NUBERG EPC PROJECT : REPLACEMENT OF 05 COLUMNS ANNEXURE - 1 (CIVIL WORK) Client: OIL & NATURAL GAS CORPORATION LTD Location: URAN, MUMBAI Page 1 of 42Scope of Work Time Schedule General Conditions of contract Special Conditions of Contract Page 2 of 42SECTION- I SCOPE OF WORK GENERAL: ‘The scope of work includes all works as per BOQ along with all the enabling and allied works Tequired to complete the assignment. SITE CONDITION The job needs to be carried out in the ONGC premises which is procedures to be adopted for working all the time, during hot works; precaution has to be taken to prevent any incidents, Also since the premises are occupied and working , all the ly secured area. Safe works, hot or cold work permission has to be obtained for working on a daily basis. Full time Safety Supervisor to be provided at work spot and job shall be carried out only after ied Engineer and Site Supervisor who is complying with all safety norms. A full Time Qual technically competent and having sufficient Site experience to be posted for supervising and carrying out all the Jobs as per the Scope. ‘The contractor shall arrange all equipment, tools, required for execution, testing & completion of the job. After the job is completed, 4 copies of all the above drawings (As built) shall be submitted along with CD containing soft copy in AutoCAD latest version. NOTES: 1. Any cables / piping encountered during excavation and other any construction activities as specified above, the same shall be separated using Sand Bed and Tiles or to be re-routed, if necessary as directed by the Engineer in charge at no extra cost. 2, Site grading, Leveling and RCC Block for Porta Cabin (2Nos.) supports shall be in contractor scope at no extra cost. 3, The contractor shall prepare a detailed date wise schedule of work/Bar Chart of the activities as per PO delivery schedule and submit to Engineer-In-Charge for approval before commencement of activities. 4, The Contractor has to give progress report with Photographs along with Aerial photos ig drone every week in hard copy as well as softcopy. ied out such that it will not obstruct operation us 5, Contractor need to ensure that all work cai of existing facilities. Page 3 of 42 wy6. Contractor need to ensure proper drainage and no water logging in his area/other areas. Scope also includes shifting of any scrap materials lying at the constructional area tothe designated place inside the depot premises at no extra cost. Job also includes site clearing from any debris, vegetation, bushes and trees, etc. and make the site free for construction at no extra cost. SECTION - II TIMESCHEDULE NOTE: Time is the essence for this contract. The completion period includes monsoon. 1) Time for completion shall be reckoned from the date of issue of Letter of Intent/Purchase Order 2) Time for completion shall \clude the time required for mobilization /demobilization, carrying out the works as per requirements of Contract Document and instructions of Client's Engineer-in- Charge. Page 4 of 42SECTION - lit GENERAL CONDITIONS OF CONTRACT 1. Definitions &Terms:- 1.1, In the General Conditions of Contract the following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires: 1.2. “Contract” means written agreement between the Owner & the Contractor. “Clause” means a clause as mentioned in the General Conditions of Contract. “Owner/ client” means M/s. Nuberg Ltd, New Delhi “Consultant” means M/s. Process System Engineers Pvt. Ltd., Mumbai “Contractor” means the person or persons, firm or company entering into the contract with the Owner and includes the Contractor's legal representatives, assigns and successors. ‘The terms the Owner, the Consultant and the Contractor are treated throughout the Contract Document as if each were of the singular number and masculine gender. “Sub-Contractor” means the person or persons, firm or company having a direct contract with the Contractor and includes one who furnishes material work to a special design according to the plans or specifications of this work but does not include one who merely furnishes material not so worked. “PMC” means clients representative/ person appointed for day to day supervision and co-ordination of work. Charge” shall mean the qualified, competent person appointed by the Contractor ¢ responsible for carrying out of the work to the true meaning of the drawings, “Site In-t who will be specifications, schedules, instructions and directions of the Consultant. site” means the land and any other structure thereon, under, in or through which the work tg to be executed or carried out and any other lands or places ‘provided by the Owner for the purposes of the Contract. ork” means any portion or the entire of the work to be executed in accordance with the Contract. virtual Completion” shall mean the works are in the opinion of the Consultant and Owner complete and fit for occupation and usage. upate of Virtual Completion” of the work or the specified area of the work means the date Page 5 of 42 wwhen the work is sufficiently completed in accordance with the Contract Document as modified by any change or variations, orders agreed to by the parties so that the Owner can occupy the structure for the use it was intended ontract Sum” means the sum named in the Contract subject to the additions or deductions as may be made under the provisions herein after contained. “Schedule of Quantities” means brief description of work and quantities comprised in the Contract Document. “Bill of Quantities” means list of items giving brief description of work, quantities and rates comprised in the Tender/contract Document. “Basic Rate” ~ not applicable “Tender” means a quotation from contractor offering to execute work or supply against consideration. 2 Contract Document:- ‘The following documents shall constitute the Contract Document: General Conditions of Contract Special Conditions of Contract Contract Information Appendix , A,B,C,D,E Specification of Materials ee se Specification of Items Bill of Quantities Work Schedule submitted by the Contractor along with tender Femme ‘The Contract Document is complementary. 22 The Contractor shall keep at site for reference one set of specifications, drawings, details, schedules, and other like documents supplied to him and written instructions given to him from time to time. Page 6 of 423 Type of contract:- ‘© Contract shall be an item-rate contract. The Contractor shall be paid for the Actual quantity of work done, as measured at site, and at the rate quoted by him in the Bill of Quantities attached to this Tender. Any error in description or in quantity or omission of items from the Bill of Quant Not vitiate this Contract but shall be treated as a Variation. ies shall 4 Schedule of Quantities:- ‘The Schedule of Quantities give the Bill of Quant the intent of work and to provide a uniform basis for tendering. The Owner reserves the right ies is provisional and is meant to indicate to increase or decrease any of the quantities or to totally omit any item of work and the Contractor shall not claim any extras or damages on these grounds. 5, Specifications & Drawings:- Is, schedules, 5.1. The Contractor’s work shall not deviate from the specifications, drawings, det: other like documents and written instructions issued to the Contractor by the owner's representative. The owner's representative's interpretation of these documents shall be final and without appeal 5.2. Errors or inconsistencies discovered in the specifications shall be promptly brought to the attention of the owner for interpretation or correction. Local conditions, which may affect the work, shall like wise be brought to owner's attention. If at any time, It is discovered that any work which is not in accordance with the specifications, drawings, details, schedules, other like documents and written instructions, the Contractor shall correct the work immediately, Corrections of defective work shall not be basis for any claim for extension of time. The Contractor shall not carry on any work except with the knowledge of the owner. 5.3. Incase of Absence of specifications of any item or part thereof or Incomplete or improper description of the item or Any ambiguity as regards method of execution or mode of measurements, ‘The relevant specifications published by the Bureau of Indian Standards shall be adopted to execute the item; Page 7 of 426 Contract Sum:- The Contract Sum shall not be adjusted or altered in any way whatsoever otherwise than in accordance with the express provisions of these conditions. Any error whether arithmetic or not in the computation of the Contract Sum; shall be rectified and deemed to have been accepted by the parties hereto. 7. Contract Bills:- ‘The quality and quantity of the Work included in the Contract Sum shall be deemed to be that which is set out in the Contract Bills. Unless otherwise expressly stated in respect of any specified item, the Contract Bills shall be deemed to have been prepared in accordance with ples of the standard method of measurement of building work published by the the pi Bureau of Indian Standards. Nothing contained in the Contract Bills shall override, modify or affect in any way whatsoever, the application or interpretation of that which is contained in these conditions. 8& Scope and Intents:- 8.1. Scope: The general character and the scope of the work shall be as illustrated and defined by the specifications, drawings, details if any and the Bills of Quantities attached. If the Contractor finds any discrepancy in or divergence between the documents, he shall immediately give to the owner a written notice specifying the discrepancy or divergence and the owner's representative shall issue instructions regard thereto. 8.2. Extent: The Contractor shall carry out and complete the work in every respect in accordance with this Contract and with the directions of and to the satisfaction of the owner ‘The owner may in his absolute discretion from time to time issue further drawings, details and/or written instructions, directions and explanations all of which are collectively referred to as owner’s representative's instructions. Before undertaking any work which is not specified and/or which is at variation with the Bills of quantities, the Contractor shall obtain necessary written instructions from the owner any work carried out in advance of such instructions may be liable to be rejected. 8.3. Intent: The intention of the Contract Document is to include all manpower, facilities, equipment’s machinery, conveyance, transportation, food, water, lodging, boarding etc. necessary for the proper execution of the work. Materials described have a well-known technical or trade meaning and shall be held to refer to such recognized standards. Page 8 of 42%. Owner's Instructions:- 9.1. ‘The Contractor shall forthwith comply with and duly execute any work comprised in Such instructions issued to him by the Owner in regard to any matter in respect of which the Owner is expressly empowered by these conditions. 9.2. If, within seven days after receipt of a written notice from the Owner requiring compliance with an instruction, the Contractor does not comply then the Owner may employ and pay other persons to execute any work whatsoever which may be necessary to give effect to such instruction. All cost incurred due to such employment shall be recoverable from the Contractor by the Owner. 10. Facilities and Co-operation:- 10.1. In the case of work indicated on the drawings but not included in the Contract, the Contractor shall provide necessary facilities and co-operation for any sub-contractor or supplier who may be approved by the Owner. 10.2. The Contractor shall do all the cutting, filling or patching of his work that may be required to make several parts come together properly and fit to be received by work of other Contractors shown upon or reasonably implied by the drawings and specifications for the completed work. The Contractor shall make good the same as the Owner may direct. Any cost caused by the defective or ill-timed work shall be borne by the party responsible therefore. 10.3. The Contractor shall not danger any work by cutting, excavating or otherwise altering the work and shall not cut or alter the work of any other Contractor save with the consent of the Consultant. 11, Setting Out:- “The Owner's representative shall determine areas required for the execution of the work. ‘The Contractor shall set out areas of the work as directed and shall be responsible for the accuracy of the same. He shall provide all the instruments and assistance required by the ‘Owner for checking the work. He shall entirely at his own cost amend to the s: faction of the ‘Owner any error found at any stage which may arise through inaccurate setting. Page 9 of 42 OW3. 4 15 si 12.1, Visit: Before tendering, the Contractor shall have visited and examined the site and satisfied himself as to the nature of the existing roads or other means of communication, accessibility to the site in view of traffic regulations, dimensions of the work and the facilities for obtaining any special articles called for in the Contract Document and shall have obtained generally his own information on all matters affecting the continuation and progress of the work 12.2. The Contractor shall ascertain for himself about the availability or otherwise of water for use in the work. Samples and Specimen:- 13.1. After the award of the Contract, the Contractor shall prepare samples of work as required for approval of the Owner. 13.2. The Owner shall check and approve such samples with reasonable promptness only for the conformity with the concept of the work and for compliance with the information in the Contract Document. The work shall be in accordance with the approved samples. Progress Schedule & Reports:- 14.1, The contractor shall prepare time and progress schedule for the whole of the Contract immediately after the award of the contract and submit the same for the approval of the Owner. The schedule shall be revised and brought up to date every month and copies of the same shall be forwarded to the Owner. It is the Contractor's responsibility to see that these schedules are complied with. 14.2. The progress schedule shall indicate the expected date of commencement and completion of each of the items of the work and shall be in a form approved by the Owner. Owner's Representative's Status and Decisions:- 15.1. The Owner's representative shall periodically visit the site to check the progress and the quality of the work and to determine in general if the work is proceeding in accordance with the Contract Document. The Owner's representative shall have authority to stop the work whenever such stoppage may be necessary in his opinion to Page 10 of 4216, 1. ensure the proper execution of the Contract. 15.2. The Owner's representative shall be the interpreter of the Conditions of this contract and the judge of the performance. In case of the termination of the appointment of the Owner's representative the Owner shall appoint another capable and reputable Tepresentative against whom the Contractor shall make no unreasonable objection and whose status under the Contract shall be that of the former Owner's representative Performance Bon 16.1. Within seven days of the signi ig of the Contract, the Contractor shall deposit with the Owner, for due performance of this Contract as Security Deposit, a sum or bank guarantee which together with the Earnest Money shall be equal to that referred to in the Appendix A as “Security Deposit”. 16.2. The Security Deposit shall be in the form approved by the Owner/ Owner's representative and shall remain so deposited till the end of the Defects Liability Period. 16.3. The said Security Deposit shall indemnify the Owner against loss from defects arising from any clause under this Contract or due to the failure of the Contractor to promptly carry out any matters arising under this Contract. Access for consultant/ PMC to the Works ‘The consultant/PMC and for their representative shall at all reasonable times have access to the Works and to the Workshops or other places of the Contractor where work is being prepared for the Contract and when work is to be so prepared in workshops or other place of a Sub-Contractor (whether or not a nominated Sub-contractor of these Conditions) the Contractor shall have a term in the Sub-Contract so as to secure a similar right of access to those workshops or places for the Consultant and his representative and shall do all things reasonably necessary to make such right effective. Consultant Status and Decision 18.1. The Consultant shall be the Owner's representative during the Construction period. The Consultant shall periodically visit the site to familiarize himself generally with the progress and the quality of the work and to determine in general if the work is proceeding in accordance with the Contract Document. He shall not be required to make exhaustive or continuous site inspections to check the quality of the work and he shall not be responsible for the Contractor failure to carry out the construction work in accordance with the working drawings, specifications & Contract Document. During Page 11 of 42such inspections and on the basis of his observations while at the site Consultant shall keep the Owner informed of the progress of the work, shall endeavor to guard the Owner against defects and deficiencies in the work of the Contractor and he shall abide by the stipulation in the Contract Document. He shall have authority to act on behalf of the Owner only to the extent expressly provided in the Contract Document or otherwise in writing which shall be shown to the Contractor. Consultant shall have authority to stop the work whenever such stoppage may be necessary in his reasonable opinion to ensure the proper execution of the Contract. 18.2. Dismissal: The Contractor shall on the request of the Owner / Consultant /PMC immediately dismiss from the works any person employed thereon by him who may in their opinion incompetent or misconduct’s himself and such person shall not be again employed on the work without the permission of Owner / Consultant / PMC. 19. PMC 19.1, The term "PMC" shall mean the person appointed and paid by the Owner and acting under the orders of the Owner to inspect the works at all stages; the Contractor shall afford the PMC every facility and assistance for inspecting the works and materials and for checking and measuring time and materials. Neither the PMC nor any representative of the PMC shall have power to set out works or to revoke, alter, enlarge or relax any requirements of the Contractor or to sanction any day work, additions, alternations, deviations or omissions, or any extra work whatever except in so far as such authority may be specially conferred by a written order to the PMC. 19.2. The PMC or any representative of the PMC shall have to give notice to the Contractor or to his representative of non-approval of any work or materials and such work shall be suspended or the use of such materials shall be discontinued until the decision of the Consultant, is obtained. The works will from time to time be examined by the Consultant, the PMC or their representative but such examination shall not in any way exonerate the Contractor from the obligation to remedy any defects which may be found to exist at any stage of the works or after the same is completed. 20, Contractor's Field Organization and Equipment:- 20.1. Site-in Charge: The Contractor shall constantly keep on his work during its Charge. He will be responsible for the carrying out of the work to the true meaning of the specifications, drawings, details and Page 12 of 42 progress a qualified and competent Site-Schedule of the Quantities, Owner's representative's instructions and directions etc. to the satisfaction of the Owner. 20.2. Equipment: The Contractor shall provide and install all necessary hoists, ladders, scaffolding, tools, tackles, safety equipment, plants, all transport for labour, materials and plant necessary for the proper execution and completion of the Work. The Contractor shall also provide testing equipment’s as required by the Owner's representative 20.3. Office Accommodation: The Contractor shall provide erect and maintain where directed, proper office accommodation for the Site-in-charge and PMC. This accommodation shall be well lighted, ventilated, secured and shall be provided with a desk, chairs, chest of drawers for keeping drawings, tack board for display, a water filter, glasses and first aid kit. 20.4. No accommodation for contractor's workers on the site. 20.5. Security: The Contractor shall make his own security arrangements to guard the Site at all times, at his own expense. The security arrangements shall be adequate to maintain strict control on the movement of material, labour and equipment. 20.6. Storage of Materials: The Contractor shall provide, erect and maintain proper sheds for the storage and protection of the materials etc. for the execution of work. 20.7. Scaffolding, Staging, Guardrails: The Contractor shall provide scaffolding, staging, guardrails, temporary stairs which shall be strong, adequate for a particular situation. ‘The temporary access to the various parts of work shall be rigid and strong enough to avoid any chance of mishaps. The Contractor shall be responsible for the adequacy and safety of all these arrangements. 20.8. Scaffolding: No Bamboo scaffoldings allowed, Metal/H-Frame or Cup lock system is allowed. 20.99. Crane / Hydra along with lifting tools and tackles will be in contractor scope. 20.10. Proper Barricading/Warning Signals/Flags need to be done by the contractor. u. Taxes- Rates quoted shall include all central, state and local taxes, levies, TDS, fee, charges EXCEPT GST Page 13 of 42 a/2% Statutory Obligations, Notices, Fees and Charges:- 22.1. Law of the place of work shall govern the work under Contract. 22.2. The Contractor shall comply with and give all notices required by any Government or local authority relating to the work. 22.3. The Contractor shall pay and indemnify the Owner against liability in respect of any fees or charges including any rates and taxes legally demandable under any Act of Parliament, instrument rule or order or any regulation or Bye-law or any local authority in respect of the work. 2, Water & Electricity for use in the work:- 23.1. Water in case water cannot be made available, 23.1.1.1. The Client shall provide water for construction through one point on chargeable basis. 23.1.1.2. In case water can be made available at Site, the Contractor shall take supply at a suitable point at his own cost. 23.1.1.3. The Contractor shall make at his own cost arrangements for storing adequate water wherever necessary including all arrangements for pumping or lifting water up to the required level, 23.2. Electricity: The electricity, if required, shall be made available’ for work on chargeable basis. However all necessary permissions, connections etc. shall be arranged by the Contractor at his cost and 2%, Assignments or Sub-letting:- The Contractor shall not assign this Contract and shall not sub-let any portion of the Work. 3, Sub-Contractor:- 25.1. In case, the Contractor employs a Sub-Contractor with prior permission of the Owner's representative /owner then the Contractor himself will fulfill all the obligations under this contract, as if he himself is carrying out the work. 25.2. The employment of a Sub-Contractor by the Contractor shall not render the owner in any way liable to the Sub-Contractor. Page 14 of 4226. Separate Contracts: ‘The Owner reserves the right to let other contracts in connection with his work. The contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. 21, Variations in the items of work and extra items:- 27.1. The Owner may issue instruction requiring a variation and he may sanction in writing any variation made by the Contractor otherwise than pursuant to an instruction of the Owner No variation required by the Owner or subsequently sanctioned by him shall vitiate this contract. 27.2. For all such items which are not included in the Bill of quantities, the rate shall be determined on the basis of similar item already priced in the Bill of quantities. 27.3. For any such item, which to the discretion of the Owner's representative is not of similar nature as any item in the Bill of quantities, in such case cost shall be verified on the basis of prevalent market rates and vouchers, bill in this connection shall be submitted by the contractor. 274. On no account the work shall be held up for want of decision regarding extra charge. It shall be the contractor's responsibility to get approved his claims for extra, if any, before it is charged in his running account bill, 28, Measurements, Bills, Certificates and Payments:- Measurements 28. 28.1.1.1. The measurements of various items shall be taken at site and recorded in the measurement books jointly by the Clerk of works and the Contractor's Site- in-Charge. 28.1.1.2. All such items, which in due course are to be covered and hidden, shall be measured before they are covered. 2.1.1.3. The Contractor shall provide at his own expenses all facilities and equipment that may be required for taking measurements. 28.2. Bills 2.2.1.1. Contractor shall submit Billing Breakup for Owner review and aproval, Only after approval of Billing Breakup Monthly Bills will be raised accordingly. Page 15 of 42 of28.2.1.2. The Contractor shall prepare, from time to time, monthly work bills based on the joint measurements and submit the same in triplicate to the Owner's representative 28.2.1.3, The Contractor shall prepare the bills only when the value of the work becomes equal to or greater than the amount mentioned as Value of the Work for interim certificate in Special Condition of Contract. 28.3. Certificates. 284. The Owner's representative shall issue the interim certificate to the Contractor against the bill submitted after due verification. 28.4.1.1. The interim certificate shall mention the value of the work executed less retention amount calculated on the basis of retention percentage mentioned in Special Condition of Contract. The Owner's representative may in his discretion include in the interim certificate such amount as he may consider proper, on account of materials delivered on the Site by the Contractor for use in the works. This amount shall be 70% of the cost of materials in stock at site and are likely to be used in the work within the next one month, 28.4.1.2. ‘The Owner's representative will issue certificate of virtual completion after satisfactory completion of major portion of the work, The amounts then so retained as Retention Money will be released by the Owner within seven days of the issue of the certificate. The Defects Liability Period mentioned in Special Condition of Contract shall commence from the date of this virtual completion certificate. 28.5, Payments ‘The contractor shall be paid by the owner on the basis of certificate issued by the Owner's representative within the time from date of issue of certificate mentioned as “Period of Honoring Certificate” in “Important Terms & Conditions”. The total sum including Earnest Money Deposit, the Security Deposit and the Retention Money will carry no interest individually or together. The retention money shall be retained for the defects liability period from the date of virtual completion certificate and the same shall be returned within 30 days after completion of 24 months defect liability period. Page 16 of 422. Unfixed goods and material: Unfixed materials and goods intended for, delivered to and placed on or adjacent to the work e has shall not be removed except for use upon the work unless the Owner's representat consented in writing to such removal. 30. Mater 1s, Workmanship, Inspection. Extra Time:- 30.1. All materials and workmanship shall be as per the relevant code of LSJ. Specifications and of approved type. The Contractor shall immediately remove from the works any material and/or workmanship which in the opinion of the consultant is defective or unsuitable and shall substitute proper materials and/or workmanship at own cost. 30.2. The Contractor shall, if required, submit satisfactory evidence as to the kind and quality of material. 30.3. All materials shall be delivered so as to ensure a speedy and uninterrupted progress of the work. Such materials shall be stored so as to cause no obstruction and so as to cause no overloading of any portion of the structure and the Contractor shall be entirely responsible for damage or loss by weather or other cause. 30.4. All materials and workmanship shall be subject to inspection, examination and test by the Owner's representative at any and all times during manufacture and/or construction. The Owner's representative shall have the right to reject defective material and workmanship or require its correction. Rejected workmanship shall be satisfactorily replaced within proper material without additional charge therefore. The Contractor shall promptly segregate and remove the rejected material from the work. If the Contractor fails to proceed at once with the replacement of rejected materials and/or the correction of defective workmanship, the Owner may by contract or otherwise, replace such materials and/or correction of such workmanship and charge the cost thereof to the contractor, or may terminate the right of the Contractor to proceed further with the work. 30.5. The contractor shall furnish promptly without additional charge all reasonable facilities, labour and materials necessary for the safe and convenient inspection and tests that may be required by the Owner 31. Defects:- @/ Page 17 of 42own cost and to the satisfaction of the n of the Owner from 31.1, The contractor shall make good at Owner all defects, shrinkage or small faults arising, in the oj work or materials not being in accordance with the drawings or specifications or schedules of quantities or the instructions of the Owner's representative which may appear within “Defects Liability Period’. 31.2. Upon directions in writing of the Owner's representative such defects, shrinkage, small faults etc. shall be amended and made good by the contractor at his own cost within specified time. In case of default the owner may employ and pay other contractor/s to amend and make good such defects, shrinkage, settlements or other faults and all damages, loss and expense consequent thereon or incidental thereto shall be made good and borne by the Contractor. Such damage, loss or expense shall be recoverable from the Contractor by the owner or may be deducted by the owner upon the Owner's representative certificate in writing from any amount due or may become due to the contractor. 32. Possession, Completion and Postponement:- 32.1. Time is the essence of Contract. 32.2. On the date of commencement stated in the Special Condition of Contract, possession of the site shall be given to the Contractor who shall thereupon begin the work regularly and diligently proceed with the same. The Contractor shall complete the work on or before the date of completion subject nevertheless to the provisions for extension of time contained in clause 33. 32.3. The Owner's representative may issue instructions in regard to the postponement of any work to be executed under the provisions of this contract 33, Extension:- 33.1, Upon it becoming reasonably apparent that the progress of the work is delayed, the contractor shall forthwith give written notice of the cause of the delay to the Owner. If, in the opinion of the Owner's representative, the completion of the work is likely to be or has been delayed beyond that date of completion stated in the Special Condition Of Contract or beyond any extended time previously fixed, he shall make, as soon as possible, a fair and reasonable estimate of extension of time for completion of the work Page 18 of 42In case the reasons for the delay are as below: 33. Force major or 33.1.1.2. Any exceptionally inclement weather or 33. Loss or damage occasioned by any one or more of the contingencies referred to relevant clauses of these conditions 34, Damages for Non-Completion/Claims for delays: If the contractor fails to complete the work by the date specified in these conditions or within any extended time and the Owner's representative certifies in writing that in his opinion the ‘same ought to have been completed, the Contractor shall pay or allow to the owner a sum calculated at the rate stated in the “Important Terms & Conditions” as agreed liquidated damages for the period during which the said work shall so remain or have remained incomplete. The Owner may deduct such damages from any monies otherwise payable to the Contractor under this Contract. 35, Payments withheld: or nullify the whole or a part of any 35.1. The Owner's representative may withhold ect the Owner from loss on certificate to such an extent as may be necessary to prot account of Contractor. 36, Injury to Persons, Property and Owner:- ‘The Contractor shall take care to inspect any loose plaster, concrete & scaffolding etc. in areas adjacent to where his work is to be executed and shall remove such loose and dangerous plast id any accidents causing injury to persons or property. ter/concrete & scaffolding etc. prior to starting his work to avoi 431. Insurance against injury to persons and property:- ‘ontractor shall maintain and shall cause any Sub-Contractor to maintain. 37.1. The C ‘Such insurance’s as are necessary to cover the liability of the Contractor or 37.1.1.1. as the case may be of such sub-contractor, in respect of personal injuries or deaths arising out of or in the course of or caused by the carrying out of the work. Such insurance’s as may be specifically required in respect of injury or 37.1.1.2. arising out of or in the course of or by damage to property, real or personal, Page 19 of 42reason of the carrying out of the work and caused by any negligence, omission or default of the Contractor, his servants or agents or as the case may be of such Sub-Contractor, his servants or agents. 37.1.1.3. The contractor shall produce or cause any Sub-Contractor to produce for inspection the relevant policy/policies of insurance together with the receipts in respect of premiums paid, as and when required to do so by the Owner. 37.1.1.4. The contractor shall maintain the joint names of the Owner and Contractor such insurance’s as may be required in respect of any expenses, liability, loss claim or proceedings which the Owner may incur or sustain by reason of injury or damage to property; real or personal, arising out of or in the course of or by reason of the carrying out of the work, and caused otherwise than by the negligence, omission or default of the Contractor, his servants or agents or any Sub-Contractor, his servants or agents. 37.1.1.5. Any such insurance as is referred to in the immediately preceding paragraph shall be placed with insurers to be approved by the Owner and the Contractor shall have to deposit with him the policy /policies and the receipts in respects of premiums paid. 37.1.1.6. The owner has rights to make compliances if contractor fails to do the same and Money will be recovered from contractor. 37.1.1.7. The Contractor shall in the joint name of the Owner and Contractor, insure & provide CAR policy for full value of Contract against loss or damages by fire, storm. tempest, lighting, flood, earthquake, aircraft or anything dropped there from, aerial, riot and civil commotion for the full value thereof all work executed and all unfixed materials and goods intended for, delivered to and placed on or adjacent to the work and laborers and their material assets if located at sites but excluding temporary building plant, tools and equipment ired by the Contractor or any Sub-Contractor and shall keep such owned or work materials and goods so insured up to 30 days after date of Virtual Completion of the work. Such insurance shall be with insurers approved by the Owner and the Contractor shall deposit with the Owner the policy or policies and the receipts in respect of premiums paid; and should the Contractor make default in insuring or continuing to insure as aforesaid the Owner may himself Page 20 of 42insure against any risk with respect of which the default shall have occurred and deduct a sum equivalent to the amount paid by him in respect of premium from any monies due to or to become due to the Contractor. 37.1.1.8. Provide always that if the Contractor shall independently of his obligations under this contract maintain a policy of insurance which covers (inter alia) the said work, materials and goods against the aforesaid contingencies to the full value thereof then the maintenance by the Contractor of such policy shall if the Owners interest is endorsed thereon, be a discharge of the Contractor’s obligation to insure in the joint names of the Owner and Contractor and the production by the Contractor as and when may reasonably required by the Owner, of a current certificate of insurance from the company or firm which shall have ued the said policy shall be a discharge of the Contractors obligation to deposit with the Owner a policy or policies and the receipts in respect of premiums paid. 37.1.1.9. If required then medical fitness ce ficate of manpower need to be submitted by contractor. 38 Determination by the Owner:- 38.1. Default: If the Contractor shall make default in any one or more of the following respects 38.1.1.1. Suspension of the work before completion thereof without any reasonable cause. 38.1.1.2, Failure to proceed regularly and diligently with the work. 38.1.1.3. Refusal or persistent neglect to comply with a written notice from the Owner's representative requiring him to remove defective work or improper materials or goods and by such refusal or neglect the work is materially affected, then the Owner's representative may give him Written Notice specifying the defaults, If the Contractor shall continue such a default for 14 days after receipt of such a notice and/or shall at any time thereafter repeat such a default (whether previously repeated or not), the Owner, without Prejudice to any other rights or remedies, may within 10 days after such Page 21 of 42continuance or repetition of notice forthwith determine the employment of the Contractor under this Contract, provided that such notice shall not be given unreasonably or vexatious. 38.2, Bankruptcy of Contractor: The employment of the Contractor under this Contract shall be forthwith automatically determined in the event of the Contractor becoming bankrupt or being a company having a winding up order made or a resolution passed by share or debentures holders. 38, Determination by the Contractor:- 39.1. The Contractor may, without prejudice to any other rights and remedies which he may possess, by Written Notice to the Owner or Owner's representative (provided such notice shall not be given unreasonably or vexatious) forthwith determine the employment of the Contract if 39.1.1.1. The Owner does not pay to the Contractor the amount due on any certificate within the period of honoring certificates named in the Special Condition of Contract and continues such default for seven days after receipt of awritten notice from the contractor 39.1.1.2. The Owner interferes with or obstructs the issue of any certificate due under this contract. 39.1.1.3. The carrying out of the whole or substantially the whole of the uncompleted work is suspended for a continuous period of more than one month, for which the contractor is not responsible. 1. Co-ordination of Work:- ‘At the commencement of work, and from time to time, the Contractor shall confer with the Sub- Contractors, persons, engaged on separate contracts in connection with the work and with the Owner's representative for the purpose of the coordination and execution of the various phases of the work. 4, Labour:- The Contractor shall, at all times, indemnify the Owner against all claims, damages or compensation under the provision of payment Minimum Wages Act and Workmen's Page 22 of 42Compensation Act etc.The Contractor shall employ no child labor less than 18 years of age on the Work. No female labour is allowed to work. No laborer shall reside within the compound except authorized guards. #2. Protections of trees and shrubs:- Trees and shrubs shall be protected from damage during the course of the work and the earth level shall not be changed within one meter of such trees, Where necessary such trees and shrubs shall be protected by means of temporary fencing. 8. Arbitrator 43.1, All disputes and differences of any kind whatever arising out of or in connection with the Contract or the carrying out of the Work (whether during the progress of the work or after its completion and whether before or after the determination, abandonment or breach of the Contract) shall be referred to and settled by the Owner's representative who shall state his decision in writing. Such decision may be in the form of a Final Certificate or otherwise. The decision of the Owner's representative with respect to any of the Matters shall be final and without appeal. But if either the Owner or the Contractor be dissatisfied with the decision of the Owner's representative on any matter question or dispute of any kind or as the withholding by the Owner's representative of any certificate to which the Contractor may claim to be entitled to, then and in any such case either party (the Owner or the Contractor) may within 28 days after receiving notice of such decision give a written notice to the other party through the Owner's representative requiring that such matters in dispute be arbitrated upon. 43.2. Such notice shall specify the matters which are in dispute and such dispute or difference of which such notice has been given and no other shall be and is hereby referred to the Arbitration and final decision of a single Arbitrator, being a member of a local Professional Institution/Association like PEATA to be agreed upon and appointed by both the parties. In case of disagreement as to the appointment of a single Arbitrator to the Arbitration, two Arbitrators may be appointed both being members of a local Professional Institution/Association like PEATA, one to be appointed by each party. ‘These two Arbitrators may appoint an Umpire if required. 43.3. The Arbitrator, the Arbitrators or the Umpire as the case may be shall have power Page 23 of 42to open up review and revise any certificate, opinion, decision, requisition or notice and to determine all the matters in dispute which shall be submitted to him or them and of which notice shall have been given as aforesaid. 43.4. As regards the costs and incidental to the reference to Arbitration, the Arbitrator/Arbitrators/Umpire may determine the amount thereof and shall direct by whom and to whom and in what manner the same shall be borne and paid. 43.4.1.1, Till such time as the final decision of the arbitration is given, the Contractor shall strictly adhere to the Owner's representative instructions with regard to the actual carrying out of the work. 43.4.1.2. ‘The award of the Arbitrator/Arbitrators/Umpire shall be final and binding on the parties. 4, Protection and cleaning:- 44.1, The contractor shall protect and preserve the work from all damage or accident by providing any temporary roof, window and door coverings, boxing or other construction as required by the Owner's representative this protection shall be provided for all property adjacent to the Site as well as on the Site. 44.2. The Contractor shall properly clean the work as it progresses and shall remove all rubbish and debris from the Site from time to time as is necessary and as directed. On completion the Contractor shall ensure that the premises and/or Site are cleaned, surplus materials, debris, sheds etc. Removed, areas under floors cleared of rubbish, gutters and drains cleared, doors eased, locks and fastenings oiled, keys clearly labeled and handed to the Clerk of Works, so that the whole premises is left fit for immediate occupation or use and to the satisfaction of the Owner's representative, No labor camp is allowed inside the premises. Contractors take care of accommodation. 45, Mobilization & Program Schedule:- ‘The contractor shall be considered to be fully mobilized at site only after fulfilling the following requirements. j Submission of complete schedule of execution considering the possible variations in items and their quantities and approval of schedule by the Consultant & Owner. j) Submission of list of materials, manpower, equipment, machinery (including mixers, pad vibrators, grouting pump, drilling machine, grinder/cutter), tools & tackle, scaffolding, formwork, Page 24 of 42‘esting facilities etc. along with their respective quantities and tentative date of their site delivery and approval of the same by the Owner's representative Completion of formalities like agreement, security eposit, insurance etc. ii) Provision of water storage facility, site office, stores, barricades, minimum ‘uantity of scaffolding, props, window covering, hessian cloth, etc. to the satisfaction of the Consultants & Owner. IV) Mobilization of full time staff at site. 46, Insurance & safety:- ‘The contractor shall take out insurance policies as directed in General Conditions of this contract (Clause 37). To cover the same, the Contractor is required to take out Contractors” All Risk (CAR) insurance policy The contractor shall submit worker compensation policy. All the safety specifications stipulated in the tender shall be strictly followed, failing which the contractor may be penalized as per the discretion of the Owner's representative. Insurance coverage of workman under Pradhan Mantri Suraksha Bima Yojana (PMSBY) and Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) through Bank for Manpower deployed to Site for Construction & Installation shall be submitted by contractor. 47. Variations in Quantity of items:- The probable quantities of several items of work included in the schedule of quantities are furnished for the bidder's convenience. It must be clearly understood that the contract is not a lump sum contract, and that neither the probable quantities nor the probable value of the entire tender are accurate or that the work will correspond exactly there-to. Being repair works, the quantities of any item are likely to vary to any extent. No extra claims of contractor on account of variation in quantities shall be entertained. 48, Escalation: No escalation in rates will be allowed during the contract period, or any authorized extension of the same unless specifically permitted by the Owner / Owner's representative 4p. Terms of Payment:- 1 Mobilization advance, if payable, may be paid to the contractor after confirming full mobilization as described above & part will be deducted on pro rata basis. Il, The Contractor shall raise his monthly running account bills after minimum Page 25 of 42value of work, as given in contract data. Ill. T.D.S. will be deducted towards Income Tax. IV, _ GST will be paid extra as per government norms on the actual work done. 50, Urgent Repairs: In case any repairs are required to be carried out urgently in the opinion of Owner's representative the contractor may be directed to do so. In case if the Contractor is unable or unwilling to carry out such repair works, the same at the discretion of the Owner's representative may be got done from an outside agency, in which case the cost and the charges incurred shall be recovered from Contractor's R. A. Bill. SL Extra items: Extra items, if any, are to be executed only with prior approval of the Owner's representative/ Owner. Rates of any such items shall be decided on the basis of similar tender items whenever possible or as follows:- refer contract data. Owner's representative decision on rate of any such item shall be final & binding on the Contractor. 82. Specifications and Mode of Measurement Specification and mode of measurements, if not specifically mentioned, shall be as per relevant Indian Standard Codes. All the materials shall be generally in accordance with the relevant codes of practices published by Bureau of Indian Standards. Where a special make or brand is called for, it is mentioned as standard. Others of equal quality may be used provided approval is first obtained in writing from the Owner's representative unless substitutions are requested no deviation from the Specifications will be permitted, 58. Basic Rates and free supply of Materials:- No material will be supplied by the owner. 5h Supervision: ‘The Contractor shall have competent engineer/engineers and supervisors on full time basis at the site to supervise both, quality and progress of works. In case the contractor does not have the required team, he can avail services of person/s in this field with experience not less than 5 years in repair works. 58, Temporary Facilities:- Contractors shall provide at his own cost (unless specified otherwise) the following Page 26 of 42temporary facilities at the locations specified by the owner: - Site office with one table space for Owner’s/PMC’s representative, Cement go-down & material store, drinking Water storage of required capacity; 56 Space for Labour:- Labour will not be allowed to stay within the site premises. 51. Discrepancies:- In case of any discrepancies between various sections of this tender document, the following Precedence shall be observed: 1) Schedule of Quantities 2) Particular Conditions of Contract 3) Technical Specifications 4) General Conditions of Contract Any such discrepancies shall be brought to the notice of the Owner's representative before submitting the tender. 58. Minimum Wages Act / Labour Statutes: The Contractor shall pay rates of Wages and observe hours of work and conditions of employment according to existing rules under Minimum Wages Act. Further, it shall be Contractor's responsibility to ensure that he pays his workmen wages which are not lower than the minimum prescribed by the Union Government and State Government in which area this contract is being operated. The contractor shall be responsible to pay all statutory payments to relevant authorities towards ESI, PF etc, as per the rules in vogue or amended by government in case of execution of the contract. Contractor shall not employ any labourer under the age of 18 years. Following documents need to be submitted before mobilization Le. UAN No./Form No. 2 and New Form No. 11, ESI-IP number, PF-ECR stamped by bank, online challan endorsed/stamped by bank, Return of contribution along with undertaking certificate. Page 27 of 42SECTION - IV ‘SPECIAL CONDITIONS OF CONTRACT. THESE CONDITIONS WILL BE READ IN CONJUNCTION WITH RELEVANT ARTICLES OF GENERAL CONDITIONS OF CONTRACT (G.C.C). IN CASE OF VARIANCE/ DISCREPANCIES BETWEEN S.C.C AND G.C.C THE CONDITIONS LAID DOWN IN S.C.C. SHALL TAKE PRECEDENCE. Special conditions of contract shall be read in conjunction with the General Conditions of Contract, Specifications of work, Drawings and any other documents forming part of this contract wherever the context so requires. Notwithstanding, the sub-division of the documents into these separate sections and volumes every part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the contract so far as it may be practicable to do so. Where any portion of the General Conditions of Contract is repugnant to or at variance with any provisions of the Special Conditions of Contract, then unless a different intention appears, the provisions of the Special Conditions of Contract shall have precedence over stipulations elsewhere in the tender documents. 1. Confidentiality (1) The Contractor here to undertake to keep secret and confidential and not to disclose to the third parties, any and all Information and details received from the Owner, and to use the Information and details only for the performance of the Contract Agreement and for no other purpose unless otherwise agreed upon in writing. (2) Contractor undertakes that the drawings, designs photographs related with the Contract Agreement taken by it will not be used as a sample for its own marketing promotions, (3) Contractor acknowledges that their failure to carry out any obligation under this Agreement, or a breach by them of any provision herein, will constitute immediate and irreparable damage to the Owner, which cannot be fully and adequately compensated in money damages and which will warrant preliminary and other injunctive relief, or an order for specific performance, and other equitable relief. 2 Intellectual Property Rights ‘The Contractor agrees that all existing and future intellectual property rights and copyright over the design, drawing and any other material shall be sole intellectual property of the Owner and Contractor will hand over all such documents to the Owner. This clause will exist in perpetuity, or for the normal duration of copyrights. 3. Operating And Maintenance Manuals (1) The “As-Built Drawings” and operating & maintenance manuals will be supplied by the Contractor by the dates stated in the Contract Agreement. (2) Warranties against items as specified in the Contract Agreement will be supplied by the Contractor by the dates stated in the Contract Agreement. 4 Compliance With Labour Regulations During continuance of the Contract, the Contractor shall abide at all times by all existing labour enactment and rules made there under, regulations, notifications and bye laws of the State/Central Government, as may be Page 28 of 42plicable in connection with the execution of the Works. The Owner shall register as Principal Employer with the relevant labour authorities and provide Form V to the Contractor for registration with labour department. The Owner shall register with the appropriate authorities and pay any statutory labour cess, tax, fee etc or any other levy that may be imposed on the construction project in case the Building & other Construction Works Cess Act, 1996 j implemented in the state where the project is being executed. The Contract Sum does not include the cost Of such cess, ete. & Supplementary Provision Any matter not provided for in the Contract shail be determined through consultations between the Owner and the Contractor, if necessary. & Owner's Right To Suspend Works Or Terminate Contract (1) The Owner may, when necessary, suspend the Work or terminate the Contract by so notifying the Contractor in writing. In such case, the Owner shall indemnify and hold harmless the Contractor from and against any loss or damage arising out of or related to such suspension or termination. (2) The Owner may suspend the Work or terminate the Contract in any of the following cases by so notifying the Contractor in writing and, in such cases, except the case provided for in Subparagraph e. hereof, the Owner may make a claim against the Contractor for damages a. If the Contractor fails, without justifiable reason, to commence the Work after the date of commencement; b. If the progress of the Work is materially behind the construction schedules without justifiable reason and, accordingly, the Contractor is unlikely to complete the Work within the Contract Time or within a reasonable period thereafter; If the Contractor fails to conduct in accordance with the provisions mentioned or is in major non- compliance of requirements d. If the Contractor defaults under the Contract due to any reasons other than those provided in the preceding Subparagraphs a. through c, and is found unable to achieve the purpose of the Contract due to such defaults. If the Contractor is found unable to proceed with the Work due to reasons such as its suspension of payment, including but not limited to the dishonoring of any drafts, promissory notes or cheques issued by the Contractor due to shortage of funds; or 43) The Owner may cause the Contractor to recommence the Work suspended in accordance with the provisions ‘Of Paragraph (1) or (2) of this Article by so notifying the Contractor in writing, (4) If the Work suspended in accordance with Paragraph (1) ofthis Article is recommenced, the Contractor may, tupon expressly stating the reasons therefore, make a claim for a necessary extension of the Contract Time against the Owner. fany of the actions provided for in Paragraphs (1) through (3) of this Article is taken, the Owner shall so oe a notify the Contractor in writing. +, Adjustment Of Contract Sum Page 29 of 42 oy(1) The Contract is item rate Contract awarded on the Original Contract Sum based on the scope of work mentioned in the Contractor’s Offer including and subject to the “Other general conditions” and deviations, if any, stipulated in the Contract Agreement. However, the Original Contract Sum shall be subject to any decrease/increase to arrive at the final Contract Sum based on the adjustments due to the reduction/ increase in scope of work, change in specifications, variations, additional works, Force Majeure Events, Owner's Default Events (as specified in Article 16 Paragraph (2)), Article 33, and other events etc., as the case may be, as specified herein below. (2) The Owner or the Contractor may, by expressly stating the reason therefore, make a claim for a necessary adjustment to the Contract Sum to any of the following cases : a. If additional or extra Work or changes in the Work is ordered; b. Ifthe Contract Time is changed; ¢. If additional or extra cost is incurred due to co-ordination in accordance with the provisions of Article 3 hereof; d. If there are changes in the items, quantities, times for delivery, places of delivery, or places of return of the Furnished Materials or the Lent Articles; e. If, during the term of the Contract, the Contract Sum has become apparently inappropriate and improper due to an enactment, revision, or abrogation of any law, ordinance, or regulation, drastic change in economic conditions, or any other unforeseeable cause; £ If ina long-term contract, the part of the Contract Price for the work which shall be executed after one (1) year from the date of entering into the Contract is found to have become inappropriate and improper due to enactment, revision or abrogation of the laws, ordinances and regulations, or due to changes in the commodity prices, wages and other such matters; or g If the amount of the Contract Sum for the Work which has been suspended or affected by disaster, becomes apparently inappropriate and improper when such Work is resumed. h. If additional or extra cost is incurred by the Contractor in accordance with the provisions of Article 16 Paragraph (2), Article 17 and Article 33 hereof, i. Ifowner himself incurs any cost on behalf of the contractor or in terms of the provisions of the article 19(4) ,the owner shall have right to adjust such cost from the balance contract amount payable to the Contractor. Owner shall also have right to adjust the delayed charges or damages incurred by the Owner on behalf of Contractor after giving notice to Contractor to that effect. (4) The Bill of Quantities forming part of the Contract herein, specifies the quantities of respective items estimated on the original scope of work and shall be used as reference for calculating the variation in Contract Price. In adjusting the Contract Price, the amount of adjustment for Increase / decreased or omitted portions of the Works shall be determined based on the unit prices stated in the Itemized Statements provided to the Owner based on the Bill of Quantities forming part of the Contract Documents. (5) As and when a Variation instruction is issued by the Owner for any additional works, extra items, increase in scope of work etc, the Contractor shall within 10 days submit the additional price payable to the Contractor in respect of such Variations along with the impact of such increase in the cevtract Price & time extension, ifany and the Owner shall come to an agreement on the same and make the additional payments to the Contractor accordingly. If there is delay in the Owner and the Contractor coming to an agreement on the rate of an extra item Page 30 of 42,oF additional works or variations, 85% of the rates as proposed by the Contractor shall be payable Provisionally within 14 days of the submission till such time as the rates are finally determined, but in any event not later than 45 days from the Date of the Contractor submitting the additional price- & Settlement Of Dispute (2) In the event of any dispute or difference of opinion between the parties arising out of or in connection with this Contract or with regard to any dispute or difference as to the performance Or any obligation hereunder by the other party, the parties shall make their best efforts to settle such dispute or difference of opinion amicably by negotiation. All or any disputes or difference arising between the Owner and the Contractor arising out of this Contract or any stipulation contained herein or in connection with the Contract or the rights and obligations of the parties mentioned herein which cannot be settled by direct negotiation between the parties shall be referred to arbitration pursuant to the Rules of Conciliation and Arbitration in accordance with the Indian Arbitration and Conciliation Act , 1996 or any statutory amendment thereof by a Sole Arbitrator appointed by mutual consent. ‘The award of such arbitration shall be final and binding on both parties. In case no mutual consent is formed for appointment of the Sole Arbitrator within 30 days, the same shall be made by making reference to a competent court. Execution of the Works under this Contract shall continue during the arbitration proceedings and payments to the Contractor shall be continued to be made as provided by the Contract. The reference to arbitration shall be the conditions precedent to any other action at law. (2) Any dispute under this Contract shall be subject to jurisdiction of the Indian Courts at Mumbai. The arbitration proceedings shall be held at Mumbai. ) Changes In Work And Changes In Contract Time (1) The Owner may, when necessary, order additional or extra Work or changes in the Work. (2) The Owner may, when necessary, order the Contractor to change the Contract Time. (3) The Contractor may propose to the Owner changes in the Work and the amount of increase or decrease in the Contract Sum likely to be caused by such changes. In such case, the Contractor may make changes in the Work subject to written consent of the Owner through consultations with the Owner. (4) Many loss or damage or additional cost/ expenses have been caused to the Contractor by virtue of either of paragraphs (1) or (2) of this Article, the Contractor is entitled to claim compensation to the Owner for the said loss or damage or additional cost/ expenses. 10, Defect Liability Ifany defect, atributable to the Contractor, is found in the Works/ Object of Contract, the Own may demand repair thereof by the Contractor, specifying a reasonable period for the rey er provided, however, that ifthe defect is not affecting on the functional capability and operate rrpabilty and if excessive expenses would be incurred forthe repairs, the Owner shall not demana sah repairs by the Contractor. The Defects Liability Period shall be as specified in the Contract v @ Page 31 of 42@ 3 4 2) @) Agreement to be effective from the Date of Practical Completion/ Taking over. If the defects are of minor nature & not affecting the Owners production/ operation or daily working/ movement, the Contractor shall rectify the accumulated list of such defects/points once in every six months. ?) The Owner shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins from the Date of Practical Completion of the Works or the Date when the Works are Taken Over or occupied by the Owner, and automatically expires at the end of the period specified in the Contract Agreement. ) Every time notice of a Defect is given the Contractor shall correct the notified Defect within the reasonable length of time. At 30 days before the end of the Defect Liability Period the Owner shall call for, if required, a joint inspection by the Owner and the Contractor and defects, if any, shall be jointly documented for action by the Contractor. )_ If the Contractor has not rectified a Defect within the reasonable time (within 30 days; the extended time required beyond 30 days shall be subject to Owner's approval), the Owner will assess the cost of having the Defect rectified, and adjust the sum from Retention money towards defect liability sum 1, Insurance (1) During execution of the Work, the Contractor shall purchase and maintain the following insurance(s) to cover the Contractor's risk and shall provide the Owner with copies of such insurance policies. a) Standard Contractor's All Risk (CAR) Policy b) Add-ons to CAR Policy i) Third Party Liability: Third party liability covering damage to physical property, injury or death. The maximum insurance cover for Third Party liability shall be the amount specified in the Contract Agreement. ii) Surrounding Property (if applicable): Loss or damage to surrounding property to a maximum amount as specified in the Contract Agreement, if occurring directly due to the construction of the items/Works insured under the (CAR) policy. iii) Insurance coverage workman under Pradhan Mantri Suraksha Bima Yojana (PMSBY) and Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) through Bank for Manpower deployed to Site for Construction & Installatiion shall be submitted by contractor. In case, while on duty and during the course of engagement in the work premises under this Agreement, if any of the Contractor's workforce meet(s) with any injury indisposition due to accident or other natural calamities, the Contractor shall ensure that immediate and adequate medical aid viz, First-aid and subsequent treatment facilities are provided to the persons(s) concerned at the cost of contractor without fail. In addition, the Contractor shall also be liable for meeting with statutory liabilities under the ESIC/PF or Workmen's Compensation Act and under any other applicable laws and rules.” The Contractor shall indemnify and compensate the Board, if the Board as Principal Employer under the Contract Labour (Regulation and Abolition) Act, 1970 becomes liable to assume any liability towards the workforce engaged by the Contractor. In that event, the provisions relating to recovery as provided in the relevant clauses of the said Act shall be applicable in to. Page 32 of 42(3) Notwithstanding anything contained in a) & b) above, the CAR Policy shall stand expired in the event of temporary/ partial taking over of any portion/ whole of the Work by the Owner, irrespective of whether such temporary/ partial taking over is mentioned in Contract Agreement or not. In the event of such happening, the Owner shall purchase and maintain appropriate insurance(s) in respect of portion/ whole of the Work taken over for temporary/ permanent use. (6) Following documents need to be submitted before mobilization i.e. UAN No./Form No. 2 and New Form No. 11, ESI-IP number, PF-ECR stamped by bank, online challan endorsed/stamped by bank, Return of contribution along with undertaking certificate, (7) The Owner shall be responsible to arrange all required insurances after the date of issuance of Certificate of Practical Completion or Taking Over by the Owner, whichever is earlier. 1. Damage To Third Party If any damage is caused to a third party due to execution of the Work, the Contractor shall indemnify and hold harmless said third party from and against such damage arising from said execution of the Work to the extent of the third party insurance cover taken by the Contractor as per the terms of the Contract Agreement. 1 Work Not Executed In Compliance With Drawings Or Specifications (1) If any portion of the Work is not executed in compliance with the Drawings or the specifications, the Contractor shall promptly repair or correct such portion at its own expense in accordance with the instructions of the Owner. In such case, the Contractor may not make a claim for an extension of the Contract Time. (2) If the Owner has reasonable doubts as to whether any portion of the Work is executed in compliance with the Drawings or the specifications, it may, upon notice to the Contractor stating the reasons therefore, uncover such portion as is necessary for examination. (3) Ifthe portion uncovered and examined in accordance with Paragraph (2) of this Article is found not to be executed in compliance with the Contract Drawings or the specifications, the expenses for uncovering and examination shall be borne by the Contractor. If, however, the said portion is found, after uncovering and examination, to be executed in compliance with the Contract Drawings and the specifications, the expenses for uncovering, examination, and restoration shall be borne by the ‘Owner, and the Contractor may, upon expressly stating the reason(s) therefore, make a claim for a necessary extension of the Contract Time against the Owner. (4) ifthe Contractor, willfully or with grass negligence or material fault, fails to execute the Work or if the Contractor, despite of its awareness of such nonconforming execution of the Work, fails to give ‘advance notice thereof to the Owner, then the Contractor shall not be relieved from the responsibility for that portion of the Work; provided, however, that the Contractor shall not be responsible for any failure provided for in Paragraph (4) hereof if the Owner fails to give proper instructions although the Contractor has given advance notice of such nonconforming execution of the Work. {4 Ambiguity And Discrepancy In Drawings, Specifications And Conditions Page 33 of 42 oYIf the Contractor discovers that any of the following events has occurred, the Contractor shall immediately so notify the Owner in writing: a. Any ambiguity in the Drawings or the specifications, or any discrepancy between the Drawings and the specifications, or any error or omission in the Drawings or the specifications; b. Any discrepancy between the actual conditions and those indicated in the Contract Documents as to matters such as the physical conditions, geological features, underground water conditions or the restrictions on execution of the Work at the Site: or ©. Any obstruction to execution of the Work at the Site that was not foreseeable, such as ground pollution, adverse underground obstructions, or possible buried cultural property. I& Objections In Regard To Persons Concerned With Work If the Owner considers the performance or management of the Work implemented by any of the Contractor's Superintendent, Supervisory Engineer or Chief Engineer, or other employees, or subcontractors or their laborers materially inappropriate and improper, then the Owner may, by expressly stating the reason therefore in writing, require the Contractor to take necessary actions. If the Contractor considers any actions taken by the Owner's Representative, who is in charge of the Contract Administration is materially inappropriate and improper, then the Contractor may, by expressly stating the reason therefore in writing, require the Owner to take necessary actions. 1% Completion And Inspection (1) Upon completion of the Work, the Contractor shall confirm that the Work has been executed in compliance with the Contract Documents and shall request final inspection by the Owner, and the Owner will promptly respond to such request and conduct the final inspection of the Work in the presence of the Contractor and prepare jointly a list of pending works/ defects. The defects/ balance works pointed out by the Owner during such joint inspection would be rectified/ completed by the Contractor as per the schedule of rectification/ completion submitted by the Contractor. If such Joint. Inspection does not include any major or critical balance/ defective work which affect the Owner's operations, then the Owner shall issue the Certificate of Practical Completion within 7 (Seven) days of receiving the Schedule of Completion of items of Works mentioned in the Joint Inspection from the Contractor. In the event the Owner Takes Over and occupies the Works after Practical Completion of Works, pending completion of balance/ defective work by the Contractor, the date of Taking over/ occupation of the Works by the Owner shall be deemed to be the Practical Completion Date and the Owner shall be deemed to have issued the Certificate of Practical Completion as on that date. (2) The Owner shall issue the Certificate of Practical Completion/ Taking over Certificate on the date on which the Owner takes over the Site and the Works. The fact that the Owner occupies certain areas of the Works to start the installation process as specified in the Contract Agreement will not be deemed to be the Taking over of the Works and will not be construed as having issued the Certificate of Practical Completion. (3) The Contractor shall remove the temporary construction facilities, clean up the Site, and take such other actions as appropriate within the Contract Time or within the period specified by the Own: provided that, if the Owner issues instructions to the Contractor as to how to take such actions, the Contractor shall comply with such instruction. Page 34 of 42(4) If the Contractor delays in taking any actions provided in Paragraph (3) of this Article and, even after having received a notice from the Owner, still fails to carry out such actions without a justifiable Teason, then the Owner may take such actions in lieu of the Contractor and charge the acti ual & reasonable expenses incurred therefore to the Contractor. 1 Further, to ensure good progress during the execution of the work, the contractor shall be bot und to comply with the interim milestones listed herein. ‘StNo. Milestones Of Completion nD ‘50% of cost incurred 60 days 2D 75%o8 cost incurred 90 days HEALTH, SAFETY & ENVIRONMENT (HSE) MANAGEMENT CLAUSE(Applicable to both LSTK and 0 &M portion): 18.1 SAFETY AND SECURITY CODE FOR ONGC: The purpose of the safety code is to safeguard against the mishap and damage to the men, material, Environment and machinery while carrying out the work in ONGC areas including associated satellite Earth stations. The contractor must adhere to the code to ensure complete safety. No smoking shall be permitted. Carrying match boxes or lighters inside the ONGC area is strictly prohibited. These must be deposited at Main Gate with CISF. Use of Mobile is strictly prohibited in plant area Entry of automotive vehicles within plant premises is prohibited unless authorized by Vehicle Entry Permit issued by competent authority. Apart from this separate permission is required from control room for entry of vehicle into battery limit of plant area. No work in ONGC area is to be carried out unless authorized by work permit issued by competent authority. No hot works which produce open flame sparks or any ignition source etc. is carried out in the ONGC area unless such work is authorized by Hot Work Permit issued by competent authority. Itwill be the responsibility of the contractor to ensure that specialized safety appliances supplied by the company are used with care, Any damage to such equipment will be recovered from the ‘contractor. ‘Contractor must comply with ONGC's procedure of ‘Near Miss / Incident reporting’. A report in this respect must reach in time to Engineer-in-charge (EIC) of ONGC for further action. Contractor's worker shall not tamper or interfere with any machine or equipment in the operating area, He should use, adjust and repair equipment only when authorized to do so. Never meddle with switches, controls, levers, valves, etc. Strict compliance with all plant safety rules, cautionary signs and verbal safety instructions shall be followed. Keep work place tidy, dispose-off waste material in the containers/bins provided at designated places. Use right tools for the job to perform job safely. Bringing in or being under the influence of intoxicant or narcotics inside the plant premises is prohibited. “Any situation likely to affect the safety of any employees or other co-workers must be promptly reported to the Engineer-in-charge. Page 35 of 42+ Loitering inside the plant area is strictly prohibited. * Cover OWS, Steam, water, funnel points, manholes, vents, dré Fire blankets. * Allphoto passes or tokens issued shall be surrendered to security section immediately after the expiry or termination of contract. Security deposit will be refunded only after submitting clearance from security section, Loss or replacement of the same shall invite penalty as per the prevailing rules of ONGC. ‘+ Allexisting and amended safety, fire and security rule of ONGC are to be followed within plant without fail. In addition to the above basic safety code, all contractor's workers will have to undergo safety training before employing them for actual work. ONGC Uran HSE department will make necessary arrangement to conduct such safety programme for contractor’s employees. Contractor must ensure that this training is received by all his employees. and valves in the vicinity with 18.2 ISSUE OF PHOTO GATE PASSES: For entry to ONGC, Uran Plant and its associated satellite stations photo passes will be issued by ONGC Security department, for which necessary formalities as required by security department are to be ‘complied with by the contractor. All the charges in this regard shall be borne by the contractor. ‘The successful contractor who has been awarded the job shall apply in the prescribed Proforma for issue of photo gate passes of their workers and site supervisors well in advance before actual start of work. ‘The successful contractor shall submit police verification report for verification of antecedents of each worker to be deployed by him at ONGC's site. On production of such reports, photo passes to these persons will be issued by ONGC Security department as per procedure. No claim from contractor whatsoever on this account shall be entertained by ONGC. For contractor's personnel who will be required to work at site for more than 3 days, entry passes will be issued only against police verification certificate for those individuals. No entry passes will be issued without proper police verification certificate. ‘The contractor shall secure temporary identity cards i.e. photo passes from the Security Section, ONGC, Uran for his personnel and provide PPE (overall, safety shoes and helmet) as preventive safety measure to all employees during the execution of the work. The contractor's staff shall get all directives regarding “safety” from the Engineer In-charge of the site and will abide by all safety rules and regulations. Contractor shall provide medical fitness certificate of employees from a registered medical practitioner, if required by Engineer-in-Charge. ONGC reserves the right to ask the contractor to replace any person due to misbehavior or lack of knowledge. Replacement is to be provided immediately. 18.3 LEVY OF FEES FOR ISSUE OF SMART CARDS: a) Initial issue of Smart Card is to be free of cost as is the existing practice in ONGC. b) However, in the event of change of contractor, damage of stickers etc. a sum of Rs. 100/- is to be charged towards administrative and stationary expenses, by way of Demand Drafts in the name of Manager (F&A), ONGC, Uran. 6) Incase of extension of contract period equal to or less than 60 days and also for endorsement for visit to additional locations, the sticker is not to be changed. Necessary record has to be created in the system. The present system of endorsement on a photocopy of the card is to be continued by the CIC towards confirmation of extension of validity in the system. No charges are to be levied for this. Page 36 of 42d) Fees i. Duplicate Pass against lost Card : Rs 1,000/- fi, Loss of Card for second time : Rs 2,000/- iii, No further issue in case of third time loss. iv. Change of stickers : Rs 100/- v. Loss of Old Paper Card NED Pass : Rs 250/- e) Procedure: Whenever, a contractor needs a change of sticker / replacement of lost / damaged card, he will submit his application (in prescribed proforma) along with prescribed fees to the Card Issue Centre through the Project In-Charge. In case of ost pass, he will enclose the FIR in original along 18.4 RETURN OF PHOTO GATE PASSES: All the photo gate passes issued to the contractor's workers/site supervisors have to be surrendered essentially after completion of the work. Against the loss of any of the photo gate passes issued to the contractor shall invite penalty as mentioned above as decided by ONGC from time to time. If the contractor withdraw any of their employees deployed at the site of ONGC, Uran during the execution of the job, itis advised to surrender the photo gate pass immediately to In-charge CISF - Pass Section, ONGC Uran and submit the proof of cancellation of the said photo gate pass to In-charge Contract Cell. Any outstanding photo gate pass against the contractor will lead to non-clearance of their final bill after completion the work. 48,5 HEALTH, SAFETY & ENVIRONMENT (HSE) MANAGEMENT DURING CONTRACTS ecanve ‘Accident free execution of all works/contracts Goals 1. To provide a HSE guide to the prospective bidders/contractors, so that they are made aware of the prevailing HSE practices at ONGC Uran Plant and expectations from the contractors. 3b This should guide them in appropriate costing of the project, and also help them execute the contracts in a safe manner. Please note that ~ ‘The HSE requirements of ONGC shall be explained to the bidders. ‘There shall be Pre job safety meeting between the successful bidder and ONGC, before start of the work. ‘There shall be regular safety meetings during the execution of the contract. In case, the contractor has a HSE manual; there shall be a bridging document between ONGC & the contractor for common understanding, vvvY CLAUSE INSTRUCTIONS TO BIDDERS / CONTRACTORS ON HEALTH SAFETY & ENVIROMENT (HSE) (GC Uran Plant, everyone (employees of all kind including contractual, and visitors) has to while at ON pra dhere to Acts, Rule and Regulations issued by Central & State Government (ie. Govt of India and Govt. of Maharashtra) eg, Petroleum Act, Factories Act, Environment Protection Act, Labor Act etc 2, Follow ONGC's HSE policy which is issued by the Chairman & Managing Director ONGC. 2 Follow Health, Safety & Environment practices as per national and international benchmarks. ONGC Uran plant has been certified for Quality, Health, Safety & Environment (QHSE) Integrated Management System vonsisting of [SO 9001:2015, ISO 14001:2015 and OHSAS 18001:2007. 14, Adhere to Standards & Codes for products and work practices followed at ONGC Uran Plant as per national nal benchmarks. . g. IS, API, NEMA, ASTM etc. Page 37 of 42 and intern: o5. Adhere to the specific rules and procedures followed at Uran plant for ensuring safety as tabulated hereunder: Gate pass for entry in plant/office Vehicle entry permit for entry of vehicles in plant and in process area Permit To Work system for carrying out Hot jobs, Entry to confined spaces, ‘working at heights, Excavation, Cold works, Electrical lock out, Radiography Incident reporting system for reporting any undesirable incident and near miss. Change Management system for carrying out any change / modification in the plant Personal Protective Equipment to be strictly used while working Tool Box Talk ‘before commencement of any job The details of above systems and other safety precautions along with written procedures and document flow charts etc. will be given at the time of Pre Bid conference / signing contract agreement. CLAUSE I The contractor has to particularly ensure the following - 1. Medical examination ~ Medical fitness of the employees for undertaking a particular kind of job should be ascertained before employment by Directorate of Industrial Safety & Health (DISH) approved certified surgeon. The employees deputed at Uran for work should undergo medical examination (pre-employment & periodical once in a year) as per provisions of clause 73-V of Maharashtra Factories Rules 1963. 2. Working hours - of their workmen are strictly as per provisions of Factories Act. 3. Lifting machines, chains, ropes, and lifting tackles - The use/inspection/certification of lifting machines, chains, ropes, and lifting tackles should be as per provisions of clause 64 of Maharashtra Factories Rules 1963. The record of inspection certification by competent person (approved by Directorate of Industrial Safety & Health) should be maintained at site. 4, Vehicle Entry Permit - Entry of Petrol and CNG vehicle is prohibited in plant area. Only the vehicles having valid permit are allowed inside the plant. The contractor shall ensure that the vehicles intended for entry in the plant fulfill the requirements of Vehicle Entry Permit. This requires that the vehicle should be in roadworthy condition, and must be fitted with PESO approved spark arrestor. Some of the necessary documents are driver license for the appropriate class of vehicle, load test certificate for the cranes, fitness certificate from RTO, permission for carrying of hazardous chemicals, insurance, PUC, registration etc. Please note that with such vehicle entry permit, the vehicle can move in white areas/roads of the plant. For entry in process area, separate permission from shift in-charge shall be obtained. Contractor must instruct the drivers / crane operators for safe driving / crane operations and maintain maximum driving speed @ 20Km/Hour. 5. Scaffolding - Scaffolding material should be of industrially accepted high standard, normally should be made of steel/ metallic frame and tested for the load as well as stability. It should be 18 erected by scaffolding professionals. Scaffoldings should be inspected daily and certified fit for use. Record of such inspection is to be maintained. 6. Temporary electrical connections ~ Requisition for temporary electrical connection should be made in a standard format. The wiring should be such that, there is no scope of electrocution and burning/sparking, ‘The earthing/bonding and the insulation should be proper and of adequate rating, Separate earth pits to be made ifrequired. The cable and the fittings should be of proper rating. Protective relays should be installed Wherever required. The electrical fittings/panels shall be weather proof/ flameproof depending on the place ofits location, Plant’s hazardous area classification shall be referred for this purpose. Each feeder shall be sealed so that there is no possibility of entry of any rodent, lizards etc, Power distribution board shall have adequate ingress protection. Rubber mat shall be placed on the floor around the distribution board, 7. Barricading - Ifa hot job is to be carried out within the battery limits of running unit or within hazardous area; adequate barricading in form of welding booth or barricade made from tin/asbestos sheets should be provided. Page 38 of 42,8. Simultaneous operations - Operations which are potentially hazardous must not be undertaken imultaneously. For example; blinding/de-blinding of hydrocarbon pipelines should not be done when other 6 hot job (cutting /welding) is going on in the near vicinity. |. Hand tools - The hand tools used must be of standard make and fit for use. If work is to be done within the battery limits of running unit or within hazardous area; utmost care shall be taken for prevention of spark While using the hand tools. The hammers and scrapers in such case should be of brass. 10. Environment protection - The contractor while working in the plant area shall ensure that their activities / operations do not contravene with the Environment Protection Act 1986 and the rules therein. The contractor shall ensure that the hazardous waste generated by him is disposed-off safely as per MPCB requirements. 11. Gas detection system - There is an existing gas (Hydrocarbon) detection system in the plant. In case of longer duration works; the contractor shall install his own hydrocarbon gas detection system with suitable number of detectors, annunciation panel and hooter within his work area. For short duration works, regular monitoring by portable gas detectors shall be done. Also, in case of any gas/fire alarm or siren from the plant or contractor's work area, all hot jobs must be stopped immediately. 12. Excavation/Trenching/ Road cutting - As a part of excavation permit, it is required to obtain clearance from electrical, instrumentation & infocom departments. Care shall be taken for avoiding caving in of the dug up trench. This may require providing additional supports or temporary supporting structure on the inside walls or proper angle to the side walls. Adequate bank slope shall be made as per soil type. The excavated soil, stock pile or heavy equipment should be kept at least one meter away from the trench. Safe means of getting in and out of the trench should be made near to work area. In case any job requires ‘road cutting’, special permission from competent authority shall be obtained before start of the work. 13. Confined space entry/Vessel Entry - No person shall enter the vessel / confined space without a valid vessel entry permit. The permit requires testing of air sample in the confined space/vessel. The air in the confined space/vessel must be suitable /safe for human consumption. No person shall be allowed to work in the confined space/vessel for a longer duration. Record must be maintained for personnel entry and exit from the confined space vessel. The work in confined spaces should be done as per Buddy system. 14. Radiography - Only authorized persons shall handle the radioactive materials. The area must be cordoned off properly. 15. Working at height - All works above two meters height must be done with a valid Hot Work Permit. Persons ‘must work with proper safety belt and harness secured properly. Italso should be ensured that there is no other simultaneous work going on just below the work at height. 16. Hot works - Any job involving naked flame or any job involving/creating spark or high heat are termed as Hot Works and a valid Hot Work Permit must be obtained for such jobs. This is required 19 to be renewed in every shift. It has to be ensured that the area where such a job is to be carried out is free from combustible materials. 17, Material handling - No one is allowed to ride on blocks, hooks, and suspended loads. Guy ropes must not be fastened to existing equipment, pipeline, tank supports, Load must not remain supported for an unreasonable Jength of time by any means (Mechanical/ Hydraulic etc.) Suspended load must not be left unattended. 48. Gas cylinder ~ All gas cylinders must have a valid test certificate. The contractor must use only the certified gas cylinder within their validity period. The contractor must adhere to Explosives Act 1884/ Gas Cylinder rules 2004/ Gas Cylinder rules 2016 while using gas cylinders in the plant. 1419, Machine tools ~ Machine tools eg. grinders, cutter etc. must be ISI certified/standard make and safe for use. 20. Housekeeping - The contractor shall maintain proper housekeeping in their work area in order to ensure safety and good environment. It should be ensured that the work area is left clean at end of the work. Contractor's vehicle, equipment, tools and tackles should not cause hindrance in the escape route, 24. Welding and Gas Cutting - Proper permit is required for any welding and gas cutting job. Gas Cutting/welding cylinders must be fitted with Flash back arrester and check valves. 22. Ilumination - It should be ensured that, all the works are carried out in adequate light for proper viii 23, Training & Competency - The contractor employees should undergo safety briefing, tool box talk and formal training in safety (in-house or external). In case of contracts, involving a large number of persons, an adequate number of persons must be trained in first aid, It will be contractor's responsibility to ensure that their employees are competent to perform the job assigned to them. Page 39 of 4224. 25. 26. 27. 28, ‘Security - The contractor must employ personnel only after police verification. The personnel must have valid gate pass for entry in the plant. The passes shall be renewed periodically and on completion of work. ‘The passes shall be returned to the security section without fail. It also must be ensured that, their employees leave the plant premise after duty hours. Personal Protective Equipment (PPE) - The contractor must provide standard quality Personal Protective Equipment (PPE) like cotton dungarees, industrial shoes & helmet and their workmen deployed on the work must use PPE as per job requirement. Apart from these, appropriate PPE depending on the job like safety goggle, safety belt, gloves, ear plugs/mufts, dust masks, chemical suit, welding gloves and glass etc. should be provided to his workmen before start of the work and ensure that they wear it while working. EIC/Executer must ensure that all the necessary PPEs are provided to the workmen/supervisor before forwarding, requisition for preparing passes. Emergency Response Plan - The contractor should have an Emergency Response Plan for the job undertaken. This should dovetail with ONGC’s Emergency Response Disaster Management Plan. Audit/Inspection - The HSE performance of the contractor is subject to audit/inspection by ONGC officers. Accident/Incident reporting - All near miss, minor/major accidents/incidents shall be reported /recorded as per existing procedure at ONGC Uran Plant. Also any unsafe condition should be brought to the notice of Engineer in-charge. The contractor shall submit a report on HSE performance during periodic project review meeting. CLAUSE III GENERAL SAFETY & SECURITY NORMS WHILE WORKING IN ONGC Do's 1 7. 8 9. 10. 11. 12. 13. 14, 15, 16, 17. 18. 19, 20. Ensure an operational area entry pass (pink colour) before entry into operational areas (Operational areas include CSU, GSU, LPG, CFU, C2C3, LAN/LPG/C2C3 storage, Terminal, Slug catcher, Flare area, gas, compressors etc.). Those who do not possess the valid pass should not enter the operational area. Before starting any job, make sure that you have obtained necessary ‘permit to work’ from ONGC. ‘Tool Box Talk prior to commencement of any hot job is mandatory. In case of chemical spill on the body or in the eyes, use safety shower to wash immediately. Contact Occupational Health Centre (Tel No. 4555 to 4559) or bring the affected person to the doctor immediately. ‘Adequate number of certified First Aiders should be available with the contractor at site. In case of ‘emergency, these first aiders should respond immediately. ONGC Doctor is available at Occupational Health Center/Dispensary. Use only safety torch certified for use in hazardous areas. Remove all flammable materials from the site of welding (e.g. dry grass, gunny bags, tarpaulin, wooden plank etc) Incase offre, inform fie station (Tel No. 4444, 4445, 4446) immediately Use only brass tools (or non-sparking tools) while working inside the operational area. Ensure that during arc welding, the electrode holder is effectively insulated and properly maintained. Use flame proof connection for portable machines Provide handrails at the sides of the scaffold walk ways to avoid any fall ‘Avoid shock loads e.g. dropping heavy objects or jumping on the platforms. Keep wrenches and spanners free of oil and grease to avoid spillage from hand, While working at height on scaffold, use proper container to keep the tools when not in use. Replace or repair hand tools e.g. hammers, wrenches, screw drivers etc. if found defective, Dispose off all oil rags, rubbish and papers into proper bins. Report even smallest injury to the doctor and also to the supervisor. Park the crane in safer place, when not in use, with parking brake and it should not obstruct movement of any vehicles. - Keep tall portable ladders in a safe place, when not in use. Wear safety belt /harness and lifeline while working at height. Page 40 of 4221 Obtain permit for carrying vehicle, crane, engine driven pump, engine driver vibrator and concrete mixer into 22. poorating. Plant area. 23. Che ge’ Of the height while moving below overhead electric transmission lines. 2a. nett Periodically the condition of slings. Use only tested slings for lifting of loads. Hug Contractor's employees should not use compressed air to clean clothes, hair or hands, as the pressure is ‘igh enough to cause injury. Explosive liquids such as Naphtha etc. shall not be used as cleaning agent. Use 25, only approved cleaning agents. - High pressure water from fire water or service/cooling water lines should not be used for cleaning/bathing. Dont’s 1. Do not carry lighters, match boxes, transistors, ordinary torches, camera or any other electronic/ electrical items inside the operational area. Use and carrying of Mobile Phone is prohi 2. id inside plant area. 3. Do not jump over/ cross the operational area fencing, 4. Never smoke inside the plant. 5. Do not use any portable hand lights in any location inside the operational area unless explosion proof. 6. Do not use welding set, ifit is not properly earthed. 7. Never use any make shift electrical connections. There should not be any loose electrical connection. 8. Never carry electrode holder in the arm, since itis often sweaty. 9. Do not enter any confined space like sump, tank, vessel etc. without permit. 10. Do not cut any road without permit 11. Do not hook up any job or carry out any welding, cutting close to the operational area without permit. 12. Do not stand on any piping/tubing, Also do not tie any rope/sling to any piping/tubing, 13. Do not operate any kind of valve, switch, push buttons ete. without permission of ONGC Engineer In-charge. 14, While using crane, do not swing a load near people. 15. Never look directly to the arc produced when welding without eye protection. 16. Do not panic in any emergency. On hearing of plant's main siren, stop all hot jobs and contact your supervisor and ONGC engineers at site for further action. 17. Do not block the ways for emergency ai 18. Do not rest under moving load of crane. 49. Do not walk along the sides of any excavation, 20. Do not use a defective tool. 31, Do not run or shout inside plant unnecessarily. 32. Do not loiter near any operating unit, unless you have a job to perform. 23. Do not walk on pipelines. 24, Do not play with compressed air hose, steam ete. 35. Do not use full/ empty drums as work support for any job or in place of ladder. 36, Do not use air, water, steam hoses unless they are properly secured, 37, Do not try to dry your clothes on steam lines or any other hot surfaces Do not leave tools or materials at height where they may accidentally fall on persons below. 36. Do not consume alcoholic drinks within the plant area. 30, Do not use shoes with nails. 31, Do not misuse, tamper any firefighting equipment. Do not use fire water for any other purpose (eg. washing hands or clothes etc) * Never go nearer to any high voltage source, unless authorized. 34, Do not park the crane in any place to cause hindrance to others, Never over load the crane or any other lifting device. Notice safe working load (SWL) should be displayed on the lifting device. oo Do not use a ladder, which is defective in any respect eg, broken, missing or split side rails or rungs. Do not throw rubbish here and there. Never misuse/ tamper protective kits. Do not allow accumulation of dry grass/vegetation at any place. eo Page 41 of 42SLAUSE IV MISCONDUCT ‘The under mentioned acts of the employees of the Contractor, shall amount to misconduct and the employees concerned shall be liable to disciplinary action: 1, Tampering Fire Extinguisher in no Fire condition. 2, Using Fire buckets, Fire hydrant, delivery hoses & branches for any purpose other than fire fighting without the knowledge of Fire Department. 3, Smoking in ONGC premises. 4. Carrying gas lighter, Mobile Phone, match box/ battery operated (unauthorized) equipment in operational areas. 5. Carrying vehicles without spark arrestor in operating areas. 6. Giving false fire alarm, intentionally. 7. Fighting, Gambling, Horseplay or other misconduct is not permitted on the site. Threatening another employee or visitor will not be tolerated. Non-compliance will result in disciplinary measure, which could include immediate expulsion. 8 Pushing or crowding at elevators, entrances/ exits or on stairways or on board of vehicles. This may endanger oneself as well as others. CLAUSE V ‘The contractor shall maintain following records at the worksite ~ 1, Pre-employment & Periodic Medical examination of their workmen 2. Inspection / testing of tools & tackles by competent authority of Govt. of Maharashtra 3. Work permits/lockouts and vehicle entry permits 4. Leave with wages 5. Duty roaster 6. Wages and Provident Fund 7. Any other document required by law Page 42 of 42