Checklist For Mechanical Completion
Checklist For Mechanical Completion
Checklist For Mechanical Completion
Table of Contents
1. General Procedures
2. Specific Procedures
1. General Procedures
1.1 Vendor and Service Assistance
Ite
m
Description
Contracto
r
a.
b.
Client
1.2 Inspection
a.
b.
c.
d.
e.
Note: Equipment which has been shop inspected will not be reopened for inspection in
the field except as specifically noted herein.
1.3 Permits
a.
c.
b.
c.
d.
1.6 Housekeeping
a.
b.
1.7 Instructions
a.
b.
c.
2. Specific Procedures
2.1 Electrical Power and Lighting Systems - Account E
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
X
X
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
b.
c.
d.
e.
f.
g.
2.4.2 Field-Erected:
a.
b.
c.
d.
e.
f.
g.
X
X
b.
c.
d.
Note: When vessels have been subjected to a shop test, they will not be further tested
in the field but may be included as part of a piping system test.
b.
c.
d.
e.
f.
b.
b.
c.
d.
e.
f.
Check of vibration
b.
c.
d.
e.
f.
g.
h.
a.
b.
c.
d.
e.
f.
Circulate for cleaning purposes any seal oil, lube oil and
cooling systems
g.
h.
i.
j.
k.
l.
m.
n.
b.
c.
d.
e.
f.
g.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
b.
c.
d.
e.
b.
c.
d.
e.
f.
g.
h.
i.
b.
b.
c.
d.
b.
X*
c.
X*
1. General Procedures
1.1 Vendor and Service Assistance
Contracto
r
a.
b.
Client
1.2 Inspection
a.
b.
c.
d.
e.
Note: Equipment which has been shop inspected will not be reopened for inspection in
the field except as specifically noted herein.
1.3 Permits
a.
b.
c.
b.
c.
d.
1.6 Housekeeping
a.
b.
XX
1.7 Instructions
a.
b.
c.
2 Specific Procedures
2.1 Electrical Power and Lighting Systems - Account E
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
XX
o.
p.
q.
XX
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
n.
XX
o.
XX
p.
q.
r.
XX
s.
t.
u.
v.
w.
x.
y.
z.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
XX
X
X
X
XX
b.
c.
d.
e.
f.
g.
X
XX
X
X
2.4.2 Field-Erected:
a.
b.
c.
d.
e.
f.
XX
g.
c.
d.
X
X
XX
Note: When vessels have been subjected to a shop test, they will not be further tested in
the field but may be included as part of a piping system test.
2.6 Tanks - Account M
a.
b.
XX
c.
d.
e.
XX
f.
b.
b.
c.
d.
e.
f.
b.
c.
XX
d.
e.
f.
g.
h.
XX
X
b.
c.
system, if specified
d.
e.
XX
f.
Circulate for cleaning purposes any seal oil, lube oil and
cooling systems
XX
g.
h.
i.
j.
k.
l.
m.
n.
b.
c.
d.
e.
g.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
XX
XX
a.
b.
c.
d.
e.
b.
c.
d.
XX
e.
XX
f.
g.
h.
i.
a.
b.
b.
c.
d.
b.
X*
c.
X*
1. General Procedures
1.1 Vendor and Service Assistance
Contracto
r
a.
b.
Client
1.2 Inspection
a.
b.
c.
d.
e.
Note: Equipment which has been shop inspected will not be reopened for inspection in
the field except as specifically noted herein.
1.3 Permits
a.
b.
c.
b.
c.
d.
1.6 Housekeeping
a.
b.
1.7 Instructions
a.
b.
c.
2. Specific Procedures
2.1 Electrical Power and Lighting Systems - Account E
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
systems
p.
q.
r.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
X
X
X
t.
X
X
b.
c.
d.
e.
f.
g.
h.
2.4.2 Field-Erected:
a.
b.
c.
d.
e.
f.
g.
h.
b.
c.
d.
e.
f.
X
X
Note: When vessels have been subjected to a shop test, they will not be further tested
in the field but may be included as part of a piping system test.
b.
c.
d.
e.
X
X
f.
g.
Close vessel
b.
c.
b.
c.
d.
e.
f.
b.
c.
piping
d.
e.
f.
g.
h.
b.
c.
d.
e.
f.
Circulate for cleaning purposes any seal oil, lube oil and
cooling systems
g.
h.
i.
j.
k.
l.
m.
n.
b.
c.
d.
e.
f.
g.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
b.
c.
d.
e.
b.
d.
e.
f.
g.
h.
i.
j.
b.
b.
c.
otherwise by Owner
d.
b.
X*
c.
X*
Environmental, Health and Safety Policy, Safety Rules and Site Regulations
Table of contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
General
Safety Policy
Responsibility and Authority
Site Rules and Regulations
Reporting
Safe Practice Rules
Fire Prevention
First Aid Arrangements
Security
1. General
This document is to provide information to SUBCONTRACTOR for executing the WORK. It
gives minimum requirements and may be augmented by Company to give additional
requirements that are specific to a certain location or OWNER.
It does not release SUBCONTRACTOR in any way from his obligation to observe the
applicable legal regulations and requirements.
Key words are as defined in the General Conditions of Subcontract. Such words are
shown in capitals.
2. Safety Policy
2.1 Introduction
It is Company's policy to ensure that each person at the SITE works in a safe and
healthful environment. It is Company's objective to have an accident-free SITE.
To accomplish this, Company has their own Safety, Health, Welfare and Environmental
(SHWE) Program. The purpose of Company's Safety Program is primarily preventive.
Company aims to provide a work environment in which accidents cannot happen.
Conditions which may cause accidents must be located and corrected in a timely way in
order to accomplish this aim.
SUBCONTRACTOR shall prepare his own Safety Plan for the WORK which, as a minimum,
shall cover the requirements as specified in this document.
SUBCONTRACTOR's Safety Plan shall also cover any specific safety items which are
related to the type of WORK which SUBCONTRACTOR is executing.
SUBCONTRACTOR shall submit his Safety Plan to Company for approval. When necessary
Company will augment SUBCONTRACTOR's Safety Plan from their own Safety Plan for the
WORK.
Written safety programs do not always cover a specific work operation. It is expected
that SUBCONTRACTOR will consult with Company regarding safety aspects of all
nonstandard operations and shall perform work location and hazard analysis.
In the final analysis, a common sense approach on the part of everyone concerned is the
best asset in achieving an accident-free SITE.
Company's SITE Safety Management along with the Safety Representative nominated by
SUBCONTRACTOR have responsibility in providing management with the necessary
services and guidance relating to an effective Safety, Health, Welfare and Environmental
Program.
3.2 Line Management
Construction line management at the SITE level is the key to safe working conditions and
must bear the principal responsibility for safety. SUBCONTRACTOR must see that his line
management is properly aware of this responsibility.
3.3 Craft Labor
SUBCONTRACTOR must communicate all SHWE requirements to his personnel.
SUBCONTRACTOR shall ensure that this communication is done in a language which is
understandable for his personnel at SITE.
This must be done through an induction program on arrival at SITE, through regular
toolbox meetings and through daily communication between craft supervision and craft
personnel.
3.4 Authority
3.4.1 Company expects that SUBCONTRACTOR will give his line management full
authority to correct an unsafe condition. SUBCONTRACTOR's safety personnel shall have
authority to stop work and direct remedial action relative to an unsafe condition.
3.4.2 Similarly, Company management and safety personnel have authority to stop
SUBCONTRACTOR's work and direct remedial action.
3.5 Safety Meetings
SUBCONTRACTOR shall be properly represented in all safety meetings. Normally such
representation shall consist of SUBCONTRACTOR's Site Manager and its Safety
Representative, as required.
4.7.10 All personnel on SITE are required to conform to the following minimum rules of
conduct relating to safety while on the SITE and while away from the SITE in performing
work duties.
4.7.11 All personnel on SITE shall wear clothing appropriate to their individual work
assignments in accordance with normal work dress standards. Excessively loose,
severely torn clothing and ties shall not be worn by personnel whose work exposes them
to rotating or reciprocating equipment, such as pipe machines or mechanical hack saws,
band saws, table saws etc. "Tank top" shirts, short sleeve shirts and leisurewear shorts
are prohibited. Nylon/synthetic clothing shall not be worn when working with or exposed
to flammable or volatile substances.
4.7.12 Selling or possessing drugs or intoxicants and alcoholic beverages on the SITE
are prohibited. Any person whose actions and demeanor show symptoms of possible
narcosis or drunkenness shall be removed from the SITE.
4.7.13 Indulgence in practical jokes, horseplay, scuffling, wrestling or fighting on SITE is
forbidden.
4.7.14 Destroying or tampering with safety devices, signs and signals, or the willful and
unnecessary discharging of fire extinguishers is prohibited.
4.7.15 Sleeping on the SITE is prohibited.
4.7.16 Smoking on the SITE within areas posted with "No Smoking" signs is prohibited.
The carrying of strike-anywhere matches and coverless cigarette lighters is forbidden in
areas where such items are prohibited.
4.7.17 Unauthorized operation of powered construction equipment is prohibited. Vehicle
drivers shall have a valid vehicle operator's permit. Equipment operators shall have
successfully demonstrated that they are able to operate the equipment.
4.7.18 Insubordination toward any supervisor or management personnel in respect to
the carrying out of properly issued instructions or orders for safety and health purposes
shall be sufficient cause for initiating disciplinary action.
4.8 Housekeeping Rules
SUBCONTRACTOR shall take all necessary steps to ensure that the SITE and the
TEMPORARY FACILITIES are maintained in a safe, clean, healthy and sanitary condition
and that the environment is preserved. Rules of cleanliness and orderliness shall be
enforced amongst all personnel working at the SITE.
Contaminated soil, waste, refuse and scrap while on SITE shall all be properly stored in
suitable containers and/or at areas designated and must be moved off SITE at regular
intervals so as not to create a danger to personnel and/or the environment.
Government/legal requirements in this respect shall be adhered to. Trucks carrying such
material are subject to the same regulations as other vehicles relative to permits for
removing material from SITE.
In lunch areas, all trash and scrap food shall be discarded in containers placed in the
lunch area for that purpose. Beverages in glass bottles are prohibited. Only thermos,
paper, metal or plastic containers/bottles and cups and the like may be used.
Roads and walkways shall be maintained clean and every effort shall be made to keep
mud, slush and other slippery substances off roads and walkways.
Electrical extension cables and welding cables, water and air hoses shall be placed
where they cannot be damaged, and where they cannot cause damage or injury. If
placed in roadways or pipeways, the cables and hoses shall be placed in a protected
trough or be suspended above the road or pavement surface. In roadways, the height
shall be at least 6 meters; in pipeways, 2 meters. Excess cables, hoses, etc. are to be
removed and cleared away each day.
Spilled oil, grease and other slippery substances shall be cleaned up immediately,
temporarily isolated until cleaned up or sprinkled with enough dirt or sand to absorb the
material and to eliminate slipperiness.
SUBCONTRACTOR shall keep a record of chemicals in use or stored on the SITE and
indicate potential hazards and exposure limits as well as protective clothing/equipment
necessary, fire prevention and first aid requirements. The record shall include chemicals
used for passivation, cleaning, pickling, adhesives, epoxy resins and man-made fibres. All
chemical containers shall be properly labelled and spillage and/or disposal in the
environment must be prevented and, if occurred, reported to Company immediately.
MATERIALS and CONSTRUCTION EQUIPMENT not being used shall be stored safely in
such a way that they will not obstruct other SITE activities.
5. Reporting
5.1 Reporting Injuries and Accidents
Reporting shall be done by SUBCONTRACTOR in line with Company's instructions for
reporting and record keeping of occupational injuries and illnesses.
Each occupational injury and illness shall be reported promptly to SUBCONTRACTOR's
safety representative and to Company in order to ensure that proper and adequate first
aid or medical attention is obtained.
Occupational injuries and illnesses, the first symptoms of which become evident after
completion of the working day, shall be reported to SUBCONTRACTOR's safety
representative and to Company at the start of the next regularly scheduled working day.
All accidents in which SUBCONTRACTOR's employees are involved or which result in
injury or illness to one or more employees of another SUBCONTRACTOR, or other
persons, such as a private vehicle driver, passenger or pedestrian or a SITE visitor, shall
be reported promptly to SUBCONTRACTOR's safety representative and to Company.
All accidents which result in damage to any constructed or partially constructed facility,
or to CONSTRUCTION EQUIPMENT or private property, shall be reported promptly to
SUBCONTRACTOR's safety representative and to Company.
5.2. Reporting Unsafe or Hazardous Conditions
Excavations and trenches 1.5 meters or more in depth and located in unstable or soft
ground, shall be shored or sloped in an approved manner.
Trenches deeper than 1.2 meters and less than 0.65 meter wide shall be classified as an
enclosed area and require a work permit.
Trenches in hard compact material shall be shored or otherwise protected when 2 meters
or more deep and 3 meters or more long.
Sides of trenches may be sloped in lieu of shoring but the slope may not be steeper than
one meter rise for each one-half meter horizontal.
No material shall be stored closer than 1 meter from the edge of a trench or excavation;
this includes the spoil bank, if any.
Barricades, handrails, signals or other appropriate warning devices to protect personnel
from any hazardous operation or excavation shall be provided. Open trenches,
excavations etc. shall be covered when handrails or barricades do not provide adequate
protection.
All excavations shall be illuminated at night with approved amber lights. These shall be
explosion-proof, transistorized flashing beacons of approved safety type.
Excavations and trenches shall be inspected daily by a competent person. If there is
evidence of slides or cave-ins, all work in the exposed area shall cease until necessary
precautions have been taken for the protection of personnel.
Exploratory holes shall be dug by hand in all areas where known or suspected
underground cables or pipes are located. Machine excavation closer than 1 meter to any
underground cable or pipe is forbidden.
6.5 Floor Openings, Holes and Edges
Floor openings or holes shall be protected by approved guard rails or covers. If covers
are used, they shall be strong enough to support the loads to be imposed upon them and
shall be secured to prevent accidental displacement.
All work areas, walkways, floors, platforms etc. elevated 1 meter or more shall be
guarded by approved guardrails/barricades properly secured to prevent accidental
displacement.
Ladderway floor openings or platforms shall be guarded by standard railings with toe
boards on all exposed sides, except at entrance to opening where a gate should be
provided or so arranged that a person cannot walk directly into the opening.
Hatchways and floor openings shall be guarded by railing and toe boards on exposed
sides when the hole is open and a hinged cover of standard strength used when the hole
is not in use. If the openings are not used, they shall be covered with materials of
adequate strength.
Where doors or gates open directly on a stairway, a platform shall be provided and the
swing of the door shall not reduce the effective width of the platform to less than 0.5
meter.
6.6 Wall Openings
Wall openings, from which there is a drop of more than 1 meter, shall be guarded as
follows:
1. When the height and location of the opening in relation to the working surface is
such that a standard rail and midrail will effectively reduce the danger of falling,
both shall be provided.
2. The bottom of the wall opening shall be protected by a standard toe board or an
enclosing screen.
An extension platform outside a wall opening, onto which materials can be hoisted for
further handling, shall have side rails or equivalent guards. One side of the extension
platform may have removable railings in order to facilitate handling materials.
6.7 Stairways
Each flight of stairs having four or more risers shall be equipped with handrails.
Stairways shall have stair railing on each side.
Stairways shall be free of hazardous projections, such as protruding nails. Debris and
other loose material shall not be allowed on or under stairways. Slippery conditions on
stairways shall be eliminated immediately after they occur.
All stairways must be well lit.
Riser height and tread width shall be uniform throughout any flight of stairs, including
any foundation structure used as one or more treads of the stairs.
Spiral stairways shall not be permitted except for special limited usage and secondary
access situations where it is not practical to provide a conventional stairway.
6.8 Hand Tools
Worn or broken hand tools shall be turned in for repair or replacement. A dull or broken
tool is unsafe.
Hand tools shall be used for their intended purpose only. The design capacity of hand
tools shall not be exceeded by unauthorized attachments.
6.9 Power Tools
Electrically powered tools and equipment shall be of double insulated quality and shall
conform to the applicable standards/norms. Air hose connections shall be secured to
prevent whipping in the event of accidental separation. Operating switches or levers
requiring constant pressure for operation, shall not be tampered with to make the tool
operate without constant hand or finger pressure.
The maximum speed at which grinding wheels shall be used shall equal or be less than
the manufacturer's rated maximum speed for the wheel.
Safety glasses shall be worn by the operator and shall be of an approved type.
6.10 Explosive Actuated Tools
Only authorized and properly trained personnel may use explosive actuated tools; all
such tools shall be used in accordance with manufacturer's instructions and applicable
regulations.
6.11 Electrical Extension Cords
Only approved types of electrical extension cords shall be used; they shall be properly
grounded. Damaged or inoperative cords shall be immediately repaired or replaced.
6.12 Work on Electrical Installations
Work on electrical installations shall only be executed by qualified and authorized
personnel. All electrical equipment shall be de-energized before the work may start.
Metal ladders shall not be used in proximity of non-insulated electrically energized lines
or equipment.
All temporary electric power lines shall be handled as if they are energized.
6.13 Welding
6.13.1 Electrical Welding
Welding cable shall be connected in an approved manner. There shall be no exposed
metal parts in any splice. Welding cable shall be inspected regularly. Splices shall be
avoided.
The ground cable shall be attached as close as possible to the work piece by means of a
clamp. The ground cable shall not be attached to an existing installation or apparatus.
Welding of the ground cable is forbidden. No concrete reinforcing shall be used for
grounding purpose.
Welding equipment shall be installed so that it can be seen by the welder during welding
activities. Welding equipment may not be placed in the path of falling sparks.
Cables shall be kept clear from passage ways, ladders and stairs. When subject to
damage, cables shall be protected by suitable covers.
When not in use, diesel welding machines, generators and transformers shall be
switched off. When in use, they shall be protected by suitable covers. Refueling
operations shall be done with the machine turned off.
Hot electrode holders shall not be dipped in water. This may expose the welder to
electrical shock.
Welding equipment shall be inspected regularly.
No work involving a source of ignition shall be attempted near any pit, manhole, open
sewer, drain vent, pipe trench or any enclosed space where there is reason to believe
that flammable vapors may be present, until tests have been made with an approved
hydrocarbon vapor detector and oxygen detector. When said tests indicate the
atmosphere is safe, work may proceed.
At locations similar to the ones above, where there is reason to believe that toxic gas
may be present, similar tests with an approved toxic gas detector and oxygen detector
shall be made. No work shall be performed in the location until said tests indicate toxic
gas concentrations lower than the maximum permissible.
6.16 Fueling Equipment
No gasoline or diesel engine shall be fueled while it is running.
If fuel cans are used for refueling, they shall be approved metal safety fuel cans with a
flash arresting screen, spring closing lid and spout cover that will safely relieve internal
pressure if the can is exposed to fire.
There shall be no smoking or open flames within 8 meters of fuel storage tanks, fuel
pumps or refueling operations. All fuel storage tanks shall be properly grounded in an
approved manner; such electrical grounds shall not be removed without authorization.
6.17 Vehicle Operation
Each vehicle driver and operator of rubber-tired construction equipment shall comply
with job speed limits and traffic control procedures.
No vehicle with an obstructed view shall be backed up unless it is equipped with an
operating back-up alarm signal that is audible above the surrounding noise or unless an
observer signals that it is safe to do so.
6.18 Crane Operation
All cranes and lifting equipment shall have a valid crane certificate before entering the
work site. The equipment shall be inspected as required by law on a regular basis and a
valid crane certificate shall be in SUBCONTRACTOR's possession at all times the
equipment is on the site. A copy of inspection reports shall be submitted to Company's
Safety Engineer.
Outriggers shall be used at all times, except when the crane is travelling. If the crane is
provided with a load, every reasonable effort shall be made to keep the outriggers
extended as far as is practical.
Hand signals to crane and derrick operators shall be those prescribed by the applicable
standards for the type of crane in use. The use of two way radio is advocated.
Overhead electrical lines within the work area shall be marked with warning signs, 1.5 to
2 meters above the ground.
Rigging and boom changes shall be made by a competent mechanic under the
supervision of a qualified supervisor.
Loose material shall not to be lifted other than in approved skip boxes.
All loads shall be verified as to the weight prior to being lifted. No load shall be lifted
which exceeds the manufacturer's rated capacity of the crane. When one of the following
conditions exists, SUBCONTRACTOR shall submit a safety plan and calculations for the lift
to Company prior to starting the lift.
a. The lift requires stopping operations within an area around the load and crane.
b.Two booms are required to make the lift.
c. Poles or derricks have been erected for the specific lift.
d. Heavy and/or critical lifts at Company's discretion.
When mobile equipment is used near overhead power lines or bus bars, safe working
distances shall be observed.
Electrical shielding of power lines shall be executed when minimum clearance distances
cannot be maintained. The use of "TATTLETALES" is recommended to mark safe
clearances.
The Company Safety Engineer shall be informed before work is started near these lines.
Adequate protection for underground cables and/or pipelines shall be provided. When
crossing underground cables and/or pipelines with heavy equipment and/or loads,
adequate mats or steel plates shall be used to prevent damage. During hoisting
operations, the load shall be controlled from the ground by means of one or more ropes,
"tag lines" to prevent the load from turning or swinging.
The operator shall be able to observe the load continually during lifting. Mirrors shall be
provided whenever necessary to give full observation. Operators of lifting equipment
shall do the following at the end of the workday:
a. Put down the load.
b. Lift the hook (put down dragline bucket).
c. Switch off motors, disconnect tension.
d. Close cabins and make operating equipment inaccessible for unauthorized people.
e. Take all necessary measures to safeguard the engine and boom at the end of the shift.
f. Cranes shall boom down, where possible or secure the load line at the end of the shift.
All slings and lifting cables shall be certified in accordance with legal regulations and
inspected on a scheduled basis with faulty slings and cables being destroyed.
6.19 Man Baskets and Boatswain's Chairs
The use of man baskets and boatswain's chairs shall only be permitted when all other
avenues to safely perform the work (scaffolds, ladders) have been exhausted.
The use of these devices shall be in strict accordance with all legal regulations. Personnel
using these devices shall be protected by a safety belt and a lifeline.
Man baskets and boatswain's chairs shall be visible to crane or rig operators at all times.
6.20 Work with Ionizing Radiation
All work involving ionizing radiation shall be executed in strict accordance with all legal
regulations and ICRP requirements regarding the use, storage and transport of radiation
sources.
Ionizing radiation work may only be executed when a valid work permit is available.
A minimum of 2 qualified persons are required for each activity involving ionizing
radiation.
Adequate warning signs shall be posted on barricades and the work area shall be marked
off at safe distance with plastic tape prior to starting work involving ionizing radiation. No
radio-active material shall be left unattended unless stored in the designated storage
place.
Personnel executing radiation activities shall carry radiation metering devices at all
times. These devices shall be calibrated at regular intervals.
While not in use radiation sources and their container shall be stored in a safe location.
Adequate warning signs shall be placed around the storage area.
For permanent sources to be mounted in erected equipment, storage facilities will have
to be created according to ICRP requirements. A competent person shall be nominated.
6.21 Work with Asbestos Materials
Materials containing asbestos have been condemned worldwide. No materials containing
asbestos fibers must be used. When working in or on existing installations there could
still be some equipment/material in situ which contains asbestos fibers. When working on
such equipment/ material, utmost care must be taken to ensure that dust containing
these fibers is kept localized and to a minimum density. Local health regulations relative
to asbestos must be adhered to.
A guide to protect personnel executing work involving asbestos is stated below:
create changing facilities with showers in between a "clean" area and the work
area. Each person must shower himself prior to entering the "clean" area;
wear a minimum of clothing under disposable overalls;
discard disposable overalls each time one leaves the contaminated area;
wrist and ankle openings must be taped off around rubber boots and gloves;
full face gas mask with appropriate filter must be worn over the overall hood;
when removal of contaminated material is completed, all dust must be sucked up
with an industrial vacuum cleaner with inner bag. Waste material inclusive of
overalls, gloves, boots and filter cartridges must be placed in plastic bags and
clearly marked "asbestos waste";
plastic bags are to be disposed off according to local regulations and
requirements.
7. Fire Prevention
7.1 Introduction
This section covers Company's requirements for fire prevention. SUBCONTRACTOR shall
provide fire prevention facilities and shall make fire prevention arrangements on the
basis of these requirements.
7.2 Fire Reporting
a. the person discovering a fire shall alert all personnel in the immediate vicinity and
shall immediately thereafter follow the published instructions relative to reporting fires;
b. the emergency phone number(s) for reporting fires are to be prominently displayed.
7.3 Supervision of Fires
When a fire occurs, the nearest supervisor shall be responsible for all immediate fire
suppression or control WORK until relieved by appointed/authorized personnel.
7.4 Fire Extinguishers
7.4.1 The location of fire extinguishers shall be known to all personnel.
7.4.2 Tags shall be used to indicate condition and date of inspection of fire
extinguishers. Damaged, malfunctioning or empty fire extinguishers shall be repaired or
refilled in a timely manner.
7.4.3 Fire Extinguisher DistributionThe location of permanently mounted fire
extinguishers shall be clearly marked and free access maintained. They shall not be
transferred from established locations. Fire extinguishers, suitable for the various classes
of fire and with a content of at least 9 kg powder, shall be located as follows:
a. Portable or permanently mounted fire extinguishers shall be available throughout the
SITE within 15 meters of any ongoing work involving welding, burning or use of open
flames.
b. At least one permanently mounted fire extinguisher shall be provided in each building,
preferably near a door, and additional fire extinguishers mounted as required to have
one within 30 meters of any point inside the building.
c. Each item of industrial mobile equipment, including all welding machines, having
diesel or gasoline engines, shall have a permanently attached mounted extinguisher.
d. At fuel or combustible material storage areas, extinguishers shall be located within 15
meters of any point on the perimeter of the stored material. In addition, these areas are
to be fenced in, identified with signs restricting and prohibiting vehicle access, fire
ignition sources and smoking. Aisle fire breaks shall be provided whenever combustible
materials are stored.
e. A "BCF" fire extinguisher shall be mounted at each large electrical installation, such as
a substation, transformer, generator or motor control center.
f. Regardless of the minimum number of fire extinguishers determined to be necessary,
additional extinguishers shall be placed adjacent to scattered or widely separated
hazards, welding shops, gasoline dispensing points, store rooms, fuel areas, and
construction areas.
Extinguishers shall be maintained in a fully charged and operable condition, and kept in
their designated places at all times when not in use.
7.5 Housekeeping
The following rules must be followed:
k. "No Smoking" signs shall be placed conspicuously in and around storage locations, and
carrying open lights, matches, lighters and the like shall be prohibited.
7.8 Heaters
a. All temporary gas heaters shall have a minimum clear space of 1 meter from the front
and both sides. The back of the heater, if not provided with a shield, shall be at least 1
meter away from the wall. Gas lines on LPG (propane) gas heaters shall be equipped with
an approved pressure regulator, and all gas lines inside the structure shall be protected
from impact damage. The heater shall be anchored to the floor of the structure or
immobilized in some other manner. All such heaters shall have an approved pilot valve,
which cuts off the gas flow in the event of flame loss.
b. Gravity flow oil heaters shall be equipped with an automatic flow valve or an
equivalent device that will stop the flow of oil in the event of flame loss.
c. Electric heating units in wooden buildings shall be provided with adequate guards and
placed on a plate of fire resistant material.
d. Clothing shall not be hung over heaters, nor shall objects be placed on the heater.
7.9 General fire Prevention Rules
a. The area around welding/cutting or other flame producing operations must be kept
free of flammable materials of all kinds.
b. Welding/cutting or any spark or flame producing operation must be stopped within a
radius of 10 meters during refueling operations. All motors shall be switched off during
refueling.
c. All tarpaulins used shall be fireproof.
Such arrangements will be published throughout the SITE with procedural instructions as
to authority and responsibility for contacting these medical support facilities.
8.3 First Aid Nurse
On specific construction projects Company may employ a qualified first aid nurse with a
fully employed first aid room provided. On such projects first aid and medical attendance
will be provided by this central facility. SUBCONTRACTOR, however, is still required to
have his own first aid kits and attend to the minor injuries as referred to above.
9. Security
9.1 Introduction
The regulations included in this section shall be strictly followed by SUBCONTRACTOR on
SITE.
9.2 Identification
At all times, all personnel on SITE must possess an identification card or badge in a form
approved by Company. Such identification shall also be used to gain access to the SITE.
9.3 Visitors
Visitors are subject to all rules of identification, safety and discipline. Before entering the
SITE, visitors shall receive a pass from the guard listing name, firm, person to be visited,
date and time of entrance and other pertinent information. The person visited shall
record time of departure on the pass and sign it. The visitor shall return the pass to the
guard on departure.
9.4 Guards Services
Security guards will be instructed by Company/OWNER only. All incoming and outgoing
personnel, visitors and traffic will be controlled by the guard. The guard's authority
includes the right to search any person or vehicle before entry or exit and to refuse
entrance to SITE to any person not meeting security requirements.
9.5 Movement of Material
All MATERIALS, CONSTRUCTION EQUIPMENT and TEMPORARY FACILITIES leaving the SITE
shall be accompanied with an Out Shipment Report (Form No. BN-UC-18) signed by
Company.
9.6 Fencing
SITE fencing, or the modification or removal thereof may only be executed with the
written approval from Company.
9.7 Material Storage
SUBCONTRACTOR shall provide adequate security fencing in his storage area to protect
materials which have to be stored outdoors. High risk materials shall be stored in a
locked warehouse only.
9.8 Lost/Found Objects
When objects have been found or lost at SITE this shall be immediately reported to
Company.
Standard (Template) Construction Phase Environment, Health and Safety
Table of Contents
1. Introduction
2. Company Safety, Health, Welfare and Environmental Policy
3. Governing Rules, Organization and Responsibility
4. EH&S Awareness
5. Communications
6. EH&S Inspections and Audits
7. Work Permits
8. Risk Analysis
9. Site Rules and Regulations
10. Environmental Issues
11. Temporary Buildings, Offices, Stores, Change Rooms, etc.
12. First Aid
13. Accidents/Injuries/(Near-Miss) Incidents
14. Fire Prevention and Fire Fighting
15. Additional EH&S Requirements and Guidelines
16. References
17. Attachments
1. Introduction
1.1 General
This Environmental, Health and Safety (EH&S) Plan is applicable to the construction
phase of the .....................project. Where practical in this plan the words Environmental,
Health and Safety will be abbreviated to EH&S.
1.2 Project Description
The project comprises of...
The scope of the project includes:.......
For more details see ref. 16.1 and 16.2.
Address any special site conditions such as: H2S, NH4, contaminated soil, etc.
1.3 Purpose and Scope
Purpose
To establish and specify the EH&S policy, procedure, rules and regulations for the
construction phase of this project in order for it to be executed in compliance with
Companys EH&S policy and for it to be exemplary for projects in the industry.
To identify and correct conditions that can be the cause of accidents/environmental
incidents.
To define areas of responsibility, authority and activity related to operational,
administrative and auditing duties. To be cognizant of client (fill in client name) and
authority requirements and to provide this information to all relevant parties.
Scope
All construction activities as per the main contract between Company and (fill
in client name) within the boundaries of Companys site(s).
1.4 Applicable Documents
This plan shall be read in conjunction with the following documents:
EH&S requirements (ref 17.3)
Subcontractors EH&S plans
Other
applicable documents:
Project Procedure and Execution Manual - PPEM (ref. 16.1)
Construction Procedure and Execution Manual - CPEM (ref. 16.2)
Field Construction EH&S Program (ref. 16.3)
3.3.1 General
Company as well as the individual subcontractor(s) will take responsibility for an
effective implementation of the EH&S Plan. In order to achieve this effective
implementation, delegation of EH&S responsibilities is necessary.
All Company site management personnel have the authority to stop work if an unsafe
condition exists and have to ensure that immediate remedial action is taken.
Subcontractors must ensure that their supervisors have the same authority to stop work
and to initiate remedial action if an unsafe condition exists. Subcontractors' EH&S plans
shall state this authority.
Company
The prime responsibility for safety, health, welfare and environment on site rests with the
Project Construction Manager.
Responsibility for the implementation, acceptance and enforcement of the EH&S plan is
with the construction line supervision. They are the key to the effective prevention of
accidents and the preservation of the environment through effective control of site
operations.
The Company Safety Engineer has responsibility in providing management and line
supervision with the necessary services, guidance and promotion activities relating to an
effective EH&S implementation.
The standard responsibilities and authorities of the individual Company site functions can
be found in ref. 16.3.
Any project specific deviations from the standard shall be addressed here.
Subcontractor
The subcontractors Manager in charge at site is responsible for EH&S for his specific
scope of work and for proper communication with Company and other subcontractors.
He is also responsible for the proper dissemination of applicable rules, regulations and
instructions among his and his subcontractors personnel.
Each subcontractor establishes a safety plan and he shall appoint a site EH&S
representative and must see to it that its line managers on the site are properly aware of
their EH&S responsibility and that all EH&S requirements are communicated to their
personnel. (Check for specific project authority regulations concerning the
minimum number of employees above which a full time qualified EH&S
Representative must be appointed by the subcontractor.)
Education and training of personnel is one of the most important aspects of an effective
EH&S implementation. It is every subcontractors responsibility to ensure that his
employees have had the necessary education and training to execute the work.
Company will require subcontractors to document that these requirements are met.
3.4 All Personnel at Site
4. EH&S Awareness
4.1 General
A major factor in the creation of a working environment with awareness of safety, health,
welfare and protection of the environment is the deployment of sufficiently trained,
skilled and motivated personnel.
4.2 Education
All personnel at site must have had the necessary education and training to execute
their own work. Company and subcontractors must be able to prove that these
requirements are met.
The following qualification records will be required as a minimum for personnel or
activities:
crane operators;
welders;
drivers of equipment/vehicles;
electrical switching
scaffold builders.
also a plotplan showing escape routes and personnel assembly areas in case of alarm
and site evacuation.
Instructions as to the immediate reporting of accidents/incidents to the responsible staff
as well as the requirement to obtain first aid treatment for all injuries ( no matter how
minor ) shall also be provided.
Additional induction shall be given to all personnel as the job progresses and conditions
change. Typically this should take place upon construction going into mechanical and
piping erction phase, at start of commissioning as well as prior to major shutdown
actvities.
A record shall be kept as to all personnel that attended the induction with signature for
receipt of the site rules and safety regulations.
4.4 Tool Box Meetings
Weekly (check frequency) Tool Box Meetings must be held. During these meetings,
subcontractor(s) shall inform their personnel about specific EH&S subjects. More
information about tool box meetings is given in paragraph 5.3.6. (Check paragraph
number.)
4.5 Special Instructions
TO BE REVIEWED
Certain activities are considered high-risk activities (see paragraph 8.1). (Check
paragraph number.) For these activities Company and/or subcontractor shall provide
special working procedures and instructions in order to minimize the risk and to execute
these activities as safely as possible.
Activities that are likely to require special working procedures and/or instructions are:
CHECK LIST WITH PROJECT SPECIFIC SPECIAL WORKING PROCEDURES
For work under permit conditions a work permit procedure will be applicable (refer
paragraph 7.1). (Check paragraph number.)
4.6 Emergency and Evacuation Drills
Details about emergency and evacuation drills can be found in attachment 3.
4.7 EH&S Motivation/Information
4.7.1 EH&S Motivation
Personnel motivation is an important part of any EH&S program. Without the proper
EH&S motivation, the employees as well as the supervisors may develop poor work
habits and conditions. Thus, the injury rates may increase and the quality and
productivity may decline. EH&S, as the work progresses, is a step-by-step matter and
must be continually emphasized.
Therefore, an EH&S promotion program will be initiated on this project to enhance
personnel EH&S motivation. Promotion will be obtained through publicity bulletin boards,
signs, posters and the like. Furthermore an EH&S Awareness and Recognition Program
has been developed. (Check what is applicable for specific project.)
Personnel safety slogans and poster contests will be used with appropriate awards to
help reinforce personnel safety consciousness. (Check applicability for this specific
project.)
Company and subcontractors management staff shall support motivation of personnel
EH&S awareness by encouraging a good attitude and by personal contact and
recognition. Personal contact shall include project management attendance at EH&S
meetings and tours of the site and expressed interest and concern for EH&S.
Companys and subcontractors Construction Management staff are the most vital parties
in this system that is designed to stimulate and reward the personnel for exemplary
performance in the execution of their tasks with the proper awareness of EH&S.
Tools to further motivate personnel are:
Bulletin Boards
Bulletin boards are used to advantage in displaying safety posters, safety bulletins and
(for instance) damaged safety protective equipment, such as safety glasses, hard hats
and face shields that have prevented workers from being injured. Bulletin boards are not
to be cluttered and the material they display shall be changed frequently.
Gate Board
Near the entrance of the site or at Companys work area a board displaying safety
statistics must be placed. In this respect due observation has to be made of any client
rules/ instructions.
4.7.2 EH&S Information
Visual aids are an important part of every accident prevention program. The more
carefully they are selected, the better the results. Some of the visual aids that may be
used are:
Posters
Posters are to be displayed widely throughout the site. A bulletin board near the entrance
gate is an effective place to display safety posters. Posters are to be displayed in change
houses, field offices, warehouses and other conspicuous locations. Posters shall be
changed periodically. The local safety authorities should be contacted as to where
posters and publications can be obtained. Also, consult with the Home Office
Construction and Safety Departments.
Instruction Films
Instruction films are an asset in a construction accident prevention program. The Safety
Engineer should make inquiries as to the availability and source of films. Films are shown
preferably as part of a safety induction.
It can be considered to make a project specific instruction film.
Safety Signs
Safety warning signs made of material that will withstand weather conditions are to be
displayed throughout the site wherever physical hazards warrant their use. Special signs
such as "Men Working Overhead" or "Falling Material" are to be removed once the work
has been completed.
4.8 EH&S Recognition
All personnel must be continuously encouraged and motivated to work with proper
awareness of EH&S. For this reason and to create a competitive atmosphere among the
subcontractors and their personnel Company, in cooperation with the client and
subcontractors, has implemented an EH&S Incentive/Award Program.
Check whether this program is applicable for this specific project, if so add
information as appropriate. If not remove this section. Details may be covered
in an attachment (attachment 4). (Check attachment no.)
5. Communications
5.1 Kick-off Meeting
Prior to commencing their work at the job site a kick-off meeting shall be held with the
individual subcontractor(s). During this kick-off meeting the site EH&S Plan requirements
and security for the site shall be discussed with the purpose of providing the
subcontractor with the necessary information and to ensure his understanding and
application thereof.
5.2 Project EH&S Committee/EH&S Meeting
A project EH&S committee shall be established for this project.
The Company Project Construction Manager will serve as chairman of the EH&S
Committee. Minutes of all meetings are to be prepared and distributed to the members
of the committee, to all Company and subcontractors' staff, the Home Office and client.
(Replace with client name.)
Personnel that will serve on the EH&S Committee are:
(Check for this specific project.)
The project EH&S committee shall meet once a month (check the frequency for this
specific project) and, in addition, as required by the Project Construction Manager, e.g.
in case there has been a major accident or special hazardous situation.
During the regular meetings this EH&S plan, the safety performance and accident
statistics shall be reviewed. As required, improvement or corrective action responsibility
shall be identified and assigned. (Check if applicable for this project.)
5.3 Other EH&S Meetings
Remove meetings that will not be held for this specific project. Add meetings
not mentioned here. Also consider combining relevant meetings. The decision
is with the Project Construction Manager.
5.3.1 EH&S Meeting with Client
Periodical (check frequency) EH&S meetings shall be held between client (client
name) and Company.
transport routing;
heavy lifts;
underground activities;
work in confined spaces;
work overhead;
density of the area;
etc.
7. Work Permits
7.1 Work Under Permit Conditions
7.1.1 Introduction
Adjust this paragraph in order to implement the correct work permit system
Work permits are used to authorize work in certain dangerous circumstances or locations
e.g. an operating plant, deep excavations, confined spaces, unknown underground
condition of a site, work on facilities that have already been handed over to the client
and any other work at other hazardous locations or in circumstances requiring a permit.
Subcontractor is responsible for taking all precautions and for the safe execution of the
work. The issuing and receipt of work permits or safety permits for work in areas where
such permits are required does not relieve subcontractor from its responsibilities.
It is forbidden to start any work without a work permit if a work permit is required for the
specific activity.
The applicable work permit system is included in attachment 6. (Check attachment
no.)
Subcontractor's supervisors are responsible for ensuring that their personnel, working
under a work permit, follow the relevant regulations and instructions.
Personnel must check the work permits for clarity and all signatures placed before they
start working. If there are any questions about the work permit, they must contact their
supervisor.
Work Outside Normal Working Hours
During the project it may be necessary to work outside normal working hours. If this
situation occurs the work must be executed in accordance with the applicable authority
regulations and with the work permit system. Supervision is a mandatory requirement
under those circumstances
7.1.2 Work Permits
This paragraph is optional for mentioning several work permit systems or
some specific situations like working in special areas (substations, caverns,
etc.). If there is no need for this information the paragraph can be left out.
In this paragraph an overview is given of the work permit system(s) used for the project.
Details can be found in attachment 6. (Check attachment no.)
7.1.3 Instructions/Training Work Permit Requests
Check per specific project what requirements exist before a person is
authorized to fill in a work permit request.
8. Risk Analysis
8.1 High Risk and Criticality Study on Construction Work
Check whether this is applicable for this specific project (a High Risk And
Criticality Study on Construction work is required in EC Countries).
For certain activities a High Risk and Criticality Study on Construction Work
(attachment 7) (check attachment no.) will be carried out during the design phase in
order to minimize risks and to optimize safety in construction activities. The report shall
list the design actions identified and taken. Remaining identified risks that are to be
addressed during the construction phase , shall be brought to the attention of the
construction team. Normally Project Construction Management will be involved in these
High Risk and Criticality Studies. It is Construction Managements responsibility to
inform subcontractors sufficiently about these High Risk and Criticality Studies.
Subcontractors shall implement these studies in their Job/Safety Analysis and their
planning of activities. The Construction Management Team shall verify the proper
implementation by the subcontractor(s).
8.2 Company Site Risk Assessment
The list of actions to be taken as a result of the High Risk Study shall be updated with
new unforeseen developments during the construction activities.
Managerial Safety Analyses shall be performed in case of an unusual construction
approach or in case of complex multi-discipline activities.
Safety risks for the next three weeks shall be reviewed and the need for the preparation
of (non standard) Job Safety Analyses shall be brought to the attention of the
subcontractor(s) involved.
8.3 Job Risk/Safety Analysis During Construction
Job Risk/Safety Analyses are applied to established the most safe, effective and
systematic way for the execution of work that carries extra risk or danger.
The responsibility for the preparation of the Job Safety Analyses is with the involved
subcontractor. Depending on the complexity and severity of the activity to be addressed
Company will participate. The cooperation in the preparation and review by the parties
involved is highly recommended.
For each such work a job safety analysis must performed. Analyses prepared by
subcontractors must be submitted to Companys Safety Engineer for review and
approval. The job safety analysis shall be executed for, but not be limited to, the
following activities:
Check/add items for this specific project:
Check per project if guidelines like the following are applicable and which
time-frame shall be used.
For work in this category subcontractor is required to submit to Company a plan for their
activities for the following three weeks. This shall be a continuous process. The plan shall
contain information on risk identification and analysis and mitigating actions shall be
stated.
A more detailed description of the Job Risk/Safety Analysis during construction is
provided in ref. 16.3. and 16.4. (Check ref. no.)
responsible for returning the ID cards, badges and/or gate passes as soon as his
personnel is no longer employed at the job site.
9.2 Security
This paragraph contains possible items. Check whether items need to be
removed/ added or corrected. Check whether certain items are covered by a
standard document from client and incorporate this document.
Identification
At all times, all personnel on site must possess an identification card, badge and/or gate
pass in a form approved by Company. Such identification shall also be used to gain
access to the site.
Advance Notice About Personnel
Advance Notice of arrival of all personnel shall be given to Company at least seven days
before arrival. Access will be permitted by the Gate Guard only upon receipt of a filled in
and signed personnel form. (Check for this specific project.)
Transport of personnel
It is the subcontractors responsibility to arrange personnel transport to, from and at the
site. The driver shall ensure that only persons with valid access to the site are allowed in
the transport vehicles. The Guard at the Gate has the right to check access/ID cards
upon personnel entering the site.
Vehicle Permits
Transport is to be kept to a minimum. Only vehicles used in the daily work will be allowed
entrance to the site. Entrance permits for subcontractor vehicles will be issued by
Company upon receipt of the following information:
Personal vehicles will normally not be allowed in the Construction Area unless special
written approval has been obtained from Company.
Traffic Rules
The applicable traffic rules and regulations with respect to driving on site, shall be strictly
adhered to. National or client rules and regulations may be augmented by Company to
suit site circumstances.
All vehicles must be parked within the designated areas. If there is not enough parking
space, additional space may be allocated by Company.
For transportation of equipment and materials to the construction area, designated
routes must be followed.
It is forbidden to block roads with vehicles or equipment or by work activities without
special permission from Company.
Maximum speed on site roads is (fill in speed). Maximum speed for mobile cranes is
(fill in speed). It is not allowed to overtake other vehicles.
Blocking of access to fire hydrants is not permitted.
Powered construction equipment
Unauthorized operation of powered construction equipment is prohibited.
Drivers/operators shall have a valid operator's permit for that type of equipment.
Equipment operators may be required by Company to demonstrated that they are able
to operate the equipment.
Restricted Areas
From time to time various areas of the site may be designated as restricted for some
reason. Notices of these areas will be issued by Company in writing. All personnel are
expected to observe the conditions laid down in these notices.
Such restrictions can be indicated as follows:
If it is necessary for vehicles to enter restricted areas, special approval from Company is
required and the entrance permit procedure is to be followed.
Visitors
Visitors must meet all rules of identification, safety and discipline. Before entering the
site, visitors shall have received a pass from the Gate Guard listing name, firm, person to
be visited, date and time of entrance and other pertinent information.
The person visited shall record time of departure on the pass and sign it. The visitor shall
return the pass to the guard on departure.
Visitors must be met at the gate by the visitor recipient or his delegate and must be seen
to the gate once leaving. Visitor recipient must be authorized. Visitors must be escorted
around by the recipient during their entire visit.
Cars belonging to visitors must be parked outside the gate. Only visitors that have a
direct or indirect connection with the work will be admitted. It is not allowed for any
visitors to perform any work at the site without prior approval from Company.
Delivery/Collecting of Materials/Goods
Deliveries/Collections must be cleared by the Gate Guard and the consignee is
responsible for escorting the vehicle and ensuring it leaves the site after delivery is
completed.
Security/Guards Services
Security/Guard services will be provided by client. (Replace with client name.)
Security guards will be instructed by Company/client. (Replace with client name and
check what is applicable for this specific project.)
All personnel, visitors and traffic entering or leaving the site will be controlled by the
Gate Guard.
The guard's authority includes the right to search any person or vehicle before entry or
exit and to refuse entrance to site to any person not meeting security requirements.
Movement of Material
Check what is applicable for this specific project.
For any outshipment from the site, a Company approved Outshipment Report (ref. 16.15)
(check ref. no.) must be available.
Fencing
Erecting site fencing, or the modification or removal thereof may only be executed with
the written approval from Company.
Materials Storage
For regulations with respect to the storage of materials see also paragraph 10.2. (Check
paragraph no.)
Subcontractor shall provide adequate security fencing in his storage area to protect
materials which have to be stored outdoors. High risk or weather sensitive materials
shall be stored in a suitable warehouse only.
Explosives, inflammable and other hazardous materials shall not be brought onto the site
or stored on the site without prior approval from Company.
Lost/Found Objects
If objects have been found or lost at site this shall be immediately reported to
Company/the Gate Guard. (Fill in what is applicable for this specific project.)
9.3 Personnel Control
Check personnel control system for this specific project
Personnel will check-in before start of work and check-out at the end of the working day.
This will be registered through electronic time control or otherwise. (Check for this
project.) This enables presence control and administration of working hours for
authority purposes.
Subcontractor shall provide all information concerning time administration to Company
upon Companys first request.
The subcontractor manhours expended shall be reported to and in a format as required
by Company to serve as a basis for safety statistics.
Company may make personnel counts during which the subcontractor shall assist as
required by Company.
9.4 Personal Protective Clothing, Safety Gear and Equipment
Check whether items have to be removed/added and what clients local
requirements are.
9.4.1 General
On site the use of the following personal protective gear is mandatory:
safety helmet;
certified eye protection;
safety shoes or boots;
safety gloves depending on the type of work;
clothing completely covering body, arms and legs.
ear protection where required;
fire retardant clothing for personnel carrying out work in life plants or tankfarms.
Exceptions to the above are:
if in closed vehicles and buildings not under construction, where no protective
gear is mandatory.
if on roads open for traffic of automobiles or in a building, if no physical work is
carried out or is being carried out.
Company and subcontractors shall supply personal protective gear in adequate numbers
and in good condition to their respective personnel.
9.4.2 Other Protective Clothing and Equipment
At certain locations or for specific work, special clothing and/or equipment such as
special gloves, face shields, full safety harnesses, special clothing and respiratory
equipment, etc. may be mandatory and must then be used.
All such protective clothing and equipment shall be issued by subcontractor or by
Company/client if so specified in the subcontract.
9.4.3 Other clothing rules
All personal must wear clothing appropriate to their individual work assignments and in
accordance with normal work dress standards.
Excessively loose or severely torn clothing and ties shall not be worn by personnel whose
work exposes them to rotating or reciprocating equipment, such as pipe cutting
machines or mechanical hack saws, band saws, table saws, etc.
"Tank top" shirts, short sleeve shirts and leisure wear shorts are prohibited.
Nylon/synthetic clothing shall not be worn if working with or exposed to flammable or
volatile substances.
9.5 Safe Practice Rules
In order to maintain a safe way of working and handling of equipment, specific
regulations will be given. These regulations are based upon authority regulations and
specific regulations formulated by client and Company.
The Safe Practice Rules are given in attachment 2. (Check attachment no.)
9.6 Emergency Plan
Planning for emergencies is an important part of an EH&S plan. It requires a close
cooperation and communication between people from various groups that would provide
the type of services needed to cope with emergency situations. An overall plan must be
prepared in detail to cover every conceivable emergency. It is extremely important that it
is functional in a clear and practical way.
The site specific Emergency Plan is given in attachment 4. (Check attachment no.)
Emergency telephone numbers can be found in attachment 8 (check attachment no.)
and shall be permanently displayed in offices, change rooms, canteens, etc.
Emergency evacuation exercises will be held on regular basis. See also paragraph 4.6.
(Check paragraph number.)
9.7 Miscellaneous Regulations and Rules of Conduct
All personnel is required to conform to the rules of client (replace with client
name) and Company.
Gambling on site is forbidden.
Possession or carrying of weapons or firearms on site is prohibited.
Selling, advertisement, promotion and distribution on site of newspapers, leaflets
or other material of a political, religious, immoral or subversive nature is
forbidden.
Erection of any type of signboard or publicity poster on or adjacent to the site is
subject to Company's approval.
Taking photographs or motion pictures on site is not permitted without a special
permission from Company. Cameras are to be left at the gate house.
It is forbidden to make or repair items for private purposes on site.
Any general assembly on site except for properly authorized meetings is
prohibited.
asbestos
halon
leadchromate
freon
10.3 Demolition/Removal
As part of the project certain (existing) installations/buildings will be (partly) removed.
(Check whether this is the case for this specific project.)
Before removal of (parts of) installations/buildings an inventory has to be made of
possible hazardous materials (asbestos, rest product) that will be part of the removed
installations/buildings and to check whether specific regulations concerning specific
materials by authority and/or client are applicable. The following rules, regulations and
procedures are applicable:
Give overview of rules, regulations and procedures applicable
It is the responsibility of the subcontractor to make a working procedure to enable a
controlled removal of hazardous materials during demolition activities.
Subjects of attention for this procedure are:
safety;
health;
prevention of contamination;
removal/destination of demolition waste;
administration of amount(s) of waste.
The Company Safety Engineer needs to approve the plan. After remedial activities have
been carried out, the subcontractor shall provide the Company Safety Engineer with an
evaluation report showing how measures have actually been carried out.
10.6 Waste Management
10.6.1 Introduction
During construction work various waste (including rubbish) streams will occur. In order to
handle these waste streams effectively a waste management system is needed.
It is important to check whether client (replace with client name) exercizes a waste
management system and to identify which parts of that waste management system
should be integrated in the waste management system for construction.
It is important to make proper arrangements concerning this matter with client (replace
with client name) before start of construction activities.
Roles and responsibilities are defined in ref. 16.2. (Check ref. no.)
Company and the subcontractors for their work are responsible for an effective execution
of waste management.
The Company Safety Engineer will monitor the performance of waste management.
In this paragraph the main items for waste management are addressed. OPTIONAL A
more detailed Waste Management Procedure is attached as attachment 9. (Check
attachment no.; check whether a written client waste management procedure
does exist or that a suitable waste management procedure by Company will be
used.)
10.6.2 Administration
To execute an effective waste management system it is important to keep proper
administration of the various waste streams.
If available give additional information about the administration system. For
instance use of waste-cards, use of clients system.
The various waste (including rubbish) streams must be identified and for each waste
stream a study should be made as to which provisions are required and which streams
can possibly be integrated with clients waste management system.
The following are examples of waste streams:
(check this list and make corrections per specific project):
demolition waste;
office waste;
canteen waste;
construction waste;
chemical waste;
contaminated soil;
water from wells in excavations below groundwater level;
waste water;
other liquid waste.
The above is an identification of main streams. Main streams can consist of various
substreams like wood, stone, steel, insulation wool, asphalt, cardboard/paper, waste
fluids, household waste, oil, degreasing agents, chemicals, paints, etc. For each
substream a waste handling procedure shall be prepared or be available.
10.6.4 Waste Prevention/Reduction
Handling of waste streams costs money. To reduce costs it is important to prevent
creating waste and to reduce the amount of waste as much as possible.
There are various ways to achieve this. Before a job is executed it must be considered
how materials can be used as effectively as possible. Various materials may be re-used
or recycled.
Carrying out an effective waste prevention/reduction program will also depend upon local
provisions and clients waste prevention/reduction program. It is important to make an
inventory of possible solutions.
Procedures shall cover the handling of the waste but also the safety provisions/measures
to be taken as well as regulations for special equipment to be used. Waste streams need
to be checked for these requirements. Waste streams for which no proper procedures
exist will be handled according to procedures that shall be developed before start of
construction activities. It is subcontractors responsibility to develop and present these
procedures to Company for approval.
Waste containers to receive and segregate waste shall be available in the various site
areas and shall be emptied frequently. This will be the responsibility of Company. (Check
for this specific project.) Each waste container must indicate for which category of
waste it shall be used. It is subcontractors responsibility to enforce proper use of these
waste containers.
10.7 Housekeeping Rules
Subcontractors shall take all necessary steps to ensure that the site and the temporary
facilities are maintained in a safe, clean, healthy and sanitary condition and that the
environment is preserved. Rules of cleanliness and orderliness shall be enforced amongst
all personnel working at the site.
Site entrances and (emergency) exits shall be kept free. Safety and fire extinguishing
equipment shall be accessible at all times.
Subcontractors must keep roads and walkways clean and every effort shall be made to
remove mud, loose grid, slush, snow and other slippery substances that may be caused
by subcontractors activities.
In lunch/canteen facilities, all trash and food rests shall be discarded in designated
containers placed in the facilities for that purpose.
Beverages in glass bottles are prohibited. Only thermos, paper, metal or plastic
containers/ bottles and cups and the like may be used. (Check whether this rule is
applicable for this specific project.)
Electrical extension cables and welding cables, water and air hoses shall be placed such
that they cannot be damaged and cannot cause damage or injury. If placed across
roadways or pipeways, the cables and hoses shall be placed in a protected trough or
shall be suspended above the road or pavement surface. Across roadways, the height
shall be at least 6 meters; in pipeways 2 meters. Excess cables, hoses, etc. are to be
removed and cleared away each day.
Spilled oil, grease and other slippery substances shall be removed immediately. Until
such removal, spills shall be temporarily isolated or sprinkled with enough dirt or sand to
absorb the substance to eliminate slipperiness. Dirt and sand used for this purpose shall
be collected and removed according to the regulations for waste disposal. If spillage
leads to contamination, actions must be taken according to paragraph 10.6. (Check
paragraph no.)
Materials and construction equipment not being used must be stored safely in such a
way that they will not obstruct other site activities.
Additional rules are given in paragraph 14.2 (Fire Prevention). (Check paragraph no.)
Such arrangements shall be published throughout the site with procedural instructions as
to authority and responsibility for contacting these medical support facilities.
Company
It is Companys responsibility to arrange, create or ensure adequate availability of first
aid provisions and to inform the subcontractors about these provisions.
The Company provisions for first aid at site strongly depend on the job location/
circumstances. The following options are addressed in the Company procedural system:
On specific construction projects Company may employ a qualified first aid nurse with a
fully employed first aid room provided. On such projects first aid and medical attendance
will be provided by this central facility. Subcontractor, however, is still required to have
his own first aid kits and attend to the minor injuries as referred to above.
(check the arrangement made and correct text)
Subcontractors
Subcontractors shall supply and maintain adequate first aid provisions for their own and
their subcontractors personnel in accordance with the applicable local or national
regulations and allocate first aid kits at key point(s) near the construction area(s).
The presence of these locations must be sufficiently indicated to subcontractors
personnel.
Subcontractors first aid provisions must cater for the treatment of minor injuries and for
the transport of injured personnel over small distances.
Subcontractors must appoint an employee or employees qualified to render first aid and
give his/their name(s) to Company.
Subcontractors are responsible for maintaining a sufficient amount of first aid supplies.
Each subcontractor shall keep a record of all first aid treatments (see below), a copy of
which is to be given monthly to the Company Safety Engineer.
Maintenance of Medical Records
The person(s) authorized to render first aid treatment shall take care of compilation and
maintenance of medical records in case medical treatment is given. This is to ensure a
comprehensive record of treatment, disposition and subsequent documentation to meet
Subcontractor may use his company standard form or alternatively use Companys First
Report of Injury or Illness (ref. 16.17). (Check ref. no.)
The distribution of subject report is as follows:
The person discovering a fire shall alert all personnel in the immediate vicinity
and shall immediately thereafter follow the instructions concerning reporting fires
(attachment 4). (check attachment no.)
If a Fire Alarm System is present this should be activated by the person
discovering the fire.
The fire alarm number (see attachment 8) (check attachment no) has to be
dialed as soon as possible and the fire and fire location reported.
Supervision
If a fire occurs, the nearest supervisor is responsible for all immediate fire suppression or
control work until he is relieved by appointed/authorized personnel.
In case a supervisor is not in the immediate area, personnel present in the area shall
start fire fighting themselves to the extent possible. This means no actions shall be taken
that could endanger the safety of the personnel.
14.3.1 Fire Extinguishers
Basic training in the use of fire extinguishers shall be given to the personnel as required
for their function. (Check whether this is applicable for specific project.)
The location of fire extinguishers shall be shown on a plot plan. Regular checks shall be
made to verify that sufficient fire extinguishers are present. The location of each fire
extinguisher at site shall be clearly marked. They shall not be transferred from
established locations. This enables all personnel to find and use fire extinguishers at the
various site locations. (Check whether this will be done in construction area.)
Fire extinguishers, suitable for the various classes of fire and with a content of at least 9
kg powder, shall be located as follows:
a. Portable or permanently mounted fire extinguishers shall be available throughout the
SITE within 15 meters of any ongoing work involving welding, burning or use of open
flames.
b. At least one permanently mounted fire extinguisher shall be provided in each building,
preferably near a door, and additional fire extinguishers mounted as required to have
one within 30 meters of any point inside the building.
c. Each item of industrial mobile equipment, including all welding machines, having
diesel or gasoline engines, shall have a permanently attached mounted extinguisher.
d. At fuel or combustible material storage areas, extinguishers shall be located within 15
meters of any point on the perimeter of the stored material. In addition, these areas are
to be fenced in, identified with signs restricting and prohibiting vehicle access, fire
ignition sources and smoking. Aisle fire breaks shall be provided whenever combustible
materials are stored.
e. A "BCF" fire extinguisher shall be mounted at each large electrical installation, such as
a substation, transformer, generator or motor control center.
f. Regardless of the minimum number of fire extinguishers determined to be necessary,
additional extinguishers shall be placed adjacent to scattered or widely separated
hazards, welding shops, gasoline dispensing points, store rooms, fuel areas, and
construction areas.
Extinguishers shall be maintained in a fully charged and operable condition, and kept in
their designated places at all times when not in use.
14.4 Fire Prevention
Various aspects have to be taken into account and must be instructed to all personnel in
order to establish effective fire prevention arrangements.
14.4.1 Fire Preventive Rules
The following rules must be followed:
the storage of combustible materials under stairways or in attic crawl spaces is
prohibited;
all combustible waste material shall be removed from building interiors at the end
of each shift, and placed in waste receptacles located at least 2 meters away from
any structure;
the accumulation of waste materials in out-of-the-way places, such as shelves,
closets, bins, cabinets or other spaces, is prohibited;
the storage of any materials against the exterior of buildings is prohibited;
waste material receptacles shall be placed 3 meters away from any structure;
areas around and routes to fire doors, exits, stairways, fire hydrants, monitors or
fire extinguishers shall be kept free and clear of obstruction;
clothing or rags soiled with oil or paint, and mops treated with oil, shall be stored
in metal lockers that do not contain other combustible materials;
outside storage areas and grounds around structures shall be kept free and clear
of weed and debris accumulations;
lint, fluff and dust accumulation in shops and similar locations shall be removed
from all surfaces at least once each week;
flammable liquid spills shall be immediately cleaned from floors, ground,
equipment and drip pans.
14.4.2 Smoking and Open Flames
The following rules must be followed:
2. interior and exterior storage areas for flammable liquid, supply rooms, fuel oil storage
and handling areas;
3. motor vehicle, woodworking, technical maintenance shop, garages and other
locations;
4. battery rooms, valve pits, attics or crawl spaces.
14.4.3 Flammable Liquid Storage
14.4.4 Heaters
All temporary gas heaters shall have a minimum clear space of 1 meter from the
front and both sides. The back of the heater, if not provided with a shield, shall be
at least 1 meter away from the wall. Gas lines on LPG (propane) gas heaters shall
be equipped with an approved pressure regulator, and all gas lines inside the
structure shall be protected from impact damage. The heater shall be anchored to
the floor of the structure or immobilized in some other manner. All such heaters
shall have an approved pilot valve, which cuts off the gas flow in the event of
flame loss.
Gravity flow oil heaters shall be equipped with an automatic flow valve or an
equivalent device that will stop the flow of oil in the event of flame loss.
Electric heating units in wooden buildings shall be provided with adequate guards
and placed on a plate of fire resistant material.
Clothing shall not be hung over heaters, nor shall objects be placed on the heater.
16. References
Document
Number
Title
Leve
l
xxxx-PPE001
xxxx-PPE002
BN-G-UC004
BN-G-UC007
BN-S-UP102
BN-S-UP103
General Conditions of
Subcontract
REC26001
5f
REC26002
Toolbox Meeting
Attendance Report
5f
REC26007
Construction Safety
Inspection List
5f
BN-G-UK003
REC28036
Project Audit
Subcontractors at Site
5f
REC26008
Cranes Inspection
Checklist
5f
REC26009
Equipment Inspection
Report
5f
16.1
16.2
16.3
16.4
16.5
16.6
16.7
16.8
16.9
16.10
16.11
16.12
16.13
REC26014
Safety Non-Conformance
5f
REC26039
Outshipment Report
5f
16.14
16.15
17. Attachments
These and other project applicable EH&S documents may be included as attachments:
1.
2.
3.
4.
5.
6.
7.
8.
9.
General Conditions for Construction Work for Supply and Erect Orders
Table of Contents
1. Introduction
2. Definitions
3. Temporary Facilities
4. Construction Equipment
5. Vendor and his Personnel
6. Materials and Storage
7. Information Supplied by Company
8. Information Supplied by Vendor
9. Work
10. Working Hours, Overtime, Standby Time
11. Milestones, Milestone Dates, Completion Date
12. Inspection and Expediting, Testing
13. Prices and Rates
14. Changes. Pricing of Changes
15. Physical Progress, Invoicing, Payment
16. Claims
17. Use of the Work and Acceptance
18. Release of Liens, Retention and Bank Guarantee
19. Safety, Health, Welfare and Environmental (SHWE)
20. Security
21. Preservation and Maintenance of the Site
22. Direction and Approval
23. Compliance with Law
24. Guarantees
25. Termination for Default and Petition in Bankruptcy
26. Continuity
27. Audit Rights
28. Title
29. Confidentiality
30. Patents
31. Insurance
32. Liability
33. Hazardous Substances Indemnification
34. Suspension
35. Cancellation
36. Termination, Suspension, Cancellation Liabilities
37. USA Export Administration Regulations
38. Assignment and Subcontracting
39. Force Majeure
40. Applicable Law
1. Introduction
1.1 These General Conditions for Construction Work supplement the "Instructions and
Conditions Company which are part of the PURCHASE ORDER for the sale and supply of
certain specified equipment and/or materials. The General Conditions for Construction
Work govern the construction portion of the PURCHASE ORDER only. In case of any
discrepancy in terms of ambiguity or nonapplicability between "Instructions and
Conditions Company" and these General Conditions of Construction Work, these General
Conditions prevail over the Instructions and Conditions. Special conditions may be added
to these general conditions if, in the opinion of Company and/or OWNER, such is
required. In case of any discrepancy between these General Conditions and the agreed
Special Conditions, the Special Conditions will prevail.
1.2 Any change or modification of the General Conditions and/or the Special Conditions
and any exceptions thereto by VENDOR in his proposal or otherwise shall only be valid
and binding when expressly agreed upon by both parties and addressed in full in the
Special Conditions and not by way of reference in the PURCHASE ORDER.
1.3 Headings and subheadings of articles and indices used in these General Conditions
and in the Special Conditions are for convenience and ease of reference only and in no
way define, limit or describe the scope or intent of any provision or of the total
PURCHASE ORDER.
2. Definitions
The following definitions shall apply to the construction part of the PURCHASE ORDER.
Words imparting the singular only also include the plural and vice versa where the
context requires.
2.1 Purchase Order
PURCHASE ORDER shall mean the complete Company PURCHASE ORDER with the
General Conditions and Special Conditions for Construction Work, all documents which
are deemed to be incorporated therein by reference and all agreed PURCHASE ORDER
amendments.
2.2 Work
WORK shall mean all construction work to be performed and services to be rendered by
VENDOR under the General Conditions and Special Conditions of the PURCHASE ORDER
in respect of the construction work.
2.3 Subcontractor
SUBCONTRACTOR shall mean any person or Company having a SUBCONTRACT with
VENDOR for the performance of the WORK or part of it.
2.4 Company
Company shall mean the Company who has awarded the PURCHASE ORDER, their
designated representatives, and their representative or his appointed representative at
the SITE. Such award may be in Company's name or in the name and/or on behalf of the
client with whom Company has a contract.
2.5 Owner
OWNER shall mean the client with whom Company has a contract to perform work.
2.6 Site
SITE shall mean the location of both on-plot and off-plot units and facilities of OWNER's
PLANT.
2.7 Plant
PLANT shall mean the units and facilities to be constructed and of which the WORK is a
part.
2.8 Materials
MATERIALS shall mean any machinery, equipment, materials and other items (including
the initial spare parts specified elsewhere) supplied by VENDOR and intended to be
incorporated permanently in the PLANT or its facilities.
2.9 Surplus Materials
SURPLUS MATERIALS shall mean any MATERIALS found to be surplus upon acceptance of
the WORK or earlier, with the exception of the initial spare parts.
2.10 Construction Equipment
CONSTRUCTION EQUIPMENT shall mean any lifting, transporting, testing, calibrating,
protecting, and other materials and equipment, aircraft, watercraft, scaffolding, tools,
implements and such other items as are required for the execution of the WORK but shall
not include MATERIALS.
2.11 Temporary Facilities
TEMPORARY FACILITIES shall mean any temporary yards for the storage and/or
maintenance of CONSTRUCTION EQUIPMENT and/or MATERIALS, any temporary offices,
WORK shops, change rooms and other buildings, any temporary sanitary facilities and
installations for utilities including the connections to the points of supply, any office
equipment, office supplies, any consumables used in the TEMPORARY FACILITIES and
such other items as are required for the execution of the WORK but shall not include
MATERIALS or CONSTRUCTION EQUIPMENT.
2.12 Variation in Scope
VARIATION IN SCOPE shall mean any increase or decrease in the WORK.
2.13 Vendor
VENDOR means the party performing the WORK under the PURCHASE ORDER.
2.14 Extra Work
EXTRA WORK shall mean any modification or alteration to a part or parts of the WORK in
progress or completed.
2.15 Completion Date(s)
COMPLETION DATE(s) shall mean the date(s) specified in the PURCHASE ORDER for
completion of the WORK.
2.16 Milestone
MILESTONE shall mean an event that forms part of the WORK or a stage that a part of
the WORK has reached, whereas the event or stage has been defined in the PURCHASE
ORDER.
2.17 Milestone Date
MILESTONE DATE shall mean the date on which a MILESTONE must be reached, whereas
the date has been defined in the PURCHASE ORDER.
2.18 Acceptance
ACCEPTANCE shall mean Company's acknowledgement that the WORK or part of the
WORK completed has been reviewed without noting any nonapproved nonconformances
with the PURCHASE ORDER by issuing a Certificate of Acceptance. The guarantee period
shall start on the date of the issuance of the Certificate of Acceptance.
3. Temporary Facilities
3.1 Company shall make available to VENDOR free of charge a sufficient area or
sufficient areas of land for vendor's TEMPORARY FACILITIES.
3.2 VENDOR shall promptly remove any TEMPORARY FACILITIES when instructed by
Company to do so.
3.3 VENDOR shall, at his own expense, supply, install, maintain and remove the
TEMPORARY FACILITIES that VENDOR may require. Prior to the supply VENDOR shall
submit to Company all VENDOR's requirements including detailed drawings whereupon
Company will establish the exact location of the TEMPORARY FACILITIES.
3.4 Company shall, insofar as they deem necessary, provide free of charge a supply of
potable water, nonpotable water and electric power. VENDOR shall, at his own expense,
provide, maintain and remove any temporary piping systems, cables and distribution
boards VENDOR may require, including the connections to the points of supply.
Connections to points of supply shall not be made without prior approval by Company.
3.5 Water and electric power shall be used conservatively. Electric power shall not be
used for heating or for stress-relieving purposes or for testing microprocessors or
computer systems.
3.6 In case a central sanitary sewer system is available VENDOR may, at his own
expense, provide and remove any temporary system VENDOR may require, including the
connection(s) to the existing system. Connections shall not be made without prior
approval by Company.
3.7 VENDOR is responsible for the supply, installation, maintenance and removal of any
telephone and/or telex connections VENDOR may require. All costs, including but not
limited to subscription and usage, are for VENDOR's account. The routing of cables must
be approved by the telephone Company and Company prior to their installation.
3.8 VENDOR shall not remove from the SITE any TEMPORARY FACILITIES without the prior
approval by Company.
VENDOR shall promptly remove any TEMPORARY FACILITIES when instructed by Company
to do so
3.9 On acceptance of the WORK, VENDOR shall remove all remaining TEMPORARY
FACILITIES and leave the area(s) in a condition satisfactory to Company.
On acceptance of the WORK, VENDOR shall remove all remaining TEMPORARY FACILITIES
and leave the area(s) in a condition satisfactory to Company.
4. Construction Equipment
4.1 VENDOR shall, at his own expense, supply, maintain and remove the CONSTRUCTION
EQUIPMENT required for the execution of the WORK.
4.2 VENDOR warrants that the CONSTRUCTION EQUIPMENT shall be deployed at the SITE
such that the WORK is executed in an efficient and expeditious manner.
4.3 The CONSTRUCTION EQUIPMENT shall be in first-class operating condition, safe and
suitable for the efficient execution of the WORK and shall be accompanied by all safety,
test and operating certificates and/or records required by manufacturer and authorities.
VENDOR shall conduct regular safety checks especially on cranes, vehicles and
scaffolding to ensure compliance with safety regulations.
employee's name, personnel number, country of origin and identity card or passport
number. Company shall have access to this list at all times.
5.8 Upon instruction by Company, VENDOR shall immediately remove from the SITE and
replace, at his own cost, any personnel either employed by VENDOR or his
SUBCONTRACTORS, which Company regards as not suitable for reasons such as
incompetency, language problems, reprehensible conduct, noncompliance with safety or
security regulations
5.9 In the event that VENDOR is not able to immediately replace any personnel when
instructed to do so by Company and in the event that VENDOR fails to have assigned to
the SITE an adequate number of qualified personnel and is unable to improve this
situation to the entire satisfaction of Company within five (5) working days after having
been instructed to do so by Company, Company shall have the right to mobilize and
assign their own and/or third party personnel until such time that VENDOR has fulfilled
his obligations and a smooth execution of the WORK is assured. Any cost arising from
such mobilization, assignment and subsequent demobilization shall be for VENDOR's
account.
6. Materials and Storage
6.1 VENDOR shall deliver all MATERIALS as supplied under the supply part of the
PURCHASE ORDER.
6.2 VENDOR shall unload, store and handle all MATERIALS.
6.3 MATERIALS shall be stored, maintained and erected or installed by VENDOR under
conditions such that they are adequately protected from deterioration caused by ingress
of moisture, dust or extremes of temperature, and that they are protected from
accidental or willful damage.
6.4 MATERIALS supplied by VENDOR shall be new and unused, of first-class design and
workmanship, within the specifications or if no such specifications exist, in all respects fit
for the purpose intended. VENDOR shall obtain optimum guarantees from any third party
suppliers of materials.
6.5 MATERIALS supplied by VENDOR shall be subject to Company's approval in respect of
sources of supply. In case VENDOR fails to comply with this requirement, Company may
instruct vendor to remove the MATERIALS from the SITE, whether or not they have been
installed, and hold VENDOR liable for the costs of replacing such MATERIALS and for
making good all other loss or damage to the WORK, including loss or damage to other
contractors on SITE.
6.6 VENDOR shall have available the required construction lifting and holding equipment
and manpower.
6.7 MATERIALS supplied by VENDOR and found to be surplus upon acceptance of the
WORK or earlier shall be removed from the SITE by VENDOR after consultation with, and
without any cost to Company.
7. Information Supplied by Company
7.1 Company shall keep VENDOR advised, in writing, about Company's representative
and designated representatives.
7.2 Unless otherwise agreed in the PURCHASE ORDER, Company shall supply VENDOR
free of charge with the following information:
a. one reproducible or four copies of all construction drawings required for the execution
of the WORK;
b. two copies of all Company documents, except drawings, necessary for the WORK;
c. if applicable, two copies of relevant OWNER documents such as safety and/or security
rules and regulations.
7.3 In case Company has supplied VENDOR with four copies of all construction drawings,
Company shall supply VENDOR with two more copies, free of charge, of those drawings
that need to be marked up for "as-built" purposes. In case Company has supplied
VENDOR with one reproducible of all construction drawings, VENDOR shall make for his
own account copies required for marking up for "as-built" purposes.
7.4 VENDOR shall not in any way be relieved from any obligations under the PURCHASE
ORDER should any information, whether obtained from Company or otherwise, be
incorrect and/or insufficient. VENDOR shall screen such information received in the light
of his scope of WORK and the requirements thereof.
8. Information Supplied by Vendor
8.1 VENDOR shall prepare as soon as possible his quality plan (inspection and test plan)
for the WORK and submit this to Company for Company's and/or OWNER's approval and
the possible imposition of hold/witness points.
8.2 VENDOR shall prepare his safety plan for the WORK and submit this to Company for
Company's and/or OWNER's approval as soon as possible.
8.3 VENDOR shall be responsible for providing all drawings, calculations and any other
information necessary for and prepared by VENDOR for the proper execution of the
WORK.
8.4 VENDOR shall prepare in accordance with Company's requirements and submit to
Company the following documents:
Labor force report, daily before 09.00 hours. This report shall include the names
of all of VENDOR's personnel and his SUBCONTRACTORS' personnel present at the
SITE.
Safety/security/sanitation report, monthly.
Comparison actual/planned manpower, monthly.
Progress report, including a comparison actual/planned progress, monthly.
Updates of VENDOR's organization charts and detailed construction schedule.
8.5 VENDOR shall inform Company immediately if the information received is not
sufficient to execute the WORK in accordance with the PURCHASE ORDER and with
normal construction practice. VENDOR who has not so informed Company shall be
deemed to have received sufficient information.
8.6 VENDOR shall supply Company with "as-built" information by way of marked up
drawings to enable Company to prepare "as-built" drawings.
8.7 VENDOR shall, within reason, supply Company with feedback information requested
by Company.
9. Work
9.1 VENDOR is deemed to have ascertained, prior to award of PURCHASE ORDER, the
extent and risks of the WORK and to have gathered all information necessary to execute
the WORK including, but not limited to, the location and conditions at the SITE, local
conditions and facilities, conditions of labor, wage standards, safety requirements,
environmental and industrial matters.
9.2 VENDOR shall not in any way be relieved from any obligation under the PURCHASE
ORDER should any information, whether obtained from Company or otherwise, be
incorrect and/or insufficient. VENDOR shall screen such information received in the light
of his scope of WORK and the requirements thereof.
9.3 Should any WORK or MATERIALS be required applying normal engineering practice,
which has obviously been omitted from the PURCHASE ORDER but is necessary for the
proper functioning of the PLANT, VENDOR understands such is implied and shall execute
all such WORK and supply all such MATERIALS as is implied therein.
9.4 VENDOR shall notify Company of any discrepancies found in the PURCHASE ORDER
and obtain from Company interpretation and/or decisions on any questions that may
arise as to the intent of the PURCHASE ORDER.
9.5 VENDOR shall at all times, in accordance with the best practices and at no additional
cost to Company or OWNER, protect from damage or loss due to VENDOR's operations all
materials and work and all other items on the SITE belonging to OWNER, Company or
others.
9.6 If, in the opinion of Company, the organization, composition or strength of VENDOR's
personnel, CONSTRUCTION EQUIPMENT, materials or equipment or other support is
inadequate and would jeopardize any MILESTONE DATE or the COMPLETION DATE,
VENDOR shall take remedial action immediately. In the event that VENDOR fails to take
remedial action within one (1) week after having been instructed to do so by Company,
or in the event that the action taken by VENDOR is unsatisfactory to Company, Company
shall have the right to take any remedial action themselves. Any cost arising from such
remedial action by Company shall be for VENDOR's account.
9.7 VENDOR shall follow the directions by Company and shall cooperate and keep
harmonious relations with other subcontractors at the SITE in order that the WORK and
the work of other subcontractors may be carried out in such a way as will serve the
interest of the contract between Company and OWNER and/or the OWNER direct.
9.8 VENDOR shall not contact governmental and/or municipal authorities in connection
with the WORK without the prior knowledge of Company.
9.9 VENDOR shall not contact OWNER without prior approval from Company. VENDOR
shall refer to Company for a decision on any request OWNER or OWNER's employees
may make to VENDOR which will affect the WORK or the progress or the cost thereof.
Pending Company's decision, VENDOR shall continue with the WORK in accordance with
the PURCHASE ORDER, except that nothing in this provision shall operate so as to
prevent VENDOR from immediately carrying out any emergency measure for the safety
of persons and/or property which a representative of OWNER may request. In the event
of VENDOR's carrying out emergency measures at OWNER's request, VENDOR shall
report the occurrence to Company without delay.
10. Working Hours, Overtime, Standby Time
10.1 VENDOR shall comply with the working hours agreed for the execution of the
WORK. Deviations from these working hours require prior approval from Company.
VENDOR shall be responsible for obtaining permission to work overtime from the
appropriate authority.
10.2 In the event that Company deems it necessary that VENDOR works overtime and/or
works during holidays in order to safeguard a MILESTONE DATE and/or the COMPLETION
DATE, VENDOR shall put this into effect immediately without extra charge to Company.
10.3 In the event that a MILESTONE DATE or the COMPLETION DATE is jeopardized for
reasons contributable to Company and Company deems it necessary that VENDOR works
overtime and/or works during holidays, Company shall pay to VENDOR the net extra cost
of the premium payments of such overtime.
10.4 Standby time resulting from interruptions of the execution of the WORK caused by
occurrences such as fire alarm, gas alarm, interruption in the supply of electric power,
shall be dealt with as follows:
a. costs associated with interruptions lasting one hour or less shall be absorbed by
VENDOR;
b. for interruptions that appear that they will be in excess of one hour's duration,
VENDOR shall redeploy its personnel and CONSTRUCTION EQUIPMENT, after consultation
with Company.
10.5 Standby time caused by force majeure and standby time requested by authorities
shall be for VENDOR's account.
10.6 The net cost of standby time requested and approved by Company shall be for
Company's or OWNER's account.
11. Milestones, Milestone Dates, Completion Date
11.1 VENDOR warrants that any MILESTONE shall be reached at the MILESTONE DATE
and that the WORK shall be ready for acceptance on the COMPLETION DATE.
11.2 Prior to commencing the WORK and within the time limit established by Company,
VENDOR shall submit to Company his detailed schedule for the WORK, based upon the
MILESTONE DATES and the COMPLETION DATE, and in the manner and detail required by
Company.
11.3 VENDOR shall keep his detailed schedule for the work up-to-date, shall immediately
notify Company of any delay to the schedule, either anticipated or actual, and shall state
what action has been or will be taken to minimize such delay.
11.4 A MILESTONE DATE and/or the COMPLETION DATE shall only be changed in the
following circumstances:
a. where the WORK quantity has been substantially increased by written amendment to
the PURCHASE ORDER and the prior consent of Company has been obtained for a change
to such date;
b. where the WORK quantity has been substantially decreased by written amendment to
the PURCHASE ORDER and the prior consent of VENDOR has been obtained for a change
to such date;
c. in the event of delay caused by damage to the WORK through the fault of one or more
of Company's other vendors, provided that VENDOR notifies Company, in writing, within
two (2) working days of the occurrence and Company agrees to a change to such date;
d. in the event of delay caused by force majeure, provided that VENDOR notifies
Company, in writing, within two (2) working days of such event and obtains Company's
written agreement to a change to such date corresponding to the amount of time lost;
e. in the event of delay caused by Company exercising their right to temporarily suspend
the WORK.
12. Inspection and Expediting, Testing
12.1 Company shall have access to and shall have the right to inspect the MATERIALS
and the WORK or any part thereof at any time and place, before, during and after
manufacture or erection.
12.2 VENDOR shall give reasonable notice to Company of his readiness for any required
inspection. Such notice shall be sufficiently in advance of the assembly or closure of any
part of the WORK, which might render it inaccessible for such inspection. In addition,
VENDOR shall provide sufficient, safe and proper facilities for access and inspection by
Company and/or OWNER.
12.3 Company shall be entitled to reject the MATERIALS or the WORK or any part thereof
failing to meet the requirements of the PURCHASE ORDER. All resulting costs for
replacement of MATERIALS or WORK including dismantling, rework, reinstallation and
restoration shall be for VENDOR's account.
12.4 Company shall have the right to order, at any time, a reinspection involving the
dismantling, where necessary, of any part of the WORK. In the event that the parts of the
WORK conform to the PURCHASE ORDER any costs of reinspection and restoration of the
WORK shall be borne by Company. In the event that the parts of the WORK do not
conform to the PURCHASE ORDER, such cost shall be borne by VENDOR, unless VENDOR
can prove that defects are caused by a contractor of Company and/or OWNER.
12.5 Inspection or failure to inspect by Company shall not relieve VENDOR of any of his
obligations, responsibilities and/or liabilities under the PURCHASE ORDER, nor shall it be
interpreted in any way to imply acceptance thereof by Company or the waiving of
Company's or OWNER's guarantee rights.
12.6 VENDOR shall expedite materials and work furnished by his vendors and
subcontractors to the extent necessary to safeguard any MILESTONE DATE and the
COMPLETION DATE.
12.7 Materials and work furnished by VENDOR's vendors and subcontractors shall be
subject to expediting by Company. Expediting or failure to expedite by Company shall
not relieve VENDOR of any of his obligations, responsibilities and/or liabilities under the
PURCHASE ORDER.
12.8 VENDOR shall carry out all tests required, in the presence of Company and at times
to be agreed by Company. Cost for testing shall be for VENDOR's account.
12.9 For testing purposes VENDOR shall, at his own expense, provide, maintain and
remove any temporary installation, any temporary utility system including the
connections to the points of supply, and any test medium required with the exception
that Company shall supply free of charge all water and gases required for testing at the
SITE.
13. Prices and Rates
13.1 All prices, whether lump sum, fixed, target, ceiling or any other prices and rates
shall include, except where expressly stated otherwise in the PURCHASE ORDER, all
VENDOR's costs, expenses, overheads, profits, taxes, fees, escalation and currency
fluctuations to execute the WORK, TEMPORARY FACILITIES, CONSTRUCTION EQUIPMENT
and MATERIALS.
13.2 All prices and rates shall be firm for the duration of the PURCHASE ORDER.
13.3 In case unit rates to be applied are not included in the section unit rates of the
PURCHASE ORDER, VENDOR and Company shall agree upon new rates that shall be
scaled from and be in proper relation with those included in
14. Changes. Pricing of Changes
14.1 VENDOR shall not execute any changes in the WORK without the prior written
approval by Company.
14.2 Company shall have the right at any time to order changes in the WORK and/or the
PURCHASE ORDER, and to order alterations to portions of the WORK in progress or
completed.
14.3 Neither a MILESTONE DATE nor the COMPLETION DATE shall be changed as a result
of changes in the WORK ordered by Company unless expressly otherwise agreed in
writing by Company.
14.4 Changes in the WORK ordered by Company shall be dealt with as follows:
a. VARIATIONS IN SCOPE shall be priced using the applicable rates for units of WORK
included in the PURCHASE ORDER or, if such unit rates are not feasible, using a newly
agreed lump sum or the rates for units of operation or time at Company's option;
b. EXTRA WORK shall be recorded on Extra Work Authorizations (EWA's) (Form No. BNUC-4-1/3) and shall be priced using a newly negotiated lump sum or the rates for units of
operation or time at Company's option.
14.5 Changes shall not be invoiced until they have been incorporated into the
PURCHASE ORDER by way of a PURCHASE ORDER amendment.
working days following the written notice, VENDOR shall supply Company with a
statement supporting VENDOR's claim, which statement shall identify the particular
contract articles under which VENDOR is claiming, together with the necessary
supporting documents which shall include a detailed estimate of the additional
compensation or time period.
16.3 Company shall not be liable for, and VENDOR hereby waives any claim or potential
claim of VENDOR to Company or OWNER of which VENDOR knew or should have known
and which was not reported by VENDOR in accordance with the provisions of this article.
16.2 Company and VENDOR shall endeavor to satisfactorily settle any claims.
Irrespective of pending negotiations vendor shall continue to execute the WORK
including any disputed parts thereof upon being instructed to do so in writing by
Company.
16.3 In order to avoid disturbing a smooth execution of the WORK and to safeguard the
working relationship between Company and VENDOR at the SITE, claims remaining
unsettled in the opinion of the Company and VENDOR representatives shall be handled
by Company's and VENDOR's respective home offices.
17. Use of the Work and Acceptance
17.1 Company and/or OWNER and/or their respective contractors shall have the right to
use and occupy the WORK or part thereof before its completion. Such usage or
occupation shall not relieve VENDOR from any of his obligations or liabilities under the
PURCHASE ORDER, nor shall it be construed as evidence of Company's acceptance of the
WORK or part thereof, nor shall it be grounds for a change to a MILESTONE DATE or the
COMPLETION DATE.
Damage to any part of the WORK arising from such use and occupancy and caused by
weakness of structural parts or by defective MATERIALS or workmanship shall be for
VENDOR's account.
17.2 When VENDOR considers that the WORK, or a part of the WORK needed for early
operation, is complete, VENDOR shall notify Company thereof. Within fifteen (15) working
days Company shall either issue to VENDOR a Certificate of Acceptance certifying that
the criteria of the PURCHASE ORDER have been satisfied, or shall notify VENDOR of the
deficiencies still to be remedied or activities to be completed before a Certificate of
Acceptance will be issued.
18. Release of Liens, Retention and Bank Guarantee
18.1 Final progress payment shall not become due until VENDOR has delivered to
Company a satisfactory form of affidavit providing a complete release of all rights to liens
or retention arising, or which may arise, out of the PURCHASE ORDER and including a
release and indemnification from all debts, claims, demands, damages, actions and
causes of action, whatsoever, arising under, or in any way pertaining to the PURCHASE
ORDER.
18.2 The Release of Liens shall accompany VENDOR's last invoice for progress payment,
shall make proper reference to said invoice and shall clearly state that said invoice
represents, with the exception of retention monies, the last invoice to be submitted to
Company in connection with the PURCHASE ORDER.
18.3 Retention monies shall be released at the end of the guarantee period for the
WORK provided that Company shall be entitled to retain a sum which, in Company's
opinion, represents the value of the WORK remaining to be done at the end of the
guarantee period.
18.4 After providing a Release of All Liens and upon request of VENDOR, Company shall
release the retention monies in exchange for a Bank Guarantee in a format and issued by
a bank acceptable to Company, remaining in force until the expiry of the guarantee
period and fully covering the retained value.
19. Safety, Health, Welfare and Environmental (SHWE)
19.1 VENDOR shall execute the WORK in strict accordance with all safety laws, rules,
regulations and provisions issued by any competent authority and by Company and/or
OWNER, pertaining to health, safety and welfare of personnel which are applicable to
VENDOR or to the WORK and the environment.
19.2 When moving onto the SITE, VENDOR shall nominate in writing to Company one
employee to be responsible for safety.
19.3 VENDOR shall supply and maintain adequate first-aid facilities for his own and his
SUBCONTRACTORS' personnel in accordance with the applicable local or national
regulations.
19.4 VENDOR shall supply and maintain adequate fire extinguishers for his
CONSTRUCTION EQUIPMENT and TEMPORARY FACILITIES in accordance with the
applicable local or national regulations.
19.5 VENDOR is responsible for taking all SHWE precautions and for the safe execution
of the WORK. The issuing of work permits or safety permits by Company or OWNER for
work in areas where such permits are required does not relieve VENDOR from his
responsibilities.
19.6 In the event that VENDOR has not taken all necessary SHWE precautions and/or
does not meet all safety requirements, the work shall be immediately interrupted and
shall not be restarted until all necessary precautions have been taken and all necessary
requirements have been met. VENDOR is solely responsible for any delay or additional
costs which may arise as a result of such a suspension.
19.7 VENDOR shall immediately notify Company of any incident and/or personal injury
and/or accident arising out of the execution of the WORK.
VENDOR shall confirm such notification in writing, giving all relevant facts and shall fully
cooperate with Company and/or OWNER in a subsequent investigation. Company and
OWNER shall have access to all documentation.
19.8 Explosives, inflammable and other hazardous materials shall not be brought onto
the SITE or stored on the SITE without prior approval by Company.
19.9 VENDOR shall follow the directions of Company and/or the OWNER's representative
responsible for safety.
20. Security
20.1 VENDOR shall execute the WORK in strict accordance with all security laws, rules,
regulations and provisions given by any authority and by Company and/or OWNER.
20.2 VENDOR shall supply and maintain adequate security to protect MATERIALS,
CONSTRUCTION EQUIPMENT and TEMPORARY FACILITIES at all times.
20.3 Whenever it becomes necessary for VENDOR to remove MATERIALS,
CONSTRUCTION EQUIPMENT or TEMPORARY FACILITIES from the SITE, a Release
Statement must be signed by Company before removal.
20.4 VENDOR shall follow the directions of Company and/or the OWNER's representative
responsible for security.
21. Preservation and Maintenance of the Site
21.1 VENDOR shall maintain the SITE in a neat and orderly condition and shall promptly
store or remove any debris and waste. If, upon receipt of written notice by Company,
VENDOR fails to comply with his obligations, Company may remove or cause to be
removed such debris and waste at VENDOR's expense.
21.2 VENDOR shall preserve and protect all existing vegetation such as trees, shrubs
and grass on or adjacent to the SITE which is not to be removed and which does not
unreasonably interfere with the WORK.
21.3 VENDOR shall preserve and protect all fossils, coins, articles of value or antiquity
and structures and other remains or things of geological or archaeological interest
discovered at the SITE. All such finds shall, as between Company and VENDOR, be
deemed to be the absolute property of Company or OWNER as the case may require.
VENDOR shall take reasonable precautions to prevent his personnel or any other persons
from removing or damaging any such article or thing and shall immediately upon
discovery thereof and before removal notify Company of such discovery and carry out at
the expense of Company, Company's instructions as to the disposal of the same.
21.4 On acceptance of the WORK, VENDOR shall leave the SITE in a safe and clean
condition to the entire satisfaction of Company.
22. Direction and Approval
Any direction, notification, approval, review, comment or the like by Company shall not
relieve VENDOR of any of his duties or responsibilities under the PURCHASE ORDER
except when such direction, notification, approval, review, comment or the like is in
writing and specifically mentions such relief.
23. Compliance with Law
VENDOR shall in execution of the WORK comply with all applicable laws, orders, rules
and regulations and bylaws of government or local authorities and shall indemnify and
hold Company and OWNER harmless from and against any and all liabilities, claims,
costs, losses, expenses and judgements arising from or based on any actual or asserted
violation by VENDOR of any applicable laws, orders, rules and regulations and bylaws.
VENDOR shall, at his own expense, procure all necessary Permits, Certificates and
Licenses required in the name of VENDOR pertaining to the execution of the WORK.
24. Guarantees
24.1 Throughout the term and execution of the PURCHASE ORDER, VENDOR guarantees
that the MATERIALS and the WORK are fit for the purpose expressly specified or
manifestly implied in the PURCHASE ORDER and are free of defects in design (to the
extent that such design is not furnished by Company), materials and workmanship until
one (1) year after the date that the PLANT in which they are incorporated is placed in
operation but not later than eighteen (18) months after Company has obtained
mechanical completion from OWNER, irrespective of whether VENDOR's engineering
designs, data or information have been reviewed, commented upon or approved by
Company or have been incorporated in the PURCHASE ORDER; provided, however, that
said MATERIALS or WORK are not subjected to conditions more severe than described or
implied in the PURCHASE ORDER.
24.2 If any item of MATERIALS or WORK not meeting this guarantee is discovered during
said period and VENDOR is notified thereof, VENDOR shall promptly, and at his own
expense, make such alterations, repairs and replacements as may be necessary to meet
this guarantee. Should VENDOR fail to take any action required according to this article,
Company shall be entitled to take such action or to have such action taken and to
recover from VENDOR all costs thereto.
24.3 Where defects or deficiencies cannot be corrected, the faulty MATERIALS shall be
promptly removed at VENDOR's expense and VENDOR shall either:
a. furnish and install proper MATERIALS and perform rework and restoration of the WORK
to the extent necessary to satisfy the requirements of the PURCHASE ORDER; or
b. reimburse all costs incurred by Company for removal and installation of replacement
MATERIALS including transportation and, where involved, those costs for rework and
restoration of the WORK.
24.4 Repairs or replacements shall be subject to the same guarantees as heretofore for
a period of one (1) year from the date that the plant in which they are incorporated is
placed in operation or one (1) year from the date of such repairs or replacements,
whichever is the longer.
24.5 The preceding guarantees shall also extend for the benefit of OWNER.
25. Termination for Default and Petition in Bankruptcy
25.1 In the event VENDOR fails to comply with any requirement of law or the PURCHASE
ORDER such as, but not limited to, failure to comply with specifications, instructions and
conditions of the PURCHASE ORDER, to furnish an adequate and sufficiently skilled labor
force, or to rectify omissions, imperfections or faults in the WORK within a reasonable
time limit as instructed by Company, or in the event of the presentation of a petition in
bankruptcy by VENDOR or any other party or in the case of a voluntary or compulsory
liquidation of VENDOR, Company shall be entitled to immediately terminate the WORK or
any part thereof. Company shall notify VENDOR of such termination in writing.
25.2 In the event of such termination, Company may take possession of the WORK in its
existing state together with all MATERIALS, whether or not already incorporated in the
WORK and CONSTRUCTION EQUIPMENT and may finish the WORK by whatever method it
may deem expedient, including engaging third parties.
25.3 Immediately after notification of termination of the WORK, VENDOR shall deliver to
Company all drawings, specifications and information related to the WORK, irrespective
as to whether such drawings, specifications or information are supplied by Company or
VENDOR.
25.4 Immediately after notification of termination of the WORK and if Company so
instructs, VENDOR shall take all steps necessary to fully vest in Company the rights and
benefits of VENDOR under existing contracts VENDOR has with third parties. In the
absence of such instruction, VENDOR shall terminate the contracts with these third
parties.
25.5 VENDOR shall enable Company, to the extent desired by Company, to take over
any or all MATERIALS, CONSTRUCTION EQUIPMENT and TEMPORARY FACILITIES owned by
VENDOR, for which Company shall compensate VENDOR.
25.6 In the event of termination, Company shall pay VENDOR the value of the WORK
executed. Company has the right to deduct from such value the unpaid value of WORK
executed by subcontractors of VENDOR, retention money and all costs and expenses
incurred or to be incurred by Company because of such termination.
25.7 Company is allowed to retain all payments until the costs and expenses, because of
termination, have been determined. In the event that the total of payments made by
Company to VENDOR up to the time of termination exceeds the total payable by
Company under the foregoing conditions, VENDOR shall immediately refund such excess
failing which Company shall have the right to sell in such a way as Company may deem
proper any or all MATERIALS, CONSTRUCTION EQUIPMENT and TEMPORARY FACILITIES of
VENDOR in order to recover these costs and expenses out of the proceeds of such sales.
25.8 The aforementioned does not prejudice the exercise of any other rights or remedies
which may be available to Company.
25.9 VENDOR shall remain liable under the terms of the guarantees for the portion of
the WORK executed and for the MATERIALS supplied up to the time of termination.
26. Continuity
In order to secure the proper continuation and timely completion of the WORK in the
event of default or a forfeiture by VENDOR, VENDOR shall include in all of its contracts
with third parties, a provision similar to the following:
"Company/OWNER shall have the right to take over this agreement on the same terms
and financial conditions as are applicable to VENDOR, in the event of termination for
reason of default by or forfeiture of VENDOR, provided that Company/OWNER so request
by written notice within ten (10) working days after the date of such termination and
provided further that Company/OWNER undertake to fulfill all payments due as of such
takeover date."
27. Audit Rights
27.1 VENDOR shall keep and cause his subcontractors to keep, in accordance with
generally accepted accounting practices, books, records and accounts pertaining to
performance of the WORK, including VENDOR's and his subcontractors' personnel
records, correspondence, instructions, plans, drawings, receipts, and such other
documentation and related systems and controls necessary for an accurate audit and
verification of reimbursable costs. VENDOR shall preserve, and shall cause his
subcontractors to preserve, said documents during the performance of the WORK and for
a period of three (3) years after ACCEPTANCE.
27.2 VENDOR shall permit and cause his subcontractors to permit, at reasonable times
during the performance of the WORK and for a period of three (3) years after
ACCEPTANCE, representatives of Company and/or OWNER to interview VENDOR's and his
subcontractors' personnel, review VENDOR's and his subcontractors' accounting and cost
control systems and inspect books, records, accounts and other documents set forth in
Article 27.1 and make copies thereof, as necessary to audit and verify the completeness
and accuracy of reimbursable costs contained in invoices submitted by VENDOR, or for
any reasonable purpose.
27.3 If an audit indicates errors in VENDOR's invoices, VENDOR shall make appropriate
invoice adjustments or promptly refund overpayments.
27.4 As applicable, VENDOR shall include the above audit rights in all his contracts with
third parties.
28. Title
28.1 All drawings, specifications and other documents supplied by Company to VENDOR
remain the property of Company.
28.2 Unless otherwise stated in the PURCHASE ORDER, title to all drawings,
specifications and other documents supplied by VENDOR shall vest in Company or
OWNER as required and Company and/or OWNER shall have the right to use these
drawings, specifications and other documents for any purpose whatsoever without any
obligation of any kind to VENDOR.
28.3 Within five (5) working days after ACCEPTANCE of the WORK and at any other time
when instructed by Company, VENDOR shall hand over to Company all drawings,
specifications and other documents whether supplied by Company or VENDOR.
28.4 Title to the WORK, whether completed or in course of execution, shall vest in
Company or OWNER as required. VENDOR agrees that OWNERSHIP of MATERIALS shall
ultimately be vested in Company upon delivery to the SITE of the respective MATERIALS.
The OWNERSHIP of MATERIALS supplied by VENDOR and found to be surplus upon
ACCEPTANCE of the WORK, or earlier, shall pass back to VENDOR.
29. Confidentiality
29.1 VENDOR shall hold in confidence and shall not copy, reproduce, use, divulge or
disclose to others any information made available by Company or OWNER in connection
with the PURCHASE ORDER except to the extent necessary for the sole purpose of
executing the WORK. In the event VENDOR requires to divulge or disclose any
information to others, VENDOR shall obtain prior written approval by Company and shall
ensure that the information is protected by a confidentiality provision.
29.2 VENDOR shall not disclose the existence of the PURCHASE ORDER or the name of
Company or OWNER for reference, publicity, advertising, business development or other
purposes without the prior written approval of Company.
29.3 VENDOR shall not take any photographs or motion pictures at the SITE without prior
approval of Company.
30. Patents
30.1 VENDOR hereby grants to Company and OWNER a nonexclusive, royalty free,
irrevocable license under patents now or hereafter owned by VENDOR which cover any
apparatus, article, process or composition used or produced in the performance of the
WORK.
30.2 VENDOR shall indemnify and hold Company and OWNER harmless from all costs,
expenses and/or damages arising out of any infringements or claims of infringements of
patents in the use or sale of MATERIALS and CONSTRUCTION EQUIPMENT except
MATERIALS and CONSTRUCTION EQUIPMENT furnished pursuant to Company's and/or
OWNER's design.
30.3 VENDOR shall promptly notify Company if VENDOR has or acquires knowledge of
any patent under which a suit for an alleged infringement reasonably could be brought in
connection with MATERIALS and CONSTRUCTION EQUIPMENT to be furnished pursuant to
Company's and/or OWNER's design.
30.4 Patents shall include copyrights and similar rights.
31. Insurance
31.1 Insurance by Company/Owner Without limiting the obligations or liabilities of the
VENDOR and his SUBCONTRACTORS, VENDOR and his subcontractors shall be coinsured
parties on the Construction All-Risk insurance policy to be maintained by Company or
OWNER, or be nominated parties to an indemnification arrangement to be specified, with
regard to physical loss and/or damage to the WORK and/or the PLANT.
VENDOR is deemed to have full knowledge of the terms and conditions of the insurance
or indemnification arrangement in force, a copy or extract of which may be seen at the
office of Company.
31.2 Insurance by Vendor VENDOR shall procure or maintain the following insurances at
his own expense:
a. Personnel
VENDOR shall provide cover for his personnel, whether engaged directly or indirectly in
the WORK, in accordance with the statutory requirements of the government or
governments having jurisdiction over VENDOR's personnel.
b. Liability Insurance
VENDOR shall maintain his existing insurances such as his liability insurance for bodily
injury, death and property damage. Such insurances shall include a waiver of recourse in
favor of OWNER and Company.
c. Automobile and Motorized Equipment
VENDOR shall maintain or arrange for legal liability insurance for all automobile and
motorized CONSTRUCTION EQUIPMENT used or furnished by VENDOR, at least to the
limits required by law for public roads. Such insurance has to remain in force whilst on
the SITE and has to include a waiver of recourse in favor of OWNER and Company.
OWNER or Company except to the extent such loss or damage is recoverable from
insurance.
33. Hazardous Substances Indemnification
The WORK may involve activities falling under the coverage of laws and regulations
relating to the environment and may involve the potential of exposure of individuals to
hazardous, toxic, or contaminated substances or may require the handling of same.
Notwithstanding any other provisions contained elsewhere in this PURCHASE ORDER to
the contrary, VENDOR shall protect, defend, indemnify, and hold harmless OWNER,
Company, its subcontractors, if any, and its and their officers, directors, employees,
agents, and representatives from and against any and all claims, losses, costs, expenses,
judgements, damages (including incidental or special damages), penalties and liabilities
suffered by Company or OWNER as a result of or arising out of or in connection with the
performance of work or services as it relates to the regulation of the environment,
including without limitation, those activities relating to:
1. Handling, storage, or disposal of hazardous, toxic, or contaminated substances,
whether above or below ground;
2. Hazardous waste exposure;
3. Pollution or contamination of air, land, water, property, or person;
4. Leakage or spills of hazardous substances, whether above or below ground; and
5. Removal and/or remediation.
VENDOR shall at all times retain exclusive control over ad final approval of and shall be
solely responsible for evaluation implementation, and all other decisions relating to
environmental laws, rules, and regulations. Further, VENDOR, by its execution thereof,
expressly releases Company from future liabilities which may arise in connection with
such decisions as they relate to environmental regulation. This indemnification shall
apply whether such regulation of the environment and safety is pursuant to Federal,
State, or Local laws, and in any event, including, without limitation, all respective
implementing regulations as may be in effect from time to time.
Further, this indemnification shall apply whether (1) the activities involve workers,
employees, or agents of OWNER, Company, VENDOR, or third parties; (2) the party
seeking indemnification is responsible for the situation giving rise to claim; or (3) the
claim results in a monetary obligation that exceeds VENDOR's contractual commitment
hereunder; provided however that VENDOR shall not be liable for the indemnification
hereunder to the extent that any such claim results for the sole or intentional misconduct
of OWNER or Company. A claim shall include all costs, expenses, penalties, attorneys'
fees, fines, and civil sanctions arising out of or related to such claim, including all those
related to the environmental, safety, and health aspects thereof, as well as any costs
related to investigation, removal, remedial action or other clean-up of hazardous, toxic,
or contaminated material.
34. Suspension
34.1 Company shall at any time, at their sole discretion, have the right to suspend the
WORK or any part thereof. Company shall notify VENDOR of such suspension by giving
five (5) working days' notice except in cases of emergency endangering persons,
operations, equipment or property when notice shall be effective immediately.
34.2 Upon suspension, VENDOR shall continue to execute any unsuspended WORK and
shall take all necessary actions to maintain and safeguard the suspended portion of the
WORK.
34.3 Within five (5) working days of written notice, VENDOR shall resume the suspended
part of the WORK. In the event VENDOR fails to adhere to such notice, termination for
default shall be applicable. Failure by Company to order a resumption within one hundred
and twenty (120) calendar days following suspension shall entitle VENDOR to abandon
the suspended portion thereof.
34.4 Company shall reimburse VENDOR only those costs as a result of suspension that
have been approved by Company.
35. Cancellation
35.1 Company shall at any time, for any reason at their sole discretion, have the right to
cancel the WORK or any part thereof. Company shall notify VENDOR of such cancellation
by giving five (5) working days' notice, except in cases of emergency endangering
persons or property when notice shall be effective immediately.
35.2 Immediately after notification of cancellation of the WORK, VENDOR shall deliver to
Company all drawings, specifications and information related to the WORK, irrespective
as to whether such drawings, specifications or information are supplied by Company or
VENDOR.
35.3 Immediately after notification of cancellation of the WORK and if Company so
instructs, VENDOR shall take all steps necessary to fully vest in Company or OWNER as
required the rights and benefits of VENDOR under existing contracts with third parties. In
the absence of such instruction, VENDOR shall terminate the contracts with these
parties.
35.4 In the event of cancellation, Company shall reimburse VENDOR the cost of
MATERIALS incorporated in the PLANT and the value of the WORK executed up to the
time of cancellation. Other costs shall only be paid when they have been approved by
Company.
35.5 VENDOR shall remain liable under the terms of the Guarantees for the portion of
the WORK executed and for the MATERIALS supplied up to the time of cancellation.
36. Termination, Suspension, Cancellation Liabilities
In the event of termination, suspension or cancellation of the WORK or any part thereof,
neither Company nor OWNER shall be liable to VENDOR for any loss or damage either
direct or consequential, as a result of such termination, suspension or cancellation
except as defined in Articles 25.0, 34.0 and 35.0 respectively.
37. USA Export Administration Regulations
VENDOR shall not disclose or ship, directly or indirectly, any information made available
to VENDOR pursuant to or in connection with the PURCHASE ORDER or the direct product
thereof (equipment, plant, process or service) to any country where such disclosure or
shipment is restricted by the laws and regulations of the United States of America.
38. Assignment and Subcontracting
38.1 VENDOR shall not assign or subcontract the PURCHASE ORDER, nor any part
thereof, nor any interest therein, to a third party, to an associated or subsidiary company
of VENDOR, to a company with whom VENDOR is engaged in a joint venture, nor any
other company or organization without the prior written approval of Company, both in
respect to the portion to be assigned or subcontracted and the party to which VENDOR
proposes to assign or subcontract.
38.2 Such approval by Company shall not relieve VENDOR from any of his
responsibilities, obligations or liabilities under the PURCHASE ORDER and VENDOR shall
bear the entire responsibility for his assignees or SUBCONTRACTORS, as the case may
be, and their respective employees in the same way as for his own employees. VENDOR
shall ensure that his obligations hereunder, insofar as necessary or practicable to secure
proper and timely execution of the WORK, shall be fully reflected as obligations of
assignees or SUBCONTRACTORS respectively in all assignments or subcontracts and that
relevant information and instructions from Company shall be passed on to these
assignees or SUBCONTRACTORS respectively.
38.3 No assignment or subcontract shall bind or purport to bind Company and each
assignment or subcontract shall provide for the possibility of its immediate termination in
the event of termination or cancellation of the PURCHASE ORDER.
38.4 All assignments and subcontracts issued by VENDOR for the supply of MATERIALS
or WORK shall be in writing and shall include that the assignment or subcontract is
subject to expediting and inspection by Company. VENDOR shall furnish Company with
three (3) unpriced copies of each assignment or subcontract immediately following its
issue.
38.5 Company is entitled to assign the PURCHASE ORDER at any time to an affiliated
Company or to OWNER, upon giving VENDOR at least ten (10) calendar days prior written
notice.
39. Force Majeure
39.1 Loss or damage or delay in, or failure of performance of either party hereto, shall
not constitute default hereunder or give rise to any claims for damages if and to the
extent that such loss, damage, delay or failure is caused by force majeure which is, for
this purpose, defined as occurrences beyond the control of the party affected, and which,
by the exercise of reasonable diligence, said party is unable to prevent.
39.2 Upon the occurrence of force majeure, the party so affected shall promptly give
notice to the other party, to be confirmed in writing, and shall use its best efforts to
mitigate the effect upon fulfillment of the WORK and shall resume performance of the
WORK as soon as possible.
40. Applicable Law
The PURCHASE ORDER shall be governed by the law of The Netherlands. All disputes
arising in connection with the PURCHASE ORDER shall be settled