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YIL 50 MW SOLAR POWER PLANT PROJECT, PAVAGADA, KARNATAKA

YIL YARROW INFRASTRUCTURE LIMITED

GENERAL CONDITIONS OF CONTRACT (GCC)

ENGINEERING, PROCUREMENT & CONSTRUCTION FOR 50 MW SOLAR PV POWER


PROJECT AT PAVAGADA, KARNATAKA

50 MW SOLAR POWER PLANT PROJECT

PAVAGADA, KARNATAKA

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(This document is meant for the exclusive purpose of bidding against this specification and shall not be
transferred, reproduced or otherwise used for purposes other than that for which it is specifically issued).
YIL 50 MW SOLAR POWER PLANT PROJECT, PAVAGADA, KARNATAKA

INDEX

S.NO DESCRIPTION PAGE NO.


1.0 DEFINITION OF TERMS AND INTERPRETATION OF BID DOCUMENTS 4
2.0 ENTIRE CONTRACT 7
3.0 AMENDMENT TO THE CONTRACT 8
4.0 INDEPENDENT CONTRACTOR 8
5.0 JOINT VENTURE OR CONSORTIUM 8
6.0 INDEPENDENT CONTRACT(S) 8
7.0 CONTRACT DOCUMENTS 8
8.0 CROSSS FALL BREACH AGREEMENT 8
9.0 SYSTEM OF UNITS, DIMENSIONS, MEASURES AND CALIBRATION 9
10.0 COMPLETION OF CONTRACT 9
11.0 NON WAIVER 9
12.0 SEVERABILITY 9
13.0 COUNTRY OF ORIGIN 9
14.0 NOTICES 9
15.0 GOVERNING LAW 10
16.0 COMPLIANCE WITH LAWS 10
17.0 SCOPE OF WORK/FACILITIES 10
18.0 DELIVERY AND TIME FOR COMPLETION 11
19.0 CONTRACTORS OBLIGATIONS 11
20.0 CO-OPERATION WITH OTHER CONTRACTORS AND CONSULTING ENGINEER 12
21.0 OWNERS OBLIGATIONS 12
22.0 TERMS
23.0 TAXES AND DUTIES 12
24.0 SECURITIES 13
25.0 CONTRACT PRICE 14
26.0 ACCEPTANCE OF THE ORDERS 14
27.0 REPEAT ORDER /CONTRACT 14
28.0 REGISTRATION OF THE CONTRACT WITH STATUTORY AUTHORITIES 14
29.0 CONFIDENTIALITY 14
30.0 BRIBES, COMMISSION ETC. 15
31.0 REPRESENTATIVES OF PARTIES 15
32.0 WORK PROGRAM 16
33.0 CONTRACTORS VENDORS/SUPPLIERS 17
34.0 DESIGN AND ENGINEERING 18
35.0 PROCUREMENT 19
36.0 QUALITY ASSURANCE /QUALITY CONTROL 20
37.0 PACKING, FORWARDING AND SHIPMENT 20
38.0 INSTALLATION 22
39.0 MATERIALS AND WORKMANSHIP 25
40.0 SPARE PARTS 25
41.0 COMMISSIONING SPARES 25
42.0 TESTS AND INSPECTION 26
43.0 ACCEPTANCE TESTS 27
44.0 INTELLECTUAL PROPERT RIGHT INDEMNITY 29
45.0 TRANSFER OF OWNERSHIP 29
46.0 PROTECTION AND CARE OF WORKS/FACILITIES 30
47.0 DEFECT LIABILITY 30
48.0 WARRANTY 31
49.0 DEDUCTION FROM CONTRACT PRICE 32
50.0 INDEMNIFICATION 32
51.0 INSURANCE 32
52.0 FORCEMAJEURE 35
53.0 WAR RISKS 36
54.0 CHANGE IN THE WORKS/FACILITIES 37

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YIL 50 MW SOLAR POWER PLANT PROJECT, PAVAGADA, KARNATAKA

55.0 DEMURRAGE, WHARF AGE, ETC. 38


56.0 IDLE CHARGES 38
57.0 SUSPENSION 38
58.0 SETTLEMENT OF DISPUTES 38
59.0 EXTENSION OF TIME FOR COMPLETION 39
60.0 TERMINATION 39
61.0 TERMINATION OF CONTRACTORS DEFAULT 40
62.0 ASSIGNMENT 42
63.0 LIENS 42
64.0 TRAINING OF OWNERS PERSONNEL/FOLLOW UP BY OWNER 42
65.0 CHANGE OF NAME 43
66.0 MINOR ACCESSORIES & FITTINGS 43
67.0 AFTER SALES SERVICES 43
68.0 NAME PLATES AND MARKING OF PARTS 43
69.0 PAINTING 43
50.0 SCOPE OF WORK AND SERVICES FOR ERECTION ACTIVITIES 43
71.0 WELDING OF PARTS AND HIGH PRESSURE PIPING 45
72.0 WELD EDGE PREPARATION 45
73.0 CLEANING AND SERVICING 46
74.0 FIELD WELDING SCHEDULE 46
75.0 ELECTRICAL SAFETY REGULATIONS 46
76.0 MATERIALS HANDLING AND STORAGE 47
77.0 WORKS AT SITE 48
78.0 WORK TO BE FURNISHED IF ONLY ERECTION SUPERVISORY SERVICES ARE 48
CALLED FOR
79.0 MANUFACTURERS SUPERVISION 48
80.0 FACILITIES TO BE ARRANGED BY THE CONTRACTOR 48
81.0 CONTRACTORS CO-OPERATION WITH THE OWNER 49
82.0 WITHHOLDING PAYMENT FOR ERECTION, TESTING, COMMISSIONING 49
83.0 CONVENIENCE OF PUBLIC 49
84.0 PREVENTION OF EXTRAORDINARY TRAFFIC AND PROTECTION OF HIGHWAY 50
85.0 URGENT REPAIR WORK 50
86.0 POSSESSION PRIOR TO COMPLETION 50
87.0 MEDICAL SUPERVISION & CARE 50
88.0 FIRE PROTECTION 50
89.0 CONSTRUCTION MANAGEMENT 51
90.0 PROTECTION OF PROPERTY AND CONTRACTORS LIABILITY 51
91.0 PROTECTION OF REFERENCE POINTS 52
92.0 WORK & SAFETY REGULATIONS 52
93.0 FOREIGN PERSONNEL 54
94.0 SECURITY 54
95.0 PROVIDENT FUND 54
96.0 ERECTION RIGHT AND PERMITS 55

ENCLOSURES:

ANNEXURE A PROJECT LOCATION 56


ANNEXURE B UNDERTAKING 57

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YIL 50 MW SOLAR POWER PLANT PROJECT, PAVAGADA, KARNATAKA

1.0 DEFINITION OF TERMS AND INTERPRETATION OF BID DOCUMENT

1.1 DEFINITIONS

The term initial capitalized and used herein or any other document related to the Contract, the defined
terms set forth in this Clause 1.0 shall have the meanings specified herein.

Acceptance Tests Shall mean such test to be performed by the Contractor at Site as are
/Performance Guarantee Tests required to determine and demonstrate guaranteed capacity, efficiency
and operating characteristics of the Works/Facilities as stipulated.
Approved/Approval Shall mean as approved by or approval of the Owner in writing.
Bidder/Tendered Shall mean duly established reputed organizations, manufacturers, etc.
having requisite financial and technical capability and experience
participating in the Bid/Tender invited by the Owner for the Works and
assumes single point responsibility acting by himself or on behalf of his
associates. The Bidder will be a party who will contractually be bound to
the Owner
Change Shall have meaning ascribed to it pursuant to GCC Sub-Clause 54.0
hereof.
Codes and Standards Shall mean the latest applicable International and Indian Codes and
Standards
Contract Document(s) Shall mean and include the General & Special Conditions of Contract,
Specifications and Annexure, Drawings, Covering Letters, Schedule of
Prices and Quantities, Notice to Proceed by the Owner, subsequent
amendments to the foregoing and the Contract. In case of any conflict
or contradiction between the Contract Documents inter se, the terms of
the document bearing a later date shall prevail over the earlier
document.
Consignee Shall mean the authorised representative or officer of the Owner to
whom the plant, equipment and materials are required to be delivered
in the manner indicated in the Contract Document
Contractor/Supplier Shall mean the successful Bidder who is awarded the Contract and shall
be deemed to include the Contractors successors, authorized
officers/representative and permitted assigns.
Contract/ Purchase Order/ Shall mean the agreement between the Contractor and the Owner,
Work Order together with Contract Documents referred to therein, for execution of
Works as defined in the Contract/ Order.
Commissioning Shall mean successful operation of Works/facilities at full load, after
completion of trial operation, without any problem/interruption.
Construction Equipment Shall mean all plant, equipment, machinery, tools, apparatus,
appliances or things of any kind required in or for installation,
completion and maintenance of Facilities that are to be provided by the
Contractor, but does not include Plant and Equipment, or other things
intended to form or forming part of the facilities.
Construction Manager Shall have meaning ascribed to it in GCC Sub-clause 31.2.7
Consultant Shall mean an agency providing consultancy services to the Owner.
Contract Price Shall mean the sum specified in the Contract and to be paid to the
Contractor for all obligations as per the provisions of the Contract,
subject to such additions and adjustments thereto or deductions there
from, as may be made pursuant to the Contract.
Contractors Representative Shall mean any person nominated by the Contractor and named as such
in the Contract and approved by the Owner in the manner provided in
GCC Sub-Clause 31.2 (Contractors Representative and Construction
Manager) hereof to perform the duties delegated by the Contractor
Corrupt practice means the offering, giving, receiving or soliciting of anything of value to
Influence the action of any of the Owners representative (s) in the
procurement process or in contract execution.
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Day means calendar Day of the Gregorian calendar


Defect Liability Period Shall mean the period during which Contractor shall remain liable at his
own cost and expense for all repairs and/ or replacement of any
manufacturing, technical or other defects or any bad workmanship or
any non-performance of any of the supplies or services rendered under
the Contract.
Drawings/ Plans Shall mean all:
1) Drawings furnished by the Owner/Consultant as a basis for bid.
2) Supplementary drawings furnished by the Owner/Consultant to
clarify and to define in greater detail the intent of the Contract.
3) Drawings submitted by the Contractor with his bid provided such
drawings are acceptable to the Owner/Consultant.
4) Drawings furnished by the Owner/Consultant to the Contractor
during the progress of the work, and
5) Engineering data and drawings submitted by the Contractor during
the progress of the work provided such drawings are acceptable to
the Owner.
Effective Date / Zero Date Shall mean the Date of issue of Letter of Intent/Purchase Order/Work
Order by the Owner unless specifically indicated in the respective Letter
of Intent/Purchase Order/Work Order.
Facilities/ Works Shall mean the works / facilities to be executed, items and / or activities
to be provided / carried out, and / or services and activities to be
performed/Plant and Equipment including Spares, Tools & Tackles to be
supplied and installed as well as the installation services to be carried
out by the Contractor under the Contract and shall include all extra or
additional, altered or substituted or temporary Works / Facilities as
required for performance of the Contract and urgent measures which in
the opinion of the Contractor become necessary during the process of
work to obviate any risk of accident or failure.
Final Acceptance /Taking Shall mean the Owners written acceptance of Works/Facilities or
Over Services under the Contract, after successful completion of Acceptance
Test, as specified in the accompanying Technical Specification or
otherwise as agreed in the Contract.

Fraudulent practice means a misrepresentation of facts in order to influence a procurement


process or the execution of a contract to the detriment of the Owner,
and includes collusive practice among bidders (prior to or after bid
submission) designed to establish bid prices at artificial non-competitive
levels and to deprive the Owner of the benefits of free and open
competition.
GCC Shall mean the General Conditions of Contract.
Inspector Shall mean any firm or person as may be duly appointed and authorised
in writing by the Owner from time to time to inspect the Works /
Facilities.

Installation Services Shall mean all those services ancillary to the Facilities, to be provided by
the Contractor under the Contract; e.g., collection of Owner issued
material from Owner designated places,
transportation and provision of marine or other similar insurance,
inspection, expediting, site preparation Works/Facilities (including the
provision and use of Construction Equipment and the supply offal
construction materials required), installation, testing, precommissioning,
commissioning, operations, maintenance, provision of operations and
maintenance manuals, training, etc.

Mandatory Spares Shall mean Spare parts, which have to be supplied necessarily byte
Contractor and included in the Contract and Contract Price.

Mobilization Shall mean transporting/establishing of sufficiently adequate


infrastructure by the Contractor at Site comprising of Erection

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Equipment, aids, tools, tackles including setting of site offices with


Works/Facilities such as power, water, communication, conveyance etc.
establishing manpower organization comprising of Construction
Manager, Engineers, supervising personnel and an adequate
strength of skilled, semi-skilled and unskilled workers, who, with the so
established infrastructure shall be in a position to commence execution
of work at Site(s), in accordance with the agreed quality and HSE
(Health, Safety and Environment) requirements and complete the same
within the Completion Period.

Month Means calendar month of the Gregorian calendar

Owner / Purchaser Shall mean Citra Real Estate Limited. and shall include its legal
successors in title and permitted assignees as well as its Authorised
Officers / Representatives.

Party or Parties Shall mean Owner or Contractor or both as applicable.

Persons Shall include firms, companies, corporations and other bodies


whether incorporated or not.

Plant and Equipment Shall mean permanent plant, equipment, machinery, apparatus and
things of all kinds to be provided and incorporated in the
Works/Facilities, by the Contractor under the Contract (including the
spare parts to be supplied by the Contractor), but does not include
Construction Equipment.

Pre-commissioning Shall mean the testing, checking and other requirements specified
in the Technical Specifications those are to be carried out by the
Contractor in preparation for Commissioning

Project Manager Shall mean the person appointed by the Owner in the manner provided
in GCC Sub-Clause 31.1 (Project Manager) hereof.

SCC Shall mean the Special Conditions of Contract

Site Shall mean the land and other places upon which the Owner has
legal right to Erect/Construct the Works/Facilities, through any
legitimate means with all possible rights and means to
approach/reach such place or land, and such other land or places
as may be specified in the Contract as forming part of the Site

Specifications Shall mean all referred standards, various technical guidelines,


technical documents, provisions and requirements attached and
referred to in Contract Documents which pertain to the method and
manner of performing the Works/Facilities, to the quantities and
qualities of the Work and the materials to be furnished under the
Contract for the Work, as may be amended/modified/ reinstated
from time to time.

Sub-contractor Shall mean the company or firm to whom any part of the Work has
been sublet by the Contractor with the prior written consent of the
Owner and shall include his successors and permitted assigns.

Sub-vendor Shall mean any supplier from whom the Contractor purchases, with
the prior written consent of the Owner, any item/items required for
the execution of Works under the Contract.

Tests on Completion Shall mean such tests as are prescribed in the Specifications and/or
other tests as mutually agreed upon by the Owner and the Contractor

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to be carried out by the Contractor to prove satisfactory performance of


the Works/Facilities.

Tonne Shall mean 1,000 Kilogram weight


Time for Shall mean the time within which Completion of the
Completion/Commissioning Supply/Works/Facilities as a whole (or of a part of the Works/Facilities
period/Delivery Period where a separate Time for Completion of such part has been
prescribed) is to be attained in accordance with the stipulations in the
SCC and relevant provisions of the Contract.

Writing Shall include any manuscript typed or hand-written or printed


statement, including email and facsimile transmission under or over
signature or seal as the case may be.

1.2 INTERPRETATION OF BID DOCUMENT

1.2.1 General Conditions of Contract, shall be read in conjunction with instructions to Bidders,
Special Conditions of Contract, Technical Specifications, Drawings and other documents
forming part of the Bid Document.

1.2.2 Notwithstanding the sub-division of the Bid Document into sections, every part of each of the
Contract Document shall be deemed to be supplementary to and complementary of each
other.

1.2.3 All headings and marginal notes to the items of the General Conditions or to the
Specifications or to any other document forming part of the Bid Document are solely for the
purpose of giving concise indication of the general subject matter thereof and not a summary
of the contents thereof and they shall never be deemed to be part thereof or be used in the
interpretation or construction thereof.

1.2.4 Where in any provision of the General Conditions is repugnant to or at variance with any
provision of the Special Conditions, then unless a different intention appears, the provisions
of the Special Conditions shall be deemed to override the provisions of the General Conditions
and shall prevail to the extent of such repugnancy or variation.

1.2.5 Wherever it is mentioned in the Bid that the Contractor shall perform certain work or provide
certain facilities, it is understood that the Contractor shall do at his cost and the price shall be
deemed to have included the cost of such performances and provisions so mentioned.

1.2.6 Words incorporating the singular only shall also include the plural and vice-versa where the
context requires.

1.2.7 The materials, designs and workmanship shall satisfy the applicable standards, specifications
contained herein and codes referred to. Where the Bid Document stipulates requirements in
addition to those contained in the standards and codes, those additional requirements shall
also be satisfied.

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2.0 ENTIRE CONTRACT

2.1 The Contract constitutes the entire agreement between the Owner and Contractor
and supersedes all communications, negotiations and agreements (whether written or oral)
of Parties with respect thereto made prior to the Date of Contract, except to the extent any
such communications, negotiations and agreement are specifically made a part of the Contract.

3.0 AMENDMENT TO THE CONTRACT

3.1 No amendment or other variation of the Contract shall be effective unless it is in writing, is
dated, expressly refers to the Contract, and is signed by a duly authorized representative of each
Party hereto.

4.0 INDEPENDENT CONTRACTOR

4.1 The Contractor shall be an independent Contractor performing the Contract. The Contract does
not create any agency, partnership, joint venture or other joint relationship between the parties
hereto.

4.2 Subject to the provisions of the Contract, the Contractor shall be solely responsible for the
manner in which the Contract is performed. All employees, representatives or Sub-contractors
engaged by the Contractor in connection with the performance of the Contract shall be under the
complete control of the Contractor and shall not be deemed to be employees of the Owner, and
nothing contained in the Contract or in any sub-contract awarded by the Contractor shall be
construed to create any contractual relationship between any such employees, representatives or
Sub-contractors and the Owner.

5.0 JOINT VENTURE OR CONSORTIUM

If the Contractor is a Joint Venture or Consortium of two or more firms, all such firms shall be
jointly and severally bound to the Owner for the fulfilment of the provisions of the Contract and
shall designate one of such persons to act as a leader with authority to bind the Joint Venture or
Consortium. The composition or the constitution of the Joint Venture or Consortium shall not be
altered without the prior consent of the Owner.

6.0 INDEPENDENT CONTRACT (S)

The Contract shall be independent of any other contract(s) entered into by the Contractor with
the Owner or with any other associate/ subsidiary/ group company of the Owner and no such
contract is to be used or relied upon for interpreting any provision of this Contract.

7.0 CONTRACT DOCUMENTS

These Contract Conditions together with the Specification, Bid drawings and guaranteed
technical particulars, Bid data with subsequent agreed modification thereof, Bid, all
correspondences with the Owner and Signed Agreement and other supporting documents shall
constitute the Contract Document(s). In case of any conflict or contradiction between the
Contract Documents inter se, the terms of the document bearing a later date shall prevail over
the earlier document. No variation or modification or terms and conditions of the Contract
Documents or waiver of any of these terms and conditions shall be deemed valid unless agreed
in writing and signed by the Owner and the Contractor.

8.0 CROSS FALL BREACH AGREEMENT

8.1 The award of two/three separate Contracts shall be governed with the following cross fall breach
agreement:

8.2 The award of two/three separate Contracts shall not in any way dilute the responsibility of the
Contractor for the successful completion of the Work/Facilities and a breach in one Contract shall

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automatically be construed as a breach of the other Contract which will confer a right on the
Owner to terminate the other Contracts also at the risk and cost of the Contractor.

8.3 It is expressly understood and agreed by and between the Contractor and the Owner that the
Owner is entering into this agreement solely on its own behalf and not on behalf of any other
person / entity / associate company / group company. It is expressly understood and agreed
that the Owner is an independent legal entity with power and authority to enter into contracts
solely on its own behalf under the applicable laws of India and the general principles of laws of
the Contract.

9.0 SYSTEM OF UNITS, DIMENSIONS, MEASURES AND CALIBRATION

All dimensions, measures etc. shall be as per metric and CGS system of units. All instruments
recorders shall also be calibrated in metric and CGS system of units.

10.0 COMPLETION OF CONTRACT

Unless otherwise terminated under the provision of any other relevant clause, this Contract shall
be deemed to have been completed on the expiry of the Defects Liability Period.

11.0 NON-WAIVER

11.1 Any waiver of a partys rights, powers or remedies under the Contract must be in writing, must
be dated and signed by an authorized representative of the party granting such waiver, and
must specify the right and the extent to which it is being waived.

11.2 Subject to above, no relaxation, forbearance, delay or indulgence by either party in enforcing
any of the terms and conditions of the Contract or the granting of time by either party to the
other shall prejudice, affect or restrict the rights of that party under the Contract, nor shall any
waiver by either party of any breach of Contract operate as waiver of any subsequent or
continuing breach of Contract.

12.0 SEVERABILITY

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable,


such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of
another provisions and conditions of the Contract.

13.0 COUNTRY OF ORIGIN

Origin means the place where the materials, equipment and other supplies for the
Works/Facilities are mined, grown, produced or manufactured, and from which, the services are
provided.

14.0 NOTICES

Unless otherwise stated in the Contract, all notices to be given under the Contract shall be in
writing, and shall be sent by either one or more of the means namely personal delivery, airmail
post, special courier, facsimile or e-mail to the address of the relevant party set out in the
Contract, with the following provisions:

14.1 Any notice sent by facsimile/e-mail shall be confirmed within two (2) Days through airmail pastor
special courier, except as otherwise specified in the Contract.

14.2 Any notice sent by airmail post or special courier shall be deemed (in the absence of evidence of
earlier receipt) to have been delivered within three (3) working Days of dispatch excluding the
date of dispatch. In proving the fact of dispatch, it shall be sufficient to show that the envelope

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containing such notice was properly addressed, stamped and conveyed to the postal authorities
or courier service for transmission by airmail or special courier.

14.2.1 Any notice delivered personally or sent by facsimile or EDI shall be deemed to have been
delivered on date of its dispatch.

14.2.2 Either party may change its postal, facsimile or EDI address or addressee for receipt of
such notices by ten (10) Days notice to the other party in writing.

14.3 Notices shall be deemed to include any approvals, consents, instructions, orders and certificates
to be given under the Contract.

15.0 GOVERNING LAW

The Contract shall be interpreted, construed and governed by the Laws of India and Courts
situated at Delhi shall have exclusive jurisdiction in all matters relating to the Contract/ for the
purpose of action and proceedings arising out of the Contract.

16.0 COMPLIANCE WITH LAWS

16.1 The Contractor shall abide by all prevailing Laws of India including but not limited to the
following:

16.1.1 Contract Labour (Regulation & Abolition) Act, 1970.


16.1.2 Payment of Wages Act, 1936.
16.1.3 Minimum Wages Act, 1948.
16.1.4 Owners Liability Act
16.1.5 Apprentices Act.
16.1.6 Workmens Compensation Act, 1923.
16.1.7 Industrial Dispute Act.
16.1.8 Environment Protection Act
16.1.9 Maritime Act
16.1.10 Employees Provident Funds & M.P. Act, 1952.
16.1.11 Employees State Insurance Act, 1948.
16.1.12 Payment of Bonus Act, 1965.
16.1.13 The Equal Remuneration Act, 1976.
16.1.14 Service Tax Act
16.1.15 Indian Explosive Act, 1884
16.1.16 Indian Factory Act, 1948
16.1.17 Indian Electricity Act & Rules.
16.1.18 Any other Statute, Act, Law as may be applicable.

17.0 SCOPE OF WORKS/FACILITIES

17.1 Unless otherwise expressly limited in the Tender Documents, the Contractors obligations shall
cover the provision of Supply of all the Plant and Equipment and the Performance of all
Installation Services required including design, manufacturing including procurement, quality
assurance, transportation, storage, construction, installation, associated civil Works/Facilities, Pre-
commissioning and Commissioning of the Facilities in accordance with the plans,
procedures, specifications, drawings, codes and any other documents as specified in the Tender
Documents.

17.2 The scope of Work/Facilities shall include, but are not limited to, the provision of supervision and
engineering services, supply of labour, materials, equipment, consumables, accessories;
Construction Equipment; construction utilities and supplies; temporary materials, structures and
facilities; transportation (including, without limitation, unloading and hauling to, from and at the

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Site) and storage at Site (except for those supplies, Works/Facilities and services that will be
provided or performed by the Owner under the Contract).

17.3 The Contractor shall, unless specifically excluded in the Contract, perform all such work and/or
supply all such items and materials not specifically mentioned in the Contract but that can be
reasonably inferred from the Contract as being required for attaining Completion of the Facilities
as if such work and/or items and materials were expressly mentioned in the Contract.

17.4 The Equipment shall be complete in every respect with all mountings, fitting, fixtures, and
standard accessories normally supplied with such equipment even though not specifically
detailed in the specification unless included in the list of excluded items. The Contractor shallot
be eligible for any extra payment in respect of such mountings, fittings, fixtures and standard
accessories etc. which are needed for the safe operation of the Works / Facilities as required by
applicable Codes as per Contract, though they may not have been included specifically in the
Contract.

17.5 In addition to the supply of Mandatory and Recommended Spare Parts included in the Contract,
the Contractor agrees to supply consumables and Commissioning Spares required
upto commissioning of the Works/Facilities at his own cost and expense.

18.0 DELIVERY AND TIME FOR COMPLETION

The Bidder shall clearly state the Delivery/Commissioning schedule of the Works/Facilities in the
respective clauses of SCC which shall be mutually discussed and agreed and will be indicated in
the Contract.

19.0 CONTRACTORS OBLIGATIONS

19.1 The Contractor shall design, manufacture (including associated purchases and/or
Sub contracting), install and complete the Works/Facilities with due care and diligence
in accordance with the Contract.

19.2 The Contractor confirms that he has entered into the Contract on the basis of a proper
examination of the data relating to the Works/Facilities provided by the Owner, and on the basis
of information that the Contractor could have obtained from the inspection of the Site and of
other data readily available to him relating to the Works/Facilities prior to his bid submission.

The Contractor acknowledges that any failure to acquaint himself with all such data and
information shall not relieve him from the responsibility for properly estimating the cost for
successful performance of the Works / Facilities.

19.3 The Contractor shall acquire in his name all permits, approvals and/or licenses from all local,
stator national government authorities or public service undertakings that are necessary for the
performance of the Contract, including, without limitation, visas for the Contractors and
Subcontractors expatriate/ personnel and entry permits for all imported items, if any. The
Contractor shall acquire all other permits, approvals and/or licenses that are not the
responsibility of the Owner under GCC Sub-Clause 19.2 hereof and that are necessary for the
performance of the Contract.

19.4 The Contractor shall comply with all laws in force from time to time where the Works/Facilities
are to be provided and where the providing & carrying out Works/Facilities are involved. The
laws will include all local, state, national or other laws that affect the performance of the
Contract and bind upon the Contractor. The Contractor shall indemnify and hold harmless the
Owner from and against any and all liabilities, damages, claims, fines, penalties and expenses of
whatever nature arising or resulting from the violation of such laws by the Contractor or its
personnel, including his Subcontractors and their personnel.

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19.5 The Contractor shall be responsible for (I) providing necessary residential accommodation for his
and his Sub-contractors employees (if any), staff, workers etc. (ii) construction of necessary
office accommodation, with all storage of Works/Facilities; (iii) construction of temporary roads,
lighting, sanitary, kitchen etc. for performing his obligations.

19.6 As Built Drawings: The Contractor shall prepare(if any), and keep up-to-date, a complete set of
as built records of the execution of the Works/Facilities, showing the exact as-built location,
sizes and details of the Work as executed and submit them to the Owner for review/approval.
Incise comments are conveyed to the contractor by Owner, then Contractor shall submit the
revised documents incorporating the comments for Owners approval. The Contractor shall
obtain the consent of the Owner as to their size, the referencing system, and other relevant
details.

These records shall be kept at Site and shall be used exclusively for the performance of
Works/Facilities. Two copies along with Soft Copies in CDs in the appropriate software shall be
supplied to the Owner, prior to the date of completion as per Contract.

20.0 CO-OPERATION WITH OTHER CONTRACTORS AND CONSULTING ENGINEER

20.1 The Contractor shall fully co-operate with the Owners other contractors and with Consulting
Engineer, however, no exchange of information/documents will occur between the Contractor
and the Owners other contractors and Consulting Engineer.

20.2 If any part of the Contractors work depends upon the work of any other contractor, the
Contractor shall inspect and promptly report in writing to the Owner any defect in such Works.
His failure to do so shall constitute an acceptance of other contractors work and no claim or
extension of time is this regard shall be entertained by the Owner.

21.0 OWNERS OBLIGATIONS

21.1 The Owner shall be responsible for providing physical possession of the Site and access ,
to the Contractor.

21.2 If requested by the Contractor, the Owner shall use its best endeavours to assist the Contractor
in obtaining permits, approvals and/or licenses necessary forth execution of the Contract from
local, state or national government authorities. However this will not absolve the contractor from
the responsibly to perform its obligation to complete the project within the stipulated time an d
primary responsibility for obtaining permits / approval shall remain with Contractor.

22.0 TERMS OF PAYMENT

22.1 The Contract Price shall be paid as specified in SCC and / or in the Contract. The procedures
to be followed in making application for and processing payments shall be those outlined in SCC
and/ or in the Contract.

22.2 No payment made by the Owner herein shall be deemed to constitute acceptance by the Owner
of the Works/Facilities or any part(s) thereof.

22.3 The currency or currencies in which payments are made to the Contractor under this Contract
shall be specified in the Contract, subject to the general principle that payments will be made in
the currency or currencies in which the Contract Price has been stated in the Contractors bid
and incorporated in the Contract.

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23.0 TAXES AND DUTIES

23.1 The Contract Price quoted shall be inclusive of all the taxes and duties. However bidder to submit the
value of all applicable taxes & duties separately in as the per Price Schedule.

23.2 If there is a delay in Delivery/Commissioning on account of the Contractor and if there is any
Statutory increase in Duties / Taxes / Levies during the period of delay, in such case the
difference shall be in account of the Contractor.

23.3 As regards Indian Income Tax, Surcharge of Income Tax, Withholding Tax or any other
Corporate Tax, the Owner shall not bear any Tax liability whatsoever irrespective of the mode of
contracting. The Contractor shall be liable and responsible for payment of all such Taxes, if
attracted under the provisions of law. The Owner shall however deduct applicable Tax at sources
per law from all payments to be made to the Contractor and the Owner will issue the
TDS certificates for the same to the Contractor.

23.4 The Contractor shall consider all taxes/duties benefits available to the project under Indian
Taxation Laws and/ or Foreign Trade Policy pursuant to the Foreign Trade Policy, including but
not limited to deemed export benefits. Contractor will be solely entitled to all the incentives,
exemptions and benefits for example deemed export benefits, available under any act .
Contractor need to quote the prices considering these benefits along with break up showing
that all such benefits and incentives are passed on to the owner.

23.5 Contractor shall be liable and pay all non-Indian taxes, duties and levies lawfully assessed
against the Employer or the Contractor in pursuance of the Contract. In addition, the Contractor
shall also be responsible for payment of all Indian duties, levies and taxes lawfully assessed
against the Contractor.

23.6 All exemptions duty & taxes applicable to Solar Project must be availed by contractor and
necessary documents shall be made available by owner. Once Employer / Owner provides the
said certificate, it is the responsibility of the Contractor to get exemption/ refund of Excise duties
and/ or Customs Duty levied on items supplied by the Contractor/their sub-vendor on this
account from Govt. of India. The Contractor will inform to Employer the date by which they
require the said certificate from Employer. In this regard, all the Bidders are requested to go
through Notifications and subsequent notifications / amendments issued from time to time by
Central Excise, Customs and State VAT along with Chapter 4, 7 etc. of Foreign Trade Policy
(2015 to 2020 ), Ministry of Commerce & Industry, Govt. of India and
subsequent notifications/amendments issued from time to time.

23.7 The Owner will issue 2/3 separate contract to Contractor for supply, services and civil works and
all the contracts shall be independent contracts.

24.0 SECURITIES

The Contractor shall provide the Securities specified below in favour of the Owner at the times,
and in the amount, manner and form specified below:

24.1 Security for the Performance of the Contract

24.1.1 The successful Bidder shall furnish a Security for the performance of contract of
equivalent to 10(ten) percent of the total value of the Contract for the faithful
Performance of the Contract. The Security Deposit shall be remitted in the form of a Bank
Guarantee (in Owners prescribed format) obtained from a Scheduled /Nationalized Bank
(except co-operative banks) in India or branch of an International bank to be accepted by
the Owner situated in India and registered with the Reserve Bank of India as scheduled
foreign bank drawn in favour Owner at New Delhi.

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24.1.2 The Performance Security shall be furnished within 15 days from the date of issue of
Orders.

24.1.3 The Performance Security shall be valid till Delivery/Completion/Commissioning of the


Works/Facilities with a claim period of 6 0 days beyond validity. In case any extension
is granted to the Contract, the validity of the Contract Performance Bank Guarantee
(CPBG) shall be extended accordingly.

24.1.4 The CPBG will be forfeited if the Work is abandoned before Delivery /Completion/
commissioning of Works/Facilities as specified in the Contract.

24.2 Advance Payment Security.

The Contractor under conditions of availing the Advance Payment shall furnish a Bank
Guarantee (in Owners prescribed format) against the amount of Advance Payment issued by any
Nationalised/Scheduled Bank (except co-operative banks) or a branch of an International bank
tube accepted by the Owner situated in India and registered with the Reserve Bank of India as
scheduled foreign bank and which shall be valid up to Delivery (in case of Supply
Contract)/Completion (in case of Services Contract) / Commissioning (in case of Services
Contract) of the subject Works/Facilities with a claim period of 60 days beyond validity.

24.3 Performance Security

Upon Completion/Commissioning of the Works/Facilities, the Contractor shall furnish


performance Bank Guarantee (PBG) issued by any Nationalised/Scheduled Bank (except
cooperative banks) or a branch of an International bank to be accepted by the Owner situated in
India and registered with the Reserve Bank of India as scheduled foreign bank equivalent to
10%(Ten per cent) of the Contract Price of the Works/Facilities along with the Final Bill having
validity till the end of the Defect Liability Period with a claim period of 60 days beyond validity.

24.4 Where any provisions of SCC contradicts the above provisions in respect of securities, those
contained in the SCC shall govern.

25.0 CONTRACT PRICE

The Contract Price shall be as specified in the Contract. Unless indicated otherwise in the SCC or
in the Contract, the Contract Price shall be firm and not subject to any alteration, except in the
event of a Change in the Works/Facilities or as otherwise provided in the Contract.

26.0 ACCEPTANCE OF THE ORDERS

The acceptance of the Orders shall be conveyed to the Owner within seven (7) days of the
receipt of the Order failing which it will be presumed that the Contractor has accepted the terms
and conditions incorporated in the Orders.

27.0 REPEAT ORDER/CONTRACT

The Owner reserves the right to place repeat Order / Contract of Works/Facilities or a part of
Order/Contract of Works/Facilities of similar specifications up to one year from the date of
signing of Contract / Date of release of Orders for the Owners project at the same price and
terms & conditions agreed in this Contract provided the scope, layout, technical specifications
and Site conditions (Including seismic zone) are similar to this Contract. In case of any change
on account of scope, layout, technical specifications, Site conditions (Including seismic zone), the
variation in Contract Price on this account shall be mutually discussed and agreed between the
Owner and the Contractor.

28.0 REGISTRATION OF THE CONTRACT WITH STATUTORY AUTHORITIES (Applicable for


Foreign Bidders)

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Within 30 Days of the signing of the Contract, the Contractor shall register themselves and the
Contract at their own cost with Reserve Bank of India, Income Tax, Sales Tax and such other
statutory authorities, as may be required under the prevailing Laws of India. The Contract Price
shall be deemed to include all costs towards the same. A copy of all documents related to all
such registration shall be submitted to Owner for record.

29.0 CONFIDENTIALITY

29.1 The Contractor cannot, without agreement of the Owner, disclose nor enable third parties to
benefit from the documents drawn up in the course of his obligations under the Contract or
information received from the Owner.

29.2 Further, Contractor is not allowed to publish copy or transmit to third parties the documents
those are transmitted to him by the Owner. The Owner retains the right to claim damages in
thecae where these documents have been used without his written consent. However, these
obligations do not apply to documents for which it can be demonstrated that:

29.2.1 Such documents which were already made public before these were communicated tithe
Contractor or have become public since without any fault or negligence of the Contractor,
or

29.2.2 Such documents were already in his possession without having obtained them directly or
indirectly from the Owner, or

29.2.3 Such documents were obtained from an independent source that had neither direct nor
indirect secrecy commitment to the Owner.

29.3 Regarding the application of this clause, the experts appointed by the Owner shall not be
considered as third parties.

29.4 Any document other than the Contract itself, shall remain the property of the Owner and
shall be returned (all copies) to the Owner on completion of the Contractors performance under
the Contract, if so required by the Owner.

29.5 The provisions of this GCC Clause 29.0 shall survive termination of the Contract, for whatsoever
reason.

29.6 The Contractor shall strictly comply to all such regulations as specified and elucidated above,
from the time of receipt of any information from Owner, written, verbal or in any other mode,
related or not related with this Contract. Non-compliance at any point of time will strictly be
considered as breach of confidence and will lead to non-acceptance of the facilities without any
compensation and / or will attract severe penalty on the Contractor.

30.0 BRIBES, COMMISSION ETC.

Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the
Contractor or his partners agent or servant or any one on his or on their behalf, to any officer,
servant, representative or agents of the Owner or any person on his or their behalf, in relation
tithe obtaining or to the execution of this or any other Contract with the Owner, shall in addition
tony criminal liability which he may incur, subject the Contractor to the cancellation of this and
all other Contracts and also to payment of any loss or damages resulting from any such
cancellation to the Owner. The Owner shall then be entitled to deduct the amounts otherwise
due to the Contractor under this or any other Contract. Any question or dispute as to the
commitment of any offence under the present clause shall be settled by the Owner in such
manner and on such evidence or information as he deemed fit and his decision shall be final and
conclusive.

31.0 REPRESENTATIVES OF PARTIES

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31.1 Project Manager

31.1.1 If the Project Manager is not named in the Contract, then within ten (10) Days of the
Effective Date, the Owner shall appoint and notify the Contractor in writing name of the
Project Manager.

The Owner may from time to time appoint some other person as the Project Manager in
place of the person previously so appointed, and shall give a notice of the name of such
other person tithe Contractor without delay. The Project Manager shall represent and act
for the Owner at all times during the currency of the Contract. All notices, instructions,
orders, certificates, approvals and all other communications under the Contract shall be
given by the Project Manager, excepts herein otherwise provided.

31.1.2 All notices, instructions, information and other communications given by the Contractor to
the Owner under the Contract shall be given to the Project Manager, except stated
otherwise.

31.2 Contractors Representative & Construction Manager

31.2.1 If the Contractors Representative is not named in the Contract, then within ten (10) Days
from the Effective Date, the Contractor shall appoint the Contractors Representative and
shall request the Owner in writing to approve the person so appointed. If the Owner
makes no objection tithe appointment within ten (10) Days thereafter, the Contractors
Representative shall be deemed to have been approved. If the Owner objects to the
appointment within ten (10) Days of receiving the request for approval giving the reason,
then the Contractor shall appoint are placement within ten (10) Days of such objection,
and the foregoing provisions of this GCCSub-Clause 31.2.1 shall apply thereto.

31.2.2 The Contractors Representative shall represent and act for the Contractor at all times
during the currency of the Contract and shall give to the Project Manager all the
Contractors notices, instructions, information and all other communications under the
Contract.

31.2.3 All notices, instructions, information and all other communications given by the Owner or
the Project Manager to the Contractor under the Contract shall be given to the
Contractors Representative or, in his absence, his deputy, except stated otherwise.

31.2.4 The Contractor shall not revoke the appointment of the Contractors Representative
without the Owners prior written consent, which shall not be unreasonably withheld. If
the Owner consents thereto, the Contractor shall appoint some other person as the
Contractors Representative, pursuant to the procedure set out in GCC Sub-Clause 31.2.1.

31.2.5 The Contractors Representative may, subject to the approval of the Owner (which shall
not be unreasonably withheld), at any time delegate to any person any of the powers,
functions and authorities vested in him or her. Any such delegation may be revoked at
any time. Any such delegation or revocation shall be subject to a prior notice signed by
the Contractors Representative, and shall specify the powers, functions and authorities
thereby delegated or revoked. No such delegation or revocation shall take effect unless
and until a copy thereof has-been delivered to the Owner and the Project Manager.

31.2.6 Any act or exercise by any person of powers, functions and authorities so delegated to
him other in accordance with this GCC Sub-Clause 31.2.5 shall be deemed to be an act or
exercise byte Contractors Representative.

31.2.7 From the time of preparation for the commencement of providing & carrying out of the
Works/Facilities at the Site and until Completion, the Contractors Representative shall
appoint suitable person as the construction manager (hereinafter referred to as the
Construction Manager). The Construction Manager shall supervise all work done at the
Site by the Contractor and shall be present at the Site throughout normal working hours
except when on leave, sick or absent for reasons connected with the proper performance

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of the Contract. Whenever the Construction Manager is absent from the Site, a suitable
person shall be appointed to act as his or her deputy.

31.2.8 The Owner may by notice to the Contractor object to any representative or person
employed byte Contractor in the execution of the Contract who, in the reasonable opinion
of the Owner, behaves inappropriately, is incompetent or negligent and/or may commit a
serious breach of the Site regulations provided under GCC Sub-Clause 38.4 The Owner
shall provide evidence of the same, whereupon the Contractor shall remove such person
from the Works/Facilities.

31.2.9 If any representative or person employed by the Contractor is removed in accordance with
GCCSub-Clause 31.2.8, the Contractor shall, where required, promptly appoint a
replacement.

32.0 WORK PROGRAM

32.1 Contractors Organisation

The Contractor shall submit to the Owner and the Project Manager a chart showing the proposed
organization to be established by the Contractor for carrying out work on the Works/Facilities.
The chart shall include the identities of the key personnel together with the curricula vitae of
such key personnel to be employed within five (5) Days of the Effective Date. The Contractor
shall promptly inform the Owner and the Project Manager in writing of any revision or alteration
of such an organization chart.

32.2 Program of Performance

Within ten (10) Days from the Effective Date, the Contractor shall prepare and submit to the
Project Manager a detailed program of performance of the Contract, made in Primavera Software
package and showing the sequence in which he proposes to schedule, program and Completion
of activities till the completion of Contract, as well as the date by which the Contractor
reasonably requires that the Owner shall have fulfilled its obligations under the Contract so as
tenable the Contractor to execute the Contract in accordance with the program and to achieve
Completion, Commissioning and Acceptance of the Works/Facilities in accordance with the
Contract. The program so submitted by the Contractor shall be in accordance with the Time of
Completion specified in SCC and/or included in the Contract and any other dates and periods
specified in the Contract. The Contractor shall update and revise the program as and when
appropriate or when required by the Project Manager, but without modification in the Time for
Completion given in the SCC and any extension granted pursuant to GCC Clause 59.0, and shall
submit all such revisions to the Project Manager.

32.3 Progress Report

The Contractor shall monitor progress of all the activities specified in the program referred to in
GCC Sub-Clause 32.2 above and submit a progress report to the Project Manager on daily,
Weekly and Monthly bases. The progress report shall be in a form acceptable to the Project
Manager and shall primarily indicate:

32.3.1 Monthly Report: A copy of the schedule showing actual progress for that month and
commence to date progress against planned progress for monthly and commence to date.
Percentage completion achieved compared with the planned percentage completion for
each activity; and where any activity is behind the schedule, giving comments and likely
consequences and stating the corrective action being taken.

32.3.2 Weekly Report: A rolling four week schedule showing one week actual progress and three-
week look-ahead forecast. Variation from approved schedule and plans shall be noted and
rationalised.

32.3.3 Daily Report: As per the format approved by the Project Manager.

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32.3.4 The Contractor shall furnish three (3) prints each of progress photographs of the work
done in his shop. Photographs shall be approximately 8 x 10 inches in size, including
margin on one of the 10-inch sides for binding. Adequate number of Photographs shall be
submitted indicating various stages of manufacture. Each photograph shall contain the
date, the name of the Contractor and the title of the view taken.

32.4 Progress of Performance

If at any time the Contractors actual progress falls behind the program referred to in GCCSub-
Clause 32.2 or it becomes apparent that it will so fall behind, the Contractor shall, at the request
of the Owner or the Project Manager, prepare and submit to the Project Manager a revised
program, taking into account the prevailing circumstances, and shall notify the Project Manager
of the steps being taken to expedite progress so as to attain Completion of the Works/Facilities
within the Time for Completion under GCC Sub-Clause10.1 subject to the provision of GCC sub-
clause 59.1 or any extended period as may otherwise be agreed upon between the Owner and
the Contractor.

32.5 Work Procedures

The Contract shall be executed in accordance with the Contract Documents and the procedures
given in the Contract. The Contractor may execute the Contract in accordance with his own
standard project execution plans and procedures to the extent that they do not conflict with the
provisions contained in the Contract.

33.0 CONTRACTORS VENDORS/SUPLIERS

33.1 Any material/parts of the Works/Facilities for which origin/makes are identified in the Contract,
the Contractor shall not procure the Works/Facilities or part thereof for incorporation in his
supplies from other Vendors/Suppliers without applying in writing to the Owner for his
examination and getting his prior written approval thereon. Any change in the Vendors/Suppliers
already identified in the Contract shall also be subject to approval by the Owner. If the
Contractor finds it necessary to have Vendors/Suppliers for additional items/materials or to
change the already identified (in the Contract) supplier, the relevant application to the Owner
shall include the experience list of such equipment Vendors and past proven-nests of such
materials/equipment. Any approval by the Owner for any of the Vendors/Suppliers of the
Contractor shall not relieve the Contractor from any obligation, duty or responsibility under the
Contract. The vendors/suppliers name in all the cases shall be approved by the Owner.

33.2 For all components/equipment procured by the Contractor for the purposes of the Contract, the
Contractors purchase specifications and enquiries shall call for quality plans to be submitted by
his vendors/Suppliers along with their proposal. Such quality plans of the successful
vendors/Suppliers shall be discussed and finalised by the contractor in consultation with the
Owner and shall form a part of the purchase order / contract between the Contractor and the
Vendors / Suppliers. Within two (2) weeks of the release of the purchase orders / contracts for
such bought out items / components, a copy of the same without price details but together with
detailed purchase specifications, quality plans and delivery conditions shall be furnished to the
Owner by the Contractor.

34.0 DESIGN AND ENGINEERING

34.1 The Contractor shall submit drawings and documents as per the distribution schedule shown in
Annexure - A. In addition to the hard copies, the Contractor shall also send all
drawings/documents through e-mail as well as deliver a soft copy of all the final
drawings/documents inch.

34.2 The Contractor shall execute the basic and detailed schedule and the engineering work
incompliance with the provisions of the Contract, or where not so specified, in accordance with
good engineering practice.

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34.3 The Contractor shall be responsible for any discrepancies, errors or omissions in the
specifications, drawings and other technical documents that he has prepared, whether such
specifications, drawings and other documents have been approved by the Owner/Project
Manager or not, provided that such discrepancies, errors or omissions are not because of
inaccurate information furnished in writing to the Contractor by or on behalf of the Owner.

34.4 Any work shown on the drawing and not particularly described in the specification shall also be
included by the Contractor in his Bid and the omission either from the drawings or specifications
of any detail of Work necessary and obviously intended shall not relieve the Contractor from
performing such Work.

34.5 Codes and Standards

Wherever references are made in the Contract to codes and standards in accordance with which
the Contract shall be executed, the edition or the Revised Version of such codes and standards
current at the date seven (07) Days prior to date of Bid submission shall apply unless otherwise
specified. During Contract execution, any changes in such codes and standards shall be applied
after approval by the Owner and shall be treated in accordance with GCC Clause 54.0

34.6 Approval/Review of Technical Documents by Project Manager

34.6.1 The Contractor shall prepare (or cause its Subcontractors to prepare) and furnish to the
Project Manager within 15 days from the Effective Date the documents clearly indicating
the List of Documents for Approval or Review or Information. Any part of the
Works/Facilities covered by or related to the documents to be approved by the Project
Manager shall be executed only after the Project Managers approval thereof. GCC Sub-
Clauses 34.3.2 through 34.3.5 shall apply to those documents requiring the Project
Managers approval, but not to those furnished to the Project Manager for its
review/information only.

34.6.2 Within fifteen (15) Days after receipt by the Project Manager of any document requiring
the Project Managers approval in accordance with GCC Sub-Clause 34.3.1, the Project
Manager shall either return one copy thereof to the Contractor with his approval endorsed
thereon or shall notify the Contractor in writing of his disapproval thereof and the reasons
therefore and the modifications that the Project Manager proposes.

34.6.3 If the Project Manager disapproves the document, the Contractor shall modify the
document and resubmit it for the Project Managers approval in accordance with GCC Sub-
Clause 34.3.1. If the Project Manager approves the document subject to modification(s),
the Contractor shall make the required modification(s), whereupon the document shall be
deemed to have been approved.

34.6.4 The Contractor shall not depart from any approved document unless the Contractor has
first submitted to the Project Manager an amended document and obtained the Project
Managers approval thereof, pursuant to the provisions of this GCC Sub-Clause 34.3

34.6.5 If the Project Manager requests any change in any already approved document and/or in
any document based thereon, the provisions of GCC Clause 54.0 shall apply to such
request.

35.0 PROCUREMENT

35.1 Plant and Equipment, Materials

35.1.1 The Contractor shall manufacture or procure and transport all the Plant and Equipment,
materials in an expeditious and orderly manner to the Site.

35.1.2 The time for and date of delivery/Commissioning specified in the Contract shall be
deemed to bathe essence of the Contract and the Works shall have to be completed, not
later than the date (s)specified in the Contract. Should the Contractor fail to

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deliver/Commission the Works/facilities or any part thereof within the specified period, the
Owner shall be entitled at his option:

i) To recover from the Contractor as Liquidated Damages stated this Volume-I.

ii) To source from elsewhere of similar description Works/Facilities after giving due
notice tithe Contractor on his account and risk the Works/Facilities not delivered
without cancelling the Contract for the Works/Facilities not yet due for delivery.

iii) To cancel the Contract or part thereof if so desired and to execute the
Works/Facilities at the risk and cost of the Contractor.

35.1.3 The adjustment in regard to the amount recoverable if any, in terms of cl. 35.1.2 above
shall beamed from the Bank Guarantee (s) as may be available and / or in any other
manner as may be deemed appropriate by the Owner.

35.1.4 Any financial liability i.e. increase in rate of Excise Duty, Sales Tax, Custom Duties, Service
Tax, cost of raw material, freight charges, insurance tariff etc., arising consequent upon
failure of the Contractor to adhere to the stipulated delivery/ Commissioning schedule
shall be to the account of Contractor.

35.2 Owner-Supplied Plant, Equipment, and Materials

35.2.1 If the Contract provides that the Owner shall furnish any specific items of machinery,
equipment or materials to the Contractor, the following provisions shall apply:

a) The Owner shall, at its own risk and expense, transport each item to the place on or
near the Site and make such item available to the Contractor at the time specified in
the program furnished by the Contractor, pursuant to GCC Sub-Clause 32.2, unless
otherwise mutually agreed or specified in the Contract.

b) Upon receipt of such item, the Contractor shall inspect the same visually and notify
the Project Manager of any detected shortage, defect or default. The Owner shall
immediately remedy any shortage, defect or default, or the Contractor shall,
impracticable and possible, at the request of the Owner, remedy such shortage,
defect or default at the Owners cost and expense. After inspection, such item shall
fall under thecae, custody and control of the Contractor. The Contractor shall be fully
responsible for any damages/shortfall of the Owner supplied Plant, Equipment and
Materials once the same is handed over to the Contractor by the Owner. The
Contractor shall replace/make good the shortfall at his own cost and expense.

35.3 Transportation

35.3.1 The Contractor shall at his own risk and cost transport all the Plant and Equipment and
the Construction Equipment and all the required materials to the Site by the mode of
transport that the Contractor judges most suitable under all the circumstances.

35.3.2 Unless otherwise provided in the Contract, the Contractor shall be entitled to select any
safe mode of transport operated by any person to carry the Plant and Equipment and the
Construction Equipment and the materials.

35.3.3 Upon dispatch of each shipment/dispatch of the Plant and Equipment, the Construction
Equipment and the materials, the Contractor shall notify the Owner by facsimile or
Electronic Data Interchange (EDI) of the description of the Plant and Equipment, the
Construction Equipment and the materials, the point and means of dispatch, and the
estimated time and point of arrival in the country where the Site is located, if applicable,
and at the Site. The Contractor shall furnish the Owner with relevant shipping documents
to be agreed upon between the parties.

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35.3.4 The Contractor shall be responsible for obtaining, if necessary, approvals from the
authorities for transportation of the Plant and Equipment and the Construction Equipment
to the Site. The Owner shall use his best endeavours in a timely and expeditious manner
to assist the Contractor in obtaining such approvals, if requested by the Contractor. The
Contractor shall indemnify and hold harmless the Owner from and against any claim for
damage to roads, bridges or any other traffic facilities that may be caused by the
transport of the Plant and Equipment, the Construction Equipment and the materials to
the Site.

35.4 Customs Clearance

The Contractor shall, at his own expense, handle all imported Plant and Equipment, Construction
Equipment and the materials at the point(s) of import and shall handle any formalities for
customs clearance, provided that if applicable laws or regulations require any application or act
to be made by or in the name of the Owner, the Owner shall take all necessary steps to comply
with such laws or regulations.

35.5 Limitation of Liabilities

Except in the case of criminal neglect or wilful misconduct:

a. The Contractor shall not be liable to the Owner, whether in Contract, tort, or otherwise, for
any indirect or consequential loss or damage, provided that this exclusion shall not apply to
any obligation of the Contractor to pay Liquidated Damages to the Owner, and

b. The aggregate liability of the Contractor to the Owner under the Contract shall not exceed
the Contract Price (including taxes & duties), provided that the limitation shall not apply to
any obligation of the Contractor to repair or replace defective Equipment or to indemnify the
Owner with respect to patent infringement.

36.0 QUALITY ASSURANCE/QUALITY CONTROL

36.1 The Contractor shall prepare a detailed quality assurance plan for the execution of Contract for
various Works/Facilities, which will be mutually discussed and agreed to.

36.2 The Contractor shall establish document and maintain an effective quality assurance system
outlined in recognized codes.

36.3 Quality Assurance System Plans / Procedures of the Contractor shall be furnished in the form of
aQA manual. This document should cover detail of the personnel responsible for the Quality
Assurance, plans or procedures to be followed for quality control in respect of said Contract and
subsequent renovation and refurbishment as specified in the Technical Specification. The quality
assurance system should indicate organizational approach for quality assurance and quality
control of the renovation and refurbishment activities, at all stages at the relevant places.

36.4 The Owner, while agreeing to a quality assurance plan shall mark the stages where they would
like to witness the tests; review any or all stages of Work / Facilities at Site as deemed
necessary.

36.5 The Contractor shall follow strictly all QA/QC plans and procedures as approved by Owner for the
subject Works/Facilities. Non-compliance of any such regulation will lead to non-acceptance of
the Works/Facilities and levying of penalty on the Contractor.

37.0 PACKING, FORWARDING AND SHIPMENT

37.1 Foreign Supplier

37.1.1 The Contractor, shall after proper painting, pack and crate all equipment in a manner
suitable for ocean transportation to a tropical, hot climatic region in accordance with the

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internationally accepted export practices and in such a manner so as to protect it from


damage and deterioration in transit by road, rail and/or sea and during storage at the Site
till the time of erection. The Contractor shall be held responsible for all damages due to
improper painting, packing and crating.

37.1.2 If the Contractor has exercised his option to ship the equipment in Containers, then the
Contractor shall use Liners Containers. However, in case the Contractor chooses to use
his own Containers for such shipment, then the Owner shall neither be responsible nor be
liable to bear customs duty levied on import of such Containers and it is expressly
understood and agreed that customs duty levied on such Containers shall be borne by the
Contractor himself.

37.1.3 The Contractor shall notify the Owner of the date of each shipment from the port of
embarkation as well as the expected date of arrival of such shipment at the designated
port of arrival.

37.1.4 The Contractor shall give complete shipping information concerning the weight, size,
content of each package including any other information the Owner may require.

37.1.5 The Contractor shall prepare detailed packing list of all packages and containers, bundles,
materials forming each and every consignment despatched to Site. The Contractor shall
further be responsible for making all necessary arrangement for loading, unloading and
other handling right from his works to and at the Site and also till the equipment are
erected, tested and commissioned. He shall be solely responsible for proper storage,
preservation/conservation and safe custody of all equipments till such time the
equipments are taken over by the Owner.

37.1.6 The following documents shall be airmailed/faxed/sent by courier to the Owner within
three (3)days from the date of shipment:

a. Full set of bills of Lading :- 3 set original


b. Commercial Invoice :- 1 set of original + 3 set of copies of Invoice
c. Certificate of Country of Origin :- 3 copies
d. Test Certificates :- 3 copies
e. Packing list :-3 copies
f. Material despatch clearance certificate (MDCC) issued by the Owner Prior to effective
despatch :- 2 copies
g. Marine Insurance Policy :- 1 Original

37.2 Indian Suppliers

37.2.1 Contractors shall after proper painting, pack, and crate all equipment in such a manner as
to protect them from deterioration and damage during rail and road transportation to the
Site and Storage at Site till the time of erection. The Contractor shall be held responsible
for all damages due to improper painting, packing and crating.

37.2.2 The Contractor shall notify the Owner of the date of despatch of every consignment from
his works and the expected date of arrival at the Site.

37.2.3 The Contractor shall also give all despatch information concerning the weight, size and
content of each package including any other information the Owner may require.

37.2.4 The following documents shall be sent by courier / fax to the Owner within three (3) days
from the date of despatch of each consignment:

a. Invoices : 1 set of original + 2 sets of copies


b. LR/GR/RR : 3 copies

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c. Packing List : 3 copies


d. Test Certificates, wherever applicable : 3 copies
e. Material despatch Clearance Certificate (MDCC) issued by Owner prior to effective
despatch: 3 copies.

38.0 INSTALLATION

38.1 Setting Out/Supervision/Labour

38.1.1 Bench Mark: The Contractor shall be responsible for the true and proper setting-out of the
Works/Facilities in relation to bench marks, reference marks and lines provided to him in
writing by or on behalf of the Owner. If, at any time during the progress of renovation or
refurbishment of the Works/Facilities, any error shall appear in the position, level or
alignment of the Works/Facilities, the Contractor shall forthwith notify the Project Manager
of such error and, at his own expense, immediately rectify such error to the satisfaction of
the Project Manager.

38.1.2 Contractors Supervision: The Contractor shall give or provide all necessary
superintendence during the execution of the Works/Facilities, and the Construction
Manager or its deputy shall be constantly on the Site to provide full-time superintendence
of the Construction. The Contractor shall provide and employ only technical personnel
who are skilled and experienced in the irrespective callings and supervisory staff who are
competent to supervise the work at hand.

38.2 Labour and Labour Laws:

38.2.1 Recruitment of Local: Local labourers shall be engaged for unskilled work to the maximum
extent possible. Preference may also be given for appointment of local labourers in
semiskilled and skilled categories, if such suitable labourers are available.

38.2.2 Labour Laws and Local Regulations: The Contractor shall abide by the prevailing labour
laws and shall have to obtain a labour license from the appropriate authority as per the
law at his cost and shall indemnify the Owner against any financial and other obligation in
connection with labourers employed by him. On obtaining the labour license, the
Contractor, shall submit a certified photocopy of the same to the Owner.

38.2.3 The Contractor shall pay wages and observe hours and conditions of labour not less
favourable than those established for the trade or industry in the district where the work
is carried out. In the absence of any wages, hours or conditions of labour so established,
the Contractor shall pay wages and observe hours and conditions of labour which are not
less favourable than the general level of wages and hours and conditions observed by
other contractors whose general circumstances in the trade or industry in which he is
engaged are similar.

38.2.4 Contractor to furnish details of labour employed: The Contractor shall, if required by the
Owner, deliver to the Owner or to his officer in writing in such form and at such intervals
as the Owner may prescribe, showing in detail classes of labour employed and the
number employed within each class by the Contractor from time to time on the Site and
such information in respect of construction machinery as the Owner may require. The
Contractor shall maintain attendance register for all his employees/labourers and shall
submit a copy of the same to the Owner for his record.

38.2.5 The Contractor shall make his own arrangements for the engagement of all labour and
provide on the Site in so far as the Contract otherwise provides, for the transport,
housing, feeding and payment thereof.

The Contractor shall, so far as is reasonably practical, having regard to local conditions,
provided on the Site, to the satisfaction of the Owner an adequate supply of drinking and
other water for the use of his staff and labour.

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38.2.6 The Contractor shall regularly deposit the Provident Fund amount of all his eligible
employees/labourers and shall submit the challan to Owner for his record. In case, if the
Contractor fails to deposit the same to PF authorities, the Owner may make such
payments and shall recover the same from the Contractor's Bills.

38.2.7 Other Requirements:

a. The Contractor shall not, other than in accordance with the Statutes, Ordinances and
Government Regulation or Orders currently in force, import, sell, give, barter or
otherwise dispose of any alcoholic liquor, or drugs, or permit or suffer any such
importation, sale, gift, barter or disposal by his sub-contractor(s), agents or
employees.

b. The Contractor shall not give, barter or otherwise dispose of to any person or persons
any arms or ammunition of any kind or permit the same as aforesaid.

c. The Contractor shall in all dealings with labour in his employment have a due regard
for all recognised festivals, days of rest and religious or other customs.

d. In the event of any outbreak of illness of an epidemic nature, the Contractor shall
comply with any regulations, orders and requirements as may be made by the
Government, or the local municipal or sanitary authorities for the purpose of dealing
with and overcoming the same.

e. The Contractor shall at all times take all reasonable precautions to prevent any
unlawful, riotous or disorderly conduct by or amongst his employees.

f. The Contractor shall be responsible for observance by his sub-contractor(s) of the


foregoing provisions.
g. The hours of work on the Site shall be decided by the Owner and the Contractor shall
adhere to it.

h. Contractor's employees shall wear identification badge while on work at Site.

i. In case the Owner becomes liable to pay any wages or dues to the labour or any
Government agency under any of the provisions of the Minimum Wages Act,
Workmen Compensation Act, Contact Labour Regulation Abolition Act or any other
law due to act of omission of the Contractor, the Owner may make such payments
and shall recover the same from the Contractor's Bills.

38.3 Construction Equipment

38.3.1 Construction Equipment brought by the Contractor onto the Site shall be deemed to be
intended to be used exclusively for the execution of the Contract. The Contractor shall not
remove the same from the Site without the Project Managers consent that such
Renovation or Refurbishment Equipment is no longer required for the execution of the
Contract. The construction equipment like cranes brought at site shall have a valid Health
Certificate from Statutory Authority.

38.3.2 Unless otherwise specified in the Contract, upon completion of the Works/Facilities, the
Contractor shall remove the Temporary Site installations by the Contractor onto the Site
and any surplus materials remaining thereon.

38.3.3 The Owner will, if requested, use its best endeavours to assist the Contractor in obtaining
any local, state or national government permission required by the Contractor for the
export of the Renovation or Refurbishment Equipment(if any) imported by the Contractor
for use in the execution of the Contract that is no longer required for the execution of the
Contract.

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38.4 Site Regulations and Safety

38.4.1 The Owner and the Contractor shall establish Site regulations setting out the rules
to be observed in the execution of the Contract at the Site and shall comply therewith.
The Contractor shall prepare and submit to the Owner, with a copy to the Project
Manager, proposed Site regulations for the Owners approval, which shall not be
Un reasonably withheld. Such Site regulations shall include, but shall not be limited to,
rules in respect of security, safety of the Works/Facilities, gate control, sanitation, medical
care, and fire prevention. Subsequent to the above, the Contractor shall strictly comply to
the standard Safety norms, rules and regulations during the execution of the Contract.

38.5 Co-operation with Other Contractors

38.5.1 The Contractor shall co-operate with all other contractors of the Owner, who may be
performing other works on behalf of the Owner and the workmen who may be employed
by the Owner and doing work in the vicinity of the Works under the Contract. The
Contractor shall also arrange to perform his work as to minimise, to the maximum extent
possible, interference with the work of other Contractors and their workmen. Any injury or
damage that may be sustained by the employees of the other contractors and the Owner,
due to the Contractor's work shall promptly be made good by the Contractor at his own
expense. The Owner shall determine the resolution of any difference or conflict that may
arise between the Contractor and other contractors or between the Contractor and the
workmen of the Owner in regard to their work. If the work of the Contractor is delayed
because of the any acts of omission of another contractor, the Contractor shall have no
claim against the Owner on that account other than an extension of time for completing
his Works.

38.5.2 The Owner shall be notified promptly by the Contractor of any defects in the other
contractors works that could affect the Contractor's Works. The Owner shall determine
the corrective measures if any, required to rectify this situation after inspection of the
works and such decisions by the Owner shall be binding on the Contractor.

38.6 Emergency Work

38.6.1 If, by reason of an emergency arising in connection with and during the execution of the
Contract, any protective or remedial work is necessary as a matter of urgency to prevent
damage to the Works/Facilities, the Contractor shall immediately carry out such work at
his own cost and expense.

38.6.2 If the Contractor is unable or unwilling to do such work immediately, the Owner may do
or cause such work to be done as the Owner may determine is necessary in order to
prevent damage to the Works/Facilities. In such event the Owner shall, as soon as
practicable after the occurrence of any such emergency, notify the Contractor in writing of
such emergency, the work done and the reasons thereof. If the work done or caused to
be done by the Owner is work that the Contractor was liable to do at his own cost and
expense under the Contract, the reasonable costs incurred by the Owner in connection
therewith shall be paid by the Contractor to the Owner.

38.7 Site Clearance

38.7.1 The Contractor shall without any additional payment at all times keep the working and
storage areas used by him and/or his sub-contractor(s) free from accumulation of waste
materials or rubbish. If the Contractor does not remove these materials within forty-eight
(48) hours, after being requested by the Owner, these will be removed by others and the
cost of the same will be charged to the Contractor.

38.7.2 On completion of erection and construction work, the Contractor shall remove or dispose
of in a satisfactory manner all temporary structures, waste and debris and leave the

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premises in a condition acceptable to the Owner. All surplus earth shall be removed
beyond the Plant area and dumped in a place(s) as directed by the Owner.

38.8 Work at Night and on Holidays

38.8.1 Unless otherwise provided in the Contract, no work shall be carried out during the night
and on Public Holidays of the country where the Site is located without prior written
consent of the Owner, except where work is necessary or required to ensure safety of the
Works/Facilities or for the protection of life, or to prevent loss or damage to property,
when the Contractor shall immediately advise the Project Manager, provided that
provisions of this GCC Sub-Clause 38.7.1shall not apply to any work which is customarily
carried out by rotary or double-shifts.

38.8.2 Notwithstanding GCC Sub-Clauses 38.7.1, if and when the Contractor considers it
necessary to carry out work at night or on public Holidays so as to meet the Time for
Completion and requests the Owners consent thereto, the Owner shall not unreasonably
withhold such consent.

39.0 MATERIALS AND WORKMANSHIP

All Work/Facilities to be supplied and all Works to be done by the Contractor under the Contract
shall be manufactured and executed in the manner stipulated in the Specifications. The
Contractor shall use the best available materials for the Works. These materials shall be new,
free from defects and imperfections and unused.

The highest standards of safety shall be adhered to during execution of the Works.

40.0 SPARE PARTS

40.1 All the spares for the equipment under the Contract will strictly confirm to the specification and
documents and will be identical to the corresponding main equipment/components supplied
under the Contract and shall be fully interchangeable.

40.2 The Contractor will provide the Owner with typical/ identification drawings, catalogues, assembly
drawings and any other document reasonably required by the Owner so as to enable the Owner
to identify the spares. Such details will be furnished to the Owner as soon as possible.

40.3 The Contractor will provide the Owner with all the addresses and particulars of his sub
vendors/Sub-contractors while placing the order on vendors for items/components/ equipment
identified under the Contract. The Contractor will take no action to prevent such vendors from
accepting orders for spares directly from the Owner.

40.4 In addition to the spares identified in the Contract, if the Owner further identifies certain
particular items of spares, the Contractor will submit the prices and delivery quotation for such
spares within 30 days of receipt of such request with a validity period of 6 months for
consideration by the Owner and placement of order for additional spares if Owner so desires.

40.5 The Contractor shall guarantee the long term availability of spares to the Owner for the full life
of the equipment covered under the Contract. The Contractor shall guarantee that before going
out of production of spare parts of the equipment covered under the Contract, he shall give the
Owner at least twelve (12) months advance notice so that the later may order his bulk
requirement of spares, if he so desires. The same provision will also be applicable to
subcontractors. Also, the Contractor/ Sub-contractors will provide the Owner full manufacturing
drawings, material specifications and technical information required by the Owner for the
purpose of manufacture of such items for his own use or to procure such spares from alternate
source.

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40.6 Further in case of discontinuance of supply of spares by the Contractor or his Sub-contractors,
the Contractor will provide the Owner with full information for replacement of such spares with
other equivalent make if so required by the Owner.

40.7 The quality plan and the inspection requirement finalized for the main Work/Facilities will also be
applicable to the corresponding spares.

40.8 Spares covered under the Contract shall be produced and the delivery of the spares will be
effected along with the main Work/Facilities in a phased manner and the delivery would be
completed by the respective dates for the various categories of Work/Facilities as per the agreed
schedule.

40.9 In case the Contractor fails to supply the mandatory or recommended spares in the terms
stipulated above, the Owner shall be entitled to purchase the same from the alternate sources at
the risk and cost of the Contractor and recover from the Contractor, the excess amount paid by
the Owner.

41.0 COMMISSIONING SPARES

41.1 It will be the responsibility of the Contractor to provide all Commissioning spares including
consumable spares like indicating lights/lamps, diodes, fuses recorder charts, ink pads/pens
etc.required up to Commissioning. All Commissioning spares shall be deemed to be included in
the scope of the Contract at no extra cost to the Owner.

41.2 These spares will be received and stored by the Contractor at least 1 month prior to the schedule
date of commencement of trial operation of the respective equipment and utilised as and when
required. The unutilised spares and replaced parts, if any, shall be the property of the Contractor
and he will be allowed to take these parts back at his own cost with the permission of Owner.

42.0 TESTS AND INSPECTION

42.1 The Contractor shall at his own expense carry out at the place of manufacture and/or on the Site
all such tests and/or inspections of the Plant and Equipment and any part of the Facilities as are
specified in the Contract.

42.2 The Owner shall be entitled to attend the aforesaid test and/or inspection, provided that the
Owner shall bear all costs and expenses incurred by himself in connection with such attendance
including, but not limited to, all travelling, boarding and lodging expenses.

42.3 Whenever the Contractor is ready to carry out any such test and/or inspection, the Contractor
shall give fifteen (15) days advance notice of such test and/or inspection and of the place and
time thereof to the Project Manager. The Contractor shall obtain from any relevant third party
any necessary permission or consent to enable the Owner to attend the test and/or inspection.

42.4 The Contractor shall provide the Project Manager with a certified report of the results of any
such test and/or inspection. If the Owner, fails to attend the test and/or inspection, or if it is
agreed between the parties that such persons shall not do so, then the Contractor may proceed
with the test and/or inspection in the absence of such persons, and may provide the Project
Manager with a certified report of the results thereof.

42.5 The Project Manager may request the Contractor to carry out any such test and/or inspection not
specified in the Contract but necessary for satisfactory performance of the Works/facilities.

42.6 If any Plant and Equipment or any part of the Works/Facilities fails to pass any test and/or
inspection, the Contractor shall either rectify or replace such Works/Facilities or part of the
Works/Facilities and shall repeat the test and/or inspection upon giving a notice under GCC Sub-
Clause 42.3

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42.7 If any dispute or difference of opinion shall arise between the parties in connection with or
arising out of the test and/or inspection of the Plant and Equipment or part of the
Works/Facilities that cannot be settled between the parties within a reasonable period of time, it
may be referred to the Project Manager for determination in accordance with GCC Sub-
Clause58.1.

42.8 The Contractor agrees that neither the execution of a test and/or inspection of Works/Facilities
or any part of the Works/Facilities, nor the attendance by the Owner, nor the issue of any test
certificate pursuant to GCC Sub-Clause 42.4, shall relieve the Contractor from Contractors
obligations under the Contract.

42.9 No part of the Works/Facilities or foundations shall be covered up on the Site without the
Contractor carrying out any test and/or inspection required under the Contract to be carried out
prior to such covering. The Contractor shall give a reasonable notice to the Project Manager
whenever any such part of the Works/Facilities or foundations is ready or about to be ready for
test and/or inspection; such test and/or inspection and notice thereof shall be subject to the
requirements of the Contract.

42.10 All Plant and Equipment shall comply with the requirement of type tests and shall be subjected
to the routine tests specified in the set of standards adopted and to such other tests as
stipulated in the respective technical specifications. Manufacturers test certificate shall be
submitted to the Owner for approval prior to despatch of any equipment.

42.11 In all cases where the Contract provides for test, whether at the premises of works of the
Contractor or of any sub-contractor, the Contractor, except where otherwise specified shall
provide free of charge to the Owner, such labour, materials, electricity, fuel, water, stores,
apparatus and instruments as may reasonably be demanded to carry out efficiently such test of
the plant, in accordance with the Contract and shall give facilities to the Owner or his authorised
representative to accomplish such testing.

42.12 The Contractor shall provide without any extra charges, all necessary facilities including
materials, tools, labour and assistance required for carrying out such inspection, testing and
examination. The Contractor shall also furnish the latest calibration certificate of the testing
instruments/equipments used for the testing of the material/equipment/as covered in the
Contract, to the inspecting officer. The testing instruments/ machines should be got calibrated by
the Contractor from time to time from the manufacturer of the testing instruments or any Govt.
recognised testing laboratory. The calibration certificate should not, in any case, be older than
one year at the time of presenting the same to the inspecting officer. In case, however, the
Contractor fails to comply with the conditions as aforesaid, a certificate in writing of the
inspector/ representative of the Owner that the Supplier has failed to provide the facilities shall
be conclusive.

42.13 Unless the inspection is specifically waived, no material shall be despatched without prior
inspection and clearance for despatch by the Owners representative.

42.14 The Owner also reserves the right to get the material/ equipment tested in any recognised
Government Laboratory and claiming any compensation or rejecting the material/equipment, if
not found in accordance with the specification. All charges consequent to such erection and
replacement / rectification shall be borne by the Contractor.

42.15 Acceptance of Plant for Dispatch:

When all tests to be performed in the Contractors or sub-contractors premises under the terms
of this Contract have been successfully carried out and test reports approved, the despatch
instructions will be given by the Owner to the Contractor. Instructions for immediate despatch
will not unreasonably be withheld.

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42.16 The Contractor shall uncover any part of the Works/Facilities or foundations, or shall make
openings in or through the same as the Project Manager may from time to time require at the
Site, and shall reinstate and make good such part or parts.

42.17 If any part of the Works/Facilities or foundations covered up at the Site after compliance with the
requirement of GCC Sub-Clause 42.9 are still required by the Project Manager to be opened out
or uncovered and are found to be executed in accordance with the Contract, the expenses of
uncovering, making openings in or through, reinstating, and making good the same shall be
borne by the Owner, and the Time for Completion shall be reasonably adjusted to the extent
that the Contractor has thereby been delayed or impeded in the performance of any of its
obligations under the Contract.

43.0 ACCEPTANCE TESTS

43.1 In all cases where the Contract provides for tests at the Site, the Contractor, except where
otherwise specified, shall provide free of charge such labour, material, electricity, fuel, water,
apparatus and instruments as may be required from time to time to carryout efficiently such test
of the plant, material or workmanship in accordance with the Contract. In case
equipment/material is not found as per the Contract, all expenses incurred during site testing will
be to the Contractor account and material shall be replaced by Contractor at Site at his own cost
and expense.

43.2 For the purpose of Trial Operation/Commissioning and Performance Guarantee Tests to be
performed by the Contractor, the Owner, as a part of his input, will provide operating personnel
for operation of the Equipment. During such operation, the Owners operating personnel shall be
under the direct supervision of the Contractors/Manufacturers representative. However, the
operating personnel of the Owner shall be required to do only those duties which are normally
assigned to such operational staff. All other required labour shall be arranged by the Contractor.

43.3 The following field inspections and tests will be carried out in the sequence detailed below and
the successful performance and completion of all the tests taken together shall constitute the
Owner Acceptance Tests:

43.3.1 Initial Checking

a) On completion of erection of the equipment and before start-up, each item of the
equipment shall be thoroughly cleaned and then inspected jointly by the Owner and the
Contractor for correctness and completeness of installation and acceptability for start-up
leading to initial pre-commissioning tests at Site. The list of pre -commissioning tests to
be performed shall be as mutually agreed and included in the Contractors quality
assurance programme.

b) The Contractors Commissioning/start-up engineers, specially identified as far as possible,


shall be responsible for carrying out all the pre-commissioning tests at Site.

c) All piping system shall be flushed, steam blown, air blown as required and cleanliness
demonstrated using acceptable industry standards. Procedures to accomplish this work
shall be submitted for approval to the Owner three (3) months prior to the respective
implementations.

d) The time consumed in the inspection and checking of the units shall be considered as a
part of the erection and installation period.

43.3.2 Start-up and Initial Operation

a) On completion of inspection, checking and after the pre-commissioning tests are


satisfactorily over, the complete equipment shall be placed on initial operation during
which period the complete equipment shall be operated integral with sub-systems and

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supporting equipment as a complete plant and necessary adjustments, repairsetc. will be


made.

b) When the equipment is operating properly, its characteristics shall be recorded on the
start-up report sheets.

c) The time consumed in Start-up and Initial operation shall be considered as a part of the
erection and installation period.

d) After the completion of the initial operation, the unit shall be put under Trial Operation.

43.3.3 Trial Operation

During the above trial operation the entire plant including all equipment(s),system(s) and
sub-system(s) shall operate in accordance with their predicted performance without any
problem/ vibration/ noise etc.

43.3.4 Commissioning

After the completion of trial operation, the Work/Facilities covered under the Contract
shall be operated successfully at full load without any problem.

43.3.5 Performance Guarantee Tests

a) The final test as to the performance and guarantees shall be conducted at Site by the
Contractor in presence of the Owner. Such test will be commenced, within a period of
One (1) month after successful completion of Commissioning. Any extension of time
beyond one (1) month shall be mutually agreed upon.

b) These tests shall be binding on both the parties of the Contract to determine compliance
of the equipment with the performance guarantees.

c) Any special equipment, tools and tackles required for the successful completion of the
performance and guarantee tests shall be provided by the Contractor, on loan basis.
However, labour, electricity and water shall be provided by Owner free of cost.

d) In case both the Contractor and the Owner mutually agree for conducting the
Performance Guarantee Tests beyond 1 month from the date of Commissioning of the
Works/Facilities, in such case, the Contractor shall demonstrate the performance taking in
to account the aging of the Works/Facilities (based on the prevailing International codes
and Standards).

43.4 Replacement of Defective Parts & Materials prior to Commissioning

During the period up to successful Commissioning, the Contractor shall replace/rectify


Works/Facilities/part of Works/Facilities which as per the decision of Owner may be defective
and/or deficient in design/quality compared to Standards stipulated in the Specification. The
Contractor shall proceed to carry out such rectification/replacement at his own expenses within
seven (7) days of his receiving the notice from the Owner. In case, the Contractor fails to do so,
the Owner may on giving the Contractor seven (7) days notice in writing of his intentions to do
so, proceed to remove the portion of the Works so complained of and at the risk and cost of the
Contractor, perform all such work or furnish all such Equipments provided that nothing in this
Clause shall be deemed to deprive the Owner of or affect any rights under the Contract which
the Owner may otherwise have in respect of such defects and deficiencies.

43.5 Final Acceptance /Taking Over

Owner will take over the care, custody and control of the Works/Facilities upon successful
Completion of Pwerformance Guarantee Test
and Contractor fulfilling the following obligations:

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a) Achievement of the Completion


b) Operating manuals (if any) are provided
c) Contractor has successfully rectified any shortfall in required performance parameters
d) Liquidated Damages required to be paid under the Contract shall have been paid by the
Contractor,
e) All Contractor and Sub-Contractor supplies, equipment, waste materials, hazardous
materials, rubbish and temporary Works/Facilities shall have been removed from the Site;
followed by the information in writing by the Contractor for Taking Over and on the date
of the letter of such acceptance by Owner that Taking Over has been achieved.

However, such acceptance shall not relieve the Contractor of any of his obligations which
otherwise survive, by the terms and conditions of the Contract after issuance of such certificate.

44.0 INTELLECTUAL PROPERTY RIGHT INDEMNITY

44.1 The Contractor shall indemnify and hold harmless the Owner and its employees and officers from
and against any and all suits, actions or administrative proceedings, claims, demands, losses,
damages, costs, and expenses of whatsoever nature, including attorneys fees and expenses,
which the Owner may suffer as a result of any infringement or alleged infringement of any
patent, utility model, registered design, trademark, copyright or other intellectual property right
registered or otherwise existing.

44.2 If any proceedings are brought or any claim is made against the Owner arising out of the
matters referred to in GCC Sub-Clause 44.1, the Owner shall promptly give the Contractor a
notice thereof, and the Contractor shall at his cost and expense and in the Owners name
conduct such proceedings or claim and any negotiations for the settlement & payment of any
such proceedings or claim.

44.3 If the Contractor fails to notify the Owner within fifteen (15) Days after receipt of such notice
that he intends to conduct any such proceedings or claim, then the Owner shall be free to
conduct/defend the same at the cost and expense of the Contractor.

45.0 TRANSFER OF OWNERSHIP

45.1 Ownership of the Plant and Equipment (including spare parts and tools & tackles) to be imported
into India where the Site is located shall be transferred to the Owner upon loading on to the
mode of transport to be used to convey the Plant and Equipment from the country of Origin.

45.2 Ownership of the Plant and Equipment (including spare parts and tools & tackles) procured
indigenously shall be transferred to the Owner when the Plant and Equipment are brought on to
the Site.

45.3 Ownership of the Construction Equipment used by the Contractor and his Sub-contractors in
connection with the Contract shall remain with the Contractor or his Sub-contractors.

45.4 Notwithstanding the transfer of Ownership of the Plant and Equipment, the responsibility for care
and custody thereof together with the risk of loss or damage thereto shall remain with the
Contractor pursuant to GCC Clause 50.2 hereof until Completion of the Facilities or the part
thereof in which such Plant and Equipment are incorporated.

46.0 PROTECTION AND CARE OF WORKS/FACILITIES

46.1 The Contractor shall in connection with the Works/Facilities provide and maintain at his own cost
all temporary works, lights, guards, fencing and watching when and where necessary or required
by the Owner or by any competent statutory or other authority for the protection of the
Works/Facilities.

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46.2 From the commencement to the completion of the Works/Facilities, the Contractor shall take full
responsibility for the care of the Works/Facilities and of all temporary works. If any damage, loss
or injury happens to the Works/Facilities or to any part thereof or to any temporary work from
any cause whatsoever the Contractor shall at his own cost repair and make good the same so
that at completion the works shall be in good order and condition and in conformity in every
respect with the requirements of the Contract and the Owners written instructions. The
Contractor shall also be liable for any damage to the Works/Facilities caused by him in the
course of any operations he carries out for the purpose of complying with his obligations under
the Contract.

47.0 DEFECT LIABILITY

47.1 The Contractor warrants that the Works/Facilities or any part thereof shall be free from defects
in the design, engineering, materials and workmanship.

47.2 The Defect Liability Period shall be for a period of Five years from the Date of
Commissioning and handing over of the project.

47.3
47.4 If during the Defect Liability Period, any defects are found in the design, engineering, materials
and workmanship of the Plant and Equipment supplied or of the work executed by the
Contractor, the Contractor shall promptly, in consultation and agreement with the Owner
regarding appropriate remedying of the defects, and at his cost, repair, replace or otherwise
make good (as the Contractor shall, at his discretion, determine) such defect as well as any
damage to the Works/Facilities caused by such defect.

47.4.1 The Owner shall give the Contractor a notice stating the nature of any such defect
together with all available evidence thereof. The Owner shall provide reasonable
opportunity to the Contractor to inspect any such defect.

47.4.2 The Owner shall provide to the Contractor necessary access to the Works/Facilities at the
Site to enable the Contractor to perform his obligations.

47.4.3 The Contractor may, with the consent of the Owner, remove from the Site any Plant and
Equipment or any part of the Works/Facilities that are defective and/or any damage to the
Works/Facilities caused by the defect, is such that repairs cannot be expeditiously carried
out at the Site.

47.4.4 If the Contractor fails to commence the work necessary to remedy such defect or any
damage to the Works/Facilities caused by such defect within a reasonable time (which
shall in no event shall be more than fifteen (15) Days), the Owner may, following notice
to the Contractor, proceed to do such work, and the reasonable costs incurred by the
Owner in connection therewith shall be paid to the Owner by the Contractor or may be
deducted by the Owner from any monies due to the Contractor or claimed under the
Performance Security.

47.4.5 If the repair, replacement or making good is of such a character that it may affect the
efficiency of the Works/Facilities or any part thereof, the Owner may give to the
Contractor a notice requiring that tests of the defective part of the Works/Facilities shall
be made by the Contractor immediately upon completion of such remedial work,
whereupon the Contractor shall carry out such tests.

47.4.6 If such part fails the tests, the Contractor shall carry out further repair, replacement or
making good (as the case may be) until that part of the Works/Facilities passes such
tests. The tests shall be agreed upon by the Owner and the Contractor.

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47.4.7 If the Works/Facilities or any part thereof cannot be used by reason of such defect and/or
making good of such defect, the Defect Liability Period of the Works/Facilities or such
part, as the case may be, shall be extended by a period equal to the period during which
the Works/Facilities or such part cannot be used by the Owner because of any of the
aforesaid reasons.

47.4.8 The cost of any special or general overhaul rendered necessary during the Defects
Liability period due to defects in the plant or defective work shall be borne by the
Contractor.

47.4.9 The acceptance of the Work/Facilities, Mandatory & Recommended spares and tools &
tackles by the Owner shall in no way relieve the Contractor of his obligations under this
Clause.

47.4.10 In respect of Works/Facilities supplied by Sub-Contractors to the Contractor where a


longer guarantee is provided by such Sub-Contractors, the Owner shall be entitled to the
benefit of such longer guarantee.

47.4.11 At the end of the Defect Liability Period, the Contractors liability ceases except for Latent
Defects. Latent Defects are inherent defect in design, workmanship or material which
have surfaced after the Defect Liability Period and which could not be found during
normal checking and which may hinder or endanger the normal operation of equipment.
Contractor will make good such defect which shall appear during said period in case such
defect is noticed to Contractor within 30 days after it shall be first noticed by the Owner.

47.4.12 The provision of latent defects as above shall be applicable up to the end of six (6) years
period after the taking over of the Plant by the Owner.

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49.0 DEDUCTION FROM CONTRACT PRICE

49.1 All costs, damages or expenses which the Owner may have paid, for which, under the Contract,
the Contractor is liable, will be claimed by the Owner. All such claims shall be billed by the Owner
to the Contractor regularly as and when they fall due. Such bills shall be supported by
appropriate and certified vouchers or explanations, to enable the Contractor to properly identify
such claims.

Such claims shall be paid by the Contractor within fifteen (15) days of the receipt of the
corresponding bills and if not paid by the Contractor within the said period, the Owner may then
deduct the amount, from any money due or becoming due by him to the Contractor under the
Contract or may be recovered by actions of law or otherwise, if the Contractor fails to satisfy the
Owner of non-payability of such claims by the Contractor.

50.0 INDEMNIFICATION (LOSS OF DAMAGE TO PROPERTY, ACCIDENT/INJURY


TOWORKERS)

50.1 The Contractor shall indemnify and hold harmless the Owner and his employees and officers
from and against any and all suits, actions or administrative proceedings, claims, demands,
losses, damages, costs, and expenses of whatsoever nature, including attorneys fees and
expenses, in respect of the death or injury of any person or loss of or damage to any property,
arising in connection with the construction, renovation and refurbishment of the Works/Facilities
and by reason of the negligence of the Contractor or its Subcontractors, or their employees,
officers or agents.

50.2 If any proceedings are brought or any claim is made against the Owner that might subject the
Contractor to own liability under this GCC Sub-Clauses, the Owner shall promptly give the
Contractor a notice thereof and the Contractor shall at his own expense and in the Owners
name conduct such proceedings or claim and any negotiations for the settlement and payment
of any such proceedings or claim.

50.3 If the Contractor fails to notify the Owner within thirty (30) Days after receipt of such notice that
he intends to conduct any such proceedings or claim, then the Owner shall be free to conduct
the same on his own behalf. The Owner shall make no admission that may be prejudicial to the
defence of any such proceedings or claim.

50.4 The Owner shall, at the Contractors request, afford all reasonable available assistance to the
Contractor in conducting such proceedings or claim.

50.5 Owner shall be reimbursed by the Contractor for all expenses incurred in so doing on behalf of
the Contractor.

51.0 INSURANCE

51.1 To the extent specified in the Contract, the Contractor shall at its expense take out and
maintaining effect, or cause to be taken out and maintained in effect, during the performance of
the Contract, the insurances set forth below, in the sums and with the deductibles and other
conditions, as specified. The identity of the insurers and the form of the policies shall be subject
to the approval of the Owner.

51.1.1 Construction / Erection All Risks Insurance:

i) Construction/ Erection All risks insurance or any such equivalent cover in conjunction with
project Work execution against all risks of loss or damage to the Work for FULLREPLACEMENT
VALUE which includes all SUPPLIES, SPARE PARTS AND MATERIALS including Free Issue
Material (If any) supplied to Contractor and/or its Subcontractors by Owner and which are to
be incorporated into the Work until COMPLETION OF WORK /ISSUANCE OF TAKING OVER
CERTIFICATE as per this Contract.

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ii) Insurance shall be extended to cover defects during the subsequent period of Maintenance for
which the Contractor is liable under the terms of this Contract.

iii) Insurance also be extended to cover removal of debris for minimum indemnity value of INR.2
Crores

iv) Damage to Surrounding property of Owner and additional cost of working resulting from
loss/damage to Works/Facilities for the actual value of loss Lakhs.
v)
vi) Transit insurance for the materials supplied under this Contract shall be in the scope of
Bidder.

51.1.2 Third Party Liability Insurance (Insurance against Personal Injury and Damage to Third-
party Property)

i) The Contractor shall insure against any loss or damage, which may occur to any property
owned by and/or Owner/Third Party and any person (except persons insured under Sub-
Clause 50.2.3 [Insurance for Contractors Personnel], for Death or bodily injury which may
arise before the issue of the Taking Over Certificate, out of or in consequence of Contractors
performance of the Work. Such policy shall include Contractual Liability.

ii) This insurance shall be for a limit per occurrence of not less than the Rupees 5 C r o r e , with
no limit on the number of occurrences and shall be, maintained during the term of the
Contract.

51.1.3 Cross Liability Insurance

i) Any loss or damage to the property of contractor by another contractor/sub-contractor and


vice versa to be covered under the terms of this Insurance.

51.2 Transit Insurance:

51.2.1 The Contractor at his own cost shall arrange, secure and maintain a comprehensive
Transit Insurance policy for transportation of materials/equipment including spares and
tools &tackles including all applicable taxes & duties during transportation up to Site. The
scope of Transit Insurance shall remain in force for an additional period of one month
from the date of arrival of respective consignments at Site.

51.2.2 The Contractor shall be responsible for any damage/ loss to the materials/equipment
including spares and tools & tackles during transportation up to Site.

51.2.3 Any replacement/repairs due to damage/ loss to the materials/equipment including spares
and tools & tackles covered under the Contract during transit shall be carried out by the
Contractor at his own cost and expense. Such replacement/ repairs will be undertaken by
the Contractor irrespective of the lodgement and/ or settlement of such insurance claims.
Consequences of delays in replacement/repairs shall be to Contractors account. As the
transit Insurance Policy of the materials/equipment including spares and tools & tackles is
the sole responsibility of the Contractor, in case of any damage during transit, raising and
settlement of insurance claims including follow up etc with Insurance Company will be the
sole responsibility of the Contractor. The Insurance Claim towards such damage/ loss shall
be settled by the Contractor directly with the Insurance Company and the Contractor shall
name the Owner as the beneficiary of the settlement against all such Insurance claims.

51.2.4 The Contractor shall obtain the policy for Transit Insurance at least three (3) weeks prior
to the dispatch of the first consignment from his/his sub-vendors Plant/Works.

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51.3 Automobile Liability Insurance

51.3.1 Covering use of all vehicles used by the Contractor or his Sub-Contractors (whether or not
owned by them) in connection with the execution of the Contract. All vehicles to comply
the provisions of Motor vehicle Act and the Owner in no case shall be liable for
noncompliance of such statutory provisions by the Contractor.

51.4 Workmen Compensation

51.4.1 The Contractor shall effect and maintain insurance against liability for claims, damages,
losses and expenses (including legal fees and expenses) arising from injury, sickness,
disease or death of any person employed by the Contractor or any other of the
Contractors Personnel.

51.4.2 The insurance shall be maintained in full force and effect during the whole time that these
personnel are assisting in the execution of the Works/Facilities. For a Subcontractors
employees, the insurance may be effected by the Sub-contractor, but the Contractor shall
be responsible for compliance with this Clause. In no case, Owner shall be responsible or
liable for compensation to any personnel engaged by the Contractor or his Sub-contractor.
Owner shall have the right to recover/adjust the amount of compensation, if paid by him
due to failure of the Contractor to comply the conditions under the Workmen
Compensation Act from all current and future amounts due to the Contractor.

51.5 Insurance for Contractors Equipment

51.5.1 The Contractor shall insure the Contractors Equipment including furniture, fixtures and all
other his/his Sub-contractors property for not less than the full reinstatement cost
including the costs of demolition and removal of debris. This insurance shall be effective
prior to Site establishment and up to the Taking Over of the Works/Facilities by the
Owner.

51.5.2 The Contractor shall maintain this insurance to provide cover up to the Taking Over of the
Works/Facilities by the Owner, for loss or damage to the Contractors Equipment including
third party liability against all Risks including natural catastrophe, arising from a cause
occurring prior to the Taking-Over of Works/Facilities by the Owner, and for loss or
damage cause by the Contractor or his Sub-Contractors.

51.6 Other Insurances

Any other insurance as may be specifically stated in SCC and/or in the Contract.

51.6.1 The Owner shall be named as co-insured under the Transit insurance policy obtained by
the Contractor pursuant to GCC Sub-Clause 50.2 and the Contractors Sub-contractors
shall be named as co-insured under all other insurance policies obtained by the Contractor
pursuant to this GCC Sub-Clauses. All Insurers rights of subrogation against such co-
insured for losses or claims arising out of the performance of the Contract shall be waived
under such policies.

51.6.2 The Contractor shall deliver to the Owner certificates of insurance (or copies of the
insurance policies) as evidence that the required policies are in full force and effect. The
certificates shall provide that not less than fifteen (15) Days notice shall be given to the
Owner by all the insurers prior to cancellation or material modification of a policy.

51.6.3 The Contractor shall ensure that, where applicable, his Subcontractor(s) shall obtain and
maintain in effect adequate insurance policies for their personnel and vehicles and for
work executed by them under the Contract, unless such Subcontractors are covered by
the policies obtained and maintained by the Contractor.

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51.6.4 If the Contractor fails to effect and keep in force any of the insurances it is required to
effect and maintain under the Contract, or fails to provide satisfactory evidence and
copies of polices in accordance with this Sub-Clause, the Owner may (at his option and
without prejudice to any other right or remedy) effect insurance for the relevant coverage
and pay the premiums due. The Owner under such circumstances shall be entitled for
reimbursement from Contractor for double the amount of premiums paid and the Contract
Price shall be adjusted accordingly. Nothing in this Clause limits the obligations, liabilities
or responsibilities of the Contractor under the other terms of the Contract or otherwise.
Any amount not insured or not recovered from the insurers shall be borne by the
Contractor in accordance with these obligations, liabilities or responsibilities.

51.6.5 Unless otherwise provided in the Contract, the Contractor shall prepare and conduct all
and any claims made under the policies effected by it pursuant to this GCC Clauses, and
all monies payable by any insurers shall be paid to the Owner as Loss Payee. The Owner
shall give to the Contractor all such reasonable assistance as may be required by the
Contractor with respect to insurance claims in which the Owners interest is involved, the
Contractor shall not give any release or make any compromise with the insurer without
the prior written consent of the Owner.

51.6.6 All deductibles, exceptions and exclusions applicable to the Insurance covers shall be for
the account of and be paid by the Contractor. Any breach of conditions and/or warranties
of the insurance policies by Contractor and/or his Sub-Contractor shall also be to the
account of the Contractor.

51.6.7 Contractor shall furnish to the Owner, cover notes / Insurance Policies from Contractors
insurance underwriters evidencing the insurance coverage required by this clause
including evidence of premium payments thereof.

51.6.8 No insurance shall be CANCELLED without written permission from the Owner. If such
insurance is cancelled, the Contractor shall be responsible for all its consequences and the
Owner can obtain the insurance on behalf of and at the cost of the Contractor to protect
his interest.

51.7 CHANGE IN LAWS AND REGULATIONS

51.7.1 If, after the Effective Date, there are any changes in the existing laws or new laws,
ordinances, statutes, rules, regulations, orders or decrees (but excluding changes to tax
laws where such taxes are based upon Contractors inventory, income, profits/losses or
cost of finance) which were not known or foreseeable and become effective after the
Effective Date and have direct impact on Contract Price, in such an event, the Contract
Price shall be correspondingly increased or decreased.

51.7.2 If the rate of duties and Taxes or Service Tax on Works / Facilities supplied/services
rendered undergoes any revision during Delivery / Commissioning Period of the Contract,
the same shall be allowed as Statutory Variation and will be reimbursed by the Owner. If
the variation takes place after the due date of Delivery/Commissioning specified in the
Contract, the same shall not be allowed even if delayed supplies are accepted by the
Owner.

51.7.3 If due to enactment of such Change in Law, Contractor is entitled for additional amount,
the same shall be paid against a claim supported by documentary evidence by
theContractor.If due to enactment of such Change in Law, Owner is entitled to recover
the amount, same shall be recovered from Contractor.

52.0 FORCE MAJEURE

52.1 Force Majeure shall mean any event beyond the reasonable control of the Owner or of the
Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable care
of the party affected, and shall include, without limitation, the following:

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52.1.1 War, hostilities or warlike operations (whether a state of war be declared or not),invasion,
act of foreign enemy and civil war.

52.1.2 Earthquake, volcanic activity, fire, flood or inundation, tidal wave, typhoon or cyclone,
hurricane, storm, lightning, or nuclear or other natural disaster.

52.2 If either party is prevented, hindered or delayed from or in performing any of its obligations
under the Contract by an event of Force Majeure, then it shall notify the other in writing of the
occurrence of such event and the circumstances thereof within seven (07) Days of the
occurrence of such event.

52.3 The party who has given such notice shall be excused from the performance or punctual
performance of its obligations under the Contract for so long as the relevant event of Force
Majeure continues and to the extent that such partys performance is prevented, hindered or
delayed. The Time for Completion shall be extended in accordance with GCC Clause 59.0.

52.4 The party or parties affected by the event of Force Majeure shall use reasonable efforts to
mitigate the effect thereof upon its or their performance of the Contract and to fulfil its or their
obligations under the Contract, but without prejudice to either partys right to terminate the
Contract under GCC Sub-Clauses 52.6 and 53.3.

52.5 Delay or non-performance by either party hereto caused by the occurrence of any event of Force
Majeure shall not

a. Constitute a default or breach of the Contract


b. Give rise to any claim for damages or additional cost or expense occasioned thereby
subject to GCC Sub-Clause 52.2.

52.6 If the performance of the Contract is substantially prevented, hindered or delayed for a single
period of more than one hundred and twenty (120) Days or an aggregate period of more than
two hundred and forty (240) Days or 50% of the Time for Completion, whichever occurs earlier,
on account of one or more events of Force Majeure during the currency of the Contract, the
parties will attempt to develop a mutually satisfactory solution, failing which either party may
terminate the Contract by giving a notice to the other, but without prejudice to either partys
right to terminate the Contract under GCC Sub-Clause 53.3.

52.7 In the event of termination pursuant to GCC Sub-Clause 52.6, the rights and obligations of the
Owner and the Contractor shall be as specified in GCC Sub-Clauses 60.1.1 and 60.1.3.

52.8 Notwithstanding GCC Sub-Clause 0, Force Majeure shall not apply to any obligation of the Owner
to make undisputed due payments to the Contractor herein unless such payment is not hindered
by the reason of Force Majeure.

53.0 WAR RISKS

53.1 War Risks shall mean any event specified in GCC Sub-Clauses 52.1.1 and any explosion or
impact of any mine, bomb, shell, grenade or other projectile, missile, munitions or explosive of
war, occurring or existing in India.

53.2 Notwithstanding anything contained in the Contract, the Contractor shall have no liability
whatsoever for or with respect to

53.2.1 Destruction of or damage to Works/Facilities, Plant and Equipment, or any part thereof
53.2.2 Destruction of or damage to property of the Owner or any third party
53.2.3 Injury or loss of life

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53.3 If during the performance of the Contract any War Risks shall occur that financially or otherwise
materially affect the execution of the Contract by the Contractor, the Contractor shall use its
reasonable efforts to execute the Contract with due and proper consideration given to the safety
of its and its Subcontractors personnel engaged in the work on the Works/Facilities, provided,
however, that if the execution of the work on the Works/Facilities becomes impossible or is
substantially prevented for a single period of more than one hundred and twenty (120) Days or
an aggregate period of more than two hundred and forty(240) Days or 50% of Time for
Completion, whichever occurs earlier, on account of any War Risks, the parties will attempt to
develop a mutually satisfactory solution, failing which either party may terminate the Contract by
giving a notice to the other.

53.4 In the event of termination pursuant to GCC Sub-Clauses 53.3, the rights and obligations of the
Owner and the Contractor shall be specified in GCC Sub-Clauses 60.1.1 and 60.1.3.

54.0 CHANGES IN THE WORKS/FACILITIES

54.1 Introducing a Change

54.1.1 Subject to GCC Sub-Clauses 54.2.4 and 54.2.7 the Owner shall have the right to propose,
and subsequently require, that the Project Manager order the Contractor from time to
time during the performance of the Contract to make any change, modification, addition
or deletion to, in or from the Works/Facilities (hereinafter called Change),provided that
such Change falls within the general scope of the Works/Facilities and does not constitute
unrelated work and that it is technically practicable, taking into account both the state of
advancement of the Works/Facilities and the technical compatibility of the Change
envisaged with the nature of the Works/Facilities as specified in the Contract.

54.1.2 The Contractor may during his performance of the Contract propose to the Owner (with a
copy to the Project Manager) any Change that the Contractor considers necessary or
desirable to improve the quality, efficiency or safety of the Works/Facilities. The Owner
may at his discretion approve or reject any Change proposed by the Contractor.

54.1.3 Notwithstanding GCC Sub-Clauses 54.1.1 and 54.1.2 any change made necessary because
of any default of the Contractor in the performance of its obligations under the Contract
shall be deemed to be a no Change, and such Change shall not result in any adjustment
of the Contract Price or the Time for Completion.

54.2 Changes Originating from Owner.

54.2.1 If the Owner proposes a Change pursuant to GCC Sub-Clause 54.1.1, it shall send to the
Contractor a Request for Change Proposal, requiring the Contractor to prepare and
furnish to the Project Manager as soon as reasonably practicable a Change Proposal,
which shall include the following:

a) Brief description of the Change


b) Effect on the Time for Completion
c) Estimated cost of the Change with complete cost and split analysis
d) Effect on Guarantees (if any)
e) Effect on any other provisions of the Contract.

54.2.2 Upon receipt of the Owners instruction to proceed as per the GCC Sub-Clause mentioned
above, the Contractor shall, with proper expedition, proceed with the preparation of the
Change Proposal, in accordance with GCC Sub-Clause 54.2.1.

54.2.3 The pricing of any Change shall be calculated in accordance with the rates and prices
included in the Contract. If such rates and prices are not included, the parties thereto
shall agree on specific rates for the valuation of the Change.

54.2.4 Upon receipt of the Change Proposal, the Owner and the Contractor shall mutually agree
upon all matters therein contained. Within fifteen (15) Days after such agreement, the

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Owner shall, if it intends to proceed with the Change, issue the Contractor with a Change
Order.

54.2.5 If the Owner is unable to reach a decision within fifteen (15) Days, it shall notify the
Contractor with details of when the Contractor can expect a decision.
54.2.6 If the Owner decides not to proceed with the Change for whatever reason, it shall, within
the said period of fifteen (15) Days or such extended time pursuant to GCC Sub-Clause
mentioned above , notify the Contractor accordingly.

54.3 If the Owner and the Contractor cannot reach agreement on the price for the Change, an
equitable adjustment to the Time for Completion, or any other matters identified in the Change
Proposal, the Owner may nevertheless instruct the Contractor to proceed with the Change by
issue of a Pending Contract Change Order.

54.3.1 Upon receipt of a Pending Contract Change Order, the Contractor shall immediately
proceed with effecting the Changes covered by such Order. The parties shall thereafter
attempt to reach agreement on the outstanding issues under the Change Proposal.

54.3.2 If the parties cannot reach agreement within sixty (60) Days from the date of issue of the
Pending Contract Change Order, then the matter may be referred to the Project Manager
in accordance with the provisions of GCC Sub-Clause 58.1.

55.0 DEMURRAGE, WHARFAGE, ETC.

In the performance of the Contract by the Contractor all demurrage, wharf age and other
expenses incurred due to delayed clearance of the material for reasons attributable to the
Contractor shall be to the account of the Contractor

56.0 IDLE CHARGES:

No idling charges of whatsoever reasons shall be paid to the Contractor under the contract.

57.0 SUSPENSION

57.1 The Project Manager, by issuing a notice to the Contractor, may order the Contractor to suspend
performance of any or all of his obligations under the Contract. Such notice shall specify the
obligation of which performance is to be suspended, the Effective Date of the suspension and
the reasons therefore. The Contractor shall thereupon suspend performance of such obligation
(except those obligations necessary for the care or preservation of the Works/Facilities) until
ordered in writing to resume such performance by the Project Manager.

57.2 The Owner will issue orders for suspension or reinstatement of the Contract to the Contractor in
writing. The time for completion of the Works will be extended suitably by the Owner which in
any case shall not be more than for a period equal to duration of suspension. Any necessary and
demonstrable cost incurred by the Contractor as a result of such suspension of the Works will be
reimbursed by the Owner, provided such costs are substantiated to the satisfaction of the
Owner. The Owner shall not be responsible for any liabilities if suspension or delay is due to
some default on the part of the Contractor or his Sub-contractor.

57.3 During the period of suspension, the Contractor shall not remove from the Site any Plant and
Equipment, any part of the Works/Facilities or any Erection / Renovation /Refurbishment
Equipment, without the prior written consent of the Owner.

58.0 SETTLEMENT OF DISPUTES

58.1 Project Manager

58.1.1 If any dispute of any kind whatsoever shall arise between the Owner and the Contractor
in connection with or arising out of the Contract, including without prejudice to the

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generality of the foregoing, any question regarding its existence, validity or termination,
or the execution of the Works/Facilities whether during the progress of the
Works/Facilities or after their completion and whether before or after the termination,
abandonment or breach of the Contract the parties shall seek to resolve any such dispute
or difference by referring the matter to Project Manager. Project Manager will give his
decisions within thirty (30) Days of referring the dispute. Either party, if not in agreement
with Project Managers decision, within thirty (30) Days of decision by Project Manager
may refer the dispute to arbitration pursuant to GCC Sub-Clause 58.2.

.
58.2 0 ARBITRATION

58.2.1 If any dispute or difference of any kind whatsoever shall arise between the Owner and the
Supplier, arising out of the Contract for the performance of the Works whether during the
progress of the Works or after its completion or whether before or after the termination,
abandonment or breach of the Contract, it shall, in the first place, be referred to and settled by
the Owner, who, within a period of 30 (thirty) days after being requested to do so, shall give
written notice of his decision to the Supplier.

58.2.2 Save as hereinafter provided, such decision in respect of every matter so referred shall be final
and binding upon the parties until the completion of the entire work under the Contract and
shall forthwith be given effect to by the Supplier who shall comply with all such decisions, with
all due diligence, whether he requires conciliation and/or arbitration as hereinafter provided or
not.

58.2.3 If after the Owner has given written notice of his decision to the Supplier and no claim to
conciliation and/ or arbitration has been communicated to him by the Supplier within 30 (thirty)
days from the receipt of such notice, the said decision shall become final and binding on the
Supplier.

58.2.4 In the event of the Owner failing to notify his decision, as aforesaid, within 30 (thirty) days
after being requested, or in the event of the Supplier being dissatisfied with any such decision,
or within 30 (thirty) days after the expiry of the first mentioned period of 30 (thirty) days, as the
case may be, either party may require that the matters in dispute be referred to arbitration as
hereinafter provided.

58.2.5 All disputes or differences in respect of which the decision, if any, of the Owner has not
become final or binding as aforesaid, shall be settled by arbitration, under and in accordance
with the provisions of The Arbitration and Conciliation Act, 1996 or any statutory modification, in
the manner hereinafter provided. The venue of arbitration shall be New Delhi, India.

58.2.6 The arbitration shall be conducted by a sole arbitrator appointed by the Owner. .

58.2.7 The decision of the sole arbitrator shall be final and binding upon the parties. The expense of
the arbitration shall be paid as may be determined by the arbitrator. The arbitrator may, from
time to time, with the consent of both the parties increase the time for making the award. .

58.2.8 During settlement of disputes and arbitration proceedings, both parties shall be obliged to carry
out their respective obligations under the Contract.

58.2.9 Parties agree that the party invoking arbitration shall specify all disputes to be referred to
arbitration at the time of invocation of arbitration and not thereafter.

59.0 EXTENSION OF TIME FOR COMPLETION

59.1 The Time(s) for Completion specified in the Contract may be extended by the Owner by such
period as may be fair and reasonable, if the Contractor is delayed or impeded in the performance
of any of his obligations under the Contract by reason of any of the following:

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59.1.1 Any Change in the Works/Facilities as provided in GCC Clause54.0; or


59.1.2 Any occurrence of Force Majeure as provided in GCC Clause 52.0,
59.1.3 Any suspension order given by the Owner under GCC Clause 57.0 hereof or reduction in
the rate of progress pursuant to GCC Sub-Clause 57.0 or

59.2 Except where otherwise specifically provided in the Contract, the Contractor shall submit to the
Project Manager a notice of a claim for an extension of the Time for Completion, together with
particulars of the event or circumstance justifying such extension after the commencement of
such event or circumstance. As soon as reasonably practicable after receipt of such notice and
supporting particulars of the claim, the Owner and the Contractor shall agree upon the period of
such extension. In the event of no mutual agreement in this regard, the decision of the Owner
shall be final and binding on the Contractor.

59.3 The Contractor shall at all times use his reasonable efforts to minimize any delay in the
performance of its obligations under the Contract.

60.0 TERMINATION

60.1 Termination for Owners Convenience

60.1.1 The Owner may at any time terminate the Contract for any reason or without assigning
any reason by giving the Contractor 10 (ten) days notice of termination with no
compensation, that refers to this GCC Sub-Clause 60.1.

60.1.2 Upon receipt of the notice of termination under GCC Sub-Clause 60.1.1, the Contractor
shall either immediately or upon the date specified in the notice of termination:

a) Cease all further work, except for such work as the Owner may specify in the notice
of termination for the sole purpose of protecting that part of the Works/Facilities
already executed, or any work required to leave the Site in a clean and safe condition

b) Remove all Temporary Site Installations, Erection / Renovation /


RefurbishmentEquipment from the Site, repatriate the Contractors and its
Subcontractorspersonnel from the Site, remove from the Site any wreckage, rubbish
and debris of any kind, and leave the whole of the Site in a clean and safe condition.

c) Terminate all subcontracts, except those to be assigned to the Owner as


mentionedbelow.

d) In addition, the Contractor, subject to the payment specified in GCC Sub-


Clause60.1.3, shall:

60.1.2.d.1 Deliver to the Owner the parts of the Works/Facilities executed by the
Contractor up to the date of termination

60.1.2.d.2 To the extent legally possible, assign to the Owner all right, title and benefit of
the Contractor to the Works/Facilities and to the Plant and Equipment as of
the date of termination, and, as may be required by the Owner, in any
subcontracts concluded between the Contractor and its Subcontractors

60.1.2.d.3 Deliver to the Owner all non-proprietary drawings, specifications and other
documents repaired by the Contractor or its Subcontractors as at the date of
termination in connection with the Works/Facilities.

60.1.2.d.4 In the event of termination of the Contract under GCC Sub-Clause 60.1.1,the
Owner shall pay to the Contractor the following amounts as of the date of
termination.

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60.2 Termination for Contractors Default

60.2.1 The Owner, without prejudice to any other rights or remedies it may possess, may
terminate the Contract forthwith in the following circumstances by giving a notice of
termination and its reasons thereof to the Contractor, with no compensation, referring to
this GCC Sub-Clause 60.2:

a) If the Contractor becomes bankrupt or insolvent, has a receiving order issued against
it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is
passed or order is made for its winding up (other than a voluntary liquidation for the
purposes of amalgamation or reconstruction), a receiver is appointed over any part
of its undertaking or assets, or if the Contractor takes or suffers any other analogous
action in consequence of debt

b) If the Contractor assigns or transfers the Contract or any right or interest therein.

c) If the Contractor, in the judgment of the Owner has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.

d) If delay in executing the Contract results in reaching cap of liquidated damages due
under the terms of the Contract.

e) If breaches the Contract and or its clauses / conditions.

f) If abandons or repudiates the Contract

g) Any other default specified in SCC

h) If the Contractor has without valid reason failed to commence work on the
Works/Facilities promptly or has suspended the progress of Contract performance for
more than thirty(30) Days after receiving a written instruction from the Owner to
proceed

i) If the Contractor Persistently fails to execute the Contract in accordance with the
Contract or persistently neglects to carry out its obligations under the Contract
without just cause

j) If the Contractor Refuses or is unable to provide sufficient materials, services or


labour to execute and complete the Works/Facilities in the manner specified in the
program furnished under GCC Sub-Clause 32.2 at rates of progress that give
reasonable assurance to the Owner that the Contractor cannot attain Completion of
the Works/Facilities by the Time for Completion For the purpose of this Sub-Clause:

60.2.2 Under the above circumstances, the Owner may, without prejudice to any other rights it
may possess under the Contract, give a notice to the Contractor stating the nature of the
default and requiring the Contractor to remedy the same. If the Contractor fails to remedy
or to take steps to remedy the same within Seven (7) Days of its receipt of such notice,
then the Owner may terminate the Contract forthwith by giving a notice of termination to
the Contractor with no compensation that refers to GCC Sub-Clause60.2.

60.2.3 Upon receipt of the notice of termination under GCC Sub-Clauses 60.2 the Contractor
shall, either immediately or upon such date as is specified in the notice of termination:

a) Cease all further work, except for such work as the Owner may specify in the notice
of termination for the sole purpose of protecting that part of the Works/Facilities
already executed, or any work required to leave the Site in a clean and safe
condition.

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b) Deliver to the Owner the parts of the Works/Facilities executed by the Contractor up
to the date of termination.

c) Terminate all subcontracts, except those to be assigned to the Owner,

d) To the extent legally possible, assign to the Owner all right, title and benefit of the
Contractor to the Works/Facilities and to the Plant and Equipment as of the date of
termination, and, as may be required by the Owner, in any subcontracts concluded
between the Contractor and its Subcontractors,

e) Deliver to the Owner all drawings, specifications and other documents prepared by
the Contractor or its Subcontractors as of the date of termination in connection with
the Works/Facilities,

The Owner may have possession of the Site, expel the Contractor, and complete the
Works/Facilities itself or by employing any third party. The Owner may, to the
exclusion of any right of the Contractor over the same, take over and use the
Construction Equipment owned by the Contractor and on the Site in connection with
the Works/Facilities for such reasonable period as the Owner considers expedient for
the completion of the supply and renovation or refurbishment of the Works/Facilities.

f) Upon completion of the Works/Facilities or at such earlier date as the Owner


thinksappropriate,the Owner shall give notice to the Contractor that such
Construction Equipment will be returned to the Contractor at or near the Site and
shall return such Construction Equipment to the Contractor in accordance with such
notice. The Contractor shall thereafter without delay and at its cost remove or
arrange removal of the same from the Site.

Subject to GCC Sub-Clause 60.3 and at the sole discretion of the Owner the
Contractor shall be paid the Contract Price attributable to the Works/Facilities
executed as of the date of termination, the value of any unused or partially used
Plant and Equipment on the Site. Any sums due to the Owner from the Contractor
accruing prior to the date of termination shall be deducted from the amount to be
paid to the Contractor under this Contract.

60.2.4 If the Owner completes the Works/Facilities, the cost of completing the Works/Facilities by
the Owner shall be determined, as under:

a) If the sum that the Contractor is to be paid, pursuant to GCC Sub-Clause 60.2.4, plus
the reasonable costs incurred by the Owner in completing the Works/Facilities, exceeds
the Contract Price, the Contractor shall be liable for such excess.

b) If such excess is greater than the sums due the Contractor under GCC Sub-Clause
60.2.4,the Contractor shall pay the balance to the Owner.

For Termination due to the faults of the Contractor, the Owner reserves the right to get
the balance work done by other agencies at the risk and cost of the Contractor.

61.0 ASSIGNMENT

61.1 The Owner shall be entitled to assign the whole or any part of the Contract or any benefit or
interest in or under the Contract without the consent of the Contractor. In particular, the
Contractor hereby consents to the grant and creation by the Owner of a security interest in and
assignment of this Contract and any and all of the Owners rights, title and interests in and under
this Contract in favour of any Lender or its security agent or trustee; and in furtherance of and to
give effect to such security interest and assignment, the Contractor agrees to enter into such
contracts, direct contracts and consents and deliver such legal opinions as are reasonably
customary and as may be required by any of the Lenders.

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61.2 The Contractor shall not be entitled to assign any part of the Contract or any benefit or interest
in or under this Contract without the prior written consent of the Owner.

62.0 LIENS

62.1 Contractor shall ensure that the Works/Facilities covered under the Contract shall be free from
any claims of title/liens from any third party. In the event of such claims by any party, Contractor
shall at his own cost defend, indemnify and hold harmless Owner or its authorized representative
from such disputes of title/liens, costs, consequences etc.

62.2 Final payment to the Contractor shall not be made until the Contractor shall deliver to the Owner
a complete release of all liens arising out of the Contract or receipt in full in line thereof and in
either case, an affidavit will have to be furnished by the Contractor that so faras he has
knowledge or information, the release and receipts include all the labour and material for which
a lien could be held.

63.0 TRAINING OF OWNERS PERSONNEL/FOLLOW UP BY OWNER

63.1 If considered necessary, the Owner will depute his personnel at contractors works/its Sub-
Contractors works for training without any additional liability to the Owner. The details of the
number of persons to be trained, period of training, nature of training etc. shall be mutually
discussed between the Contractor and the Owner.

63.2 If considered necessary, the Owner will depute his engineers at the Contractors/his
Subcontractors manufacturing plant/ office for long durations for follow up of various activities
such as engineering, manufacturing, assembly, testing, dispatch etc. The Contractor/his Sub-
contractors will provide at his own cost and expense boarding & lodging facilities in their Guest
House/ hotel and also the local conveyance from the place of stay to their manufacturing
plant/office. The Contractor/ their Sub-contractors shall also provide furnished office space along
with EPABX Telephone line and 1 Computer along with Internet connection free of cost.
However, medical/insurance charges of the Owners Engineers shall be borne by the Owner. The
Contractor/his Sub-contractors will provide permanent entry pass to the Owners engineers
deputed for the follow up and shall allow uninterrupted access to their various manufacturing
units and shall make available the various documents/drawings to them.

63.3 All travelling expenses except local conveyance for the personnel to be deputed for training&
follow-up shall be borne by the Owner.

64.0 CHANGE OF NAME

64.1 At any stage after Bidding, the Owner shall deal with the Contractor only in the name and at the
address under which he has submitted the Bid. All the liabilities / responsibilities for the
execution of the Contract, shall be those of the Contractor and in no circumstances he shall be
relieved of any obligations under the Contract. The Owner may, however at his discretion deal
with Agents / Representatives / Distributors / Manufacturers/ Associates /Principals / Sister
Concerns and such dealing shall not absolve the Supplier(s) from his responsibilities/obligations/
liabilities to the Owner under the Contract.

64.2 Any Change / alteration of name / constitution / organization of the supplier shall be duly
notified to the Owner and the Owner reserves the right to determine the Contractor, in case of
any such notification. In the event of such determination, the Owner may effect the purchases of
the material not supplied from elsewhere at the risk and cost of the Bidder /Supplier.

65.0 MINOR ACCESSORIES & FITTINGS

The Contractor shall supply all minor accessories, fittings and apparatus required for the
completion of the supply that have not been specifically mentioned in the specification or bid
offer which are usual or necessary for the Equipment.

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66.0 AFTER SALES SERVICES

The Contractor whenever asked for by the Owner at Contractors cost within the Defect Liability
Period and at the Owners cost after the Defect Liability Period shall attend to the Equipment/
material supplied against the Contract.

67.0 NAME PLATES AND MARKING OF PARTS

All Equipment shall have metal nameplate unless otherwise stated in the technical specification
fixed in a suitable position with full particulars engraved thereon. In order to facilitate
identification, the parts of the Equipment shall be suitably marked.

68.0 PAINTING

All Equipment shall be painted as per the requirement detailed shall be discussed during post
award. The Contractor shall also supply adequate spare quantities of paints for touching up at
site of scratches that may have occurred during transport, handling, erection,testing and
commissioning.

69.0 SCOPE OF WORK AND SERVICES FOR ERECTION ACTIVITIES

69.1 General Conditions

69.1.1 All technical personnel as provided for supervision by the Contractor shall be technically
competent, adequately trained and experienced in the installation and operation of the
Work/Facilities supplied under the Contract. For this purpose the Contractor, before
deployment, shall submit to the Owner, the bio-data of each of the personnel, for
approval by the Owner. Notwithstanding such approval, if any personnel is found not
performing the services in a manner expected of him, under the Contract, the Contractor
on advice from the Owner shall replace such personal(s)with those acceptable to the
Owner.

69.1.2 Before start of the job, the Contractor shall furnish a detailed plan of erection activities
including guidelines, procedures of unloading, storage/transportation, erection drawings,
sequence of erection and inputs required in a phased manner.

69.2 Erection Work

Unless otherwise specified, the Contractor shall provide the following work and services when
the Owner calls for complete erection, testing and commissioning of any equipment:

a) All labour, skilled and unskilled including supervisory personnel for expeditious and
efficient erection of the equipment and material covered in the specification.
b) Receiving of material from trucks, unload, transport and store in the storage space of the
Contractor.

c) Taking delivery of all erection materials and equipment to be erected from store and safe
transportation to the site of erection.
d) All consumable materials, tools and tackles for the purpose of erection, unless otherwise
specified.
e) All fastening materials, nuts, bolts, screws, clamps, washers and gaskets etc. unless
otherwise specified. The Owner or his representative will approve all consumable sand
erection materials to be supplied by the Contractor. All the material procured by the
Contractor shall be got inspected and approved by the Owner or his representative before
the same are used for erection work.
f) All equipment, cranes, tools, ladders, platforms, scaffolding, temporary supports and
facilities, required for erection and for handling of heavy packages at Site.

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g) Owners equipment and tools may be made available on payment of hire charges if and
when available. The hire charges shall be those determined by the Owner who shall
however be under no obligation to supply such tools.
h) Erection of the equipment and material complying with the specification and design
requirements and to the entire satisfaction of the Owner.
i) Skilled and unskilled personnel as may be required to render assistance to the Owner for
carrying out tests on the equipment during start-up, testing and Commissioning.
j) The Owner shall provide building and other civil work unless specified otherwise. The
Contractor shall carryout all final adjustments of foundation levels such as chipping(up to
25 mm) and levelling of the foundation, setting and levelling pads and such work as may
be necessary for setting the equipment in proper position. The Contractor shall be
responsible for obtaining the correct reference lines for the purpose of fixing the
alignment of various equipment from master benchmark furnished by the Owner.
k) Embedding and grouting of anchor bolts shall be done by the Contractor. The Contractor
shall be responsible for checking the pockets in the foundations for fixing of the anchor
bolts and the Contractor, at no extra cost to the Owner, shall carry out any minor
alterations of these pockets.
l) Any civil work damaged by the Contractor during the course of erection shall have to
beamed good by him at his cost, to the satisfaction of the Owner.
m) All work shall be carried out as per the requirement of codes and shall be electrically and
mechanically correct.
n) The Contractor shall supply and apply anti-corrosive paint before erection.
o) All parts of an equipment delivered in disassembled condition shall be checked for wear
and damage, accumulation of dust, cleaned and assembled for erection.
p) Strict cleanliness shall be observed during the erection.
q) Accommodation of supervisory personnel and housing of all labour.
r) Daily transport for erection personnel as required.
s) Site office and covered storage as required.
t) Watch and ward to ensure security and safety of material under his custody.
u) Cleaning up of Site after erection.
v) Training of Owners personnel during erection and then in Operation & Maintenance of
Works/Facilities at Site.
w) Furnish As Built drawings, site test certificates, operating instructions manuals.

70.0 WELDING OF PARTS

The welding of piping shall be in accordance with the following requirements:

70.1 Qualification of Weld Procedures

All the welding procedures adopted by the Contractor shall be qualified in accordance with the
latest applicable requirements of Section IX of ASME code before the work is begun. The
Contractor shall submit to the Owner for review, copies of certificates qualifying welding
procedures proposed to be used. Such certified welding procedures for welding of piping
submitted to the Owner shall clearly state the type of material, material thickness, the joint
details, the pre-heat temperature maintained, the post weld heat treatment given and the
welding current and the voltage used during qualifications of welding procedures.

70.2 WELD EDGE PREPARATION

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Preparation at Site of weld joint shall be in accordance with details acceptable to the Owner.
Wherever possible, machining or automatic flame cutting shall be used for edge preparation.
Hand flame cutting will be permitted only where edge preparation otherwise is impractical. All
slag shall be removed from cuts and all the hand cuts shall be ground smooth to the satisfaction
of the Owner. Flame cutting of alloy steel pipe shall be avoided. Wherever such cutting is done,
a 200 mm length at the cut face shall be removed by machining.

70.3 FIELD WELDING SCHEDULE

The Contractor shall submit to the Owner, a certified and complete field-welding schedule for all
the field welding activities to be carried out in respect of the pressure parts involved in the
equipment furnished and erected by him, at least 60 days prior to the scheduled start of erection
work at site. Such schedule will be strictly followed by the Contractor during the process of
erection. The above field-welding schedule to be issued by the Contractor shall contain the
following:

a) Drawing No(s)
b) Location of the weld
c) Size of the weld (outside diameter and thickness)
d) Type of joints
e) Material specifications
f) Size of fillet on backing ring, when the type of joint is with backing ring
g) Electrode/filler metal specifications
h) Number of welds per unit
i) Quantity of filler metal per weld
j) Indication of required Non-destructive Examination (NDE) for each weld
k) Pre-heat temperatures for welding
l) Process of welding
m) Post-welding heat treatment temperature ranges, duration.
n) Qualification details of weld procedures to be adopted as specified in 'Qualification of Weld
Procedures' in this Section.

71.0 CLEANING AND SERVICING

71.1 The inside of all tubes, pipes, valves and fittings shall be free from dirt and scales before being
erected. All the pipelines shall be thoroughly blown and/or flushed. Each steam and water tubes
shall be blown with compressed air and shall be subjected to ball test beforeerection to ensure
that no obstructions exist. A system for recording of all such operations shall be developed and
maintained in a manner to ensure that no obstructions are left inside the tubes and no tubes are
left uncleanness and untested.

71.2 All valves and valve actuators, and dampers and damper actuators, if any, shall be thoroughly
cleaned and service prior to pre-commissioning tests and/or Trial Operations of the Plant. System
for recording of such servicing operation shall be developed and maintained in a manner
acceptable to the Owner and to ensure that no valves or dampers including their actuators are
left unserviced.

72.0 ELECTRICAL SAFETY REGULATIONS

72.1 Before the Contractor connects any electrical appliances to any plug or socket belonging to the
other Contractor or Owner, he shall:

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a) Satisfy the Owner that the appliance is in good working condition;


b) Inform the Owner of the maximum current rating, voltage and phases of the appliances;
c) Obtain permission of the Owner detailing the socket to which the appliances maybe
connected.

72.2 The Owner will not grant permission to connect until he is satisfied that:

a) The appliance is in good condition and is fitted with a suitable plug.


b) The appliance is fitted with a suitable cable having two earth conductors, one of which
shall be an earthed metal sheath surrounding the cores.

72.3 No electric cable in use by the other Contractor/Owner will be disturbed without permission. No
weight of any description will be imposed on any such cable and ladder or similar equipment will
rest against or be attached to it.

73.0 MATERIALS HANDLING AND STORAGE

73.1 All the equipments furnished under the Contract and arriving at Site shall be promptly received,
unloaded and transported and stored in the storage space by the Contractor.

73.2 Contractor shall be responsible for examining all the shipment and notify the Owner immediately
of any damage, shortage, discrepancy etc. for the purpose of Owner information only. The
Contractor shall submit to the Owner every week a report detailing all the receipts during the
week. However, the Contractor shall be solely responsible for any shortages or damage in
transit, handling and/or in storage and erection of the equipment at Site. Any demurrage, wharf
age and other such charges claimed by the transporters, railways etc. shall be to the account of
the Contractor.

73.3 The Contractor shall maintain an accurate and exhaustive record detailing out the list of all
equipment received by him for the purpose of erection and keep such record open for the
inspection of the Owner.

73.4 All equipment shall be handled very carefully to prevent any damage or loss. The equipment
stored shall be properly protected to prevent damage either to the equipment or to the floor
where they are stored. The equipment from the store shall be moved to the actual location at
the appropriate time so as to avoid damage of such equipment at Site.

73.5 All electrical panels, controls gear, motors and such other devices shall be properly dried by
heating before they are installed and energised. Motor bearings, slip rings, commutators and
other exposed parts shall be protected against moisture ingress and corrosion during storage
and periodically inspected. Heavy rotating parts in assembled conditions shall be periodically
rotated to prevent corrosion due to prolonged storage.

73.6 All the electrical equipment such as motors, generators, etc. shall be tested for insulation
resistance at least once in three months from the date of receipt till the date of commissioning
and a record of such measured insulation values maintained by the Contractor. Such records
shall be open for inspection by the Owner.

73.7 The Contractor shall ensure that all the packing materials and protection devices used for the
various equipment during transit and storage are removed before the equipment are installed.

73.8 The consumables and other supplies likely to deteriorate due to storage must be thoroughly
protected and stored in a suitable manner to prevent damage or deterioration in quality by
storage.

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73.9 All the materials stored in the open or dusty location must be covered with suitable weather-
proof and flameproof covering material wherever applicable.

73.10 If the materials belonging to the Contractor are stored in areas other than those earmarked for
him, the Owner will have the right to get it moved to the area earmarked for the Contractor at
the Contractors cost.

73.11 The Contractor shall be responsible for making suitable indoor storage facilities to store all
equipment, which require indoor storage. Normally, all the electrical equipments such as motors,
control gear, generators, exciters, instruments and consumables like electrodes, lubricants
etc.shall be stored in the closed storage space. The Owner, in addition, may direct the
Contractor to move certain other materials, which in his opinion will require indoor storage, to
indoor storage areas, which the Contractor shall strictly comply with.

74.0 WORK AT SITE

74.1 In the execution of the Work, no persons other than the Contractor, or his duly appointed
representative, sub-contractor(s) and workmen employed by him and his sub-contractor(s) shall
be allowed to do work at the Site, except by the special permission, in writing, of the Owner or
his representative. Access to the Work at all times shall be accorded to the Owner and
representatives of the Owner.

74.2 The Contractor shall at all time and at his own cost take sufficient precautions to ensure the
safety of public and guard the Site as deemed necessary.

74.3 The Work at Site shall be carried out without interference with Owners activities.

74.4 No female labour shall be allowed during dark hours.

74.5 The Contractor shall not employ for the purpose of executing the Works, any person who is
below the age of eighteen (18) years. The Contractor shall pay to each labourer, for the work
done by such labourer, wages, not less than the wages paid for similar work in the district and
as per prevailing minimum wages act.

75.0 WORK TO BE FURNISHED IF ONLY ERECTION SUPERVISORY SERVICES ARE


CALLEDFOR

75.1 If so desired by the Owner, the Contractor shall provide the services of senior experienced
personnel for supervision of erection, testing and Commissioning of the plant and equipment
covered under his scope of supply/services.

75.2 The work and services to be rendered under this clause shall include but not limited the
following:

a) Complete checking of the materials at Site and reporting to the Owner in writing of any
discrepancy, loss, and damage thereof.
b) Assisting the Owner to lodge claims if any with Insurance Company for any loss/damages
noted.
c) Advising the Owner regarding rectification of any damage during transit.
d) Preparation of schedule for construction, pre-commissioning check-up and tests.
e) Preparation of material requirement schedule.
f) Advising the dealing Contractor on the procedure of erection to be followed.
g) Ensuring that the work is being carried out as per normally accepted good engineering
practice.
h) Exercising quality control for construction materials and actual construction.

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i) Submission of erection logs and all records of erection in proper proforma in triplicate.
j) Issuing completion certificate for readiness to start-up.
k) Testing, Commissioning and putting the equipment in successful commercial operation.

76.0 MANUFACTURERS SUPERVISION

If the Contractor is not the manufacturer, he may be required to work under the guidance of the
manufacturers technical personnel. However, this will not relieve the Contractor of his
responsibility for the correctness of work done or quality of workmanship.

77.0 FACILITIES TO BE ARRANGED BY THE CONTRACTOR

The Contractor will make his own arrangement for the following facilities:

77.1 Space

The Contractor shall advise the Owner within fifteen (15) days from the date of Contract about
his exact requirement of space for his office, storage area, pre-assembly and fabrication areas.
The above requirement shall be reviewed by the Owner and the open space as decided by
Owner will be allotted to the Contractor for construction of his temporary structures/ facilities like
office, storage sheds, pre-assembly and fabrication areas for Contractor's as well as his Sub-
Contractor's use. Neither accommodation nor space shall be provided by the Owner for the
Contractors or his Sub-contractor officers, labours, staff etc.

77.2 Electricity

The Contractor will have to make his own arrangement for Construction Power, distribution
system and required metering instruments.

77.3 Water

The Contractor will have to make his own arrangement for Construction Water, pumping and
transport of water to their working Site along with suitable storage arrangement.

78.0 CONTRACTORS CO-OPERATION WITH THE OWNER

78.1 In case where the performance of the erection work by the Contractor affects the operation of
the system facilities of the Owner, such erection work of the Contractor shall be scheduled to be
performed only in the manner stipulated by the Owner and the same shall be acceptable at all
times to the Contractor. The Owner may impose such restrictions on the facilities provided to the
Contractor such as electricity, etc. as he may think fit in the interest of the Owner and the
Contractor shall strictly adhere to such restrictions and co-operate with the Owner. It will be the
responsibility of the Contractor to provide all necessary temporary instrumentation and other
measuring devices required during start-up and operation of the equipment systems, which are
erected by him. The Contractor shall also be responsible for flushing and filling of all the oil and
lubricants required up to Commissioning of the equipment furnished and erected by him. The
Contractor shall be responsible for supplying such flushing oil and other lubricants required
uptoCommissioning.

79.0 WITHHOLDING PAYMENT FOR ERECTION, TESTING, COMMISSIONING

79.1 The Owner may withhold the whole or part of any payment for erection, testing and
Commissioning claimed by the Contractor, which in the opinion of the Owner is necessary to
protect himself from loss on account of:

a) Defective work not remedied or guarantees not met.

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b) Claims filed against the Contractor.


c) Failure by the Contractor to make payments for materials or labour employed by him.
d) Damage caused to any other Contractor.
e) In-sufficient progress.

79.2 When the grounds for withholding payment are removed, the Owner without delay shall make
payment of the amount due to Contractor.

80.0 CONVENIENCE OF PUBLIC

80.1 All operations necessary for the execution of the Works and for the Construction of any
temporary work shall, so far as compliance with the requirements of the Contract permit, be
carried on so as not to interfere unnecessarily or improperly with the public convenience of
access to use public or private roads and foot paths or to use properties whether in the
possession of the Owner or of any other person. The Contractor shall indemnify the Owner in
respect of all claims, demands, proceedings, damages, costs, charges and expenses whatsoever
in relation to any violation by the Contractor of the above.

81.0 PREVENTION OF EXTRAORDINARY TRAFFIC AND PROTECTION OF HIGHWAY

81.1 The Contractor shall use reasonable means to prevent the highways or bridges communicating
with or on the routes to the Site from being subjected to extraordinary traffic by traffic of the
Contractor or any of his sub-contractors. In particular the Contractor shall select routes, choose
and use vehicles and restrict and distribute loads, so that any such extraordinary traffic as will
inevitably arise shall be limited as far as reasonably possible, and so that no unnecessary
damage or injury may be caused to such highways and bridges. If it is found necessary for the
Contractor to move over part of highway or bridge, one or more loads, where the moving of
such load will in all probability damage the highway or bridge, give notice to the Owner of the
weight and other particulars of the load to be moved, and his proposals for protecting or
strengthening the said highway or bridge. The Contractor shall also carry out the protection and
strengthening of the highway or bridge as required.

82.0 TEMPORARY ARRANGEMENT

The Contractor shall bear all expenses and charges for special or temporary way-leaves required
by him in connection with access to the Site.

83.0 URGENT REPAIR WORK

If, by reason of any accident or failure or other event occurring in connection with the Works,
either during the execution of the Works or during the Defects Liability Period, any remedial or
repair work is necessary, then the Contractor shall take necessary remedial action. If however
the Contractor is unable or unwilling to do such repairs, the Owner may use his own or other
workmen to do the repairs. The cost of repairs so done shall be charged to the Contractor or
may be deducted by the Owner from any money due or which may become due to Contractor.

84.0 POSSESSION PRIOR TO COMPLETION

The Owner shall have the right to take possession of or use any completed or partially completed
part of the Work. Such possession or use shall not be deemed to be an acceptance of any work
in terms of the Contract.

85.0 MEDICAL SUPERVISION & CARE

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85.1 The Contractor shall produce certificate of physical fitness of all his employees and he shall
employ only such persons as are found to be free of contagious diseases. Whenever in the
opinion of the Owner, it is necessary for protection of the other employees or their families, the
Contractor shall remove any of his employees found to be suffering from contagious disease,
either to a hospital or permanently from the camp. Any contagious disease, when discovered
shall be at once reported tithe Owner.

85.2 The Contractor shall be fully responsible for any first aid and emergency medical treatment to his
employees. The Contractor shall make necessary arrangement for this purpose.

86.0 FIRE PROTECTION

86.1 The work procedures those are to be used during the erection shall be those, which minimise fire
hazards to the extent practicable. Combustible materials, combustible waste and rubbish shall be
collected and removed from the Site at least once each day. Fuels, oils and volatile or flammable
materials shall be stored away from the construction and equipment and materials storage areas
in safe containers. Untreated canvas, paper, plastic or other flammable flexible materials shall
not at all be used at Site for any other purpose unless otherwise specified. If any such materials
are received with the equipment at the Site, the same shall be removed and replaced with
acceptable material before moving into the construction or storage area.

86.2 Similarly corrugated paper fabricated cartons etc. will not be permitted in the construction area
either for storage or for handling of materials. All such materials used shall be of waterproof and
flame resistant type. All the other materials such as working drawings, plans etc., which are
combustible but are essential for the works to be executed shall be protected against combustion
resulting from welding sparks, cutting flames and other similar fire sources.

86.3 All of the Contractor's supervisory personnel and sufficient number of workers shall be trained for
fire fighting and shall be assigned specific fire protection duties. Enough of such trained
personnel must be available at the Site during the entire period of the Contract.

86.4 The Contractor shall provide enough fire protection equipment of the types and number for the
warehouses, office, temporary structures, labour colony area etc. Access to such fire protection
equipment, shall be easy and kept open at all time.

87.0 CONSTRUCTION MANAGEMENT

87.1 The field activities of the Contractors working at Site will be coordinated by the Owner and the
Owners decision shall be final in resolving any disputes or conflicts between the Contractor
another contractors regarding scheduling and co-ordination of Work. Such decision by the Owner
shall not be cause for extra compensation or extension of time of the Contractor.

87.2 The Owner shall hold weekly meetings of all the contractors working at Site, at a time and place
to be designated by the Owner. The Contractor shall attend such meetings and take notes of
discussions during the meeting and the decisions of the Owner and shall strictly adhere to those
decisions in performing his Works. In addition to the above weekly meeting, the Owner may call
for other meeting either with individual contractors or with selected number of contractors and in
such a case the Contractor if called, will also attend such meetings.

87.3 Time is the essence of the Contract and the Contractor shall be responsible for performance of
his Works in accordance with the specified construction schedule. If at any time, the Contractor
is falling behind the schedule, he shall take necessary action to make good for such delays by
increasing his work force or by working overtime or otherwise accelerate the progress of the
work to comply with the schedule and shall communicate such actions in writing to the Owner,
satisfying that his action will compensate for the delay. The Contractor shall not be allowed any
extra compensation for such action.

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87.4 The Owner shall however not be responsible for provision of additional labour and/or materials
or supply or any other services to the Contractor except for the co-ordination work between
various contractors as set out earlier.

88.0 PROTECTION OF PROPERTY AND CONTRACTORS LIABILITY

88.1 The Contractor shall be responsible for any damage resulting from his operations. He shall also
be responsible for protection of all persons including members of public and employees of the
Owner and the employees of other contractors and sub-contractors and all public and private
property including structures, building, other plants and equipments and utilities either above or
below the ground.

88.2 The Contractor will ensure provision of necessary safety equipment such as barriers, sign-boards,
warning lights and alarms, etc. to provide adequate protection to persons and property. The
Contractor shall be responsible to give reasonable notice to the Owner and the Owners of public
or private property and utilities when such property and utilities are likely to get damaged or
inhered during the performance of his Works and shall make all necessary arrangements with
such owners, related to removal and/or replacement or protection of such property and utilities.

89.0 PROTECTION OF REFERENCE POINTS

89.1 The Contractor shall ensure that bench marks, reference points, etc. which are marked either
with the help of Owner or by the Owner shall not be disturbed in any way during the
performance of his Works. If, any work is to be performed which disturb such reference, the
same shall be done only after these are transferred to other suitable locations under the
direction of the Owner. The Contractor shall provide all necessary materials and assistance for
such relocation of reference points etc.

90.0 WORK & SAFETY REGULATIONS

90.1 The Contractor shall ensure proper safety of all the workmen, materials, plant and equipments
belonging to him or to the Owner or to others, working at the Site. The Contractor shall also be
responsible for provision of all safety notices and safety equipment required both by the relevant
legislation and the Owner, as he may deem necessary.

90.2 The Contractor will notify well in advance to the Owner of his intention to bring to the Site any
container filled with liquid or gaseous fuel or explosive or petroleum substance or such
chemicals, which may involve hazards. The Owner shall have the right to prescribe the
conditions, under which such container is to be stored, handled and used during the
performance of the works and the Contractor shall strictly adhere to and comply with such
instructions. The Owner shall have the right at his sole discretion to inspect any such container
or such construction plant/equipment for which material in the container is required to be used
and if in his opinion, its use is not safe, he may forbid its use. No claim due to such prohibition
shall be entertained by the Owner and the Owner shall not entertain any claim of the Contractor
towards additional safety provisions/conditions to be provided for constructed as per the Owners
instructions.

Further, any such decision of the Owner shall not, in any way, absolve the Contractor of his
responsibilities and in case, use of such a container or entry thereof into the Site area is
forbidden by the Owner, the Contractor shall use alternative methods with the approval of the
Owner without any cost implication to the owner or extension of work schedule.

90.3 Where it is necessary to provide and/or store petroleum products or petroleum mixtures and
explosives, the Contractor shall be responsible for carrying-out such provision and/or storage in
accordance with the rules and regulations laid down in Petroleum Act 1934, Explosives Act,
1948,and Petroleum and Carbide of Calcium Manual published by the Chief Inspector of
Explosive of India. All such storage shall have prior approval of the Owner. In case, any
approvals are necessary from the Chief Inspector (Explosives) or any statutory authorities, the
Contractor shall be responsible for obtaining the same.

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90.4 All equipment used in construction and erection by Contractor shall meet Indian/International
Standards and where such standards do not exist, the Contractor shall ensure these to be
absolutely safe. All equipments shall be strictly operated and maintained by the Contractor in
accordance with manufacturers operation manual and safety instructions.

90.5 Periodical Examinations and all tests for all lifting/hoisting equipment & tackles shall be carried-
out in accordance with the relevant provisions of Factories Act 1948, Indian Electricity Act, 1910,
and associated Laws/Rules in force from time to time. A register of such examinations and tests
shall be properly maintained by the Contractor and will be promptly produced as and when
desired by Owner or by the person authorised by him.

90.6 The Contractor shall be fully responsible for the safe storage of his and his Sub-Contractors
radioactive sources in accordance with BARC/DAE Rules and other applicable provisions. All
precautionary measures stipulated by BARC/DAE in connection with use, storage and handling of
such material will be taken by Contractor.

90.7 The Contractor shall provide suitable safety equipment of prescribed standard to all employees
and workmen according to the need, as may be directed by Owner who will also have right to
examine these safety equipments to determine their suitability, reliability, acceptability and
adaptability.

90.8 Where explosives are to be used, the same shall be used under the direct control and
supervision of an expert, experienced, qualified and competent person strictly in accordance with
the Code of Practices / Rules framed under Indian Explosives Act pertaining to handling, storage
and use of explosives.

90.9 The Contractor shall provide safe working conditions to all workmen and employees at the Site
including safe means of access, railings, stairs, ladders, scaffoldings etc. The scaffoldings shall be
erected under the control and supervision of an experienced and competent person. For
erection, standard quality of material only shall be used by the Contractor.

90.10 The Contractor shall not interfere or disturb electric fuses, wiring and other electrical equipment
belonging to the Owner or other Contractors under any circumstances, whatsoever, unless
expressly permitted in writing by the Owner to handle such fuses, wiring or electrical equipment.

90.11 No repair work shall be carried out on any live equipment. The equipment must be declared safe
by the Owner and a permit to work shall be issued by the Owner before any repair work is
carried out by the Contractor. While working on electric lines/equipments whether live or dead,
suitable type and sufficient quantity of tools will have to be provided by Contractor to
electricians/ workmen/officers.

90.12 The Contractors shall employ necessary number of qualified, full time Electricians/Electrical
Supervisors to maintain his temporary electrical installations.

90.13 The Contractor employing more than 100 workmen whether temporary, casual, probationer,
regular or permanent or on contract, shall employ at least one full time qualified safety officer to
supervise safety aspects of the equipments and workmen, who will co-ordinate with the Owners
Safety Officer. In case of work being carried out through Sub-Contractors, the Sub-Contractors
workmen/ employees will also be considered as the Contractors employees/ workmen for the
above purpose.

90.14 The name and address of such Safety Officer of Contractor will be promptly informed in writing
to Owner with a copy to Safety Officer-In charge before he starts work.

90.15 In case any accident occurs during the construction/erection or other associated activities
undertaken by the Contractor thereby causing any minor or major or fatal injury to his
employees due to any reason, whatsoever, it shall be the responsibility of the Contractor to
promptly inform the same to the Owner in prescribed form and also to all the authorities
envisaged under the applicable laws.

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90.16 The Owner shall have the right at his sole discretion to stop the work, if in his opinion the work
is being carried out in such a way that it may cause accidents and endanger the safety of the
persons and/or property, and/or equipment. In such cases, the Contractor shall be informed in
writing about the nature of hazards and possible injury/accident and he shall comply to remove
shortcomings promptly. The Contractor after stopping the specific work can, if felt necessary
appeal against the order of stoppage of work to the Owner within 3 days of such stoppage of
work and decision of the Owner in this respect shall be conclusive and binding on the Contractor.

90.17 The Contractor shall not be entitled for any damages/compensation for stoppage of work due to
safety reasons and the period of such stoppage of work will not be taken as an extension of time
for completion of work and will not be the ground for waiver of levy of Liquidated Damages.

90.18 The Contractor shall follow and comply with all Safety Rules, relevant provisions of applicable
laws pertaining to the safety of workmen, employees plant and equipment as may be prescribed
from time to time without any demur, protest or contest or reservation. In case of any
unconformity between statutory requirement and Safety Rules referred above, the later shall be
binding on the Contractor unless the statutory provisions are more stringent.

91.0 FOREIGN PERSONNEL

91.1 The Contractor shall submit to the Owner data on all personnel he proposes to bring into India
for the performance of the Works under the Contract, at least sixty (60) days prior to their
departure to India. Such data will include for each person the name, his present address, his
assignment and responsibility in connection with the Works, and a short resume of his
qualification, experience etc. in relation to the work to be performed by him. The Contractor shall
provide a copy of the passport of such Foreign Personnel to the Owner.

91.2 Any person unsuitable and unacceptable to the Owner shall not be brought to India. Any person
brought to India, if found unsuitable or unacceptable by the Owner, the Contractor shall within a
reasonable time make alternate arrangements for providing a suitable replacement and
repatriation of such unsuitable personnel at its own cost.

91.3 The cost of passports, visas and all other travel expenses to and from India, incurred by the
Contractor shall be to his account. The Owner will not provide any residential accommodation
and/or furniture for any of the Contractors personnel including foreign personnel and
Contractors hall make his own arrangements for such facilities in the area allotted at Site, to him
by the Owner for that purpose.

91.4 The Contractor and his expatriate personnel shall respect all Indian Acts, Laws, Rules and
Regulations and shall not in any way interfere with Indian political and religious affairs and shall
conform to any other rules and regulations which the Government of India and the Owner may
establish from time to time, on them. The Contractors expatriate personnel shall work and live in
close co-operation and co-ordination with their co-workers and the community and shall not
engage themselves in any other employment neither part-time or full-time nor shall they take
part in any local politics or trade union activities.

91.5 The Owner shall assist the Contractor, to the extent possible, in obtaining necessary permits to
travel to India and back, by issue of necessary certificates and other information needed by the
Government agencies.

92.0 SECURITY

The Contractor shall have total responsibility for all equipment and materials in his custody
stores, loose, semi-assembled and/or erected by him at Site. The Contractor shall make suitable
security arrangements including employment of security personnel to ensure the protection of all
materials, equipment and works from theft, fire, pilferage and any other damages and loss. All

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materials of the Contractor shall enter and leave the Owners Site only with the written
permission of the Owner in the prescribed manner.

93.0 PROVIDENT FUND

93.1 The Contractor shall strictly comply with the provisions of Employees Provident Fund Act and
register himself with Regional Provident Fund Commission (RPFC) before commencing the work.
The Contractor shall deposit employees and employers contributions to the RPFC every month.
The Contractor shall furnish along with each running bill, the Challan /receipt for payment made
to the RPFC for the preceding months.

93.2 In case the RPFCs challan/receipt, as above, is not furnished, the contractor shall indemnify the
Owner from all such issues or otherwise the Owner shall deduct 20% (Twenty percent) of the
payable amount from Contractors running bill and retain the same as a deposit. Such retained
amount shall be refunded to Contractor on production of RPFC Challan/receipt for the period
covered by the related running bill.

93.3 The Contractor shall comply with the provisions of Contract Labour (Regulation & Abolition) Act,
rules and other laws as applicable by filling up the attachment as specified in the
Undertaking(Annexure B)

94.0 ERECTION RIGHT AND PERMITS

94.1 The Contractor shall notify the Owner the probable date of commencement of work at Site in
advance to enable the Owner to arrange handing over of the Site on the date requested. Should
Contractor fail in such notification, the Owner shall not be liable for any claim by Contractor of
whatsoever nature, for delay in the availability of Site.

95.0 ASSIGNMENT AND SUBLETTING OF CONTRACT

95.1 Contractor shall not assign this Contract wholly or in part, voluntarily, by operation of law,
or otherwise, without first obtaining the written consent of Employer. Any assignment of
this Contract in violation of the foregoing shall be, at the option of Employer, void. Subject
to the foregoing, the provisions of this Contract shall extend to the benefit of and be
binding upon the successors and assigns of the parties hereto.

95.2 The Employer may assign the rights under this Contract to Owner and/or any of the
Affiliates or Group Company of the Owner and/or lenders /lending institutions and the
Contractor agrees to enter into such further documents for the same without alteration of
any terms and conditions contained herein.

95.3 Contractor may, after informing the Employer and getting his written approval, assign or
sub-let the Contract or part thereof other than for raw materials, for minor details or for
any part of the plant for which makes are identified in the Contract. Suppliers of the
equipment not identified in the Contract or any change in the identified supplier shall be
subject to approval by the Employer. The experience list of equipment vendors under
consideration by the Contractor for this Contract shall be furnished to the Employer for
approval, prior to procurement of all such items/equipment. Such subletting shall not
relieve the Contractor from any obligation, duty or responsibility under the Contract and the
Contractor shall be and shall remain exclusively responsible to the Employer, for which
purposes the Sub-Contractor shall, vis--vis the Employer, be deemed to be the
servant/agent of Contractor employed for the performance of the particular work with full
responsibility on Contractor for all acts, omissions and defaults of the Sub-Contractor. Any
subletting without prior written approval from the Employer, as above, shall be void.

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95.4 If requested by Employer, Contractor shall furnish Employer a copy of the proposed
subcontract/purchase order (with price deleted) for Employer review of the ordering
specification and terms & conditions thereof and shall not execute such
subcontract/purchase order until Employer has accepted such terms.

95.5 Contractor guarantees that its subcontractors shall comply fully with the terms of this
Contract applicable to the portion of the Works performed by them. If any portion of the
Works which has been subcontracted by Contractor is not prosecuted in accordance with
this Contract, on request of the Employer, the subcontractor shall be replaced at no
additional cost to the Employer and shall not be employed again on the Works and shall
keep the Employer indemnified against the consequences.

95.6 Contractor shall include a provision in every subcontract that it places authorizing assignment
of such subcontract to Owner/Employer (as required) without requiring further consent
from such subcontractor or sub-supplier.

95.6 Employer shall have the right from time to time to contact Contractor's subcontractors to
discuss their progress.

95.7 Contractor shall not be relieved of its responsibility for the Works by virtue of any
subcontracts it may place regardless of Employers acceptance of such subcontract.

95.8 Assignment by Employer: Contractor hereby consents to the creation by the Employer/
Owner of a security assignment of the Contract in favour of any Financing Entity (or a
trustee acting on behalf of one or more Financing Entities) and hereby undertakes to
execute upon the request of the Employer such documents as may be reasonably and
customarily required to give effect to any such assignment provided that the Contractors
consent, which shall not be unreasonably withheld or delayed, shall be required for the
inclusion in such documents of any terms other than a simple confirmation of the consent
given above or a simple acknowledgement of a notice of an assignment pursuant to this
Clause 95.8.

96.00 Free Issue Items

PV Modules shall be supplied to the EPC contractor by the Owner as free issue items, details
for which is covered in Technical Specification.

----------- X -----------
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ANNEXURE A
Project Details with name of special purpose vehicle

Name of Special Purpose Vehicle/Owner

Yarrow Infrastructure Limited


Worldmark 1, Aerocity, Tower B, 5 th Floor
New Delhi-110037
India

Project location with brief site details


Pavagada
Dist Tumkur
Karnataka
For details, please see the Technical specifications and documents.

Capacity: 50 MW AC

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ANNEXURE - B
UNDERTAKING

I, ____________________________ Proprietor / Partner / Director of _______________________ do


hereby declare and undertake as under: ----

(i) That in the capacity of being chosen as an independent contractor of M/s --------------------
, I on behalf of my firm/company/partnership have complied with the provisions of
Contract Labour (Regulation and Abolition) Act, 1950 in holding a valid licence under the Act and
the Rules thereto and have paid the wages for the period from ___________________to
____________________ during contract Works/Facilities to all employees as per the minimum
wages and no dues are payable to any employee.

(ii) That all the eligible employees are covered under Employees Provident Fund and Miscellaneous
Provisions Act and the Employees State Insurance Act and the contributions have been deposited
under our code numbers for the period as mentioned above and as such no amount whatsoever is
payable.

(iii) I further declare and undertake that in case any liability pertaining to my employees is to be
discharged by the principal Owner for any lapse, I undertake on behalf
affirm/company/partnership to reimburse the same from our dues as payable by M/s ----------------
-----------

Stamp, Name & Signature of the Contractor

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