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GENERAL CONDITIONS OF JNPT CONTRACT (6)
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GENERAL CONDITIONS OF JNPT CONTRACT (4)
GENERAL CONDITIONS OF JNPT CONTRACT (3)
GENERAL CONDITIONS OF JNPT CONTRACT (2)
GENERAL CONDITIONS OF JNPT CONTRACT
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GENERAL CONDITIONS OF JNPT CONTRACT (3)

3.21 EXISTING SERVICES:

.1 Drains, pipes, cables, overhead wires and similar services whether above or below the ground which may be encountered in the course of the Works shall be saved and kept harmless from injury and/or loss or damages by the Contractor at his own costs and expenses so that they continue to be in full and uninterrupted use to the JNPT. .2 The Contractor shall not store any materials or otherwise occupy any part of the site in a manner likely to hinder the operation of such or any services. The Contractor shall at his own costs and expenses and without any delay repair and make good to the satisfaction of the Employer, any injury and/or loss or damage caused by the Contractor to the same.

3.22 LABOUR:

.1 The Contractor shall make his own arrangements for the engagement of all labour for doing the work at site or in respect of or in connection with the execution of work as also for the transport, housing, feeding and payment thereof. Since time is the essence of this Contract, requisite number of labour force has to be kept, so as to complete the Installation, Testing and Commissioning of the equipment within the completion period as stipulated in the tender. .2 In the event of any outbreak of illness or an epidemic nature, the Contractor shall comply with and carry out such regulations, orders and requirements as may be made by the Government, or the local medical or sanitary authorities for the purpose of dealing with and overcoming the same. .3 The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighbourhood of the Works against the same. .4 The Contractor shall at all times during the continuance of the Contract comply fully with all existing Acts, Regulations and bye law as including all statutory amendments and re-enactment of state or Central Government and other local authorities and any other enactment and acts that may be passed in future either by the State or the Central Government or local authority, including Indian Workmen'/s Compensation Act, Labour Laws and Equal Remuneration Act, 1976, Factories Act, Minimum Wages Act etc. .5 If as a result of Contractor'/s failure, negligence, omission, default or non-observance of any provisions of any laws, the JNPT is called upon by any authority to pay or reimburse or required to pay or reimburse any amount, the JNPT shall be entitled to deduct the same from any moneys due or that they become due to the Contractor under this Contract or any other Contract or otherwise recover from the Contractor any sums which the JNPT is required or called upon to pay or reimburse on behalf of the Contractor. All registration and statutory inspection fees in respect of his work pursuant to the Contract shall be paid by the Contractor. .6 The Contractor shall pay the labourer engaged by him on the work not less than a fair wage, which expression shall mean, whether for time or piece work, rate of wages as may be fixed by the Public Works Department as fair wages for Raigad District payable to the different categories of labourers or those notified under the Minimum Wages Act for corresponding employees of the JNPT whichever may be higher. .7 Safety Gears Etc. The Contractor shall at his own expenses provide all safety gears for all labours engaged during the work and failing to do so, JNPT shall provide the same and recover the cost thereof from any amount due or which may become due to the Contractor or from any amount lying with them or under their control.

3.23 PLANT AND EQUIPMENT:

The Contractor shall at his own costs and expenses provide all labour, plant, haulage, transportation of plant and equipment to be used for executing the Contract, all materials, stores etc required for efficiently carrying out and completing the work to the satisfaction of the JNPT.

3.24 INSPECTION AND TESTING OF WORK AT CONTRACTOR'/S AND SUB CONTRACTOR'/S PREMISES:

.1 The Engineer In-charge or his Representative shall have at all reasonable time access to the Contractor'/s and sub contractors premises/work site and shall have the power at all reasonable time to inspect, examine and test the materials & workmanship of the work during its Manufacture. The employer shall depute two engineers for inspection & testing at contractor’s works and sub contractor’s premises for which the necessary co-ordination & arrangements shall be made by the contractor at his cost. The expenses of two engineers deputed for inspection of cranes to contractor’s work shall be deemed to be included in the price of equipment. i.e Travelling from Mumbai to works and back, lodging & boarding, transportations at contractor’s works etc. .2 Only such works will be accepted and paid for which the Engineer Incharge or his authorised representative may certify to be in strict accordance with the Contract. .3 The Engineer In-charge or authorised representative on giving seven days notice in writing to the Contractor setting out any ground of objections which may have in respect of the work, shall be at liberty to reject all or any materials of workmanship in the subject of any of the said grounds of objection which are not in accordance with the Contract. .4 In all cases where the Contract provides for tests whether at the premises of the Contractor or any sub-Contractor or elsewhere, the Contractor except where otherwise specified shall provide free of charges such labour, materials, electricity, fuel, water, stores, apparatus and instruments as may reasonably be demanded, to carry out sufficiently such tests of the work in accordance with the Contract and shall at all time facilitate the Engineer In-charge and his assistant to accomplish such Testing. .5 The cost of all tests and/or analysis effected at the Contractor'/s or sub-Contractor'/s works and on the installation site shall be borne by the Contractor. The cost of independent test and/or analysis which the Engineer In-charge or his authorised representative may cause to be made and which prove satisfactory shall be borne by the Contractor and also the Contractor will be called upon to pay all expenses incurred by the Employer in respect of any work found to be defective or of inferior quality, adulterated or otherwise unacceptable. .6 Third Party Inspecting Agency shall certify the RTYGCs before shipment at Contractor’s site. The Contractor shall give the Engineer In-charge such reasonable notice of the progress of the work and shall intimate the tentative date of shipment & arrival at JNPT well in advance. The contractor shall furnish a certificate issued by Third Party Inspection Agency towards “Ready to ship” prior to transportation of RTYGCs from contractor’s works. .7 The crane without inspection, examination and Testing shall not be prepared for shipment or transportation, as the case may be, without the consent of the Engineer In-charge, as being ready for shipment or transportation. Such passing or consent shall not relieve the Contractor from the liability to complete the Contract Works in accordance with the Contract. .8 The Contractor shall appoint an Internationally reputed Third Party Inspection Agency like Lloyds, ABS, Bureau VERITAS, IRS at his own cost for carrying out stage wise inspection like Design verification including Structural Material, Welding, Sub-assemblies, Painting, Erection, Testing, Commissioning etc. and shall produce the certificates to Engineer In-charge or authorised representative at the time of shipment of the parts of equipment and the same shall be submitted to the Employer before Commissioning of the equipment at site. The third party agency appointed shall also monitor the work progress reports at the contractor’s works and report to the employer in addition to inspection reports. .9 The scope of work of Third Party Inspection at Contractor’s Works and Employer’s site shall be as per the scope indicated at Annex-VI of this tender. Within thirty days from award of work the contractor shall recommend minimum three agencies for the said inspection citing their credentials so that the employer may select one among them. After receipt of written confirmation from the Port, within fifteen days the Contractor shall award the work as per the Scope indicated at Annex – VI of this tender document to the Third Party Inspection Agency (TPIA) as recommended by the Port and furnish the copy of the work order placed on TPIA. The charges payable to third party inspection agency at Contractor’s works and Employer’s site shall be deemed to be included in CIF price of equipment. A copy of tender document along with amendments & clarifications must be issued to the Third Party Inspection agency to understand the contract. .10 Third Party Inspection Agency shall submit fortnightly inspection report to the Employer directly by e-mail.

3.25 TESTING OF EQUIPMENT AT CONTRACTOR'/S AND EMPLOYER'/S SITE

.1 The tests shall include operational and capacity tests. The capacity test for hoist motion shall be with an overload of 10% in excess of the rated working load. The date for operational and capacity test shall be set by the Contractor and shall be informed to Engineer Incharge in advance. The Contractor shall be responsible for any adjustments or corrections found necessary during the test. .2 The Contractor shall arrange to test the equipment for load test by a Competent Agency notified by Dock Safety Inspectorate at Employer'/s site and submit the certificate to this effect to the Engineer In-charge. JN Port shall arrange the test loads in containers required for load testing. .3 Adequate strength of qualified & experienced engineers shall be deputed at JNP site to attend recurring faults on advise of the Engineer In-charge during the testing, commissioning & warranty period. The cost of the same shall be deemed to be included in the quoted price.

3.26 DRAWINGS:

The Tenderer shall submit along with the tender, minimum one copy of each of the following drawings for new RTYGCs as per specifications at clause 1.2 (Vol-II) of tender: .1 General arrangement of the crane offered with principal details and leading dimensions etc. .2 Schematic electric, electronic and programmable controller details. .3 Schematic arrangement of hoist wire ropes and Electric room arrangement etc. .4 General arrangement of the operator'/s cabin, clearly indicating the location of various controls and indicators. .5 Any other special features, which the bidder wishes to highlight .6 Diagram showing stage wise activities of the project. Note: All dimensions of the drawings shall be in Metric units and all writings shall be in English.

3.27 TESTS ON COMPLETION AT EMPLOYER'/S SITE

.1 On completion of fabrication of all items at the Contractor'/s premises and also when Installation/final adjustments at site are completed in accordance with the Contract, the Contractor shall give the Engineer In-charge notice in writing thereof and before making the tests on completion of 7 days'/ notice in writing of the date on which he will be ready to make the said tests in accordance with and in the manner prescribed in the specifications. .2 The tests on completion shall be made on each item when final adjustments and tests are completed at the Contractor'/s premises in the presence of Engineer In-charge or his authorised representative if desired necessary, in accordance with the Contract and also when erection/Installation is completed at JNPT site in accordance with the Contract. .3 If any portion of work fails under the tests to fulfil the Contract conditions, tests of the faulty portion shall, if required by the Engineer In-charge or by the Contractor, be repeated within reasonable time upon the same terms and conditions. .4 The '/Endurance test'/ as per clause 9.6 (Vol-II of the tender document) shall be carried out by the Contractor within one week after the time fixed by the Engineer In-charge for the commencement of commercial operations and if in opinion of the Engineer In-charge the tests are being unduly delayed, the Engineer In-charge may, in writing, call upon the Contractor under three days notice to make such tests. The Engineer In-charge may proceed to make such tests himself, at the Contractor'/s risk and expense. .5 If the Contractor neglects to make the '/Performance test'/ as per clause 9.7 (Vol-II of the tender document), within the time stipulated by the Contractor, the Employer shall nevertheless have the right of using the Installations at the Contractor'/s risk until the '/Performance test'/ are successfully carried out.

3.28 REJECTION OF DEFECTIVE WORK:

.1 If the complete erection/Installation at site or any portion thereof before being taken over, under Clause 3.30 (Volume-I of Tender Document) is defective, or fail to fulfil the requirements of the Contract, the Engineer In-charge shall give notice to the Contractor setting forth particulars of such defects and the Contractor shall forthwith make the defective supply/plant/ Installation good, or alter the same to make it comply with the requirements of the Contract. .2 If Contractor fail to do so within a reasonable time, JNPT may reject and replace the same at the cost of Contractor, the whole, or any portion of the work, as the case may be, which is defective or fails to fulfil the requirements of the Contract. The Contractor'/s full and extreme liability under this clause shall be satisfied by the payment to JNPT, the extra cost, if any, of such replacement delivered and erected. Such extra cost being ascertained shall be deducted from the Contractor'/s bill. .3 If any supply of defective items shall have caused delay in the completion of the Contract so as to give rise to a claim for damage on the part of the JNPT nothing contained in this clause shall interfere with or prejudice any rights of the Employer with respect to such claim.

3.29 DEFECT LIABILITY PERIOD

In this condition the expression '/Defect liability period'/ shall mean a period of 24 months calculated from the date certified at the time of acceptance in accordance with clause 3.31 (Volume-I of Tender Document).

3.30 DEFECTS AFTER TAKING OVER

.1 The Contractor within 4 weeks from the date of communication by the Engineer In-charge, shall be responsible for making good at his expense any defect in or damage to any portion of the Works which may appear or occur during the defect liability period and which arises either: a) From any defective materials, workmanship or Design or b) From any act or omission of the Contractor done or omitted during the said period. .2 If any such defects shall appear or damage occur the Engineer In– charge shall forthwith inform the Contractor thereof stating in writing the nature of defect or damage. The provision of this clause shall apply to all replacements or renewals carried out by the Contractor to remedy defects and damage as if the said replacements and renewals had been taken over on the date they were completed to the satisfaction of Engineer In-charge. Replacements or renewals of parts shall be warranted for a period of 12 months from the date of replacement/ renewals OR completion of Defect Liability Period which ever is later. .3 If any such defect or damages were not remedied within a reasonable time, JNPT may proceed to do the work at the Contractor'/s cost & risk.

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