313.4 3735 374 314. 315 3154 38.0 38.1 38.2 38,3 33.4 385 38.6 39.0 390.1 ‘The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities for transportation of the Plant and Equipment and the Construction Equipment to the Site. The Owner shall use its best endeavours to assist the Contractor in obtaining such approvals, if requested by the Contractor. The Contractor shall indemnify and hold harmless the Owner from and against any claim for damage to roads, bridges or any other traffic facilities that may be caused by the transport of the Plant and Equipment, the Construction Equipment and the materials to the Site, ‘The Mobilization/demobilization of the Plant and Equipment shall be in accordance with GCC Sub- Clause 40.5, ‘Customs Clearance The Contractor shall, at his own expense, handle all imported Plant and Equipment, Construction Equipment and the materials at the point(s) of import and shall handle any formalities for customs ‘clearance, provided that if applicable laws or regulations require any application or act to be made by fr in the name of the Owner, the Owner shall take all necessary steps to comply with such laws or regulations. Limitation of Liabilities xcept in the case of criminal neglect or willful misconduct: The Contractor shall not be liable to the Owner, whether in Contract, tort, or otherwise, for any indirect or consequential loss or damage, provided that this exclusion shall not apply to any obligation of the Contractor to pay liquidated damages to the Owner in accordance with GCC. Sub-Clause 19.4, and b. The aggregate lability of the Contractor to the Owner under the Contract shall not exceed the Contract Price (including taxes & duties) provided that the limitation shall not apply to any obligation of the Contractor to repair of replace defective Equipment or to indemnify the Owner with respect to patent infringement. QUALITY ASSURANCE/QUALITY CONTROL The Contractor shall prepare a detailed quality assurance plan for the execution of Contract for various Works/Facilities, which will be mutually discussed and agreed to. ‘The Contractor shall establish document and maintain an effective quality assurance system outlined in recognized codes. Quality Assurance System Plans / Procedures of the Contractor shall be furnished in the form of a QA manual. This document should cover detail of the personnel responsible for the Quality Assurance, plans or procedures to be followed for quality control in respect of said Contract and subsequent enovation and refuraishment as specified in the Technical Specification. The quality assurance system should indicate organizational approach for quality assurance and quality control of the renovation and refurbishment activities, at all stages at the relevant places. ‘The Owner, while agreeing to a quality assurance plan shall mark the stages where they would like to witness the tests; review any or all stages of Work/Facilities at Site as deemed necessary. ‘The Contractor shall follow strictly all QA/QC plans and procedures 2s Approved by Owner for the subject Works/Facilities. Non-compliance of any such regulation will lead to non-acceptance of the Works/Facilities and levying of penalty on the Contractor, Compliance with the quality assurance system shall not relive the Contractor of any of his duties, obligations or responsibilities under the Contract. PACKING, FORWARDING AND SHIPMENT Foreign Supplier Version dated PEBTIOTS Page 3039.14 3912 39.1.3 39.1.4 391.5 39.1.6 39.2 39.2.1 39.22 39.2.3 39.2.4 The Contractor, shall after proper painting, pack and crate all equipment in a manner suitable for ‘ocean transportation to a tropical, hot climatic region in accordance with the intemationally accepted export practices and in such a manner so as to protect It from damage and deterioration in lyansit by road, rail and/or sea and during storage at the Site Uill the time of erection, The Contractor shall be held responsible for all damages due to improper painting, packing and crating, If the Contractor has exercised his option to ship the equipment in Containers, then the Contractor shall use Liner's Containers. However, in case the Contractor chooses to use his own Containers for such shipment, then the Owner shall neither be responsible nor be liable to bear customs duty levied (on import of such Containers and it is expressly understood and agreed that customs duty levied on such Containers shall be borne by the Contractor himself. The Contractor shall notify the Owner of the date of each shipment from the port of embarkation as well as the expected date of arrival of such shipment at the designated port of arrival The Contractor shall give complete shipping information to Owner concerning the weight, size, content of each package including any other information which the Owner may require. The Contractor shall prepare detailed packing list of all packages and containers, bundles, materials forming each and every consignment despatched to Site. The Contractor shall further be responsible for making all necessary arrangement for loading, unloading and other handling right from his works to and at the Site and also till the equipment's are erected, tested and commissianed. He shall be solely responsible for proper storage, preservation/conservation and safe custody of all equipment’s Uill such time the equipment’s are taken over by the Owner. The following documents shall be airmailedifaxed/sent by courier to the Owner within three (3) days from the date of shipment. Full set of bills of Lading/Airway Bills = 3 set original Commercial Invoice 1 set of original + 3 set of copies of Invoice Certificate of Country of Origin ; 3 copies Test Certificates 3 copies Packing list| 3 copies Material despatch clearance certificate (MDC) issued by the Owner Prior to effective despatch 2 copies Marine Insurance Policy 1 Original Indian Suppliers Contractors shall after proper painting, pack, and crate all equipment in such a manner as to protect them from deterioration and damage during rail and road transportation to the Site and Storage at Site till the time of erection. The Contractor shall be held responsible for all damages due to improper painting, packing and crating. The Contractor shall notify the Owner of the date of despatch of every consignment from its works and the expected date of arrival at the Site. The Contractor shall also give all despatch information to Owner concerning the weight, size and content of each package including any other information which the Owner may require. The following documents shall be sent by courier / fax to the Owner within three (3) Days from the date of despatch of each consignment: (Invoices = 1 set of original + 2 sets of copies (i) LRIGRIRR 3 copies (il) Packing List 3.copies (iv) Test Certificates, wherever applicable :- 3 copies (v) Material despatch Clearance Certificate (MDCC) issued :- 3 copies by Owner prior to effective despatch Version dated PEBTIOTS Paget39.28 39.2.6 40.0 404 4014 4oa4 Consignee: The Consignee details shall be as specified in $CC/Contract. uipment's shall be dispatched by truck or trailer or rail to the Project Site on door The Material delivery basis. INSTALLATION Setting Out/Supervision/Labour Bench Mark: The Contractor shall be responsible for the true and proper setting-out of the Works/Facilities in relation to bench marks, reference marks and lines provided to the Contractor in writing by or on behalf of the Owner. If, at any time during the progress of renovation or refurbishment of the Works/Facilities, any error shall appear in the position, level or alignment of the Works/Facilities, the Contractor shall forthwith notify the Project Manager of such error and, at its ‘own expense, immediately rectify such error to the satisfaction of the Project Manager. Contractor's Supervision; The Contractor shall give or provide all necessary superintendence during the execution of the Works/Facilities, and the Construction Manager or its deputy shall be constantly ‘on the Site to provide full-time superintendence of the construction. The Contractor shall provide ‘and employ only technical personnel who are skilled and experienced in thelr respective callings and ‘supervisory staff who are competent to supervise the work at hand. 40.2 Labour and Labour Laws: (2) Recruitment of Local: Local labourers shall be engaged for unskilled work to the maximum extent possible, Preference may also be given for appointment of local labourers in semi-skilled and skilled categories, if such suitable labourers are available. (©) Labour Laws and Local Regulations: The Contractor shall abide by the prevailing labour laws and shall have to obtain a labour license from the appropriate authority as per the law at its ‘wn cost and shall indemnify the Owner against any financial and other obligation in connection with labourers employed by the Contractor, On obtaining the labour license, the Contractor, shall submit a certified photocopy of the same to the Owner. (¢)_ The Contractor shall pay wages and observe hours and conditions of labour not less favourable than those established for the trade or industry in the district where the work is carried out. In the absence of any wages, hours or conditions of labour so established, the Contractor shall pay wages and observe hours and conditions of labour which are not less favourable than the general level af wages and hours and conditions observed by other Contractors whose general circumstances in the trade or industry in which he is engaged are similar (@) Contractor to furnish details of labour employed: The Contractor shall, deliver to the Owner or to its officer in writing in such form and at such intervals as the Owner may prescribe, showing in detail classes of labour employed and the number employed within each class by the Contractor from time to time on the Site and such information in respect of construction machinery as the Owner may require. The Contractor shall maintain attendance register for all its emplayees/labourers and shall submit @ copy of the same to the Owner for its record. (@} The Contractor shall make its own arrangements for the engagement of all labour and provide fon the Site in so far as the Contract otherwise provides, for the transport, housing, feeding and payment thereof, The Contractor shall, so far as is reasonably practical, having regard to local conditions, provided on the Site, to the satisfaction of the Owner an adequate supply of drinking and other water for the use of its staff anc labour. (The Contractor shall regularly deposit the Provident Fund amount of all its eligible ‘employees/labourers and shall submit the challan to Owner for its record. In case, if the Contractor fails to deposit the same to PF authorities, the Owner may make such payments and shall recover the same from the Contractor’ Bills, Pager?(@)_ Other Requirements: i. The Contractor shall not, other than in accordance with the statutes, ordinances and Government regulation of orders currently in force, import, sel, give, barter or otherwise dispose of any alcoholic liquor, or drugs, or permit or Suffer any such imporcation, sale, Gift, barter or disposal by its Sub-contractor(s), agents or employees. ii, The Contractor shall not give, barter or otherwise dispose of to any person or persons any arms or ammunition of any kind or permit the same as aforesaid. ji, The Contractor shall in all dealings with labour in its employment have a due regard for all recognised festivals, days of rest and religious or other customs and shall abide with all applicable laws. iv, In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply with any regulations, orders and requirements as may be made by the Government, or the local municipal or sanitary authorities for the purpose of dealing with and overcoming the same, v. The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst its employees. vi, The Contractor shall be responsible for observance by its Sub-contractor(s) of the foregaing provisions. vii, The hours of work on the Site shall be decided by the Owner and the Contractor shall adhere tot vill, Contractor's employees shall wear identification badge while on work at Site, x. In case the Owner becomes liable to pay any wages or dues to the labour or any Government agency under any of the provisions of the Minimum Wages Act, Workmen Compensation Act. Contact Labour Regulation Abolition Act or any other law due to act of omission of the Contractor, the Owner may make such payments and shall recover the same from the Contractors Bills, 40.3 Construction Equipment 403.1 403.2 4033 403.4 Construction Equipment brought by the Contractor onto the Site shall be deemed to be intended to be used exclusively for the execution of the Contract. The Contractor shall not remove the same from the Site without the Project Manager's written permission that subject equipment is no longer required for the execution of the Contract, The Construction Equipment like cranes brought at Site shall have a valid health certificate and/or such other certificates as may be required from the ‘elovant statutory authority, Unless otherwise specified in the Contract, upon Completion of the Works/Facilities, the Contractor shall remove the temporary site installations by the Contractor onto the Site and any surplus materials remaining thereon. The Owner will if requested, use its best endeavours to assist the Contractor in obtaining any local state or national government permission required by the Contractor for the export of the renovation, ‘or refurbishment equipment(if any) imported by the Contractor for use in the execution of the Contract that is no longer required for the execution of the Contract, ‘The Contractor shall be responsible for the safe keeping of the Construction Equipment. The Contractor shall obtain, maintain and keep in force adequate insurance coverage for the Construction Equipment. 40.4 Site Regulations and Safety 40.4 ‘The Owner and the Contractor shall establish Site regulations setting out the rules to be observed in the execution of the Contract at the Site and shal comply therewith. The Contractor shall prepare land submit to the Owner, with a copy to the Project Manager, proposed Site regulations for the ‘Owner's approval, which shall not be unreasonably withheld. Such Site regulations shall include, but Version dated PEBTIOTS Pagesshall not be limited to, rules in respect of security, safety of the Works/Facilities, gate control, sanitation, medical care, and fire prevention. Subsequent to the above, the Contractor shall strictly comply with the standard safety norms, rules and regulations during the execution of the Contract. 40.5 Mobilization/Demobilisation 405. 405.2 405.3 405.4 40.4.5 405.6 a a2 m3 420 424 42.2 42.3 The Contractor shall be responsible for all Construction Equipment. The Construction Equipment brought on to the Site shall be deemed to be exclusively Intended for the execution of the Works/Facilities. The Construction Equipment as well as the manpower required for completing the Works/Facilities within the stipulated schedule shall be Mobilised! Demobilised at Site by the ‘Contractor at no additional cost to the Owner. The Contractor shall take prior approval of the Project Manager before commencing any Mobilisation/demobilisation activities at the Site. ‘The Contractor shall mobilize at the Site immediately within 15 (fifteen) Days on issuance of the Letter of Acceptance, or handing aver of Site by Owner or otherwise as specifically specified in the Contract with all necessary consumable materials, equipment, rigs, machinery, personnel, etc. and all works shall be carried out as assigned in the Technical Specifications. ‘The Contractor shall not be entitled to any cost, compensation or damages on account of any delay caused directly or indirectly as a result of the works being carried out by any other Contractor or agencies in or around the Site, ‘The Contractor shall be deemed to have been satisfied as to the suitability and availability of access routes to the Site before the Effective Date. The Contractor shall use reasonable efforts to prevent any road or bridge from being damaged by the Contractor’ traffic or by the Contractor's personnel. ‘These efforts shall include the proper use of appropriate vehicles and routes. The Contractor shall indemnity and hold the Owner harmless against and from all damages, costs, ‘expenses and claims (including legal fees and expenses) resulting from the use, Mobilisation and/or demobilisation of the equipment. Deputation of Contractor's Safety In charge (qualified) at the Site shall be a prerequisite for claiming the mobilisation advance. The Contractor's Safety In charge shall be responsible for maintaining the safety, and protection against damages, accidents of all personnel on the Site. This person shall be {qualified for his Work and shall have the authority to issue instructions and take protective measures to prevent accidents. The Contractor shall send, to the Owner's Representative, details of any accident as soon as possible after its occurrence as well as notify the concerned Govemment ‘authorities and attend to affected persons with due care and attention promptly and immediately at its own cost MATERIALS AND WORKMANSHIP All Work/Facilities to be supplied and all works to be done by the Contractor under the Contract shall bbe manufactured and executed in the manner stipulated in the Specifications/Contract. The Contractor shall use the best available materials for the Works/Facilities. These materials shall be new, free from liens of any nature, Defects, imperfections and unused and in such working condition as required under the Technical Specifications. ‘The highest standards of safety shall be adhered to during execution of the Works/Facilties. SPARE PARTS All the spares for the equipment under the Contract will strictly confirm to the Technical Specifications and documents and will be identical to the corresponding main equipmenticomponents supplied under the Contract and shall be fully interchangeable. The Contractor will provide the Owner with typical! identification drawings, catalogues, assembly drawings and any other document reasonably required by the Owner so as to enable the Owner to identify the spares. Such details will be furnished to the Owner as soon as possible. The Contractor will provide the Owner with all the addresses and particulars of its Sub-vendors/Sub: contractors while placing the order on vendors for items/components/ equipment identified under Vermin dated FEOTIONS Page te42.4 425 42.6 427 42.8 42.9 43.0 43a 43.2 44.0 44. 442 443 the Contract. The Contractor will take no action to prevent such vendors from accepting orders for spares directly from the Owner, In addition to the spares identified in the Contract, if the Owner further identifies certain particular items of spares, the Contractor will submit the prices and delivery quotation for such spares within 30 Days of receipt of such request with a validity period of 6 months for consideration by the Owner and placement of order for additional spares if Owner so desires, The Contractor shall guarantee the long term availability of spares to the Owner for the full life of the equipment covered under the Contract. The Contractor shall guarantee that before going out of production of spare parts of the equipment covered under the Contract, the Contractor shall give ie Owner at least twelve (12) months advance notice so that the Owner may order its bulk Fequirement of spares, if the Owner so desires. The Contractor shall ensure that a similar provision is applicable to its Contracts with its Sub-contractors. Also, the Contractor/ Sub-contractors will provide the Owner full manufacturing drawings, material specifications and technical information required by the Owner for the purpose of manufacture of such items for its own use or to procure such spares from alternate source. Further in case of discontinuance of supply of spares by the Contractor or its Sub-contractors, the Contractor will provide the Owner with full information for replacement of such spares with other equivalent make if so required by the Owner. The quality plan and the inspection requirement finalized for the main Work/Facilities will also be applicable to the corresponding spares, Spares covered under the Contract shall be produced and the delivery of the spares shall be effected along with the main Work/Facilities in a phased manner and the delivery shall be completed by the respective dates far the various categories of WorkiFacilties as per the agreed schedule, In case the Contractor fails to supply the mandatory or recommended spares in the terms stipulated above, the Owner shall be entitled to purchase the same from the alternate sources at the risk and cost of the Contractor and recover fram the Contractor, the excess amount paid by the Owner. COMMISSIONING SPARES It will be the responsibility of the Contractor to provide all Commissioning spares including consumable ‘spares like indicating lightstamps, diodes, fuses recorder charts, ink padsipens etc. required up to Commissioning. All Commissioning spares shall be deemed to be included in the scope of the Contract, at no extra costto the Owner. ‘Those spares will be received and stored by the Contractor at least 1 month prior to the schedule date of commencement of trial operation of the respective equipment and utilised as and when required. The unutilised spares and replaced parts, if any, shall be the property of the Contractor and ‘the Contractor shall be allowed to take these parts back at its own cast with the prior permission of ‘Owner, TESTS AND INSPECTION The Contractor shall at its own expense carry out at the place of manufacture and/or_on the Site all such tests and/or inspections of the Plant and Equipment and any part of the Works/Facilities as are specified in the Contract. The Owner shall be entitled to attend the aforesaid test and/or inspection, provided that the Owner shall bear all costs and expenses incurred by the Owner in connection with such attendance including, but not limited to, ll travelling, boarding and lodging expenses. Whenever the Contractor is ready to carry out any such test and/or inspection, the Contractor shall give fifteen (15) Days advance notice of such test and/or inspection and of the place and time Thereof to the Project Manager. The Contractor shall obtain from any relevant third party any necessary permission or consent to enable the Owner to attend the test and/or inspection Version dated PEBTIOTS Pagers