e) pepe KEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka Ref: - KEC/SC-109/WO/S&K Engineering Date: - 18.11.2020 To S&K Engineering Enterprises (PVT) LTD. 380,Udumulla Mulleriyawa New town, Sri Lanka. Tel: +94 112578736E-mail: info@snkentp.1k Kind Aten i! Tharindu Hashan Eknathgedara Reference: -Q/S&K/KEC/01-2020/2112/01-Rev.03 dt 6 Nov-2020 Subject: - Work Order for Land development (cutting filling earth removing debris, shrubs, trees etc,) Civil Works of - 220KV Switching station at Kerawalapitiva, Sri Lanka, Dear Sir, With reference to the above, you are herein awarded the Civil works as per attached Annexure for 220KV ‘Switching station at Kerawalapitiva, Sri Lanka. 1. Safety must be followed as per KBC BHS Agreement & KEC Safety Officer/Site In charge guidelines. Without PP’s no manpower shall be allowed to site. 2. Any items/part work done by KBC or any other agencies applicable for the project work, it will be deemed to be deleted from the scope & will not be applicable for claim. 3. Any items supplied by KEC or any other agency as per price schedule; the same will not be eligible for claim against this sub-contract. 4, ‘Timely all documents and reports to be maintained as per specification and client requirement and handover to KEC during Invoicing ‘The following agreed documents are enclosed herewith for reference and follow up: = Contract Agreement Price Schedule ‘Technical Specification, Work Methodologies. Safety Agreement You are requested to revert with a token of acceptance. ‘Thanking You, For KEC International Limited ‘NO’ Enclosures: - As mentioned above. Regd. Off.: RPG House, 1" Floor, 463, Dr. Annie Besant Road, Worli, Mumbai-400030, India, ~ Tel: +91-22-6667 0200+ Fax +91-22-6667 0260+ Web: www.leecrog.com ORPGKEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka ‘This SUB-CONTRACTAGREEMENT (“Agreement ’) is executed at M/S KEC International Itd., Sri Lanka on the 18" day of Nov'20 Between KEC INTERNATIONAL LIMITED, a company incorporated under the provisions of Companies Act, 1956 (CIN L45200MH2005PLC152061}) and having its registered ofice at REG House, 463, Dr. Annis Besant Road, Worli, Mumbai 400030, the respective Country Office at BAVE {3] (hereinafter referred to as “KEC” which expression shall unless it be oe te conti od meaning thereof be deemed to mean and include its successors and assigns) of One Part; And M/s S&K Engineering Enterprises (PVT) LTD 1 Proprietorship Firm incorporated under the relevant laws of Srilanka and having i846 380 ,Udurniullé Mulleriyawa New town (Sti Lenk’ (hereinafter referred to as the "Sub-Contractor" / “S&K” which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and permitted assigns) of the Other Part. In this Agreement, KEC and the Sub-Contractor shall jointly be referred to as “Parties” and severally as “Party” RECITAL, A. KECis an engineering, procurement and construction company engaged in the business of execution of turnkey projects related to power transmission, power distribution, sub-stations, telecommunication systems, railways, civil, cables, water and other projects in India and overseas; B. ‘The Sub-Contractor is engaged, inter alia, into the business of Land development works (cutting, filling and levelling of earth with borrowed earth removing debris top soil etc.,). C. _ KEC had submitted its bid for Substation Package - GREEN POWER DEVELOPMENT AND ENERGY EFFICIENCY IMPROVEMENT INVESTMENT PROGRAM TRANCHE 2 - PACKAGE 9: 220Kv SWITCHING STATION AT KERAWALAPITIYA of M/s CEB SRILANKA) (hereinafter referred to as “Client” / “Employer” / “CEB” which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) pursuant to which KEC was awarded for above specified work on 02.07.2020 For Plant Design, Supply & Installation Services for 220kV Switching station at Kerawalapitiya associated with the GREEN POWER DEVELOPMENT AND ENERGY EFFICIENCY IMPROVEMENT INVESTMENT PROGRAM TRANCHE 2 by the Client for execution of the Project (hereinafter referred to as “Project”) D, _CEB shall be the “Owner” or “Employer” of the project. E. _ KEC is now desirous of sub-contracting a part of the Civil Construction works associated with the above Project; F. M/s S&K Engineering Enterprises has expressed its willingness to be a sub-cont perform a part of the sub-contract work.for 220kV GIS Switching Station associated with the above stated Project. NG Regd FF: RPG House 1 oor, 463, Or Anne Besant Road, Wort, Mumba-400020, ni Er RE Tel: +91-22-6667 0200+ Fax #91-22-6667 0260+ Webs www. ecrp2.co ORAGKEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka ‘The Parties are entering into this Agreement to lay down the terms and conditions on which this sub-contract work will be executed by the Sub-Contractor. NOW THIS AGREEMENT WITNESS AS FOLLOWS: L. Lal 2.1 2.2 2.3 2.4 pao @ PURPOSE OF AGREEMENT By executing this Agreement the Sub-Contractor undertakes to execute the sub-contract work as elaborated in Technical Specifications (TS) of the Client for the project and as defined in Price Schedule (enclosed at Annexure-I), Technical specification /work Methodologies (enclosed at Annexure-II), Safety guidelines(enclosed at Anncxurc-IIl) and in accordance with the terms and conditions of the Technical Specification and Conditions of Contract of the Client and this Agreement to the extent applicable. CONTRACT DOCUMENTS KEC has provided the Sub-Contractor with a copy of Work Methodology /Technical Specification / FQP formats and Conditions of Contract of the Client for the purpose of the execution of the Sub-Contract Work under this Agreement in compliance with the terms and conditions stated therein. ‘The Sub-Contractor declares and agrees that they have pursued all the requisite documents pertaining to the “Project” for the purpose of execution of the Sub-Contract Work and has understood it properly along with its implication on cost and time. The Sub-Contractor further declares that they have seen the site of the Sub-Contract Work and fully understood the Sub-Contract Works site conditions, the geographical conditions, the terrain, nature of soil, the general labour position, the prevailing ‘social and political conditions therein, law and otder, situation and the laws and regulations of the state where the Sub-Contract Work is to be executed and have accepted to sign this Agreement on the basis thereof, ‘The FQP/Technical Specification and Conditions of Contract of the Client, to the extent relevant to the scope of this agreement, shall form an integral part of this Agreement. ‘The provisions relating to standards, specifications, applicable to the works under the Contract between KEC with the Client shall be deemed to be incorporated in this Agreement and shall apply to this Sub-Contract Work as well. SCOPE OF WORK ‘Technical Specificatios In execution of the Sub-Contract Work the Contractor shall ensure and be responsible for the following: ‘The Sub-Contract Work shall conform to the technical parameters and specifications of the Client for the Project it also shall meet the testing’s (as applicable) and other technical details as provided by the Client in the Specification. The scope of work shall includs development/platform preparation for 220kV Switching station Kera and including all works as detailed in Bill of Quantity detailed in Ai client's technical specification /worke methodology in Annexure-t a). Civil Works : g| \w\ You have to provide qualified civil and for other engineers as per requirement for executing the work. Organization chart & CV to be submitted for prior approval of KEC. eee SIS if (AN Regd. Off.: RPG House, 1* Floor, 463, Dr. Annie Besant Road, Worli, Mumbai-400030, India. «a Irn, 491-22-6667 0200+ Fax +91-22-6667 0260 Web: www-kecrpg.com ‘a RPG re3.2 3.3 KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka (ii) Loading & unloading of all civil related materials is in your scope. All the civil related & electrical materials will be handed over to you as soon as the material reaches at site (which is not in your scope). Storage & safe guarding of the T&P and other civil related material is in your scope. Any kind of theft / missing items will be recovered during execution of work. You must arrange the security of the materials and T&P at site during the work execution period and also manage a record for all materials issued and received at site with both parties signed, (iil) FIELD QUALITY PLAN: All the works must be carried out as per the specifications & Work Methodology of the Owner/Employer or KEC also instructions of Owner/Employer and / or KEC’s Engineer. As per the FOP you have to submit the signed and approved test reports in time. (iv) WATER & ELECTRICITY: You shall make your own arrangement for water and Electricity as per the requirement of the project execution. In case of non-availability of Grid power due to unavoidable circumstances, the contractor's must arrange himself at his own cost so that progress of work is not affected. KEC shall in no case be responsible for any delay in works because of non-availability or inadequate availability of electricity, water etc. You have to make alternate arrangement for the same by way of DG set along with fuel and all consumables at your own cost. (ISITE MOBILZATION: You have to mobilize all the manpower, T&P and all other related material within 07 days from the date of issue of written instructions from the Project Manager or from the date of issuing LOA. Mobilization shall be sufficient T&P, qualified manpower to complete the work in 02{(6¥6) months from the date of written instructions from the Project Manager. (vi) CONSUMABLE MATERIAL: Any other item not mentioned and required for the completion of said Job is deemed to be included in your scope of work, (xi) Any modification, improvement to the Sub-Contract Work necessary to meet Client’s specifications will be done by the Sub-Contractor without any additional cost implication to KEC. (xii) The scope of work under this agreement shall also include all such items which are not specifically Pe mentioned in the Client’s specification but are necessary for the successful completion of the scope of work under this agreement, (xii) The above scope of work is brief and detailed scope of work shall be as per the Client’s Technical Specification and Conditions of Contract. Inspection and Testing 3.2.1 All tests and inspection of the Sub-Contract Work as per the Client's specification shall be performed by the testing agency in presence of the representative of the Client and/or representative of KEC. In case there is non-compliance due to quality issues/qualifying requirement for meeting technical results as per Client's and/or KEC's specification/ manufacturer's guidelines and/or instructions, then financial implication on account of the same shall be to the Sub-Contractor’s account in line with Client’s and/or KEC’s norms and/or instructions. Tima aa sO (The Sub-Contrector shall submit to KEC, lists indicating the mi Cedinicioas aul tas various carapace of Workers eotinpe with beginning of te Sub-Contract Work and incase of any change inf the deta regarding such change and replacement shall be inform Tonk 38 regula buss. All workers sb appointed by the Sub-Contrator should be s an iakah Shs ky endiquslty adlsachoos mast Eieinnd, nSactarasl md died Sie eae sy rks, before s cement, the Sub-Contractor. The Sub-Contractor shall also provide to KBC detailet Regd. Off.: RPG House, 1* Floor, 463, Dr. Annie Besant Road, Worll, Mumbai-400030, indi Tel: #91-22-6667 0200+ Fax +91-22-6667 0260+ Web: www-kecrpg.com a RAGKEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka and equipment deployed for the Sub-Contract Work and shall mect statutory and safety requirements. (i) The Sub-Contractor shall comply with all the requirements of this Sub-Contract and of the applicable law so as to bringing on to and removal from Sub-Contract Work site, constructional plant, temporary works, materials and other things and in so far as any items thereof are hired by the Sub Contractor, the Sub-Contractor shall comply with all the requirements of this Sub-Contract, Client's Technical Specification & Conditions of Contract and the applicable law as to the terms of such hiring’s and as to the giving of information and certificates in relation thereto. (ii) Cleanliness around the Sub-Contract Work site must be maintained all the times by the Sub- Contractor. {) The Sub-Contractor shall be solely responsible to provide all salaries, fees, perks, or social and employment benefits, as required by the applicable local laws or otherwise, for the employees of the Sub-Contractor, while executing the Sub-Contract Works and under no circumstances shall KEC be responsible for any of the above, 3.4 Insurance and Other Compliances (i) ‘The Sub-Contractor shall procure end maintain at its own expense insurance covering all operations under this Agreement to be performed by the Sub-Contractor, and in the minimum amounts required under this Sub-Contract, The Sub-Contractor will deliver to KBC evidence of the insurance so taken by them and premium receipts. Copy of the insurance cover shall be provided by the Sub-Contractor. (i) Sub-Contractor shall maintain & provide equipment, materials, contractors or their agencies’ workers insurance and fitness certificate as needed by Client /KEC. Sub-Contractor shall be finalized if there is any breakage/damage of any property owned by Client/KEC or any other Sub-Contracior to the tune of the total cost of replacement covering all incidental and consequential costs. Sub-Contractor shall take vehicle insurance towards this and shall furnish a copy of the same to KEC. ii) WORKMEN'S COMPENSATION INSURANCE: - Sub-Contractor shell be responsible for workmen's compensation insurance policy, which shall protect the Sub-contractor against all claims applicable under the workmen’s compensation as per the Srilankan Government. Copy of the insurance cover shall be submitted by the Sub-Contractor. (iv) Sub-Contractor shall confirm that they will comply with all government legislations, acts and labour rules as applicable in Bangladesh including the following: Labours/workers will not be minor. Minimum wages act will be followed as per act of respective state and / or Central Government. Attendance register/Gate Pass/Photo identity card will be provided. Over time will be paid for extra hours worked as per relevant rules. Leave record of workmen will be maintained. Holidays will be observed as per respective state and / or Central Gi and / or KEC’s site-in-charge instruction. Wages register of workmen will be maintained. Minimum bonus to all workmen will be paid. Full & final settlement shall be ensured to all workmen while lea Workmen compensation policy for all workmen will be taken by Su All labours shall be provided with safety equipment. Forced Labour: No labour shall be engaged by use of force, Peeege Pry pe RAG3.6 KEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka m, Health & Safety: Provide a safe and healthy work environment, take steps to prevent injuries, regular health & safety worker training; system to detect threats to health and safety; access to bathrooms/Latrines and Urinals and potable water. Freedom of association and right to collective bargaininy fo. Respect the right to form and join trade unions or association and bargain collectively p. Discrimination: No discrimination based on race, caste, origin, religion, disability, gender, sexual orientation, union or political affiliation, or age; no sexual harassment, q. Discipline: No corporal punishment, mental or physical coercion or verbal abuse. ©, Working Hours: Comply with the applicable act but, in any event, no more than 48 Hrs. per week with at least one day off for every 7 day period; voluntary overtime paid at a premium rate and not to exceed 12 hrs per week on a regular basis; over time may be mandatory if it is a part of a collective bargaining arrangement. Sufficient illumination & adequate safety is the Sub-Contractor’s responsibility during work at late hours, Sufficient tarpaulin covers are to be arranged for working during rain without hampering the target schedule. Labours/workers will not be minor. s. All labours shall be provided with safety equipment. (v) The Sub-contractor must maintain Wage Cards for his Laborers and observes all Labor Laws and Rules prevailing in the area. The Sub-Contractor shall in the manner provided by Law, pay to all employees employed by him in connection with this contract, wages at a rate not less than the minimum rate of wages fixed by the appropriate Government Authority under the minimum wages ‘Act for the class of employees engaged in the work similar to one under this contract. In case KEC is made liable to pay any Wages, compensation etc. all such expenditures will have to be reimbursed. by the sub-contractor. The sub-contractor will also be liable for all costs and expenses incurred by KEC, if KEC is made and / or forced to deal with any Labour Dispute arising out of sub-contractor labour and /or staff. (vi) Indemnity bond indemnifying KEC and his employees and directors against death/ accident for your Iabour/employee, theft, loss and damage to KEC’s material to be provided, (vii) _ In case of any nonpayment to your subcontractors, labors, suppliers, etc, KEC will pay the same and debit the same to your account. CONSTRUCTION MATERIALS i. STORAGE OF MATERIALS AND EQUIPMENT Matcrial and equipment’s required for execution of subject work will not be provided by KEC, rest all other material of required make, grade and quality and consumables shall be provided by you. Subcontractor shall be responsible for site receipt and shall be handed over on receipt at site, local transportation, and proper storage is in your scope of work, No damage to the stored material should occur at any time under any circumstances. Any damage due to improper storage shall be to your account and financial implication due to delay in work will be to to your account. Any shortfall for the material issued to you and not properly reconciled shall be recovered from you. Sub-Contractor has to submit the Consumption & reconciliation report for the same with every bill and /or on monthly basis as per instruction by KEC's Project Manager or his authorized representatives. ji, Material Reconciliation: The Sub-Contractor shall keep accurate record of Materials issued/received by KEC, if any for other items also maintain proper account for the Materials consumed in the Sub-Contract Work and shall keep such records open to check by the authorized representative of KEC. The Sub-Contractor shall ensure that the Materials are consumed for the ‘Sub-Contract Work only. 3.7 SITE-ORGANIZATION: i. Sub-Contractor shall deploy competent & qualified engineers/supervisors /technicians as per site requirement. All works shall be carried out as per Client and/or KEC specifications, instructions of Client and / or KEC’s engineer. The site organization shall be subject to KEC’s approval. However, any such approval will not mean thatthe Sub-Contractor will itractor will KEC's site irom be any necessity, recognized by the KEC’s site engincer/p: be bound to add/strengthen his site organization to the engineer. Sub-contractor should keep skilled /unskilled m; of the projectKEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka ii, Sub-Contractor’s Site Office Establishment: Sub-Contractor will make site office with cleetricity/water connection for his officials. The Sub-Contractor shall provide accommodation and transport for the workers and employees appointed by them and shall be responsible for providing such accommodation with drinking water and necessary electricity as well as necessary utilities and basic amenities and comply with all the applicable laws in this regard. 3.9 SITE ACCESS, WORK SCOPE, EXTRA ITEMS: - a) Sub-Contractor should take status of site location, site conditions, environment, storage provisions, access to site, availability of water & electricity, present site condition, requirement of cleaning, filling of earth & grass cutting / bush cutting (if any is in the scope of Sub-Contractor). b) No extra rates for any items of sub-contract and no extra works will be entertained by KEC at any point of time except prior written agreement between KEC and Sub-contractor. All touch-up works/ asked or issued punch-list points will be attended by Sub-Contractor without any cost implication on KEC. c) For any new item, which is major and entirely not covered in BOQ/specification/ drawings/ documents but required for work completion; rates shall be mutually agreed without any addition of overhead/profit for completion of all works. But same would be payable only in condition when there is written agreement between parties before taking up such works. 3.11 Measurement Methodology: All measurement would be paid as certified by Client and /or KEC (wherever applicable). 8.12 Tools & Plants and Raw material: - Sub-Contractor shall use good conditions tools and plants for execution of works like: Hydra, JCB, cranes, wire ropes, slings etc. and should be as per Client and /or KEC's requirement. No time extension will be issued for all this re-work condition. Sub-Contractor will need to mobilize additional manpower & put in additional time to recover anticipated delays to achieve milestones. In case of welding requirement at site, same need to be provided with qualified welders, standard welding rods as per Client and / or KEC’s specification or KEC’s requirements. All constructional plant, temporary works and materials provided by the Contractor shall when brought to the site, be deemed to be exclusively intended for the execution of the works and the Contractor shall not remove the same or any part thereof without prior approval of Client and / or KEC except for the purpose ‘of moving it from one part of the site to another part. 4. CONTRACT PRICE: The total contract price for executing the scope ‘contract agreement for Items mentioned in Annexure—I is LKR2,4561500/;(DKR! Twenty four Million Five Hundred Sixty one Thousand Five Hundred only) Prices are inclusive of applicable taxes and duties at applicable rates on civil works. The total price shall remain firm until successful completion of entire work and successful taking over of the works by KEC and / or the Client/Owner. Necessary statutory tax deductions as applicable shall be deducted. ‘This contract is on wait rate basis for complete itemized work in all respect and quantities are tentative, which may decrease and /or increase to any extent as per approved drawing during actual work execution. You hereby undertake that the above rates quoted by you are after site visit and understanding BOQ, specifications and scope of the said project and will not raise any elaims whatsoever on this account on KEC and/or Client. Terms of Payment For executing the Sub-Contract Work in accordance with the terms and conditions of this Agreement, the Sub-Contractor shell be paid the following payments: (a) 90% Progressive Payment:- 90% Progressive payment on ite letidh of all area any clearing, filling, side slopes, levelling to FGL, Sand filling will be " potiarea ‘where ieee ot el asar note sazning al yl be keaed hn Soh PG House, 1 Floor, 463, Dr. Annie Besant Road, Worl ‘Tel: 491-22-6667 0200+ Fax +91-22-6667 0260+ Web: wi RAG Regd. Off. irKEC KEC International d No.63, Averiwatta Road, Wattala, Sri Lanka duly certified bills & certification of Joint Measurement by Client/Owner (Back to back) with all documents including royalty challans, material reconciliation report signed by authorized representatives of KEC & Sub-Contractor, Progress report against last month's target & next month’s progress plan, manpower report for last month && plan for next month. All cost, damages or expenses which KEC may have paid for which under the contract the Sub-Contractor is liable, will be deducted by KEC from any money due or becoming due to him under the contract or may be recovered by ‘action of law or otherwise from the Sub-Contractor (a) Balance 10% retention shall be released on fulfilment of following conditions: 1. Completion of all works of civil construction, issuance of TOC by Client/OWNER and successfully attending the punch-list points issued by Client/Owner and / or KEC- by the Sub- Contractor 2, Clearance of all workers, suppliers, any other payments / dues by the Sub-contractor in the market and submission of No due certificate by the Sub-Contractor. 3. Reconciliation of all Material, Bill, Royalty, Government Taxes & Duties, Statutory fees, deductions. 4.0n getting clearance from Client after liquidation of | punch _ points. (¢} The payments made to the Sub-Contractor are inclusive of all taxes and duties and shall be subject, to tax deduction at source as per the law. (The above prices are inclusive of Advance Income tax, which shall be deducted at source as per prevailing law from the running account bills and certification for the same shall be provided by KEC. (g) Schedule rates for various items shall be as per enclosed Annexure-1. Prices indicated therein shall be on FIRM price basis for the entire duration of this sub-contract including extended period if any. No other charges and Price Variation shall be admissible on any account whatsoever. {h)Sub- contractor shall submit copy of Tax registration before submission of 1* Invoice mandatorily. () BILLING: You must submit the RA bills along with all relevant documents like JMC, royalty, materials, lab test reports and other labour related statutory documents. JMC certification by client is in the scope of Sub contractor. Payment will be released within 45 days from the date of submission of monthly RA bill and Client certified Invoice along with proper documents. You shall raise the bill along with JMC signed by KEC, client and sub-contractor. (J) TAXES & DUTIES: TDS, royalty charges as applicable & all other applicable taxes & duties will be deducted from your monthly RA Bills as per the prevailing rates. 5.2 BILLING ADDRESS Sub-Contractor shalll raise the entire bill in the name of KEC International Ltd, No.63, Averiwatta Road, Wattala, Sri Lanka and submit same with detailed measurements to our site office in asked format & quality documents. Duration of Agreement Time is the essence of this Agreement and the Sub-Contractor sub-Contract (allotted) Works associated with days) with the following mile stones.72 8 EXITS FROM CONTRACT AGREEMENT-Either party can exit this conty KEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka Cleaning and clearing of water, debris, bushes, trees, unwanted top soil removal and disposal as per your submitted schedule and work methodology. ‘Source approval: borrowed earth. Sand filling and levelling 200- 250 mm thick. Approved soil filling, levelling in layers and compaction with roller/compactor 10T capacity ‘or more than 10t. Side slopes making and compacting Finishing with side slope final levels (existing plant ground level) Liquidated Damages In the event of the completion of the Sub-Contract Work specified in this Agreement gets delayed beyond mentioned date in clause 6.1 above for reasons attributable to the Sub-Contractor then liquidated damage shall be applicable as per rates detailed herein below: () In case you fail to complete the work within the completion schedule, KEC will levy penalty @0.5 % of per week for uncompleted/delayed portion. However, the (otal penalty on the contractor will not exceed beyond 5% of original contract value. This penalty is not linked with KEC’s contract with Client. In case of delay in completion of works beyond milestones dates, KEC has full liberty to levy LD in line with above clause on you irrespective of KEC’s contractual terms with Client. (ii) These liquidated damages shall be applicable on the Sub-Contractor’s default irrespective of the levy of liquidated damages to KEC by the Client. (ii) The liquidated damages shall be deducted from amounts due to the Sub-Contractor by KEC. Payment of liquidated damages shall not relieve the Sub-Contractor from the obligation to execute the Sub-Contract Work agreed upon. (iv) In case of non-compliance to asked specification, drawings & design guidelines/IS code/FQP/testing failure or low result values or deviations of tested material, poor quality and any other issue, same need to corrected by replaced material/work without effective project time schedule since TIME IS MAJOR ESSENCE OF CONTRACT EXECUTION and without any additional cost implication to KEC and / or Client. In case of non-correction of same, corresponding deduction will be made from your running bills or final bill with maximum value in line with deductions made by Client from KEC’s account. KEC can deduct due to non-performance on above mentioned reasons whether same is deducted / recovered by Client or not. ‘The Parties recognizes that the expense and inconvenience which is likely to be incurred from any need to prove the loss and damage that may be suffered by KEC in the event of failure by Contractor to complete the Works in accordance with the Contract schedules and the program. The Parties acknowledge that the Liquidated Damages are genuine pre-estimates of and are reasonable compensation for the loss and damage that will be suffered by KEC in the event of any such failure on the part of Sub-Contractor and the Sub-Contractor irrevocably undertakes that it will not, whether by legal proceedings or otherwise, contend that the levels of Liquidated Damages are not reasonable nor will it put KEC to the proof thereof, nor further contend that its agreement to such sum and undertaking as aforesaid were arrived at by force, duress, coercion, mistake or misrepresentation on the part of KEC or in any other way attempt to defeat the purpose of this provision. The Liquidated Damage shall not be construed as penalty. If the payment of Liquidated Damages is held to be unenforceable for any reason, Sub-Contractor shall be liable to pay to KEC actual losses and costs caused or to the extent contributed to by such failure for which Sub- Contractor is responsible, which shall be discussed and mutually agreed. month’s notice period and conditions for exit clause shall be as per the9.2 93 KEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka a. The complete 100% cost of the work completed as per provision of contract and 'S and for which JMC has been issued by client shall be considered for payment to the Sub Contractor. b. Cost of balance work which is not complete as per provision of contract and TS: - The cost of the work done to be evaluated based on the extent to which the work has been complete on the basis of price available in the sub-contract. The balance work which has not been executed by sub-contractor shall be got executed by KEC through other contractors and sub-contractor shall not have any claim for the balance work. Further, the payment shall only be released after the sub-contractor has given undertaking of meeting dll statutory requirement and issue ‘No Dues Certificate” to KEC. Ifapplicable, in the absence of Royalty challans to be provided by sub-contractor, deductions will bbe made based on applicable royalty rates 4. Recovery to be made for KEC issued material. Reconciliation to be completed within 10 days from the date of issuance of notice for exit from contract agreement or else KEC will be at liberty to finalize the reconciliation and recovery if any shall be made at market rate plus 10% overhead charges. €. Market liabilities and payments to labours to be cleared within 7 days from date of notice of exit from the contract agreement and no dues certificate to be submitted to KEC by the Sub- contractor. In case KIC is required to make such payments, the same will be recovered from the payment due to Sub- contractor. ‘Termination of the Sub-Contract ‘Termination of contract shall be applied in case of breach of contract by the contractor. The breach of contract by contractor shall be considered under following conditions: a. In case the Sub contractor does not mobilize with adequate manpower, raw materials and T&P as per requirement of the contract within 7 days of the due date in spite of requesting repeatedly (at least 3 times) by KEC. b. During execution ~ Sub-Contractor is lagging in work by 1 month (ic. repeated failure) from the agreed schedule with them in spite of repeated reminders (at least 3 times) by KEC to improve. During execution ~ Sub-Contractor is not mobilizing adequate manpower, raw materials and T&P fas per requirement of work schedule mutually agreed during signing of contract in spite of repeated reminders (at least 3 times) by KEC. 4. Sub-Contractor fails to meet the statutory requirement on three consecutive months in sj repeated reminders (at least 3 times) by KEC. €. Sub-Contractor fails to make payment to their labours and their sub-contractors on three consecutive months in spite of repeated reminders (at least 3 times) by KEC. Assigns the Agreement or sub-lets the whole or part of the Sub-Contract Works without KEC's previous written consent; or & suspends the whole or part of the progress of the Sub-Contract Works and does not resume it within fifteen (15) days after receiving notice from KEC to proceed; or bh. ifthe Sub-Contractor becomes bankrupt or insolvent, or commences proceedings for winding up, or a petition or application is made for the appointment of a liquidator, administrator or administrative receiver, or if an order is made appointing any such liquidator, administrator or administrative receiver and of In case to the sub-contractor is in breach of contract under above stated condition then notice of termination shall be issued with 15 days’ notice period to improve the situation. In case after 15 days no improvement in situation arises in that situation the Contract to be terminated and Bank Guarantee to be invoked, No dué payment shall be released to Sub-contractor and the halance gifeWE RB Executed by KEC through other contractor with the money due and BG money availa F Gate any excess money is availabe after exceution ofthe balance work and afer/Sycsin of evable LD as pe s contract then the same shall be returned to the Sub-contractor. WN \ us 1PG House, 1" Floor, 463, Dr. Annie Besant Road, Worli) 130, India. Tel: +91-22-6667 0200+ Fax +91-22-6667 0260+ Web: os RPG ee ee Rega. offo4 10. 10.1 rr ILL 12 12.1 12.1.1 (a) (b) fe) {d) fe) 12.2 12.2.1 12.2.2 KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka However, in case KEC must spent excess amount to complete the balance work then the same shall be recovered from the Sub Contractor as per provision of this agreement and / or law. Indemnity ‘The Sub-Contractor shall indemnify and hold harmless KEC and their employees, Directors and other contractors from and against any and all claims, actions, demands and proceedings of third parties whatsoever made against KEC including any (i) personal injury and death to any personnel, or for loss and damage to any property resulting from any cause arising out of and from any defect, in the Sub- Contract Work under this Agreement or (i) inaccuracy and breach or non-fulfillment of any of the representations or warranties made by Sub-Contractor in this Agreement (ii) non- compliance of Applicable Laws or (i) liability which KEC may incur to any other person whatsoever and against all claims, demands, proceedings, damages, costs and expenses made against or incurred by KEC for reason of any breach by the Sub-Contractor of the terms of this Agreement, Force Majeure ‘The provisions of the Client's bidding documents relating to force majeure shall apply to this Agreement. No Party may invoke the benefits of a force majeure circumstance with respect to the other Party unless the existence of such a circumstance has been formally recognized by the Client, in case of disagreement with the Client, by final judgment of the jurisdiction by which KEC shall have agreed under the Sub-Contract to have recourse for settlement of disputes. MISCELLANEOUS Representations and Warranties Each Party hereby represents and warrants to the other Party as follows: it is duly organized and validly existing under the laws of the jurisdiction of its incorporation; it has all necessary consents, approvals, to enter into and perform its obligations under this, Agreement; its representative whose signature is affixed below hereto is fully authorized to sign this Agreement; this Agreement shall constitute legal, valid and binding obligations of each Party; and neither the execution of, nor the performance of its obligations under, this Agreement, will conflict, with, or result in a breach of, or constitute a default under the memorandum and articles of association of such Party, or any law, rule, regulation, authorization or approval of any Governmental Authority, or of any agreement to which it is a party. Confidentiality ‘Throughout the term of this Agreement and for a period of five (5) years after its termination or expiry, each Party (Receiving Party) shall maintain strict confidentiality of the information /data of the other Party (Disclosing Party) that is disclosed by the Disclosing Party to Receiving Party in writing, including the terms of this Agreement and shall not disclose such confidential information/ data of the Disclosing Party to any third party by Receiving Party without the prior written consent of the Disclosing Party. The Receiving Party may however disclose the confidential information of the Disclosing Party to its employees, directors, officers. However, in case subcontractors, financiers, lenders, consultants, advisors, including potential advisors and those of its subsidiaries and affiliates who have a need to know such information in connection with the execution of this Agreement, the same can be disclosed only after seeking specific written consent of the Disclosing Party. The obligations undertaken hereto shall not apply to any information obtained, which is or becomes published or is otherwise generally available to the public other than in consequence of any negligent act or omission of the Receiving Party, or which is required to be disclosed pursuant to an order of a court, statutory authority, governmental agencies as per the applicable law. Sub-Contractor and by the Sub-Contractor to the Client and /or KE confidential manner and shall neither be used for any other purpose/ Regd. Off.: RPG House, 1" Floor, 463, Dr. Annie Besant Road, Worl ‘Tel: +91-22-6667 0200+ Fax +91-22-6667 0260+ Web: ww12.3 12.3. 124 12.4.1 125 125.1 126 12.6.1 127 12.7.1 127.2 12.73 KEC KEC International Limited ‘No.63, Averiwatta Road, Wattala, Sri Lanka issued nor handed over to any other person. The proprietary interest in the same shall always rest with the Client and / or KEC_ and these shall be returned to the Client and / or KEC on satisfactory completion of the Contract. The copies, duplicates, Photostats, etc. of the same shall not be retained by the Sub-Contractor without the Client’s and /or KEC’s written consent nor shall the Sub- Contractor use the same, in full or in part in any manner, in future for any other customer. This Clause shall also be applicable to all the Contractors of the Sub-Contractor. Any violation of thi clause shall be dealt with in terms of the laws of the land. Publicity Except as required by applicable law, the Sub-Contractor shall not publish or permit to be published cither alone or in conjunction with any other person any information, article, photograph, illustration or any other material of whatever kind relating to this Project, Agreement or KEC’s business generally, without prior reference to and approval in writing from KEC and /or Client. Relationship This Agreement is entered strictly on principal to principal basis. This Agreement shall not operate to constitute either Party as the partner, employer or employee of the other or representative of the other and none of the employees/personnel of the Sub-Contractor shall be entitled to claim any status as the employees of KEC. No Privity with Client Nothing herein shall be construed as creating any privity of contract between the Sub-Contractor and the Client and the Sub-Contractor shall not be deemed to be a third-party beneficiary to the Contract. The Sub-Contractor must not deal directly or comply with the directions of (a) the Client or the Client’s representative or (b) other contractors, without the prior written consent of KEC. Assignment ‘The Sub-Contractor shall not sub-contract or assign the whole or part of the works under this Agreement without the prior written consent of KEC and such consent if given, shall not in any way whatsoever relieve the Sub-Contractor from all or any of its liabilities or obligation under this Agreement and the Sub-Contractor shall be responsible for all acts, defaults, omissions and neglects of any assignees or sub-contractor{s}, his agents, servants or personnel as if they were acts, defaults cor neglects of the Sub-Contractor or its agents, servants or personnel. Governing Law and Dispute Resolution ‘This Agreement shall be governed by and construed in accordance with the laws of Srilanka, All disputes and/or differences, controversies and questions directly or indirectly arising at any time under, out of, in connection with or in relation to this Agreement and the claims and counter claims arising under this Agreement including, without limitation, all disputes and/or differences, controversies and questions relating to the validity, interpretation, construction, performance and enforcement of this Agreement shall at the first instance will be attempted to be amicably settled between the Partics, through friendly consultations and negotiations. If no resolution can be reached through such mutual consultations and negotiations within thirty (30) days of a Party delivering a notice of dispute or difference to the other Party, such dispute or difference shall be referred to arbitration by giving 15 days prior notice to the other party. If the contract value is less than Rs 50,00,000/- the dispute shall be referred to a Sole arbitrator to be appointed by President / Executive Director (South Asia) of KEC and in case the contract value exceeds Rs 50,00,000/- the disputes shall be referred to three arbitrators one to be appointed by everned by the provisions of Bangladesh Arbitration and Conciliation Act. Thé&e idings park a 4 dip. =| el Reg y ncKEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka conducted in English and the award shall be final and binding upon the Parties. The arbitration fee, including the fees for attorney, shall be borne by the Parties, as may be awarded in such arbitration proceedings. 12.7.4 When any dispute occurs, which is submitted to arbitration, except for the matter under dispute, the Partics shall continue to exercise their remaining respective rights and fulfill their remaining obligations under this Agreement. 12.8 Notice 12.8.1 Any notice, communication, statement, request or correspondence required under the terms of this Agreement shall be in writing, in English language and shall be delivered personally or via courier or by registered mail to the office of the Parties as stated hereinabove, or such other address as may be notified by the concerned Party and addressed to such persons as may be notified by the Party. 12.9 Waiver 12.9.1 No provision of this Agreement shall be deemed waived by either Party except when such waiver is expressly given in writing. The failure by either Party to insist upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights under this Agreement shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, 12.10 Amendments 12.10.1 Any amendment to the Agreement shall only be valid and binding upon the Parties if concluded in writing and signed by an authorized representative of cach of the Parties and formally expressed as constituting an amendment hereto. 12.11 Costs 12.11.1 Bach Party will bear its own legal and other casts and expenses in connection with the preparation, negotiation, execution and delivery of this Agreement. 12.12 Headings 12.12.1 Headings to clauses, sub-clauses and paragraphs in this Agreement are for information only and shall not form part of the operative provisions of this Agreement or the annexures and shall be ignored in construing the same. 12.13 Entire Understanding 12.13.1 This Agreement shall be binding upon the Parties and constitutes the entire understanding among the Parties as to the subject matter hereof and supersedes all prior agreements and understandings explicit or implicit between the Parties relating to subject matter hereof, 12.14 Survival 12.14.1 The responsibilities, duties and obligations of each Party under this Agreement under clause 10 (indemnity), clause 12.4 (Relationship), clause 12.7 (Governing Law & Dispute Resolution) and clause 12.8 (Notice), shall survive after expiry or termination of this Agreement. The Confidentiality obligations of each Party as stated in clause 12.2 shall survive for the period stated therein. 12.15 SUBLETING OF CONTRACT: - The Sub-Contractor shall not sublet, transfer or assign the Contract in its entirety or part there off without the prior written permission from K RS, > ated equipment 12.16 CO-OPBRATION WITH OTHER SUB-CONTRACTORS: The Sub-96 Client's and /or Final Customer's other Sub-Contractors, if any; Regd. Off.: RPG House, 1" Floor, 463, Dr. Annie Besant Road, Wo! Tel: 491-22-6667 0200+ Fax +91-22-6667 0260+ Web: wWy RPG12.17 13. 13.1 13.2 13.3 4, KEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka freely exchange all technical information with them except those of proprietary nature to obtain the most efficient and economical design, to avoid unnecessary duplication of equipment and to achieve coordinated work during erection. If any work of the Sub-Contractor depends on proper execution or results upon the work of any other Sub-Contractor/contractor, the Sub-Contractor shall inspect and promptly inform Client and / or KEC of any such defects in such work which may render it unsuitable for proper execution / results. FIELD QUALITY PLAN: All the works must be carried out by Client / KEC specifications / FQP and instructions of KBC’s Engineer. The successful contractor follows KEC issued & Client / KEC approved FOP. SAFETY Al tools, test equipment’s, other construction machineries should be in good working condition and should have valid calibration. All electrical equipment’s used should be with earthing connection and should be strictly connected with appropriate industrial type plug or sockets. All safety precautions for manpower working in surrounding live condition need to be taken care of by sub-contractor. All Sub-contractor's labor and supervisors/ engineers have to follow safety norms as per Client's specifications and KEC / Client's safety plan. They must wear safety helmets, safety shoes and safety jackets, which have to be arranged by sub-contractor. Safe barricading has to be done by the sub- contractor also engage their own/ subcontractor safety officer. HAZARDOUS MATERIALS: Hazardous materials must be handled with due precaution and should be stored separately, and adequate fire protection / fighting systems must be arranged. The details of safety requirement for the subject contract, which the Sub-Contractor should follow strictly, is enclosed at Annexure-IIf to the extent applicable to the subject work. In case of non-compliance of specification/ drawings & design guidelines/IS code / FOQP/Manufacturer’s guidelines, testing failure or low result values or deviations of tested material (on account of improper erection/specifications not followed) and any other issue for which sub- contractor is liable, same need to be corrected by replacing material/work without effecting project time schedule since time is the essence of contract execution. In case of non-compliance of same, corresponding deduction will be made from sub-contractor running bills or final bill with maximum value in line with deductions made by Client from KEC on KBC’s account. KEC can deduct due to non-performance for above mentioned reasons whether same is deducted / recovered by Client or not. In case of non-cxecution of work for any specific item within specified period of time, recovery shall be made for the balance work @ 1.1 times of the BOQ rate and on prorate basis or actual cost incurred by KEC, whichever is higher. Further in addition to above, damages will also be imposed: A. If the sub-contractor fails in providing safe working environment as per Client's and /or KEC’s safety rules or continues the work even after being instructed to stop work by the safety officer /Safety Manager/Project Manager, the sub-contractor shall promptly pay to Client and for KEC, on demand by the Client and for KEC, compensation as decided by Management till the instructions are complied with and so certified by the safety Officer/Safety Manager/Project- In- Charge, B. In case of fatality occurs at site Sub-Contractor shall be liable to pay adequate compensation to deceased’s family as per law. ©. In case of major accident or accident causing 25% or more permanent disablement as per workmen compensation Act occurs the Sub-Céntractor shall liable to pay actual compensation recovered from your bill, Regd. Off.: RPG House, 1" Floor, 463, Dr. Annie Besant Road, Tel: +91-22-6667 0200+ Fax +91-22-6667 0260+ Web: ORPG14. 15. 16. 17. 18, KEC KEC International Limited No.63, Averiwatta Road, Wattala, 51 WARRANTY or DEFECT LIABILITY PERIOD: - The warranty or defect liability period shall be 12 months from the date of closure of punch point as certified by client /owner and issuance of final Taking over certificate by Client / Owner DOCUMENTS REFERRED: a. Client/KEC/Manufacturer's Specification. b. Work & Safety Regulations as per KEC issued guidelines. c. Check List as per Client /KEC site /Manufacturer’s instruction. 4. General Terms & Condition, Field Quality Plan (Client/KEC/Manufacturer's approved FQP), Environment-Health-Safety Guidelines ©. Other documents (Issued during currency of work execution / contract execution). GOLD, SILVER, MINERALS, OIL, RELICS ETC., FOUND ON THE SIT! All gold, silver, oil or other minerals of any description and all precious stones, coins, treasures, relics, antiques and other similar things which shall be found in or upon the site shall be the property of the PGCB and the Sub- Contractor shall duly preserve the same to the satisfaction of the Client and shall from time to time deliver the same to such person or persons as the Client may from time to time appoint to receive the same. LINKAGE: This contract is complete in itself and shall be treated individually. There shall be no linkage with any other contract between sub-contractor (Or sub-contractor's other units) with any of the KEC's legal entities or any of its business units. Bach contract shall be treated on its own merit and disputes if any will be resolved as per the contents of the contract without any reference to any other contract. The execution of the contract will be strictly as per the terms and conditions laid down in this contract. ‘Scope variation: No change in rates shall be applicable for variation in Quantity. 19. Termination by Customer (for reasons not attributable to KEC) (a) KEC may terminate this Agreement at any time without default from the Sub-Contractor if the Client terminates the main Contract with KEC for any reason not attributable to KEC. The ‘Sub-Contractor shall be pro rata compensated by KEC, for such termination, provided KEC receives the compensation from the Client. The amount of compensation to be paid to the Sub- Contractor by KEC for the completed Sub-Contract Work till the date of termination shall depend on the amount of compensation received by KEC from the Client, (b) KEC may terminate this contract agreement, if corresponding contract between KEC and the Client is terminated. In such an event, and provided that the Sub-Contractor is in compliance with its obligations under this Agreement and the LOI, KEC shall compensate the Sub-Contractor for the costs reasonably and properly incurred until that date in performing the Sub-Contract Work in proportion to the indemnification received from the Client for such termination. The Sub- contractor shall provide justification of such costs. Compensation shall in any event not exceed the price of this sub-contract agreement. Regd. Off.: RPG House, 1" Floor, 463, Dr. Annie Besant Roa Tel: +91-22-6667 0200+ Fax +91-22-6667 0260+ ORAGNo.63, Averiwatta Road, Wattala, Sri Lanka IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as a legally binding contract For and on behalf of KEC INTERNATIONAL LIMITED B Designation: Manager-Projects “© Signed By: Tapas R. Lenka Witnessed by: Name: Signature: Address: (Contractor's nai &) ‘Signed By: Tharindu Hashan Eknathge Designation: Director Witnessed by: Name: cdi Signatu: Address: Enclosures: - 1) Annexure-I ~ Price Schedule 2) Annexure-II Technical Specification & Works Methodology. 3) Annexure ~IIl- EHS Agreement Regd. Off.: RPG House, 1* Floor, 463, Dr. Annie Besant Road, Worli, Mumbai-400030, India. Tel: +91-22-6667 0200+ Fax +91-22-6667 0260+ Web: www.kecrpg.com ORAGKEC KEC International Limited No.63, Averiwatta Road, Wattala, Sri Lanka PRICE SCHEDULE ANNEXURE Installation and Other Services - Rajshahi 132/33 kV Substation oa Deserten unit | any | URE | Ts Amount AAR) 220Kv Switching station CEB Srilanka 1A _| Clearing and Grubbing ‘Depoying of iaciney, manpower to Gorerencament of work and tay conduct larng and rubbing at sie including dowatoing, moval of 41.40 | trees ands gi, bushestnrubs wit provision o removal af ets 200- | tem | lot} 1000000 1000000 25mm unwanted top sl of he st win {Ohm distance o duo al ste 2p nsbuctions of he custome. 26 | earth works cin | ese oa eTEOTNeT ET FEAT | Gore | remn | 108 ‘azar Filing to land using approved quay borrow sa fecladng sof rock nal ‘moe tan 6Onmin size incudng st loaig, unloading placing ssceading, leveling for 200-280 hick ayers and compaction with Cumt | 6500} 748 4862000 minimum 107 epaciy compact with wearing, aking sales for 2.2A_| compaction test (95% MOD tests) atc. tevin eed snd Sones ns Tard : 294 | sete 8 evened Sea ve Faepr Cunt_| tooo | a 2600) yo TG ATR TE FEAT Te | og) | = 24K: | sgreatingtovling and compaction 28 __| excavation and removal of unclasiel exiting file eit Excavation and removal of exist Hed sol ecu sfrock or reuse or 2.18 _| notio reuse, but tock ple as per engineerin charge Gone a |e ial Fred Deny Test Charges o any Other test hares armbar a5 acta price noes ests fund tobe corrplance ake gut requrerent and comply wit Tochnical Paramotrs, S&K wi mek. No As per actual _arangemeat or th testing & Coerdinason and cllecon of rears in 3A_| Tine Total 24561500 LAR: Twenty four milion five hundred sity-one thousand five hundred only Note: ® < B Vi (Measurements will jointly measure and recorded on daly basis with the both parties? Lo Dé Se witlconduc the Proctor standard Feld density Test as pe the Specfiations and submit °° OL the report in time. KEC shall reimburse the test charges to SEK as per actual basis on production of Pid invoice Regd. Off.: RPG House, 1" Floor, 463, Dr. Annie Besant Road, Worli, Mumbai-406030, India. Tel: +91-22-6667 0200+ Fax +91-22-6667 0260+ Web: www.kecrpg.com ORAG‘Secon 6 - Employer's Requiements ‘Technical Speitction = Gd Subai Revision? 13.4.2 Site Clearance 434.24 Cutting and removing trees & shrubs The Contractor shall clear all areas required for the work. All unwanted materials, debris, etc. shall be removed from the employer's premises. But shall take all reasonable precautions to prevent damage to existing road construction and to existing surfaces, buildings and other facilities in the area which do not need to be demolished. Bushes, undergrowth, trees and hedges which are not specifically noted on the drawings or in the contract for preservation shall be uprooted and bumt or otherwise disposed of. Holes left by uprooting shall be promptly filled with suitable material and ‘compacted. 13.1.2.2 Removing existing equipment, dismantling steel structures Equipments and support steel structures, which are to be removed shall remove carefully and handed over to the Kotugoda stores. Removing, dismantling, handling, transporting and handing over shall be done by the contractor as instructed by the Engineer. Any damages or losses shall be rectify by the contractor at his own cost. 13.1.2.3 Demolishing & removing of existing Masonry/concrete structures Unwanted foundations shall be demolished or up-rooted. The Contractor shall clear all areas required for the work. All unwanted materials, debris, etc. shall be removed from the employer's premises. But shall take all reasonable precautions to prevent damages to the other structures, 13.1.3 Site formation and up keeping 13.1.3.1 Cutting and filling earth Excavation The whole excavations shall be carried out to the widths, lengths and depths shown on the approved drawings and in accordance with BS CP-8004 and BS 6031. No unlicensed or indiscriminate digging will be permitted. If top layer of soil is not suitable for the construction it shall be removed or stabilised as recommended by the investigator. The Contractor may excavate by any method considered suitable, subject to the Engineer's approval, and shall allow for the use of types of plant most suited for ‘excavation in any location and at any time. The Contractor is to provide all strutting and shoring necessary for the safe execution of the Works. The Contractor shall allow for risk meeting while excavating through any sort of soil, which may be encountered, including rock. Materials from the excavation may, if approved by the Engineer, be used by the Contractor in the construction Works. Other excavated material shall be back filled where required or deposited where directed anywhere on site. Surplus materials shall be removed from the site by the Contractor. The Contractor shall at all times keep the site free from all surplus material and offensive matter In foundation bottom 150mm layer of excavation in thickness shall be left u and subsequently removed only when the concrete is about to be placed in Thapier 13 — Gr Wane Page‘Secon 6- Employer's Requirements Teemial Spegteation = Grd Subation Rowsion T softening or deterioration of the surfaces of the bottom of the excavated area by exposure may be avoided as far as possible. The bottom of all excavated areas shall be trimmed, levelled and well rammed. Conerete shall not be deposited thereon until the bottom has been inspected and approved by the Engineer. De-watering Alll excavation works are to be kept dry and clean, in order that work is not affected or interfered with by water entering the excavations. The Bidder is to allow in his Bid for the costs of pumping, de-watering or other methods of dealing with the water during and after excavation. Arrangements made for dealing with water in excavations shall be approved by the Engineer. They must ensure that the de-watering of excavations can continue during the placing of concrete or the execution of any other works, which could be affected by water in excavations. Adequate precautions must be taken against washing out of ‘cement and concrete or to prevent the work being disturbed in any way. Water from pumping or other dewatering methods shall be properly drained away from the site or disposed of by tankers, so as not to inconvenience users of adjacent properties or sites. No concrete, masonry, brickwork or other materials shall be placed or built until the surfaces are properly drained. Filling and Reinstatement If it is required to fill the land to level the formation level contractor shall get approved the filling material and method of construction before the commencement of the work. Material to be used as fill or backfill shall be well graded granular material and shall have a following grading curve. SIEVE SIZE % PASSING 75mm 100 37.5mm 85-100 410mm 40-70 5mm 25-45 600 pm 8-22 75 um 5-22 Material shall have Liquid Limit less that 40% and Plasticity Index less than 15%. Filling for trenches, excavations and levelling of the site shall be deposited in layers not exceeding 250 mm un compacted thickness, each layer watered when necessary an well rammed or otherwise compacted to within 95% of the maximum dry obtained by the use of a Proctor Standard Compaction Test. Any fill material used within 500 mm of concrete structures cement boun shall have a soluble sulphate content not exceeding 2.5 g per litre wher Sraptar = Gra ORSSecton 6 - Employer's Requirements ‘Techncal Specteaton = Gid Sunsia R accordance with BS 1377, special precautions shall be taken to protect the concrete or cement bound materials to the approval of the Engineer. Where excavations whether in rock or other material, are made to a greater depth than detailed, the intervening space shall be brought up to the proper level in plain concrete at the Contractor's expense. Any formation encountered in the excavations which, in the opinion of the Engineer is not sufficiently strong to carry the loads which will be imposed on it, shall be excavated to an adequate load bearing stratum and replaced with mass concrete. All equipment for determination of the density of filled areas shall be supplied by the Contractor. All tests shall be carried out in the presence of the Engineer. The tendered price is deemed to include for this. Unless otherwise described, directed or permitted, imported filling shall consist of pervious naturally occurring material, free from mud, silt, clay, peat, vegetable or injurious matter and water soluble salts harmful to copper and other metals, Filling shall be imported only from approved areas. Stability of Fill and Embankment The Contractor shall be responsible for the stability of embankments, which formed either by cutting or filling, and precautions taken to protect the earthworks from deterioration under adverse weather conditions. Wherever applicable the recommendations contained in the following codes of practice shall be followed in calculations, detailing and performance of the earthworks and drainage. Earthworks - British Standard Code of Practice BS 6031 Embankments shall not be formed over inclined ground surfaces without previously forming the founding surface, on which the fill material will be placed, to a benched profile All top surfaces of earthwork shall be finished off level and regular and the sides of cuttings and embankments shall be properly trimmed to the detailed slopes. The soil stability of such slops etc. shall be ensured. The Contractor is to allow for embankments and cutting slopes to be well forked, raked and stabilised as protection from erosion to the approval of the Engineer. The Contractor shall construct where necessary open ditches, bunds, culverts, etc., to divert and protect the site in both the short and long-term form flash floods. If any slips occur in the excavations, banks or filing during the execution of the Works or during the period of maintenance form any cause whatsoever, the Contractor shall execute the necessary remedial work in such manner, and with such materials as approved by the Engineer, at the Contractor's expense. The Contractor shall make good all settlement of filing that may occur up to the end of the period of defects liability at his own expense Explosives Explosives may only be used when specified or approved by the Engineer. If approved, their use shall comply with the following (1) Alllocal by-laws and regulations. (2) The Contractor shall store explosives in a licensed store or mai provided with a separate compartment for detonators. Explosives st‘Secon 6 - Employer's Requirements Technical Spesteation - Grd Substation Bevsion handled only by currently licensed shot fires. The Contractor shall ensure that there is no unauthorised issue or improper use of explosives brought on the Site. (3) Explosives shall be used in the quantities and manner recommended by the manufacturers. The written approval of the Engineer shall be obtained for each location or series of locations where the Contractor wishes to use more than 5 kg of explosives in one blast. Such approval shall not in any way relieve the Contractor of his liabilities under the Conditions of Contract. (4) When blasting is carried out the Contractor shall ensure, by adherence to proper safety distances and by the use of heavy blasting mats where necessary, to prevent the dispersal or material, that no damage is caused to persons, animals or property on or off the Site. Special care shall be taken when blasting in wet ground to ensure that individual explosions are reduced to such a size as to preclude damage to any buildings or structures. 13.1.3.2 Earth retaining structures Retaining structures or turfing to be done to side slopes as specified in BS 6031 13.1.3.3 Anti Termite soil treatment Anti termite treatment with more than 10 years guarantee shall be done for the buildings specified in scope of works including 3m to either side of the building 13.1.3.4 Land escaping & tree planting Suitable trees shall be planted in available vacant areas where necessary grassing to be done to protect erosion. 13.1.3.5 Surface chipping Stone chipping used for substation surfacing are to be clean hard crushed stone graded from 20 - 40 mm. The formation in areas where stone chipping are to be used shall be well compacted to the approval of the Engineer, and treated with an approved total weed killer, used in accordance with the manufacturer's instructions. Stone chipping shall be laid and lightly compacted to a minimum finished thickness of 100 mm. 13.1.4 Cable Trenches & Ducts 13.1.4.1 Fiber optic, control and power cable trenches & ducts The Contractor is responsible for all civil works required for cable runs between switchgear and building. In concrete cable trenches, Main cable trenches shall be rack types with sufficient working space. Cable entries into buildings shall be through ducts or in concrete cable trenches. Trench covers outside buildings shall be of reinforced concrete designed for the maximum likely imposed loads appropriate to their location Concrete cable trenches shall be adequately sloped and adequate capacity of drainage system shall be provided to soak water. Expansion joints shall be provided in suitable lengths Power cable which pass under roads, car parking areas, hard standing areas or where be installed for future use and the whole surrounded ina minimum of 150 mm, concrete. Conduits provided shall be sized to suite the cables provided. All cable trenches shall have additional capacity of 30% future use. Gamer 3 Cwiwonsryt. WoRks- Wonk aTHODLOGY PACKAGE=9: 220KV SWITCHING STATION KERAWALAPITIA GREEN POWER DEVELOPMENT AND ENERGY EFFICIENCY IMPROVEMENT INVESTIGATION. PROGRAM (TRANGHE:2) PACKAGE-9: 220kV SWITCHING STATION AT KERAWALAPITIYA, METHOD STATEMENT: LAND FILLING USING EMBANKMENT SOIL, ‘Submitted By: KEG KEC INTERNATIONAL LIMITED, INDIA 8, Floor, Building No.9A, DLF Cyber City, Phase tli, Gurgaon, Haryana, India. WORK MethodologyIndex Chapter No Contents Page No, ‘Typical construction procedure. Field Survey and Geotechnical Investigations Site preparation. a) Site Clearance b) Site Formation Test Labs Staff allocation List of Equipment’s Work Safety ~ | Flow Chart- Land Filing Environment Safety 27‘eit Wonks Work MEtiODLOGY 1, Typical Construction Procedures 41.1 Land handing over, Field Survey and Geotechnical investigations: Before construction can commence, a site survey will be performed to find out the exact location and boundarles marking of the substation which avallable/given co-ordinates with the help of Client/land handing over etc, then prepare the contour grid map for finding the cut & fill quantities to level the s/s area for required level including the access roads and entryways from the public roads, etc to be measured and recorded. (Once the site surveying is complete, a detailed geotechnical investigation will be performed to identify the subsurface conditions which will be dictate much of the design work of the roads, foundations, underground trenching, buildings and electrical grounding systems etc, Typically, the geotechnical investigation is involving a drilling of earth by boreholes as per engineer in charge required depths (typically 6-inch diameter drill up to max. 10-15mt depth or refusal level or as per specification) to identify the subsurface soil and rock types and soil properties by sampling and lab testing. Testing is also done to measure the soil's electrical properties to ensure proper grounding. system design. The geotechnical investigation is generally performed at the main equipment, transformer, gantry tower and control room foundation locations, 2, Site Preparation Construction activities will begin with the site preparation works and itis a step-by-step process as mentioned in detail below. 2.1 Site clearance 2.2 Site formation 2.1 Site clearance: All unwanted materials, debris, etc. shall be removed. Bushes, undergrowth, trees and hedges which are not specifically noted an the drawings or in the contract for preservation shall be uprooted and burnt or otherwise disposed of. Holes left by uprooting shall be promptly filled with suitable material and compacted as per clause 13.1.2. Site levels, sub-soll data and other information to be collected to estimate the bearing capacity, foundation requirements and to prepare layout drawings etc, as per specification clause 13.1.1.1 & 13.112 2.2 Site formation CUTTING AND FILLING EARTH /PLATFORM PREPARATION: ‘According clause 13.1.3 the excavation shall be carried out to the widths, lengths and depths shown on the approved drawings and in accordance with BS CP-8004 and BS 6031. No Unlicensed or indiscriminate digging will be permitted. If top layer of soil is not suitable for the construction, it shall be removed or stabilized as recommended by the investigator. WORK Methodology’1n3RY SUISEATION PACKAGK S- PCCP BAN The Excavation may be any method considered suitable, subject to the Engineer's approval, and shall allow for the use of types of plant most suited for excavation in any location and at any time. The Contractor is to provide all strutting and shoring necessary for the safe execution of the works also shall allow for risk meeting while excavating through any sort of soll which may be encountered including rock. Materials from the excavation approved by the Engineer In charge, be used by the Contractor in the construction Works. Other excavated material shall be back filed where required or deposited where directed anywhere on site. Surplus materials shall be removed from the site. The Contractor shall always keep the site free from alll surplus materials, rubbish and offensive matter. All excavation works are to be kept dry and clean, in order to that work is not affected or interfered with by water entering the excavations. They must ensure that the de-watering of excavations can continue during the placing of cancrete or the execution of any other works, which could be affected by water in excavations, Adequate precautions must be taken against washing out of cement and concrete or to prevent the work being disturbed in any way. \gand Reinstatement: Filling materials shall comply the following conditions. IFit is required to fill the land to level the formation level contractor shall get approved the filling material and method of construction before the commencement of the work. Material to be used as fill or backfill shall be well graded granular material and shall have a following grading curve. Filling for trenches, excavations and levelling of the site shall be deposited in layers not exceeding 250 mm un compacted thickness, each layer watered when necessary and well rammed or otherwise compacted to within 95% of the maximum dry density obtained by the use of a Proctor Standard Compaction Test. Any fill material used within S00 mm of concrete structures cement bound materials shall have a soluble sulphate content not exceeding 2.5 g per liter when tested. SIEVESIZE PASSING 75mm 100 z 375mm 85-100 10mm 40:70 Semin 25-45 600 pm 8-22 75 um 5-22 “Material shall Fave Liquid Limit less than 40% and Plasticity Index [ess than 15% : a WORK Methodology “at7 RevAll equipment for determination of the density of filled areas shall be supplied and arranged at site by contractor. All tests shall be carried out in the presence of the Engineer Unless otherwise described, directed or permitted, imported filling shall consist of pervious naturally occurring material, free from mug, silt, clay, peat, vegetable or injurious matter and water-soluble salts harmful to copper and other metals. Filling shall be imported only from approved areas, Stability of Fill and Embankment: The Contractor shall be responsible for the stability of embankments, which formad either by cutting oF filling, and precautions taken to protect the earthworks from deterioration under adverse weather conditions. Wherever applicable the recommendations contained in the codes as per mentioned in the specifications of practice shall be followed in calculations, detailing and performance of the earthworks and drainage. Embankments shall not be formed over inclined ground surfaces without previously forming the founding surface, on which the fill material wil be placed, to a benched profile all top surfaces of earthwork shall be finished off level and regular and the sides of cuttings and embankments shall be properly rimmed to the detailed slopes and the soil stability of such slops etc. shall be ensured ‘The Contractor is to allow for embankments and cutting slopes to be well forked, raked and stabilized as protection from erosion to the approval of the Engineer, also shall construct where necessary open ditches, bunds, culverts, etc,, to divert and protect the site in both the short and long-term farm flash floods. | any slips occur in the excavations, banks or filling during the execution of the works or during the period of maintenance form any cause whatsoever, the Contractor shall execute the necessary remedial work in such manner, and with such materials as approved by the Engineer at the Contractor's expense. The Contractor shall make good all settlement of filling that may occur up to the end of the Period of defects liability at his own expense. ‘While fixing levels for the control roam, switch yard and internal roads, factors lke flooding of the substation from the adjoining areas, canals around the land during rainy season, shall be taken in to consideration with as per specification. The levels shall be so fixed as per technical specification and approvals of Engineer in charge. The earth/soil will be shifting through dump trucks from the approved nearby source and same will be place layer by layer and compacted as per specification, The mechanical compaction of earth or sand in layers 250mm thick including leveling, watering & consolidation of each layer with chain dozer, grader, roller etc. to achieve minimum dry density of 95% with optimum moisture content (modified proctor test) up to finished level, WORK Methadotogy S17 RevWhen a fil site is handed over to the authority, the site shall maintain the entity of the fill in good condition, including all better slopes & levels. Before land filing, the necessary dyke/embankment is to be constructing for protecting the developed land and all bushes, debris, existing structures is to be removed and disposal at designated area. During earth shifting by trucks the road traffic control/safety at required areas and dust control to be taken care. The side slope will be kept in 1:2 slopes and same will be protecting with turfing, stone pitching and retaining walls etc,, to avoid and control the Soil erosion etc. Ifa fillsite has not been exposed to one wet season before foundation work starts, the site shall be flood with water to a depth of 50mm for 10 days. Low levels and at the foundation pit the excavations shall be made by using machineries or ‘manually and during excavations the safety precautions shall be considered. Borrowed earth is used for filling the following quality checks are to be made, The Barrowed earth should be free from vegetation, roots, degradable material, large stones & pebbles, and removed before spreading & leveling if anything to be found. 3. Lab Tests will be carried out in the following labs. 1. National Building Research Organization, Geotechnical Engineering Division, 99/1, Jawatta road, Colombo 5, Sri Lanka 2. Engineering & Laboratory services (Pvt) Ltd’, 62/3, Neelammahara Road, Katuwawala Boralesgamuwa, Sri Lanka, 4, Staff allocation for supervision: 1. Site Manager - 01 Nos. 2. Site Surveyor/site engineer- OL Nos. 3, Semi-Skilled Labor 04 Nos. 4, Operators 05 Nos, 5, Drivers 04 Nos. WORK Methadatogy 7 Rev"IUBIRN SUBSTATION PACKAGE 5- PCI BANGLADESH 5. List of Equipment’s ‘The following equipment’s will be used to carry out the Land Filling using embankment borrow soil operation. + Motor Grader 12° (12 Feet) = OLNos, © Excavator 200ce = OLNos. * Backhoe Loader = OLNos. + Tipper Truck —3 Cubes (6 Wheeled) - 03 Nos. as per necessity (Excluding Soil Transport Tipper (Dump) Trucks (Dump Trucks to soil transport will be allocated separately, noted trucks are only allocated to internal soil spreading and compaction works only) © Vibrator Rollers 10°Ton - — OLNos. © Water Bowser = OLNos, + Dozer (D4) with all attachments. - OLNos. (As per necessity) + Survey Kit/ Instrument = OLNas. 6. Work Safety fety aids shall be mobilized in required number to take care of the workers & of the adjoining road users. + Allocations adjacent to the existing road where Land Filling is progressing shall be provided with visible safety, + No machines or equipment’s shall be permitted to remain on the existing road or shoulder lunattended at all times unless itis properly protected & secured in a sale manner. + Borrow pits shall not be dug in the right-of-way of the road, Also it has to be ensured that the borrow area is being placed in the prescribed zone at the site and also ensure about the soil characteristics of the borrow area like slope, ground water level ete 1. Environment Safety Deleterious matters detrimental. to the environment shall be disposed off at the designated locations as per direction of the Client WORK Methodology 77 RevAppendix A - Land Filling Flowehart Determine Land Filing Boundary Limits and Trial Land FWith i any + Land Filing Preparation Where Possible Carryout Borrow material Construction of tial Land Carryout cross section testing Fulif Any survey and update rawings Yes ‘ea requied soft Ground Treatment any Soltout Soft Ground Treament if any J Glients Aaprovaley + Clearing and giubbing work on oiginal gourd requied and Depth desided on site condition + Carty out approved sol spreading, compaction and layering as pe ial and fing Re-delermine ground lavel and undated drawings + Re-dotormine ground laval and updaled drawings Was field Densily Test successful Continue smooth Land Filing upto Intended Finish level ae [ Land Fiting work complete, prepare for Pavement WorksAddresses SBU —TL/ DB/Water/Railway! Contract! Admin Departmental Heads and Functional Head Contract, Purchase, Sourcing team others (as applicable) Date Version | SFEBI2013 T Apart from the BU/SBU/SCM/ Functional EHS/Safety Agreement (if any), this EHS requirements specific to India to be followed by the Contractor, Supplier, Transporter and all Service Providers with manpower(*Second Party”), in India. This will be a mandatory attachment for any contract documents as an annexure or supplement. Generic requirements are for all contractor and service providers any type ( including below type). Annexure ~A-1 is for civil/ mechanical/ electrical/ maintenance contractors. Annexure ~B-1 is for erection contractors or service providers who use lifting crane / equipment (in civil/ mechanical/ electrical’ maintenance works). Scoala SignatureKEC’s and its subsidiaries EHS Generic Requirements 1. OBJECTIVE 1.1 The Environmental, Health and Safety generic terms and conditions of KEC International Ltd. (herein after, the Company) shall be the main regulation for ensuring environmental protection, organization safety and health of the Company's and its contractors employees. 1.2. The Objective of the Environmental, Health and Safety generic terms and conditions is to ensure a minimum standard for ensuring the environment protection, labor safety and health of all the employees. Implementation of the generic terms and conditions should facilitate establishment of Organization safety culture at entities and increase responsibility towards environmental protection, 2, SCOPE 2.1 This Policy shall apply to all Service Provider (Transportation vendors, Passenger or logistic vehicle supplier), Contractor (civil, mechanical, electrical ete. at site, Units, Offices) or etc., of the Company. 2.2 This Policy is recommended for adoption by all legal entities having contractual relation directly or indirectly with the Company and controlled by the Company (hereinafter, the Subsidiaries) 3. Principles for management of the labour protection, industrial, and environmental safety are as follow: - KEC’s, its subsidiaries and its authorized representative (hereinafter referred to as First Party) = Service Provider (Transportation vendors, Passenger or logistic vehicle supplier [hereinafter referred to as the Second Party]) , = Contractor ( civil, mechanical , electrical ete at site , Units, Offices ) or ete, Your Company (“Second Party” or Contractor or Service Provider) will follow all safety instructions given by KEC and its authorizes representative (s) e.g. Site Team / FHS team / our Customer, Client etc. Principles for management of Labour Protection:~ 3.1 Priority of protection of the employee's life and health; 3.2 Prevention of fatal and severe accidents or accidents involving several employees. 3.3 ~The second party shall employ workers aged above 18 years only . The Employee medically fit to work and should not be suffering from any communicable diseas« £e Fy i 3 2 ~-3.4. The second Party shall at its own expense (as applicable) arrange for: Y Accident Prevention Tools (APT) ),e.g internal alarm/ reveres alarm and seat belt (for their vehicle ), Fire Fighting Equipment (for their office, vehicle, crane, DG Set and required places), First Aid Boxes (for their workers). ¥ Personal Protective Equipment (e.g. dress, safety helmet, safety shoes, hand gloves, dust mask, goggles etc.), Y Safety Training (The Second Party has to send their workers for KEC Safety Induction Program at their cost and for such other training as may be required), Medical checkup of his team, additional Pre-Employment Medical Examination (for some specified work) etc. in his operation, activities & when it is required at their cost and expenses. 3.5. The Second shall strictly observe that no person shall be allowed to work under influences of aleohol and the employees shall strictly adhere the no smoking policy within KEC premises and while driving the vehicles on duty. 3.6 The Employeesivorkers should not wear loose clothing during the working hours at construction sites/ units or restricted working area. 3.7 Personnel engaged in catering food / working in kitchen must wear head cap / net cap to prevent fall of hair and suitable hand gloves. The personnel should not be suffering from communicable diseases. 3.8 At site, it should be ensured that all electric connections are done appropriately. No loose wires should be connected without any plug top. 3.9 Regular cleaning of working area is mandatory and proper hygienic condition should be ‘maintained within the premises. -10 All required material shall be collected from store and after use has to return used material at store or stack at designated place in safe manner. 11 The Second Party is completely responsible for PF / ESI / workers insurances or group insurance, minimum wages and all other applicable statutes to the employees/workers as per the statutory requirements of their work area. 3.12 All hazardous repairing works, sleeper surface, open excavation/pit, hazardous works, materials or storage must have identification and/or necessary barricading.4, 3.13 Service provider will be fully responsible for safe and secure transportation of material with their loading and unloading, with safe, certified and tested tools and equipment. 3.14Second Party’s employees (contractor workers) and their transporters shall follow the traffic rules and KEC’s road safety rules as displayed on board at KEC’s premises. 3.15 Transportation should be hired/provided by only those vehicles which are in excellent roadworthy conditions special care should be taken for vehicle parts such as_brakes should be in excellent condition, tyres should be in good condition, having both rear view mirrors, good seats, seat belt neat and in good working condition. All care should be taken to avoid any Road Accidents. The Employees shall compulsorily wear Seat belts while driving the Vehicle. 3.16 The Second Party shall clearly instruct their drivers or employees shall not sleep in parked vehicles. 3.17 The Contractor shall ensure that below mentioned articles and equipment are available at all the time in working condition at the working area. RECORDS OF EMPLOYMENT. ‘The Second Party shall maintain and examine regularly the records containing Name of Employee (contractor employees), age, address, date of issue of license, validity period & issuing agency, length of service with the company & year of experience. Before assigning work to any employees / workers / supervisors they should be sent to Site/Unit EHS department for safety induction training program. No extra claim will be considered for the same. SPECIFIC PRE-EMPLOYMENT MEDICAL CHECK-UP (Employees working in Confined Space, at height meters or more or as defined by site/unit management or other specific works). Second Party shall arrange for medical checkup of all his employees before employment and shall not employ any employee suffering from any of the following disease. (Epilepsy ii) Colour blindness (ii) Deafness (iv) Unfit to work at height (applicable to those contractors who are engaged in height work) (v) Unfit to work in confined space (applicable to those contractors who are engaged in confined space work. Second Party shall employ only trained, skilled & competent persons and medically fit persons. Record of such medical checkup shall be maintained and made available by Sub-Contractor / Supplier, for inspection of KEC at any time.6. 10. DISCLOSURE OF EHS HAZARDS & TRAINING Second Party shall inform the employces about the hidden and visible hazards associated with their jobs before assigning work. Such information shall be displayed on boards near the work site, in a language understood by their employees. Contractor shall also provide awareness for safe working procedures to be followed to avoid these hazards. Tool box meeting will be conducted every day at site and the same will be recorded so all second party workers should attend the same. Site safety committee to be formed and headed by KEC’s site manager / site in-charge / Unit Manager etc. for discussing site EHS issues. EMPLOYMENT OF ADOLESCENT/ CHILDREN, Second Party shall not employ any person below the age of 18 years or employ any child labor in any of its operations. In all condition all workers including all women have to comply all safety norms to avoid any accident / incident at site, Violation of these may be subjected to removal of concerned from the site FIRST AID Second Party shall arrange necessary first aid facility at the site/ unit for their employees. REPORTING OF ACCIDENTS/NEAR MISS/DANGEROUS OCCURRENCES Second Party shall report in the specified forms, all dangerous occurrences/accidents/near miss incidents to’ the Project /Unit EHS Manager or authorized person of KEC. PENALTY If Second Party fails to comply with any mentioned requirements in the agreement and breaches the stipulated agreed terms and conditions on health safety and environment. The second Party will be liable to pay penalty or damages as mentioned below. Project / EHS /Unit/ Engineers or Manager of KEC shall be entitled in such cases to impose on Second Party with minimum fine of Rs.500/- per violation (it may be Rs.5000/- or more than this). If Contractor / Sub-Contractor / Supplier fails to rectify the condition within stipulated time fixed by KEC representative / Site Personnel, further fine which may be extended up to Rs.5000/- or more for each day on which the contravention ( dispute) is continued, may be imposed. A person violating the EHS norms can be removed from the site and regular violation of EHS norms may result on the termination of contract with all penalty clauses to the second party. This shall be over and above the penalty; fines etc. as statutorily applicable and will not limit or restrict the liability of the Second Party in any case. Any penalty imposed on KEC due to negligence of Contractor? Sub Contractor / Supplier will be recovered by KEC from the Second Party.Te instructions and requirements. For major and fiequent deviations Second Party’s concern responsible personnel can be removed from KEC’s works site and finally for regular noncompliance second party’s contract can be terminated without further compensations. At any case no penalty to any individual will be imposed. It will be only to contractor / vendor or Second Party only OTHER CONDITIONS: Second Party has to follow the provisions of following Acts/Rules: a) The Coniract Labour (Regulation-Abolition) Act, 1970. b) The Indian Electricity Act, 1910 & Rules ©) The Employees State Insurance Act, 1948 & Rules d) The Indian Explosives Act 1884 amended 1985& Rules e) The Motor Vehicle Act, 1988 1) The Workmen Compensation Act, 1923 & Rules g) The Factories Act & Rules-1948 ( for that state ) hy The Industrial Dispute Act, 1947 i) The Child Labour (Prohibition & Regulation) Act, 1986 j) The Gas Cylinder Rules, 1981. i) The Static & Mobile Pressure Vessels (unfired) Rules, [981 1) ‘The Building and other Construction worker (Regulation of Employment and conditions of service) Ordinance, 1996. m) Any other Act/Rule applicable to particular situation/activity/operation In case of conflict of any standard or rule, the most stringent systeny rule will be followed (ice. - if a per customer standard , use of safety harness are required above 2.5 meters and if KEC_ needs the same above 1.8 meters then Second Party/ service provider(s) must ensure that all his employees use safety harness above 1.8 meters height as per the requirements of KEC ( which is more stringent) or if Indian standards permit use of some materials which is banned by KEC then contractor cannot use same materials or as per KEC’s customer requirements. In case of particular clause/ instruction is not applicable to particular contractor then same can be ignored (final decision will be taken from KEC representative only.) If customers’ requirements changes (ie colour code of helmet, lifting tool tackles ete), then ‘customer's decision can be followed. Seon Patty Signaturez - ANNEXURE - A-I: EHS REQUIREMENTS for Civil/Mechanical/Electrical/ M: Units / Project Team At Sites And For Similar Works. tenance Team In Office! Apart from KEC EHS generic requirements, below mentioned are also required to be fulfilled by the Second Party. All below mentioned works must be carried out by under contractor’s supervisions. 1. Second Party... LL All work done at heights need suitable working platform and all site hazardous Works require Risk Assessment/Work permit. 1.2 All work permit and EHS system of KEC or its Customer's should be followed 1.3 The Second Party shall arrange the safe access and exit, safe working platforms, provision of safety net, provision of safety guide rope / life line ete. for its workers and employees. 1.4 Barricades shall be provided for excavated area, edges of higher elevations, hot work effected zone (cutting, welding, grinding works area), erection etc. at the cost af the Second Party. 1.5 All openings / pits should be covered by to prevent fall of any materials or person. 1.6 Signal system should be installed with adequate equipment for signaling near the hot work area (welding, cutting, grinding etc), Erection and Dismantling work area, De-Shuttering area etc. to warn others and restrict unauthorized entry. 1.7 Second Party is responsible for de-nailing of used shuttering materials. 1,8 For any excavation, first manual trial pit/ trial trench need to be excavated surrounding the excavation area to identify all underground utilities. It will be done under direct supervision of KEC representative, Mechanical excavation should be done only if there is no underground utility. Striet compliance of KEC representative's instruction is required in this regard 1.9 Gas cylinders should be kept at site upright with safe manners and Flash Back arrestor is required for cutting torch and cylinders (both sides). 1.10 Their Plant& Equipment (maintenances) and Electrical Section should check all equipment. After their safety certification contractor can use their equipment at site. 1,11 All pressure vessels need the test certificates from a Third Party Local Government Approved (T.P.L, L.G.A.) Competent Person. 1.12 Second Party shall provide all required MSDS (Material Safety Data Sheet) give full form for hazardous material and insure the necessary safety and security measures. 1,13 Drums, cable bobbins and other circular materials that can roll over ground, for such material wooden wedges / stoppers should be provided to arrest their movement. 2. PERSONAL PROTECTIVE EQUIPMENT Second Party shall ensure that following PPE shall be available in minimum at all time and shall be uused by employees without exception whaisoever at all construction site and units (excluding office area or area demarked as Non PPE Zone or some written instructions are available in form of Risk Assessment etc),‘SLNo. | Personal Protective Equipment ‘Allemployees working at safety helmet (yellow colour Tor workers and 1 | construction white colour for sites / Units Supervisor or above) & Safety shoes with steel toc cap for all, Torkers mixing asphalt material ‘Gum-boots with steel 108. 2 cement, lime mortar, concrete and | Safety Goggles and Safety gloves for all exposed Using such hazardous materials, site personnel and contractor has to replace it periodically to ensure clear vision and hand protection for their workers. Welders Welding screen, safety shoes with rubber sole, 3 leather hand Gloves, Apron, hand and leg sleeves. Jack hammer, DG set and Ear malls, hand gloves & safety goggles 4 | Compressor ete Operator Electrician Rubber hand gloves (as per voltage wise) & nonconductive Safety Shoes, | Workers engaged ir insulation oF | Dust masks anid Farid aves, EORETS. similar works. 7 _| Workers working at height Full body Safety Hamess with shock absorber. ‘Two lanyard is compulsory with safety harness for the working crew who needs to move during height works/or engaged in height works. Second Party shall arrange all above PPEs well in advance and maintain a record of distribution with signature of receivers. Above PPE table does not state / mention all required PPE at KEC works. Concerned KEC EHS or other supervisory staff can be contacted for all required PPEs for a particular job. PPE shall be confirming to relevant ISVDGMS/BISICE specifications (at least any one) and shall be comfortable to its employees, when used. In case Second Party fails to provide the above minimum required PPE, Site Manager/ Unit Manager / Safety Engineer or any KEC representative shall be entitled to provide the same and recover the cost 1.5 times higher from Second Party, with service charges extra as penalty. 3. EMPLOYMENT OF EXPERIENCED / COMPETENT PERSONS - For all activities and operations, Second Party shall: 3.1 Employ only trained skilled & competent persons and medically fit persons. The persons holding valid license approved by the relevant law enforcing/regulating agency should only perform following jobs a) X-Ray testing. b) Electrical works on high & low-tension lines ¢) LMV & HMV Driving d) Heavy earth moving equipment operations e) Blasting f) Other (as applicable) Seco Party Siunature