated as per the formula given below:

Networth= Paid Up share capital plus (+) Share Application money pending allotment(#) plus (+) Reserves (shall be all reserves created out of the profits and securities premium account but shall not include reserves created out of revaluation of assets, write back of depreciation and amalgamation) minus (-) Accumulated Losses minus (-) Deferred Revenue expenditure to the extent not written off.

(#) Share application money pending allotment will be considered only in respect of share to be allotted.

(iii) Working Capital:

Bidder should have minimum working capital is Rs. 15.00 Lakh (Rupees Fifteen Lakh only) as per the immediate preceding year’s audited financial results.

(iv) Bidder shall not be under liquidation, court receivership or similar proceedings.

3.3 DOCUMENTATION IN SUPPORT OF MEETING BIDDER’S QUALIFICATION CRITERIA:

3.3.1 Bidder shall submit all necessary documentary evidence such as copies of work order(s)/ contract agreement(s) clearly indicating scope of work and value of the contract, completion certificate(s), Complete audited annual financial statements including audit reports, balance sheets, profit & loss account statements and all other notes & schedules etc. for the immediate preceding three financial years, in the first instance itself in support of their fulfilling Bidder’s Qualification Criteria. ISPRL/EIL reserve the right to complete the evaluation based on the details furnished without seeking any additional information.

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3.3.2 All supporting documents furnished by the bidder in support of meeting the experience criteria of BQC shall be:-

Either, duly certified by the statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) where audited accounts are not mandatory as per law

OR

duly notarized by any Notary public in the bidder’s country. In case of notarization, bidder shall also submit an Affidavit in the enclosed format (Annexure-1 to NIB) signed by the authorized signatory of the bidder.

3.3.3 With regards to financial documents, in case Bidder submits original of bound published and audited annual financial statements including balance sheet, profit & loss accounts and all other schedules for the preceding three financial years, the same shall be considered without certification of Statutory Auditor/Notarization of Notary Public.

However, in case the bidder submits either a photo copy of published financial statement or a translated copy of the published financial statements, the same shall be submitted duly certified either by statutory auditor or Notary Public, in original, as per para 3.3.2 above.

3.3.4 Bidder has to compulsorily submit the audited balance sheets and profit and loss account for the immediate three preceding financial years, for evaluation and his qualification with respect to financial criteria.

In case audited annual financial statements including balance sheets and profit and loss account for the immediate preceding financial year is not available for bid closing date up to 30th September, the Bidder has an option to submit the same for the three previous years immediately prior to the last financial year. However, for bid closing date after 30th September, the bidder has to compulsorily submit the audited annual financial statements for the immediate three preceding financial years, for evaluation and his qualification with respect to financial criteria.

3.3.5 Submission of authentic documents is the prime responsibility of the bidder. Wherever ISPRL/EIL has concern or apprehension regarding the authenticity/correctness of any document, ISPRL /EIL reserves the right of obtaining the documents, cross verified from the document issuing authority.

3.3.6 The bidder shall furnish along with his bid, documentary evidence to substantiate his claim for meeting the qualification requirement as specified at para 3.1 above. This documentation shall include but not be limited to the following:

i. Details pertaining to projects completed by bidder for qualification:

a) Name and description of the project.

b) Type of contract, Contract Agreement/ relevant pages of contract.

c) Scope of work

d) List of key equipment deployed (nos. and capacity).

e) Value of Award

f) Completion certificates.

ii. Details pertaining to deployment of equipment by the bidder for qualification:

a) Confirmation for deployment of minimum drilling rigs as outlined in para 3.1 (ii) above.

b) Ownership details/ Commitments letter from supplier.

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c) Type of drilling rigs and year of make.

d) Location of equipment.

3.3.7 In the event of bidder’s failure to meet the above, ISPRL/ EIL reserve the right to complete the evaluation based on the details furnished by the bidder in the first instance along with their bid without seeking any additional information.

3.3.8 Bidders shall submit the required documents for meeting Bidder’s Qualification Criteria (BQC) in a separate booklet in original within 7 (Seven) days from the date of opening of Un-priced Bid in sealed envelope titled “Documentation against Bidder Qualification Criteria for Bidding Document No. AK/6936-000-CQ-TN-7200/1000” with proper index and page numbering. However, bidders are required to upload the scanned copy of all BQC documents on E- Tendering website along with the e-bid.

4.0 SUBMISSION OF BID & VALIDITY

4.1 Bids are required to be submitted only through Govt. of India CPP Portal at https://eprocure.gov.in/eprocure on or before the Bid submission date and time. Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal (URL: https://eprocure.gov.in/eprocure ). No enrolment fee would be charged from the bidders. It may also be noted that the price details are required to be filled & submitted only on the Schedule of Price format downloaded from above e-Tendering website.

4.2 Bidders in their own interest are requested to enroll on Govt. of India CPP portal and upload/submit their bid well in time. In the event of failure in bidder’s connectivity with EIL/CPP Portal during the last few hours, bidder is likely to miss the deadline for bid

submission. Due date extension request due to above reason may not be entertained.

4.3 Physical Bids / Offers or Bids through any other mode shall not be accepted. The Offers submitted through e-tendering system, as above shall only be considered for evaluation

and ordering.

4.4 Bidders to refer e-Tendering Methodology attached as Annexure – I to Instructions to Bidders (ITB) in the Bidding Document. Bidders are requested to get acquainted with the E-Tendering System in advance and obtain/seek clarifications, if any from EIL and/or CPP Portal Helpdesk, whose contact information is provided in the e-Tendering Methodology.

4.5 The following documents in addition to uploading the bid on the Govt. of India CPP Portal shall also be submitted in Original in physical form within 7 (seven) days from the final bid due date subject to the conditions that the scanned copies of the same have been uploaded in e-Tender by the bidder within the due date and time indicated in the e-Tender at the address mentioned in Instruction to Bidders of Bidding Document:

(i) EMD/Bid Security

(ii) Power of Attorney. (iii) Authenticated Document as per Clause no. 3.3.2 above

4.6 Zero Deviation: Bidders in their own interest are required not to take deviations to the

stipulations of Bidding document and submit zero deviation bid.

4.7 Validity of bid shall be 4 (Four) months from the final Bid Due Date.

5.0 Total works shall be awarded to one agency based on total lowest (L1) evaluated price as per the provisions of the Bidding Document.

6.0 Bidder shall not be on Holiday/Negative List of EIL/ ISPRL. Bids/ Price bids shall not be opened of such Bidder who is in Holiday/ Negative List of EIL/ ISPRL.

7.0 EARNEST MONEY DEPOSIT (EMD) / BID SECURITY: Amount shall be as per clause no.9.0 e) as below.

Bidders will be required to submit bid security in the form of demand draft or bank guarantee in favour of ISPRL, New Delhi from any Indian scheduled bank or from any

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Indian branch of an International bank. The bid security shall be in Indian Rupees as per format given under Proposal Form of ITB. ISPRL shall not be liable to pay any bank charges, commission or interest on the amount of bid security.

Bidders are required to submit the EMD (in the prescribed format) in original in the manner prescribed in the Bidding Document in sealed envelope titled “Earnest Money Deposit. However, bidders are required to upload the scanned copy of EMD on E- Tendering website along with the e-bid. If the Bidder is unable to submit EMD in original within the due date & time, then bidder shall submit the original of EMD within 7 (seven) days from the date of un-priced bid opening, provided copy of the same have been uploaded on E-Tendering Website. In case the bidder fails to submit the same in original within 7 (seven) days, then their bid shall be rejected, irrespective of their status/ ranking in tender and notwithstanding the fact that a copy of EMD was earlier uploaded by the bidder.

If the Bank Guarantee towards EMD is not in the required proforma, but acceptable otherwise (considering amount & issuing bank) the Bidder would be asked to resubmit the same in the required proforma. Such Bids would however, be taken up for evaluation.

The bid security shall be valid for two (02) months beyond the validity of the bid as specified in the Bidding Document.

The Earnest Money Deposit/ Bid Security shall be forfeited, if the bidder withdraws his bid during the period of bid validity or submits multiple bids / alternative bids.

Bids without Earnest Money Deposit (EMD) / Bid Security will not be considered and will be summarily rejected.

There will be no waiver of EMD for Public Sector Undertakings of Central / State Government Undertakings or any other bidder.

8.0 TIME FOR COMPLETION: 45 (Forty Five) days from the date of issue of Fax of Acceptance.

9.0 SALIENT FEATURES OF THE BIDDING DOCUMENT ARE AS FOLLOWS:

a) Bidding Document No. : AK/6936-000-CQ-TN-7200/1000

b) Bidding Document on Website : From 03.08.2015 to 24.08.2015

c) Pre-Bid Conference : 1000 Hrs. IST on 10.08.2015 at Engineers India Limited, Sector-16, R&D Complex, Tower-I, 1st Floor Gurgaon.

d) Last date of Receipt of Bidder's Queries for Pre-bid

: 08.08.2015

e) Earnest Money Deposit/ Bid Security

: Rs. 3.00 Lakh (Rupees Three Lakh only)

f) Last Date and time of submission of Bids

: Upto 1200 Hrs. IST on 24.08.2015

g) Opening of Techno-commercial (Unpriced) Bids

: At 1400 Hrs. IST on 24.08.2015

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h) Cost of Bidding Document (Non- Refundable)

: Not Applicable

i) Opening of Priced Bids : On the date & time to be intimated later.

If any of the dates mentioned above happen to be a declared holiday in EIL- Gurgaon, the next working day shall be implied.

10.0 GENERAL

10.1 The complete Bidding Document is available on EIL website: http://tenders.eil.co.in; Central

Public Procurement Portal (CPPP) website: https://eprocure.gov.in/eprocure and

Client’s website: www.isprlindia.com. Bidders can view / download the document from

any one of the websites mentioned above.

Corrigenda/Addenda/ Amendment, if any, shall also be available on the referred web sites. Further, bidder shall give an undertaking on their letter head that the content of the bidding document have not been altered or modified.

10.2 Experience of only the bidding entity shall be considered. A job executed by a bidder for its own plant/projects can not be considered as experience for the purpose of meeting requirement of BQC of the tender. However, jobs executed for Subsidiary/ Fellow subsidiary/ Holding company will be considered as experience for the purpose of meeting BQC subject to submission of tax paid invoice(s) duly certified by Statutory Auditor of the bidder towards payments of statutory tax in support of the job executed for Subsidiary/Fellow subsidiary / Holding company. Such bidders to submit these documents in addition to the documents specified in the Bidding Documents to meet BQC.

10.3 Bidder shall download the Bidding Document in his own name and submit the bid directly. The Bidding Document is non-transferable. Bids submitted by Bidder who have not downloaded the bidding document will be rejected.

10.4 Bids not received by the due date and time shall be rejected and representative of such bidders shall not be allowed to attend the bid opening.

10.5 ISPRL/EIL shall not be responsible for any expense incurred by bidders in connection with the preparation & uploading of their bids, site visit and other expenses incurred during bidding process.

10.6 ISPRL/EIL reserve the right to assess bidder’s capability and capacity to execute the work using in-house information and by taking into account other aspects such as concurrent commitments and past performance etc.

10.7 In case any bidder is found to be involved in cartel formation, his bid will not be considered for evaluation/ placement of order. Such bidder will be debarred from bidding in future.

10.8 Various links such as “Help for Contractor”, “Information about DSC”, “FAQ”, “Resources Required”, “Bidders Manual Kit” etc. are available on home page of http://eprocure.gov.in/eprocure/app facilitating vendors to participate in the bidding process. Bidder are advised to download & utilize the available information/documents under these links for activities like Registration in CPPP, obtaining User ID & Password, uploading & submission of e-bids etc. Bidders are advised in their own interest to carefully go through Instructions for E-tendering and other related document available against various help links so as to ensure that bids are uploaded in E-tendering website well before the closing date and time of bid submission.

10.9 NIC Portal mandates that the bidders are to be registered on the portal before any enquiry can be issued to them. In order to expedite issue of enquiries, the enquiry is being issued through EIL Tender Portal and also being published on Central Public Procurement

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Portal. The enquiry shall be issued to the bidders on the NIC e-Procurement Portal as soon as their registration is completed in the NIC Portal (https://eprocure.gov.in/eprocure/app).

10.10 All those vendors who have still not registered on the NIC Portal are required to register on the same (immediately after issue of enquiry on EIL portal but not later than ten days before the bid due date) for facilitating issue of enquiry to them on the NIC Portal failing which it will not be possible for them to upload their bids. Pursuant to registration, the vendors are also required to login in EIL tender portal and update NIC’s registration details and inform the undersigned regarding the same for the subject enquiry.

10.11 In any case, the enquiry shall be issued on NIC portal to NIC registered vendors about one week before the bid due date. Therefore, all those bidders who have not complied with the above registration requirements will not be issued this enquiry on NIC portal and will not be eligible to bid. Request for extension in due date of submission of bids due to non-registration or delayed registration in NIC portal shall not be entertained.

10.12 The bid has to be necessarily submitted on the NIC Portal and only those bidders who are issued the enquiry through NIC Portal will be eligible to submit their bids. In case a bidder does not register on the NIC Portal and as a consequence, cannot be issued the enquiry through NIC Portal, it shall be deemed that he is not interested in bidding against this enquiry and no further correspondence will be entertained.

10.13 In future, EIL shall be issuing all enquiries through NIC Portal alone and bidders who do not register with NIC Portal may not be able to submit their bids. Therefore, it is in the interest of the bidders that they register on the NIC Portal at the earliest

10.14 Bidders may view the Bid opening through Govt. of India CPP Portal i.e. https://eprocure.gov.in/eprocure or may witness the bid opening in EIL Office, Gurgaon.

10.15 Consortium/Joint bids/ multiple bids / alternative bids shall not be accepted.

10.16 Central Government Public Sector Undertaking/ Enterprises shall be extended purchase preference as per Government of India guidelines as applicable.

10.17 ISPRL/ EIL reserves the right to reject any or all the Bids and to annul the Bidding process at its discretion without assigning any reason whatsoever at any time prior to award of contract, without thereby incurring any liability towards the Bidder.

10.18 For detailed specifications, terms & conditions and other details, refer Bidding Document.

11.0 Contact person: AGM (C&P), Engineers India Limited, Sector-16, R&D Complex, Tower-I, 1st Floor, Gurgaon, India. Telephone: +91-124-3802099, +91-124-3802136, Email: [email protected] / [email protected].

Assistant General Manager (C&P) Engineers India Limited, Gurgaon

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mailto:[email protected]


Annexure-I to IFB

AFFIDAVIT

(TO BE SUBMITTED ON A NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

AFFIDAVIT OF ..................................., S/o D/o _________________, resident of ____________ EMPLOYED AS ____________________ AS.......................... WITH................................................. HAVING OFFICE AT.......................... PIN............................

I, the above named deponent do hereby solemnly affirm and state as under:-

1. That I am the authorized representative and signatory of M/s.......................

2. That the document (s) submitted, as mentioned hereunder, by M/s ..................... alongwith the Bid Document submitted under covering letter no. ......... dated ....... towards Tender No. ........ for.......... (Project) has / have been submitted under my knowledge.

Sr. No. Document Reference No. &Date

Document subject Issuing Authority

3. That the document(s) submitted, as mentioned above, by M/s ...........alongwith the Bid Document for meeting the Bid Qualification Criteria thereunder, vide covering letter no. .... dated ......., towards Tender No. ...... for ................ are authentic, vide covering letter of their originals and have been issued by the issuing authority mentioned above and no part of the document(s) is false, forged or fabricated.

4. That no part of this affidavit is false and that this affidavit and the above declaration in respect of genuineness of the documents has been made having full knowledge of (i) the provisions of the Indian Panel Code in respect of offences including, but not limited to those pertaining to criminal breach of trust, cheating and fraud and (ii) provisions of bidding conditions which entitle the Owner / EIL to initiate action in the event of such declaration turning out to be a misrepresentation or false representation.

5. I depose accordingly.

DEPONENT

VERIFICATION

I, .......................the deponent above named do hereby verify that the factual contents of this affidavit are true and correct. No part of it is false and nothing material has been concealed there from.

Verified at ..............on this ........... day of .................20....

DEPONENT

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DO NOT OPEN - THIS IS A QUOTATION

Client : ISPRL Project : STRATEGIC STORAGE OF CRUDE OIL PROJECT Bidding Document no. : AK/6936-000-CQ-TN-7200/1000

Bidding Document : DRILLING WORKS IN CRUDE STORAGE FACILITIES AT MANGLORE Due Date & Time : Upto 1200 Hrs. (IST) on 24.08.2015. From: To : AGM(C&P),

ENGINEERS INDIA LIMITED, SECTOR-16, R&D COMPLEX, TOWER I, 1ST FLOOR GURGAON ATTN: MR. ATUL KUMAR

(To be pasted on the outer envelope containing BID SECURITY) ==================================================================

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DO NOT OPEN - THIS IS A QUOTATION Client : ISPRL Project : STRATEGIC STORAGE OF CRUDE OIL PROJECT Bidding Document no. : AK/6936-000-CQ-TN-7200/1000



(To be pasted on the outer envelope containing POWER OF ATTORNEY & INTEGRITY PACT)

==================================================================

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DO NOT OPEN - THIS IS A QUOTATION Client : ISPRL Project : STRATEGIC STORAGE OF CRUDE OIL PROJECT Bidding Document no. : AK/6936-000-CQ-TN-7200/1000



(To be pasted on the outer envelope containing “NOTARISED DOCUMENTS & CERTIFIED DOCUMENTS”)

==================================================================

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Indian Strategic Petroleum Reserves Ltd Instruction to Bidders

Drilling Works in Crude Storage Facilities (Job No. 6936)

Sheet 1 of 19 (ITB)

INSTRUCTIONS TO

BIDDERS

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Sheet 2 of 19 (ITB)

INDEX TO

INSTRUCTIONS TO BIDDER (ITB)

1.0 INTRODUCTION ............................................................................................................................. 4

2.0 COST OF BIDDING ......................................................................................................................... 4

3.0 SITE LOCATION/SITE VISIT ........................................................................................................ 4

4.0 BIDDING DOCUMENTS ................................................................................................................. 4

5.0 AMENDMENT OF BIDDING DOCUMENTS ............................................................................... 5

6.0 LANGUAGE OF BIDS ..................................................................................................................... 5

7.0 PREPARATION/SUBMISSION OF BIDS ..................................................................................... 5

8.0 PRICE BIDS....................................................................................................................................... 7

9.0 CONFIDENTIALITY OF DOCUMENTS ...................................................................................... 8

10.0 CURRENCIES OF BID AND PAYMENT ...................................................................................... 8

11.0 BID SECURITY/ EARNEST MONEY DEPOSIT ......................................................................... 8

12.0 PERIOD OF VALIDITY OF BIDS .................................................................................................. 9

13.0 NUMBER OF BIDS ......................................................................................................................... 10

14.0 PREBID MEETING ........................................................................................................................ 10

15.0 FORMAT AND SIGNING OF BID ............................................................................................... 10

16.0 BIDDING DOCUMENTS AND DEVIATIONS ........................................................................... 11

17.0 SEALING AND MARKING OF BIDS .......................................................................................... 11

18.0 DEADLINE FOR SUBMISSION OF BIDS .................................................................................. 11

19.0 ALL PAGES TO BE INITIALLED ............................................................................................... 11

20.0 PRICES TO BE IN FIGURES AND WORDS .............................................................................. 12

21.0 CORRECTIONS AND ERASURES .............................................................................................. 12

22.0 LATE BIDS ...................................................................................................................................... 12

23.0 WITHDRAWAL, SUBSTITUTION, AND MODIFICATION OF BIDS ................................... 12

24.0 OPENING OF BIDS BY OWNER/ EIL ........................................................................................ 12

25.0 CLARIFICATION OF BIDS .......................................................................................................... 13

26.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS ............................................................ 13

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Sheet 3 of 19 (ITB)

27.0 BID EVALUATION CRITERIA ................................................................................................... 14

28.0 COMPLETE SCOPE OF SUPPLIES/WORK .............................................................................. 14

29.0 OPENING OF PRICE BIDS........................................................................................................... 15

30.0 EVALUATION OF TECHNO-COMMERCIAL BIDS ............................................................... 15

31.0 CORRECTION OF ARITHMETICAL ERRORS ....................................................................... 15

32.0 EVALUATION AND COMPARISON OF PRICES .................................................................... 16

33.0 CONTACTING OWNER ............................................................................................................... 17

34.0 OWNER’S RIGHT TO ACCEPT/REJECT BIDS ....................................................................... 17

35.0 AWARD OF CONTRACT.............................................................................................................. 17

36.0 NOTIFICATION OF AWARD ...................................................................................................... 17

37.0 CONTRACT AGREEMENT ......................................................................................................... 17

38.0 SIGNING OF CONTRACT ............................................................................................................ 18

39.0 SECURITY DEPOSIT / PERFORMANCE BANK GUARABTEE ........................................... 18

40.0 FRAUDULENT PRACTICES ........................................................................................................ 18

41.0 ALTERNATIVE BIDS .................................................................................................................... 19

42.0 CLARIFICATION REQUEST FROM BIDDERS ....................................................................... 19

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Sheet 4 of 19 (ITB)

1.0 INTRODUCTION

1.1 Indian Strategic Petroleum Reserves Limited (ISPRL) (hereinafter referred as “OWNER”) has appointed Engineers India Limited (EIL) as Project Management Consultant (PMC) invites sealed Bids, for the entire supplies and work covered under the Bidding Document (hereinafter for the purpose of these Instructions collectively referred to as the “WORK”). Completion schedule of the work will be strictly as per Annexure – 1 to SCC titled as “Time Schedule”. All bids are to be completed and returned in accordance with and within the time provided in these Instructions to Bidder.

. 2.0 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including (but not limited to) costs and expenses related to visits to the site(s) and other locations, and the cost of any tests, investigations, evaluations and consultations. The OWNER will in no case be responsible or liable for any costs regardless of the outcome of the bidding process.

3.0 SITE LOCATION/SITE VISIT

3.1 SITE LOCATION

3.1.1 The proposed site is located on a hill namely Kalvar Padavu situated to the east of the MRPL refinery area, and is approx. 12 km west of Mangalore Airport and 8 km east of National Highway 17. The Mangalore city is about 15 km. from the

site. The approximate position is North, 1259’ and East 7452’. The hill is striking E-W with length approx. 1.5 km, width 0.9 km and the highest elevation level being 83 m above sea level. The total area investigated in the region was about 104.5 hectares.

3.2 SITE VISIT

3.2.1 The Bidder is advised to visit and examine the site of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the Contract. All costs for and associated with site visits shall be borne by the Bidder.

3.2.2 The Bidder and any of his personnel or authorised representatives will be granted permission by the OWNER to enter upon its premises and lands for the purpose of such inspection, but only upon the explicit condition that the Bidder, its personnel or authorised representative shall be understood to have released and indemnified the OWNER and its personnel from and against all liability in respect thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, cost and expenses incurred as a result of such visit

4.0 BIDDING DOCUMENTS

The bidder is expected to examine the Bidding Documents, including all instructions, FORMs, terms and conditions of Contract, specifications, drawings and other documents and to fully familiarise itself with the requirements of the Bidding Documents. Failure to furnish all the information required as per the Bidding Documents or the submission of a bid not substantially responsive to the Bidding Documents in every respect may result in the rejection of the Bid.

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Sheet 5 of 19 (ITB)

5.0 AMENDMENT OF BIDDING DOCUMENTS

5.1 At any time prior to the deadline for submission of bids as well as upto priced bid opening, the OWNER may, for any reason whether at its own initiative or in response to a clarification or modification requested by any prospective Bidder(s), modify the Bidding Documents.

5.2 Any addendum issued shall be part of the Bidding Documents and shall be uploaded on EIL website http://tenders.eil.co.in and Government website

http://eprocure.gov.in/cppp.

5.3 Bidders shall examine the Bidding Documents thoroughly and inform the OWNER/EIL of any apparent conflict, discrepancy or error, so that the OWNER/EIL may issue appropriate clarification(s) or amendment(s), if required.

6.0 LANGUAGE OF BIDS

6.1 The Bid prepared by the bidder, all documents attached to and/or relating to the bid and all correspondence exchanged by the Bidder and the OWNER, shall be written in English language only.

6.2 Any printed literature furnished by the bidder may be written in another language provided that this literature is accompanied by an authenticated English translation, in which case, for purpose of interpreting the Bid, the English translation shall govern.

7.0 PREPARATION/SUBMISSION OF e-BIDS

7.1 The Bidder shall along with its techno-commercial Bid submit one copy of the Table of Contents (also referred as Master Index) of the Bidding Document duly signed and stamped on each page, in token of having received the complete set of the Bidding Document and its acceptance.

7.2 The bidder is required to make a proposal in a format as outlined below in order to achieve the objective of maintaining a uniform proposal structure from all bidders.

7.3 Electronic Bids (e-bid) in two parts i.e. PART-I (Techno-commercial part) & PART-II (Priced part) as detailed below shall be submitted in e-tendering portal in accordance with the instructions and terms & conditions enclosed with the Bidding Document:

PART – 1 Techno-commercial/ Unpriced Bid

PART – 2 Priced Bid 7.4 Techno-commercial/Unpriced Bid (PART-1) will contain the following

documents:

I: i) Letter of submission.

ii) Form of Bid as per Proposal FORM-A including Annexure of Information about the Bidder.

iii) Bank Guarantee/Bid Bond as Bid Security as per format attached in the GCC.

iv) Power of Attorney in favour of Bid Signatory

v) Separate booklet consisting document against Bidder Qualification Criteria (Technical & commercial) FORM B

vi) Declaration as per Proposal FORM-C duly signed & stamped by the bidder in token of having received and read all Parts of the commercial & technical documents

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Sheet 6 of 19 (ITB)

and having accepted and considered the same in preparing and submitting the bid.

II: i) Deployment Schedule of construction equipment, tools & tackles proposed for execution of works as per Proposal FORM-D.

ii) Detailed execution philosophy of work as per Proposal FORM-E.

iii) Details of proposed organisation along with CV’s of key personnel for Home and Site Office as per Proposal FORM-F.

iv) Deployment Schedule of Supervisory personnel as per Proposal FORM-G.

v) Project Schedule in the form of Bar Chart.

III: i) Details of concurrent commitments as per Proposal FORM-H.

ii) Declaration about Bidder’s Income Tax Liability in India as per Proposal FORM-I.

iii) Solvency Certificate from Bidders’ bankers. Date of issue of this certificate should not be less than 1 year from due date of opening of Techno-commercial part.

iv) Partnership Deed in case of partnership firm, Memorandum & Articles of Association in case of constituent companies.

v) Information about any Current Litigation/Arbitration, if any, in which bidder is involved as per Proposal FORM K.

IV: i) Reply to Commercial Questionnaire.

ii) Blank copy of Total Schedule of Prices duly stamped & signed on each page.

V: i) Technical Details/ documents specified under “Technical Information Required along with Bid”.

ii) Reply to technical Questionnaire.

iii) Information Required for assessment of quantum of work as per Bidding Document.

VI: i) Schedule of Deviations (if any) to the commercial and Technical bid documents as per proposal FORM L. Technical deviations must be given separately.

ii) FORM- M for certificate of non-involvement of agent.

iii) FORM-N for Compliance of Bid

VII: i. Secrecy Agreement as per proposal FORM-O

ii. Integrity Pact

VIII: Master Index duly signed and stamped on each page.

IX: Quality Assurance: A brief description of the bidder’s QA system and a statement detailing how QA will be implemented for the Project.

X: Check-List.

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Sheet 7 of 19 (ITB)

Note: The above shall be uploaded in “PREQUAL/ TECHNICAL” folder in e-tendering portal.

7.4.1 For convenience, the Bid shall be compiled in the form of specific Sections conforming to the above. In case of non-submission of above documents or submission of incomplete documents, the OWNER reserves the right not to evaluate such offers further and not to enter into correspondence in this regard after opening the Techno-commercial / Unpriced Bid.

7.5 PART – 2 (Priced Bid) shall consist of the following:

(i) Preamble to Schedule of Rates

(ii) Schedule of Prices/ Schedule of Rates with prices filled in (including rebate, if any). The rates are to be filled in accodrance with instructions provided in preamble to Schedule of prices, in e-tendering portal,

without making any changes in the format/names of the file/worksheet.

Deviations to terms and conditions, presumptions, overwriting etc shall not be stipulated in Price part of bid. In case of any conditions stipulated in price bids, the bids of such bidders shall be summarily rejected and shall not be considered for further evaluation. Evaluation shall be carried out excluding such bidder(s.).

Note: Part-2 shall be uploaded in “FINANCE” folder in e-tendering portal.

7.6 All envelopes containing the documents in physical form required to be submitted by the bidder shall have Bid Document Number and shall be submitted at address mentioned in Cl.7.77.7 below.

The documents (i) EMD/Bid Bond, (ii) Power of Attorney & Integrity Pact (iii) Authenticated/Notarised Documents, required in physical form as mentioned in NIB/ITB.

7.7 Bids must be received online by EIL through e-tendering website and documents in other envelopes containing Physical Forms must be received by EIL at the following address:

AGM (C&P)

Engineers India Limited, Sector-16,

EIL R&D Complex, Tower-I, 1st Floor,

Gurgaon- Haryana Attn.: Mr. Atul Kumar

7.8 If the envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the bid.

8.0 PRICE BIDS

8.1 The Bid price is to be filled in the formats given in Price Part/ Schedule.

8.2 The Bid price is to be filled in the formats given in Price Schedule. Unless otherwise permitted in the Bidding Documents, the bid shall be for the whole works.

8.3 The taxes & duties shall be applicable as detailed in Special Conditions of

Contract (SCC).

8.4 ERRORS OF INTERPRETATION

8.4.1 Any errors of interpretation of applicability of taxes/ duties by the CONTRACTOR shall be to CONTRACTOR’s account.

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Sheet 8 of 19 (ITB)

8.5 Consortium/Joint bids/ multiple bids / alternative bids shall not be accepted.

8.6 The prices quoted by the bidder shall remain firm and fixed and shall be valid until completion of the Contract performance and shall not be subject to variation on any account except as otherwise specifically provided in the Contract documents.

8.7 Counter trade proposals shall not be considered in the evaluation of Bids or

otherwise.

8.8 The price shall be based on Taxes and Duties as per the Special Conditions of Contract provided in the Bidding Document.

9.0 CONFIDENTIALITY OF DOCUMENTS

9.1 Bidders shall treat the Bidding Documents and contents therein as strictly confidential. If at any time, during the bid preparation period, Bidder decides to decline to bid, all documents must be immediately returned to OWNER.

10.0 CURRENCIES OF BID AND PAYMENT

10.1 Currency of Bid

10.1.1 Bidders shall quote price for materials and services to be procured from India in Indian Rupees only.

10.2 PAYMENT

10.2.1 Indian Bidders- Payment shall be made in Indian Rupees.. 10.2.2 The bidder shall quote their price gross of Indian Income Tax i.e. quoted price

shall include Indian Income Tax.

10.3 NON INVOLVEMENT OF INDIAN AGENT

10.3.1 Each bidder along with the bid shall furnish a declaration in Proposal FORM-M that no Indian Agent is involved in the transaction.

11.0 BID SECURITY/ EARNEST MONEY DEPOSIT

11.1 Bidder shall furnish as part of its bid, a Bid Security, in original form and, in the amount and currency . Any bid not accompanied with a requisite Bid security or the Bid Security not being for the required amount, shall be summarily rejected by ISPRL/EIL. Format of Bank Guarantee for Bid Security is provided in Bidding Documents.

11.2 ISPRL/EIL shall not pay any interest on Bid Security furnished. Further, in case bank guarantee submitted is found to be fake, bid of such bidder shall be rejected and may initiate action as deemed necessary as per EIL Policy.

11.3 The bid security shall be a demand draft / bank guarantee in favour of Engineers India Limited, in any of the following forms at the bidder’s option:

a) an unconditional guarantee issued by any Indian Scheduled Bank or Indian

Branch of International Bank, strictly in the format provided in Bidding Forms;

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Sheet 9 of 19 (ITB)

b) demand draft payable at New Delhi;

11.4 The bid security shall be valid for Two (2) Months beyond the validity period of the bid, or beyond any period of extension if requested under ITB.

11.5 EMD/ Bid securities of unsuccessful bidders will be returned upon placement of order/ award. Also, EMD of late bids/ where unpriced bids not opened, shall be returned after priced bid opening. In case of the successful Bidder, the same will be returned after the order/ contract is effective and Contract Performance Bank Guarantee is submitted. However, in case EIL decides to cancel / annul the Enquiry / bidding document at any stage during the bidding process but before the award of work/ items (as applicable), EMD of the bidders shall be returned at the earliest from the date of such decision.

11.6 The bid security shall be forfeited:

(a) if a bidder withdraws its bid during the period of bid validity, or any extension thereto provided by the bidder; or submits multiple bids/alternative bids in accordance with Clause 12.0 of ITB

(b) does any breach of tendering terms and conditions; or

(c) on his own modifies his bid during the period of bid validity; or

(d) if the successful bidder fails to:

(i) sign the Contract in accordance with ITB; and/or (ii) furnish a Contract performance Bank Guarantee in accordance with

ITB. (iii) to accept arithmetical corrections pursuant to ITB.

(e) If the Information/ documents forming basis of evaluation submitted by the bidder in the bid is found to be false/ forged in accordance with relevant provisions provided in Bidding Document.

11.7 The Bank Guarantee by way of bid security shall be correspondingly extended if the validity of the bid is extended.

11.8 Each page of the Bank Guarantee must be stamped & signed by the authorized signatory(ies) of the Bank. Corrections, if any, must also be initialed by the authorized signatory(ies) of the Bank. The Bank is required to send a copy of the Bank Guarantee(s) in confirmation directly at the address given in the ITB.

12.0 PERIOD OF VALIDITY OF BIDS

11.1 Bids shall remain valid for 4 (Four) months after the deadline for bid submission. A bid valid for a shorter period may be rejected by the OWNER as non-responsive.

12.2 Notwithstanding the above, the OWNER may solicit the bidder’s consent to an extension of the period of bid validity. The request and the responses thereto shall be made in writing (by email).

12.3 If the bidder agrees to the extension request, the validity of the bid security shall also be suitably extended

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Sheet 10 of 19 (ITB)

12.4 A bidder may refuse the request without forfeiting his bid Security.

. 12.5 A bidder accepting the request for extension shall not be permitted to modify his

bid because of the extension, unless specifically invited to do so.

13.0 NUMBER OF BIDS

13.1 A bidder shall on no account submit more than one bid either directly or indirectly.

13.2 A bidder shall be deemed to have submitted an indirect bid if a subsidiary of the bidder is also a direct or indirect bidder in an independent bid or if the bidder or its subsidiary has with its consent been indicated as a sub-contractor in any other bid or even if not so indicated has entered into any arrangement (whether disclosed or undisclosed) with any other bidder or with a sub-contractor of that bidder for the performance of any work for that other bidder upon an award of the work to that other bidder.

13.3 If a bidder makes more than one bid and/or directly or indirectly participates in another bid as contemplated under 13.2 above, all the bids of the bidder, including the bid of the bidder in whose bid the first named bidder has directly or indirectly participated, may be considered as cartel bids and may be rejected. If the factum of such bid(s) is discovered after the notification of award, the resultant contract shall be liable to be terminated pursuant to the provisions for termination contained in the General Conditions of Contract.

13.4 Only bidders who have acquired Bidding Documents (including documents downloaded from OWNER’s/Consultant.s website) from the OWNER are eligible to submit bids. Bids submitted by any other person will be liable to be rejected.

14.0 PREBID MEETING

14.1 The bidder or his authorised representative(s), is advised to attend a pre-bid meeting in the office of EIL at Gurgaon or as otherwise indicated in the Notice Inviting Bid. The purpose of the meeting will be to clarify issues and to answer questions on any matter pertaining to the Tender conditions that may be raised at that stage by Bidders

14.2 The bidder may submit any queries/clarification/information pertaining to Bidding Documents in writing delivered by hand or by fax as per Proposal FORM P enclosed in the Bidding Documents so as to reach EIL/OWNER not later than the date specified in the Letter Inviting for Bid/ Notice Inviting Bid. Queries/ Clarifications/ Information sought in any other manner shall not be responded to.

14.3 The OWNER’s responses to Bidder’s queries/clarifications raised will be furnished as expeditiously as possible to all the Bidders. Any modification of the Bidding Documents which may become necessary as a result of the pre-bid meeting/conference, shall be sent to all bidders through the issue of an Amendment.

15.0 FORMAT AND SIGNING OF BID

15.1 The e-bid shall be digitally signed (e-signed) using the digital signature of a person duly authorised to sign on behalf of the bidder. The digital signature used for signing the bid shall be issued in the name of such authorised person and the certificate details, available from the signed documents, should indicate the details of the signatories. All documents/files of the bid shall be signed by using

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the digital signature issued in the name of the person having valid Power of Attorney (POA) at the time of bid submission. Any consequences resulting due to such signing (e-signing) shall be binding on the bidder.

15.2 In case of a JV/Consortium bid (If permitted in the bidding document), the Bid shall be digitally signed (e-signed) using the digital signature of a authorized representative of the JV /Consortium, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized representatives.

16.0 BIDDING DOCUMENTS AND DEVIATIONS

16.1 Bidders shall confirm compliance to Bidding Document and Its Amendment(s) , If any, as per Proposal FORM N.

16.2 It is expected that bidders will submit bids based strictly on the terms and conditions and specifications contained in the Bidding Documents and will not stipulate any deviations. Should it, however, become unavoidable, deviations should be separately and specifically stipulated only in the prescribed Proposal FORM L. OWNER reserves the right to reject as non-responsive any bid containing major deviation(s).

17.0 SEALING AND MARKING OF BIDS

17.1 The bidder shall submit the, original Bid Security along with other documents requested in “Original”, as per the requirement of NIB & ITB, in separate sealed envelopes, duly marking the envelopes as per following:.

Part III -Bid Security & Originals Name of Work:________________________________ Bidding Document No.:_________________________ Due date & Time of Submission: __________________ From: [Name & Address of Bidder]______________

17.2 The envelope shall bear the name and address of the bidder and bear a warning not to open before the time and date for bid opening.

17.3 If all envelopes are not sealed and marked as required, EIL will assume no responsibility for the misplacement or premature opening of the Part-III of bid.

18.0 DEADLINE FOR SUBMISSION OF BIDS

18.1 Bidders shall submit their bids electronically in the e-tendering portal, within the date and time.

18.2 Bid Security in accordance with NIB & ITB, in original, must be received by EIL at the address and no later than the date and time for submission of Bids.

18.3 ISPRL/EIL may, at its discretion, extend the deadline for the submission of bids by amending the Bidding Documents in accordance with Clause 5.0 of ITB, in which case all rights and obligations of EIL and bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

19.0 ALL PAGES TO BE INITIALLED

19.1 All signatures in bids shall be dated and shall bear a seal of the bidder. In addition, all pages of the bids shall before submission of the e-bid shall be initialed at lower right hand corner by the Bidder or by a person holding a Power of Attorney authorising him to sign on behalf of the bidder.

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19.2 The Bidder shall sign and affix its seal on all pages of the Priced bid.

20.0 PRICES TO BE IN FIGURES AND WORDS

20.1 The bidder shall fill the Schedule of Prices both in figures as well as in words in the Price Schedule forming part of the Bidding Documents, in such a way that interpolation is not possible. The tendered amount for the work shall be entered in the Price schedule and duly signed by the bidder.

20.2 When there is a difference between the prices in figures and words, the price in words shall prevail.

21.0 CORRECTIONS AND ERASURES

21.1 Bidders are required to fill in the tender documents with due care so as to avoid any cuttings/corrections/alterations in the entries made in the tender papers.

21.2 In case any corrections are required, the original writings shall be neatly cut/ penned through and re-written nearby. No overwriting or erasure of original writings by use of ‘white fluid’ or the like is permitted. In case any erasure using ‘white correcting fluid’ is found, the tender shall be liable to be rejected.

21.3 All cuttings/ corrections/ alterations shall be signed in full by the Bidder with date. Numerical figures shall be written both in figures as well in words.

22.0 LATE BIDS

22.1 E-tendering system shall close immediately after the deadline for submission of bid. Any bids being submitted in physical form (other than Part-III of Bid) shall not be considered for opening / evaluation / award and will be returned to such bidders.

22.2 In the event the Bid Security in original, in accordance with ITB/NIB, are not submitted within the deadline for submission of bids, the bids shall be declared late and shall not be considered for opening, notwithstanding the fact that the bid has been submitted in electronic form within the deadline.

23.0 WITHDRAWAL, SUBSTITUTION, AND MODIFICATION OF BIDS

23.1 The bidder may modify, re-submit or withdraw its e-bid after the bid submission, but, before the due date and time for submission of Bid following the electronic

bid submission procedures.

23.2 No bid shall be withdrawn, substituted, or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity or any extension thereof.

24.0 OPENING OF BIDS BY OWNER/ EIL

24.1 EIL shall verify the availability of requisite BID SECURITY, prior to opening of Part-I of e-Bid. Techno-commercial e-Bid of those bidders shall be considered for opening, who have already submitted the requisite Bid Security, in accordance with ITB/NIB, prior to due date and time for submission of Bids.

24.2 EIL shall open Part-I of bids received in the e-tendering portal.

24.3 The order of part wise opening of bids shall be as follows;

i. On scheduled date and time of UNPRICED bid opening,

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a) Bid Security & other documents submitted in e-tender shall be opened first and verified that whether Bid Security has been furnished as per bid requirement.

b) Up on meeting the requirement of Bid Security as per NIB & ITB, Opening of documents of part –I, submitted in electronic form shall be processed on the e-Procurement module of the e-tendering portal.

c) If a bidder has not complied with Bid Security requirement b) above, such bidder’s offer (Part-I) is not proceeded for further opening and rejected out rightly.

ii. Part-II of bid of only those bidders whose bids is determined to be technically and commercially acceptable by EIL shall be opened. Bidders selected for opening of their priced bids shall be informed about the date, time and place of price bid opening.

25.0 CLARIFICATION OF BIDS

25.1 Bidders should ensure that the Bid submitted is substantially responsive Bid in the first instance itself. Evaluation may be completed based on the content of the Bid itself without seeking any subsequent additional information which may result in rejection of Bid. However, EIL may, at its discretion, may request bidder to submit the necessary information or documentation, within a reasonable period of time, to withdraw material deviation, reservation, or rectify omission in the bid related to documentation requirements. Requesting information or documentation on such account shall not be related to any aspect of the price of the Bid. EIL’s request for clarification and the response shall be in writing.

25.2 No change, including any voluntary increase or decrease, in the prices or substance of the bid shall be sought, offered, or permitted. Bidder shall not be allowed to submit any price implication or revised price after submission of Bid unless the same is called for by EIL in writing.

25.3 Any clarification submitted by a bidder that is not in response to a request by EIL shall not be considered. Failure of the bidder to comply with the request may result in the rejection of its Bid.

25.4 If a bidder does not provide clarifications of its bid by the date and time set in EIL’s request for clarification, its bid shall be evaluated with available information which may result in rejection of their bid.

26.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS

26.1 The OWNER will examine or cause to be examined the bids to determine whether they are complete, whether the documents have been properly signed, and whether the bids are generally in order.

26.2 The OWNER will determine to its subjective satisfaction whether the bidder has submitted a responsive bid and is qualified to satisfactorily perform the work, and such determination shall not be open to question.

26.3 The determination will also take into account the bidder’s financial and technical capabilities, as well as such other qualifications as the OWNER deem necessary and appropriate.

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27.0 BID EVALUATION CRITERIA

27.1 Prior to detailed bid evaluation, the OWNER will determine the substantial responsiveness of each bid with respect to the Bidding Documents. A substantially responsive bid is one which conforms to the terms, conditions and specification of the Bidding Documents without material deviation. A material deviation is one which affects in any substantial way the scope, quality or performance of the works, or which limits in any substantial way, inconsistent with the Bidding Documents, the OWNER’s rights or the bidder’s obligations as envisaged in the Bidding Documents, and the rectification of which deviation or reservation would affect unfairly the competitive position of other bidders presenting substantially responsive bids. Further examination of only such bids as are determined to be substantially responsive shall be taken up, unless otherwise determined by the OWNER.

27.2 The following provisions of the Bidding Document must be adhered to without deviations, failing which the bid shall be considered to be non-responsive and may be rejected.

i) Earnest Money Deposit/ Bid Security

ii) Bid Validity period

iii) Security Deposit

iv) Cancellation of Contract

v) Suspension of work and supplies

vi) Price discount/adjustments

vii) Defect Liability Period

viii) Termination of Contract

ix) Time Schedule for completion

x) Proforma of all Bank Guarantees.

xi) Arbitration

xii) Complete scope of Supplies/ Work as per the provisions of the Bidding Documents

xiii) Integrity Pact

28.0 COMPLETE SCOPE OF SUPPLIES/WORK

28.1 The complete scope of supplies and work/services has been defined in the Bidding Documents. Only those bidders who take complete responsibility and who bid for the complete scope of supplies and work/services as contained in the Bidding Document shall be considered for further evaluation.

28.2 If the CONTRACTOR is required to engage a Sub-Contractor for any part of work, then such Sub-Contractors shall have prior proven experience of similar work and shall require specific approval by OWNER after award of work.

Following the notification of Acceptance of Bid, the CONTRACTOR will submit to the OWNER for approval the details of Sub-Contractors.

The list of construction Sub-Contractors/ Engineering Back-up Consultant proposed in the Bids by the Bidders shall be considered as indicative only.

28.3 If a proposed sub-contractor has been approved by the OWNER, the CONTRACTOR shall not replace such approved sub-contractor with another sub-contractor without obtaining the OWNER’s prior approval for the proposed replacement.

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28.4 The Bidder shall along with the bid furnish its Project Execution Plan, which shall be evaluated for technical acceptability of the Bids.

28.5 As a minimum requirement, following activities shall be performed by the CONTRACTOR directly and shall not be sub-contracted:

a) Overall Project Management b) Planning, Scheduling, Monitoring. c) Procurement Services including procurement. d) Quality Control e) Construction Management f) Pr e-commissioning/ Commissioning. g) All statutory obligation required during construction execution of project

as per contract. 29.0 OPENING OF PRICE BIDS

29.1 Priced Bid (Part-II) of only those bidders whose bids is determined to be technically and commercially acceptable by EIL shall be opened. Bidders selected for opening of their priced bids shall be informed about the date, time and place of price bid opening.

30.0 EVALUATION OF TECHNO-COMMERCIAL BIDS

30.1 Prior to price opening of bids, ISPRL/EIL will determine whether each bid is accompanied with required Bid Security, Integrity pact, as applicable.

(i) Fulfils the technical, financial, experience and other requirements as specified in the Bidding Document;

(ii) Bid’s responsiveness, in accordance with ITB;

(iii) Any other relevant factor, if any that EIL deems necessary or prudent to be taken into consideration.

30.2 ISPRL/ EIL reserves the right to use in-house information for assessment of capability of bidder and their performance on jobs completed/ in progress for evaluation purpose

31.0 CORRECTION OF ARITHMETICAL ERRORS

31.1 EIL shall correct arithmetical errors on the following basis:

(i) The prices quoted by bidders shall be checked for arithmetic correction, if

any, based on rate and amount filled by the bidder in the SOR/price schedule formats. If some discrepancies are found between the rate / amount given in figures/words, the total amount shall be corrected as per the following procedure, which shall be binding upon the bidder:

a) When the rate quoted by bidder “in figures” and “words” tallies but the total amount is incorrect, the rate quoted by the bidder shall be taken as correct and the total amount shall be reworked.

b) When there is difference between the rate “in figures” and in “words”, the rate that corresponds to the total amount, shall be taken as correct..

c) When it is not possible to ascertain the correct rate as detailed above, the rate quoted for the item in words shall be adopted and total amount shall be reworked..

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(ii) Where bids are invited on + or – percentage over the EIL estimated contract price and there is a discrepancy in total amount quoted in summary of prices and the amount arrived at after calculating the percentage increase/ decrease quoted by the bidder over EIL estimate then the total amount shall be corrected based on the EIL estimated contract amount and the quoted percentage.

31.2 Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction in accordance with ITB, shall result in the rejection of the Bid and Bid Security shall be forfeited.

32.0 EVALUATION AND COMPARISON OF PRICES

32.1 The evaluation and comparison of bids shall be carried out as per following:

I. The Total amount quoted in Schedule of Rates after arithmetic check inclusive of all taxes and duties.

II. To arrive at the evaluated price, loading/ adjustment on total quoted price, wherever applicable, shall be done as per following:

(a) Loading for unquoted items as per III below.

(b) Less Cenvatable Excise Duty on finished goods as per Form SP-2, if applicable

(c) Less Cenvatable Service tax on services as per Form SP-2

(d) Les Vatable VAT as per Form SP-2; if applicable.

III. The prices quoted by the Bidders who have retained the deviations to the terms and conditions, if any, which are otherwise considered acceptable by EIL and can be quantified, shall be loaded. In case a Bidder does not quote for any items and the estimated price impact of unquoted items is more than 10% of his total quoted price, the bid will be rejected. If such price impact of unquoted items is 10% or less of his total quoted price, for the purpose of comparison, the unquoted items shall be loaded by price impact calculated on the basis of highest of the rates quoted by other bidders. If such Bidder happens to be the selected Bidder, price of unquoted items shall be negotiated before award of work in line with the lowest rate quoted by the Bidder.

IV. Optional items, if any, shall not be considered for the purpose of arriving at the total cost. However, in case the rates quoted by the selected Bidder for optional items are considered high, the same shall be negotiated.

V. Conditional discount, if offered, shall not be considered for evaluation.

VI. Any uncalled for lump-sum/ percentage or adhoc reduction/ increase in prices, offered by the Bidders after opening of the prices, shall not be considered. However, if reduction is from the recommended Bidder, such reduction shall be taken into account for arriving at the contract value and not for evaluation purpose.

VII. Central Government Public Sector Undertaking/ Enterprises shall be extended purchase preference as per Government of India guidelines as applicable

32.2 No suo-moto reduction in price(s) by bidders is permissible after opening of the price bid. If any Bidder unilaterally reduces the price(s) quoted by him in his bid after opening of bids, such reduction shall not be considered for comparison of prices but shall be binding on the Bidder if he happens to be selected for award of work.

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33.0 CONTACTING OWNER

33.1 A bidder shall not contact the OWNER on any matter relating to his bid from the time of bid opening to the time, that the Contract is awarded, unless requested to do in writing. Any effort by a bidder to influence the OWNER in the OWNER’s decisions in respect of bid evaluation or contract award will result in the rejection of that bidder’s bid.

34.0 OWNER’S RIGHT TO ACCEPT/REJECT BIDS

34.1 The OWNER reserves the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of Contract without thereby incurring any liability to the affected bidder(s) or any obligation to inform the affected bidder(s) of the ground of OWNER’s action.

34.2 It is observed that many bidders indulge in trading in contracts by entering into undisclosed back-to-back arrangements for the whole or a substantial portion of a CONTRACTOR’s obligations under the contract. Consequently, if a bidder proposes to enter into any such arrangements upon a successful award of work or has in place any such arrangement which will become operative upon the award of work, the bidder must make a complete disclosure of such arrangement or proposed arrangement in its proposal, and all provisions applicable to sub-contractor(s) in terms of Bidding Documents shall apply to such arrangements.

34.3 If the existence of such an undisclosed arrangement is reasonably apprehended by the OWNER in the case of a bidder, the OWNER may reject such bidder’s bid as non- responsive.

34.4 If such an undisclosed arrangement is discovered after the award of work, such arrangement(s) shall be deemed to constitute an assignment of contract and a ground of termination pursuant to the provisions of termination under the General Conditions of Contract.

34.5 The OWNER shall not be obliged to award the Contract to the lowest evaluated bidder if the OWNER apprehends that it will not be in the interest of the OWNER or the work to award the Contract at the lowest evaluated price or to the lowest evaluated bidder.

35.0 AWARD OF CONTRACT

Subject to ITB, the EIL shall award the Contract to the bidder who has been determined to be the lowest evaluated bid. However, if in the opinion of EIL, the total price or certain item rates quoted by the lowest evaluated bidder are considered high, EIL may invite such bidder for price negotiation. Lowest quoted bidder shall attend such negotiation meetings and if requested by EIL shall provide the analysis of rates/break-up of amount quoted by him for any or all items of Schedule of Rates/ Prices to demonstrate the reasonability. As a result of negotiation, bidder may offer rebate on his earlier quoted Price.

36.0 NOTIFICATION OF AWARD

36.1 The OWNER will notify the successful bidder in writing by letter and/or by Fax of Acceptance that his bid has been accepted. The Acceptance of Bid will constitute the formation of Contract.

37.0 CONTRACT AGREEMENT

37.1 Contract documents for agreement shall be prepared after the notification of Acceptance of Bid. Until the formal Contract is signed, the Bidding Documents and Amendment(s) and any modifications thereto and/or there from agreed upon by the OWNER read with the bidder’s final bid shall be considered as Contract.

37.2 The Contract document thus shall consist of the following:

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a) Original Bidding Documents issued with its enclosures including General Conditions of Contract, Special Conditions of Contract, drawings etc.

b) Amendment to Bidding Documents issued, if any.

c) The notification of Acceptance of bid.

d) The Detailed Letter of Acceptance including Statement of Agreed Variations, if any, and accepted price-schedule.

e) Form of Contract

37.3 A Statement of Agreed Variations shall be prepared based on the finally agreed deviations, if any, to the Bidding Documents and all other correspondences forming part of the offer prior to issue of Notification of Acceptance of bid shall be treated as null & void.

37.4 The statement of Agreed Variations shall form part of the Detailed Letter of Acceptance which shall be issued within 15 (fifteen) days of the Notification of Acceptance of Bid.

37.5 Any deviations or stipulations made and accepted by the OWNER after acceptance of the bid shall be treated as amendment(s) to the Contract and shall be governed by the conditions relating to amendment of Contract.

38.0 SIGNING OF CONTRACT

38.1 The CONTRACTOR shall execute a formal Contract with the OWNER in the Form of Contract forming part of the Bidding Documents within 15 (Fifteen) days from the date of issue of Detailed Letter of Acceptance on a non-judicial stamp paper of Delhi State (India) and of appropriate value. The cost of non-judicial stamp paper shall be borne by the CONTRACTOR.

39.0 SECURITY DEPOSIT / PERFORMANCE BANK GUARABTEE

39.1 Within 30 (Thirty) days from the date of Notification of Award of works by the OWNER, the successful bidder shall furnish a Security Deposit / Performance Bank Guarantee for an amount equal to 10% (Ten percent) of the Contract Price in the form of Bank Guarantee(s) issued by a Bank in India acceptable to the OWNER recognised as Scheduled Bank by the Reserve Bank of India. A Bank Guarantee from any Foreign Bank will be acceptable only if the same is issued by its Indian Branch, which is a Scheduled Bank. The Bank Guarantee shall be as per the prescribed format enclosed in the Bidding Document (Refer ‘GCC’). Each page of the Bank Guarantee must be stamped & signed by the authorized signatory(ies) of the Bank. Corrections, if any, must also be initialed by the authorized signatory(ies) of the Bank. The Bank is required to send a copy of the Bank Guarantee(s) in confirmation directly at the address given in the ITB in Clause 11.

40.0 FRAUDULENT PRACTICES

40.1 The Owner requires that Bidders/ Vendors/ Contractors observe the highest standard of ethics during the award/ execution of Contract. "Fraudulent Practice" means a misrepresentation of facts in order to influence the award of a Contract to the detriment of the Owner, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the owner of the benefits of free and open competition.

40.2 The owner will reject a proposal for award if it determines that the bidder recommended for award has engaged in fraudulent practices in competing for the Contract in question.

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40.3 Bidder is required to furnish the complete and correct information/ documents required for evaluation of their bids. If the information/ documents forming basis of evaluation is found to be false/ forged, the same shall be considered adequate ground for rejection of bids and forfeiture of Earnest Money Deposit.

40.4 In case, the information/ document furnished by the Bidder/ Vendor/ Contractor forming basis of evaluation of his bid is found to be false/ forged after the award of the contract, Owner shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such Bidder/ Vendor/ Contractor without any prejudice to other rights available to Owner under the contract such as forfeiture of CPBG/ Security Deposit, withholding of payment etc.

40.5 In case, this issue of submission of false documents comes to the notice after execution of work, Owner shall have full right to forfeit any amount due to the Bidder/ Vendor/ Contractor along with forfeiture of CPBG/ Security Deposit furnished by the bidder/vendor/ contractor.

40.6 Further, such bidder/ vendor/ contractor shall be put on Blacklist/ Holiday/ Negative List of owner debarring them from future business with Owner for a time period, as per the prevailing policy of Owner & EIL.”

41.0 ALTERNATIVE BIDS

A bidder (i.e., the bidding entity) shall, on no account submit more than one bid either directly (as a single bidder or as a member of consortium) or indirectly (as a sub-contractor) failing which following actions shall be initiated:

i) All bids submitted by such bidder (say ‘A’) directly & indirectly, shall stand rejected and BID SECURITY, if any, in case of direct bid submitted by bidder ‘A’ shall be forfeited.

ii) If another bidder (say ‘B’) has proposed bidder ‘A’ as a sub-contractor then bidder ‘B’’s bid shall also be rejected. However, in case the bidder ‘B’ has also proposed an alternative sub-contractor who is other than the bidder ‘A’, then bidder ‘B’’s bid shall be evaluated with the proposed alternative sub-contractor only. Hence, every bidder shall ensure in his own interest that his proposed sub-contractor is not submitting alternative/ multiple bids.

42.0 CLARIFICATION REQUEST FROM BIDDERS

A Bidder may seek clarifications regarding the bidding document provisions, bidding process and / or rejection of his bid. Owner/ EIL shall respond to such requests within a reasonable time.

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Indian Strategic Petroleum Reserves Ltd

Drilling Works (Job No.: 6936) Proposal Forms

Page 1 of 24

PROPOSAL FORMS

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Page 2 of 24

INDEX FORM-A FORM OF BID

FORM-B SEPARATE BOOKLET CONSISTING DOCUMENT AGAINST BIDDER QUALIFICATION CRITERIA (TECHNICAL & COMMERCIAL)

FORM-C DECLARATION BY BIDDER REGARDING BIDDING

DOCUMENT FORM –D DEPLOYEMENT SCHEDULE OF CONSTN. EQUIPMENTS FORM – E METHODOLOGY OF EXECUTION FORM –F DETAILS OF PROPOSED ORGANISATION FORM –G DEPLOYMENT SCHEDULE OF SUPERVISORY

PERSONNEL FORM –H CONCURRENT COMMITMENTS FORM – I DECLARATION OF BIDDER’S INDIAN TAX LIABILITY FORM – J DELETED FORM – K LITIGATION/ARBITRATION DETAILS FORM – L EXCEPTIONS & DEVIATIONS FORM – M PROFORMA OF CERTIFICATE OF NON-INVOLVEMENT OF

AGENT FORM – N FORMAT OF LETTER OF WAIVER/ COMPLIANCE TO BID

REQUIREMENT FORM – O SECRECY AGREEMENT FORM - P FORMAT FOR BIDDER’S QUERIES

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Page 3 of 24

FORM-A

FORM OF BID (To be filled by the Bidder)

Serial No. Date: From To Indian Strategic Petroleum Reserves Ltd. 301, World Trade Centre, Babar Road, N.Delhi-110001. Dear Sirs, Having examined the Bidding Documents consisting of the Invitation for Bid, Instructions to Bidders, General Conditions of Contract, Special Conditions of Contract, Specifications, Technical requirements, Time Schedule, Form of Contract, Form of Bid, Price Schedule and Addendum(a) to the Bidding Documents (if any), and having understood the provisions of the said Bidding Documents and having thoroughly studied the requirements of Indian Strategic Petroleum Reserves Ltd. relative to the work for in connection with the Drilling Works in Crude Storage Facilities at Manglore and having conducted a thorough study of the job site(s) involved, the site conditions, soil conditions, the climatic conditions, labour, power, water, material and equipment availability, the transport, communication facilities and access to site, the availability and suitability of borrowed earth areas, the availability of land and/or premises for temporary office and accommodation quarters and all other factors and facilities and things whatsoever necessary or relevant to the formulation of the Bid and the performance of Work, I/we hereby submit our bid/offer for the performance of the proposed services and supplies in accordance with the terms and conditions and within the time mentioned in the Bidding Documents at the lumpsum price quoted by me/us in the Price Schedule(s) included within the Bidding Documents and arrived at by adding the Price of Materials / the Price of Supplies and Price for Services as per the Price Schedule. If the Work is awarded to me/us, I/we undertake to perform the Work and make the supplies in accordance with the Contract Documents as defined in the Form of Contract forming part of the Bidding Documents and accept the terms and conditions of Contract as laid down therein and undertake within 30 (Thirty) days of receipt of the Letter/FAX of Acceptance to deposit with the “Chief Finance Manager, Indian Strategic Petroleum Reserves Ltd. (Refineries Division) a sum equivalent to 10% (Ten percent) of the Lumpsum price as specified in the Letter of Acceptance by way of Bank Guarantee from a Scheduled Bank in India (which includes Indian Branch of a foreign Bank), and to commence work at the job site(s) involved within 60 (Sixty) days from the Acceptance of Bid, and to sign the formal Contract in terms of the Form of Contract forming part of the Bidding Documents within 15 (Fifteen) days of receipt of the Letter of Acceptance from or on behalf of Indian Strategic Petroleum Reserves Ltd., failing which Indian Strategic Petroleum Reserves Ltd. shall be at liberty, without further reference to me/us and without prejudice to any of its other rights or remedies, to terminate the Contract.

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Page 4 of 24

I/ We further undertake to keep my/our this Bid/offer open for a period of not less than 6 (six) months from the date of opening of bids specified in the Instruction to Bidders forming part of the Bidding Documents. I/We hereby further state that I/We/None of us (in the case of partnership firm) was/were employed as Directors of Indian Strategic Petroleum Reserves Ltd. during the period of 2 (Two) years immediately preceding the date hereof OR I/We hereby declare that I Shri………………. one of our partners (in the case of partnership firm) was employed as a director in Indian Strategic Petroleum Reserves Ltd., during the period of 2 (Two) years immediately preceding the date hereof and that Shri ……………………. OR I/We has/have obtained previous permission of Indian Strategic Petroleum Reserves Ltd to make this Bid. I/We hereby declare that Shri ……………… one of directors was employed as a director of Indian Strategic Petroleum Reserves Ltd. during a period of 2 (Two) years immediately preceding the date hereof and that Shri ……………. /I/We has / have obtained previous permission of Indian Strategic Petroleum Reserves Ltd.to make this Bid. I/We have annexed to this Bid the following documents: (i) Original Power of Attorney or other proof of authority of the person who

has signed the Bid or Copy of Power of Attorney or other authority duly certified by a Gazetted Officer or a Notary Public in proof of authority of the person who has signed the Bid:

(ii) Audited Balance sheet of the bidder for the last 3 (Three) years. (iii) Information Regarding Bidder in the form annexed to the Form of Bid. (iv) Information regarding construction organisation and equipment in the form

annexed to the Form of Bid. (v) Table of Contents (Master Index) of the Bidding documents, as issued

duly signed as a token of receipt of the complete set of the Bidding Document.

(vi) Additional documents as listed below: ……………………………………………………………………………………

I/We hereby undertake that the statements made herein and the information given in the Annexures referred to above are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular, the same may be construed to be a misrepresentation entitling Indian Strategic Petroleum Reserves Ltd. to avoid or terminate any resultant Contract. I/We further undertake as and when called upon by Indian Strategic Petroleum Reserves Ltd. to produce for its inspection, original(s) of the documents(s) of which copies have been annexed hereto. Yours faithfully, (Signature(s) of the Bidders(s)) Name & Designation of authorised person signing the Bid on behalf of the Bidder(s) Full Name and address of the Bidder(s)

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Page 5 of 24

ANNEXURE TO FORM-A

INFORMATION ABOUT BIDDER (To be furnished with the Bid separately for each consortium member in case of bids

on consortium basis) 1. In Case of Individuals. 1.1 Name of Business 1.2 Whether his business is registered 1.3 Date of commencement of business 1.4 Whether he pays Income Tax over Rs. 1,00,000/- per year. 2. In case of Partnership. 2.1 Name of partners 2.2 Whether the partnership is registered 2.3 Date of establishment of firm 2.4 If any of the partners of the firm pays Income Tax over

Rs. 1,00,000/- per year, State which of them pays the same. 3. In case of Limited Liability Company or Company Limited by Guarantee 3.1 Amount of paid up capital 3.2 Name of Directors 3.3 Date of the Registration of Company 3.4 Copies of the Balance Sheet of the

Company of the last 3 (Three) years (Signature of the Bidder) Name and address of the Bidder

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Indian Strategic Petroleum Reserves Ltd Part-A (Sub-Section-A-1.9)


Page 6 of 24

FORM-B

Documentation against Bidder Qualification Criteria (Technical & Commercial)

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Page 7 of 24

Format- A

FORMAT FOR DETAILS OF SIMILAR GOODS/WORK/SERVICES SUPPLIED/ DONE DURING PAST SEVEN YEARS

S. No

Description of the Goods/works/ Services

FOA / LOA/PO/ WO No. and date

Full Postal Address & phone nos. of Client. Name, designation and address of Engineer/ Officer-in-Charge (for cases other than purchase)

Value of Contract/ Order (Specify Currency Amount)

Date of Commence-ment of Work/ Services or supply of goods

Scheduled Completion Time (Months) Delivery Schedule

Date of Actual Completion/ Supply

Reasons for delay in execution, if any

(1) (2) (3) (4) (5) (6) (7) (8) (9)

Pl refer instruction

Place: [Signature of Authorized Signatory of Bidder] Date: Name:

Design

ation:

Seal:

Instructions:

1) Bidders are expected to provide details of the work meeting the Bidder Qualification criteria which shall be considered for qualification purpose.

2) Copies of Letter of awards/ Order/ Work Orders and completion certificate (in case of works/ services) or IRN/Proof of delivery (in case of supplies) and all other documents required as per IFB to be enclosed.

3) The said documents, as mentioned at Sl. No. 2 above, shall be notarised by any Notary Public along with an affidavit from the bidder in the prescribed format or duly certified by the Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/ firm) where audited accounts are not mandatory as per law.

4) It may be noted that in the absence of above certificates, the details would be considered inadequate and could lead to the bid being considered ineligible for further evaluation.

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Page 8 of 24

Format-B

FORMAT FOR

FINANCIAL CAPABILITY OF THE BIDDER

(For Supply of Goods/ Works/ Services)

We have verified the Annual Accounts and other relevant records of

M/s ................................................... (Name of the bidder) and certify the following

A. . ANNUAL TURNOVER OF LAST 3 YEARS:

Year Amount (Currency)

Year 1:

Year 2:

Year 3:

B. FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR:

Description Year_______

Amount (Currency)

NET WORTH = Paid Up Share Capital + Share Application Money pending allotment* + Reserves – Accumulated losses – Deferred Revenue Expenditure to the extent not written off. * Share Application Money pending allotment will be considered only in respect of shares to be allotted.

WORKING CAPITAL FOR LAST AUDITED FINANCIAL YEAR i.e. ----------------is Rs.-------------

Date:

[Signature of Authorized Signatory]

Name:

Designation:

Seal:

Membership no.

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Page 9 of 24

FORM – C

DECLARATION BY THE BIDDER REGARDING BIDDING DOCUMENT We _______________________ (Name of the Bidder) hereby represent that we have gone through and understood the Bidding Documents (including but not limited to) the Commercial & Technical Requirements/ Specifications and that our Bid has been prepared accordingly in compliance with the requirements stipulated in the said documents. We are submitting the Table of Contents of Bidding Documents and amendments, if any, as part of our Bid duly signed and stamped on each page in token of our acceptance. We are not submitting the total Bidding Document as part of our Bid but undertake that said Parts of the Bidding Documents shall be deemed to form part of our bid and in the event of award of work to us, all the parts shall be considered for constitution of Contract Agreement. Further, we shall sign and stamp each page of these documents as a token of Acceptance and as a part of the Contract in the event of award of Contract to us.

SIGNED FOR AND ON BEHALF OF

_______________________________ (NAME OF BIDDER)

PLACE: ____________________ DATE: ____________________ NOTE: This declaration should be signed by the Bidder’s representative who

is signing the Bid.

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Drilling Works Proposal Forms

(Job No.6936) Page 10 of 24

FROM-D DEPLOYMENT SCHEDULE OF CONSTRUCTION EQUIPMRNT

SL. NO.

DESCRIPTION

CAPA-CITY

DEPLOYMENT SCHEDULE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

TOTAL

1.

1.1

1.1.2

1.1.3

1.1.4

1.1.5

1.1.6

1.1.7

_________________________________ (STAMP & SIGNATURE OF BIDDER)

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Drilling Works (Job No. 6936) Proposal Forms

Page 11 of 24

FORM-E

SUBJECT: METHODOLOGY OF EXECUTION In the proposal FORM bidder shall detail out the methodology of execution of work for the following: In this exhibit bidder shall furnish the following:

1) Methodology of execution of residual basic design and detailed engineering considering /furnishing

Availability of 3 D modeling with PDS/PDMS software along with details such as number of workstations ,availability of experienced manpower etc

Availability of Electrical power system study along with latest soft ware along with details of such software, version and key personnel

Availability of latest IT communication system & engineering, documentation management & control & transfer of deliverables

Exposure of engineering company for above software

Experience in engineering company of having executed similar works

Key personnel to be deployed in engineering office at Delhi

Key personnel to be deployed by main bidder ,either at bidders design office or design office of engineering sub-contractor ,for review, approval & monitoring

2) Methodology of construction ,covering

Mobilization of Cranes for installation of equipments

Mobilization of equipment manufacturer for submersible pump erection & commissioning

Monsoon working

Extent of mechanization of construction process/equipment

Expediting of material/equipment

(STAMP & SIGNATURE OF BIDDER)

DATE:

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Page 12 of 24

FORM-F

DETAILS OF PROPOSED ORGANISATION

The Bidder shall submit herein details of Head Office and Project/Site Organisation proposed to be deployed for execution of the work. Bidder shall also furnish the bio-data of Site-in-Charge and key personnel to be deployed meeting the minimum criteria specified in the SCC. Bidder understand that the said proposal represents the minimum deployment and the Bidder acknowledges that the said deployment may have to be augmented with additional number and/or categories, if required if directed by Engineer-in-Charge in order to compete the work within the completion schedule and quoted lumpsum price. SIGNATURE OF BIDDER : ________________________ NAME OF BIDDER : ________________________

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Page 13 of 24

FORM-G DEPLOYMENT SCHEDULE OF SUPERVISORY PERSONNEL

SL.

NO.

DESCRITPION

DEPLOYMENT SCHEDULE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

TOTAL

1

1.1

1.2

1.3

2

2.1

2.2

2.3

4.5.A2

4.5.A3

4.6

4.6.1

_____________________________________ (STAMP & SIGNATURE OF BIDDER)

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Page 14 of 24

FORM-H NAME OF WORK : BIDDING DOCUMENT NO :

CONCURRENT COMMITMENTS

SL.NO.

FULL POSTAL ADDRESS OF OFFICER-IN-CHARGE /CONTRACT PERSON WITH FAX/TELEPHONE /CONTACT PERSON WITH FAX/TELEPHONE NOS.

DESCRIPTION OF THE WORK

VALUE OF CONTRACT

DATE OF COMMENCEMENT WORK

SCHEDULED COMPLETION PERIOD

% AGE COMPLETION AS ON DATE

EXPECTED DATE OR ACTUAL DATE OF COMPLETION

REMARKS

SIGNATURE OF BIDDER : __________________________________ NAME OF BIDDER : _________________________________ DATE:

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Page 15 of 24

FORM-I

DECLARATION OF BIDDER’S INDIAN INCOME TAX LIABILITY

(TO BE GIVEN ON BIDDER’S LETTERHEAD)

We, ____________________, hereby declare that we have no outstanding Indian Income Tax liability OR We, ____________________, hereby declare that we have an outstanding Indian Income Tax liability of Rs.__________ (Rupees ______________ only) made up as follows: Asessment Year Amount _______ Total: _______ The said amount(s) is/are outstanding for the following reasons: (State reasons). We have furnished the following securities to secure payment(s) of the said outstanding: (State securities (if any) and amounts secured) SIGNATURE OF THE BIDDER : ________________________________ NAME OF THE BIDDER : ________________________________ DATE:

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Page 16 of 24

FORM-K

SUBJECT: LITIGATION/ARBITRATION DETAILS In this Exhibit, Bidder shall furnish details of litigation/arbitration cases of the Bidder during the last 5 years.

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Page 17 of 24

FORM – L

EXCEPTIONS AND DEVIATIONS NAME OF BIDDER : BIDDING DOCUMENT NO.:

SL. NO

BIDDING DOCUMENT

REFERENCE

SUBJECT

DEVIATION

PART NO./

VOLUME

PAGE NO.

CLAUSE

NO.

NOTE : 1. If unavoidable, Bidder may stipulate deviations to the requirements

of the Bidding Document only in this format.

2. Bidder shall furnish Technical and Commercial deviations, if any, separately.

3. Any deviations stated elsewhere in the bid shall not be taken into

account and may render the bid non-responsive and liable to be rejected.

STAMP & SIGNATURE OF BIDDER : _______________________ NAME OF BIDDER : _______________________ DATE:

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Page 18 of 24

FORM – M

PROFORMA OF CERTIFICATE OF NON-INVOLVEMENT OF AGENT Where Indian Agent/Consultant/Representative/Retainer/Associates is not involved, the bidder shall certify in the proforma given below on its letterhead. This is to Certify that we have not engaged/involved any Indian Agent/Representative/ Consultant/Retainer/Associates who is not our employee for the purposes of accompanying bid or any resultant Contract and therefore, no Agent’s/Retainer’s/ Representative’s/Consultant’s/Associate’s commission is payable in India or abroad against or in connection with any resultant Contract. SIGNATURE OF THE BIDDER : ________________________________ NAME OF THE BIDDER : ________________________________ DATE:

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Page 19 of 24

FORM- N

FORMAT OF COMPLIANCE TO BID REQUIREMENT/ LETTER OF WAIVER OF CONDITIONS / DEVIATIONS

(ON COMPANY’S LETTERHEAD)

Name of Work : Bidding Document No : We * hereby agree to fully comply with, abide by and accept without variation, deviation or reservation all technical, commercial and other condition whatsoever of the Bidding Documents and all Addenda / Corrigenda / Clarifications issued by Indian Strategic Petroleum Reserves Ltd. We further hereby waive, withdraw and abandon any and all deviations, variations, objections or reservations whatsoever hereto set out, given or indicated in our offer, clarifications, correspondence, communications, or otherwise with a view that the final price bid submitted may be treated to conform to, in all respects, with the terms and conditions of the said tender documents including all Addenda / Corrigenda.

** For & on behalf of

Authorised signatory

* Here fill in the name of bidder. ** The Letter of Waiver must be signed by the person (s) authorised to sign.

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Page 20 of 24

FORM-O

SECRECY AGREEMENT

THIS CONFIDENTIALITY AGREEMENT (“Agreement”) is made by and between M/s …….(Name of Bidder). and having its main office at ………(Address) hereinafter called the contractor and Indian Strategic Petroleum Reserves Limited, a company organized under the laws of India having its principal place of business at 424-425, World Trade Centre, Babar Road, New Delhi-110 001 Hereinafter called Owner

WHEREAS, the Owner intends to set up underground crude storage facilities in Visakhapatnam, India.

WHEREAS, the Contractor has submitted a bid ref. no. ………………… for Drilling Works in Crude Storage Facilities at Manglore and desires to have access to information related to the underground crude storage facilities from the Owner.

WHEREAS, EIL will assist Owner for the implementation of the Project (the “Purpose”),

NOW THEREFORE in consideration of the promises and mutual covenants herein contained, the parties hereto agree to the following:

1. Disclosure of information. The Owner will furnish to Contractor the Confidential Information as defined in article 2 hereunder.

2. Confidential Information. All information, whether, technical, commercial, or otherwise, whether written or oral, provided, directly or indirectly, by EIL or Owner under this Agreement, or which Contractor might acquire or discover during visits to facilities of Contractor, EIL or third parties where such information is designed or exploited, or during discussions with EIL and/or Owner, together with all analyses, compilations, forecasts, studies or other documents that contain or otherwise reflect such information, shall be deemed the “Confidential Information” hereunder.

3. Use of Confidential Information. All Confidential Information received hereunder

shall be kept confidential and shall not, without the prior written consent of Owner, be disclosed by Contractor, in any manner whatsoever, in whole or in part, and it shall not be used by Contractor, other than for the Purpose. Moreover, Contractor shall only disclose the Confidential Information to its officers, directors and employees who need to know such Confidential Information for the Purpose, who are informed by Contractor of the confidential nature of the Confidential Information and who shall be bound to act in accordance with the terms and conditions of this Agreement.

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Page 21 of 24

4. Ownership of Confidential Information. Contractor hereby agrees that the Confidential Information disclosed hereunder is and will remain the property of Owner and that drawings or other written, printed or electronic data included therein are not to be copied or reproduced, mechanically or otherwise, without the express permission of Owner, except for such copies that Contractor reasonably requires for the Purpose.

5. Non-Confidential Information. The term “Confidential Information” shall not include

such information furnished hereunder that Contractor can prove:

a) was, at the time of disclosure, in the public domain or which subsequently enters the public domain through no act or failure to act by Contractor; or

b) was developed by or was in the possession of Contractor prior to being

furnished to Contractor by Owner or on its behalf, provided that the source of such Confidential Information was not known to Contractor to be prohibited from disclosing the Confidential Information to Contractor by a legal, contractual or fiduciary obligation to Owner; or

c) was or became available to Contractor on a non-confidential basis from a

third party that is not known to Contractor to be prohibited from disclosing the Confidential Information to Contractor by a legal, contractual or fiduciary obligation to Owner.

6. The exceptions of article 5 shall not apply to any information furnished hereunder

which:

a) Is specific and, at the time of its disclosure hereunder, merely embraced by general information within the exceptions, or

b) Is a combination of features of the Confidential Information, unless the

combination itself, its principle of operation and method of use are within the exceptions.

7. Third-Party Disclosure. Despite the restrictions on disclosure contained in this

Agreement, but only to the extent necessary for the Purpose, Contractor may disclose part of the Confidential Information to the following third parties:

a) a vendor of commodity equipment or materials or a supplier of construction

labor who will receive only a minor or non-critical portion, as determined by Owner in its sole and absolute discretion, of the Confidential Information and who, prior to such disclosure, has signed an agreement with Contractor or Owner containing restrictions on use and disclosure at least equivalent to those contained in this Agreement; or

b) any other third party, including but not limited to, any detailed engineering contractor or manufacturer of specially-designed equipment, who, prior to such disclosure, has signed an agreement with Owner containing appropriate restrictions on use and disclosure.

8. Legally Compelled Disclosure. In the event that Contractor who is provided with

the Confidential Information pursuant to this Agreement becomes legally

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Page 22 of 24

compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose any of the Confidential Information to third parties other than those identified above, Contractor will provide Owner with prompt notice so that Owner may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. In any such event, Contractor will use its best efforts to ensure that the Confidential Information will be accorded confidential treatment.

9. Disclaimer of Warranties. Owner makes no representations and extends no

warranties or conditions of any kind, either express or implied, by operation of law or otherwise, with respect to the accuracy or completeness of the Confidential Information furnished hereunder. In no event shall Owner nor any of its affiliates or subsidiaries be liable to Contractor for special, indirect, incidental or consequential damages, including, without limitation, loss of profits or goodwill, capital, loss of work expenses or claims, with respect to the Confidential Information.

10. Return of Confidential Information. Upon completion of the Purpose, or should

Contractor decide not to proceed with the construction of the Unit, whichever occurs first, Contractor will return to Owner or destroy, at Owner' option, all of the Confidential Information in Contractor's possession (including, all originals, and all copies and derivations therefrom, in any medium); provided, however, that Contractor may retain one copy of the Confidential Information in a locked and limited access file for the sole purpose of determining Contractor's compliance under this Agreement. If requested by Owner, an appropriate officer of Contractor will certify to Owner that all such material has been so returned or destroyed.

11. Term. Contractor 's obligations under this Agreement to protect the Confidential

Information from unintentional disclosure shall terminate 20 (twenty) years after Contractor's receipt of the Confidential Information in question.

12. Governing Language. The governing language of this Agreement shall be

English.

13. Governing Law. This Agreement and any dispute arising from the performance or breach hereof shall be governed by and construed and enforced in accordance with the laws of India.

14. Dispute resolution. The parties shall endeavor to solve amicably any dispute arising out of or relating to this Agreement. Any dispute which cannot be solved through this process shall be settled finally according to the India Arbitration and Conciliation Acts, 1996. Such arbitration shall be held in New Delhi, India.

15. Assignment. This Agreement is not assignable in whole or in part by either party without the previous written consent of the other party.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representative as of the date last written below. ISPRL Name of Contractor

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By___________________________ By ______________________________ Name printed__________________ Title__________________ Date__________________ Date __________________

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FORM-P

BIDDER’S QUERIES

SL. NO.

BIDDING DOCUMENT SUBJECT BIDDER'S QUERY OWNER'S REPLY

PART / VOL.

PAGE NO. CLAUSE NO.

NOTE : 1. Bidder’s Queries may be sent by fax to fax numbers 0124-3802099, 3802136 and also by e-mail to [email protected]/

[email protected]

2. Technical & Commercial queries, if any, must be submitted separately in editable format as per this format.

SIGNATURE OF BIDDER :____________________________ NAME OF BIDDER : ____________________________

COMPANY SEAL : ____________________________

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mailto:[email protected]

Template No. 5-0000-0001-T2 Rev. 1 Copyrights EIL – All rights reserved

Dated -02-July-2014

Annexure – I to ITB

E-TENDERING METHODOLOGY (Rev.1)

Instructions for Online Bid Submission:

The bidders are required to submit soft copies of their bids electronically on the CPP Portal (URL:

http://eprocure.gov.in) only, using valid Digital Signature Certificates. The instructions given below are

meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the

requirements and submitting their bids online on the CPP Portal.

More detailed information useful for submitting online bids on the CPP Portal may be obtained at:

http://eprocure.gov.in/eprocure/app .

REGISTRATION

1) Bidders are required to enroll on the e-Procurement module of the Central Public

Procurement Portal (URL: http://eprocure.gov.in/eprocure/app) by clicking on the link “Click

here to Enroll” on the CPP Portal is free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique username

and assign a password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as part of the

registration process and submit in EIL tender portal for updation of records

(http://tenders.eil.co.in) . These details would be used for any communication from the CPP

Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital Signature

Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any

Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with

their profile.

5) Foreign Bidders have to refer “DSC details for foreign Bidders” for Digital signature

Certificates requirements which comes under Download Tab at

http://eprocure.gov.in/eprocure/app and the remaining part is same as above and below.

6) Only one valid DSC should be registered by a bidder. Please note that the bidders are

responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.

7) Bidder then logs in to the site through the secured log-in by entering their user ID / password

and the password of the DSC / e-Token.

SEARCHING FOR TENDER DOCUMENTS

1) There are various search options built in the CPP Portal, to facilitate bidders to search active

tenders by several parameters. These parameters could include Tender ID, organization

name, location, date, value, etc. There is also an option of advanced search for tenders,

wherein the bidders may combine a number of search parameters such as organization

name, form of contract, location, date, other keywords etc. to search for a tender published

on the CPP Portal.

2) Once the bidders have selected the tenders they are interested in, the same can be moved

to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the

bidders through SMS / e-mail in case there is any corrigendum issued to the tender

document.

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http://eprocure.gov.in/

http://eprocure.gov.in/eprocure/app


http://tenders.eil.co.in/



Dated -02-July-2014

3) The bidder should make a note of the unique Tender ID assigned to each tender, in case

they want to obtain any clarification / help from the Helpdesk.

PREPARATION OF BIDS

1) Bidder should take into account any corrigendum published on the tender document before

submitting their bids.

2) Please go through the tender advertisement and the tender document carefully to

understand the documents required to be submitted as part of the bid. Please note the

number of covers in which the bid documents have to be submitted, the number of

documents - including the names and content of each of the document that need to be

submitted. Any deviations from these may lead to rejection of the bid.

3) To avoid Network congestion, Bidder is recommended to upload file size of up to Maximum

35 MB per part. However, in case file size exceeds 35 MB, bidder may compress the files by

scanning with 75 dpi setting as per s.no 4 below and can use additional 25 MB space (“My

Documents”) provided to the bidder as per s.no 5 below.

4) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the

tender document and generally, they can be in PDF / XLS / RAR / DWF formats. Bid

documents may be scanned with 75 dpi with black and white option. However, Price

Schedule / SOR shall be strictly in RAR format without altering any contents of the

formats uploaded by EIL in their Bidding Document.

5) To avoid the time and effort required in uploading the same set of standard documents which

are required to be submitted as a part of every bid, a provision of uploading such standard

documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided

to the bidders. Bidders can use “My Documents” area available to them to upload such

documents. These documents may be directly submitted from the “My Documents” area

while submitting a bid, and need not be uploaded again and again. This will lead to a

reduction in the time required for bid submission process.

SUBMISSION OF BIDS

1) Bidder should log into the site well in advance for bid submission so that he/she upload the

bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay

due to other issues.

2) The bidder has to digitally sign and upload the required bid documents one by one as

indicated in the tender document.

3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as

applicable and enter details of the instrument.

4) Bidder should prepare the EMD as per the instructions specified in the tender document. The

original should be posted/couriered/given in person to the Tender Processing Section, with

in 7 calendar days of the date of Unpriced bid opening. The details of the DD/any other

accepted instrument, physically sent, should tally with the details available in the scanned

copy and the data entered during bid submission time. Otherwise the uploaded bid will be

rejected.

5) A Price Bid format has been provided with the tender document to be filled by all the bidders.

Bidders are requested to note that they should necessarily submit their financial bids in the

format provided and no other format is acceptable. Bidders are required to download the

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Dated -02-July-2014

Price Bid file, open it and complete the cells with their respective financial quotes and other

details (such as name of the bidder). No other cells should be changed. Once the details

have been completed, the bidder should save it and submit it online, without changing the

filename. If the Price Bid file is found to be modified by the bidder, the bid will be rejected.

6) The server time (which is displayed on the bidders’ dashboard) will be considered as the

standard time for referencing the deadlines for submission of the bids by the bidders,

opening of bids etc. The bidders should follow this time during bid submission.

7) All the documents being submitted by the bidders would be encrypted using PKI encryption

techniques to ensure the secrecy of the data. The data entered cannot be viewed by

unauthorized persons until the time of bid opening. The confidentiality of the bids is

maintained using the secured Socket Layer 128 bit encryption technology. Data storage

encryption of sensitive fields is done.

8) The uploaded tender documents become readable only after the tender opening by the

authorized bid openers.

9) Upon the successful and timely submission of bids, the portal will give a successful bid

submission message & a bid summary will be displayed with the bid no. and the date & time

of submission of the bid with all other relevant details.

10) The bid summary has to be printed and kept as an acknowledgement of the submission of

the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.

RETENDER

Please note that if Tender has been retendered, than it is mandatory for the bidder to

submit their offer again on CPP Portal.

WITHDRAWAL OF BID

It may please be noted that bidders now have an additional feature of withdrawing their

bids before due date and time. After submitting the bid on the CPP Portal, if the bidder

wishes to withdraw his bid, he can do so. However, if the bidder withdraws his bid, he

will be exempted from further participation in the tender and won’t be able to submit

his bid again for that particular tender.

ASSISTANCE TO BIDDERS

1) Any queries relating to the tender document and the terms and conditions contained therein

should be addressed to the Tender Inviting Authority for a tender or the relevant contact

person indicated in the tender.

2) Any queries relating to the process of online bid submission or queries relating to CPP Portal

in general may be directed to the 24 x 7 CPP Portal Helpdesk. The contact number for the

helpdesk is 1800-3070-2232 and Mobile Nos +91-7878007972, +91-7878007973.

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INDIAN STRATEGIC PETROLEUM RESERVES LIMITED

GENERAL CONDITIONS

OF

CONTRACT

(This GGC is a verbatim reproduction of the GCC of IOCL, the original parent Company of ISPRL, as amended in January 2003, except for the changes to the

name & address) of 413

Indian Strategic Petroleum Reserves Limited General Conditions of Contract

2

GENERAL CONDITIONS OF CONTRACT

SECTION 1

DEFINITIONS

1.0.0.0 The following expressions hereunder and elsewhere in the Contract Documents used,

unless repugnant to the subject or context thereof shall have the following meanings hereunder respectively assigned to them, namely:

1.1.0.0 "Acceptance of Tender" shall mean the Acceptance of Tender issued by the OWNER

to the CONTRACTOR, and shall include a letter, telegram or fax of acceptance or other notification of award of work, and a detailed Letter of Acceptance.

1.2.0.0 "Approval" shall mean the written and signed approval of the OWNER or of Engineer-

in-Charge or Consultant authorised in this behalf by the OWNER, and with respect to a plan or drawing shall include an approval in Code 2, subject to the limitation(s) specified in such approval.

1.3.0.0 "Approval in Code 2" shall mean an approval to proceed with the work covered by

plans drawings subject to certain limitation(s) as specified in such approval. 1.4.0.0 The "Contract" shall mean the agreement between the parties as derived from the

Contract Documents. 1.5.0.0 The "CONTRACTOR" shall mean Individual, Agency, Firm or Company (whether

incorporated or not) selected by the OWNER for the performance of the Contract and shall include its representatives, successors and permitted assigns.

1.6.0.0 The "Contract Documents" shall mean the contract documents as defined in Article 1 in

the Form Contract. 1.7.0.0 "Completion" or "Final Completion" shall mean the successful provision of all materials

and inputs and the successful completion and conclusion of all activities required in all respects to complete the contractual works in accordance with the contract, but shall not include the obligation to rectify defects during the Defect Liability Period.

1.8.0.0 "Completion Certificate" shall mean the Completion Certificate issued by the Engineer-

in-Charge in accordance with the provisions hereof. 1.9.0.0 "Commissioning" of a Plant or Unit shall mean pressing into service the unit(s),

equipment(s), vessels, pipeline(s), machinery and systems and sub-systems comprising the Plant, in accordance with the approved Operation Manual and as per procedures recommended by the Designer/Process Licensor or Supplier thereof, and approved by the OWNER, after successful trial runs of the Plant/Unit.

1.10.0.0 "Consultant" shall mean the Consultant appointed by the OWNER for the Project or the

Works. 1.11.0.0 "Consumables" shall mean all items which are consumed in the execution of the Work,

without being directly incorporated in the Work, such as fuel, electricity, water, POL, welding rods electrodes and utilities.

1.12.0.0 "Defect Liability Period" shall mean the defect liability period as specified in the

Contract. 1.13.0.0 The "Engineer-in-Charge" shall mean the Engineer or other officer of the OWNER,

Consultant other organisation for the time being nominated by the OWNER in writing to act as Engineer-in Charge for the purpose of the Contract or any specific works.

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1.14.0.0 "Final Certificate" shall mean the final certificate issued by the Engineer-in-Charge in

accordance with the provisions hereof. 1.15.0.0 "General Manager" shall mean the Executive Director, General Manager or other Chief

Executive (howsoever designated) of the Project to which the Contract relates, and if there is no such separate Chief Executive, shall mean the Executive Director (if any) or the General Manager, as the case may be, of the Refinery, Unit or Department of the OWNER to which the Project relates.

1.16.0.0 "Guarantee tests" shall mean all tests, undertaken after the Plant goes into operation

and has stabilized, for ensuring that the functioning of the Plant meets all guarantees, as regards throughput, quality and magnitude/quantity of output, at the final stage as well as at the stipulated interim stages of operation/process, as well as in respect of consumption of utilities, chemicals and catalysts, etc.

1.17.0.0 "Job Site" shall mean any site at which the work is to be performed by the

CONTRACTOR, and shall include a part or portion of the job site. 1.18.0.0 "Manuals" shall mean the Erection and Installation Manual of the various equipment

and machinery forming part of the Work(s) or Plant(s)/Unit(s) as well as the Operation and Maintenance Manuals thereof.

1.19.0.0 "Materials" shall mean all materials, plant, machinery, instruments, components,

equipments, sub-assemblies and assemblies, parts, spares and other items or things required for permanent incorporation in the works.

"Mechanical Completion", as applied to a Plant or Unit, shall mean the completion of civil works,

erection, aligning and grouting of all mechanical and electrical equipment and piping, hydrostatic and other testing of all storage tanks, vessels, piping etc., all electrical and all utility connections to the equipment, mounting and fixing of all instruments, control systems and connecting them as required, testing and trial runs of all equipment on "no-load" and bringing the Plant to a state of readiness for pre-commissioning.

1.21.0.0 "Notified Claim" shall mean a claim of the CONTRACTOR notified in accordance with

the provisions of Clause 6.6.1.0 hereof. 1.22.0.0 "Order" and "Instruction" shall respectively mean any written Order or Instruction given

by the Engineer-in-Charge or Site Engineer within the scope of their respective powers in terms of the Contract.

1.23.0.0 The "OWNER" shall mean Indian Strategic Petroleum Reserves Limited, a company

incorporated in India and having its registered office at 301, World Trade Centre, Babar Road, New Delhi-110 001 and shall include its successors and assigns.

1.24.0.0 "Plans" and "Drawings" shall mean and include all technical documentation such as

maps, sketches, designs, drawings, plans, details, charts, schedules, tracings, prints, computer outputs, printouts, and manuals, relating to the work forming the subject matter of the contract, including but not limited to those forming part of the Tender Documents, Offer Documents, and working drawings and details, together with amendments/ alterations/ revisions/ modifications thereto, as may have been approved by and/or furnished by the OWNER, the Engineer-in-Charge and/or the Consultant, as well as "As-Built" drawings to be submitted by the CONTRACTOR, as required under the contract.

1.25.0.0 "Pre-commissioning" shall mean the activities to be taken up before, the taking up of Start-up, Commissioning and trial runs of the Plant/Unit, and shall include, without being limited to, all operations such as checking of all systems, subsystems, piping and vessels, flushing with air, water and steam, air-blowing and steam-blowing, system pressure and leak tests, purging with inert gas as required, checking all electrical equipment for earthing/ resistances, operability tests and cold run on all operating equipment, vessels and systems individually and in combination, integration of all

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control systems with one another and with the main control system, and completion of all operations detailed under the head, "COMPLETION OF CONSTRUCTION" in API-700.

1.26.0.0 "Progress Schedule" shall mean the Progress Schedule established by the

CONTRACTOR and approved by the Engineer-in-Charge for completion of the work(s) within the time schedule in accordance with the provisions hereof and failing such Progress Schedule, shall mean the Progress Schedule established by the Engineer-in-Charge in accordance with the provisions hereof.

1.27.0.0 "Performance Test(s)" shall mean all tests meant to ensure that the Plant(s)/Unit(s)

is/are in all respects in accordance with the requirements of the Contract and that the Plant functions properly and smoothly, in all respects as per the approved design parameters, within the permissible tolerances, and satisfies all the stipulated operating parameters, and will include the Guarantee Tests.

1.28.0.0 "Project" shall mean the project embracing the work(s) forming the subject matter of

the Contract. 1.29.0.0 The "Site Engineer” shall mean the Engineer(s)/Officer(s) for the time being designated

by the Engineer-in-Charge as his representative(s) in writing, and authorized by him to assist him in performing his duties and functions for the purpose of the Contract.

1.30.0.0 "Plant" or "Unit" shall mean the grouping of and assembly of systems, subsystems,

machinery, equipment, piping and associated facilities, designed to function as a cognizable part of the Project Facility whether alone or in conjunction with other Plants/Units and Facilities. (Examples: Distillation Unit, Reformer Unit or Desulphurisation Unit.).

1.31.0.0 "Schedule of Rates" or "Price Schedule" shall mean the Schedule of Rates or Price

Schedule annexed to the Acceptance of Tender, and shall also include a lump sum price.

1.32.0.0 The "Specification(s)" shall mean the various specifications as set out in the

Specifications forming part of the Tender Documents and as referred to and derived from the Contract and any order(s) or instruction(s) thereunder, and in the absence of any specifications as aforesaid covering any particular work or part or portion thereof, shall mean the Specifications and Codes of the Bureau of Indian Standards and other Organizations, including but not limited to British Standards Institution, ASTM, ASME, ANSI, API, AWS, AWWA, NACE, HEI, IEC, IBR, IEEE, EIL, CPWD, etc, with such modifications as may be applicable for the particular part(s) of the Contract, as decided by the Engineer-in-Charge and as per Standard Engineering and Industry Practice and/or as directed by the Engineer-in-Charge.

1.33.0.0 "Security Deposit" shall mean the Security Deposit as specified in Clause 2.1.0.0

hereof and associated clauses thereunder. 1.34.0.0 "Subsystems" shall mean the further break down of a System into its subsections and

sub-components, each designed to fulfill a precisely demarcated function or role in the working of the system. (Example: Demineralistion of boiler feedwater and fuel injection for boilers for the Steam Generation system).

1.35.0.0 "Start-up" shall mean all activities required to be performed after pre-commissioning

and prior to trial operation and shall include final pre-commissioning inspection and check out of equipment, vessels and system(s) and supporting sub-system(s), initial operation of complete equipment and systems within the Plant/Unit to obtain necessary pre-trial operation data, confirmation and correction of calibration, shutdown inspection and adjustment and other steps required to be taken prior to and enable commissioning/trial operation.

1.36.0.0 "System" shall mean the breakdown of the Plant or Unit into specific sections and

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components, each designed to fulfil a precisely demarcated function or role in the working of the Plant/Unit (Examples: Fresh water system, circulating water system, steam and power generation and distribution systems, fuel system, effluent system in a Power Plant.)

1.37.0.0 "Time Schedule" shall mean the Time Schedule for final completion of the Works or

Mechanical Completion of the Plant(s)/Unit(s), as the case may be, incorporated in the Contract or as may be extended by the OWNER or Engineer-in-Charge pursuant to the provisions hereof and shall include interim time schedules set up for achieving interim/phase-wise/stage-wise progress/completion/ testing/ commissioning/handing over, as may be prescribed by the OWNER/ Engineer-in-Charge, within the overall Time Schedule as originally envisaged or as extended.

1.38.0.0 The "Total Contract Value" shall, upto calculation of the entire remuneration due to the

CONTRACTOR in terms of the contract on successful completion of the work, mean the Total Contract Value as specified in the Acceptance of Tender, and after calculation of the entire remuneration due to CONTRACTOR under the contract on successful completion of the contract, shall mean the totality of such remuneration.

1.39.0.0 "Utilities" shall mean power, electricity, gas and other sources of energy, water, earth

and other things whatsoever (other than materials and consumable(s)) required for or in the performance of the work(s).

1.40.0.0 "Work", "Scope of Work", "Service", and "Scope of Services" shall mean the totality of

the work, services and activities to be performed or undertaken and the totality of the responsibilities to be discharged, as envisaged by expression or implication in the contract and shall include all inputs required for such performance and discharge including (but not limited to) know-how, design/engineering inputs, preparation and supply of drawings and details, project management including pre-construction activities, tendering, procurement, inspection and expediting), construction supervision, pre-commissioning, start-up and commissioning and supply of consumables, labour, construction and other requisite machinery and equipment, utilities and inputs required for, relative or incidental to and/or in connection with the performance of the contract upto completion (including testing, commissioning, handing over, troubleshooting, rectification, maintenance and defect liabilities).

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SECTION – 2

GENERAL 2.0.0.0 INTERPRETATION OF CONTRACT DOCUMENTS: 2.0.1.0 Singular and Plural: Where the context so requires, words imparting the singular also

include the plural and vice versa. 2.0.2.0 Masculine and Faminine: Where the context so requires, words imparting the

masculin gender shall also include the feminine gender and the neuter gender and vice versa.

2.0.3.0 Meanings: Unless expressly stipulated to the contrary in this contract: (i) the words

"direction(s)/directed", instruction(s)/instructed," "order(s)/ordered," "requirement(s)/ required", "permission(s) /permitted", "approval(s) /approved", shall mean the written directions, instructions, orders, requirements, permissions or approvals, as the case may be, of the OWNER or of the Engineer-in-charge. (ii) the words "as felt", "considered necessary", "acceptable", "desirable" or "satisfactory", shall mean that the OWNER or Engineer-in charge feels or considers that the particular thing is necessary, acceptable, desirable, or satisfactory, as the case may be.

2.0.4.0 Language: All documents pertaining to the contract, including drawings, manuals and

any other writings shall be in the English language. The translations, if any, in Hindi or any other language, as may be furnished by the OWNER of any of the documents forming the contract, shall not anywise operate as the contract between the parties or regulate upon the terms and conditions of the Contract Documents with the intention that all rights and obligations of the parties in terms of Contract Documents and any reference to the Contract or Contract Documents or any of them shall be deemed the rights and obligations arising out of the Contract Documents as written in English and/ or Contract or Contract Documents or any of them as written in English; and no claim, dispute, difference or other objection will lie or will be entertained by the OWNER on account of any difference in the import or interpretation between any provision in the Hindi or any other language translation of the Contract Documents or any of them and the Contract Documents in English.

2.0.5.0 Measurement Units: The metric system of measurement units shall be used in the

contract, unless otherwise expressly stipulated. 2.0.6.0 The several Contract Documents forming the contract are to be read together as a

whole and are to be taken as mutually explanatory. 2.0.7.0 Should there be any doubt or ambiguity in the interpretation of the Contract Documents

or error, omission or contradiction therein or in any of them, the CONTRACTOR shall, prior to commencing the relative work, apply in writing to the Engineer-in-Charge for his decision in resolution of the doubt, ambiguity or contradiction or correction of the error or omission, as the case may be. Should the CONTRACTOR fail to apply to the Engineer-in-Charge for his decision, as aforesaid, prior to commencing the relative work, the CONTRATOR shall perform the said work at his own risks, and the provisions of Clause 2.0.10.0 hereof shall apply to any such work performed by the CONTRACTOR.

2.0.8.0 Notwithstanding anything provided in Clause 2.0.7.0 hereof above, either the

CONTRACTOR or the Site Engineer may at any time prior to, during or after the execution of the work or any part thereof (if the CONTRACTOR has failed to make an application as provided for in Clause 2.0.7.0) apply to the Engineer-in-Charge in writing for his decision in resolution of any doubt, ambiguity or contradiction, in the Contract Documents or any of them of the correction of any error or omission therein, as the case may be.

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2.0.9.0 The decision of the Engineer-in-charge or any application under Clause 2.0.7.0 or

Clause 2.0.8.0 hereof shall be in writing and shall be final and binding upon the CONTRACTOR and shall form part of the Contract Documents, with the intent that the Contract Documents shall be read as though the said decision is and was at all times incorporated therein.

2.0.10.0 In the event of the CONTRACTOR having already performed or executed any work at

variance with the decision of the Engineer-in-Charge as aforesaid, then, notwithstanding payment in respect of such work having been made to the CONTRACTOR, such work shall be deemed to be a defective work and the provisions of Clause 5.1.4.0 hereof and associated clauses thereunder shall apply thereto.

2.0.11.0 Any work shown, indicated or included in the job Description, Plan(s), Drawing(s),

Specifications and/ or Schedule of Rates shall be deemed to form part of the work, notwithstanding failure to show, indicate or include such work in any other or others among the Documents aforesaid with the intent that the indication or inclusion of the work within any one of the said documents shall be deemed to be a sufficient indication or inclusion of the work within the work covered by the contract.

2.0.12.0 No verbal agreement, assurances, representations or understanding given by any

employee or officer of the OWNER or so understood by the CONTRACTOR, whether given or understood before or after the execution of the contract, shall anywise bind the OWNER or alter the Contract Documents unless specifically given in writing and signed by a person specifically authorised by the OWNER and given as an Agreed Variation to the relative term(s) in the Contract Documents.

2.0.13.0 Clause headings given in this or any other Contract Document are intended only as, a

general guide for convenience in reading and segregating the general subject of the various clauses, but do not form part of the Contract Documents, with the intent that the clause headings shall not govern the meaning or importance of the clauses thereunder appearing or confine or otherwise affect the interpretation thereof.

2.0.14.0 In case of irreconcilable conflict in non technical matters between the provisions in the

separate contract documents concerning or governing the same aspect precedence shall be given to the provisions contained in the documents mentioned below in the order in which they are set out below:

1. Formal Contract 2. Acceptance of Tender 3. Price Schedule annexed to Letter of Acceptance 4. Agreed Variations annexed to the Letter of Acceptance 5. Addenda to the Tender documents 6. Special Conditions of Contract 7. Special Instructions to Tenderers 8. General Conditions of Contract 9. Instructions to Tenderers

A variation or amendment issued after the execution of the formal contract shall take precedence over the formal contract and all other Contract Documents.

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2.0.15.0 In case of irreconcilable conflict in technical matters between the provisions in two separate contract documents concerning or governing the same aspect, clauses 2.0.7.0 and 2.0.8.0 shall be applied.

2.1.0.0 SECURITY DEPOSIT: 2.1.1.0 The CONTRACTOR shall furnish Security Deposit in the amount equivalent to 10%

(ten percent) of the total contract value. Such Security Deposit is to be held by the OWNER as security for the due performance of the CONTRACTOR's obligations under the contract.

2.1.1.1 The Security Deposit shall be made up of the Initial Security Deposit, and the Retention

Monies, of a sum equal to 10% (ten percent) of the total (gross) value of each bill, up to and until the recovery of full Security Deposit to the extent specified in Clause 2.1.1.0 hereof is achieved. The deductions for the retention money(ies) will be stopped after the Security Deposit limit of 10% (ten percent) of the Total Contract Value is reached, unless otherwise required in terms of Clause 2.1.1.6 hereof.

2.1.1.2 The CONTRACTOR shall, within 10 (ten) days of the receipt of Acceptance of Tender

issued by the OWNER, deposit Initial Security Deposit in an amount equal to 2.5% (Two and one half percent) of the total contract value as aforesaid, in one or more of the following modes, subject to the stipulation(s) contained in the said Acceptance by the OWNER:

a) by Demand draft/Pay Order drawn on a Banking Branch of a Nationalised/

Scheduled Bank payable to the OWNER at the location where the Office of the OWNER is situated. (Cheques shall not be accepted).

b) If the Earnest Money Deposit has been made in cash or by Demand Draft, the

CONTRACTOR may be permitted to adjust the same towards part of the Initial Security Deposit and pay the balance in the manner stipulated at (a) above.

c) By Bank Guarantee(s) in the prescribed form as included in the Tender

Documents, from a Scheduled Bank in India acceptable to the OWNER, provided the amount covered by such Bank Guarantee is not less than Rs.1,00,000/- (Rupees One Lakh only). This Bank Guarantee shall be valid upto a period of 3 (three) months beyond the end of the Defects Liability period.

2.1.1.3 The CONTRACTOR will be permitted to furnish a Bank Guarantee for the full Security

Deposit of 10% (ten percent) of the Total Contract Value, in advance, in which case, no Initial Security Deposit will be required to be furnished and no deductions shall be made from his running bills towards Retention Money, except as may be required in terms of clauses 2.1.1.1 and 2.1.1.6 hereof.

2.1.1.4 The CONTRACTOR may, at any time and from time to time, during the course of or

after completion of the work, with the permission of the OWNER, substitute his cash security deposit, including retention money(ies) deducted from his bills and lying with the OWNER, by Bank Guarantee(s) in the prescribed proforma from a Scheduled Bank in India acceptable to the OWNER and withdraw the equivalent cash amount(s), provided the amount covered by any such Bank Guarantee is not less than Rs.1 lakh (Rupees One lakh only).

2.1.1.5 The Earnest Money deposited by the CONTRACTOR along with his Tender shall,

unless it has been adjusted in accordance with clause 2.1.1.2(b) above, be refunded by the OWNER, after the Initial Security Deposit or the full Security Deposit, as the case may be, has been deposited by the CONTRACTOR.

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2.1.1.6 If at any time during the course of the work, the gross value of the work, as reflected by the Running Bills submitted by the CONTRACTOR has in the opinion of the OWNER (which shall be final and binding on the CONTRACTOR), exceeded or is likely to exceed the Total Contract Value indicated in the acceptance of Tender, the CONTRACTOR shall be bound to pay further Security Deposit as will make up the total Security Deposit to 10%(ten percent) of the then anticipated Contract Value, failing which the OWNER shall be at liberty to make such deductions towards Retention Money(ies) from the CONTRACTOR's Running Bills, and will, at all times, ensure that the Security Deposit does not fall below 10% (ten percent) of the gross value of the work, as reflected by the gross payments made to the CONTRACTOR, without taking into account any deductions. If the shortfall in Security Deposit is discovered after completion of the work, the shortfall shall be made good by the CONTRACTOR on demand from the OWNER, failing which, it will be recovered from any money (ies) due to the CONTRACTOR from the OWNER under this contract and/or any other contract with the OWNER.

2.1.1.7 If after completion of the work, the Total Contract Value falls below the Total Contract Value as indicated in the Acceptance of tender, such that the total Security Deposit (made up of initial Security Deposit and Retention Money(ies) or otherwise) in the hands of the OWNER is in excess of the Total Security Deposit calculated at 10% (ten percent) of the reduced contract value, such excess amount, as is in the form of cash in the hands of the OWNER, shall be refunded to the CONTRACTOR alongwith the Final Bill. If the Security Deposit furnished by the CONTRACTOR to the OWNER in the form of Bank Guarantees is in excess of the full Security Deposit calculated on the contract value, by over Rs.1 lakh, the CONTRACTOR shall be permitted to replace the Bank Guarantee(s) already submitted, by Bank Guarantee(s) to cover the reduced value of Security Deposit.

2.1.1.8 The Security Deposit shall be held by the OWNER as security for the due performance

of the CONTRACTOR’s obligations under the Contract, PROVIDED that nothing herein stated shall make it incumbent upon the OWNER to utilize the Security Deposit in preference to any other remedy which the OWNER may have, nor shall be construed as confining the claims of the OWNER against the CONTRACTOR to the quantum of the Security Deposit.

2.1.1.9 The Security deposit including the Earnest Money/ Retention money(ies), and other

withheld amounts from the Running Account Bill(s), if any, at any time remaining in the hands of the OWNER, shall be free of any liability for payment of any interest to the CONTRACTOR.

2.1.1.10 Upon determination of the contract prior to completion of work(s) for any cause, the

OWNER shall in so far as the Security Deposit constitutes cash refund and in so far as the Security Deposit is in any other form, release/discharge/return, as the case may be, to CONTRACTOR, the unutilized balance of the Security Deposits, if any, for the time being remaining in the hands of the OWNER after settlement of accounts and discharge of all amounts due from the CONTRACTOR to the OWNER and fulfillment of all obligations of the CONTRACTOR.

2.1.2.0 In case Mobilisation Advance is paid to the CONTRACTOR under the provisions of

Clause 6.4.6.0 hereof, it shall be permissible for the CONTRACTOR to furnish a Composite Bank Guarantee to cover both Mobilisation Advance as well as Retention Monies forming part of the Security Deposit, which shall be subject to the following conditions:

a) The Composite Bank Guarantee will be for a value equivalent to the advance

or 10% (ten percent) of the Total Contract Value, whichever is greater, and shall be kept valid upto 3 (three) months beyond the expiry of the Defect Liability Period;

b) In addition, Initial Security Deposit shall be payable as laid down in Clause

2.1.1.2 hereof;

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c) Recoveries will be effected from each Running Account Bill at the rate of 10% (ten percent) of the gross bill value, till the entire Mobilisation Advance (together with interest accrued thereon) is fully recovered;

d) Initially, the composite Bank Guarantee will be entirely reckoned towards Mobilisation Advance and progressively, the portions of Composite Bank Guarantee, vacated by the recoveries effected towards Mobilisation Advance, shall be reckoned towards Security Deposit, such that after the Mobilisation advance stands fully recovered with interest accrued thereon, the entire composite Bank Guarantee shall be reckoned to cover the Security Deposit for the Work. The Initial Security Deposit furnished by the Contractor under (b) above shall be refunded/ returned after recovery of Mobilisation Advance is effected from the R.A. Bills upto an aggregate amount equivalent to the Initial Security Deposit.

e) All the other stipulations hereof in respect of Security Deposit shall apply.

2.1.3.0 The CONTRACTOR shall from time to time at the request of the OWNER suitably extend the validity of any Bank Guarantee (whether furnished by way of Initial Security Deposit, Security Deposit or Composite Bank Guarantee) or to secure any advance for such period(s) as may from time to time be required by the OWNER failing which, without prejudice to any other right or remedy available to the OWNER, the OWNER shall be entitled to encash the Bank Guarantee.

2.2.0.0 PLANS, DRAWINGS, SPECIFICATIONS AND APPROVALS TO BE FURNISHED BY

THE OWNER 2.2.1.0 Plan(s) and drawing(s) and other information forming part of the Tender Documents

shall constitute only a general guidance to enable the CONTRACTOR to visualise the work and/or supplies contemplated under the Contract. These have been prepared and released in good faith on the basis of information available to the OWNER. The OWNER assumes no responsibility as to the correctness thereof, and the CONTRACTOR is expected prior to tendering to have undertaken a complete and independent survey and to have made his own study of all factors relevant to the performance of the work or making the supplies.

2.2.2.0 Detailed working plan(s), drawing(s), any specification(s) and approval(s) required to

be furnished by the OWNER for the actual execution of the work shall be furnished from time to time as and when required during the execution of the work.

2.2.3.0 It shall be the exclusive responsibility of the CONTRACTOR to call upon the Engineer-in-charge (in respect of approvals to be furnished by the OWNER) for and to pursue and obtain from the Engineer-in-Charge any plan(s), drawings(s), specification(s) or approval(s) required to be furnished to the CONTRACTOR under the contract for the proper execution of the work or any particular item or job therein or the making of any supply, as the case may be, as and when required, sufficiently in advance of the stage of delivery of the materials or of the commencement or progress of the work for the performance or continuance of which the same shall be required. Any failure by the CONTRACTOR to do so shall be entirely at the risks and costs of the CONTRACTOR and shall not constitute a ground for the extension of time, unless the Engineer-in-Charge shall fail to provide the CONTRACTOR plan(s), drawing(s), specification(s) or approval(s) or disapproval(s)as the case may be within 15 (fifteen) days of notice by the CONTRACTOR to the Engineer-in-charge specifically stating the drawing(s), specification(s) or approval(s) which is/are pending, the period for which it/they are pending, the reason(s) for which they are pending, and that the notice is being given pursuant to the provisions of this clause on the clear understanding that if the plan(s), drawing(s), specification(s), or approval(s) or disapproval(s), is/are not granted within 15 (fifteen) days, the CONTRACTOR will be making claim for deemed approval pursuant hereto. If thereafter, said notice notwithstanding, the approval or disapproval, as the case may be, is not granted within 15 (fifteen) days, the relative approval(s) in Code 2 shall be deemed to have been granted, and the relative approval shall at the request of the CONTRACTOR be certified thereon by the General Manager, and the CONTRACTOR shall proceed with the work accordingly, without entitlement to any extension of time on this account.

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2.2.4.0 The CONTRACTOR shall carefully study the plans/drawings furnished to him, in

conjunction with all other connected plans/drawings and other Contract documents and shall bring to the notice of the Engineer-in-Charge for clarification/correction any ambiguity, error, discrepancy, contradiction or omission therein prior to the execution of the related work (s) or undertaking the related supply(ies) as the case may be, and the provisions of Clause 2.0.9.0 hereof shall mutatis mutandis apply to such clarification or correction.

2.2.4.1 Any work performed by the CONTRACTOR in absence of or contrary to such

clarification/correction, shall be at the CONTRACTOR’s risks and responsibilities and the provisions of Clauses 2.0.10.0 and 5.1.5.0 hereof and associated clauses thereunder with respect to defective works shall apply thereto.

2.2.5.0 Notwithstanding anything to the contrary in the Contract Documents expressed or

implied, and notwithstanding the absence of any ambiguity, error, discrepancy, contradiction or omission in the plans/drawings as aforesaid, the OWNER shall be entitled at any time before or during execution of the related work(s) to amend/ modify or alter any plan(s), drawing(s) or specifications furnished to the CONTRACTOR by the OWNER and the CONTRACTOR shall thereafter perform and/ or continue to perform the related work(s) according to the amended/ modified/ altered plans/ drawings/ specifications without entitlement to any extra remuneration and should the CONTRACTOR execute any relative work(s) at variance therewith (notwithstanding that the CONTRACTOR shall have already been made any payment in respect thereof), the provisions of Clause 5.1.5.0 hereof and associated clauses thereunder relating to defective works shall apply thereto, provided that:

If any such amendment/ modification/ alteration shall in the opinion of the CONTRACTOR, necessitate an extension of time for completion, the provisions of Clause 4.3.5.0 hereof and clauses related thereto shall apply.

(ii) If such amendment or modification shall in the opinion of the Engineer-in-

Charge (whose opinion in this behalf shall be final and binding upon the CONTRACTOR) necessitate the performance of any work not covered by the Schedule of Rates or the lump sum price, as the case may be, the remuneration for such work or portion or item thereof, shall be determined in accordance with the provisions of Clause 2.4.1.2 hereof.

2.2.6.0 Copies of all plans and drawings relating to work(s) shall be kept and maintained at the

CONTRACTOR's office at the site and shall be made available to the Engineer-in-Charge and Site Engineer for inspection and reference at any time during the execution of work.

2.2.7.0 All plans and drawings furnished by the OWNER to the CONTRACTOR shall be and

remain the properties of the OWNER and shall be returned by the CONTRACTOR to the OWNER on completion of the works or prior determination of the contract.

2.3.0.0 PLANS, DESIGNS, DRAWINGS & SPECIFICATIONS TO BE FURNISHED BY THE

CONTRACTOR 2.3.1.0 Where the CONTRACTOR shall, within the scope of work, be required to prepare or

furnish any plan(s), drawing(s), design(s) or specifications in respect of the work or any particular work, the CONTRACTOR shall within 15 (fifteen) days (or such other period as the OWNER may prescribe in this behalf) of receipt of notification of Acceptance of Tender or within 15 (fifteen) days before the proposed date of commencement of the relative work, whichever shall be earlier, submit to the OWNER for approval the relative plan(s), drawing(s), design(s) or specification(s). The OWNER shall be entitled at any time to suggest any amendment(s)/ modification(s) in the plans, designs, drawings or specifications and theCONTRACTOR shall thereupon either onvince the OWNER of the unnecessity in whole or portion of such amendment/ modification or shall implement the same and shall cause the plans, drawings, designs or specifications to be accordingly amended, provided that no such approval of or

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amendments or modifications in the plans, drawings, designs or specifications by or suggested by the OWNER shall anywise absolve the CONTRACTOR of any of his obligations, responsibilities or liabilities under the Contract inclusive of and relative to theutility and suitability of the CONTRACTOR's plans, drawings, designs or specifications for the relative work(s) and the fulfillment of all specifications and performance guarantees of the consequent works, any such approval is intended only to satisfy the OWNER of the prima facie suitability of plan, drawing, design or specification and any such suggestion by the OWNER as aforesaid or otherwise is intended only by way of suggestion to the CONTRACTOR to meet the contractual requirements, without any attendant liability upon the OWNER.

2.3.2.0 The CONTRACTOR shall not permit any work to be done or any installation, material

or equipment to be supplied or fabricated or erected at variance with plans, drawings, designs or specifications approved by the OWNER and/ or amended or modified as aforesaid.

2.3.3.0 Unless otherwise required, at least 3 (three) sets of all approved plans, drawings,

designs and specifications prepared by the CONTRACTOR, together with similar set of all revisions, amendments, and modifications therein shall be lodged with the OWNER for the record of the OWNER. Such sets of plans, drawings, designs and specifications shall be signed by the CONTRACTOR and shall indicate thereon the number and date of each revision, amendment and/or modification of communication by the OWNER or any consultant appointed by the OWNER for or relative to the approval thereof.

2.4.0.0 ALTERATIONS IN DESIGNS, PLANS, DRAWINGS, SPECIFICATIONS, ORDERS

AND INSTRUCTIONS 2.4.1.0 In addition to the provisions of Clause 2.2.0.0 and associated clauses thereunder, the

Engineer-in- Charge and/ or Site Engineer shall have the power by written notice to the CONTRACTOR at any time prior to or in the course of the execution of works or any part thereof to alter or amend the specifications, orders and/ or instructions or any of them by addition, omission, substitution or otherwise howsoever with or without altering or amending the plans, drawings and/ or designs and the CONTRACTOR shall carry out the related work in accordance with such altered specifications, orders, instructions, plans, drawings and/ or designs as the case may be, on the same terms and conditions in all respects, subject to the provisions of Clause 2.4.1.2 hereof.

2.4.1.1 If such alteration or amendment shall, in the opinion of the CONTRACTOR, necessitate an extension in the time for completion, the provision of Clause 4.3.5.0 hereof and related clauses with regard to the extension of time, shall apply.

2.4.1.2(a) If such alteration or amendment shall, in the opinion of the Engineer-in-Charge (whose

opinion in this behalf shall be final and binding upon the CONTRACTOR), necessitate the performance of any work not covered by the Schedule of Rates, the remuneration for such work or portion or item thereof not covered by the Schedule of Rates shall be determined in the following manner:

(i) If it is possible to derive the rate(s) for such work or items of work from any of

the items of material and/ or work covered in the Schedule of Rate(s), the rate(s) for the relative works/ items shall be the rate(s) arrived at on the basis of such derivation. The opinion of the Engineer-in-Charge as to whether or not the relative rates can be derived from the rates for the items of material and/ or work included in the Schedule of Rates and the consequent derivation of rate(s) on basis thereof shall be final and binding upon the CONTRACTOR.

(ii) If, in the opinion of the Engineer-in-Charge, the relative rate(s) shall not be

derivable within the provisions of paragraph(i) hereof above, the relative rate(s) shall be the rate(s) for the work or items of work settled as follows:

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An analysis of the rate for the completed work or items shall be prepared by taking (if and so far as applicable):

A) Issue rate(s) for materials supplied by the OWNER, if applicable;

B) Materials supplied by the CONTRACTOR and incorporated in the permanent works at the rate(s) (if any) for material specified in the relevant Schedule forming part of the Contract; and

C) Labour cost at rate(s) for labour, if any, specified in the relevant Schedule forming part of the Contract.

(iii) The opinion of the Engineer-in-Charge as to the quantity of material and/ or labour involved shall be final and binding on the CONTRACTOR.

(iv) In the event of any item of material or labour involved not being covered by the

relevant schedule forming part of the Contract for the purpose of determining the rates in terms of items (B) and/ or (C) of paragraph (ii) above, market rates shall be taken into account for such items of materials and labour as are not covered by the relevant schedules forming part of the contract and there shall be added thereto 15% (fifteen percent) to cover CONTRACTOR's supervision, overheads and profits. For the purpose of clarification, it is stated that 15% (fifteen percent) addition shall apply only for any item not covered by the relevant schedule of the Contract.

(v) The opinion of the Engineer-in-Charge as to whether or not any particular

item(s) of material(s) or labour involved is covered by the relevant Schedule(s) and if not as to the market rate(s) thereof shall be final and binding upon the CONTRACTOR.

(b) If any alteration, amendment or modification shall, in the opinion of the Engineer-in-

charge (whose opinion in this behalf shall be final and binding upon the CONTRACTOR) result in a reduction or increase or change in the work or supply covered by the lump sum Price so as to render unreasonable the lump sum Price, the OWNER and the CONTRACTOR shall negotiate a suitable increase or reduction, as the case may be, in the lump sum Price, and failing agreement on a negotiated rate for the item by appropriate reduction/increase, as the case may be, the Engineer-in-Charge shall fix the reduction or increase as he considers reasonable in the circumstances to the lump sum Price, and the lump sum Price shall be deemed to be accordingly amended to the extent applicable to the work covered by the alteration or amendment.

2.4.1.3 Pending finalization in respect of the revised rate of any item in the Price Schedule or

increase/reduction in the lump sum Price pursuant to the provisions of clause 2.4.1.2 hereof, the CONTRACTOR shall continue and be bound to continue and perform the works and/or make the supply to completion in all respects according to the contract (unless the contract or works be determined by the OWNER) and the CONTRACTOR shall be liable and bound in all respects under the contract.

2.4.2.0 The rate(s) for any work determined in accordance with the provisions of Clause 2.4.1.2 above shall for the purpose of the Contract with respect of the work or items of work or supply affected by such amendment, alteration or modification be deemed to be rate(s) for such work or item(s) of work within the Schedule of Rates, or the lump sum Price, as the case may be.

2.4.3.0 The CONTRACTOR shall not be entitled to any compensation in addition to the

payment for the work actually performed by the CONTRACTOR calculated on the basis of the Schedule of Rate(s) or lump sum Price or as provided for in Clause 2.4.1.2 hereof, as the case may be, as a result of any amendment or variation in the specification, orders, instructions, plans, designs or drawings notwithstanding that such alteration(s) / variation(s) may have resulted in a reduction of the total quantum or value of the work involved under the Contract, except as provided for in clause 2.6.2.0 hereunder.

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2.5.0.0 ALTERATION IN THE SCOPE OF WORK 2.5.1.0 The OWNER may, at any time(s) before or after the commencement of the work, by

notice in writing issued to the CONTRACTOR, alter the scope of work by increasing or reducing the works or the jobs required to be done by the CONTRACTOR or by adding thereto or omitting therefrom any specific works or jobs or operations or by substituting any existing works or jobs or operations with other works or jobs and/ or operations, or by requiring the CONTRACTOR to perform any additional works in or about the job site, and upon receipt of such notice, the CONTRACTOR shall execute the job(s) as required within the altered scope of work.

2.5.2.0 If any alteration in the scope of work shall, in the opinion of the CONTRACTOR,

necessitate any extension in the time for completion, the provisions of Clause 4.3.5.0 hereof and associated clauses with regard to the extension of time shall apply.

2.5.3.0 (a) If such alteration shall, in the opinion of the Engineer-in-Charge (whose opinion

in this behalf shall be final and binding upon the CONTRACTOR), necessitate the performance of any work not covered by the Schedule of Rates, the remuneration for such work or portion or item thereof not covered by Schedule of Rates shall be determined in accordance with the provisions of Clause 2.4.1.2 hereof.

(b) If in the opinion of the Engineer-in-Charge (whose opinion in this behalf shall

be final and binding upon the CONTRACTOR) any alteration in the scope of the work shall result in any reduction or increase or change in the work or supply covered by the lumpsum price so as to render unreasonable the lump price, the lump sum Price shall be increased or reduced, as the case may be, in accordance with Clause 2.4.1.2 hereof.

2.5.3.1 Pending determination of the rates aforesaid, the provisions of clause 2.4.2.0 shall

mutates mutandis apply. 2.5.4.0 The CONTRACTOR shall not be entitled to any compensation in addition to the

payment for the work actually performed by the CONTRACTOR calculated on the basis of the Schedule of Rates or lumpsum Price or as provided in Clause 2.4.1.2 hereof, as the case may be, as a result of any alteration in the scope of work notwithstanding that such alteration may have resulted in a reduction in the total quantities or value of work involved, except as provided for in clause 2.6.2.0 hereunder.

2.6.0.0 QUANTITIES OF WORK 2.6.1.0 Subject to the provisions of Clause 2.6.2.0 hereof, the quantities of work stated in the

Form of Schedule of Rates do not form part of the Contract and the OWNER shall not be liable for any increase or decrease in the actual quantities of work performed (notwithstanding the percentage of such increase or decrease), nor shall such increase or decrease in the actual quantities form the basis of any alteration of rates quoted and accepted or in the lump sum price or for any claim for additional compensation, damages or loss or profits or otherwise, with the intent that the CONTRACTOR shall notwithstanding the quantities mentioned in the Form of Schedule of Rates only be entitled to payment in respect of actual quantities of work performed in terms of the contract and measured in the Final Measurements, notwithstanding the percentage of increase or shortfall in such quantities and notwithstanding that the total contract value for the completed works on finalization of all dues to the CONTRACTOR under the contract shall be less than the total contract value as specified for the purpose of Security Deposit in the Acceptance of Tender.

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2.6.2.0 If, as a consequence of such amendments/ variations/ alterations/ modifications/ reductions, as envisaged in clauses 2.4.0.0 and/or 2.5.0.0 hereof and associated sub clauses thereunder, or pursuant to Clause 2.6.1.0 hereof, the quantities of work and the gross value of work actually performed by the CONTRACTOR, as valued on finalization of all dues to the CONTRACTOR under the contract, shall be less than 80% (eighty percent) of the Total contract value, then the CONTRACTOR shall be entitled to 15% (fifteen percent) of the amount by which the reduced contract value as aforesaid falls short of 80% (eighty percent) of the total contract value by way of allowance for the advantage (including profit) which the CONTRACTOR may have anticipated on the execution of the work up to the total contract value. And the CONTRACTOR shall not be entitled to any compensation in addition to the payments specifically provided for above, and the CONTRACTOR hereby specifically waives any and all contrary rights and claims whatsoever.

2.7.0.0 CANCELLATION OF CONTRACT 2.7.1.0 The OWNER shall be entitled at any time at his discretion to cancel the contract, if, in

the opinion of the OWNER, the cessation of the work becomes necessary owing to any cause whatsoever, and a notice in writing from the OWNER to the CONTRACTOR of such cancellation and the reason(s) therefor shall be conclusive proof of such cancellation and the reasons therefor.

2.7.2.0 Upon cancellation of the Contract, the Engineer-in-Charge may require the

CONTRACTOR:

i) To perform to completion or to any other intermediary stage of completion to the satisfaction of the Engineer-in-Charge any work(s) already commenced by the CONTRACTOR and

ii) To take such steps as are considered necessary by the Engineer-in-Charge for

properly protecting and securing the works performed by the CONTRACTOR, to the satisfaction of the Engineer-in-Charge:

And the CONTRACTOR shall act accordingly and the same shall be deemed to be included within the CONTRACTOR's scope of work.

2.7.3.0 Upon receipt of a notice as specified in Clause 2.7.1.0 hereof the CONTRACTOR shall, unless the notice otherwise requires:

i) Immediately discontinue work and/or supply from the date and to the extent specified in the notice;

ii) Not place any further orders or sub-Contracts for materials, services or facilities other than as may be necessary or required for completing or performing such portion of the work (s) or supplies which the CONTRACTOR is required to complete or perform;

iii) Promptly make every reasonable effort to obtain cancellation or fulfillment, as the case may be, at the option of the Engineer-in-Charge/OWNER of all orders and sub-CONTRACTORS to the extent they relate to the performance of the work(s) or supplies cancelled.

iv) Assist the Engineer-in-Charge/OWNER as specifically requested in writing by the Engineer-in-Charge/OWNER in the maintenance, protection and disposition of property/works acquired by the OWNER pursuant to the Contract.

2.7.4.0 Upon cancellation of the Contract, the OWNER shall take over from the CONTRACTOR the approved surplus materials supplied by the CONTRACTOR for permanent incorporation in the work and lying at the job site on the date of receipt of notice of cancellation by the CONTRACTOR, and the decision of the Site Engineer as to the approved materials lying at site on the date of cancellation and the quantities thereof shall be final and binding upon the CONTRACTOR.

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2.7.5.0 Upon cancellation of the Contract, the CONTRACTOR agrees to waive any claim for damages, including loss of anticipated profits on account thereof, and as the sole right and remedy of the CONTRACTOR against the OWNER resultant upon such cancellation, the CONTRACTOR agrees to accept from the OWNER the following, namely:

i) The cost of settling and paying claims for cancellation or completion of pending

orders and/or sub contracts as provided for in sub-clause (iii) of Clause 2.7.3.0 hereof;

ii) The cost of protecting, securing and/or maintaining the works pursuant to the provisions of sub-clause (ii) of Clause 2.7.2.0 hereof and/or sub-clause (iv) of Clause 2.7.3.0 hereof;

iii) Payment for the supplies actually made determined in accordance with the provisions of Clause 2.4.1.2 hereof.

iv) Payment for the work actually performed by the CONTRACTOR calculated on the basis of Unit Rates or lump sum rates wherever applicable. Where Unit Rates or lump sum rates are not applicable and/or the relative works are incomplete, the provisions of Clause 2.4.1.2 shall apply for calculating remuneration.

v) The cost of materials taken over by the OWNER pursuant to the provisions of clause 2.7.4.0 hereof.

vi) An allowance, if any due, as determined by the Engineer-in-Charge (whose decision shall be final) to cover the cost of CONTRACTOR's actual mobilization and demobilization at job site for the work to the extent uncovered by payments under items (i) to (iv) above. And the CONTRACTOR shall not be entitled to any compensation in addition

to the payments specifically provided for above, and the CONTRACTOR hereby specifically waives any and all contrary rights and claims whatsoever.

2.8.0.0 SUSPENSION OF WORK 2.8.1.0 The Engineer-in-Charge may at any time(s) at his discretion, should he consider that

the circumstances so warrant (the decision of the Engineer-in-Charge as to existence of circumstances warranting such suspension shall be final and binding upon the CONTRACTOR), by notice in writing to the CONTRACTOR temporarily suspend the work or supply or any part thereof for such period(s) as Engineer-in-Charge shall deem necessary and the CONTRACTOR shall upon receipt of the order of suspension forthwith suspend the work(s) or supply (ies) or such part thereof as shall have been suspended until he has received a written order from the Engineer-in-Charge to proceed with the work suspended or any part thereof.

2.8.1.1 During the period of any suspension under Clause 2.8.1.0 the CONTRACTOR shall at

his own cost within the scope of the relative work properly protect and secure the work and materials so far as is necessary in the opinion of the Engineer-in-Charge.

2.8.2.0 If the suspension under Clause 2.8.1.0 is for reasons of force majeure as defined in

Clause 4.3.8.0 or by reason(s) of default or failure on the part of the CONTRACTOR or is for the purpose of ensuring safety of the work(s) or any part thereof or is necessary for the proper execution of the work(s) or is for reason(s) of weather affecting the safety or quality of the work(s) or materials (thereasons for the suspension stated by the Engineer-in-Charge in any notice of Suspension as aforesaid, inclusive as to existence of default or failure on the part of the CONTRACTOR, if so stated in the notice, shall be final and binding upon the CONTRACTOR), the CONTRACTOR shall not be entitled to claim compensation for any loss or damage sustained by the CONTRACTOR by virtue of any suspension as aforesaid notwithstanding that consequent upon such suspension the machinery, equipment and/or labour of the CONTRACTOR or any part thereof shall be or become or be rendered idle and notwithstanding that the CONTRACTOR shall be liable to pay salary, wages or hire charges or bear other charges and expenses thereof.

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2.8.2.1 Unless the suspension is by reason of default or failure on the part of the CONTRACTOR (and the reasons for the suspension stated by the Engineer-in-Charge in any notice of suspension as aforesaid inclusive as to the existence of default or failure on the part of the CONTRACTOR if so stated in the notice, shall be final and binding upon the CONTRACTOR), if in the opinion of the CONTRACTOR such suspension shall necessitate any extension in the time of completion, the provisions of Clause 4.3.5.0 hereof and related clauses in respect of extension of time shall apply.

2.8.2.2 In the event of a suspension affecting the entire works remaining in operation in

respect of the entire works for a period in excess of 4 (four) months from the date of commencement of the suspension, the CONTRACTOR shall have the option at any time before the issue of an order by OWNER or the Engineer-in-Charge removing the suspension, to terminate the Contract by written notice thereof to the OWNER. Unless the suspension be by reason of default or on the part of the CONTRACTOR, as specified in Clause 2.8.2.0 hereof, such termination be deemed to operate as a cancellation of Contract within the provisions of Clause 2.7.1.0 and the provisions of Clause 2.7.2.0 to 2.7.5.0 hereof shall mutatis mutandis apply thereto.

2.8.2.3 In the event of such termination being upon a suspension consequent to a default or

failure by the CONTRACTOR, the CONTRACTOR shall not be entitled to any damage, compensation, loss of profit or other compensation whatsoever in addition to payment for the completed supplies made and completed works done in terms of the Contract in accordance with the provisions of sub-clauses (iii), (iv) & (v) of clause 2.7.5.0 hereof.

2.8.2.4 Notwithstanding anything provided in Clause 2.7.0.0 and/or Clause 2.8.0.0 and related

Clauses thereunder, upon a cancellation of the contract under the provisions of Clause 2.7.1.0 hereof or termination of the contract under provisions of Clause 2.8.2.2 hereof, the provisions of Clauses 7.0.3.0 to 7.0.7.0 hereof consequent upon termination of Contract, shall apply. Should the termination be one to which the provisions of Clause 2.8.2.3 hereof apply, then the provision of Clauses 7.0.2.0, 7.0.8.0, 7.0.9.0, 7.1.0.0 and 7.2.0.0 consequent upon termination of Contract shall also mutatis mutandis apply.

2.8.2.5 Except for a suspension by a written order of the Engineer-in-Charge under clause

2.8.1.0 hereof, the CONTRACTOR shall not suspend the work for any cause and any such suspension if occur, shall be likely to be attended by consequences under clause 7.0.1.0 (i)(g) hereof.

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SECTION – 3

MATERIALS, LABOUR AND EQUIPMENT

3.0.0.0 CONTRACTOR'S RESPONSIBILITY 3.0.1.0 Notwithstanding anything to the contrary in the Contract Documents express or implied,

the CONTRACTOR shall be and remain at all times exclusively responsible to provide all material, labour, equipment, machinery, facilities, utilities and consumables and temporary works and other items and things whatsoever required for or in connection with the work, including, but not limited to those indicated by expression or implication in the Job Description, Schedule of Rates, the Specification, Plans, Drawings, and/or other Contract Documents or howsoever otherwise as shall or may from time to time and at any time be necessary for or in connection with the work, either for incorporation in or within the permanent works or in or relative to the execution and performance of the work.

3.1.0.0 MATERIALS SUPPLIED BY THE CONTRACTOR 3.1.1.0 Materials supplied by the CONTRACTOR shall conform to the specifications and shall be suitable for the purpose for which they are required. 3.1.2.0 Unless otherwise specified by the OWNER, all materials supplied by the

CONTRACTOR shall bear the ISI stamp and shall be supplied by reputed manufacturers or suppliers approved by the OWNER or listed for the relative materials with the DGS&D and/or borne on the approved list of suppliers maintained for relative items by such organizations as are approved by the Engineer-in-Charge. If in respect of any materials, including but not limited to sand, stone, aggregate, bricks, earth, lime, steel and cement neither ISI marking/ approval nor any approved list of suppliers is available, such materials shall be obtained from sources/suppliers/manufacturers approved by the Engineer-in-Charge provided that no approval by the Engineer-in-Charge or any other representative of the OWNER for the supply of ISI stamped materials or of materials supplied by DGS&D listed suppliers or other approved suppliers shall relieve the CONTRACTOR of his full responsibility in respect of the suitability and quality of the material or any defects therein or in any works or construction in or relative to which the same has been utilized.

3.1.3.0 Notwithstanding that any area(s) or source(s) has/have been allotted or suggested by

the OWNER to the CONTRACTOR from which any materials for incorporation in the works can be obtained, the CONTRACTOR shall independently satisfy himself of the suitability, accessibility and sufficiency of the source(s) of supply suggested or allocated by the OWNER and suitability of materials available from such source(s), with the intent that any allotment or suggestion as aforesaid shall not anywise relieve the CONTRACTOR of his full liability in respect of the suitability and quality of material(s) therefrom and incorporate the same within the permanent works entirely at his own risks and costs in all respects, with the intent that any such allocation or suggestion by the OWNER shall only be by way of assistance to the CONTRACTOR and shall not entail any legal or financial responsibility or liability upon the OWNER.

3.1.4.0 Notwithstanding any other provisions in the Contract Documents for analysis or tests of

materials and in addition thereto, the CONTRACTOR, shall, if so required for reasonable cause by the Engineer-in-Charge or Site Engineer in writing, at his own risks and costs, analyze, test, prove and weigh all materials (including materials incorporated in the work(s)) required to be analyzed, tested, proved and/or weighed by the Engineer-in-Charge or Site Engineer and shall have such analysis test conducted by the agency(ies), if any, specified by the Engineer-in-Charge or Site Engineer. The CONTRACTOR shall provide all equipment, labour, materials and other things whatsoever required for testing, preparation of the samples, measurement of work and/or proof or weighment of the materials as directed by the Engineer-in-Charge or Site Engineer.

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3.1.5.0 The OWNER does not warrant or undertake the provision of any material(s) and the

CONTRACTOR shall not imply by conduct, expression or assurance or by any other means any promise or obligation on the part of the OWNER in this respect understood by the CONTRACTOR, unless made by specific written instrument forming part of the CONTRACT or appropriately entitled as an amendment to the Contract.

3.2.0.0 MATERIAL AND EQUIPMENT SUPPLIED BY THE OWNER 3.2.1.0 In the case of contracts (including for equipment erection and/or piping), for which the

OWNER undertakes the procurement and supply of equipment and materials, the supply of equipment and materials to the CONTRACTOR shall be on the following terms and conditions:

a) Deliveries shall be either from the storage of the OWNER or from the factory/storage of

supplier or from nearest suitable railhead or other point(s) of collection as may be determined by the OWNER taking into account the source(s) of supply of the material.

b) It shall be the responsibility of the CONTRACTOR at his own risks and costs to take

delivery of the materials from the stores, factory, railhead or other collection point, as the case may be, and to arrange for its loading, transportation to job site and unloading at the job site or other place of storage. The CONTRACTOR shall in taking delivery ensure compliance of any conditions for delivery applicable to deliveries from OWNER's or supplier's factory/stores or railways or other transporters concerned, and shall be exclusively responsible to pay and bear any demurrage or penalty or other charges payable by virtue of any failure or delay by the CONTRACTOR in lifting the supplies and/or any failure by the CONTRACTOR to observe the conditions of supply as aforesaid, and shall keep the OWNER indemnified from and against all consequences thereof.

c) The CONTRACTOR shall inspect the equipment and materials supplied to him at the

time of taking delivery thereof and satisfy himself of the quality, quantity and condition thereof prior to taking delivery and the OWNER shall not be liable for any claims or complaints whatsoever in respect of quality, quantity or conditions of the equipment or materials once the CONTRACTOR has taken delivery thereof.

d) The CONTRACTOR shall on receiving and opening the packing cases or other

packaging of equipment and material on behalf of the OWNER, verify and tally the actual contents with the packing list and bring any discrepancies to the notice of the Engineer-in-charge and the Site Engineer. The CONTRACTOR shall also sort out and segregate and hand over to the OWNER's stores, the Instruction Manuals, Operation and Maintenance Manuals, Special Maintenance Tools, Erection Spares, Commissioning Spares, and Maintenance Spares and other extras, if received with the main equipment. The Erection Spares may be got issued from the OWNER's stores if required, after getting authorisation from the Engineer-in-charge. The Commissioning Spares may be got issued from the OWNER's Stores, if commissioning is included in the CONTRACTOR's scope.

e) The equipment and/or material(s) supplied or procured by the OWNER shall be utilized

by the CONTRACTOR only for incorporation in the permanent works and even so shall not (unless specifically authorized by the OWNER in this behalf) be utilized for manufacturing any item(s) which can be obtained in finished form from standard manufactures.

f) The CONTRACTOR shall furnish to the Engineer-in-Charge sufficiently in advance a

detailed statement showing his requirement of the types and quantities of equipment and materials agreed to be supplied by the OWNER, indication of the time when relative types and quantities thereof shall be required by him for the works so as to enable the OWNER to verify the quantities of materials specified by the CONTRACTOR and to enable the OWNER to make arrangements for the supply thereof.

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g) The OWNER shall not be responsible for any delay in the supply of any equipment and/or materials supplied or procured or agreed to be supplied or procured by the OWNER, and no such delay or failure shall anyway render the OWNER liable for any claim for damages or compensation by the CONTRACTOR notwithstanding that an increase in the time of performance of the contract be involved by virtue of such delay and notwithstanding any labour, machinery or equipment brought upon to the job site by the CONTRACTOR for the performance of the work being rendered idle by such delay or failure, PROVIDED that if such delay shall in the opinion of the CONTRACTOR, necessitate an extension of time for completion, the provisions of Clause 4.3.5.0 hereof relating to extension of time and associated provisions thereof shall apply.

h) The CONTRACTOR shall maintain a day to day account of all equipment and materials supplied to him by the OWNER indicating the daily receipt(s), consumption and balance(s) in hand of each material and category thereof. Such account shall be maintained in such form (if any) as shall be prescribed by the Engineer-in-Charge and shall be supported by all documents necessary to verify the correctness of the entries in the account. Such account shall be maintained at the CONTRACTOR's office at the site, and shall be open for inspection and verification (by verification of documents in support of the entry as also by physical verification of the stocks) at all times by the Engineer-in-charge and Site Engineer without notice, and for the purpose the Engineer-in-Charge and Site Engineer shall be permitted and enabled without obstruction to enter into any godown or other place or premises where the equipment or materials or any part thereof shall be stored and to inspect the same and to take by himself and/or through his representative(s) an inventory thereof.

i) All equipment and materials supplied by the OWNER shall be taken delivery of, held, stored and utilised by the CONTRACTOR as trustee of the OWNER, and delivery of material to the CONTRACTOR shall constitute an entrustment thereof by the OWNER to the CONTRACTOR, with the intent that any utilization, application or disposal thereof by the CONTRACTOR otherwise than for permanent incorporation in contractual works in terms hereof shall constitute a breach of trust by the CONTRACTOR.

j) The CONTRACTOR shall hold and store any equipment or material(s) supplied by

the OWNER only at such place and/or premises as may be approved by the Engineer-in-Charge, provided that no such approval shall absolve the CONTRACTOR in whole or part of his full liabilities in respect of such material, and the CONTRACTOR shall be and remain responsible at all times at his own risk and cost to ensure that the material(s) supplied by the OWNER is/are retained at all times in premises that are air and water tight and otherwise suitable for the storage of the concerned equipment or materials so as to prevent damage or deterioration for any cause whatsoever or theft or other loss, and shall arrange such watch and ward therefor as shall be necessary to ensure the safety thereof.

k) The Engineer-in-Charge may at his discretion require that all premises in which any equipment or materials supplied by the OWNER are stored, shall be double-locked with the keys to one lock retained by the Site Engineer or his representative and the other with the CONTRACTOR with the intent that all issues of OWNER supplied equipment and materials shall be with concurrence of the Site Engineer or his representative, as the case may be, provided that any such double-locking and/or concurrence as aforesaid shall be an additional precaution and shall not anywise absolve the CONTRACTOR of his full liabilities or responsibilities in respect of such equipment or materials.

l) The equipment supplied by the OWNER shall be insured by the OWNER against

normal risks during transit, storage and erection. The CONTRACTOR shall, however, be responsible forthwith to make and pursue on behalf of the OWNER any and all claims under the policy(ies) and to fulfill all formalities required to obtain payment thereunder and/or to assist the OWNER in making or pursuing any such claim(s) and/or in obtaining payment thereunder.

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m) The CONTRACTOR shall be required to take out at his own cost and initiative and keep in force at all times during the pendency of the contractual work, policy(ies) of insurance against the risks of fire, lightning and theft and against any other damage or loss, for the full value of the OWNER supplied materials lying in the CONTRACTOR's custody and/or storage pending utilization/ incorporation in the work and during incorporation in the work. The insurance shall be kept valid till the completion of the work and till the materials are duly accounted for to the satisfaction of the OWNER.

n) Such insurance policy (ies) shall be in the joint names of OWNER and the

CONTRACTOR with exclusive right in the OWNER to receive all money (ies) due in respect of such policy (ies), and with right in the OWNER (but without obligation to do so) to take out and/or pay the premia for any such policy (ies) and deduct the premia and any other costs and expenses in this behalf from the money (ies) for the time being due to the CONTRACTOR.

o) Notwithstanding anything stated above, it shall be the responsibility of the

CONTRACTOR to lodge with insurers and follow up claim(s), if any, under any policy(ies) of insurance aforesaid, and nothing herein provided shall absolve the CONTRACTOR from his full liabilities under the provisions of this clause and associated provisions hereof.

p) Where the OWNER issued materials are being stored within the battery area under

the security and gate-pass control of the OWNER and are covered by the Overall Storage-cum insurance Policy taken by the OWNER for the works, the OWNER may, at his sole discretion, permit the CONTRACTOR to furnish an Indemnity Bond in the proforma prescribed by the OWNER, for the entire value of the OWNER supplied materials and for the entire duration during which the materials shall be lying in the storage and custody of the CONTRACTOR.

q) No such Insurance(s), as aforesaid, shall anywise absolve the CONTRACTOR from

his full liabilities hereunder, with the intent that the same shall be held merely by way of additional security and not by way of substitution of liability. The CONTRACTOR shall at all times be exclusively responsible for any and all loss(es), damage(s), deterioration, misuse, theft or other application or disposal of the equipment or material(s), supplied by the OWNER or any of them contrary to the provisions hereof and shall keep the OWNER indemnified from and against the same and shall forthwith at his own cost and expense replace any such equipment and material(s) lost, damaged, deteriorated, misused, stolen, applied and/or disposed as aforesaid, with other equipment or material of equivalent quality and quantity to the extent that the same is not covered by any insurance as above, and if covered, payment under the relative policy(ies) is for any reason not available to the OWNER.

r) The CONTRACTOR shall use the equipment and materials supplied by the OWNER

for incorporation in the Permanent works, carefully and judiciously with no wastage or the minimum possible wastage, wherever some wastage is inevitable or unavoidable, in any case within the wastage limit, if any, specified by the OWNER in respect of any such materials. For any excess wastage or scrap, due to misuse or injudicious, careless or wrong use of OWNER supplied materials, or in case of loss, damage or deterioration of the materials during storage with the CONTRACTOR, as to all of which the decision of the Engineer-in-charge shall be final and binding on the CONTRACTOR, the CONTRACTOR shall be bound to replace the material of equivalent quantity and grade, acceptable to the OWNER within the time limit specified by the OWNER, and where this is not possible, practicable or advisable, in the opinion of the OWNER, which shall be final and binding on the CONTRACTOR, the OWNER shall be compensated by the CONTRACTOR for the loss caused, for the replacement costs, which shall be worked out by the OWNER based on the assessed landed cost plus the costs of procurement at 15% (fifteen percent) of the assessed landed costs for the OWNER. This amount shall forthwith be remitted by the CONTRACTOR within a week of demand made by the OWNER, failing which the OWNER shall be entitled to recover/ adjust the amount demanded from any money(ies) due from the OWNER to the CONTRACTOR and/or from

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any Security or any other deposits of the CONTRACTOR lying with the OWNER, under this and/or any other contract, without any further notice to the CONTRACTOR. The decisions of the OWNER in respect of the actions contemplated in this clause shall be final and binding on the CONTRACTOR.

s) Notwithstanding anything herein provided and notwithstanding the transfer of all risks

in respect of such equipment and materials to the CONTRACTOR, the Ownership in respect of all OWNER supplied equipment and materials shall at all times be and remain in the OWNER.

t) The excess equipment and material and the scrap material generated from the work,

in so far as the OWNER supplied materials are concerned, shall be returned to the OWNER's Stores. On completion of the work, the CONTRACTOR shall duly render accounts for the materials and equipment issued by the OWNER, to the satisfaction of the OWNER. Any shortages, losses and/or damages shall be to the CONTRACTOR's account and all the conditions stipulated under sub-clause (r) above shall apply in this case also.

3.3.0.0 POWER, WATER & OTHER FACILITIES 3.3.1.0 The CONTRACTOR shall be responsible to provide within the scope of work all facilities,

consumables and utilities necessary for performance of the work including (but not limited to) water, power, transportation, labour, tools, construction and testing equipment, machinery and land at or about the job site(s) for the CONTRACTOR's field offices, godowns, workshop; residential accommodation for CONTRACTOR's staff; quarry rights and borrow areas, access roads and right(s) of way to or about the job site(s) and CONTRACTOR's offices, godowns, workshop accommodation, quarries and/ or borrow areas.

3.3.2.0 The OWNER does not warranty or undertake the provision of any facility, consumable or

utility whatsoever to the CONTRACTOR, or assistance in obtaining/ procuring the same or other assistance whatsoever for or in the performance or testing of the work and the CONTRACTOR shall not imply by conduct, expression or assurance or by any other means, any promise or obligation on the part of the OWNER contrary to the provisions hereof and any such promise or obligation understood by the CONTRACTOR shall not be binding upon the OWNER.

3.3.3.0 Any assistance which the OWNER renders to the CONTRACTOR in terms hereof or

otherwise relative to the work by provision of any facility, utility, consumables, water, power, transportation, labour, tools, construction and/ or testing equipment, and machinery, provision of land for quarries or borrow areas or for CONTRACTOR's office, godowns, workshops or accommodations or provisions of right of way, access road(s) and/ or railway siding facilities, or other facility, utility, or consumables for or in the performance of the work shall not for any cause afford a basis or defence to the CONTRACTOR for the performance of any of his obligations under the Contract, nor a ground for extension of time for completion or other claim whatsoever.

3.4.0.0 POWER SUPPLY 3.4.1.0 Without prejudice to the provisions of Clause 3.3.0.0 hereof and following clauses

thereunder, as and when adequate power supply becomes available for the site, the OWNER may at its discretion provide supply of power to the CONTRACTOR for the work from the nearest sub-station, from which source the CONTRACTOR shall at his own cost and initiative make arrangement for temporary distribution of power to CONTRACTOR's work(s) at the site.

3.4.1.1 All arrangements for the distribution of power from sources aforesaid and the work relative

thereto shall be made / performed / installed in conformity with Indian Electricity Regulations, and shall be subject to prior approval of the Site Engineer.

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3.4.1.2 The CONTRACTOR shall, at his own costs and initiative on completion or prior

determination of the work or otherwise during execution of the work, if required by the Site Engineer because of hindrance caused thereby or for any other cause, forthwith remove or re-route the distribution lines/installations or other work(s) in respect thereof as the case may be, required to be removed/ re-routed.

3.4.2.0 The OWNER shall recover from the CONTRACTOR for power consumed by the

CONTRACTOR from OWNER's source(s) of supply at the rate prescribed by the OWNER in this behalf from time to time. The amount due to the OWNER in respect of such power supplied shall without prejudice to any other mode of recovery to the OWNER, be deductible from the Running Account/ Final Bill(s) of the CONTRACTOR and/ or any monies due to the CONTRACTOR under this or any other Contract from time to time.

3.4.2.1 The CONTRACTOR shall provide at his own cost suitable electric meters approved by the

Site Engineer for measurement of Power units consumed by the CONTRACTOR for determination of the payment due thereon to the OWNER. Such meters shall be under the control and custody of the OWNER.

3.4.2.2 In the event of failure or defect of meter(s), power charges shall be calculated on the

consumption determined by the Engineer-in-Charge (whose decision shall be final both as regards the existence of a defect or failure, and as regard the power consumed).

3.4.3.0 The OWNER may at any time without notice or specifying any cause suspend or

discontinue power supply to the CONTRACTOR, and such suspension or discontinuance shall not entitle the CONTRACTOR to any compensation or damages nor shall constitute a basis for extension of time for completion.

3.4.4.0 Power supplied by the OWNER to the CONTRACTOR shall be entirely at the risk of

CONTRACTOR as to the continuity and regularity of supply, maintenance of voltage and adequacy of load without any warranty by or liability to the OWNER in respect thereof and without entitlement to the CONTRACTOR on grounds of discontinuance, fluctuation of voltage or inadequacy of load or any other cause whatsoever to claim from OWNER in respect thereof or consequences thereof.

3.5.0.0 WATER SUPPLY 3.5.1.0 Without prejudice to the provisions of Clause 3.3.0.0 hereof and the following clauses

thereunder, in the event of the OWNER having adequate source of water supply at the site available for distribution, the OWNER may at its discretion provide water to the CONTRACTOR for the work from the OWNER's source of supply upon the CONTRACTOR at his own cost and initiative providing suitable pumping installations and pipe network for the conduct of water to and distribution to the CONTRACTOR’s place of work.

3.5.1.1 Such installation, pipes and other equipment shall be laid out/ installed by the

CONTRACTOR only with the prior approval of the Site Engineer so as not to interfere with the layout and progress of the other construction work at the site and access to or about the job site.

3.5.1.2 The CONTRACTOR shall forthwith on completion of the work or earlier determination of the

contract or during the execution of the work(s), if so required by the Site Engineer, on ground of hindrance or obstruction caused thereby or other causes whatsoever at his own cost and initiative remove or re-route, as the case may be, any installations, pipes and/ or other equipment or any part or portion thereof installed or erected by the CONTRACTOR for the conduction and/ or distribution of water, and fill any trenches, ditches or other excavations made by the CONTRACTOR for the purpose thereof and restore the site to the same condition in which it was prior to the installation.

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3.5.2.0 The OWNER shall recover from the CONTRACTOR for water consumed by the

CONTRACTOR from OWNER's source of supply at the rate prescribed by the OWNER in this behalf from time to time. The amount due to the OWNER in respect thereof shall (without prejudice to any other mode of recovery available to the OWNER) be deductible from the Running Account / Final Bill of the CONTRACTOR and/ or payments due to the CONTRACTOR from time to time under this or any other contract.

3.5.2.1 The CONTRACTOR shall provide at his own cost and initiative suitable water meters

approved by the Site Engineer for measurement of water units consumed by the CONTRACTOR for determination of the payment due in this behalf to the OWNER. Such meters shall be under the custody and control of the OWNER.

3.5.2.2 In the event of failure or defect of meters, water charges shall be calculated on the

consumption determined by the Engineer-in-Charge (whose decision shall be final both as regards the existence of a defect or failure and as regards the water consumed).

3.5.3.0 The OWNER may without notice or specifying any cause suspend or discontinue water

supply to the CONTRACTOR and such suspension or discontinuation shall not entitle the CONTRACTOR any compensation or damages or constitute a basis for extension of time for completion or other claim whatsoever.

3.5.4.0 Water supplied by the OWNER to the CONTRACTOR shall be entirely at the risk of the

CONTRACTOR as to the continuity and regularity of supply and maintenance and adequacy of pressure without any warrant by or liability to the OWNER in respect thereof and without entitlement to the CONTRACTOR on grounds of discontinuance, irregularity, drop or rise in pressure or other cause whatsoever to claim from OWNER in respect thereof or the consequences thereof.

3.6.0.0 LAND 3.6.1.0 Without prejudice to the provision of Clause 3.3.0.0 hereof and following clauses

thereunder, the OWNER may at his discretion and convenience, if it has sufficient available land at its disposal, provide land to the CONTRACTOR near or about the job site, for the construction of the CONTRACTOR's field office(s), godowns, workshops, assembly yard and residential accommodation required for or in connection with the execution of the work(s). Such land shall be utilised by the CONTRACTOR only for the purpose of the contract and for the duration of the contract.

3.6.2.0 The CONTRACTOR shall at his own cost and initiative construct temporary buildings or

other accommodation necessary for the purpose and make suitable arrangements for water and power supply thereto and for provision of sanitary, drainage and dewatering arrangements thereof in accordance with plans/ designs/ layouts previously approved by the Site Engineer in this behalf.

3.6.3.0 Any land provided by the OWNER to the CONTRACTOR within the provisions hereof shall

be strictly on a licence basis, and shall not create any right, title or interest whatsoever in the CONTRACTOR herein or in respect thereof.

3.6.4.0 The CONTRACTOR shall pay the licence fee @ Rs.20/- (Rupees Twenty only) per 100

(One hundred) square meters or part thereof, per month or part thereof, for any land made available to the CONTRACTOR within the provisions hereof, and the OWNER shall be entitled (without prejudice to any other mode of recovery), to recover licence fee from the Running / Final Bill(s) of the CONTRACTOR and/ or any other payments due to the CONTRACTOR from time to time under this or any other contract.

3.6.5.0 Notwithstanding anything herein provided, the OWNER reserves the right at any time

during the pendency of the work to ask the CONTRACTOR to vacate the land or any part thereof on giving 7 (seven) days written notice to the CONTRACTOR in this behalf.

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3.6.5.1 Forthwith on or before the expiry of such notice or within two weeks of the completion of the works or the earlier determination of the Contract, the CONTRACTOR shall remove all constructions, works, piping and other installations, whatsoever, not forming part of the contractual works put up or erected by the CONTRACTOR upon the land, and shall have the land cleared, levelled and dressed to the satisfaction of the Engineer-in-Charge.

3.6.5.2 The CONTRACTOR shall not be entitled upon any vacation or notice within the provisions

of Clause 3.6.5.0 hereof to claim any resultant compensation or damage from the OWNER, nor shall such notice or vacation constitute a ground or basis for any extension of time for completion.

3.6.6.0 Likewise, the OWNER may at its discretion and convenience upon such terms and

conditions as the OWNER may prescribe in this behalf, arrange or allocate or provide to the CONTRACTOR, borrow area(s) or quarry or mining rights and/ or any right(s) of way or other access to or about the job site and unless specifically excluded, the provisions of Clause 3.1.3.0 hereof above, shall apply in respect of any borrow area, quarry, mining right and/ or right of way or other access allocated, arranged, provided or permitted by the OWNER to the CONTRACTOR.

3.6.6.1 The OWNER shall be entitled, at any time without notice to the CONTRACTOR, to suspend

or withdraw use by the CONTRACTOR of any such area, right or access as aforesaid and no suspension or withdrawal of such facility, or disruption or inadequacy thereof by virtue of flood, disrepair or other cause whatsoever, shall form the basis of any claim by the CONTRACTOR, for compensation or damages or ground for extension of time for completion. Upon such notice or within two weeks of the completion of the works or the earlier determination of the Contract the provisions of Clause 3.6.5.1 hereof shall mutatis mutandis apply.

3.7.0.0 Notwithstanding anything herein provided, the provisions of Clause 7.0.5.0 to 7.0.7.0 hereof

and related clauses applicable consequent upon termination of contract shall apply to any breach by the CONTRACTOR of his obligations within the provisions of Clause 3.4.1.2, 3.5.1.2, 3.6.5.1 and 3.6.6.1 hereof as to a breach of Clause 7.0.5.0 hereof.

3.8.0.0 ACCESS TO SITE 3.8.1.0 The CONTRACTOR shall construct, if necessary at his own cost and initiative, temporary

access road to the site from the main public feeder road(s) and from borrow areas and mines and quarries, and shall so align such roads or ways so as not to interfere with the construction of the site or hamper construction of pavement roads by or on behalf of the OWNER or other CONTRACTORS operating at or about the job site.

3.8.2.0 The CONTRACTOR shall, if so required or relative to the performance of any other work at

the site or construction of permanent roads, suspend, discontinue use of and/ or re-route any access road constructed by him. No suspension, discontinuance or re-routing as aforesaid shall form the basis of any claims by the CONTRACTOR against the OWNER for compensation of damages or ground for extension of time for completion or other claim whatsoever.

3.9.0.0 LABOUR, MACHINERY & EQUIPMENT 3.9.1.0 If, during the execution of the works, the OWNER shall for any cause find it necessary to do

so, the OWNER may, at its discretion and convenience provide labour, machinery and/ or equipment to the CONTRACTOR for the performance of the work and/ or testing of the works. The terms and conditions for provisions and/ or hiring of such labour, equipment, machinery shall, in addition to any other condition relative thereto as may be specified by the OWNER, unless expressly excluded, be deemed to include the following:

(i) Charges: The labour, equipment and/ or machinery shall be supplied at the rate(s)

in this behalf prescribed by the OWNER from time to time.

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(ii) Recoveries: The amount(s) recoverable by the OWNER from the CONTRACTOR in respect of labour, equipment and/ or machinery procured or supplied by the OWNER shall (without prejudice to any other mode of recovery) be debited to the CONTRACTOR's account and deducted from the Running Account/ Final Bill(s) of the CONTRACTOR and/ or any monies from time to time becoming due to the CONTRACTOR.

(iii) Any labour, equipment and/ or machinery supplied or procured by the OWNER

shall be utilized by the CONTRACTOR only for use in the contractual work. (iv) The CONTRACTOR shall be responsible to ensure utilization of the equipment

and/ or machinery only within the capacity of such equipment and/ or machinery, to ensure the proper utilization thereof in all respects without any manner of abuse or excess, and shall follow and obey all instructions or directions as shall or may be given by the Site Engineer in respect thereof, and if so required by the Site Engineer, shall provide at cost (to be determined by the Engineer-in-Charge in the event of dispute) labour for the operation, maintenance and repair of the equipment/ machinery and/ or shall operate, maintain and/or repair the same at his own costs and expenses, and provide all the inputs necessary for the operation, repair and maintenance thereof, including spare parts, fuel and lubricants. The CONTRACTOR shall keep the OWNER indemnified from and against all losses, damages and/ or costs, charges and expenses resultant from any breach or failure to observe the provisions hereof.

(v) The CONTRACTOR shall ensure the safe-keeping and custody of the equipment

and machinery at the site and shall be exclusively responsible and accountable for any loss, damage, theft or misuse thereof (and shall make proper arrangement for the storage and watch and ward thereof) and shall keep the OWNER indemnified from and against the same.

(vi) The CONTRACTOR shall ensure return of the equipment/ machinery to the

OWNER upon the Completion of the works or earlier determination of the Contract or as and when called upon by the OWNER to return the same during the execution of the work in the same condition in which the equipment/ machinery was at the time of bringing the same to job site or delivery to the CONTRACTOR, as the case may be.

(vii) The provisions of Clause 3.2.1.0 hereof shall mutatis mutandis apply to equipment

and machinery supplied by the OWNER to the CONTRACTOR. 3.10.0.0 GOVERNMENT CONTROLLED MATERIALS 3.10.1.0 In respect of all Government controlled or other scarce/imported materials in respect of

which licenses, release orders, permits or authorizations have been granted in the name of the OWNER, the CONTRACTOR shall be deemed to be acting on behalf of the OWNER and as agent of OWNER in respect of deliveries taken by the CONTRACTOR against any licences, release orders, permits, or authorisations issued in the name of OWNER for Government controlled materials. The ownership in such materials shall (without prejudice to the responsibility/liability of the CONTRACTOR in respect thereof as set out in the various conditions hereof) vest in the OWNER from the point of time when it would have ordinarily vested in the OWNER on a direct delivery to the OWNER.

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SECTION – 4

PERFORMANCE OF WORK 4.0.0.0 GENERAL 4.0.1.0 All works shall be performed and executed by the CONTRACTOR in strict conformity with

the Job Description, Specifications, Plans, Drawings, Designs and other Contract Documents applicable to the specific work(s) and any relative orders or instructions as may be issued to the CONTRACTOR by the Engineer-in-Charge or Site Engineer from time to time.

4.0.2.0 The Engineer-in-Charge and Site Engineer shall be entitled from time to time or at any time

at their discretion in order to procure the proper performance of the work and/or the proper compliance with the specifications or other contractual requirements to issue written orders or instructions to the CONTRACTOR relative to the performance and/ or execution of the work(s) by the CONTRACTOR or otherwise relative to any matter touching or affecting the Contract or arising therefrom, and to revise or revoke any orders or instructions previously issued, and the CONTRACTOR shall, subject to the provisions of the following clause, obey and/or abide thereby.

4.0.2.1 Without prejudice to the provisions of Clause 4.0.2.0 hereof and associated clauses

thereto, should the CONTRACTOR require any clarification in respect of any orders or instructions issued by the Engineer-in-Charge or Site Engineer, or should there appear to the CONTRACTOR to be any contradiction between any orders or instructions issued by the Engineer-in-Charge or Site Engineer and/ or between any order(s), instruction(s) and the Contract Document or any of them, the CONTRACTOR shall refer the matter immediately in writing to the Engineer-in-Charge for his decision before proceeding further with the work, and the decision of the Engineer-in-Charge on any such matter shall be final and binding upon the CONTRACTOR, who shall perform the work accordingly without entitlement to any claim against or compensation from the OWNER resultant upon such order, instruction or decision.

4.0.3.0 The CONTRACTOR shall, within 10 (ten) days of receipt of notification of Acceptance of

Tender, name at each job site at which the CONTRACTOR shall be awarded any work under the Contract, an engineer responsible for the work at the job site on behalf of the CONTRACTOR. The said Engineer of CONTRACTOR shall be the representative of the CONTRACTOR at the job site for and relative to all actions and transactions and dealings on behalf of the CONTRACTOR and to whom labour, materials, equipment and/ or machinery procured or supplied by the OWNER may be given and to whom all Plans, Designs, Drawings, Orders and Instructions or other documents or communications for or relative to the job site may be given, with the intent that all transactions and dealings had with the said engineer shall be deemed to have been had with the CONTRACTOR, and any and all Plans, Drawings, Designs, Orders, Instructions, Documents or Communications and/ or labour, material, equipment or machinery delivered to said engineer shall be deemed to have been delivered to the CONTRACTOR.

4.0.3.1 The Engineer(s)/ supervisors appointed by the CONTRACTOR or his Sub-Contractors/

other agencies, for the work shall be duly and adequately qualified with relevant experience to handle the work of the contract to the satisfaction of the Engineer-in-charge. For this purpose, the CONTRACTOR shall furnish the bio-data of the Engineer(s)/ supervisors proposed to be appointed by him for the work to the Engineer-in-charge for his approval. The CONTRACTOR shall be bound to appoint only such technical personnel as are approved by the Engineer-in-Charge for handling the work from time to time.

4.0.4.0 The CONTRACTOR shall provide and maintain, at or about each job site, an office for the

working accommodation of the CONTRACTOR's engineer(s) and staff. Such office shall remain open and attended at all hours during which work is being performed at the job site, for the receipt of orders, instructions, notices, and other communications.

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4.0.5.0 The CONTRACTOR shall co-operate with and afford the OWNER/ Engineer-in-Charge and other CONTRACTORS engaged at the site, access to the work and supply at cost determined by the Engineer-in-Charge (whose decision shall be final) of power and water for the performance of the work entrusted to them and/ or for the carriage and storage of materials by them and whenever any work is contingent or dependent upon the performance of any work by the CONTRACTOR or is being done in association, collaboration or in proximity with any other CONTRACTORs, the CONTRACTOR shall co-operate with the OWNER or other CONTRACTOR(s)/agency(ies) involved in such work to ensure the harmonious working between the CONTRACTOR and the OWNER/ CONTRACTOR(s), agency(ies) involved, and shall comply with any instructions issued by the Engineer-in-Charge for the purpose.

4.0.6.0 The OWNER/Engineer-in-Charge shall be entitled at its/his discretion, to appoint one or more Site Engineers and/ or other personnel at or about each job site on behalf of the OWNER to do such acts, deeds, matters and things as may be necessary to safeguard the OWNER's interest including (but not limited to), at the discretion of the OWNER, supervision and testing of the work(s) being conducted by the CONTRACTOR at the job site and/or for rendering such assistance to the CONTRACTOR relative thereto as the OWNER or such engineer(s) or personnel shall or may deem fit, it being understood, however, that the presence of any engineer(s) or personnel of the OWNER at or about each job site or any supervision, inspection or test performed or conducted by any such engineer(s) and/ or personnel of the OWNER in respect of any work(s) or any other assistance rendered by such engineer(s) and/ or personnel to the CONTRACTOR relative thereto, shall be without any attendant obligation or liability of the OWNER vis-à-vis the CONTRACTOR, nor shall relieve the CONTRACTOR of his full responsibility in respect of the work(s) under the Contract or bind the OWNER or accept as satisfactory or complete and/ or in accordance with the Contract any work(s) performed by the CONTRACTOR which has/ have been supervised, inspected, tested or assisted by the said engineer(s) and/ or personnel of OWNER.

4.0.7.0 If the CONTRACTOR's work or any part thereof shall be consequent or resultant upon any works performed by any other person or shall be in continuance thereof or otherwise based or founded or dependent thereon, the CONTRACTOR shall before commencing with its/his work, bring to the notice of the Engineer-in-charge and the Site Engineer, in writing, any defects existing in said prior works, failing which the CONTRACTOR shall be deemed to have accepted as complete and proper the said prior works and to have waived any and all rights to complaint of or in respect of any defect(s) as may exist therein.

4.1.0.0 THE JOB SITE 4.1.1.0 The Engineer-in-Charge shall furnish the CONT RACTOR with only four corners of the job site

and a level bench mark, and the CONTRACTOR shall at his own cost and initiative set out the work to the satisfaction of the Site Engineer, but shall be solely responsible for the accuracy of such setting up notwithstanding the satisfaction as aforesaid of the Site Engineer or any other assistance rendered by the Site Engineer for the purpose.

4.1.2.0 The CONTRACTOR shall provide, fix and be responsible for the maintenance of all stakes, templates, contour and level marks, profiles and the like and shall take all precautions necessary to prevent their removal or disturbance, and shall be responsible for the consequence of such removal or disturbance and for their efficient and timely reinstatement. The CONTRACTOR shall also be responsible for the maintenance of all survey marks, boundary marks, distance marks, and centre line marks, whether existing or supplied / fixed by the CONTRACTOR.

4.1.3.0 Before commencing the work, the CONTRACTOR shall at his own cost and initiative, provide all necessary reference and level posts, pegs, bamboos, flags, ranging rods, strings and other materials for proper layout of the work in accordance with scheme for benchmarks acceptable to the Site Engineer. The centre, longitudinal or face line and cross line shall be marked by means of small masonary pillars. Each pillar shall have a distinct mark at the centre to enable a theodolite to be set over it. No work shall be started until all these points are approved by the Site Engineer but, approval shall not relieve the CONTRACTOR of any of his responsibilities in respect of adequacy or accuracy thereof. The CONTRACTOR shall also provide all labour, material and other facilities necessary for the proper checking of layout and inspection of the points during construction.

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4.1.4.0 Pillars bearing geodetic marks located at the sites of works under construction should be protected and fenced by the CONTRACTOR.

4.1.4.1 On completion of works, the CONTRACTOR must submit to the Engineer-in-Charge the

geodetic documents according to which the work was carried out. 4.1.5.0 The CONTRACTOR shall be exclusively responsible for provision and maintenance of

horizontal and vertical alignments and levels and for the correctness of every part of the work in accordance therewith and shall at his own cost rectify any errors or imperfectness therein.

4.2.0.0 CONDITIONS OF WORK 4.2.1.0 Work shall be carried on for a minimum of 48 (forty-eight) hours a week and 8 (eight) hours

on any working day. If necessary, the CONTRACTOR shall work overtime or in two or more shifts in a day. Except as herein specifically provided to the contrary, the CONTRACTOR shall not be entitled to any extra compensation or remuneration for overtime or double or triple shift working, nor shall the OWNER anywise be responsible for any idle time payments to CONTRACTOR's staff or for labour, equipment or machinery, howsoever occasioned, and the CONTRACTOR waives any and all contrary rights and claims.

4.2.1.1 Should it be necessary to work on Sunday and/ or holiday, the CONTRACTOR shall so work

without extra compensation, after obtaining prior approval from the Site Engineer or the Engineer-in-charge.

4.2.2.0 The execution of the work(s) shall entail working in all seasons including the monsoons. In so

far as necessary, the CONTRACTOR shall maintain at each job site at all times such material, labour, pumps, equipment and machinery as may be required for the performance of the work during the monsoon or other rains and shall plan well in advance for the collection of material and equipment and the erection of such tarpaulins, sheds, wind breakers and/ or other protection as shall or may be necessary for the work during the monsoon or other rains so that the rains or monsoon shall not hamper working.

4.2.2.1 The CONTRACTOR shall also arrange and bring to each job site such special equipment and

machinery as may be necessary to enable work during the monsoon, and shall, at his own cost and initiative, arrange at all times for dewatering the job sites so as to keep the construction site and areas to be worked upon, free of water.

4.2.2.2 The CONTRACTOR shall not be entitled to any extra compensation or remuneration for or

relative to any work to be done in any season including during the monsoon, or for or relative to any special arrangements to be made and/ or equipment or machinery to be brought to the job site(s) to enable such working.

4.3.0.0 TIME FOR COMPLETION 4.3.1.0 The CONTRACTOR shall complete in all respects in accordance with the Contract, the entire

work at each job site within the time specified in this behalf in the Time Schedule. 4.3.2.0 If the OWNER so requires, the Progress Schedule in the form of PERT chart, giving the latest

dates of starting and the latest dates of finishing of various operations comprising the work as also the activities in the critical path and the latest dates for achievement of specific milestones in respect of the work so as to complete in all respects the works (including testing and consequential operations) within the time provided in the Time Schedule. This Progress Schedule should also indicate the interlinking of the various activities and bring to light the specific/critical items on which the inputs from the OWNER/ Engineer-in-Charge / Consultant or other agencies, if any, would be required, to ensure adherence to the schedule.

4.3.3.0 If the CONTRACTOR shall fail to submit to the OWNER/Engineer-in-Charge a Progress

Schedule as envisaged above or if the OWNER/Engineer-in-charge and CONTRACTOR fail to agree upon the Progress Schedule as envisaged above, then the Engineer-in-Charge shall prepare the Progress Schedule (the dates of progress as fixed by the Engineer-in-Charge being final and binding upon the CONTRACTOR except as herein otherwise expressly provided), and shall issue the Progress Schedule so prepared to the CONTRACTOR, which

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shall then be the Approved Progress Schedule and all the provisions of Clause 4.3.2.0 shall apply relative thereto.

4.3.4.0 Any reference in the Contract Documents to the "Approved Progress Schedule" or to the

"Progress Schedule" shall mean the "Approved Progress Schedule" specified in Clause 4.3.2.0 above or the "Progress Schedule" prepared and issued by the Engineer-in-Charge as specified in Clause 4.3.3.0 above, whichever shall be in existence. In the absence of such approved Progress Schedule or such Progress Schedule prepared by the Engineer-in-charge, the Progress Schedule first prepared by the CONTRACTOR (with the incorporation of the OWNER's/Engineer-in-charge's comments thereon, if any), shall until such approved Progress Schedule or such Progress Schedule prepared by the Engineer-in-charge comes into existence, be deemed to be the Progress Schedule for the purpose of the Contract.

4.3.5.0 Within 7 (seven) days of the occurrence of any act, event or omission which, in the opinion of

the CONTRACTOR, is likely to lead to delay in the commencement or completion of any particular work(s) or operation(s) or the entire work at any job site(s) and is such as would entitle the CONTRACTOR to an extension of the time specified in this behalf in the Progress Schedule(s), the CONTRACTOR shall inform the Site Engineer and the Engineer-in-Charge in writing of the occurrence of the act, event or omission and the date of commencement of such occurrence. Thereafter, if even upon the cessation of such act or event or the fulfillment of the omission, the CONTRACTOR is of opinion that an extension of the time specified in the Progress Schedule relative to particular operation(s) or item(s) or work or the entire work at the job site(s) is necessary, the CONTRACTOR shall within 7 (seven) days after the cessation or fulfillment as aforesaid make a written request to the Engineer-in-Charge for extension of the relative time specified in the Progress Schedule and the Engineer-in-Charge may at any time prior to completion of the work extend the relative time of completion in the Progress Schedule for such period(s) as he considers necessary, if he is of opinion that such act, event or omission constitutes a ground for extension of time in terms of the Contract and that such act, event or omission has in fact resulted in insurmountable delay to the CONTRACTOR.

4.3.5.1 The application for extension of time made by the CONTRACTOR to the Engineer-in-Charge should contain full details of -

(a) The notice under Clause 4.3.5.0 with a copy each of the notice sent to the Engineer-in Charge and Site Engineer,

(b) The activity for the Progress schedule affected, (c) The bottleneck(s) or obstruction(s) perceived/experienced, and the reason(s) therefor, (d) Extension required/ necessitated on account of (c) above, (e) Extension required /necessitated on account of reasons attributable to the OWNER, (f) Extension required/ necessitated on account of force majeure reasons, and (g) The total extension of time (if any) required/ necessitated for completion, taking the above

into account and after eliminating all overlaps. 4.3.5.2 The opinion/ decision of the Engineer-in-Charge in this behalf and as to the extension of time

necessary shall, subject to the provisions of clause 4.3.6.0 hereof, be final and binding upon the CONTRACTOR.

4.3.6.0 Notwithstanding the provisions of clause 4.3.5.0 hereof, the OWNER may at any time at the

request of the CONTRACTOR made by way of appeal either against the decision of the Engineer-in-Charge taken under clause 4.3.5.0 or against the Engineer-in-Charge's refusal to take a decision under the said clause, if satisfied of the existence of any ground(s) justying the delay, extend the date for completion of the work or any item or operation thereof for such period(s) as the OWNER may consider necessary, and the decision of the OWNER as to the existence or otherwise of any grounds justifying the extension and as to the period(s) of extension necessary shall be final and binding upon the CONTRACTOR.

4.3.7.0 Subject as elsewhere herein or in the contract documents expressly provided, only the

existence of force majeure circumstances as defined in clause 4.3.8.0 hereof shall afford the CONTRACTOR a ground for extension of time for completion of the work or any part of the work or any operation(s) therein, and specifically without prejudice to the generality of the foregoing, inclement weather, strike, shutdown, third party breach, delay in supply of

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material(s) or commercial hardship shall not afford the CONTRACTOR a ground for extension of time or relieve the CONTRACTOR of his/its full obligations under the Contract, nor will any forced shutdown or idleness or other impediment in progress or completion of the work due to any reason whatsoever afford the CONTRACTOR a ground for extension of time or relieve the CONTRACTOR of his/its full obligations under the Contract except and to the extent otherwise elsewhere herein specifically provided, nor shall any shut down or idle time charges be payable by the OWNER to the CONTRACTOR for delay in the commencement, progress or completion of the work due to any reason whatsoever, including due to the existence of force majeure circumstances.

4.3.8.0 The term "FORCE MAJEURE" as employed in this contract shall mean wars (declared or

undeclared) or revolutions, civil wars, tidal waves, fires, major floods, earthquakes, epidemics, quarantine restrictions and freight embargoes and transporters strikes affecting the country as a whole.

4.3.9.0 Upon an extension of the time for completion of the work or any part of the work or any

operation(s) therein pursuant to Clause 4.3.5.0 or Clause 4.3.6.0 hereof, the extended date/time of completion shall be deemed to be the relative date of completion in the Progress Schedule, and such extension shall constitute the sole remedy of the CONTRACTOR for and/or arising out of such delays, and the CONTRACTOR hereby waives any and all contrary rights.

4.3.10.0 The mere fact that the OWNER shall not have terminated the contract or that the OWNER or

Engineer-in-charge has permitted the CONTRACTOR, for the time being, to continue with the work for its completion shall not prejudice the full rights and remedies available to the OWNER under the contract arising out of the delayed completion, including the right of Price discount, damages and/or termination. Such permission(s) shall unless specifically stated to be an extension of time under Clause 4.3.5.0 or Clause 4.3.6.0, as the case may be, not be construed as extension(s) of time under Clause 4.3.5.0 or 4.3.6.0 hereof, and shall merely constitute an indication or intimation, the case may be, of the OWNER's willingness, for the time being, to accept the delayed completion, subject to its rights under the Contract.

4.3.11.0 No assurance, representation, promise or other statement by any personnel, engineer or

representative of the OWNER in relation to extension of time for commencement or completion of any work(s) or operation thereof or of the entire works under the Contract shall be binding upon the OWNER or shall constitute an extension of time for commencement or completion of the entire work(s) or any part or operation thereof within the provisions of Clause 4.3.5.0 or Clause 4.3.6.0 hereof, unless the same has been communicated to the CONTRACTOR in writing by the Engineer-in-charge under Clause 4.3.5.0 or by the General Manager under Clause 4.3.6.0 and the writing specifically states that it embodies an extension of time within the provisions of Clause 4.3.5.0 or Clause 4.3.6.0 as the case may be, and without prejudice to the aforegoing, the mere agreement or prescription or signing of a Progress Schedule by the Site Engineer or any site representative of the OWNER at variance with the Progress Schedule, as the case may be, referred to in Clauses 4.3.2.0, 4.3.3.0 and/or 4.3.4.0 hereof or containing an extended time of commencement or completion in respect of the entire work(s) or any part or operation thereof shall not anywise constitute an extension of time in the terms of the Contract so as to bind the OWNER or relieve the CONTRACTOR of all or any of his liabilities under the Contract, nor shall constitute a promise on behalf of the OWNER or a waiver by the OWNER of any of its rights in terms of the Contract relative to the performance of the Contract within the time specified or otherwise, but shall be deemed only (at the most) as a guidance to the CONTRACTOR for better organising his work on a recognition that the CONTRACTOR has failed to organise his work and/or perform the same within the time specified in the Progress Schedule established within the provisions of Clause 4.3.2.0 or Clause 4.3.3.0 or Clause 4.3.4.0 hereof, as the case may be.

4.4.0.0 PRICE ADJUSTMENT FOR DELAY IN COMPLETION 4.4.1.0 The contractual price payable shall be subject to adjustment by way of discount as hereinafter

specified, if the Unit(s) are mechanically completed or the contractual works are finally completed, subsequent to the date of Mechanical Completion/final completion specified in the Progress Schedule.

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4.4.2.0 If Mechanical Completion of the Unit(s)/final completion of the works is not achieved by the

last date of Mechanical Completion of the Unit(s)/final completion of the works specified in the Progress Schedule (hereinafter referred to as the "starting date for discount calculation"), the OWNER shall be entitled to adjustment by way of discount in the price of the works and services in a sum equivalent to the percent of the total contract value as specified below namely:

(i) For Mechanical Completion of the Unit(s)/final completion of the works achieved

within 1 (one) week of the starting date for discount calculation - ½ % of the total contract value.

(ii) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 2 (two) weeks of the starting date for discount calculation - 1 % of the total contract value.

(iii) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 3 (three) weeks of the starting date for discount calculation - 1½ % of the total contract value.

(iv) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 4 (four) weeks of the starting date for discount calculation - 2 % of the total contract value.

(v) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 5 (five) weeks of the starting date for discount calculation - 2½ % of the total contract value.

(vi) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 6 (six) weeks of the starting date for discount calculation - 3 % of the total contract value.

(vii) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 7 (seven) weeks of the starting date for discount calc ulation - 3½ % of the total contract value.

(viii) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 8 (eight) weeks of the starting date for discount calculation - 4 % of the total contract value.

(ix) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 9 (nine) weeks of the starting date for discount calculation - 4½ % of the total contract value.

(x) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 10 (ten) weeks of the starting date for discount calculation - 5 % of the total contract value.

(xi) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 11 (eleven) weeks of the starting date for discount calculation - 5 ½ % of the total contract value.

(xii) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 12 (twelve) weeks of the starting date for discount calculation - 6 % of the total contract value.

(xiii) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 13 (thirteen) weeks of the starting date for discount calculation - 6 ½ % of the total contract value.

(xiv) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 14 (fourteen) weeks of the starting date for discount calculation - 7 % of the total contract value.

(xv) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 15 (fifteen) weeks of the starting date for discount calculation - 7 ½ % of the total contract value.

(xvi) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 16 (sixteen) weeks of the starting date for discount calculation - 8 % of the total contract value.

(xvii) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 17 (seventeen) weeks of the starting date for discount calculation - 8 ½% of the total contract value.

(xviii) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 18 (eighteen) weeks of the starting date for discount calculation - 9 % of the total contract value.

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(xix) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 19 (nineteen) weeks of the starting date for discount calculation - 9 ½% of the total contract value.

(xx) For Mechanical Completion of the Unit(s)/final completion of the works achieved within 20 (twenty) weeks of the starting date for discount calculation - 10 % of the total contract value.

(xxi) The reduction in the contract price hereunder by way of price discount shall in no event exceed 10% (ten percent) of the total contract value.

4.4.2.1 The starting date for discount calculation shall be subject to variation upon extension of the

date for Mechanical Completion of the Unit(s)/final completion of the works with a view that upon any such extension there shall be an equivalent extension in the starting date for discount calculation under Clause 4.4.2.0 hereof.

4.4.2.2 It is specifically acknowledged that the provisions of Clause 4.4.2.0 constitute purely a

provision for price adjustment and/or fixation and are not to be understood or construed as a provision for liquidated damages or penalty under Section 74 of the Indian Contract Act or otherwise.

4.4.3.0 Application of price adjustment under clause 4.4.2.0 above shall be without prejudice to any

other right of the OWNER, including the right of termination under Clause 7.0.1.0 and associated clauses thereunder.

4.4.4.0 Nothing in Clause 4.4.2.0 above shall prevent the OWNER from exercising its right of

termination of Contract under Clause 7.0.1.0 hereof and associated clauses thereunder, and OWNER shall be entitled, in the event of exercising its said right of termination after the last date for Mechanical Completion of the Unit(s) and/or final completion of the works as stipulated in the relative Progress Schedule without prejudice to any other right or remedy available to the OWNER, to discount as aforesaid in the contractual price of services in addition to any amount as may be due consequent to a termination under Clause 7.0.1.0 hereof and associated clauses thereunder.

4.5.0.0 SCHEDULE OF ACTIVITIES 4.5.1.0 The provisions of this Clause 4.5.0.0 and associated Clauses thereunder shall apply only to a

contract in which the Schedule of Rates specifies a lumpsum price payable for the whole or any part of the work(s) or activities covered by the Contract. If only part(s) of the work(s) or activities under the Contract are the subject of a lumpsum price then the provisions of this clause shall apply only to such part.

4.5.1.1 The CONTRACTOR shall within 30 (thirty) days from the date of issue of the Letter of

Acceptance, furnish to the OWNER a detailed schedule of Activities specifying in detail the various activities which the CONTRACTOR would be required to perform and the milestones with respect to each which the CONTRACTOR would have to achieve in order to set up and establish the Unit.

4.5.2.0 Each activity entered in the schedule of Activities and each milestone therein shall be priced

so as to break-up so far as possible, the lumpsum price of services into various priced milestones of achievements and priced activities required to achieve those milestones. The Schedule of Activities and the said priced break-up of activities therein are intended only to provide a basis for the purpose of calculating on account payments for services and for the calculating the payments due to the CONTRACTOR under Clause 2.7.5.0 hereof upon cancellation of Contract, and for no other purpose.

4.5.3.0 The OWNER shall review or cause to be reviewed the prima facie adequacy, sufficiency

validity and/or suitability of the activities listed in the Schedule of Activities for the works they are intended, and of the prices indicated in the Schedule of Activities in respect thereof. Such review shall be performed in conjunction with the design, engineering, specification and other technical reviews to be done by the OWNER and all provisions applicable thereto shall be applicable to the review of the Schedule of Activities.

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4.5.4.0 No such review shall in any manner absolve the CONTRACTOR of his full responsibility under the contract to perform within the lump-sum price of services specified in the Price-Schedule, all services and to perform and undertake the work(s) required to set up and establish the Unit in accordance with the Contract and the specifications, complete in all respects, whether or not any particular work or activity required is included within the schedule of activities and whether or not the price thereof is included in the price indicated in the Schedule of Activities and whether or not the price thereof is in conformity with the price thereof indicated in the Schedule of Activities. The review and approval of the Schedule of Activities and the prices therein are intended only for the satisfaction of the OWNER that the priced Schedule of Activities prima facie covers the activities required to be performed by the CONTRACTOR within the scope of services.

4.5.5.0 The Schedule of Activities shall be subject to amendment in both items and prices in so far as

necessary consequent upon any amendment in any relevant related technical particulars, and upon any amendment, the amended Schedule of Activities as approved by the OWNER shall thereafter constitute the Schedule of Activities as envisaged in the Contract Documents.

4.6.0.0 REPORTS AND RECORDS

4.6.1.0 The CONTRACTOR shall, from time to time, maintain at each job site (in addition to any records or registers required to be maintained by the CONTRACTOR under any law, rule or regulation having the force of law) such records and registers as the Engineer-in-Charge or Site Engineer shall or may require the CONTRACTOR to keep and/ or maintain from time to time.

4.6.2.0 In addition to any other records or registers required to be maintained by the CONTRACTOR

from time to time and/ or to the reports required to be furnished by the CONTRACTOR, the CONTRACTOR shall daily or otherwise as may be prescribed by Engineer-in-Charge or Site Engineer, submit to the Site Engineer a Progress Report of all work done and/ or progress achieved by the CONTRACTOR at each job site within the preceding day or the period of last report, as the case may be.

4.6.2.1 The receipt and/ or acceptance of any such report by the Site Engineer shall be without

prejudice to the full rights and remedies of OWNER and obligations/ liabilities of the CONTRACTOR under the Contract, and shall not anywise operate as an estoppel against the OWNER by reason of the fact that no notice or objection was taken of or to any information contained in any such report; nor shall any statement in any such report be deemed to be correct merely by virtue of the existence of such statement, and its being uncontroverted by any officer of the OWNER.

4.6.3.0 The CONTRACTOR shall also maintain at each job site a Site Order/ Site Instructions Book, in which the day to day instructions of the Site engineer/ Engineer-in-charge/ other Inspecting Officers of the OWNER shall be recorded. Each such Order/ Instruction shall be duly acknowledged and compliance with the same shall also be recorded in the appropriate columns of the Site Order/ Site Instructions Book. This book shall be kept available for inspection by the Officers of the OWNER. The Site Order/ Site Instruction Book shall be lodged with the Engineer-in-charge on completion of the Work or sooner determination of the contract for any cause.

4.7.0.0 EXECUTION OF THE WORK 4.7.1.0 The CONTRACTOR shall provide sufficient labour, staff (qualified and unqualified),

machinery, tools and equipment, material, consumables, utilities and things whatsoever necessary for the proper performance of the work and to ensure the rate of progress as envisaged in the Progress Schedule.

4.7.1.1 All the skilled persons employed by the CONTRACTOR (directly or through his sub-

contractors and/or other agencies) on the work shall be duly and adequately skilled in their respective trades, the satisfaction of the Engineer-in-charge. Any person employed on the work found to be inadequately skilled or otherwise incompetent, may be directed by the Engineer-in-charge to be removed from the site and replaced by adequately skilled and competent persons and the CONTRACTOR shall forthwith comply with such directions of the Engineer-in-charge.

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4.7.2.0 If, in the opinion of the Engineer-in-charge or Site Engineer (the opinion of either of whom in this behalf shall be final), the work(s), operation(s) at any job site as a whole is/are not meeting the progress necessary to achieve the relative date of commencement or completion in the Progress Schedule, the Engineer-in-charge or Site Engineer may instruct the CONTRACTOR to employ/provide additional labour, staff, machinery, tools, equipment or material or things necessary to achieve the required progress and CONTRACTOR shall forthwith comply with instruction(s).

4.7.3.0 Should the CONTRACTOR fail to comply with such instruction(s) or fail to comply therewith to

the satisfaction of the Engineer-in-charge (whose opinion in this behalf shall be final and binding upon the CONTRACTOR) the Engineer-in-charge may, at his discretion, at the risk and cost of the CONTRACTOR, appoint, procure or provide the additional labour, staff, machinery, equipment, tools and materials as the Engineer-in-charge (whose decision in this behalf shall be final and binding upon the CONTRACTOR), considers necessary to achieve the necessary progress in relation to any particular work or operation or the work as a whole. In so doing, Engineer-in-charge/Site Engineer shall be deemed to be acting for and on behalf of and as agent of the CONTRACTOR and all such appointments, procurement and/or provision shall be deemed to have been made by the CONTRACTOR and paid for by the CONTRACTOR. In addition to the other amounts payable to OWNER in respect of any labour, staff, machinery, equipment and/or material, as aforesaid procured or provided by the OWNER, the OWNER shall be entitled in this event to recover from the CONTRACTOR 15% (fifteen per cent) as supervision charges on the total expenditure incurred by the OWNER under this clause, on behalf of the CONTRACTOR.

4.7.4.0 Without prejudice to the OWNER's rights under Clause 4.7.3.0 and in addition or as an

alternative thereto, should the Engineer-in-charge at any stage (notwithstanding that the time for completion of the relative work or item of work as specified in the Progress Schedule has not expired) be of opinion (the opinion of the Engineer-in-charge in this behalf being final) that the performance of any work or item of work by the CONTRACTOR is unsatisfactory (whether in the rate of progress, the manner, quality or workmanship of the performance, or in the adherence to specifications, or in the omission, neglect or failure to do, perform, complete or finish any work or item, or for any other cause whatsoever), the Engineer-in-charge shall be entitled (without prejudice to any other rights of the OWNER and/or obligations of the CONTRACTOR under the Contract) at his discretion and the risk and cost of the CONTRACTOR to appoint one or more sub-contractors for the satisfactory performance thereof or any part thereof, or may undertake the performance thereof or any part thereof departmentally, and the provisions of Clause 4.7.3.0 hereof shall mutatis mutandis apply to any action taken by the Engineer-in-charge pursuant to this clause in the same manner as applicable to an action taken under the said clause.

4.7.5.0 If the amount incurred by the OWNER /Engineer-in-charge, on account of carrying out works

under Clause 4.7.3.0 and 4.7.4.0 above, is in excess of the amount due to the CONTRACTOR the OWNER shall be entitled to recover the same, at the OWNER's discretion from any amount due to the CONTRACTOR from the OWNER under this or under any other contract, and any Security Deposit(s) or Bank Guarantee(s) of the CONTRACTOR.

4.7.6.0 Any action taken by the Engineer-in-Charge or Site Engineer under Clauses 4.7.3.0 and/ or

4.7.4.0 shall be without prejudice to the full rights of the OWNER and full liability of the CONTRACTOR under the Contract, including but not limited to the OWNER's full rights under Clause 4.4.0.0 and associated clauses thereunder, and under Clauses 7.0.7.0 and 7.0.8.0 hereof.

4.8.0.0 SUB CONTRACTS 4.8.1.0 The CONTRACTOR shall not assign, sub-contract or sublet the whole or any part of the work

in any manner, provided the CONTRACTOR may with the prior written approval of the Engineer-in-Charge, sub-contract any particular work or part of the work to a Sub- Contractor approved by the Engineer-in-Charge.

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4.8.2.0 Notwithstanding approval of the sub-contract as aforesaid and notwithstanding that the OWNER/Engineer-in-Charge shall have received a copy of the Contract between the CONTRACTOR and Sub-Contractor, the CONTRACTOR shall be and shall remain exclusively responsible to the OWNER for the due and proper performance of the Contract, and the Sub-Contractor shall for all purposes vis-à-vis the OWNER be deemed to be the servant / agent of CONTRACTOR employed for the performance of the particular work with full responsibility on CONTRACTOR for all acts, omissions and defaults of the sub-contractor.

4.8.3.0 Subject as hereinabove in this behalf secifically permitted and provided, the CONTRACTOR

shall not sub-contract any work under the Contract and any sub-contract in breach hereof shall be deemed to be an unauthorized sub-contracting of the Contract or part or portion thereof sub-contracted, as the case may be.

4.8.4.0 If any sub-contractor engaged upon the work at the site executes any work which in the

opinion of the Engineer-in-Charge is not of the requisite standard (the opinion of the Engineer-in-Charge being final in this behalf), then without prejudice to any other right or remedy available to the OWNER, the Engineer-in-Charge may, by written notice to the CONTRACTOR, require the CONTRACTOR to terminate such sub-contract, and the CONTRACTOR shall upon receipt of such notice, forthwith terminate such sub-contract at the risk and cost of the CONTRACTOR, and shall keep the OWNER indemnified from and against the consequences.

4.8.5.0 Notwithstanding such sub-contract being approved by Engineer-in-Charge as herein

envisaged, the CONTRACTOR shall at the commencement of every month furnish Engineer-in-Charge with a list of all sub-contractors engaged and working at the site during the previous month, with particulars of the general nature of the works performed by them.

4.9.0.0 MISCONDUCT 4.9.1.0 If and whenever any of CONTRACTOR's or sub-contractor's agent(s)/ sub-agent(s),

consultant(s) or employee(s) shall in the opinion of the Engineer-in-Charge or Site Engineer (whose opinion in this behalf shall be final) be guilty of misconduct or be incompetent or insufficiently qualified or negligent in the performance of his/ their duties, or if in the opinion of the Engineer-in-Charge (which shall be final) it is undesirable for any reason (which need not be disclosed to the CONTRACTOR) for such person(s) to be employed in the work, the CONTRACTOR, if so directed by the Site Engineer, shall forthwith remove or cause to be removed such person(s) from employment thereon, and any person(s) so removed shall not be re-employed in the work except with the prior permission in writing of the Engineer-in-charge. Any person(s) so removed from the works shall be immediately replaced at the expense of the CONTRACTOR by a qualified and competent substitute.

4.9.2.0 If, at any time, in the course of execution of the contract, the OWNER/ Engineer-in-charge

finds that any person employed by the CONTRACTOR or his sub-contractor(s) or other agency(ies) by the CONTRACTOR is not observing and/or is willfully flouting the operating security and safety precautions of the area in which he is working and/ or are found to be indulging in activities prejudicial to the interest of the OWNER, the CONTRACTOR shall forthwith, on being directed by the OWNER/ Engineer-in-charge in this behalf remove or cause to be removed such person(s), as may be named by the OWNER / Engineer-in-charge in this behalf, from the site, within 24 hours of such intimation and such person(s) shall not be re-employed in this work or any other work under the OWNER, without the prior written permission of the OWNER. All repatriations of any person(s) removed from the site shall be done by the CONTRACTOR at his own cost and the vacancy(ies) so caused shall be filled by the CONTRACTOR at his own expenses by competent substitutes.

4.9.3.0 If any activities of any such person are considered by the OWNER or Engineer-in-charge to

be criminal in character and/or prejudicial to the public or national interest, the CONTRACTOR shall, in addition to removing such person(s) as stipulated in 4.9.2.0 above, also co-operate with the OWNER/ Engineer-in-charge in lodging such complaints with the police or other authorities as the OWNER or Engineer-in-Charge considers necessary, and shall co-operate with the OWNER, in handing over such person(s) to the concerned authorities as decided by the OWNER.

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4.9.4.0 The CONTRACTOR shall keep the OWNER indemnified from and against all personnel and third party claims whatsoever (inclusive of all costs incurred between attorney and client) arising out of any act or omission or intermission on part of any sub-contractor or agent, sub-agent, consultant, or employee of the CONTRACTOR or any sub-contractor, whether committed, omitted or arising with or without the scope of the contract, sub-contract, agency or employment, or otherwise.

4.10.0.0 CHANGE IN CONSTITUTION OF THE CONTRACTOR 4.10.1.0 The CONTRACTOR, whether an individual, Proprietary concern, Partnership firm, Private

limited Company or Public Limited Company, shall not make any change(s) in its constitution, by transfer of substantial shareholding or of management (in the case of a company) or by addition or deletion of Partners, change in the terms of Partnership, or make any other material change(s) without prior intimation to and approval of the OWNER. Any such unauthorised change shall attract the provisions of Clause 7.0.1.0 hereof.

4.11.0.0 DEVIATIONS AND VARIATIONS IN SPECIFICATIONS 4.11.1.0 The Engineer-in-Charge may at his discretion, and without prejudice to any other right or

remedy available to the OWNER in this behalf permit a deviation or variation from the Specifications or accept any work or items of work performed by the CONTRACTOR at variance with the Specifications and any such permission, deviation or variation shall ipso facto be subject to the condition that the monetary benefit of the deviation or variation, as determined by the Engineer-in- Charge (whose decision shall be final and binding upon the CONTRACTOR) shall be passed on to the OWNER. In such event the CONTRACTOR shall be entitled only to such remuneration in respect of such works or item(s) of work as may be determined by the Engineer-in-charge after reduction of the monetary benefit arising from the deviation or variation as determined by the Engineer-in-charge after reduction of the monetary benefit arising from the deviation or variation as determined by the Engineer-in-charge which determination shall not be disputable by nor can otherwise form the subject matter of a notified claim by the CONTRACTOR.

4.11.2.0 Any permission or acceptance for any deviation or variation in specification as envisaged in

Clause 4.11.1.0 hereof shall not be understood by the CONTRACTOR unless specifically given in writing by the Engineer-in-charge to the CONTRACTOR in the absence of which any deviation taken or variation done in any work performed by the CONTRACTOR at variance with contractual specifications, shall be deemed to be defective works attracting consequences elsewhere herein specified with respect to defective work(s).

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SECTION - 5 INSPECTION, TESTING AND QUALITY ASSURANCE

5.0.0.0 QUALITY ASSURANCE 5.0.1.0 Within two weeks of the receipt of the Letter of Acceptance from the OWNER, the

CONTRACTOR shall submit to the Engineer-in-charge, a detailed Quality Assurance Plan envisaged by him for ensuring due and proper adherence to Quality as required by the Specifications for the work. This Quality Assurance Plan (QAP) shall give in detail the Organization and Methodology, Checks and controls, as well as the Correction mechanisms built into the QAP system as envisaged by the CONTRACTOR at the Site and elsewhere, for ensuring quality inputs into the work and for ensuring quality output on the Job.

5.0.2.0 The Engineer-in-charge shall be entitled, from time to time and at any time to make or cause

to be made such addition(s), modification(s) or alterations(s) in the QAP as he considers necessary to improve the QAP (the decision of the Engineer-in-Charge in this behalf shall be final and binding on the CONTRACTOR), and the CONTRACTOR shall thereafter follow the QAP as added, modified or altered by the Engineer-in-charge.

5.1.0.0 INSPECTION AND TESTING OF MATERIALS 5.1.1.0 The Engineer-in-Charge shall be entitled at all times, at the risk of the CONTRACTOR, to

inspect and/or test by itself or through an independent person(s) or agency(ies) appointed by the OWNER or Engineer-in-Charge and/ or to direct the CONTRACTOR to inspect and/or test or to get inspected and/or tested, all materials, items and components, whatsoever supplied or proposed for supply for incorporation in the works, inclusive during the course of manufacture or fabrication by the CONTRACTOR and/ or at the CONTRACTOR's or his sub-vendors' works or otherwise, of such material, item or component. The inspection and/ or tests shall be conducted at the expense of the CONTRACTOR, and may be directed by the OWNER or Engineer-in-charge to be conducted by authorized representatives of the OWNER/ Engineer-in-charge or third party inspection agency(ies) appointed by the OWNER. The OWNER may also require that all the inspections and tests conducted by the CONTRACTOR at his works or his sub-vendors' works be carried out in the presence of authorized representatives of the OWNER/ Engineer-in-Charge/ third party inspection agency(ies) appointed by the OWNER. The CONTRACTOR shall provide the OWNER/ Engineer-in-charge and/or their representatives/Agents every facility or assistance necessary for carrying out or witnessing, as the case may be, the Test(s)/ Inspection(s).

5.1.2.0 The CONTRACTOR shall also on receipt of intimation of any communication of any

inspection or tests by the OWNER/ Engineer-in-Charge or any of their representative(s)/ agency(ies) nominated by the OWNER or Engineer-in-Charge in this behalf, present himself or his authorized representative at the place of inspection and/or testing to receive any orders or instructions consequent thereto, as shall be necessary.

5.1.3.0 The CONTRACTOR shall furnish to the Site Engineer for approval when requested, or as

required by the specifications or other contract documents, adequate samples of all materials and finishes intended for incorporation in the works, such samples are to be submitted before the work is commenced permitting sufficient time for test(s)/examination(s) thereof of the OWNER. All materials furnished and finishes incorporated in the work shall conform to the approved sample(s) all respects.

5.1.4.0 The Engineer-in-Charge and/or Site Engineers hall be entitled to reject at any time any

defective material, item or component (including specially manufactured or fabricated items and components) supplied by the CONTRACTOR for in corporation in the works, notwithstanding previous inspection and/or testing thereof by or on behalf of the OWNER without rejection and notwithstanding previous approval thereto by or on behalf of the OWNER (the decision of the Engineer-in-Charge as to any defect as aforesaid being final and binding upon the CONTRACTOR), and upon such rejection, the CONTRACTOR shall either perform such work or improvement thereon or in respect thereof, as shall be necessary to bring the material item/component to the requisite standard, or shall, if so required by the Engineer-in-Charge (whose decision in this behalf shall be final), remove the rejected material/item/component from the job site within the time specified by the Engineer-in-Charge

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or the Site Engineer and replace it at his own cost and expense (without additional remuneration or compensation in respect thereof) with material(s)/ item(s)/ component(s) approved by the Site Engineer. The provisions of clause 5.2.7.0 hereof shall mutatis mutandis apply to any failure of default by the CONTRACTOR to do so.

5.2.0.0 INSPECTION AND TESTING OF WORKS 5.2.1.0 The CONTRACTOR shall at all times ensure the highest standards of workmanship relative

to the work, to the satisfaction of the Site Engineer or any Inspector(s) or Inspecting Agency(ies) by the OWNER/ Engineer-in-Charge in this behalf. The Site Engineer/ Inspector(s)/ Inspecting Agency(ies) shall have the power to inspect the work in all respects, at any and all times up to completion of the work as also to test or instruct the CONTRACTOR to test the works or any structure, material or component thereof at the risk and cost of the CONTRACTOR, either by the CONTRACTOR or by any agency(ies) nominated by the OWNER/Engineer-in-Charge or Site Engineer in this behalf.

5.2.1.1 The CONTRACTOR shall provide all facilities, instruments, material, labour and

accommodation required for inspecting and testing the works (including checking the setting out of the works) and shall afford the Site Engineer/Inspector(s)/Inspecting Agency(ies) all assistance necessary to conduct the tests.

5.2.1.2 The CONTRACTOR shall also provide and keep at all times during the progress of the work

and maintenance period, proper means of access to the works and every part thereof by means of ladders, gangways, etc., and necessary attendance to move and set up the same as directed by the Site Engineer/Inspector(s)/Inspecting Agency(ies) for inspection or measurement of the works.

5.2.2.0 On no account shall the CONTRACTOR proceed with concreting or other work such as (but

not limited to) foundations, superstructure or edge preparation of pipes for welding) by covering up or otherwise placing beyond the reach of inspection or measurement any works before necessary inspection entries are filled in the Site Inspection Register by the Site Engineer or the Inspector(s) Inspecting Agency(ies).

5.2.3.0 Should the CONTRACTOR fail to comply with any of the provisions aforegoing relative to

inspection and/ or testing of the works, the Engineer-in-Charge or Site Engineer shall in his absolute discretion be entitled to remove/ dismantle and/ or uncover, as the case may be, at the risk and cost of the CONTRACTOR for test and examination any works, structure or component thereof installed, erected or put up by the CONTRACTOR and to conduct or have conducted the test(s) and/or examination at the risk and cost of the CONTRACTOR. In such event, the CONTRACTOR shall also bear the risk and costs of replacement, reinstallation or re-erection of the concerned works, structure, or component, as the case may be.

5.2.4.0 Notwithstanding anything provided in the aforegoing clauses hereof, the CONTRACTOR shall

be and remain liable at his own cost and initiative to conduct all tests at all relevant times during supply, erection and installation of any works, structure, material or component as shall be required in terms of the Contract Documents or by any codes or specifications referred to therein or approved by the OWNER or the Engineer-in-Charge. Where the Contract Documents or codes or specifications do not state or nominate the agency or laboratory where such test shall be conducted, the same shall be conducted at the cost of the CONTRACTOR through an agency(ies) laboratory(ies) nominated by the OWNER or the Engineer-in-Charge for the purpose.

5.2.5.0 Should the Engineer-in-Charge or Site Engineer on inspection or testing be not satisfied with

the quality or workmanship of any works, structure, item or component (the decision of the Engineer-in-Charge being final in this behalf), the CONTRACTOR shall forthwith re-perform, replace, reinstall or re-erect, as the case may be, such works, structure, item or component, and no such rejected works structure, item or component shall be reused with reference to the work except with the prior permission of the Engineer-in-Charge or Site Engineer, and the provisions of Clause 5.2.7.0 hereof shall apply to default by the CONTRACTOR of the provisions of this Clause.

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5.2.6.0 Notwithstanding anything provided in foregoing clauses hereof and notwithstanding that the Site Engineer and/or Inspector(s) or Inspecting Agency(ies) has/have inspected, tested and/or approved any particular work, structure, item or component, such inspection, test or approval shall not absolve the CONTRACTOR of his full responsibility under the Contract (inclusive of and relative to specification fulfillment and performance guarantees) the said inspection and test procedure being intended basically for the satisfaction of the OWNER that prima facie the erection done and/or materials and components supplied for incorporation in the works is in order.

5.2.7.0 Should the CONTRACTOR fail to remove and/or re-perform replace, reinstall, reerect, as the

case may be, any work, structure, material, item or component rejected or found defective in terms of Clause 5.1.4.0 or Clause 5.2.5.0 hereof within such period as the Engineer-in-Charge may specify by written notice to the CONTRACTOR in this behalf, the CONTRACTOR shall be deemed to be in breach of contract within the provisions of Clause 7.0.1.0 hereof with regard to termination of Contract and associated provisions thereunder and the OWNER and Engineer-in-Charge shall be entitled (without prejudice to any other right or remedy of the OWNER) to remove the rejected/ defective works, structure, material, item or component and to re-perform, replace reinstall and/ or re-erect, as the case may be, the same by itself or through other agency(ies) or contractor(s) at the risks and costs of the CONTRACTOR in all respects, and recover the costs incurred by the OWNER in this behalf together with a supervision charge of 15% (fifteen percent) thereon admissible to the OWNER, and the OWNER shall be entitled (without prejudice to any other mode of recovery) to deduct the same from the Running Account/ Final Bill(s) of the CONTRACTOR or any monies becoming due to the CONTRACTOR from time to time under this or any other Contract.

5.2.7.1 For the purposes of Clause 5.2.7.0 hereof, the decision of the Engineer-in-Charge on whether

the works, structure, material, item or component is/are defective and/or is/ are required to be removed and/or re-performed replaced, re-installed and/or re-erected, as the case may be, and as the costs incurred by the OWNER in this behalf, shall be final and binding upon the CONTRACTOR.

5.2.8.0 Without prejudice to and in addition to any other right of inspection, test or examination by the

OWNER, before or after the passing and payment of the Final Bill, but before the expiry of the defect liability period, external agencies such as the Chief Technical Examiner of the Central Vigilance Commission shall have the right to technically audit the works. Any defects in the works pointed out by this technical audit group/agency shall be final and binding on the CONTRACTOR, that the Final Bill had been passed and/or paid to the CONTRACTOR and notwithstanding that the findings and report of this agency is released after the expiry of the defect liability period. The CONTRACTOR shall be bound to remove the defects pointed out by the technical audit group/agency and to repair/ replace the defective works to the satisfaction of the OWNER, and the OWNER shall be entitled to retain in whole or part the CONTRACTOR's dues (if the Final Bill has not been paid), or the Security Deposit (if any) remaining in the hands of the OWNER, or to encash in whole or part the Bank Guarantee(s) (if any) remaining in the hands of the OWNER to ensure the fulfilment of the CONTRACTOR's obligations in this regard. The Provisions of Clauses 5.2.7.0 and 5.2.7.1 hereof shall mutatis mutandis apply to such defect(s).

5.2.8.1 Should the CONTRACTOR fail to comply with the provisions of Clause. 5.2.8.0 hereof, the

provisions of Clauses 5.2.7.0 and 5.2.7.1 hereof shall mutatis mutandis apply. 5.2.8.2 In case the defects or any of them are such as not to require replacement, the OWNER shall

have the right to accept the defective work with suitable reduction in rates/price, as may be determined by the General Manager, for the determination of which the provisions of Clause 2.4.1.2 hereof shall mutatis mutandis apply, for which purpose any reference in Clause 2.4.1.2 to the Engineer-in-Charge shall be deemed to be a reference to the General Manager, and the defective works shall be deemed to be works not covered by the Schedule of Rates/lumpsum price as the case may be. The reduction as determined by the Engineer-i n-charge shall be final and binding on the CONTRACTOR.

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5.2.8.3 Should the money retained by the OWNER pursuant to the provisions of Clause 5.2.8.0 hereof be insufficient to meet the CONTRACTOR's liabilities, the CONTRACTOR shal l forthwith on demand by the OWNER pay the shortfall, failing which the CONTRACTOR shall be liable to pay the OWNER interest on the outstanding at the rate of interest applied by the State Bank of India on overdrafts, and the OWNER shall, without prejudice to any other right or remedy available to the OWNER, be entitled to recover the shortfall from any amount(s) payable or becoming due and payable under any other contract(s).

5.3.0.0 FINAL TESTS & POSSESSION OF WORKS 5.3.1.0 As soon as the works have been completed in all respects to the satisfaction of the

Engineerin-charge or Site Engineer, Final Tests of the works shall be undertaken by the CONTRACTOR at the risks and costs of the CONTRACTOR, in the presence of the Site Engineer or his authorized representative(s). The OWNER may at its discretion permit final test(s) piecemeal in respect of particular part(s) or group(s) of the works or in respect of particular job site(s) involved.

5.3.1.1. The CONTRACTOR and the Site Engineer shall maintain a joint record of all final tests

conducted, together with the results thereof, indicating the dates on which each of the said final tests was completed part-wise, component-wise, section-wise, group-wise, plant-wise, system-wise and sub-system wise, as well as on the entire works or Unit as a whole.

5.3.2.0 The OWNER shall be entitled to take over for operation, any of the various parts,

components, sections, groups, plants, systems or sub-systems of the work, on which the respective final tests are completed. The date, on which the final tests on the entire work have been completed, shall be reckoned as the date of completion of the entire work covered by the contract.

5.3.2.1 Unless commissioning is included within the scope of work of the CONTRACTOR, in a

contract in which the scope of work of the CONTRACTOR includes erection and/or installation of a Plant or Unit or of any equipment, the date of Mechanical Completion thereof recorded by the Engineer-in-charge pursuant to successful final tests under Clause 5.3.1.1 hereof shall be reckoned as date of completion of the work.

5.3.3.0 If during Final Tests or prior there to any defects(s) in the design (insofar far as the work may

involve any designing on the part of the CONTRACT OR) or in any work performed or structure or component installed or erected or re-installed or re-erected or in any installation or erection or material or other items incorporated in the works, is/are noticed, the CONTRACTOR shall forthwith repair (if it can be repaired) and/or remove and/or demolish the same (if it cannot be repaired) and replace, re-install and re-erect the same and otherwise do and provide whatever is necessary to be done or provided to correct, repair, and/ or rectify the defect(s) to the satisfaction of the Engineer-in-charge, and if the defect (s) be discovered during the Final Tests, the CONTRACTOR shall thereafter repeat the Final Tests or such of them as may be required to be repeated and so on, until the successful conclusion of Final Tests as aforesaid, without any defects in respect of the entire works or Plant or Unit, as the case may be.

5.3.3.1 Should the CONTRACTOR fail to correct, repair or rectify any defects as aforesaid, the

provisions of Clauses 5.2.7.0 and 5.2.7.1 hereof shall mutatis mutandis apply. 5.3.4.0 If, by reason of any default on the part of the CONTRACTOR, final tests cannot be conducted

in respect of the entire works or for the Plant or Unit (in the case of a Contract which includes within its scope the erection or installation thereof) or for any of the separate part(s), component(s), (s), group(s), system(s) or sub-system(s) comprised therein, within 30 (thirty) days after the dates fixed for the completion of the entire works covered by the contract under the Progress Schedule or Mechanical Completion of the Plant/Unit, as the case may be, the OWNER shall be entitled, notwithstanding anything provided in Clause 5.3.2.0 hereof and without prejudice to any other rights or remedies of the OWNER and/or the liabilities of the CONTRACTOR under the Contract including (but not limited to) the rights of the OWNER under clauses 4.4.0.0, 7.0.1.0 and associated clauses thereunder, to take over and use the incomplete works or Plant or Unit, as the case may be, with or without affording the CONTRACTOR any further opportunity for completing the works and/or satisfying the

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requirements of final tests. The taking over and possession or use of the works or Plant or Unit or any part or portion or component, section or group or system or sub-system thereof by the OWNER, under the above provisions shall not be deemed to be an acceptance of the works or Plant or Unit or the relative part, portion, component, section, group, plant, system or sub-system, as the case may be, nor shall relieve the CONTRACTOR of his full obligations in respect thereof under the contract.

5.3.5.0 If the CONTRACTOR is permitted to complete and/or conduct final tests for the works or

Plant or Unit, or any part of the works or Plant or Unit, as the case may be, after it is taken over under the provisions hereof, this shall be without prejudice to the rights of the OWNER under the contract, (but not limited to) clauses 4.4.0.0 and 7.0.1.0 and associated clauses thereunder.

5.3.5.1 If the CONTRACTOR is permitted to complete and/or conduct final tests for the works or

Plant or Unit or any part of the works or Plant or Unit, as the case may be, and the CONTRACTOR is of opinion that such taking over and/or use shall require an extension of time for completion and/or for conducting final tests, the provisions of Clause 4.3.5.0 and associated Clauses thereunder relating to extension of time shall apply.

5.3.5.2 If pursuant to action under Clause 5.3.4.0 the CONTRACTOR is not permitted by the

OWNER to complete and/or to conduct final tests for the works or Plant or Unit or any part thereof, the incomplete works/Plant/Unit shall be deemed to be a defective work. If the OWNER decides not to exercise its rights under Clause 4. 7.4.0 or Clause 7.0.1.0 in respect thereof, then the OWNER shall (without prejudice to any other right which it may have) be deemed to have agreed to accept the defective works subject to a reduction in the applicable rate(s)/lumpsum price(s) as determined by the General Manager, and the provisions of Clause 5.2.8.2 hereof shall mutatis mutandis apply.

5.3.6.0 If the Final Tests cannot be completed in respect of the entire work or the Plant/ Unit or any

part/ component/ section/ group/system/ subsystem thereof, for reasons solely attributable to the OWNER, within 30 (thirty) days after the date fixed for completion of the entire Works or Mechanical Completion of the Plant/ Unit, as the case may be, under the Progress Schedule, the OWNER shall be entitled to take over and use the works/ Plant/Unit pending the completion of the Final Tests by the CONTRACTOR at a later date. If, however, the Final Tests cannot be completed within 6 (six) months of taking over the works/Plant/Unit for reasons solely attributable to the OWNER, the CONTRACTOR 's progressive/ stage wise payment, if any, held back specifically for non-completion of the said Final Tests, shall be released to the CONTRACTOR by the OWNER, against a Bank Guarantee for an equival ent amount issued in a form and by a Scheduled Bank in India acceptable to the OWNER. This Bank Guarantee shall be kept valid for a period of 6 (six) months from the date of release of payment as aforesaid. If, however, it is still not possible to conduct the Final Tests, within the validity period of the aforesaid Bank Guarantee for reasons solely attributable to the OWNER, the requirement of Final Tests for the concerned works or Plant/Unit or part/ component/section/ group/ plant system/ subsystem thereof, shall stand waived and the said Bank Guarantee will be released to the CONTRACTOR, duly discharged, by the OWNER.

5.3.7.0 The OWNER may, in addition to any other right(s) or power(s) to take over and/or use

incomplete or defective works, at any time during the progress of the works, notwithstanding that time for the completion of the entire works or concerned part, system(s), portion or section thereof according to the Progress Schedule(s) shall not have expired, take over and/or use for any purpose the incomplete or partially completed works or any part, system(s), portion or section thereof, as the case may be, and give the CONTRACTOR an opportunity for completing the work or relative part, system(s) or portion or section thereof, as the case may be, within the time for completion permitted therefor under the Progress Schedule. If in the opinion of the CONTRACTOR, such taking over and/or use require an extension of time for completion, the provision of Clause 4.3.5.0 hereof and associated clauses thereunder relating to extension of time shall apply. Provided Always that such taking over, possession or use of the works or any part, system(s), portion or section thereof by the OWNER within the provisions hereof shall not be deemed to be an acceptance of work or relative part, system(s), portion or section thereof by the OWNER or relieve the CONTRACTOR of his full obligations in respect thereof under the CONTRACT.

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5.4.0.0 COMMISSIONING AND PERFORMANCE TESTS 5.4.1.0 If commissioning is within the scope of work of a CONTRACTOR engaged inter alia for

erection and/or installation of a Plant or Unit, the work shall be deemed not to be complete unless the Plant/Unit is successfully commissioned and handed over to the OWNER for operation.

5.4.2.0 Prior to commissioning the Plant or Unit, the CONTRACTOR shall undertake all operations

necessary for start-up of the Plant/Unit to the satisfaction of the Engineer-in-Charge. 5.4.3.0 While the OWNER shall provide the utilities required for start-up and commissioning the

Plant/Unit and the raw material or feed stock to be processed in the Plant or Unit, the CONTRACTOR shall provide all other inputs and consumables required for start-up and commissioning the Plant/Unit including grease and lubricants and first fill of fuels and oils for the equipment and Machinery.

5.4.4.0 The CONTRACTOR shall provide all personnel required for start-up and supervisory and

technical personnel required for commissioning, while the OWNER shall provide operating personnel for commissioning, and shall make and undertake modifications in the Plant/Unit required for successfully commissioning the Plant/Unit. The CONTRACTOR shall not, however, within the scope of the work of erecting and/or installing or commissioning the Plant/Unit be required to supply any material (other than utilities and consumables) required to be incorporated in such modification.

5.4.5.0 The Plant/Unit shall be understood to have been successfully commissioned by continuous

and stablised operation upto full capacity for a continuous period of not less than 7 (seven) days. On successful commissioning of Plant/Unit, the Engineer-in-Charge shall issue a Commissioning Certificate which shall state the date of completion of commissioning.

5.4.6.0 If conduct of Performance Tests falls within the scope of work of a CONTRACTOR engaged

inter alia for erection and/or installation of a Plant or Unit, the work shall be deemed not to be complete until successful completion of the Performance Tests.

5.4.6.1 Performance tests shall be started when the Unit is stabilized under design conditions. The

plant shall be operated and controlled in accordance with procedures set up before hand. The performance shall be measured on the basis of the average of data obtained during 72 (Seventy two) hours of performance tested under continuous operation of the Unit/Plant in performance test conditions after the Unit/Plant has been stabilized.

5.4.7.0 The CONTRACTOR shall provide technical and supervisory personnel required to conduct

the Performance Tests, while the OWNER shall provide all other inputs required for the purpose. The CONTRACTOR shall make and undertake all modifications required to be made in the Plant/Unit to meet the Performance parameters and/or to successfully complete the Performance Tests for the Plant/Unit. The CONTRACTOR shall not, however, within the scope of work of erecting and/or installing or conducting Performance Tests for the Plant/Unit be required to supply any materials (other than utilities and consumables) required to undertake the modifications. The Performance Tests shall be repeated, if necessary, until successful completion of the Performance Tests. On successful completion of the Performance Tests, the Engineer-in-Charge shall issue the CONTRACTOR a Performance Test Certificate which shall indicate the dates on which the Performance Tests were conducted and the date(s) of successful completion of the Performance Tests. The provisions of Clause 5.2.6.0 hereof shall mutatis mutandis apply to Performance Tests in the same manner as they apply to Final Tests.

5.4.8.0 If during commissioning and/or Performance Tests any defects are discovered in any work

performed by the CONTRACTOR or in any erection or installation undertaken by the CONTRACTOR, the CONTRACTOR shall forthwith within the scope of work do and provide all that is necessary to be done or provided to correct, repair and/or rectify the defect(s) to the satisfaction of the Engineer-in-Charge and shall remove or demolish and re-erect or re-install the defective works, if necessary, and shall thereafter continue with the commissioning or repeat the Performance Tests, as the case may be, or such of them as are required to be

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performed, and so on until successful completion of the Commissioning and/or Performance Tests. Should the CONTRACTOR fail to correct, repair or rectify any defects as aforesaid, the provisions of Clauses 5.2.7.0 and 5.2.7.1 hereof shall mutatis mutandis apply.

5.4.8.1 (a) If on any testing any material or equipment or the Unit does not meet the design, rated

or guaranteed performance relative thereto, the CONTRACTOR shall forthwith within the CONTRACTOR's scope of work and at no additional cost to the OWNER undertake such additional tests and/or operations as are necessary to identify the cause of such failure. Such tests and/or operations shall be conducted in conjunction with the Process Licensor, if the Unit as a whole fails to meet the Process Licensor's Guarantees.

(b) If as a result of such tests and/or operations it is determined that the design, rated

and/or guaranteed outputs or capacities have not been met because of a defect or deficiency or unsuitability or inadequacy in or of any material(s) (including machines and equipments) by the CONTRACTOR, the CONTRACTOR shall forthwith in consultation with the Engineer-in-Charge take steps necessary to cause the defect/ deficiency/ unsuitability/inadequacy to be identified and rectified, either by re-placement of the defective material or part thereof or by repair thereof.

(c) If under any of the provisions hereof, the CONTRACTOR is required to undertake any

modification, rectification or replacement, the CONTRACTOR shall for this purpose forthwith establish a Time Schedule acceptable to the Engineer-in-Charge for such modification/replacement/rectification bearing in mind the time exigencies and the Project requirements. Should the CONTRACTOR fail to establish the Time Schedule, the Engineer-in-Charge shall establish the Time Schedule, and the Time Schedule so established shall be binding on the CONTRACTOR.

(d) Should the CONTRACTOR thereafter fail to adhere to a Time Schedule so established

for the replacement/rectification, the OWNER may (but without obligation to do so) take over in whole or part such replacement/rectification at the risk and cost of and as agent of the CONTRACTOR. In so doing, the OWNER shall be entitled to identify and employ through private negotiations the quickest available resources of supply and/or work without resorting to the tender process or any other form of competitive bidding and shall be entitled to recover from the CONTRACTOR, the costs incurred by the OWNER in respect thereof, plus 15% (fifteen percent) supervision charges.

5.4.9.0 The procedure for commissioning the Plant/Unit and/or for conducting Performance Tests

shall be as prescribed by the Engineer-in-Charge taking into account the requirements of the manufacturers/Vendors of plant and equipment and the Licensors of the process(es). The CONTRACTOR shall strictly comply with the procedure to ensure strict adherence with the said requirements.

5.4.9.1 Although the CONTRACTOR is not responsible for process guarantees, he shall carry out all

activities for collecting the required data during Performance Test runs to identify problems of non-performance for further analysis and modifications required to meet process performance parameters.

5.5.0.0 COMPLETION CERTIFICATE 5.5.1.0 After the final tests have been successfully completed in respect of all the works envisaged in

the contract, or after the Plant/Unit has been Mechanically completed, as the case may be, the CONTRACTOR shall clear the job site of all scaffolding, wiring, pipes, surplus materials, CONTRACTOR 's labour, equipment and machinery and shall demolish, dismantle and remove all CONTRACTOR 's site offices and quarters and other temporary works, structures and constructions and other items and things whatsoever brought upon or erected at the job site or any land allotted to the CONTRACTOR by the OWNER and not incorporated in the permanent works and shall remove all rubbish from the job site and the land allotted to the CONTRACTOR and shall clear, level and dress the job site and said land to the satisfaction of the Site Engineer and shall put the OWNER in undisputed custody and possession of the job site and all land allotted by the OWNER to the CONTRACTOR, and unless the CONTRA CTOR shall have fulfilled the provisions of the clause, the works shall not be deemed to have

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been completed, and failing compliance by the CONTRACTOR of the provisions of this clau se, the provisions of Clauses 7.0.6.0 and 7.0.7.0 hereof and associated provision thereunder shall mutatis mutandis apply.

5.5.2.0 Upon the satisfactory fulfillment by the CONTRACTOR of the provisions of Clause 5.5.1.0

hereof, the CONTRACTOR shall be entitled to apply to the Engineer-in-Charge, for a Completion Certificate in respect of the entire work or work at any job site, as the case may be, upon submission of the following documents:

(i) The Technical Documents according to which the work was carried out; (ii) Complete set of working drawings showing therein corrections and modifications (if

any) made during the course of execution of the works, signed by the Engineer-in-Charge;

(iii) Certificates of final levels as set for various works, signed by the Site Engineer; (iv) Records of the final test as maintained jointly and signed by the representative of the

CONTRACTOR and the Site Engineer or Mechanical Completion Certificate (if commissioning is not within the CONTRACTOR's scope of work) and Commissioning Certificate (if Performance Tests are not within the CONTRACTOR's scope of work) and Performance Test Certificate (if Performance Tests are within the CONTRACTOR'S scope of work).

(v) Certificate of Site Engineer of satisfactory fulfillment of the provisions of Clause 5.5.1.0 hereof;

(vi) List of surplus/scrap materials, (out of the materials issued by the OWNER) returned to the OWNER's Store or otherwise disposed of, duly signed by the Site Engineer;

(vii) Materials-at-site accounting for OWNER-supplied materials, signed by the Site Engineer;

(viii) Discharge Certificate in respect of OWNER-supplied equipment and machinery, signed by the Site Engineer; and

(ix) Declaration by the CONTRACTOR that he has duly cleared any and all of the dues payable by him to his Labour/ Piece rate workers (PRWs), Sub-Contractors, Suppliers, Vendors, Income Tax, Sales Tax, Octroi and Service Tax, Excise and Customs, Provident fund, ESI and royalties, if any.

5.5.3.0 If Engineer-in-Charge is satisfied of the completion of the work relative to which the

Completion Certificate has been sought and of the completeness in all respects of the Documents specified in Clause 5.5.2.0 hereof, the Engineer-in-Charge shall, within 14 (fourteen) days of receipt of the application for Completion Certificate, issue a Completion Certificate in respect of the said work in the format prescribed by the OWNER.

5.5.3.1 The issue of a Completion Certificate shall be without prejudice to the OWNER's rights and to

the CONTRACTOR's liabilities under the Contract, including the CONTRACTOR's liability for the defect liability period under Clause 5.6.1.0 hereof, nor shall the issue of a Completion Certificate in respect of the works or work at any job site be construed as a waiver of any right or claim of the OWNER against the CONTRACTOR in respect of work or the works at the job site in respect of which the Completion Certificate has been issued.

5.5.4.0 Up to and until issue of the Completion Certificate as provided for hereinabove in respect of

the work or works at any job site, the relative work(s) shall be and remain at the risks of the CONTRACTOR in all respects, including (but not limited to) accident, fire, lightning, earthquakes, flood, storm, tempest, riot, civil commotion and/ or war, except for such works/Plant/Unit or parts, portions, components, sections, groups, systems or sub-systems, which have been taken over by and put to beneficial use by the OWNER, in respect whereof such risks shall pass to the OWNER when the OWNER takes over the same in terms of the Contract.

5.6.0.0 DEFECT LIABILITY PERIOD 5.6.1.0 The Defect Liability Period for the works (including the materials incorporated therein within

the CONTRACTOR's scope of supply) shall unless otherwise specified be 12 (twelve) months from the date of issue of the Completion Certificate.

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5.6.1.1 The CONTRACTOR shall, at his own cost and initiative, correct, repair and/or rectify any and all defect(s) and/or imperfections in the design of the work (insofar as the CONTRACTOR shall be concerned with the design of the work or any part thereof) and/or in the work performed and/or materials, components or other items incorporated therein within the CONTRACTOR's scope of supply as shall be discovered during the Defect Liability Period and in the event of the CONTRACTOR failing to do so, the provisions of Clauses 5.2.7.0 and 5.2.7.1 hereof shall apply.

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SECTION 6 MEASUREMENTS AND PAYMENTS

6.0.0.0 FINAL MEASUREMENTS 6.0.1.0 Within 15 (fifteen) days from the date of completion of Final Test(s) in respect of the works or

any portion, section, group or job site, as the case may be, the CONTRACTOR shall cause to be jointly taken with the Site Engineer, final measurements as herein provided for the works covered by the said Final Test(s).

6.0.2.0 If the CONTRACTOR fails to apply to the Engineer-in-Charge for final measurements within

15 (fifteen) days from the date of relative final tests as specified in Clause 6.0.1.0 hereof, the Site Engineer may, of his own initiative, notify the CONTRACTOR in writing of the date(s) for final measurements. The CONTRACTOR shall be bound to present himself for the measurements on date(s) so notified, failing which the provision of Clause 6.1.4.0 hereof shall apply.

6.1.0.0 MODE OF MEASUREMENT 6.1.1.0 All measurements shall be in the metric system, and except where expressly indicated to the

contrary in the Schedule of Rates or other Contract Documents, all measurements shall be taken in accordance with the procedures set forth in the Schedule of Rates, Specifications and other Contract Documents, notwithstanding any provision(s) in the relative standard method of measurement or any other general or local custom to the contrary.

6.1.2.0 In the event of the mode of measurement being not provided for by the Contract Documents

in respect of any item of the work, such item of work shall be measured in accordance with the Indian Standard Specification No.1200 (latest edition) and such other Indian Standard Specifications as may be applicable, and in the event of such item not being covered by the said Indian Standard Specifications, shall be measured in accordance with the method of measurement in this behalf determined by the Engineer-in-Charge, whose decision shall be final and binding upon the CONTRACTOR.

6.1.3.0 All measurements shall be taken jointly by the Site Engineer or his representative on the one

hand and the CONTRACTOR or his representative on the other hand and the CONTRACTOR shall be bound to present himself or his authorised representative whenever so required by the Site Engineer, and shall remain present throughout the time required for joint measurements.

6.1.4.0 If the CONTRACTOR absents himself for any reason whatsoever on any date appointed for

joint measurements, the joint measurements shall be taken by the Site Engineer in the absence of the CONTRACTOR and the measurements signed by the Site Engineer shall be final and binding upon the CONTRACTOR.

6.1.5.0 Measurements shall be signed and dated on each page by the CONTRACTOR/

CONTRACTOR's representative and Site Engineer/Site Engineer representative. If the CONTRACTOR objects to any of the measurements recorded, including the mode of measurement, such objection shall be noted in the measurement book against the item objected to and such note shall be signed by the CONTRACTOR/ CONTRACTOR's representative and Site Engineer/Site Engineer's representative. In the absence of any noted objection as aforesaid, the CONTRACTOR shall be deemed to have accepted the relative measurements as entered in the Measurement Book/Sheets and shall be barred from raising any objection in respect of any measurements recorded in the Measurement book.

6.1.6.0 All measurements relative to which any objections have been noted in the Measurement

Book shall be submitted to the Engineer-in-Charge for his decision, and the decision of the Engineer-in-charge relative thereto (whether on the correct measurement to be adopted or on the mode of measurement to be adopted) shall be final and binding upon the CONTRACTOR.

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6.2.0.0 FINAL BILL 6.2.1.0 On the basis of the Final Measurements entered in the Measurement Books/Sheets (the

measurements decided by the Engineer-in-Charge upon any objection and/or mode of measurement decided by the Engineer-in-Charge upon any objection being the measurement to be adopted in such event), the CONTRACTOR shall prepare and submit to the Engineer-in-charge a Final Bill in the prescribed form with reference to the total work covered by the Contract. Such Bill is to be drawn up by applying the applicable rate(s) specified in the Schedule of Rates to the relative measured quantity(ies). Final Bill shall also include the reconciliation or accounting of all materials supplied by or on behalf of the OWNER as free issue material or otherwise.

6.2.1.1 If there is any difference or disputes between the CONTRACTOR and the OWNER as to the

item(s) of the Schedule of Rates applicable to any particular supply, work or operation, the decision of the Engineer-in-charge on the applicable item(s) of the Schedule of Rates shall be final and binding upon the CONTRACTOR. If the Engineer-in-Charge shall be of the opinion (which opinion shall be final and binding upon the CONTRACTOR) that the disputed supply, work or operation is not covered by any item in the Schedule of Rates or by any other rate fixed pursuant to the provisions hereof, the Engineer-in-charge shall determine the applicable rate(s) in respect thereof according to the provisions of Clause 2.4.1.2 hereof, and the rate(s) so determined by the Engineer-in-charge shall be final and binding on the CONTRACTOR.

6.2.1.2 If the CONTRACTOR has already prepared the Final Bill, the CONTRACTOR shall amend

the Final Bill to apply the applicable item(s) of the Schedule of Rates and/or rate(s) as determined by the Engineer-in-charge and if the CONTRACTOR has not prepared the Final Bill, shall prepare the Final Bill accordingly.

6.2.2.0 The Final Bill shall, in addition to the payment entitlements arrived at according to the

provisions of Clause 6.2.1.0 hereof and associated clauses above, include in a separate statement annexed thereto the notified claims of the CONTRACTOR as provided for in Clause 6.6.3.0 hereof.

6.2.3.0 The Final Bill drawn in accordance with the provisions hereof shall be submitted to the

Engineer-in- charge for certification in quintuplicate (or in such other number of copies as may be prescribed), by the Completion Certificate relating to the works.

6.2.3.1 The Engineer-in-Charge shall within 30 days of the receipt of the Final Bill drawn in

accordance with the provisions hereof proceed to check, correct and certify the Final Bill and shall forward the corrected and certified Final Bill to the OWNER for scrutiny and payment together with the Completion Certificate, and shall send to the CONTRACTOR for his information a copy of the Final Bill as corrected and certified.

6.2.4.0 All monies payable under the Contract shall become due to the CONTRACTOR only after

submission to the OWNER of the certified Final Bill accompanied by the Completion Certificate in respect of the works.

6.2.5.0 Payment of the amount(s) due on the Certified Final Bill to the extent admitted by the

OWNER shall be made within 90 (ninety) days from the date of its certification by the Engineer-in-charge.

6.2.5.1 The payment to the CONTRACTOR on the Final Bill shall be subject to deduction of retention

money(ies), balance security deposits and other claims, if any, as well as income tax as provided under section 194-C of the Income Tax Act and such other taxes and deductions as provided for under any law, rule or regulation having the force of law for the time being applicable (including any hold ups directed or necessitated by Court Orders or Orders of any Tribunal or other statutory authority and/or of the Vigilance Commission).

6.2.6.0 The OWNER may authorise the Engineer-in-charge and/or any other person(s) to commence

a dialogue with the CONTRACTOR for arriving at a settlement of the notified claims of the CONTRACTOR annexed to the Final Bill as provided in Clause 6.6.3.0 hereof.

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6.2.6.1 If a settlement is negotiated with the CONTRACTOR in respect of such claims and such settlement is approved by the OWNER, the CONTRACTOR shall submit a Supplementary Final Bill to the OWNER drawn in terms of the said settlement, and the provisions of Clause 6.2.3.1 and associated clauses thereunder shall mutatis mutandis apply to such Supplementary Final Bill.

6.2.6.2 Payment of the amount due on the Supplementary Final Bill to the extent admitted by the

OWNER shall be made within 90 (ninety) days from the date of its certification by the Engineer-in-Charge.

6.3.0.0 SCHEDULE OF RATES: 6.3.1.0 The remuneration determined due to the CONTRACTOR under the provision of Clause

6.2.2.0 hereof shall constitute the entirety of the remuneration and entitlement of the CONTRACTOR in respect of the work(s) under the Contract, and no further or other payment whatsoever shall be or become due or payable to the CONTRACTOR under the Contract.

6.3.2.0 Without prejudice to the generality of the provisions of Clause 6.3.1.0 hereof, the Schedule of

Rates shall be deemed to include and cover:

(i) All costs, expenses, outgoings and liabilities of every nature and description whatsoever and all risks whatsoever (foreseen or unforeseen) to be taken or which may occur in or relative to the execution, completion, testing and/or handing over the work to the OWNER and/or in or relative to acquisition, loading, unloading, transportation, storing, working upon, using, converting, fabricating, erecting any item, equipment, material or component in or relative to the works and the CONTRACTOR shall be deemed to have known the nature, scope, magnitude and the extent of the works and items, materials, utilities, consumables, equipment, and components and work, labour and services required for the proper and complete execution of the works though the Contract Documents may not fully and precisely set out, describe or specify them; and the generality hereof shall not be deemed to be anywise limited, restricted or abridged because in certain cases, the Contract Documents or any of them shall or may and/or in other cases, they shall or may not expressly state that the CONTRACTOR shall do or perform any particular work, labour or service or because in certain cases, the Contract Documents state a particular work, operation, supply, labour or service shall be performed/made by the CONTRACTOR at his own cost or without additional payment, compensation or charge or without entitlement of claim against the OWNER or words to similar effect, and in other cases, they do not do so or because in cases it is stated that the same are included in or covered by the Schedule of Rates and in other cases, it is not so stated;

(ii) The cost of all constructional plant, equipment, supply of water and power, construction

of temporary roads and access, temporary works and facilities, pumps, wiring, pipes, scaffolding, shuttering, and other materials, supervision, labour, insurances, fuel, stores, spares, supplies, appliances and other materials, items, articles and things whatsoever (foreseen or unforeseen) to be supplied, provided or arranged by the CONTRACTOR in or relative to or in connection with the performance and/or execution of each item specified in the Schedule of Rates and any related or incidental works or operations by expression or implication involved therein or incidental thereto, complete in every aspect in accordance with Contract Documents, and the plan(s), drawing(s), design(s), order(s) and/or instruction(s).

(iii) The cost of royalties, licence fees, charges, duties, penalties, levies and damages

whatsoever payable for or in respect of any protected or patented goods, materials, equipment or processes employed in or relative to the works and all rents, royalties, licence fees and any other fee, duty, penalty, levy, loss or damage payable on the excavation, or transportation of any material or acquisition or use of any right of way or other rights, licences, permits, privileges or usages required for or relative to the performance of the works;

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(iv) Customs duties, excise duties and other duties, sales tax on sale or purchase or turnover or on Works Contract or otherwise and other direct and indirect taxes, quay and port dues or charges and all other duties, taxes, fees, charges, levies octroi and/or cesses whatsoever imposed by the Central Government or State Government or Municipal or Local Bodies and other Authorities whatsoever payable on any ma terials and/or works imported, exported, transported, supplied or performed (including materials incorporated in the works or brought to site for the performance of the work) without any entitlement to the CONTRACTOR for any exemption, remission, refund or reduction thereof.

(v) The cost of all indemnities to the OWNER and insurance premia on insurance required

in terms of the Contract Documents under any law, rule or regulation, or otherwise taken out by the CONTRACTOR and the cost of all risks whatsoever (foreseen or unforeseen) including but not limited to risks of delay or extension of time or reduction or increase in the work or scope of work and/or cancellation of Contract and/or accidents, strike, civil commotion, war, trouble, third party breach, fire, lightning, inclement weather, storm, tempest, flood, and other acts of God, Government regulation or imposition or restriction, of road, rail and other transport, access or facilities, flooding of site and/or access roads or approaches thereto, suspension of work, sabotage and other cause whatsoever.

(vi) The cost of all material supplied to the OWNER and/or intended for incorporation in the

works delivered to the job site and stacked as instructed by the Engineer-in-Charge including (but not limited to) loading, transportation and unloading thereof, waste or materials and returns and disposal of waste and of empties; and

(vii) All supervision charges, establishment overheads, finance charges and other costs and

expenses of and charges to the CONTRACTOR, & CONTRACTOR's profit of and relative to the work.

6.3.3.0 The rates stated in the Schedule of Rates shall not be subject to escalation or increase on

any account whatsoever. 6.4.0.0 ON ACCOUNT PAYMENTS AND ADVANCES: 6.4.1.0 Without prejudice to the provision of Clause 6.2.4.0 hereof, the OWNER may at its discretion

by way of assistance to the CONTRACTOR, make 'on account' payments to the CONTRACTOR, during the progress of the work on the basis of Running Account Bills as hereinafter more specifically mentioned.

6.4.1.1 Monthly or otherwise as the Engineer-in-Charge may specify in this behalf, the

CONTRACTOR shall make a quantitative assessment of the work performed by CONTRACTOR at each job site during the preceding month or other specified period and submit a Running Account Bill (in the form prescribed by the OWNER) in quintuplicate to the Site Engineer of the work during the said month/period with detailed measurements thereof, the said Running Account Bill(s), to be drawn by applying unit quantities measured to the applicable item(s) in the Schedule of Rates. The Engineer-in-Charge shall thereafter have summary verification undertaken of the work and quantities entered in the Running Account Bill(s), and shall certify the Running Account Bill(s) for payment on basis of such verification.

6.4.1.2 Running Account Bills as specified in Clause 6.4.1.1 hereof may be drawn by the

CONTRACTOR every alternate month, and an ad hoc payment made by the OWNER in respect of the intervening month for the amount certified by the Engineer-in-Charge on the basis of a summary assessment made by the Engineer-in-Charge of the value performed by the CONTRACTOR during the intervening month, such ad hoc payment(s) to be deducted from the amount(s) certified by the Engineer-in-Charge as payable on the Running Account Bill(s) thereafter following.

6.4.1.3 Where the Contract stipulates a lump sum as payable for the work or where a lump sum rate

is stipulated in the Schedule of Rate(s) or otherwise in respect of any particular work or part thereof and the works are not, at any intervening stage, capable of measurement, the Running Account Bill to be prepared by the CONTRACTOR according to the provisions of

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Clause 6.4.1.1 hereof shall be prepared on the basis of a value assessment of such work as certified by the Engineer-in-charge, as percentage of the entire work or item of work for which the lump sum rate is stipulated.

6.4.1.4 No Running Account Bill(s) shall be made and/or certified for a total value of less than

Rs.25,000/- (Rupees twenty five thousand only) unless otherwise expressly agreed. 6.4.2.0 All on account payments shall be subject to deductions therefrom of all dues to the OWNER,

retention monies and other deductions provided for in the Contract, and taxes and other monies deductible within the provisions of Section 194-C of the Income Tax Act or any other law, rule or regulation for the time being in force.

6.4.3.0 All on account payments shall be regarded merely as advance payments against the amount

which will become due to the CONTRACTOR in terms of the Contract, and any such payments shall be without prejudice to the full rights of the OWNER under the Contract and to the liabilities of the CONTRACTOR thereunder, and specifically shall not be regarded as an acceptance or completion of any work(s) paid for in terms of any Running Account Bill or otherwise, notwithstanding any verification or certification by the Engineer-in-Charge in respect thereof.

6.4.3.1 The Schedule of Rate item(s) applied by the CONTRACTOR in respect of any work in his

Running Account Bill(s) and the acceptance thereof by the Engineer-in-Charge while verifying and certifying the Bill for payment in respect of such work or otherwise in certifying any payment within the provisions aforesaid shall not be deemed to be binding upon the OWNER as determining the applicable Schedule of Rate item(s) and shall be without prejudice to the rights of the OWNER within the provisions of Clause 6.2.1.1 hereof.

6.4.4.0 Unless or until an extension of time has been granted by the Engineer-in-charge under

Clause 4.3.5.0 hereof or by the OWNER under Clause 4.3.6.0 hereof on account payments made under Running Account Bills raised by the CONTRACTOR for the works executed after the expiry of the date of final completion of the works under the approved Progress schedule, shall be subject to provisional withholding of an amount towards adjustment by way of discount in the price calculated as per provisions of Clause 4.4.2.0 hereof. The amount so withheld shall be adjusted towards the Price Adjustment (if any) finally determined after completion of the works. As an alternative, the CONTRACTOR shall have an option to provide a Bank guarantee from a schedule bank and in a format acceptable to the OWNER for a sum equal to 10% (ten percent) of the total contract value which shall be available for recovery of the Price Discount (if any) finally determined after completion of the works. This Bank guarantee shall be in addition to any other guarantee to be provided by the CONTRACTOR and shall be valid for a period of not less than 12 (twelve) months from the date of final completion of the works.

6.4.5.0 In Contracts of a Total Contract Value of Rs. 50 lakh (Rupees fifty lakhs only) and above, the

CONTRACTOR may (if specified by him in his bid and accepted by the OWNER) be allowed a Mobilisation advance for an amount equivalent to upto 10% (ten per cent) of the Total Contract Value, subject to the fulfillment of the following conditions:

a) The CONTRACTOR shall have signed and sent back a copy (or copies if so required)

of the Acceptance of Tender issued by the OWNER in token of unqualified acceptance thereof.

b) The CONTRACTOR shall have furnished the Initial Security Deposit as stipulated in

Clause 2.1.1.0 and associated clauses hereof. c) The CONTRACTOR shall have executed the formal contract in terms of the Form of

Contract. d) The CONTRACTOR shall have made a formal application for the release of the

Mobilisation Advance and shall have furnished a Bank Guarantee to cover the Mobilisation Advance from a Bank in a format approved by the OWNER.

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e) The outstanding balance of the Mobilisation Advance shall carry interest at 1% (one percent) above the State Bank of India declared rate for cash credit advances prevailing on the date of opening of Price Bids;

f) Without prejudice to any other mode of recovery available to the OWNER, the

Mobilisation Advance, together with interest thereon calculated on the reducing balance, may be recovered at the rate of 10% (ten per cent) of the gross amount certified against each Running Account Bill, till the advance, together with the interest accrued thereon, is recovered in full. The unrecovered balance if any, and interest may be recovered from the Final Bill of the CONTRACTOR and/or from any other amount due to the CONTRACTOR under any other contract or otherwise.

g) (i) If the OWNER is satisfied that 25% (twenty five per cent) of the Mobilisation

Advance and interest accrued till then on the Mobilisation Advance has been repaid to or recovered by the OWNER, the OWNER may on the application of the CONTRACTOR, if the Bank Guarantee submitted by the CONTRACTOR covers and secures only the Mobilisation Advance, permit the CONTRACTOR to substitute the Bank Guarantee by a Bank Guarantee acceptable to OWNER for an amount reduced by 25% (twenty five per cent).

(ii) The provisions of paragraph (i) hereof above, shall mutatis mutandis apply to

the OWNER's satisfaction that the CONTRACTOR has repaid 50% (fifty per cent) and/or 75% (seventy five per cent), as the case may be, of the Mobilisation Advance, and interest upto then accrued till then on the Mobilisation Advance.

h) All other conditions stipulated in Clause 2.1.2.0 hereof shall be applicable to the

advance(s). 6.4.6.0 In addition, the OWNER may, at its discretion, allow Secured Advance(s) to the

CONTRACTOR, against imperishable materials brought to site for incorporation in the permanent works. Such Secured Advance(s) shall be governed by the following conditions :

(a) The decision of the OWNER as to whether or not to grant a Secured Advance and as

to what materials, if any, are imperishable for the grant of Secured Advance and/or as to what has to be done to qualify any particular material for the grant of Secured Advance, shall be final and binding on the CONTRACTOR. (b) The Secured Advance shall be limited to lower of the following:

(i) 75% (Seventy Five percent) of the value of the imperishable material brought to site for permanent incorporation in the works as assessed by the Engineer-in-Charge, who may call for (but shall not be bound by) the voucher(s)/invoices for any such material from the CONTRACTOR, who shall forthwith comply with the same ;

(ii) 90% (Ninety percent) of the concerned item rate for the work in which the

material is to be incorporated as set out in the Schedule of Rates. (c) The Secured Advance shall be recovered from the subsequent Running Account bill(s)

of the CONTRACTOR, to the extent as determined by the Engineer-in-charge (whose decision shall be final and binding upon the CONTRACTOR) that the materials covered by the Secured Advance are used up in or for the work(s) covered by the bill(s).

(d) Upon payment/disbursement by the OWNER to the CONTRACTOR or any supplier of the CONTRACTOR of any Secured advance with respect to any materials, the ownership of the said materials shall forthwith vest in the OWNER as security for the repayment of the said advance(s) without necessity of any further act, deed, matter or thing, and the said materials shall be deemed to be OWNER supplied materials entrusted to the CONTRACTOR for permanent incorporation in the works and the provisions of Clause 3.2.1.0 hereof {including sub clauses (a) to (t) thereof} shall mutatis mutandis apply thereto in the same manner as apply to other OWNER supplied

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materials, AND before payment/disbursement of any secured advance by the OWNER pursuant hereto the CONTRACTOR and the Engineer-in- charge shall jointly sign a Statement setting out and detailing the material(s) with reference to which the advance has been reckoned, title to which shall vest in the OWNER pursuant to the provisions hereof.

(e) Notwithstanding anything provided in sub-clause (c) hereof above, the OWNER shall be

entitled (without prejudice to any other right or remedy available to the OWNER) by written notice to the CONTRACTOR to recall the advance or the outstanding balance thereof in the circumstances set out in Clause 6.4.8.0 hereof or if the OWNER is of the opinion that by virtue of delay by the CONTRACTOR in the execution or completion of the work or for any other cause, the value of the remaining material against which the advance has been paid is insufficient to adequately secure the outstanding balance of the advance and interest payable thereon or if allowed to continue will become inadequate to secure the same. Should the CONTRACTOR upon such notice fail to repay the OWNER the outstanding balance of the said advance, it will be open to the OWNER without further reference or notice to the CONTRACTOR to sell in whole or part(s) the materials referred to in sub-clause (d) hereof above by private contract or public tender or a combination thereof or otherwise as the OWNER deems fit, and for the purpose to exercise all powers and to sign and do all acts, deeds, matter and things as are set out in Clause 7.0.6.0 hereof, and the provisions of the said clause shall mutatis mutandis apply to such materials in the same manner as they apply to scaffolding, wiring, pipes, surplus and other materials, equipment and machinery covered by the said Clause.

6.4.7.0 Nothing provided in the foregoing clauses hereof shall anywise be deemed to confer any

rights or entitlement on the CONTRACTOR to receive on account payments or Advance payments of any kind whatsoever, nor shall any failure or delay by the OWNER to make any advance or on account payment(s) as herein envisaged or otherwise afford the CONTRACTOR a ground or basis for extension of time for completion or otherwise relieve the CONTRACTOR from any of its/his liabilities under the Contract, it being clearly understood that these on account payments or advance payments are only by way of assistance to the CONTRACTOR.

6.4.8.0 The Mobilisation Advance and the materials covered by the Secured Advance shall be

utilised by the CONTRACTOR solely for and in the execution of the Contract and for no other purpose, and the CONTRACTOR shall satisfy the OWNER/Engineer-in-charge in this regard whenever required. If it is found that any of the advance(s) or materials aforesaid have been utilised by the CONTRACTOR in whole or part for any other purpose or if the Contract is for any reason cancelled or terminated, the OWNER may at its discretion recall the said advances or the unrecovered portion(s) thereof, as the case may be, and without prejudice to any other right or remedy available to the OWNER, recover the same by recourse to any Bank guarantee to which the OWNER may have recourse for the purpose.

6.5.0.0 MODE OF PAYMENT 6.5.1.0 All payment(s) by the OWNER under or in terms of the Contract shall be made in official

Indian currency only by crossed "Account Payee" cheque sent to the registered office of the CONTRACTOR or other office notified in this behalf by the CONTRACTOR or delivered to his authorised representative. All cheques drawn shall be payable at the office of the OWNER's bankers and in no case will the OWNER be responsible if the cheque is mislaid, misappropriated or otherwise lost or stolen.

6.6.0.0 CLAIMS BY THE CONTRACTOR 6.6.1.0 Should the CONTRACTOR consider that he is entitled to any extra payment or compensation

in respect of the works over and above the amounts due in terms of the Contract as specified in Clause 6.3.1.0 hereof or should the CONTRACTOR dispute the validity of any deductions made or threatened by the OWNER from any Running Account Bills, the CONTRACTOR shall forthwith give notice in writing of his claim in this behalf to the Engineer-in-Charge and the Site Engineer within 10 (ten) days from the date of the issue of orders or instructions relative to any works for which the CONTRACTOR claims such additional payment

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or compensation or of the happening of other event upon which the CONTRACTOR bases such claim, and such notice shall give full particulars of the nature of such claim, grounds on which it is based, and the amount claimed. The OWNER shall not anywise be liable in respect of any claim by the CONTRACTOR unless notice of such claim shall have been given by the CONTRACTOR to the Engineer-in-charge and the Site-Engineer in the manner and within the time aforesaid and the CONTRACTOR shall be deemed to have waived any and all claims and all his rights in respect of any claim not notified to the Engineer-in-Charge and the Site Engineer in writing in the manner and within the time aforesaid.

6.6.2.0 The Engineer-in-Charge and/or the Site Engineer shall be under no obligation to reply to any

notice of claim given or claim made by the CONTRACTOR within the provisions aforesaid or otherwise or to reject the same and no omission or failure on the part of the Engineer-in-Charge or Site Engineer to reject any claim made or notified by the CONTRACTOR or delay in dealing therewith shall be deemed to be an admission by the OWNER of the validity of such claim or waiver by the OWNER of any of its rights in respect thereof, with the intent that all such claims otherwise valid within the provisions of Clause 6.6.1.0 read with Clauses 6.6.3.0 and 6.6.3.1 shall be dealt with/considered by the OWNER at the time of submission of the Final Bill.

6.6.3.0 Any claims of the CONTRACTOR notified in accordance with the provision of Clause 6.6.1.0

hereof as shall remain at the time of preparation of Final Bill by the CONTRACTOR shall be separately included in the Final Bill prepared by the CONTRACTOR in the form of a Statement of Claims attached thereto, giving particulars of the nature of the claim, grounds on which it is based, and the amount claimed and shall be supported by a copy(ies) of the notice(s) sent in respect thereof by the CONTRACTOR to the Engineer-in-Charge and Site Engineer under Clause 6.6.1.0 hereof. In so far as such claim shall in any manner or particular be at variance with the claim notified by the CONTRACTOR within the provision of Clause 6.6.1.0 hereof, it shall be deemed to be a claim different from the notified claim with consequence in respect thereof indicated in Clause 6.6.1.0 hereof, and with consequences in respect of the notified claim as indicated in Clause 6.6.3.1 hereof.

6.6.3.1 The OWNER shall not anywise be liable in respect of any notified claim not specifically

reflected in the Final Bill in accordance with the provisions of Clause 6.6.3.0 hereof and any and all notified claims not specifically reflected and included in the Final Bill in accordance with the provisions of Clause 6.6.3.0 hereof shall be deemed to have been waived by the CONTRACTOR. Further the OWNER shall have no liability in respect thereof and the CONTRACTOR shall not be entitled to raise or include in the Final Bill any claim(s) other than a notified claim conforming in all respects and in accordance with the provisions of Clause 6.6.3.0 hereof.

6.6.4.0 No claim(s) shall on any account be made by the CONTRACTOR after the Final Bill, with the

intent the Final Bill prepared by the CONTRACTOR shall reflect any and all notified claims whatsoever of the CONTRACTOR against the OWNER arising out of or in connection with the Contract or work performed by the CONTRACTOR thereunder or in relation thereto, and the CONTRACTOR shall notwithstanding any enabling provision under any law or Contract and notwithstanding any right of claim in quantum meruit that the CONTRACTOR could have in respect thereof, be deemed to have waived any and all such claims not included in the Final Bill and to have absolved and discharged the OWNER from and against the same, even if in not including the same as aforesaid, the CONTRACTOR shall have acted under a mistake of law or fact.

6.6.5.0 Notwithstanding the existence of any claim by the CONTRACTOR in terms hereof or

otherwise, the CONTRACTOR shall continue and be bound to continue and perform the works to completion in all respects according to the Contract (unless the Contract or works be priorly determined by the OWNER in terms hereof) and shall remain liable and bound in all respects under the Contract.

6.6.6.0 The payment of any sum on account to the CONTRACTOR during the performance of any

work or item of work in respect of which a claim has been notified by the CONTRACTOR in terms of Clause 6.6.1.0 hereof or the making or negotiation of any interim arrangements in respect of the performance of such work or item of work by the OWNER, shall not be deemed to be an acceptance of the related claim by the OWNER, or any part or portion thereof with

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the intent that any such payment shall constitute merely an interim facility or interim assistance to the CONTRACTOR, and not an obligation upon the OWNER.

6.7.0.0 DISCHARGE OF OWNER'S LIABILITY 6.7.1.0 The acceptance by the CONTRACTOR of any amount paid by the OWNER to the

CONTRACTOR in respect of the final dues of the CONTRACTOR under the Final Bill upon condition that the said payment is being made in full and final settlement of all said dues to the CONTRACTOR shall, without prejudice to the notified claims of the CONTRACTOR included in the Final Bill in accordance with the provisions under Clause 6.6.3.0 hereof and associated provisions thereunder, be deemed to be in full and final satisfaction of all such dues to the CONTRACTOR notwithstanding any qualifying remarks, protest or condition imposed or purported to be imposed by the CONTRACTOR relative to the acceptance of such payment, with the intent that upon acceptance by the CONTRACTOR of any payment m ade as aforesaid, the Contract (including the arbitration clause) shall, subject to the provisions of Clause 6.8.2.0 hereof, stand discharged and extinguished except in respect of the notified claims of the CONTRACTOR included in the Final Bill and except in respect of the CONTRACTOR's entitlement to receive the unadjusted portion of the Security Deposit in accordance with the provisions of Clause 6.8.3.0 hereof on successful completion of the defect liability period.

6.7.2.0 The acceptance by the CONTRACTOR of any amount paid by the OWNER to the

CONTRACTOR in respect of the notified claims of the CONTRACTOR included in the Final Bill in accordance with the provisions of Clause 6.6.3.0 hereof and associated provisions thereunder, upon the condition that such payment is being made in full and final settlement of all the claims of the CONTRACTOR shall, subject to the provisions of Clause 6.7.3.0 hereof, be deemed to be in full and final satisfaction of all claims of the CONTRACTOR notwithstanding any qualifying remarks, protest or condition imposed or purported to be imposed by the CONTRACTOR relative to the acceptance of such payment with the intent that upon acceptance by the CONTRACTOR of any payment made as aforesaid, the Contract (including the arbitration clause) shall stand discharged and extinguished insofar as relates to and/or concerns the claims of the CONTRACTOR.

6.7.3.0 Notwithstanding anything provided in Clause 6.7.1.0 and/or Clause 6.7.2.0 hereof the

CONTRACTOR shall be and remain liable for defects in terms of Clause 5.6.0.0 hereof and for the indemnity to the OWNER in terms of Clause 6.8.2.0, and shall be and remain entitled to receive the unadjusted balance of the Security Deposit remaining in the hands of the OWNER in terms of Clause 6.8.3.0 hereof.

6.8.0.0 FINAL CERTIFICATE 6.8.1.0 After the expiry of the defect liability period as provided for in clause 5.6.0.0 hereof and after

all the liabilities of the CONTRACTOR in respect of the Contract have been satisfied, the OWNER or the Engineer-in-Charge, shall on the Application of the CONTRACTOR, issue a Final Certificate to the CONTRACTOR, certifying that the CONTRACTOR has performed all his obligations in respect of the defect liability period in terms of clause 5.6.1.1 hereof.

6.8.2.0 Upon Application for the Final Certificate, the CONTRACTOR shall be deemed to have

warranted that it/he has fully paid and satisfied all claims for work, labour, materials, supplies, equipment and all other liabilities whatsoever touching or affecting the Contract, and to have undertaken to indemnify and keep indemnified the OWNER from and against all claims, demands, debts, liens, and liabilities whatsoever arising therefrom or relating thereto and upon issue of the Final Certificate, the CONTRACTOR shall be deemed to have released, acquitted and discharged the OWNER from and against all claims (known or unknown), liens, demands or causes of action of any kind whatsoever arising out of or relating to the Contract or otherwise howsoever touching or affecting the same and to have undertaken to indemnify and keep indemnified the OWNER from and against the same.

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6.8.3.0 Within 15 (fifteen) days of Application made by the CONTRACTOR in this behalf

accompanied by the Final Certificate, or within 15 (fifteen) days of the passing of the CONTRACTOR's Final Bill by the OWNER, whichever shall be later, the OWNER shall pay/refund to the CONTRACTOR the unadjusted balance (if any) of the Security Deposit for the time being remaining in the hands of the OWNER, and upon such payment/refund, the OWNER shall stand discharged of all obligations and liabilities to the CONTRACTOR under the Contract.

6.9.0.0 CLAIMS OF OWNER: 6.9.1.0 No release or payments of any unadjusted balance of the Security Deposit by the OWNER to

the CONTRACTOR as aforesaid or otherwise shall be deemed or treated as a waiver of any right(s) or claim(s) of the OWNER or shall estop or prevent the OWNER from thereafter making or enforcing any claims or any rights against the CONTRACTOR The claims of the OWNER, if any, against the CONTRACTOR shall continue to survive and shall not get extinguished notwithstanding the issue of Final Certificate and/or the release of Security Deposit to the CONTRACTOR.

6.9.2.0 If and where the Contract requires the CONTRACTOR to pass or pay to the OWNER any

MODVAT/CENVAT or like benefit(s), or if the OWNER is required in terms of the Contract to pay, bear or reimburse any excise, customs or like duties or sales or other taxes, the CONTRACTOR shall on receiving any such benefit(s) or on obtaining or being granted any exemption, refund, rebate, set-off or draw-back of any such duty or tax, as the case may be, forthwith pay and pass on the OWNER the full amount or value thereof; and if the CONTRACTOR fails to pass on or pay to the OWNER the full amounts of the said benefit(s) available to the OWNER, or the full amount or value of such exemption refund, rebate, set-off, or draw-back of any such duty or tax as the case may be, the CONTRACTOR shall be liable to pay interest thereon @ 16% (sixteen percent) per annum from the date the same is received or obtained by or granted to the CONTRACTOR, and OWNER shall, without prejudice to the generality of the foregoing, be entitled to claim and recover the same from the CONTRACTOR as and when the OWNER derives knowledge thereof, together with interest as aforesaid.

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SECTION 7

TERMINATION 7.0.0.0 TERMINATION 7.0.1.0 Notwithstanding anything elsewhere herein provided and in addition to any other right or

remedy of the OWNER under the Contract or otherwise (including the right of the OWNER to claim price discount due under the provisions of Clause 4.4.0.0 hereof or otherwise), the OWNER shall be entitled to terminate the Contract by written notice at any time during the currency on or after the occurrence of any one or more of the following events or contingencies, namely:

(i) Default or failure by the CONTRACTOR of any of the obligations of the

CONTRACTOR under the Contract, including but not limited to:

(a) Failure to start the work within 10 (ten) days of handing over the job site to the CONTRACTOR, and in the event of more than one job site being involved, failure to start the work at each job site involved within 10 (ten) days of handing over of the concerned job site to the CONTRACTOR:

(b) Failure to commence any work at any job site in accordance with the time

prescribed in this behalf in the Progress Schedule; (c) Failure to carry out on the works or any of item to meet the Progress Schedule; (d) Failure to provide at each job site sufficient labour, material, equipment,

machinery, work and/or facilities required for the proper and/or due execution of the work or any part thereof:

(e) Failure to execute the works or any of item in accordance with the Contract; (f) Disobedience of any order or instruction of the Engineer-in-Charge and/or Site

Engineer; (g) Negligence in carrying out the works or carrying out of work found to be

unsatisfactory by the Engineer-in-Charge; (h) Abandonment of the works or any part thereof; (i) Suspension of the entire works or any part thereof, for a period of 14 (fourteen)

days or more without due authority from the OWNER or Engineer-in-Charge. (j) Commission, permission or sufferance of any other breach of any of the terms,

conditions or provisions of the Contract on the part of the CONTRACTOR to be paid, and/or observed;

(k) Failure to deposit the Initial Security Deposit within 10 (ten) days of receipt by the

CONTRACTOR of Acceptance of Tender; (i) Failure to execute the Contract in terms of the Form of Contract forming part of

the Tender Documents within 10(ten) days of notice in this behalf from the OWNER;

(ii) If the CONTRACTOR is incapable of carrying out the work; (iii) If the CONTRACTOR misconducts himself in any manner; (iv) If there is any change in the constitution of the CONTRACTOR (if a firm) or in the circumstances or organization of the CONTRACTOR, which is detrimental to the interests of the work or the OWNER;

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(v) Dissolution of the CONTRACTOR (if a firm) or commencement of liquidation or winding

up (whether voluntary or compulsory) of the CONTRACTOR (if a company) or appointment of a receiver or manager of any of the CONTRACTOR's assets and/or insolvency of the CONTRACTOR (if a sole proprietorship) or any Partner of the CONTRACTOR (if a firm);

(vi) Distress, execution, or other legal process being levied on or upon any of the

CONTRACTOR's goods and/or assets;

(vii) Death of a CONTRACTOR (if an individual);

(viii) If upon any change in the Partnership/constitution of a CONTRACTOR's organization (if a Partnership), the OWNER shall refuse to continue the contract with the re-constituted firm;

(ix) If the CONTRACTOR or any person employed by him shall make or offer for any

purpose connected with the Contract any gift, gratuity, royalty, commission, gratification or other inducement (whether money or in any other form) to any employee or agent of the OWNER;

(x) If the CONTRACTOR shall sub-contract the whole or any part of the work in

contravention of the provisions of Clause 4.8.1.0 hereof or the CONTRACTOR shall assign or attempt to assign his interest or any part thereof in the Contract.

7.0.1.1 The decision of the General Manager, as to whether any of the events/ contingencies

mentioned in Clause 7.0.1.0 hereof, entitling the OWNER to terminate the Contract, has occurred or not, shall be final and binding upon the CONTRACTOR.

7.0.2.0 The notice of termination shall set forth, in addition to a statement of the reason(s) for

terminating the contract, the time(s) and place(s) for conducting a survey and measurement of the work performed under the Contract up to the date of termination for the purpose of determining the final amount(s) due to the CONTRACTOR therefor. The reason(s) for the termination stated in the notice of termination, shall be final and binding upon the CONTRACTOR.

7.0.3.0 For the purpose of measurements, the provisions of Clause 6.1.1.0 to 6.1.6.0 hereof shall

apply. Only completed items of the work shall be reckoned for the purpose of measurements and the decision of the Engineer-in-Charge as to whether or not any items of works have been completed for the purpose of measurement shall be final and binding upon the CONTRACTOR. Incomplete items of works shall be measured only on the basis of materials supplied and the decision of the Engineer-in-Charge as to the quantity of material in volved in or relative to any incomplete works, be final and binding upon the CONTRACTOR.

7.0.4.0 For the purpose of determining the amount due to the CONTRACTOR in respect of the work,

the provisions of Clauses 6.2.1.0, 6.2.1.1, 6.2.1.2, 6.2.2.0 and 6.3.1.0 shall apply, and the measurements taken shall for the purpose of such accounting be deemed to be final measurements and the bill prepared by the CONTRACTOR on the basis thereof shall be deemed to the final bill and no other amount(s) shall be due to the CONTRACTOR in respect thereof, subject to the provisions of Clause 6.6.0.0 and associated clauses thereunder with regard to claims of the CONTRACTOR.

7.0.5.0 Within 7 (seven) days of completion of the measurements, the CONTRACTOR shall clear the

job site of all scaffolding, wiring, pipes, surplus materials, CONTRACTOR's labour, equipment and machinery and shall demolish, dismantle and remove all CONTRACTOR’s site offices and quarters, and other temporary works, structures and construction and other items and things whatsoever brought upon or erected at the job site or on any land allotted to the CONTRACTOR by the OWNER and not incorporated in the permanent works and shall remove all rubbish from the job site and the land allotted to the CONTRACTOR and shall clear, level and dress the job site and said land to the satisfaction of the Engineer-in-Charge and shall put the OWNER in undisputed custody and possession of the job site and all land allotted by the OWNER to the CONTRACTOR.

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7.0.6.0 Should the CONTRACTOR fail to comply with provision of Clause 7.0.5.0 hereof in the

manner and within the time specified therein, the OWNER shall have the right at the risks and costs of the CONTRACTOR in all respects to clear the job site of all scaffolding, wiring, pipes, surplus materials, CONTRACTOR's labour, equipment and machinery and other materials and things and/or demolish/dismantle and remove all CONTRACTOR's site offices and quarters and other temporary works, constructions and erections whatsoever on or at the job site or on any land allotted to the CONTRACTOR by the OWNER and/or remove all rubbish from the job site, the land allotted to the CONTRACTOR and store, sell, dispose of and/or otherwise deal with any and all material, equipment and machinery etc., and other items and things aforesaid and recoveries of any demolition/dismantlings as the OWNER shall in its absolute discretion deem fit, and the CONTRACTOR shall forthwith on demand pay the OWNER, the entirety of the costs and expenses of the OWNER relative to the above, together with 15% (fifteen percent) thereon to cover OWNER's supervision, with right in the OWNER (without prejudice to any other mode of recovery), recover the same from the proceeds of any sale or disposal as aforesaid or any monies of the CONTRACTOR held by the OWNER or dues of the CONTRACTOR and the CONTRACTOR both thereby irrevocably nominate, constitute and appoint the OWNER (with right to the OWNER to delegate any and all of its rights in terms hereof to such of its officer(s) and/or other person(s) as it shall deem fit) for and on behalf of and as attorney of the CONTRACTOR to do, commit and sign all acts, deeds, matters and things as shall or may be necessary to be done, committed and/or signed by the OWNER to put into effect the provision of this clause with full right to enter into arrangements with third parties for or relative to the storage, sales and/or other disposal of any material, equipment and machinery, etc., and other items and things and to enter into or upon any of the CONTRACTOR's premises and to break locks and other fasteners for entry thereto and generally to do all other acts, deeds, matters and things as shall be necessary to give full effect to the provision of this clause.

PROVIDED ALWAYS THAT

(i) The OWNER shall be entitled, without prejudice to the aforegoing and in addition thereto, upon the CONTRACTOR failing to comply with the provisions of Clause 7.0.5.0 hereof after removing/demolishing/dismantling from the job site or land allotted to the CONTRACTOR, any of the CONTRACTOR's scaffolding, wiring, pipes, materials, temporary works and other items and things, by written notice to the CONTRACTOR, to require the CONTRACTOR to take delivery of, lift and/or clear the same within 7 (seven) days (or such other period as may be specified in the said notice) of date of said notice, failing which the OWNER may abandon the same at the risk and costs of the CONTRACTOR, and should the CONTRACTOR fail to take delivery of, lift and/or clear the same within the period in this behalf specified in said notice, the OWNER shall be entitled at any time thereafter to abandon the same at the risks and cost of the CONTRACTOR, whereupon (without prejudice to any other rights of the OWNER), the OWNER shall stand absolutely discharged and absolved in respect of all and any material, equipment, machinery and other items and things whatsoever abandoned as aforesaid;

(ii) Notwithstanding anything to the contrary herein provided, nothing herein stated shall

constitute the OWNER as a trustee or bailee for or in respect of any of the CONTRACTOR's material, equipment, machinery or other items or things removed, cleared, demolished, or abandoned as aforesaid, nor shall the OWNER be bound in law or fact by any duty of care in respect thereof, with the intent that all actions, dealings and disposals within the provisions of this clause shall be exclusively at the risks and liability of the CONTRACTOR (including relative to any loss or damage), and the OWNER shall not be howsoever responsible, accountable or liable in respect thereof.

7.0.7.0 If, due to any cause (including, but not limited to resistance put up by the CONTRACTOR

and/or his servants or agent or sub-CONTRACTOR(s) or any court order consequent upon a suit or proceedings filed by the CONTRACTOR and or/the CONTRACTOR's servants, agents or sub-CONTRACTOR(s)), the OWNER is unable to fully take over possession of the entire works at any or all job sites within 7 (seven) days from the date of completion of the measurements as contemplated above, the OWNER shall, in addition to all amounts,

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compensation and/or damages recoverable from the CONTRACTOR in terms hereof (including but not limited to OWNER's entitlements under Clause 4.4.0.0 and Clause 7.0.9.0 hereof) or otherwise, be entitled to recover from the CONTRACTOR liquidated damages in the amount equivalent to 1% (one per cent) of the total Contract value for each week or part thereof that the said taking over of possession at any job site is delayed beyond the period of seven days specified above, subject to a maximum of 5% (Five percent) of the Total Contract Value.

7.0.8.0 Notwithstanding anything provided in Clause 7.0.6.0, the OWNER shall have the right at any

time prior to the removal of the same from the job site, to take possession of such of the CONTRACTOR's materials at any and all job sites, as the OWNER shall deem fit, and the CONTRACTOR shall forthwith upon being required to do so place the OWNER in undisputed possession and custody of all such materials opted for by the OWNER. The price payable to the CONTRACTOR for such material shall be determined by the Engineer-in-Charge having due regard to the condition of the materials and the cost thereof as determined by the Engineer-in-Charge for which purpose the Engineer-in-Charge shall be entitled to call upon the CONTRACTOR to produce the CONTRACTOR's accounting and other records relevant to such materials. The cost of such materials as determined by the Engineer-in-Charge shall be final and binding on the CONTRACTOR.

7.0.9.0 Upon termination of the Contract, the OWNER shall be entitled at the risk and expense of the

CONTRACTOR by itself or through any independent CONTRACTOR(s) or partly by itself and/or partly through independent CONTRACTOR(s) to complete and/or get completed to its entirety the work as contemplated in the scope of work and to recover from the CONTRACTOR in addition to any discounts, compensations or damages that the OWNER may in terms hereof or otherwise be entitled (including price discount within the provisions of Clause 4.4.0.0 and liquidated damages under Clause 7.0.7.0 hereof) to the difference between the amounts as would have been payable to the CONTRACTOR in respect of the work(s) (calculated as provided for in Clause 6.2.1.0 hereof read with the associated provisions thereunder and Clause 6.3.1.0 hereof) and the amount actually expended by the OWNER for completion of the entire work(s) as aforesaid together with 15% (fifteen per cent) of the said amount expended by the OWNER for completion of the entire work(s) to cover OWNER's supervision charges, and in the event of the latter being in the excess of the former, the OWNER shall be entitled (without prejudice to any other mode of recovery available to the OWNER) to recover the excess from the Security Deposit or any monies due or becoming due to the CONTRACTOR.

7.1.0.0 No amount shall be due and payable to the CONTRACTOR upon or in the event of

termination of the Contract unless and until the entirety of the works contemplated in the scope of work shall have been completed in all respects to the satisfaction of the OWNER and following such completion, Defect Liability Period in respect thereof as herein otherwise provided for has elapsed and all payments finally due on any account to the OWNER and/or other CONTRACTOR(s) in respect of all liabilities in respect thereof has been determined.

7.2.0.0 If, upon the satisfaction of the provisions of Clauses 7.0.9.0 and 7.1.0.0 hereof, there shall

remain in the hands of the OWNER any excess/balance after all accounting and adjustment of all dues from the CONTRACTOR to the OWNER, the OWNER shall forthwith pay such excess/balance to the CONTRACTOR and in the event of the Security Deposit and other dues of the CONTRACTOR in the hands of the OWNER being insufficient to meet the dues of the OWNER as aforesaid the CONTRACTOR shall forthwith on demand by the OWNER pay the OWNER the shortfall.

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SECTION 8

MISCELLANEOUS

8.0.0.0 PERSONAL ACTS AND LIABILITIES 8.0.1.0 No Director, officer or other employee of the OWNER shall anywise be personally bound or

liable to the CONTRACTOR for the acts, omissions or obligations of the OWNER under the Contact otherwise or be personally answerable to the CONTRACTOR for or in respect of any default or omission in the perofrmance of any act(s), deed(s), matter(s) or things to be observed and/or performed by the OWNER under the Contract.

8.0.2.0 The CONTRACTOR shall not be entitled to any increase in the rate(s) mentioned in the

Schedule of Rates or any of them or to any other payment, right, benefit or claim whatsoever, by reason of any representation, explanation, statement, assurance or understanding given or alleged to have been given to him by any Director, officer, or other employees of the OWNER, nor shall any Director, officer, or other employee of the OWNER be personally liable for or in respect of any representation, explanation, statement, assurance or understanding given or alleged to have been given by him to the CONTRACTOR or any other person relative to the Contract.

8.0.3.0 The CONTRACTOR shall not under any circumstances pay or advance to any officer(s),

servant(s) or agent(s) of the OWNER any sum or money on any account without prior authority of the OWNER in writing and any such payment made or money advanced by the CONTRACTOR without such authority shall be entirely at the risks of the CONTRACTOR without any liability to the OWNER in respect thereof.

8.0.4.0 Any money paid to any partner of the CONTRACTOR (if a firm) and any receipt, settlement, acknowledgement of liability or other document whatsoever signed by any one of the partners of the firm or erstwhile partner of the firm (without notice of the cessation of his interest) or any person held out to be a partner of the firm shall be binding upon the CONTRACTOR vis-à-vis the OWNER and shall constitute a full release and discharge to the OWNER and/or valid settlement, acknowledgement or obligation upon the CONTRACTOR, as the case may be, and the OWNER shall not be concerned, with the application of any monies so paid or the authority of the concerned partner (or erstwhile or purported partner) vis-à-vis the other partners to make the settlement, receipt, acknowledgement or other document(s) concerned provided always that the OWNER shall be entitled at its discretion at any time to call upon all the partners of the CONTRACTOR firm to sign any receipt, settlement, acknowledgement or other document(s) including any receipt, settlement, acknowledgement or other documents signed by a partner (or erstwhile or purported partner) as aforesaid, and all the partners of the firm shall, when called upon to do so by the OWNER, forthwith sign the receipt, order, acknowledgement or other document required to be so signed.

8.1.0.0 TAXES 8.1.1.0 The CONTRACTOR shall be exclusively liable for the payment of any and all taxes now in

force or hereafter imposed, increased or modified in respect of any work done and/or materials supplied and for the payment of all contributions and taxes for unemployment compensation, insurance and old age pension and annuity now or hereinafter imposed by the Central or any State Government or any authority with respect to or covered by the wages, salaries or other compensations paid to persons employed or engaged by the CONTRACTOR and doth hereby undertake to indemnify and keep indemnified the OWNER from and against the same and all claims, actions, demands and payments whatsoever against the OWNER howsoever arising therefrom or in connection therewith.

8.2.0.0 GOVERNMENT REGULATIONS 8.2.1.0 The CONTRACTOR shall comply with and ensure strict compliance by his/its sub-contractors

and agents of all applicable Central, State, Municipal and local laws and regulations and undertakes to indemnify the OWNER from and against all levies, damages, penalties, any payments whatsoever as may be imposed by reason of any breach or violation of any law, rule or regulation and against all actions, proceedings claims and demands arising therefrom and/or relative thereto.

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8.3.0.0 LABOUR LAWS AND REGULATIONS 8.3.1.0 The CONTRACTOR shall be responsible for strict compliance of and shall ensure strict

compliance by its sub-contractors, servants and agents of all laws, rules or regulations having the force of law affecting the relationship of employer and employee between the CONTRACTOR/sub-contractors and their respective employees and/or otherwise concerning labour, social welfare and provident fund, pension, bonus, gratuity and other benefits to employees. Without prejudice to the generality of this provision, the CONTRACTOR shall comply with and ensure that his sub-contractors and other agencies employed by him comply with the provisions of the Payment of Wages Act 1936, Minimum Wages Act 1948, Employers Liability Act 1938, Workmen's Compensation Act 1923, Industrial Disputes Act 1947, Maternity Benefit Act 1961, Mines Act 1952, Contract Labour (Abolition & Regulation) Act 1970, Payment of Bonus Act, Gratuity Act, Factories Act and the Employees Provident Fund and Miscellaneous Provisions Act 1952 as amended from time to time and all rules, regulations and schemes framed thereunder from time to time.

8.3.2.0 The contractor and sub-contractor(s) of the CONTRACTOR shall obtain from the

authority(ies) in this behalf under any applicable law, rule or regulation (including but not limited to) Factories Act and Labour (Abolition and Regulation) Act, 1970 (in so far as applicable) any and all such licence(s), consent(s), registration(s) and/or other authorisation(s) as shall from time to time be or become necessary for or relative to the execution of the work or any part or portion thereof or the storage or supply of any material(s) or otherwise in connection with the performance of the Contract and shall at all times observe and ensure due observance by the sub-contractors, servants and agents of all terms and conditions of the said licence(s), consent(s), regulation(s) and other authorisation(s) and laws, rules and regulations applicable thereto. Without prejudice to the generality of this provision, the CONTRACTOR shall obtain and ensure that his sub-contractors and other agencies employed by him on the Work, obtain a valid Licence under the Contract Labour (Regulation & Abolition) Act, 1970 and shall duly and faithfully observe and comply with the provisions of the Contract Labour (Regulation & Abolition) Central Rules 1971 and other Central and State Rules as amended from time to time and applicable to the work, and shall duly, promptly and faithfully maintain and/or cause to be maintained all records and facilities required to be maintained and/or provided in terms thereof or any licence granted thereunder.

8.3.3.0 The CONTRACTOR shall ensure that wages are paid by himself or by his sub-contractors to

their workmen directly without the intervention of any Jamadars or Thekedars and that no amount by way of commission or otherwise is deducted or recovered by the Jamadars from the wages of the workmen.

8.3.4.0 The OWNER shall be entitled at all times to carry out any check(s) or inspection(s) of the

CONTRACTOR's facilities, records and accounts to ensure that the provisions aforesaid are being observed by the CONTRACTOR and the sub-contractors and that the workmen are not denied the rights and benefits to which they are entitled under such provisions. Any violation shall, without prejudice to any other rights or remedies available to the OWNER, constitute a ground for termination of the Contract as though specifically set forth under Clause 7.0.1.0 thereof.

8.3.5.0 Nothing in the Contract Documents stated shall anywise constitute any workman/employee of

the CONTRACTOR or any sub-contractor as or to be a workman/employee of the OWNER, or place obligation or liability in respect of any such workman/employee upon the OWNER.

8.3.6.0 The CONTRACTOR shall not employ in connection with the work, any person below the age

of 18 years. 8.3.7.0 The establishment of the CONTRACTOR shall be duly registered under the Employees

Provident Fund and Miscellaneous Provisions Act, 1952 and the Employees State Insurance Act, 1948 and the CONTRACTOR shall duly pay his contributions and his employees' contributions to the Authorities prescribed under the said Acts and any Schemes framed thereunder in respect of all labour employed by him for the execution of the contract.

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8.3.8.0 On receiving information of any breach, non-fulfillment and/or non-observance by the CONTRACTOR and/or his sub-contractors and other agencies engaged by him in connection with the Works or any of the provisions or requirements of any of the Labour Laws, rules and regulations and/or as to the inaccuracy of any of the returns or statements furnished by the CONTRACTOR and/or his sub-contractors and/or any records or accounts maintained by any of them with respect to which the OWNER as the principal employer or otherwise can have a liability, the OWNER shall be entitled to deduct from the Bills and any amounts due or becoming due to the CONTRACTOR, under this or other contract(s) with the CONTRACTOR, any sum(s) required or estimated to be required, in its judgment which shall be final and binding on the CONTRACTOR, for making good or compensating for the liability or possible liability of the OWNER by reason of the said breach, non-fulfillment or non-observance and/or inaccuracy aforesaid.

8.3.9.0 The CONTRACTOR shall indemnify and keep indemnified the OWNER from and against all

actions, claims, demands and liabilities whatsoever under and in respect of the breach of any of the provisions hereof and/or against any claim, action or demand by any workman/employee of the CONTRACTOR or any sub-contractor and/or from any liability anywise to any sub-contractor under any law, rules or regulation having the force of law including (but not limited to) claims against the OWNER under the Workmen's Compensation Act 1923, the Employees Provident Funds and Miscellaneous Provisions Act 1952, the Employee's State Insurance Act 1948 and/or the Contract Labour (Abolition & Regulation) Act 1970.

8.3.10.0 The CONTRACTOR and his sub-contractors and agents employed by him for and/or in the

performance of the Works shall strictly abide by and observe the provision of the "Contractors' Labour Regulations" and the "Model Rules for Labour Welfare" as set out in Appendix I and Appendix II to these General Conditions of Contract, which shall be binding on the CONTRACTOR, sub-contractors and agents.

8.3.10.1 In the event of an irreconcilable conflict between the provisions herein and the provisions

contained in the "Contractors' Labour Regulations" and/or the "Model Rules of Labour Welfare" (as set out in Appendix I and Appendix II hereto), the "Contractors' Labour Regulations" and "Model Rules for Labour Welfare" shall prevail to the extent of the irreconcilable conflict.

8.3.10.2 In the event of irreconcilable conflict between the "Contractors' Labour Regulations" and/or

the "Model Rules for Labour Welfare" (set out in Appendix I and Appendix II hereto) and any applicable law, rule or regulation, the law, rule or regulation shall prevail over the "Contractors' Labour Regulation" and/or the "Model Rules for Labour Welfare", as the case may be, and shall be complied with.

8.4.0.0 SAFETY REGULATIONS, ACCIDENT AND DAMAGE 8.4.1.0 The CONTRACTOR shall be responsible at his own cost in and relative to performance of the

work and contract to observe and to ensure observance by his sub-contractors, agents and Servants of the provisions of the Safety Code as hereinafter appearing and all fire, safety and security regulations as may be prescribed by the OWNER from time to time and such other precautions and measures as shall be necessary and shall employ/deploy all equipments necessary to protect all works, material properties, structures, equipment, installations, communications and facilities whatsoever from damage, loss or other hazard whatsoever (including but not limited to fire and explosion) and shall during construction and other operations minimise the disturbance and inconvenience to the OWNER, other contractors, the public and the adjoining land and property owners and occupiers and crops, trees and vegetation and shall indemnify and keep indemnified the OWNER from and against all losses and damages and costs, charges and expenses and penalties, actions, claims, demands and proceeding whatsoever suffered or incurred by or against the OWNER as the case may be, by virtue of any loss, alteration, displacement, disturbance or destruction or accident to any works, materials, properties, structures, equipment, installations, communications and facilities and land and property, owner and occupiers and crops, trees and vegetation as aforesaid, with the intent that the CONTRACTOR shall be exclusively responsible for any accident, loss, damage, alteration, displacement, disturbance

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or destruction as aforesaid resultant directly or indirectly from any breach by the CONTRACTOR of his obligations aforesaid or upon any operation, act or omission of the CONTRACTOR or his sub-contractor(s) or agent(s) or servant(s).

8.4.2.0 The CONTRACTOR's liabilities under Clause 8.4.1.0 and otherwise under the Contract shall

remain unimpaired notwithstanding the existence of any storage-cum-erection or other insurance covering any risk, damage, loss or liability for which the CONTRACTOR is liable to the OWNER in terms of the foregoing sub-clause or otherwise and/or in respect of which the CONTRACTOR has indemnified the OWNER, with the intent that notwithstanding the existence of such insurance, the CONTRACTOR shall be and remain fully liable for all liabilities and obligations under the Contract and indemnities to the OWNER, and the OWNER shall not be obliged to seek recourse under such policy(ies) in preference to recourse against the CONTRACTOR or otherwise to exhaust any other remedy in preference to the remedies available to it under the Contract.

8.5.0.0 INDEMNITY AND INSURANCE 8.5.1.0 The CONTRACTOR shall be at all times indemnify and keep indemnified the OWNER and its

officers, servants and agents from and against all third party claims whatsoever (including but not limited to property loss and damage, personal accident, injury or death of or to property or person of any sub-contractor and/or the servants or agents of the CONTRACTOR or any other contractor(s) and any sub-contractor and/or of the Owner), and the CONTRACTOR shall at his own cost and initiative at all times up to the successful conclusion of the defect liability period specified in Clause 5.4.1.0 hereof take out and maintain insurance policies in respect of all insurable liabilities under this clause, including but not limited to third party insurance and liabilities under the Motor Vehicles Act, 1988; Workmen's Compen sation Act, 1923; Fatal Accidents Act, 1855; Personal Injuries (Compensation) Insurance Act, 1963, Emergency Risk Insurance Act, and/or other Industrial Legislation from time to time in force in India with insurance company(ies) approved by the OWNER, and such policy(ies) shall be of not lesser limit than the limits hereunder specified with reference to the matters hereunder specified, namely :

(a) Workmen's Compensation Insurance - to the limit to which compensation may be

payable under the laws of the Republic of India ; but not less than the limits specified below.

(b) Third Party Insurance - body injury and property damage to the limit specified below:

The limits aforesaid shall be as follows: (i) If the total contract value exceeds Rs. 1(one) crore, the policy shall be for not

less than Rs.10,00,000/- (Rupees ten lakhs only) for each accident. The sum assured shall not be less than Rs.20,00,000/- (Rupees twenty lacs only) for all accidents; and

(ii) If the total contract value does not exceed Rs.1 (one) crore, the policy shall be

for not less than Rs.3,00,000/- (Rupees three lac only) for each accident. The sum assured shall not be less than Rs.10,00,000/- (Rupees ten lakhs only) for all accidents. Provided that the limits specified above shall operate only as a specification of minimum limits for insurance purpose, but shall not anywise limit the Contractor's liability in terms of this clause to the limit(s) specified.

8.5.2.0 Should the CONTRACTOR fail to take out and/ or keep afoot insurance as provided for in the

foregoing sub-clauses, the OWNER shall be entitled (but without obligation to do so) to take out and/or keep afoot such insurance at the cost and expense of the CONTRACTOR and without prejudice to any other right or remedy of the OWNER in this behalf to deduct the sum(s) incurred therefor from the dues of the CONTRACTOR.

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8.6.0.0 TRAINING OF APPRENTICES 8.6.1.0 The CONTRACTOR shall, if and when called upon by the Engineer-in-Charge during the

currency of Contract, himself engage and/or procure engagement by his sub-contractor(s) of such number of apprentices and for such period as may be required by the Engineer-in-Charge in this behalf. Such apprentices shall be trained in accordance with the provisions of the Apprentices Act, 1961 and any other Act, rule or regulation having the force of law, regulating upon the employment of apprentices, and the CONTRACTOR shall be responsible at his own cost and initiative and without entitlement to any extra compensation or remuneration from the OWNER in this behalf, to fulfill all obligations of the employer under the said Act, including liability for payment to apprentices as required thereunder.

8.7.0.0 RECORDS AND INSPECTION 8.7.1.0 The CONTRACTOR shall, if and when required by the Engineer-in-Charge produce or cause

to be produced before the Engineer-inCharge or any other officer of the OWNER designated by the Engineer-in-Charge in this behalf, for examination, any cost or other book(s) of account and/or other records and documents in the possession of the CONTRACTOR or any sub-contractor or subsidiary or associated firm or Company of the Contractor or any sub-contractor, and/or copies of extracts thereof and/or other information or returns relative thereto (such returns to be verified in the manner prescribed by the Engineer-in-Charge or other officer aforesaid designated in this behalf) as may be required relative to the execution of the Contract or for verifying or ascertaining the cost of any material, labour, service or item or thing whatsoever in connection with the Contract, and the decision of the Engineer-in-charge or other officer designated in this behalf, as the case may be, as to whether any book, record, document, information or return is relevant for any of the purpose aforesaid, shall be final and conclusive.

8.7.2.0 Should the Engineer-in-Charge (whose decision in this behalf shall be final) consider it

necessary for the purpose of verifying or ascertaining the cost of production for any item or thing to examining the works and/or records of the CONTRACTOR or any sub-contract or(s) or any subsidiary or associated firm or company of the CONTRACTOR engaged in the fabrication, manufacture or assembly of any item or thing, the CONTRACTOR shall permit and/or facilitate such inspection by the Engineer-in-Charge or other officer of the OWNER designated in this behalf by the Engineer-in-Charge and shall afford the Engineer-in-Charge or concerned officer all assistance as shall be necessary for the purpose.

8.8.0.0 PATENT AND ROYALTIES 8.8.1.0 If any equipment, machinery or materials to be used or supplied or methods or processes to

be practices or employed in the performance of this Contract is/are covered by a patent under which the CONTRACTOR is not licensed, the CONTRACTOR shall before supplying or using the equipment, machinery, materials, methods or processes as the case may be, obtain such licence(s) and pay such royalty(ies) and licence fee(s) as may be necessary in connection with the performance of this Contract. In the event that the CONTRACTOR fails to pay such royalty or obtain such licence, the CONTRACTOR will defend at his own expense any suit for infringement of patent which is brought against the CONTRACTOR or the OWNER as a result of the failure, and shall pay any damages and costs awarded in such suit and will keep the OWNER indemnified from and against all other consequences thereof.

8.9.0.0 ARTICLES OF VALUE FOUND 8.9.1.0 All gold, silver and other metals, minerals or ore of any kind or description and precious and

semi-precious stones and bearing earth, rock or strata, coins, treasures, treasure trove, antiques and other items and things whatsoever which shall be found under or upon the job site shall as between the CONTRACTOR and the OWNER be the exclusive property of the OWNER and the CONTRACTOR shall forthwith upon discovery thereof notify the OWNER of such discovery with the details of the item(s) or things discovered and pending directions by the OWNER for the disposal thereof shall hold and preserve the same as trustee of the OWNER to the satisfaction of the Engineer-in-Charge.

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8.10.0.0 MATERIALS OBTAINED FROM DISMANTLING 8.10.1.0 Any material obtained by the CONTRACTOR consequent upon dismantling of any building,

structure or construction whatsoever at the job site other than any building, structure or construction dismantled by the CONTRACTOR pursuant to the CONTRACTOR's liabilities for defects as elsewhere herein provided, shall be the exclusive property of the OWNER.

8.11.0.0 LIENS AND LIABILITIES 8.11.1.0 If at any time there is evidence of any lien or claim for which the OWNER might be or become

liable and which in terms of the Contract or otherwise is chargeable to or payable by the CONTRACTOR, the OWNER shall have the right to retain out of any payment then due or thereafter becoming due to the CONTRACTOR an amount sufficient to completely indemnify the OWNER against such lien or claim, and should the CONTRACTOR not dispute such lien or claim and/or if in the opinion of the OWNER, such lien or claim is otherwise valid (the Owner's opinion in this behalf being final and binding on the CONTRACTOR), the OWNER may pay and discharge the same and deduct the amount so paid together with any legal and other costs, charges and expenses incurred by the OWNER in defending any action and/or in obtaining legal advice or opinion relative to the lien, claim or action, from any monies then due or thereafter becoming due to the CONTRACTOR and/or retained as aforesaid, and if there is no money due or retained as aforesaid or if the same be insufficient to satisfy the payment(s) aforesaid, the CONTRACTOR shall on demand pay to the OWNER the same and failing such payment within 10 (ten) days of demand by the OWNER in this behalf, shall be liable to pay interest on the amount due from the date of demand up to and until the date of payment in full at the bank rate as applicable to the OWNER plus 1% (one percent) per annum and the provisions hereof (in so far as such notice shall be deemed to be necessary in addition to the contractual provisions herein) shall be deemed to constitute a notice for the payment of interest under the provisions of the Indian Interest Act and in determining such interest, the Certificate issued by an officer of the OWNER in a financial department of the OWNER shall be conclusive evidence of the Bank rate of interest applicable to the OWNER.

8.12.0.0 LIABILITIES FOR SUB-CONTRACTOR(S) 8.12.1.0 Without prejudice to any other liabilities or obligations of the CONTRACTOR relative to sub-

contractors in terms hereof or otherwise, the CONTRACTOR shall require every sub-contractor to whom any portion of the work to be performed under the Contract has been sub-contracted, to comply with the provisions of the Contract in so far as applicable to each sub-contractor, and the CONTRACTOR shall hold the OWNER harmless and indemnified from any and against all penalties, actions, claims and demands and costs, charges and expenses whatsoever arising out of or in connection with any failure of the CONTRACTOR or any sub-contractor(s) to make full and proper compliance with any of the terms and conditions of the Contract.

8.13.0.0 WAIVER 8.13.1.0 It shall always be open to the OWNER by written communication to the CONTRACTOR to

waive in whole or part any right or the enforcement of any right or remedy which the OWNER may have against the CONTRACTOR or of any obligations which the CONTRACTOR may have hereunder, always that :

(i) No waiver shall be presumed or inferred unless made in a written communication

addressed by the OWNER to the CONTRACTOR and specifically communicated as a Waiver;

(ii) No waiver of any right or part of any right on one occasion shall be deemed to be a

waiver or abandonment of that right for all occasions with the intent that a waiver once given shall be limited to the specific waiver and shall be without prejudice to the right of the Owner to insist upon the strict adherence of the attendant obligations of the Contractor and/or the future enforcement of the right by the Owner in respect of the same and/or any other dependent obligation.

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8.14.0.0 CONTRACTOR'S ESTABLISHMENT 8.14.1.0 It is understood that the establishment of the CONTRACTOR (and any Sub-Contractor

engaged by the CONTRACTOR) constitutes an independent establishment involving inter alia in undertaking works and/or services for others of the nature and kind forming the subject matter of the Contract. It is consequently understood that all the employees of the CONTRACTOR (and any Sub- engaged by the CONTRACTOR) are the employees of the independent establishment of the CONTRACTOR or Sub-Contractor (as the case may be) who have been and will be appointed solely for and/or with reference to the work of that establishment, and have not been and will not be appointed specifically or otherwise for the sole purpose of the work covered by the present Contract. To this end, each CONTRACTOR (and Sub-Contractor engaged by the CONTRACTOR) shall issue to each of its employees deputed to the job-site to perform any work in relation to the Contract a regular letter of appointment for employment in the CONTRACTOR'S/ Sub-Contractor's independent establishment, with authority in the CONTRACTOR/Sub-Contractor to employ or depute him for or in relation to any work or engagement assumed by the CONTRACTOR/Sub-Contractor from time to time in the course of its business and the production of a certified copy of each letter of appointment duly acknowledged by the concerned employee shall be a pre-condition for the issue of a Gate Pass to any employee of the CONTRACTOR/Sub- Contractor into any area the entry to which is restricted by the OWNER.

8.15.0.0 COLLECTION OF INDEBTEDNESS 8.15.1.0 Without prejudice to any other rights or remedies of the OWNER and in addition to any other

provisions hereof, the OWNER shall be entitled to deduct out of the Security Deposit (including by recourse Bank Guarantee) any monies or securities under this or any other contract(s) for the time being of the CONTRACTOR in its hands and out of any payments then due or becoming due in future to the CONTRACTOR under this or any other Contract, any and all amounts due to the OWNER from the CONTRACTOR arising out of or in connection with the Contract.

8.16.0.0 OBSERVANCE OF ENVIRONMENTAL REGULATIONS AND ENVIRONMENTAL

PROTECTION. 8.16.1.0 The CONTRACTOR shall ensure that its servants and agents and sub-contractors and their

servants and agents shall duly comply with all environmental laws, rules and regulations and the conditions of any permit, permission, consent and/or no-objection granted in this behalf by any authority with respect to or concerning the work, and shall independently so organise and conduct its operations and cause its sub-contractors so organise and conduct their operations as not to cause any hazard or pollution to health, life, property or environment including (but not limited to) discharge of any noxious substance or effluent into the atmosphere or into the earth or into any drain, canal, stream, river, pond, lake or other water body.

8.16.2.0 The CONTRACTOR shall indemnify and keep indemnified the OWNER from and against the

breach, non-observance, infraction or dereliction of any of the provisions of Clause 8.16.1.0 hereof, and against any and all claims, actions or proceedings, prosecutions and liabilities and losses and damages and costs (including legal costs), charges and expenses whatsoever suffered or incurred or instituted against the OWNER as the case may be.

8.17.0.0 CONFIDENTIAL HANDLING OF INFORMATION 8.17.1.0 The CONTRACTOR and its/his employees, agents and Sub-Contractors and the employees

and agents of the Sub-Contractor(s) shall treat as strictly confidential and shall take all steps necessary to ensure confidential handling of all maps, plans, charts, designs, drawings, photographs, data, reports, tests, specifications, methods, and other information developed or acquired by the CONTRACTOR from or by means of the Tender Documents or any facility extended to the CONTRACTOR pursuant thereto or the award or performance of the works or any of them or otherwise disclosed or made available to the CONTRACTOR or any of the aforesaid persons, and shall not disclose or reproduce the same in any book, article, speech or other publication, provided always that the OWNER may upon application by the CONTRACTOR to the OWNER in this behalf permit report, disclosure or re-production of the

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same in any book, article, speech or other publication if it is satisfied that this would not involve the disclosure of any classified or other information which would not be in the interest of public or security to disclose.

8.17.2.0 Application for such consent shall be submitted to the OWNER in writing outlining the

intended use of the relative material and shall be submitted to the OWNER at least one month prior to the expected use accompanied by the text of the relative publication in which it is sought to be used. Photographs should be accompanied by their caption. An application shall not be understood to have been permitted unless expressly permitted in writing by the OWNER.

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SECTION 9

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION MACHINERY

9.0.0.0 ARBITRATION 9.0.1.0 Subject to the provisions of Clauses 6.7.1.0, 6.7.2.0 and 9.0.2.0 hereof, any dispute arising

out of a Notified Claim of the CONTRACTOR included in the Final Bill of the CONTRACTOR in accordance with the provisions of Clause 6.6.3.0 hereof, if the CONTRACTOR has not opted for the Alternative Dispute Resolution Machinery referred to in Clause 9.1.1.0 hereof, and any dispute arising out of any Claim(s) of the OWNER against the CONTRACTOR shall be referred to the arbitration of a Sole Arbitrator selected in accordance with the provisions of Clause 9.0.1.1 hereof. It is specifically agreed that the OWNER may prefer its Claim(s) against the CONTRACTOR as counter-claim(s) if a Notified Claim of the CONTRACTOR has been referred to arbitration. The CONTRACTOR shall not, however, be entitled to raise as a set-off defence or counter-claim any claim which is not a Notified Claim included in the CONTRACTOR's Final Bill in accordance with the provisions of Clause 6.6.3.0 hereof.

9.0.1.1 The Sole Arbitrator referred to in Clause 9.0.1.0 hereof shall be selected by the

CONTRACTOR out of a panel of 3 (three) persons nominated by the OWNER for the purpose of such selection, and should the CONTRACTOR fail to select an arbitrator within 30 (thirty) days of the panel of names of such nominees being furnished by the OWNER for the purpose, the Sole Arbitrator shall be selected by the OWNER out of the said panel.

9.0.2.0 Any dispute(s) or difference(s) with respect to or concerning or relating to any of the following

matters are hereby specifically excluded from the scope, purview and ambit of this Arbitration Agreement with the intention that any dispute or difference with respect to any of the said following matters and/or relating to the Arbitrator's or Arbitral Tribunal's jurisdiction with respect thereto shall not and cannot form the subject- matter of any reference or submission to arbitration, and the Arbitrator or the Arbitral Tribunal shall have no jurisdiction to entertain the same or to render any decision with respect thereto, and such matter shall be decided by the General Manager prior to the Arbitrator proceeding with or proceeding further with the reference. The said excluded matters are:

(i) With respect to or concerning the scope or existence or otherwise of the Arbitration

Agreement; (ii) Whether or not a Claim sought to be referred to arbitration by the CONTRACTOR is a

Notified Claim; (iii) Whether or not a Notified Claim is included in the CONTRACTOR's Final Bill in

accordance with the provisions of Clause 6.6.3.0 hereof. (iv) Whether or not the CONTRACTOR has opted for the Alternative Dispute Resolution

Machinery with respect to any Notified Claim included in the CONTRACTOR's Final Bill.

9.0.3.0 The provisions of the Indian Arbitration & Conciliation Act, 1996 and any re-enactment(s) and/or modification(s) thereof and of the Rules framed thereunder shall apply to arbitration proceedings pursuant hereto subject to the following conditions:

(a) The Arbitrator shall give his Award separately in respect of each Claim and Counter-

Claim; and (b) The Arbitrator shall not be entitled to review any decision, opinion or determination

(howsoever expressed) which is stated to be final and/or binding on the CONTRACTOR in terms of the Contract Documents.

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9.0.4.0 The venue of the arbitration shall be New Delhi, provided that the Arbitrator may with the

consent of the OWNER and the CONTRACTOR agree upon any other venue. 9.1.0.0 ALTERNATIVE DISPUTE RESOLUTION MACHINERY 9.1.1.0 Subject to the provisions of Clause 6.7.2.0 hereof, the CONTRACTOR may as alternative to

reference to arbitration under Clause 9.0.1.0 with respect to its/his Notified Claims included in the CONTRACTOR's Final Bill in accordance with Clause 6.6.3.0, opt for the Alternative Dispute Resolution Machinery herein provided, and upon the exercise of such option, the CONTRACTOR shall be deemed to have waived his right (if any) of arbitration with respect to such Claim(s).

9.1.1.1 The option of adopting alternative dispute resolution machinery shall be exercised by the

CONTRACTOR by making a written communication to the General Manager informing him of its/his decision to adopt the Alternative Dispute Resolution Machinery. The Alternative Dispute Resolution Machinery shall consist of a Committee (the Committee) of three members selected by the CONTRACTOR from a panel of 5 (five) persons nominated by the General Manager at the request of the CONTRACTOR in order to enable the CONTRACTOR to exercise its option contemplated in Clause 9.1.1.0 hereof.

9.1.1.2 The CONTRACTOR shall not refuse to make a selection within the provisions of Clause

9.1.1.1 hereof nor after making a selection shall be entitled to contest or otherwise refuse to be bound by the decision of the Alternative Dispute Resolution Machinery referred to hereinabove on the ground that one or more or all the persons nominated by the General Manager for selection of the Committee are employees of the OWNER or is or are otherwise connected with the OWNER and/or have otherwise previously dealt with the matter.

9.1.1.3 Upon appointment of the Committee, the exercise of the option by the CONTRACTOR to opt

for the Alternative Dispute Resolution Machinery shall be deemed to be complete with consequences in this behalf specified in Clause 9.1.1.0 hereof.

9.1.2.0 The Committee shall not constitute an arbitral tribunal and shall not act as arbitrators but shall

act as an expert body which shall not be bound by any rule or procedure of natural justice or to hear the parties, but shall be entitled to adopt and regulate its own procedure, to consult such experts and other persons as it deems fit (even behind the back of the Parties or any of them), and to hear the Parties separately or not at all, and the proceedings of the Arbitration and Conciliation Act, 1996 shall be inapplicable to its proceedings.

9.1.3.0 The Committee shall examine the Notified Claims of the CONTRACTOR included in its/his

Final Bill in accordance with the provisions of Clause 6.6.3.0 hereof and the claims/counter-claims of the OWNER and endeavour to mediate a settlement thereof, failing which the Committee shall render its decision thereon.

9.1.4.0 The decision rendered by the Committee shall be in writing and shall be final and binding

upon the OWNER and the CONTRACTOR. The said decision shall not be required to be supported by any reason and need not be rendered separately in respect of any claim.

9.2.0.0 GENERAL 9.2.1.0 The CONTRACTOR shall not refuse to make a selection within the provisions of Clause

9.0.1.0 hereof nor after making a selection shall be entitled to contest the Award or otherwise refused to be bound by the decision of the Arbitrator or of the Alternative Dispute Resolution Machinery referred to in Clause 9.1.1.0 hereof on the ground that one or more or all the persons nominated by the OWNER for selection of the Sole Arbitrator or appointed by the OWNER to constitute the Committee is or are employees of the OWNER or is or are otherwise connected with the OWNER.

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9.2.2.0 Notwithstanding the existence of any arbitration or the adoption of the Alternative Dispute Resolution Machinery in terms hereof or otherwise, the CONTRACTOR shall continue and be bound to continue and perform all its/ his outstanding obligations in all respects under the Contract (unless the Contract is determined by the OWNER), and the CONTRACTOR shall remain liable and bound in all respects under the Contract.

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SECTION 10

SAFETY CODE 10.0.0.0 GENERAL 10.0.1.0 CONTRACTOR shall adhere to safe construction practice and guard against hazardous and

unsafe working conditions and shall comply with OWNER's safety rules as set forth herein. 10.0.2.0 In addition, the Contractor shall adhere to and be bound by the "Safety Practices during

Construction" (OISD-GDN-192) formulated by the Oil Industry Safety Directorate from time to time. A copy of the existing "Safety Practices During Construction" as presently formulated by the Oil Industry Safety Directorate is annexed hereto as Appendix III.

10.0.3.0 In the event of any irreconcilable conflict between the 'Safety Practices During Construction”

prescribed by the Oil Industry Safety Directorate and the Safety provisions set out herein, the "Safety Practices During Construction" established by the Oil Industry Safety Directorate shall prevail to the extent of the irreconcilable conflict.

10.1.0.0 FIRST AID AND INDUSTRIAL INJURIES 10.1.1.0 CONTRACTOR shall maintain first aid facilities for its employees and those of its sub-

contractors. 10.1.2.0 CONTRACTOR shall make outside arrangements for ambulance service and for the

treatment of industrial injuries. Names of those providing these services shall be furnished to Engineer-in-charge prior to start of construction, and their telephone numbers shall be prominently posted in CONTRACTOR's field office.

10.1.3.0 All critical industrial injuries shall be reported promptly to Engineer-in-charge, and a copy of

CONTRACTOR's report covering each personal injury requiring the attention of a physician shall be furnished to OWNER.

10.2.0.0 GENERAL RULES 10.2.1.0 Carrying/Striking of matches, lighters inside the refinery area, smoking within the refinery,

tank, farm, or dock limits are strictly prohibited. Violators of the "No Smoking" rules shall be discharged immediately. Within the operation area, no hot work shall be permitted without valid gas safety/fire permits. The CONTRACTOR shall be held and responsible for all lapses of his sub-contractors/employees in this regard.

10.3.0.0 CONTRACTOR'S BARRICADES 10.3.1.0 CONTRACTOR shall erect and maintain barricades required in connection with his operation

to guard or protect:

(i) Excavation (ii) Hoisting areas (iii) Areas adjudged hazardous by CONTRACTOR's or OWNER's inspectors. (iv) OWNER's existing property liable to damage by CONTRACTOR's operations, in the

opinion of Engineer-in-Charge/Site Engineer. (v) Railroad unloading spots.

10.3.2.0 CONTRACTOR's employees and those of its sub-contractors shall become acquainted with

OWNER's barricading practice and shall respect the provisions hereof.

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10.3.3.0 Barricades and hazardous areas adjacent to but not located in normal routes of travel shall be marked by red flasher lanterns at nights.

10.4.0.0 SCAFFOLDING 10.4.1.0 Suitable scaffolding shall be provided for workmen for all works that cannot safely be done

from the ground or from solid construction except such short period work as can be done safely from ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well suitable footholds and handholds shall be provided on the ladder and the ladder shall be given an inclination not steeper than 1 in 4 (1 horizontal 4 vertical)

10.4.2.0 Scaffolding or staging more than 12' above the ground floor, swing or suspended from an

overhead support or erected with stationary support shall have a guard rail properly attached, bolted, braced and otherwise rewinded at least 3' high above the floor or platform of scaffolding or staging and extending along the entire length of the outside and ends thereof with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

10.4.3.0 Working platform, gangways and stairways should be so constructed that they should not sag

unduly or unequally and if the height of the platform or the gangway or the stairway is more than 12', above ground level or floor level, they should be closely boarded, should have adequate width and should be suitably fastened as described in Clause 10.4.2.0 above.

10.4.4.0 Every opening in the floor of a building or in a working platform be provided with suitable

means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be 3 feet.

10.4.5.0 Safe means of access shall be provided to all working platforms and other working places.

Every ladder shall be securely fixed. No portable single ladder shall be over 30’ in length while the width between the side rails in rung ladder shall in no case be less than 11.5" for ladder up to and including 10' in length for longer ladders this width would be increased at least ¼'' for each additional foot of length. Uniform step spacing shall not exceed 12’’. Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the site of work shall be so stacked or placed as to cause danger or inconvenience to any person or public. The CONTRACTOR shall also provide all necessary fencing and lights to protect the workers and staff from accidents, and shall be bound to bear the expenses of defence of every suit, action or other proceedings, as law that may be brought by any person for injury sustained owing to neglect of the above precautions and to pay damages and costs which may be awarded in any such suit or action or proceedings to any such person, or which may with the consent of the CONTRACTOR be paid to compromise any claim by any such person.

10.5.0.0 EXCAVATION AND TRENCHING 10.5.1.0 All trenches 4’ or more in depth, shall at all times be supplied with at least one ladder for each

100' length or fraction thereof. 10.5.2.0 Ladder shall be extended from bottom of the trench to at least 3' 3’’ above the surface of the

ground. The site of the trenches which is 5’ or more in depth shall be stepped back to give suitable slope, or securely held by timber bracing, so as to avoid the danger of sides to collapse. The excavated material shall not be placed within 5’ of the edge of the trench or half of trench depth whichever is more. Cutting shall be done from top to bottom. Under no circumstances shall undermining or undercutting be done.

10.6.0.0 DEMOLITION 10.6.1.0 Before any demolition work is commenced and also during the process of the work all roads

and open area adjacent to the work site shall either be closed or suitably protected. 10.6.2.0 No electric cable or apparatus which is liable to be a source of danger over a cable or

apparatus used by the operator shall remain electrically charged.

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10.6.3.0 All practical steps shall be taken to prevent danger to persons employed, from risk of fire or

explosion or flooding. No floor, or other part of the building shall be so overloaded with debris or material as to render it unsafe.

10.7.0.0 SAFETY EQUIPMENT 10.7.1.0 All necessary personal safety equipment as considered adequate by the Engineer-in-charge

should be made available for the use to the persons employed on the site and maintained in a condition suitable for immediate use, and the CONTRACTOR should take adequate steps to ensure proper use of equipment by those concerned.

10.7.2.0 Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided

with protective footwear and protective gloves. 10.7.3.0 Those engaged in white washing and mixing or stacking of cement bags or any materials

which are injurious to the eyes shall be provided with protective goggles. 10.7.4.0 Those engaged in welding and cutting works shall be provided with protective face and

eyeshields, and gloves, etc. 10.7.5.0 Stone breakers shall be provided with protective goggles and protective clothing and seated

at sufficiently safe intervals. 10.7.6.0 When workers are employed in sewers and manholes, which are in use, the CONTRACTOR

shall ensure that the manhole covers are opened and are ventilated at least for an hour before the workers are allowed to get into the manholes, and the manholes so opened shall be cordoned off with suitable railing and provided with warning signals or boards to prevent accident to the public.

10.7.7.0 The CONTRACTOR shall not employ men below the age of 18 years and women on the

work of painting or products containing lead in any form. Wherever men above the age of 18 years are employed on the work of lead painting, the following precautions should be taken:

10.7.7.1 No paint containing lead product shall be used except in the form of paste or readymade

paint. 10.7.7.2 Suitable face masks shall be supplied for use by the workers when paint is applied in the

form of spray or a surface having lead paint dry rubbed and scrapped. 10.7.7.3 Overalls shall be supplied by the CONTRACTOR to workmen and adequate facilities shall be

provided to enable the working painters to wash during and on cessation of work. 10.8.0.0 RISKY PLACES 10.8.1.0 When the work is done near anyplace where there is a risk of drowning, all necessary safety

equipments shall be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provision should be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work.

10.9.0.0 HOISTING EQUIPMENT 10.9.1.0 Use of hoisting machines and tackle including their attachments, anchorage and supports

shall conform to the following standards or conditions : 10.9.1.1 These shall be of good mechanical construction, sound materials and adequate strength and

free from patent defect and shall be kept in good condition and in good working order. 10.9.1.2 Every rope used in hoisting or lowering materials or as a means of suspension shall be of

durable quality and adequate strength and free from patent defects.

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10.9.1.3 Every crane driver or hoisting appliance operator shall be properly qualified and no person

under the age of 21years should be in charge of any hoisting machine including any scaffolding winch or give signals to the operator.

10.9.1.4 In case of every hoisting machine and of every chain ring hook, shackle, swivel and pulley

block used in hoisting or lowering or as means of suspension, the safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load and the condition under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing.

10.9.1.5 In case of departmental machine, the safe working load shall be notified by the Engineer-in-

Charge. As regards CONTRACTOR's machines, the CONTRACTOR shall notify the safe working load of the machine to the Engineer-in-charge, whenever he brings any machinery to site of work and get it verified by the Engineer-in-charge concerned.

10.10.0.0 ELECTRICAL EQUIPMENT 10.10.1.0 Motor, Gearing, Transmission, wiring and other dangerous parts of hoisting appliances shall

be provided with efficient safeguards, hoisting appliance should be provided with such means as will reduce to the minimum, the risk of accidental descent of the load, adequate precautions shall be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energised, insulating mats, wearing apparel, such as gloves and boots as may be necessary shall be provided. The workers shall not wear any rings, watches and carry keys or other materials which are goods conductors of electricity.

10.11.0.0 MAINTENANCE OF SAFEY DEVICES 10.11.1.0 All scaffolds, ladders and other safety devices mentioned or described herein shall be

maintained in safe conditions and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be provided at or near place of work.

10.12.0.0 DISPLAY OF SAFETY INSTRUCTIONS 10.12.1.0 These safety provisions should be brought to the notice of all concerned by display on a

notice board at a prominent place at the work spot. The person responsible for compliance of the safety code shall be named therein by the CONTRACTOR.

10.13.0.0 ENFORCEMENT OF SAFETY REGULATIONS 10.13.1.0 To ensure effective enforcement of the rules and regulations relating to safety precautions

the arrangements made by the CONTRACTOR shall be open to inspection by the Welfare Officer, Engineer-in-charge or Safety Engineer of the OWNER or their representatives.

10.14.0.0 NO EXEMPTION 10.14.1.0 Notwithstanding the above Clauses 10.0.0.0 to 10.13.0.0 there is nothing in these to exempt

the CONTRACTOR from the operations of any other Act or rules in force in the Republic of India.

10.14.2.0 The works throughout including any temporary works shall be carried on in such a manner as

not to interfere in any way whatsoever with the traffic on any roads or footpaths, at the site or in the vicinity thereto or any existing works whether the property of the OWNER or of a third party.

10.14.3.0 In addition to the above, the CONTRACTOR shall abide by the safety code provision as per

CPWD Safety Code framed from time to time.

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10.14.4.0 The CONTRACTOR shall also arrange to obtain valid gate passes for his men and

equipment from the concerned authorities of the Refinery/Project 10.14.5.0 No man/material/equipment not covered by valid passes shall be permitted within the Refinery/Project area and no material/equipment shall be permitted to be taken out of the Refinery/Project area, unless authorised by the concerned authorities of the Refinery Project. The CONTRACTOR shall be held fully responsible for any or all delays/losses/damages that may result consequent on any lapses that may occur on the part of his sub-contractors/employees in this regard.

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INSTRUCTIONS TO TENDERERS 1.0 Indian Strategic Petroleum Reserves Limited, a company registered in India under the

Companies Act, 1956, through its ____________(give the designation of the authority calling for tenders) invites tenders under sealed covers from bona fide and experienced CONTRACTORS of financial standing and reputation for the following job(s):

(a) name of work

(b) name of location

(c) unit/region/division etc.,(more specifically described in the Tender Documents, upon the terms and conditions mentioned in the Tender Documents.)

2.0 The Tender Documents shall consist of the following:

(i) Invitation to Tender

(ii) Instructions to the Tenderers

(iii) General Conditions of Contract

(iv) Special Conditions of Contract (including Scope of Work and Time Schedule)

(v) Special Instructions to Tenderers

(vi) Specifications

(vii) Plans (Exhibits………. to …………)

(viii) Drawings (Exhibits ………. to ………..)

(ix) Form of Contract

(x) Form of Tender (including formats annexed to the Form of Tender)

(xi) Form of Schedule of Rates

(xii) Addendum/Addenda to Tender Documents.

3.0 Price of Tender Documents

(a) The Price of Rs.________________ (Rupees __________________________) payable for the Tender Documents is made up as follows:

Prices for use of Tender Document : Rs.__________________ Less paid by OWNER to tenderer by way of adjustment to keep the Tender offer open : Rs.__________________ Balance : Rs.__________________

(b) The price of the Tender Document is the net cost/price per set of Tender Document, after accounting for the consideration paid by the OWNER to the tenderer, for keeping the tenders valid for the prescribed period, and any extension thereof.

4.0 Tender Instructions 4.1 Tender Documents shall remain the property of the OWNER. Not more than 2 (two) copies of

the Tender Documents will be issued to any one intending tenderer, unless otherwise specified. The Tender Document issued to one party cannot be transferred to or used by another without the specific written permission of the tender issuing authority.

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4.2 The Tender shall be completely filled in all respects and shall be tendered together with requisite information and annexures. Any tender incomplete in particulars shall be liable to be rejected.

4.3 If the space in the Tender or any schedule or annexure thereof is insufficient, pages shall be

separately added. These shall be consecutively page-numbered and also shall carry the Tender Document number and shall be signed by the tenderer and entered in the Index for the Tender.

4.4 (a) The Tender with one or more complete sets of the Tender Documents, as required, shall

be enclosed in a sealed cover superscribed with name of work and tender notice number and addressed and sent by registered post to the Tender Receiving Authority specified in the Invitation to Tender, or put in the Tender Box designated for the specific work located at the address specified in the Invitation to Tender. In case tenders have been called for in two parts separately viz., the technical and commercial part, and the price part, these two parts shall be put in two separate sealed covers superscribed "technical commercial part" and price part" respectively. Both the sealed covers thereafter shall be then put inside another sealed cover, superscribed with the name of the work, the tender notice number and date, due date for receipt of tenders, the name of the Tenderer, etc., and sent either by registered post or dropped in the tender box designated for the purpose, located at the address specified in the Tender Document.

(b) Where two copies of Tender Documents have been called for, they should be put in

two separate envelopes duly marked as 'original' and 'copy'. Both these sealed envelopes should then be put together inside another sealed envelope, suitably superscribed.

4.5 The sealed tenders must reach the Tender receiving Authority, at the address specified in the Invitation to Tender before the time limit specified therein.

4.6 The Tenders shall be opened on the date and at the time specified in the Invitation to Tender

or as soon thereafter as convenient, in the presence of such tenderers as may be present. Tenders not received in time may not be considered.

4.7 Tenderers shall set their quotations in firm figures and without qualifications or variations or

additions in the terms of Tender Documents. Tenders containing qualifying expressions such as "subject to minimum acceptance" or "subject to prior sale", or any other qualifying expression or incorporating terms and conditions at variance with the terms and conditions incorporated in the Tender Documents shall be liable to be rejected.

4.8 The tenders, as submitted, shall consist of the following:

(i) Complete set of Tender Documents (including addenda, if any) duly filled in and signed by the tenderers as prescribed in different clauses of the Tender Documents.

(ii) Schedule of Rates in the Form of Schedule of Rates. (iii) Earnest money amounting to and in the manners specified in Clause 5 hereof. (iv) Power of Attorney or other proof of authority, in favour of the person who has signed

the tender (or copy thereof duly attested by a Gazetted Officer), as required by Clause 4.13 hereof.

(v) Income Tax Clearance Certificate (in the case of Indian Bidders) (vi) Audited Balance Sheets for the last 3 (three) years. (vii) Form of Tender

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(viii) Information regarding tenderers in the form annexed to the Form of Tender (ix) Information regarding the tenderer's work of comparable nature in the form annexed to

the Form of Tender (x) Information regarding construction, organisation and equipment in the form annexed to

the Form of Tender. (xi) Solvency certificate from a Scheduled bank in India or a reputed foreign Bank

acceptable to the OWNER (xii) Declaration of Blacklisting in the prescribed format.

4.9 (a) The OWNER reserves the right to reject, accept or prefer any tender or to abort the

bidding process without assigning any reason whatsoever.

(b) Although ordinarily the lowest responsive bid amongst the bids submitted by tenderers and considered by the OWNER as qualified and competent shall be preferred, the OWNER reserves the right not to accept the lowest bid if in its opinion this would not be in the interest of the work.

(c) If the OWNER in its discretion considers that the interest of the work requires a split, the OWNER may split the works between two or more tenderers.

4.10 The tender shall be irrevocable up to the expiry of 4 (four) months from the date of opening of tenders. In case of a 2 (two) bid system, the 4 (four) month period shall be reckoned from the date of opening of the techno-commercial bid.

4.11 Rates to be in Figures and Words:

The tenderer shall quote in English both in figures as well as in words the amount tendered by him in the Form of Schedule of Rates forming part of the Tender Documents, in such a way that interpolation is not possible. If the parties do not quote both in figures and words properly and correctly, their tenders are liable to be rejected. The amount for each item shall be worked out and entered and requisite totals given of all items. The tendered amount for the work shall be entered in the tender duly signed by the tenderer. If some discrepancies are found between the rates given in words and figures of the amount shown in the tender, the following procedure shall be applied :

(a) When there is a difference between the rates in figures and words, the rate which corresponds to the amount worked out by the tenderer shall be taken as correct. (b) When the rate quoted by the tenderer in figures and words tallies but the amount is incorrect, the rate quoted by the tenderer shall be taken as correct. (c) When it is not possible to ascertain the correct rate in the manner prescribed above the

rate as quoted in words shall be adopted.

4.12 Corrections and Alterations

Tenderers are required to fill in the Tender Documents with all due care, avoiding cuttings/ corrections/ alteration/ overwriting etc. in the entries, as far as possible. In case corrections/alterations become unavoidable or inevitable, the entry to be corrected, altered should be neatly cancelled or scored through by striking the entry by drawing a line through it and making the revised/corrected entry as close to the cancelled entry as possible, each such cancellation and correction/alteration being clearly and unambiguously authenticated by the Tenderer by his full signatures. Overwriting and/or erasing with or by the application of correcting/erasing fluid(s) will not be permitted and shall render the Tender for rejection.

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4.13 Signing of Tender

(i) The tender shall contain the name, residence and place of business of the person(s) making the tender and shall be signed by the tenderer with his usual signature. Partnership firms shall furnish the full names of all partners in the tender, and shall annex a copy of the Partnership deed to the tender. It shall be signed in the partnership name by the partners or by a duly authorised representative followed by the name and designation of the person signing. Tenders by Corporations shall be signed in the name of the Corporation by a person duly authorised to do so.

(ii) The person signing the tender shall state his capacity and also the source of his ability

to bind the tenderer. The power of attorney or authorisation or other document constituting adequate proof of the ability of the signatory to bind the tenderer shall be annexed to the tender. The OWNER may reject outright any tender unsupported by adequate proof of the signatory's authority.

(iii) When a tenderer signs a tender in a language other than English, the total amounts

tendered should in addition be written in the same language. The signature should be attested by at least one witness.

4.14 Witness :

Name, occupations and addresses of the Witnesses shall be stated below their signature. Witnesses shall be persons of status.

4.15 All pages to be initialled : All signatures in the Tender Documents shall be dated as well. All pages of all sections of

Tender Documents shall be initialled at the lower right hand corner or signed wherever required in the Tender Documents by the tenderer or by a person holding power of attorney authorising him to sign on behalf of the tenderer before submission of tender.

4.16 Canvassing

Canvassing in connection with tenders is strictly prohibited and the tenders submitted by the tenderers who resort to canvassing shall be liable to rejection.

4.17 Past Experience

The tenderer shall enclose documents to show that he has previous experience in having successfully completed in the recent past works of similar nature together with the name of OWNER, location of sites and value of contract in the format annexed to the Form of Tender. It shall be the responsibility of the Tenderers to fill complete, correct and accurate information in line with the requirements/stipulations of the Tender Document, regarding their past experience and other information required to facilitate due evaluation/consideration of their tenders. In case any essential information given by a bidder is found to be incorrect or a misrepresentation, the bid is likely to be rejected as not responsive, and if the bid has resulted in a contract, the contract is liable to be terminated pursuant to the provisions of Clause 7.0.1.0 of the General Conditions of Contract with consequences of termination as provided in Section 7 of the General Conditions of Contract.

4.18 P.F. Code Number to be furnished

The tenderer(s) shall indicate his/their P.F. Code Number in the Form of Information about Tender annexed to the Form of Tender. In the absence of the same, the tender shall be liable to be rejected.

4.19 Form of Earnest Money to be deposited

A bank Guarantee may be accepted by the OWNER towards Earnest Money Deposit or Initial Security Deposit or Security Deposit or otherwise, as the case may be, provided the amount of such Bank Guarantee is not less than Rs.1 (one) lakh. Such Bank Guarantee

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shall be issued by a scheduled bank in India acceptable to the OWNER and shall be strictly in the format prescribed by the OWNER for the specific purpose for which the Bank Guarantee is required to be furnished.

4.20 (a) Each tenderer/bidder shall give a declaration in the prescribed format annexed to the

Form of Tender that he/it/they is/are not under any blacklist declared by the OWNER or by any Department of the State or Central Government or by any other Public Sector Organisation, and that there is no inquiry in respect of any corrupt or fraudulent practice pending against him/it/them. In case he/it/they are under any such list, or any inquiry is pending, he/it/they shall in the declaration give full details thereof. Such declaration in respect of a partnership firm or association of persons shall cover every partner or member of the association, and in the case of Company, shall cover every Director and Principal Shareholder of the Company and any Holding Company and/or subsidiary Company(ies) if any.

(b) If a tenderer is on any such List or if any such inquiry is pending against it/him/them or

if the Bidder makes a false declaration, the OWNER reserves the right to reject the Bid, and if the Bid has resulted into a contract, the contract is liable to be terminated pursuant to the provisions of Clause 7.0.1.0 of the General Conditions of Contract.

4.21 In case pre-qualification of potential bidders/tenderers had been undertaken earlier and completed for the work, only bids from pre-qualified bidders will be considered for evaluation and award of the contract. It shall be incumbent on the tenderer to submit necessary evidence of having been pre- qualified for the particular job in question or part thereof, by submitting copies of intimation received from the OWNER/consultant intimating about their being pre qualified.

4.22 In case no pre-qualification of bidder/tenderers had been undertaken by the

OWNER/consultant, the tenderer shall include full details in support of their capacity, capability and financial standing for taking up and completing the work successfully.

4.23 Each tenderer can submit only one tender bid for one package. The names of specialized

sub-contractor(s) may, however, appear in different offers submitted by different tenderers.

(a) It is clarified that a person shall be deemed to have submitted more than one bid if a person bids in an individual or proprietorship format and/or in a partnership or association of persons format and/or in a Company format.

(b) A company shall for this purpose include any artificial person whether constituted under

the laws of Indian or of any other country. (c) A person shall be deemed to have bid in a partnership format or in association of

persons format if he is a partner of the firm which has submitted the bid or is a member of any association of persons which has submitted a bid.

(d) A person shall be deemed to have bid in a company format if the person holds more

than 10% (ten percent) of the voting share capital of the company which has submitted a bid, or is a Director of the Company which has submitted a bid, or holds more than 10% (ten percent) of voting share capital and/or is a Director of a holding Company which has submitted the bid.

5.0 Earnest Money 5.1 The tenderer shall, as a condition for the consideration of the tender, pay the sum specified in

Invitation to Tender in the manner specified therein. In the case of cash deposit, he shall attach the official receipt with the tender. The tender is liable to be rejected for failure to deposit money in the manner aforesaid or for failure to furnish proof of having deposited earnest money along with the tender.

5.2 The Earnest Money of unsuccessful tenderer(s) shall be refunded without interest only after

the award of the work is finalised.

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5.3 The Earnest Money deposited by a successful tenderer shall be forfeited if the successful tenderer fails to deposit or furnish the requisite initial Security Deposit as specified in the General Conditions of Contract and/or fails to commence work at each job site within 10 (ten) days of handing over the job or any part thereof to him and/or fails to execute the contract in accordance with the Form of Contract within 10 (ten) days of receipt of Letter of Acceptance in this behalf from the OWNER or within such extended period as may be permitted by the OWNER for the purpose.

5.4 (a) A tenderer who has submitted his/it/their bid shall not be permitted to alter/amend or

withdraw his/it/their bid after submission of bid, notwithstanding that the bid(s) has/have not yet been opened.

(b) A tenderer who purports to alter/modify or withdraw his/its/their bid/offer after

submission, within the period during which he/it/they promised to keep his/its/their bid valid, shall be liable to have his/its/their tender rejected and his/its/their Earnest Money deposit or Bank Guarantee submitted by way of earnest money forfeited/encashed.

(c) A bidder who offers unsolicited reduction in the price offer whether before or after the

opening of the price part of the tender(s)/bid(s) shall be liable to have his/its/their bid(s) rejected. Bidders may, however, at any stage offer a reduction if such reduction is solicited or if the OWNER gives the Bidder an opportunity to offer such reduction.

6.0 Cost of Preparation and Submission of Bids 6.1 The tenderer shall prepare the tender at his/its/their own risk and shall bear all the costs of

preparing and submitting his/its/their tenders, as well as all other costs of tendering for the work and the OWNER shall take no liability for these costs.

7.0 Addenda 7.1 Addenda to the Tender Documents may be issued prior to the date of opening of the tender

(and in the case of 2 (two) bid system, prior to the date of opening the price part of the bid) to clarify documents or to reflect modifications in the design or contract terms.

7.2 Such addendum(s) issued shall be distributed in duplicate, to each person or organisation to

whom Tender Documents have been issued. Each recipient will retain one signed copy of such addendum(s) for submission alongwith his tender and return one signed copy to the authority inviting tenders as acknowledgment of receipt of the addendum. All such addendum(s) issued shall form part of Tender Documents.

8.0 Retired Company Directors 8.1 No Director of the OWNER is allowed to tender for a period of 2 (two) years after his

retirement from the employment of the OWNER, without the previous permission of the OWNER. The Contract if awarded is liable to be cancelled if the tenderer is found at any time to be such a person and has not obtained the permission of the OWNER before submission of the tender. Any tender by a person aforesaid shall carry a disclosure thereof on the tender, and shall be accompanied by a copy of the document by which the requisite consent is given. Such disqualifications shall apply to every partner of a partnership firm.

8.2 The tenderer is required to state whether he is a relative of any Director of the OWNER, or

whether the tenderer is a firm, whether a Director of the OWNER or relative of such Director is a partner in the firm, or whether the tenderer is a Company, whether a Director of the OWNER or relative of such Director is a substantial member holding more than 10% (ten percent) of the paid up capital in the Company, or a Director of the Company.

9.0 Quotations 9.1 The tenderer shall quote for the jobs on the basis of the items entered in the Form of

Schedule of Rates, and shall quote separately for each and every item(s) entered in the Form of Schedule of Rates.

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9.2 The prices quoted shall be all inclusive as provided for in respect of Schedule of Rates in the General Conditions of Contract and the OWNER shall not entertain any claim(s) for enhancement of the price(s) on any account whatsoever.

10.0 Information 10.1 The information given in the Tender Documents and the Plans and Drawings forming part

thereof is merely intended as a general information without undertaking on the part of the OWNER as to their accuracy and without obligation relative thereto upon the OWNER. The tenderers are expected to conduct their own surveys and investigations prior to tendering.

10.2 All information disclosed to the tenderers by way of the Tender Documents shall be

considered confidential and shall not be disclosed to any party by the tenderers except as may be necessary for carrying out the work. Where it is found that any tenderer has violated and has disclosed sensitive and vital information impugning on the security of the installation/national security,necessary action, as may be called for, may be taken against the tenderer concerned in addition to his being liable to be black listed and/or barred from participating in future bids.

10.3 The tenderer shall before tendering and shall be deemed before tendering to have

undertaken a thorough study of the proposed work, the job site(s) involved, the site conditions, soil conditions, the terrain, the climatic conditions, the labour, power, material and equipment availability and transport and communications facilities, the availability and transport suitability or borrow areas, the availability of land for right of way and temporary office and accommodations, quarters, and all other facts and facilities necessary or relevant for the formulation of the tender, supply of materials and the performance of the work. Without prejudice to the aforegoing, the tenderers may be allowed access to any information regarding the site of the work, the investigations conducted relative thereto, such as soil investigation etc. But, these shall be only indicative in nature and the tenderers are expected to collect their own data for preparation and submission of their tender. Any claim at a later date based on either incorrectness or inadequacy of the information/data made available by the OWNER/ CONSULTANT to a tenderer shall not be entertained. The OWNER/ CONSULTANT shall be fully absolved of any and all liabilities in this regard.

10.4 In case the OWNER/CONSULTANT decides to have a pre-bid conference to clarify any

issues, necessary intimation with adequate notice will be sent to the intending tenderers. Brief summary of the queries raised by the attending tenderers and the clarifications given by the OWNER/ CONSULTANT in respect thereof, as well as any further information which the OWNER/consultant choose to furnish to the tenderers, in the form of Minutes of the Meeting or Addendum, which shall form a part of the Tender Documents, unless otherwise specified.

10.5 All communication from the OWNER/consultant to the tenderers shall be sent by speed

post/courier as may be applicable. The tenderers must acknowledge each and every communication sent by the OWNER/consultant the duplicate copy or the Xerox copy of the said communication duly signed by the Tenderer(s) in token of receipt. Wherever feasible, communications may be sent by Fax/E-mail also followed by confirmatory copies by post.

10.6 The OWNER/consultant may, at his discretion, call for technical/commercial clarification or

any other clarifications required, from any Tenderer(s), in respect of his/their tender(s). 10.7 The OWNER reserves the right to consider/evaluate only substantially responsive tenders. A

substantially responsive tender is one, which, in the opinion of the OWNER (which shall be final and binding on the Tenderer(s)), substantially conforms to all the terms, conditions, specifications and requirements of the Tender Document without material deviations or reservations in respect of any of the following:

(a) scope, quality or performance of the work; (b) OWNER's rights or the tenderer’s obligations under the contract as per the tender documentation;

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(c) Such deviations the correction of which would affect the competitive position of other tenderers, who have submitted substantially responsive bids; (d) Any tender unaccompanied by the earnest money in a form which is not acceptable as

per the Tender Documents, or falling short of the requirement of the Tender Document, shall be liable for rejection.

10.8 Bidders are expected to bid strictly on the format and subject to the terms and conditions specified in the Tender Documents. Any bid containing any deviation which in the sole opinion of the OWNER is material, or which in the opinion of the OWNER cannot be evaluated so as to place other bidders at a disadvantage, shall be liable to have his/its/their bid rejected.

10.9 In case any bidder/tenderer considers it inevitable or unavoidable to make certain deviations

from requirements and stipulations of the Tender Document, such bidder/tenderer shall bring out the same separately and prominently in a separate statement enclosed with the tender (or techno-commercial part of the tender in case of two part tenders) so as to make it prominently noticeable by the authority opening the tender. Such a statement should clearly indicate the particular page number, clause, or section of the Tender Document deviated from, the scope and extent of the deviations and explanation as to why the said deviation is considered inevitable or unavoidable in the view of the tenderer.

11.0 Collusive or fraudulent tenders 11.1 In case it appears to the OWNER, after examining the tenders received, that any 2 (two) or

more tenders are collusive or otherwise manipulated to the disadvantage of the OWNER and against the spirit of ethical competition, the OWNER reserves the right to summarily reject such tenders. It shall not be incumbent on the OWNER to prove any collusion or other malpractice in this regard.

12.0 Signing of the Contract 12.1 The successful tenderers shall be required to execute a formal contract in accordance with

the Form of Contract within 10 (ten) days from the date of receipt of Letter of Acceptance from the OWNER, or such extended time as may be permitted by the OWNER for the purpose to do so.

For and on behalf of

Indian Strategic Petroleum Reserves Limited Ltd

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PROFORMA OF DECLARATION OF BLACK LISTING/HOLIDAY LISTING In the case of a Proprietary Concern : I hereby declare that neither I in my personal name or in the name of my Proprietary concern M/s. ___________________________ which is submitting the accompanying Bid/Tender nor any other concern in which I am proprietor nor any partnership firm in which I am involved as a Managing Partner have been placed on black list or holiday list declared by Indian Strategic Petroleum Reserves Limited or its Administrative Ministry (presently the Ministry of Petroleum & Natural Gas), except as indicated below :

(Here give particulars of blacklisting or holiday listing, and in absence thereof state "NIL") In the case of a Partnership Firm :

We hereby declare that neither we, M/s.________________________________, submitting the accompanying Bid/Tender nor any partner involved in the management of the said firm either in his individual capacity or as proprietor or managing partner of any firm or concern have or has been placed on blacklist or holiday list declared by Indian Strategic Petroleum Reserves Limited or its Administrative Ministry (presently the Ministry of Petroleum & Natural Gas), except as indicated below :

(Here give particulars of blacklisting or holiday listing and in the absence thereof state "NIL")

In the case of Company:

We hereby declare that we have not been placed on any holiday list or black list declared by ISPRL or its Administrative Ministry (presently the Ministry of Petroleum and Natural Gas), except as indicated below:

(Here give particulars of black listing or holiday listing and in the absence thereof state "NIL") It is understood that if this declaration is found to be false in any particular, Indian Strategic Petroleum Reserves Limited or its Administrative Ministry, shall have the right to reject my/our bid, and if the bid has resulted in a contract, the contract is liable to be terminated.

Place : Signature of Bidder: Date : Name of Signatory :

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EQUIPMENT QUESTIONNAIRE

(To be furnished with the Tender)

The tenderer shall specify in the form given below the list of equipment owned by the tenderer which shall be used for the work if awarded to the tenderer. Type Number Make Capacity Location Owner

Signature of Tenderer Name and Address of the Tenderer

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EXPERIENCE QUESTIONNAIRE

(To be furnished with the Tender)

The tenderer has completed the following similar Construction Projects in the last five years. Type Owner Value Year completed

Signature of Tenderer Name and Address of

the Tenderer

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FORM OF TENDER

(To be filled up by the Tenderer)

For Price Bid

Serial No. Date From _______________________________

_______________________________ To Indian Strategic Petroleum Reserves LimitedLtd _________________________ Project

Tender No._______________________________

Dear Sirs, Having examined the Tender Documents consisting of the Short Tender Notice, General Instructions to Tenderers, General Conditions of Contract, Special Instructions to Tenderers, Special Conditions of Contract, Specifications, Plans(Exhibits________________________________to____________________________________), Drawings Exhibits_____________________________to____________________________________) Time Schedule Form of Contract, Form of Tender, Form of Schedule of Rates, and Addendum(a) to the Tender Documents and having understood the provisions of the said Tender Documents and having thoroughly studied the requirements of Indian Strategic Petroleum Reserves Limited. relative to the work tendered for in connection with the____________________(Name of the Project) and having conducted a thorough study of the job site(s) involved, the site conditions, soil conditions, the climatic conditions, labour, power, water, material and equipment availability, the transport and communication facilities, the availability and suitability of borrow areas, the availability of land for right of way and temporary office accommodation and quarters and all other facilities and things whatsoever necessary for or relative to the formulation of the tender for the performance of work,I/we hereby submit my/our tender offer for the performance of proposed work in accordance with the terms and conditions and within the time mentioned in the Bid Documents at the rate(s) quoted by me/us in the accompanying Schedule of Rates based on the Form of Schedule(s) of Rates included within the Tender Documents and arrived at a total contract value of Rs.________________________________ (Rupees___________________________________only) based on an application of the rates tendered in the accompanying Schedule(s) of Rates to the relative quantities indicated in the Form of Schedule(s) of Rates forming part of the Tender Documents. If the work or any part thereof is awarded to me/us, I/ We undertake to perform the work in accordance with the Contract Documents as defined in the Form of Contract forming part of the Tender Documents and accept the terms and conditions of Contract as laid down therein and undertake within 10 (ten) days of receipt of acceptance of Tender to pay to and/or deposit with the Accounts Officer,_________________(Name of the Project) Indian Strategic Petroleum Reserves Limited a sum which together with the amount of arnest money deposited by me/us in terms hereof, shall make 2 ½% (two and one-half percent) of total contract value as specified in the Acceptance of Tender for the purpose of security deposit, by any one or more of the modes of payments specified in this behalf in the General Conditions of Contract, and to commence work at each job site(s) involved within 10 (ten) days of handing over the job site or any part thereof to me/us, and to sign the formal Contract in the terms of the form of contract forming part of Tender Documents, within 10 (ten) days of receipt of Letter of Acceptance from and on behalf of Indian Strategic Petroleum Reserves Limited, in this behalf failing which Indian Strategic Petroleum Reserves Limited, shall be at liberty, without reference to me/us and without prejudice to any of its rights or remedies, to terminate the Contract and/or to forfeit the earnest money deposited in terms hereof.

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In consideration of the sum of Rupee 1/- (Rupee one only) paid to me/us by Indian Strategic Petroleum Reserves Limited, by adjustment in the price of Tender Documents, I/We further undertake to keep my/our this tender offer open for a period of not less than 4 (four) months from the scheduled date of opening of Tenders as specified in the General Instructions to Tenderer forming part of the Tender Documents.

I/We have annexed to this Bid the following documents:

(i) Schedule of Rates in the prescribed Form.

(ii) Original Power of Attorney or other proof of authority of the person who has signed the Tender OR

copy of Power of Attorney or other authority duly certified by a Gazetted Officer or a Notary Public in proof of authority of the person who has signed the Tender.

I/We hereby undertake that the statements made herein/information given in the Annexures referred to above are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular, the same may be construed to be a misrepresentation entitling Indian Strategic Petroleum Reserves Limited to avoid any resultant contract.

I/We further undertake as and when called upon by Indian Strategic Petroleum Reserves Limited to produce, for its inspection, original(s) of the document(s) of which copies have been annexed hereto.

(Signature(s) of the Tenderer(s))

Name & Designation of authorised person

signing the Tender on behalf of the Tenderer (s)

Full Name and address of the Tenderer (s)

Witness : Signature : Name : Occupation :

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FORM OF TENDER (To be filled up by the Tenderer)

For Commercial Bid

Serail No. Date; From _______________________________

_______________________________ To Indian Strategic Petroleum Reserves Limited. ________________________ Project

Tender No._______________________________ Dear Sirs, Having examined the Tender Documents consisting of the Tender Notice, General Instructions to Tenderers, General Conditions of Contract, Special Instructions to Tenderers, Special Conditions of Contract, Specifications, Plans (Exhibits________ to_____________________), Drawings (Exhibits_____________________to_____________________) Time Schedule, Form of Contract, Form of Schedule of Rates, and Addendum(a) to the Tender Documents, and having understood the provisions of the said Tender Documents and having thoroughly studied the requirements of Indian Strategic Petroleum Reserves Limited Relative to the work tendered for in connection with the_____________________(Name of the Refinery/Project) and having conducted a thorough study of the job site(s) involved, the site conditions, soil conditions, the climatic conditions, labour, power, water, material and equipment availability, the transport and communication facilities, the availability and suitability of borrow areas, the availability of land for right of way and temporary office accommodation and quarters and all other facilities and things whatsoever necessary for or relative to the formulation of the tender or the performance of work, I/we hereby submit my/our tender offer for the performance of proposed work in accordance with the terms and conditions and within the time mentioned in the Tender Documents. In consideration of the sum of Rupee 1/- (Rupee one only) paid to me/us by Indian Strategic Petroleum Reserves Limited, by adjustment in the price of Tender Documents, I/We further undertake to keep my/our this tender offer open for a period of not less than 4 (four) months from the scheduled date of opening of Tenders as specified in the General Instructions to Tenderers forming part of the Tender Documents. I/We hereby further state that I/We/None of us (in the case of partnership firm) and none of our Directors (in the case of a Company) was/were employed as Directors of Indian Strategic Petroleum Reserves Limited during the period of 2 (two) years immediately preceding the date hereof OR I/We hereby declare that I/Shri_____________________one of our partners (in the case of partnership firm/Directors in the case of a Company) was employed as a Director in Indian Strategic Petroleum Reserves Limited during the period of 2 (two) years immediately preceding the date hereof and that I/Shri_____________________have/has obtained previous permission of Indian Strategic Petroleum Reserves Limited to make this tender. I/We have annexed to this Bid the following documents:

(i) Schedule of Rates in the prescribed form.

(ii) Original Power of Attorney or other proof of authority of the person who has signed the Tender

OR copy of Power of Attorney attested by a Gazetted Officer or a Notary Public in proof of the authority of the person who has signed the Tender.

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(iii) Original Income-tax Clearance Certificate OR copy of Income-Tax Clearance Certificate duly

attested by a Gazetted Officer/Notary Public. (iv) Information regarding tenderer in the form annexed to the Form of Tender. (iv) Information regarding experience of the tenderer in the performance of work of a comparable

nature in the form annexed to the Form of Tender. (vi) Information regarding construction organisation and equipment in the form annexed to the Form

of Tender. (viii) Solvency Certificate from a Nationalised/Scheduled Bank. (ix) Set of Tender Documents, as issued duly signed. (x) Additional Documents as listed below.

I/We hereby undertake that the statements made herein/information given in the Annexures referred to above are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular, the same may be construed to be a misrepresentation entitling Indian Strategic Petroleum Reserves Limited to avoid any resultant contract. I/We further undertake as and when called upon by Indian Strategic Petroleum Reserves Limited to produce, for its inspection, original(s) of the document(s) of which copies have been annexed hereto. I/We confirm having deposited Earnest Money of Rs.__________________ (Rupees________________________) as detailed hereunder (Strike off whichever is not applicable)

(Signature(s) of the Tenderer(s))

Name & Designation of authorised person

signing the Tender on behalf of the Tenderer (s)

Full Name and address of the Bidder(s)

Witness : Signature : Name : Occupation :

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INFORMATION ABOUT TENDERER

(To be furnished with Tender)

1. In case of Individual 1.1 Name of Business : 1.2 Whether his business is registered : 1.3 Date of Commencement of business : 1.4 Whether he pays Income Tax over Rs.10,000/- per year :

1.5 Whether he is a Director or is related to any Director of ISPRL present or retired within the past 2 years :

1.6 Permanent Account Number :

1.7 What are his profits/losses for the past 3 (three) years with a copy of Balance Sheet and Profit & Loss Account for the past 3 (three) years with a copy of the audited Balance Sheets and Profit & Loss account for the past 3 (three) years:

1.8 What are his concurrent job commitments : 1.9 How does he propose to finance the work if awarded to him : 2. In case of Partnership 2.1 Name of Partners : 2.2 Whether the partnership is registered : 2.3 Date of establishment of firm :

2.4 If each of the partner of the firm pays Income tax over Rs.10,000/- a year and if not, which of them pays the same :

2.5 Whether any partner of the firm is a Director or is related to any Director

of ISPRL, present or retired within the past 2 years.

2.6 Permanent Account Number :

2.7 What are the firm's profits/losses for the past 3 (three) years with a copy of Balance Sheet and Profit & Loss Account for the past 3 (three) years :

2.8 What are the firm's concurrent job commitments : 2.9 How does the firm propose to finance the work if awarded to him : 3. In case of Limited Company or Company Limited by Guarantees : 3.1 Amount of paid up capital : 3.2 Name of Directors : 3.3 Date of Registration of Company : 3.4 Copies of the Balance Sheet of the company of the last 3 (three) years :

3.5 Whether any of the Directors of the Company is a Director or is related to any Director of ISPRL, present or within the past 2 (two) years :

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3.6 Permanent Account Number

3.7 What are the Company's profits/losses for the past 3 (three) years with a copy of the audited Balance Sheet for the past 3 (three) years :

3.8 What are the company's concurrent job commitments:

3.9 How does the Company propose to finance the work if awarded to it :

FOOT NOTE : Reference is also invited to Clause 8.0 of Instructions to Tenderers forming part of GCC.

Signature of Tenderer

Name & Address of the Tenderer

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FORM OF CONTRACT THIS CONTRACT made at New Delhi this__________________day of________________; BETWEEN INDIAN STRATEGIC PETROLEUM RESERVES LIMITED, registered in India under the Indian Companies Act 1956, having its registered office at 301, World Trade Center, 3rd Floor, Babar Road, New Delhi- 110 001 (hereinafter referred to as the "OWNER" which expression shall include its successors and assigns) of the One Part; AND__________________ carrying on business in sole proprietorship/carrying on business in partnership under the name and style of___________________a Company registered in India under the Indian Companies Act, 1913/1956 having its registered office at __________________________ (hereinafter referred to/as collectively referred to as the "Contractor'' which expression shall include his/their/its executors, administrators, representatives and permitted assigns/successors and permitted assign) of the other part: WHEREAS The OWNER desires to have executed the work of__________________________________________ __________________________________________________________________________________ ____________________________________________________________________________ more specifically mentioned and described in the contract documents (hereinafter called the ''work'' which expression shall include all amendments therein and/or modifications thereof) and has accepted the tender of the CONTRACTOR for the said work. NOW, THEREFORE. THIS CONTRACT WITNESSETH as follows:

ARTICLE – 1

CONTRACT DOCUMENTS

1.1 The following documents shall constitute the Contract documents, namely :

(a) This contract ;

(b) Tender documents as defined in the General Instructions to Tenderers;

(c) Letter of Acceptance of Tender alongwith Fax/Telegram of Intent. 1.2. A copy of each of the Tender Documents is annexed hereto and the said copies have been

collectively marked Annexure 'A' while a copy of the Letter of Acceptance of Tender alongwith annexures thereto and a copy of Fax/Telegram of Intent dated_____________ are annexed hereto and said copies have been collectively marked as Annexure - 'B'.

ARTICLE – 2

WORK TO BE PERFORMED 2.1 The CONTRACTOR shall perform the said work upon the terms and conditions and within the

time specified in the Contract Documents.

ARTICLE - 3

COMPENSATION

3.1 Subject to and upon the terms and conditions contained in the Contract documents, the

OWNER shall pay CONTRACTOR compensation as specified in the Contract documents upon the satisfactory completion of the work and/or otherwise as may be specified in the Contract documents.

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ARTICLE - 4

JURISDICTION 4.1 Notwithstanding any other court or courts having jurisdiction to decide the question(s) forming

the subject matter of the reference if the same had been the subject matter of a suit, any and all actions and proceedings arising out of or relative to the contract (including any arbitration in terms thereof) shall lie only in the court of competent civil jurisdiction in this behalf at _______________ (where this Contract has been signed on behalf of the OWNER) and only the said Court(s) shall have jurisdiction to entertain and try any such action(s) and/or proceeding(s) to the exclusion of all other Courts.

ARTICLE - 5

ENTIRE CONTRACT 5.1 The Contract documents mentioned in Article - I hereof embody the entire Contract between

the parties hereto, and the parties declare that in entering into this Contract they do not rely upon any previous representation, whether express or implied and whether written or oral, or any inducement, understanding or agreements of any kind not included within the Contract documents and all prior negotiations, representations, contracts and/or agreements and understandings relative to the work are hereby cancelled.

ARTICLE - 6

NOTICES 6.1 Subject to any provisions in the Contract documents to the contrary, any notice, order or

communication sought to be served by the CONTRACTOR on the OWNER with reference to the Contract shall be deemed to have been sufficiently served upon the OWNER (notwithstanding any enabling provisions under any law to the contrary) only if delivered by hand or by Registered Acknowledgment Due Post to the Engineer-in-Charge as defined in the General Conditions of Contract.

6.2 Without prejudice to any other mode of service provided for in the Contract Documents or

otherwise available to the OWNER, any notice, order or other communication sought to be served by the OWNER on the CONTRACTOR with reference to the Contract, shall be deemed to have been sufficiently served if delivered by hand or through Registered Post Acknowledgement Due to the principal office of the CONTRACTOR at …………… or to the CONTRACTOR's representatives as referred to in the General Conditions of Contract forming part of the Contract Documents.

ARTICLE-7

WAIVER 7.1 No failure or delay by the OWNER in enforcing any right or remedy of the OWNER in terms of

the Contract or any obligation or liability of the CONTRACTOR in terms thereof shall be deemed to be a waiver of such right, remedy, obligation or liability, as the case may be, by the OWNER and notwithstanding such failure or delay, the OWNER shall be entitled at any time to enforce such right, remedy, obligation or liability, as the case may be.

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ARTICLE-8

NON-ASSIGNABILITY

The Contract and benefits and obligations thereof shall be strictly personal to the CONTRACTOR and shall not on any account be assignable or transferable by the CONTRACTOR. IN WITNESS WHEREOF the parties hereto have executed this Contract in duplicate the place, day and year first above written.

SIGNED AND DELIVERED for and on behalf of

INDIAN STRATEGIC PETROLEUM RESERVES LIMITED

by........................................... in the presence of : 1. 2. SIGNED AND DELIVERED for and on behalf of .......................................... (CONTRACTOR) by.......................................... (this day of.......………. 2000) in the presence of : 1. 2. *(Strike off which is not applicable)

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BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT

BG NO:______________________

DATED :_____________________

VALID UPTO :________________ To, Indian Strategic Petroleum Reserves Limited Dear Sirs, In consideration of Indian Strategic Petroleum Reserves Limited (hereinafter called "the Corporation" which expression shall include its successors and assigns), having agreed inter alia to consider the tender of _______________________________________ (Name of the Tenderer) having its Head Office/Registered office at _______________________________________(Address of the Tenderer) (hereinafter called the Tenderer" which expression shall include its successors and assigns), for the work of____________________(Name of the Project/Work) at________________ to be awarded under Tender No.____________________ upon the Tenderer furnishing an undertaking from the Bank as hereinafter appearing in lieu of cash deposit of the Earnest Money. We __________________________________________(Name of the Bank), a Bank constituted/Registered under the _____________Act, having our Head Office/Registered Office at __________________________(hereinafter called the "Bank" which expression shall include its successors and assigns), at the request of the Tenderer and with the intent to bind the Bank and its successors and assigns do hereby unconditionally and irrevocably undertake to pay the Corporation at New Delhi forthwith on first demand without protest or demur or proof or satisfaction or condition and without reference to the Tenderer, all sums payable by the Tenderer as and by way of Earnest Money to the Corporation, upto an aggregate limit of (Amount in figures and words). AND THE BANK DOTH HEREBY FURTHER AGREES AS FOLLOWS : 1. This Guarantee/Undertaking shall be a continuing guarantee and shall remain in full force and

effect for all claims or demands made by the Corporation on the Bank until the Corporation discharges this Guarantee/Undertaking subject, however, that the Corporation shall have no claims under this Guarantee/Undertaking after the midnight of_____________200_____________or any written extension(s) thereof.

PROVIDED that if the aforesaid work tendered for or any part thereof shall be awarded to the Tenderer on or before the said date, whether on the basis of accompanying tender or any other basis, then the validity of this guarantee/undertaking shall stand automatically extended for all claims and demands made by the Corporation for further three months.

2. The Corporation shall have the fullest liberty without reference to the Bank and without affecting

in any way the liability of the Bank under this Guarantee/Undertaking at any time and/or from time to time any wise to postpone and/or vary any of the powers, rights, and obligations exercisable by the Corporation against the Tenderer and either to enforce or to forbear from enforcing all or any of the terms and conditions of or governing the said Tender and/or any contract consequent upon any award of work or the said Earnest Money Deposit or the securities available to the Corporation or any of them and the Bank shall not be released from its liability under these Presents and the liability of the Bank hereunder shall remain in full force and effect notwithstanding any exercise by the Corporation of the liberty with reference to any or all the matters aforesaid or by reason of any other act, matter or thing whatsoever which under law relating to the sureties or otherwise which could, but for this provision have the effect of releasing the Bank from all or any of its obligations hereunder or any part thereof, and the Bank specifically waives any and all contrary rights whatsoever.

3. It shall not be necessary for the Corporation to proceed against the Tenderer before proceeding

against the Bank and the Guarantee/Undertaking herein contained shall be enforceable against the Bank as principal debtor notwithstanding the existence of any other undertaking or security

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for any indebtedness of the Tenderer to the Corporation and not withstanding that any such security shall at the time when claim is made against the Bank or proceedings taken against the Bank hereunder, be outstanding or unrealised.

4. The amount stated by the Corporation in any demand, claim or notice made with reference to

this guarantee shall as between the Bank and the Corporation for the purpose of these Presents be conclusive of the amount payable by the Bank to the Corporation hereunder.

5. The liability of the Bank to the Corporation under this Guarantee/Undertaking shall remain in full

force and effect notwithstanding the existence of any difference or dispute between the Tenderer and the Corporation, the Tenderer and the Bank and/or the Bank and the Corporation or otherwise howsoever touching these Presents or the liability of the Tenderer to the Corporation, and notwithstanding the existence of any instructions or purported instructions by the Tenderer or any other person to the Bank not to pay or for any cause withhold or defer payment to the Corporation under these Presents, with the intent that notwithstanding the existing of such difference, dispute or instructions, the Bank shall be and remain liable to make payment to the Corporation in terms thereof.

6. This Guarantee/Undertaking shall not be determined or affected by the liquidation or winding up

or dissolution or change of constitution or insolvency of the Tenderer or any change in the legal constitution of the Bank or the Corporation. 7. Without prejudice to any other mode of service, a demand or claim or other communication

may be transmitted by the Corporation to the Bank either by post or by fax. If transmitted by fax, the transmission shall be complete as soon as acknowledged by bank.

8. Notwithstanding anything contained herein:

(i) The Bank's liability under this guarantee/undertaking shall not exceed (Amount in figures & words) ;

(ii) This guarantee/undertaking shall remain in force upto_____________and any

extension(s) thereof; and (iii) The Bank shall be released and discharged from all liability under this

guarantee/undertaking unless a written claim or demand is issued to the Bank on or before_____________ or the date of expiry of any extension(s) thereof if this guarantee/undertaking has been extended.

The Bank doth hereby declare that Shri _____________________(designation)_________________ who is authorised to sign this Guarantee/Undertaking on behalf of the Bank and to bind the Bank thereby. This_____________day of_____________20_____

Yours faithfully

Signature :__________________________

Name & Designation:__________________

Name of the Branch:___________________

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FORM OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT/INITIAL SECURITY DEPOSIT

BG NO:_____________________

DATED :_____________________

VALID UPTO :________________ To, INDIAN STRATEGIC PETROLEUM RESERVES LIMITED Dear Sirs, In consideration of Indian Strategic Petroleum Reserves Limited (hereinafter called "the Corporation" which expression shall include its successors and assigns), having awarded certain work for and relative to ________________________(Name of the Project/Work) to________________________(Name and address of the Contractor) (hereinafter called "the Contractor" which expression shall include its successors and assigns), upon certain terms and conditions inter-alia mentioned in the Corporation's Letter of Acceptance No.________________________dated________________________read with the relative Tender Documents (hereinafter collectively called "the Contract", which expression shall include any formal contract entered into between the Corporation and the Contractor in supersession of the said Letter of Acceptance and all amendments and/or modifications in the contract) inclusive of the condition that the Corporation may accept a Bank Guarantee/Undertaking of a Scheduled Bank in India in lieu of Cash Deposit of the Initial Security Deposit as provided for in General Conditions of Contract forming part of the said Tender Documents: We______________________________(Name of the Bank), a body registered/constituted under the_________________________________________________Act, having our Registered Office/Head Office at___________________________ (hereinafter called "the Bank" which expression shall include its successors and assigns), at the request of the Contractor and with the intent to bind the Bank and its successors and assigns, do hereby unconditionally and irrevocably undertake to pay to the Corporation at New Delhi forthwith on first demand without protest or demur or proof or satisfaction and without reference to this guarantee upto an aggregate limit of Rs ._______________________________________________(Rupees________________________only). AND the Bank doth hereby further agrees as follows :- i) This Guarantee/Undertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Corporation upon the Bank made up to the midnight of ____________provided that the Bank shall upon the written request of the Corporation made upon the Bank at any time within 6 (six) months from the said date extend the validity of the Bank Guarantee by a further 6 (six) months so as to enable claims to be made under this Guarantee by a further 6 (six) months from the said date with the intent that the validity of this Guarantee shall automatically stand extended by a further 6 (six) months upon such request by the Corporation.

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ii) The Corporation shall have the fullest liberty without reference to the Bank and without affecting in any way the liability of the Bank under this Guarantee/Undertaking, at any time and/or from time to time to amend or vary the Contract and/or any of the terms and conditions thereof or relative to the said Initial Security Deposit or to extend time for performance of the said Contract in whole or part or to postpone for any time and/or from time to time any of the obligations of the Contractor and/or the powers or remedies exercisable by the Corporation against the Contractor and either to enforce or forbear from enforcing any of the terms and conditions of or governing the said Contract or the said Initial Security Deposit or the securities available to the Corporation or any of them and the Bank shall not be released from its liability under these presents and the liability of the Bank hereunder shall remain in full force and effect notwithstanding any exercise by the Corporation of the liberty with reference to any or all the matters aforesaid or by reason of time being given to the Contractor or any other forbearance, act or omission on the part of the Contractor or of any indulgence by the Corporation to the Contractors or of any other act, matter or thing whatsoever which under the law relating to sureties or otherwise which could but for the provision have the effect of releasing the Bank from its liability hereunder or any part thereof and the Bank hereby specifically waives any and all contrary rights whatsoever.

iii) The obligations of the Bank to the Corporation hereunder shall be as principal to principal and

shall be wholly independent of the contract and it shall not be necessary for the Corporation to proceed against the Contractor before proceeding against the Bank and the Guarantee/Undertaking herein contained shall be enforceable against the Bank notwithstanding the existence of any other Guarantee/ undertaking or security for any indebtedness of the Contractor to the Corporation (including relative to the said Security Deposit) and notwithstanding that any such undertaking or security shall at the time when claim is made against the Bank or proceedings taken against the Bank hereunder, be outstanding or unrealised.

iv) The amount stated by the Corporation in any demand, claim or notice made with reference to

this guarantee shall as between the Bank and the Corporation for the purpose of these presents be conclusive of the amount payable by the Bank to the Corporation hereunder.

v) The liability of the Bank to the Corporation under this Guarantee/undertaking shall remain in full

force and effect notwithstanding the existence of any difference or dispute between the Contractor and the Corporation, the Contractor and the Bank and/or the Bank and the Corporation or otherwise howsoever touching or affecting these presents for the liability of the Contractor to the Corporation, and notwithstanding the existence of any instructions or purported instructions by the Contractor or any other person to the Bank not to pay or for any cause withhold or defer payment to the Corporation under these presents, with the intent that notwithstanding the existence of such difference, dispute or instruction, the Bank shall be and remain liable to make payment to the Corporation in terms hereof.

vi) The Bank shall not revoke this undertaking during its currency except with the previous consent

of the Corporation in writing and also agrees that any change in the constitution of the Contractor or the Bank or the Corporation shall not discharge the Bank's liability hereunder.

vii) Without prejudice to any other mode of service, a demand or claim or other communication

may be transmitted by fax. If transmitted by fax, the transmission shall be complete as soon as acknowledged by bank.

viii) Notwithstanding anything contained herein:

(a) The Bank's liability under this guarantee/undertaking shall not exceed (Amount in figures & words) ;

(b) This guarantee/undertaking shall remain in force upto_________________and any

extension(s) thereof; and

(c) The Bank shall be released and discharged from all liability under this guarantee/undertaking unless a written claim or demand is issued to the Bank on or before_________________or the date of expiry of any extension(s) thereof if this guarantee/undertaking has been extended.

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(ix) The Bank doth hereby declare that Shri________________(Name of the person signing on

behalf of the Bank) who is__________________________________(his designation), is authorised to sign this undertaking on behalf of the Bank and to bind the Bank hereby.

Dated this_________________day of __________200_____.

Yours faithfully,

Signature : ______________________________

Name & Designation : ______________________________

Name of the Branch : ______________________________

Dated : ______________________________

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FORM OF BANK GUARANTEE TO COVER LUMPSUM ADVANCE (MOBILISATION)

BG NO:_____________________

DATED :_____________________

VALID UPTO :________________

To, INDIAN STRATEGIC PETROLEUM RESERVES LIMITED ______________________ ______________________ Dear Sirs, WHEREAS Indian Strategic Petroleum Reserves Limited (hereinafter called "the Corporation" which expression shall includes successor and assigns) has awarded to _______________________________(Name & Address of the Contractor) hereinafter called "the Contractor" which expression shall include its successors and assigns) the work of______________________________(Name of the Project/Work) under and in terms of a Contract as evidenced by a Letter of Acceptance No.____________________________ dated__________ issued by the Corporation to the Contractor read with the relevant Tender Documents (hereinafter collectively called "the Contract" which expression shall include any formal contract entered into between the Corporation and the Contractor in supersession of the said Letter of Acceptance and all amendments and/or modifications therein or in the terms of the said advance as herein stipulated) : AND WHEREAS the Corporation has agreed to advance the Contractor, inter-alia, a sum of Rs._________________ (Rupees___________________________________ only) (hereinafter called "the said Advance"), upon the condition, inter-alia, that the said Advance together with interest thereon at the rate of_______ % (_______ percent) per annum on the amount of the said Advance for the time being outstanding shall without prejudice to any other mode of recovery available to the Corporation be recoverable by the Corporation by deduction from the gross accepted amount of any Running Account Bills and the Final Bill of the Contractor commencing from the first Running Account Bill of the Contractor, and meanwhile, the said Advance shall be secured by an undertaking from a Bank as hereinafter appearing. We____________________________ (Name of the Bank), a body registered/constituted under the __________________________________________Act, having Registered Office/Head Office at______________________________ (hereinafter called the "Bank" which expression shall include its successors and assigns), at the request of the Contractor and with the intent to bind the Bank and its successors and assigns, do hereby unconditionally and irrevocably undertake to pay the Corporation at New Delhi forthwith on first demand without protest or demur or proof or satisfaction and without reference to the Contractor, any and all amounts demanded from us by the Corporation with reference to this Undertaking upto an aggregate limit of Rs.______________ (Rupees __________________________________________ only) and interest thereon at the rate hereinabove provided.

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AND the Bank doth hereby further agrees as follows : - i) This Guarantee/Undertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Corporation upon the Bank made up to the midnight of______________provided that the Bank shall upon the written request of the Corporation made upon the Bank at any time within 6 (six) months from the said date extend the validity of the Bank Guarantee by a further 6 (six) months so as to enable claims to be made under this Guarantee by a further 6 (six) months from the said date with the intent that the validity of this Guarantee shall automatically stand extended by a further 6 (six) months upon such request by the Corporation.

ii) The Corporation shall have the fullest liberty without reference to the Bank and without affecting

in any way the liability of the Bank under this guarantee/undertaking, at any time and/or from time to time to amend or vary the contract and/or any of the terms and conditions thereof or relative to the said Advance and/or to extend time for performance of the said contract in whole or part and/or payment of the said Advance in whole or part or to postpone for any time and/or from time to time any of the said obligations of the Contractor and/or the rights, remedies or powers exercisable by the Corporation against the Contractor and either to enforce or forbear from enforcing any of the terms and conditions of or governing the said Contract and/or the said Advance, or the securities, available to the Corporation and the Bank shall not be released from its liability under these Presents and the liability of the Bank shall remain in full force and effect notwithstanding any exercise by the Corporation of the liberty with reference to any or all the matters aforesaid or by reason of time being given to the Contractor or any other forbearance, act or omission on the part of the Corporation or any indulgence by the Corporation to the Contractor or of any other act, matter or thing whatsoever which under any law could (but for this provision) have the effect of releasing the Bank from its liability hereunder or any part thereof and the Bank hereby specifically waives any and all contrary rights whatsoever.

iii) The obligations of the Bank to the Corporation hereunder shall be as principal to principal and

shall be Wholly independent of the Contract and it shall not be necessary for the Corporation to proceed against the Contractor before proceeding against the Bank and the guarantee/undertaking herein contained shall be enforceable against the Bank as Principal debtor notwithstanding the existence of any undertaking or security for any indebtedness of the Contractor to the Corporation (including relative to the said Advance) and notwithstanding that any such undertaking or security shall at the time when claim is made against the bank or proceedings taken against the Bank hereunder, be outstanding or unrealised.

iv) As between the Bank and the Corporation for the purpose of this undertaking, the amount

stated in any claim, demand or notice made by the Corporation on the Bank with reference to this undertaking shall be final and binding upon the Bank as to be the amount payable by the Bank to the Corporation hereunder.

v) The liability of the Bank to the Corporation under this undertaking shall remain in full force and

effect notwithstanding the existence of any difference or dispute between the Contractor and the Corporation, the Contractor and/or the Bank and/or the Bank and the Corporation or otherwise howsoever touching or affecting these presents or the liability of the Contractor to the Corporation, and notwithstanding the existence of any instructions or purported instructions by the Contractor or any other person to the Bank not to pay or for any cause withhold or defer payment to the Corporation under these presents, with the intent that notwithstanding the existence of such difference, dispute or instruction, the Bank shall be and remain liable to make payment to the Corporation in terms hereof.

vi) This undertaking shall not be determined or affected by any change in the constitution of the

Bank or that of the Contractor or the Corporation or any irregularity in the exercise of borrowing powers by or on behalf of the Contractor.

vii) Without prejudice to any other mode of service, a demand or claim or other communication

may be transmitted by the Corporation to the Bank either by post or by fax. If transmitted by fax, the transmission shall be complete as soon as acknowledged by bank.

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viii) Notwithstanding anything contained herein:

(i) The Bank's liability under this guarantee/undertaking shall not exceed ______________________________________________________(Amount in figures & words);

(ii) This guarantee/undertaking shall remain in force upto______________and any

extension(s) thereof; and (iii) The Bank shall be released and discharged from all liability under this

guarantee/undertaking unless a written claim or demand is issued to the Bank on or before_________________or the date of expiry of any extension(s) thereof if this guarantee/undertaking has been extended.

ix) The Bank doth hereby declare that Shri ___________________ who is the ______ (designation) of the Bank is authorised to sign this undertaking on behalf of the Bank and to bind the bank thereby.

Yours faithfully,

Signature :_________________________________________

Name & Designation: ________________________________

Name of the Branch:_________________________________

Dated:____________________________________________

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APPENDIX – I TO GCC

CONTRACTORS' LABOUR REGULATIONS

(Reference : Clause 8.3.10.0 of GCC) 1 These regulations may be called Model Contractors Labour Regulations. 2. Definition : In these regulations, unless otherwise expressed or indicated, the following words

and expressions shall have the meaning hereby assigned to them :

(a) "Labour" means workers employed by a contractor, directly or indirectly through a sub-contractor, or by an agent on his behalf to do any skilled, semi-skilled or unskilled manual, supervisory, technical or clerical work.

(b) "Fair Wage" means wages, which shall in clude wages for weekly day of rest and other

allowances, whether for time or piece work, after taking into consideration prevailing market rates for similar employments in the neighbourhood but shall not be less than the minimum rates of wages fixed under the payment of Minimum Wages Act.

(c) "Wages" shall have the same meaning as defined in the Payment of Wages Act.

(d) "Contractor" for the purpose of these regulations shall include an agent or sub-

contractor employing labour on the work taken on the contract.

(e) "Inspecting Officer" means any Labour Enforcement Officer or Assistant Labour Commissioner of the Chief Labour Commissioner's Organisation.

(f) "Prescribed" means prescribed under the Contract Labour (Regulation and Abolition)

Act, 1970 and Rules framed thereunder. 3. Notice of commencement : The Contractor, shall within SEVEN days of commencement of

the work, furnish in writing, to Inspecting Officer of the area concerned the following information:

(a) Name and Situation of the work.

(b) Contractor's name and address.

(c) Particulars of the Department for which the work is undertaken.

(d) Name and address of sub-contractors as and when they are appointed.

(e) Commencement and probable duration of the work.

(f) Number of workers employed and likely to be employed.

(g) "Fair wages" for different categories of workers.

(i) Number of hours of work to constitute a normal working day : The number of

hours which shall constitute a normal working day for an adult shall be NINE hours. The working day of an adult worker shall be so arranged that it is inclusive of intervals, if any, for rest, it shall not spread over more than twelve hours on any day. When a worker is made to work for more than NINE hours on any day or for more than FORTY EIGHT hours in a week, he shall, in respect of overtime work, be paid wages at double the ordinary rate of wages.

(ii) Weekly day of rest : Every worker shall be given a weekly day of rest which

shall normally be a Sunday unless otherwise fixed and notified at least TEN days in advance. A worker shall not be required or allowed to work on the

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weekly rest day unless he has or will have a substituted rest day, on one of the five days immediately before or after the rest day, provided that no substitution shall be made which will result in the worker working for more than ten days consecutively without a rest day for a whole day.

4 Where, in accordance with the foregoing provisions, a worker works on the rest day and has

been given a substituted rest day, he shall be paid wages for the work done on the weekly rest day at the overtime rate of wages.

(NOTE : The expression "ordinary rate of wages" means the fair wage the worker is entitled to.)

5. Display of notice regarding Wages, Weekly Day of Rest etc. : The contractor shall, before

the commencement of his work on the Contract, display and correctly maintain and continue to display and correctly maintain in a clean and legible condition in conspicuous places on the works, notice in English and in the local Indian language, spoken by majority of workers, giving the rate of fair wages, the hours of work for which such wages are payable, the weekly rest days workers are entitled to and name and address of the Inspecting Officer. The Contractor shall send a copy each of such notices to the Inspecting Officers.

6.1 Fixation of Wage Periods : The Contractor shall fix wage periods in respect of which wages

shall be payable. No wage period shall normally exceed one month. 6.2 Payment of wages :

(i) Wages due to every worker shall be paid to him direct. All wages shall be paid in current coins or currency or in both. The wages shall be paid without deductions of any kind except those specified by Central Government by General Order or Special Order in this behalf or permissible under the Payment of Wages Act.

(ii) Wages of every worker employed as contract labour in an establishment or by

Contractor are less than one thousand, such workers shall be paid within SEVEN days from the end of the Wage period; and before the expiry of the 10th day from the end of the wage period accordingly as the number of workers exceed 1,000.

(iii) When employment of any worker is terminated by or on behalf of the Contractor, the

wages earned by him shall be paid before expiry of the second working day from the date on which his employment is terminated.

(iv) All payment of wages shall be made at the work site on a working day except when the

work is completed before expiry of the wage period, in which case final payment shall be made at the work site within 48 hours of the last working day and during normal time.

(NOTE : The term "working day" means a day on which labour is employed, and the work is in progress)

7. Register for Workmen : A register of workmen shall be maintained in the prescribed form and

kept at the work site or as near to it as possible, and the relevant particulars of every workmen shall be entered therein within THREE days of his employment.

8. Employment Card : The Contractor shall issue an employment card in the Form appended to

these regulations to each worker on the day of work or entry into his employment. If a worker already has any such card with him issued by the previous employer, the Contractor shall merely endorse that Employment Card with relevant entries. The Contractor may, alternatively, issue an attendance-cum- wage slip to each worker in the form appended. This card shall be valid for a wage period. The Contractor shall mark attendance on the cards twice each day and again after the rest interval, before he actually starts the work. On termination of employment, the Employment Card shall again be endorsed by the Contractor, service certificate issued and returned to the Worker.

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9. Register of Wages etc.:

(i) A register of Wages-cum-Muster Roll in the prescribed Form shall be maintained and kept at the work site or as near to it as possible.

(ii) A wage slip in the prescribed Form shall be issued to every worker employed by the

Contractor at least a day prior to disbursement of wages. 10. Fines and deductions which may be made from Wages :

(i) Wages of a worker shall be paid to him without any deduction of any kind except the following:

(a) Fines ;

(b) Deduction for absence from duty, i.e. from the place of his employment he is

required to work. The amount of deductions shall be in proportion to the period for which he was absent ;

(c) Deduction for damage to or loss of goods expressly entrusted to the employed

person for custody, or for loss of money which he is required to account for, where such damage or loss is directly attributable to his neglect or default ;

(d) Deductions for recovery of advances or for adjustment of overpayment of

wages. Advance granted shall be entered in a register ; and (e) Any other deduction which the Corporation may from time to time allow.

(ii) No fines shall be imposed on any worker say in respect of such acts and omissions on his part as have been approved by the Chief Labour Commissioner or Competent Authority.

(iii) No fine shall be imposed on a worker and no deductions for damage or loss shall be

made from his wages until the worker has been given an opportunity of showing cause against such fines or deductions.

(iv) The total amount of fines which may be imposed in any one wage period on a worker

shall not exceed an amount equal to three paise in a rupee of the wages payable to him in respect of that wage period.

(v) No fine imposed on a worker shall be recovered from him in installments, or after expiry

of sixty days from the date on which it was imposed. Every fine shall be deemed to have been imposed on the day of the act or commission in respect of which it was imposed.

(vi) The Contractor shall maintain both in English and the local Indian language, a list

approved by the Chief Labour Commissioner or Competent Authority clearly stating the acts and commissions for which penalty or fine may be imposed on a workman and display it in good condition in a conspicuous place on the work site.

(vii) The Contractor shall maintain a register of fines and the register of deductions for

damage or loss in the prescribed Forms which should be kept at the place of work.

(viii) The Contractor shall display in a conspicuous place of work the list of acts and omissions for which the fines can be imposed. They are as under :

1. Willful insubordination or disobedience, whether alone or in combination with other. 2. Theft, fraud or dishonest in connection with the Contractors beside a business or

property of Corporation. 3. Taking or giving bribes or any illegal gratification.

4. Habitual late attendance. 5. Drunkenness, fighting, riotous or disorderly or indifferent behaviour.

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6. Habitual negligence. 7. Smoking near or around the area where combustible or other materials are

locked. 8. Habitual indiscipline 9. Causing damage to work in the progress or to property of the Corporation or of

the Contractor. 10. Sleeping on duty. 11. Malingering or slowing down work. 12. Giving of false information regarding name, age, father's name etc. 13. Habitual loss of wage cards supplied by the employers. 14. Unauthorised use of employer's property of manufacture or making of

unauthorised articles at the work place. 15. Bad workmanship in construction and maintenance by skilled workers which is

not approved by the Corporation and for which the Contractor is compelled to undertake rectification.

16. Making false complaints and/or misleading statements. 17. Engaging trade within the premises of the establishments. 18. Any unauthorised divulgence of business affairs of the employers. 19. Collection or canvassing for the collection of money within the premises of an

establishment unless authorised by the employer. 20. Holding meeting inside the premises without previous sanction of the

employers. 21. Threatening or intimidating any workmen or employer during the working hours

within the premises. 22. Non-observance of Safety norms/practices applicable to the Worksite.

11. Register of Accidents : The Contractor shall maintain a register of accidents in such form as

may be convenient at the work place but the same shall include the following particulars :

a) Full particulars of the labourers who met with accident. (b) Rate of wages. (c) Sex (d) Age (e) Nature of accident and cause of accident (f) Time and date of accident (g) Date and time when admitted in hospital (h) Date of discharge from the hospital (i) Period of treatment and result of treatment

(j) Percentage of loss of earning capacity and disability as assessed by Medical Officer. (k) Claim required to be paid under Workmen's Compensation Act. (l) Date of payment of compensation (m) Amount paid with details of the person to whom the same was paid. (n) Authority by whom the compensation was assessed (o) Remarks

12. Preservation of Registers : The Register of Workmen and the Register of Wages -cum-

Muster Roll required to be maintained under these Regulation shall be preserved for 3 years after the date on which the last entry is made therein.

13 Enforcement : The Inspecting Officer shall either, on his own motion or on a complaint

received by him, carry out investigations and send a report to the Engineer-in-charge specifying the amounts representing Workers' dues and amount of penalty to be imposed on the Contractor for breach of these Regulations, that have to be recovered from the Contractor, indicating full details of the recoveries proposed and the reasons therefore. It shall be obligatory on the part of the Engineer-in- charge on receipt of such a report to deduct such amounts from payments due to the Contractor.

14 Disposal of amounts recovered from the Contractor : The Engineer-in-charge shall arrange

payment to workers concerned within FORTY FIVE days from receipt of a report from the Inspecting Officer. In cases where there is an appeal, payment of workers dues would be arranged by the Engineer-in-charge wherever such payments arise, within THIRTY days from the date of receipt of the decision of the Regional Labour Commissioner (RLC).

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15. Appeal against decision of Inspecting Officer : Any person aggrieved by a decision of the

Inspecting Officer may appeal against such decision to the RLC concerned within THIRTY days from the date of decision, forwarding simultaneously a copy of his appeal to the Engineer-in-charge. The decision of the RLC shall be final and binding upon the Contractor and the workmen.

16. Representation of parties :

(i) A workman shall be entitled to be represented in any investigation or enquiry under these Regulations by an officer of a registered trade union of which he is a member or by an officer of a Federation of Trade Unions to which the said trade union is affiliated or where the workman is not a member of any registered trade union, by an officer of a registered trade union, connected with, or by any other workman employed in the industry in which the worker is employed.

(ii) A contractor shall be entitled to be represented in any investigation of enquiry under

these Regulations by an officer of an Association of Contractors of which he is a member or by an officer of a Federation of Association of Contractors to which the said association is affiliated or where the Contractor is not a member of any Association of Contractors, by an officer of association of employers, connected with, or by any other employer engaged in the industry in which the Contractor is engaged.

(iii) No party shall be entitled to be represented by a legal practitioner in any investigation

or enquiry under these Regulations. 17. Maternity benefits for female employees : The Contractor shall extend the leave, pay and

other benefits as admissible to the female employees. No maternity benefits shall be admissible to a female worker unless she has been employed for a total period of not less than 6 months immediately proceeding the date on which she proceeds on leave The Contractor shall maintain a register of maternity benefits in prescribed form, and shall be kept in all places of work.

18. Inspection of Books and other documents : The Contractor shall allow inspection of the

Registers and other documents prescribed under these Regulations by Inspecting Officers and the Engineer-in- Charge or his authorised representative at any time and by the worker or his agent on receipt of due notice at the convenient time.

19. Submission of Returns : The Contractor shall submit periodical returns as may be specified

from time to time. 20. Amendments : The Corporation may, from time to time, add to or amend these Regulations,

and issue such directions as it may consider necessary for the proper implementation of these Regulations or for the purpose of removing any difficulty which may arise in the administration thereof.

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APPENDIX – II TO GCC

MODEL RULES FOR LABOUR WELFARE (Refer : Clause 8.3.10.0 of GCC)

1. Definitions

(a) "Workplace" means a place at which, on an average, twenty or more workers are employed on any day during which the Contract work is in progress.

(b) "Large Workplace" means a place at which, on an average 500 or more workers are

employed. 2. First Aid

(i) At every workplace, there shall be provided and maintained in a readily accessible place First Aid appliances including an adequate supply of sterilized dressings and sterilized cotton wool as prescribed in the Factory Rules of the State in which the work is carried on. The appliances shall be kept in good order and in large work places, they shall be placed under the charge of a responsible person who shall be trained in First Aid treatment and who shall also be readily available during working hours. The First Aid boxes at the rate of not less than one box for 150 contract labour or part thereof shall be ordinarily employed. Adequate arrangement shall be made for immediate recoupment of items/equipment when necessary.

(ii) At large work places, where hospital facilities are not available within easy distance of

the Works, First Aid posts shall be established and be run by a trained compounder.

Where large work places are remotely situated far away from regular hospitals, an indoor ward shall be provided with one bed for every 250 employees.

Where large work places are situated in cities, towns or in their suburbs and no beds are considered necessary owing to proximity of city or town hospitals, suitable transport shall be provided to facilitate removal of urgent cases to these hospitals. At other workplaces, some conveyance shall be kept readily available to take injured person or persons suddenly taken seriously ill to the nearest hospital.

At large work places, there shall be provided and maintained an ambulance room of the prescribed sizes, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed. For this purpose, the relevant provisions of the Factory Rules of the State Government area where the work is carried on may be taken as the prescribed standard.

3. Accommodation for labour : The Contractor shall during the progress of the Works, provide,

erect and maintain necessary temporary living accommodation and ancillary facilities for labour at his own expense and to standard and scales as approved by the Engineer-in-charge. However, following specifications shall be followed :

(a) (i) The minimum height of each hut at the eaves level shall be 2.10m (7ft) and the floor area to be provided will be at the rate of 2.7 sq.m (30sq.ft.) for each member of the worker's family staying with the labourer.

(ii) The Contractor shall in addition construct suitable cooking places having a

minimum area of 1.80m X 1.50m (6' x 5') adjacent to the hut for each family.

(iii) The Contractor shall also construct temporary latrines and urinals for the use of the labourers, each on the scale of not less than four per each one hundred of the total strength. Separate latrines and urinals shall be provided for women.

(iv) The Contractor shall construct sufficient number of bathing and washing

places, one unit for every 25 persons residing in the camp. These washing and bathing places shall be suitably screened.

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(b) (i) All the huts shall have walls of sun-dried or burnt-bricks laid in mud

mortar or other suitable local material as may be approved by the Engineer-in-Charge. In case of sun-dried bricks, the walls should be plastered with mud gobri on both sides. The floor may be katcha, but plastered with mud gobri and shall be at least 15cm. (6") above the surrounding ground. The roofs shall be laid with thatch or any other materials as may be approved by the Engineer-in-Charge and the Contractor shall ensure that throughout the period of their occupation, the roofs remain water-tight.

(ii) The Contractor shall provide each hut with proper ventilation.

(iii) All doors, windows and ventilators shall be provided with suitable leaves for security purposes.

(iv) There shall be kept an open space at least 7.2m (8 yards) between the rows of

huts which may be reduced to 6m (20ft) according to the availability of site with the approval of the Engineer-in-charge. Back to back construction will be allowed.

4. Drinking Water : In every workplace, there shall be provided and maintained at suitable

places, easily accessible to labour, a sufficient supply of cold water fit for drinking.

Where drinking water is obtained from an intermittent public water supply, each workplace shall be provided with storage where drinking water should be stored.

Every water supply storage shall be at a distance of not less than 15 meters from any latrine, drain or other source of pollution. Where water has to be drawn from an existing well, which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn for drinking. All such wells shall be entirely closed in and be provided with a trap door which shall be dust and water proof.

A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and opened only for cleaning or inspection which shall be done at least once a month.

5. Washing and Bathing Places : Adequate washing and bathing places shall be provided

separately for men and women. Such places shall be kept in clean and drained conditions. 6. Scale of accommodation in latrines and urinals : There shall be provided within the

precincts of every workplace, latrines and urinals in an accessible place and the accommodation separately for each of these, shall not be less than at the following scales:

No. of seats

(a) Where number of persons does not exceed -50 - 2

(b) Where number of persons exceeds 50 but does not exceed 100 - 3 (c) For additional persons (per 100 or part thereof) - 3

In particular cases, the Engineer-in-Charge shall have the power to increase the requirement, where necessary.

7. Latrines and Urinals : Except in workplaces provided with water-flushed latrines connected

with a water-borne sewage systems, all latrines shall be provided with receptacies on dry earth system which shall be cleaned at least four times daily and at least twice during working hours and kept in strictly sanitary condition. Receptacies shall be tarred inside and outside at least once a year. If women are employed, separate latrine and urinals screened from those for men and marked in the vernacular in conspicuous letters "For Women Only" shall be provided on the scale laid down in Rule 6. Those for men shall be similarly marked "For Men Only". A poster showing the figure of a man and a woman shall also be exhibited at the entrance to latrines for each sex. There shall be adequate supply of water close to latrines and urinals.

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8. Construction of latrines : Inside walls shall be constructed of masonry or other non-absorbent materials and shall be cement-washed inside and outside at least once a year. The dates of cement washing shall be noted in a register maintained for the purpose and kept available for inspection. Latrines shall have at least thatched roof.

9. Disposal of excreta : Unless otherwise arranged for by the local municipal authority,

arrangement for proper disposal of excreta by incineration at the workplace shall be made by means of a suitable incinerator approved by the local medical, health and medical or cantonment authorities. Alternatively, excreta may be disposed off by putting a layer of night soils at the bottom of pucca tank prepared for the purpose and covering it with a 15 c.m. Layer of waste or refuse and then covering it with a layer of earth for a fortnight (when it will turn into manure) The Contractor shall, at his own expense, carry out all instructions issued to him by the Engineer-in-charge to effect proper disposal of soil and other conservancy work in respect of Contractor's work people or employees at the site. The Contractor shall be responsible for payment of any charges which may be levied by municipal or cantonment authority for execution of such work on his behalf.

10. Provision of shelters during rest : At every workplace shall be provided, free of cost, four

suitable sheds, two for meals and two others for rest, separately for use of men and women labour. Height of each shelter shall not be less than 3 meters from the floor level to lowest part of roof. Sheds shall be kept clean and the space provided shall be on the basis of at least 0.5 sq.m per head.

11. Creches : At a place at which 20 or more women workers are ordinarily employed, there shall

be provided at least one hut for use of children under the age of 6 years belonging to such women. Huts shall not be constructed to a standard lower than that of thatched roof, mud floor and wall with wooden planks spread over mud floor and covered with matting.

Huts shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweepers to keep the places clean. There shall be two dais in attendance. Sanitary utensils shall be provided to the satisfaction of local medical, health and municipal or cantonment authorities. Use of huts shall be restricted to children, their attendants and mothers of children.

Where the number of women workers is more than 25 but less than 50, the Contractor shall provide at least one hut and one Dai to look after the children of women workers.

Size of creche(s) shall vary according to the number of women workers employed.

Creche(s) shall be properly maintained and necessary equipment like toys etc. provided.

12. Canteen : A cooked food canteen on a moderate scale shall be provided for the benefit of

workers wherever it is considered necessary. 13. Planning, setting and erection of the above mentioned structures shall be approved by the

Engineer-in- charge and the whole of such temporary accommodation shall at all times during the progress of the works be kept tidy and in a clean and sanitary condition as per requirements of the local bodies and to the satisfaction of the Engineer-in-charge and at the Contractor's expense. The Contractor shall conform generally to sanitary requirements of local medical, health and municipal or cantonment authorities and at all time adopt such precautions as may be necessary to prevent soil pollution of the site.

On completion of the Work, the whole of such temporary structures shall be cleared away, all rubbish burnt, excreta or other disposal pits or trenches filled in and effectively sealed off and the whole of site left clean and tidy to the entire satisfaction of the Engineer-in-Charge and at the Contractor's expense.

14. Anti-malarial precautions :The Contractor shall, at his own expense, conform to all anti-

malarial instructions given to him by the Engineer-in-Charge, including filling up any burrow pits which may have been dug by him.

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15. Enforcement : The Inspecting Officer mentioned in the Contractors' Labour Regulations or any other officer nominated in his behalf by the Engineer-in-charge shall report to the Engineer-in-charge all cases of failure on the part of the Contractor and or his sub-contractors to comply with the provisions of these Rules either wholly or in part and the Engineer-in-charge shall impose such fines and other penalties as are prescribed in the conditions.

16. Interpretations etc : On any question as to the application, interpretation of effect of these

Rules, the decision of the Chief Labour Commissioner or Deputy Chief Labour Commissioner (Central) shall be final and binding.

17. Amendments : Government/Corporation may, from time to time, add to or amend these rules

and issue such directions as it may consider necessary for the proper implementation of these Rules or for the purpose of removing any difficulty which may arise in the administration thereof.

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APPENDIX –III TO GCC

SAFETY PRACTICE DURING CONSTRUCTION

(Refer Clause 10.0.2.0 of GCC)

CONTENTS SECTION DESCRIPTION

1.0 INTRODUCTION

2.0 SCOPE

3.0 DEFINITIONS

4.0 GENERAL DUTIES

4.1 GENERAL DUTIES OF EXECUTION AGENCIES

4.2 GENERAL DUTIES OF OWNERS

5.0 SAFETY PRACTICES AT WORK PLACES

5.1 GENERAL PROVISIONS

5.2 MEANS OF ACCESS AND EGRESS

5.3 HOUSEKEEPING

5.4 PRECAUTIONS AGAINST THE FALL OF MATERIALS AND PERSONS AND COLLAPSE OF STRUCTURES

5.5 PREVENTION OF UNAUTHORISED ENTRY

5.6 FIRE PREVENTION AND FIRE FIGHTING

5.7 LIGHTING

5.8 PLANT, MACHINERY, EQUIPMENT AND HAND TOOLS

6.0 CONSTRUCTION ACTIVITIES

6.1 EXCAVATION

6.2 SCAFFOLDING, PLATFORMS & LADDERS

6.3 STRUCTURAL WORK, LAYING OF REINFORCEMENT & CONCRETING

6.4 ROAD WORK

6.5 CUTTING/WELDING

6.6 WORKING IN CONFINED SPACES

6.7 PROOF/PRESSURE TESTING

6.8 WORKING AT HEIGHTS

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SECTION DESCRIPTION

6.9 HANDLING AND LIFTING EQUIPMENT

6.10 VEHICLE MOVEMENT

6.11 ELECTRICAL

6.12 OFFSHORE

6.13 DEMOLITION

6.14 RADIOGRAPHY

6.15 SAND/SHOT BLASTING/SPRAY PAINTING

6.16 WORK ABOVE WATER

7.0 ADDITIONAL SAFETY PRECAUTION FOR UNITS WITH HYDROCARBONS

8.0 FIRST

9.0 DOCUMENTATION

10.0 SAFETY AWARENESS & TRAINING

11.0 REFERENCES

ANNEXURE I

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SAFETY PRACTICES DURING CONSTRUCTION 1.0 INTRODUCTION

Safety in Construction Management deserves utmost attention especially in the hydrocarbon industry, such as Exploration, Pipelines and Marketing installations, Gas Processing units etc. Construction is widely recognised as one of the accident prone activities. Most of the accidents are caused by inadequate planning, failure during the construction process and/or because of design deficiencies. Besides property loss, accidents also result in injuries and fatalities to the personnel; same needs to be prevented.

The reasons for accidents during construction activities are related to unique nature of the industry, human behaviour, difficult work-site conditions, extended odd duty hours, lack of training & awareness and inadequate safety management. Unsafe working methods, equipment failure and improper housekeeping also tend to increase the accident rate in construction.

Ensuring good quality of materials, equipment and competent supervision along with compliance of standard engineering practices shall go a long way to in built safety in the system.

The objective of this standard is to provide practical guidance on technical and educational framework for safety and health in construction with a view to:

(a) prevent accidents and harmful effects on the health of workers arising from

employment in construction;

(b) ensure appropriate safety during implementation of construction;

(c) provide safety practice guidelines for appropriate measures of planning, control and enforcement.

2.0 SCOPE

This document specifies broad guidelines on safe practices to be adhered to during construction activities in oil industry. However, before commencing any job, specific hazards and its effects should be assessed and necessary corrective/preventive actions should be taken by all concerned. The document is intended only to supplement and not to replace or supersede the prevailing statutory requirements, which shall also be followed as applicable. For Personal Protective Equipment (PPE's), OISD-STD-155 (Part I&II) shall be referred to. The scope of this document does not include the design aspects and quality checks during construction.

3.0 DEFINITIONS

Definitions of various terminology are given below: ·

• Adequate, appropriate or suitable are used to describe qualitatively or quantitatively the means or method used to protect the worker.

• Brace : A structural member that holds one point in a fixed position with respect to another

point; bracing is a system of structural members designed to prevent distortion of a structure.

• By hand: The work is done without the help of a mechanised tool. • Competent Authority : A stautory agency having the power to issue regulations, orders or

other instructions having the force of law.

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• Competent person : A person possessing adequate qualifications, such as suitable training and sufficient knowledge, experience and skill for the safe performance of the specific work. The competent authorities may define appropriate criteria for the designation of such persons and may determine the duties to be assigned to them.

· • Execution agency: Any physical or legal person, having contractual obligation with the owner, and who

employs one or more workers on a construction site • Owner: Any physical or legal person for whom construction job is carried out. It shall also include owner's designated representative/consultant/nominee/agent,

authorised from time to time to act for and on its behalf, for supervising/ coordinating the activities of the execution agency.

• Hazard: Danger or potential danger. • Guard-rail: An adequately secured rail erected along an exposed edge to prevent persons

from falling. • Hoist: A machine, which lifts materials or persons by means of a platform, which runs on

guides. • Lifting gear: Any gear or tackle by means of which a load can be attached to a lifting

appliance but which does not form an integral part of the appliance or load. • Lifting appliance: Any stationary or mobile appliance used for raising or lowering persons

or loads. • Means of access or egress: Passageways, corridors, stairs, platforms, ladders and any

other means for entering or leaving the workplace or for escaping in case of danger. • Scaffold: Any fixed, suspended or mobile temporary structure supporting workers and

material or to gain access to any such structure and which is not a lifting appliance as defined above.

• Toe-board: A barrier placed along the edge of a scaffold platform, runway, etc., and

secured there to guard against the slipping of persons or the falling of material. • Worker: Any person engaged in construction activity. · • Workplace: All places where workers need to be or to go by reason of their work.

4.0 GENERAL DUTIES 4.1 GENERAL DUTIES OF EXECUTION AGENCIES 4.1.1 Execution agency should:

i) provide means and organisation to comply with the safety and health measures required at the workplace.

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ii) provide and maintain workplaces, plant, equipment, tools and machinery and organise construction work so that, there is no risk of accident or injury to health of workers. In particular, construction work should be planned, prepared and undertaken so that:

(a) dangers, liable to arise at the workplace, are prevented;

(b) excessively or unnecessarily strenuous work positions and movements are avoided;

(c) organisation of work takes into account the safety and health of workers;

(d) materials and products used are suitable from a safety and health point of view;

(e) working methods are adopted to safeguard workers against the harmful effects of

chemical, physical and biological agents.

iii) establish committees with representatives of workers and management or make other arrangement for the participation of workers in ensuring safe working conditions.

iv) arrange for periodic safety inspections by competent persons of all buildings, plant,

equipment, tools, machinery, workplaces and review of systems of work, regulations, standards or codes of practice. The competent person should examine and ascertain the safety of construction machinery and equipment.

v) provide such supervision to ensure that workers perform their work with due regard to

safety and health of theirs as well as that of others. vi) Employ only those workers who are qualified, trained and suited by their age, physique,

state of health and skill. vii) satisfy themselves that all workers are informed and instructed in the hazards connected

with their work and environment and trained in the precautions necessary to avoid accidents and injury to health.

viii) Ensure that buildings, plant, equipment, tools, machinery or workplaces in which a

dangerous defect has been found should not be used until the defect has been rectified. ix) Organise for and remain always prepared to take immediate steps to stop the operation

and evacuate workers as appropriate, where there is an imminent danger to the safety of workers.

x) establish a checking system by which it can be ascertained that all the members of a shift,

including operators of mobile equipment, have returned to the camp or base at the close of work on dispersed sites and where small groups of workers operate in isolation.

xi) provide appropriate first aid, training and welfare facilities to workers as per various statutes

like the Factories Act, 1948 etc. and, whenever collective measures are not feasible or are insufficient, provide and maintain personal protective equipment and clothing in line with the requirement as per OISD-STD-155 (Vol. I& II) on Personnel Protective Equipment. They should also provide access to workers to occupational health services.

xii) Educate workers about their right and the duty at any workplace to participate in ensuring

safe working conditions to the extent of their control over the equipment and methods of work and to express views on working procedures adopted as may affect safety and health.

xiii) Ensure that except in an emergency, workers, unless duly authorised, should not interfere

with, remove, alter or displace any safety device or other appliance furnished for their protection or the protection of others, or interfere with any method or process adopted with a view to avoiding accidents and injury to health.

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xiv) Ensure that workers do not operate or interfere with plant and equipment that they have not been duly authorised to operate, maintain or use.

xv) Ensure that workers do not sleep, rest or cook etc in dangerous places such as scaffolds,

railway tracks, garages, confined spaces or in the vicinity of fires, dangerous or toxic substances, running machines or vehicles and heavy equipment etc.

xvi) Obtain the necessary clearance/permits as required and specified by owner xvii) As per the Govt. circular as amended from time to time all contractors who employ more

than 50 workers or where the contract value exceeds Rs. 50 crores, the following facilities are to be provided by contractor at site :

Arrangement for drinking water

Toilet facilities

A creche where 10 or more women workers are having children below the age of 6 years

Transport arrangement for attending to emergencies

xviii) should deploy a safety officer at site

4.2 GENERAL DUTIES OF OWNERS 4.2.1 Owners should:

i) co-ordinate or nominate a competent person to co-ordinate all activities relating to safety and health on their construction projects;

ii) inform all contractors on the project of special risks to health and safety; iii) Ensure that executing agency is aware of the owner's requirements and the executing

agency's responsibilities with respect to safetry practices before starting the job. 5.0 SAFETY PRACTICES AT WORK PLACES 5.1 GENERAL PROVISIONS 5.1.1 All openings and other areas likely to pose danger to workers should be clearly indicated. 5.1.2 Workers & Supervisors should use the safety helmet and other requisite Personal Protective

Equipment according to job & site requirement. They should be trained to use personal protective equipment.

5.1.3 Never use solvents, alkalis and other oils to clean the skin. 5.1.4 Lift the load with back straight and knees bent as far as possible. Seek the help in case of

heavy load. 5.1.5 Ensure the usage of correct and tested tools and tackles. Don't allow the make shift tools and

tackles. 5.1.6 No loose clothing should be allowed while working near rotating equipment or working at

heights. 5.2 MEANS OF ACCESS AND EGRESS

Adequate and safe means of access (atleast two, differently located) to and egress from all work places should be provided. Same should be displayed and maintained.

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5.3 HOUSEKEEPING 5.3.1 Ensure: i) proper storage of materials and equipment;

ii) removal of scrap, inflammable material, waste and debris at appropriate intervals. 5.3.2 Removal of loose materials, which are not required for use, to be ensured. Accumulation of

these at the site can obstruct means of access to and egress from workplaces and passageways.

5.3.3 Workplaces and passageways, that are slippery owing to oil, grease or other causes, should be cleaned up or strewn with sand, sawdust, ash etc. 5.4 PRECAUTIONS AGAINST THE FALL OF MATERIALS & PERSONS AND COLLAPSE OF STRUCTURES 5.4.1 Precautions should be taken such as the provision of fencing, look-out men or barriers to

protect any person against injury by the fall of materials, or tools or equipment being raised or lowered.

5.4.2 Where necessary to prevent danger, guys, stays or supports should be used or other effective

precautions should be taken to prevent the collapse of structures or parts of structures that are being erected, maintained, repaired, dismantled or demolished.

5.4.3 All openings through which workers are liable to fall should be kept effectively covered or

fenced and displayed prominently. 5.4.4 As far as practicable, guardrails and toe-boards should be provided to protect workers from

falling from elevated workplaces. 5.5 PREVENTION OF UNAUTHORISED ENTRY 5.5.1 Construction sites located in built-up areas and alongside vehicular and pedestrian traffic

routes should be fenced to prevent the entry of unauthorised persons. 5.5.2 Visitors should not be allowed access to construction sites unless accompanied by or

authorised by a competent person and provided with the appropriate protective equipment. 5.6 FIRE PREVENTION AND FIRE FIGHTING 5.6.1 All necessary measures should be taken by the executing agency and owner to:

i) avoid the risk of fire;

ii) control quickly and efficiently any outbreak of fire;

iii) bring out a quick and safe evacuation of persons.

iv) Inform unit/fire station control room, where construction work is carried out within existing operating area.

5.6.2 Combustible materials such as packing materials, sawdust, greasy/oily waste and scrap wood

or plastics should not be allowed to accumulate in workplaces but should be kept in closed metal containers in a safe place.

5.6.3 Places where workers are employed should, if necessary to prevent the danger of fire, be

provided with:

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i) suitable and sufficient fire-extinguishing equipment, which should be easily visible and accessible;

ii) an adequate water supply at sufficient pressure meeting the requirements of various OISD

standards. 5.6.4 To guard against danger at places having combustible material, workers should be trained in

the action to be taken in the event of fire, including the use of means of escape. 5.6.5 At sites having combustible material, suitable visual signs should be provided to indicate clearly

the direction of escape in case of fire. 5.6.6 Means of escape should be kept clear at all times. Escape routes should be frequently

inspected particularly in high structures and where access is restricted. 5.7 LIGHTING 5.7.1 Where natural lighting is not adequate, working light fittings or portable hand-lamps should be

provided at workplace on the construction site where a worker will do a job. 5.7.2 Emergency lighting should be provided for personnel safety during night time to facilitate

standby lighting source, if normal system fails. 5.7.2 Artificial lighting should not produce glare or disturbing shadows. 5.7.3 Lamps should be protected by guards against accidental breakage. 5.7.4 The cables of portable electrical lighting equipment should be of adequate size &

characteristics for the power requirements and of adequate mechanical strength to withstand severe conditions in construction operations.

5.8 PLANT, MACHINERY, EQUIPMENT AND HAND TOOLS 5.8.1 General Provisions

i) Plant, machinery and equipment including hand tools, both manual and power driven, should:

a) be of proper design and construction, taking into account health, Safety and

ergonomic principles. b) be maintained in good working order; c) be used only for work for which they have been designed. d) be operated only by workers who have been authorised and given appropriate

training. e) be provided with protective guards, shields or other devices as required.

ii) Adequate instructions for safe use should be provided.

iii) Safe operating procedures should be established and used for all plant, machinery and

equipment.

iv) Operators of plant, machinery and equipment should not be distracted while work is in progress.

v) Plant, machinery and equipment should be switched off when not in use and isolated before any adjustment, clearing or maintenance is done.

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vi) Where trailing cables or hose pipes are used they should be kept as short as practicable and not allowed to create a hazard.

vii) All moving parts of machinery and equipment should be enclosed or adequately

guarded.

viii) Every power-driven machine and equipment should be provided with adequate means, immediately accessible and readily identifiable to the operator, of stopping it quickly and preventing it from being started again inadvertently.

ix) Operators of plant, machinery, equipment and tools should be provided with PPEs,

including where necessary, suitable ear protection. 5.8.2 Hand tools

i) Hand tools should be repaired by competent persons.

ii) Heads of hammers and other shock tools should be dressed or ground to a suitable radius on the edge as soon as they begin to mushroom or crack.

iii) When not in use and while being carried or transported sharp tools should be kept in

sheaths, shields, chests or other suitable containers.

iv) Only insulated or nonconducting tools should be used on or near live electrical installations.

v) Only non-sparking tools should be used near or in the presence of flammable or

explosive dusts or vapours. 5.8.3 Pneumatic Tools

i) Operating triggers on portable pneumatic tools should be:

a) so placed as to minimise the risk of accidental starting of the machine.

b) so arranged as to close the air inlet valve automatically when the pressure of the operator's hand is removed.

ii) Hose and hose connections for compressed air supply to portable pneumatic tools

should be:

a) designed and tested for the pressure and service for which they are intended;

b) fastened securely on the pipe outlet and equipped with the safety chain, as appropriate.

iii) Pneumatic shock tools should be equipped with safety clips or retainers to prevent dies

and tools from being accidentally expelled from the barrel.

iv) Pneumatic tools should be disconnected from power and the pressure in hose lines released before any adjustment or repair is made.

5.8.4 Electrical Tools

i) Low voltage portable electrical tools should generally be used.

ii) All electrical tools should be earthed, unless they are "all insulated" or "double insulated" tools which do not require earthing.

iii) All electrical tools should get inspected and maintained on a regular basis by a

competent electrician and complete records kept.

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5.8.5 Engines

i) Engines should:

a) be installed so that they can be started safely and the maximum safe speed cannot be exceeded.

b) have controls for limiting speed.

c) have devices to stop them from a safe place in an emergency.

ii) IC engines should not be run in confined spaces unless adequate exhaust ventilation is

provided. iii) When IC engines are being fuelled:

a) the engine should be shut off.

b) care should be taken to avoid spilling fuel;

c) no person should smoke or have an naked light in the vicinity.

d) a fire extinguisher should be kept readily available.

iv) Secondary fuel reservoir should be placed outside the engine room. 6.0 CONSTRUCTION ACTIVITIES The various common activities in construction are as under:

· Excavation

· Scaffolding, Platforms & Ladders · Structural Work, Laying of Reinforcement & Concreting · Road Work (Laying of roads)

· Cutting /Welding

· Working in Confined Space · Proof/Pressure Testing · Working at Heights · Handling & Lifting Equipments · Vehicle Movement · Electrical · Offshore · Demolition · Radiography · Sand/shot blasting/ spray painting

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· Work above water

The safe practices to be followed during the implementation of above construction activities are given below:

6.1 EXCAVATION 6.1.1 All excavation work should be planned and the method of excavation and the type of support

work required should be decided considering the following:

i) the stability of the ground; ii) the excavation will not affect adjoining buildings, structures or roadways; iii) to prevent hazard, the gas, water, electrical and other public utilities should be shut off

or presence of underground pipes, cable conductors, etc.,

iv) the position of culvert/bridges, temporary roads and spoil heaps should be determined; 6.1.2 Before digging begins on site, all excavation work should be planned and the method of

excavation and the type of support work required decided. 6.1.3 All excavation work should be supervised. 6.1.4 Sites of excavations should be thoroughly inspected:

i) daily, prior to each shift and after interruption in work of more than one day; ii) after every blasting operation; iii) after an unexpected fall of ground;

iv) after substantial damage to supports;

iv) after a heavy rain, frost or snow;

vi) when boulder formations are encountered. 6.1.5 Safe angle of repose while excavating trenches exceeding 1.5m depth upto 3.0m should be

maintained. Based on site conditions, provide proper slope, usually 450, and suitable bench of 0.5m width at every 1.5m depth of excavation in all soils except hard rock or provide proper shoring and strutting to prevent cave-in or slides.

6.1.6 As far as possible, excavated earth should not be placed within one meter of the edge of the

trench or depth of trench whichever is greater. 6.1.7 Don't allow vehicles to operate too close to excavated area. Maintain at least 2m distance from

edge of excavation. No load, plant or equipment should be placed or moved near the edge of any excavation where it is likely to cause its collapse and thereby endanger any person unless precautions such as the provision of shoring or piling are taken to prevent the sides from collapsing.

6.1.8 Adequately anchored stop blocks and barriers should be provided to prevent vehicles being

driven into the excavation. Heavy vehicles should not be allowed near the excavation unless the support work has been specially designed to permit it.

6.1.9 If an excavation is likely to affect the security of a structure on which persons are working,

precautions should be taken to protect the structure from collapse. 6.1.10 Barricade at 1m height (with red & white band/self glowing caution board) should be provided

for excavations beyond 1.5m depth. Provide two entries/exits for such excavation.

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6.1.11 Necessary precautions should be taken for underground utility lines like cables; sewers etc. and necessary approvals/clearances from the concerned authorities shall be obtained before commencement of the excavation job. 6.1.12 Water shall be pumped/bailed out, if any accumulates in the trench. Necessary precautions

should be taken to prevent entry of surface water in trenches. 6.1.13 During rains, the soil becomes loose. Take additional precaution against collapse of side wall. 6.1.14 In hazardous areas, air should be tested to ascertain its quality. No one should be allowed

entry till it is suitable for breathing. 6.1.15 In case of mechanised excavation, precaution shall be taken to not to allow anybody to come

within one meter of extreme reach of the mechanical shovel. The mechanised excavator shall be operated by a well-trained experienced operator. When not in operation, the machine shall be kept on firm leveled ground with mechanical shovel resting on ground. Wheel or belt shall be suitably jammed to prevent any accidental movement of the machine. Suitable precautions as per manufacturer guidelines should be taken for dozers, graders and other heavy machines.

6.1.16 In case of blasting, follow strictly IS:4081-1986 & Indian Explosive Act and rules for storage,

handling and carrying of explosive materials and execution of blasting operation. 6.2 SCAFFOLDING, PLATFORMS & LADDERS 6.2.1 Metal as material of construction

i) A scaffold should be provided and maintained or other equally safe and suitable provision should be made where work cannot safely be done on or from the ground or from part of a building or other permanent structure.

ii) Scaffolds should be provided with safe means of access, such as stairs, ladders or

ramps. Ladders should be secured against inadvertent movement.

iii) Every scaffold should be constructed, erected and maintained so as to prevent collapse or accidental displacement when in use.

iv) Every scaffold and part thereof should be constructed:

(a) in such a way so as not to cause hazards for workers during erection and dismantling;

(b) in such a way so as guard rails and other protective devices, platforms,

ladders, stairs or ramps can be easily put together; (c) with sound material and of requisite size and strength for the purpose for which

it is to be used and maintained in a proper condition.

v) Boards and planks used for scaffolds should be protected against splitting. vi) Materials used in the construction of scaffolds should be stored under good conditions

and apart from any material unsuitable for scaffolds.

vii) Couplers should not cause deformation in tubes. Couplers should be made of drop forged steel or equivalent material.

viii) Tubes should be free from cracks, splits and excessive corrosion and be straight to the

eye, and tube ends cut cleanly square with the tube axis. ix) Scaffolds should be designed for their maximum load as per relevant code.

x) Scaffolds should be adequately braced.

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xi) Scaffolds which are not designed to be independent should be rigidly connected to the building at designated vertical and horizontal places.

xii) A scaffold should never extend above the highest anchorage to an extent which might

endanger its stability and strength.

xiii) Loose bricks, drainpipes, chimney-pots or other unsuitable material should not be used for the construction or support of any part of a scaffold.

xiv) Scaffolds should be inspected and certified: (a) before being taken into use; (b) at periodic intervals thereafter as prescribed for different types of scaffolds;

(c) after any alteration, interruption in use, exposure to weather or seismic conditions or any other occurrence likely to have affected their strength or stability.

xv) Inspection should more particularly ascertain that: (a) the scaffold is of suitable type and adequate for the job; (b) materials used in its construction are sound and of sufficient strength; (c) it is of sound construction and stable; (d) that the required safeguards are in position.

xvi) A scaffold should not be erected, substantially altered or dismantled except by or under the supervision.

xvii) Every scaffold should be maintained in good and proper condition, and every part

should be kept fixed or secured so that no part can be displaced in consequence of normal use.

xviii) If out-rigger scaffolding is to be used, it should be specifically designed and inspected

before putting in use. 6.2.2 Lifting appliances on scaffolds i) When a lifting appliance is to be used on a scaffold:

(a) the parts of the scaffold should be carefully inspected to determine the additional strengthening and other safety measures required;

(b) any movement of the scaffold members should be prevented; (c) if practicable, the uprights should be rigidly connected to a solid part of the

building at the place where the lifting appliance is erected. 6.2.3 Prefabricated scaffolds

i) In the case of prefabricated scaffold systems, the instructions provided by the manufacturers or suppliers should be strictly adhered to. Prefabricated scaffolds should have adequate arrangements for fixing bracing.

ii) Frames of different types should not be intermingled in a single scaffold. iii) Scaffolding shall be erected on firm and level ground.

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iv) All members of metal scaffolding shall be checked periodically to screen out defective/ rusted members. All joints should be properly lubricated for easy tightening.

v) Entry to scaffolding should be restricted. vi) Erection, alteration and removal shall be done under supervision of experienced

personnel.

vii) Use of barrels, boxes, loose bricks etc., for supporting platform shall not be permitted. viii) Each supporting member of platform shall be securely fastened and braced ix) Where planks are butt-joined, two parallel putlogs shall be used, not more than

100mm apart, to give support to each plank.

x) Platform plank shall not project beyond its end support to a distance exceeding 4 times the thickness of plank, unless it is effectively secured to prevent tipping. Cantilever planks should be avoided.

xi) The platform edges shall be provided with 150mm high toe board to eliminate hazards

of tools or other objects falling from platform. xii) Erect ladders in the "four up-one out position"

xiii) Lash ladder securely with the structure.

xiv) Using non-slip devices, such as, rubber shoes or pointed steel ferules at the ladder foot, rubber wheels at ladder top, fixing wooden battens, cleats etc.

xv) When ladder is used for climbing over a platform, the ladder must be of sufficient

length, to extend at least one meter above the platform, when erected against the platform in “four up-one out position."

xvi) Portable ladders shall be used for heights not more than 4mt. Above 4mt flights, fixed

ladders shall be provided with at least 600 mm landings at every 6mt or less. xvii) The width of ladder shall not be less than 300mm and rungs shall be spaced not more

than 300mm.

xviii) Every platform and means of access shall be kept free from obstruction.

xix) If grease, mud, gravel, mortar etc., fall on platform or scaffolds, these shall be removed immediately to avoid slippage.

xx) Workers shall not be allowed to work on scaffolds during storms or high wind. After heavy rain or storms, scaffolds shall be inspected before reuse.

xxi) Don't overload the scaffolding. Remove excess material and scrap immediately. xxii) Dismantling of scaffolds shall be done in a pre-planned sequential manner. 6.2.4 Suspended scaffolds/boatwain's chair

i) In addition to the requirements for scaffolds in general as regards soundness, stability and protection against the risk of falls, suspended scaffolds should meet the following specific requirements.

(a) platforms should be designed and built with dimensions that are compatible

with the stability of the structure as a whole, especially the length;

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(b) the number or anchorage should be compatible with the dimensions of the platform;

(c) the safety of workers should be safeguarded by an extra rope having a point

of attachment independent of the anchorage arrangements of the scaffold; (d) the anchorage and other elements of support of the scaffold should be

designed and built in such a way as to ensure sufficient strength; (e) the ropes, winches, pulleys or pulley blocks should be designed, assembled,

used and maintained according to the requirements established for lifting gear adapted to the lifting of persons according to national laws and regulations;

(f) Before use, the whole structure should be checked by a competent person. 6.2.5 Bamboo Scaffolding

i) In general, it should be avoided as far as possible. It should not be used in the unit/off-site areas and where hot work is to be done.

ii) For construction and maintenance of residential and office buildings, situated outside

explosive licensed area, bamboo scaffold, if used, should conform to provisions given in lS-3696 (Part 1)-1987.

6.3 STRUCTURAL WORK, LAYING OF REINFORCEMENT & CONCRETING 6.3.1 General provisions

i) The erection or dismantling of buildings, structures, civil engineering works, formwork, falsework and shoring should be carried out by trained workers only under the supervision of a competent person.

ii) Precautions should be taken to guard against danger to workers arising from any

temporary state of weakness or instability of a structure. ii) Formwork, falsework and shoring should be so designed, constructed and maintained

that it will safely support all loads that may be imposed on it. iv) Formwork should be so designed and erected that working platforms, means of

access, bracing and means of handling and stabilising are easily fixed to the formwork structure.

6.3.2 Erection and dismantling of steel and prefabricated structures

i) The safety of workers employed on the erection and dismantling of steel and prefabricated structures should be ensured by appropriate means, such as provision and use of:

(a) ladders, gangways or fixed platforms;

(b) platforms, buckets, boatswain's chairs or other appropriate means suspended from lifting appliances;

(c) safety harnesses and lifelines, catch nets or catch platforms;

(d) Power-operated mobile working platforms.

ii) Steel and prefabricated structures should be so designed and made that they can be safely transported and erected.

iii) In addition to the need for the stability of the part when erected, the design should

explicitly take following into account:

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(a) the conditions and methods of attachment in the operations of transport,

storing and temporary support during erection or dismantling as applicable; (b) Methods for the provision of safeguards such as railings and working

platforms, and, when necessary, for mounting them easily on the structural steel or prefabricated parts.

iv) The hooks and other devices built in or provided on the structural steel or prefabricated

parts that are required for lifting and transporting them should be so shaped, dimensioned and positioned as:

(a) to withstand with a sufficient margin the stresses to which they are subjected;

(b) Not to set up stresses in the part that could cause failures, or stresses in the structure itself not provided for in the plans, and be designed to permit easy release from the lifting appliance. Lifting points for floor and staircase units should be located (recessed if necessary) so that they do not protrude above the surface;

(c) To avoid imbalance or distortion of the lifted load. v) Store places should be so constructed that: (a) there is no risk of structural steel or prefabricated parts falling or overturning;

(b) storage conditions generally ensure stability and avoid damage having regard to the method of storage and atmospheric conditions;

(c) racks are set on firm ground and designed so that units cannot move

accidentally.

vi) While they are being stored, transported, raised or set down, structural steel or prefabricated parts should not be subjected to stresses prejudicial to their stability.

vii) Every lifting appliance should: (a) be suitable for the operations and not be capable of accidental disconnection; (b) be approved or tested as per statutory requirement.

viii) Lifting hooks should be of the self-closing type or of a safety type and should have the maximum permissible load marked on them.

ix) Tongs, clamps and other appliances for lifting structural steel and prefabricated parts

should:

(a) be of such shape and dimensions as to ensure a secure grip without damaging the part;

(b) be marked with the maximum permissible load in the most unfavourable lifting

conditions.

x) Structural steel or prefabricated parts should be lifted by methods or appliances that prevent them from spinning accidentally.

xi) When necessary to prevent danger, before they are raised from the ground, structural

steel or prefabricated parts should be provided with safety devices such as railings and working platforms to prevent falls of persons.

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xii) While structural steel or prefabricated parts are being erected, the workers should be provided with appliances for guiding them as they are being lifted and set down, so as to avoid crushing of hands and to facilitate the operations. Use of such appliances should be ensured.

xiii) A raised structural steel or prefabricated part should be so secured and wall units so

propped that their stability cannot be imperiled, even by external agencies such as wind and passing loads before its release from the lifting appliance.

xiv) At work places, instruction should be given to the workers on the methods,

arrangements and means required for the storage, transport, lifting and erection of structural steel or prefabricated parts, and, before erection starts, a meeting of all those responsible should be held to discuss and confirm the requirements for safe erection.

xv) During transportation within the construction area, attachments such as slings and

stirrups mounted on structural steel or prefabricated parts should be securely fastened to the parts.

xvi) Structural steel or prefabricated parts should be so transported that the conditions do

not affect the stability of the parts or the means of transport result in jolting, vibration or stresses due to blows, or loads of material or persons.

xvii) When the method of erection does not permit the provision of other means of

protection against fall of persons, the workplaces should be protected by guardrails, and if appropriate by toe-boards.

xviii) When adverse weather conditions such as snow, ice and wind or reduced visibility

entail risks of accidents, the work should be carried on with particular care, or, if necessary, interrupted.

xix) Structures should not be worked on during violent storms or high winds, or when they

are covered with ice or snow, or are slippery from other causes. xx) If necessary, to prevent danger, structural steel parts should be equipped with

attachments for suspended scaffolds, lifelines or safety harnesses and other means of protection.

xxi) The risks of falling, to which workers moving on high or sloping girders are exposed,

should be limited by all means of adequate collective protection or, where this is impossible, by the use of a safety harness that is well secured to a strong support.

xxii) Structural steel parts that are to be erected at a great height should as far as

practicable be assembled on the ground. xxiii) When structural steel or prefabricated parts are being erected, a sufficiently extended

area underneath the workplace should be barricaded or guarded xxiv) Steel trusses that are being erected should be adequately shored, braced or guyed

until they are permanently secured in position. xxv) Load-bearing structural member should not be dangerously weakened by cutting,

holing or other means. xxvi) Structural members should not be forced into place by the hoisting machine while any

worker is in such a position that he could be injured by the operation. xxvii) Open-web steel joists that are hoisted singly should be directly placed in position and

secured against dislodgment.

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6.3.3 Reinforcement

i) Ensure that workers use Personnel Protective equipment like safety helmet, safety shoes, gloves etc.

ii) Don't place the hand below the rods for checking clear distance. Use measuring

devices.

iii) Don't wear loose clothes while checking the rods.

iv) Don't stand unnecessarily on cantilever rods.

v) To carry out welding/cutting of rods, safety procedures/precautions as mentioned in Item No. 6.5 to be followed.

vi) For supplying of rods at heights, proper staging and/or bundling to be provided.

vii) Ensure barricading and staging for supplying and fixing of rods at height.

viii) For short distance carrying of materials on shoulders, suitable pads to be provided.

ix) While transporting material by trucks/trailers, the rods shall not protrude in front of or by the sides of driver's cabin. In case such protrusion cannot be avoided behind the deck, then it should not extend 1/3rd of deck length or 1.5M which ever is less and tied with red flags/lights.

6.3.4 Concreting

i) Ensure stability of shuttering work before allowing concreting. ii) Barricade the concreting area while pouring at height/depths.

iii) Keep vibrator hoses, pumping concrete accessories in healthy conditions and

mechanically locked.

iv) Pipelines in concrete pumping system shall not be attached to temporary structures such as scaffolds and formwork support as the forces and movements may effect their integrity.

v) Check safety cages & guards around moving motors/parts etc. provided in concreting

mixers. vi) Use Personal Protective Equipment like gloves, safety shoes etc. while dealing with

concrete and wear respirators for dealing with cement. vii) Earthing of electrical mixers, vibrators, etc. should be done and verified. viii) Cleaning of rotating drums of concrete mixers shall be done from outside. Lockout

devices shall be provided where workers need to enter.

ix) Where concrete mixers are driven by internal combustion engine, exhaust points shall be located away from the worker's workstation so as to eliminate their exposure to obnoxious fumes.

x) Don't allow unauthorised person to stand under the concreting area.

xi) Ensure adequate lighting arrangements for carrying out concrete work during night.

xii) Don't allow the same workers to pour concrete round the clock. Insist on shift pattern.

xiii) During pouring, shuttering and its supports should be continuously watched for defects.

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6.4 ROAD WORK

6.4.1 Site shall be barricaded and provided with warning signs, including night warning lamps at

appropriate locations for traffic diversion. 6.4.2 Filled and empty bitumen drums shall be stacked separately at designated places. 6.4.3 Mixing aggregate with bitumen shall preferably be done with the help of bitumen batch mixing

plant, unless operationally non-feasible. 6.4.4 Road rollers, Bitumen sprayers, Pavement finishers shall be driven by experienced drivers with

valid driving license. 6.4.5 Workers handling hot bitumen sprayers or spreading bitumen aggregate mix or mixing bitumen

with aggregate, shall be provided with PVC hand gloves and rubber shoes with legging up to knee joints.

6.4.6 At the end of day's work, surplus hot bitumen in tar boiler shall be properly covered by a metal

sheet, to prevent anything falling in it, 6.4.7 If bitumen accidentally falls on ground, it shall be immediately covered by sprinkling sand, to

prevent anybody stepping on it. Then it shall be removed with the help of spade. 6.4.8 For cement concrete roads, besides site barricading and installation of warning signs for traffic diversion, safe practices mentioned in the chapter on "Concreting", shall also be applicable. 6.5 CUTTING/WELDING 6.5.1 Common hazards involved in welding/cutting are sparks, molten metal, flying particles, harmful

light rays, electric shocks etc. Following precautions should be taken: -

i) A dry chemical type fire extinguisher shall be made available in the work area. ii) Adequate ventilation shall be ensured by opening manholes and fixing a shield or forced

circulation of air etc, while doing a job in confined space. iii) Ensure that only approved and well-maintained apparatus, such as torches, manifolds,

regulators or pressure reducing valves, and acetylene generators, be used. iv) All covers and panels shall be kept in place, when operating an electric Arc welding

machine. v) The work piece should be connected directly to Power supply, and not indirectly through

pipelines/structures/equipments etc. vi) The welding receptacles shall be rated for 63 A suitable for 415V, 3-Phase system with a

scraping earth. Receptacles shall have necessary mechanical interlocks and earthing facilities.

vii) All cables, including welding and ground cables, shall be checked for any worn out or

cracked insulation before starting the job. Ground cable should be separate without any loose joints.

viii) Cable coiling shall be maintained at minimum level, if not avoidable.

ix) An energised electrode shall not be left unattended. x) The power source shall be turned off at the end of job.

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xi) All gas cylinders shall be properly secured in upright position. xii Acetylene cylinder shall be turned and kept in such a way that the valve outlet points

away from oxygen cylinder. xiii) Acetylene cylinder key for opening valve shall be kept on valve stem, while cylinder is in

use, so that the acetylene cylinder could be quickly turned off in case of emergency. Use flash back arrestors to prevent back-fire in acetylene/oxygen cylinder.

xiv) When not in use, valves of all cylinders shall be kept closed. xv) All types of cylinders, whether full or empty, shall be stored at cool, dry place under shed. xvi) Forced opening of any cylinder valve should not be attempted. xvii) Lighted gas torch shall never be left unattended. xviii) Store acetylene and oxygen cylinders separately. xix) Store full and empty cylinders separately. xx) Avoid cylinders coming into contact with heat. xxi) Cylinders that are heavy or difficult to carry by hand may be rolled on their bottom edge

but never dragged.

xxii) If cylinders have to be moved, be sure that the cylinder valves are shut off.

xxiii) Before changing torches, shut off the gas at the pressure reducing regulators and not by crimping the hose.

xxiv) Do not use matches to light torches, use a friction lighter. xxv) Move out any leaking cylinder immediately. xxvi) Use trolleys for oxygen & acetylene cylinder and chain them. xxvii) Always use Red hose for acetylene and other fuel gases and Black for oxygen, and

ensure that both are in equal length. xxviii) Ensure that hoses are free from burns, cuts and cracks and properly clamped. xxix) Avoid dragging hoses over sharp edges and objects xxx) Do not wrap hoses around cylinders when in use or stored. xxxi) Protect hoses from flying sparks, hot slag, and other hot objects. xxxii) Lubricants shall not be used on Ox-fuel gas equipment. xxxiii) During cutting/welding, use proper type goggles/face shields.

6.6 WORKING IN CONFINED SPACES 6.6.1 Following safety practices for working in confined space like towers, columns, tanks and other

vessels should be followed in addition to the safety guidelines for specific jobs like scaffolding, cutting/welding etc.

i) Shut down, isolate, depressurise and purge the vessel as per laid down procedures.

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ii) Entry inside the vessel and to carry out any job should be done after issuance of valid permit only in line with the requirement of OISD-STD-105.

iii) Ensure proper and accessible means of exit before entry inside a confined space.

iv) The number of persons allowed inside the vessel should be limited to avoid overcrowding.

v) When the work is going on in the confined space, there should always be one man

standby at the nearby manway. vi) Before entering inside the vessels underground or located at lower elevation,

probability of dense vapours accumulating nearby should also be considered in addition to inside the vessel.

vii) Ensure requisite O2 level before entry in the confined space and monitor level

periodically or other wise use respiratory devices. viii) Check for no Hydrocarbon or toxic substances before entry and monitor level

periodically or use requisite Personal Protective Equipment.

ix) Ensure adequate ventilation or use respiratory devices.

x) Depending upon need, necessary respirator system, gas masks and suit shall be worn by everyone entering confined space. In case of sewer, OWS or in the confined area where there is a possibility of toxic or inert gas, gas masks shall be used by everyone while entering.

xi) Barricade the confined spaces during hoisting, radiography, blasting, pressure testing

etc. xii) Use 24V flameproof lamp fittings only for illumination.

xiii) Use tools with air motors or electric tools with maximum voltage of 24V.

xiv) House keeping shall be well maintained. xv) Safety helmet, safety shoes and safety belt shall be worn by everyone entering the

confined space. xvi) Don't wear loose clothing while working in a confined space. xvii) In case of the vessels which are likely to contain pyropheric substances (like Iron

Sulphide), special care need to be taken before opening the vessel. Attempt should be made to remove the pyropheric substances. Otherwise, these should be always kept wet by suitable means.

xviii) The cutting torches should also be kept outside the vessel immediately after the

cutting.

xix) The gas cylinders used for cutting/welding shall be kept outside.

xx) All cables, hoses, welding equipment etc., shall be removed from confined space at end of each work day, even if the work is to be resumed in the same space the next day.

To the extent possible sludge shall be cleared and removed from outside before

entering.

xxi) No naked light or flame or hot work such as welding, cutting and soldering should be permitted inside a confined space or area unless it has been made completely free of the flammable atmosphere, tested and found safe by a competent person. Only non-

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sparking tools and flameproof hand lamps protected with guard and safety torches should be used inside such confined space or area for initial inspection, cleaning or other work required to be done for making the area safe.

xxii) Communication should be always maintained between the worker and the attendant. 6.7 PROOF/PRESSURE TESTING 6.7.1 Review test procedure before allowing testing with water or air or any other fluid. 6.7.2 Provide relief valves of adequate size while testing with air or other gases. 6.7.3 Ensure compliance of necessary precautions, step wise loading, tightening of fasteners,

grouting etc. before and during testing. 6.7.4 Inform all concerned in advance of the testing. 6.7.5 Keep the vents open before opening any valve for filling/draining of liquid used for hydrotesting.

The filling/draining should not exceed the designed rate for pressure testing. 6.7.6 Provide separate gauges of suitable range for pressurising pump and the equipment to be

tested. 6.7.7 Provide gauges at designated locations for monitoring of pressures. 6.7.8 Check the calibration of all pressurising equipment and accessories and maintain records. 6.7.9 Take readings at pre-defined intervals. 6.8 WORKING AT HEIGHTS 6.8.1 General Provision

i) While working at a height of more than 3 meters, ISI approved safety belt shall be used.

iii) While working at a height of more than 3 meters, permit should be issued by competent

person before commencement of the job.

iii) Worker should be well trained on usage of safety belt including its proper usage at the time of ascending/descending.

iv) All tools should be carried in tool kits to avoid their falling. v) If the job is on fragile/sloping roof, roof walk ladders shall be used.

vi) Provide lifeline wherever required. vii) Additional safety measures like providing Fall Arrestor type Safety belt, safety net

should be provided depending upon site conditions, job requirements. viii) Keep working area neat and clean. Remove scrap material immediately.

ix) Don't throw or drop material/equipment from height.

x) Avoid jumping from one member to another. Use proper passageway.

xi) Keep both hands free while climbing. Don't try to bypass the steps of the ladder.

xii) Try to maintain calm at height. Avoid over exertion.

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xiii) Avoid movements on beam.

xiv) Elevated workplaces including roofs should be provided with safe means of access and egress such as stairs, ramps or ladders.

6.8.2 Roof Work

i) All roof-work operations should be pre-planned and properly supervised.

ii) Roof work should only be undertaken by workers who are physically and psychologically fit and have the necessary knowledge and experience for such work.

iii) Work on roofs shouldn't be carried on in weather conditions that threaten the safety of

workers.

iv) Crawling boards, walkways and roof ladders should be securely fastened to a firm structure.

v) Roofing brackets should fit the slope of the roof and be securely supported. vi) Where it is necessary for a person to kneel or crouch near the edge of the roof,

necessary precautions should be taken.

vii) On a large roof where work have to be carried out at or near the edge, a simple barrier consisting of crossed scaffold tubes supporting a tubing guardrail may be provided.

viii) All covers for openings in roofs should be of substantial construction and be secured in

position. ix) Roofs with a pitch of more than 10 should be treated as sloping. x) When work is being carried out on sloping roofs, sufficient and suitable crawling boards

or roof ladders should be provided and firmly secured in position. xi) During extensive work on the roof, strong barriers or guardrails and toe-boards should

be provided to stop a person from falling off the roof. xii) Where workers are required to work on or near roofs or other places covered with

fragile material, through which they are liable to fall, they should be provided with suitable roof ladders or crawling boards strong enough and when spanning across the supports for the roof covering to support those workers.

xiii) A minimum of two boards should be provided so that it is not necessary for a person to

stand on a fragile roof to move a board or a ladder, or for any other reason. 6.8.3 Work on tall chimneys

i) For the erection and repair of tall chimneys, scaffolding should be provided. A safety net should be maintained at a suitable distance below the scaffold.

ii) The scaffold floor should always be at least 65 cm below the top of the chimney.

iii) Under the working floor of the scaffolding the next lower floor should be left in position

as a catch platform. iv) The distance between the inside edge of the scaffold and the wall of the chimney

should not exceed 20 cm at any point.

v) Catch platforms should be erected over: (a) the entrance to the chimney;

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(d) Passageways and working places where workers could be endangered by falling objects.

vi) For climbing tall chimneys, access should be provided by: (a) stairs or ladders; (b) a column of iron rungs securely embedded in the chimney wall;

(e) Other appropriate means.

vii) When workers use the outside rungs to climb the chimney, a securely fastened steel core rope looped at the free end and hanging down at least 3 m should be provided at the top to help the workers to climb on to the chimney.

viii) While work is being done on independent chimneys the area surrounding the chimney

should be enclosed by fencing at a safe distance. ix) Workers employed on the construction, alteration, maintenance or repair of tall

chimneys should not:

a) work on the outside without a safety harness attached by a lifeline to a rung, ring or other secure anchorage;

b) put tools between the safety harness and the body or in pockets not intended

for the purpose; c) haul heavy materials or equipment up and down by hand to or from the

workplace on the chimney; d) fasten pulleys or scaffolding to reinforcing rings without first verifying their

stability; e) work alone; f) climb a chimney that is not provided with securely anchored ladders or rungs;

g) Work on chimneys in use unless the necessary precautions to avoid danger from smoke and gases have been taken.

x) Work on independent chimneys should not be carried on in high winds, icy conditions,

fog or during electrical storms.

6.9 HANDLING AND LIFTING EQUIPMENT: 6.9.1 General Provisions

Following are the general guidelines to be followed with regard to all types of handling and lifting equipment in addition to the guidelines for specific type of equipments dealt later on. I) There should be a well-planned safety programme to ensure that all the lifting

appliances and lifting gear are selected, installed, examined, tested, maintained, operated and dismantled with a view to preventing the occurrence of any accident;

ii) All lifting appliances shall be examined by competent persons at frequencies as

specified in "The Factories act".

iii) Check thoroughly quality, size and condition of all lifting tools like chain pulley blocks, slings, U-clamps, D-shackles etc. before putting them in use.

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iv) Safe lifting capacity of all lifting & handling equipment, tools and shackles should be got verified and certificates obtained from competent authorities before its use. The safe working load shall be marked on them.

v) Check periodically the oil, brakes, gears, horns and tyre pressure of all moving

equipments like cranes, forklifts, trailers etc as per manufacturer's recommendations. vi) Check the weights to be lifted and accordingly decide about the crane capacity, boom

length and angle of erection. vii) Allow lifting slings as short as possible and check packing at the friction points. viii) While lifting/placing of the load, no unauthorised person shall remain within the radius

of the boom and underneath the load. ix) While loading, unloading and stacking of pipes, proper wedges shall be placed to

prevent rolling down of the pipes. x) Control longer jobs being lifted up from both ends.

xi) Only trained operators and riggers should carry out the job. While the crane is moving

or lifting the load, the trained rigger should be there for keeping a vigil against hitting any other object.

xii) During high wind conditions and nights, lifting of heavy equipments should be avoided.

If unavoidable to do erection in night, operator and rigger should be fully trained for night signaling. Also proper illumination should be there.

xiii) Allow crane to move on hard, firm and leveled ground.

xiv) When crane is in idle condition for long periods or unattended, crane boom should either be lowered or locked as per manufacturer's guidelines.

xv) Hook and load being lifted shall remain in full visibility of crane operators, while lifting,

to the extent possible. xvi) Don't allow booms or other parts of crane to come within 3 meters reach of overhead

electrical cables. xvii) No structural alterations or repairs should be made to any part of a lifting appliance,

which may affect the safety of the appliance without the permission and supervision of the competent person.

6.9.2 Hoists i) Hoist shafts should be enclosed with rigid panels or other adequate fencing at: (a) ground level on all sides; (b) all other levels at all points at which access is provided; (c) all points at which persons are liable to be struck by any moving part.

ii) The enclosure of hoist shafts, except at approaches should extend where practicable atleast 2mt above the floor, platform or other place to which access is provided except where a lesser height is sufficient to prevent any person falling down the hoistway and there is no risk of any person coming into contact with any moving part of the hoist, but in no case should the enclosure be less than 1mt in height.

iii) The guides of hoist platforms should offer sufficient resistance to bending and, in the

case of jamming by a safety catch, to buckling.

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iv) Where necessary to prevent danger, adequate covering should be provided above the top of hoist shafts to prevent material falling down them.

v) Outdoor hoist towers should be erected on firm foundations, and securely braced,

guyed and anchored.

vi) A ladderway should extend from the bottom to the top of outdoor hoist towers, if no other ladderway exists within easy reach.

vii) Hoisting engines should be of ample capacity to control the heaviest load that they will

have to move. viii) Hoists should be provided with devices that stop the hoisting engine as soon as the

platform reaches its highest stopping place.

ix) Winches should be so constructed that the brake is applied when the control handle is not held in the operating position.

x) It should not be possible to set in motion from the platform a hoist, which is not

designed for the conveyance of persons.

xi) Winches should not be fitted with pawl and ratchet gears on which the pawl must be disengaged before the platform is lowered.

xii) Hoist platforms should be capable of supporting the maximum load that they will have

to carry with a safety factor. xiii) Hoist platforms should be equipped with safety gear that will hold the platform with the

maximum load if the hoisting rope breaks.

xiv) If workers have to enter the cage or go on the platform at landings there should be a locking arrangement preventing the cage or platform from moving while any worker is in or on it.

xv) On sides not used for loading and unloading, hoist platforms should be provided with

toe-boards and enclosures of wire mesh or other suitable material to prevent the fall of parts of loads.

xvi) Where necessary to prevent danger from falling objects, hoist platforms should be

provided with adequate covering. xvii) Counterweights consisting of an assemblage of several parts should be made of

specially constructed parts rigidly connected together. xviii) Counterweights should run in guides. xix) Platforms should be provided at all landings used by workers.

xx) Following notices should be posted up conspicuously and in very legible characters:

(a) on all hoists:

· on the platform: the carrying capacity in kilograms or other appropriate standard unit of weight;

· on the hoisting engine: the lifting capacity in kilograms or other appropriate

standard unit of weight;

a. on hoists authorised or certified for the conveyance of persons:

· on the platform or cage: the maximum number of persons to be carried at one time;

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b. on hoists for goods only:

· on every approach to the hoist and on the platform: prohibition of use by persons.

xxi) Hoists intended for the carriage of persons should be provided with a cage so

constructed as to prevent any person from falling out or being trapped between the cage and any fixed part of the structure when the cage gate is shut, or from being struck by the counterbalance weight or by articles or materials tailing down the hoistway.

On each side in which access is provided, the cage should have a gate fitted with

devices which ensure that the gate cannot be opened except when the cage is at a landing and that the gate must be closed before the cage can move away from the landing.

xxii) Every gate in the enclosure of the hoist shaft which gives access from a landing place

to the cage should be fitted with devices to ensure that the gate cannot be opened except when the cage is at that landing place, and that the cage cannot be moved away from that landing place until the gate is closed.

6.9.2 Derricks Stiff-leg derricks

i) Derricks should be erected on a firm base capable of taking the combined weight of the crane structure and maximum rated load.

ii) Devices should be used to prevent masts from lifting out of their seating.

iii) Electrically operated derricks should be effectively earthed from the sole plate or framework.

iv) Counterweights should be so arranged that they do not subject the backstays, sleepers

or pivots to excessive strain. v) When derricks are mounted on wheels:

a) a rigid member should be used to maintain the correct distance between the wheels;

b) they should be equipped with struts to prevent them from dropping if a wheel

breaks or the derrick is derailed.

vi) The length of a derrick jib should not be altered without consulting the manufacturer. vii) The jib of a scotch derrick crane should not be erected within the backstays of the

crane.

Guy derricks

i) The restraint of the guy ropes should be ensured by fitting stirrups or anchor plates in concrete foundations.

ii) The mast of guy derricks should be supported by six top guys spaced approximately

equally. iii) The spread of the guys of a guy derrick crane from the mast should not be more than

450 from the horizontal.

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iv) Guy ropes of derricks should be equipped with a stretching screw or turnbuckle or other device to regulate the tension.

v) Gudgeon pins, sheave pins and fool bearings should be lubricated frequently.

vi) When a derrick is not in use, the boom should be anchored to prevent it from swinging. 6.9.4 Gin poles i) Gin poles should: (a) be straight; (b) consist of steel or other suitable metal; (c) be adequately guyed and anchored;

(d) be vertical or raked slightly towards the load; (e) be of adequate strength for the loads that they will be required to lift/move.

ii) Gin poles should not be spliced and if a gin pole is composed of different elements, they should be assembled in conformity with their intrinsic material strength.

iii) Gin poles should be fastened at their feet to prevent displacement in operation.

iv) Gin poles, which are moved from place to place and re-erected, should not be taken

into use again before the pole, lifting ropes, guys, blocks and other parts have been inspected, and the whole appliance has been tested under load.

v) When platforms or skips are hoisted by gin poles, precautions should be taken to

prevent them from spinning and to provide for proper landing.

6.9.5 Tower cranes

i) Where tower cranes have cabs at high level, persons, capable and trained to work at heights, should only be employed as crane operators.

ii) The characteristics of the various machines available should be considered against the

operating requirements and the surroundings in which the crane will operate before a particular type of crane is selected.

iii) Care should be taken in the assessment of wind loads both during operations and out

of service. Account should also be taken of the effects of high structures on wind forces in the vicinity of the crane.

iv) The ground on which the tower crane stands should have the requisite bearing

capacity. Account should be taken of seasonal variations in ground conditions. v) Bases for tower cranes and tracks for rail-mounted tower cranes should be firm and

level. Tower cranes should only operate on gradients within limits specified by the manufacturer. Tower cranes should only be erected at a safe distance from excavations and ditches.

vi) Tower cranes should be sited where there is clear space available for erection,

operation and dismantling. As far as possible, cranes should be sited so that loads do not have to be handled over occupied premises, over public thoroughfares, other construction works and railways or near power cables.

vii) Where two or more tower cranes are sited in positions where their jibs could touch any

part of the other crane, there should be direct means of communication between them

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and a distinct warning system operated from the cab so that one driver may alert the other of impending danger.

viii) The manufacturers' instructions on the methods and sequence of erection and

dismantling should be followed. The crane should be tested before being taken into use.

ix) The climbing operation of climbing tower cranes should be carried out in accordance

with manufacturers' instructions. The free-standing height of the tower crane should not extend beyond what is safe and permissible in the manufacturers' instructions.

x) When the tower crane is left unattended, loads should be removed from the hook, the

hook raised, the power switched off and the boom brought to the horizontal. For longer periods or at times when adverse weather conditions are expected, out of service procedures should be followed. The main jib should be slewed to the side of the tower away from the wind, put into free slew and the crane immobilised.

xi) A wind speed measuring device should be provided at an elevated position on the

tower crane with the indicator fitted in the drivers' cab. xii) Devices should be provided to prevent loads being moved to a point where the

corresponding safe working load of the crane would be exceeded. Name boards or other items liable to catch the wind should not be mounted on a tower crane other than in accordance with the manufacturers' instructions.

xiii) Tower cranes should not be used for magnet, or demolition ball service, piling

operations or other duties, which could impose excessive loading on the crane structure.

6.9.6 Lifting ropes

i) Only ropes with a known safe working capacity should be used as lifting ropes. ii) Lifting ropes should be installed, maintained and inspected in accordance with

manufacturers' instructions. iii) Repaired steel ropes should not be used on hoists.

iv) Where multiple independent ropes are used, for the purpose of stability, to lift a work

platform, each rope should be capable of carrying the load independently. 6.10 VEHICLE MOVEMENT 6.10.1 Park vehicles only at designated places. Don't block roads to create hindrance for other

vehicles. 6.10.2 Don't overload the vehicle. 6.10.3 Obey speed limits and traffic rules. 6.10.4 Always expect the unexpected and be a defensive driver. 6.10.5 Drive carefully during adverse weather and road conditions. 6.10.6 Read the road ahead and ride to the left. 6.10.7 Be extra cautious at nights. Keep wind screens clean and lights in working condition. 6.10.8 All vehicles used for carrying workers and construction materials must undergo

predictive/preventive maintenance and daily checks

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6.10.9 Driver with proper valid driving license shall only be allowed to drive the vehicle 6.10.10 Routes shall be leveled, marked and planned in such a way so as to avoid potential hazards

such as overhead power lines and sloping ground etc. 6.10.11 While reversing the vehicles, help of another worker should be ensured at all times 6.10.12 An unattended vehicle should have the engine switched off 6.10.13 Wherever possible one- way system shall be followed 6.10.14 Barriers/fixed stops should be provided for excavation/openings to prevent fall of vehicle 6.10.15 Load should be properly secured 6.10.16 The body of the tipper lorry should always be lowered before driving the vehicle off. 6.10.17 Signs/signals/caution boards etc. should be provided on routes. 6.11 ELECTRICAL 6.11.1 General Provisions i) Only persons having valid licenses should be allowed to work on electrical facilities.

ii) No person should be allowed to work on live circuit. The same, if unavoidable, special care and authorisation need to be taken.

iii) Treat all circuits as "LIVE" unless ensured otherwise. iv) Electrical "Tag Out" procedure "MUST" be followed for carrying out maintenance jobs.

v) Display voltage ratings prominently with "Danger" signs.

vi) Put caution/notice signs before starting the repair works.

vii) All electrical equipment operating above 250V shall have separate and distinct connections to earth grid.

viii) Proper grounding to be ensured for all switch boards and equipment including Portable

ones prior to taking into service.

ix) Make sure that electrical switch boards, portable tools, equipments (like grinding machine etc.) don't get wet during their usage. If it happens, stop the main supply, make the tools dry and then only use them. Check proper earthing.

All temporary switch boards/ KIOSKS put up at work site should be suitably protected from rain and the level of same should be high enough to avoid contact with water due to water logging.

x) Don't work wet on electrical system. xi) Don't overload the electrical system.

xii) Use only proper rated HRC fuses.

xiii) Industrial type extension boards and Plug sockets are only to be used.

xiv) ELCB for all temporary connections must be provided. Use insulated 3-pin plug tops.

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xv) All power supply cables should be laid properly and neatly so that they don't cause hindrance to persons working and no physical damage also takes place to the cables during various construction activities.

xvi) All Power cables to be properly terminated using glands and lugs of proper size and

adequately crimped.

xvii) Use spark-proof/flame proof type electrical fittings in Fire Hazard zones as per area classification under OISD-STD-113.

xviii) Check installations of steel plates/pipes to protect underground cables at crossings.

xix) Don't lay unarmored cable directly on ground, wall, roof or trees. All temporary cables

should be laid at least 750 mm below ground and cable markers should be provided. Proper sleeves should be provided at road crossings. In case temporary cables are to be laid on wooden poles/steel poles, the minimum cable heights should be 4.5 M.

xx) Maintain safe overhead distance of HT cables as per Indian Electricity Rules and

relevant acts. xxi) Don't connect any earthing wire to the pipelines/structures

xxii) Don't make any unsafe temporary connections, naked joints/wiring etc.

xxiii) Ensure that temporary cables are free from cuts, damaged insulation, kinks or

improper insulated joints.

xxiv) Check at periodic intervals that pins of sockets and joints are not loose.

xxv) Protect electrical wires/equipments from water and naked flames. xxvi) Illuminate suitably all the work areas.

xxvii) All switchboards should be of MS structure only and incoming source should be

marked.

xxviii) Hand lamps should not be of more than 24V rating.

xxix) Fire extinguishers (DCP/CO2/Sand buckets) should be kept near temporary switch boards being used for construction purposes. Don't use water for fighting electrical fires.

xxx) Insulating mats shall be provided in the front and back end of switch boards.

xxxi) All parts of electrical installations should be so constructed, installed and maintained as

to prevent danger of electric shock, fire and external explosion.

Periodic checking/certification of electrical safety appliances such as gloves, insulating mats, hoods etc. to be done/witnessed along with maintaining a register at site signed by competent authority.

xxxii) A notice displaying following, should be kept exhibited at suitable places:

a) prohibiting unauthorised persons from entering electrical equipment rooms or from handling or interfering with electrical apparatus;

b) containing directions as to procedures in case of fire, rescue of persons in contact

with live conductors and the restoration of persons suffering from electric shock; c) specifying the person to be notified in case of electrical accident or dangerous

occurrence, and indicating how to communicate with him.

xxxiii) No other cables/pipes to be laid in trench used for electrical cables.

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xxxiv) Utmost care should be taken while excavating Earth from cable trench to avoid

damage or any accident. xxxv) Sub-station floor cut-outs meant for switch board installations to be covered wherever

installation is incomplete. NOTE: A Residual Current Operated Circuit Breaker (RCCB) or Earth Leakage Circuit Breaker

(ELCB), when installed, protects a human being to the widest extent. RCCB or ELCB should be provided as per Indian Electricity Rules.

6.11.2 Inspection and maintenance

i) All electrical equipment should be inspected before taking into use to ensure suitability for its proposed use.

iii) At the beginning of every shift, the person using the electrical equipment should make

a careful external examination of the equipment and conductors, especially the flexible cables.

iii) Apart from some exceptional cases, work on or near live parts of electrical equipment

should be forbidden.

iv) Before any work is begun on conductors or equipment that do not have to remain live: a) the current should be switched off by a responsible authorised person; b) precautions should be taken to prevent the current from being switched on again; c) the conductors or the equipment should be tested to ascertain that they are dead; d) the conductors and equipment should be earthed and short-circuited; e) neighbouring live parts should be adequately protected against accidental contact.

v) After work has been done on conductors and equipment, the current should only be switched on again on the orders of a competent person after the earthing and short-circuiting have been removed and the workplace reported safe.

vi) Electricians should be provided with approved and tested tools, and personal protective

equipment such as rubber gloves, mats etc.

vii) All conductors and equipment should be considered to be live unless there is a proof of the contrary.

viii) When work has to be done in dangerous proximity to live parts the current should be

cut off. If for operational reasons this is not possible, the live parts should be fenced off or enclosed by qualified staff from the sub-station concerned.

6.11.3. Testing

i) Electrical installations should be inspected and tested and the results recorded. ii) Periodic testing of the efficiency of the earth leakage protective devices should be

carried out. iii) Particular attention should be paid to the earthing of apparatus, the continuity of

protective conductors, polarity and insulation resistance, protection against mechanical damage and condition of connections at points of entry.

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6.12 OFFSHORE 6.12.1 General

The isolated nature of offshore installations are hazardous. They call for greater need for safety and survival at offshore. Safety at offshore is safety of installations and safety of personnel. Safety problems and accidents at offshore have high risks due to limited space, helicopter operation, sea transport etc. Following are the general safety guidelines to be followed in addition to the safety guidelines stipulated for specific jobs dealt later on:

i) Workers should be well trained to do their job independently with high degree of self-

control and self-discipline.

ii) On arrival at offshore, everyone should be briefed about the safety rules to be followed at offshore, evacuation system etc. All personnel should wear overall (dangri), helmet and shoes for personnel protection.

iii) In case of emergency, workers should follow instruction of Field Production Superintendent (F.P.S.) In certain cases instructions may be given to abandon the offshore installation and evacuate the persons to safe location.

iv) To overcome above problems, offshore personnel must receive training for using life

saving appliances and other personal survival techniques.

v) Any person working at offshore should have one person as standby for any eventuality. 6.12.2 Drilling Rigs

i) Location of jack up rigs should not be less than 5 Kms from shipping route. Orientation of the rig, wind direction etc are required for safe landing of helicopter. Information w.r.t. Sea currents, wind speed, Hi-lo tide etc are required for mooring of supply vessels.

ii) Sea bed condition at every location should be ensured for safety of rig. iii) Radio and other communication facilities should be such to maintain contact with base

all times.

iv) During toeing of rig, the rig deck should be clear of load, toeing lines should be in good condition and tensions in various toeing lines should be constantly monitored.

v) Few steps during toeing are:

a) crane booms should be secured to their vesta,

b) all hatches and water tight doors should be closed, c) number of personnel on board should be restricted, d) evacuate in case of emergency and operation should be completed preferably in day light. 6.12.3 Drilling

i) In view of CO2 and H2S gas cut from well, effective ventilation should be provided where drilling is in progress.

ii) Safety alarm shall be checked in advance in view of failure of ventilation system.

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iii) Suitable sensors for H2S and Methane should be function tested time to time and suitable colour code should be given.

iv) Working areas of the crane should be illuminated during night to avoid accident.

v) Clear space should be available for despatch and receipt of load and, in particular,

basket transfer of passengers. Persons engaged in loading/unloading of materials should be protected from falling into the sea.

vi) Signal light should be fitted at the top of the jib.

vii) Crane hook should be fitted with safety latches.

viii) Experienced person should be engaged in operation of specific equipment like winches, cranes etc.

ix) At least three cable turns shall always be there on the winch drum.

x) Adequate communication like walkie talkie, round robin phone should be available

between the crane operator, supervisor and helper.

xi) Crane operation should be completely stopped during helicopter landing/taking off.

xii) Except for helicopter landing deck, all decks, platforms, bridges, ladders should have rigid and fixed guard rails atleast one meter high and should have one intermediate rail midway between the handrail and 100 mm toe board.

xiii) Wooden ladders shall not be used at offshore.

xiv) Flow sensor in the flow line should be ensured for safe working and to avoid blow out.

xv) Hydrogen sulphuide gas In offshore is of great risk and at 10 ppm (0.001%)

concentration in air, a person should not be exposed for more than 8 hours, If concentration is more, then breathing apparatus should be used. Corrosion of equipment is also caused by H2S.

xvi) Portable H2S gas detector should be continuously used.

6.12.4 Production Platforms

i) In case hydrocarbon is released due to overpressure, leak, overflow, gas blow etc., shut down process to stop flow of hydrocarbon. Prevent ignition of released hydrocarbon and in case of fire shut in the process complex and follow emergency contingency plan.

ii) Sub surface safety valve (SSSV)) below the well head should be actuated during

uncontrolled well -flow and they should be regularly checked.

iii) Surface safety valve or SDV should be checked for no gas leakage from bleed port / flange etc., in the well head area. It should not be in "mechanical override" or bypassed from panel.

iv) High pressure gas lift lines - blowdown system should be O.K.

v) Auto actuation of SDVs in the inlet of pressure vessels should be O.K. and in "normal

position" from shutdown panels. A record of status of switches normal/bypassed in auto-con* panels (PSH, PSL, LSL, ILSL) should be maintained.

* Shut Down Panels

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vi) Welders rectifier set and electrical connections to it should be checked and approved by electrical-in- charge for proper electrical safely.

vii) "SCADA" telemetry system if available should be operational for remote opening and

closing of wells at unmanned platforms (through RPMC).

viii) Local ESD/FSD (near the work site) should be provided for jobs of very critical nature, so that the persons working can access it immediately in emergency for safety. Safety officer should judge the requirement & inform FPS for the same.

ix) Railings and Gratings etc. in and around work area should be O.K. and inspected to

avoid slippage of man into sea.

x) Emergency shut down (ESD) system is initiated when an abnormal condition is detected. ESD should be checked once in six months.

xi) Platform should be manned round the clock.

xii) Welding and cutting work should be regulated by hot work permit.

xiii) All detectors should be calibrated as per recommendation of the manufacturer.

xiv) No system should be by-passed which affects the system of platform.

xv) In H2S field platforms, due care shall be taken as per recommendations.

xvi) Follow the instructions of F.P.S. during stay at platform

6.12.5 Fire Prevention And Control

i) Provision be made for safe handling and storage of dirty rags, trash, and waste oil. Flammable liquids and chemicals applied on platform should be immediately cleaned.

ii) Paint containers and hydrocarbon samples, gas cylinders for welding and cutting

should be stored properly. Cylinders should be transported in hand-cart.

iii) Smoking should be restricted and no smoking area should be identified.

iv) Special attention should be given to crude oil pump seals, diesel and gas engines which are potential source of ignition in the event of failure.

v) Fire and smoke detectors i.e. ultraviolet heat, thermal and smoke detector should be

function tested once in three months.

vi) Fire is controlled in offshore by water spraying, Halon, CO2 flooding, DCP and sprinkler system.

vii) Foaming agent is applied for controlling fire in liquid hydrocarbon. The system is not

effective in gas fire.

viii) Light weight breathing system should be used.

ix) The fire control plan at offshore should reveal control station, fire alarms and fire detectors, deluge valves and sprinkler, fire extinguishing appliances, fireman outfit and ventilation system.

x) Fire fighting equipment should be maintained in ready to use condition.

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6.12.6 Life Saving Appliances

i) Life boats with a speed of 6 knots and carrying capacity upto 50 persons are used in offshore.

ii) No. of life boats on one installation should have a capacity to accommodate twice the

number of persons onboard installation.

iii) Launching appliances and life boat equipment should be checked every week.

iv) Boat landing areas should be adequately illuminated.

v) Life raft has no power and they rely on drift.

vi) Life jacket lifts the wearer after entering water.

vii) Life buoys are used to rescue persons if any person accidentally falls in the sea.

viii) All life saving appliances should be inspected by the MMD surveyor /sr. officials once a year.

ix) Every life boat shall be inspected once a week.

x) Every life boat and life raft should be serviced once a year by a competent authority,

6.12.7 Safety Precautions during Helicopter Transportation

i) Passenger briefing regarding safety rules while travellng in helicopter should be carried out before boarding the helicopter.

ii) Emergency procedure should be briefed to all the passenger In case helicopter is to

ditch into the sea.

iii) Heli-pad should have a non-skid surface. Nylon rope net should be stretched on the deck.

iv) Proper drainage should be available on helideck.

v) There should be no obstruction on the helideck itself and within 3 meters of its

parameter. Closest super structure above the helideck should have red obstruction light.

vi) While landing fire crew of two persons should be standby adjacent to helideck.

vii) Heli-deck should be properly illuminated for night landing.

viii) During switching off helicopter, persons should not be allowed to go out/ towards

helicopter 6.13 DEMOLITION 6.13.1. General provisions

i) When the demolition of any building or structure might present danger to workers or to the public:

(a) necessary precautions, methods and procedures should be adopted, including

those for the disposal of waste or residues;

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(b) the work should be planned and undertaken only under the supervision of a competent person.

ii) Before demolition operations begin:

(a) structural details and builders' drawings should be obtained wherever possible;

(b) details of the previous use should be obtained to identify any possible

contamination and hazards from chemicals, flammables, etc.;

(c) an initial survey should be carried out to identify any structural problems and risks associated with flammable substances and substances hazardous to health. The survey should note the type of ground on which the structure is erected, the condition of the roof trusses, the type of framing used in framed structures and the load-bearing walls;

(d) a method of demolition should be formulated after the survey and recorded in a

method statement having taken all the various considerations into account and identifying the problems and their solutions;

iii) All electric, gas, water and steam service lines should be shut off and, as necessary,

capped or otherwise controlled at or outside the construction site before work commences.

iv) If it is necessary to maintain any electric power, water or other services during

demolition operations, they should be adequately protected against damage.

v) As far as practicable, the danger zone round the building should be adequately fenced off and sign posted. To protect the public a fence 2m high should be erected enclosing the demolition operations and the access gates should be secured outside working hours.

vi) The fabric of buildings contaminated with substances hazardous to health should be

decontaminated. Protective clothing and respiratory devices should be provided and worn.

vii) Where plant has contained flammable materials, special precautions should be taken

to avoid fire and explosion.

viii) The plant to be demolished should be isolated from all other plant that may contain flammable materials. Any residual flammable material in the plant should be rendered safe by cleaning, purging or the application of an inert atmosphere as appropriate.

ix) Care should be taken not to demolish any parts, which would destroy the stability of

other parts.

x) Demolition activities should not be continued under adverse climatic conditions such as high winds, which could cause the collapse of already weakened structures.

xi) To prevent hazards parts of structures should be adequately shored, braced or

otherwise supported.

xii) Structures should not be left in a condition in which they could be brought down by wind pressure or vibration.

xiii) Where a deliberate controlled collapse technique is to be used, expert engineering

advice should be obtained, and:

(a) it should only be used where the whole structure is to come down because it relies on the removal of key structural members to effect a total collapse;

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(b) it should only be used on sites that are fairly level and where there is enough surrounding space for all operatives and equipment to be withdrawn to a safe distance.

xiv) When equipment such as power shovels and bulldozers are used for

demolition, due consideration should be given to the nature of the building or structure, its dimensions, as well as to the power of the equipment being used.

xv) If a swinging weight is used for demolition, a safety zone having a width of at

least one-and-a-half times the height of the building or structure should be maintained around the points of impact.

6.13.2. Demolition of structural steelwork

i) All precautions should be taken to prevent danger from any sudden twist, spring or collapse of steelwork, ironwork or reinforced concrete when it is cut or released.

ii) Steel construction should be demolished tier by tier.

iii) Structural steel parts should be lowered and not dropped from a height.

6.14 RADIOGRAPHY 6.14.1 All radiography jobs shall be carried out as per BARC Safety Regulations 6.14.2 During field radiography, nearby area around the radiation source should be cordoned off. 6.14.3 If the field radiography is to be done at the same location repeatedly, it is advisable to provide

either a wire fencing around or a temporary brick enclosure. 6.14.4 Special permission/permit should be taken for radiography from area-in-charge. 6.14.5 As far as possible, field radiography should be done only during night time when there is little or

no occupancy there. 6.14.6 Radiation warning signals should be pasted all along the cordoned off area. 6.14.7 Entry into the restricted area by unauthorised persons should be strictly prohibited during

exposure. 6.14.8 The radiation level alongwith the cordon should be monitored by a suitable and well-calibrated

radiation survey meter. 6.14.9 All personnel working with radiography sources should wear appropriate protective equipment

and film badges issued by BARC. 6.14.10 Protection facilities such as manipulator rod, remote handling tongs, lead pots, radiation hazard

placards and means of cordon off shall be available at each site. 6.14.11 The radiography source shall never be touched or handled directly with hands. 6.14.12 The package containing radiography cameras and sources should never be carried by public

transport like bus, train etc. 6.14.13 Radiography sources and cameras, when not in use, should be stored inside a source pit with

lock and key arrangement as approved by BARC. The storage room should preferably be located in an isolated area of minimum occupancy and radiation level outside the storage room should not exceed 0.25 mR/hr as per BARC Regulations.

6.14.14 In case of an accident (due to loss or of damage to radiography source), action should be taken

in line with BARC Safety Rules/Guidelines.

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6.15 SAND/SHOT BLASTING/ SPRAY PAINTING 6.15.1 Sand blasting should be used only after approval from competent person. 6.15.2 Air Compressor used for sand/ shot blasting/painting should have guard and positioned away

from the work place. 6.15.3 Exhaust of the prime mover, if IC engine is used, should be directed away from the work place. 6.15.4 In case of motor driven compressor, the body of the motor as well as the compressor to be

properly earthed. 6.15.5 The hoses used for compressed air should be of proper quality, and health of the same to be

ensured through regular check/ test. 6.15.6 The operator of sand/shot blasting/painting should wear suitable PPE's including mask. 6.15.7 Adequate measures to be taken to suppress dust/spray particle. 6.15.8 Sand used for sand blasting should be suitably covered & protected from to rain/moisture. 6.15.9 When these activities are done in confined places, adequate measure to be taken for proper

ventilation. 6.16 WORK ABOVE WATER 6.16.1 General Provisions

i) Where work is done over or in close proximity to water & where possibility of drowning exists, provision should be made for:

a) Preventing workers from falling into water;

b) The rescue of workers in danger of drowning;

c) Safe and sufficient transport.

ii) Provisions for the safe performance of work over or in close proximity to water should

include, where appropriate, the provision and use of suitable and adequate:

a) fencing, safety nets and safety harnesses;

b) lifebuoys, life jackets and manned boats;

c) protection against such hazards as reptiles and other animals.

iii) Gangways, pontoons, bridges, footbridges and other walkways or work places over water should:

a) possess adequate strength and stability;

b) be sufficiently wide to allow safe movement of workers;

c) have level surfaces free from tripping hazards;

d) be adequately lit when natural light is insufficient;

e) where practicable and necessary, to prevent danger, be provided with toe-boards, guard rails, hand ropes etc.

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f) be secured to prevent dislodgment by rising water or high winds;

g) if necessary, be equipped with ladders which should be sound, of sufficient strength and length and be securely lashed to prevent slipping.

iv) All deck openings including those for buckets should be fenced.

6.16.2 Rescue & Emergency procedures

i) Persons who work over water should be provided with some form of buoyancy aid. Life jackets should provided sufficient freedom of movement, have sufficient buoyancy to bring persons to the surface and keep them afloat face upwards, be easily secured to the body, be readily visible by way of self luminous paint/strip.

ii) Nobody should work alone on or above water.

iii) Each worker should be trained in the procedure to be followed in the event of an

emergency. 7.0 ADDITIONAL SAFETY PRECAUTION FOR UNITS WITH HYDROCARBONS

In addition to general safety precautions as outlined above for the activities in Clause 6.0, following additional safety precautions need to be taken for the sites within the operating area or nearby, where presence of Hydrocarbons cannot be ruled out.

i) No job shall be carried out without a valid permit. Permit should be in line with OISD-STD-105 "Work Permit System".

ii) Smoking should be prohibited in all places containing readily combustible or flammable

materials and "No Smoking" notices be prominently displayed.

iii) In confined spaces and other places where flammable gases, vapours or dusts can cause danger, following measures should be taken:

(a) only approved type electrical installations and equipment, including portable

lamps, should be used;

(b) there should be no naked flames or source of ignition;

(c) oily rags, waste and clothes or other substances liable to spontaneous ignition should be removed without delay to a safe place;

(d) ventilation should be provided.

iv) Regular inspections should be made of places where there are fire risks. These

include the vicinity of heating appliances, electrical installations and conductors, stores of flammable and combustible materials, welding and cutting operations.

v) Welding, flame cutting and other hot work should only be done after issuance of work

permit in line with the requirement of OISD-STD-105 after appropriate precautions, as required, are taken to reduce the risk of fire. For carrying out other jobs also, OISD-STD-105 should be followed strictly.

vi) Fire-extinguishing equipment should be well maintained and inspected at suitable

intervals by a competent person. Access to fire-extinguishing equipment such as hydrants, portable extinguishers and connections for hoses should be kept clear at all times.

vii) All supervisors and a sufficient number of workers should be trained in the use of fire-

extinguishing equipment, so that adequate trained personnel are readily available during all working periods.

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viii) Audio means to give warning in case of fire should be provided where this is

necessary to prevent danger. Such warning should be clearly audible in all parts of the site where persons are liable to work. There should be an effective evacuation plan so that all persons are evacuated speedily without panic and accounted for and all plant and processes shut down.

ix) Notices should be posted at conspicuous places indicating:

(a) the nearest fire alarm; (b) the telephone number and address of the nearest emergency services.

x) The work site shall be cleared of all combustible materials, as Sparks and molten metal

coming from the welding job can easily ignite combustible materials near or below the welding site. If the combustible materials cannot be removed from the area, the same shall be properly shielded.

xi) A dry chemical type fire extinguisher shall be made available in the work area. Also fire

protection facilities like running hoses etc. as per permit should be complied with.

xii) Wherever required, welding screens shall be put up to protect other equipment in adjoining areas against flying sparks. Material used should be metal/asbestos/water curtain.

xiii) Welding or cutting of vessels/ equipments used in Hydrocarbon/ hazardous chemicals

shall be done after proper gas freeing and verifying the same with the explosive-meter.

xiv) The confined space/equipment shall be gas freed and cleaned.

xv) Absence of any toxic gas and any flammable gas above explosion limit shall be ensured with the help of gas detection instrument and explosive meter respectively.

xvi) Used and hot electrode stubs shall be discarded in a metal bucket.

xvii) Use approved and certified flame arrestors for vehicles.

xviii) Work permit to be obtained, if construction work is carried out within existing operating

area. 8.0 FIRST AID

First aid facilities should be provided in line with various statutory regulations like factory act etc. However following care should be taken:

i) First aid, including the provision of trained personnel should be ensured at work sites.

Arrangement should be made for ensuring the medical attention of the injured workers. First aid box should be as per the Factory rules.

ii) Suitable rescue equipment, like stretchers should be kept readily available at the

construction site.

iii) First-aid kits or boxes, as appropriate and as per statutory requirements, should be provided at workplaces and be protected against contamination by dust, moisture etc.

iv) First-aid kit or boxes should not keep anything besides material for first aid in

emergencies.

v) First-aid kits and boxes should contain simple and clear instructions to be followed, be kept under the charge of a responsible person qualified to render the first aid and be regularly inspected and stocked.

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vi) Where the work involves risk of drowning, asphyxiation or electric shock, first-aid personnel should be proficient in the use of resuscitation and other life saving techniques and in rescue procedures.

vii) Emergency telephone numbers of nearby Hospitals, Police, Fire Station and

Administration should be prominently displayed. 9.0 DOCUMENTATION

The intention of keeping documentation of all types of accident(s) is to prevent recurrence of similar accident(s). All accidents should be reported as per OISD Guidelines (OISD-GDN-107) and Factories act, 1948. All accidents (major, minor or near miss) should be investigated, analysed and recommendations should be documented along with implementation status. All related data should be well-documented and further analysis highlighting the major cause(s) of accidents be done. This will help in identifying thrust areas and training needs for prevention of accidents.

10.0 SAFETY AWARENESS & TRAINING Safety awareness to all section of personnel ranging from site-in-charge to workmen helps not only preventing the risk but also build up the confidence. Time and expenditures also get saved as a result. Safety awareness basically seeks to persuade/inform people on safety besides supplementing skill also. Awareness programme may include followings:

i) Poster: Posters with safety slogan in humorous, gruesome demonstrating manner may be used to discourage bad habits attributable to accidents by appealing to the workers' pride, self-love, affection curiosity or human aspects. These should be displayed in prominent location(s).

ii) Safety Sign Boards: Different type of message of cautioning, attention, notice etc.

should be displayed at the appropriate places for learning/ awareness of the workmen while working at site.

iii) Films & Slides: Film(s) narrating the accident including the causes and possible

remedial ways of preventing the recurrence of a similar accident should be displayed at regular intervals. Slides consisting main points of the film show may also be shown to workers.

iv) Talks, lectures & conferences: The success of these events would depend much on

audience's understandings of the speaker (s). The speakers are to be knowledgeable and good presenter. Speakers should know to hold the attention and to influence the audiences.

v) Competitions: Organise competition(s) between the different deptts/categories of

workers. The sense of reward/recognition also will improve safety awareness and result in enhancing safety levels.

vi) Exhibitions: Exhibitions also make the workers acquainted with hazards and means of

preventive measures.

vii) Safety Publication: Safety publications including pocket books dealing with ways of investigation and prevention in the field of safety and so on, may be distributed to workers to promote the safety awareness.

viii) Safety Drives: From time to time, an intensive safety drive by organising a safety day or

a safety week etc. should be launched.

ix) Training: Training for covering the hazards for different trade should be imparted. Training should also include the specific hazards related to a job in addition to the general safety training as has been dealt in various chapters and should include all workers. Reference may be drawn from OISD-STD-154.

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11.0 REFERRENCES

i) Factory Act, 1948 ii) Indian Electricity Rules

iii) Safety & Health in Construction by ILO iv) The Building & Other Construction Workers (Regulation, Employment and Conditions

of Service) 1996

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ANNEXURE I LIST OF SAFETY CODES FOR CIVIL WORKS PUBLISHED BY BUREAU OF INDIAN STANDARDS Sr.No Code No. Title 01. IS: 818 Code of Practice for Safety and Health Requirements in Electric and Gas Welding and Cutting Operations - First Revision. 02. IS: 875 Code of practice for Structural safety of buildings: Masonry walls 03. IS: 933 Specification for Portable Chemical Fire Extinguisher, Foam Type - Second Revision. 04. IS: 1179 Specification for Equipment for Eye and Face Protection during

Welding - First Revision. 05. IS: 1904 Code of practice for Structural safety of buildings: Shallow foundations 06. IS: 1905 Code of practice for Structural safety of buildings: Masonry walls 07. IS: 2171 Specification for Portable Fire Extinguishers, Dry Powder Type -

Second Revision. 08. IS: 2361 Specification for Building Grips - First Revision. 09. IS: 2750 Specification for Steel Scaffoldings. 10. IS: 2925 Specification for Industrial Safety Helmets - First Revision. 11. IS: 3016 Code of Practice for Fires Precautions in Welding and Cutting Operations - First Revision. 12. IS: 3521 Industrial safety belts and harnesses 13. IS: 3696 - Part I Safety Code for Scaffolds and Ladders : Part I - Scaffolds. 14. IS: 3696 - Part II Safety Code for Scaffolds and Ladders : Part II - Ladders. 15. IS: 3764 Safety Code for Excavation Work. 16. IS: 4014 -Part I & II Code of practice for Steel tubular scaffolding 17. IS: 4081 Safety Code for Blasting and Related Drilling Operations. 18. IS: 4082 Recommendations on staking and storage of construction materials at site 19. IS: 4130 Safety Code for Demolition of Buildings - First Revision. 20. IS: 4138 Safety Code Working in Compressed Air-First Revision 21. IS: 4756 Safety code for Tunneling works 22. IS: 4912 Safety requirements for Floor and Wall Openings, Railings and toe Boards - First Revision. 23. IS: 5121 Safety Code for Piling and other Deep Foundations. 24. IS: 5916 Safety Code for Construction involving use of Hot Bituminous Materials. 25. IS: 5983 Specification for Eye Protectors - First Revision.

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Sr.No Code No. Title 26. IS: 6922 Structures subject to underground blasts, criteria for safety and design of 27. IS: 7155 Code of recommended practices for conveyor safety 28. IS: 7205 Safety Code for Erection on Structural Steel Works. 29. IS: 7069 Safety Code for Handling and Storage of Building Materials. 30. IS: 7293 Safety Code for Working with Construction Machinery. 31. IS: 7323 Guidelines for operation of Reservoirs 32. IS: 7969 Safety code for handling and storage of building material 33. IS: 8758 Recommendation for Fire Precautionary Measures in construction of Temporary Structures and Pandals. 34. IS: 8989 Safety Code for Erection of Concrete Framed Structures. 35. IS : 9706 Code of Practices for construction of Arial ropeways for transportation of material 36. IS : 9759 Guidelines for de-watering during construction

37. IS : 9944 Recommendations on safe working load for natural and man-made

fibre roap slings 38. IS: 10291 Safety code for dress divers in civil engineering works 39. IS: 10386 - Part I Safety Code for Construction, Operation and Maintenance for River Valley Projects. 40. IS: 10386 - Part II Safety Code for Construction, Operation and Maintenance of River

Valley Projects. 41. IS: 11057 Code of practice for Industrial safety nets 42. IS: 13415 Code of Practice on safety for Protective barriers in and around

building 43. IS : 13416 Recommendations for preventive measures against hazards at

working places

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Indian Strategic Petroleum Reserves Limited Drilling Works Special Conditions of Contract (Job No.6936) Page 1 of 19

SPECIAL CONDITIONS OF

CONTRACT

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SPECIAL CONDITIONS OF CONTRACT

CONTENTS

1.0 GENERAL .................................................................................................. 3 2.0 TIME SCHEDULE .................................................................................... 3 3.0 MEASUREMENT OF WORKS ............................................................... 3

4.0 CONSTRUCTION WATER & POWER SUPPLY ................................ 3 5.0 ROYALTY, CESS, TAXES AND DUTIES ............................................ 3 6.0 TERMS OF PAYMENT …………………………………………………6 7.0 INDIRECT OR CONSEQUENTIAL LOSS: .......................................... 7

8.0 INSURANCE POLICIES .......................................................................... 7 9.0 DEFECT LIABILITY PERIOD ............................................................... 7 11.0 EMPLOYMENT OF LOCAL LABOUR .................................................. 7

12.0 CONTRACTOR'S LABOURERS TO LEAVE SITE ON

COMPLETION OF THE WORK ......................................................... 8 13.0 PROVIDENT FUND .................................................................................. 8 14.0 SINGLE POINT RESPOSIBILITY ............................................................ 8

15.0 SECURITY DEPOSIT / PERFORMANCE GUARANTEE DEPOSIT 8 16.0 PENALTY CLAUSE ................................................................................... 8

17.0 GOVERNING LAWS & JURISDICTION ................................................ 9 18.0 CONTRACT AGREEMENT ...................................................................... 9 19.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT . 9

20.0 CONSTRUCTION EQUIPMENT ............................................................. 9

21.0 SITE ORGANISATION ............................................................................... 9

22.0 SITE CLEANING ......................................................................................... 9 23.0 TESTS AND INSPECTION OF WORKS .................................................. 9

24.0 FINAL INSPECTION ................................................................................ 10 25.0 ABNORMALLY HIGH RATES (AHR ITEMS)..................................... 11 26.0 ADDITIONAL WORKS/ EXTRA WORKS ........................................... 11 27.0 COMPUTERISED CONTRACTOR'S BILLING SYSTEM ................. 11

28.0 FIRM PRICE ……………………………………………………………12

APPENDIX-1 TO SCC - TIME SCHEDULE ..................................................... 14 APPENDIX-2 TO SCC – MEASUREMENT OF WORKS……………………15

APPENDIX – 3 TO SCC – INTEGRITY PACT ................................................ 16

APPENDIX-3 TO SCC – INTEGRITY PACT

APPENDIX-4 TO SCC – PLANNING, SCHEDULING, MONITORING

APPENDIX-5 TO SCC – QUALITY MANAGEMENT SYSTEM

APPENDIX-6 TO SCC – HEALTH, SAFETY AND ENVIRONMENT

MANAGEMENT

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1.0 GENERAL

1.1

1.2

These Special Conditions of Contract shall be read in conjunction with the General Conditions of Contract, Instructions to Bidders, specifications of work, drawings and any other document forming part of this Contract wherever the context so requires.

In case of irreconcilable conflict between relevant Indian standards, GCC, Special Conditions of Contract, Specifications, Drawings and Schedule of Rates, the following shall prevail to the extent of such irreconcilable conflict, in order of precedence:

i) Detailed Letter of Acceptance (along with Statement of Agreed Variations, if any) and its enclosures such as Schedule of Rates, Labour Rates, etc. ii) Letter/Fax of Acceptance iii) Instructions to Bidders iv) Special Conditions of Contract v) General Conditions of Contract vi) Job/Particular Specifications vii) Drawings viii) Technical/Material Specifications

ix) Indian Standards

2.0 TIME SCHEDULE

2.1 The Work shall be executed within the Time Schedule given in Appendix -1 to these Special Conditions of Contract.

3.0 MEASUREMENT OF WORKS

The work shall be measured in accordance with provisions of Appendix-2 to SCC.

4.0 CONSTRUCTION WATER & POWER SUPPLY

4.1

Clause 3.4.0.0 of the General conditions of Contract and its sub-clauses shall be modified as follows :

4.1.1 No Power shall be provided to the CONTRACTOR by OWNER. It shall be the responsibility of the CONTRACTOR to arrange for and provide all required construction power at his own cost for execution of work. All the works related to laying of cable etc. for construction power shall be arranged by CONTRACTOR at his own cost.

4.1.2 Land for site office and residential accommodation shall not be provided by ISPRL.

5.0 ROYALTY, CESS, TAXES AND DUTIES

5.1 Royalty 5.1.1 All royalties etc., as may be required for this work to be arranged by Contractor

shall be deemed to have been included in the quoted prices.

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5.1.2 Contractor's quoted rates should include the royalty on different applicable items as per the prevailing State Government rates. In case, ISPRL is able to obtain the exemption of royalty from the State Government, the Contractor shall pass on the same to ISPRL for all the items involving royalty. Any increase in prevailing rate of royalty etc. shall be borne by the Contractor at no extra cost to ISPRL.

5.2 Building and Other Construction Worker’s Act

5.2.1 In order to govern welfare and working conditions of labourers engaged in

construction activities, the Building and other Construction Workers’ (Regulation of Employment and Conditions of Service “RE&CS”) Act, 1996 came into force. RE&CS Act’1996 is applicable in respect of building and other construction work. Wherever applicable, The CONTRACTOR shall strictly comply with the following provisions pertaining to RE&CS Act’1996. a. The Contractor must be registered with the concerned authorities under

the Building and Other Construction Workers’ (RE&CS) Act, 1996 or in case of non-registration; the Contractor should obtain registration within one month of the award of contract.

b. The Contractor shall be responsible to comply with all provisions of the Building and Other Construction Workers’ (RE&CS) Act, 1996, the Building and Other Construction Workers’ Welfare Cess Act, 1996, the Building and other Construction Workers’ (RE&CS) Rules, 1998 and the Building and Other Construction Workers Welfare Cess Rules, 1998.

c. Cess as per the prevailing rate, shall be deducted at source from bills of

the Contractor by the Engineer-in-Charge/ OWNER of the contract and remitted to the “Secretary, Building and Other Construction Workers Welfare Board” of the concerned State. The Contractor shall be responsible to submit final assessment return of the cess amount to the assessing officer after adjusting the cess deducted at source.

5.3 Taxes and Duties 5.3.1 The quoted prices shall be deemed to be inclusive of all taxes & duties (including

but not limited to VAT, VAT on Works Contract Tax, Central Sales Tax, Excise Duty, Service Tax, Entry Tax, Octroi) and levies etc. with respect to CONTRACTOR’s scope of work/ scope of supply till the completion of the work.

5.3.2 OWNER is eligible to claim CENEVAT benefits for the Cenvatable component of (i) Excise Duty (ED) on Indigenous goods, and (ii) Service Tax on Services. The Cenvat credit can be availed only on the goods and services provided by the CONTRACTOR which are eligible for cenvat credit as per Act. CONTRACTOR shall take a note of this and submit their offer accordingly. CONTRACTOR shall be required to submit all valid necessary supporting documentary evidences for the above taxes and duties to enable OWNER to claim relevant benefits / reimbursements.

5.3.3 OWNER shall claim Input Tax Credit (ITC) of Karnataka VAT on supply of materials which are eligible for Input Tax Credit as per Karnataka VAT act. The input tax credit amount shall be paid to CONTRACTOR upon production of all relevant documents necessary to claim Input Tax Credit

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by OWNER on supply of materials which are eligible for Input Tax Credit as per VAT act and OWNER is able to take VAT Credit in accordance with the provisions of VAT Act and Bidding Document. CONTRACTOR shall submit all Kanataka Vat paid challans to ISPRL before submission of pre-final RA bill.

5.3.4 Any new taxes/ duties levied/ imposed after the submission of last/ final price bid but before the contractual date of completion work shall be to Owner’s account.

5.3.5 No concessional form shall be issued to Contractor for Interstate or Intrastate Sales.

5.3.6 ISPRL will not issue road permit, Contractor shall be required to arrange on their own for transportation of materials to Project Site.

5.3.7 Any statutory variation on excise duty, central sales tax, Karnataka VAT on finished goods sold and supplied to OWNER and service tax, imposed after the submission of last/ final price bid but before the contractual date of completion work shall be to Owner’s account.

5.4 VAT on Works Contract

5.4.1 Deduction towards VAT on works contract according to provisions of existing State Sales Tax Laws shall be made from Contractor’s bill at rate(s) notified from time to time. The Contractor shall obtain further information in this respect from the Commissioner of Sales Tax. A certificate for VAT on works contract deducted at source by Owner shall be provided to Contractor in accordance with applicable State Sales Tax Act.

5.4.2 Tax leviable on Works Contract shall be deducted by the OWNER at the rate(s)

prescribed under the Sales Tax law applicable in the State from payments made to the CONTRACTOR.

5.4.3 It will be for the CONTRACTOR to get assessed and obtain from Sales Tax

Authorities concerned the refund available to the CONTRACTOR on the deposit made by the OWNER on account of the Sales Tax deducted by the OWNER from payments made by the OWNER .

5.4.4 No variations, Statutory or otherwise shall be payable by OWNER to the

CONTRACTOR for VAT on Works Contract. 5.5 Custom Duty on Construction Equipments 5.5.1 Contractor is liable to pay custom duty (if applicable) on the construction

equipments brought into India for executing the project. The Contractor shall be fully liable for observing all the formalities in this regard as well as to pay the custom duty chargeable on the equipments, including any deposit payable for such purposes. No adjustment in contracted rates shall be permissible for any change in duty drawback applicable in respect of equipment & machinery brought in India for the use of the project and for re-export of equipment and machinery, on completion of the works covered under this contract.

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5.5.2 If the Custom Authorities require the Contractor to furnish a bond to secure payment of any custom duty in respect of any import and that such Bond shall be furnished by the Owner, the Owner may at the request of the Contractor furnish the said Bond against the Contractor furnishing a Bank Guarantee to the Owner, of the like amount in the form and from a Bank in India approved by the Owner.

5.5.3 If for any reason the Owner is required by the Customs Authorities to pay any

customs duty due to the importation or retention by the Contractor of any imports, the Contractor shall forthwith on demand by the Owner pay the same to the Owner, with the right in the Owner (without prejudice to any other mode of recovery or right of the Owner) to deduct the same from the on account and other payments due and/or becoming due or payable to the Contractor from time to time. The payments under such a case shall be subject to submission of Bank Guarantee from a Bank approved by Owner, by the Contractor in favour of the Owner for an amount equivalent to amount of custom duty.

5.6 Income Tax

5.6.1 The CONTRACTOR shall be exclusively responsible and liable to pay all income

taxes on any payments arising out of the Contract, whether payable in India or in any other jurisdiction.

5.6.2 The statutory deduction for Income Tax and surcharge will be made from

CONTRACTOR’S bills at applicable rates prevailing from time to time.

6.0 TERMS OF PAYMENT

6.1 Progress Payments shall be released to Contractor against monthly running account bills duly certified by Engineer-in-charge after affecting the necessary deductions/. The basis for payment against various items shall be below:

90% on completion of work as certified in progress bill.

10% on completion of all works in all respects and issuance of completion certificate.

6.2 PAYMENT METHODOLOGY

6.2.1 The contractor shall raise invoices on fortnightly basis. Contractor shall enclose all documents as per check list issued by PMC/ISPRL including during kick off meeting.

6.2.2 The payments to the Contractor will be released within a period of 30 days from the date of receipt of the complete invoice as per the terms and conditions of the Contract.

6.2.3 Further break-up of Lumpsum Prices, if deemed necessary for any progressive payment of individual item may be mutually arrived at between Engineer-in-Charge and the Contractor.

6.2.4 All payments against running bills are advance against the work and shall not be taken as final acceptance of work / measurement carried out till the final bill.

In addition to other requirements specified in the Bidding Document, CONTRACTOR shall

submit to the office of the Consultant six hard copies of the critical drawings (agreed during

the Kick-Off meeting) requiring approval of the OWNER.

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7.0 INDIRECT OR CONSEQUENTIAL LOSS:

The CONTRACTOR shall not be liable for loss of use of any part (or full) of the works or for loss of production, loss of profit or other indirect or consequential loss or any like damage which may be suffered by the OWNER in connection with the Contract.

8.0 INSURANCE POLICIES

The Contractor shall at his own cost and initiative take out and maintain at all times until the close out of the Contract, insurance policies as mentioned in General Conditions of Contract and also in respect of workmen engaged by him for providing services under this Contract, in order to keep himself as well OWNER fully indemnified from and against all claims whatsoever including but not limited to those arising out of the provisions contained in Workmen's Compensation Act, 1923. Should the Contractor fail to take out and/or keep afoot insurance as provided for in the foregoing paragraph, OWNER shall be entitled (but without any obligation to do so) to take out and/or keep afoot such insurance at the cost and expense of the Contractor and without prejudice to any other rights or remedies of OWNER in this behalf, to deduct the sum(s) incurred thereof from any amounts due to the Contractor.

9.0 DEFECT LIABILITY PERIOD

Refer clause no. 5.6.1.0 of General Conditions of Contract. In partial modification to clause no. 5.6.1.0 of GCC, the defect liability period shall be 6 months from the date of completion of work, accepted by Engineer-in-Charge. During this period the Contractor shall, at his own cost, be liable to rectify all defects of workmanship and replace defective/inferior quality materials supplied by him.

10.0 MODIFICATIONS TO GCC

10.1 The General Conditions of Contract to the following extent:

10.2 “Owner” shall mean Indian Strategic Petroleum Reserves Limited (ISPRL), a subsidiary of Oil Industry Development Board (OIDB) under Ministry of Petroleum & Natural Gas, a company incorporated in India and having its registered office at 301, World Trade Centre, Babar Road, New Delhi-110 001 and shall include its successors and assigns.

10.3 “Engineer-in-Charge/ PMC” shall mean Engineers India Ltd., a company incorporated in India and having its registered Office at EI Bhawan, 1, Bhikaiji Cama Placed, New Delhi-110 066 (India) and shall include its successors and assigns.

10.4 The word “Licensor” appearing anywhere in the Bidding Document shall be replaced by the word “PMC”.

11.0 EMPLOYMENT OF LOCAL LABOUR

11.1 The CONTRACTOR shall ensure that local labour, skilled and/or unskilled, to the

extent available shall be employed in this work. In case of non-availability of suitable

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labour in any category out of the above persons, labour from outside may be employed.

11.2 The CONTRACTOR shall not recruit personnel of any category from among those who are already employed by the other agencies working at site but shall make maximum use of local labour available.

12.0 CONTRACTOR'S LABOURERS TO LEAVE SITE ON COMPLETION OF THE WORK

12.1 The labourers of CONTRACTOR must leave the location of the Refinery/township/project site after the work is tapered off/ completed.

13.0 PROVIDENT FUND

13.1 The CONTRACTOR shall strictly comply with the provisions of Employees Provident Fund Act and register the establishment with the concerned Regional Provident Fund Commissioner before commencing the work. The CONTRACTOR shall deposit “Employees” and “Employers” contributions in the designated account with the designated Authority every month. The CONTRACTOR shall furnish along with each running bill, the challan/ receipt for the payment of provident fund made to the RPFC for the preceding month(s).

13.2 In case the Provident Fund Authority’s receipted challan referred to above is not furnished, the OWNER shall deduct 5% (five percent) of the payable amount from the CONTRACTOR’S running bill and retain the same as a security for the payment of the Provident Fund. Such retained amounts shall be refunded to the CONTRACTOR only on production of challan/ receipt of the Provident Fund Authority for the period covered by the related deduction.

14.0 SINGLE POINT RESPOSIBILITY

14.1 The entire work as per scope of work covered under this contract shall be awarded on single point responsibility basis.

15.0 SECURITY DEPOSIT / PERFORMANCE GUARANTEE DEPOSIT

The contractor shall within 10 (Ten) days of receipt of the notification of acceptance of the tender or letter of intent, shall remit the security deposit of amount equivalent to 10% of the Contract value to ISPRL. The security deposit shall be in the form of Bank Draft/Pay Order/Bank Guarantee from a Scheduled Bank / Nationalized Bank valid upto six (6) months after Contract period and the same shall be released after six month from the date of completion of the work.

16.0 PENALTY CLAUSE

Owner shall reserve the right to impose cash penalty on the contractor and deduct such amount from his bills or Security Deposit in case Owner is put to any financial loss of any nature whatsoever, directly or indirectly by any of the contractor's personnel or by the contractor.

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17.0 GOVERNING LAWS & JURISDICTION

The terms and provisions of this Contract shall be governed and interpreted in accordance with the laws of India in force and is subjected to and referred to the court of law located at New Delhi which shall have exclusive jurisdiction.

18.0 CONTRACT AGREEMENT

The successful Bidder shall be required to execute a Contract Agreement with ISPRL as per proforma attached in the Bidding. Document on the non-judicial stamp paper of appropriate value (Minimum Rs. 100/-) to be purchased from Delhi. The cost of stamp paper shall be borne by successful Bidder.

19.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT

The Contractor shall adhere to the Health, Safety and Environment (HSE) management system enclosed in Bidding Document. The CONTRACTOR shall establish document and maintain an effective Health, Safety and Environment (HSE) management system. In case CONTRACTOR fails to follow the instructions of Engineer-in-charge with respect to above clauses, next payment due to him shall not be released till CONTRACTOR complies with the instructions to the full satisfaction of Engineer-in-charge.

20.0 CONSTRUCTION EQUIPMENT

The Contractor shall without prejudice to his overall responsibilities to execute and complete the work as per the specifications and time schedule, progressively deploy CONSTRUCTION EQUIPMENTS including tools, tackles, and further augment the same depending on the exigencies of work and as decided by the Engineer-in-Charge so as to suit the construction schedule within scheduled completion date without any additional cost to Owner.

21.0 SITE ORGANISATION

The Contractor shall submit the details of organization proposed by him at site of work for the implementation of the works under the Contract, together with bio data of the key personnel. The Contractor shall however without prejudice to his overall responsibility to execute and complete the works as per specifications and time schedule progressively deploy adequate qualified and experienced personnel together with skilled / unskilled manpower and augment the same as decided by Engineer-in-Charge depending on the exigencies of work to suit the construction schedule without any additional cost to Owner.

22.0 SITE CLEANING

The CONTRACTOR shall clean and keep clean the work site from time to time to the satisfaction of the Engineer- in-Charge for easy access to work site and to ensure safe passage, movement and working. The Contractor shall also clean the work site to the satisfaction of Engineer-in-Charge before handing over. No extra payment shall be paid on this account. The rates quoted in SOR are deemed to be inclusive of all the costs towards all the above activities as well.

23.0 TESTS AND INSPECTION OF WORKS

The CONTRACTOR shall carry out the various tests as enumerated in the bidding document and as per direction of Engineer-in-charge either on field or

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outside/ laboratories concerning the execution of work and supply of the material by CONTRACTOR. All the expenses shall be borne by the CONTRACTOR and shall be considered as included in the quoted price. The inspection shall be done by followings: i. Representative deputed by Engineer-in-charge. ii. Representative deputed by Statutory Authority CONTRACTOR shall give prior notice sufficiently ahead of time to the Engineer-in-charge and also to the authorities to conduct inspection/ to witness such tests.

All the tests either on the field or at outside laboratory concerning the execution of the work and supply of materials by the CONTRACTOR shall be carried out by the CONTRACTOR at his own cost.

The work is subject to inspection at all times by the Engineer-in-charge. The CONTRACTOR shall carry out all instructions given during inspection and shall ensure that the work is being carried out according to the technical specifications of this bidding document, the technical documents that will be furnished to him during performance of work and the relevant codes of practice furnished to him during the performance of the work. The CONTRACTOR shall provide for purposes of inspection, access ladders, lighting and necessary instruments at his own cost including Low Voltage (24V) lighting equipment for inspection of work. Compressed air for carrying out works shall be arranged by the CONTRACTOR at his own cost. Any work not conforming to the execution drawings, specifications or codes shall be rejected forthwith and the CONTRACTOR shall carry out the rectifications at his own cost. All results of inspection and test will be recorded in the inspection reports, proforma of which will be approved by the Engineer-in-charge. These reports shall form part of the Completion Documents. For materials supplied by OWNER, CONTRACTOR shall carryout the tests, if required by the Engineer-in-charge, and the cost of such tests shall be reimbursed by the OWNER at actual to the CONTRACTOR on production of documentary evidence. Inspection and acceptance of the work shall not relieve the CONTRACTOR from any of his responsibilities under this contract. Cost towards repeat tests and inspection due to failures, repairs etc. for reasons attributable to the CONTRACTOR shall be borne by the CONTRACTOR.

Various tests as specified in specifications shall be carried out to the entire satisfaction of OWNER/EIL.

24.0 FINAL INSPECTION

After completion of all tests as per specification the whole work will be subject to a final inspection to ensure that job has been completed as per requirement. If any defects noticed in the work attributable to CONTRACTOR, these shall be attended by the CONTRACTOR at his own cost, as and when they are brought to his notice by the EIL/ OWNER. EIL/ OWNER shall have the right to have these

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defects rectified at the risk and cost of the CONTRACTOR if he fails to attend to these defects immediately.

25.0 ABNORMALLY HIGH RATES (AHR ITEMS)

In item rate contract where the quoted rates for the items exceed 150% (One hundred fifty percent) of the OWNER’s estimated rates, such items will be considered as Abnormally High Rates Items (AHR) and payment of AHR items beyond the contracted quantities shall be made at the least of the following rates:

1. Rates as per SOR, quoted by the CONTRACTOR.

2. Rate of the item, which shall be derived as follows:

a) Based on rates of machine, materials and labour as available from

the contract (which includes CONTRACTOR’s supervision, profit, overheads and other expenses).

b) In case rates are not available in the contract, rates will be

calculated based on prevailing market rates of machine, material and labour plus 15% (fifteen percent) to cover CONTRACTOR’s supervision profit, overhead & other expenses.

The CONTRACTOR shall obtain prior permission from OWNER/Engineer-In-Charge before executing the excess quantities of these Item(s) of SOR, in case the quantities against such items exceed the specified quantities mentioned in SOR during execution of work.

26.0 ADDITIONAL WORKS/ EXTRA WORKS

OWNER reserves their right to execute any additional works/ extra works, during the execution of work, either by themselves or by appointing any other agency, even though such works are incidental to and necessary for the completion of works awarded to the CONTRACTOR. In the event of such decisions taken by OWNER, CONTRACTOR is required to extend necessary cooperation, and act as per the instructions of Engineer-in-Charge. This is without prejudice to the rights of the OWNER to get the additional works/ extra works executed by the CONTRACTOR.

27.0 COMPUTERISED CONTRACTOR'S BILLING SYSTEM

27.1 Without prejudice to stipulation in General Conditions of Contract, CONTRACTOR should follow following billing system:

27.2 The bills will be prepared by the CONTRACTOR on their PCs as per the standard formats and codification scheme proposed by OWNER/ PMC. The CONTRACTOR will be provided with data entry software to capture the relevant billing data for subsequent processing. The CONTRACTOR will submit these data to OWNER/PMC in an electronic media along with the hard copy of the bill, necessary enclosures and documents. The CONTRACTOR will also ensure the correctness and consistency of data so entered with the hard copy of the bill submitted for payment.

27.3 OWNER/PMC will utilise these data for processing and verification of bill of the CONTRACTOR.

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28.0 FIRM PRICE

The contract price shall remain firm and fixed till the completion of work in all respect.

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APPENDIX – 1 TO SCC

TIME SCHEDULE

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APPENDIX-1 TO SCC - TIME SCHEDULE

DESCRIPTION OF WORK TIME OF COMPLETION DRILLING WORKS IN CRUDE STORAGE FACILITIES

AT MANGLORE OF M/S ISPRL BIDDING DOCUMENT NO. SK/6936-000-CQ-TN-7200/1000

45 (Forty Five) days from the date

of issue of Fax of Acceptance

Note: 1. The time of completion shall be reckoned from the date of notification of award,

i.e. date of issue of Fax of Acceptance.

______________________________ SIGNATURE AND SEAL OF BIDDER

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APPENDIX – 2 TO SCC – MEASUREMENT OF WORKS

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MEASUREMENT OF WORKS 1.0 GENERAL 1. The mode of measurement shall be as mentioned in technical specification. 2. Payment will be made on the basis of joint measurements taken by Contractor and certified by EIL. Measurement shall be based on "Approved for Construction" drawings, to the extent that the work conforms to the drawings and details are adequate. 3. Wherever work is executed based on instructions of Engineer-in-Charge or details are not adequate in the drawings, physical measurements shall be taken by Contractor in the presence of Engineer-in-Charge. 4. No other payment either for temporary works connected with this Contract shall be made. Such items shall be deemed to have been included for in the rates quoted. 5. Measurements will be made for various items under schedule of rates on the following basis as indicated in the unit column.

i) Weights MT or Kg ii) Length M (Metre) iii) Number No. iv) Volume Cu.M v) Area Sq.M

6. Wherever the unit of items has been indicated as lump sum, the payment shall be made on lump sum basis on completion & no mode of measurement shall be applicable. 7. All further mode of measurements not covered in above clauses shall be measured in accordance with relevant BIS codes/ Schedule of Rates/ Specifications etc. and/ or as decided by EIL/ISPRL.


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APPENDIX – 3 TO SCC – INTEGRITY PACT

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To be executed on plain paper and submitted along with Technical Bid)

Tender no. :

INTEGRITY AGREEMENT

This Integrity Agreement is made at……… on this day of………. ……………… 2015.

BETWEEN Indian Strategic Petroleum Reserves Ltd.( ISPRL) registered in India under the

Indian Companies Act 1956 having registered office at 301,World trade centre ,3rd floor

,Babar Road New Delhi -110001 (hereinafter referred as the Principal/Owner, which

expression shall unless repugnant to the meaning or context hereof include its successors

and permitted assigns)

And

……………....(name and address of the Individual/firm/Company/consortium members

through ……….(mention details of duly authorized signatory) hereinafter referred to as the

"Bidder/Contractor" and which expression shall unless repugnant to the meaning or context

hereof include its successors and permitted assigns.

Preamble

WHEREAS the Principal/Owner has floated a tender (Tender No. : )

(hereinafter

referred to as "Tender") and intends to award, under laid down organizational procedures,

contract/s purchase order/work order for (name of contract/order)or items covered under

the tender hereinafter referred to as the "Contract".

AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the

land, rules, regulations, economic use of resources and of fairness/transparency in its

relation with its Bidder(s) and Contractor(s).

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AND WHEREAS, in order to achieve these goals, the Principal/Owner has appointed

Independent External Monitors (IEM), to monitor the Tender process and the execution of

the Contract for compliance with the principles as laid down in this Agreement.

AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into

this Integrity Agreement (hereinafter referred to as "Integrity Pact" or "Pact"), the terms and

conditions of which shall also be read as integral part and parcel of the Tender documents

and Contract between the parties.

NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the

parties hereby agree as follows and this Pact witnesseth as under:

Article 1: Commitment of the Principal/Owner

1) The Principal/Owner commits itself to take all measures necessary to prevent corruption

and to observe the following principles:

a) No employee of the Principal/ Owner, personally or through any of his/her family

members, will, in connection with the Tender, or the execution of the Contract, demand,

take a promise for or accept, for self or third person, any material or immaterial benefit

which the person is not legally entitled to.

b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and

reason. The Principal/Owner will, in particular, before and during the Tender process,

provide to all Bidder(s) the same information and will not provide to any Bidder(s)

confidential / additional information through which the Bidder(s)could obtain an

advantage in relation to the Tender process or the Contract execution.

c) The Principal/Owner shall endeavor to exclude from the Tender process any person,

whose conduct in the past has been of biased nature.

2) If the Principal/Owner obtains information on the conduct of any of its employees which

is a criminal offence under the Indian Penal Code (IPC) /Prevention of Corruption Act,

1988 (PC Act) or is in violation of the principles herein mentioned or if there be a

substantive suspicion in this regard, the Principal/Owner will inform the Chief Vigilance

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Officer and in addition can also initiate disciplinary actions as per its internal laid down

policies and procedures.

Article 2-Commitments of the Bidder(s)/Contractor(s)

1) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his

participation in the Tender process and during the Contract execution:

a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,

promise or give to any of the Principal/Owner's employees involved in the Tender

process or execution of the Contract or to any third person any material or other benefit

which he/she is not legally entitled to, in order to obtain in exchange any advantage of

any kind whatsoever during the Tender process or during the execution of the Contract.

b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to

prices, specifications, certifications, subsidiary contracts, submission or non-submission

of bids or any other actions to restrict competitiveness or to cartelize in the bidding

process

c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act.

Further the Bidder(s)/Contractor(s) will not use improperly, (for the purpose of

competition or personal gain), or pass on to others, any information or document

provided by the Principal/Owner as part of the business relationship, regarding

plans, Technical proposals and business details, including information contained or

transmitted electronically.

d) The Bidder(S)/Contractor(s) of foreign origin shall disclose the names and

addresses of agents/ representatives in India, if any. Similarly

Bidder(S)/Contractor(s) of Indian Nationality shall disclose names and addresses of

foreign agents/representatives, if any. Either the Indian agent on behalf of the foreign

principal or the foreign principal directly could bid in a tender but not both. Further, in

cases where an agent participates in a tender on behalf of one manufacturer, he

would not be allowed to quote on behalf of another manufacturer along with the first

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manufacturer in a subsequent/ parallel tender for the same item. Copy of CVC

guidelines dated 21/4/2004 is annexed hereto as Annexure-VI.

e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose (with each tender

as per Performa enclosed) any and all payments he has made, is committed to or

intends to make to agents, brokers or any other intermediaries in connection with the

award of the Contract.

f) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences

outlined above or be an accessory to such offences.

Article 3. Disqualification from Tender Process and exclusion from future contracts

1) If the Bidder(s)/Contractor(s), either before award or during execution of Contract

has committed a transgression through a violation of Article 2 above or in any other

form, such as to put his reliability or credibility in question, the Principal/Owner is

entitled to disqualify the Bidder(s)/Contractor(s) from the Tender process or

terminate the Contract, if already executed or exclude the Bidder/ Contractor from

future contract award processes. The imposition and duration of the exclusion will be

determined by the severity of transgression and determined by the

Principal/Owner. Such exclusion may be for a period of 1 year to 3 years as per the

procedure prescribed in the guidelines for holiday listing of the Principal/Owner.

2) The Bidder/ Contractor accepts and undertakes to respect and uphold the

Principal/Owner's absolute right to resort to and impose such exclusion.

3) Apart from the above, the Principal/Owner may take action for banning of business

Dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/

Owner.

Article 4-Consequences of Breach

Without prejudice to any rights that may be available to the Principal/Owner underlaw or the

Contract or its established policies and laid down procedures, the Principal/Owner shall have

the following rights in case of breach of this Integrity Pact by the Bidder(/Contractor(s):

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1) Forfeiture of EMD/Security Deposit: If the Principal/Owner has disqualified the Bidder(s)

from the Tender process prior to the award of the Contract or terminated the Contract or has

accrued the right to terminate the Contract according to Article3, the Principal/Owner apart

from exercising any legal rights that may have accrued to the Principal/Owner, may in its

considered opinion forfeit the Earnest Money Deposit/ Bid-Security amount of the

Bidder/Contractor.

2) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or

Contractor , or of an employee or a representative or an associate of a Bidder or Contractor

which constitutes corruption within the meaning of PC Act, or if the Principal/Owner has

substantive suspicion in this regard, the Principal/Owner will inform the same to the Chief

Vigilance Officer.

Article 5- Previous Transgression

1) The Bidder declares that no previous transgressions occurred in the last 3 years with any

other Company in any country confirming to the anti-corruption approach or with any other

Public Sector Enterprise in India that could justify his exclusion from the Tender process.

2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the

Tender process or action can be taken for banning of business dealings/holiday listing of the

Bidder/ Contractor as deemed fit by the Principal/ Owner

3) If the Bidder/Contractor can prove that he has resorted \recouped the damage caused by

him and has installed a suitable corruption prevention system, the Principal/Owner may, at

its own discretion as per laid down organizational procedures, revoke the exclusion

prematurely.

Article 6- Equal Treatment of all Bidders/Contractors/Subcontractors

I) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact. The Bidder/Contractor shall be

responsible for any violation(s) of the principles laid down in this agreement/Pact by any

of its Sub-contractors,/ sub-vendors.

2) The Principal/Owner will enter into Pacts on identical terms as this one with all

Bidders and Contractors.

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3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact

between the Principal/Owner and the bidder, along with the Tender or violate its

provisions at any stage of the Tender process, from the Tender process.

Article 7-Independent External Monitor (IEM)

1) The Principal/Owner has appointed competent and credible Independent External

Monitor(s) (IEM) for this Pact. The task of the Monitor is to review independently and

objectively, whether and to what extent the parties comply with the obligations under

this Pact.

2) The IEM is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently. He reports to the CEO ISPRL.

3) The Bidder(s)/Contractor(s) accepts that the IEM has the right to access, without

restriction, to all Project documentation of the Principal/Owner including that

provided by the Contractor. The Contractor will also grant the IEM, upon his request

and demonstration of a valid interest, unrestricted and unconditional access to his or

any of his Sub-Contractor's project documentation. . The IEM is under contractual

obligation to treat the information and documents of the

Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.

4) In case of tenders having estimated value of Rs 50 lacs or more, the Principal/Owner

will provide to the IEM sufficient information about all the meetings among the

parties related to the Project and shall keep the IEM apprised of all the

developments in the Tender Process

5) As soon as the IEM notices, or believes to notice, a violation of this Pact, he will so

inform the Management of the Principal/Owner and request the Management to

discontinue or take corrective action, or to take other relevant action. The IEM can in

this regard submit non-binding recommendations. Beyond this, the IEM has no right

to demand from the parties that they act in a specific manner, refrain from action or

tolerate action.

6) The IEM will submit a written report to the CEO ISPRL.within 6 to 8 weeks from the

date of reference or intimation to him by the Principal/Owner and, should the

occasion arise, submit proposals for correcting problematic situations

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7) If the IEM has reported to the CEO ISPRL.a substantiated suspicion of an

offence under the relevant IPC/PC Act, and the CEO ISPRL.has not, within

reasonable time taken visible action to proceed against such offence or reported it to

the Chief Vigilance Officer, the IEM may also transmit the information directly to he

Central Vigilance Commissioner.

8) The word "IEM" would include both singular and plural.

Article 8- Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the Contractor

Vendor 12 months after the completion of work under the Contract or till the continuation of

defect liability period, which ever is more and for all other Bidders, till the Contract has been

awarded.

If any claim is made/lodged during the time, the same shall be binding and continue to be valid

despite the lapse of this Pact as specified above, unless it is discharged/determined by the

CEO ISPRL.

Article 9-Other Provisions

1) This Pact is subject to Indian law, place of performance and jurisdiction is the Head

Office/Head quarters of the Division of the Principal/Owner, who has floated the Tender.

2) Changes and supplements need to be made in writing. Side agreements have not been

made.

3) If the Contractor is a partnership or a consortium, this Pact must be signed by all the

partners and consortium members. In case of a Company, the Pact must be signed by a

representative duly authorized by board resolution.

4) Should one or several provisions of this Pact turn out to be invalid, the remainder of this

Pact remains valid. In this case, the parties will strive to come to an agreement to their

original intentions.

5) Any dispute or difference arising between the parties with regard to the terms of this

Agreement/Pact, any action taken by the Owner/Principal in accordance with this

Agreement/ Pact or interpretation thereof shall not be subject to arbitration

.

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Article 10- LEGAL AND PRIOR RIGHTS

All rights and remedies of the parties hereto shall be in addition to all the other legal rights and

remedies belonging to such parties under the Contract and/or law and the same shall be

deemed to be cumulative and not alternative to such legal rights and remedies aforesaid. For

the sake of brevity, both the Parties agree that this Pact will have precedence over the

Tender/Contract documents with regard any of the provisions covered under this Pact.

IN WITNESS WHEREOF the parties have signed and executed this Pact at the place and date

first above mentioned in the presence of following witnesses:

------------------------------------------------

(For and on behalf of Principal/Owner)

-----------------------------------------------

(For and on behalf of Bidder/Contractor)

WITNESSES:

1. ………………………………………………………………… (signature, name and address)

2. ……………………………………………….. (signature, name and address)

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APPENDIX-4 TO SCC – PLANNING, SCHEDULING, MONITORING

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1 08.06.2007 General Revision - Issued for implementation DDC DRC

0 26.04.2000 Issued for implementation DDC DRC HOD

Rev. No Date Purpose Prepared by Reviewed by Approved by


PLANNING, SCHEDULING, MONITORING & CONTROL SYSTEM FOR

PACKAGE CONTRACT

Document No. 8-2744-1002 Rev. No. 1 Page 1 of 6

PLANNING, SCHEDULING, MONITORING

&

CONTROL SYSTEM

FOR

PACKAGE CONTRACT

THIS SHOULD FORM PART OF MR / TENDER DOCUMENT

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PACKAGE CONTRACT


Abbreviations: WBS Work Breakdown Structure

Document Drafting Committee Members: Mr. S.P. Sinhachoudhury Mr. R. Mohan Mr. M.K. Jain Mr. T.K. Nanda Mr. R. Shailendra Mr. S.S. Madan Mr. K.N. Choudhary Mr. Sudershan Kumar

Document Review Committee Members: Mr. A.K. Gautam Mr. V.K. Sawhney Mr. V.L. Rajani Mr. R. Mohan

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PACKAGE CONTRACT


CONTENTS

Clause Title Page No.

1.0 INTRODUCTION 4 2.0 ALONG WITH THE BID 4

2.1 Time Schedule 4 2.2 Planning, Scheduling & Monitoring System 4

3.0 AFTER AWARD OF THE CONTRACT 4 3.1 Overall Schedule for the contract & WBS 4 3.2 Functional Schedules 4 3.3 Progress Measurement Methodology 5 3.4 Resource Deployment Schedule 5 3.5 Catch-up Schedule 5 3.6 Contract Review Meetings 5 3.7 Progress Reporting 6 3.8 Documentation 6

ANNEXURES

Attachment – I 28 sheets

Attachment – II 7 sheets

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PACKAGE CONTRACT


1.0 INTRODUCTION

It is the requirement for all “Bidders” for Package works such as Raw Water Intake System, Raw Water System, Cooling Tower System, Fire Water System, Nitrogen Plant, Demineralised Water Plant, Effluent Treatment Plant, Fired Heater, Compressor, Cycle Max Package, Air Conditioning System, Distributed Control System etc. to maintain a proper Planning, Scheduling & Monitoring system to ensure time control on the contract. Therefore, every bidder shall establish and maintain an effective Planning, Scheduling, Monitoring & Control System including deployment of professionally qualified and experienced Planning Engineer for entire duration of the contract. The system should be predictive type to diagnose and anticipate the problems well in advance and provide preventive measures. To achieve this objective, bidder / vendor or contractor shall prepare & submit following Schedules / documents for review / approval by client / consultant at various stages of the project.

2.0 ALONG WITH THE BID 2.1 Time Schedule

The bidder is required to submit a “Time Schedule” in linked bar chart form covering major milestones along with the bid. The schedule shall cover all phases of the contract i.e. Residual Basic Engineering, Detailed Engineering, Ordering, Manufacturing & Delivery, Tendering, Construction and Commissioning within the time stipulated in the bid document covering client’s interfaces / activities.

2.2 Planning, Scheduling & Monitoring System The Bidder shall describe the system of Planning, Scheduling & Monitoring, level of detailing / tracking methodology etc. with the name of computer packages and sample out puts. Client/consultant reserves the right to disqualify the bidder if the above mentioned documents are not furnished / not in line with the requirement as stated above.

3.0 AFTER AWARD OF THE CONTRACT 3.1 Overall Schedule for the contract & WBS

The vendor / contractor shall submit within 2 weeks of Fax of Acceptance, a sufficiently detailed “Overall Schedule” in the activity network form clearly indicating the major milestones, inter-relationship / inter-dependencies between various activities together with critical path and floats. A Work Breakdown Structure indicating the scope of work, execution philosophy and the magnitude of work in hierarchal fashion shall be submitted with the overall schedule. The network and WBS shall be reviewed and approved by client / consultant and after incorporating their comments (if any) shall be issued for implementation by vendor / contractor within one week from receipt of comments. The Overall Schedule thus finalized shall form a part of the contract. The Overall Schedule once approved by the Client/Consultant shall not be changed without prior approval of the Client/Consultant. The Overall Schedule shall be updated on monthly basis and submitted along with Monthly Progress Report indicating base line schedule.

3.2 Functional Schedules

The vendor / contractor shall prepare detailed functional schedule for each function viz. Residual Basic Engineering, Detailed Engineering, Ordering, Manufacturing & Delivery,

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PACKAGE CONTRACT


Tendering, Construction and Commissioning. The vendor / contractor shall also develop schedule progress “S” curve for each function and one overall schedule progress “S” curve for the total contract and submit the same to client / consultant for approval. Functional schedules shall preferably be prepared in Excel Worksheets and submitted within 15 days of approval of Overall Schedule for the Contract. Functional Schedules once approved by the Client/Consultant shall not be changed without prior approval of the Client/Consultant. Functional Schedules shall be updated on monthly basis and submitted along with Monthly Progress Report indicating base line schedules.

3.3 Progress Measurement Methodology The Vendor / contractor shall submit detailed progress measurement methodology to be adopted for measurement of progress for all phases of work i.e. Engineering, Ordering, Manufacturing & Delivery, Tendering, Construction and Commissioning along with breakup of weightages. This shall be discussed & finalized during kick-off meeting with the vendor/contractor. The progress basis shall be physical realization of work, such as in terms of deliverables and construction quantities accomplished. Client / Consultant reserve the right to modify the methodology.

3.4 Resource Deployment Schedule

The vendor / contractor shall submit resource deployment schedule, manpower (category-wise), equipment & machinery to be deployed to achieve the schedule of progress, as per “S” curve furnished for the total contract duration for both HO services & site activities.

3.5 Catch-up Schedule

During the project execution, depending on the trend & slippage (if any), client / consultant may ask vendor / contractor to develop catch-up schedules for completion of all balance activities without change in contract completion date. This schedule shall be submitted to client / consultant for review. Accordingly the “S” curve for catch-up schedule shall be made and shown along with the original schedule.

3.6 Contract Review Meetings

The vendor / contractor shall present project status at various review meetings as required or as asked by client / consultant.

3.6.1 Monthly Review Meeting Level of participation : Senior person of client / consultant and vendor / contractor.

In case of vendor / contractor, the participants shall be Project Manager or above and Construction-In-Charge or above.

Agenda : a. Progress Status / Statistics

b Status of Engineering, Ordering, Manufacturing & Delivery, Tendering, Construction and Commissioning.

c. Major hold ups / slippages d. Completion out look e. Critical issues with Action Plan f. Any specific point from client / consultant

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PACKAGE CONTRACT


3.6.2 Weekly Review Meeting at Site Level of participation : Contractor / Consultant, Resident Construction Manger / Site Engineers / Job Engineers. Agenda : a. Weekly Programme v/s actual achieved in the last week and programme for the next week with resource mobilization plan. b. Hold-up analysis and Action Plan.

3.7 Progress Reporting

3.7.1 Monthly Progress Report

The vendor / contractor shall submit the Monthly Progress Report on regular basis to Client / Consultant from very next month of award of the contract as per attached formats (Attachment – I), covering total scope of work as per the contract. This report is to be issued within 5 calendar days from cut-off date, finalized during kick-off meeting. Issue of the report shall be continued till completion of contract in all respects.

3.7.2 Weekly Progress Report

This report shall be prepared for activities in summarized fashion as per Attachment-II and submitted by the vendor / contractor, every week on the next day of weekly cut-off. The weekly cut-off day shall be informed during the kick-off meeting.

3.7.3 Daily Progress Report

The vendor / contractor shall submit daily report to the consultant at construction site. The report shall include work completed, material received & resource deployed on previous day and work plan for the day.

3.8 Documentation

The formats of reports, schedules and other Planning documents submitted by vendor / contractor shall be strictly as required by Client / Consultant. Other required formats shall be finalized during the kick-off meeting and shall be binding on the vendor / contractor.

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PREPARED BY

VENDOR / CONTRACTOR LOCATION

PAGE 1 OF 8

dd/mm/yyyy Information / Action

Initials Initials Initials DATE ISSUED FOR Prepared By Reviewed By Approved By

Document Number: As per vendor’s/contractor’s numbering system Format No. As applicable

ATTACHMENT - I

C L I E N T : CONSULTANT : E.I.L

XYZ PROJECT, PROJECT LOCATION NAME OF PACKAGE CONTRACT

EIL JOB NO: XXXX MONTHLY PROGRESS REPORT PROGRESS REPORT NO. XXX

PERIOD FROM : ……….. TO ……………

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NAME OF PACKAGE CONTRACT VENDOR / CONTRACTOR XYZ PROJECT

Month & Year EIL Job No. : Page 2 of 8

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE NO.

I INTRODUCTION 3 II EXECUTIVE SUMMARY 4 III DETAILED STATUS 5 IV AREAS OF CONCERN WITH ACTION PLAN 6 V PROGRESS STATISTICS 7 VI CONTRACTUAL COMMITMENT CHART 8

ANNEXURES No of Sheets A1 Milestones Due (Current + 2 Months)

A2 Chronological Achievement of Key Milestones

A3 Progress Curves – For each function and overall

A4 Summary Status of Drgs./Docs.

A5 Detailed Status of Drgs./Docs.

A6 Summary Ordering Status

A7 Detailed Ordering Status

A8 Summary Delivery Status - Equipment

A9 Summary Delivery Status - Bulk Material

A10 Detailed Delivery Status

A11 Construction Quantity Release Status

A12 Works Contracts Award Status

A13 Summary Construction Status

A14 Detailed Construction Status

A15 Piping Hydrotesting Status

A16 Invoice & Payment Status

A17 Change Order Status

A18 Construction Photographs

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I INTRODUCTION CLIENT : PROJECT : NAME OF PACKAGE CONTRACT : BRIEF SCOPE WITH CAPACITIES : CONSULTANT : PROJECT TARGET DATES

FAX OF INTENT DATE : CONTRACTUAL START DATE : CONTRACTUAL COMPLETION DATE : ANT. COMPLETION DATE :

CONTRACT DURATION (MONTHS) : TIME ELAPSED (MONTHS) :

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II EXECUTIVE SUMMARY PROJECT HIGHLIGHTS

− Major milestones achieved during the month. − No. of drawings issued during the month.

− No. of enquires issued during the month.

− No. of orders placed during the month.

− No. of equipment received at site during the month.

− No. of works contracts awarded during the month.

− Major construction highlights.

− Major commissioning highlights

− Contingency/ crash action plan for critical areas to be included.

− Any issue/ point pending from client/ consultant having effect on project completion to be

highlighted.

Overall Progress

Description %age Cumulative %age during the Month Schedule Actual Schedule Actual

Overall Construction

Overall Project

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III DETAILED STATUS

A. RESIDUAL BASIC ENGINEERING

− Drawings (Approval category) submitted during the month. − Drawings (Approval category) reviewed by client/ consultant during the month.

B. DETAILED ENGNEERING

− Drawings (Approval category) submitted during the month. − Drawings (Approval category) reviewed by client/ consultant during the month.

C. ORDERING

− Description of enquires issued during the month. − Description of orders placed during the month.

D. MANUFACTURING & DELIVERY

− Receipt of raw materials for critical/ long lead equipment. − Equipment fabricated during the month.

− Equipment despatched during the month.

− Equipment received at site during the month.

E. CONSTRUCTION

− Detailed construction status to be provided, including piling quantities, PCC/ RCC quantities, structural steel fabrication/ erection quantities, no. of foundations completed, no of equipment erected, piping fabrication (Inch Dia - ID), piping erection (Inch Metre – IM) etc.

F. COMMISSIONING

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IV AREAS OF CONCERN WITH ACTION PLAN

SL. NO. AREAS OF CONCERN CONSTRAINTS

IMPACT ON SCHEDULE

(IN MONTHS) ACTION PLAN ACTION BY TARGET

DATE

Pag

e 258 of 413



V PROGRESS STATISTICS

DESCRIPTION WTD. VALUE

DURING THE MONTH

(%) CUMULATIVE

(%) SHORT FALL (%)

SCH ACT SCH ACT RESIDUAL BASIC ENGINEERING

DETAILED ENGINEERING

ORDERING

MANUFACTURING & DELIVERY

TENDERING

CONSTRUCTION

COMMISSIONING

OVERALL PROJECT - PHYSICAL

MAJOR REASONS FOR SHORTFALL :

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VI CONTRACTUAL COMMITMENT CHART

1 2 3 4 5 6 7 8 9 10 11 12Sch.

Act/Ant Sch.

Sch. Act.Act/Ant Ant.

Sch.Act/Ant

Sch.Act/Ant

Sch.Act/Ant

Sch.Act/Ant

Sch.Act/Ant

Sch.Act/Ant

Residual Basic Engineering

Manufacturing & Delivery4

3

5

TOTAL 100

Ordering

2 Detailed Engineering

7 Commissioning

6 Construction

LEGEND :1

STATUS DATE DURATION IN MONTHSWTD. %AGEDESCRIPTION

Tendering

Sl. No.

Pag

e 260 of 413


Month & Year EIL Job No. : Page of

ANNEXURES

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A1 MILESTONES DUE (CURRENT + 2 MONTHS)

UP TO : dd/mm/yyyy

SL. NO. MILESTONE DESCRIPTION

COMPLETION DATE STATUS/ REMARKS

SCHEDULE ANTICIPATED ACTUAL

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A2 CHRONOLOGICAL ACHIEVEMENT OF KEY MILESTONES

S.NO. DESCRIPTION SCHEDULE DATE

ACTUAL DATE

1. GENERAL

1.1

1.2

2 RESIDUAL BASIC ENGINEERING

2.1

2.2

3 DETAILED ENGINEERING

3.1

3.2

4 ORDERING

4.1

4.2

5 MANUFACTURING & DELIVERY

5.1

5.2

6 TENDERING

6.1

6.2

7 CONSTRUCTION

7.1

7.2

8 COMMISSIONING

8.1

8.2

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A3 PROGRESS CURVES (FOR EACH FUNCTION AND OVERALL)

of 413


5Month & Year Client : Consultant : Page of

PROGRESS CURVE – FUNCTION/ OVERALL

0.0

10.0

20.0

30.0

40.0

50.0

60.0

70.0

80.0

90.0

100.0

% P

RO

GR

ES

S

0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

16.0

18.0

20.0

SCH. MONTHLY 0.3 0.7 0.4 1.5 1.6 2.2 2.0 2.4 1.8 4.0 2.1 3.1 2.7 5.3 5.3 6.5 5.5 8.5 5.0 7.9 8.0 4.1 4.1 4.2 2.8 2.2 2.2 1.2 1.0 0.5 0.9

ACT. MONTHLY 0.0 1.0 0.5 1.3 2.8 3.1 2.9 2.5 2.6 2.6 2.6 2.6 4.3

SCH. CUM. 0.3 1.0 1.4 2.9 4.5 6.7 8.7 11.1 12.9 16.9 19.0 22.1 24.8 30.1 35.4 41.9 47.4 55.9 60.9 68.8 76.8 80.9 85.0 89.2 92.0 94.2 96.4 97.6 98.6 99.1 100.0

ACT. CUM. 0.0 1.0 1.5 2.8 5.6 8.7 11.6 14.1 16.7 19.3 21.9 24.5 28.8

J'97 F'97 M'97 A'97 M'97 J'97 J'97 A'97 S'97 O'97 N'97 D'97 J'98 F'98 M'98 A'98 M'98 J'98 J'98 A'98 S'98 O'98 N'98 D'98 J'99 F'99 M'99 A'99 M'99 J'99 J'99

Pag

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A4 SUMMARY STATUS OF DRGS./DOCS.

DISCIPLINE

NO. OF DRGS./DOCS.

RELEASED EIL REVIEW REMARKS DURING THE MONTH CUMULATIVE

CODE-1 CODE-2 CODE-3 INFO.

REVIEW/ APPROVAL

INFO TOTAL SCH ACT ACT SCH

R/A I R/A I R/A I R/A I

RESIDUAL BASIC ENGINEERING

GENERAL CIVIL

STRUCTURAL

PIPING

- GADs

- ISOs

ELECTRICAL

INSTRUMENTATION

TOTAL R – Review, A – Approval, I – Information

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A5 DETAILED STATUS OF DRGS./DOCS.

A6.1 RESIDUAL BASIC ENGINEERING

DRG./DOC. NO. DRG./DOC. TILTE

CAT WTG. VALUE

DRAFT COMPLETED

CHECK COMPLETED 1ST ISSUE CODE-2 CODE-1 % PROGRESS

R/A 50% 60% 70% 90% 100% I 60% 60% 90% 90% 100% SCH ACT SCH ACT SCH ACT SCH ACT SCH ACT SCH ACT

TOTAL

Note : Same document to be prepared for other disciplines also. R – Review, A – Approval, I – Information

Pag

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A6 SUMMARY ORDERING STATUS (INDIGENOUS – IMPORTED SEPARATELY)

DEPARTMENT TOTAL MR’s

MR RFQ BIDS RECEIVED PO PLACED PO

ACCEPTANCE RECEIVED

SCH. ACT. SCH. ACT. SCH. ACT. SCH. ACT.

HMTD

PIPING

- I MTO

- II MTO

- FINAL MTO

STATIC EQUIPMENT

ROTATING EQUIPMENT

ELECTRICAL

INSTRUMENTATION

TOTAL

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A7 DETAILED ORDERING STATUS (INDIGENOUS – IMPORTED SEPARATELY)

A8.1 STATIC EQUIPMENT

SL NO

MR NO.

ITEM DESCRIPTION QTY. WTD.

VALUEISSUE RFQ

(10%) BIDS RECEIVED

(20%) PO PLACED

(100%) VENDOR CDD % PROGRESS

SCH ACT ANT SCH ACT ANT SCH ACT ANT SCH ACT

TOTAL

Note : Same document to be prepared for other equipment /electrical/ instrumentation/ piping items also. CDD – Contractual Delivery Date

Pag

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A8 SUMMARY MFG. & DELY. STATUS : EQUIPMENT

EQUIPMENT DESCRIPTION TOTAL NOS ORDERED DESPATCHED RECEIVED AT

SITE

SITE DELIVERY FORECAST FOR BALANCE EQUIPMENT

CALENDAR MONTHS 1 2 3 4 5 6

VESSELS

PUMPS

…….

TOTAL

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A9 SUMMARY MFG. & DELY. STATUS : BULK MATERIAL

S. NO. ITEM DESCRIPTION UNIT TOTAL

REQUIREMENT ORDERED RELEASED RECEIVED AT SITE STATUS / PROBLEMS

1 PIPES M

2 VALVES NO.

3 FITTINGS NO.

4 FLANGES NO.

5 FIELD INSTRUMENTS NO.

6 CABLES

- HT RM

- LT RM

7 STRUCTURAL STEEL MT

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A10 DETAILED MANUFACTURING & DELIVERY STATUS (INDIGENOUS – IMPORTED SEPARATELY)

A11.1 STATIC EQUIPMENT

SL NO

PR NO.

ITEM DESCRPTN. QTY. WTD.

VALUE VENDOR

CDD DRGS./DOCS SUBMISSION

(5%)

DRGS./DOCS. APPROVAL

(10%)

SUB-ORDERING

(15%)

RAW MATL. RECEIPT

(40%)

MANUFG. COMPLETE

(80%)

TESTING & DESPATCH

(95%)

RECEIPT AT SITE

(100%) % PROGRESS FDN. READY ERECTED

EDD SCH ACT SCH ACT SCH ACT SCH ACT SCH ACT SCH ACT SCH ACT SCH ACT SCH ACT SCH ACT

TOTAL

Note : Same document to be prepared for other equipment/ electrical/ instrumentation/ piping items also. Above may be prepared in ‘A3’ size.

Pag

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A11 CONSTRUCTION QUANTITY RELEASE STATUS

S. NO. NAME OF CONTRACT MAJOR WORK

ITEMS TENDER

QUANTITYLIKELY

QUANTITY CUMULATIVE RELEASED QUANTITY

BALANCE QTY. YET TO BE RELEASED

QTY. UNDER HOLD VENDOR IN HOUSE TOTAL

(A) (B) (A + B)

1 PILING - PILES

2 CIVIL & STRUCTURAL - RCC - STRL. STEEL ‘- ANY OTHER

3 MECHANICAL/PIPING - WELDING (ID) - ERECTION (IM) - ANY OTHER

4 ELECTRICAL

- CABLE TRAY- HT CABLE - LT CABLE - TERMINATION - ANY OTHER

5 INSTRUMENTATION

- CABLE TRAY - HT CABLE - LT CABLE - TERMINATION - ANY OTHER

Pag

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A12 WORKS CONTRACTS AWARD STATUS

S. NO. DESCRIPTION TENDER

ON SALE BID

RECEIPT AWARD NAME OF CONTRACTOR / DURATION OF CONTRACT

1 PILING SCH. DATE DATE DATE

ACT. DATE DATE DATE

2 CIVIL & STRUCTURAL SCH. ACT.

3 MECHANICAL/PIPING SCH. ACT.

4 ELECTRICAL SCH. ACT.

5 INSTRUMENTATION SCH. ACT.

----------------- SCH. ACT.

SCH. ACT.

SCH. ACT.

SCH. ACT.

TOTAL NO. OF CONTRACTS SCH. ACT.

Pag

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A13 SUMMARY CONSTRUCTION STATUS

SL. NO. DESCRIPTION OF WORK SUB-

AGENCYDURATION

(Months)

CONTRACTUAL ACT/ANT COMPLN

DATE % PROGRESS FOR

THE MONTH CUM % AGE

START DATE

COMPLN DATE SCH

PROGRAMM

ED ACT

CONTRA-CTUAL SCH.

FRONT ACTUAL

1 PILING

2 CIVIL & STRUCTURAL

3 MECHANICAL/PIPING

4 ELECTRICAL

5 INSTRUMENTATION

-----------------

OVERALL

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A14 DETAILED CONSTRUCTION STATUS

SL. NO.

WORK ITEM DESCRIPTION

UNIT OF MEASUR-EMENT

WORKLOAD QUANTITY (CUMULATIVE) QUANTITY (MONTH) PROGRAMME

FOR NEXT MONTH SCHEDULE FRONT COMPLETED PROGRAMME COMPLETED BACKLOG

1 EXCAVATION CM

2 BACKFILLING CM

3 PCC CM

4 RCC CM

Pag

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A15 PIPING LOOP HYDRO TESTING STATUS

S.

NO. DESCRIPTION TOTAL FRONT AVL.

CHECK LISTED

MECH. CLEARED

NDT CLEARED

THIS MONTH CUMULATIVE REMARKSPROGRAMME ACTUAL SCH. ACT. 1.1 CSNIBR 1.2 1.3 1.4

TOTAL

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A16 INVOICING STATUS

S. No

INVOICE PAYMENT DEDUCTIONS

REMARKS NUMBER DATED

VALUE (Rs.)

NET AMOUNT

RECEIVED(Rs.)

DATE RECEIVED

DEDUCTION OF INCOME

TAX (Rs)

TDS CERTIFICATE

RECD. (Rs. / DATE)

OTHER DEDUCTIONS

(If any) (Rs.)

(1-2-3)

REASONS FOR DEDUCTIONS

(1) (2) (3) (1) - (2) - (3)

TOTAL

Pag

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A17 CHANGE ORDER STATUS (AS APPLICABLE)

TYPE OF CONTRACT: CONTRACT SIGNED ON:

CHANGE ORDER

NUMBER

DATE OF ISSUE

(BY EIL)

DESCRIPTION OF CHANGE

``* )

VALUE OF CHANGE

ORDER ( + / - )

IMPACT ON PROJECT

SCHEDULE

STATUS OF CHANGE ORDER / APPROVAL DATE

REASON / TYPE OF CHANGE

( ** )

R

A

R

A

** REASONS FOR CHANGE TYPE OF CHANGE R1. OPERABILITY / SAFETY T1. DESIGN BASIS / SCOPE R2. OWNER PREFERENCE T2. DESIGN SPECIFICATION R3. RETURN ON INVESTMENT / REDUCED COST T3. FIELD R4. CORRECTION T4. START UP R5. ADD / DELETE WORK T5. OTHER R6. OTHERS ( * ) FOR EIL SCOPE OF WORK R RAISED CHANGE A APPROVED CHANGE

Pag

e 279 of 413



A18 CONSTRUCTION PHOTOGRAPHS

of 413

ATTACHMENT - II

C L I E N T : CONSULTANT : E.I.L

XYZ PROJECT, PROJECT LOCATION NAME OF PACKAGE CONTRACT

EIL JOB NO: XXXX WEEKLY PROGRESS REPORT

REPORT NO. XXX WEEK ENDING: dd/mm/yyyy

PAGE 1 OF 7

dd/mm/yyyy Information / Action

Initials Initials Initials DATE ISSUED FOR Prepared By Reviewed By Approved By

Document Number: As per vendor’s/contractor’s numbering system Format No. As applicable

PREPARED BY VENDOR / CONTRACTOR

LOCATION

of 413

NAME OF THE PACKAGE CONTRACT VENDOR / CONTRACTOR XYZ PROJECT

Week ending on: dd/mm/yyyy EIL Job No.: XXXX Page 2 of 7

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE NO.

I EXECUTIVE SUMMARY 3

II CONSTRUCTION PROGRESS STATUS 5

III RESOURCE DEPLOYMENT STATUS 6-7

of 413


Week ending on: dd/mm/yyyy EIL Job No.: XXXX

Page 3 of 7

I. EXECUTIVE SUMMARY I MAJOR ACHIEVEMENTS: A PROGRESS STATUS:

- The cumulative overall progress achieved is ___% against schedule of ___%. The weekly progress achieved is ___% against schedule of ___%.

- The cumulative construction progress achieved is ___% against schedule of ___%. The weekly construction progress achieved is ___% against schedule of ___%.

B RESIDUAL BASIC ENGINEERING:

- Major milestones for Residual Basic Engineering during the week to be highlighted. C DETAILED ENGINEERING:

- Major milestones for Detailed Engineering during the week to be highlighted. D ORDERING:

- Major milestones for Ordering during the week to be highlighted. E MATERIAL RECEIVED:

- Category wise materials received during the week and delivery status of balance materials to be highlighted.

Pag

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Page 4 of 7

F CONSTRUCTION:

- Item-wise construction progress during the week to be highlighted G COMMISSIONING: - Major milestones achieved during the week to be indicated. H PROBLEMS/HOLD UPS:

- Problems & Hold-ups, if any to be written. I NEXT WEEK’S PROGRAMME:

- Function-wise programmes to be indicated.

Pag

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Page 5 of 7

II. CONSTRUCTION PROGRESS STATUS

PROJECT NAME CONSULTANT Name of Vendor / Contractor

: : :

Status Date Date of Commencement Contractual Completion DateExpected Completion Date

: : : :

Date of Award :

WORK ITEM DESCRIPTION UOM TOTAL

QUANTITY CUM. SCHD WORK FRONT CUM. ACTUAL

PROGRAMME FOR THE WEEK

ACTUAL DURING THE

WEEK PROGRAMME

FOR NEXT WEEK

` %AGE

Remarks : Points of Action :

Pag

e 285 of 413



Page 6 of 7

III. RESOURCE DEPLOYMENT STATUS

A. MANPOWER

SL. NO WORK DESCRIPTION NAME OF

AGENCY M

AN

POW

ER

CA

RPE

NTE

R

BA

R B

END

ER

MA

SON

STR

L. F

ITTE

R

STR

L. W

ELD

ER

PIPE

FIT

TER

CS

WEL

DER

IBR

WEL

DER

AS

WEL

DER

SS W

ELD

ER

TIG

WEL

DER

GA

S C

UTT

ER

GR

IND

ER

MIL

LWR

IGH

T FI

TTER

ELEC

TRIC

IAN

INST

. TE

CH

NIC

IAN

RIG

GER

KH

ALA

SI/

OTH

ERS

TOTA

L

Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld.

Note : Average deployment during the reporting period to be indicated.

Pag

e 286 of 413



Page 7 of 7

III. RESOURCE DEPLOYMENT STATUS B. MACHINERY

SL. NO WORK DESCRIPTION NAME OF AGENCY

MA

CH

INER

Y

POC

LAIN

/JC

B

DU

MPE

R

BA

TCH

ING

PL

AN

T

TRA

NSI

T M

IXER

CO

NC

. MIX

ER

D.W

. PU

MP

RO

LLIN

G M

/C

CR

AN

E

HYD

RA

CO

MPR

ESSO

R

TRA

CTO

R /

TRA

ILO

R

WEL

DIN

G M

/C

TRA

NSF

OR

MER

REC

TIFI

ER

GA

S C

UTT

ING

M

/C

GR

IND

ING

M/C

X-R

AY

M/C

CO

NC

. VI

BR

ATO

R

BLA

STIN

G M

/C

Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld. Reqd. Depld.

Note : Average deployment during the reporting period to be indicated.

Pag

e 287 of 413


APPENDIX-5 TO SCC – QUALITY MANAGEMENT SYSTEM

of 413

of 413


APPENDIX-6 TO SCC – HEALTH, SAFETY AND ENVIRONMENT

MANAGEMENT

of 413

122 aarn51

ENGINEERS INDIA LIMITED IA Govt of India Undertak.ng)

STANDARD SPECIFICATION FOR HEALTH, SAFETY &

ENVIRONMENT MANAGEMENT AT CONSTRUCTION SITES

STANDARD SPECIFICATION No.

6-82-0001 Rev. 6

Page 1 of 87

1-11-1 ul -f-zffl 'zr{

WkcIT 1141<ui

3T4tT9' irq

STANDARD SPECIFICATION FOR HEALTH, SAFETY & ENVIRONMENT

(HSE) MANAGEMENT AT CONSTRUCTION SITES

6 26/02/2014 REVISED & UPDATED SM J RKD SC

5 19/12/2012 REVISED & UPDATED SM SM RKD DM

4 13/02/2008 REVISED & UPDATED AS RK SCB VC

3 17/07/2007 REVISED & UPDATED AS MPJ VNP VC

2 11/08/2005 REVISED & UPDATED MPJ MPJ VNP VJN

Standards Standards Comm ittee Bureau

Rev Date Purpose Prepared by Checked by Convenor Chairman

Approved by

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved

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6-82-0001 Rev. 6

Page 2 of 87

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL – All rights reserved

Abbreviations: AERB : Atomic Energy Regulatory Board ANSI : American National Standards Institute BARC : Bhabha Atomic Research Centre BS : British Standard EIL : Engineers India Limited ELCB : Earth Leakage Circuit Breaker EPC : Engineering, Procurement and Construction EPCC : Engineering, Procurement, Construction and Commissioning ESI : Employee State Insurance GCC : General Conditions of Contract GM : General Manager GTAW : Gas Tungsten Arc Welding HOD : Head of Department HSE : Health, Safety & Environment HV : High Voltage IS : Indian Standard IE : Indian Electricity JSA : Job Safety Analysis LOTO : Lock Out & Tag Out LPG : Liquefied Petroleum Gas LSTK : Lump Sum Turn Key MV : Medium Voltage PPE : Personal Protective Equipment RCM : Resident Construction Manager or Site-in-Charge, as applicable ROW : Right of Way SCC : Special Conditions of Contract SLI : Safe Load Indicator TBM : Tool Box Talks Construction Standards Committee Convenor : Sh. RK Das, ED(Construction) Members : Sh. M.Deshpande, GM (C) Sh. M. Natarajan, GM (C&P) Sh Rakesh Nanda, DGM (Piping)

Sh. S Mukherjee, DGM (Construction) Sh. Janak Kishore, DGM (Projects) Sh. D. Jana, AGM (Construction)

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6-82-0001 Rev. 6

Page 3 of 87


CONTENTS

CLAUSE TITLE PAGE NO.

1.0 Scope 5 2.0 References 5

3.0 Requirement of Health, Safety and Environment (HSE) Management System to be complied by Bidders

5

3.1 Management Responsibility 5

3.1.1 HSE Policy & Objective 5 3.1.2 Management System 5

3.1.3 Indemnification 6

3.1.4 Deployment & Qualification of Safety Personnel

6

3.1.5 Implementation, Inspection & Monitoring 7

3.1.6 Behavior Based Safety 8

3.1.7 Awareness 9 3.1.8 Fire prevention & First-Aid 9

3.1.9 Documentation 9 3.1.10 Audit 10 3.1.11 Meetings 10

3.1.12 Intoxicating drinks & drugs and smoking 11

3.1.13 Penalty 11

3.1.14 Accident/Incident investigation 14

3.2 House Keeping 14 3.3 HSE Measures 15

3.3.1 Construction Hazards 15

3.3.2 Accessibility 16

3.3.3 Personal Protective Equipments (PPEs) 16

3.3.4 Working at height 17

3.3.5 Scaffoldings 18

3.3.6 Electrical installations 19

3.3.7 Welding/Gas cutting 21

3.3.8 Ergonomics and tools & tackles 22

3.3.9 Occupational Health 22 3.3.10 Hazardous substances 23

3.3.11 Slips, trips & falls 23

3.3.12 Radiation exposure 23 3.3.13 Explosives/Blasting operations 24 3.3.14 Demolition/Dismantling 24 3.3.15 Road Safety 24 3.3.16 Welfare measures 25 3.3.17 Environment Protection 25 3.3.18 Rules & Regulations 26

Contd to page 4 …

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6-82-0001 Rev. 6

Page 4 of 87


CONTENTS (contd. from page 3)

3.3.19 Weather Protection 26 3.3.20 Communication 26 3.3.21 Confined Space Entry 27 3.3.22 Heavy Lifts 27 3.3.23 Key performance indicators 27 3.3.24 Unsuitable Land Conditions 28 3.3.25 Under Water Inspection 28 3.3.26 Excavation 28 3.4 Tool Box talks 29 3.5 Training & Induction Programme 30 3.6 Additional safety requirements for working Inside a running 31 3.7 Self Assessment and Enhancement 32 3.8 HSE Promotion 32 3.9 LOTO for isolation of energy source 32

4.0 Details of HSE Management System by Contractor 4.1 On Award of Contract 33 4.2 During Job Execution 33 4.3 During short listing of the sub-contractors 34

5.0 Records 35Appendices

1. Standards/Codes on HSE Appendix-A 2. Details of First AID Box Appendix-B 3. Types of Fire Extinguishers & their Appln. Appendix-C 4. Indicative List of statutory Acts & Rules Appendix-D 5. Construction Hazards and their mitigation Appendix-E 6. Training subjects / topics Appendix-F 7. Construction Power Board ( typ) Appendix-G 8. List of HSE procedures Appendix-H

Attachments (Reporting Formats) I. Safety Walk through Report HSE-1 Rev.0 II. Accident/Incident Report HSE-2 Rev.0 III. Suppl. Accident/Incident Investigation Report HSE-3 Rev.0 IV. Near Miss Incident Report/Dangerous occurrence HSE-4 Rev.0 V. Monthly HSE Report HSE-5 Rev.0 VI. Permit for Working at height HSE-6 Rev.0 VII. Permit for Working in Confined Space HSE-7 Rev.0 VIII. Permit for Radiation work HSE-8 Rev.0 IX. Permit for Demolishing/ Dismantling HSE-9 Rev.0 X Daily Safety Checklist HSE-10 Rev.0 XI Housekeeping assessment & compliance HSE-11 Rev.0

XII Inspection of temporary electrical booth / installation HSE-12 Rev.0 XIII Inspection for scaffolding HSE-13 Rev.0 XIV Permit for erection / modification & dismantling of

scaffolding HSE-14 Rev.0

XV Permit for heavy lift/critical erection HSE-15 Rev.0 XVI Permit Energy Isolation & De-Isolation HSE-16 Rev 0 XVI Permit for Excavation HSE-17 Rev 0

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6-82-0001 Rev. 6

Page 5 of 87


1.0 SCOPE

This specification establishes the Health, Safety and Environment (HSE) management requirement to be complied by Contractors/Vendors including their sub-contractors/sub vendors during construction. This specification is not intended to replace the necessary professional judgment needed to design & implement an effective HSE system for construction activities and the contractor is expected to fulfill HSE requirements in this specification as a minimum. It is expected that contractor shall implement best HSE practices beyond whatever are mentioned in this specification. Requirements stipulated in this specification shall supplement the requirements of HSE Management given in relevant Act(s)/legislations, General Conditions of Contract (GCC), Special Conditions of Contract (SCC) and Job (Technical) Specifications. Where different documents stipulate different requirements, the most stringent shall apply.

2.0 REFERENCES The document should be read in conjunction with following: - General Conditions of Contract (GCC) - Special Conditions of Contract (SCC) - Building and other construction workers Act, - Indian Factories Act - Job (Technical) specifications - Relevant International / National Codes (refer Appendix-A for standards/codes on HSE) - Relevant State & National Statutory requirements. - Operating Manuals Recommendation of Manufacturer of various construction Machineries

3.0 REQUIREMENTS OF HEALTH, SAFETY & ENVIRONMENT (HSE) MANAGEMENT SYSTEM TO BE COMPLIED BY BIDDERS

3.1 Management Responsibility

3.1.1 HSE Policy & Objectives The Contractor should have a documented HSE policy duly & objectives to demonstrate commitment of their organization to ensure health, safety and environment aspects in their line of operations. HSE Policy of the contractor shall be made available to Owner / EIL at the place of execution of specific contract works, as a valid document.

3.1.2 Management System The HSE management system of the Contractor shall cover the HSE requirements & commitments to fulfill them, including but not limited to what are specified under clause 1.0 and 2.0 above. The Contractor shall obtain the approval of its site specific HSE Plan from EIL / Owner prior to commencement of any site works. Corporate as well as Site management of the Contractor shall ensure compliance of their HSE Plan at work sites in its entirety & in true spirit.

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6-82-0001 Rev. 6

Page 6 of 87


3.1.3 Indemnification Contractor shall indemnify & hold harmless, Owner/EIL & their representatives, free from any

and all liabilities arising out of non-fulfillment of HSE requirements or its consequences.

3.1.4 Deployment & qualifications of Safety personnel The Contractor shall designate/deploy various categories of HSE personnel at site as indicated below in sufficient number. In no case, deployment of safety Supervisor / Safety Steward shall substitute deployment of Safety Officer / Safety Engr what is indicated in relevant statute of BOCW Act i.e deployment of safety officer/Safety Engineer is compulsory at project site. The Safety supervisors, Safety stewards etc. would facilitate the HSE tasks at grass root level for construction sites and shall assist Safety Officer / Engineers. a) Safety Steward For every 250 workmen, one safety steward shall be deployed. As a minimum, he shall preferably possess School leaving Certificate (of Class XII with

Physics & Chemistry etc.) and trained in fire-fighting as well as in safety/occupational health related subjects, with minimum two year of practical experience in construction work environment and preferably have adequate knowledge of the language spoken by majority of the workers at the construction site.

b) Safety Supervisor For every 500workmen, one safety Supervisor shall be deployed. As a minimum, he shall possess a recognized Degree in Science (with Physics &

Chemistry) or a diploma in Engg. or Tech. with minimum Two years of practical experience in construction work environment and should possess requisite skills to deal with construction safety & fire related day-to-day issues.

c) Safety Officer / Safety Engineer

One for every 1000 workers or part thereof shall be deployed.

Safety officer/Engineer Should Possess following Qualification & Experience :

(i) Recognized degree in any branch of Engg. or Tech. or Architecture with practical experience of working in a building or other construction work in supervisory capacity for a period of not less than two years, or possessing recognized diploma in any branch of Engg. or Tech with practical experience of building or other construction work in supervisory capacity for a period of not less than five years.

(ii) Recognized degree or diploma in Industrial safety with one paper in Construction

Safety (iii) Preferably have adequate knowledge of the language spoken by majority of the

workers at the construction site.

Alternately

(i) Person possessing Graduation Degree in Science with Physics & Chemistry and degree or diploma in Industrial Safety (from any Indian institutes recognized by

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6-82-0001 Rev. 6

Page 7 of 87


AICTE or State Council of Tech. Education of any Indian State) with practical experience of working in a building, plant or other construction works (as Safety Officer, in line with Indian Factories Act, 1958) for a period of not less than five years, may be considered as Safety Officer, in case Owner/Client of the project agrees for /approves the same.

d) HSE In-Charge

In case there is more than one Safety Officer at any project construction site, one of them, who is senior most by experience (in HSE discipline), may be designated as HSE In-Charge. Duties & responsibilities of such person shall be commensurate with that of relevant statute and primarily to coordinate with top management of Client and contractors.

In case the statutory requirements i.e. State or Central Acts and / or Rules as applicable like the Building and Other Construction Workers’ Regulation of Employment and Conditions of Service- Act,1996 or State Rules (wherever notified), the Factories Act, 1948 or Rules (wherever notified), etc. are more stringent than above clarifications, the same shall be followed. Contractors shall ensure physical availability of safety personnel at the place of specific work location, where Hot Work Permit is required / granted. No work shall be started at any of the project sites until above safety personnel & concerned Site Engineer of Contractor are physically deployed at site. The Contractor shall submit a HSE organogram clearly indicating the lines of responsibility and reporting system and elaborate the responsibilities of safety personnel in their HSE Plan. The Contractor shall verify & authenticate credentials of such safety personnel and furnish Bio-Data/ Resume/ Curriculum Vitae of the safety personnel as above for EIL/Owner’s approval, at least 1 month before the mobilization. The Contractor, whenever required, shall arrange submission of original testimonials/certificates of their Safety personnel, to EIL/Owner (for verification/scrutiny, etc.) Imposition / Realization of penalty shall not absolve the Contractor from his/her responsibility of deploying competent safety officer at site. Adequate planning and deployment of safety personnel shall be ensured by the Contractor so that field activities do not get affected because of non-deployment of competent & qualified safety people in appropriate numbers.

3.1.5 Implementation, Inspection/Monitoring

The Contractor shall be fully responsible for planning, reporting, implementing and

monitoring all HSE requirements and compliance of all laws & statutory requirements. The Contractor shall also ensure that the HSE requirements are clearly understood &

implemented conscientiously by their site personnel at all levels at site. The Contractor shall ensure physical presence of their field engineers / supervisors, during

the continuation of their contract works / site activities including all material transportation activities. Physical absence of experienced field engineers / supervisors of Contractor at critical work spot during the course of work, may invite severe penalization as per the discretion of EIC, including halting / stoppage of work.

Contractor shall furnish their annual Inspection Plan, with regard to project issues /subjects, frequency and performers to EIL/Owner.

The Contractor shall regularly review inspection report internally and implement all practical steps / actions for improving the status continuously.

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The Contractor shall ensure important safety checks right from beginning of works at every work site locations and to this effect format No: HSE-10 “Daily Safety Check List” shall be prepared by field engineer & duly checked by safety personnel for conformance.

The Contractor shall carry out inspection to identify various unsafe conditions of work sites/machinery/equipments as well as unsafe acts on the part of workmen/supervisor/engineer while carrying out different project related works.

Adequate records for all inspections shall be maintained by the Contractor and the same shall be furnished to EIL/Owner, whenever sought.

The Contractor shall not carry-out work by engaging single worker anywhere without any supervisor anytime during day or night.

To demonstrate involvement/commitment of site management of Contractor, at least one Safety Walk through in a month shall be carried out by Contractor’s head of site (along with his area manager/field engineers) and a report shall be furnished to EIL/Owner as per format No: HSE-1” Safety walk through report” followed by compliance for unsatisfactory remarks.

As a general practice lifting tools/tackles, machinery, accessories etc. shall be inspected, tested and examined by competent people (approved by concerned State authorities) before being used at site and also at periodical interval (e.g. during replacement,extension, modification, elongation/reduction of machine/parts, etc.) as per relevant statutes. Hydra, cranes, lifting machinery, mobile equipments / machinery / vehicles, etc. shall be inspected regularly by only competent / experienced personnel at site and requisite records for such inspections shall be maintained by every contractor. Contractor shall also maintain records of maintenance of all other site machinery (e.g. generators, rectifiers, compressors, cutters, etc.) & portable tools/equipments being used at project related works (e.g. drills, abrasive wheels, punches, chisels, spanners, etc.). The Contractor shall not make use of arbitrarily fabricated ‘derricks’ at project site for lifting / lowering of construction materials.

Site facilities /temporary. installations, e.g. batching plant, cement godown, DG-room, temporary electrical panels/distribution boards, shot-blasting booth, fabrication yards, etc. and site welfare facilities, like labour colonies, canteen/pantry, rest-shelters, motor cycle/bicycle-shed, site washing facilities, First-aid centers, urinals/toilets, etc. should be periodically inspected by Contractor (preferably utilizing HR/Admn. personnel to inspect site welfare facilities) and records to be maintained.

3.1.6 Behaviour Based Safety

The contractor shall develop a system to implement Behaviour-Based Safety (BBS)

through which work groups can identify, measure and change the behaviours of employees and workers

The BBS process shall include the following: - Identify the behaviours critical to obtaining required safety performance. - Communicate the behaviours and how they are performed correctly to all - Observe the work force and record safe/at risk behaviours. Intervene with workers

to give positive reinforcement when safe behaviours are observed. Provide coaching/correction when at risk behaviours are observed

- Collect and record observation data - Summarize and analyze observation data - Communicate observation data and analysis results to all employees - Provide recognition or celebrate when safe behaviour improvements occur - Change behaviours to be observed or change activators or change consequences as

appropriate. - Communicate any changes to workforce

Contractor through its own HSE committee shall implement the above process. The necessary procedures and reporting formats shall be developed by the contractor for

approval by EIL/Owner.

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The HSE committee of contractor shall observe individual’s behavior for safe practices adapted for utilization/execution of work for following as a minimum:- - PPE - Tools & equipment - Hazard Identification & control - House keeping - Confined space entry - Hot works - Excavation - Loading & unloading - Work At height - Stacking & storage - Ergonomics - Procedures

3.1.7 Awareness and Motivation

The Contractor shall promote and develop awareness on Health, Safety and Environment

protection among all personnel working for the Contractor. Regular awareness programs and fabrication shop / work site meetings at least on monthly

basis shall be arranged on HSE activities to cover hazards/risks involved in various operations during construction.

Contractor to motivate & encourage the workmen & supervisory staff by issuing / awarding them with tokens/ gifts/ mementos/ monetary incentives / certificates, etc.

Contractor shall assess & recognize the behavioral change of its site engineers / supervisors periodically and constantly motivate / encourage them to implement HSE practices at project works

3.1.8 Fire prevention & First-Aid The Contractor shall arrange suitable First-aid measures such as First Aid Box (Refer

Appendix-B for details), trained personnel/nurse (male) to administer First Aid, stand-by Ambulance vehicle and

The Contractor shall arrange installation of fire protection measures such as adequate number of steel buckets with sand & water and adequate number of appropriate portable fire extinguishers (Refer Appendix-C for details) to the satisfaction of EIL/Owner.

The Contractor shall deploy trained supervisory personnel / field engineers to cater to any emergency situation.

In case the number of workers exceeds 500, the Contractor shall position an Ambulance / vehicle and nurse on round the clock basis very close to the worksite.

The Contractor shall arrange FIRE DRILL at each site at least once in three months, involving site workmen and site supervisory personnel & engineers. The Contractor shall maintain adequate record of such fire drills at project site

3.1.9 Documentation

The Contractor shall evolve a comprehensive, planned and documented system covering the following as a minimum for implementation and monitoring of the HSE requirements and the same shall be submitted for approval by owner/EIL. - HSE Organogram - Site specific HSE Plan - Safety Procedures, forms and Checklist. Indicative list of HSE procedures is attached as

Appendix :H - Inspections and Test Plan - Risk Assessment & Job Safety Analysis for critical works.

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The monitoring for implementation shall be done by regular inspections and compliance of the observations thereof. The Contractor shall get similar HSE requirements implemented at his sub-contractor(s) work site/office. However, compliance of HSE requirements shall be the responsibility of the Contractor. Any review/approval by EIL/Owner shall not absolve contractor of his responsibility/liability in relation to fulfilling all HSE requirements.

3.1.10 Audit

The Contractor shall submit an Audit Plan to EIL/Owner indicating the type of audits and covering following as minimum: Internal HSE audits regularly at least on quarterly basis by engaging internal qualified

auditors (viz safety officers/Construction personnel having 5 years experience in construction safety and Lead Auditor Course :OSHA 18001certification).

External HSE audits regularly at least on every six months by engaging qualified external auditors (viz safety officers/Construction personnel having 10 years experience in construction safety and Lead Auditor Course :OSHA 18001certification).

All HSE shortfalls/ non-conformances on HSE matters brought out during review/audit, shall be resolved forthwith ( generally within a week) by Contractor & compliance report shall be submitted to EIL/Owner. In addition to above audits by contractor, the contractor’s work shall be subjected to HSE audit by EIL/Owner at any point of time during the pendency of contract. The CONTRACTOR shall take all actions required to comply with the findings of the Audit Report and issue regular Compliance Reports for the same to OWNER/ EIL till all the findings of the Audit Report are fully complied. Failure to carry-out HSE Audits & its compliance (internal & external) by Contractor, shall invite penalization.

3.1.11 Meetings The Contractor shall ensure participation of his top most executive at site (viz. Resident

Construction Manager / Resident Engineer / Project Manager / Site-in-Charge) in Safety Committee / HSE Committee meetings arranged by EIL/Owner usually on monthly basis or as and when called for. In case Contractor’s top most executive at site is not in a position to attend such meeting, he shall inform EIL/Owner in writing before the commencement of such meeting indicating reasons of his absence and nominate his representative – failure to do so may invite very stringent penalization against the specific Contractor, as deemed fit in Contract. The obligation of compliance of any observations during the meeting shall be always time bound. The Contractor shall always assist EIL/Owner to achieve the targets set by them on HSE management during the project implementation.

In addition, the Contractor shall also arrange internal HSE meetings chaired by his top most

executive at site on weekly basis and maintain records. Such internal HSE meetings shall essentially be attended by field engineers / supervisors (& not by safety personnel only) of the Contractor and its associates. Records of such internal HSE meetings shall be maintained by the Contractor for review by EIL/Owner or for any HSE Audits.

Agenda of internal HSE meeting should broadly cover: -

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a) Confirmation of record notes / minutes of previous meeting b) Discussion on outstanding subjects of previous points / subjects, if any c) Incidents / Accidents (of all types) at project site, if any d) Current topics related to site activities / subjects of discussion e) House keeping f) Behavioral Safety g) Information / views / deliberations of members / site sub Contractors h) Report from Owner / Client i) Status of Safety awareness, Induction programs & Training programs

The time frame for such HSE meeting shall be religiously maintained by one and all.

3.1.12 Intoxicating drinks & drugs and Smoking

The Contractor shall ensure that his staff members & workers (permanent as well casual)

shall not be in a state of intoxication during working hours and shall abide by any law relating to consumption & possession of intoxicating drinks or drugs in force.

The Contractor shall not allow any workman to commence any work at any locations of project activity who is/are influenced / effected with the intake of alcohol, drugs or any other intoxicating items being consumed prior to start of work or working day.

Awareness about local laws on this issue shall form part of the Induction Training and compulsory work-site discipline.

The Contractor shall ensure that all personnel working for him comply with “No-Smoking”

requirements of the Owner as notified from time to time. Cigarettes, lighters, auto ignition tools or appliances as well as intoxicating drugs, dry tobacco powder, etc. shall not be allowed inside the project / plant complex.

Smoking shall be permitted only inside smoking booths exclusively designated &

authorized by the Owner/EIL.

3.1.13 Penalty The Contractor shall adhere consistently to all provisions of HSE requirements. In case of non-compliances and also for repeated failure in implementation of any of the HSE provisions, EIL/Owner may impose stoppage of work without any cost & time implication to the Owner and/or impose a suitable penalty. The amount of penalty to be levied against defaulted Contractor shall be up to a cumulative limit of 2.0% (Two percent) of the contract value for Item Rate or Composite contracts with an overall ceiling of 1, 00, 00, 000 (Rupees One crore) 0.5% (Zero decimal five percent) of the contract value for LSTK, OBE, EPC, EPCC or Package contracts with an overall ceiling of 10, 00.00.000 (Rupees ten crores) This penalty shall be in addition to all other penalties specified elsewhere in the contract. The decision of imposing stop-work-instruction and imposition of penalty shall rest with EIL/Owner. The same shall be binding on the Contractor. Imposition of penalty does not make the Contractor eligible to continue the work in unsafe manner. The amount of penalty applicable for the Contractor on different types of HSE violations is specified below:

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Sl. No.

Violation of HSE norms Penalty Amount

1. For not using personal protective equipment (Helmet, Shoes, Goggles, Gloves, Full body harness, Face shield, Boiler suit, etc.)

Rs 500/- per day/ Item / Person.

2. Working without Work Permit/Clearance Rs 20000/- per occasion

3 Execution of work without deployment of requisite field engineer / supervisor at work spot

Rs. 5000/- per violation per day

4. Unsafe electrical practices (not installing ELCB, using poor joints of cables, using naked wire without top plug into socket, laying wire/cables on the roads, electrical jobs by incompetent person, etc.)

Rs 10000/- per item per day.

5. Working at height without full body harness, using non-standard/ rejected scaffolding and not arranging fall protection arrangement as required, like hand-rails, life-lines, Safety Nets etc.

Rs. 10000/- per case per day.

6. Unsafe handling of compressed gas cylinders (No trolley, jubilee clips double gauge regulator, and not keeping cylinders vertical during storage/handling, not using safety cap of cylinder).

Rs 500/- per item per day.

7. Use of domestic LPG for cutting purpose / not using flash back arresters on both the hoses/tubes on both ends.

Rs. 3000/- per occasion.

8. No fencing/barricading of excavated areas / trenches.

Rs. 3000/- per occasion.

9. Not providing shoring/strutting/proper slope and not keeping the excavated earth at least 1.5M away from excavated area.

Rs.5, 000/- per occasion.

10. Non display of scaffold tags, caution boards, list of hospitals, emergency services available at work locations.

Rs.1000/- per occasion per day

11. Traffic rules violations like over speeding of vehicles, rash driving, talking on mobile phones during vehicle driving, wrong parking, not using seat belts, vehicles not fitted with reverse horn / warning alarms / flicker lamps during foggy weather.

Rs. 2000/- per occasion per day

12. Absence of Contractor’s RCM/SIC or his nominated representative (prior approval must be taken for each meeting for nomination) from site HSE meetings whenever called by EIL/Owner & failure to nominate his immediate deputy (in the site-organogram) for such HSE meetings.

Rs10000/- per meeting.

13. Failure to maintain HSE records by Contractor Safety personnel, in line with approved HSE Plan/Procedures/Contract specifications..

Rs 10000/- per month.

14. Failure to conduct daily site safety inspection (by Contractor’s safety engineers/safety officers), internal HSE meeting, internal HSE Awareness/Motivation Program, Site HSE Training and HSE audit at predefined frequencies (as approved in HSE Plan).

Rs.10000/- per occasion.

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Sl. No.

Violation of HSE norms Penalty Amount

15. Failure to submit the monthly HSE report by 5th of subsequent month to Project’s Engineer-in-Charge / Owner

Rs. 10000/- per occasion and Rs. 1000/- per day of further delay.

16. Poor House Keeping Rs. 5000/- per occasion per subject

17. Failure to report & follow up accident (including Near Miss) reporting system within specific time-frame.

Rs. 20000/- per occasion

18. Degradation of environment (not confining toxic spills, spilling oil/lubricants onto ground)

Rs10000/- per occasion

19. Not medically examining the workers before allowing them to work at height / to work in confined space / to work in shot-blasting / to work for painting / to work in bitumen or asphalt works, not providing ear muffs while allowing them to work in noise polluted areas, made them to work in air polluted areas without respiratory protective devices, etc.

Rs 5000/- per occasion per worker

20. Violation of any other safety condition as per job HSE plan / work permit and HSE conditions of contract (e.g. using crowbar on cable trenches, improper welding booth, not keeping fire extinguisher ready at hot work site, unsafe rigging practices, non-availability of First-Aid box at site, not using hood with respiratory devices by blaster for shot//grit blasting, etc.)

Rs. 5000/- per occasion

21. Failure to carry-out Safety audit in time (internal & external), close-out of identified shortfalls of Observations of Safety Aspects(OSA),etc

Rs. 20,000/- per occasion

22. Carrying out sand blasting instead of grit/shot blasting

Rs. 50,000/- per day

23. Failure to deploy adequately qualified and competent Safety Officer

Rs. 10000/- per day per Officer

24. Utilization of hydra/ back-hoe loader for material shifting or any other unauthorized /unsafe lifting works

Rs 25,000/- per occasion

25. Any incident / accident at project site has been caused because of willful negligence or gross violation of safety measures / provisions on the part of the Contractor or any of its sub-agencies

Rs 10,00,000/-per occasion

26. Any violation not covered above To be decided by EIL/Owner.

The Contractor shall make his field engineers/supervisors fully aware of the fact that they

keep track with the site workmen for their behavior and compliance of various HSE requirements. Safety lapses / defects of project construction site shall be attributable to the concerned job supervisor / engineer of the Contractor, (who remains directly responsible for safely executing field works). For repeated HSE violations, concerned job supervisor / engineer shall be reprimanded or appropriate action, as deemed fit, shall be initiated (with an information to EIL & Owner) by the concerned Contractor.

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Contractor shall initiate verbal warning shall be given to the worker/employee during his first HSE violation. A written warning shall be issued on second violation and specific training shall be arranged / provided by the Contractor to enhance HSE awareness/skill including feedback on the mistakes/ flaws. Any further violation of HSE stipulations by the erring individuals shall call for his forthright debar from the specific construction site. A record of warnings for each worker/employee shall be maintained by the Contractor, like by punching their cards / Gate passes or by displaying their names at the Project entry gate. Warnings, penalizations, appreciations etc. shall be discussed in HSE Committee meetings by site Head of the Contractor.

3.1.14 Accident/ Incident investigation All accidents / incidents shall be informed to EIL/Owner at least telephonically by Contractor immediately and in writing within 24 hours on Format No. HSE-2 as applicable , by Contractor. Thereafter, a Supplementary Accident / Incident investigation Report on Format No. HSE-3 shall be submitted to EIL/Owner within 72 hours. Near Miss incident(s),Dangerous accidents/incident shall also be reported on Format No. HSE-4 within 24 hours. The accident/ incident shall be investigated by a team of Contractor’s senior Site personnel (involving Site-in-Charge or at least by his deputy) for establishing root-cause and recommending corrective & preventive actions. Findings shall be documented and suitable actions taken to avoid recurrences shall be communicated to EIL/Owner. Owner/EIL shall have the liberty to independently investigate such occurrences and the Contractor shall extend all necessary help and cooperation in this regard. EIL/Owner shall have the right to share the content of this report with the outside world.

3.2 House Keeping The Contractor shall ensure that a high degree of house keeping is maintained and shall ensure inter alia; the followings: a) All surplus earth and debris are removed/disposed off from the working areas to designated

location(s). b) Unused/surplus cables, steel items and steel scrap lying scattered at different places within

the working areas are removed to identify location(s). c) All wooden scrap, empty wooden cable drums and other combustible packing materials,

shall be removed from work place to identified location(s). d) Roads shall be kept clear and materials like pipes, steel, sand, boulders, concrete, chips and

bricks etc shall not be allowed on the roads to obstruct free movement of men & machineries.

e) Fabricated steel structural, pipes & piping materials shall be stacked properly for erection. f) Water logging on roads shall not be allowed. g) No parking of trucks/trolleys, cranes and trailers etc shall be allowed on roads, which may

obstruct the traffic movement. h) Utmost care shall be taken to ensure over all cleanliness and proper upkeep of the working

areas. i) Trucks carrying sand, earth and pulverized materials etc. shall be covered while moving

within the plant area/ or these materials shall be transported with top surface wet. j) The contractor shall ensure that the atmosphere in plant area and on roads is free from

particulate matter like dust, sand, etc. by keeping the top surface wet for ease in breathing. k) At least two exits for any unit area shall be assured at all times – same arrangement is

preferable for digging pits / trench excavation / elevated work platforms / confined spaces etc.

l) Welding cables and the power cable must be segregated and properly stored and used .The same shall be laid away from the area of movement and shall be free from obstruction.

m) Schedule for upkeep/cleaning of site to be firmed up and implemented on regular basis

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The Contractor shall carry-out regular checks (minimum one per fortnight) as per format No: HSE-11 for maintaining high standard of housekeeping and maintain records for the same.

3.3 HSE Measures

3.3.1 Construction Hazards The Contractor shall ensure identification of all Occupational Health, Safety & Environmental hazards in the type of work he is going to undertake and enlist mitigation measures. Contractor shall carry out Job Safety Analysis (JSA)/Risk Analysis specifically for high risk jobs/crtical jobs like a) Working at height (+2.0 Mts height) for cold (incl. colour washing, painting, insulation

etc.) & hot works. b) Work in confined space, c) Deep excavations & trench cutting (depth > 2.0 mts.) d) Operation & Maintenance of Batching Plant. e) Shuttering / concreting (in single or multiple pour) for columns, parapets & roofs. f) Erection & maintenance of Tower Crane. g) Erection of structural steel members / roof-trusses / pipes at height more than 2.0 Mts. with

or without crane. h) Erection of pipes (full length or fabricated) at height more than 2.0 Mts. height with Crane

of 100T capacity. i) All lifts using 100T Crane plus mechanical pulling. j) All lifts using two cranes in unison (Tandem Lifting). k) Any lift exceeding 80% capacity of the lifting equipments (hydra, crane etc.). l) Laying of pipes (isolated or fabricated) in deep narrow trenches – manually or

mechanically. m) Maintenance of crane / extension or reduction of crane-boom on roads or in yards. n) Erection of any item at >2.0 Mts. height using 100T crane or of higher capacity o) Hydrostatic test of pipes, vessels & columns and water-flushing. p) Radiography jobs (in-plant & open field) q) Work in Live Electrical installations / circuits r) Handling of explosives & Blasting operations s) Demolishing / dismantling activities t) Welding / gas cutting jobs at height (+2.0 Mts.) u) Lifting / placing roof-girders at height (+2.0 Mts.) v) Lifting & laying of metallic / non-metallic sheet over roof/structures. w) Lifting of pipes, gratings, equipments/vessels at heights (+2.0 Mts) with & without using

cranes x) Calibration of equipment, instruments and functional tests at yards / work-sites. y) Operability test of Pump, Motors (after coupling) & Compressors. z) Cold or Hot works inside Confined Space. aa) Transportation & shifting of ODC consignments into project areas. bb) Working in “charged/Live” elect. Panels cc) Stress Relieving works (Electrically or by Gas-burners). dd) Pneumatic Tests ee) Card board blasting ff) Chemical cleaning

and take feedback from EIL/Owner. The necessary HSE measures devised shall be put in to place, prior to start of an activity & also shall be maintained during the course of works, by the Contractor. Copies of such JSAs shall be kept available at work sites by the Contractor to enable all concerned carrying out checks / verification.

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A list of typical construction hazards along with their effects & preventive measures is given in Appendix-E.

3.3.2 Accessibility The Contractor shall provide safe means of access(in sufficient numbers) & efficient exit to

any working place including provisions of suitable and sufficient scaffolding at various stages during all operations of the work for the safety of his workmen and EIL/Owner.

The Contractor shall implement use of all measures including use of “life line”, “fall-

arresters”, “retractable fall arresters” , “safety nets” etc. during the course of using all safe accesses & exits, so that in no case any individual remains at risk of slip & fall during their travel.

The access to operating plant / project complex shall be strictly regulated. Any person or

vehicle entering such complex shall undergo identification check, as per the procedures in force / requirement of EIL/Owner.

Accessibility to ‘confined space’ shall be governed by specific system / regulation, as established at project site.

3.3.3 Personal Protective Equipments (PPEs)

The Contractor shall ensure that all their staff, workers and visitors including their sub-

contractor(s) have been issued (records to be kept) & wear appropriate PPEs like nape strap type safety helmets preferably with head & sweat band with ¾” cotton chin strap (made of industrial HDPE), safety shoes with steel toe cap and antiskid sole, full body harness (CЄ marked and conforming to EN361), protective goggles, gloves, ear muffs, respiratory protective devices, etc. All these gadgets shall conform to applicable IS Specifications/CE or other applicable international standards. The Contractor shall implement a regular regime of inspecting physical conditions of the PPEs being issued / used by the workmen of their own & also its sub-agencies and the damaged / unserviceable PPEs shall be replaced forthwith.

Owner/EIL may issue a comprehensive color scheme for helmets to be used by various

agencies. The Contractor shall follow the scheme issued by the owner/EIL and shall choose any colour other than white (for Owner) or blue (for EIL) All HSE personnel shall preferably wear dark green band on their helmet so that workmen can approach them for guidance during emergencies. HSE personnel shall preferably wear such dresses with fluorescent stripes, which are noticeable during night, when light falls on them.

For shot blasting, the usage of protective face shield and helmets, gauntlet and protective

clothing is mandatory. Such protective clothing should conform relevant IS Specification. For off-shore jobs/contracts, contractor shall provide PPEs (new) of all types to EIL &

Owner's personnel, at his (contractor's) cost. All personnel shall wear life jacket at all time. An indicative list of HSE standards/codes is given under Appendix-A. Contractor shall ensure procurement & usage of following safety equipments/ accessories

(conforming to applicable IS mark / CE standard) by their staff, workmen & visitors including their subcontractors all through the span of project construction / pre-commissioning/ Commissioning:-‘

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a. PPEs (Helmet, Spectacle, Ear-muff, Face shield, Hand gloves, Safety Shoes, Gum boot)

b. Barricading tape / warning signs c. Rechargeable Safety torch (flame-proof) d. Safety nets (with tie-chords) e. Fall arresters f. Portable ladders (varying lengths) g. Life-lines (steel wire-rope, dia not less than 8.0 mm) h. Full body harness (double lanyard) i. Lanyard j. Karabiner k. Retractable fall arresters (various length) l. Portable fire extinguishers (DCP type) – 5 kg capacity m. Portable Multi Gas detector n. Sound level meter o. Digital Lux meter p. Fire hoses & flow nozzles q. Fire blankets / Fire retardant cloth (with eyelets)

3.3.4 Working at height

The Contractor shall issue permit for working (PFW) at height after verifying and

certifying the checkpoints as specified in the attached permit (Format No. HSE-6). He shall also undertake to ensure compliance to the conditions of the permit during the currency of the permit including adherence of personal protective equipments. Contractor’s Safety Officer shall verify compliance status of the items of permit document after implementation of action is completed by Contractor’s execution / field engineers at work site. Job Safety Analysis (JSA) for specific works at height duly commented by EIL/Owner, shall be kept attached with particular Permit for Work (PFW) at site for ready reference & follow-up.

Such PFW shall be initially issued for one single shift or expected duration of normal work

and extended further for balance duration, if required. EIL/Owner can devise block-permit system at any specific area, in consultation with project specific HSE Committee to specify the time-period of validity of such PFW or its renewal. This permit shall be applicable in areas where specific clearance from Owner’s operation Deptt. /Safety Deptt. is not required. EIL / Owner’s field Engineers/Safety Officers/Area Coordinators may verify and counter sign this permit (as an evidence of verification) during the execution of the job.

All personnel shall be medically examined & certified by registered doctor, confirming

their ‘medical fitness for working at height. The fitness examination shall be done once in six months.

In case work is undertaken without taking sufficient precautions as given in the permit, EIL

/Owner Engineers may exercise their authority to cancel such permit and stop the work till satisfactory compliance/rectification is arranged made. Contractors are expected to maintain a register for issuance of permit and extensions thereof including preserving the used permits for verification during audits etc.

The Contractor shall arrange (at his cost) and ensure use of Fall Arrester Systems by his

workers. Fall arresters are to be used while climbing/descending tall structures or vessels / columns etc. These arresters should lock automatically against the anchorage line, restricting free fall of the user. The device is to be provided with a double security opening system to ensure safe attachment or release of the user at any point of rope. In order to

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avoid shock, the system should be capable of keeping the person in vertical position in case of a fall.

The Contractor shall ensure that Full body harnesses conforming EN361 and having

authorized CЄ marking is used by all personnel while working at height. The lanyards and life lines should have enough tensile strength to take the load of the worker in case of a fall. One end of the lanyard shall be firmly tied with the harnesses and the other end with life line. The harness should be capable of keeping the workman vertical in case of a fall, enabling him to rescue himself.

The Contractor shall provide Roof Top Walk Ladders for carrying out activities on sloping

roofs in order to reduce the chances of slippages and falls. The Contractor shall ensure that a proper Safety Net System is used wherever the hazard of

fall from height is present. The safety net, preferably a knotted one with mesh ropes conforming to IS 5175/ ISO 1140 shall have a border rope & tie cord of minimum 12mm dia. The Safety Net shall be located not more than 6.0 meters below the working surface extending on either side up to sufficient margin to arrest fall of persons working at different heights.

In case of accidental fall of person on such Safety Net, the bottom most portion of Safety

Net should not touch any structure, object or ground. The Contractor shall ensure positive isolation while working at different levels like in the

pipe rack areas. The working platforms with toe boards & hand rails shall be sufficiently strong & shall have sufficient space to hold the workmen and tools & tackles including the equipments required for executing the job. Such working platforms shall have mid-rails, to enable people work safely in sitting posture.

3.3.5 Scaffoldings & Barricading

Suitable scaffoldings shall be provided to workmen for all works that cannot be safely done

from the ground or from solid construction except such short period work that can be safely done using ladders or certified (by 3rd party competent person) man-basket. When a ladder is used, an extra workman shall always be engaged for holding the ladder.

The Contractor shall ensure that the scaffolds used during construction activities shall be

strong enough to take the designed load. Main Contractor shall always furnish duly approved construction-design details of scaffold & SWL (from competent designers) free of charge, before they are being installed / constructed at site. Owner/EIL reserves the right to ask the Contractor to submit certification and or design calculations from his Head office / Design/ Engineering expert regarding load carrying capacity of the scaffoldings.

All scaffolds shall be inspected by a competent Scaffolding Inspector of the Contractor. He

shall paste a GREEN tag (duly signed by competent Scaffolding Inspector) on each scaffold found safe and a RED tag (duly signed by competent Scaffolding Inspector) on each scaffold found unsafe. Scaffolds with GREEN tag only shall be permitted to be used and Scaffolds with RED ones shall immediately be made inaccessible. Work being found continuing on scaffolds with RED tag shall be considered unauthorized work by Contractor and may invite penalization from EIL/Owner. For every 120-125 m2 /m3 area / volume or its parts thereof minimum one TAG shall be provided.

The Contractor shall ensure positive barricading (indicative as well as protective) of the excavated, radiography, heavy lift, high pressure hydrostatic & pneumatic testing and other such areas. Sufficient warning signs shall be displayed along the barricading areas.

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Scaffolding shall be constructed using foot seals or base plates only.

3.3.6 Electrical installations

All electrical installations/ connections shall be carried out as per the provisions of latest revision of following codes/standards, in addition to the requirements of Statutory Authorities and IE/applicable international rules & regulations:

- OISD STD 173 : Fire prevention & protection system for electrical installations - SP 30 (BIS) : National Electric Code

All electrical installations shall be approved by the concerned statutory authorities. All temporary electrical installations / facilities shall be regularly checked by the

licensed/competent electricians of the Contractor and appropriate records shall be maintained in format no: HSE-12” Inspection of temporary electrical booth/installation at project construction site”. Such inspection records are to be made available to EIL/Owner, whenever asked for.

3.3.6.1 The Contractor shall meet the following requirements:

a. Shall make Single Line Diagram (SLD) for providing connection to each equipments & machinery and the same (duly approved by EIL/Owner) shall be pasted on the front face of DBs (distribution boards) or JBs (Junction boxes) at every site. ( A typical Switch Board Sketch is attached as Appendix -G )

b. Ensure that electrical systems and equipment including tools & tackles used during

construction phase are properly selected, installed, used and maintained as per provisions of the latest revision of the Indian Electrical/ applicable international regulations.

c. Shall deploy qualified & licensed electricians for proper & safe installation and for regular

inspection of construction power distribution system/points including their earthing. A copy of the license shall be submitted to EIL / Owner for records. Availability of at least one competent (ITI qualified) / licensed electrician (by State Elec. authorities) shall be ensured at site round the clock to attend to the normal/emergency jobs.

d. All switchboards / welding machines shall be kept in well-ventilated & covered shed/ with

rain shed protection. The shed shall be elevated from the existing ground level to avoid water logging inside the shed . Installation of electrical switch board must be done taking care of the prevention of shock and safety of machine.

e. No flammable materials shall be used for constructing the shed. Also flammable materials

shall not be stored in and around electrical equipment / switchboard. Adequate clearances and operational space shall be provided around the equipment.

f. Fire extinguishers and insulating mats shall be provided in all power distribution centers. g. Temporary electrical equipment shall not be employed in hazardous area without obtaining

safety permit. h. Proper housekeeping shall be done around the electrical installations. i. All temporary installations shall be tested before energizing, to ensure proper earthing,

bonding, suitability of protection system, adequacy of feeders/cables etc.

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j. All welders shall use hand gloves irrespective of holder voltage. k. Multilingual (Hindi, English and local language) caution boards, shock treatment charts and

instruction plate containing location of isolation point for incoming supply, name & telephone No. of contact person in emergency shall be provided in substations and near all distribution boards / local panels.

l. Operation of earth leakage device shall be checked regularly by temporarily connecting

series test lamp (2 bulbs of equal rating connected in series) between phase and earth. ELCB tester /test meter shall be used for testing ELCBs

m. Regular inspection of all installations at least once in a month. (Ref. Format HSE-12).

3.3.6.2 The following features shall also be ensured for all electrical installations during construction

phase by the contractor: Each installation shall have a main switch with a protective device, installed in an

enclosure adjacent to the metering point. The operating height of the main switch shall not exceed 1.5 M. The main switch shall be connected to the point of supply by means of armoured cable.

The outgoing feeders shall be double or triple pole switches with fuses / MCBs. Loads in a

three phase circuit shall be balanced as far as possible and load on neutral should not exceed 20% of load in the phase.

The installation shall be adequately protected against overload, short circuit and earth

leakage by the use of suitable protective devices. Fuses wherever used shall be HRC type. Use of rewirable fuses shall be strictly prohibited. The earth leakage device shall have an operating current not exceeding 30 mA.

All connections to the hand tools / welding receptacles shall be taken through proper

switches, sockets and plugs. All single phase sockets shall be minimum 3 pin type only. All unused sockets shall be

provided with socket caps. Only 3 core (P+N+E) overall sheathed flexible cables with minimum conductor size of 1.5

mm2 copper shall be used for all single phase hand tools. Only metallic distribution boxes with double earthing shall be used at site. No wooden

boxes shall be used. All power cables shall be terminated with compression type cable glands. Tinned copper

lugs shall be used for multi-strand wires / cables. Cables shall be free from any insulation damage. Minimum depth of cable trench shall be 750 mm for MV & control cables and 900 mm for

HV cables. These cables shall be laid over a sand layer and covered with sand, brick & soil for ensuring mechanical protection. Cables shall not be laid in waterlogged area as far as practicable. Cable route markers shall be provided at every 25 M of buried trench route. When laid above ground, cables shall be properly cleated or supported on rigid poles of at least 2.1 M high. Minimum head clearance of 6 meters shall be provided at road crossings.

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Under ground road crossings for cables shall be avoided to the extent feasible. In any case no under ground power cable shall be allowed to cross the roads without pipe sleeve.

All cable joints shall be done with proper jointing kit. No taped/ temporary joints shall be

used. An independent earthing facility should preferably be established within the temporary

installation premises. All appliances and equipment shall be adequately earthed. In case of armoured cables, the armour shall be bonded to the earthing system.

All cables and wire rope used for earth connections shall be terminated through tinned

copper lugs. In case of local earthing, earth electrodes shall be buried near the supply point and earth

continuity wire shall be connected to local earth plate for further distribution to various appliances. All insulated wires for earth connection shall have insulation of green colour.

Separate core shall be provided for neutral. Earth / Structures shall not be used as a neutral

in any case. ON/OFF position of all switches shall be clearly designated / painted for easy isolation in

emergency.

3.3.7 Welding/ Gas cutting Contractor shall ensure that flash back arrestors conforming to BS: 6158 or equivalent are

installed on all gas cylinders as well as at the torch end of the gas hose, while in use. All cylinders shall be mounted on trolleys and provided with a closing key. Empty &

filled-up gas cylinders shall be stored separately with TAG, protecting them from direct sun or rain. Minimum 2 nos. of Portable DCP type fire extinguishers (10 kg) shall be maintained at the gas cylinder stores. Stacking & storing of compressed gas cylinders shall be arranged away from DG set, hot works, Elect. Panels / Elec. boards, etc

The burner and the hose placed downstream of pressure reducer shall be equipped with Flash Back Arrester/Non Return Valve device.

The hoses for acetylene and oxygen cylinders must be of different colours. Their connections to cylinders and burners shall be made with a safety collar.

At end of work, the cylinders in use shall be closed and hoses depressurized. Cutting of metals using gases, other than oxygen & acetylene, shall require written

concurrence from Owner. All welding machines shall have effective earthing at least at distinctly isolated two points. In order to help maintain good housekeeping, and to reduce fire hazard, live electrode bits

shall be contained safely and shall not be thrown directly on the ground. The hoses of Acetylene and Oxygen shall be kept free from entanglement & away from

common pathways / walkways and preferably be hanged overhead in such a manner which can avoid contact with cranes, hydra or other mobile construction machinery.

Hot spatters shall be contained / restricted appropriately (by making use of effective fire-retardant cloth/fabric) and their flying-off as well as chance of contact with near-by flammable materials shall be stopped.

The Contractor shall arrange adequate systems & practices for accumulation / collection of metal & other scraps and remnant electrodes and their safe disposal at regular interval so as to maintain the fabrication and other areas satisfactorily clean & tidy.

All gas cylinders must have a cylinder cap on at all times when not in use.

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3.3.8 Ergonomics and tools & tackles The Contractor shall assign to his workmen, tasks commensurate with their qualification,

experience and state of health. All lifting tools, tackles, equipment, accessories including cranes shall be tested

periodically by statutory/competent authority for their condition and load carrying capacity. Valid test & fitness certificates from the applicable authority shall be submitted to Owner/EIL for their review/acceptance before the lifting tools, tackles, equipment, accessories and cranes are used.

The contractor shall not be allowed to use defective equipment or tools not adhering to safety norms.

Contractor shall arrange non-sparking tools for project construction works in operating plant areas / hydrocarbon prone areas.

Wherever required the Contractor shall make use of Elevated Work Platforms (EWP) or Aerial Work Platforms (mobile or stationary) to avoid ergonomical risks and workmen shall be debarred to board such elevated platform during the course of their shifting / transportation.

Contractor shall ensure installation of Safe Load Indicator (SLI) on all cranes (while in use) to minimize overloading risk. SLI shall have capability to continuously monitor and display the load on the hook, and automatically compare it with the rated crane capacity at the operating condition of the crane. The system shall also provide visual and audible warnings at set capacity levels to alert the operator in case of violations.

The contractor shall be responsible for safe operations of different equipments mobilized and used by him at the workplace like transport vehicles, engines, cranes, mobile ladders, scaffoldings, work tools, etc.

The Contractor shall arrange periodical training for the operators of hydra, crane, excavator, mobile machinery, etc. at site by utilizing services from renowned manufacturers

3.3.9 Occupational Health

The contractor shall identify all operations that can adversely affect the health of its

workers and issue & implement mitigation measures. For surface cleaning operations, sand blasting shall not be permitted even if not explicitly

stated elsewhere in the contract. To eliminate radiation hazard, Tungsten electrodes used for Gas Tungsten Arc Welding

shall not contain Thorium. Appropriate respiratory protective devices(hood with respiratory devices) shall be used to

protect workmen from inhalation of air borne contaminants like silica, asbestos, gases, fumes, etc.

Workmen shall be made aware of correct methods for lifting, carrying, pushing & pulling

of heavy loads. Wherever possible, manual handling shall be replaced by mechanical lifting equipments.

For jobs like drilling/demolishing/dismantling where noise pollution exceeds the specified

limit of 85 decibels, ear muffs shall be provided to the workers. To avoid work related upper limb disorders (WRULD) and backaches, Display Screen

Equipments' workplace stations shall be carefully designed & used with proper sitting postures. Power driven hand-held tools shall be maintained in good working condition to

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minimize their vibrating effects and personnel using these tools shall be taught how to operate them safely & how to maintain good blood circulation in hands.

The Contractor shall arrange health check up (by registered medical practitioner) for all the

workers at the time of induction. Health check may have to be repeated if the nature of duty assigned to him is changed necessitating health check or doubt arises about his wellness. EIL/Owner reserves the right to ask the contractor to submit medical test reports. Regular health check-ups are mandatory for the workers assigned with Welding, Radiography, Blasting, Painting, Heavy Lift and Height (>2m) jobs. All the health check-ups shall be conducted by registered Medical practitioner and records are to be maintained by the Contractor.

The Contractor shall ensure vaccination of all the workers including their families, during

the course of entire project span.

3.3.10 Hazardous substances Hazardous, inflammable and/or toxic materials such as solvent coating, thinners, anti-

termite solutions, water proofing materials shall be stored in appropriate containers preferably with lids having spillage catchment trays and shall be stored in a good ventilated area. These containers shall be labeled with the name of the materials highlighting the hazards associated with its use and necessary precautions to be taken. Respective MSDS (Material Safety Data Sheet) shall be made available at site & may be referred whenever problem arises.

Where contact or exposure of hazardous materials are likely to exceed the specified limit or

otherwise have harmful effects, appropriate personal protective equipments such as gloves, goggles/face-shields, aprons, chemical resistant clothing, respirator, etc. shall be used.

The work place shall be checked prior to start of activities to identify the location, type and

condition of any asbestos materials which could be disturbed during the work. In case asbestos material is detected, usage of appropriate PPEs by all personnel shall be ensured and the matter shall be reported immediately to EIL/ Owner.

3.3.11 Slips, trips & falls

The contractor shall establish a regular cleaning and basic housekeeping programme that covers all aspects of the workplace to help minimize the risk of slips, trips & falls. The contractor shall take positive measures like keeping the work area tidy, storing waste in suitable containers & harmful items separately, keeping passages, stairways, entrances & exits especially emergency ones clear, cleaning up spillages immediately and replacing damaged carpet/ floor tiles, mats & rugs at once to avoid slips, trips & falls.

3.3.12 Radiation exposure All personnel exposed to physical agents such as ionizing & non-ionizing radiation,

including ultraviolet rays or similar other physical agents shall be provided with adequate shielding or protection commensurate with the type of exposure involved.

For Open Field Radiography works , requirements of Bhabha Atomic Research Centre

(BARC)/ Atomic Energy Regulatory Board (AERB) shall be followed. The Contractor shall implement an effective system of control (as described in the AERB

regulations) at site for handling radiography-sources & for avoiding its misuse & theft.

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The contractor shall generate the Format No: HSE-8 “Permit for radiation work” before start of work.

In case the radiography work has to be carried out at day time, suitable methodology to be

used so that other works, people are not affected.

3.3.13 Explosives/Blasting operations Blasting operations shall be carried out as per latest Explosive Rules (Indian / International)

with prior permission. The Contractor shall obtain license from Chief Controller of Explosives (CCoE) for collection, transportation, storage of explosives as well as for carrying out blasting operations.

The Contractor shall prepare exclusive method statement (in cognizance with statutory requirements) for diffusing unfired explosives, if any, at project site before carrying out actual task. Nowhere blasting shall be carried out by the Contractor or its agency without the involvement of competent supervisor and licensed blaster / shot blaster.

3.3.14 Demolition/ Dismantling

The contractor shall adhere to safe demolishing/ dismantling practices at all stages of work

to guard against unsafe working practices. The contractor shall disconnect service lines (power, gas supply, water, etc.)/ make

alternate arrangements prior to start of work and restore them, if required as directed by EIL/ Owner at no extra cost.

Before carrying out any demolition/ dismantling work, the contractor shall take prior approval of EIL/Owner and generate the Format No.HSE-9. For revamp jobs in operating plants where location of underground utilities is not known with certainty, the contractor shall depute an experienced engineer for supervision and shall make adequate arrangements for Fire fighting & First-Aid during the execution of these activities.

The Contractor shall arrange approved Job Safety Analysis (JSA) / Method Statement for the specific demolition / dismantling task and corresponding action plan commensurate with hazards / risks associated therein. In no case any activity related to demolition / dismantling shall be carried out by the Contractor without engaging own supervision / field engineer.

3.3.15 Road Safety

The Contractor shall ensure adequately planned road transport safety management system. The vehicles shall be fitted with reverse warning alarms & flashing lights / fog-lights and

usage of seat belts shall be ensured. The Contractor shall also ensure a separate pedestrian route for safety of the workers and

comply with all traffic rules & regulations, including maintaining speed limit of 20 kmph or indicated by owner for all types of vehicles / mobile machinery. The maximum allowable speed shall be adhered to.

In case of an alert or emergency, the Contractor must arrange clearance of all the routes, roads, access. The Contractor shall deploy sufficient number of traffic controllers at project site routes / roads/ accesses, to alert reversing movement of vehicles & machinery as well as pedestrians.

Dumpers, Tippers, etc. shall not be allowed to carry workers within the plant area and also

to & from the labour colony to & from project sites. Hydras shall only be allowed for handling the materials at fabrication/ storage yards and in

no case shall be allowed to transport the materials over project / plant roads.

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The Contractor shall not deploy any such mobile machinery / equipments, which do not have competent operator and / or experienced banks-man / signal-man. Such machinery / equipments shall have effective limit-switches, reverse-alarm, front & rear-end lights etc. and shall be maintained in good working order.

The Contractor shall not carry-out maintenance of vehicles / mobile machinery occupying

space on project / plant roads and shall always arrange close supervision for such works. For pipeline jobs, the contractor shall submit a comprehensive plan covering transportation,

loading / unloading of pipes, movement of side booms, movement of vehicles on the ROW, etc.

Contractor’s shall arrange /install visible road signs, diversion boards, caution boards, etc

on project roads for safe movement of men and machinery.

3.3.16 Welfare measures Contractor shall, at the minimum, ensure the following facilities at work sites: A crèche at site where 10 or more female workers are having children below the age of 6

years. Adequately ventilated / illuminated rooms at labour camps & its hygienic up-keeping. Reasonable canteen facilities at site and in labour camps at appropriate location depending

upon site conditions. Contractor shall make use of “industrial” variety of LPG cylinder & satisfactory illumination at the canteens. Necessary arrangement for efficient disposal of wastes from canteens & urinals /toilets shall also be made and regular review shall be made to maintain the ambience satisfactorily hygienic & shall also comply with all applicable statutory requirements.

Adequately lighted & ventilated Rest rooms at site (separate for male workers and female workers).

Urinals, Toilets, drinking water, washing facilities, adequate lighting at site and labour camps, commensurate with applicable Laws / Legislation.

3.3.17 Environment Protection

Contractor shall ensure proper storage and utilization methodology of materials that are detrimental to the environment. Where required, Contractor shall ensure that only the environment friendly materials are selected and emphasize on recycling of waste materials, such as metals, plastics, glass, paper, oil & solvents. The waste that cannot be minimized, reused or recovered shall be stored and disposed of safely. In no way, toxic spills shall be allowed to percolate into the ground. The contractor shall not use the empty areas for dumping the wastes. The contractor shall strive to conserve energy and water wherever feasible. The contractor shall ensure dust free environment at workplace by sprinkling water on the ground at frequent intervals. The air quality parameters for dust, poisonous gases, toxic releases, harmful radiations, etc. shall be checked by the contractor on daily basis and whenever need arises. The contractor shall not be allowed to discharge chemicals, oil, silt, sewage, sullage and other waste materials directly into the controlled waters like surface drains, streams, rivers, ponds. A discharge plan suggesting the methods of treating the waste before discharging shall be submitted to EIL/Owner for approval.

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For pipeline jobs, top soil shall be stacked separately while making ROW through fields. This fertile soil shall be placed back on top after backfilling. For offshore construction barges, arrangements shall be made for safe disposal of human, food & other wastes and applicable laws in this regard shall be followed.

3.3.18 Rules & Regulations All persons deployed at site shall be knowledgeable of and comply with the environmental laws, rules & regulations relating to the hazardous materials, substances and wastes. Contractor shall not dump, release or otherwise discharge or disposes off any such materials without the express authorization of EIL/Owner. An indicative list of Statutory Acts & Rules relating to HSE is given under Appendix-D.

3.3.19 Weather Protection Contractor shall take appropriate measures to protect workers from severe storms, rain, solar radiations, poisonous gases, dust, etc. by ensuring proper usage of PPEs like Sun glasses, Sun screen lotions, respirators, dust masks, etc. and rearranging/ planning the construction activities to suit the weather conditions. Effective arrangement (without creating inconvenience to project facilities & permanent installations) for protecting workmen from hailstorm, drizzle in the form of temporary shelter shall be made at site.

3.3.20 Communication All persons deployed at the work site shall have access to effective means of communication so that any untoward incident can be reported immediately and assistance sought by them. All health & safety information shall be communicated in a simple & clear language easily understood by the local workforce. For information to all, typical subjects that should be communicated are: - Inside the company (Top to down) a. Quality Policy b. HSE Policy contents c. Environment Policy d. HSE Objectives e. Safety Cardinal Rules f. HSE Target – reached or missed g. Praises & Warnings to personnel for HSE Management h. Safety Walk Through Reports and safety defects / shortfalls (by management) i. HSE Audit results j. Revised Statutory Health & Safety provisions, if any k. H & S publicity l. Suggestions Inside the Company (Bottom to up) a. Complaints b. Compliances on safety defects / shortfalls c. Suggestions d. Proposals for changes & improvements e. HSE Reports (including near-miss reports)

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3.3.21 Confined Space Entry

The contractor shall generate a work permit (Format No. HSE -7) before entering a confined space. People, who are permitted to enter into confined space, must be medically examined & certified by registered doctor, confirming their ‘medical fitness for working in confined space’. All necessary precautions mentioned therein shall be adhered to. An attendant shall be positioned outside a confined space for extending help during an emergency. All appropriate PPEs and air quality parameters shall be checked before entering a confined space. It shall be ensured that the piping of the equipment which has to be opened is pressure- free by checking that blinds are in place, vents are open and volume is drained. Inside confined space works, only electrical facilities / installations of 24V shall be permitted. Contactor shall ensure usage of safe & suitable arrangement of oxygen supply for individual workmen (during the course of work in confined space), if oxygen concentration is found to be less than 19.5% (v/v) there.

3.3.22 Heavy Lifts

The contractor shall submit detailed rigging studies plan for EIL/ Owner approval prior to lifting equipment which cannot be erected with a crane of approx. 100 MT capacity due to constraints of its dimensions, location of foundation height, approach & weight.

Contractor shall generate the format no:HSE-15 “Permit for heavy lift/critical erection” Prior to actual lifting activities, contractor shall check the validity of the crane inspection

certificate issued by statutory/ competent authority. This requirement shall also apply to all rigging equipments utilized for the job.

The contractor shall, at all times, be responsible for all rigging activities. The Contractor shall ensure medical fitness of all workmen who are engaged / involved in

erection of equipments, vessels etc. and such fitness checks shall be carried-out every six months interval with the help of a registered medical practitioner & record shall be maintained

Adequate safety measures such as positive barricading, usage of appropriate PPEs, permit

to work, etc. shall be taken during all heavy or critical lifts. For lifting any material (irrespective of shape, size or volume), at any height, it is always

advisable to prepare a Plan of Erection (PoE) taking into consideration hazards & risks associated therein – this can enable people to put their own experiences of various natures & side-by-side establish a practical method for risk-free erection / lifts. The contractor shall prepare PoE & shall document the same, when risks are identified as “medium” or “high” and the same shall be approved by its competent / qualified engineer.

3.3.23 Key Performance Indicators

The contractor shall measure an activity in both leading & trailing indicators for statistical and performance measurement. The activities pertaining to key performance indicators are covered in Monthly HSE Report (Format No. HSE-5). The contractor shall try to achieve a statistically fair record and strive for its continual improvement. Leading Indicators viz:-: - Number of Safety Inductions carried-out at site (for workmen & staff members) - Number of HSE inspections carried out - Number of “Safety Walk Through” carried-out by site-head.

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- Number of HSE shortfalls / lapses identified per contractor & closed-out in time. - Number of Safety Meetings conducted (in-house / with contractors) - Number of HSE Audits made (internal & external) vis-à-vis non conformances raised - Number of HSE Awareness / Motivational program conducted by contractors - Number of HSE Trainings conducted at site for supervisors & workmen - Study of Near miss case reported - Encouragements / Awards / Recognitions to workmen, job supervisors & field engineers. - Suggestions for improvement Trailing Indicators viz:-: - Calculation of HSE statistics viz frequency rate, severity rate, LTA free manhours,etc - Analysis of incidents / accidents (nature, severity, types etc.) - Study of Incident / Accident with respect to :-

Variety Period of the year / project span Timings of the incident / accident Age profile of victims Body parts involved Penalty levied for causing incident / accident

3.3.24 Unsuitable Land Conditions

Contractor shall take appropriate measures and necessary work permits/clearances if work is to be done in or around marshy areas, river crossings, mountains, monuments, etc. The Contractor shall make right assessment and take all necessary action for developing work areas to make them safe & suitable for crane operations or other vehicular movement before carrying out any project related activity / operation. Contractor shall take all necessary actions to make the surroundings of its site establishments (site office, stores, lay-down area etc.) work-worthy safe and secure.

3.3.25 Under Water Inspection Contractor shall ensure that boats and other means used for transportation, surveying & investigation works shall be certified seaworthy by a recognized classification society. It shall be equipped with all life saving devices like life jackets, adequate fire protection arrangements and shall posses communication facilities like cellular phones, wireless, walkie-talkie. All divers used for seabed surveys, underwater inspections shall have required authorized license, suitable life saving kit. Number of hours of work by divers shall be limited as per regulations. EIL/ Owner shall have the right to inspect the boat and scrutinize documents in this regard.

3.3.26 Excavation

The Contractor shall obtain permission from competent authorities prior to excavation wherever required. The Contractor shall locate the position of buried utilities (water line, cable route, etc.) by referring to project / plant drawing / in consultation with EIL/Owner. The Contractor shall start digging manually to locate the exact position of buried utilities & thereafter use mechanical means. The Contractor shall keep soil heaps at least 1.5 M away from edge or a distance equal to depth of pit (whichever is more)

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The Contractor shall maintain sufficient “angle of repose” during excavation – shall also provide slope or suitable bench as decided by EIL / Owner. The Contractor shall arrange “battering” or “benching” wherever required for preventing collapse of edge of excavations. The Contractor shall identify & arrange de-watering pump or well-point system to prevent earth collapse due to heavy rain / influx of underground water. The Contractor shall arrange protective fencing / barricading with warning signal around excavated pits, trenches, etc. along with minimum 2 (two) entries, exits / escape ladders. The Contractor must avoid “underpinning” / under-cutting to prevent collapse of chunk of earth during excavation The Contractor shall use “stoppers” to prevent over-run of vehicle wheels at the edge of excavated pits / trenches. The Contractor shall arrange strengthening of “shoring” & “strutting” proactively to avoid collapse of earth / edges due to vehicular movement in close proximity of excavated areas / pits / trenches, etc.

3.4 Tool Box Talks (TBT) Contractor shall conduct daily TBT with workers prior to start of work and shall maintain proper record of the meeting. A suggested format is given below. The TBT is to be conducted by the immediate supervisor of the workers The Contractor shall conduct TBT before start of every morning or evening shift or night shift activities, for alerting the workers on specific hazards and their appropriate dos & don’ts. The Contractor shall provide sufficient rests to the site workmen and their foremen to avert fatigue & thereby endangering their lives during the course of site works.

TOOL BOX TALK RECORDING SHEET Date & Time Work Location Subject (Nature of work) Presenter Hazards involved Precautions to be taken

Worker's Name Signature Section

Remarks, in any

The topics during TBT shall include - Hazards related to work assigned on that day and precautions to be taken. - Any forthcoming HSE hazards/events/instruction/orders, etc. The above record can be kept in local language, which workers can read. These records shall be made available to EIL/ Owner whenever demanded.

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3.5 Training & Induction Programme Initial induction of workers into Construction oriented activities and appraising them about

the methodology of works and how to carry-out safely and the same should not be inter mixed with Tool Box Talks or HSE Training. In this regard careful action should be made & maintained for imparting HSE induction to every individual, irrespective of his task/designation/level of employment, whereas, HSE Training should be imparted to specific person/group of people who are to carry-out that specific task more than once – for example, Riggers must be trained for working at heights, welders must be trained for work in confined space, fitters/carpenters, mesons must be trained for work at heights, etc.

Contractor shall conduct Safety induction programme on HSE for all his workers and

maintain records. The Gate Pass shall be issued only to those workers who successfully qualify the Safety induction programme.

The Contractor shall brief the visitors about the HSE precautions which are required to be

taken before their proceeding to site and make necessary arrangements to issue appropriate PPEs like Aprons, hard hats, ear-plugs, goggles & safety shoes etc., to his visitors. The Contractor shall always maintain relevant acknowledgement from visitor on providing him brief information on HSE actions.

Contractor shall ensure that all his personnel possess appropriate training to carry out the

assigned job safely. The training should be imparted in a language understood by them and should specifically be trained about

- Potential hazards to which they may be exposed at their workplace - Measures available for prevention and elimination of these hazards

The topics during training shall cover, at the minimum: -

- Why safety should be considered during work - explanation - Education about hazards and precautions required - Employees’ duties & responsibilities - Emergency and evacuation plan - HSE requirements during project activities - Fire fighting and First-Aid - Use of PPEs - Occupational health issues – dos & don’ts - Local laws on intoxicating drinks, drugs, smoking in force - Common environmental subjects – lighting, ventilation, vibration, smoke/fumes etc.

Records of the training shall be kept and submitted to EIL/ Owner. The Contractor shall make regular program for conducting Safety Training on various

topics related to various activities & their safe-guarding utilizing experienced persons / outside agency / faculty. A program for Safety Training (indicative list as per Appendix –F) shall be furnished by the Contractor in its HSE Plan .

For offshore and jetty jobs, contractor shall ensure that all personnel deployed have

undergone a structured sea survival training including use of lifeboats, basket landing, use of radio communication etc. from an agency acceptable to Owner/EIL.

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3.6 ADDITIONAL SAFETY REQUIREMENTS FOR WORKING INSIDE A RUNNING PLANT As a minimum, the contractor shall ensure adherence to following safety requirements while working in or in the close vicinity of an operating plant: a) Contractor shall obtain permits for Hot work, Cold work, Excavation and Confined Space

from Owner in the prescribed format. b) The contractor shall monitor record and compile list of his workers entering the operational

plant/unit each day and ensure & record their return after completing the job. c) Contractor’s workers and staff members shall use designated entrances and proceed by

designated routes to work areas only assigned to them. The workers shall not be allowed to enter units' area, tanks area, pump rooms, etc. without work authorization permit.

d) Work activities shall be planned in such a way so as to minimize the disruption of other

activities being carried out in an operational plant/unit and activities of other contractors. e) The contractor shall submit a list of all chemicals/toxic substances that are intended to be

used at site and shall take prior approval of the Owner. f) Specific training on working in a hydrocarbon plant shall be imparted to the work force and

mock drills shall be carried out for Rescue operations/First-Aid measures. g) Proper barricading/cordoning of the operational units/plants shall be done before starting

the construction activities. No unauthorized person shall be allowed to trespass. The height and overall design of the barricading structure shall be finalized in consultation with the Owner and shall be got approved from the Owner.

h) Care shall be taken to prevent hitting underground facilities such as electrical cables,

hydrocarbon piping during execution of work. i) Barricading with water curtain shall be arranged in specific/critical areas where

hydrocarbon vapors are likely to be present such as near horton spheres or tanks. Positioning of fire tenders (from owner) shall also be ensured during execution of critical activities.

j) Emergency evacuation plan shall be worked out and all workmen shall be apprised about

evacuation routes. Mock drill operations may also be conducted. k) Flammable gas test shall be conducted prior to any hot work using appropriate measuring

instruments. Sewers, drains, vents or any other gas escaping points shall be covered with flame retardant tarpaulin.

l) Respiratory devices shall be kept handy while working in confined zones where there is a

danger of inhalation of poisonous gases. Constant monitoring of presence of Gas/ Hydrocarbon shall be done.

m) Clearance shall be obtained from all parties before starting hot tapping, patchwork on live

lines and work on corroded tank roof. n) Positive isolation of line/equipment by blinding for welding/cutting/grinding shall be done.

Closing of valve will not be considered sufficient for isolation.

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o) Welding spatters shall be contained properly and in no case shall be allowed to fall on the ground containing oil. Similar care shall be taken during cutting operations.

p) The vehicles, cranes, engines, etc. shall be fitted with spark arresters on the exhaust pipe

and got it approved from Safety Department of the Owner. q) Plant air should not be used to clean any part of the body or clothing or use to blow off dirt

on the floor. r) Gas detectors should be installed in gas leakage prone areas as per requirement of Owner's

plant operation personnel. s) Experienced full time safety personnel shall be exclusively deployed to monitor safety

aspects in running plants.

3.7 Self Assessment And Enhancement The contractor shall develop a method of check & balance through self assessment & enhancement techniques and shall explore the opportunities for continual improvement in the HSE system.

3.8 HSE Promotion The contractor shall encourage his workforce to promote HSE efforts at workplace by way of organizing workshops/seminars/training programmes, celebrating HSE awareness weeks & National Safety Day, conducting quizzes & essay competitions, distributing pamphlets, posters & material on HSE, providing incentives for maintaining good HSE practices and granting incentives / bonus for completing the job without any lost time accident.

3.9 Lock Out and Tag Out (LOTO) for isolation of energy source

Contractor shall follow the LOTO/Isolation procedure of owner for all energy source isolations installed/under purview by /of owner ie. “Brown field”

For all the other energy source (not under purview of client/owner) i.e “Green field” Contractor shall develop a system to ensure the isolation of equipments, pipelines, Vessel, electrical panels from the energy source covering following as minimum:- - Identification of all energy source viz electrical, mechanical, hydraulic, pneumatic,

chemical, thermal, gravitational, radiation and other forms of stored or kinetic energy.

- Establishing the energy isolation devices viz: manually operated electrical circuit breakers, disconnection switches, blind flanges, etc

- Installation of Lock Out devices for preventing the inadvertent release of stored energy and Tag Out devices ( “Danger”, “Do Not operate” or Do not Remove” tags) to indicate that testing, maintenance or servicing is underway and the device cannot be operated until the tag out device is removed.

- Lock Out and Tag out log book - Permit for isolation and de-isolation of energy source as per format NO: HSE-16 - Availability of competent persons like experienced operators at substations, pump

house, units, etc, ; supervisors,etc. Contractor shall ensure that all the sources are locked out and tagged properly before giving

clearance to start the job. After the completion of job, contractor shall ensure all tools and tackles are removed

and nobody is present in the working area and signing on LOTO log book.

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Only on confirmation of above the contractor will remove their lock and tag from the isolation points and give instructions for energizing the same. Only the person carrying out the task shall himself carry the key for the lock in /Lock out.

4.0 DETAILS OF HSE MANAGEMENT SYSTEM BY CONTRACTOR 4.1 On Award Of Contract

The Contractor shall submit a comprehensive Health, Safety and Environment Plan or programme for approval by EIL/Owner prior to start of work. The Contractor shall participate in the pre-start meeting with EIL/Owner to finalize HSE Plans which shall including the following: - HSE policy & Objectives - Job procedure to be followed by the Contractor for construction activities including

handling of equipments, scaffolding, electric installations, etc. describing the risks involved, actions to be taken and methodology for monitoring each activity. Indicative list of procedures is enclosed as Annexure-H

- EIL/Owner review/audit requirement. - Organization structure along with responsibility and authority, on HSE activities. - Administrative & disciplinary steps involving implementation of HSE requirements - Emergency evacuation plan/ procedures for site and labour camps - Job Safety Analysis for high risk jobs - Procedures for reporting & investigation of accidents and near misses. - HSE Inspection - HSE Training programmes at project site - HSE Awareness programmes, at project site - Reference to Rules, Regulations and statutory requirements. - HSE documentation viz reporting, analysis & record keeping.

4.2 During Job Execution

Contractor shall implement approved Health, Safety and Environment management programme including but not limited to as brought out under para 3.0. Contractor shall also ensure: to arrange workmen compensation insurance, registration under ESI Act, third party

liability insurance, registration under BOCW Act, etc, as applicable. to arrange all HSE permits before start of activities (as applicable), like permits for hot

work, working at heights (Refer Format No. HSE-6), confined space (Refer Format No. HSE-7), Radiation Work Permit (Refer Format No. HSE-8), Demolishing/ Dismantling Work Permit (Refer Format No. HSE-9),Permit for erection/modification & dismantling of scaffolding(Refer Format No:HSE-14), Permit for heavy lift/critical erection (Refer Format No:HSE-15) ,Permit for energy Isolation & De-isolation” (HSE-16) ,storage of chemical / explosive materials & its use and implement all precautions mentioned therein. In this regard, requirements of Oil industry Safety Directorate Standard No. Std -105 "Work Permit Systems” shall be complied with while working in existing Oil or Gas processing plants. List of the persons involved shall be maintained as annexure to the work permit issued for a particular activity.

to submit, timely, the completed checklist on HSE activities in Format No.HSE-1, Monthly

HSE report in Format No.HSE-5 (use of web based package (www.eil.co.in/conthse) is compulsory wherever the facility is available else a hard copy is to be submitted), accident/ incident reports, investigation reports etc. as per EIL/Owner requirements. Compliance of instructions on HSE shall be done by Contractor and informed urgently to EIL/Owner.

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that his top most executive at site attends all the Safety Committee/HSE meetings arranged

by EIL/Owner and carries out safety walk through regularly. Only in case of his absence from site that a second senior most person shall be nominated by him, in advance, and communicated to EIL/Owner for performing the above tasks.

display at site office and at prominent locations HSE Policy, caution boards, list of

hospitals, emergency services available, safety signs like Men at work, Speed Limits, Hazardous Area, various do’s & don’ts, etc.

provide posters, banners for safe working to promote safety consciousness. identify, assess, analyze & mitigate the construction hazards & incorporate relevant control

measures before actually executing site works. (HIRAC = Hazard Identification, Risk Analysis and Control).

arrange testing, examination, inspection of own as well as borrowed construction

equipments / machinery (stationary & mobile) before being used at site and also at periodical interval, through own resources and also by 3rd party competent agencies (as deemed fit in statutes). Records of such test, examination etc. shall be maintained & shall be submitted to EIL/Owner as & when asked for.

carryout audits/inspection (internal & external) at his works as well as sub contractor works

as per approved HSE plan/procedure/programme & submit the compliance reports of identified shortfalls for EIL/Owner review.

arranging HSE training for site workmen (of his own & sub contractors) through internal or

external faculty at periodical intervals. assistance & cooperate during HSE audits by EIL/Owner or any other 3rd party and submit

compliance report. generate & submit of HSE records/report as per this specification. apprise EIL/Owner on HSE activities at site regularly. carry-out all dismantling activities safely, with prior approval of EIL/Owner representative. The Contractor shall ensure that “Hot works” and painting works do not continue at the

same place / location at project site for which chance or probability of “fire” incident exists.

4.3 During Short Listing Of The Sub-Contractors

The contractor shall review the HSE management system of the sub-contractors in line with the requirements given in this specification. The contractor shall be held responsible for the shortcomings observed in the HSE management system of the sub-contractor(s) during execution of the job.

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5.0 RECORDS

At the minimum, the contractor shall maintain/ submit HSE records in the following reporting formats/:

Safety Walk Through Report HSE-1 Accident/ Incident Report HSE-2 Supplementary Accident/ Incident Investigation report HSE-3 Near Miss Incident Report HSE-4 Monthly HSE Report HSE-5 Permit for working at height HSE-5 Permit for working in confined space HSE-7 Permit for radiation work HSE-8 Permit for demolishing/ dismantling HSE-9 Daily Safety checklist HSE-10

House keeping Assessment & compliance HSE-11

Inspection of temporary electrical booth/installation HSE-12

Inspection for scaffolding HSE-13

Permit for erection/modification &dismantling of scaffolding HSE-14

Permit for heavy lift/critical erection. HSE-15

Permit for Energy isolation and de-isolation. HSE-16

Permit for Excavation HSE-17

Inspection reports of Equipment/tools/tackles * Report of Toolbox talks As indicated in

specification PPE issue report/register * Site inspection reports * Training records *

(*) The formats shall be developed in consultation with EIL/Owner

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APPENDIX-A (Sheet 1 of 2)

A. IS CODES ON HSE SP: 53 Safety code for the use, Care and protection of hand operated tools. IS: 838 Code of practice for safety & health requirements in electric and gas welding

and cutting operations IS: 1179 Eye & Face precautions during welding, equipment etc. IS: 1860 Safety requirements for use, care and protection of abrasive grinding wheels. IS: 1989 (Pt -II) Leather safety boots and shoes IS: 2925 Industrial Safety Helmets IS: 3016 Code of practice for fire safety precautions in welding & cutting operation. IS: 3043 Code of practice for earthing IS: 3764 Code of safety for excavation work IS: 3786 Methods for computation of frequency and severity rates for industrial injuries

and classification of industrial accidents IS: 3696 Safety Code of scaffolds and ladders IS: 4083 Recommendations on stacking and storage of construction materials and

components at site IS: 4770 Rubber gloves for electrical purposes IS: 5121 Safety code for piling and other deep foundations IS: 5216 (Pt-I) Recommendations on Safety procedures and practices in electrical works IS: 5557 Industrial and Safety rubber lined boots IS: 5983 Eye protectors IS: 6519 Selection, care and repair of Safety footwear IS: 6994 (Pt-I) Industrial Safety Gloves (Leather & Cotton Gloves) IS: 7293 Safety Code for working with construction Machinery IS: 8519 Guide for selection of industrial safety equipment for body protection IS: 9167 Ear protectors IS: 11006 Flash back arrestor (Flame arrestor) IS: 11016 General and safety requirements for machine tools and their operation IS: 11057 Specification for Industrial safety nets IS: 11226 Leather safety footwear having direct moulded rubber sole IS: 11972 Code of practice for safety precaution to be taken when entering a sewerage

system IS: 13367 Code of practice-safe use of cranes IS: 13416 Recommendations for preventive measures against hazards at working place

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APPENDIX-A

(Sheet 2 of 2)

B. INTERNATIONAL STANDARDS ON HSE Safety Glasses : ANSI Z 87.1, ANSI ZZ 87.1, AS 1337, BS 2092,

BS 1542, BS 679, DIN 4646/ 58311 Safety Shoes : ANSI Z 41.1, AS 2210, EN 345 Hand Gloves : BS 1651 Ear Muffs : BS 6344, ANSI S 31.9 Hard Hat : ANSI Z 89.1/89.2, AS 1808 , BS 5240, DIN 4840 Goggles : ANSI Z 87.1 Face Shield : ANSI Z 89.1 Breathing Apparatus : BS 4667, NIOSH Welding & Cutting : ANSI Z 49.1 Safe handling of compressed: P-1 (Compressed Gas Association Gases in cylinders 1235

Jefferson Davis Highway, Arlington VA 22202 - USA)

Full body harness : EN-361 Lanyard : EN-354 Karabiner : EN-362 and EN-12275

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APPENDIX-B DETAILS OF FIRST AID BOX

------------------------------------------------------------------------------------------------------------------------ SL. DESCRIPTION QUANTITY NO. ------------------------------------------------------------------------------------------------------------------------

1. Small size Roller Bandages, 1 Inch Wide (Finger Dressing small) 6 Pcs. 2. Medium size Roller Bandages, 2 Inches Wide (Hand & Foot Dressing) 6 Pcs. 3. Large size Roller Bandages, 4 Inches Wide (Body Dressing Large) 6 Pcs. 4. Large size Burn Dressing (Burn Dressing Large) 4 Pkts. 5. Cotton Wool (20 gms packing) 4 Pkts. 6. Antiseptic Solution Dettol (100 ml.) or Savlon 1 Bottle 7. Mercurochrome Solution (100 ml.) 2% in water 1 Bottle 8. Ammonia Solution (20 ml.) 1 Bottle 9. A Pair of Scissors 1 Piece 10. Adhesive Plaster (1.25 cm X 5 m) 1 Spool 11. Eye pads in Separate Sealed Pkt. 4 pcs. 12. Tourniqut 1 No. 13. Safety Pins 1 Dozen 14. Tinc. Iodine/ Betadin (100 ml.) 1 Bottle 15. Polythene Wash cup for washing eyes 1 No. 16. Potassium Permanganate (20 gms.) 1 Pkt. 17. Tinc. Benzoine (100 ml.) 1 Bottle 18. Triangular Bandages 2 Nos. 19. Band Aid Dressing 5 Pcs. 20. Iodex/Moov (25 gms.) 1 Bottle 21. Tongue Depressor 1 No. 22. Boric Acid Powder (20 gms.) 2 Pkt. 23. Sodium Bicarbonate (20 gms.) 1 Pkt. 24. Dressing Powder (Nebasulf) (10 gms.) 1 Bottle 25. Medicinal Glass 1 No. 26. Duster 1 No. 27. Booklet (English & Local Language) 1 No. each 28. Soap 1 No. 29. Toothache Solution 1 No. 30. Vicks (22 gms.) 1 Bottle 31. Forceps 1 No. 32. Note Book 1 No. 33. Splints 4 Nos. 34. Lock 1 Piece 35. Life Saving/Emergency/Over-the counter Drugs As decided at site ----------------------------------------------------------------------------------------------------------------- Box size: 14" x 12" x 4" ----------------------------------------------------------------------------------------------------------------- Note : The medicines prescribed above are only indicative. Equivalent medicines can also be used. A prescription, in this regard, shall be required from a qualified Physician.

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APPENDIX-C

TYPE OF FIRES VIS-À-VIS FIRE EXTINGUISHERS

Fire Extinguisher Fire

Water

Foam

CO2

Dry Powder

Multi purpose (ABC)

Originated from paper, clothes, wood

can control minor surface fires

can control minor surface fires

Inflammable liquids like alcohol, diesel, petrol, edible oils, bitumen

Originated from gases like LPG, CNG, H2

Electrical fires

LEGEND : : CAN BE USED : NOT TO BE USED Note: Fire extinguishing equipment must be checked at least once a year and after every use by an authorized person. The equipment must have an inspection label on which the next inspection date is given. Type of extinguisher shall clearly be marked on it.

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APPENDIX-D

List of Statutory Acts & Rules Relating to HSE

- The Indian Explosives Act and Rules

- The Motor Vehicle Act and Central Motor Vehicle Rules

- The Factories Act and concerned Factory Rules

- The Petroleum Act and Petroleum Rules

- The Workmen Compensation Act

- The Gas Cylinder Rules and the Static & Mobile Pressure Vessels Rules

- The Indian Electricity Act and Rules

- The Indian Boiler Act and Regulations

- The Water (Prevention & Control & Pollution) Act

- The Water (Prevention & Control of Pollution) Cess Act

- The Mines & Minerals (Regulation & Development) Act

- The Air (Prevention & Control of Pollution) Act

- The Atomic Energy Act

- The Radiation Protection Rules

- The Indian Fisheries Act

- The Indian Forest Act

- The Wild Life (Protection) Act

- The Environment (Protection) Act and Rules

- The Hazardous Wastes (Management & Handling) Rules

- The Manufacturing, Storage & import of Hazardous Chemicals Rules

- The Public Liability Act

- The Building and Other Construction Workers (Regulation of Employment and Condition of service) Act

- Other statutory acts Like EPF, ESIS, Minimum Wage Act.

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APPENDIX-E (Sheet 1 of 12)

CONSTRUCTION HAZARDS, THEIR EFFECTS & PREVENTIVE MEASURES

ACTIVITY TYPE OF HAZARD

EFFECT OF HAZARD

PREVENTIVE MEASURES

(A) EXCAVATION

Pit Excavation upto 3.0m

Falling into pit Personal injury Provide guard rails/ barricade with warning signal Provide at least two entries/ exits. Provide escape ladders.

Earth Collapse Suffocation/ Breathlessness Buried

Provide suitable size of shoring and strutting, if required. Keep soil heaps away from the edge equivalent to 1.5m or depth of pit whichever is more. Don't allow vehicles to operate too close to excavated areas. Maintain at least 2m distance from edge of cut. Maintain sufficient angle of repose. Provide slope not less than 1:1 and suitable bench of 0.5m width at every 1.5m depth of excavation in all soils except hard rock. Battering/benching the sides.

Contact with buried electric cables

Gas/ Oil Pipelines

Electrocution Explosion

Obtain permission from competent authorities, prior to excavation, if required. Locate the position of buried utilities by referring to plant drawings. Start digging manually to locate the exact position of buried utilities and thereafter use mechanical means.

Pit Excavation beyond 3.0m

Same as above plus Flooding due to excessive rain/ underground water

Can cause drowning situation

Prevent ingress of water Provide ring buoys Identify and provide suitable size dewatering pump or well point system

Digging in the vicinity of existing Building/ Structure

Building/Structure may collapse Loss of health & wealth

Obtain prior approval of excavation method from local authorities. Use under-pining method Construct retaining wall side by side.

Movement of vehicles/ equipments close to the edge of cut.

May cause cave-in or slides. Persons may get buried.

Barricade the excavated area with proper lighting arrangements Maintain at least 2m distance from edge of cut and use stop blocks to prevent over-run Strengthen shoring and strutting

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APPENDIX-E: (Sheet 2 of 12)

CONSTRUCTION HAZARDS, THEIR EFFECTS & PREVENTIVE MEASURES (…Contd.)


EFFECT OF HAZARD

PREVENTIVE MEASURES

Narrow deep excavations for pipelines, etc.

Same as above plus Frequent cave-in or slides

May cause severe injuries or prove fatal

Battering/benching of sides Provide escape ladders

Flooding due to Hydro- static testing

May arise drowning situation

Same as above plus Bail out accumulated water Maintain adequate ventilation.

Rock by excavation blasting

Improper handling of explosives

May prove fatal

Ensure proper storage, handling & carrying of explosives by trained personnel. Comply with the applicable explosive acts & rules.

Uncontrolled explosion


Allow only authorized persons to perform blasting operations. Smoking and open flames are to be strictly prohibited

Scattering of stone pieces in atmosphere

Can hurt people Use PPE like goggles, face mask, helmets etc.

Rock excavation by blasting (Contd)

Entrapping of persons/ animals.


Barricade the area with red flags and blow siren before blasting.

Misfire May explode suddenly

Do not return to site for at least 20 minutes or unless announced safe by designated person.

Piling Work Failure of pile-driving equipment

Can hurt people Inspect Piling rigs and pulley blocks before the beginning of each shift.

Noise pollution Can cause deafness and psychological imbalance.

Use personal protective equipments like ear plugs, muffs, etc.

Extruding rods/casing

Can hurt people Barricade the area and install sign boards Provide first-aid

Working in the vicinity of 'Live-Electricity'

Can cause electrocution/ Asphyxiation

Keep sufficient distance from Live-Electricity as per IS code. Shut off the supply, if possible Provide artificial/rescue breathing to the injured

(B) CONCRETING

Air pollution by cement

May affect Respiratory System

Wear respirators or cover mouth and nose with wet cloth.

Handling of ingredients

Hands may get injured

Use gloves & other PPE.

Protruding reinforcement rods.

Feet may get injured

Use Provide platform above reinforcement for movement of workers.

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APPENDIX-E : (Sheet 3 of 12)



EFFECT OF HAZARD

PREVENTIVE MEASURES

Earthing of electrical mixers, vibrators, etc. not done.

Can cause electrocution/ asphyxiation

Ensure earthing of equipments and proper functioning of electrical circuit before commencement of work.

Falling of materials from height

Persons may get injured

Use hard hats Remove surplus material immediately from work place. Ensure lighting arrangements during night hours

Continuous pouring by same gang

Cause tiredness of workers and may lead to accident.

Insist on shift pattern Provide adequate rest to workers between subsequent pours.

Revolving of concrete mixer/ vibrators

Parts of body or clothes may get entrapped.

Allow only mixers with hopper Provide safety cages around moving motors Ensure proper mechanical locking of vibrator

Super-structure Same as above plus Deflection in props or shuttering material

Shuttering/props may collapse and prove fatal

Avoid excessive stacking on shuttering material Check the design and strength of shuttering material before commencement of work Rectify immediately the deflection noted during concreting.

Passage to work place

Improperly tied and designed props/planks may collapse

Ensure the stability and strength of passage before commencement of work. Do not overload and stand under the passage.

(C) REINFOR- CEMENT

Curtailment and binding of rods

Persons may get injured

Use PPE like gloves, shoes, helmets, etc. Avoid usage of shift tools

Carrying of rods for short distances/at heights

Workers may get injured their hands and shoulders.

Provide suitable pads on shoulders and use safety gloves. Tie up rods in easily liftable bundles Ensure proper staging.

Checking of clear distance/ cover with hands

Rods may cut or injure the fingers

Use measuring devices like tape, measuring rods, etc.

Hitting projected rods and standing on cantilever rods.

Persons may get injured and fell down

Use safety shoes and avoid standing unnecessarily on cantilever rods Avoid wearing of loose clothes

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EFFECT OF HAZARD

PREVENTIVE MEASURES

Falling of material from height

May prove fatal Use helmets Provide safety nets

Transportation of rods by trucks/ trailers

Protruded rods may hit the persons

Use red flags/lights at the ends Do not protrude the rods in front of or by the side of driver's cabin. Do not extend the rods 1/3rd of deck length or 1.5m whichever is less

(D)WELDING AND GAS CUTTING

Welding radiates invisible ultraviolet and infra-red rays

Radiation can damage eyes and skin.

Use specified shielding devices and other PPE of correct specifications. Avoid thoriated tungsten electrodes for GTAW

Improper placement of oxygen and acetylene cylinders

Explosion may occur Move out any leaking cylinder Keep cylinders in vertical position Use trolley for transportation of cylinders and chain them Use flashback arrestors

Leakage/ cuts in hoses

May cause fire Purge regulators immediately and then turn off Never use grease or oil on oxygen line connections and copper fittings on acetylene linesInspect regularly gas carrying hoses Always use red hose for acetylene & other fuel gases and black for oxygen

Opening-up of cylinder

Cylinder may burst Always stand back from the regulator while opening the cylinder Turn valve slowly to avoid bursting Cover the lug terminals to prevent short circuiting

Welding of tanks, container or pipes storing flammable liquids

Explosion may occur Empty & purge them before welding Never attach the ground cable to tanks, container or pipe storing flammable liquids Never use LPG for gas cutting

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CONSTRUCTION HAZARDS, THEIR EFFECTS & PREVENTIVE MEASURES …(Contd.)


EFFECT OF HAZARD

PREVENTIVE MEASURES

(E) RADIOGRAPHY

Ionizing radiation

Radiations may react with the skin and can cause cancer, skin irritation, dermatitis, etc.

Ensure Safety regulations as per BARC/AERB before commencement of job. Cordon off the area and install Radiation warning symbols Restrict the entry of unauthorized persons Wear appropriate PPE and film badges issued by BARC/AERB

Transpor-tation and Storage of Radiog-raphy source

Same as above Never touch or handle radiography source with hands Store radiography source inside a pit in an exclusive isolated storage room with lock and key arrangement. The pit should be approved by BARC/AERB. Radiography source should never be carried either in passenger bus or in a passenger compartment of trains. BARC/AERB has to be informed before source movement. Permission from Director General of Civil Aviation is required for booking radio isotopes with airlines.

Loss of Radio isotope

Same as above Try to locate with the help of Survey Meter. Inform BARC/AERB (*)

(F) ELECTRICAL INSTALLATION AND USAGE

Short circuiting Can cause Electrocution or Fire

Use rubberized hand gloves and other PPE Don't lay wires under carpets, mats or door ways. Allow only licensed electricians to perform on electrical facilities Use one socket for one appliance Ensure usage of only fully insulated wires or cables Don't place bare wire ends in a socket Ensure earthing of machineries and equipments Do not use damaged cords and avoid temporary connections Use spark-proof/flame proof type field distribution boxes.

(*) Atomic Energy Regulatory Board (AERB), Bhabha Atomic Research Centre (BARC) Anushaktinagar, Mumbai – 400 094

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EFFECT OF HAZARD PREVENTIVE MEASURES

Do not allow open/bare connections Provide all connections through ELCB Protect electrical cables/equipment's from water and naked flames Check all connections before energizing

Overloading of Electrical System

Bursting of system can occur which leads to fire

Display voltage and current ratings prominently with 'Danger' signs. Ensure approved cable size, voltage grade and type Switch off the electrical utilities when not in use Do not allow unauthorized connections. Ensure proper grid wise distribution of Power

Improper laying of overhead and underground transmission lines/cables

Can cause electrocution and prove fatal

Do not lay unarmoured cable directly on ground, wall, roof of trees Maintain at least 3m distance from HT cables All temporary cables should be laid at least 750 mm below ground on 100 mm fine sand overlying by brick soling Provide proper sleeves at crossings/ intersections Provide cable route markers indicating the type and depth of cables at intervals not exceeding 30m and at the diversions/termination

(G) FIRE PREVENTION AND PROTECTION

Small fires can become big ones and may spread to the surrounding areas

Cause burn injuries and may prove fatal

In case a fire breaks out, press fire alarm system and shout "Fire, Fire" Keep buckets full of sand & water/ fire extinguishing equipment near hazardous locations Confine smoking to 'Smoking Zones' only. Train people for using specific type of fire fighting equipments under different classes of fire Keep fire doors/shutters, passages and exit doors unobstructed Maintain good housekeeping and first-aid boxes (for details refer Appendix-B) Don't obstruct assess to Fire extinguishers. Do not use elevators for evacuation during fire. Maintain lightening arrestors for elevated structures Stop all electrical motors with internal combustion

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EFFECT OF HAZARD

PREVENTIVE MEASURES

Move the vehicles from dangerous locations Remove the load hanging from the crane booms Remain out of the danger areas.

Improper selection of Fire extinguisher

It may not extinguish the fire

Ensure usage of correct fire extinguisher meant for the specified fire (for details refer Appendix-C). Do not attempt to extinguish Oil and electric fires with water. Use foam cylinders/CO2/sand or earth.

Improper storage of highly inflammable substances

Same as above Maintain safe distance of flammable substances from source of ignition Restrict the distribution of flammable materials to only min. necessary amount Construct specifically designed fuel storage facilities Keep chemicals in cool and dry place away from heat. Ensure adequate ventilation Before welding operation, remove or shield the flammable material properly Store flammable materials in stable racks, correctly labeled preferably with catchment trays. Wipe off the spills immediately

Short circuiting of electrical system

Same as above Can cause Electrocution

Don't lay wires under carpets, mats or door waysUse one socket for one appliance. Use only fully insulated wires or cables Do not allow open/bare connections Provide all connections through ELCB Ensure earthing of machineries and equipments

(H) VEHICULAR MOVEMENT

Crossing the Speed Limits (Rash driving)

Personal injury Obey speed limits and traffic rules strictly Always expect the unexpected and be a defensive driver Use seat belts/helmets Blow horn at intersections and during overtaking operations. Maintain the vehicle in good condition Do not overtake on curves, bridges and slopes

Adverse weather condition

Same as Above Read the road ahead and ride to the left Keep the wind screen and lights clean Do not turn at speed. Recognize the hazard, understand the defense and act correctly in time.

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EFFECT OF HAZARD

PREVENTIVE MEASURES

Consuming alcohol before and during the driving operation

Same as above Alcohol and driving do not mix well. Either choose alcohol or driving. If you have a choice between hitting a fixed object or an on-coming vehicle, hit the fixed object Quit the steering at once and become a passenger. Otherwise take sufficient rest and then drive. Do not force the driver to drive fast and round the clock. Do not day dream while driving

Falling objects/ Mechanical failure

May prove fatal Ensure effective braking system, adequate visibility for the drives, reverse warning alarm.. Proper maintenance of the vehicle as per manufacturer instructions

(I) PROOF TESTING (HYDROSTATIC /PNEUMATIC TESTING)

Bursting of piping Collapse of tanks Tanks flying off

May cause injury and prove fatal

Prepare test procedure & obtain EIL/owner's approval Provide separate gauge for pressurizing pump and piping/equipment Check the calibration status of all pressure gauges, dead weight testers and temperature recorders Take dial readings at suitable defined intervals and ensure most of them fall between 40-60% of the gauge scale range Provide safety relief valve (set at pressure slightly higher than test pressure) while testing with air/ nitrogen Ensure necessary precautions, stepwise increase in pressure, tightening of bolts/nuts, grouting, etc. before and during testing Keep the vents open before opening any valve while draining out of water used for hydro-testing of tanks. Pneumatic testing involves the hazard of released energy stored in compressed gas. Specific care must therefore be taken to minimize the chance of brittle failure during a pneumatic leak test. Test temperature is important in this regard and must be considered when the designer chooses the material of construction.

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EFFECT OF HAZARD

PREVENTIVE MEASURES

A pressure relief device shall be provided, having a set pressure not higher than the test pressure plus the lesser of 345 KPa (50 psi) or 10% of the test pressure. The gas used as test fluid, if not air, shall be nonflammable and nontoxic.

(J) WORKING AT HEIGHTS

Person can fall down

May sustain severe injuries or prove fatal

Provide guard rails/barricade at the work place Use PPE like full body harness, life line, helmets, safety shoes, etc. Obtain a permit before starting the work at height above 3 meters Fall arrest and safety nets, etc. must be installed Provide adequate working space (min. 0.6 m) Tie/weld working platform with fixed support Use roof top walk ladder while working on a slopping roofs Avoid movement on beams

May hit the scrap/material stacked at the ground or in between

Keep the work place neat and clean Remove the scrap immediately

Material can fall down

May hit the workers working at lower levels and prove fatal

Same as above plus Do not throw or drop materials or equipment from height. I.e. do not bomb materials All tools to be carried in a tool-kit Bag or on working uniform Remove scrap from the planks Ensure wearing of helmet by the workers working at lower levels

(K) CONFINED SPACES

Suffocation/ drowning

Unconsciousness, death

Use respiratory devices, if reqd. Avoid over crowding inside a confined space Provide Exhaust fans for ventilation Do not wear loose clothes, neck ties, etc Fulfill conditions of the permit

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EFFECT OF HAZARD

PREVENTIVE MEASURES

Check for presence of hydrocarbons, O2 level Obtain work permit before entering a confined space Ensure that the connected piping of the equipment which is to be opened is pressure free, fluid has been drained, vents are open and piping is positively isolated by a blind flange

Presence of foul smell and toxic substances

Inhalation can pose threat to life

Same as above plus Check for hydrocarbon and Aromatic compounds before entering a confined space Depute one person outside the confined space for continuous monitoring and for extending help in case of an emergency

Ignition/ flame can cause fire

Person may sustain burn injuries or explosion may occur

Keep fire extinguishers at a hand distance Remove surplus material and scrap immediately Do not smoke inside a confined space Do not allow gas cylinders inside a confined space Use low voltage (24V) lamps for lighting Use tools with air motors or electric tools with max. voltage of 24V Remove all equipments at the end of the day

(L) HANDLING AND LIFTING EQUIPMENTS

Failure of load lifting and moving equipments

Can cause accident and prove fatal

Avoid standing under the lifted load and within the operating radius of cranes Check periodically oil, brakes, gears, horns and tyre pressure of all moving machinery Check quality, size and condition of all chain pulley blocks, slings, U-clamps, D-shackles, wire ropes, etc. Allow crane to move only on hard, firm and leveled ground. Allow lifting slings as short as possible and check gunny packings at the friction points Do not allow crane to tilt its boom while moving Install Safe Load Indicator Ensure certification by applicable authority

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EFFECT OF HAZARD

PREVENTIVE MEASURES

Overloading of lifting equipments

Same as above Safe lifting capacity of derricks and winches written on them shall be got verified The max. safe working load shall be marked on all lifting equipments Check the weight of columns and other heavy items painted on them and accordingly decide about the crane capacity, boom and angle of erection Allow only trained operators and riggers during crane operation.

Overhead electrical wires

Can cause electrocution and fire

Do not allow boom or other parts of crane to come within 3m reach of overhead HT cables Hook and load being lifted shall preferably remain in full visibility of crane operators.

(M) SCAFFOLDING, FORMWORK AND LADDERS

Person can fall down

Person May sustain severe injuries and prove fatal

Provide guard rails for working at height Face ladder while climbing and use both hands. Ladders shall extend about 1m above landing for easy access and tying up purpose Do not place ladders against movable objects and maintain base at 1/4 unit of the working length of the ladder. Suspended scaffolds shall not be less than 500 mm wide and tied properly with ropes No loose planks shall be allowed Use PPE, like helmets, safety shoes,etc

Failure of scaffolding material

Same as above Inspect visually all scaffolding materials for stability and anchoring with permanent structures. Design scaffolding for max. load carrying capacity. Scaffolding planks shall not be less than 50X250 mm full thickness lumber or equivalent. These shall be cleated or secured and must extend over the end supports by at least 150mm and not more than 300mm Don't overload the scaffolds Do not splice short ladders to make a longer one. Vertical ladders shall not exceed 6m.

Material can fall down

Persons working at lower level gets injured

Remove excess material and scrap immediately Carry the tools in a tool-kit bag only Provide safety nets

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EFFECT OF HAZARD

PREVENTIVE MEASURES

(N) STRUCTURAL WORKS

Personal negligence and danger of fall

Can cause injury or casualty

Do not take rest inside rooms built for welding machines or electrical distribution system. Avoid walking on beams at height Wear helmet with chin strap and full body harness while working at height. Use hand gloves and goggles during grinding operations Cover or mark the sharp and projected edges Do not stand within the operating radius of cranes

Lifting/ slipping of material

Same as above Do not stand under the lifted load Stack properly all the materials. Avoid slippage during handling Control longer pieces lifted up by cranes from both ends Remove loose materials from height Ensure tightening of all nuts & bolts

(O) PIPELINE WORKS

Erection/ lowering failure

Can cause injury Do not stand under the lifted load Do not allow any person to come within the radii of the side boom handling pipes Check the load carrying capacity of the lifting tools & tackles Use safe Load Indicators Use appropriate PPEs

Other Same as above Wear gum boots in marshy areas Allow only one person to perform signaling operations while lowering of pipes Provide night caps on pipes Provide end covers on pipes for stoppage of pigs while testing/ cleaning operations

(P) GRIT BLASTING

Pollution in neighboring area, hit by grits and high pressure air

Can cause personal injury

Ensure the blasting is done in enclosed shed. Keep safe distance while blasting operations. Wear positive pressure blast hood or helmet with view –window, ear-muff/plug, gloves, overall or leather coat /apron, rubber shoes.

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APPENDIX-F

TRAINING SUBJECTS / TOPICS (For contractors’ personnel)

1. The Law & Safety – Statutory Requirement / Applicable statutes / Duties of employer / employee

2. Policy & Administration – Why HSE? / Duties & Responsibilities of Safety Personnel at project site / Effect of incentive on accident prevention

3. HSE & Supervision – Duties of Supervisor / HSE integrated supervision / Who should be held responsible for site accidents?

4. Safety Budget / Cost of Accidents – Direct costs / Indirect costs

5. Hazard Identification / Type of hazards / HIRAC

6. Behavioural Safety & Motivation

7. Housekeeping – Storage / Stacking / Handling of materials / Hydra handling

8. Occupational Health in Construction sector

9. Personal Protective Equipments – Respiratory & Non- respiratory

10. Electricity & Safety – ELCB / Fuse / Powered tools / Project illumination

11. Handling of Compressed Gas – Transportation / Storage / FBAs / Fire prevention

12. Machine Safety – Machine guarding / Maintenance

13. Transportation – Hazards & risks in transp. of materials / ODC consignments

14. Cranes & Other Lifting machinery – Legal requirements vis-à-vis essential safety requirements.

15. Communication – HSE Induction / TBTs / Safety Committee / Safety meeting / Safety propaganda / Publicity.

16. Excavation – Risks & Dangers / Safety measures

17. Working at Heights – Use of ladder / Work on roofs / Scaffolds / Double harness lanyards / Life-line / Fall arrester / Safety Nets / Floor openings

18. Hazards in Welding & important safety precautions

19. Gas Cutting – Hazards & safety measures

20. Fire prevention & fire protection

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APPENDIX - G

CONSTRUCTION POWER BOARD( typ)

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APPENDIX-H

LIST OF PROCEDURES (MINIMUM) TO BE FORMING PART OF HSE PLAN:-

A. HSE Management Procedures:

HSE Risk Management (including JSA/HIRA) HSE Legal Compliance and Other Requirements HSE Objectives & Performance HSE Training and Competence (including Induction) HSE Motivation & Award Scheme HSE Audits HSE Meetings HSE Sub Contractor Management HSE Emergency Management HSE Incidents Reporting and Management HSE Reports HSE Management System Review HSE Change Management HSE procedure for Behaviour based Safety First Aid & Management Roles, Responsibility, accountabilities and Authorities

B. Job procedures/Safe Operating procedures

Setting Up Site & Signage’s Handling of Electrical Appliances Working at Height Confined Space Entry Permit to Work (including hot works) Housekeeping Lifting Operations Transportation of materials including Manual Handling Compressed Air Tools and Units Earthmoving Operations & excavation Scaffolding Fire Prevention/Protection Hazardous Substance handling & Storage Radiation Hazard Personal Protective Equipment

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FORMAT NO. : HSE-1 REV 0 (Sheet 1 of 6)

SAFETY WALK-THROUGH REPORT (Name & signature of walk through performer to be inserted at the bottom of each page)

Project : _____________ Report no. : ___________ Date : _____________ Contractor : ___________ Inspection by :_____________ Owner : ___________ Frequency : Monthly Job no. : ___________ Note : Write ‘NA’ wherever the item is not applicable

SL. NO.

ITEM Satisafctory

/ Yes

Non satisfactory/

No Remarks Action

1. HOUSEKEEPING a) Waste containers provided and used

b) Sanitary facilities adequate and Clean

c) Passageways and Walkways Clear

d) General neatness of working areas

e) Other

2. PERSONNEL PROTECTIVE EQUIPMENT

a) Goggles; Shields

b) Face protection

Hearing protection

Foot protection

e) Hand protection

f) Respiratory Masks etc.

g) Full body harness conforming to CЄ, EN 361

h) Hard hat (HDPE)

i) Other

3. EXCAVATIONS/OPENINGS

a) Openings properly covered or barricaded

b) Excavations shored

c) Excavations barricaded

d) Overnight lighting provided

e) Other

Safety walk-through performer (Name & Signature)……………………………………………..

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FORMAT NO. : HSE-1 REV 0

(Sheet 2 of 6)

SL. NO.

ITEM Satisafctory

/ Yes

Non satisfactory/

No Remarks Action

4. WELDING & GAS CUTTING

a) Gas cylinders chained upright

b) Cables and hoses not obstructing

c) Screens or shields used

d) Flammable materials protected

e) Live electrode bits contained properly

f) Fire extinguisher (s) accessible

g) Other

5. SCAFFOLDING & BARRICADING

a) Fully decked platforms

b) Guard and intermediate rails in place

c) Toe boards in place

d) Adequate shoring

e) Adequate access

f) Positive barricading for critical activities

g) Installation of warning signs

h) Other

6. LADDERS

a) Extension side rails 1 m above

b) Top of landing

c) Properly secured

d) Angle + 700 from horizontal

e) Other

Safety walk-through performer (Name & Signature)……………………………………………..

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(Sheet 3 of 6)

SL. NO.

ITEM Satisafctory

/ Yes

Non satisfactory

/No Remarks Action

7. HOISTS, CRANES AND DERRICKS

a) Condition of cables and sheaves OK

b) Condition of slings, chains, hooks and eyes O.K.

c) Inspection and maintenance log-books maintained

d) Outriggers used

e) Reverse horn installed / active / coupled with gear

f) Signs/barricades provided

g) Signals observed and understood

h) Qualified operators

i) Other

8. MACHINERY, TOOLS AND EQUIPMENT

a) Proper instruction

b) Safety devices

c) Proper cords

d) Inspection and maintenance

e) Other

9. VEHICLE AND TRAFFIC

a) Rules and regulations observed

b) Inspection and maintenance

c) Licensed drivers

d) Other

Safety walk-through performer (Name & Signature)………………………………………

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(Sheet 4 of 6)

SL. NO.

ITEM Satisafctory

/ Yes

Non satisfactory

/No Remarks Action

10. TEMPORARY FACILITIES

a) Emergency instructions posted

b) Fire extinguishers provided

c) Fire-aid equipment available

d) Secured against storm damage

e) General neatness

f) In accordance with electrical requirements

g) Other

11. FIRE PREVENTION

a) Personnel trained & instructed to make use of facility

b) Fire extinguishers checked periodically & record maintained

c) No smoking in Prohibited areas.

d) Fire Hydrants not obstructed Clear

e) Other Regular fire drill conducted

12. ELECTRICAL

a) Use of 3-core armored cables everywhere

b) Usage of 'All insulated' or 'double-insulated' electrical tools

c) All electrical connection are routed through ELCB

d) Natural Earthing at the source of power (Main DB)

e) Continuity and tightness of earth conductor

f) Effective covering of junction boxes, panels and other energized wiring places

g) Ground fault circuit interrupters provided

h) Prevention of tripping hazards maintained

f) DCP extinguishers arranged & licensed electrician engaged at site

Safety walk-through performer (Name & Signature)…………………………………………

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SL. NO.

ITEM Satisafctory

/ Yes

Non satisfactory

/No Remarks Action

14. HANDLING AND STORAGE OF MATERIALS

a) Safely stored or stacked b) Passageways clear / free from obstructions c) Fire fighting facility in place 15. FLAMMABLE GASES AND LIQUIDS

a) Containers clearly identified / protected from fire

b) Safe storage & transportation arrangement made

c) Fire extinguishers positioned nearby d) Facilities kept away from electric spark, hot

spatters & ignition source.

16. WORKING AT HEIGHT a) Approved Erection plan and work permit in

place

b) Safe access, Safe work platform & Safety nets provided

c) Life lines, Fall arrester, Full body harness and with double lanyards used;

d) Health Check record available for workers going up?

e) Protective handrails arranged around floor openings

17. CONFINED SPACE a) Work Permit obtained from requisite

authority

b) Test for toxic gas and sufficient availability of oxygen conducted & status

c) Supervisor present at site & at least one person outside the confined space for monitoring deputed

d) Availability of safe means of entry, exit and ventilation (register for entry & exit maintained)

e) Fire extinguisher and first-aid facility ensured

f) Lighting provision made by using 24V Lamp

g) Proper usage of PPEs ensured

18. RADIOGRAPHY a) Proper storage and handling of source as per

BARC/ AERB guidelines (authorized radiographer available)

b) Work permit obtained


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(Sheet 6 of 6)

SL. NO.

ITEM Satisafctory

/ Yes

Non satisfactory

/No Remarks Action

c) Cordoning of the area done

d) Use of appropriate PPE's ensured

e) HSE training to workers/supervisors imparted during the fortnight (indicate topic)

f) Minimum occupancy of workplace ensured

19. HEALTH CHECKS

a) All Workers medically examined and found be fit for working at heights (slinging, rigging, painting etc.) in confined space in excavation / trenching in shot blasting

b) Availability of First Aid box with contents

c) Proper sanitation at site, office and labour camps

d) Arrangement of medical facilities.

e) Measures for dealing with illness at site & labour camps.

f) Availability of Potable drinking water for workmen & staff.

g) Provision of crèches for children.

h) Stand by vehicle / ambulance available for evacuation of injured

20. ENVIRONMENT a) Chemical and Other Effluents properly

disposed

b) Cleaning liquid of pipes disposed off properly

c) Seawater used for hydro-testing disposed off as per agreed procedure

d) Lubricant Waste/Engine oils properly disposed

e) Waste from Canteen, offices, sanitation etc disposed properly

f) Disposal of surplus earth, stripping materials, Oily rags and combustible materials done properly

g) Green belt protection


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(Sheet 1 of 3)

ACCIDENT / INCIDENT REPORT

(To be submitted by Contractor after every Incident / Accident within 24 hours to EIL/ Owner)

Report No.: ____________________________ Date: ______________________

Project site: ____________________________ Name of work: _______________________

Contractor’s name: ________________ Contractor’s Job Engineer (name) ________

Name of the injured: _______________________ Father's name of victim: _________________

Sub Contractor’s Name: ……………………………………………………………………………….

Gate Pass No.:……….. Age: _____Yrs. Victim’s medical fitness exam. (Pre-empl.) date: - ______

Date & time of Accident / Incident: _______________________________________________

Names of Witnesses: (1________________ (2)___________________ (3) ________________

Profession of victim:

Bar bender Carpenter Meson

Fitter Helper Gas cutter

Grinder Welder Electrician

Driver Rigger M/c.operator

Engineer Manager Other/specify

Qualification

No formal education Non-Matriculate Matriculate

Graduate Post- grad Other/specify

Job Experience

NIL Less than 2 yrs 2-5 yrs

5-10 yrs 11-15 yrs 15 years and above

Location where the incident happened: ___________________________________________

______________________________________________________________________________

Non-disabling injury (Non-LTA)

Hospitalized but resumed duty before end of 48 hrs

Disabling injury (other LTA) Hospitalized & failed to resume duty within next 48 hrs Fatal (LTA): Death / Expiry First Aid case (non LTA) Resume duty after first aid

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(Sheet 2 of 3)

Activity / Works that was continuing during incident / accident: -

Excavation Demolition Concrete carrying

Concrete pouring Transportation of materials

(manually)

Transportation of

materials (mechanically)

Work on or adjacent to water Work at height (+2.0 mts) Scaffold preparation

Scaffold dismantling Piling works Welding

Grinding Gas-cutting Pipe fit-ups & fabrication

Structural fabrications Machine works Hydro-testing works

Electrical works Erection activities Other/specify

What exactly the victim was doing just before the incident / accident? ....................................

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

Nature of injury:

Bruise or Contusion Abrasion (superficial wound) Sprains or strains

Cut or Laceration Puncture or Open wound Burn

Inhalation of toxic or Poisonous fumes or gases

Absorption Amputation

Fracture Other/specify

Parts of body involved in incident / accident Head Face Eyes

Throat Arm (above wrist) Hand (including wrist)

Fingers Truck (Abdomen / Back /

Chest / Shoulder)

Throat

Leg (above ankle) Foot (incl. ankle) Toes

Multiple Other/specify

Accident type: Struck against Struck by Fall from Elevation

Fall on same level caught in caught under

caught in between Rubbed or abraded Contact with (Electricity)

Contact with (Temp./ extremes)

Contact with chemicals or oils

Vehicle accident

Other/specify

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Medical Aid provided: - (indicate specific aids / treatment etc.)-

………………………………………………………………………………………………………….

…………………………………………………………………………………………………………..

-------------------------------------------------------------------------------------------------------------------------

Actions taken to prevent recurrence of similar incident / accident: ………………………………

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

……………………………………………………………………………………………………………

………………………………………………………………………………………………………...

_____________________________________________________________________________

Intimation to local authorities (Dist Collector / Local Police Station / ESI authority): Yes / No / NA.

If yes, to whom ………………………………………………………………………………………..

Safety Officer Site Head / Resident Construction Manager

(Signature and Name) (Signature and Name)

Stamp of Contractor

To : Owner : RCM/Site-in-charge EIL (3 copies) Divisional Head (Constn) through RCM

Project Manager, EIL, through RCM

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(Sheet 1 of 5)

SUPPLEMENTARY INCIDENT / ACCIDENT INVESTIGATION REPORT TICK THE APPROPRIATE ONE AS APPLICABLE (furnish within 72 hours)

Supplementary to Incident / Accident Report No: ______ (Copy enclosed) Report No.: ____________________________ Date: ______________________

Project site: ____________________________ Name of work: _______________________

Contractor’s name: ________________ Contractor’s Job Engineer (name) ________

Name of the injured: _______________________ Father's name of victim: _________________

Sub Contractor’s Name: ……………………………………………………………………………….

Gate Pass No.:……….. Age: _____Yrs. Victim’s medical fitness exam. (Pre-empl.) date: - ______

Date & time of Accident / Incident: _______________________________________________

Names of Witnesses: (1________________ (2)___________________ (3) ________________

Profession of victim:

Bar bender Carpenter Meson

Fitter Helper Gas cutter

Grinder Welder Electrician

Driver Rigger M/c.operator

Engineer Manager Other/specify

Qualification

No formal education Non-Matriculate Matriculate

Graduate Post- grad Other/specify

Job Experience

NIL Less than 2 yrs 2-5 yrs

5-10 yrs 11-15 yrs 15 years and above

Location where the incident happened: ___________________________________________

______________________________________________________________________________

Non-disabling injury (Non-LTA)

Hospitalized but resumed duty before end of 48 hrs

Disabling injury (other LTA) Hospitalized & failed to resume duty within next 48 hrs Fatal (LTA): Death / Expiry First Aid case (non LTA) Resume duty after first aid

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(Sheet 2 of 5)

Activity / Works that was continuing during incident / accident: -

Excavation Demolition Concrete carrying

Concrete pouring Transportation of materials

(manually)

Transportation of

materials (mechanically)

Work on or adjacent to water Work at height (+2.0 mts) Scaffold preparation

Scaffold dismantling Piling works Welding

Grinding Gas-cutting Pipe fit-ups & fabrication

Structural fabrications Machine works Hydro-testing works

Electrical works Erection activities Other/specify

What exactly the victim was doing just before the incident / accident? ....................................

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

Particular of tools & tackles being used and condition of the same after incident/accident: …………………………………………………………………………….........................................

……………………………………………………………………………………………………… Description of Incident/Accident (How the incident was caused):

………………………………………………………………………………………. …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… Nature of injury:

Bruise or Contusion Abrasion (superficial wound) Sprains or strains

Cut or Laceration Puncture or Open wound Burn

Inhalation of toxic or Poisonous fumes or gases

Absorption Amputation

Fracture Other/specify

Parts of body involved in incident / accident

Head Face Eyes

Throat Arm (above wrist) Hand (including wrist)

Fingers Truck (Abdomen / Back /

Chest / Shoulder)

Throat

Leg (above ankle) Foot (incl. ankle) Toes

Multiple Other/specify

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(Sheet 3 of 5)

Accident type:

Struck against Struck by Fall from Elevation

Fall on same level caught in caught under

caught in between Rubbed or abraded Contact with (Electricity)

Contact with (Temp./ extremes)

Contact with chemicals or oils

Vehicle accident

Other/specify

Name & Designation of person who provided First-Aid to the victim: ---------------------------------------

Name & Telephone number of Hospital where the victim was treated_________________________

Mode of transport used for transporting victim – Ambulance / Private car / Tempo / Truck / Others

How much time taken to shift the injured person to Hospital________________________________

In case of FATAL incident, indicate clearly the BOCW Registration No. of the victim

/Company……………………………………………………………………………………………

Comments of Medical Practitioner, who treated / attended the victim/injured (attached / described

here)_____________________________________________________________________

What actions are taken for investigation of the incident, please indicate clearly – (Video film /

Photography / Measurements taken etc……………………………………………………………..)

Immediate cause (Please tick the right applicable) –

Hazardous methods or procedures inadequately guarded

Poor housekeeping Inadequate or improper PPE

Environmental hazards (excess noise/ space constraint/ inadequate ventilation

improper illumination/Moving on oval surface

Working on dangerous equipment

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(Sheet 4 of 5)

Failure to secure Horse-play Failure to use PPE

Inattention to surroundings Improper use of hands & body-parts

By-passing safety devices

Unsafe mixing or placement of tools & tackles

Bypassing standard procedures

Failure in communication

Operating without authority Improper use of equipment or tools & tackles

drug or alcoholic influence

excessive haste Others(specify)

Basic cause Over confidence Impulsiveness over-exertion

Faulty judgement or poor understanding

Failing to keep attention constantly

Nervousness & Fear

Fatigue Defective vision Ill health or sickness

Slow reaction Others(specify)

Root cause Inadequate Engg Improper Design Inadequate Planning &

organization

Inadequate knowledge Inadequate skill Inadequate training

Inadequate supervision Improper work procedure Inadequate compliance with standard

Substandard performance Inadequate maintenance Improper inspection

Others(specify)

Loss of man days and impact on site works, (if any) – Remarks from Contractor’s Safety Officer / Engineer –

Was the victim performing relevant tasks for which he was engaged /employed? Yes / No Was the Supervisor present on work-site during the incident? Yes / No Have the causes of incident rightly identified? Yes / No Cause of Accident was_____________________________________________________________

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(Sheet 5 of 5)

Remedial measures recommended by Safety Officer of Contractor for avoiding similar incident in

future

: ………………………………

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

……………………………………………………………………………………………………………

………………………………………………………………………………………………………...

Intimation to local authorities (Dist Collector / Local Police Station / ESI authority): Yes / No / NA.

If yes, to whom ………………………………………………………………………………………..

_____________________________________________________________________________

Safety Officer Site Head / Resident Construction Manager

(Signature and Name) (Signature and Name)

Stamp of Contractor

To : Owner

: RCM// Site-in-charge of EIL (3 copies) Divisional Head (Constn) through RCM Project Manager EIL, through RCM

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NEAR MISS INCIDENT/ DANGEROUS OCCURRENCE SUGGESTED PROFORMA (to be submitted within 24 hours) Near Miss : Human injury escaped & no damage to property, equipment

or interruption to work. Dangerous Occurrence: Damage to property, equipment or interruption of work, but not

resulting in personal injury/illness, e.g. Fire incident, collapse of structure, crane failure, etc

Report No.: _________________ Name of Site: _________________________ Date: ______________________ Name of work: __________________________ Contractor: __________________ __________________________________________________________________________________ Incident reported by : Date & Time of Incident : Location : __________________________________________________________________________________ Brief description of incident __________________________________________________________________________________ Probable cause of incident __________________________________________________________________________________ Suggested corrective action __________________________________________________________________________________ Steps taken to avoid recurrence Yes No To : Owner : RCM/Site-in-charge EIL (3 copies)

Divisional Head (Constn) through RCM Project Manager EIL, through RCM

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FORMAT NO. : HSE-5 REV 0 MONTHLY HEALTH, SAFETY & ENVIRONMENT (HSE) REPORT

(To be submitted by each Contractor) Actual work start Date: _______________ For the Month of: __________________ Project: ____________________________ Report No: ________________________ Name of the Contractor: ______________ Status as on : ______________________ Name of Work : _____________________ Job No : __________________________ (Contractor in consultation with EIL shall generate the reports through web based package(www.eil.co.in/conthse) only.

ITEM UPTO

PREVIOUS MONTH

THIS MONTH

CUMULATIVE

1) Average number of Staff & Workmen (average daily headcount, not man days)

2) Man-hours worked 3) Number of Induction programmes conducted 4) Number of HSE meetings organized at site 5) Number of HSE awareness programmes conducted at site 6) Number of Tool Box Talks conducted 7) Number of Lost Time Accidents (LTA) Fatal

Other LTA 8) Number of Loss Time Injuries (LTI) Fatalities

Other LTI 9) Number of Non-Loss Time Accidents 10) Number of First Aid Cases 11) Number of Near Miss Incidents 12) No. of unsafe acts/ practices detected 13) No. of disciplinary actions taken against staff/ workmen

14) Man-days lost due to accidents 15) LTA Free man-hours i.e. LTA free man-hours counted from the Last LTA (enter date: ……….)

16) Frequency Rate (No. of LTA per 2 lacs man-hours worked)

17) Severity Rate (No. of man days lost per 2 lacs man-hours worked)

18) Loss Time Injury Frequency (No. of LTI per 2 lacs man-hours worked)

19) No. of activities for which Job Safety Analysis (JSA) completed 20) No. of incentives/ awards given 21) No. of occasions on which penalty imposed by EIL/ Owner

22) No. of Audits conducted

23) No. of pending NCs in above Audits 24) Compensation cases raised with Insurance 25) Compensation cases resolved and paid to workmen 26) Whether workmen compensation policy taken Yes No 27) Whether workmen compensation policy is valid Yes No 28) Whether workmen registered under ESI Act, as applicable Yes No Remarks, if any Date: Prepared by Safety Officer Approved by Site Head / Resident Construction Manager (Signature and Name) (Signature and Name)

To : - OWNER - RCM EIL (2 copies)

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FORMAT NO. : HSE-6 REV 0 PERMIT FOR WORKING AT HEIGHTS (ABOVE 2.0 METER)

(In duplicate to be issued daily for site and for office) Permit No…………….. Name of Main Contractor…………………… Name of work executing agency / sub agency / vendor:…………………………………………………... Date……………… Exact Location of work…………………………………… Nature of work ……………………………………..Duration of work (from) ………… (to) ………....... Number of workers covered within this permit…………………………………………………………… (List enclosed with name & gate pass numbers.)

Sl. No.

Items / Subjects Status of compliance

(Yes / No) 1 Work areas / Equipments inspected

2 Work area cordoned off

3 Adequate lighting is provided

4 Precautions against public traffic taken

5 Concerned persons in & around have been alerted & cautioned

6 Hazards / risks involved in routine / non-routine task assessed and control measures have been implemented at specific task

7 ELCB provided for electrical connection & found working

8 Ladder safely attached / fixed

9 Scaffoldings are checked and TAGs are found used correctly

10 Working platforms are provided and are found sound /safe for use

11 Safe access & egress arrangements (e.g. ladders, fall arresters, life-lines etc.) are satisfactorily incorporated

12 a. Openings on platform / floors are effectively cordoned / covered

b. Safety Nets are provided wherever required

13

Use of following safety gadgets by people working at area under this permit, is checked and found satisfactory - Safety helmet Safety harness (full body) with double lanyard Safety Shoes Safety gloves Safety goggles

14 Housekeeping of work area found satisfactorily tidy / clean & clear

15 Adequate measures have been taken for works being continued at the ground level, when simultaneous works are permitted overhead at that very location.

16 Materials are not thrown from heights on to ground

17 Medical examination of workers are made & found satisfactory

18 Responsible job engineer / supervisor found physically present at work spot for overall administration of work as well as safety of people.

Above items have been checked & compliance has been found in place. Hence work is permitted to start / continue at the above-mentioned location. Work shall not start till identified lapses are rectified. Additional Precautions, if any ……………………………………………………………. ……………………………………………………………………………………………..

Work Permit issued by Verification By Contractor Engineer/RCM Contractor Safety Officer AT THE END OF THE DAY/WORK: All works at height are completed & workmen have returned safely from work location at (time)………….. (date)……………

(Sig. Contractor Engineer)

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CONFINED SPACE ENTRY PERMIT Project site ___________________________ Sr.No. _________________________ Name of the work ______________________ Date ___________________________ Name of Contractor ____________________ Nature of work ___________________ Exact location of work _____________

Safety Requirements POSITIVE ISOLATION OF THE VESSEL IS MANDATORY

(A) Has the equipment been ?

Y NR Y NR Y NR Isolated from

power/steam/air water flushed &/or

steamed radiation sources

removed isolated from liquid or

gases Man ways open &

ventilated proper lighting

provided depressurized &/or

drained cont. inert gas flow

arranged

blanked/ blinded/ disconnected

adequately cooled

(B) Expected Residual Hazards lack of O2 combustible gas/ liquid H2S / toxic gases corrosive chemicals pyrophoric iron / scales electricity / static heat/ steam / frost high humidity ionizing radiation (C) Protection Measures gloves ear plug / muff goggles / face shield protective clothing dust / gas / air line mask personal gas alarm grounded air duct/blower

/AC attendant with SCBA/air

mask rescue

equipment/team Fire fighting arrangements safety harness & lifeline communication

equipment

Authorization / Renewal (It is safe to enter the confined space)

No. of persons allowed

Name of persons allowed

Signature Time SignatureContractor's Supervisor

Contractor's Safety Officer

From To Workman

Permit Closure :

(A) Entry was closed stopped will continue on ... (B) Site left in a safe condition Housekeeping done (C) Multilock removed key transferred Ensured all men have come out Man-ways barricaded Remarks, if any:

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RADIATION WORK PERMIT

Project : Sr.No. : Name of the work : Date : Name of site contractor : Job No. : Location of work : Source strength : Cordoned distance (m) : Name of Radiography agency : Approved by Owner/EIL No. of workers engaged : (List enclosed with name & gate pass numbers.) The following items have been checked &compliance shall be ensured during currency of the permit: S. No. Item description Done Safety regulations as per BARC/AERB ensured while source in use/in transit & during

storage

Area cordoned off / safe working platform provided Lighting arrangements for working during nights ensured Warning signs/ flash lights installed Cold work permit taken (if applicable) PPEs like film badges, dosimeters used Additional precautions, if any ______________________________________________________ (Radiography Agency’s BARC/AERB authorized Supervisor) Permission is granted. Permit is valid from ___________ AM/PM ____________ Date to ___________ AM/PM _________ Date (Signature of permit issuing authority of site contractor) Name :Designation: Date: Permit renewal:

Permit extended up to Additional precautions required, if any Sign of issuing authority with date (of site contractor)

Date Time Work completed/ stopped/ area cleared at ________ Hrs of Date ______________ (Sign. of permit issuing authority) Name & Signature of site contractor:

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FORMAT NO. : HSE-9 REV 0 DEMOLISHING/DISMANTLING WORK PERMIT

Project : Sr.No. : Name of the work : Date : Name of contractor : Job No. : Name of sub-contractor : No. of workers to be engaged:

(List enclosed with name & gate pass numbers.) Line No./ Equipment No./ Structure to be dismantled : Location details of dismantling/ demolition with sketch : (clearly indicate the area) The following items have been checked &compliance shall be ensured during currency of the permit: S.

No. Item description Done Not

Applicable

Services like power, gas supply, water, etc. disconnected Dismantling/ Demolishing method reviewed & approved Usage of appropriate PPEs ensured Precautions taken for neighbouring structures First-Aid arrangements made Fire fighting arrangements ensured Precautions taken for blasting (Contractor’s Supervisor) (Contractor’s Safety Officer) Permission is granted. (Permit issuing authority) Name : Date : Completion report : Dismantling/ Demolishing is completed on _____________ Date at ____________ Hrs. Materials/ debris transported to identified location Tagging completed (as applicable) Services like power, gas supply, water, etc. restored (Permit issuing authority) CONTRACTOR’s NAME

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DAILY SAFETY CHECKLIST (To make use of before start of day’s work)

Project : Sr.No. : Name of the work : Date : Name of contractor : Job No. :

Description of Job decided to perform : -

Use of PPE / Safety Gadgets

Sl. No

PPEs Compliance (Yes / No)

Sl. No

PPEs Compliance (Yes

/ No) 1 Safety Helmets 6 Face Shield 2 Safety Shoes 7 Full body harness 3 Hand Gloves 8 Fall Arrest System 4 Dust Musk 9 Safety net

5 Safety Goggles

10 Horizontal life-line made of steel wire, (dia not less than 8.0 mm.)

(Serial No. 1 & 2 are compulsory for everyone. Specify & ensure use of other safety gadgets as required for the job)

Identify following important unsafe conditions: -

Sl. No Conditions Yes / No 1 Access to work site / emergency escape clear 2 Soil / Loose earth kept away from excavated pit / slope / ladder provided

3 Electrical wire / welding lead lying entangled on ground / welding m/c. booth accessible

4 Elevated work platform / open ends are protected

5 Ground area cordoned off before lifting works or erection at height / ground area checked & cordoned-off before start of height works

6 Structural members / erected pipes / wooden boards/pieces etc. are safely anchored at heights and are not likely to fall down on people when working beneath

7 Rope ladders tied-up on tall steel structures, long before are removed to get rid of their use

8 Any Other Indicate actions taken, if status of any of the above items is found “No”

……………………………… ………………………………………………………………………………………………………………. Specific Safety guidelines / precautions, if any (communicated thro’ TBT)

…………………………… ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… Above conditions and PPE compliances are checked by undersigned and correct status are indicated after

verification Inspected by Verification By Contractor Engineer Contractor Safety Officer

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HOUSEKEEPING ASSESSMENT & COMPLIANCE

Project : Sr.No. : Name of the work : Date : Name of contractor : Job No. : Name of contractor : Fortnightly

Sl No.

Subjects of Review Satisafctory/

Yes Non

satisfactory/No Remarks Action

1. Cleanliness at the Main entry / access of site

2. Ground condition / floor areas free from water-logging / oil spillage

3. Ground & elevated floors free from rubbish / wastes / accumulated debris / scraps.

4. Manholes / openings are covered / fenced

5. Trenches are barricaded / walkways are in place

6. Drains are cleaned / not choked / not occupied by dumped materials

7. Sufficient CAUTION boards / instructions displayed

8. Construction machinery are maintained & parked in orderly manner.

9. Movement of site people are not obstructed because of dumping / storing of construction materials

10. Access / egress to Electrical Distribution Boards / Panels clear from wires / cables / earth-strips etc.

11. Electrical panel rooms / sheds / MCC / Control rooms / Substations etc. are clean & tidy and not used for storing dress / clothes, tiffin-box or bicycles.

12. Passage behind Elec. panels are free for access

13. Fire extinguishers / fire-buckets are accessible without any difficulty.

14. Stair-steps, platforms & landings are clear & tidy

15. Sheds / rooms & work areas have got sufficient illumination as well as ventilation

16. Cables / Wires / welding leads are routed / hanged appropriately & are not creating unsafe condition.

17. Stacking / storing of insulation materials or their packing.

18. Removal or cleanliness of left-over sand, concrete, brick-bats, insulation-materials, excess earth, wastes etc.

19. Storing / stacking of sand, metal chips, re-bars, steel pipes, valves, fittings etc.

20. One escape route at ground & minimum two escape routes at elevation available,

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Sl No.

Subjects of Review Satisafctory/

Yes Non

satisfactory/No Remarks Action

21. Captions / Posters / Slogans on various safety instructions are displayed legibly in local language

22. Cable trenches are water-free or regular arrangement for taking out accumulated water exists.

23. Windows of rooms / offices are regularly cleaned

24. Facilities for cycle sheds, drinking water, washing, rest-rooms etc. are maintained in tidy manner.

25. Toilet, Urinals, Canteen / kitchen / pantry etc. are maintained & free from obnoxious smell.

26. Construction tools / tackles are stored systematically - the items are tagged / tested / certified by competent third party.

27. Sufficient numbers of Dust-bins / Waste-bins found at site and are regularly emptied.

Additional remarks, if any - ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………………

Inspected by Verification By Contractor Engineer Contractor Safety Officer

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INSPECTION OF TEMPORARY ELECTRICAL BOOTH / INSTALLATION

Project : Sr.No. : Name of the work : Date : Name of contractor : Job No. : Sub Station No:/Booth No Location:

SL NO

SUBJECTS OBSERVATION (YES /NO) ACTION TAKEN

1 Switchboards installed properly are in order and protected from rain & water-logging.

2 Adequate illumination provided for switchboard operation during night hours & the lamps are protected from direct human contact.

3 Voltage ratings, DANGER signs, Shock-Treatment-Chart displayed in the installation / booth

4 Fire extinguisher (DCP or CO2) & Sand Bucket kept in close vicinity of Switchboards

5 Valid License & Competent Electrician / Wireman available & name/ license no. displayed at booth / installation.

6 General housekeeping in & around booth / installation found in order.

7 Cable-route-markers for U/G cables provided.

8 Monthly inspection report of Electrical hand tools available in booth / installation.

9 Insulated Mat provided in front of Elec. Panels. 10 Rubber hand gloves available/ used by Electricians

11 Availability of CAUTION boards for shutdown & / or repairing works.

12 All incoming & outgoing feeders have proper MCCB / HRC fuses / Switches.

13 Switchboards “earthed” at two distinctly isolated locations.

14 Switchboards have adequate operating space at the front face & at the rear face too.

15 All connections provided through 30mA ELCB. 16 Testing records of all ELCBs available at site 17 Only industrial type plugs & sockets are used.

18 Temporary connections are 3-core double insulated & free from cuts & joints and 3rd core is earthed at both ends

19 Socket boards are properly mounted on stand & protected from water ingress.

20 Electrical equipments operating above 250V have two earthing / double earthing.

21 All incoming / outgoing cables are properly glanded & terminated with “lugs”.

22 Switch-boards are of industrial variety / type.

23 Sketch for installation / connection (SLD) made & pasted & other safety labels/display boards

24 Labeling of incoming / outgoing feeders made. 25 All hand lamps are protected from direct contact. 26 All electrical cable / joints are in safe condition


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INSPECTION FOR SCAFFOLDING


Sl. No

Description Yes No N.A Actions taken

1 Whether work permit is obtained to take up work at height above 1.5 Mts?

2 Whether atmospheric condition is “stormy” or “raining” and works at heights have been permitted?

3 Whether steel pipes scaffoldings are used for units /off-site areas?

4 Whether scaffolding has been erected on rigid/firm/leveled surfaces / ground? Whether “foot-seals” or “base-plates” are used beneath the up-rights (vertical steel pipes)

5 Whether scaffold construction is as per IS specification with toe-board and hand-rails (top-rail as well as mid-rail)?

6 Whether distance between two successive up-rights are less than 2.5 Mts (height of scaffold & load carrying capacity governs the distance between two uprights)

7 Whether all uprights are extended at least 900 mm above the top most working platform (to enable fitting of handrails)?

8 Whether vertical distance of two successive ledgers is satisfactory? (varying between 1.3 Mts. To 2.1 Mts)

9 Whether the peripheral areas of working at height are cordoned-off? (for avoiding accident to people arising out of dropped / deflected materials)

10 Whether platform is provided? Is it safely approachable?

11 Whether end of scaffold platform / board are extended beyond transoms? (125mm to 150 mm)

12 Whether CE / IS approved quality and worthy conditioned full-body safety harness (with double lanyard & karabiners) are used while working at heights?

13 Whether life-line of safety harness is anchored to an independent secured support capable of withstanding load of a falling person?

14 Whether the area around the scaffold is cordoned off to prohibit the entry of unauthorized person / vehicle?

15 Whether clamps used are of good condition, of adequate strength and free from defects?

16 Whether ladder is placed at secured and leveled surface? 17 Whether water-pass and oil-spills are avoided around the scaffold structure? 18 Whether ladder is extended 1.5mts. above the landing point at height? 19 Whether more than one access/egress provided to the scaffold?

20 Whether ladder used are of adequate length and overlapping of short ladders avoided?

21 Whether metallic ladders are placed much away from near-by electrical transmission line?

22 Whether rungs of ladder are inspected and found in good order? 23 Whether fall-arresters provided on both the access/egress routes?

24 Whether diagonal (cross) bracings are provided at regular interval on the scaffold?

25 Whether working platform on the scaffold has been made free from “jolt” or “gap”?

26 Whether tools or materials are removed after completion of the day’s job at heights?

27 Whether a valid Permit for Work (PFW) is obtained before taking up work over asbestos or fragile roof?

28 Whether sufficient precaution is taken while working on fragile roof?

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(Sheet 2 of 2)

Sl. No

Description Yes No N. A Actions taken

29 Whether provision is made to arrange duck ladder, crawling board for working on fragile roof?

30 Whether scaffold has been inspected by qualified civil engineers prior to their use?

31 Whether the scaffolding has been designed for the load to be borne by the same?

32 Whether the erection and dismantling of the scaffolding is being done by trained persons and under adequate supervision?

33 Whether safety net with proper working arrangement and life-line has been provided?

34 Whether TAGS (Green for acceptable and Red for incomplete/unsafe scaffolds) are used on scaffolds?

35 Whether sufficient illumination is provided in and around the scaffold and access?

36 Whether emergency rescue / response arrangements are made in place


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FORMAT NO. : HSE-14 REV 0 (sheet 1 of 2)

PERMIT FOR ERECTION / MODIFICATION & DISMANTLING OF SCAFFOLDING

Project : Sr.No. : Name of the work : Date : Name of contractor : Job No. : Nature of activities : Duration: From………To…………

SL. No.

SUBJECTS / ITEMS DONENOT

DONE REMARKS

1 Specific task of Erection / Modification / Dismantling of scaffolds, identified & TAGGED accordingly (before as well as after carrying-out jobs).

2 People engaged in doing the job are identified & are certified by Job Engineer of Main Contractor as experienced / trained.

Names to be noted

3 Concerned persons are alerted by the Job Engineer of Main Contractor in connection with possible hazards & what the workmen MUST do / MUST not do.

4

Verification by Job Engineer of Main Contractor made for confirming that all persons permitted to carry-out the jobs are making use of Helmet, Safety Shoes, Goggles, Gloves & Double lanyard safety harness and other relevant PPEs.

5 Area of work is effectively cordoned-off / barricaded / illuminated.

6

For taking-up / lowering down Scaffolding members / clamps / couplings etc. appropriate ropes / pulleys/ chains etc. have been arranged for use (not to throw any item) & the same have been verified as “fit for purpose”.

7 Items / members of scaffold, being lowered are removed from the area & stacked correctly.

8

Ropes, chains, pulley blocks etc. being used for lifting or lowering scaffold items, are inspected by the Job Engineer & their certifications as well as physical conditions have been found O.K, before signing this PERMIT.

9 Safety Net / Life-line / Fall Arresters etc. are arranged in position and Job Engineer has found working conditions favourable for activities to start.

10 Scaffold erection or dismantling tasks are being supervised by Experienced Engineer / Competent person.

11 Only competent & experienced people have been selected / engaged in Scaffolding erection, modification or dismantling tasks.

12 Adequate & effective actions for traffic and movement of people around the cordoned-off area taken to avoid inadvertent incident

13 Working platforms are protected with handrails & toe-boards. 14 Access & Exit (for reach & escape) are safe for use by people.

15 Tools, tackles to be used for above jobs are verified by job Engineers of Main contractor as genuinely good and tied-up at height (to prevent their fall).

16 Site important Telephone Nos. are made known to everyone

17 SOP (Safe Operating Procedure) for the specific task is made & followed too.

18 Emergency vehicle has been arranged at work locations.

This permit for work shall be available at specific work location all the time. After completion of work, permit shall be returned to safety cell of main contractor, without fail. This Permit shall be issued maximum upto (Monday to Sunday). Additional Precautions, if any

………………………………………………………………………………………………………………… ACCORD OF PERMISSION (to be ticked) - YES ( ) / NO ( )

Inspected by Verification By Contractor Engineer Contractor Safety Officer]

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(sheet 2of 2)

Everyday Site working conditions & performance of workmen shall be assessed / checked by Contractor Site Engr. and Safety Officer shall verify the same .

Name / Sign. MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY

Site Engr.

Safety Off.

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PERMIT FOR HEAVY LIFT/CRITCAL ERECTION

Project : Sr.No. : Name of the work : Date : Name of contractor : Job No. : Nature of activities : Duration: From………To………… Location of work : Name /Type of crane : Equipment/Structure to be erected: Wt. of equipment/ structure to be erected : SL. NO.

Description of Item

COMPLIANCE STATUSRemarks

Yes No Not applicable

1) Is the crane type suitable for lift or as per erection procedure?

2) Is the crane have the correct number of counterweights fitted?

3) Availability of Load Certification of crane from authorized agency.

4) Is the load chart of crane available in carne cabin/or with Crane operator?

5) Is the device to check the Wind speed in crane is working? Is the safety features in crane are working?

6) Availability of Load certification of slings and other accessories from authorized agency

7) Availability of Licensee/certificate for crane operator from authorized agency.

8) Availability of approved JSA for the subject activities.

9) Availability of approved erection/rigging procedures.

10) Availability of temporary gratings/ platforms for critical lifting(as applicable)

11) Tool Box conducted before erection? 12) Has the area been cordoned off? 13) Are the authorized persons during erection are identified?

14) Does each person identified for erection understand their roles and responsibilities?

15) Is the ground on which crane will rest or outrigger support are correct?

16) Is hard stand requirement (if any) complied?

17) Is the communication system (viz walkie talkies,etc are working properly?

18) If more than one crane is lifting the load, is an Intermediate rigger will supervise the lift?

19) If there is other obstruction within the operating radius of the crane, have correct precautions been taken to prevent collision?

20) All the persons are wearing the requisite PPE?

Inspected & Issued by Verification By Contractor Engineer/RCM Contractor Safety Officer

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PERMIT FOR ENERGY ISOLATION & DE-ISOLATION


ENERGY ISOLATION PERMIT Clearance required from:…..Hrs ………Date To …. ..Hrs ….Date Name of equipment/ energy source etc …………………………………………………………………. Nature of job to be done: ………………………………………………………………………………. Area………………………….Location:…………………………………………………………………..

PERMIT VALIDATION PERFORMING AUTHORITY I hereby authorize the …………..personnel(performer) to isolate the above equipment/energy source from all sources of power and handover the equipment/energy source for maintenance/repair. Issuing authority Area –Incharge/RCM Signature: Date: Name:

The work and precautions will be carried out under my overall responsibility.(Testing/execution engineer) Signature: Date: Name:

SAFETY PRECAUTIONS FOR CLEARANCE NORMALISING AFTER CLEARANCE 1. Notify workers of intent to de- energize 2. Obtain lock,tag or locking/tagging devices 3. Shut down ,de energize, dissipate any

residual energies. 4. Apply lock ,tag and locking and/or tagging

devices 5. *Any other job specific precautions 6. Verify effectiveness of lockout by

attempting to restart. 7. Proper PPE is ensured

I certify that the energy source mentioned above is isolated from all sources and is safe to start the work. Tag No:…… Lock No:………….

Issuing authority Area –Incharge/RCM Signature: Date: Name: (*to be included by contractor in consultation with EIL/owner)

1. Notify workers of intent to re- energize 2. Conduct visual inspection to confirm that the

danger zone is clear of workers 3. Conduct visual inspection to confirm that tools

,equipments danger zone is clear of workers 4. Reposition the safety devices(interlocks,

valves, guards, covers ,sensors, as applicable, etc) 5. *Any other job specific normalizing details 6. Remove lock, tag and locking and/or tagging

devices. 7. Re energize. 8. Confirm system is operating properly& safely I certify that the energy source mentioned above is isolated from all sources and is safe to start the work. Tag No:…… Lock No:…………. Issuing authority Area –Incharge/RCM Signature: Date: Name: (*to be included by contractor in consultation with EIL/owner)

ENERGY DE-ISOLATION PERMIT PERMIT VALIDATION PERFORMING AUTHORITY I hereby authorize the …………..personnel(performer) to de- isolate the above equipment/energy source from all sources of power and handover the equipment/energy source for normal operation.. Issuing authority Area –Incharge/RCM Signature: Date: Name:

I herby certify that the equipment/energy source mentioned above has been de-isolated and is ready for normal operation.(Testing/execution engineer) Signature: Date: Name: Countersigned by Issuing authority

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PERMIT FOR EXCAVATION (depth 2m and above)

(Sheet 1of 2) Project : Sr.No. : Name of the work : Date : Name of contractor : Job No. : Job Description : Location: Size of excavation :

SL. NO.

Description of Item

COMPLIANCE STATUS RemarksYes No Not

applicable 1) Suitable and sufficient risk assessments and method statements

has been carried to ensure that the work shall be undertaken in accordance with specification and standard.

2) Are plans/details of underground services available and the same has been reviewed?

3) Has survey done to locate the services/obstacles, etc.

4) Has the live services (electrical, water line, air line, telephone line,etc) has been disabled for carrying out the job.

5) Is adequate barriers/fences to protect the excavation are in place?

6) Is Adequate warning signs are in place? 7) Is Assessment of ground conditions done and remedial action (if

any) taken?

8) Safe access / egress (e.g. ramp / steps / ladders etc.) provided for site workmen & supervisors.

9) Is the excavation work being undertaken in proximity of structure, etc ? If Yes, it’s effect is considered?

10) Availability of competent person for supervising the excavation work?

11) Adequate safe arrangement to prevent collapse of edges (e.g. shoring / strutting / benching / sloping etc.) made at site.

12) Hard barricades (at least 1.0M away from edge & for excavation near site access roads) with warning signs/caution boards are provided

13) Accumulation / passage-ways of water at periphery of excavation / trench stopped/ restricted.

14) Is the equipment being used for excavation has been checked for adequacy and is in good working condition having all the safety features?

15) Age & fitness of workmen ensured by medical test before engagement in job ?

16) Arrangement of Monitoring of possible oxygen deficiency or obnoxious gases done & action taken?

PERMIT GRANTED - Yes / No

(List enclosed with name & gate pass numbers.) Name & Signature of Site Engr Name & Signature of Safety Officer Contractor (Initiator) Contractor (Issuing authority)

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PERMIT FOR EXCAVATION (Sheet 2of 2)

NOTES: -

1. Slopes or benches for excavation beyond 2.0M depth shall be designed & approved by Contractor’s site head.

2. Excavated earth to be kept at least 1.5M away from edges

3. Safety helmets, Safety shoes or gum-boots, gloves, goggles, Face shield, Safety Harness shall be essential PPEs.

4. Permit shall be made in duplicate and original shall be available at site of work. 5. Permit shall be issued for maximum one week only (Monday to Sunday) 6. After completion of works, permit shall be closed & preserved for record purpose

GRANT OF PERMIT AND EXTENSIONS

Sl. No.

Validity period From ____To ____

Working Time From _____To _____

Initiator (site Engr. of Main

Contractor)

Issuing authority (Safety Officer

of Main Contractor)

Review by EIL / Owner (Remarks

with date

1.

2.

3.

4.

5.

6.

7.

Additional safety instructions if any: - 1.

2.

3.

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Drilling Works (Jopb No. 6936) Contents of Bid and Check List

Page 1 of 4

CONTENTS OF BID

AND

CHECK LIST

(COMMERCIAL)

of 413



Page 2 of 4

CONTENTS OF BID AND CHECK LIST

Bidder is requested to fill this check list and ensure that all details/documents have been furnished under relevant sections as called for in the Bidding Document along with duly filled in, signed & stamped.

Please tick the box and ensure compliance:

(A) UNDER SECTION-I

(A.1) Letter of submission & Synopsis of the Proposal.

Submitted

(A.2) Form of Bid as per Proposal FORM-A including Annexure of Information about the Bidder

Submitted

(A.3) Documentation against Bidder Qualification Criteria FORM B

Submitted

(A.4) Bank Guarantee/ Bid Bond as Bid Security/ EMD as per format attached in the GCC

Submitted

(A.5) Power of Attorney in favour of the person who has signed the Bid

Submitted

(A.6) Declaration as per Proposal FORM-C duly signed & stamped by the bidder in token of having received and read all volumes/ sections of the commercial & technical documents and having accepted and considered the same in preparing and submitting the bid.

Submitted

(A.7) Memorandum of Understanding (MoU) with engineering Sub-contractor/ sub-contractor for pre-commissioning/ commissioning, as applicable.

Submitted

(B) UNDER SECTION-II

(B.1) Certificate of Bidder that no Indian Agent is involved for the Bidder as per Proposal FORM- M.

Submitted

(B.2) Deployment Schedule of construction equipment, tools & tackles proposed for execution of works as per Proposal FORM-D.

Submitted

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Page 3 of 4

(B.3) Detailed execution philosophy of work as per Proposal FORM –E

Submitted

(B.4) Details of proposed organisation along with CV's of key personnel for Home and site Office as per Proposal FORM-F.

Submitted

(B.5) Deployment Schedule of Key Personnel as per FORM-G.

Submitted

(B.6) Project Schedule in the form of Bar Chart.

Submitted

(C) UNDER SECTION-III

(C.1) Details of concurrent commitments as per Proposal FORM-H Submitted

(C.2) Declaration about Bidder's Income Tax Liability in India as per Proposal FORM-I

Submitted

(C.3) Financial details as per Proposal FORM-J including Audited Balance Sheet, including Profit and Loss A/c for the preceding 3 financial years

Submitted

(C.4) PAN for Income Tax

Submitted

(C.5) Solvency Certificate from Bidder's bankers. Date of issue of this certificate should not be less than 1 years from due date of opening of Techno-commercial part.

Submitted

(C.6) Partnership Deed in case of partnership firm, and Memorandum & Articles of Association in case of constituent companies.

Submitted

(C.7) Information about any Current Litigation/ Arbitration, if any, in which bidder is involved as per Proposal FORM-K

Submitted

(D) UNDER SECTION-IV

(D.1) Reply to Commercial Questionnaire.

Submitted

(D.2) Blank copy (without prices) of Total Schedule of Prices duly stamped & signed on each page.

Submitted

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Page 4 of 4

(E) UNDER SECTION-V

(E.1) Technical Details/documents specified under "Technical Information Required along with Bid".

Submitted

(E.2) Reply to Technical Questionnaire.

Submitted

(F) UNDER SECTION-VI

(F.1) Compliance to Bid Requirement as per Proposal FORM- N or in case of Deviations (if any) to the commercial and Technical bid documents as per Proposal FORM-L. Technical deviations must be given separately for each discipline.

Submitted

(G) UNDER SECTION-VII

(G.1) Any other information required in the Bidding Documents or considered relevant by the bidder

Submitted

(G.2) Secrecy Agreement.

Submitted

(G.3) Integrity Pact

Submitted

(H) UNDER SECTION-VIII

(H.1) Table of Contents (Master Index) duly signed and stamped on each page.

Submitted

(I) UNDER SECTION-IX

(I.1) Quality Assurance: A brief description of the Bidder's QA system and a statement detailed how QA will be implemented for the Project.

Submitted

(J) UNDER SECTION-X

(J.1) Check- List

Submitted


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Drilling Works (Job No. 6936) Commercial Questionnaire

Page 1 of 5

COMMERCIAL QUESTIONNAIRE

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Page 2 of 5

S. No.

EIL’s QUERRY BIDDER’s REPLY/ CONFIRMATION

1. Please confirm that Table of Contents/ Master Index Document along with Amendment, if any, duly signed and stamped on each page has been submitted along with the Bid.

2. Confirm that all pages of the Bid have been numbered in sequential manner.

3. Confirm that Bid has been submitted as specified in Instructions to Bidders.

4.

Confirm that you have studied complete Bidding Document including Technical and Commercial Part and your Bid is in accordance with the requirements of the Bidding Document.

5. Confirm that the price part does not include any terms and condition.

In case any terms and conditions are mentioned in the e-price part, the same shall be treated as null and void.

6. Confirm your compliance to total scope of work mentioned in the Bidding Document and its amendment (if any).

7. Confirm your acceptance for 'SCOPE OF SUPPLY' mentioned in the Bidding Document.

Please note that scope of supply mentioned in the Bidding Document is not limitative and except for the material specifically identified as that to be issued by OWNER, CONTRACTOR's scope shall include supply of all materials required for completion of Work irrespective of whether such materials are mentioned in the Bidding Document or not.

8. Confirm your acceptance for Time Schedule as mentioned in Annexure-1 to Special Conditions of Contract.

9. Schedule of Price

a) Price must be filled in the Format for SOR provided with the Bidding Document. If price quoted in separate typed sheets and any variation in item description, unit or quantity is noticed and no deviations

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Page 3 of 5

S. No.


are specified by bidder in unpriced bid, confirm that Owner/ EIL shall presume that the price quoted are as per the price format attached with bidding document.

b) Confirm that deviation/terms & conditions are not mentioned in the price part. In case any terms and condition is mentioned in the price part, the same shall be treated as null and void.

c) Confirm that correction fluid is not used in the price part.

(In case of any correction, the same shall be signed and stamped by authorised signatory.)

10. Confirm that your taxes/duties, insurance etc, which are to be included in your price as per provisions of Bidding Document, has been included by you in your lumpsum quoted price.

11. Confirm your acceptance for critical stipulations of the Bidding Document as per clause no. 27.2 of Instruction to Bidders.

12. Confirm that your Bid is substantially responsive to the requirements of the Bidding Document, and you have not stipulated any material deviation and submitted all details as specified in the Bidding Document.

13. Confirm that while proposing the list of construction equipments, you have considered the minimum construction equipments as indicated in Technical Bid Evaluation Criteria under Special Instructions to Bidders.

14. Confirm that you have proposed adequate project/site organisation with qualified supervisory personnel having sufficient experience.

15. Confirm that all costs resulting from safe execution of Work, such as safety induction, use of protective clothing, safety glasses and helmet, safety precaution taken during monsoon, or any other safety measures to be undertaken by the CONTRACTOR for execution of Work are included in the Lumpsum Price.

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Page 4 of 5

S. No.


16. Please confirm that all safety rules & regulations as mentioned in Bidding Document or notified at later date by OWNER during execution shall be adhered by CONTRACTOR within Quoted Price.

17. Confirm that the safety precautions shall be followed by CONTRACTOR as mandatory of Bidding Document.

18. Confirm the following: -

"The planning schedule, S-curves, manpower estimates, construction equipment deployment schedule etc; submitted by the bidder with his bid, are indicative and shall not be basis for extra compensation in case actual needs are higher.

Detailed planning schedule developed by CONTRACTOR after Contract award may be subject to fluctuations depending upon actual progress of the project and available Work front.

Co-ordination and making available by CONTRACTOR of all staff, manpower, construction equipment, tools, cranes, etc. and materials as required for a timely completion of all Work as per OWNER's construction and priority schedule and in accordance with the available Work front are to be included in the pricing".

Notwithstanding the above provision, the bidder shall submit these details in accordance with the volume of work, which may be reviewed and commented by us during pre award stage/ post award stage.

19. Please confirm that your Quoted Price includes cost towards third party Inspection, if any.

20. Please confirm that the CONTRACTOR shall supply all chemicals, consumables required for pre- commissioning/ commissioning as per provision of Bidding Document.

21. Please confirm that you have considered this Contract on the basis of single point

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Page 5 of 5

S. No.


responsibility.

22. The safety measures as mentioned in GCC/SCC shall not be considered as limitative. The CONTRACTOR will be required to develop their stringent safety measures and submit the same to Engineer-in-charge with the provision of a dedicated safety group closely monitoring the construction activities in all working shifts.

23. Please confirm that your sub contractor for construction shall be meeting the requirements as specified in Special Conditions of Contract including the provision of GCC.

24 Confirm that your bid is valid for 4 Months from the due date of submission of bid.

(STAMP AND SIGNATURE OF BIDDER)

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PREAMBLE TO SCHEDULE OF RATES

1. The Schedule of Rates/Price shall be read with all other sections of this Bidding Document. 2. The Contractor is deemed to have studied the drawings, specifications and details of works to be

done within the Time Schedule and should have acquainted himself of the conditions prevailing at site.

3. No claim shall be entertained during currency of this Contract towards any items due to the above including where the Contractor has quoted low/ high rates.

4. Employer/Consultant reserves the right to interpolate or extrapolate the rates for any new item of work not covered in Schedule of Price from the similar items already available in schedule of rates. All the works shall be measured upon completion and paid for at the rate quoted and accepted in the "Schedule of Price". In case any activity though specifically not covered in schedule of rates descriptions but the same is covered under scope of work/ scope of supply/ specification/ drawings etc. no extra claim on this account shall be entertained, since Schedule of Price is to be read in conjunction with all other documents forming part of the Contract.

5. All items of work mentioned in the Schedule of Prices shall be carried out as per the specifications, drawings and instructions of Employer/Consultant and the rates are deemed to be inclusive of material, consumable, labour, supervision, tools & tackles and detailing of construction/fabrication drawings, isometric wherever required as called for in the detail specification and conditions of the Contract.

6. Employer/Consultant reserves the right to cancel/ delete/ curtail any item or group of work if necessary. Such a step shall not be construed as reason for changing the rates.

7. The quoted prices shall be deemed to be inclusive of all taxes & duties (including but not limited to VAT, VAT on Works Contract Tax, Central Sales Tax, Excise Duty, Service Tax, Entry Tax, Octroi) and levies etc. with respect to CONTRACTOR’s scope of work/ scope of supply till the completion of the work.

8. While quoting and filling the rate in this Schedule of Rates, Bidder shall take into consideration complete scope of work/item description as mentioned in Schedule of Rates.

9. Bidder shall quote as per S.O.R. item only. No comment, explanation or clarification in S.O.R. is acceptable.

NAME OF WORK : DRILLING WORKS IN CRUDE STORAGE FACILITIES AT MANGLORE OF M/S ISPRL

BIDDING DOCUMENT NO.

: SK/6936-000-CQ-TN-7200/1000

NAME OF BIDDER : M/S

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SCHEDULE OF RATES/PRICES (FORM SP-0)

(SHORT DESCRIPTION- MS-EXCEL SHEET)

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SK/6936-000-CQ-TN-7200/1000

69360DRILLING WORKS INDIAN STRATEGIC PETROLEUM RESSTRATEGIC STORAGE OF CRUDE OIL

SL NO ITEM NO SHORT DESCRIPTION QTY UOM RATE AMOUNT

SOR NO 6936-000-67-41-CQ-SOR-7200-0-1M

SOR TITLE UG Works

1 U000.00.00 SUB SURFACE2 U999.00.00 Miscellaneous3 U999.99.00 Miscellaneous4 U999.99.99V02 Drilling in soil/leterite 300.00 M 0 0.005 U999.99.99V03 Drilling in Rock with Air 1,000.00 M 0 0.006 U999.99.99V04 Drilling with water through tunnel with casing 300.00 M 0 0.007 U999.99.99V05 Drilling with water without casing 1,500.00 M 0 0.008 U999.99.99V06 Core drilling 500.00 M 0 0.009 U999.99.99V07 Cemented metal casing 300.00 M 0 0.00

10 U999.99.99V08 Water pressure test 30.00 NOS 0 0.0011 U999.99.99V09 Falling Head Test 10.00 NOS 0 0.0012 U999.99.99V10 Backfilling of hole 200.00 M 0 0.0013 U999.99.99V11 Protection of borehole 15.00 NOS 0 0.0014 U999.99.99V12 PVC pipes 300.00 M 0 0.0015 U999.99.99V13 Gravel pack 200.00 M 0 0.0016 U999.99.99V14 Deviation Measurements 15.00 NOS 0 0.0017 U999.99.99V15 Report preparation 1.00 LS 0 0.00

SUB TOTAL 0.00

BIDDING DOC NO

TENDER TITLE

SCHEDULE OF RATES

IN INR

CLIENT

PROJECT

BIDDER NAME

JOB NO

Item descriptions provided in this Excel Sheet are in brief. While quoting and filling the rate in this Schedule of Rates (Short Description), Bidder shall take into consideration complete

scope of work/ item description as mentioned in Schedule of Rates (Detailed Description) for the relevant item, provided in the Bidding Document. The rate quoted in Schedule of

Rates (Short Description) shall be deemed to include all activities of work mentioned in item description of Schedule of Rates (Detailed).

Bidders are requested to fill in the RATE column only

PART NO

Page 1 of 3

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SK/6936-000-CQ-TN-7200/1000



BIDDING DOC NO

TENDER TITLE

SCHEDULE OF RATES

IN INR

CLIENT

PROJECT

BIDDER NAME

JOB NO





PART NO

TOTAL 0.00

Page 2 of 3

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SK/6936-000-CQ-TN-7200/1000



BIDDING DOC NO

TENDER TITLE

SCHEDULE OF RATES

IN INR

CLIENT

PROJECT

BIDDER NAME

JOB NO





PART NO

OVERALL

REBATE

0.00 0.00

FINAL AMOUNT 0.00

Page 3 of 3

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SCHEDULE OF RATES/PRICES (FORM SP-1)

(DETAILED DESCRIPTION)

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The drawing, design and details given in this format are the property of ENGINEERS INDIA LIMITED. They are merely loaned on the borrower's express agreement that they will not be reproduced, copied, exhibited or used, except in thelimited way permitted by a written consent given by the lender to the borrower for the intended use. EIL 1641-1915, Revision 1.A4 297 x 210.

ENGINEERS INDIA LTD

Date Bidder'sSignature

Bidder'sStamp Div.:

UG Works

Schedule of Ratesfor

Client : INDIAN STRATEGIC PETROLEUM REProject : STRATEGIC STORAGE OF CRUDE OI

TenderName

DRILLING WORKS

REV DATE PURPOSE BY CHECKED APPROVED

SUB SURFACEDept.: 1SHEET OF

16936-000-67-41-CQ-SOR-7200-0

SCHEDULE OF RATES Rev

1

0

UPDATED & ISSUED FOR BIDS

ISSUED FOR BIDS

6936-000-67-41-CQ-T-7200Tender No. 0Part

2

of 413

The drawing, design and details given in this format are the property of ENGINEERS INDIA LIMITED. They are merely loaned on the borrower's express agreement that they will not be reproduced, copied, exhibited orused, except in the limited way permitted by a written consent given by the lender to the borrower for the intended use. EIL 1641-1915, Revision 1.A4 297 x 210.

ENGINEERS INDIA LTDSCHEDULE OF RATES Rev

Date Bidder'sSignature

Bidder'sStamp Div.: Dept.:

6936-000-67-41-CQ-SOR-7200-0

Client : INDIAN STRATEGIC PETROLEUM REProject : STRATEGIC STORAGE OF CRUDE OI

2SHEET OF

Rate in RupeesFigures Words

Amount in Rs.QuantityUnitDescription of ItemsItem NoS. No.

1SUB SURFACE 2

SUB SURFACE

Miscellaneous

Miscellaneous

Destructive drilling in laterite/soil overburden

Destructive drilling with air down to elevation +0.0MSL asspecified

Drilling with clear water and temporary casing loweringthrough water curtain tunnels as specified

Drilling with clear water without casing as specified

Core drilling as specified

Supply and installation of cemented permanent metalcasing with corrosion protective paints in exposed portion.

Conducting Water pressure/ injection fall off Tests asspecified.

Conducting Falling head test as specified

Backfilling of hole with cement grout as specified

Protection of borehole with metal cover, gravel andconcrete.

Supply and installation of perforated PVC pipes

Bore hole completion with gravel packing as specified.

Deviation measurements

Preparation of Report as specified.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

U000.00.00

U999.00.00

U999.99.00

U999.99.99V02

U999.99.99V03

U999.99.99V04

U999.99.99V05

U999.99.99V06

U999.99.99V07

U999.99.99V08

U999.99.99V09

U999.99.99V10

U999.99.99V11

U999.99.99V12

U999.99.99V13

U999.99.99V14

U999.99.99V15

M

M

M

M

M

M

NOS

NOS

M

NOS

M

M

NOS

LS

300

1000

300

1500

500

300

30

10

200

15

300

200

15

1

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FORM SP-2

DETAILS OF EXCISE DUTY, SALES TAX/VAT AND SERVICE TAX INCLUDED IN QUOTED PRICE

Sl. No.

Duty/Tax Amount on which tax/ duty is applicable (In

Rupees)

Rate of Duty /Tax (In Percentage)

Amount of tax/duty included in Quoted price

(In Rupees)

(a) (b) (c) (d) [e=(c) x (d)]

1 Cenvatable Excise Duty

2

CST without any concessional form

3 Vatable VAT without any concessional form

4 Cenvatable Service tax on services

Notes:

1. Bidder shall furnish details of excise duty, sales tax/VAT as per above only for the finished

goods and Service tax for services used for permanent incorporation in the works.

2. Total Cenvatable Excise Duty (if any), Vatable VAT (if any) and Cenvatable Service

tax indicated above at Sl.No. 1, 3 & 4 shall be deducted from the Total Quoted price

for the purpose of evaluation and award of work.

3. Bidder shall furnish this FORM duly filled in all respects alongwith his Price Part. However,

bidder is required to furnish this FORM indicating only the Rate of Duty/Tax in % (percent

as per Column (d) along with his Un-priced Part of Bid.

4. In case of any discrepancy between the amount calculated based on Sl.No. (d) & amount

indicated against Sl.No. (e), the amount at Sl. No. (e) shall be corrected based on %

shown against Sl. No. (d).

5. Contractor shall furnish proper tax invoices as per statutes for the finished goods used for

incorporation in the works.

6. In case of change in Quantity of relevant finished goods used for incorporation in the works

during execution, the ceiling amount indicated above on which Excise Duty/ Sales

Tax/VAT is applicable shall also subject to change proportionately.

7. Statutory variations, only within contractual completion period, in excise duty, sales tax and

service tax shall be to Owner’s account, against submission of documentary evidence for

substantiating the variation by way of relevant notification and the same shall be applicable

based on ceiling amounts indicated above under column (c).

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8. Cenvatable Excise Duty Component, Vatable VAT (if any) and Cenvatable Service

tax mentioned in this FORM shall be considered as mandatory discount and shall be

adjusted from all R.A. Bills on prorata basis. The Cenvatable Excise Duty, Vatable

VAT (if any) and Cenvatable Service tax shall be reimbursed to the Contractor upon

submission of documentary evidence to enable Owner to claim Cenvat Credit

subject to the ceiling mentioned in this FORM. The Cenvat credit can be availed only

on the goods and services provided by the CONTRACTOR which are eligible for

cenvat credit as per Act. CONTRACTOR shall take a note of this and submit their

offer accordingly. In case Contractor does not furnish such requisite documents

enabling the Owner to claim CENVAT benefit then such amount shall not be

reimbursed to the Contractor irrespective of whether the Contractor has paid such

amount to the Tax Authorities.


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Cover page (Technical)

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SPECIFICATION FOR

DRILLING WORKS IN CRUDE STORAGE FACILITIES AT MANGALORE

SPECIFICATION No.

6936-67-0020 Rev. 0

Page 1 of 7

SPECIFICATION FOR

DRILLING WORKS IN CRUDE STORAGE

FACILITIES AT MANGALORE

0 12.06.2015 Issued for BID GK SP AN

Rev. No

Date Purpose Prepared

by Checked

by Approved

by

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SPECIFICATION FOR


SPECIFICATION No.

6936-67-0020 Rev. 0

Page 2 of 7

CONTENTS 1. GENERAL ......................................................................................................................... 3 1.1 Scope of Work.................................................................................................................. 3 1.2 Requirements................................................................................................................... 3 2. DESCRIPTION .................................................................................................................. 3 2.1. Definition ......................................................................................................................... 3 2.2. Drilling Detail ................................................................................................................. 4 3. CONSTRUCTION METHODS .............................................................................................5 3.1. Drilling and Flushing .....................................................................................................5 3.2. Borehole Survey................................................................................................................5 3.3. Borehole completion and equipment ............................................................................. 5 4. TESTING ............................................................................................................................ 6 4.1. Systematic testing during drilling .......................................................................................6 4.2. Water Tests........................................................................................................................6 5. GROUTING/ BACKFILLING OF HOLES.............................................................................6 6. REPORTING ...................................................................................................................... 6 7. BID SUBMISSION................................................................................................................6. APPENDIX

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SPECIFICATION FOR


SPECIFICATION No.

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Page 3 of 7

1. GENERAL The work area is ISPRL crude oil storage cavern site at Mangalore, Karnataka in India. The main purpose of the drill holes is to supplement water curtains to provide an artificial water recharge in the rock mass in order to enhance flow patterns and to maintain a high hydraulic potential in the storage cavern vicinity. This water curtain will be vertical and located parallel to the caverns. Vertical water curtains aims at: - Avoiding the risk of rock de-saturation around the caverns (specifically between the caverns and the water curtain), - Avoiding interferences between different units (Unit A and Unit B) - Enhancing hydrogeological conditions around the storage so as to reach the required Working Pressure at any time, allowing independent operation of individual storage units. 1.1 Scope of Work:

a) Approximately 20 holes of depth varying between approximately 50 to 160m. b) Drilling of holes. c) Monitoring during drilling d) Deviation Survey e) Casing and cementation f) Grouting/ backfilling g) Completion with slotted pipe and gravel packing for monitoring h) Arrangement for water tests. i) Arrangement for water supply to holes j) Protective cover. k) Preparation and submission of reports

1.2 Requirements:

1) Preconstruction works consisting of all necessary platforms and accesses, air compressors, water pumps, water tanks, fabrication and any other requirements required to complete the WORK.

2) Site grading of area, clearing of the shrubs, vegetation etc; construction of access path and crossing of equipments over existing pipelines etc through small weighbridge like structure. Mobilization and demobilization of personnel and equipment for surveying, drilling, deviation measurements, casing, completion, grouting, water testing, and monitoring during drilling.

3) Supply of all materials required for drilling, completion and grouting 4) Surveys, alignment and measurement 5) Arrangement and installation of all pipes, fittings, pressure gauges, packers, flow meters,

other instruments for hydro-geological assessment. 6) Logging of each hole and development of data base during construction. 7) Installation and retrieval of temporary casing as required. 8) Installation and cementation of permanent casing 9) All grouting works for completion and correction, if required.

2. DESCRIPTION 2.1. Definition The proposed water curtain consists of a series of boreholes of following kinds to be drilled from surface:

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SPECIFICATION FOR


SPECIFICATION No.

6936-67-0020 Rev. 0

Page 4 of 7

A. Shallow holes for water recharging: Few boreholes to cross specific rock joints to

counterbalance the effects of a locally unfavourable flow pattern. They will terminate above or away from water curtain gallery. They will be provided with surface arrangement for water supply to the holes.

B. Shallow hole for monitoring: They will be same as Type A but to be completed to serve purpose of monitoring.

C. Deep holes with recharge from water curtain gallery: A series of boreholes at specified spacing drilled from surface, passing through water in the small section gallery named the Water Curtain Gallery (-10 to -16.5 MSL) and extending down to depth below cavern invert. After completion, they will be recharged with water from water curtain gallery and no separate water supply line will be required.

D. Deep holes with recharge from supply lines at surface : The holes will be drilled from surface down to depth below cavern invert without intersecting the water curtain gallery. They will be provided with surface arrangement for water supply to the holes.

2.2. Drilling Detail 2.2.1 Shallow holes (Type A & B) : These destructive holes will be of length of~ 50 m. The boreholes shall have a minimum final diameter of about 100 mm and shall be drilled vertically from the surface + 40 to +60 MSL corresponding to 50 m above the crown of the water curtain gallery (-10MSL). The holes should be drilled to intersect the particular geological feature and would terminate above or away from water curtain gallery level. The upper part of all boreholes will be cased to support the top soil and weathered rock. The minimum free inner diameter of cased hole has to be 125 mm. Unless specified otherwise casing stickup will be at least 50 cm measured vertically above ground level. The well head of recharging holes (Type A) will have an arrangement to receive water supply. Some of these holes may be used for monitoring (Type B) and need completion with gravel pack and slotted inner tube. The number of boreholes will be specified by the OWNER and drawings. However, the results of hydrogeological tests may lead the OWNER to amend the final number of the subsequent water curtain boreholes. Refer enclosed sketch for other details. 2.2.2. Deep holes passing (Type C & D): The destructive holes will be drilled to supplement the existing vertical curtain and holes will be placed to be drilled with minimum interference with existing water curtain boreholes. They shall be drilled vertically from surface. These holes will have length of 125 m to 160m. The boreholes shall have a minimum final diameter of about 76 mm. Some of the holes (Type C) will intersect water filled water curtain gallery and continued vertically downwards from water curtain gallery inverts. The holes should extend down to -80MSL which is about 15 m below cavern invert elevation (lowest invert). The initial part of the hole has to be permanently cased hole to protect in soil and weathered rock portion. The minimum free inner diameter of the permanent casing shall be 150mm. Through this permanent

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SPECIFICATION FOR


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Page 5 of 7

casing the hole has to be drilled along with retrievable temporary casing through water curtain gallery down to about half metre below invert of water curtain galley (~ -16.5 MSL) in order to prevent sludge from being carried into the water curtain gallery during drilling. The minimum free inner diameter of temporary casing has to be 125 mm. Below this the hole has to extended down to depth below invert of cavern (~ -80 MSL). The boreholes shall have a minimum final diameter of about 76 mm. And at end of drilling the temporary casing have to be retrieved as these holes need to be supplied by water from water curtain gallery itself. They will be isolated from surface. Some of the holes or some segments in the hole below the water curtain level could be cored and the core samples shall be preserved for further geological studies. All coring shall be by double tube wire line. Some of these holes (Type D) may have to be drilled directly from surface down to depth below cavern invert (~ -80MSL) without penetrating the water curtain gallery. The initial part of the hole has to be permanently cased hole to protect in soil and weathered rock portion. The minimum free inner diameter of the permanent casing shall be 125mm. Through this permanent casing the hole has to be drilled to depth below invert of cavern (~ -80 MSL). The boreholes shall have a minimum final diameter of about 76 mm. In such cases the well head will have an arrangement to receive water supply. Some of the holes or some segments in the hole below the water curtain level could be cored and the core samples shall be preserved for further geological studies. All coring shall be by double tube wire line. The number of boreholes will be specified by the OWNER. However, the results of hydrogeological tests may lead the OWNER to amend the final number of the boreholes. Refer enclosed sketch for other details. 3. CONSTRUCTION METHODS 3.1. Drilling and flushing Boreholes shall be drilled by method capable of drilling up to 160 m. Equipment shall be made as to drill straight boreholes with minimum deviations. Any borehole that penetrates a buffer zone of 10 m around the cavern walls and roof will be rejected and backfilled with cement grout. Drilling (including destructive) with compressed air has to be limited down to depth of EL +0.0M. Below this depth drilling shall be performed with clear water only. On completion of drilling of each individual borehole, it shall be thoroughly flushed clear to remove mud and cuttings. Flushing operation must be carried out with fresh water, air flushing is strictly forbidden. 3.2. Borehole survey It is required to perform a deviation survey of the deeper holes (Type C & D) planned. The hole has to be checked to control deviation throughout the drilling. For Type C holes, the first objective is to be intersecting the water curtain within depth corresponding to elevation -10 to -16 MSL. Deviation below water curtain gallery invert should remain within the tolerances for minimum interference with existing boreholes and avoid going vicinity to caverns. For type D holes the objective will be to reach target depth with minimum interference of existing water curtain and avoid going in vicinity of caverns.

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The deviation of the drill holes shall be surveyed using a borehole survey instrument subject to approval to the Owner before starting survey deviation. The final readings shall be obtained at bottom of the drill hole and submitted to owner. If the results of the survey in a borehole show that deviations are out of tolerances, CONTRACTOR shall revise the drilling method, grout the borehole and replace it by a new one. The tolerance limit shall be less than 3% (radius) at any depth and less than 2% at the end of the hole. If the deviation exceeds the above tolerance limit, it shall be replaced by new hole near by and the old hole shall be completely backfilled with cement to OWNERs satisfaction at the contractor’s cost. . 3.3. Borehole completion and equipment 3.3.1. Boreholes with surface arrangement for recharging (Type A &D): These boreholes will be equipped with a vertical sealed casing in steel (Min free inner diameter: 125 mm). The casing will extend down to fresh rock. The well heads will have an arrangement to receive water supply. The casing stickup will be at least 50 cm measured vertically above ground level and will be fitted with a flange designed for fitting with water supply line. (See Sketch). The exposed part of casing should be coated with corrosion protection paint. 3.3.2 Holes for monitoring purpose (Type B): These boreholes will be equipped with a vertical sealed casing in steel (Min free inner diameter: 125 mm). The casing will extend down to fresh rock The casing stickup will be at least 50 cm measured vertically above ground level. The exposed part of casing shall have coating of corrosion protection paint and metal cover with lock and key arrangement. These holes for monitoring purpose should be completed with slotted PVC tube of 60 mm diameter and gravel packing. The wellhead should have protective cover with lock and key arrangement (See Sketch). 3.3.3. Deeper boreholes with recharge from water curtain gallery (Type C): All boreholes will be equipped with a sealed casing in steel (Min inner diameter: 150mm). The casing will extend down to fresh rock. The holes need to be isolated from surface with use of metal plates and concrete plugs etc. The holes drilled from access roads should have to be protected to allow vehicle movements above them. 4. TESTING All testing shall be performed by the CONTRACTOR under the supervision of the OWNER. 4.1. Systematic testing during drilling The drilling rate and nature of sludge should be monitored and recorded along with depth. The deviation of deep holes (Type C & D) has to be continuously monitored. During the drilling of each individual hole, flow rate measurements are to be performed every 10 m to check for water loss inflow etc. Results shall be submitted to OWNER upon completion of the drilling activities for each individual borehole. 4.2 Water tests Some of completed boreholes shall undergo a water test carried out by the CONTRACTOR under the supervision of the OWNER. Unless specified otherwise, the shallow holes shall be tested by falling head method wherein the hole is filled with water and depth of head is measured with

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SPECIFICATION FOR


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time. However, injection fall off tests will be required in deep holes and water pressure tests shall be required for certain depth intervals. Arrangement of water injection pumps, water tanks, pressure gauges, flowmeters and single and double isolation packer has to be readily available at site. The packers shall be hydraulically inflatable packer and shall be capable of testing any depth segments upto 160m depth. 5. GROUTING / BACKFILLING OF HOLES

The CONTRACTOR shall have necessary arrangement grout any of the deep holes If the results of the survey in a borehole show that deviations are out of tolerance limit. Some of the existing holes also may be required to be sealed by cement backfilling from surface. 6. REPORTING The drilling reports including drilling rates, return sludge and flow checks, and deviation reports shall be submitted to OWNER immediately after drilling. The completion details of holes shall be submitted separately with detail of casing depth, completion etc. 7. BID SUBMISSION The BIDDER should submit his proposed methodology and equipment plan to carry out the work as per specification and time schedule. The bidder should also furnish the details of the following like Make, Ownership details, etc

1. Destructive Drilling equipment with air 2. Destructive drilling equipment with clear water (water hammer) 3. Double tube wireline core drilling 4. Hydraulic packers - Single and Double. 5. Methodology for deviation measurement, water pressure tests & backfilling of hole with

cement.

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