SPECIAL CONDITIONS OF CONTRACT [SCC]

(TO BE READ ALONGWITH ANNEXURES TO SCC PART-II TO V)

FOR CONSTRUCTION OF CULVERTS FOR UNDERGROUND
LIVE GAS PIPE LINE IN GAIL

SPECIAL CONDITIONS OF CONTRACT [SCC]

(TO BE READ ALONGWITH ANNEXURES TO SCC PART-II TO V)

NAME OF WORK: CONSTRUCTION OF CULVERTS IN HVJ AREA AT GAIL VIJAIPUR

1. GENERAL INFORMATION:

1.1 All interpretation and priority of the contract documents shall be as per GCC Section 1(1.2).
1.2 This SCC document shall be read in conjunction with the SCC Clauses mentioned at GCC Section 1
(1.3) and the Annexures to SCC (Annexure-II, III, IV, V) enclosed herewith.
1.3 All other points/clauses not mentioned specifically in the SCC shall be governed as per relevant
clauses of GCC and ITB of the Contract/Tender documents.
1.4 GAIL has engaged M/s HIQ POWER ASSOCIATES PRIVATE LIMITED from Chennai, Tamil Nadu as
their Project Management Consultant. They shall be responsible for Project Monitoring, Periodic
Supervision of Construction Activities at site, Quality Control, Checking & Certification of Contractors
Bill and recommending to EIC, conducting Project Review meeting, Closure of contract and all other
related activities as required during construction.

2. DURATION OF CONTRACT:

The completion schedule/period for all jobs listed under ―Specifications & Scope of Work‖ including
Schedule of Rates [SOR]‖ shall be "Fifteen(15) Months" which shall be reckoned from the date of
issue of "Letter of Intent [LOI]"/FOA as mentioned during award time. Work may be carried out on
'Sundays' & other 'Holidays' also including 'extra hours', if required any, as per the directions of GAIL.

The time for completion mentioned above shall be inclusive of any monsoon following within the
aforesaid time for completion. Contractor has to make complete arrangement for dewatering, keeping
the site free from water logging etc. during monsoon season or at any point of time as per the situation
& site condition. Contractor’s quoted rates shall deemed to have included the same. Delay/ held up of
work on account of monsoon/ rain will not be considered for granting of additional time to complete the
work.

3. MOBILISATION PERIOD

The Contractor needs to mobilize his team to the site within 15 days from LOA/PO Date without any
fail. No mobilization advance shall be payable by GAIL (India) Limited on this account.

4. PRICE BASIS AND FACTORS TO BE TAKEN INTO ACCOUNT WHILE QUOTING THE RATE
AGAINST SOR ITEMS:

4.1 Contractor/Bidder shall carefully read the BEC, GCC, SCC, SOW and SOR as they constitute the
Complete Tender documents in terms of C&P) Procedure as they are independent of each other.

4.2 Contractor/Bidder is solely responsible for payment of minimum wages as per statutory notifications
and directions including ensuring welfare and health of the resources/manpower deployed by him for
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 SPECIAL CONDITIONS OF CONTRACT [SCC]
(TO BE READ ALONGWITH ANNEXURES TO SCC PART-II TO V)
FOR CONSTRUCTION OF CULVERTS FOR UNDERGROUND
LIVE GAS PIPE LINE IN GAIL

discharge of the services specified in the SOR/Scope of Work and elsewhere in the tender documents
and therefore the rates quoted against the SOR items should factor in all costs for discharge of services
as per Scope of Work inclusive of cost of tools & tackles and consumables, including profits and
overheads etc. The various regulations for labour/statutory rules as mentioned in GCC, ITB, SCC and
Annexure to SCC Part-II to V are to be complied as a minimum including health safety and environment
laws/guidelines as per GCC Cl. Section 5.0.

4.3 The rates quoted against SOR Items shall remain firm and valid for the complete duration of the
contract. All works shall be performed as per the Scope of Work, Technical Specifications and SCC of
the Tender. No extra/additional amount shall be payable/admissible whatsoever, during the currency of
the contract other than the rates quoted against SOR Items, except for any statutory variation in taxes
and duties as per govt. rules/guidelines, which shall be payable extra over and above the quoted rates
as applicable from time to time. All taxes, duties, statutory variations etc. shall be governed as per GCC
and ITB or as specified elsewhere.

5. ENGINEER-IN-CHARGE [EIC]

5.1 "HOD" shall nominate the "Engineer-in-Charge [EIC]" for the work under this Contract.

5.2 The "EIC" shall look after general supervision and directions of the work. He will be authorized to stop
the work, whenever such stoppage may be necessary to ensure proper execution of the Contract. He
shall also have authority to reject all works, which do not conform to the specifications.

5.3 The "EIC" reserves the right to suspend the work or part thereof at any time and no claim
whatsoever on this account shall be entertained. In case of any dispute, the Contractor may appeal to
the "EIC" whose decision shall be final.

5.4 The decision of "EIC" for determining the category of work with reference to material of an item
not mentioned in the "Scope of Work & Technical Specifications" and/or "SOR" shall be final and
binding on the Contractor.

5.5 Payments will be made on the basis of 'joint measurements' taken by the Contractor and "EIC / GAIL's
authorized representative(s)", and after necessary verification & certification by "EIC".

5.6 Necessary recoveries and all statutory deductions shall be made from the payments to the Contractor
at the relevant rates [as per the norms, rules and regulations laid down by Government].

5.7 Before release of payment against Final Bill, the Contractor must submit a 'No Claim / No Dues
Certificate’.

6. FACILITIES TO BE PROVIDED BY GAIL:

6.1 GAIL will provide a suitable working spaces/storage area, water and electricity free of cost at suitable
place/points as required, subject to availability of same and extension of such points to designated
location for smooth execution of the work under the subject contract will be in Contractor’s scope.

6.2 All items/ tools/tackles/consumables etc. shall be stored in a neat and clean manner in the designated
location by the Contractor. Upon completion of the contract duration, the storage space allotted to the
contractor shall be vacated completely in a neat and clean manner, except for the items/ materials
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 SPECIAL CONDITIONS OF CONTRACT [SCC]
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FOR CONSTRUCTION OF CULVERTS FOR UNDERGROUND
LIVE GAS PIPE LINE IN GAIL

which have been supplied at site as per SOR/SCC/SOW. No claim shall be entertained from the
contractor in the event of having left any item/material beyond 2 days of such reminder sent by EIC for
site clearance upon completion of the contract duration.
6.3 GAIL shall not provide any regular space for storage of the waste/dismantled materials. However, a
temporary limited space may be made available at site, for stacking/storage of such items on a
temporary basis, till its disposal/removal from site. The contractor shall make necessary arrangements
for prompt and regular disposal of such material generated during the contract. The contractor shall
take permission from the EIC prior to disposal of any items/waste material etc., so as to establish its
usefulness / re-use prior to disposable.

7. IDENTITY CARD/ GATE PASS:

Contractor shall arrange to provide all necessary documentation etc. as required for making of Identity
Card/ Entry Gate Pass for his personnel as per directions/guidelines of GAIL Security Dept. for safety
and identification purpose. No extra payment shall be made on this account as the quoted rates
deemed to include the same.

8. E-MEASUREMENT AND E-BILLING THROUGH GAIL’S “ANJANI” PORTAL

8.1 GAIL has introduced ―Anjani‖ E-Measurement & E-Billing Module for the processing of RA Bills & all the
RA Bills shall be processed through this module only. Measurement shall be recorded as per the
methods of ―Anjani‖ E-measurement & E-Billing.

8.2 All the works in progress shall be jointly measured by the representative of GAIL and contractor and
shall be recorded in measurement book by EIC or his authorized representative.

8.3 The responsibility for checking the measurements as recorded in the Measurement Books shall be as
under:
 Site-in-charge/SiteEngineerwillcheck100%measurementsofexecuted work.
 EIC will further check measurements at least 15% of bill value. In case, Site-in-Charge/Site
engineer is not available, EIC will check 100% measurements of executed work.
 An officer in the department at least one level above EIC up to level of E-7, will check
measurements of 5% of bill value. In case, above-mentioned higher-level officer is EIC, then he will
check measurements of 20% of bill value.

 However, in service contract if there is some supply of materials or some other physical evidence
for checking of measurement, then the normal provision of test check measurement will be
applicable.

9. FOR- ITEM RATE WORKS:

This is an item rate contract and payment shall be made as per actual work executed & measured at
site and approved by Engineer – In- Charge.
Hundred Percent payments shall be made of the executed work and duly certified bill by the EIC for all
running bills and final bills.
Contractor shall submit the measurement sheet along with the bill to the Project Manager of the
Consultants for scrutiny and passing. The Project Manager of the Consultant or his authorized
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 SPECIAL CONDITIONS OF CONTRACT [SCC]
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FOR CONSTRUCTION OF CULVERTS FOR UNDERGROUND
LIVE GAS PIPE LINE IN GAIL

representative at site shall scrutinize and check the measurements recorded on the sheets shall certify
correctness of the same on the measurement sheets and in the bill.

 The Project Manager of the Consultant shall certify the bills after carrying out the comprehensive
checks in accordance with the terms and conditions of the Contract, upon submission of the bills,
complete in all respects and send the same to GAIL SIC/EIC for scrutiny and effect payment to the
contractor.
 Measurements shall be recorded as per the methods of measurement spelt out in
Specifications/Contract Document
 While preparing the final bills overall measurements will not be taken again. Only the volume of
Work executed since the last measured bill along with summary of final measurements will be
considered for the final bill. However, a detailed check shall be made as to missing measurements
and in case there are any missing items on measurements the same shall be recorded.
 The tax invoices shall be raised to
GAIL (India) Limited,
Vijaipur,
District- Guna,
Madhya Pradesh
 Payment shall be made by the in charge of GAIL Vijaipur finance

10. DISPUTE IN MODE OF MEASUREMENT

Where Works have to be measured for any purpose whatsoever, it shall be in accordance with item
specifications as per relevant Indian Standards unless otherwise specifically indicated in the Contract
Specifications. All measurements will be recorded in metric units only. In case of absence of mode of
measurement of any item not covered by both the methods mentioned above, the Engineer-in-
Charge's decision shall be final and binding. The required number of bills, registers, bill forms,
level/field books, materials/ account registers, testing registers, site order books and any other
stationary item pertaining to this contract shall be printed and provided for by the contractor, at his own
cost in the format prescribed and approved by the Engineer-in-Charge in writing.

11. SITE-INFORMATION/SITE-VISIT:

11.1 The entire work is to be carried out in GAIL (India) Limited Plant, Vijaipur [Distt. Guna, MP]. All
necessary security measures / safety permit(s)/ safety kits for labour will have to be invariably obtained
by the Contractor for working in the premises of 'GAIL Complex Plant if required at his cost’.
11.2 It is understood that before quoting the 'rates / prices', the Bidder has visited the work-site and has
acquainted himself fully with the nature and quantum of job / work to be carried out by him in case of
award of Contract – Ignorance of this will not be considered after the award of Contract. The Contractor
will be responsible to complete the entire job / work in all respects, including any other work necessary
to complete the job satisfactorily, though specifically not covered in "Scope of Work & Technical
Specifications".

12. DEFECT LIABILITY PERIOD [DLP]:

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 SPECIAL CONDITIONS OF CONTRACT [SCC]
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12.1 Defect Liability period shall be One year and this shall be reckoned with from the date of completion of
the work/completion of contract period as the case may be.

12.2 During defect liability period, contractor stands responsible for rectifying all defects that may appear in
the work executed by the contractor in pursuance of the contract and this includes warranties against
Manufacturing/fabrication defects covering all materials supplied by the contractor, works executed
against the defects in the workmanship.

13. CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT: As per ITB.

14. ADHERENCE TO SAFETY REGULATIONS:

14.1 All the Contractor's personnel, who would be deployed inside the workplace, should strictly follow all
safety rules and regulations. They should be well-conversant with the safety precautions to be followed
in the workplace. The Contractor shall abide by the advice and guidance of the Safety Officer in the
workplace. In addition, the Contractor shall follow all safety codes framed from time to time. Smoking
and drinking inside the workplace premises is strictly prohibited. No Contractor's personnel are allowed
to possess match boxes, lighters, cigarettes, biddies, transistors, or any other material which may
cause fire hazards.

14.2 Contractor shall also ensure that all existing and amended Fire & Safety Rules / Policies of GAIL,
Vijaipur are strictly observed in the services rendered by him. Contractor has to strictly adhere to
guidance, instructions issued from time to time in this regard. Any violation on this account shall be the
Contractor's responsibility and GAIL will be immuned to all its consequences, whatsoever it may be.

14.3 GAIL will not be responsible for any accident / mishap with the Contractor's employees. The Contractor
shall take necessary action for his employees in case of any incidents.

14.4 GAIL shall not provide any medical assistance and shall have no other liability whatsoever except as
expressly provided under the Contract.

15. CHANGE(S) IN QUANTITY(S) OF ITEM(S) DURING EXECUTION:

15.1 If the 'quantities' of any item(s) change to any extent due to any reason whatsoever, the Contractor
shall be bound to execute them at the rates quoted by him.

15.2 The Owner / GAIL also reserves the right to split the work in full or in part without assigning any reason
thereof. The decision of "EIC" shall be final and binding on the Contractor in this regard.

16. SITE PERMISSION:

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 SPECIAL CONDITIONS OF CONTRACT [SCC]
(TO BE READ ALONGWITH ANNEXURES TO SCC PART-II TO V)
FOR CONSTRUCTION OF CULVERTS FOR UNDERGROUND
LIVE GAS PIPE LINE IN GAIL

16.1 Site Permission must be obtained from Fire & Safety (F&S), Telecom, Pipeline and Electrical
department in the prescribed format which will be provided by F&S department before execution of
excavation work.
16.2 For any damage, the contractor will be fully responsible if the contractor will execute excavation work
without prior permission from the concerned department.

17. TECHNICAL MANPOWER:

17.1 The contractor shall engage following manpower at site as per the directives of the EIC for deputation &
requirement. Failure to provide required manpower as per instructions of EIC shall attract suitable
penalty/deductions from RA bills as per discretion of EIC and the decision of EIC shall be final and
binding on the contractor.

a. Project Manager/RCM (1 nos.) – Degree in Civil with reasonable years of experience as

approved by PMC/GAIL. The project manager should have finished at least one project of
same nature.
b. Resident/Site Engineer (Civil Engineers 2 nos.) – Degree/ Diploma in Civil with
reasonable years of experience as approved by PMC/GAIL. The Resident Engineer
should have finished at least one project of same nature.
c. Site Supervisor (in sufficient numbers) – The supervisor should have an experience of
working at construction sites and labour management.
d. In addition to above, a Fire and Safety officer shall be deputed from contractor side to
ensure compliance of all health and safety guidelines and Fire Fighting Works at site as
detailed in the Contract.

Table: List of deficiencies and penalties thereof

Sl. No. Nature of Deficiency in services Rate of Penalty (Rs.)

1 Non-deployment of Project manager/RCM Rs 50,000 per month or
pro rata basis
2 Absence of Project Manager beyond 20 days (annually) apart Rs 25,000 per week or
from other GH/holidays as per GAIL Vijaipur calendar part there-of
3 Non-deployment of Resident/Site Engineer Rs 25,000 per month or
pro rata basis
4 Absence of Resident/Site Engineer beyond 20 days Rs 25,000 per month or
(annually) apart from other GH/holidays as per GAIL Vijaipur pro rata basis
calendar

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 SPECIAL CONDITIONS OF CONTRACT [SCC]
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FOR CONSTRUCTION OF CULVERTS FOR UNDERGROUND
LIVE GAS PIPE LINE IN GAIL

18. TERMS OF PAYMENT:

18.1 Payment shall be released only through e-banking by "In-charge [F&A] — GAIL (India) Limited,
Vijaipur", within fifteen [15] days of submission of Bills duly verified and certified by EIC.

18.2 Contractor while submitting their bid, should advise their account in any branch of the bank that has the
e-banking facility. Further GAIL will release payment by way of NEFT/RTGS mode also.

18.3 Necessary recoveries and all statutory deductions shall be made from the payments to the Contractor
at the relevant rates [as per the norms, rules and regulations laid down by Government].

19. LIQUIDITY DAMAGE (LD) FOR DELAY IN WORK(S)

19.1 Time is the essence of the CONTRACT. In case the CONTRACTOR fails to complete the WORK within
the stipulated period, then, unless such failure is due to Force Majeure as defined in Clause No. 26 of
GCC or due to GAIL's defaults, the total Contract price shall be reduced by ½ % of the total Contract
Price per complete week of delay or part thereof subject to a maximum of 5 % of the Total Contract
Price, by way of reduction in price for delay and not as penalty. The said amount will be recovered from
amount due to the Contractor/ Contractor’s Contract Performance Security payable on demand.

19.2 The decision of the ENGINEER-IN-CHARGE in regard to applicability of Price Reduction Schedule
shall be final and binding on the CONTRACTOR.

19.3 All sums payable under this clause is the reduction in price due to delay in completion period at the
above agreed rate.

20. ESCALATION

No escalation will be payable. The rates quoted shall remain firm and fixed till the completion of
work

21. EVALUATION OF PRICE BIDS

The Contractor has to quote for entire line items as mentioned in SOR, if any bidder is not quoting any
line item, then bid of the bidder shall be rejected. The L-1 bidder shall be decided on overall basis
considering all the line items.

22. EXTRA ITEMS

Rates for Extra items, if any, shall be derived in the following order:

i. DSR 2021 rates shall be taken if item is available in DSR 2021.

ii. Items which are not available in DSR 2021 but can be derived from DSR 2021 shall have rate
as per derivation.

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iii. Market rates- If rates can’t be derived from 1 and 2 above, then market rates shall be taken.
Contractor shall submit the supporting documents for the same and 10% contractor’s profit shall
be added on market rates for arrival on final rate.

23. PUNITIVE FINES REPETITIVE VIOLATION OF SAFETY RULES & REGULATIONS:

23.1 Punitive fines on contractors are imposed for repetitive violation of safety rules & regulations during
execution of jobs. Objective of punitive fines is to work as deterrent for contractors in violation of safety
rules & regulation and to improve safety atmosphere in general at all sites.

23.2 Guidelines for imposition of punitive fine are described below:

 For first time violation of safety rules & regulation by any contractor, HOD (F&S) will issue a warning
letter to contractor with intimation to the OIC of work center and the EIC.\\

 In case of second time violation of safety rules & regulations by same contractor, the OIC will call
the contractor in person and will have a meeting to discuss the reasons for repetitive violation along
with EIC and HOD (F&S). A warning letter will also be issued by the EIC to contractor.

 In case of further violations, punitive fines will be imposed on contractor. Amount of fine will be
decided as per severity of violation of safety. However, minimum fine would be Rs.10,000/- and in
multiple of Rs.10,000/-, thereafter. This will be limited to 5% of contract value, as maximum
cumulative penalty.

24. HEALTH, SAFETY AND ENVIRONMENT [HSE] SPECIFICATIONS

24.1 SCOPE:

These specifications establish the 'Health, Safety and Environment [HSE] Management' requirement to
be complied with by the Contractors during executing their Job. Requirements stipulated in these
specifications shall supplement the requirements of 'HSE Management' given in relevant act(s) /
legislation(s).

24.2 REQUIREMENTS OF 'HEALTH, SAFETY AND ENVIRONMENT [HSE] MANAGEMENT SYSTEM' TO

BE COMPLIED BY BIDDERS:

i. Preferably, the Contract should have a documented 'HSE Policy' to cover commitment of their
organization to ensure health, safety and environment aspects in their line of operations.
ii. The Contractor shall ensure that GAIL's 'Health, Safety and Environment [HSE]' requirements are
clearly understood and faithfully implemented at all level, at sites.
iii. Contractor shall promote & develop consciousness for health, safety & environment among all
personnel working for the Contractor. Regular work-site meetings shall be arranged on 'HSE'
activities to cover hazards involved in various operations during executing their jobs, location of

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 SPECIAL CONDITIONS OF CONTRACT [SCC]
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First Aid Box, trained personnel to give First Aid, Assembly Points, standby Ambulance or vehicle
and fire protection measures such as fire hydrant, water and fire extinguishers, etc.
iv. Non-conformance of 'HSE' by Contractor as brought out during review/audit by GAIL / external
agency authorized by GAIL, shall be complied by Contractor and its report to be submitted to GAIL.
v. Contractor shall adhere consistently to all provisions of 'HSE' requirements. In case of non-
compliance of continuous failure in implementation of any of the 'HSE' provisions, GAIL may
impose stoppage of work and a suitable penalty for non-compliance. The decision of imposing
work-stoppage, its extent & monetary penalty shall rest with GAIL.
vi. All fatal accidents and other personnel accidents shall be investigated for root cause by GAIL and
the Contractor shall extend all necessary help and cooperation in this regard. Recommend
corrective and preventive actions of findings will be communicated to the Contractor for taking
suitable actions by the Contractors to avoid recurrence of such incidences.
vii. Contractor shall ensure that all their staffs and workers shall wear 'Personal Protective
Equipment’s [PPEs]' such as safety helmets, safety shoes, safety belts, protective goggles, gloves,
etc., as per job requirements. All these gadgets shall conform to relevant IS specifications or
equivalent.
viii. Contractor shall assign competent & qualified personnel for carrying out various tasks/jobs as per
requirement.
ix. All equipment’s should be tested and certified for its capacity before use.
x. Contractor shall ensure storage and utilization methodology of materials that are not detrimental to
the environment. Wherever required, the Contractor shall ensure that only the environment-friendly
materials are used.
xi. All the persons deployed at site shall be knowledgeable of and comply with the environmental
laws, rules and regulations relating to the hazardous material substances and waste. Contractor
shall not dump, release or otherwise discharge of dispose of any such materials without the
express authorization of GAIL.
xii. Contractor should display at site office and work locations caution boards, provide posters, banners
for safe working to promote safety consciousness, etc.

ALL OTHER TERMS & CONDITIONS OF THE CONTRACT SHALL BE AS PER "GENERAL
CONDITIONS OF CONTRACT [GCC]

VAITHISWARAN
Digitally signed by VAITHISWARAN SIVAKUMAR
DN: c=IN, o=HIQ POWER ASSOCIATES PRIVATE LIMITED, ou=DIRECTOR FINANCE,
pseudonym=e78094e3aa511aaeb0aa0e8a55f92d45d6775104404340301d33750da90
30a2f,
2.5.4.20=6996457f333d57cb663e5f66768cd9c558793246e5b69608f96efdd5dfb0b81f,

SIVAKUMAR
postalCode=600078, st=TAMIL NADU,
serialNumber=46a6d0ce2ad8e4b3f87cf6825fe3af850ab94ba8d75604d1945f5a16066e
3ac6, cn=VAITHISWARAN SIVAKUMAR
Date: 2024.01.09 12:43:43 +05'30'

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