tender conditions - osts, malwan - 21-01-09 - bharat petroleum · bharat petroleum corporation ltd....

Bharat Petroleum Corporation Ltd.

______________________________________________________________________________________

Volume: Technical/Commercial Specifications

:I N D E X:

S.NO. DESCRIPTION

1. Tender Covering Letter

2. General Conditions of Tender

3. Brief Details of Project

4. Memorandum of Agreement

5. Special conditions of Contract

6. Appendix

7. Electrical Specifications

8. Mode of Measurements

9. General Notes

10. List of Mandatory Tests

11. List of Approved Materials

12. Approved Electrical Makes

13. Bill of quantities

14. Site Layout Plan

15. Self addressed envelope


______________________________________________________________________________________


LIST OF ENCLOSED DRAWINGS:

S.No. DESCRIPTION DRG. NO.

DRAWINGS:

• Site Layout Plan

• Soak pit

• Electrical layout plan

N.B.:

All tender drawings are meant to give tenderers the general idea about the scope of

work.

The Detailed set of working drawings shall be issued to the successful tenderer based

on the tender drawings.


______________________________________________________________________________________


BHARAT PETROLEUM CORPORARTION LTD.

Our Ref : LKO. OSTS. MALWAN Date:

Tender No:

Closing Date/Time:

3.00 PM

RFQ No :

Dear Sir/s,

Sub: Tender for Large Format Retail Outlet (OSTS) at Malwan, Distt. Fatehpur

We shall be glad to receive your lowest quote for the above work. Following documents are

enclosed to enable you to fill in your quotation:

1. General condition of tender

2. Drawings

3. Schedule of quantities and specifications for the work involved.

Your quotation, together with the copy of General Conditions of Tender and drawings duly

signed should be submitted in the envelope duly sealed. It should either be posted in the

tender box at our office or sent by registered post so that it reaches us before the 3:00 P.M.

on the due date. You, or your authorized representative may be present at 3:15 pm on the due

date during the opening of the same. Please ensure that your name or any other identification

mark does not appear on the envelope as otherwise your tender is liable to be disqualified.

We request you to carefully go through all tender documents, visit site before submitting

your quotations. Contractor shall work to ensure completion of the job within 120_days.

Time is the essence of the project and no deviation on completion schedule will be

acceptable and tender if submitted with deviation will be disqualified. Any clarifications

regarding the work can be had on any working day during normal working hours.

Please note that incase you receive subsequent tenders also for similar large format ROs,

award of work shall be subject to your total financial limit of registration with BPCL.

We shall appreciate your returning the tender document in case you are not interested in

quoting for this tender.

Yours Faithfully

For Bharat Petroleum Corporation Ltd.


______________________________________________________________________________________


ADDENDUM TO GENERAL CONDITIONS OF TENDER

Following changes / additions have been made to General Conditions of Tender. Tenderer to

note the changes / additions made in GCT and these shall be read in conjunction with the

General Conditions of Tender.

A.CHANGES IN THE GENERAL CONDITIONS OF TENDER (GCT)

Following clauses have been modified which supersedes the earlier text of the

respective clauses of the GCT.

CLAUSE NO. 9: RATES

Party shall note that quoted rates should be inclusive of all material, labour,

electricity, water, power equipment, tools / tackles, centering, shoring, lifts, leads,

scaffolding, excise / customs / octroi duties, sales tax, works contract tax, trade tax,

turnover tax & cess etc. levied by State / Central authorities. All materials are to be

supplied by the tenderer unless otherwise stated.

CLAUSE NO. 38: FINAL BILLS / RETENTION MONEY

On completion of the work to the satisfaction of BPCL and after clearing the debris,

tools, tackles, materials etc. from the site, the contractor shall submit his final bill

based on the jointly recorded measurement of actual work done. Payment of final bill

will be made after adjusting interim payments, recoveries if any, and retention

amount deducted and retained.

Payments for each of the Running Bill of the contractor shall be limited to 90% of the

value of work certified. At the end of the contracted work, 10%-retained value as

above will be converted to Retention Money for a period of 6 months. No interest will

be paid on money retained by the Company. Retention money shall be paid to the

contractor after 6 months from the date of final bill payment after adjustment any

dues/claims of the Corporation against the contractor for any reason whatsoever as

per the agreement, which may arise within the defect liability period of 6 months.

Retention money is deductible for all jobs of a value exceeding Rs.1,00,000.00 each

at 10% of the value of the gross bill amount, less TDS and WCT – with the

introduction of Extended Withholding Tax (EWT) functionality in SAP.

On specific request of the contractor, BPCL may agree to release Retention Money of

running/final bill against Performance Bank Guarantee (in approved format) valid till

6 months from the date of completion of job plus a lodgment period of 3 months,

provided such request is received in writing at the time of responding to the Tender

Enquiry and PBG is submitted along with duly acknowledged agreement. NO mid-

course release of Retention Money shall be entertained till end of defect liability

period.


______________________________________________________________________________________


Any defects noticed during the inspection and earlier shall be made good by the

successful tenderer at his cost to the satisfaction of the Company’s engineer. In the

event of the successful tenderer failing to make good the defects, the company shall

have the right to get the defects rectified by any other agency at the cost of successful

tenderer, and for this purpose deduct such sums from the retention money.

CLAUSE NO. 43: NOTICE TO TENDERERS

Sub clause – 6: over writings, corrections and alterations are to be avoided. In case

corrections become necessary, the same should be initialed by the person signing the

tender.. Tenderers are advised not to use any type of corrections fluid.

B. ADDITIONS TO THE GENERAL CONDITIONS OF TENDER (GCT)

I. OPENING OF PRICE BIDS IN PRESENCE OF TENDERER

FOR SINGLE BID (COMPOSITE BID) :

1. For the composite bid, price bid shall be opened by BPCL’s tender opening

committee at Lucknow office at 3.00 PM on the due date of the tender schedule.

2. Bids shall be opened in the presence of tenderers. The tenderers may be present at the

time of opening of price bid on the date, time & venue as mentioned in the cover note

of the tender document. No separate intimation will be sent in this regard unless there

is any change in the schedule of opening of tender.

3. Only one authorized representative from each Tenderers shall be permitted to be

present during the opening of the price bids.

4. The Tenderer’s representative shall furnish a letter of authority duly authorized by a

competent person of the company for which he / she is representing.

5. The Tenderer’s representative will have to sign in the statement of tenderers presence

in the prescribed format evidencing their attendance.

6. The final quoted prices, delivery / completion and all other relevant details /

qualifications; if any (including the tender summary sheet) shall be read out to the

tenderers present. Tenderers to note that there will not be any declaration of L 1 or

L 2 or L3, only the final net price as submitted in the “tenderers summary sheet” shall

be recorded in the statement of tenderer’s presence.

7. BPCL shall not provide any Xerox copy nor give the other tenderer price on a

separate piece of paper and tenderer may have to note while being read out.


______________________________________________________________________________________


8. The final quoted prices as recorded in the statement are subject to change due to

arithmetical / totaling and calculation errors and loading if any, after completion of

detailed evaluation statement.

9. The job shall be awarded to the successful Tenderer, after compliance to all terms and

conditions as stipulated in the tender document and whose bid has been evaluated as

lowest after evaluation & incorporating corrections, if any.

10. BPCL reserves the right to reject any or every tender without assigning any reason

whatsoever and or to negotiate with the tenderer(s) in the manner company considers

suitable.


______________________________________________________________________________________


BRIEF DETAIL OF PROJECT

The site is located in District Fatehpur in the state of Uttar Pradesh at KM 534.891 (LHS) at

village Malwan on NH-2. The proposed Large Format Retail Outlet (OSTS) “One Stop

Truckers Shop” consists of Retail Outlet with state of the art fueling experience for highway

users.

In the initial stage, only fueling facility will be constructed, and in future, the following

facilities will be provided (not in the scope of work):

1. The Truckers will be provided with quality experience of fueling, staying at site,

food as well as recreation facility along with facility of washing truck, self cooking

place and visibility of parked vehicle.

2. The car travelers will have state of the art fueling experience, enjoying indoor and

out door eating along with secured, visible place of their children to play/enjoy.

3. The facilities proposed are Dhaba, Dormitory, Toilets, Saloon, General store,

laundry, self cooking & truck washing area with standard class of infrastructure in the

form of power backup, recreation etc. The recreation place for truckers is provided in

the form of amphitheatre for enjoying local programs, audio visual arrangements etc.

The structural system of the built up area shall be of framed structure as per the basic

drawings attached along with the RCC slab in sales room.


______________________________________________________________________________________


MEMORANDUM OF AGREEMENT NO……………………..

AN AGREEMENTT made this …………………………………………day of

…………………2009 between BHARAT PETROLEUM CORPORATION

LIMITED, a Bharat Petroleum Corporation Ltd. incorporated in India and having its

registered office at “Bharat Bhawan “ 4 & 6, Currimbhoy Road, Ballard Bombay-

400001 and also having its office at A- 5 & 6, Sector -1, Noida-201301,Uttar Pradesh

(hereinafter referred to as the “Bharat Petroleum Corporation Ltd.”) of the one part

and……………………………………………………..of

…………………………………………………………hereinafter referred to as the

“Contractor”) of the other part.

WHERE AS IT IS AGREED:

1. The Contractor shall carry out the construction and complete the work of

Construction of New Retail outlet complex(OSTS) at Malwan, Tehsil Bindki, Distt.

Fatehpur (DEVELOPMENT WORKS, CIVIL, SANITARY, ELECTRICALS,

MECHANICAL) for the Bharat Petroleum Corporation Ltd. on the terms and conditions

herein contained and according to the General Conditions of Tender Specifications and

Schedule of rates and plan attached, and instructions to be given by and under the supervision

of and to the entire satisfaction of the Bharat Petroleum Corporation Ltd.’s authorized

representative at Lucknow and has to by way of earnest money deposit/security money

deposit for the due fulfillment of this obligations hereunder, lodged with the Bharat

Petroleum Corporation Ltd. a deposit of Rs. 1,00,000.00 (Rs. One lakh only) by a Bank Draft

as required in Clause 1.11 of the Notice inviting Tenders to the Bharat Petroleum

Corporation Ltd.’s satisfactions.

2. Inspection of Site: The contractor shall inspect the Site and understand the working

conditions before submitting his tender and satisfy himself as to the nature of the work to be

executed on the site. Any difficulties which the Contractor may come across in the course of

the work shall neither in any way relieve him from fulfilling the terms of this agreements nor

entitle him to claim or receive extra payments, unless the Bharat Petroleum Corporation

Ltd.’s authorized representative is of the opinion that such difficulties could not have been

foreseen.

3. Supply of Material / Labour: The contractor shall furnish all labour, materials,

equipment, tools, tackles, water, electricity & every thing necessary for the construction &

completion of the work except such materials as will be supplied by the Bharat Petroleum

Corporation Ltd. which are detailed in Schedule attached hereto. The Contractor will assume

all responsibility for the safety, protection & accounting of all material / equipment supplied

to the contractor & the work during construction. The details & dimensions shown on the

plan shall be adhered to by the Contractor & no alteration shall be made therein by the

Contractor without obtaining previous approval in writing from the authorized representative.

The Contractor shall prepare his own details and shop plans, templates, patterns and other

data where required, and shall adhere to all measurement and alignment as shown on the

plan.


______________________________________________________________________________________


All materials supplied by the Contractor shall be of the best quality, conforming to the

required specifications and will be subject to the approval of the Bharat Petroleum

Corporation Ltd.’s authorized representative. All such materials as shall not be approved

shall be removed at once by the contractor at his own expense. The Contractor shall also

arrange for and/or carry out any test of the materials, which the Bharat Petroleum

Corporation Ltd.’s authorized representative may from time to time require, if so desired by

the Bharat Petroleum Corporation Ltd., the Contractor will frame, in favour of the Bharat

Petroleum Corporation Ltd., a guarantee indemnity of a Scheduled Bank, in respect of any

loss/damage to the Bharat Petroleum Corporation Ltd., arising from any failure of the

Contractor to discharge his responsibility for the safety and protection of all

material/equipment supplied by the Bharat Petroleum Corporation Ltd. and of the work

during execution.

4. Damage on account of incomplete work: The Contractor shall commence the work

immediately on receiving written instructions to that effect. The work shall be progressed in

accordance with the agreed schedule of stages and all stages should be complete within

specified time and whole work shall be completed and handed over ready for use within 120

days from the date of commencement of work (time being of the essence), failing which the

Contractor shall pay or allow the Bharat Petroleum Corporation Ltd. 0.5% of the actual

Contract value per week or part thereof subject to a maximum of 5% of the total actual

contract value(As per liquidity damages clause 38 of S.C.C.) as damages for extra time taken

until the work is completed and handed over. Such damages may be deducted by the Bharat

Petroleum Corporation Ltd. from any money due to the Contractor.

5. Determination of Contract: In the event of the Contractor failing to keep to the

agreed scheduled of work, or in the event of the Contractor failing to complete the work

within the stipulated period, the Bharat Petroleum Corporation Ltd. may not withstanding the

provisions in Clause 4 above, terminate this agreement forthwith and employ at the

Contractor’s cost, another contractor or a sufficient number of workmen to complete the

work in which event the damages specified in Clause 4 above shall not apply from the date

this agreement is terminated.

6. Defective work/materials: If any part of the work done by the Contractor shall be

found defective in workmanship or if bad or inferior materials have been used. The

Contractor shall at his own risk and cost demolish all such defective work and rebuild the

same and/or replace the bad or inferior materials used, to the satisfaction of the Bharat

Petroleum Corporation Ltd.’s authorized representative. The decision of the Bharat

Petroleum Corporation Ltd.’s authorized representative in this regard shall be final and

binding on the Contractor. In case of default of the Contractor to remove the defective work

and rebuild the same or replace the bad or inferior materials as aforesaid, as directed by the

Bharat Petroleum Corporation Ltd.’s authorized representative, the Bharat Petroleum

Corporation Ltd. shall be entitled to employ anyone else to carry out the same and recover all

expenses incurred in this regard from the Contractor.

7. Substitution of Contractor: If the Bharat Petroleum Corporation Ltd. finds it

necessary to employ and other person(s) in terms of Clause 5 and/or 6 above then the Bharat


______________________________________________________________________________________


Petroleum Corporation Ltd. may deduct and retain from out of the sums due to the Contractor

all such sums of money as may be required to pay or to reimburse themselves in respect of

the expenses which they may have to pay or have incurred in getting the work so done and if

such expenses be more than the amount due to the Contractor, then the difference shall be

debt recoverable from the Contractor by the Bharat Petroleum Corporation Ltd.. The

Contractor shall not do or cause to be done any act, manner or thing, which would prevent

the person(s) so employed by the Bharat Petroleum Corporation Ltd. from doing their work.

On termination of the agreement as aforesaid, the Contractor shall at his own risk and cost

remove from the work-site within the time prescribed by the Bharat Petroleum Corporation

Ltd. all materials, tools, equipment which the Bharat Petroleum Corporation Ltd. considers

are not useful for its requirement. If the Contractor does not remove the materials within the

time prescribed, the Bharat Petroleum Corporation Ltd. may remove and sell the same

holding the proceeds less the cost of storage, removal and sale, to the credit of the

Contractor. Should the Bharat Petroleum Corporation Ltd. incur any loss in respect of the

sale, it shall be entitled to recover the same, from the Contractor. The Bharat Petroleum

Corporation Ltd. shall however be entitled to purchase the materials inspected and approved

as useful for its requirements, at the prices then prevailing.

8. Inspection of work: During progress of the work, the engineer or any other

representative of the Bharat Petroleum Corporation Ltd. and Site Engineer shall be entitled at

all time to have access to and inspect the work.

9. Supervision: The Contractor shall provide one or more competent and technical

supervisors duly and fully authorized to act on his behalf in all matters relating to the works

to be carried out under or any other matter concerning this agreement and who shall at times

we present at the works when any work in progress. Such supervisors shall be person to

known experience and be approved by the Bharat Petroleum Corporation Ltd. authorized

representative before they are permitted in any way to take charge of, or superintend any

operations of the work. Any directions, explanation, instructions or notice in connection with

the work given by the Bharat Petroleum Corporation Ltd.’s authorized representative to the

supervisor or any one of them shall be deemed to have been given to the Contactor.

10. Payment for work done: During the progress of the work, the Contractor, at the sole

discretion of the Bharat Petroleum Corporation Ltd.’s authorized representative may receive

interim payment up to a maximum of 90% proportionate to the amount of work performed,

after such work has been inspected and approved by such representative. The interim

payments shall be made in following stages:

1st Stage 25% of the work assigned is complete

2nd

Stage 50% of the work assigned is complete

3rd

Stage 75% of the work assigned is complete

4th

Stage 100% completion of the work assigned


______________________________________________________________________________________


Payments of the final bill will be made after adjusting the interim payments, and retention

money as follows will be deducted and retained for a period of six months to safeguard

against defects arising out of faulty workmanship/materials/provided by the Contractor and

against any other claims against the Contractor from any other reason whatsoever.

a. Payment for each of the running bill of the Contractors shall be limited to 90% of

the value and works certified.

b. At the end of the Contracted works, 10% retained value as above will be

converted to Retention money, for a period not less than six months.

11. The Contractor must submit his final bills in duplicate based on measurements jointly

recorded by Bharat Petroleum Corporation Ltd.’s Site Engineer/ Engineer and with the

Contractor’s authorized Representative, All payment against the bill will be made by Cheque

and such payments shall be subject to deduction of income tax & WCT as may be applicable

from time to time.

12. The Bharat Petroleum Corporation Ltd.-in consideration of the Contractor

constructing and carrying out the work shall pay the Contractor at the rates given in the

attached Schedule, subject to deductions, retention and abatements, if any to be made there-

from. The payment in all cases will be in accordance with the actual quantities, based on the

measurement as specified in Cause 11 above recorded by the Bharat Petroleum Corporation

Ltd.’s Engineer in-charge and certified by the Site Engineer.

13. Subletting Contract: The Contractor shall not without the prior written consent of

the Bharat Petroleum Corporation Ltd. first had and obtained sublet or assign this Agreement

or any part there of PROVIDED ALWAYS that any consent responsibility of his obligations

under this Agreement and/or instructions issued to him given by the Bharat Petroleum

Corporation Ltd. for signing subletting will not relieve the Contractor from the full and final

responsibility of the part and partial of the work carried out by the sub-let party.

14. Workmen’s Compensation Liability: The Contractor, his heirs, executors and

administrator (and in the case of Limited Bharat Petroleum Corporation Ltd., its successors

and assigns) shall hold the Bharat Petroleum Corporation Ltd. harmless and indemnified

from and against all claims, costs and charge for which the Bharat Petroleum Corporation

Ltd. shall be liable under the workmen’s Compensation Act, and any enactment for the time

being in force in that behalf and any amendments thereof and the expenses to which it shall

be put there under, both in respect of personal injuries (within the meeting of the said Act) to

the employees and servants of the Contractor sub-contractors, if any, and/or permitted

assigns, arising out of or occasioned during the currency of this agreement, through the acts,

or omissions whether due to negligence or otherwise if the Contractor, sub-Contractor(s),

permitted assigns and also in respect of the personal injuries (as understood under the said

Act,) to the servants and employees of the Bharat Petroleum Corporation Ltd. arising out of

or occasioned through, the acts and commissions whether due to negligence or otherwise, of

the Contractor, sub-Contractor(s) permitted assigns and/or his servants and employees in

carrying out of the provisions of this Agreement. The Contractor shall further indemnify the

Bharat Petroleum Corporation Ltd. against such claims from third parties in respect of

injuries arising out of or occasioned through the acts and omissions, whether due to


______________________________________________________________________________________


negligence or otherwise, of the Contractor, Sub-Contractors, permitted assigns and/or his

servants and employees in carrying out any of the provisions of this Agreement.

15. Liability under Employees State Insurance Act: Whenever the Bharat Petroleum

Corporation Ltd. is required to pay contributions in respect of the workmen or employees

engaged or employed by or through the Contractor, his Sub- Contractor or permitted assigns,

under the Employees State Insurance Act or the rules and Regulations, made there under

either as the Principal Company or otherwise howsoever, the Bharat Petroleum Corporation

Ltd. shall be entitled to recover from the Contractor such contributions which the Bharat

Petroleum Corporation Ltd. may pay. The Contractor will discharge his responsibilities under

the Employee’s State Insurance Act, 1948 as immediate employees engaged or employed by

him for the execution of work or as the next immediate Company in case he has sublet or

assigned the Agreement or the instructions as provided herein above. The Contractor

acknowledges the rights of the Bharat Petroleum Corporation Ltd. to recover the amount of

the contributions paid by the it in the first instance in respect of the employees employed by

or through him (the contractor) or by his Sub-Contractor or permitted assigns, as well as the

employees’ contributions if any either by deduction from any amount payable to him by the

Bharat Petroleum Corporation Ltd. under any contract or as a debt payable by him to the

Bharat Petroleum Corporation Ltd..

16. (a) Smoking and hot work: The contractor shall ensure that the he and or his

workman and or representatives shall not smoke or carry matches or lighters inside the

Bharat Petroleum Corporation Ltd.’s installations. Should ant injury resulting in death or not

or damage to any property occur as a result of smoking or matches or lighters being carried

in violation of this clause, the Contractor shall be held responsible for the consequences

thereof.

(b) When working in Bharat Petroleum Corporation Ltd.’s installations or Depots or at

Retail Outlets as the case may be the Contractor shall not shall not carry out any work

involving the use or fire, or which produces heat (such as welding), without obtaining

clearance from the Bharat Petroleum Corporation Ltd.’s authorized representative in writing.

Such work may then be undertaken only at places and under conditions stipulated by such

representative.

(c) The Contractor shall ensure that all work done by him in the Bharat Petroleum

Corporation Ltd.’s installations. Depot or Retail Outlets as the case may be will be in

accordance with the laid down safety procedures and systems. It will be his responsibility to

ensure that the supervisors provided by him are fully aware of and understand the laid down

safety procedures and systems.

17. Statutory Requirements: The Contractor shall conform to provisions of Acts of

parliament or State Legislatures and to any bye-laws, rules, orders or notifications of any

Government, Municipal or Local authority for the time being in force affecting the work

undertaken by him and will give all necessary notices to and requisite sanction and permits of

and from the Municipal and any other authority in respect of the said work of the materials to

be used thereat and generally will comply with building and other regulations of such

authorities and will keep the Bharat Petroleum Corporation Ltd. indemnified against all


______________________________________________________________________________________


claims, penalties and losses that may be incurred by it by reason of any breach by the

Contractor of any statutes bye-laws, rules, regulations, notifications etc.

“The Contractor undertakes to ensure due and complete compliance with all laws, regulations

rules etc. whether of the Central Government or the State Government or of any other

competent authority applicable to the workmen employed or whose services are otherwise

availed of by the Contractor whether in connection with the construction work at the site or

otherwise.

The Company shall have the right to inspect the records maintained by the Contractor

concerning such workmen from time to time and the contractor shall whenever required by

the Company produce such records as the Company may call upon the Contractor to produce

for the Company’s inspection in order to ascertain whether or not the requirements of all

such laws, regulations, rules etc. have been complied with by the Contractor. In event of any

contravention of such laws, regulations, rules etc. coming to light whether as a result of such

inspection or otherwise to effect such compliance within such time as the Company may

prescribe in that behalf and in the event of the Contractor failing to effect such compliance

within the time prescribed by the Company, then the Company shall without prejudice to his

rights be entitled to withhold from the amount payable to the Contractor any amount payable

to the workmen under any such laws, regulations or rules to make payment thereof to the

workmen. The Company shall also have in that event the right to terminate contract with

immediate effect and to exercise powers reserved to the Company under the contract as a

result of termination.”

18. Clerical errors to be rectified: Neither party shall take any advantage of any clerical

error or mistake which may creep in or occur in the specifications, schedule of rates, plans,

instructions, tenders or any other papers supplied to or by the Contractor in connection with

the work, but such clerical error or mistake shall be brought to the notice by the one to the

other without any loss of time and same shall be rectified.

19. (a) Arbitration: Any dispute or difference of any nature whatever any claim, gross-

claim, or set off the Contractor against the Contractor or regarding any right, liability, act,

omission or account of any of the parties hereto arising out of or in relation to this agreement

shall be referred to the Sole Arbitration of the Director (Marketing) of the Corporation or to

an Officer of the Corporation who may be nominated by the Director (Marketing). The

Contractor will not be entitled to raise any objection to any such arbitrator on the ground that

the arbitrator is an Officer of the Corporation or that he has dealt with the matters to which

the contract release or that in the course of his duties as an Officer of the Corporation he had

expressed views, on all or any other matters in dispute or difference. In the event of arbitrator

to whom the matter is originally referred being transferred or vacating his office for being

unable to act for any reason, the Director (Marketing) as aforesaid at he time to such transfer,

vacation of office or inability to act may in the discretion of the Director (Marketing)

designate another person to act as arbitrator in accordance with the terms of the agreement to

the end and intent that the original Arbitrator shall be entitled to continue the arbitration

proceedings notwithstanding his transfer or vacation of office as an Officer of the

Corporation if the Director (Marketing) does not designate another person to act as arbitrator

on such transfer, vacation of office or inability of original arbitrator. Such persons shall be

entitled to proceed with the reference form the point at which it was left by his predecessor. It


______________________________________________________________________________________


is also a term of this contract that no person other than the Director (Marketing) or a person

nominated by such Director (Marketing) of the Corporation as aforesaid shall act as arbitrator

hereunder. The award of the arbitrator so appointed shall be final conclusive and binding on

all parties to the agreement subject to the provisions of the Arbitration Act 1940 or any

statutory modification or re-enactment thereof and the rules made there under for the time

being in force shall apply to the arbitration proceeding under this clause.

(b) The award shall be in writing and published by the Arbitrator within, two years after

entering upon the reference or within such extended time not exceeding further twelve

months as the sole Arbitrator shall be a writing under has own hands appoint. The parties

hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and

publish the award within the period referred to hereinabove and shall not be entitled to raise

any objection or protest thereto under any circumstances whatsoever.

(c) The arbitrator shall have power to order and direct either of the parties to abide by

observe and perform all such directions as the arbitrator may think fil having regard to the

matters in difference i.e. dispute before him. The arbitrator shall have all summary powers

and may take such evidence oral and /or documentary, as the arbitrator in his absolute

discretion thinks fit and shall be entitled to exercise all powers under the Indian Arbitration

Act, 1940, including admission of any affidavit as evidence concerning the matter in

difference i.e dispute before him.

(d) The parties against whom the arbitration proceedings have been initiated, that is to

say, the Respondents in the proceedings, shall be entitled to prefer a cross- claim, counter-

claim or set off before the Arbitrator in respect of any matter in issue arising out of or in

relation to the Agreement without seeking a formal reference of arbitration to the Director

(Marketing) for such counter-claim or set off and the Arbitrator shall be entitled to consider

and deal with the same as if the matter arising therefore has been referred to him originally

and deemed to form part of the reference made by the Director (Marketing).

(e) The arbitrator shall be at liberty to appoint, if necessary any accountant or

engineer or other technical person to assist him, and to act by the opinion as taken.

(f) The arbitrator shall have power to make one or more awards whether interim or

otherwise in respect of the dispute and difference and in particular will be entitled to make

separate awards in respect of claims or cross-claims of the parties.

(g) The arbitrator shall be entitled to direct any one of the parties to pay the costs of the

other party in such manner and to such extent as the arbitrator may in his discretion

determine and shall also be entitled to require one or both the parties to deposit funds in such

proportion to meet the arbitrators expenses whenever called upon to do so.

(h) The parties hereby agree that the courts in the city of New Delhi alone shall have

jurisdiction to entertain any application or other proceedings in respect of anything arising

under this agreement and any award or awards made by the sole arbitrator here under shall be

filed in the concerned courts in the city of New Delhi only.


______________________________________________________________________________________


“The parties to this agreement shall not be responsible for any failure of performance or

delay in performance of their obligations hereunder if such failure or delay shall be a result

of any Government directive relevant to this agreement or due to war, hostility, act of public

enemy riots or civil commotion, strikes, look-out, fire, floods, epidemic or acts of God,

arrests and restraints of rulers and people, political or administrative acts of recognized or

defector governments, import or export restriction compliance with orders of any

governmental/local authority or any other cause or causes beyond their control.”

20. Jurisdiction: This agreement shall be deemed to have been made in Delhi and shall

be construed according to the laws of India and the performance by the Contractor of and act

on his part herein contained be considered due in Delhi for purpose of jurisdiction. In witness

whereof the said contracting parties have set hands and seals on the day and year first herein

above witness.

Witness COMPANY

Witness CONTRACTOR


______________________________________________________________________________________


SPECIAL CONDITIONS OF CONTRACT

1.0 Interpretation

In construing these conditions, the specifications, the priced bills Quantities,

tender and agreement, the following words shall have the meanings herein

assigned to the expect where the subject or context otherwise requires:-

“COMPANY” shall mean Bharat Petroleum Corporation Ltd. and his heirs, legal

representatives, assigns and successors.

“CONTRACTOR” shall mean the individual or firm or Bharat Petroleum

Corporation Ltd., whether incorporated or not, undertaking the works and shall

include legal personal representatives of such individual or the persons

comprising such firm or Bharat Petroleum Corporation Ltd., or the successors of

such individual or firm or Bharat Petroleum Corporation Ltd. and the permitted

assigns of such individual or firm or Bharat Petroleum Corporation Ltd..

“SITE” shall mean plot for Large Format Retail Outlet(OSTS) situated at

Malwan, Tehsil Bindki, Distt. Fatehpur (DEVELOPMENT WORKS, CIVIL,

SANITARY, ELECTRICALS) as allotted by the Company or the Site Engineer

for the purpose of carrying out this contract.

“THIS CONTARCT” shall mean the Articles of agreement, these conditions, the

priced bill of quantities, the specifications. The Appendix and the drawings,

additional instructions issued till the receipt of the Tender and subsequent

correspondence if any till date of acceptance of tender, and the letter of

acceptance of contract.

“ACT OF INSOLVENCY” shall mean any act of insolvency as defined by the

Presidency Towns Insolvency act, or the Provincial act or any amending Statute.

“NOTICE IN WRITING” or written notice shall mean a notice in written, typed

or printed characters sent (unless delivered personally or otherwise proved to have

been delivered) by registered Post to the last known private or business address or

registered office of the addressee and shall be deemed to have been received when

in the ordinary course of Post it would have been delivered.

“VIRTUAL COMPLETION” shall mean that the OSTS is in the opinion of the

Company is fit for commercial use of all its facilities.

“NET PRICES” if in arriving at the contract amount, the Contractor shall have

deducted from the total of the items in the Tender any percentage, then the net

price of any item in the Tender shall be the sum arrived at by deducting from the

actual figure appearing in the Tender as the price of that item a similar percentage

deducted by the contractor from the total amount of the Tender. The expression


______________________________________________________________________________________


‘Net rates or net price’ when used with reference to the contract or Accounts shall

be held to mean the rates or prices so arrived at.

“SITE ENGINEER” shall mean the authorized representative of the

company/PMC at site.

2.0 Site Engineer’s status and decision

The Site Engineer with the concurrence of Corporation may from time to time

issue further Drawings, details and/or written instructions, written directions and

written explanations in regards to:-

a Variation or modification of the design.

b The quality or quantity of works or the additions or omission or substitution of

any work.

c. Any discrepancy in or divergence between the drawings and/or the

specifications and/or the bills of quantities.

d. The removal and/or re-execution of any work executed by the contract.

e. The dismissal from the works of any person Company there-on.

f. The opening up for inspection of any work covered up.

g. The amending and making good of any defect under defects liability period.

h. The removal from the site of any material brought thereon by the contractor

and the substitution of any material thereof.

i. Assignment and sub-letting.

j. Delay and extension of time with the consent Company.

k. Postponement of any work to be executed under the provision of this contract.

The decision in regard to above shall be binding to the Contractor.

3.0 Bill of Quantities

The quantities given in the bill of quantities are provisional and are meant to indicate the

intent of the work and to provide a uniform basis for tendering. The Company reserves the

right to increase or decrease any of the quantities or to totally omit any item of work and the

Contractor shall not claim any extras or damages on these grounds.


______________________________________________________________________________________


The bill of quantities unless otherwise stated shall be deemed to have been prepared in

accordance with the company’s standard specification / SOR up to date or otherwise as

mentioned in the specifications and shall be considered to be approximate and no liability

shall be attached for any error.

Any error in the description or in quantity or omission of items from the bill of

quantities shall not vitiate this contract but shall be treated as a variation.

4.0 Scope and Intent

4.1 Scope: The general character and the scope of the work is illustrated and defined

by the specifications and bill of quantities herewith attached and by the signed drawings. If

the contractor shall find any discrepancy in or divergence between the drawings and/or the

specifications and/or the bill of quantities he shall immediately give to the site Engineer a

written notice specifying the discrepancy or divergence and the Site Engineer shall issue

instructions in regard there to.

4.2 Extent: The Contractor shall carryout and complete the work in every respect in

accordance with this contract and with the direction of and to the full satisfaction of the site

Engineer. The Site Engineer may with concurrence of company issue further drawings details

and/or written instruction; written directions, written explanations all of which are

collectively referred to as Site Engineer’s instructions. All such drawings and instruction

shall be consistent with the contract document, true development thereof and reasonable

inferences there from.

4.3 Intent: The intention of the document is to include all labour and materials,

equipment and transportation necessary for the proper execution of the work. All such

drawings and instructions shall be consistent with contract document, true developments

thereof and reasonably inferences there from. Materials of work described in words which so

applied have a well known technical or trade meaning shall be held to refer to such

recognized standard.

5.0 Contract Drawings

5.1 In general the drawings shall indicate dimensions; positions and type of

construction the specification shall indicate the quantities and the methods, and the bill of

quantities shall indicate the quantum and the rate for each items of work. Any work indicated

on the drawings and not mentioned in the specifications or vice versa shall be furnished as

thought fully set forth in both. Work not specifically detailed; called for, marked or specified

shall be the same as similar parts that are detailed, marked or specified.

5,2 The Contractor’s work shall not deviate from the drawings and specifications. The

Site Engineer interpretation of these documents shall be final and without appeal.

5.3 Errors or inconsistencies discovered in the drawings and specification shall be

promptly brought to the attention of Site Engineer for interpretation or correction.

Local conditions which may affect the work shall likewise be bought to the Site


______________________________________________________________________________________


Engineer’s attention. If at any time, it is discovered that work is being done which is

not in accordance with the contract drawings and specifications the contractor shall

correct the work immediately. Correction of defective work shall not be a basis for any

claim for extension of time. The contractor shall not carry on work except with the

knowledge of the clerk of works.

5.4 Figured dimensions on the scale drawings and large size details shall govern. Large

size details shall take precedence over small scale drawings. Any work done before

receipt of such details, if not in accordance with the same, shall be removed and replaced

or adjusted, as directed, by Contractor without expense to the Company. The general

conditions apply with equal force to all work including authorized extra works.

5.5 All drawings bill of quantities, specifications and copies thereof furnished by the

company are the Company’s property. They shall not be used for any other work and shall be

returned to the Company on completion or termination of the contract before the issue of the

certificate for the Balance of his account, under the Contract. This contract and the signed

drawings, specifications and bill of quantities shall remain in the custody of the Company

and shall be produced by him at his office as and when required by the Company or by the

contractor.

5.6 Reinforcing steel bar bending schedule if requested by the Site Engineer shall be

furnished by the Contractor at least three days prior to the fabrication of the reinforcement.

6. Site Engineer Instructions

i. The contractor shall forthwith comply and duly execute any works comprised in such

instructions issued to him by the Site Engineer in regard to any matter in respect of which the

Site Engineer is expressly empowered by these conditions to issue instructions provided

always that verbal instruction directions and explanations given to the contractor by the

Company shall be followed.

ii. If within seven days after receipt of a written notice from the Site Engineer/ Site Engineer

requiring compliance with an instruction, the contractor does not comply herewith, then the

Company may employ and pay other persons to execute any work whatsoever which may be

necessary to give effect to such instruction and all cost incurred with such employment

shall be recoverable from the contractor by the Company as a debt or may by deducted by

him from any money due or to become due to the contractor under this contract.

7. Facilities and Co-operation

The Company reserves the right to execute any work not included in the contract, which he

may desire to have carried out by other persons and the contractor shall allow all reasonable

facilities and the use of his scaffolding and plant for the execution of such work, but is not

required to provide any special plant or material for the execution of such work, expect by

special arrangement with the Company. Such work shall be carried out in such manner as not

be responsible for any damage or delay which may happen to or occasioned by such work.


______________________________________________________________________________________


8. Setting Out

The Site Engineer shall determine any lines levels which may be required for the execution

of the work and shall furnish to the contractor by way of accurately dimensioned drawings,

such information as shall enable the contractor to set out the work at ground level.

The Contractor shall set out and level the work and shall be responsible for the accuracy of

the same. He shall provide all the instruments and attendance required by the Site Engineer

for checking the work. He shall entirely at his own cost emend to the satisfaction of the Site

Engineer any error found at any stage which may arise through in accurate setting.

9. Site

9.1 Visit: Before tendering the contractor shall have visited and examined the site and

satisfied himself as to the nature of the existing roads or other means of communication

and the character of the soil and of the execution the correct dimensions of the work and

the facilities for obtaining any special articles called for in the contract document and

shall have obtained generally his own information on all matters affecting the

continuation and progress of the work. No extra charge made in consequence of any

misunderstanding or incorrect information on any of these points or on the ground of

insufficient description, will be allowed. Should the contractor after visiting the site, find

any discrepancies, omissions, ambiguities or conflicts document, or to be in doubt as to

their meaning, he shall bring the question to the Company’s attention, not later than

Three days before the last date for submission of the tender.

9.2 Possession: The contractor shall be allowed admittance to the site on the

‘Date of commencement ‘stated in the appendix and he shall thereupon and

forthwith begin the work and shall regularly proceed with and complete the same on or

before the ‘Date of completion’stated in the appendix nevertheless to the provision for

extension of time herein after contained.

10. Samples and Shop Drawings

10.1 After the award of the contract, the contractor shall furnish for the approval of the Site

Engineer with such promptness as to cause no delay in his work or in that of any other such

contractor, samples and shop drawings required by the Site Engineer. Samples shall be

delivered as directed by the Site Engineer.

10.2 The Site Engineer shall check and approve such samples with reasonable promptness

only for conformity with the design, concept of project and for compliance with information

in the contract document. The work shall be in accordance with the approved samples.

Commencement of work without approval shall be entirely at the risk and cost of the

contractor. No delay due to non availability of materials, tools, equipment etc. will be

entertained by the corporation.


______________________________________________________________________________________


11. Bar Chart

The Project Management Consultant shall prepare BAR Chart as consented/agreed by

contractor adhering to the completion time quoted in the agreement and submit the same to

the Site Engineer for his record within three days of the contract. The chart shall indicate the

expected date commencement and completion of each of the items of work.

12. Access

The Site Engineer and the Company shall at all reasonable time have free access to the work

and/or to the workshop, factors or other places where materials are being prepared or

constructed for the contract and also to any place where the materials are lying or from which

they are being obtained and the contractor shall give every facility to the Site Engineer and

representative, necessary for inspection/ examination and test of the materials Workmanship.

Only the representatives of Public Authorities no person shall be allowed on the works at any

time without the written permission of the Site Engineer.

If any work is to be done at a place other than the site of works, the contractor shall obtain

the written permission of the Site Engineer for doing so.

13. Site Engineer

The term “Site Engineer” shall mean the person appointed by the Company or Project

Manager Consultant to superintend the works. The contractor shall afford the Site Engineer

every facility and assistance for examining the works and materials and for checking &

measuring time and materials. Neither the Site Engineer nor any representative of the Site

Engineer shall have power to set out works or to revoke, after, entarge or relax any

requirements of the contract or to sanction any day work, additions alterations, deviations, or

omissions or any extra work whatsoever except in so far as such authority may be specially

conferred by a written order of the Company. The Site Engineer shall have power to give

Notice to the contractor or to his representative of non-approval of any work or materials and

Such work shall be suspended or the use of such materials be discontinued until the decision

of the Company is obtained. The works will from time to time be examined by the Site

Engineer, but such examinations shall not in any way exonerate the contractor from the

obligation to remedy any defects which may be found to exist at any stage of the works or

after the same is completed.

14. Contractor’s field Organisation and Equipment

14.1 Supervision: The contractor shall give all necessary personal superintendence

during the execution of the works and as works and as long thereafter as the Site

Engineer may consider necessary until the expiration of the ‘Defects Liability Period’

stated in the appendix hereto. The contractor shall also during the time, the works are in

progress employ a competent and qualified Foreman approved by the Site Engineer, who

shall be constantly in attendance at the works while workmen are at work. Any

directions or instruction given to him by the Site Engineer shall be deemed to have been

issued to the contractor. Attention is called to the importance of requesting instructions


______________________________________________________________________________________


from the Site Engineer before under-taking any work where Site Engineer’s directions or

instructions are required. Any such work done in advance of such instructions will be

liable to be removed,

14.2 Office Accommodation: The contractor shall provide erect and maintain where

directed, watertight office accommodation for the Site Engineer of BPCL. The

accommodation shall be well lighted ventilated and provided with windows, doors with a

lock. The Site Engineer office shall be a minimum of 100 Sq. ft area with a provision of

separate toilet and shall have a cooler/fan, a steel almirah, a table, minimum three chairs

and drawer for keeping drawings and tack board for displaying drawings, Photographs,

test reports etc. The accommodation is to be demolished when directed.

14.3 Watchman: The contractor shall make his own security arrangement to guard the

site, premises, testing equipments round the clock at his own expense. Security

arrangements shall be adequate to maintain strict control on the movements of the

materials and labour. The responsibility for the safety, security, accounting of the

materials and equipment brought or installed by the tenderer or handed over to him by

the corporation shall be of the contractor. Any damage caused to the material/equipment

during the execution of work will be made good by the tenderer at his own cost. The

corporation may require the tenderer to have a guarantee/indemnity bond executed for

the value of material supplied to him by the corporation as per terms of the agreement.

14.4 Storage of materials: The contractor shall provide, erect and maintain proper sheds

for the storage and protection of the materials etc. and for the execution of work which

may be prepared at site.

14.5 Sanitary Conveniences: The contractor shall provide and erect all necessary,

Sanitary convenience for the site staff and workmen, maintain in a clean orderly

condition and clean and make good the ground after removal.

14.6 Equipment: The contractor shall provide and install all necessary hoists, ladders,

scaffolding, tools, tackles, plants all transport for labour and materials for the proper

execution and completion of work to the satisfaction of Site Engineers.

14.7 Scaffolding, Staging, Guardrail: The contractor shall provide scaffolding, staging,

guardrails, temporary stairs which shall be required during construction. The support for

the scaffolding, staging, guardrail & temporary stairs shall be strong, adequate for the

particular situation. The temporary access to the various parts of the building under

construction shall be rigid & strong enough to avoid any chance of mishaps. The

arrangement proposed shall be subject to the approval of the Site Engineer.

15. Water and Electricity

The contractor shall make his own arrangements for metered water / tanker water service and

electricity as required for the installation / construction. He has to pay the connection fees,

deposits and charges for the connection and use made thereof prior to the completion. He at

his own cost shall lay all pipes and electrical lines and remove the same on completion.

Delays committed in this regard shall solely rest with the contractor. If the contractor


______________________________________________________________________________________


proposes to make his won arrangement for water supply other than from the supply authority,

he shall furnish the water analysis to the site engineer for approval before use in the building

work.

16. Statutory Obligations, Notices, Fees and Charges

16.1 The Contractor shall comply with and give all notices required by any government

authority and instruments, rule or order made under any act of parliament or any regulation

or Bye-laws of any local authority relating to the work or with whose system the same is or

will be connected. The contractor before making any variation from the contract drawing or

bill of quantities necessitated by such compliance shall give to the Site Engineer a written

notice specifying and giving reasons for such variations and the Site Engineer may issue

instructions in regard there to. If within 2 days of having given the said written notice the

contractor does not receive any instructions in regard to the matters therein specified, he shall

proceed with the work confirming to the act of parliament, instrument, rule, order,

regulations or Bylaws in question and any variation thereby necessitated shall be deemed to

be variation required by the Site Engineer.

16.2 The contractor shall pay and indemnify the Company against liability in respect of

any fees or charges (including any rates and taxes) legally demandable under any act of

Parliament, instrument, rule or order or any regulation or Bye-law or any local authority

in respect of the work.

17. Taxes

All Sales or any other taxes, excise duty or any other duty, VAT and octroi in respect of this

contact, prevailing at the time of Tender or at a later stage shall be paid by the contractor. No

claim in this respect will be entertained. Works contract tax will be deducted and deposited

by corporation in accordance with the Sales Tax law of the state. Arranging road permit shall

be responsibility or the Contractor. Service tax shall be paid by BPCL as applicable at the

time of work.

18. Royalties and patent rights

All royalties or other sums payable in respect of the supply and use in carrying out the work

as desired by or referred to in the bill of quantities of any patented particles, process or

inventions shall be deemed to have been included in the contract sum and the contractor shall

indemnify the Company from and against all claims proceedings, damages, costs and

expenses which may be brought or made against the Company or to which he may be put by

reason of the contractor infringing or being held to have infringed any patent rights in

relation to any such articles, processes and inventions.

19. Licenses and Permits for material under government control

Licenses and permits for all materials under government control shall obtained by the

contractor through the collaboration and help of Company. The contractor shall include in


______________________________________________________________________________________


his tender the cost of materials transport charges and other expenses likely to be incurred to

bring material at site.

20. Removal of offensive matter

All soil, filth or matter of an offensive nature taken out from any trenches, sewer, drain,

cesspool or other places shall not be deposited on the surface but shall be at once carted away

by the contractor to some pit or place provided by him.

21. Materials and workmanship

All materials and workmanship shall, so far as procurable be of the respective kinds

described in the priced bill of quantities, and or specifications and in accordance with Site

Engineer/ Site Engineer’s instructions. The contractor shall if requited submit satisfactory

evidence as to the kind and quality of the materials that the materials comply therewith. The

contractor shall arrange for and or carry out any test of materials which the Site Engineer/

Company may require. The contractor shall immediately remove from the works any

material and or workmanship which in the opinion of the Site Engineer/Site Engineer are

defective or unsuitable and shall replace proper material and workmanship at his own cost. If

the contractor fails to proceed at once with the replacement of defective or the unsuitable

materials or workmanship, the Site Engineer may by contract or otherwise replace such

materials and or such workmanship and charge the cost thereof to the contractor.

22. Assignment or subletting

The whole of the work included in the contract shall be executed by the contractor. He shall

not without the written consent or the corporation (Which consent shall not be unreasonably

withheld to the prejudice or the contractor) sub-let any portion of the work, and sub-letting

shall not relieve the contractor from the full and entire responsibility or the contract or from

active superintendence of the work during the progress. In any event the tenderer will be

solely responsible for the work so sublet or assigned.

23. Coordination

The tenderer is expected to cooperate/co-ordinate with other contractor carrying out the work

allocated to them so as to avoid breaking up of work already done by them or causing any

hindrance in the progress or work. In case there is any difficulty / dispute, the same should be

immediately brought to the notice of the Site Engineer.

24. Separate contracts

The Company reserves the right to let other contracts in connection with his work under

similar general conditions. The contractor shall afford other contractors reasonable

opportunity for the introduction and storage of their materials and the execution of their

work, and shall properly connect and co-ordinate his work with theirs. If any part of

contractor’s or sub-contractor’s work depends for proper execution or results upon the work

of any other contractor, or sub-contractor, the contractor shall inspect and report shall


______________________________________________________________________________________


constitute an acceptance of the other contractor’s work as fit and proper for the reception of

his work, except as to defects which may develop in other contractor’s or sub-contractor’s

work after the execution of the work, to ensure the proper execution of his subsequent work

the contractor shall measure work already in place and shall at once report to the Site

Engineer and discrepancy between the executed work and the drawings.

25. Dismissal of workman

The contractor, if required by the Site Engineer shall immediately dismiss from the works

any person employed thereon, who may misconduct himself, and such person shall not be

again employed or allowed on the works without the permission of the Site Engineer.

26. Variations

i. The Site Engineer may after getting confirmation from the Company issue

instructions requiring a variation and he may sanction in writing any variation

made by the contractor otherwise than pursuant to an instruction of the Site

Engineer. No variation required by the Site Engineer or subsequently sanctioned

by him shall vitiate this contract.

ii. The Term “Variations” as used in these conditions means the alteration or

modification of the design, quality or quantity or the work as shown upon the

contractor drawings and desired by or referred to in the bill of quantities, and

include the addition, omission or substitution of any work, the alteration of the

kind or standard of any materials or goods to be used in the work, and the removal

from the site of any works, materials or goods executed or brought thereon by the

contractor for the purpose of the work other than work, materials or goods which

are not in accordance with this contract.

iii. The Site Engineer shall issue instructions in regard to the expenditure of Prime

cost and provisional sums included in regard to the expenditure of provisional

sums.

iv. All variations required by the Site Engineer or subsequently sanctioned by him in

writing and all work executed by the contractor for which provisional sums are

included in the bill of quantities (other than works for which a tender made under

clause 28 (ii) of these conditions has been accepted) shall be measured and valued

by the Site Engineer who shall give to the contractor notes and measurements as

the contractor may require. The valuation of variations and works executed by

the contractor for which a provisional sum is included in the bill of quantities

(other than work for which a tender has been accepted as aforesaid) unless

otherwise agreed shall be made with the following rules;

1.1 The net rates or prices in the bill or quantities shall determine the valuation of work of

similar character executed under similar conditions as work priced therein.

1.2 The said prices where, work is nor of a similar character or executed under similar

conditions as aforesaid, shall be the basis of prices for the same so far as may be

reasonable, failing which a fair valuation thereof shall be made under clause ©hereof.


______________________________________________________________________________________


1.3 Where work cannot properly measured and valued the contractor shall be allowed day-

work rate on the prices prevailing when such work rate on the prices prevailing when

such work is carried out (unless otherwise provided in the bill of quantities as below;

i.At the net rates or prices, if any, inserted by the contractor in the bill of

quantities or in the form of tender or

ii. When no such rates have been inserted, then the rates prevailing in the

market for material & labour and at the control rates for the controlled

materials including in all cases shall be applicable for arriving at the rates of

extra items. Provided that in any case voucher specifying the time daily spent

upon the work (and if required by the Site Engineer) and the materials

employed, shall be delivered for the verification of the Site Engineer or his

authorized representative nor later than the end of the week following that in

which the work has been executed. Payment shall include in addition to the

actual cost of material & labour as approved by the Site Engineer a further

sum equivalent to 15% of the actual cost as compensation for the contractor’s

superintendence, general expenses, overhead and profits.

1.4 The net rates in the bill of quantities shall determine the valuation of items

omitted, provided that if omission substantially vary the conditions under which may

remaining item shall be valued under clause no. 28

27. Claim of Extra Any modification carried out for expediting or simplifying work at the request of

the contractor or his representative shall not be taken as the basis for claiming an

extra. However if such modification shall also involve extra, the rate for such

modification shall be settled in advance and written authorization be obtained by

the contractor from the Site Engineer before proceeding with work involved if no

such information is given by the contractor in writing to the Site Engineer, such

modification shall not be accepted as the basis of extra charge. The rates for such

extra works shall be determined as below:-

i. Wherever possible the rate will derived from the Bill of quantities of the

agreement.

ii. If not possible from bill of quantities, the rate will be derived from DSR

2007 with appropriate index as applicable.

iii. If not possible from DSR 2007, the rate will be derived from market rates

with 15% towards contractors profit, overheads, income tax, Sales tax on

works contract, water charges, electricity charges etc. The rates of extra

works shall be paid for the value of 90% only during running payments.

Balance 10% will be paid in the final bill. The Contractor shall produce all

vouchers (challans or any other documentary proof) required by Site

Engineer/Engg.-in-charge to verify the cost of material in respect of extra

items.


______________________________________________________________________________________


28. Fluctuations

Rates quoted in the bill of quantities shall be firm & shall not be subject to any

price variations due to increase in labour wages, cost of materials etc. or any other

price variation due to any reason whatsoever whether during the stipulated period

of execution or during the extended period completion.

29. All Heights Rates quoted in the bill of quantities shall be for all heights, depth and leads

unless otherwise specified.

30. Antiquities

i All coins, fossils and other objects of interest or value which may be found on the

site or in excavation, the same during the progress of the work shall become the

property of the Company. The contractor shall carefully take out and preserve all

such objects and shall immediately or as conveniently may be after the discovery

of such articles deliver the same into the possession of Site Engineer un-cleaned

and as excavated.

ii If the opinion of the Site Engineer compliance with provisions of the proceeding

sub-clause has involved the contractor in direct loss and/or expense for which he

would not be reimbursed by a payment made under any other provision in this

contract, then the Site Engineer shall ascertain the amount of such loss and/or

expense, any amounts time to time so ascertained shall be allowed to the

contractor as an authorized extra.

31. Guarantees

31.1 Besides guarantee required elsewhere, the contractor shall guarantee the work

in general for one year noted under clause of the conditions.

31.2 All required guarantees shall be submitted to the Site Engineer by the contractor

when requesting certification of accounts for payment by the Company.

32. Co-ordination of work

At the commencement of work, and from time to time, the contractor shall confer

with sub-contractors, persons engaged on separate contracts in connection with

the work, and with the Site Engineer for the purpose of co-ordination and

execution of the various phases of the work.

The contractor shall ascertain the sub-contractors, persons engaged on separate

contracts in connection with the works, the extent of all chasings, cuttings and

forming of all opening, holds, grooves etc. as may be required to accommodate

the various services. The contractor shall ascertain the routes of all services and

the positions of all floor outlets, traps etc. in connection with the installation of

Plant and services and arrange for the construction of work accordingly. The

breaking and cutting of completed work must be avoided.


______________________________________________________________________________________


33. Minimum Wages Act and Rules

The contractor shall comply with all the provisions of minimum wages act 1948

and the minimum wages (central) rules 1950 or any modification thereof. All the

provisions of the “Central P.W.D. Contractor’s labour regulations” made by the

government from time to time shall be complied with by the contractor.

34. Right of Technical Scrutiny of the Works

All the works shall be allowed to be inspected by the Chief Vigilance

Commissioner (CVC) / Chief Technical Examiner(CTE) or any other statutory

investigating agency appointed by the Government/BPCL. The recommendations/

recoveries made by these agencies after investigation shall be binding on the part

of the Contractor.

35. Force Majeure

35.1 The right of the contractor to proceed with the work shall not be terminated

because any delay in the completion of the work due to the unforeseeable causes beyond the

control and with out the fault or negligence of the contractor including like acts of God or the

enemy restraints of the sovereign state, Fires, Floods, earth-Quake, severe weather and acts

of the Company.

35.2 If the works be delayed by

• Force Majeure or

• Abnormally bad weather or

• Serious loss or damage by fire or

• Civil commotion, local combination of workers strike lockout or

• Any other cause, which is the absolute discretion of the Corporation & beyond the

Contractor’s control, of any such case the corporation may give a fair and reasonable

extension of time for completion of the work.

36. Damages for Non-completion

If the tenderer does not complete the work in the stipulated time, the corporation

reserves the right to recover liquidated damages at the rate of 0.5% of the actual

contract value per week or part thereof, subject to a maximum of 10% of the total

actual contract value. Such damages may be deducted by the Corporation from

any money due to the tenderer and any further amount due from the tenderer shall

be paid by the tenderer to the Corporation forthwith.

37. Notice to be given before work is covered up

The contractor shall give not less then two (2) days notice in writing to the site

Engineer before covering up or otherwise placing beyond the reach of

measurement any work, in order that the same may be ensured and correct


______________________________________________________________________________________


dimension thereof be taken before the same is covered up or placed beyond the

reach of measurement, if any work is covered up or placed beyond the reach of

the measurement without such notice having been given Or Site Engineers

consent being obtained ,the same shall be uncovered at the contractor’s expenses

or in default thereof ,no payment or allowance shall be made for such work or

material with which the same was executed .

38. Unfixed materials when taken into account, to be the property of the

Company

Unfixed materials and good intended for, delivered to and placed on or adjacent

To the work, shall not be removed except for use upon the work, unless the Site

Engineer has consented in writing to such removal which consent shall not be

unreasonably withheld, where the value of any such materials or goods has been

included in any interim certificate for which the contractor as received payment.

Such materials and goods shall become the property of the Company. The contractor

shall remain responsible for loss or damage to the same.

39. Obtaining Certificates/ connections

It will be the responsibility of the tenderer to get the works approved and obtain

certificates and necessary Rates quoted shall cover all expenses to be borne for

obtaining above approvals/certificates and connections. However any statutory

fees to be made on account of above shall be reimbursed by the Company, on

production of documentary proof.

40. Damages through Natural Calamities.

No compensation for any damage caused to the work or materials by rain, floods or

other Natural calamities shall be paid to he contractor. The contractor shall have to

make good all such damages himself and at his own cost.

41. Testing of Building materials

Cost of samples whether submitted to govern bulk supplies or required for testing

before use and suitable packages to contain them shall be borne by the contractor.

All testing of materials and frequency of testing for materials shall be carried out

as per list of Mandatory tests attached. Laboratory tests shall be carried at the lab

approved by Engineer-in-charge.

The contractor during the course of execution of works shall at his own expense

provide a laboratory fully equipped with all such instruments as required by the

Engineers in-charges such as sieves, Weighing Scales, Graduated Cylinders, Slump

Cone. No equipment shall be removed from the Laboratory by the contractor without

specific approval of the Engineer in-charge.


______________________________________________________________________________________


42. Sufficiency of bills of quantities

The contractor shall be deemed to have satisfied before tendering as to the

correctness and sufficiency of his tender for the works and of the prices stated in the

bill of quantities and/ or the schedule of rates and prices which rates and prices shall

cover all his obligations under the contract, and all matters and things necessary for

the prior completion of works.

43. Insurance in respect of injury or Damage to Persons and Property

The contractor shall be responsible for all injury to persons, animals or things and

for all damage to the structural and/ or decorative part of property which may arise

from the operation or neglect of himself or any sub contractor or any of his or sub-

contractor’s employees, whether such injury or damage arise from carelessness,

accident or any other cause whatever in any way connected it the carrying out of this

contract. This clause shall be held to include inter-alia, an damage to buildings,

whether immediately adjacent or otherwise and any damage to roads, streets;

footpaths, bridges or way as all damage caused to be building and the work forming

the subject of this contract by rain or other inclemency of the work forming the

subject of this contract by rain or other inclemency of the weather. The contractor

shall indemnify the Company and hold him harmless in respect of all and any

expenses arising from any such injury or damage to person or property a aforesaid

and also in respect of any claim made in respect of injury or damage under any act of

government or otherwise and also in respect of any award of compensation or damage

consequent upon such claim.

The contractor shall reinstate all damage of every sort mentioned in the clause, so as

to deliver up the whole of the contract works complete and perfect in every respect

and so as to make good or otherwise satisfy all claims for damage to property of third

parties.

The contractor shall indemnify the Company against all claims which may be made

against the Company by any member of the Public or other Third Party in respect of

any thing which may arise in respect of the works or in consequence thereof and shall

at his own expense arrange to effect and maintain, until the virtual completion of the

contract, with an approved office a policy of insurance in the joint names of the

Company and the Contractor against such risks and deposit such policy or policies with

the Site Engineer from time to time during the currency of this contract. The Contractor

shall also indemnify the Company whether under the workman’s compensation Act or

any other statute in force during the currency of this contract or at common law in

respect of any employee of the contractor or any sub-contactor shall at his own expense

effect and maintain, until the virtual completion of the contract, with an approved office

a policy of insurance in the joint names of the Company and the contractor against such

risk and deposit such policy or policies with the Site Engineer from time to time during

the currency of this contract. The contractor shall be responsible for anything which

may be excluded from the insurance policies above referred to and also for all other

damages to any property arising out of the contract. He shall also indemnify the


______________________________________________________________________________________


Company in respect of any costs charges or expenses arising out of any claim or

proceeding and also in respect of any award of compensation or damages arising there

from. The Company with the consent of the Site Engineer shall be at liberty and is

hereby empowered to deduct the amount of any damage, compensation costs, charges

and expenses arising or occurring from in respect of any such claim or damage from

any sum or sums due or to become due to the contractor.

44. Insurance or works (Comprehensive type)

Unless otherwise instructed by the Site Engineer the contractor shall on signing the

contract insure the works and keep them insured until the virtual completion of the

contract against loss or damage by fire and or earth quake in an insurance office to be

approved by the Site Engineer, in the joint names of the Company and contractor, for

full amount of the contract and Site Engineer’s fees and for any further sum. If called

upon to do so by the Site Engineer, the premium of such any further sum if called upon

the same being allowed to the contractor as a authorized extra. Such policy shall cover

the property of the Company. The contractor shall deposit the policy & receipt for the

premium with the Site Engineer within twenty one days from the date of signing the

contract. In default of the contractor insuring as provided above the Company or the

Site Engineer on his behalf may so insure and may deduct the premium paid from any

money due, or which may become due to the contractor. The contractor shall as soon as

the claim under the policy is settled or the work reinstated by the insurance office,

should they elect to do so, proceed with all due diligence with the completion of the

works in the same manner as though the fire and/or earth quake had not occurred’ & in

all respect under the same conditions of the contract. The contractor in case of

rebuilding or rein-statement after fire and or earthquake shall be entitled to such

extension of time for completion as the Site Engineer may deem fit. The insurance

should be comprehensive type.

45. Measurement of works

The Company/Site Engineer may from time to time intimate to the contractor that they

require the works to be measured and the contractor shall attend or arrange qualified

agent to assist the Company/Site Engineer or the Company/Site Engineer’s

representative in taking such measurements & calculations and to furnish all particulars

or to give all the assistance required by either of them. Should the contractor not attend

or neglect or omit to send such agent, then measurements taken by the Company/Site

Engineers or approved by them shall be taken to be measurements of the work. Such

measurements shall be taken in accordance with the mode of measurements mentioned

in the specifications.

The final measurements and valuation in respect of the contractor shall be completed

within the period of final measurement stated in the appendix.


______________________________________________________________________________________


46. Contractor’s assurance

The contractor undertakes to ensure due and complete compliance with all laws,

regulations, rules etc. whether of the Central government or the state government or of

any other competent authority applicable to the workmen employed or whose services

are otherwise availed of by the contractor whether in connection with the connection

with the construction work at the site or otherwise. The Company shall have the right to

inspect the records maintained by the contractor concerning such workmen from time

to time & the contractor has whenever required by the Company produce such records

as the Company may call upon the contractor to produce for the Company’s inspection

in order to ascertain whether or not the requirements of all such laws, regulations, rules

etc. have been complied with by the contractor. In the event of any contravention of

such laws, regulations, rules etc. coming to light as a result of such inspection or

otherwise the Company shall have the right to require the contractor to effect such

compliance within such time as the Company may prescribe in that behalf and in the

event of the contractor failing to effect such compliance within the time prescribed by

the Company. Then the Company shall without prejudice to his other rights be entitled

to withhold from the amount payable to the contractor any amount payable to the

workmen under any such laws, regulations or rules and the workmen under any such

laws, regulations or rules and to make payments thereof to the workmen. The Company

shall also have in that event the right to terminate the contract with immediate effect

and to exercise powers reserved to the Company under the contract as a result to

termination.

47. Certificate of virtual completion

When in the opinion of the Company, the works are practically completed &

hand over the possession to the Company, he shall forthwith issue a certificate to that

effect and virtual completion of work shall be deemed for all purpose of this

contract to have take place on the day named in such certificate & Defect liability

period shall commence from the date of such certificate.

48. Defects after completion

Any defects, shrinkage, settlement or other faults, which may appear within “The

defects liability period” stated in the appendix hereto or if not stated than within six

months after the virtual completion of the works arising in the opinion of the said

defects liability period) with such reasonable time as shall be specified therein, be

amended & made good by the contractor at his own cost unless the Site Engineer shall

decide that he ought to be paid for such amending & making good & in case of default

the Company & pay other person to amend & make good such defects, shrinkage,

settlement or other faults, & all damage loss & expenses consequent thereon or incident

thereto shall be made good and borne by the Contractor and such damage; loss and

expenses shall be recoverable from him by the Company or may be deducted by the

Company upon the Site Engineer’s certificate in writing from any money due to or that

may become due to the contractor, or the Company may in lieu of such amending &

making good by the contractor deduct from any money due to the contractor a sum to


______________________________________________________________________________________


be determined by the Site Engineer equivalent of cost of amending such works & in the

event of the amount detailed under clause 51 of SCC being insufficient, recover the

balance from the contractor together with any expenses the Company may have

incurred in connection therewith. Should any defective work have been done or

materials supplied by any sub-contractor employed on he works who has been

nominated or approved by the Site Engineer as provided in clause no. 24 the contractor

shall be liable to make good in the same manner as if such work or material had been

done or supplied by the contractor and being subject to the provision of this clause and

clause no 6 of “articles of agreement” hereof. The contractor shall remain liable under

the provisions of this clause not with standing the signing by the Site Engineer of any

certificates.

49. Suspension

If the contractor except on account of any legal restraint upon the Company preventing

the continuance of the work shall suspend the works or in the opinion of the Site

Engineer shall neglect or fail to proceed with due diligence in the performance of his

part of the contract or if he shall more than once make default in respect of clause no. 8

of GCC, the Company through the Site Engineer shall have the power to give notice in

writing to the contractor requiring that the work be proceeded within reasonable

manner and with reasonable dispatch, such notice shall purpose to be a notice under

this clause. After such notice shall have been given the contractor shall not be at liberty

to remove from the site of the work or from any ground continuous thereto any plant or

material belong to him, which will have been placed thereon for the purpose of the

works and the Company shall have a lien upon all such plant and materials to subsist

form the date of such notice being given, until the notice shall have been complied

with. If the contractor shall fail for seven days after such notice has been given to

proceed with works as therein prescribed, the Company may proceed as provided in

clause no. 57.

50. Clearance of Site

The Contractor shall have to remove all malba from the site of work, dirt and dust from

floors, wood work, white wash or colour wash, distemper or paints, splashes from

doors, windows glass panels etc. before handing over the building to the Company. The

work shall not be treated as completed in all respects unless these requirements are

fulfilled by him. In the event of contractor’s failure to do so, the Site Engineer and the

Company shall have the right to get the site cleared, dust and dirt removed from floors,

doors and windows etc. cleaned off splashes at the contractor’s risk and cost without

prejudice to the Site Engineer’s or Company’s right to take action to recover damages

under clause (38) of the contract.

51. Determination of Contract by Company

i) Default: If the contractor shall make default in any one or more of the

following respects, that is to say:-


______________________________________________________________________________________


a. If he fails to proceed regularly and diligently with the works or

b. If has without reasonable cause wholly suspends the carrying out of the

works before completion thereof or

c. If he refuses or persistently neglects to comply with a written notice from the

Site Engineer /Company requiring him to remove defective work or improper

materials or goods and by such refusal or neglect the work is materially

affected, or.

d. If he fails comply with the provision of clause 23 then the written notice from

the Site Engineer may gave him the notice by registered post or recorded

delivery specifying the default, and if the contractor either shall continue such

a default. (Whether previously repeated or not), then the Company without

prejudice to any other rights or remedies may within 10 days after such

continuance or repetition of notice by Registered Post or recorded delivery

forth with determine the employment of the contractor under this contract

provided that such notice shall not be given unreasonably or exatiously.

ii) Bankruptcy of Contractor: In the event of the Contractor becoming bankrupt

of making a composition or arrangement with his creditors or being a Bharat

Petroleum Corporation Ltd. having winding up order made or (except for

purposes of reconstruction) a resolution for voluntary winding up passed or a

receiver or a manner of his business or undertaking duly appointed or session

taken. By or on behalf of the holders of any debentures secured by a floating

charge of any property comprised in or subject to the floating charge, the

employment of the contractor under this contract shall be forthwith

automatically determined but the said employment may be reinstated and

continued if the Company and the contractor, his trustee in bankruptcy,

Liquidator, receiver or manager as the case may shall so agree.

iii) In the event of the employment of the contractor being determined as

aforesaid and so long as it has not been reinstated and continued, the

following shall be the respective rights and duties of the Company and the

contractor.

a. The Company may employ and pay other persons to carry out and complete

the works and he or they may enter upon the works and use all temporary

buildings, Plants, machinery, goods and materials intended for, delivered to

and placed on or adjacent tot p to the works and may purchase all materials

and goods necessary for the carrying out and completion of the works.

b. The contractor shall if so required by the Company or Site Engineer within 14

days of the date of determination assign to the Company without payment the

benefit of any agreement for the supply of materials or goods and/or for the

execution of any works for the purposes of this contract but on the terms that a

supplier or sub-contractor shall be entitled to make any reasonable objection


______________________________________________________________________________________


to any further assignment thereof by the Company. In any case the Company

may pay any supplier or sub-contractor for any materials or goods delivered or

works executed for the purpose of the contract (whether before or after the

date of determination in so far as the price thereof has not already been paid

by the contractor. The Company’s right under this paragraph are in addition to

his rights to pay nominated sub-contractors as provided in clause 35 and

payments made under this paragraph may be deducted from any sum due or to

become due to the contractor.

c. The contractor shall as and when required in writing by the Site Engineer so to

do (but not before ) remove from the works any temporary buildings, plants,

tools, equipment, goods and materials belonging to or by him. If within a

reasonable time after any such requirements has been made the Contractor has

not complied there with then the Company may (but without being

responsible for any lose or damage) remove and sell any such property of the

contractor, holding the proceeds less all costs incurred to the credit of the

contractor.

52. Company entitled to recover compensation paid to worker

If for any reason, the Company us obliged by virtue of the Provisions or sub-

section (1) of section (2) of the workman’s compensation Act 1923 to pay

compensation to workman employee by the contractor in execution of the work, the

Company will recover from the contractor the amount of compensation so paid and

without prejudice to the rights of the Company under sub-section (2) of section (12)

of the said act the Company will be at liberty to recover such amount or any part

thereof by deducting it from the security deposit o from any sum due by the Company

to the contractor under this contract or otherwise the Company shall not be bound to

contest any claim made against it under sub-section (1) of section (12) of the said

act, expect on the written request of the contractor and upon his giving to the

Company, might become liable in consequence of contesting such clam.

53. Termination for convenience

The Company may at any time terminate this contract for convenience upon 7

days written notice to the contractor, upon issuance of termination notice by the

Company and upon receipt of such notice by the contractor, the contractor shall

unless the notice provides otherwise immediately discontinue all works and the

placing of all orders for commodities and shall terminate employment, contracts,

orders and sub-contractors at the entire risk and cost of contractor.

54. Bailing / Pumping out of Subsoil Water

Nothing extra shall be payable for bailing out/pumping out of sub soil water, if

any, for executing any work (including concreting) in or under water or foul

conditions for this work.


______________________________________________________________________________________


55. Suspension of Work

In case it become necessary for the Company to temporarily suspend or postpone the

work party or fully due to unforeseen circumstances, the Company shall not be liable

for any compensation on account of resultant delay.

56. Order of Preference

In the case of discrepancy between Schedule of Quantities the specifications and /or

the Drawings, the following order of preference shall be observed:-

a) Description of items in the Schedule of quantities.

b) Technical Specifications and Special Conditions of Contract.

c) General conditions of contract.

d) Working Drawings.

e) C.P.W.D Specifications.

f) Indian Standard Specifications.

Nothing extra on this account shall be payable to the Contractor.

57. Payment during extension of time

Pending consideration of extension of date of completion, if required, interim

payment shall continue to be made until extension of time is granted by Company, in

this regard, contractor shall timely apply for extension of time specifying all valid

hindrances of delay.

58. Part-rate Payment

The part rate will be released, solely at discretion of BPCL, on the interim bills to the

party based on the rates which in the view of Site Engineer are appropriate for the

part of work which has been party executed by the party.

59. Payment of Final Bill

The payment of the final bill for the said works shall be released after obtaining the

required necessary internal approvals by us, from the competent authority.


______________________________________________________________________________________


APPENDIX

1. Earnest money Deposit Nil for parties Registered with BPCL, other

parties have to submit EMD equivalent to

5% of the value of quote subjected to max

Rs 1,00,000.00

2. Defects liability Six months from the date of

completion.

3. Date of Commencement Within 5 days from the Date of letter of

intent (LOI) or physical Handing over of the

site whichever is earlier.

4. Period of completion Completed in stages and final completion within

120 days.

5. Liquidated damages 0.5% of the actual contract value per week

or part thereof upto a maximum of 5%

of the total actual contract value.

6. Min. Value of work for interim 25 Lakhs

payment

7. Retention percentage 10% (Ten percent of contract value)

8. Insurance Comprehensive Type

10. Period of honoring interim Within 15 days from the date of certification

certificate /bill. by the Site Engineer.

11. Security deposit Successful tenderer has to submit a

security deposit equivalent to 5% of the

value of work subjected to max Rs 1,00,000.00

__________________________ ________________________________

(COMPANY) (CONTRACTOR)


______________________________________________________________________________________


ELECTRICAL SPECIFICATIONS

1. The work shall be carried out in accordance with General specifications for Electrical

(Part I- Internal –1972 and Part II External –1974 ) as amended upto date .All

Installations Comply with the requirements of Indian Electricity Rules 1956 as

amended upto date .

2. All material to be arranged by the contractor for use in the work shall be of approved

make and shall be as per relevant Indian Standard Specifications .Where it is

Mandatory to use I.S.Marked material ,the same Shall be arranged by the contractor

accordingly .

3. Bad workmanship is liable to be rejected in toto.

4. The contractor shall get the approval of the Site Engineer /Company or his authorized

representative regarding the route of conduits, no.of runs ,diameter of conduits ,no.

and size of wires ,location of pull boxes, route of cables in ground /wall for electrical

/telephone works covered herein .

5. The contractor shall employ the technical staff for electrical works separately , during

the execution of work .

6. All repairs & patch work ,if any ,shall be neatly carried out to match with the original

finish and to the entire satisfaction of the Site Engineer .Any damages to the building

due to execution of work shall have to be made good immediately by the contractor at

his own cost .

7. The contractor shall make his own arrangement at his own cost for all general and

special electrical tools and plants required for electrical work .Entire safety

precaution during installation shall be taken as per relevant I.S , I.E.Rules and

CPWD specifications.

8. Adopted boxes, wherever used ,shall be of not less than 18 SWG M.S.sheet . M .S.

conduits shall be black stove –enameled with 18 SWG wall thickness .

9. It will be the contractor’s responsibility to get the electrical installation works

inspected by the Local Statutory Authorities , fire office and such other officials .No

extra payment /claims are allowable on this account .

10. The contractor shall obtain & pay for all permits, licenses & Certificates for approval

required by all relevant authorities & organizations. All Work of the contractor shall

conform to the requirements of local codes.


______________________________________________________________________________________


11. The work shall be carried out as per Regulations and in best workmanlike manner by

licensed persons .the names of licensed persons working in the installation shall be

furnished to the Site Engineer prior to the commencement of the work .

12. It is brought to the attention of the contractor that:

a. All electrical portable tools should be either 240 volts double insulated or 50 volts

via Transformer.

b. The contractor has to supply all necessary ladders/steps which must be in

good safe condition.

c. Entire safety precautions during installations shall be taken as per relevant

I.S.I.E, Rules and C.P.W.D. Specifications.

13. Sub-Distribution boards shall be equipped with miniature circuit breaker. Miniature

circuit Breakers shall have adequately sized terminals for the out-going leads.

Distribution boards shall have adequately rated phase and natural bus-bars of high

conductivity electrolytic aluminum with adequately sized terminals or clamps for the

incoming conductors.

Sub- Distribution Board shall have an earth bar with necessary number of terminals

or connecting the earth continuity conductors associated with the various circuits

supplied from the board. Each distribution board shall have a circuit schedule

pasted or otherwise permanently fixed inside the cover stating he designation and

details of the circuits controlled and the rating of the miniature circuits breakers. The

Board shall be constructed of sheet steel and provided with removable conduit entry

plate at top with gasket door arrangement.

Non-flammable insulating barriers shall be provided between poise and phases and all

live parts protected with non-flammable insulating shields to prevent accidental

contact while replacing or operating the miniature circuit breakers.

14. The L.T panel and Distribution Boards etc. shall be given a cost of primer and three

coats of approved colour Name plates to indicate the equipment or circuit controlled

by the switch shall be fixed painted in the panels.

The parts to be painted shall be provided with following paints after they have

been thoroughly scrapped or hot blasted or passed through appropriate chemical

solutions of acid and alkalis to remove rust and grease.

i First coat - Red/Lead/Zine Chromate Prime

ii Second coat - Standard enamel anti-corrosive under coat.

Iii Third coat - Standard Battleship Grey enamel top coat or any

colour approved by the Site Engineer.

iv. Fourth coat - Standard Battleship grey enamel top coat or any

colour approved by the Site Engineer.


______________________________________________________________________________________


The contractor shall be entirely responsible for the painting, protecting or preserving

packing, packing cases and other materials, branding and marking the same to ensure

delivery equipment at site. Completely free from injury or mistake.

15. All Electrical works shall be carried out along with the progress of Civil works.

Any debris due to electrical works shall be removed and the site shall be cleared by

the Contractor as soon as the work is completed.

GENERAL

Complete electrical installation shall be carried out in strict accordance with Indian

Electricity Rules and ISI codes of practices as is also explained in various CPWD

specifications and NBC etc. The contractor is expected to keep the latest editions of these

books available with him for reference.

DETALIED SPECIFICATIONS

SECTION-I

CONDUIT INSTALLATION (GENERAL)

PVC conduits and accessories shall used as required.

Conduits shall have draw-in boxes for every 10 M of straight length or for every 7.5 M of run

containing bends or for every third bend.

Conduits shall be installed in such a manner that all cables/wires can be drawin-in-after

erection with ease by means of a pull wire.

SECTION-II

SYSTEM OF INTERNAL WIRING

The system of internal wiring shall consist of PVC insulated stranded copper conductor wire

of 1.1 KV grade in conduits. The point wiring shall be done in the ‘Looping System’. The

phase shall be looped at the switch box and neutral may be looped from one point to another

point ceiling/wall. The looping shall however not be permitted in the switch or fixture-

terminals but through approved insulated mechanical connecters. Rate of wiring is inclusive

of cutting chases in wall, rcc for laying conduit and repairing the wall with CM 1:4 (1

cement: 4 sand). No extra to be paid on this account.

Lights and fans shall be wired on a common circuit subject to a maximum load of 800 watts

per circuit or 8 points whichever is less.


______________________________________________________________________________________


SECTON-III

SWICHES, SOCKETS AND FIXTURES

Lighting Switches & Socket Outlets:

Light switches shall comply with IS 3854-1966 and IS5987-1970. These shall be rated 5Amp

and shall be one way, two way as detailed.

Sockets outlets shall be in accordance with IS1293-1967 AND S4615-1968.

All switches, bell pushes and socket outlets shall as per specific requirements in the Bill of

Quantities.

Where several switches on one phase are shown adjacent they will installed in composite

ganged units. Different phases or circuits shall not be ganged in one box.

All 240 V outlets shall be 3 pin type with earth contact effectively connected to earth in all

cases. The earthing terminal fixed to the metal box. From this earth terminal the contractor

shall install an earthing fly lead of 2.00 sq.mm copper earth conductor to the socket outlets

terminal. The fly lead shall be of sufficient length to acilitate the case of removal during

maintenance.

All MS boxes for switches, socket outlets etc. shall be of 18 SWG.

For finding the exact location for fixing switchboxes or sockets shown on the electrical

layout plan, a small arrow-mark is given near a group of such sockets. The contractor shall

follow this mark for deciding the location on the horizontal plane.

SECTION-IV

CIRCUITING & CONDUITING

The power circuits for 15 Amp sockets shall be wired on one circuit.

Prior to laying and fixing of conduits, the contractor shall prepare shop drawings indicating

the number and sizes of conduits, location of junction boxes, sizes and location of

switchboxes and other relevant details. The shop drawings shall be for approved by the Site

Engineer the actual laying of the conduits.

Only four sizes of conduits should be used 20 mm, 32 mm and 40mm dia. The 25mm dia

conduits shall carry maximum of two nos of power circuits and three nos of lighting circuits

while 20 mm dia conduits shall carry one of lighting circuit run between first switchbox to

the next switchbox on the same circuit, two mm dia conduits shall carry maximum of four

nos of independent telephone circuits each of 2 pair 0.61 mm dia telephone wire. The 32 mm

& 40 mm dia conduits are generally meant only for sub mains.


______________________________________________________________________________________


Colour code shall be maintained for the entire wiring installation; Red, yellow and Blue for

the three phases and Black for neutral. The insulation colour of wires shall therefore be

selected accordingly while ordering these wires.

SECTION V

DISTRIBUTION BOARDS FOR WIRING CIRCUITS (DBs)

The enclosures shall have all necessary accessories like DIN channels, neutral links, earthing

terminals and requisite number of knock-outs at the top and bottom (removable) plate with

knock-outs at the top and bottom shall be preferred rather than knock-outs on the casing

itself) MCB boxes of local make will not be accepted.

MCBs shall be flush mounted and shall be provided with trip-free manual operating level

and on and off indications. The contacts shall be provided to quench the are immediately.

MCB shall be provided with magnetic thermal release for over current and short circuit

protection. The overload or short circuit device shall have a common trip bar in the case of

DP and TP miniature circuit breakers.

Engraved PVC labels shall be provided on all incoming and outgoing circuits. Circuits

diagram showing the arrangements of circuit inside the distribution n board shall be passed

on inside of the panel door and covered with transparent plastic sheet.

In wiring a distribution board, it shall be ensured that total load is divided evenly between

the three phases and number of ways.

SECTION-VI

EARTHING

All the non-current carrying metal parts of electrical installation shall be earthed property.

All distribution boards, light fittings and all others parts made of inetal shall be bonded

together and connected by means of specified earthing in conformity with Indian Electricity

Rules (1956) and IS 3043-(1987)

Earthing conductors shall be of copper or as specified at various places and against the items

in the bill of quantities.

Neutral conductors water pipes, structural steel work metallic enclosures, metallic conduits

and lighting protection system conductors shall not be used as link in an earthing system. The

electrical resistance measured between earth connection at the main switch board and any

other point on the completed installation shall be low enough to permit the passage of current

necessary to operate the miniature circuit breakers, and shall not exceed 1 OHM.

The contractor shall make all necessary tests, both as the installation proceeds and on

completion to ensure effectiveness of the earthing system and compliance with the (S)

regulations.


______________________________________________________________________________________


SECTION VIII

MEDIUM VOLTAGE SWITCH BOARDS (MVSBS)

Medium Voltage Switch Boards shall be suitable for operation on 3 phase 415/230 Volts, 50

cycles AC supply and shall comply with the latest relevant Indian Standards, Indian

Electricity rules and specifications attached.

The MVSBs shall be of sheet steel enclosure for indoor installation ,free standing ,floor

mounted or wall mounted type .the distribution boards shall be totally enclosed

,completely dust and vermin proof .All doors and covers shall be fully gusseted with from

rubber and /or rubber strips and shall be lockable .steel sheets used in the construction

shall be 2 mm thick and shall be folded and braced as necessary to provide a support for

all components .

The bus bar and interconnection shall be of aluminum and of sufficient cross section

suitable for full load current for phase bus bars and half rated for current for neutral bus

barand shall be exendable on either side . The bus bars and interconnections shall be

insulated with heat –shrunk PVC sleeves and shall be colour coded . The bus bars shall be

rigidly supported on SMC/DMC supports so as to have high impact strength to withstand

possible short circuit currents .

Cable compartments or cable alleys of adequate sizes shall be provided for easy termination

of all incoming and outgoing cables entering from top or bottom .Adequate supports shall be

provided in cable compartment to support cables .All incoming and outgoing switch

terminals shall be brought out to terminal block/solid links in cable compartments .

Removable gland –plates of adequate size shall be provided at top or bottom of the cable

alley .

SECTION-XI

TESTING

On completion of work ,the entire installation shall be subject to the following tests:

1. Wiring Continuity test

2. Insulation resistance test

3. Earth continuity test

4. Earth resistance test .

5. Polarity test for switches .

Besides the above ,any other test specified by the local authority shall also be carried out .

All properly tested and calibrated instruments for testing ,labour , materials and incidentals

necessary to conduct the above test shall be provided by the contractor at his own cost .


______________________________________________________________________________________


The tests shall be carried out as per national Electrical Code and completion report shall be

furnished as per of National Building code of India .

COMPANY CONTRACTOR


______________________________________________________________________________________


ANNEXURE –1

MAXIMUM NUMBER OF 1.1 KV GRADE PVC INSULATED COPPER CONDUCTOR

CABLES THAT

Sizes of cables Sizes of conduits ( outer dia )

Metric 20mm 25mm 32mm 40mm

1.5 Sq mm

(OD:3.4mm)

4 9 10 -

2.5

(OD:4.2 mm)

3 6 8 -

4 Sq.mm

(OD:4.8 mm)

2 5 7 -

6 Sq.mm

(OD:5.6 mm)

- 4 5 5

10 Sq.mm

(OD: 7mm)

- 3 4 5

16 Sq.mm

(OD:8.2mm

- 2 3 4

Note: Bare copper earth wire of equivalent size ,shall be treated as one wire for the purpose

of above table and the number of permissible shall be reduced accordingly .


______________________________________________________________________________________


MODE OF MEASUREMENTS:

The following shall be the mode of measurements of various items. The mode of

measurements wherever specified in the item will over rule the below mentioned mode for

measurements and in case of any ambiguity CPWD mode of measurements shall be binding.

• Excavation: Width of PCC shall be considered as width for excavation, length and

depth shall be based on actual requirement of the structure and shall be in cubic

meter. Rate shall include the extra excavation required for safety purpose i.e. tapered

excavation at an angle of repose of soil and nothing will be payable for the same.

• Anti termite treatment shall be measured in sqm of plinth area.

• Rolling shutter shall be measured as length and breadth of openings. i.e. excluding

top frame, side rails etc.

• Painting shall be measured as per CPWD specifications.

• Brick masonry shall be measured in cubic meter and height of each step in foundation

shall be measured actual or drawing which ever is less.

• RCC shall be measured in sequence of slab, balance area as beam and balance as

column.

• Electrical panel shall be measured in cubic meter of box i.e. base support, projection

of front doors/rear doors etc. shall not be measured.

• Tor/TMT steel used for RCC shall be measured as actual bar length and weight shall

be calculated as per IS codes/standards.

• False Ceiling shall be inclusive of end flashings and shall be measured as canopy

area.

• Rolled steel sections and other m.s. sections, steel plates etc. measurements shall be

done as per the weight of the used materials.


______________________________________________________________________________________


GENERAL NOTES:

Work shall be carried out as specified in CPWD (revised 2000) specifications where ever

applicable.

Shuttering to be used for any kind of PCC/RCC shall be of steel plates or plywood

only(12mm thk.)

Contractor must use mixer machine & vibrators mandatory for PCC/RCC works.

The contractor must use the standard aggregates measuring device at site conforming to IS

code/standard construction practice or as suggested by Site Engineer/Engineer

Mixing, transportation, placing, compacting, curing etc. would be done as per IS 456-2000

Approved grade good quality cement from approved manufacturer is to be used in all

constructions as suggested by Site Engineer/Engineer e.g. A.C.C. etc. Contractor will arrange

for the all cement test reports of the each lot to be brought at the site.

All materials should confirm to the quality as per relevant IS codes. Contractor to carry out

necessary field & lab testing at their cost and furnish test certificates/manufacturers test

certificate as per list of the test to be done enclosed and additional test wherever required by

Site Engineer/Engineer in charge.

Contractor is to provide 5 years guarantee for termite treatment and water proofing work on

stamp paper.

All gasoline/MS tanks are to be cleaned as directed by Co’s representative by using

protective equipment. The job will include excavating suitable pits & burying the laded

sludge, covering the pit with excavated earth and using “Warning Notice”

All works must be carried out as per Bharat Petroleum Corporation Ltd. guidelines for safety

precautions like wearing of helmets, safety belts, shoes etc., protecting areas by segregation

with necessary railing of ballies/sheets etc.


______________________________________________________________________________________


LIST OF MANDATORY TESTS:

TESTS TO BE CONDUCTED:

BRICK TESTS: WATER ABSORPTION

COMPREESIVE STRENGTH

EFFLORESCENCE

CEMENT TEST: COMPRESSIVE STRENGTH

INITIAL SETTING TIME

FINAL SETTING TIME

SOUNDNESS

AGGREGATE TEST:

Fine Aggregates: SILT CONTENT TEST

BULKING OF SAND

FINENESS TEST

Coarse Aggregate: FLAKINESS TEST

PARTICLE SIZE

DISTRIBUTION &

FINENESS MODULUS

IMPACT VALUE

ABRASION RESISTANCE

REINFORCEMENT: TENSILE STRENGTH TEST

CHEMICAL COMPOSITION

TEST

CEMENT CONCRETE

OR REINFORCED

CONC. CEMENT

SLUMP TEST

CUBE STRENGTH

FLOOR TILES TRANSVERSE STRENGTH

WATER ABSORPTION

ABRASION TEST

COMPACTION TEST FOR PAVEMENT

SUBBASE:

CORE CUTTER TEST

SAND REPLACEMENT METHOD

WATER

PH VALUE

LABORATORY

LABORATORY

FIELD

LABORATORY

SOURCE

FIELD

LABORATORY

LABORATORY

FIELD/LABORATORY

LABORATORY

Every Fresh Lot of Bricks/ Any

change in quality felt/ Every 10000

bricks

Every 1000 Bags

Test with initial lot / Subsequent as

suggested at site

Test with initial lot / Subsequent as

suggested at site

Fresh lot/Every 15 Cum/As required

by Engineer- in Charge

Fresh Lot/Every 500SqM/As Required

Minimum 1 in 500SqM


______________________________________________________________________________________


LIST OF APPROVED MATERIALS :

S.NO. ITEM MAKES 1. CEMENT ACC , Ultratech, Ambuja

2. BRICKS Locally (Brick Kiln Made) comply with 1st Quality

criterion(Min. Strength 75kg/cm2)

3. REINFORCEMENT/STEEL Tiscon, Rathi, Kamdhenu, Premier, Sail

4. STRUCTURAL STEEL TATA, SAIL, VYZAG

5. HUME PIPES ISI mark best available

6. PVC PIPES Supreme, Prince, Tirupati, Dipplast or approved

make

7. ALUMINIUM SECTIONS Jindal, Hindalco, Balco

8. GLASS Float Glass of Modi, Asahi, Triveni

9. GLAZED TILES Bell, Johnsons, Naveen, NITCO, Somani, Marbito,

RAK, Kajaria etc.

10. VITRIFIED TILES Bell, Johnsons, Naveen, NITCO, Somani, Marbito,

RAK, Kajaria etc.

11. MS PIPE Tata, Jindal

12. MS FITTINGS Forged fittings of Sant, Gee, Kay etc.

13. GI PIPE B class Tata, Jindal

14. GI FITTINGS Unique, Unco, Heavy than ISI

15. CHINA WARE Parryware or approved make

16. CP FITTINGS Jaquar, or approved make etc.

17. PVC CONDUIT PIPES AKG, Phinolex or approved make

26. PAINTS ASIAN,BERGER,NEROLAC

27. PUTTY JK WALL PUTTY,BIRLA WALL PUTTY

28 PUMPS CROMPTON,KSB

Any other material as approved by the Site Engineer/Engineer in Charge.


______________________________________________________________________________________


APPROVED ELECTRICAL MAKES

S.No. PARTICULARS PREFERRED

MAKE ALTERNATE MAKE I

ALTERNATE

MAKE II

1 MCCB LEGRAND SCHNEIDER_M.G L&T(Moller)

2 MCB LEGRAND SCHNEIDER_M.G HAGER

3 MCB DBS LEGRAND SCHNEIDER_M.G HAGER

4 L.T. PANEL MNFRS. APPROVED BY CONSULTANTS

5 MODULAR SWITCHES LEGRAND (MOSAIC)

SCHNEIDER (LK FUGA)

CLIPSAL (OPALE)

6 PIANO SWITCHES ANCHOR SSK(TOPLINE) NORTH WEST

7 PVC CONDUIT POLY PACK PRECISION AKG

8 MS CONDUIT BEC AKG AGL

9 1.1KV GRADE CABLES (Al. Only) SKYTONE FINOLEX KEI

10 1.1KV GRADE CABLES (Cu. Only) LAPP KABLE SKYTONE FINOLEX

11 1.1KV GRADE WIRES LAPP KABLE RRKABL FINOLEX

12 LIGHTING FIXTURE PHILIPS CROMPTON BAJAJ

13 TELEPHONE CABLE DELTON KEI SKYTONE

14 TELEPHONE TAG BLOCK HENSEL KRONE ITI

15 CABLE GLANDS DOWELL SIEMENS COMET

16 THIMBLES DOWELLS

17 CABLE JOINTS 3M MAHINDRA REYCHEM

18 CONTRAL SWITCHES G.E. C&S THAKUR

19 TERMINAL STRIP CONNECT WELL ELMEX

20 BUS BAR SUPPORT POWERMEX NOMEX

21 CHANGE OVER SWITCH H.H.ELECON HPL SOCOMEC C&S

22 FUSES / FUSE CARRIERS G.E. L&T APPROVED BY CONSULTANTS

23 PUSH BUTTON G.E. BCH SIEMENS

24 CONNECTORS SIEMENS L&T TELEMECHNIC

25 PROTECTION RELAY ALSTHOM AVK-SEGC

26 CONTACTORS SCHNEIDER G.E. SIEMENS

27 METERS(INDICATING) AE IMP MICO

28 INDICATING LAMPS G.E. SIEMENS VAISHNAV

29 L.T. CTS AND PTS KAPPA AE SIEMENS

30 SELECTOR SWITCHES G.E. KAYCEE SIEMENS

31 CAPACITORS G.E. MEHAR CROMPTON

32 POWER FACTOR CORRECTION RELAY

NEPTUAN DUCTATI

NEUTRONICS SYNTRON.

33 OVER LOAD RELAY ALSTHOM L&T TELEMECHNIC

34 LOW VOLTAGE SERVICES AGENCIES

FIRE BALL DATS SDB CISCO

tender conditions - osts, malwan - 21-01-09 - bharat petroleum · bharat petroleum corporation ltd....

Documents