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Balmer Lawrie & Co. Ltd. Tender No. 0100PC0676 dated 12.08.2016 SBU: Industrial Packaging Seal & Signature of the Tenderer Page 1 of 95 SBU – Industrial Packaging, 5, J. N. Heredia Marg, Ballard Estate, Mumbai- 400001, India Tel. No. 091 - 022 –66258215/66258208 Fax No. 091 - 022– 66258200 NOTICE INVITING TENDER Tender No. 0100PC0676 dated 12.08.2016 Due date of Tender: 31.08.2016 at 14:00 hrs. Opening of Technical Bid: 31.08.2016 at 14:30 hrs. Online Two Bid e-Tender is invited from for Supply and Erection “Fire Protection System" at our Barrel Manufacturing Plant at Asaoti (Faridabad, Haryana) through Balmer Lawrie e. procurement Portal https://balmerlawrie.eproc.in The bidder should be registered in Balmer Lawrie Web Portal through C1 India for online e.bidding. Contact details Balmer Lawrie & Co.Ltd. SBU-Industrial Packaging, 5, J .N. Heredia Marg, Ballard Estate Mumbai 400 001. C1 India Pvt.Ltd. 603,Coral Classic,20 th Road, Near AmbedkarPark,Chembur Mumbai-400 071 Contact Persons: 1. Shri Mrinmoy Saha- Mob: 09867142672, 022 66258215, email ID: [email protected] 2. Shri Nayan Yadav -08879294183, 022 66258191, email ID: [email protected] Contact Person 1.Mr.Ritabrata Chakraborty. Mob.08697910411 e.mail- [email protected] 2. Mr.Tuhin Ghosh,Mob.08981165071, e.mail [email protected]
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Page 1: balmerlawrie.eprocbalmerlawrie.com/files/uploads/1470995834tender_no_0100pc0676.pdf · Balmer Lawrie & Co. Ltd. Tender No. 0100PC0676 dated 12.08.2016 SBU: Industrial Packaging Seal

Balmer Lawrie & Co. Ltd. Tender No. 0100PC0676 dated 12.08.2016

SBU: Industrial Packaging

Seal & Signature of the Tenderer Page 1 of 95

SBU – Industrial Packaging,

5, J. N. Heredia Marg, Ballard Estate, Mumbai- 400001, India

Tel. No. 091 - 022 –66258215/66258208 Fax No. 091 - 022– 66258200

NOTICE INVITING TENDER Tender No. 0100PC0676 dated 12.08.2016

Due date of Tender: 31.08.2016 at 14:00 hrs. Opening of Technical Bid: 31.08.2016 at 14:30 hrs.

Online Two Bid e-Tender is invited from for Supply and Erection “Fire Protection System"

at our Barrel Manufacturing Plant at Asaoti (Faridabad, Haryana) through Balmer Lawrie

e. procurement Portal https://balmerlawrie.eproc.in

The bidder should be registered in Balmer Lawrie Web Portal through C1 India for

online e.bidding.

Contact details

Balmer Lawrie & Co.Ltd. SBU-Industrial Packaging,

5, J .N. Heredia Marg, Ballard Estate

Mumbai – 400 001.

C1 India Pvt.Ltd.

603,Coral Classic,20th Road,

Near AmbedkarPark,Chembur

Mumbai-400 071

Contact Persons:

1. Shri Mrinmoy Saha- Mob: 09867142672, 022

66258215, email ID:

[email protected]

2. Shri Nayan Yadav -08879294183,

022 66258191,

email ID: [email protected]

Contact Person 1.Mr.Ritabrata Chakraborty. Mob.08697910411

e.mail- [email protected]

2. Mr.Tuhin Ghosh,Mob.08981165071,

e.mail [email protected]

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Balmer Lawrie & Co. Ltd. Tender No. 0100PC0676 dated 12.08.2016

SBU: Industrial Packaging

Seal & Signature of the Tenderer Page 2 of 95

C O N T E N T S PART SUBJECT PART - I (Unpriced) NOTICE INVITING TENDER CHECK LIST GENERAL CONDITIONS OF CONTRACT SPECIAL CONDITIONS OF CONTRACT TECHNICAL SPECIFICATION & DATA SHEET CONSTRUCTION HAZARDS ATTACHMENTS / DRAWINGS PART - II (Priced) SCHEDULE OF WORK

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Balmer Lawrie & Co. Ltd. Tender No. 0100PC0676 dated 12.08.2016

SBU: Industrial Packaging

Seal & Signature of the Tenderer Page 3 of 95

Notice Inviting Tender

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Balmer Lawrie & Co. Ltd. Tender No. 0100PC0676 dated 12.08.2016

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Seal & Signature of the Tenderer Page 4 of 95

NOTICE INVITING TENDER

TENDER NOTICE NO: EP/IP/AST/244/FPS/01

M/S Balmer Lawrie & Co Ltd. (BL) invite online tenders from competent and experienced contractor with sound technical and financial capabilities, resources for the residual engineering, supply, erection, testing & commissioning of the fire hydrant system at Lube barrel and bitumen drum manufacturing plant at Asaoti, Haryana. SCOPE OF WORK The entire Scope of work is mentioned in the General conditions of Contracts, Special Conditions of Contract, Technical specification / Data sheets, Tender Documents & Drawings and Schedule of Work of this tender. Entire work shall be carried out in running plant without disturbing the plant operation and production. SITE VISIT The intending bidders shall visit the site and familiarize themselves thoroughly with the site condition before submitting the tender. Non-familiarity with the site condition will not be considered reason either for extra-claim or for not carrying out the work in strict conformity with the drawing and specification. COMPLETION PERIOD Time is essence of the contract. Time schedule for the total work is Four and half (4.5) months from the date of placement of Work Order. TENDER DOCUMENTS Tender Documents comprise two parts viz. Part-I (Unpriced) and Part-II (Price). The Unpriced Part consists of Invitation to Tender, General Condition of Contract, Special Condition of Contract, Technical Specifications, Data sheets and Drawings. The Priced Part consists of Price Schedule. VALIDITY OF OFFER Tenderers shall keep their offer valid for a period of 120 Days from the date of opening of unpriced bid. PRE-QUALIFICATION CRITERIA Eligibility will be based on meeting the following criteria as mentioned below. Bidders must enclose the documentary evidence in support of Qualifying Requirement as follows along with the offer failing which the offer may be liable for rejection: Average Annual Turnover of the tenderers during last three (3) financial years (up to 2015-2016) shall not be less than Rs.65 Lacs. The tenderer should have successfully completed Fire Protection System job of composite in nature under a single contract of following value in last seven years: a. 3 works each costing not less than 36 lacs OR b. 2 works each costing not less than 45 lacs OR c. 1 works costing not less than 72 lacs

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Balmer Lawrie & Co. Ltd. Tender No. 0100PC0676 dated 12.08.2016

SBU: Industrial Packaging

Seal & Signature of the Tenderer Page 5 of 95

Copy of work orders and completion certificates from client should be enclosed as supportive documents. The tenderer should produce a copy of solvency Certificate for Rs.30 lacs from any Scheduled Bank not older than six month. EARNEST MONEY DEPOSIT Part -I (Unpriced Part) should be accompanied by a Demand Draft or Bank Guarantee of Rs. 45,000.00 (Rupees Forty five thousand only) towards Earnest Money Deposit executed by any Scheduled Bank drawn in favour of Balmer Lawrie & Co. Ltd, payable at Mumbai.

Earnest Money Deposit can also be made directly to our Standard Chartered Bank

(Account No. 222-0-526803-6, NEFT Code - IFSC “SCBL0036046) through electronic

transfer and proof of transfer of funds deposited with us

Earnest Money deposit (EMD) is exempted for vendors registered under NSIC and holding valid registration certificates covering the tendered items/services. However a copy of valid NSIC certificate must be submitted in this regard. LIQUIDATED DAMAGE As per clause 5.16 of G.C.C. No separate written communication shall be given to the contractor for application of this clause. RISK PURCHASE If Contractor fails to complete any part of the job within the period specified or fails to perform, such failure will constitute a breach of the Contract and Owner shall be entitled to award that the Work elsewhere at Contractor's risk and cost. The Security Deposit and balance payment due to the contractor shall be released to the Contractor after completion of work as per contract and after necessary adjustment, if any.

Contractor shall depute his authorized representative within 4-days from the date of receipt of notice of Joint Measurement of the job completed by them failing which the measurement certified by Owner unilaterally will be considered final. WORK IN MONSOON

The completion of the work may entail working in the monsoon also. The Contractor must maintain a minimum labour force as may be required for the Work and plan and execute the construction and erection according to the prescribed schedule. No extra payment will be considered for such work in monsoon. During monsoon and other period, it shall be the responsibility of the Contractor to keep the construction work site free from water at his own cost. CONSTRUCTION POWER & WATER Arrangement of Construction power & water shall be made available at a single point within the plant premises on chargeable basis. Contractor to install his own meter & lay temporary cables as required and water line with temporary storage. SUB-LETTING OF WORK Pl refer clause on 5.20 of General condition of Contract GUARANTEES & WARRANTIES

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Balmer Lawrie & Co. Ltd. Tender No. 0100PC0676 dated 12.08.2016

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Seal & Signature of the Tenderer Page 6 of 95

Contractor shall guarantee Owner against any and all defects in design, workmanship, materials and performance of the system for a period of twelve (12) months from the date of commissioning of system. Should any defect develop during the guarantee period, it shall be remedied promptly free of charge by the contractor and all expenses for transportation of goods necessitated for such repairs or replacement shall be borne by the contractor. TERMS OF PAYMENT Running account bill of the contract value will be payable after submission of Bills accompanied by the relevant documents as below: PAYMENT SHALL BE MADE ON MEASUREMENT OF ‘AS ERECTED QUANTITY’ ONLY. For delayed supply & execution of work; Liquidated Damage may be deducted from payable amount. All interim payment shall be considered as advance payment only. All statutory deductions, advances etc. shall be adjusted against each running account bill. 60% payment shall be made against supply of materials in good condition along with

necessary documentations mentioned in general conditions of contract 20% payment will be made against completion of erection work 10% payment will be made against completion of testing, commissioning & obtaining “Fire

service License” from local “FIRE DEPARTMENT”. 10% Balance payment shall be released after successful handing over of the complete

system together with submission of (a) all documents & test certificates, operation & maintenance manuals of equipment /system and (b) Performance Bank Guarantee of equivalent amount which shall remain valid for twelve (12) months from the date of issue of completion certificate.

During Performance Guarantee period regular check-up of the system shall be done

once in a month by the contractor. The quoted rates shall include the said service. However, emergency requirement shall be attended for any problem/ failure of the system during Performance Guarantee period. Every call shall be attended within 24Hrs of the call-booking through written communication / e-mail etc. during this period & afterwards.

If the total billing is more than Rs. 600000.00 in any part of the above instalment, then payment will be released through Running Bill (s). Such shall be made and /or certified for a total value of not less than Rs.6,00,000/- (Rupees six lacs) only. Please refer pt. 16.00 of Special Conditions of Contract. PAYMENT SHALL BE MADE ON MEASUREMENT OF ‘AS ERECTED QUANTITY’ ONLY. For delayed supply & execution of work, bill will be reduced by the amount as per delay compensation clause. TENDER SUBMISSION (e-Procurement) (i) Procedure for Bid Submission The bidder shall submit his response through bid submission to the tender on

e-Procurement platform at https://balmerlawrie.eproc.in by following the procedure given below. The bidder would be required to register on the e-procurement market place https://balmerlawrie.eproc.in and submit their bids on-line. No off-line bids shall

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be entertained by the Tender Inviting Authority. The bidders shall submit their eligibility and qualification documents, Technical bid, Financial bid etc., in the standard formats prescribed in the Tender documents, displayed in e-Procurement web site. The bidders shall upload the scanned copies of all the relevant certificates, documents etc., in support of their eligibility criteria/technical bids in the e-Procurement web site. However, voluminous documents need not be scanned and uploaded but physical copy of the same should be sent to the Tender Inviting Authority office before the tender opening date. The bidder shall sign on the statements, documents, certificates, uploaded by him, owning responsibility for their correctness/authenticity.

(ii) Registration with e-Procurement platform: For registration and on-line bid submission bidders may contact HELP DESK of M/s

C1 India Pvt., Ltd., or they can register themselves on-line by logging in to the website https://balmerlawrie.eproc.in

(iii) Digital Certificate authentication: The bidder shall authenticate the bid with his Digital Certificate for submitting the bid

electronically on e-Procurement platform and the bids not authenticated by digital certificate of the bidder will not be accepted on the e-Procurement platform.

All the bidders who do not have Digital Certificates need to obtain Digital Certificate.

They may contact Help Desk of C1 India Pvt. Ltd. (iv) Submission of Hard copies: After submission of bid on line, the bidders are requested to submit the originals of

DD/BG towards EMD, copy of uploaded documents, to the tender inviting authority before opening of techno-commercial /unpriced bid either personally or through courier or by post and the receipt of the same within the stipulated time shall be the responsibility of bidder. The Department shall not take any responsibility for any delay or non-receipt. If any of the documents furnished by the bidder is found to be false/ fabricated/ bogus, the bidder is liable for blacklisting, forfeiture of the EMD, cancellation of work and criminal prosecution.

The bidder is requested to get confirmed acknowledgment from the tender inviting

authority as a proof of hard copies submission to avoid any discrepancy. The bidder has to attach the required documents after downloading the same as required by the tender inviting authority in its tender conditions.

Bidders found defaulting in submission of hard copies of original DD for EMD and to

the tender inviting authority on or before the tender stipulated time will be suspended/ disqualified from the participating in tenders on e-procurement platform, for a period of 12 months from the date of bid submission. The bidder should complete all the processes and steps required for bid submission. The successful bid submission can be ascertained once acknowledgment is given by the system through bid submission number after completing all the processes and steps. Balmer Lawrie & Co Ltd and C1 India are not responsible for incomplete bid submission by users. Users may also note that the incomplete bids will not be saved by the system and are not available for the tender inviting authority for processing.

(v) Corrigendum to tender: The bidder has to keep track of any changes by viewing the addendum/

Corrigendum's issued by the Tender Inviting Authority on time-to- time basis in the e-Procurement platform. The Company calling for tenders shall not be responsible for

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any claims/problems arising out of this. (vi) Bid Submission Acknowledgment: The user should complete all the processes and steps required for bid submission.

The successful bid submission can be ascertained once acknowledgment is given by the system through bid submission number after completing all the processes and steps. Tender Inviting Authority and C1 India Pvt. Ltd. will not be responsible for incomplete bid submission by users. Users may also note that the incomplete bids will not be saved by the system and are not available for the Tender Inviting Authority for processing.

(vii) Disclaimer Clause: Neither the Company (Balmer Lawrie & Co. Ltd.) nor the service provider (C1 India

Pvt. Ltd.) is responsible for any failure of submission of bids due to failure of Internet or other connectivity problems or reasons thereof. Priced offers of only those tenderers, who will meet the requirements of un-priced bid will be opened and considered for further evaluation.

SUPPLY OF MATERIAL All materials required for completion of the work shall be supplied by the contractor. TAXES & DUTIES Rates shall be inclusive of all taxes, VAT, duties, levies etc. & service tax as applicable. I.T.RETURN, S.T. REGISTRATION, SERVICE TAX REGISTRATION, SOLVENCY CERTIFICATE, PF & ESIC REGISTRATION Bidders are requested to submit Income Tax Return Certificate, Sales Tax and Service Tax Registration and Provident Fund & ESIC registration along with Part - I of their offer, failing which their offer may be liable to be rejected. NON-CONFORMANCE Tenderer to note that no deviation from BL tender terms, conditions, specification is acceptable. Tenderer not conforming of the above mentioned requirements are liable to be rejected. ARBITRATION Pl refer clause on 5.24 of General condition of Contract. LATE BIDS All tenders received after the notification and time of closing (i.e Due Date & Time) will not be considered. BL will not be responsible for loss of tender documents or delayed delivery for any reason whatsoever. CONFLICT OF INTEREST

Any Tender/ Contract may be rejected if a conflict of interest between the bidder and the company is detected at any stage. RIGHT OF ACCEPTANCE / REJECTION

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Balmer Lawrie & Co. Ltd. Tender No. 0100PC0676 dated 12.08.2016

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Seal & Signature of the Tenderer Page 9 of 95

Mere issue of tender document and submission of bids does not necessarily qualify for consideration of bids. M/s. Balmer Lawrie & Co. Ltd. reserves the right to accept or reject any or the lowest tender either in part or in full without assigning any reason whatsoever. For clarifications required, if any, please contact Mr. M Saha, Sr. Manager [SCM], Phone

No. 022 66258215, Balmer Lawrie & Co. Ltd., Mumbai.

CHECK LIST FOR SUBMISSION OF TENDER (TO BE SUBMITTED WITH UN-PRICED PART)

Tenderers are requested to fill up this Check List and attach supporting documentary evidence. Please tick [ ] the box and ensure compliance.

1.0 Covering Letter with Tender Submitted

2.0 Tender Document Cost Exempted Submitted

BC / DD No. Date Value Rs.

3.0 Validity of Offer 120 days from date of opening of Confirmed

Un-priced bid of the Tender 4.0 Earnest Money Deposit (EMD)

Submitted Exempted being PSU NSIC

Value Rs. BC / DD No. Date

BG No. Date Valid upto

4.1 NSIC Registration Certificate Submitted

4.2 MICRO / SMALL INDUSTRIES Registration Certificate

4.3 Whether Micro / Small industries owned by SC /ST Entrepreneurs

(Valid documentation to be submitted)

5.0 Pre-Qualification Criteria

i) Balance Sheet & Profit & Loss Account for last three years Submitted

ii) Order Copies & Completion Certificate of similar jobs

completed in last seven years Submitted

iii) Other documents as sought in pre-qualification criteria Submitted

6.0 Certificates / Documents

Income Tax Return of last three years Submitted

PAN Card Copy Submitted

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Balmer Lawrie & Co. Ltd. Tender No. 0100PC0676 dated 12.08.2016

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Seal & Signature of the Tenderer Page 10 of 95

VAT / CST / Works Contract Registration Certificate Submitted

PF & ESIC Registration Certificates Submitted

Solvency Certificate Submitted Bank Value Rs. Date 7.0 Tender Information

Details of Past experience in tabular form Submitted

Details of existing work in tabular form Submitted

Quality assurance Plan as proposed by you Submitted

Project Time Schedule / bar chart Submitted

8.0 Notarized Power of Attorney of Person Signing the Tender Submitted

9.0 Price Schedule in Un-priced Bid duly blanked out and signed Submitted

10.0 Price Schedule does not contain any condition Confirmed

11.0 Tender Document (along with addendum if any) duly signed

and stamped on all pages Submitted

12.0 Price quoted strictly as per Tender price schedule Confirmed

13.0 Payment Terms in compliance to tender requirement Confirmed

14.0 Completion Period in compliance to tender requirement Confirmed

15.0 LD clause in compliance to tender requirement Confirmed

16.0 Warranties and Guarantee in compliance to tender requirement Confirmed

17.0 All others Technical & Commercial Terms & Conditions shall remain unaltered as per Tender document Confirmed

18.0 Confirmation to submit the P&ID of the total fire Protection System, Technical Particulars, Technical Catalogs, GA Dwgs, Control schematics & interlocks, type test certificates and routine test certificates of all the supply items. The bidder has to take approval of the owner before

procurement or start of site activities in case the work is awarded to him.

Confirmed 19.0 Confirmation to get ‘Fire Service License” of the complete system from the ‘FIRE DEPARTMENT’, do all necessary formalities, prepare drawings Site-plan or any other requirement to get the approval of the hydrant System in case the work is awarded to the bidder.

Confirmed

20.0 Confirmation on compliance to the HSE management to be complied by successful bidder (attached as Appendix to SCC)

Confirmed 21.0 Site Organization Chart Submitted

22.0 Bar Chart for Contract Execution Submitted

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Vendor / Supplier Information

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Seal & Signature of the Tenderer Page 12 of 95

Sl no. Description

Details to be filled up by Vendor/Supplier

1 Name1 (max. 35 char.)

2 Name2 (max. 40 char.)

3 Street/House No. (max. 50 char.)

4 Street1 (max. 40 char.)

5 Street2 (max. 40 char.)

6 PIN Code (Postal Index No. e.g. "700001") (max. 6 char.)

7 City/Place (e.g. "Kolkata" or "Dehradun") (max. 40 char.)

8 Country ("India" or "England" or as the name of country be)

9 State (Name the state from where the office of Vendor/Supplier operates)

10 First Tel. No.(with STD Code) : (e.g. 033-22225280 or 022-66552814)(max. 30 char.)

11 First Fax No. (with STD Code)

12 Contact Person

13 First Mobile No.

14 E-mail Address) (max. 40 char.)

15 Service Tax Registration No. :

16 PAN No. :

17 CST No. :

18 Local Sales Tax No.(VAT) :

19 Bank Name (max. 60 char.)

20 Street (max. 35 char.)

21 City (max. 35 char.)

22 Branch (max. 40 char.)

23 IFSC Code

24 MICR Code

25 Account No.

26 Type of Account (Current, Savings, etc.)

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General Conditions of Contract

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I N D E X Article I DEFINITIONS Article II INTERPRETATION OF GENERAL CONDITIONS OF CONTRACT

2.00 General 2.01 Discrepancy in Tender Document 2.02 Headings / Titles 2.03 Singular and Plural

Article III GENERAL INSTRUCTIONS TO TENDERERS

3.01 Non-transferability of Tender Documents 3.02 Tenderer's responsibility to collect all required data 3.03 Complete & Competitive Offer 3.04 Submission of tender 3.05 Details to be submitted along with the tender 3.06 Rates and other entries 3.07 Right to accept or reject tender 3.08 Contract agreement 3.09 Earnest Money 3.10 Security deposit 3.11 Validity of offer 3.12 Time for completion of work

Article IV GENERAL INFORMATION 4.01 Site information, climatic condition etc. 4.02 Construction water 4.03 Construction power 4.04 Accommodation for labour & supervisory staff 4.05 Temporary roads and drains 4.06 Contractor's field office, go-down and stores

Article V GENERAL OBLIGATION AND PERFORMANCE OF WORK

5.01 Execution of work 5.02 Co-ordination and inspection of work 5.03 General conditions for construction and erection work 5.04 Work in Monsoon 5.05 Drawing to be supplied by the Owner 5.06 Drawings to be supplied by the Contractor 5.07 Setting out work 5.08 Reports & Records 5.09 Issue of materials 5.10 Storage 5.12 Packing, Marking and Dispatch Instructions 5.13 Damage to property 5.14 Articles of value found 5.15 Discrepancies between instructions 5.16 Liquidated Damage 5.17 Force Majeure 5.18 Period of liability

5.19 Right of owner to terminate the contract 5.20 Sub-letting of work 5.21 Patents and royalties 5.22 Performance guarantee & warranty 5.23 Contractor's responsibility with other agencies 5.24 Arbitration 5.25 Revision / Changes / Quantity variation

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Article VI INSPECTION, CERTIFICATION AND PAYMENT

6.01 Inspection & testing 6.02 Schedule of rates and payments 6.03 Procedure for measurement/billing of work in progress 6.04 Notice of claim for additional payment 6.05 Completion certificate 6.06 Final Certificate 6.07 Certificate and payments on evidence of completion

Article VII RULES, REGULATIONS & INSURANCE COVERAGE

7.01 Observance of rules/acts in force 7.02 Taxes, duties, octroi & other statutory payments 7.03 Labour Laws 7.04 Implementation of Apprentice Act 1964 7.05 Insurance

Article VIII SAFETY CODES & PRACTICES

8.01 General 8.02 First aid and Industrial injuries 8.03 General Rules 8.04 Contractors barricades 8.05 Safety equipment 8.06 Hoisting equipment

8.07 Electrical equipment

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ARTICLE - I

DEFINITIONS 1.0 GENERAL The following expressions hereunder and elsewhere in the contract documents used

shall have the following meanings hereunder respectively assigned to them except where the context otherwise requires:

1.01 The "Owner / "Employer" shall mean M/s. Balmer Lawrie & Co. Limited, a company

incorporated in India and having its registered office at 21, N.S.Road, Kolkata – 700 001. and shall include its successors and assigns.

1.02 "Tenderers" or "Bidders" shall mean such parties who have been issued Tender

Document by the Owner and those parties who have submitted these offers to the Owner in response to the Tender Document issued to them.

1.03 "Tender Document" shall mean the Tender Documents comprising Part I (Unpriced

Bid) - Invitation to Tenders, General Conditions of contract, Special Conditions of Contract, Schedule of Quantities, Drawings / Sketches, Data Sheets, Addenda / Corrigenda to the tender document issued by the Owner, Form of Tender and Part II (Priced Bid) - Price Schedule.

1.04 The "Contractor / Successful tenderer" shall mean the tenderer selected by the

Owner for the performance of the work. 1.05 The "Contractor" shall mean any person or firm or company (other than the Owner)

to whom any part of work has been entrusted by the Owner with the written consent of the Engineer-In-Charge, and the legal representatives, Successors and permitted Assigns of such person, firm or company.

1.06 The "Project" shall mean proposed Supply, Erection, Testing & Commissioning of

Fire Protection System at Barrel plant, Asaoti, Haryana 1.07 The "Project Manager" shall mean the Officer nominated by Owner to co-ordinate

and supervise all the activities connected with the implementation of project on their behalf. "Project Manager" may at his discretion depute Owner's officers to co-ordinate / supervise the work of Contractor at site.

1.08 The "Engineer-In-Charge" shall mean the Engineer/Agency authorized by the Owner

for the purpose of the Contract for overall supervision and co-ordination of project activity and certification of billing.

1.09 "Site" shall mean all such land, waters and other places on, under, in or through

which the works for the Project are to be performed under the Contract. 1.10 The "Site Engineer" shall mean the Engineer(s) for the time being deputed by the

Engineer-In-Charge as Site Engineer for the work to be performed by the Contractor at any and/or all job sites and to co-ordinate all activities of all parties at site.

1.11 "Inspecting Authority" means Third Party Inspection Agency (TPIA) as specified by

the Owner or Owner's representative. 1.12 The "Work" and "Scope of Work" shall mean the totality of the work by expression or

implication envisaged in the contract and shall include all material, equipment and

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labour required for or relative or incidental to or in connection with the commencement, performance or completion of any work and/or for incorporation in the work.

1.13 The "Works" shall mean the product(s) of the work and shall include all extras,

additions, alterations or substitution as required for the purpose of the contract. 1.14 The "Works Contract" or "Contract" shall mean the totality of the agreements

between the parties as derived from the Contract Documents for the entire work. 1.15 The "Contract Documents" shall mean collectively Tender Documents and the

Contract Documents as laid out in this Standard Contract Format which is based on the General & Special Conditions of Contract.

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

specifications forming part of the tender documents and as referred to and derived from the contract and any order(s) or instruction(s) thereunder, and the absence of any specifications as aforesaid covering any particular work or part of portion thereof, shall mean the relevant Indian Standard Institution Specifications for or relative to the particular work or part thereof, and in the absence of any Indian Standard Institution Specifications covering the relative work or part or portion thereof, shall mean the standards or specifications of any other country applied in India as a matter of standard engineering practice and approved in writing by the Engineer-In-Charge or Site Engineer with or without modifications.

1.17 "Order" and "Instruction" shall respectively mean any Written Order or Instruction

given by the Engineer-In-Charge or Site Engineer within the scope of their respective powers in terms of the Contract and shall include alteration / variation order to effect additions to or deletion from and / or alteration in the work detailed in the contract.

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

maps, plans, drawings, sketches, tracings and prints forming part of the tender documents and any details or working drawings, amendments and/or modifications thereof approved in writing by the Engineer-In-Charge, Site Engineer or any agency notified by the Engineer-In-Charge to the contractor for the purpose and shall include any other drawings or plans in connection with the work as may from time to time be furnished by or approved in writing by the Engineer-In-Charge or Site Engineer or any other agency nominated by the Engineer-In-Charge on his behalf in connection with the work.

1.19 "Temporary Work" / "Enabling Work" shall mean all such works which are required in

or about the execution, completion or maintenance of the work and if not provided for specifically in the Schedule of rates shall be deemed to be done by the Contractor at his own cost in fulfillment of the contract.

1.20 "Constructional Plant" shall mean all such Plant & Machinery, appliances, aids or

things of whatsoever nature other than materials intended to form part of the permanent works which are required in or about the execution, completion for maintenance of temporary and permanent work.

1.21 "Completion Certificate" shall mean the Certificate to be issued by the Engineer-In-

Charge after the work has been completed to his satisfaction. 1.22 "The Final Certificate" in relation to the work shall mean the certificate to be issued

after the period of liability is over by the Owner regarding satisfactory compliance of various provisions of the contract by the Contractor.

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1.23 "Period of Liability" or "Defect Liability Period" refers to the Specified period from the

date of completion of the entire work as indicated in the completion certificate upto the date of issue of Final Certificate during which the Contractor is responsible for rectifying all defects "free of cost" to the satisfaction of Owner.

1.24 "Schedule of Work"/ "Schedule of Quantities" /“Tender Schedule” shall mean the

schedule of rates incorporated in the contract and shall also include supply rates for labour, material etc. as well as payments for all such work determined in accordance with the contract conditions.

1.25 "Running Account Bill" shall mean a Bill for the payment of "On Account" to the

Contractor. 1.26 "Agreed Variation" shall mean the statement of Agreed Variation annexed to the

Acceptance of Tender or a further Amendment to the Contract forming part thereof. 1.27 "Acceptance of Tender" shall mean the Acceptance of Tender issued by the Owner

and acceptance of bid of the Contractor against that tender. 1.28 The "Total Contract Value" shall up to calculation of the entire remuneration due to

the Contractor in terms of the Contract, on successful completion of the works means the total contract value as specified in the Acceptance of Tender and after calculation of the entire remuneration due to the Contractor under the contract, on successful completion of the works shall mean the totality of such remuneration.

1.29 "Written Notice" or "Notice" in writing shall mean all hand written, typed / printed form

sent (unless delivered personally) or proved to have been received by registered post to the last known address / private / business or registered office, of the Contractor and shall be deemed to have been received in the ordinary course of post it would have been delivered.

1.30 "Letter of Intent" shall mean an intimation by a letter to the successful tenderer that

the tender has been accepted in accordance with the provisions contained therein. 1.31 "Progress Schedule" shall mean the time schedule of Progress of Work. 1.32 The "Alteration Order or Variation Order" means Order given in writing by the Owner

to effect additions to or deletions from and alterations in the work. 1.33 "Measurement book(s) /Sheet(s)" shall mean the register preserved by the Engineer-

In-Charge, where all measurements taken at site are neatly recorded by the Engineer-In-Charge or his authorized representative and signed in token of acceptance by the Contractor or his authorized representative.

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ARTICLE - II

INTERPRETATION OF GENERAL CONDITIONS OF CONTRACT 2.0 GENERAL The following general conditions shall be read in conjunction with the other

conditions of contract, special conditions of contract, Technical Specifications etc. and shall be considered as an extension and not in limitation of the obligations of the Contractor. In case of discrepancy, if any, between these conditions the precedence shall be as stated elsewhere in the special conditions of contract.

2.01 DISCREPANCY IN TENDER DOCUMENT Should there be any discrepancy, inconsistency, error or omission in the Tender

Documents, the Tenderer shall bring it to the notice of the Owner for necessary clarification / action. In the event such matters are referred to later the decision of the Owner directing the manner in which the work is to be carried out shall be final & conclusive and the Contractor shall carry out work in accordance with this decision.

2.02 HEADINGS / TITLES All headings & Titles/Notices to the clauses, specifications /drawings are solely for

the purpose of indicative reference and not as summary of the contents and thus shall not be deemed to be part of the clauses of the contract.

2.03 SINGULAR AND PLURAL Unless otherwise stated or repugnant to the context the singular shall include plural

and vice-versa.

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ARTICLE - III

GENERAL INSTRUCTIONS TO TENDERERS 3.01 NON-TRANSFERABILITY OF TENDER DOCUMENTS Tender documents shall remain the property of the Owner and if obtained by one

intending tenderer, shall not be utilizable by another without the written consent of the Owner.

3.02 TENDERERS RESPONSIBILITY TO COLLECT ALL REQUIRED DATA (i) The tenderer should study all tender documents, carefully, understand the condition /

drawing / specification etc. before quoting. If there are any doubts about tender conditions he should obtain clarification from the Engineer-In-Charge. This shall not be the justification for late submission or extension, compensating date or time to the tender. All tender documents shall govern the contract, shall form part of the contract and shall be binding during the execution till completion of work.

(ii) The tenderer should visit the site and acquaint himself with the local condition, site

conditions, all factors which are likely to be relevant for the works, availability and rates for various things including construction materials as per specification, shelter for staff etc. since these are to be provided / arranged by the tenderer (unless otherwise specified) at his own cost. In any case it will be deemed that tenderer has done so and no claim whatsoever will be entertained on the plea of ignorance of any factor or difficulties involved in fulfilling the tender conditions.

(iii) Under no circumstances, Tenders may be withdrawn or modified after submission to

the Owner. Negligence on the part of the Tenderer in preparing his tender confer no right for withdrawal or modification of his tender after the tender has been opened.

3.03 COMPLETE & COMPETITIVE OFFER (i) Tenderers are required to make the lowest offer for the work as per the enclosed

specification and details available therein. The estimated quantities given in the schedule of Quantities are approximate. As the work progresses, it is possible that there are variations.

(ii) The rates quoted should be inclusive of all materials, labour, incidental expenses,

Equipment, Tools/Tackles, Transportation of materials and Labour, Taxes & Duties, Excise, VAT, Customs, Octroi Duty, Sales Tax, Service tax etc. All materials are to be supplied by the Tenderer unless otherwise stated.

(iii) Incomplete / Conditional tender quotation or those received late and / or not

conforming to the terms and conditions in the tender documents will be liable to get rejected.

(iv) It is in the Tenderer's interest to adhere to the tender conditions, specifications and

Tender Schedule. Should the tenderer however consider it unavoidable, deviations should be clearly spelt out with reference to tender conditions. Owner reserves the right to determine / evaluate financial implication of such deviations without any reference to the tenderer or at his discretion consider such tenders liable for disqualification.

(v) After "Unpriced" bids are evaluated, tenderers whose bids are found acceptable may

be invited for discussions for exchange of clarifications, required, if any. At that

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stage, depending on the merits of the case, opportunity may be given to amend the "Priced" bids already received along with the unpriced bids, but not opened until then. Such amendments or revisions would need to be submitted in similar sealed envelopes generally not later than 7 days after the date of such discussions. Tenders indicating counter proposals or deviations are liable to be rejected.

(vi) Tenderers are expected to quote rate for each item after careful analysis of cost

involved for the performance of the completed item considering all Specifications and conditions of Contract. This will avoid loss of profit or gain in case of curtailment or change of Specification for any item. In case it is noticed that the rates quoted by the Tenderer for any item are unusually high or unusually low it will be sufficient cause for the rejection of the Tender unless the Owner is convinced about the reasonableness of the rates on scrutiny of the analysis for such rate to be furnished by the Tenderer on demand.

3.04 SUBMISSION OF TENDER Refer NIT, Tender submission (e-procurement) 3.05 DETAILS TO BE SUBMITTED ALONG WITH THE TENDER The tender, as submitted, shall consist of the following: (i) Earnest money amounting to and in the manner specified along with the Un-priced

bid. (ii) Power of Attorney or other proof of authority (or a copy duly attested by a Gazetted

Officer) of the person who has signed the tender. (iii) Details in proforma wherever prescribed regarding the following : a) Pre-qualification documents as sought in NIT. Similar work done in past five years by

the tenderer. b) Work in progress and booked along with details of original schedule of completion

progress status, likely completion etc. c) Proposed minimum constructional equipment, tools and tackles etc. to be deployed

during the different stages of work. d) Proposed site organization chart along with bio-data of key personnel. e) Latest certificate of solvency / Income Tax/ Sales Tax / Service Tax/ VAT / PF

registration / ESI obligations etc. f) Detailed work schedule / bar chart establishing compliance with the time of

completion. g) Last three financial years audited company balance sheet. Last three financial years

IT return. h) Any other documents required in terms of this tender. 3.06 RATES AND OTHER ENTRIES (i) The tenderer should quote for all items in the Schedule of Rates. The rate should be

expressed in English both in figures and words. Where discrepancy exists between the two, the rates expressed in words will prevail. Similarly if there is any discrepancy

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between unit rate and total amount, the unit rate will prevail. (ii) The rates should be quoted in the same units as mentioned in the tender schedule of

quantities. (iii) All entries in the tender documents should be in ink / type. Corrections if any should

be attested by full signature of the tenderer. (iv) Every page of the tender document including annexure / enclosures shall be

stamped and signed by the tenderer or his authorized representative thereby indicating that each and every page has been read and the points noted.

3.07 RIGHT TO ACCEPT OR REJECT TENDER The Owner reserves the right to accept or reject any or every tender in part or in full

without assigning any reason whatsoever or to negotiate with the tenderer(s) in the manner the Owner considers suitable. The work may be split up if considered expedient.

3.08 CONTRACT AGREEMENT The successful tenderer shall within 15-days of the Owner's communication to him of

the Acceptance of the Tender, execute formal agreement with the Owner in the proforma attached to the Tender Document.

In the event of failure on the part of the successful Tenderer to sign the agreement

within the stipulated time period, the Earnest Money Deposit will be forfeited and the Acceptance of the Tender shall be considered as canceled.

3.09 EARNEST MONEY (i) The Tenderer shall be required to submit an Earnest Money as mentioned in the

Notice Inviting Tender along with the un-priced part of the tender and the same shall be returned to the unsuccessful tenderers after the selection of the successful tenderer. Earnest money for the successful tenderer shall be released after submission of initial security deposit by him.

Bank draft drawn on a MUMBAI branch of any Scheduled Bank in favour of M/s Balmer Lawrie & Co. Ltd.

(ii) If the successful tenderer is unable to accept or execute orders when placed upon

him or fails to deposit the Initial Security Deposit or withdraws / revises his quoted prices and quantities offered, within the validity period of his tender or after placement of the Order / Letter of Acceptance, his Earnest Money Deposit shall be forfeited.

(iiii) No interest shall be payable against Earnest Money Deposit. 3.10 SECURITY DEPOSIT (i) On acceptance of the Bid, Contractor shall within fifteen (15) days, deposit with

Owner an initial Security Deposit of 5% of the Total Contract value and the same shall be in any of the following:

a) Bank draft drawn on a MUMBAI Branch of any Scheduled Bank in favour of

M/s Balmer Lawrie & Co. Ltd.

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b) Bank Guarantee executed by any Scheduled Bank as per proforma enclosed. (ii) If Contractor fails to provide the Security Deposit within the period specified, such

failure will constitute a breach of the Contract and Owner shall be entitled to award the Work elsewhere at Contractor's risk and cost and Earnest Money will be forfeited. The Security Deposit shall be released to the Contractor after successful completion of work.

(iii) No interest shall be payable against Security Deposit. (iv) As and by way of additional security, from every progress bill of Contractor, Security

Deposit in the form of Retention Money at the rate of 10% of the Gross value of such bill as determined before payment shall be retained by the Owner upto accumulation of 10% of Order Value collectively with initial security deposit. Owner may permit Contractor to replace the Retention Money so retained by Bank Guarantee at his sole discretion after successful completion of the work.

(v) Wherever the Security Deposit / Retention Money is furnished by Contractor in any

form other than cash or Demand Draft, Contractor shall be entirely responsible to keep such form of security deposit enforceable by Owner by extending the validity thereof if required, by removing the restrictions thereon within one month before the enforceability thereof by Owner is likely to expire and keep them enforceable, until released by Owner after the Defect Liability Period.

(vi) The Security Deposit /Retention Money shall remain at the entire disposal of Owner

as a security for satisfactory execution and completion of the Work(s). Owner shall be at liberty to deduct and appropriate from the Security Deposit / Retention Money such damages (liquidated or otherwise) and other dues and recoveries from Contractor under this Contract and the amount by which Security Deposit / Retention Money is reduced by such appropriations, will be made by further deductions from Contractor's subsequent bills to that extent as to make up the Security Deposit / Retention Money.

(vii) Notwithstanding anything to contrary, in as much as the Security Deposit is to be in

cash with Owner. Owner shall be entitled to enforce any of the approved forms of Security Deposit furnished by Contractor at any time and realize cash thereof irrespective of whether or not Contractor disputes such right. However, if Contractor obtains the extension of the time limit, if any, for the enforceability of such form of Security Deposit and intimates Owner of such extension within one month before expiry, Owner may not enforce such form of Security Deposit, unless it has otherwise become enforceable.

(viii) On due and satisfactory performance of all the obligations of Contractor under this

Contract including completion of work in all respects, carrying out the obligations of Contractor during Defect Liability Period, Retention Money shall be released by Owner subject to recoveries, deductions and retention there from as provided under the Contract.

3.11 VALIDITY OF OFFER Tender submitted by a tenderer shall remain valid for acceptance for a period as

specified in NIT from the date of opening of un-priced bid and will continue thereafter to be valid until specifically revised or permitted by giving seven (7) days notice in writing to the Owner by the tenderer. Tenderer shall not be entitled during the said period, without the consent of the Owner in writing, to revoke or cancel his tender or change the tender offer given or any terms thereof. In case of tenderer revoking or cancelling the tender changing any terms in regard

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thereof without written consent as stated above, the Owner shall forfeit the Earnest Money deposited by him along with the tender. The rates quoted by the successful tenderer shall remain valid and firm for the entire period of contract up to the completion of work. No escalation to this effect will be accepted by the Owner.

3.12 TIME FOR COMPLETION OF WORK Time is the essence of the contract. The tenderer shall submit their plan to complete the whole work

according to the overall time allowed for the execution of work as given in the Tender Documents and NIT. The allowed time for completion of the work as per the NIT includes contract agreement signing and mobilisation of manpower and equipment at site.

3.12.1 The contractor shall complete in all respects in accordance with the Contract, the entire work at each

job site within the time specified in this behalf in the Time Schedule. 3.12.2 If the Owner so requires, the Progress Schedule in the form of PERT chart, giving the latest dates of

starting and latest dates of finishing of various operations comprising the work as also the activities in the critical path and latest dates for achievement of specific milestones in respect of the work so as to complete in all respects the works (including testing and consequential operations) within the time provided in the Time Schedule. This Progress Schedule should also indicate the interlinking of the various activities and bring to light the specific/ critical items on which the inputs from the owner/ Engineer-in-Charge/ Consultant or other agencies, if any, would be required, to ensure adherence to the schedule.

3.12.3 It is the contractor’s responsibility to prepare and submit to the Owner / EIC, a Progress Schedule as

envisaged above (the dates of progress as fixed by the Engineer-in-Charge being final and binding upon the contractor except as herein otherwise expressed provided) and shall then be the Approved Progress Schedule and all the provisions of clauses 3.12.2 shall apply relative thereto.

3.12.4 Any reference in the Contract Documents to the Approved Progress Schedule” or to the “Progress

Schedule” shall mean the “Approved Progress Schedule” specified in clause 3.12.2 & 3.12.3 above. In the absence of such approved Progress Schedule, the Progress Schedule prepared by the Contractor (with incorporation of the Owner’s / Engineer-in-Charge’s comments thereon if any), shall until such approved Progress Schedule comes into existence, be deemed to be the Progress Schedule for the purpose of the contract.

3.12.5 Within 7(seven) days of the occurrence of any act, event or omission which, in the opinion of the

Contractor, is likely to lead to delay in the commencement or completion of any particular work(s or operaton(s) or the entire work at any job site(s) and in such as would entitle the Contractor to an extension of the time specified in this behalf in the Progress Schedule(s), the Contractor shall inform the site engineer and the Engineer-in-Charge in writing of the occurrence of the act, event or omission and the date of commencement of such occurrence. Thereafter, if even upon the cessation of such act or event or the fulfilment of the omission, the Contractor in his opinion that an extension of the time specified in the Progress Schedule relative to the particular operation(s) or item(s) or work or the entire work at the job site(s) is necessary, the Contractor shall within 7 (seven) days after the cessation or fulfilment as aforesaid make a written request to the Engineer-in-Charge for extension of the relative time specified in the Progress Schedule and the Engineer-in-Charge may at any time prior to completion of the work extend the relative time of completion in the Progress Schedule for such period(s) as he considers necessary, if he is of opinion that such act, event or omission constitutes a ground for extension of time in terms of the Contract and that such act, event or omission has in fact resulted in insurmountable delay to the Contractor.

3.12.5.1 The application for extension of time made by the Contractor to the Engineer-in-Charge should contain full details of- a) The notice under clause 3.12.5 with a copy each of the notice sent to the Engineer-in-

Charge and Site Engineer.

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b) The activity for the Progress Schedule affected. c) The bottleneck(s) or obstruction(s) perceived/ experienced, and the reason(s) therefor, d) Extension required/ necessitated on account of c) above e) Extension required/ necessitated on account of reasons attributable to the Owner, f) Extension required/ necessitated on account of force majeure reasons, and g) The total extension of time (if any) required/ necessitated for completion, taking the

above into account and after eliminating all overlaps.

3.12.5.2 The opinion/ decision of the Engineer-in-Charge in this behalf and as to the extension of time necessary shall, subject to the provisions of clause 3.12.6 hereof, be final and binding upon the Contractor.

3.12.6 Notwithstanding the provisions of clause 3.12.5 hereof, the Owner may at any time at the

request of the Contractor made by way of appeal either against the decision of the Engineer-in-Charge taken under clause 3.12.5 or against the Engineer-in-Charge’s refusal to take a decision under the said clause. If satisfied of the work or any item or operation thereof such period(s) as the Owner may consider necessary, and the decision of the Owner as to the existence or otherwise of any grounds justifying the extension and to the period(s) of extension necessary shall be final and binding upon the Contractor.

3.12.7 Subject as elsewhere herein or in the contract documents expressly provided, only the

existence of force majeure circumstances as defined in 3.12.8 hereof shall afford the Contractor a ground for extension of time for completion of the work or any part of the work or any operation(s) involved therein, and specifically without prejudice to the generality of the foregoing, inclement weather, strike, shutdown, third party breach, delay in supply of material(s) or commercial hardship shall not afford the Contractor a ground for extension of time or relieve the Contractor of his/its full obligations under the Contract, nor will any forced shutdown or idleness or other impediment in progress or completion of the work due to any reason whatsoever afford the Contractor a ground for extension of time or relieve the Contractor of his/its full obligations under the Contract except and to the extent otherwise elsewhere herein specifically provided, nor shall any shut down or idle time charges be payable by the Owner to the Contractor for delay in the commencement, progress or completion of the work due to any reason whatsoever, including due to the existence of force majeure circumstances.

3.12.8 The term “Force Majeure” as employed in this contract shall mean wars (declared or

undeclared) or revolutions, civil wars, tidal waves, fires, major floods, earthquakes, epidemics, quarantine restrictions and freight embargoes and transporters strikes affecting the country as a whole.

3.12.9 Upon an extension of the time for completion of the work or any part of the work or any

operation(s) involved therein pursuant to clause 3.12.5 or clause 3.12.6 hereof, the extended date/time of completion shall be deemed to be the relative date of completion in the Progress Schedule, and such extension shall constitute the sole remedy of the Contractor for and/or arising out of such delays, and the Contractor hereby waives any and all contrary rights.

3.12.10 The mere fact that the Owner shall not have terminated the contract or that the Owner or

Engineer-in-Charge has permitted the Contractor, for the time being to continue with the work for its completion shall not prejudice the full rights and remedies available to the Owner under the contract arising out of the delayed completion, including the right of Liquidated Damages and/or termination. Such permission(s) shall unless specifically stated to be an extension of time under clause 3.12.5 or 3.12.6, as the case may be, not be construed as extension(s) of time extension under clause 3.12.5 or 3.12.6 hereof, and shall merely constitute an indication

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or intimation, as the case may be, of the Owner’s willingness, for the time being, to accept the delayed completion, subject to its rights under the contract.

3.12.11 No assurance, representation, promise or other statement by any personnel, engineer or

representative of the Owner in relation to extension of time for commencement or completion of any work(s) or operation thereof or of the entire works under the contract shall be binding upon the Owner or shall constitute an extension of time for commencement or completion of the entire works or any part or operation thereof within the provisions of clause 3.12.5 or 3.12.6 hereof, unless the same has been communicated to the Contractor in writing by the Engineer-in-Charge under clause 3.12.5 or by the ED[IP] under clause 3.12.6and in writing specifically states that it embodies an extension of time within the provisions of clause 3.12.5 or clause 3.12.6 as the case may be, and without prejudice to the aforegoing, the mere agreement or prescription or signing of a Progress Schedule by the site engineer or any site representative of the Owner at variance of the progress schedule, as the case may be, referred to in clauses 3.12.2, 3.12.3 and/or 3.12.4 hereof or containing an extended time of commencement or completion in respect of the entire work(s) or any part or operation thereof shall not anywise constitute an extension of time in the terms of the Contract so as to bind the Owner or relieve the Contractor of all or any of his liabilities under the Contract, nor shall constitute a promise on behalf of the owner or a waiver by the Owner of any of its rights in terms of the contract relative to the performance of the contract within the time specified or otherwise, but shall be deemed only(at the most) as a guidance to the Contractor for better organising his work on a recognition that the Contractor has failed to organise his work and/or perform the same within the time specified in the Progress Schedule established within the provisions of clause 3.12.2 or clause 3.12.3 or clause 3.12.4 hereof, as the case may be.

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ARTICLE - IV

GENERAL INFORMATION 4.01 SITE INFORMATION, CLIMATIC CONDITION ETC. Site address is given below. The tenderers shall satisfied themselves regarding site

condition, access, communication facilities, local conditions, climatic conditions and shall be deemed to have included the impact of these factors within their quoted rates.

Site Address:

Balmer Lawrie & Co. Ltd., SBU – Industrial Packaging Vill: Piyala, PO Asaoti Faridabad (Hariyana) – 121102

Ph - 0129-2205073, Fax – 0129-2215090 Entire work shall be carried out in running plant without disturbing the plant operation and production. 4.02 CONSTRUCTION WATER & WATER FOR HYDROTESTING OF FIRE WATER

TANK As per NIT. 4.03 CONSTRUCTION POWER As per NIT. 4.04 ACCOMMODATION FOR LABOUR & SUPERVISORY STAFF The Contractor shall make his own arrangements for accommodation of his labour

and supervisory personnel. No accommodation for labour & supervisory staff shall be provided within the site premises.

4.05 TEMPORARY ROADS & DRAINS All roads, drains and fabrication yard required for construction facilities are to be

constructed and maintained by the Contractor at his own cost. 4.06 CONTRACTOR'S FIELD OFFICE, GODOWN AND WORKSHOP Owner will at his own discretion and convenience and for the duration of the

execution of the work make available near the Site, land for construction of Contractor's field office, go downs, stores, workshops and assembly yard required for the execution of the Contract. The Contractor shall at his own cost construct all temporary buildings and provide suitable water supply and sanitary arrangement approved by the Engineer-In-Charge. Such temporary constructions shall be dismantled after completion of work and contractor shall make the land good at his own cost. No accommodation for labour shall be allowed within the site premises.

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ARTICLE - V

GENERAL OBLIGATION & PERFORMANCE OF WORK 5.01 EXECUTION OF WORK All the work shall be executed in strict conformity with the provisions of the Contract

Document and with such explanatory detailed Drawings, Specifications and Instructions as may be furnished from time to time to the Contractor by the Engineer-In-Charge, whether mentioned in the contract or not. The Contractor shall be responsible for ensuring that Work throughout are executed in the most substantial proper and workmanlike manner with the quality of material and workmanship in strict accordance with the Specifications and to the entire satisfaction of the Engineer-In-Charge.

5.02 CO-ORDINATION AND INSPECTION OF WORK

(i) The co-ordination and inspection of the day-to-day Work under the Contract shall be the responsibility of the Engineer-In-Charge but this will not detract the Contractor's full responsibility. The written instructions regarding any particular work will normally be passed by the Engineer-In-Charge or his Authorized Representative. A work order book will be maintained by the Contractor for each sector in which the aforesaid written instructions will be entered. These will be signed by the Contractor or his authorized representative by way of acknowledgment within Twelve (12) hours. The pages in the work order book shall be machine numbered.

(ii) The Engineer-In-Charge will have full power and authority to inspect the Work

at any time wherever in progress either on the Site or at the Contractor's Premises / Workshops wherever situated, Premises / Workshops of any person, firm or corporation where work in connection with the Contract may be in hand or where materials are being or are to be supplied, and Contractor shall afford or procure for the Engineer-In-Charge, every facility and assistance to carry out such inspection. Contractor shall, at all time during the usual working hours and all other times at which reasonable notice of the intention of the Engineer-In-charge or his representative to visit the Work shall have been given to Contractor, either himself be present to receive orders and instructions, or have a responsible agent duly accredited in writing present for the purpose.

5.03 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK

(i) The working time is forty-eight (48) hours per week. Overtime of work is permitted in cases of need and the Contractor may compensate the same. Shift working at two (2) or three shifts per day will become necessary and the Contractor should take this aspect into consideration for formulating his rates for quotation. No extra claims will be entertained by the Owner on this account.

(ii) For carrying out work on Sundays, and Holidays, the Contractor will approach

the Engineer-In-Charge or representative at least two (2) days in advance and obtain permission in writing.

(iii) The Contractor must arrange for the placement of workers in such a way that the delayed completion of the Work or any part thereof for any reason whatsoever will not affect their proper employment. The Owner will not entertain any claim for idle labour payment whatsoever.

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(iv) The Contractor shall submit to the Engineer-in charge of Owner reports at

regular intervals regarding the state and progress of work. The details and proforma of the report will mutually be agreed after the award of Contract.

(v) The Contractor shall arrange for required number of competent Engineer

Supervisor to be present at site at all times during the progress of the work, who shall be duly authorized to take instructions and execute them on his behalf.

5.04 WORK IN MONSOON The completion of the work may entail working in the monsoon also. The Contractor

must maintain a minimum labor force as may be required for the Work and plan and execute the construction and erection according to the prescribed schedule. No extra payment will be considered for such work in monsoon.

During monsoon and other period, it shall be the responsibility of the Contractor to

keep the construction work site free from water at his own cost. 5.05 DRAWING TO BE SUPPLIED BY THE OWNER

(i) Where drawings are attached with Tender, these shall be for the general guidance of the contractor to enable him to visualize the type of Work contemplated and Scope of Work involved. The contractor will be deemed to have studied the Drawings and formed an idea about the work involved.

5.06 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR

(i) Working drawings/Data are to be furnished by the Contractor, they shall be as enumerated in the special conditions of the Contract, technical specification of the hydrant system and shall be furnished within the agreed upon time schedule.

(ii) Where approval of Drawings for Manufacture/Construction/ Fabrication has been specified, it shall be Contractor's responsibility to have these drawings prepared as per the directions of Engineer-in-Charge and to get approved before proceeding with Manufacture /Construction /Fabrication as the case may be. Any changes that may have become necessary in these drawings during the execution of work shall have to be carried out by the Contractor to the satisfaction of Engineer-in-Charge at no extra cost. All final drawings shall bear certification stamp as duly signed by the Engineer-in-Charge.

(iii) Copies of all detailed working drawing relating to Work shall be kept at the

Contractor's office at the Site and shall be made available to the Engineer-In-Charge at any time during the Contract. The drawings and other documents issued by the Owner shall be returned to them on completion of the Work.

5.07 SETTING OUT WORK

(i) Engineer-in-Charge will establish and clearly mark a reference base line at the site and will establish reference bench mark from which Contractor shall establish such other points, lines, elevations, etc. as he may require for the proper execution of the work.

(ii) Contractor shall be responsible for the true and proper setting out of the

works and for the correctness of the positions, levels, dimensions and alignments of all the parts of the works and for the provisions of all necessary

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instruments, appliances and labour in connection therewith. If at any time during the progress of the works, any error appears or arises in the position, levels, dimensions or alignments of any part of the works, Contractor, on being required to do so by Engineer-In-Charge, shall, at his own expense, rectify such error to the satisfaction of Engineer-In-Charge unless such error is based on incorrect data supplied in writing by Engineer-In-Charge. The checking of any setting out or any line or level by Engineer-In-Charge shall not in any way relieve Contractor of his responsibility for the correctness thereof and Contractor shall carefully protect and preserve all the bench marks, side rails, pegs and other things used in setting out of the work.

5.08 REPORTS AND RECORDS

(i) Within seven (7) days of the Award, Contractor shall submit to Engineer-In-Charge the detailed programme, the content and form of which shall be satisfactory to Engineer-In-Charge showing the order to procedure and method in which he proposes to carry out the work and the time limit and sequence of carrying out the work and shall, whenever required by Engineer-In-Charge, furnish for his information particulars in writing of Contractor's arrangements for the carrying out of the work and of constructional plant and temporary works which Contractor intends to supply, use or construct as the case may be. The approval by Engineer-In-Charge of such programme or the furnishing of such particulars shall not relieve Contractor of any of his duties or responsibilities under this Contract.

(ii) Contractor shall submit to Engineer-In-Charge by the fifth (5th) day of each

month for each part of his work under this Contract and in summary.

a) A month by month forecast and a historical record up to completion of his requirements and actual use of :

-manpower by craft, type and position or other description. -materials and supplies including quantity on hand and delivery status. -construction equipment and plant furnished by Contractor.

b) A month by month forecast up to completion of the amount of Work

done and the amount remaining to be completed and all historical record of the Work performed.

c) Such other reports as Engineer-In-Charge may from time to time

specify.

5.09 ISSUE OF MATERIALS

a) Materials specified as to be issued to Contractor will be supplied to Contractor at Site. It shall be the responsibility of Contractor to take delivery of the materials and arrange for its loading, transport and unloading at Site at his own cost.

(ii) Contractor shall bear all incidental charges for the storage and safe custody

of materials at Site after these have been issued to him. (iii) Contractor shall construct suitable go-down at Site for storing his own

materials and materials issued to him by the Owner, as the case may be, safe against damage by rain, dampness, fire, theft etc. He shall also employ necessary watch and ward establishment for the purpose.

(iv) It shall be the duty of Contractor to inspect the materials supplied to him at

the time of taking delivery and satisfy himself that they are in good condition.

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After the materials have been delivered, it shall be the responsibility of Contractor to keep them in good condition and if the materials are damaged or lost, at any time, they shall be repaired and/or replaced by him at his own cost according to the directions of the Engineer-in-Charge.

(v) It shall be responsibility of Contractor to arrange in time all materials required

for Work other than those to be supplied by Owner. If, however, in the opinion of the Engineer-in-Charge the execution of Work is likely to be delayed due to Contractor's inability to make arrangements for supply of materials which normally he has to arrange for, the Engineer-in-Charge shall have the right at his own discretion to issue such materials if available with Owner or procure the materials from the market or elsewhere and Contractor will be bound to take such materials at the rates decided by the Engineer-in-Charge. This, however, does not in any way absolve Contractor from his responsibility of making arrangements for the supply of such materials in part or in full should such a situation occur nor shall this constitute reason for the delay in the execution of Work.

(vi) Contractor shall, if desired by the Engineer-in-Charge, be required to execute

an indemnity bond in the prescribed form for safe custody and accounting of all materials issued by Owner.

(vii) Contractor shall furnish to the Engineer-in-Charge sufficiently in advance a

statement showing his requirement of the quantities of the materials to be supplied by Owner and the time when the same will be required by him for Work so as to enable the Engineer-in-Charge to make necessary arrangements for procurement and supply of the material.

(viii) A day-to-day account of the materials issued by Owner shall be maintained

by Contractor indicating the daily receipt, consumption and balance in hand. This account shall be maintained in a manner prescribed by the Engineer-in-Charge along with all connected papers viz., requisitions, issues etc. and shall be always available for inspection in the Contractor's office at Site.

(ix) Contractor should see that only the required quantities of materials are got

issued. Contractor shall be entitled to cartage and incidental charges for returning the surplus materials, if any, to the Owner’s stores where from they were issued or to the place as directed by the Engineer-in- Charge.

(x) Materials/Equipment supplied by Owner shall not be utilized for other

purpose(s) than issued for. 5.10 STORAGE Contractor shall provide or cause to be provided all storage yards, transit sheds and

warehouses necessary for the performance of his work at locations approved by Engineer-in-Charge. Material supplies, equipment and plant stored by Contractor shall be effectively protected against pilferage and against damage by the elements.

Contractor shall adopt all procedures, maintain all personnel and keep all records so that, at all times Contractor can account for:

- stores receipt - storage locations - inventories - disbursements - final destinations of all stored items received for Contractor's Work on the Project or any portion

thereof.

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5.12 PACKING, MARKING AND DESPATCH INSTRUCTIONS

(i) Packing / Marking:

All fragile and all exposed parts shall be packed with care and the packages shall bear the words "WITH CARE" both in English and Hindi. Packing shall be made in wooden boxes closed from all sides and strong enough for transshipment in transit. All manufactured surfaces shall be painted with rust proof paint. All small pieces shall be packed in cases. The Contractor shall be held liable for all damage or breakage to the goods due to the defective or insufficient packing as well as for corrosion due to insufficient protections.

On three sides of the packages the following marks shall appear clearly visible and indelible painted at Contractor's care and expense -

FROM : Vendor

FOR : Balmer Lawrie & Co. Ltd., SBU – Industrial Packaging Vill: Piyala, PO Asaoti Faridabad (Hariyana) – 121102

ORDER. NO. ITEM NO. NET WT. GROSS WT. DIMENSIONS CASE NO. OF TOTAL CASE 5.13 DAMAGE TO PROPERTY

(i) Contractor shall be responsible for making good to the satisfaction of Owner any loss of and any damage to all structures and properties belonging to Owner or being executed or procured or being procured by Contractor or of other Agencies within the premises of all Work of Owner if such loss or damage is due to fault and / or the negligence or willful acts or omission of Contractor, his employees, agents, representatives.

(ii) Contractor shall indemnify and keeps Owner harmless of all claims for

damage to property arising under or by reason of this agreement if such claims result from the fault and/or negligence or willful acts or omissions of Contractor, his employees, agents, representatives.

5.14 ARTICLES OF VALUE FOUND All gold, silver and other minerals of any description and all precious stones, coin,

treasure, relics-antiquities and other similar things which shall be found in, under or upon Site, shall be the property of the owner and Contractor shall duly preserve the

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same to the satisfaction of the Engineer-In-Charge and shall from time to time deliver the same to such person or persons indicated by Owner.

5.15 DISCREPANCIES BETWEEN INSTRUCTIONS Should any discrepancy occur between the various instructions furnished to

Contractor, his agents or staff or any doubt arise as to the meaning of any such instructions or should there be any misunderstanding between Contractor's staff and the Engineer-In-Charge's staff, Contractor shall refer the matter immediately in writing to the Engineer-In-Charge whose decision thereon shall be final and conclusive and no claim for losses alleged to have been caused by such discrepancies between instructions, doubts, or misunderstanding shall in any event be admissible.

5.16 5.16 LIQUIDATED DAMAGE

i) If the contractor is unable to complete the jobs specified in the scope of work within the period specified in NIT, it may request owner for extension of the time with unconditionally agreeing for payment of LD. Upon receipt of such a request, owner may at its discretion extend the period of completion and shall recover from the contractor’s running account bill, as an ascertained and agreed Liquidated Damages, a sum equivalent to 0.5% of contract value for each week of delay or part thereof. The LD shall be limited to 10% of the total contract value.

The parties agree that the sum specified above is not a penalty but a genuine pre-estimate of the loss/ damage which will be suffered by the owner on account of delay/ breach on the part of the CONTRACTOR and the said amount will be payable without proof of actual loss or damage caused by such delay/breach.

(ii) Notwithstanding what is stated in Clause above, the Owner shall have the

right to employ any other agency to complete the remaining work at the risk and cost of the Contractor, in the event of his failing to complete the work within the stipulated time or in the even progress of Contractor’s work is behind schedule, as judged by the engineer-in-charge.

(ii) Then the Engineer-in-Charge upon receiving necessary approval from

competent Authority may in writing make a fair and reasonable extension of time for completion of the works as per provision of clause no. 3.12, provided further that the Contractor shall constantly use his best endeavour to the satisfaction of the Engineer-in-Charge to proceed with the works. Nothing herein shall prejudice the rights of the Contractor under clause herein above.

(iii) The contractor may seek time extension for delay or anticipated delay as per clause no. 3.12.5 for reasons not attributable to them and in such case time extension may be given without imposition of LD.

5.17 FORCE MAJEURE

As explained in Clause no. 3.12. 5.18 PERIOD OF LIABILITY

(i) Contractor shall guarantee the installation Work for a period of Twelve (12) months from the date of commissioning of the system. Any damage or defect that may arise or remain undiscovered at the time of commissioning,

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connected in any way with the Equipment or materials supplied by him or in the workmanship shall be rectified or replaced by Contractor at his own expense as deemed necessary by the Engineer-In-Charge or in default, the Engineer-In-Charge may cause the same to be made good by other workmen and deduct expenses (of which the certificate of Engineer-In-Charge shall be final) from any sums that may be then or at any time thereafter, become due to Contractor or from his Performance Bank Guarantee.

(ii) If Contractor feels that any variation in work or in quality of materials or

proportions would be beneficial or necessary to fulfill guarantees called for, he shall bring this to the notice of the Engineer-In-Charge in writing.

(iii) From the commencement to completion of Work, Contractor shall take full

responsibility for the care for Work including all temporary work and in case any damages, loss or injury shall happen to Work or to any part thereof or to any temporary work from any cause whatsoever, shall at his own cost repair and make good the same so that at completion, Work shall be in good order and in conformity, in every respects, with the requirements of Contract and the Engineer-In-Charge's instructions.

(iv) If at any time, before Work is taken over, the Engineer-In-Charge shall:-

a) Decide that any work done or materials used by Contractor is defective or not in accordance with Contract, or that Work or any portion thereof are defective, or do not fulfill the requirements of Contract (all such materials being hereinafter, called 'Defects' in this clause), shall as soon as reasonably practicable give to Contractor notice in writing of the said decision, specifying particulars of the defects alleged to exist or to have occurred, then Contractor shall at his own expenses and with all speed make good the defects so specified.

In the case Contractor shall fail to do so, Engineer-In-Charge may take, at the cost of Contractor, such steps as may in all circumstances, be reasonable to make good such defects. The expenditure so incurred by Owner will be recovered from the amount due to Contractor. The decision of the Engineer-In-Charge with regard to the amount to be recovered from Contractor will be final and binding on Contractor.

As soon as Work have been completed in accordance with Contract (except in minor respects that do not effect their use for the purpose for which they are intended and except for maintenance thereof provided in the General Conditions of the Contract) and have passed the tests on completion, the Engineer-In-Charge shall issue a certificate (hereinafter called Completion Certificate) in which he shall certify the date on which Work have been so completed and have passed the said tests and Owner shall be deemed to have taken over Work on the date so certified. If Work has been divided into various groups in Contract, Owner shall be entitled to take over any group or groups before the other or others and thereupon the Engineer-In-Charge shall issue a Completion Certificate which will, however, be for such group or groups so taken over only.

b) In order that Contractor could obtain a completion Certificate he shall

make good, with all possible speed any defect arising from the defective materials supplied by Contractor or workmanship or any act or omission of Contract that may have been noticed or developed,

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after the Work or group of Works has been taken over, the period allowed for carrying out such Work will be normally one (1) month. If any defect be not remedied within a reasonable time. Engineer-In-Charge may proceed to do Work at Contractor's risk and expense and deduct from the Final Bill such amount as may be decided by Owner.

5.19 RIGHT OF OWNER TO TERMINATE THE CONTRACT

(i) If the Contractor being an individual or a firm commits any 'Act of Insolvency' or shall be adjudged as insolvent or being an Incorporated Company shall have an order for compulsory winding up made against it, or pass an effective resolution for winding up voluntarily or subject to the supervision of the Court or shall be unable to carry out and fulfill the contract and to give security therefore, is so required by the Engineer-In-Charge.

Or if the Contractor (whether an individual, firm or incorporated company) shall suffer execution to be issued.

Or shall suffer any payment under this Contract to be attached by or on behalf of any of the creditors of the Contractor.

Or shall assign or charge, encumber or sublet this contract without the consent in writing of the Engineer-In-Charge first obtained.

Or shall charge or encumber this contract or any payments due or which may become due to the Contractor thereunder. Or if the Engineer-In-Charge shall certify in writing that the Contractor -

a) has abandoned the Contract or

b) has failed to commence the works, or has without any lawful excuse

under these conditions, suspended the progress of the works for 14 days after receiving from the Engineer-In-Charge written notice to proceed or

c) has failed to proceed with the works with such due diligence and failed

to make such due progress as would enable the works to be completed within the time agreed upon or

d) has failed to remove materials from the site or to pull down and replace

work for seven days after receiving materials or work were condemned and rejected by the Engineer-In-Charge under these conditions or

e) has used sub-standard or inferior material or materials not conforming

to the specifications or has employed inferior workmanship in carrying out the works or part thereof or has not exercised due diligence in execution of the said work, or

has neglected or failed persistently to observe and perform all or any of

the acts, deeds, matters or things by this Contract to be observed and performed by the Contractor requiring the Owner to observe or perform the same, or

f) has to the detriment of good workmanship or in defiance of the

Engineer-In-Charge's instructions to the contrary, sub-let or sub-contracted any part of the contract, or

g) has failed to comply with the Engineer-In-Charge's instructions, or

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h) has in the opinion of the Engineer-In-Charge committed any breach of

this Contract, then and in any of the said cases the Owner may notwithstanding any previous waiver, after giving seven day's notice in writing to the Contractor terminate the Contract, but without hereby affecting the right of the Owner of the powers of the Engineer-In-Charge or the obligations and liabilities of the Owner in respect of work, the contract shall continue in force as fully as if the contract has not been so determined and the obligations of the Contractor in respect of work subsequently executed shall continue as if the works subsequently executed has been executed by or on behalf of the Contractor. And further, the Owner by its agents or servants shall be entitled forthwith to enter upon and take possession of the works and all plants, tools, scaffoldings, sheds, machinery, steam and other power implements, machinery equipment and materials lying upon the site or the adjoining lands or roads and use the same as its own property and to employ the same by means of its own servants and workmen in carrying on and completing the work or by employing any other Contractor and the Contractor shall not in any way interrupt or do any act, matter or things to prevent, intimidate or hinder such other Contractor or other person or persons employed for completing and finishing or using the materials and plant for the work. When the works shall be completed or as soon thereafter as convenient, the Engineer-In-Charge shall give a notice in writing to the Contractor to remove his surplus materials and plant and should the Contractor fail to do so within the period of 14 days after receipt thereof by him, the Owner shall sell the same either by public auction or a private sale and shall be given credit to the Contractor for the amount realized. The Engineer-In-Charge shall thereafter ascertain and certify in writing under this hand what (if anything) shall be due or payable to the Owner, the expense or loss which the Owner shall have been put to in procuring the works to be completed and the amount, if any, owing to the Contractor and the amount which shall be so certified, shall thereupon be paid by the Owner to the Contractor and the Certificate of the Engineer-In-Charge shall be final and conclusive and binding on the parties hereto. In the event of termination under this Clause, the Owner shall not be bound by any provision of this Contract to make any further payment to the Contractor until the said works are completed.

(ii) Owner shall, at any time, be entitled to determine and terminate the

Contract, if in the opinion of the Owner the cessation of the Work becomes necessary owing to paucity of funds or for any other cause whatsoever, in which case the cost of approved materials at the Site at current market rates as verified and approved by Engineer-In-Charge and of the value of the Work done to date by the Contractor shall be paid for in full at the specified rate in the Contract. A notice in writing from the Engineer-In-Charge to the Contractor of such determination and termination and the reason therefore shall be the conclusive proof of the fact that the Contract has been so determined and terminated by the Owner.

(iii) Should the Contract be determined under sub-clause of this clause and

the Contractor claims payment to compensate expenditure incurred by him in the expectation of completing the Work, the Owner shall consider and admit such claim as are deemed fair and reasonable and are supported by the vouchers to the satisfaction of the Engineer-In-charge. The Owner’s decision on the necessity and propriety of such

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expenditure shall be final and conclusive and binding on the Contractor.

5.20 SUB-LETTING OF WORK

(i) No part of the Contract nor any share or interest therein shall in any manner or degree be transferred, assigned or sublet by the contractor directly or indirectly to any person, firm, or corporation whatsoever except as provided for in the succeeding sub-clause, without the consent in writing, of the Owner.

(ii) The Owner may give written consent to sub-contract for the execution of any

part of the Work at the Site, being entered into by the Contractor provided each individual sub-contract is submitted to the Engineer-In-Charge before being entered into and is approved by him.

(iii) Notwithstanding any sub-letting with such approval as aforesaid and

notwithstanding that the Engineer-In-Charge shall have received copies of any sub-contracts, the Contractor shall be and shall remain solely responsible for the quality and proper and expeditious execution of the WORK and the performance of all the conditions of the Contract in all respects as if such sub-letting had not taken place, and as if such Work had been done directly by the Contractor.

(iv) If any Sub-agency engaged upon the Work at the Site executes any Work

which in the opinion of the Engineer-In-Charge is not in accordance with the Contract Document, the Owner may by written notice to the Contractor request him to terminate such contract and the Contractor upon the receipt of such notice shall terminate such sub-agency and dismiss the Sub-agency and the latter shall forthwith leave the Work failing which the Owner shall have the right to remove such sub-agency from the Site.

(v) No action taken by the Owner under the clause shall relieve the Contractor of

any of his liabilities under the Contract or give rise to any right to compensation, extension of time or otherwise.

5.21 PATENTS AND ROYALTIES Contractor, if licensed under any patent covering, Equipment, Machinery, Materials

or compositions of matter to be used or supplied or methods and process to be practiced or employed in the performance of this Contract, agrees to pay all royalties and license fees which may be due with respect thereto. If any Equipment, Machinery, Materials, Composition matters, to be used or supplied or methods and process to be practiced or employed in the performance of this Contract, is covered by a patent under which the contractor is not licensed then the contractor before supplying or using the Equipment, Machinery, Materials, compositions method or processes shall obtain such licenses, and pay such royalties and license fees as may be necessary for performance of the Contract. In the event the contractor fails to pay any such royalty or obtain any such license any suit for infringement of such patents which is brought against the contractor or the Owner as a result of such failure will be defended by the contractor at his own expense and the Contractor will pay any damages and costs awarded in such suit.

5.22 PERFORMANCE GUARANTEE & WARRANTY (i) Performance Guarantee:

a) The Contractor shall guarantee that the material of construction and workmanship of work done and any equipment / component / fittings

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designed / manufactured / supplied by him are new and as specified in the tender schedule and wherever there is nothing specifically mentioned shall correspond to the best available grade and quality as required for the application.

b) The Contractor shall also guarantee that the work done and any

fittings designed, manufactured, supplied, erected shall be as per prevailing relevant standard, codes and statutory practices/ stipulations.

c) The Contractor shall guarantee the work done and any equipment /

component /fittings designed, manufactured, supplied, erected and tested by him against defective materials, poor workmanship, improper design, operation inadequacies & problems and failure from normal usage, for a period of 12 (twelve) calendar months after final acceptance of the work by the Owner.

(ii) Warranty:

The Contractor will repair and/or replace all defective equipment, parts, components / fittings, accessories etc. which shall be notified to him in writing within the Defect Liability Period provided that such defective parts, components, fittings, accessories etc. are promptly rectified and replaced by him free of cost. The Contractor will provide similar warranty on the parts, components, fittings, accessories etc. repaired and/or replaced.

5.23 CONTRACTOR'S RESPONSIBILITY WITH OTHER AGENCIES Without repugnance to any other condition, it shall be the responsibility of the

Contractor to work in close co-operation and co-ordinate the work with the other Contractors engaged by the Owner in providing the necessary work front where required. For at the above said requirements the Contractor before starting up the works shall in consultation with the other contractors prepare and put up a joint scheme to the Engineer-In-Charge and get the approval. The Engineer-In-Charge, before communicating his approval to the scheme, with any required modifications, shall get the final agreement of all the Agencies, which shall be binding. No claim shall be entertained on account of the above.

5.24 ARBITRATION

Any dispute or difference arising under this Contract shall be referred under jurisdiction of Mumbai to a sole arbitrator to be appointed by the Chairman & Managing Director, Balmer Lawrie & Co. Limited and the provisions of Arbitration Act, 1996 including any statutory modifications or enactment thereof shall apply to the Arbitration proceedings. The fees of the arbitrator, if any, shall be shared equally by both the parties. The award shall be a speaking award stating reason therefor and is final & binding on the parties. The proceeding shall be conducted in English language and courts at Mumbai will have exclusive jurisdiction to settle any dispute arising out of this contract.

5.25 REVISION / CHANGES / QUANTITY VARIATION

Owner may make in writing any revisions or changes in the work order, including

additions or deletions from the quantities ordered in the specifications or drawings. The vendor shall carry out such revision / changes and be bound by the same terms and conditions to the extent applicable, though the said revisions/ changes were not incorporated in the initial order.

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Owner reserves the right to increase or decrease the tendered quantity to any extent or replace specification, drawing, design of any or every item or delete them out at any stage of the work. The vendor’s claim for compensation or damages on account of this shall not be entertained. Such deviation shall be adjusted at the rates contained in the order/ contract or by issuing variation order (s) at the prevailing market rates, if the rates are not available in the order/ contract.

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ARTICLE - VI

INSPECTION, CERTIFICATION AND PAYMENT 6.01 INSPECTION & TESTING

(i) All materials required for the execution of the work should conform to the standard specification and approved by the Engineer-In-Charge before actually put to use. Commencement of work without prior approval shall be entirely at the risk and cost of the Contractor. No delay due to non-availability of the Materials, tools, equipment etc. will be entertained by the Owner. In the case of certain Machinery / Equipment, the Engineer-In-Charge may inspect the item for approval, before they are brought to site.

(ii) The Owner shall be entitled at all times at the risk of the Contractor to inspect

and/or test by themselves or through any independent person(s) or agency(ies) appointed by the owner and/or to direct the Contractor to inspect and/or test all material(s), items and components whatsoever supplied or proposed for supply, for incorporation in the work inclusive, during the course of manufacture or fabrication by the Contractor and/or at the Contractors work or otherwise, such materials or items or components. The inspection and/or test shall be conducted at the expense of the Contractor and if conducted by the Contractor may be directed by the Owner to be conducted by agency(ies) nominated by Owner and/or in the presence of witness(ess) nominated by the Owner.

(iii) The Contractor shall furnish to the Engineer-In-Charge for approval when

requested or as required by the specification or other contract documents, adequate samples of material intended for incorporation in the works. Such samples to be submitted before the work is commenced permitting sufficient time for tests, examination(s) thereto by the Engineer-In-Charge. All materials furnished and incorporated in the work shall conform to the sample(s) in all respects.

(iv) The Engineer-In-Charge shall be entitled to reject at any time any defective

materials, item or components, (including special manufactured or fabricated items or components) supplied by the Contractor for incorporation in the works.

(v) The Contractor shall at all times ensure highest standard of workmanship,

relating to the work to the satisfaction of the Engineer-In-Charge. The Engineer-In-Charge shall have the power to inspect the work as also to test or instruct the Contractor to test the works or any structure, material or component thereto at the risk and cost of the Contractor, either by the Contractor or by any agency(ies) nominated by the Engineer-In-Charge or Site Engineer on his behalf.

(vi) The Contractor shall provide all facilities, instruments material / labour and

accommodation required for testing the works (including checking the set time out of work) and shall provide Engineer-In-Charge all assistance necessary to conduct the test whenever and wherever required.

(vii) The Engineer-In-Charge on inspection or test be not satisfied with the quality

or workmanship of any work, structure, material, component (decision of the Engineer-In-charge being final in this behalf), the Contractor shall re-perform, replace, re-install and / or re-erect as the case may be such work, structure material or component, as no such rejected work, structure, material, item or

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component shall be re-used without the prior permission of Engineer-In-Charge.

(viii) Notwithstanding any provided in the foregoing clauses hereto and

notwithstanding the Engineer-In-Charge/ or his representative has inspected tested and/or approved any particular work, structure, material or component, such inspection, test or approval shall not absolve the Contractor of his full responsibilities under the contract inclusive or relative to the specification, performance guarantee. The said inspection and test procedure being intended basically for satisfaction of the Owner / prima-facie erection and/or material and equipment supplied for incorporation in the work is in order.

(ix) On no account shall the Contractor proceed with the concreting or other work

in foundations and superstructure by covering up or otherwise placing beyond reach of inspection or measurement any work before necessary inspection, entries are filled in the Site Inspection Register by the Engineer-In-Charge or his authorized representative. Should the Contractor do so the same shall be uncovered at the Contractor's risk and expense for carrying out the inspection and measurement.

(x) If any tests are required to be carried out in connection with the work or

materials or workmanship not supplied by the Contractor, such tests shall be carried out by the Contractor as per the instructions of Engineer-In-Charge and cost of such tests shall be reimbursed to the Contractor.

(xi) The major equipments shall be tested at factory before dispatch . The test

certificates shall be submitted to the owner in three copies for approval. The materials shall be dispatched from works only after obtaining owners written approval.

6.02 SCHEDULE OF RATES AND PAYMENTS

(i) The price to be paid by Owner to Contractor for the work to be done and for the performance of all the obligations undertaken by Contractor under Contract shall be ascertained by the application of the respective Schedule of Rates (there of application but not of limitation, with the succeeding sub-clause of this clause) and payment to be made accordingly for the work actually executed and approved by the Engineer-In-Charge. The sum so ascertained shall (excepting only as and to the extent expressly provided herein) constitute the sole and inclusive remuneration of Contractor under Contract and no further or other payment whatsoever shall be or become due or payable to the Contractor under Contract.

(ii) The prices/rates quoted by Contractor shall remain firm till the issue of final

certificate and shall not be subject to escalation. Schedule of Rates shall be deemed to include and cover all costs, expenses and liabilities of every description and all risks of every kind to be taken in executing, completing and handing over Work to Owner by Contractor. Contractor shall be deemed to have known the nature, scope, magnitude and the extent of Work and materials required though Contract Document may not fully and precisely furnish them. He shall make such provision in the Schedule of Rates as he may consider necessary to cover the cost of such items of Work and materials as may be reasonable and necessary to complete the Work. The opinion of the Engineer-In-Charge as to the items of work which are necessary and reasonable for completion of Work shall be final and binding on Contractor, although the same may not be shown on or described specifically in Contract Document.

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Generality of this present provision shall not be deemed to cut down or limit in any way Contractor's obligation under the Contract, because in certain cases it may and in other cases it may not be expressly stated that Contractor shall do or perform a work or supply articles or perform, services at his own cost or without additional payment or without extra charge or work to the same effect or that it may be stated or not stated that the same are included in and covered by the Schedule of Rates.

(iii) Without in any way limited the provisions of the preceding sub-clause the

Schedule of Rates shall be deemed to include and cover the cost of all Constructional Plant and Equipment, Temporary Work (except as provided for herein), Pumps, Materials, Labour, Insurance, Fuel, Stores, and Appliances to be supplied by Contractor and all other matters in connection with each item in the Schedule of Rates and the execution of Work or any portion thereof finished, complete in every respect and maintained as shown described in the Contract Document or as may be ordered in writing during the continuance of Contract.

(iv) Unless specifically mentioned otherwise in the contract, all payments shall be

made against finished items of work only as defined and included in the schedule of rates. However, Engineer-in-charge may grant part payment, in certain cases, against partially completed work at his own discretion after proper checking and measurement of the portion of the work completed by the Contractor. All such payment shall be regarded merely as an advance payment against the amounts due to the Contractor in terms of the contract and any such payment shall not be regarded as an acceptance of any work paid for.

(v) No exemption or reduction of Customs Duties, Excise Duties, Sales Tax,

quay or any port dues, Royalties, transport charges, stamp duties or Government or Local Body or Municipal Taxes or Duties, Taxes or Charges (from or of any other body), whatsoever, will be granted or obtained, all of which expenses shall be deemed to be included in and covered by the Schedule of Rates. Contractor shall also obtain and pay for all permits, or other privileges necessary to complete work. Contractor should be a registered dealer under Local Government's Sales Tax Act.

(vi) For Work under Unit Rate Basis, no alteration will be allowed in the Schedule

of Rates by reason of Work or any part of them being modified, altered, extended, diminished or omitted. The Schedule of Rates are fully inclusive rates which have been fixed by Contractor and agreed to by Owner and cannot be altered.

6.03 PROCEDURE FOR MEASUREMENT / BILLING OF WORK IN PROGRESS

(i) All measurement shall be in metric system. All the Work in progress will be jointly measured by the representative of the Engineer-In-Charge and Contractor's authorized agent progressively. Such measurement will be recorded in the Measurement Book by the Engineer-In-Charge or his authorized representative and signed in token of acceptance by Contractor or his authorized representative.

(ii) For the purpose of taking joint measurement Contractor's representative shall

be bound to be present whenever required by the Engineer-In-Charge. If, however, he absents for any reason whatsoever the measurements will be taken by the Engineer-In-Charge or his representative and this will be deemed to be correct and binding on Contractor.

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(iii) The mode of measurement shall be in accordance with Indian Standard Specifications as laid down unless otherwise specified to the contrary.

(iv) All measurements shall be neatly written on the measurement books / sheets.

Each set of measurements, shall commence with entries stating : a) Full name of work b) Situation of work c) Name of Contractor d) Date of agreement entered into with Contractor e) Date of Commencement of Work f) Date of completion of work g) Date of measurement

At the end of measurements, dated signature and designation of the person, who recorded the measurements, shall be made.

(v) All pages of measurement books/sheets shall be machine numbered. All

receipts and issues of measurement books/sheets shall be recorded in a register. The eventual return of all measurement books / sheets shall be recorded and carefully preserved by the Engineer-In-Charge.

(vi) Contractor will submit a Bill in approved proforma in quadruplicate to the

Engineer-In-Charge of Work giving abstract and detailed measurements for the various items executed during a month, before the expiry of the first week of the succeeding month. The Engineer-In-Charge shall take or cause to be taken the requisite measurements for the purpose of having the same verified and the claim, as far as admissible.

Engineer-In-charge shall review such bills and shall either:

i) Approve such bills and certify the same for payment; or

ii) Approve part of the bill(s) and certify that part for payment, request further clarifications / revisions from Contractor as to the balance and upon receipt of satisfactory clarification / revisions from Contractor, certify the balance for payment; or

iii) Reject the entire bill subject to further clarification / revisions from Contractor, upon receipt by Engineer-In-Charge of satisfactory clarification /revisions to such rejected bill, Engineer-In-charge shall approve and certify the clarified / revised bill for payment.

6.04 NOTICE OF CLAIM FOR ADDITIONAL PAYMENT Should Contractor consider that he is entitled to any extra payment or compensation

or to make any claims whatsoever in respect of Work he shall forthwith give notice in writing to the Engineer-In-Charge that he claims extra payment and/or compensation. Such notice shall be given to the Engineer-In-Charge within seven (7) days from the ordering of any Work or happening of any event upon which Contractor bases such claims and such notice shall contain full particulars of the nature of such claim with full details and amount claimed. Failure on the part of Contractor to put forward any claim with necessary particulars as above within the time above specified shall be an absolute waiver thereof.

6.05 COMPLETION CERTIFICATE

(i) When Contractor fulfills his obligation under clauses he shall be eligible to apply for Completion Certificate. The Engineer-In-Charge shall normally issue

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to Contractor the Completion Certificate within one(1) month after receiving an application therefore from Contractor after verifying from the completion documents and satisfying himself that work has been completed in accordance with and as set out in the construction and erection drawings, and the Contract Document.

Contractor, after obtaining the Completion Certificate, is eligible to present the Final Bill for Work executed by him under the terms of Contract.

(ii) Within one(1) month of completion of work in all respects, Contractor shall be

furnished with a certificate by the Engineer-In-Charge, of such completion, but no certificate shall be given nor shall Work be deemed to have been executed until all material, scaffolding, surplus material and rubbish is cleared off Site completely nor until work shall have been measured by the Engineer-In-Charge whose measurement shall be binding and conclusive. Work will not be considered as complete and taken over by Owner, until all the temporary work, constructed, are removed and the work site cleaned to the satisfaction of the Engineer-In-Charge.

If Contractor shall fail to comply with the requirements of this clause on or before the date fixed for the completion of Work, Engineer-In-Charge may at the expenses of Contractor remove such scaffolding, surplus material and rubbish and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and Contractor shall forthwith pay the amount of all expenses so incurred and shall have no claim in respect of any such scaffolding or surplus material as aforesaid except for any sum actually realized by the sale thereof.

(iii) For the purpose of clause, the following Documents will be deemed to form

the completion Documents:

(a) The technical documents according to which Work was carried out.

(b) Three (3) sets of Construction Drawings showing therein the modification and corrections made during the course of execution signed by the Engineer-In-Charge.

6.06 FINAL CERTIFICATE Upon expire of the period of liability and subject to the Engineer-In-Charge being

satisfied that work have been duly maintained by Contractor, during such period as herein before mentioned and that Contract has in all respect duly made up any subsidence and performed all his obligations under Contract, the Engineer-In-Charge shall (without prejudice to the rights of Owner to retain the provisions of relevant clause hereof) otherwise give a certificate herein referred to as the final certificate to that effect and Contractor shall not be considered to have fulfilled the whole of his obligations until Final Certificate shall have been given by the Engineer-In-Charge notwithstanding any previous entry upon Work and taking possession, working or using of the same or any part thereof by Contractor. Contractor shall provide Owner with a certificate satisfactory to both that all privileges, liens, claims, obligations and liabilities against or chargeable to the Contractor have been fully paid, satisfied and released and that Sub-contractor has no claim(s) against Owner.

6.07 CERTIFICATE AND PAYMENTS ON EVIDENCE OF COMPLETION Except the final certificates no other certificate or payments against a certificate or on

general account shall be taken to be an admission by Owner of the due performance of Contract or any part thereof or occupancy or validity of any claim by Contractor.

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ARTICLE - VII

RULES, REGULATIONS & INSURANCE COVERAGE 7.01 OBSERVANCE OF RULES/ACTS IN FORCE (i) The successful tenderer and his man shall abide by all rules/regulations in

force at a location and the laws, by-laws and statutes of Government / Semi-Government and other local authorities such as requirements / liability under enactment, Contract Labour Act etc. and the Company shall stand indemnified against by claims on these scores.

(ii) The Contractor shall conform to the provisions of Acts, rules, orders or

notifications of any Governments, Municipal or local authority for the time being in force affecting the work undertaken by him and will give all necessary notices to and obtain requisite sanction and permits of and from the Municipal and any other authority in respect of the said work or the materials to be used there at and generally will comply with the building and other regulations of such authorities and will keep the Owner indemnified against all claims, penalties and losses that may be incurred by it by reason of any breach by the Contractor of any statues by-laws, rules, regulations, notifications etc.

(iii) The Contractor shall obtain authority(ies) designated in this behalf under any

applicable laws, rule or regulation (including) but not limited to Contract Labour (in so far as applicable) any and all such license(s) consent(s), registration(s) and/or other authorization(s) as shall from time to time be or become necessary for or relative to the execution of the work or any part or portion thereof or the storage or supply or any material(s) or otherwise in connection with the performance of the contract and shall at all times observe and ensure due observance by the contractors, servants and agents of all terms and conditions of the said license(s) consent(s) regulation(s) and other authorization(s) and laws, rules and regulations applicable thereto.

(iv) The Contractor undertakes to ensure due and complete compliance with all

laws, regulations, rules, etc., applicable to the workmen employed or whose services are otherwise availed of by the Contractor, whether in connection with the construction work at the site or otherwise. The Owner shall have the right to inspect the records maintained by the Contractor, Contractor shall whenever required by the Owner, produce such records and as and when required Owner shall ascertain whether or not the requirements of all such laws, regulations, rules etc. coming to light as a result of such inspection or otherwise, the Owner shall have the right to require the Contractor to effect such compliance within such time, as the Owner may prescribe on that behalf and in the event of the Contractor failing to effect such compliance within the time prescribed by the Owner, then the Owner shall without prejudice to his other rights, be entitled to withhold from the amount payable to the workmen under any such laws, regulations or rules and to make payment thereof to the workmen. The Owner shall also have in that event the right to terminate the contract with immediate effect and to exercise powers reserved to them under the contract as a result of termination.

7.02 TAXES, DUTIES, OCTROI & OTHER STATUTORY PAYMENTS Contractor agrees to and does hereby accept full and exclusive liability for the

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payment of any and all taxes, duties, Octroi etc. now or hereafter imposed, increased, or modified and all the sales taxes, duties, octroi etc. now in force and hereafter increased, imposed or modified from time to time in respect of Work and materials and all contributions and taxes for unemployment compensation insurance and old age pensions or annuities now or hereafter imposed by any Central or State Governmental Authorities which are imposed with respect to or covered by the wages, salaries, or other compensations paid to the persons employed by Contractor and Contractor shall be responsible for compliance with obligations and restrictions imposed by the Labour Law or other law affecting employer employee relationship and Contractor further agrees to comply, and to secure the compliance of all Sub-agencies, with applicable Central, State Municipal and local laws and regulations and requirements of any Central, State or Local Employment Agency or authority, Contractor further agrees to defend, indemnify and hold harmless the Owner from any liability or penalty which may be imposed by the Central, State or Local authorities by reason of any violation by Contractor of such laws, regulations or requirements and also from all claims, suits or proceedings that may be brought against Owner arising under, growing out of, or by reason of work provided for by this Contract, by third parties, or by / central or State Government Authority or any administrative sub-division thereof.

7.03 LABOUR LAWS (i) No Labour below the age of eighteen (18) years shall be employed on Work. (ii) Contractor shall not pay less than what is provided under law to labourers

engaged by him on Work. (iii) Contractor shall at his expense comply with all labour laws and keep Owner

indemnified in respect thereof. (iv) In addition to above, rules and regulations as contained in Contract Labour

(Regulation and Abolition) Act, 1970 will also be applicable for this contract. For the purpose of registration as per the above Act, Contractor may contact Owner for further details.

(v) Contractor shall secure full safety of the workers / employees engaged by him

in the Site premises and shall take at his own cost, insurance and such other safety regulations for the said purpose.

7.04 IMPLEMENTATION OF APPRENTICES ACT 1964 Contractor shall comply with the provisions of the Apprentices Act, 1964 and the

Rules and orders issued there under from time to time. If he fails to do so, his failure will be a breach of Contract and the Engineer-In-Charge may, at his discretion, cancel Contract. Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provision of the Act.

7.05 INSURANCE & INDEMNITY (i) Insurance for Works and Contractor’s Equipment

Contractor shall take out an All Risk Insurance policy in the joint names of the Owner and Contractor (Owner as the first beneficiary) including third party liability, against loss or damage from any cause covering the work executed to the estimated current contract value or Owner can directly take a ‘contractors all risk’ policy and recover the cost of such insurance from Contractor’s dues.

The Contractor shall insure their Equipment against all loss or damage.

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ii) Insurance against injury to persons and damage to property

The Contractor shall insure against liability to third parties for any loss, damage, death or bodily injury which may occur to any physical property (except things insured above) or to any person which may arise out of the performance of contract and occurring before the issue of the Completion Certificate. Such insurance shall be for a limit of not less than Rupees Two Lakh per occurrence up to a maximum of three occurrences in a year.

iii) Insurance for Workers

Workmen’s Compensation Insurance shall be effect for all Contractor’s Employees engaged in the performance of the contract. If any work is sublet, after necessary approval of Owner, such insurance for Sub agencies.

iv) General Requirements for Insurance

Each insurance policy shall be consistent with the general terms agreed in writing prior to the Effective Date and such agreement shall take precedence over the provisions of this Clause. The Contractor (and, if appropriate, the Employer) shall comply with the conditions stipulated in each of the insurance policies. The Contractor shall make no material alteration to the terms of any insurance without the prior approval of the Employer . If an insurer makes (or purports to make) any such alteration, the Contractor shall notify the Employer immediately.

v) The successful Contractor shall be totally responsible for complying with the

provision of following: a) Contractor’s liability against professional negligence in execution of work.

b) Provident Fund Act for P.F. Scheme for labourers engaged by the Contractor.

c) Interstate Migrant Workmen ( Regulation of Employment and Conditions of

Services ) Act -1979. d) Minimum Wages Act - 1948. e) Equal Remuneration Act - 1976. f) Workmen’s Compensation Act - 1923. g) Contract Labour (Regulation & Abolition ) Act - 1970.

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ARTICLE - VIII

SAFETY CODES & PRACTICES 8.01 GENERAL The Contractor shall adhere to safe construction practice and guard against

hazardous and unsafe working conditions and shall comply with Owner's safety rules. In addition, Contractor should follow the safety norms as given below:

8.02 FIRST AID AND INDUSTRIAL INJURIES Contractor shall maintain first aid facilities for its employees and those of its sub-

contractors-

(i) Contractor shall make arrangements for ambulance or suitable service and for the treatment of industrial injuries. Names of those providing these services shall be furnished to Engineer-In-Charge prior to start of construction, and their telephone numbers shall prominently be posted in Contractor's field office.

(ii) All critical industrial injuries shall be reported promptly to Engineer-In-Charge,

and a copy of Contractor's report covering each personal injury requiring the attention of a physician shall be furnished to Owner.

8.03 GENERAL RULES Carrying/Striking of matches, lighters and smokers inside the hazardous areas is

strictly prohibited. Violations of "No SMOKING" rules will be discharged immediately. Within the operation area, no hot work shall be permitted without valid gas/safety/fire permits issued by Owner.

8.04 ERECTION OF BARRICADES BY CONTRACTOR (i) Contractor shall erect and maintain barricades required in connection with his

operations to guard or protect:

a) Excavations b) Hoisting Areas c) Areas adjudged d) Owner's existing property liable to damage by Contractor's operations,

in the opinion of Engineer-In-Charge.

(ii) Contractor's employees and those of its sub-agencies shall become acquainted with Owner's barricading practice and shall respect the provisions thereof.

(iii) Barricades and hazardous areas shall be marked by red falser lanterns at nights.

8.05 SAFETY EQUIPMENT

(i) All necessary personal safety equipment as considered adequate by the Engineer-In-Charge should be made available for the use to the persons employed at the site and maintained in a condition suitable for immediate use, and the Contractor should take adequate steps to ensure proper use of equipment by those concerned.

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(ii) Workers engaged in white washing and mixing or stacking of cement bags or any materials which are injurious to the eyes shall be provided with protective goggles. (iii) Those engaged in welding and cutting works shall be provided with protective

face & eye-shields, hand gloves etc. (iv) When workers are employed in sewers and manholes, which are in use, the

Contractor shall ensure that the manhole covers are opened and are ventilated at least for an hour before the workers are allowed to get into the manholes, and manholes, so opened, shall be cordoned off with suitable railing and provided with warning signals or boards to prevent accidents to the public.

(v) The Contractor shall not employ men below the age of 18 years and women on the work of painting or products containing lead in any form. Wherever men above the age of 18 years are employed on the work of lead painting, the following precautions should be taken.

a) No paint containing lead product shall be used, except in the form of paste or ready-made paint.

b) Suitable face masks shall be supplied for use by the workers when paint is applied in the form of spray on a surface having lead paint dry, rubbed and scrapped.

(vi) Hot work should be carried out only in the areas earmarked for the purpose after required safety precautions have been taken and only after obtaining written permission from the Engineer-In-Charge. Any provision required to be made e.g. wind screens of G.I sheets etc. to make the area safe for hot work, will be made by the successful tenderer at his own cost.

8.06 HOISTING EQUIPMENT (i) Use of hoisting machines and tackle including their attachments, anchorage

and supports shall conform to the following standards or conditions. a) These shall be of good mechanical construction, sound materials,

adequate strength and free from patent defect and shall be kept in good condition and in good working order.

b) Every crane driver or hoisting appliance operator shall be properly

qualified and no person under the age of 21 years should be in charge of any hoisting machine including any scaffolding, winch or indicating signals to the operator.

(ii) In case of Owner's machine, the safe working load shall be notified by the

Engineer-In-Charge. As regards Contractor's machines, the Contractor shall notify the safe working load of the machine to the Engineer-In-Charge, whenever he brings any machinery to site of work and get it verified by the Engineer-In-Charge, concerned.

8.07 ELECTRICAL EQUIPMENT Motors, Gear Transmission, Electric Wiring and other dangerous parts of hoisting

appliances shall be provided with efficient safeguards. Hoisting appliances should be provided with such means as will reduce to the minimum the risk of accidental descent of the load; adequate precautions shall be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energized, insulating mats, wearing apparel, such as gloves and boots as may be necessary shall be provided.

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Special Conditions of Contract

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I N D E X Clause 1.00 GENERAL Clause 2.00 LOCATION OF SITE Clause 3.00 SITE PARTICULARS Clause 4.00 SCOPE OF WORK Clause 5.00 ACCEPTANCE OF TENDER Clause 6.00 WATER & POWER SUPPLY Clause 7.00 STIPULATION AND DEVIATIONS TO TENDER CLAUSES Clause 8.00 TAXES AND DUTIES Clause 9.00 ALTERATION IN SPECIFICATIONS AND DESIGN Clause 10.00 DRAWINGS VIS-A-VIS SCHEDULE OF WORK / BILL OF

QUANTITIES Clause 11.00 TIME OF COMPLETION Clause 12.00 SUPPLY OF MATERIAL Clause 13.00 SCRAPS AND SERVICEABLE MATERIAL Clause 14.00 TESTS & TEST PROCEDURES FOR MATERIALS SUPPLIED BY CONTRACTOR Clause 15.00 MEASUREMENT & BILLING OF WORK Clause 16.00 ON ACCOUNT PAYMENTS Clause 17.00 TERMS OF PAYMENT Clause 18.00 SCHEDULE OF RATES Clause 19.00 CONDITIONS OF WORK Clause 20.00 TEST AND INSPECTION Clause 21.00 COMMISSIONING Clause 22.00 SAFETY & POLLUTION CONTROL Clause 23.00 EXTRA ITEM OF WORK APPENDIX TO SCC: HSE MANAGEMENT, CONSTRUCTION HAZARDS

AND PROTECTIVE MEASURES

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SPECIAL CONDITIONS OF CONTRACT 1.00 GENERAL

Special conditions of contract shall be read in conjunction with the General Conditions of Contract, Specifications of work, Drawings and any other document forming part of this contract wherever the contract so requires. Notwithstanding the sub-division of the document into three separate sections, every part of each shall be deemed to be supplementary of every other part and shall be read with and into the contract as far as it may be practicable to do so. Where any portion of the General Conditions of Contract is repugnant to or at variance with any provision of the Special Conditions of Contract, then unless different intention appears, the provision of the Special Conditions of Contract shall be deemed to over-ride the provisions of the General Conditions of Contract only to the extent of such repugnance or variations in the Special Conditions of Contract which are not possible of being reconciled with the provisions of General Conditions of Contract. Whenever it is mentioned in the specifications that the contractor shall perform certain work or provide certain facilities, it is understood that the contractor shall do so at his own cost. The materials, design and workmanship shall satisfy the relevant Indian Standards, the job specifications contained herein and codes referred to. Where the job specifications stipulate requirements in addition to those contained in the standard codes and specifications, these additional requirements shall also be satisfied. In the absence of any standards/specifications / code(s) of practice for any part of the work covered in this tender, the instructions/directions of Engineer-In-Charge will be binding on the contractor. In case of contradictions between Indian Standards, specifications, General Conditions of Contract, Special conditions of Contract, drawings, Schedule of Rates, the following shall be the order of precedence: -

a) Detailed Letter of Intent along with statement of agreed variations and its enclosures. b) Special Conditions of Contract c) Drawings d) General Conditions of Contract & its Annexure. e) Indian Standards / Technical Specifications. f) Schedule of quantities and rates.

2.00 LOCATION OF SITE

Refer NIT. 3.00 SITE PARTICULARS

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As per NIT 4.00 SCOPE OF WORK

The scope of work comprises execution of Fire Protection work pertaining to Residual Engineering, Supply, Installation, Testing & Commissioning of Fire Hydrant System of barrel manufacturing plant located at Asaoti, Haryana as per the system design, specifications, drawing, schedule of works/rates and details specified in the technical specification.

5.00 ACCEPTANCE OF TENDER

The Owner reserves the right to award the work in parts among two or more agencies. The quoted rates shall hold good for such an eventuality. The Owner reserves the right to reject any tenders without assigning any reasons.

6.00 WATER & POWER SUPPLY Refer NIT

7.00 STIPULATIONS AND DEVIATIONS TO TENDER CLAUSES

Tenderer are advised to submit quotations strictly based on the terms, conditions and specifications contained in the Tender Document and not stipulate any deviations. However, if it becomes unavoidable, deviations should be stipulated with reference to the clause number, para and page number of the Tender Document. Owner reserve the right to evaluate offers containing deviations having financial implications after adding cost of such deviations as determined by the Owner.

8.00 TAXES & DUTIES The quoted rates shall be inclusive of all taxes, duties, levies, VAT, service tax, octroi, cess etc. as applicable in state where the job is to be carried out. The entire work shall be executed as works contract.

9.00 ALTERATION IN SPECIFICATIONS AND DESIGN During the execution of the work, the Engineer-In-Charge may desire to make any alterations in, omission from, additions to or substitutions for, the schedule of rates, the original specifications, Drawings, Designs and Instructions that may appear to him to be necessary or advisable during the progress of work and contractor shall be bound to carry out such altered extra/new items of work in accordance with any instruction which may be given to him in writing by the Engineer-In-Charge and such alterations, omissions, additions or substitutions shall not invalidate the contract and any such altered additional or substituted work shall be carried out by the contractor on the same conditions on which he agreed to do the work.

10.00 DRAWINGS VIS-A-VIS SCHEDULE OF WORK / BILL OF QUANTITIES All drawings herein enclosed are for the purpose of furnishing basic information to the tenderer so as to enable them to quote their rates. Detail construction drawings for all individual work shall be furnished by the vendor after award of the contract, progressively as per the construction schedule.

11.00 TIME OF COMPLETION The entire work shall be completed within the time as mentioned in the Notice Inviting Tender. The period of execution given includes the time required for

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mobilization, testing, rectifications, if any, retesting and completing the job in all respects to the entire satisfaction of Engineer-In-Charge. The tenderer should submit along with his unpriced bid, detail work schedule / bar chart establishing compliance with the above referred time schedule. Contractor shall take necessary precaution to work during monsoon. The Contractor shall scrupulously adhere to this schedule by deploying adequate manpower and other resources. In all matters concerning the extent of targets set out in the weekly and monthly programme and in the degree of achievement. The decision of Engineer-In-Charge will be final and binding. Contractor shall give everyday category wise manpower and equipment report along with progress of work done on previous day in the proforma approved by Engineer-In-Charge. The time period mentioned above shall be reckoned from the date of issue of detailed Letter of Intent. (LOI)/ Work Order, which ever is earlier.

12.00 SUPPLY OF MATERIAL All materials required for the work shall be supplied by the contractor. Payment shall be made against finished items of work as specified in the schedule. All materials, as required to complete the work in all respects according to the contract rates shall be inclusive of all freights, sales tax and other taxes, duties, royalties, loading, unloading, transporting, handling and storage charges etc.

13.00 SCRAPS AND SERVICEABLE MATERIAL Scrap materials and wastage will not be accepted back by the Owner and shall be considered as a property of the contractor. The Contractor shall be take away all such materials, wastage and remove them from the site to the satisfaction of the Engineer-In-Charge.

14.00 TESTS & TEST PROCEDURES FOR MATERIALS SUPPLIED BY

CONTRACTOR It is necessary to test the materials supplied by the Contractor to ensure that they conform to relevant clauses in the technical specification. All materials of Contractor shall be inspected and passed by the Engineer-In-Charge from time to time at the source of supplies, for which inspection facilities shall be provided by the Contractor. Notwithstanding inspection at sources, the Engineer-In-Charge shall have the right to reject any material brought to Site, which does not conform to the specification, without being liable for any compensation whatsoever.

15.00 MEASUREMENT & BILLING OF WORK Mode of measurement will generally be in accordance with the stipulation made in technical specifications. All measurements shall be in the metric system and shall be taken in accordance with the procedure set forth in the Schedule of quantities, Specifications and other contract documents. All measurements shall be taken jointly by the Engineer-In-Charge or his representative on the one hand and the Contractor or his representative on the other hand.

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Measurement book shall be prepared by the contractor and measurement shall be signed and dated on each page of the Measurement Book by the Contractor / Contractor's representative and Engineer-In-Charge or his representative. Contractor will submit a Bill in approved proforma in quadruplicate to the Engineer-In-Charge giving abstract and detailed measurement for the various items executed during a month, before the expiry of the first week of the succeeding month. The Engineer-In-Charge shall take or cause to be taken for the requisite measurements for the purpose of having the same verified, if possible, before the expiry of ten (10) days from presentation of the bill. Theoretical consumption of reinforcing steel shall include all authorized laps, supports chairs etc. as incorporated in permanent works. The weight of reinforcement shall be calculated wherever necessary on the basis of unit weight as per IS Handbook. If sections are different from IS section, then Manufacturer's Handbook shall be adopted. No allowance in unit weight shall be made for rolling tolerance.

16.00 ON ACCOUNT PAYMENTS On Account payments will be made to the Contractor during the progress of the work on the basis of Running Account Bills raised by the Contractor monthly or otherwise as the Engineer-In-Charge may specify in this regard, accompanied with the Measurement Books signed and dated jointly. Running Bill (s) shall be made and /or certified for a total value of not less than Rs.6,00,000/- (Rupees six lacs) only. All on account payments shall be subjected to deduction there from of all dues to the Owner, advance, retention money and other money deductible within the provisions of this contract and as per Section 194-C of Income Tax Act, or any other Law, Rule or Regulation for the time being in force along with the recovery towards the adjustment of secured advance if any. All lawful payments as provided under ESI Act, Workmen's Compensation Act, etc. not made by the Contractor / Sub-contractor, Owner reserves the right to deduct from the Contractor's bills and remitted to the concerned Authority / Department or Body on Contractor's /Sub-contractor's behalf until sufficient proof is furnished by the Contractor / Sub-Contractor to the contrary. All "On Account" Payments shall be regarded merely as an advance payment against the amounts due to the Contractor in terms of the contract and any such payments shall not be regarded as an acceptance or completion of any works paid for.

17.00 TERMS OF PAYMENT

The entire payment shall be processed within 30-days from the date of receipt of certified bill as per terms mentioned in the Notice Inviting Tender.

For delayed supply & execution of work, bill will be reduced by the amount as per delay compensation clause.

18.00 SCHEDULE OF RATES

All the items of work mentioned in the Schedule of Rates and covered by the

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Contract shall be carried out as per the Drawings, Specifications and directions of Engineer-In-Charge and shall include all labour, materials, tools, plants, tackle, testing, if any, with Contractor's testing appliance, taxes, duties, levies, cess, water, power, consumables, etc. along with all enabling work incidental expenses, transportation, handling etc. required to complete the work.

19.00 CONDITIONS OF WORK

In addition to the provisions of clause in GCC and other associated clauses there under, notwithstanding the shut down of work, the Contractor shall without entitlement to any additional compensation or remuneration at his own cost and initiative, shall take all steps necessary to protect the trenches already dug, pipes already laid, and/or the pipes and other materials, equipments and machinery at site during the rain and from the effects thereof and the- Contractor shall, at his own cost and initiative, do and perform all such rectification, repairs and/or re-workings as shall be necessary.

20.00 TEST AND INSPECTION

The major equipments shall be tested at factory before dispatch. Manufacturer's test certificates shall be submitted to the owner in three copies for approval. Materials shall be dispatched from works only after obtaining owners written approval. The complete hydrant system, after installation shall be hydro tested to a test pressure 1.5 times that of the operating pressure or else as specified in the relevant IS codes. The test report shall be jointly signed by the contractor & owner and form a part of documentation against invoice for release of payment against testing & commissioning of the system.

21.00 COMMISSIONING

Though it is the entire responsibility of the Contractor to commission the complete system but in case wherever required to render assistance in this behalf to the Contractor, the Contractor shall provide without any cost lo the Owner all necessary inputs including labour and equipment/ machinery to the Owner's Engineers as well as to the supplier's commissioning Engineers to enable them to commission the entire system including equipments and their auxiliaries. It shall be the responsibility of the Contractor to arrange the services of the equipment manufacturer during the commissioning of machinery /equipment /system which are supplied by the Contractor The Contractor at his own cost and initiative shall carry out rectification of defect in any work done by them without delay to suit and match the commissioning programme.

22.00 SAFETY & POLLUTION CONTROL

In addition to the provisions in GCC, the Contractor shall take all reasonable precautions to avoid pollution or contamination of the air, land or water arising out of the performance of the work. Disposal of returns and cuttings produced by the work shall not be allowed to be discharged in the river. Contractor shall make arrangement at his own cost and initiative to dispose off the return and cuttings generated from any of his operation, as to avoid any pollution to the environment Should there be a discharge or escape

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of appreciable quantity of pollutants or contaminants during performance of its obligations under this contract which occurs as a result of activities of the Contractor or its sub-contractor, the Contractor shall immediately take all necessary actions to contain, control, recover or disperse the substance and to eliminate the safety and environmental risks and correct the damage resulting there from.

23.00 EXTRA ITEMS OF WORK During the course of execution of the work, should the contractor come across items of work which are not covered under the Schedule of Rate or not included therein, the Contractor shall draw the attention of the Owner / Engineer-in-Charge to the same and such items of work shall be treated as extra only with the prior approval of Engineer-in-Charge in writing. Contractor shall submit a quotation along with the rate analysis for approval of EIC for such accepted extra items before he commences work or purchases the materials in connection with such items. For extra items, rates shall be derived from similar item rates included in the schedule of work. Where there is no such similar item available in the schedule, rate shall be analysed as follows: Rate for extra item = Cost of material (a) + cost of labour inclusive of all necessary tools, tackles, equipment, machinery and consumable (b) required to carry out the work + 15% of (a+b) towards profit and overhead + taxes, duties etc. as applicable.

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APPENDIX TO SCC

HSE MEASURES, CONSTRUCTION HAZARDS

AND PROTECTIVE MEASURES

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HSE MEASURES

Construction Hazards

Contractor shall ensure that during the performance of the work, all hazards have been identified, assessed and eliminated.

A list of construction hazards along with their effects & preventive measures to be taken by the contractor is given in Annexure-I.

Accessibility

The Contractor shall provide safe means of access to any working place including provisions of suitable and sufficient scaffolding at various stages during all operations of the work for the safety of his workmen and Consultant/ Owner.

Personal Protective Equipment (PPE)

The Contractor shall ensure that all their staff and workers including their sub-contractor(s)'s have been issued & wear appropriate PPEs like safety helmets, safety shoes, safety belt, full body harness, protective goggles, gloves etc. All these gadgets shall conform to applicable IS Specifications/CE or other applicable international standards.

For shot blasting, the usage of protective helmets (approved by the competent authority), gauntlet and protective clothing is mandatory.

Working at height

Owner shall issue height permit for working above 3M height after verifying and certifying the checkpoints as specified in the permit Format. He shall also undertake to ensure compliance to the conditions of the permit during the currency of the permit including adherence to personal protective equipment.

The permit shall be issued initially for one week or expected duration of an activity and extended further for the balance duration.

In case work is undertaken without taking sufficient precautions as given in the permit, owner Engineers may cancel the permit and stop the work till satisfactory compliance is arranged. Contractors are expected to maintain a register for issuance of permit and extensions thereof including preserving the used permits for verification during audits etc.

Contractor shall arrange (at his cost) and ensure use of Fall Arrester Systems by his workers. Fall arresters are to be used while climbing tall structures. These arresters should lock automatically against the anchorage line, restricting free fall of the user. The device is to be provided with a double security opening system to ensure safe attachment or release of the user at any point of rope. In order to avoid shock, the system should be capable of keeping the person in vertical position in case of a fall. Contractor shall ensure that Life Lines are used by all personnel while working at height. One end of the life line shall be firmly tied with the worker and the other end with a fixed & rigid structure. The life line should be strong enough to take the load of the worker in case of a fall.

Contractor shall provide Roof Top Walk Ladders for carrying out activities on sloping roofs in order to reduce the chances of slippages.

Contractor shall ensure that a proper Safety Net System is used wherever the hazard of fall from height is present. The safety net shall be located not more than 9M below the working surface extending on either side upto sufficient margin to arrest or to reduce the consequences of a possible fall of persons working at different heights.

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Electrical installations

The contractor shall ensure that electrical systems and equipment including tools & tackles are properly selected, installed, used and maintained. The contractor shall deploy qualified & licensed electricians for proper & safe installation and for regular inspection of construction power distribution lines/points including their earthing. A copy of the license shall be submitted to owner for records.

Welding/ Gas cutting

Contractor shall ensure that flash back arresters conforming to BS:6158 or equivalent are installed on all gas cylinders while in use. All cylinders shall be mounted on trolleys. All welding machines shall have effective earthing. To eliminate radiation hazard, Tungsten electrodes used for Gas Tungsten Arc Welding shall not contain Thorium.

Ergonomics and tools & tackles

The Contractor shall assign to his workmen, tasks commensurate with their qualification, experience and state of health.

All lifting tools, tackles, equipment, accessories including cranes shall be tested periodically by statutory/competent authority for their condition and load carrying capacity. Valid test & fitness certificates from the authority shall be submitted to Owner for review/acceptance before the lifting tools, tackles, equipment, accessories and cranes are used.

Contractor shall ensure installation of Safe Load Indicator (SLI) on all cranes (while in use) to minimize overloading risk. SLI shall have capability to continuously monitor and display the load on the hook, and automatically compare it with the rated crane capacity at the operating condition of the crane. The system shall also provide visual and audible warnings at set capacity levels to alert the operator in case of violations.

Occupational Health

The contractor shall identify all operations that can adversely affect the health of its workers and issue & implement mitigation measures. For surface cleaning operations, sand blasting shall not be permitted even if not explicitly stated elsewhere in the contract.

Hazardous substances

Hazardous and/or toxic materials such as solvent coating, or thinners shall be stored in appropriate containers, which shall be labeled with the name of the materials, the hazards associated with its use and necessary precautions to be taken. Where contact or exposure of hazardous materials/Noise pollution exceeds the specified limit or otherwise have harmful affects, appropriate personal protective equipment such as gloves, earmuffs, goggles, aprons, chemical resistant clothing, respirator, etc. shall be used.

Spills

Chemical and other spills shall be contained & cleaned immediately to prevent further contamination.

Radiation exposure

a) All personnel exposed to physical agents such as non-ionizing radiation, ultraviolet rays or similar other physical agents shall be provided with adequate shielding or protection commensurate with the type of exposure involved.

b) For ionizing radiation, requirements of Bhabha Atomic Research Centre (BARC) shall be followed.

Environment Protection

Contractor shall ensure proper storage and utilization methodology of materials that are detrimental to the environment. Where required, Contractor shall ensure that only the environment friendly materials

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are selected and emphasize on recycling of waste materials such as metals, plastics, glass, paper, oil & solvents.

Rules & Regulations

All persons deployed at site shall be knowledgeable of and comply with the environmental laws, rules & regulations relating to the hazardous materials, substances and wastes. Contractor shall not dump, release or otherwise discharge or dispose off any such materials without the express authorization of Owner. TRAINING

Contractor shall ensure that all his personnel possess appropriate training to carry out the assigned job safely. The training should be imparted in a language understood by them and should specifically be trained about

a) Potential hazards to which they may be exposed at their workplace Measures available for prevention, recurrence and elimination of these hazards

The training shall cover education about hazardous jobs and precautions required

Emergency and evacuation plan HSE requirements Fire fighting and First-Aid Use of PPEs

Records of the training shall be kept and submitted to Owner whenever demanded.

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CONSTRUCTION HAZARDS, THEIR EFFECTS & PREVENTIVE MEASURES

ACTIVITY TYPE OF HAZARD EFFECT OF HAZARD PREVENTIVE MEASURES

(A) EXCAVATION

• Pit Excavation upto

3.0m

Falling into pit Personal injury Provide guard rails/ barricade with warning signal

Provide at least two entries/ exits.

Provide escape ladders.

Earth Collapse Suffocation/

Breathlessness

Buried

Provide suitable size of shoring and strutting, if required.

Keep soil heaps away from the edge equivalent to 1.5m or

depth of pit whichever is more.

Don't allow vehicles to operate too close to excavated

areas. Maintain at least 2m distance from edge of cut.

Maintain sufficient angle of repose. Provide slope not less

than 1:1 and suitable bench of 0.5m width at every 1.5m

depth of excavation in all soils except hard rock.

Battering/benching the sides.

Contact with buried

electric cables

Gas/Oil Pipelines

'Electrocution

Explosion

Obtain permission from competent authorities, prior to

excavation, if required.

Locate the position of buried utilities by referring to plant

drawings.

Start digging manually to locate the exact position of

buried utilities and thereafter use mechanical means.

• Pit Excavation beyond

3.0m

Same as above plus

Flooding due to excessive rain /underground water

Can cause drowning

situation

Prevent ingress of water

Provide ring buoys

Identify and provide suitable size dewatering pump or well

point system

Digging in the vicinity of

existing Building/ Structure

Building/Structure may

collapse

Loss of health & wealth

Obtain prior approval of excavation method from local

authorities.

Use under-pining method

Construct retaining wall side by side.

Movement of vehicles/

equipment close to the

edge of cut.

May cause cave-in or

slides.

Persons may get

buried.

'Barricade the excavated area with proper lighting

arrangements.

Maintain at least 2m distance from edge of cut

Strengthen shoring and strutting

Narrow deep

excavations for

pipelines, etc.

Same as above plus

Frequent cave-in or

slides

May cause severe

injuries or prove fatal

Battering/benching of sides

Provide escape ladders

Flooding due to

Hydrotesting

May arise drowning

situation

Same as above plus

Bail out accumulated water

Maintain adequate ventilation.

Rock excavation by blasting

Improper handling of

explosives

May prove fatal Ensure proper storage, handling & carrying of explosives

by trained personnel.

Comply with the applicable explosive acts & rules.

ANNEXURE-I

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Uncontrolled explosion May cause severe

injuries or prove fatal

Allow only authorized persons to perform blasting

operations.

Smoking and open flames are to be strictly prohibited

Scattering of stone

pieces in atmosphere

Can hurt people Use PPE like goggles, face mask, helmets etc.

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ACTIVITY TYPE OF HAZARD EFFECT OF HAZARD PREVENTIVE MEASURES

Rock excavation by

blasting

'Entrapping of

persons/ animals.

May cause severe

injuries or prove fatal

Barricade the area with red flags and blow siren before

blasting.

Misfire May explode suddenly Do not return to site for at least 20 minutes or unless

announced safe by designated person.

Piling Work

Failure of pile-

driving equipment

Can hurt people Inspect Piling rigs and pulley blocks before the beginning

of each shift.

Noise pollution Can cause deafness

and psychological

imbalance.

Use personal protective equipment like ear plugs, muffs,

etc.

Extruding

rods/casing

Can hurt people Barricade the area and install sign boards

Provide first-aid

Working in the

vicinity of 'Live-

Electricity'

Can cause electrocution/

asphyxiation

Keep sufficient distance from Live- Electricity as per IS

code.

Shut off the supply, if possible

Provide artificial/rescue breathing to the injured

(B) CONCRETING Air pollution by

cement

May affect Respiratory

System

Wear respirators or cover mouth and nose with wet cloth.

Handling of

ingredients

Hands may get injured Use gloves & other PPE.

Protruding

reinforcement rods

Feet may get injured Use Safety shoes

Provide platform above reinforcement for movement of

workers

Earthing of

electrical mixers,

vibrators, etc. not

done.

Can cause electrocution/

asphyxiation

Ensure earthing of equipment and proper functioning of

electrical circuit before commencement of work.

Falling of materials

from height

'Persons may get injured Use hard hats

Remove surplus material immediately from work place.

Ensure lighting arrangements during night hours

Continuous pouring

by same gang

Cause tiredness of

workers and may lead to

accident.

'Insist on shift pattern

Provide adequate rest to workers between subsequent

pours.

Revolving of

concrete mixer/

vibrators

'Parts of body or clothes

may get entrapped.

Allow only mixers with hopper

Provide safety cages around moving motors

Ensure proper mechanical locking of vibrator

• Super-structure

Same as above

plus

Deflection in props

or shuttering

material

Shuttering/props may

collapse and prove fatal

Avoid excessive stacking on shuttering material

Check the design and strength of shuttering material

before commencement of work

Rectify immediately the deflection noted during

concreting. Passage to work

place

Un-properly tied and

designed props/planks

may collapse

Ensure the stability and strength of passage before

commencement of work.

Do not overload and stand under the passage.

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ACTIVITY TYPE OF HAZARD EFFECT OF HAZARD PREVENTIVE MEASURES

(C) REINFORCEMENT Curtailment and

binding of rods

Persons may get injured Use PPE like gloves, shoes, helmets, etc.

Avoid usage of shift tools

Carrying of rods for

short distances/at

heights

Workers may get injured

their hands and

shoulders.

Provide suitable pads on shoulders and use safety gloves

Tie up rods in easily liftable bundles

Ensure proper staging.

Checking of clear

distance/ cover with

hands

Rods may cut or injure

the fingers

Use measuring devices like tape, measuring rods, etc.

Hitting projected

rods and standing on

cantilever rods.

Persons may get injured

and fell down

'Use safety shoes and avoid standing unnecessarily on

cantilever rods

Avoid wearing of loose clothes

Falling of material

from height

May prove fatal Use helmets

Provide safety nets

Transportation of

rods by trucks/

trailers

Protruded rods may hit

the persons

Use red flags/lights at the ends

Do not protrude the rods in front of or by the side of driver's

cabin.

Do not extend the rods l/3rd of deck length or 1.5m

whichever is less

(D)

WELDING AND GAS

CUTTING

Welding radiates

invisible ultraviolet

and infrared rays

Radiation can damage

eyes and skin.

Use specified shielding devices and other PPE of correct

specifications.

Avoid thoriated tungsten electrodes for GTAW

Improper placement

of oxygen and

acetylene cylinders

Explosion may occur Move out any leaking cylinder

Keep cylinders in vertical position

Use trolley for transportation of cylinders and chain them

Use flash back arrestors

Leakage/ cuts in

hoses

May cause fire Purge regulators immediately and then turn off Never use grease or oil on oxygen line connections and

copper fittings on acetylene lines

Inspect regularly gas carrying hoses Use the current for which the cable is designed Always use red hose for acetylene & other fuel gases

and black for oxygen

Opening-up of

cylinder

Cylinder may burst Always stand back from the regulator while opening the

cylinder

Turn valve slowly to avoid bursting

Cover the lug terminals to prevent short circuiting

Welding of tanks,

container or pipes

storing flammable

liquids

Explosion may occur Empty them before welding

Never attach the ground cable to tanks, container or pipe

storing flammable liquids

Never use LPG for gas cutting

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ACTIVITY TYPE OF

HAZARD

EFFECT OF HAZARD PREVENTIVE MEASURES

(E) RADIO-

GRAPHY

Ionizing radiation Radiations may react

with the skin and can

cause cancer, skin

irritation, dermatitis, etc.

Ensure Safety regulations as per BARC before

commencement of job.

Cordon off the area and install Radiation warning

symbols

Restrict the entry of unauthorized persons

Wear appropriate PPE and film badges issued by BARC

Transportation

and Storage of

Radiography source

Same as above Never touch or handle radiography source with hands

Store radiography source inside a pit in an exclusive isolated

storage room with lock and key arrangement. The pit should be

approved by BARC.

Radiography source should never be carried either in passenger

bus or in a passenger compartment of trains.

BARC have to be informed before source movement.

Permission from Director General of Civil Aviation is required for

booking radio isotopes with airlines.

Loss of Radio

isotope

Same as above Try to locate with the help of Survey Meter.

Inform BARC

(F)

ELECTRICAL

INSTALLATION

AND USAGE

Short circuiting Can cause

Electrocution or Fire

Use rubberized hand gloves and other PPE

Don't lay wires under carpets, mats or doorways.

Allow only licensed electricians to perform on electrical facilities

Use one socket for one appliance

Ensure usage of only fully insulated wires or cables

Don't place bare wire ends in a socket

Ensure earthling of machineries and equipment

Do not use damaged cords and avoid temporary connections

Use spark-proof/flame proof type field distribution boxes.

Do not allow open/bare connections

Provide all connections through ELCB

Protect electrical cables/equipment's from water and naked

flames

Check all connections before energizing

Overloading of

Electrical System

Bursting of system

can occur which leads

to fire

Display voltage and current ratings prominently with 'Danger'

signs.

Ensure approved cable size, voltage grade and type

Switch off the electrical utilities when not in use

Do not allow unauthorized connections.

Ensure proper grid wise distribution of Power

Improper laying

of overhead and

underground

transmission

lines/cables

Can cause

electrocution and prove

fatal

Do not lay unarmoured cable directly on ground, wall, roof of trees

Maintain at least 3 m distance from HT cables

All temporary cables should be laid at least 750 mm below ground

on 100 mm fine sand overlying by brick soling

Provide proper sleeves at crossings/ intersections

Provide cable route markers indicating the type and depth of

cables at intervals not exceeding 30m and at the

diversions/termination

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Seal & Signature of the Tenderer Page 67 of 95

ACTIVITY TYPE OF HAZARD EFFECT OF HAZARD PREVENTIVE MEASURES

(G)

FIRE PREVENTION

AND

PROTECTION

Small fires can

become big ones

and may spread to

the surrounding

areas

Cause burn injuries

and may prove fatal

In case a fire breaks out, press fire alarm system and

shout "Fire, Fire"

Keep buckets full of sand & water/ fire extinguishing

equipment near hazardous locations

Confine smoking to 'Smoking Zones' only.

'Train people for using specific type of firefighting

equipment under different classes of fire

Keep fire doors/shutters, passages and exit doors

unobstructed

Maintain good housekeeping and first-aid boxes

Don't obstruct assess to Fire extinguishers.

Do not use elevators for evacuation during fire.

Maintain lightening arrestors for elevated structures

Improper selection

of Fire

extinguisher

It may not extinguish

the fire

Ensure usage of correct fire extinguisher meant for the

specified fire

Do not attempt to extinguish Oil and electric fires with

water. Use foam cylinders/C02/sand or earth

Improper storage

of highly

inflammable

substances

Same as above Maintain safe distance of flammable substances from

source of ignition

Restrict the distribution of flammable materials to only min.

necessary amount

Construct specifically designed fuel storage facilities

Keep chemicals in cool and dry place away from heat.

Ensure adequate ventilation

Before welding operation, remove or shield the flammable

material properly

Store flammable materials in stable racks, correctly

labeled.

'Wipe off the spills immediately

Short circuiting of

electrical system

Same as above

Can cause

Electrocution

Don't lay wires under carpets, mats or door ways

Use one socket for one appliance.

Use only fully insulated wires or cables

Do not allow open/bare connections

Provide all connections through ELCB

Ensure earthing of machineries and equipment

(H)

VEHICULAR

MOVEMENT

Crossing the

Speed Limits

(Rash driving)

Personal injury Obey speed limits and traffic rules strictly

Always expect the unexpected and be a defensive driver

Use seat belts/helmets

Blow horn at intersections and during overtaking

operations.

Maintain the vehicle in good condition

Do not overtake on curves, bridges and slopes

Adverse weather

condition

Same as Above Read the road ahead and ride to the left

Keep the wind screen and lights clean

Do not turn at speed.

Recognize the hazard, understand the defense and act

correctly in time.

Consuming

alcohol before and

during the driving

operation

Same as above Alcohol and driving do not mix well. Either chose alcohol or

driving.

If you have a choice between hitting a fixed object or an

on-coming vehicle, hit the fixed object

Quit the steering at once and become a passenger.

Otherwise take sufficient rest and then drive.

Do not force the driver to drive fast and round the clock.

Do not day dream while driving

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ACTIVITY TYPE OF HAZARD EFFECT OF HAZARD PREVENTIVE MEASURES

Falling objects/

Mechanical failure

May prove fatal Ensure effective braking system, adequate visibility

for the drives, reverse warning alarm..

Proper maintenance of the vehicle as per

manufacturer instructions

(I)

PROOF

TESTING

(HYDROSTATIC

/ PNEUMATIC

TESTING)

Bursting of piping

Collapse of tanks

Tanks flying off

May cause injury and

prove fatal

Prepare test procedure & obtain L/owner's approval

Provide separate gauge for pressurizing pump and

piping/equipment

Check the calibration status of all pressure gauges,

dead weight testers and temperature recorders

Take dial readings at suitable defined intervals and

ensure most of them fall between 40-60% of the

gauge scale range

Provide safety relief valve (set at pressure slightly

higher than test pressure) while testing with air/

nitrogen

Ensure necessary precautions, stepwise increase in

pressure, tightening of bolts/nuts, grouting, etc.

before and during testing

Keep the vents open before opening any valve while

draining out of water used for hydrotesting of tanks.

Pneumatic testing involves the hazard of released

energy stored in compressed gas. Specific care

must therefore be taken to minimize the chance of

brittle failure during a pneumatic leak test. Test

temperature is important in this regard and must be

considered when the designer chooses the material

of construction.

A pressure relief device shall be provided, having a

set pressure not higher than the test pressure plus

the lesser of 345 KPa (50 psi) or 10% of the test

pressure.

The gas used as test fluid, if not air, shall be

nonflammable and nontoxic.

(J) WORKING AT HEIGHTS

Person can fall

down

May sustain severe

injuries or prove fatal

Provide guard rails/barricade at the work place

Use PPE like safety belts, full body harness, life

line, helmets, safety shoes, etc.

Obtain a permit before starting the work at height

above 3 meters

Fall arrest systems like safety nets, etc. must be

installed

Provide adequate working space (min. 0.6 m)

Tie/weld working platform with fixed support

Use roof top walk ladder while working on a

slopping roofs

Avoid movement on beams

'May hit the

scrap/material stacked

at the ground or in

between

Keep the work place neat and clean

Remove the scrap immediately

Material can fall

down

May hit the workers

working at lower levels

and prove fatal

Same as above plus

Do not throw or drop materials or equipment from

height.

All tools to be carried in a tool-kit Bag or on working

uniform

Remove scrap from the planks

Ensure wearing of helmet by the workers at low

level

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Seal & Signature of the Tenderer Page 69 of 95

ACTIVITY TYPE OF HAZARD EFFECT OF

HAZARD

PREVENTIVE MEASURES

(K)

CONFINED SPACES

Suffocation/

drowning

Unconsciousness,

death

Use respiratory devices, if reqd.

Avoid overcrowding inside a confined space

Provide Exhaust fans for ventilation

Do not wear loose clothes, neck ties, etc.

Check for presence of hydrocarbons, O2 level

Obtain work permit before entering a confined space

Ensure that the connected piping of the equipment

which is to be opened is pressure free, fluid has been

drained, vents are open and piping is positively

isolated by a blind flange

Presence of

foul smell and

toxic

substances

Inhalation can pose

threat to life

Same as above plus

Check for hydrocarbon and Aromatic compounds

before entering a confined space

Depute one person outside the confined space for

continuous monitoring and for extending help in case

of an emergency

Ignition/ flame

can cause fire

Person may sustain

burn injuries or

explosion may occur

Keep fire extinguishers at a hand distance r

Remove surplus material and scrap immediately

Do not smoke inside a confined space

Do not allow gas cylinders inside a confined space

Use low voltage (24V) lamps for lighting

Use tools with air motors or electric tools with max.

voltage of 24V

Remove all equipment at the end of the day

(L) HANDLING AND

LIFTING

EQUIPMENTS

Failure of load

lifting and

moving

equipment

Can cause accident

and prove fatal

Avoid standing under the lifted load and within the

operating radius of cranes

Check periodically oil, brakes, gears, horns and tyre

pressure of all moving machinery

Check quality, size and condition of all chain pulley

blocks, slings, U-clamps, D-shackles, wire ropes, etc.

Allow crane to move only on hard, firm and leveled

ground

Allow lifting slings as short as possible and check

gunny packing at the friction points

Do not allow crane to tilt its boom while moving

Install Safe Load Indicator

Overloading of

lifting equipment

Same as above Safe lifting capacity of derricks and winches written on

them shall be got verified

The max. safe working load shall be marked on all

lifting equipment

Check the weight of columns and other heavy items

painted on them and accordingly decide about the

crane capacity, boom and angle of erection

Allow only trained operators and riggers during crane

operation.

Overhead

electrical wires

Can cause

electrocution and fire

Do not allow boom or other parts of crane to come

within 3m reach of overhead HT cables

Hook and load being lifted shall preferably remain in

full visibility of crane operators.

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Seal & Signature of the Tenderer Page 70 of 95

ACTIVITY

TYPE OF HAZARD

EFFECT OF

HAZARD

PREVENTIVE MEASURES

(M) SCAFFOLDING,

FORMWORK

AND LADDERS

Person can

fall down

Person may

sustain severe

injuries and prove

fatal

Provide guard rails for working at height

Face ladder while climbing and use both hands.

Ladders shall extend about lm above landing for easy

access and tying up purpose

Do not place ladders against movable objects and

maintain base at 1/4 unit of the working length of the ladder

Suspended scaffolds shall not be less than 500 mm wide

and tied properly with ropes

No loose planks shall be allowed

Use PPE, like helmets, safety shoes, etc.

Failure of

scaffolding

material

Same as above Inspect visually all scaffolding materials for stability and

anchoring with permanent structures.

Design scaffolding for max. load carrying capacity.

Scaffolding planks shall not be less than 50X250 mm full

thickness lumber or equivalent. These shall be cleated or

secured and must extend over the end supports by at least

150mm and not more than 300mm

Don't overload the scaffolds

Do not splice short ladders to make a longer one. Vertical

ladders shall not exceed 6m.

Material can

fall down

Persons working

at lower level gets

injured

Remove excess material and scrap immediately

Carry the tools in a tool-kit bag only

Provide safety nets

(N)

STRUCTURAL WORKS

Personal

negligence

and danger of

fall

Can cause injury

or casualty

Do not take rest inside rooms built for welding machines or

electrical distribution system.

Avoid walking on beams at height

Wear helmet with chin strap and safety belts when working

at height

Use hand gloves and goggles during grinding operations

Cover or mark the sharp and projected edges

Do not stand within the operating radius of cranes

Lifting/slipping

of material

Same as above Do not stand under the lifted load

Stack properly all the materials. Avoid slippage during

handling

Control longer pieces lifted up by cranes from both ends

Remove loose materials from height

Ensure tightening of all nuts & bolts

(O) PIPELINE WORKS

Erection/

lowering failure

Can cause injury Do not stand under the lifted load

Do not allow any person to come within the radii of the side

boom handling pipes

Check the load carrying capacity of the lifting tools &

tackles

Use safe Load Indicators

Use appropriate PPEs Other Same as above Wear gum boots in marshy areas

Allow only one person to perform signaling operations

while lowering of pipes

Provide night caps on pipes

Provide end covers on pipes for stoppage of

pigs while testing/ cleaning operations

ACTIVITY

TYPE OF HAZARD

EFFECT OF

HAZARD

PREVENTIVE MEASURES

(M) SCAFFOLDING,

FORMWORK

AND LADDERS

Person can

fall down

Person may

sustain severe

injuries and prove

fatal

Provide guard rails for working at height

Face ladder while climbing and use both hands.

Ladders shall extend about lm above landing for easy

access and tying up purpose

Do not place ladders against movable objects and

maintain base at 1/4 unit of the working length of the ladder

Suspended scaffolds shall not be less than 500 mm wide

and tied properly with ropes

No loose planks shall be allowed

Use PPE, like helmets, safety shoes, etc.

Failure of

scaffolding

material

Same as above Inspect visually all scaffolding materials for stability and

anchoring with permanent structures.

Design scaffolding for max. load carrying capacity.

Scaffolding planks shall not be less than 50X250 mm full

thickness lumber or equivalent. These shall be cleated or

secured and must extend over the end supports by at least

150mm and not more than 300mm

Don't overload the scaffolds

Do not splice short ladders to make a longer one. Vertical

ladders shall not exceed 6m.

Material can

fall down

Persons working

at lower level gets

injured

Remove excess material and scrap immediately

Carry the tools in a tool-kit bag only

Provide safety nets

(N)

STRUCTURAL WORKS

Personal

negligence

and danger of

fall

Can cause injury

or casualty

Do not take rest inside rooms built for welding machines or

electrical distribution system.

Avoid walking on beams at height

Wear helmet with chin strap and safety belts when working

at height

Use hand gloves and goggles during grinding operations

Cover or mark the sharp and projected edges

Do not stand within the operating radius of cranes

Lifting/slipping

of material

Same as above Do not stand under the lifted load

Stack properly all the materials. Avoid slippage during

handling

Control longer pieces lifted up by cranes from both ends

Remove loose materials from height

Ensure tightening of all nuts & bolts

(O) PIPELINE WORKS

Erection/

lowering failure

Can cause injury Do not stand under the lifted load

Do not allow any person to come within the radii of the side

boom handling pipes

Check the load carrying capacity of the lifting tools &

tackles

Use safe Load Indicators

Use appropriate PPEs Other Same as above Wear gum boots in marshy areas

Allow only one person to perform signaling operations

while lowering of pipes

Provide night caps on pipes

Provide end covers on pipes for stoppage of

pigs while testing/ cleaning operations

ACTIVITY

TYPE OF HAZARD

EFFECT OF

HAZARD

PREVENTIVE MEASURES

(M) SCAFFOLDING,

FORMWORK

AND LADDERS

Person can

fall down

Person may

sustain severe

injuries and prove

fatal

Provide guard rails for working at height

Face ladder while climbing and use both hands.

Ladders shall extend about lm above landing for easy

access and tying up purpose

Do not place ladders against movable objects and

maintain base at 1/4 unit of the working length of the ladder

Suspended scaffolds shall not be less than 500 mm wide

and tied properly with ropes

No loose planks shall be allowed

Use PPE, like helmets, safety shoes, etc.

Failure of

scaffolding

material

Same as above Inspect visually all scaffolding materials for stability and

anchoring with permanent structures.

Design scaffolding for max. load carrying capacity.

Scaffolding planks shall not be less than 50X250 mm full

thickness lumber or equivalent. These shall be cleated or

secured and must extend over the end supports by at least

150mm and not more than 300mm

Don't overload the scaffolds

Do not splice short ladders to make a longer one. Vertical

ladders shall not exceed 6m.

Material can

fall down

Persons working

at lower level gets

injured

Remove excess material and scrap immediately

Carry the tools in a tool-kit bag only

Provide safety nets

(N)

STRUCTURAL WORKS

Personal

negligence

and danger of

fall

Can cause injury

or casualty

Do not take rest inside rooms built for welding machines or

electrical distribution system.

Avoid walking on beams at height

Wear helmet with chin strap and safety belts when working

at height

Use hand gloves and goggles during grinding operations

Cover or mark the sharp and projected edges

Do not stand within the operating radius of cranes

Lifting/slipping

of material

Same as above Do not stand under the lifted load

Stack properly all the materials. Avoid slippage during

handling

Control longer pieces lifted up by cranes from both ends

Remove loose materials from height

Ensure tightening of all nuts & bolts

(O) PIPELINE WORKS

Erection/

lowering failure

Can cause injury Do not stand under the lifted load

Do not allow any person to come within the radii of the side

boom handling pipes

Check the load carrying capacity of the lifting tools &

tackles

Use safe Load Indicators

Use appropriate PPEs Other Same as above Wear gum boots in marshy areas

Allow only one person to perform signaling operations

while lowering of pipes

Provide night caps on pipes

Provide end covers on pipes for stoppage of

pigs while testing/ cleaning operations

ACTIVITY

TYPE OF HAZARD

EFFECT OF

HAZARD

PREVENTIVE MEASURES

(M) SCAFFOLDING,

FORMWORK

AND LADDERS

Person can

fall down

Person may

sustain severe

injuries and prove

fatal

Provide guard rails for working at height

Face ladder while climbing and use both hands.

Ladders shall extend about lm above landing for easy

access and tying up purpose

Do not place ladders against movable objects and

maintain base at 1/4 unit of the working length of the ladder

Suspended scaffolds shall not be less than 500 mm wide

and tied properly with ropes

No loose planks shall be allowed

Use PPE, like helmets, safety shoes, etc.

Failure of

scaffolding

material

Same as above Inspect visually all scaffolding materials for stability and

anchoring with permanent structures.

Design scaffolding for max. load carrying capacity.

Scaffolding planks shall not be less than 50X250 mm full

thickness lumber or equivalent. These shall be cleated or

secured and must extend over the end supports by at least

150mm and not more than 300mm

Don't overload the scaffolds

Do not splice short ladders to make a longer one. Vertical

ladders shall not exceed 6m.

Material can

fall down

Persons working

at lower level gets

injured

Remove excess material and scrap immediately

Carry the tools in a tool-kit bag only

Provide safety nets

(N)

STRUCTURAL WORKS

Personal

negligence

and danger of

fall

Can cause injury

or casualty

Do not take rest inside rooms built for welding machines or

electrical distribution system.

Avoid walking on beams at height

Wear helmet with chin strap and safety belts when working

at height

Use hand gloves and goggles during grinding operations

Cover or mark the sharp and projected edges

Do not stand within the operating radius of cranes

Lifting/slipping

of material

Same as above Do not stand under the lifted load

Stack properly all the materials. Avoid slippage during

handling

Control longer pieces lifted up by cranes from both ends

Remove loose materials from height

Ensure tightening of all nuts & bolts

(O) PIPELINE WORKS

Erection/

lowering failure

Can cause injury Do not stand under the lifted load

Do not allow any person to come within the radii of the side

boom handling pipes

Check the load carrying capacity of the lifting tools &

tackles

Use safe Load Indicators

Use appropriate PPEs Other Same as above Wear gum boots in marshy areas

Allow only one person to perform signaling operations

while lowering of pipes

Provide night caps on pipes

Provide end covers on pipes for stoppage of

pigs while testing/ cleaning operations

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ACTIVITY

TYPE OF HAZARD

EFFECT OF

HAZARD

PREVENTIVE MEASURES

(M) SCAFFOLDING,

FORMWORK

AND LADDERS

Person can

fall down

Person may

sustain severe

injuries and prove

fatal

Provide guard rails for working at height

Face ladder while climbing and use both hands.

Ladders shall extend about lm above landing for easy

access and tying up purpose

Do not place ladders against movable objects and

maintain base at 1/4 unit of the working length of the ladder

Suspended scaffolds shall not be less than 500 mm wide

and tied properly with ropes

No loose planks shall be allowed

Use PPE, like helmets, safety shoes, etc.

Failure of

scaffolding

material

Same as above Inspect visually all scaffolding materials for stability and

anchoring with permanent structures.

Design scaffolding for max. load carrying capacity.

Scaffolding planks shall not be less than 50X250 mm full

thickness lumber or equivalent. These shall be cleated or

secured and must extend over the end supports by at least

150mm and not more than 300mm

Don't overload the scaffolds

Do not splice short ladders to make a longer one. Vertical

ladders shall not exceed 6m.

Material can

fall down

Persons working

at lower level gets

injured

Remove excess material and scrap immediately

Carry the tools in a tool-kit bag only

Provide safety nets

(N)

STRUCTURAL WORKS

Personal

negligence

and danger of

fall

Can cause injury

or casualty

Do not take rest inside rooms built for welding machines or

electrical distribution system.

Avoid walking on beams at height

Wear helmet with chin strap and safety belts when working

at height

Use hand gloves and goggles during grinding operations

Cover or mark the sharp and projected edges

Do not stand within the operating radius of cranes

Lifting/slipping

of material

Same as above Do not stand under the lifted load

Stack properly all the materials. Avoid slippage during

handling

Control longer pieces lifted up by cranes from both ends

Remove loose materials from height

Ensure tightening of all nuts & bolts

(O) PIPELINE WORKS

Erection/

lowering failure

Can cause injury Do not stand under the lifted load

Do not allow any person to come within the radii of the side

boom handling pipes

Check the load carrying capacity of the lifting tools &

tackles

Use safe Load Indicators

Use appropriate PPEs Other Same as above Wear gum boots in marshy areas

Allow only one person to perform signaling operations

while lowering of pipes

Provide night caps on pipes

Provide end covers on pipes for stoppage of

pigs while testing/ cleaning operations

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TECHNICAL SPECIFICATION OF FIRE HYDRANT SYSTEM

(REFER TECHNICAL DATA -SHEETS ATTATCHED)

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1.0.0 GENERAL 1.1.0 Intent of Specification 1.1.1 This specification is intended to cover supply, erection, testing and commissioning of

the fire-protection system, as per enclosed Schedule of Work, drawings, data sheets, specifications and tender terms & conditions inclusive of the supply of all labour, supervision, tools, equipment and erection materials as necessary.

1.1.2 The specification shall be read in conjunction with the General Condition of Contract

and Special Conditions of Contracts as enclosed with this Specification. 1.2.0 Standards & Codes

The complete supply and installation work for the equipment and accessories covered under this specification shall be designed, manufactured, erected, tested and commissioned in accordance with the latest ISS. In cases where ISS are not available, the equipment and accessories shall conform to the latest publication of recognized National Standard Institutions.

All fire-protection equipment and installation work shall also conform to local Pollution Control Board and Fire Insurance Regulations as regards safety, earthing and other essential provisions specified therein for installation and operation of the systems. Nothing in this specification shall be construed to relieve the CONTRACTOR of this responsibility.

2.0.0 SCOPE OF WORK 2.1.0 The details of various equipment relevant to the Fire Protection system have been

elaborated in the subsequent sections of this document.

2.1.1 All equipment, materials, hardware and accessories to be supplied by the bidder shall be brand new ones and make specified in the technical data sheet. For other make, prior written approval of the owner shall be obtained for which detail technical document & Data sheet for all such items with make etc. shall be furnished along with application for owner review and acceptance.

2.1.2 All relevant drawings, technical data sheets and technical leaflets on each piece of

device. 2.2.0 Scope of Services 2.2.1 Furnishing of all labour, skilled and unskilled, supervisory personnel, erection tools

and tackles, testing equipment, implements, supplies, consumables and hardware for timely and efficient execution of the erection work.

2.2.2 Transport vehicle necessary for efficient transportation of equipment from the stores

to site of erection

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2.2.3 Complete assembly, erection and connection, testing and commissioning, putting into successful and satisfactory commercial operation of the above mentioned electrical equipment.

2.2.4 The item of work to be performed on all equipment and materials shall include but not

be limited to the following:

Receiving, unloading and transportation at site (to owner's /contractor's stores and from their up to actual place of erection). Opening, inspection and reporting all damages and short supply of items. Arranging to repair and/or re-order all damaged and short supply items. Storing at site with suitable all weather protection. Assembly, erection and complete installation. Necessary co-ordination between works done by the other contractors. Final check-up, testing and commissioning in presence of owner's representative. Trial run for seven days, rectification of defects, if any and adjustment as necessary. Re-rolling of cables on new drums if so desired by the owner. Compilation and submission of test-reports and Drawings, follow-ups/ liaison with the local Fire Department on behalf of Client for obtaining approval on the total installation of the System.

2.2.5 Field modification carried out shall be marked up red on one set of erection drawings. 2.2.6 Preparation of cable schedule 2.2.7 Preparation of AS BUILT DRAWINGS and submission of the same in soft copies (in

Auto cad 2007 / Microsoft Word/excel format) as well as in three hard copies. 2.2.8 Reference shall be drawn to the "Schedule of Work and Prices” for quantity of major

items. 2.2.9 Facilities to be arranged by Contractor 2.2.10 Contractor will be given a place for storing his materials, tools, tackles. 2.2.11 For Construction power and water pl. refer NIT. 2.2.12 The Contractor shall also arrange for storing material with weather protection

wherever necessary and proper security arrangement till the installation is taken over by the owner.

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2.2.13 OTHER TERMS OF MAINTENANCE CONTRACT i) Replacement of any items required for maintenance Issued as ‘Free Issue

Material’ to the contractor shall be done within your quoted rates. ii) Supply of missing items, replacement of any defective accessories or any

rectification work may be charged additionally by the contractor iii) Comments on the service report shall be rectified within 24 hrs. to get proper

system operation during emergency.

Periodical (once in a month) running of system to ensure proper operation during emergency and any problem/failure during BL personnel training/usage shall be attended immediately (within 24 hours)

3.0.0 TECHNICAL DATA/DRAWINGS/DOCUMENTS TO BE FURNISHED 3.1.0 Along with the Offer

Technical Particulars of all Supply-items covered under the scope.

3.2.0 After Award of Contract Technical Particulars, Technical Catalogs, GA Dwgs, Control schematics & interlocks and routine test certificates of motors, engines, pumps etc. The bidder has to take approval of the owner before procurement or start of site activities.

4.0.0 TESTS 4.1.0 Pre-commissioning Tests at site 4.1.1 The installation work shall be tested by the contractor after completion of his erection

work with an advance notice to the engineer so that he or his authorized representative may witness the same also.

The contractor shall prepare the pre-commissioning test program of each equipment

/ work / system indicating the data of each equipment / work / system, the tests to be carried out in seriatim and the test result to be tabulated. The program shall be submitted to the owner for approval.

The contractor shall carry out Test as per relevant codes & standards.

After completion of the tests, the results shall be submitted to the owner for his

approval and acceptance. 4.1.2 The test result of any installation or equipment or its part, if considered satisfactory to

the engineer, the concerned installation / equipment and its accessories shall be properly rectified by the contractor and shall be properly rectified by the contractor and shall be tested again to the satisfaction of the engineer by the contractor at his own cost.

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5.0 DESIGN BASIS 5.1 Hydrant System

The Fire Hydrant System shall be designed as per IS: 3844 (1989, Reaffirmed 2010) standard. The detection & protection facilities to be installed are as under:-

1. Automatic detection and alarm system shall be provided for Admin Building. 2. Required Portable Fire Extinguishers shall be provided as per IS: 15683 3. Hose Reel confirming to IS: 884-1985 shall be provided on each floor in the Staircase landing

and in prominent places in the shed 4. Required Wet Riser/ Down comer shall be provided in the Staircase and fire escape Staircase 5. landing valves shall confirm to IS: 5290 3. Pressurized yard Hydrant Ring Main shall be provided around the plant premises and

buildings protecting the entire plant 4. Fire Brigade inlet connection shall be provided near the main entry of the plant 5. Hydrant points shall be provided with delivery hose confirming to IS: 14933-2001 along with

standard branch confirming to IS: 2871 6. Distance between 2-Hydrants shall not be more than 30M. IS:3844-1989 guidelines shall be

followed. 7. Fire water distribution system will be designed as a closed loop to ensure multi-directional flow

with isolation valves at strategic locations. The system will comprise the following:- i) 171 M3/ Hr capacity (2850 lpm), 70 MWC head motor driven Fire Fighting pump ii) 171 M3/ Hr capacity (2850 lpm), 70 MWC head engine driven Fire Fighting pump iii) 10.8 M3/ Hr capacity (180 lpm), 88 MWC head motor driven Jockey pumps iv) 54 M3/ Hr capacity (900 lpm), 35 MWC head motor driven Booster pump at v) 120 KL capacity partly underground RCC water storage tank with low level and high level

alarm switch shall be installed for exclusive use of Fire Fighting vi) Network of underground & over ground piping of appropriate sizes will be installed in the ring

main vii) Isolation valves be provided at various location for maintenance purpose of the ring main viii) Composite panel, cabling for power & control shall be provided in the pump room ix) Field instruments & switches shall be provided for indication and interlock x) 2KM radius Fire Siren shall be installed in the plant 8. 200 lit AFFF Foam Compound in 20 lit jar shall be provided paint store area. 9. 2 nos. self contained breathing apparatus shall be provided for the plant

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10. 2 nos. 50 lit AFFF extinguishers shall be provided for storage area 11. 20 nos. ABC type fire extinguishers – 6 kg 12. 2 nos. CO2 fire extinguishers – 9 kg 13. 6 nos. Firewater buckets including the structure for fixing. 14. Sign indicators for all fire safety, safe evacuation of occupants in case of emergency shall be

provided at prominent places as per guidelines of a) Safety colour & safety, b) Fire protection safety sign & c) Graphics symbols for Fire Protection Plan

The layout of proposed hydrant system is enclosed (Refer Drg No BL/E&P/BRL-DRM/AST/FW-01) OPERATIONAL PHILOSOPHY OF PUMPING SYSTEM The operation philosophy of pumping system is depicted hereinunder:- The complete system will remain pressurized upto the hydrant valve, isolation valve of water monitor valves. The jockey pump is auto start and auto stop type. Normally the pipeline up to the hydrant valve shall be kept pressurized by water at a pressure of 8.8 kg/cm2g through pressurizing system consisting of Jockey pump. Fire water Pump delivery head shall be 7 kg/cm2g. During operation of the system in event of outbreak of fire, the pressure available at the hydraulically remotest point shall be 4.5 kg/cm2g (min). On identification of Fire, hose pipes and branch pipes are to be connected to the hydrant valves and the same are to be opened and the pressurized water jet is to be directed towards the seat of fire. The system will be provided with 1-operating and 1-stand-by fire water pumps (Motor driven & Diesel engine driven). The Motor driven pump will be kept in operating mode which would come in operation automatically in the event of fire, but would be stopped only manually. In the event of fire outbreak, the jockey pump would come into operation automatically but since the water demand would be more, the jockey pump would not be able to meet the demand and pressure would fall further, resulting in bringing the Motor driven fire pump in operation automatically. Diesel engine driven stand-by pump would remain as emergency pump which will come into operation automatically in the event of Motor driven pump failing to come in operation, as per interlock design. FIRE WATER DISTRIBUTION ARRANGEMENT The system will be designed as a closed loop to ensure multi-directional flow with isolation valves at strategic locations. The design will be done based on 120% of flow rate and a velocity of 3 to 4 m/sec for pump discharge and 2 m/sec for pump suction. The network will normally run over ground at 300 mm above finished grade level on RCC pedestals/ support from building structure/ wall excepting the following locations when the same will be buried a) Road Crossing b) Operational Obstructions Underground pipes shall be provided with proper anti-corrosive treatment and pipe crossings at roads shall pass through hume pipes.

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For prevention, fire retardant material, cables etc. shall be used for interior work of plant building, administrative office and other utility area to the extent possible and furniture, fixture to be used shall be of steel or other fire retardant material.

5.2.0 PUMPS, ENGINE AND ACCESSORIES

The pumps shall be exclusively used for firefighting purposes. One set for system shall be of

electrical motor driven direct couple centrifugal pump of adequate discharge and the Standby Diesel

engine driven direct coupled centrifugal pump of adequate discharge and head shall be provided

as per technical requirement. The pumping capacity of main and stand by system pumps shall be as

per Data sheet.

Approval of Pump characteristic curve and data sheet shall be obtained from owner before

placement of order on the manufacturer & sub-supplier. Approval on the pump engine shall be

obtained from Owner for engine driven pump before placement of order on the manufacturer & sub-

supplier.

5.3.0 GENERAL REQUIREMENT

The pumps shall be horizontal centrifugal back pull out type; pump designed for continuous

operation and shall have a continuously dropping head characteristic without any zone of instability.

The power capacity characteristic shall be non-over loading type. The head vs. capacity, input power

vs. capacity characteristics, etc., shall match to ensure load sharing and trouble free operation

throughout the range. In case of accidental reverse flow through the pump the driver shall be

capable of bringing the pump to its rated speed in the normal direction from the point of maximum

possible reverse speed. The contractor under this specification shall assume full responsibility in the

operation of the pump and the drive as one unit. The pump shall be capable to discharge 150

percent of rated capacity at a total head of not less than 65 percent of the total rated head. The total

shut off head shall not exceed 120 percent of total rated head on the pump. An automatic air release

valve shall be provided to vent air from the pump discharge and also to admit to the pump to

dissipate the vacuum there, upon stopping of the pump.

This valve shall be located at the highest point in the discharge line between the pump and the

discharge check valve. Pump coupled with motor or engine on a common base plate shall perform

smoothly without any excessive noise or vibration. Also pump shall be provided with re-circulation

piping with valves.

5.4.0 PUMP CASING

The casing shall be cast iron to IS 210 and capable of withstanding to the maximum pressure

developed by the pump at the pumping temperature.

5.5.0 IMPELLER

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The impeller shall be of standard bronze. The impeller shall be secured to the shaft with hydraulically

balanced and shall be retained against circumferential movement by keying, pinning or lock rings. All

screwed fasteners shall tighten in the direction of normal rotation.

5.6.0 SHAFT

Shaft size shall be selected on the basis of maximum combined shear stress. The shaft shall be of

stainless steel AISI-410 ground and polished to final dimensions and shall be adequately sized to

withstand all stresses from motor weight, hydraulic loads, vibrations and torque’s coming in during

operation. Pump Shaft-Motor Shaft Coupling shall be connected with adequately sized flexible

couplings with spacer of suitable approved design. Necessary guards shall be provided for

couplings. Pump shall be consisting with Gland plate for gland packing.

5.7.0 BASE PLATE

A common base plate for mounting both the pump and drive shall be provided. The base plate shall

be of rigid construction, shall be fabricated by M.S. channels. Base plate and pump supports shall be

so constructed, the pumping unit shall be mounted so as to Minimize misalignment caused by

mechanical forces such as normal piping strain, hydraulic piping thrust etc.

5.8.0 VIBRATION AND BALANCING

The rotating elements shall be so designed to ensure least vibration during start and throughout the

operation of the equipment. All rotating components shall be statically dynamically balanced at

workshop. All the components of pumps of identical parameters supplied under these specifications

shall be interchangeable

6.00 FIRE HYDRANT

6.1.0 Without restricting to the generality of the foregoing, the fire hydrant system shall include the

following:

6.1.2 Pump, suction / delivery pipes, Valves, control panel and Instrumentation and pump set shall be

manual start / stop.

6.1.2. Mild Steel Iron (M.S.), ERW, Black (Heavy Grade) in Pump house, ring mains & riser main

within the building and as well outside the building.

6.1.3 Landing valves, external hydrant valves, hose reels, fire duct shutters. Hose cabinets, fire

brigade connections and connections to pumps and appliances, as required.

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6.1.4 All materials shall be of the best quality and brand new, conforming to these specifications

/standards and subject to the approval of the Owner / consultant.

6.1.5 Pipes shall be fixed in a manner as to provide easy accessibility for repair and maintenance and

shall not cause obstruction in shafts, passages etc.

6.1.6 Pipes and fittings shall be fixed to walls and ceilings by suitable clamps at intervals specified.

Only approved types of anchor fasteners shall be used for RCC ceilings and walls.

6.1.7 Pipes and fittings shall be fixed truly vertical, horizontal or in slopes as required in a neat

manner. The pipes shall be supported by structural steel fabricated (like, channel / angle / flat /

plate etc) supports with suitable anchor fasteners / suspended thread rods not less than M16 in

size.

6.1.8 Valves and other appurtenances shall be as located that they are easily accessible for

operation, repairs and maintenance. Valves / other equipment fitted above the false ceiling shall

be provided with trap / access doors.

6.1.9 Pipes for wet risers within the Building shall be M.S. tubes conforming to IS 1239

(Heavy 'C' class) with flanged/welded joints.

6.1.10 Fittings for steel pipes shall be malleable iron or forged iron fittings with screwed / welded

joints.

6.1.11 Inter connection between sprinkler and hydrant pumps shall be carried out at discharge side with

Check valve and isolation valves.

6.2.0 PIPING

All pipes inside the building and where specified, outside the building shall be G.I./ M.S. conforming to

IS: 1239 - Heavy. Pipes 200 mm dia. and above shall be M.S. as per IS: 3589 with minimum 6 mm

wall thick & fittings shall be fabricated from pipes confirming to IS 3589.

Pipes shall be carefully laid to the alignment, levels and gradients shown on the plan and sections and

great care shall be taken to prevent any sand, earth or other matter from entering the pipes during

laying. Pipes shall be kept thoroughly clean during the course of laying. The ends of pipes shall be

blocked with wooden plugs wedged home, at the end of each days work to prevent dirt and rodents,

insects etc., entering the pipe.

Pipes up to 50mmdia, tapered screwed / Socket welded / Butt welded type jointing shall be adopted,

while for pipes above 50mmdia welded or flanged connections shall be used. Flanged joints shall be

made with 3 mm thick insertion rubber washer / Gaskets. All bolt holes in flanges shall be drilled &

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making hole by using gas cutting is not acceptable. The drilling of each flange shall be in accordance

with relevant Standards provided in Data Sheet.

Flanged joints shall be used for connections to vessel, equipment, flanged valves and also on suitable

straight lengths of pipeline at strategic points to facilitate erection and subsequent maintenance work.

The Bolts /Nuts / Washers used in the system shall be in accordance with relevant Standards provided

in Data Sheet.

6.2.1 PIPE PROTECTION

6.2.1.1 ABOVE GROUND PIPES

All pipes above ground and in exposed locations shall be painted as follows,

Surface Preparation: To the satisfaction of EIC after proper cleaning of surface.

6.2.1.2 UNDER GROUND PIPES

The pipes (buried) should be initially brushed to remove all foreign matter and apply the primer over the

pipe. Primer is allowed to dry until the solvent evaporates and surface becomes tacky. The tape 4mm

thick and 150/250mm wide shall then be wound in a spiral fashion and bonded completely to pipe by

thermo fusion process. The overlap is to be maintained at 15mm.

6.2.3 THRUST BLOCKS

Contractor shall provide suitable PCC blocks of suitable dimensions at Change – in – direction and

regular intervals of 6 meters to support the pipes. Minimum Size of Blocks shall be

600mmx600mmx450mm.

6.2.4 PIPE SUPPORTS

Supports for above ground pipes of 65mmdia and above shall be fabricated by structural steel of

suitable sections with suitable fasteners. The spacing of supports shall be 3mts minimum and painted

two coats of enamel paint of approved color over a coat of primer.

Suitable type hangers shall support pipes below 50 mm dia with clamps, anchor fasteners and

suspended rods etc.

In any case fasteners shall not be less than 12 mm in size.

6.3.0 VALVES

6.3.1 BUTTERFLY VALVES

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Butterfly valves shall be as per BS 5155 & provided for pipes 50mmdia and above on down stream

(delivery side) of the pumps. The valves shall be CI construction, seat shall be black nitrile rubber with

in situ molding. The valves shall be PN 1.2 rating. All valves shall be connected with supervisory switch

for monitoring at Fire alarm panel. Cabling shall be measured and paid under Fire alarm system.

6.3.2 NON – RETURN VALVES

Non – return valves shall be as per IS: 5312.

6.4.0 HOSE REEL

Hose reel shall be swinging type for 180 deg with mounting base plate. Hose reel shall consist with

19mm dia high-pressure rubber braided hose of 30M length with gunmetal nozzles. Hose reel water

shall be tapped off from the wet riser with Ball valve. The hose reel shall be installed in fire hose duct

inside the building.

6.5.0 HYDRANT VALVE

The Hydrant valve shall be gunmetal single headed type conforming to IS: 5290 complete with hand

wheel, quick coupling, spring and blank cap. 2 Nos. of RRL type hose pipe of 63mmdia and 15M length

as per IS code specified in SOR with 63mmdia instantaneous type Gun metal heavy duty couplings &

Gun metal Branch pipe and nozzle to be provided. Fire hoses and branch pipes shall be mounted

inside the fire shaft with suitable supports.

6.6.0 FIRE HOSE

Fire hoses shall be as per IS code specified in SOR & 63mmdia and 15M long. Hoses shall be

bounded by G.I. wire to heavy-duty instantaneous gunmetal couplings.

6.7.0 BRANCH PIPE & NOZZLE

Branch pipe shall be gunmetal, 63mmdia with Nozzle of 19mm dia made as per IS code specified in

SOR and suitable fitted with hoses as specified elsewhere in this specifications.

6.8.0 HOSE CABINET

Hose cabinet shall be fabricated by M.S. sheet of 16swg and size shall be 750mm x 600mm x 250mm.

Hose cabinet shall have glass fronted door fitted with 4mm thick clear glass & powder coated finish of

red outside & white inside. Cabinet shall be suitable for stand mounting / wall mounted as specified in

SOR and shall have built in breakable glass type feature to keep key.

6.9.0 FIRE BRIGADE INLET CONNECTION (FBIC)

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FBIC shall be as per IS 5131 & gunmetal four away connecting head with 4 x 63mmdia instantaneous

type inlets with built in check valve and 150mmdia outlet connection to the fire main grid with

150mmdia Butterfly valve and non – return valve. The fire brigade inlet shall be feed water in to the

system as well as to the fire water tank

6.10.0 AIR RELEASE VALVES

Air release valve is 25mm screwed inlet GM single acting type and shall be fixed on all high points in

the system (wet riser) with Ball valves or as shown on drawings.

6.11.0 DRAIN VALVES

Gun metal Gate / Ball valve of 15 / 25 / 40 / 50mmdia as per IS: 778 with fittings as required for

instruments / draining any water in the system / Risers in low points.

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ANNEXURE - I

LIST OF APPROVED MAKE

Sl. No. Item Description Preferred Make

1 Cable & Wires : CCI/ Universal/ Gloster/ Nicco/ /Finolex/ Polycab/ Havells/ Mescab 2 Pump : Mather & Platt / Kirloskar 3 Engine : Greaves / Cummins

4 Motor : Cromption /Kirloskar/ ABB / Bharat Bijlee /Siemens / equivalent approved make (E.A.M) 5 Gate Valves : KBL/H sarkar / Fluiod Control /Upadhya/

Kalpana/ (E.A.M) 6 Pipes : Tata / Jindal /SAIL / (E.A.M) 7 PS : ANI/H Guru / Waree/ Wika /Indfoss/ (E.A.M) 8 Control Panel Component : ABB / Siemens / Schneider / L&T/ (E.A.M) 9 Relays : Alstom / ABB / Siemens /L&T / (E.A.M) 10 Hydrant valve & water monitor : GEI / Newage / Shah Bhogilal / (E.A.M) Branch Pipe with Nozzle 11 Non- Return Valves : KBL/ H sarkar / Fluiod Control /Upadhya/ Kalpana/ Venus/ Hawa/ InterValve / (E.A.M) 12 Butterfly Valves : KBL/H sarkar / Fluiod Control /Upadhya/ Kalpana/ Venus/ Hawa / (E.A.M) 13 Pipe Fittings : Bharat Forge/ Tube Products/M.S. Fittings/ Sanjay Forge/ VS Brand (E.A.M)

14 Gate Valves, screwed end : Leader/Zoloto/ ITAP/ (E.A.M) 15 Ball Valves, screwed end : Leader/Zoloto/ ITAP/ (E.A.M) 16 Strainer : Gujrat OTO Filt/ Grand Prix/Tel Flow/ Jaypee/

(E.A.M)

17 PI : Fiebig/H Guru/ Pricol/ Waree/GIC/Wika/(E.A.M) 18 Anti Corrosive Material : IWL/ Rustech/ (E.A.M)

19 Fire Hose & Hose Coupling : Newage / CRC/ GEI/ (E.A.M)

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20 Air Release Valve : Leader/ Bajaj/ Hawa/ (E.A.M) 21 Welding Electrodes : ESAB/ ADVANI/Best Arc/ (E.A.M) 22 Fire Alarm panel : Agni / System Sensor / (E.A.M) Note: E.A.M -Equivalent approved make

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Technical Data Sheet

Index Document No. Title No of Sheet 244/1 Fire Water Pump (Motor Driven) 1 244/2 Fire Water Pump (Engine Driven) 1 244/3 Jockey Pump (Motor Driven) 1 244/4 Terrace Pump ( Motor Driven ) 1 244/5 Branch Pipe & Nozzles 1 244/6 Fire Hose with couplings 1 244/7 Hose Box 1 244/8 Landing / Hydrant 2 244/9 Water Monitor 1 244/10 Pressure Switch 1 244/11 Pressure Gauge 1 244/12 Y- type Strainer 1 244/14 Pipe fittings, flanges etc. 2 244/15 CI Gate Valves 2 244/16 CI Non Return Valves 2 244/17 Wrapping & Coating material 1 244/18 Painting of Piping, Equipment & Structure 2 244/19 Optical Smoke Detector 1

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ATTACHMENT

I Bank Guarantee Formats II Details of Experience III Concurrent Commitment IV Inspection & Testing

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ATTACHMENT - IA

BANK GUARANTEE AGAINST PERFORMANCE

Letter of Guarantee No: _________

Dated the day of: ______________

THE GUARANTEE is executed at Mumbai on the _______ day of ___________ by

____________________ (set out full name and address of the Bank) (hereinafter referred to as

“the Bank” which expression shall unless expressly executed or repugnant to the context or

meaning thereof mean and include its successors and assigns)

WHEREAS Balmer Lawrie & Co. Ltd., 5 J N Heredia Marg, Ballard Estate, Mumbai-400001,

India, an existing Company within the meaning of the Companies Act, 1956 and having its

Registered Office at 21 N. S. Road, Kolkata-700 001 (hereinafter referred to as “the Company”)

issued a Tender being No. 0100PC0676 dtd 11.08.2016 (hereinafter referred to as “the said

Tender”) for the Supply and Erectionof Fire Protection System and pursuant thereto M/s.

_________________ (set out full name and address of the Contractor) (hereinafter referred to

as “the Contractor” which term or expression wherever the context so requires shall mean and

include the partner or partners of the Contractor for the time being / his /its heirs executors

administrators successors and assigns) (delete which are not applicable) has accepted the said

Tender and filed its quotation.

AND WHEREAS the quotation of the Contractor had been accepted by the Company and in

pursuance thereof an Order being No: ______________ dated ____________ (hereinafter

referred to as “the said Order”) has been placed by the Company on the Contractor for (set out

purpose of the job).

AND WHEREAS under the terms of the said Order the Contractor is required to furnish the

Company at their / his / its own costs and expenses a Bank Guarantee for Rs ______________

(Rupees ____________________________ only) as performance guarantee for the fulfilment

of the terms and conditions of the said Tender and to do execute and perform the obligations of

the Contractor under the Agreement dated the _________ day of _______________

(hereinafter referred to as “the Agreement”) entered into by and between the Company of the

one part and the Contractor of the other part, the terms of the said Tender and the terms

contained in the said order which expression shall include all amendments and / or

modifications and / or variation thereto.

AND WHEREAS the Contractor had agreed to provide to the Company a Bank Guarantee as

security for the due performance of their / his / its obligations truly and faithfully as

hereinbefore mentioned.

NOW THIS GUARANTEE WITHNESSETH as follows:

A. In consideration of the aforesaid premises at the request of the Contractor we

______________________ (set out the full name of the Bank) the Bankers of the

Contractor hereby irrevocably and unconditionally guarantee that the Contractor shall

perform fully and faithfully their / his / its contractual obligations under the Agreement

dated the ________ day of ________________ entered into by and between the

Company of the one part and the Contractor of the other part the terms and conditions of

the said Tender and the said Order.

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B. We ____________________________(set out full name of the Bank) do hereby

undertake to pay to the Company without any deduction whatsoever a sum not

exceeding Rs _________________ (Rupees ___________________________________

Only) without any protest, demur or proof or condition on receipt of a written demand

from the Company stating that the amount claimed is due by way of loss and damage

caused to or would be caused to or suffered by the Company due by way of loss and

damage caused to or would be caused to or suffered by the Company due to bad

workmanship or by reason of breach of any of the terms and conditions of the

Agreement the said Tender and the said Order hereinbefore mentioned.

C. This Guarantee is issued as security against due performance of the obligations of the

Contractor or under the Agreement aforesaid and the said tender and the said Order

hereinbefore mentioned and subject to the conditions that our liabilities under this

Guarantee is limited to a maximum sum of Rs ____________ (Rupees _________

_____________________________ Only) or the amount of loss or damage suffered or

to be suffered by the Company in its opinion at any period of time, whichever is lower.

D. We _____________________________________________ (set out full name of the

Bank) further agree that the undertaking herein contained shall remain in full force for a

period of _______ months from the date of the satisfactory execution of the Contractor.

E. This Guarantee shall not be affected by any amendment or change in the Agreement or

change in the constitution of the Bank and /or the Company and / or the Contractor.

F. We _____________________________ (set out full name of the Bank) undertake not to

revoke this Agreement during its currency except with the previous consent of the

Company in writing.

G. All claim under this Guarantee must be presented to us within the time stipulated after

which date the Company’s claim / right under this Guarantee shall be forfeited and we

___________________________, (set out full name of the Bank) shall be released and

discharged from all liabilities hereunder.

H. This instrument shall be returned upon its expiry or settlement of claim(s), if any,

thereunder.

I. Notwithstanding anything contained hereinabove our total liabilities under this

Guarantee shall not exceed a sum of Rs _____________ (Rupees _______________

________________________ Only) and unless a demand or claim in writing under this

Guarantee reaches us on or before the day of _________________ (last date of claim)

and if no claim is received by us by that date all rights and claims of the Company under

this Guarantee shall be forfeited and we, ______________________________ (set out

full name of the Bank) shall be released and discharged of all our liabilities under this

Guarantee thereafter.

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J. We have power to issue this guarantee in your favour under our Memorandum and

Article of Association and the undersigned has full power to execute this Guarantee

under the Power of Attorney dated the __________ day of ___________________

granted to him by the Bank.

Place:

Date:

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ATTACHMENT – IB PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT

(To be provided by successful bidder only)

Proforma of the Bank Guarantee (Security Deposit) Balmer Lawrie & Co. Ltd.

5, J N Heredia Marg,

Ballard Estate,

Mumbai – 400 001.

Dear Sir,

That Messrs. /Mr.________ (set out full name and a Bidder and constitution of the Contractor) (hereinafter referred to as “the Contractor”) filed their / his / its quotation against your Tender being Tender No. 0100PC0676 dtd 11.08.2016 (hereafter referred as "the said Tender")for Supply and Erection of Fire Protection System being No.____________ dated (hereinafter referred to as “the Order”) was issued by you to the Contractor.

The conditions of the said Tender, inter alia, require that the Contractor shall pay a sum of Rs. (Rupees only) as full security deposit (hereinafter referred to as “the security deposit”) in the form therein mentioned. The form of payment of security deposit includes a guarantee to be executed by a Scheduled Indian Bank.

The said Messrs. / Mr. ______________ (set out full name of the Contractor) have / has approached us and at their / his / its request and in consideration of the premises. We _________________ (set out full name of the Bank) having our office, inter alia at ______________ (state the address of the Bank) has agreed to give such guarantee in the manner following:

1. We, __________________ ( set out full name of the Bank ), hereby undertake and agree with you if default is made by Messrs. / Mr. ______________ (set out full name of the Contractor ), in performing any of the terms and conditions of the Tender and / or Order or in payment of the security deposit or any other or in payment of money payable to you, We, ______________ (set out full name of the Bank ) shall merely on demand from you without demur or protest shall pay you the said amount Rs. 000.00 (only ) or such portion thereof not exceeding the said sum as you may demand from time to time.

2. We, _________________ ( set out full name of the Bank ), further agree with you that you shall have the fullest liberty to without our consent and without affecting in any manner our obligations hereunder to adopt any mode for realization of your dues from the Contractor and/or to vary any of the Terms and Conditions of your Contract with the said Messrs. / Mr.________________ ( set out full name of the contractor ) or to extend time of performance by Contractor from time to time or to postpone for any time or from time to time

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any of the powers exercisable by you against Contractor and to forbear or enforce any of the terms and conditions relating to the Contract and We, ____________ (set out full name of the Bank ) shall not be relieved from our liability by reason of any such variation, or any indulgence to be given by you to the Contractor or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so releasing us.

3. Your right to recover the said sum of Rs. 000.00 (Rupees only ) from us in the manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes is / are pending before any Officer, tribunal, court or any other authority or authorities.

4. The guarantee herein contained shall not be determined or affect by liquidation or winding up, dissolution or change of constitution or insolvency of the said Messrs. / Mr. _____________ (set out the full name of the Contractors), but shall in al respect, and for all purposes be binding and operative until payment of all the money due to you in respect of such liabilities is paid. 5. Our liability under this guarantee is restricted to Rs. 00.00 (Rupees only )

6. Our guarantee shall remain in force and effect until _________ (set out the date of Expiry) and unless a claim or demand in writing is made against us under this guarantee before the expiry of six months from the aforesaid date i.e. __________________ (set out last date of Claim period), the said Guarantee all your rights under this guarantee shall be forfeited and We, _________________ (set out full name of the Bank) shall be relieved and discharged from all liabilities there by. 7. We, __________________________ (set out full name of the Bank) undertake not to revoke this Guarantee during its currency except with your previous consent in writing.

8. We, __________________________ (set out full name of the Bank) have power to issue this Guarantee in your favor under our Memorandum and Articles of Association and the undersigned has full power to execute / sign this Guarantee under the Power of the Attorney dated the _________________ day of ______________ Two Thousand _______________ granted by

the Bank. Yours faithfully, Dated:

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ATTACHMENT - II DETAILS OF EXPERIENCE Tenderer shall give information of similar Works done during past five (5) years strictly as per the proforma given below.

Sl.No.

Full particulars of similar work carried out by the Contractor

Value of Contract

Completion time as stated in Tender (Months)

Actual Completion time (Months) with date of commencement of work

Year of completion

Name & Postal address of Client with Telex / Telephone No.

1 2 3 4 5 6 7

Certified that the above information is correct. SIGNATURE OF TENDERER

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ATTACHMENT – III CONCURRENT COMMITMENTS

Tenderer shall give information about his present commitments as per proforma

Sl. No.

Full Postal

address of

Client & Name

of Officer-in-

Charge with

Telex/Telephon

e No

Descriptio

n of the

Work

Value of

contract

Date of

commenc

ement of

work

Scheduled

completion

period

(months)

% age

compl

etion

as on

date

Expected

date of

completion

Remarks

if any

Certified that the above information is correct.

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ATTACHMENT – IV INSPECTION AND TEST PLAN

SL. NO.

ACTIVITY EXAMINATION BY CONTRACTOR

INSPECTION BY BL

RECORDS TO BE SUBMITTED BY CONTRACTOR

`