CONSTRUCTION OF BADMINTON COURT WITH MATERIAL

JOBNER.TENDER/ENGG/2024-25/BADMINTON COURT

TENDER FOR CONTRUCTION OF BADMINTON COURT

Due Date / Time : 29.11.2024 @ 15:00 hrs.

Time for Completion : One Month from the issue of PO (Contract is valid for one year

from the date of LOI).

1. The tenderer should quote for all items in the tender schedule. The rates should be

expressed both in figures and in words: where discrepancy exists between the two,

the rates expressed in words will prevail. Similarly, if there is any discrepancy exists

between the unit rate and the amount, the unit rate will prevail.

2. The rates be quoted in the same units as mentioned in the tender schedule.

3. All entries in the Tender Documents should be in Ink/Typed. Corrections, if any,

should be attested by full signature of the Tenderer.

4. Every page of the tender documents shall be signed by the tenderer or his

authorized representative.

5. The tenderer should indicate the time required to complete the entire work from the

date of receiving the order.

6. The rate quoted should be inclusive of all material, labour, water, electricity, power

equipment tools/tackles, centering, shoring, lifts, leads, scaffolding,

excise/customs/duties, sales tax, works contact tax etc. levied by State/Central

authorities. All materials are to be supplied by the tenderer unless otherwise stated.

The successful tenderer have to pay wages as per minimum wages act as advised

7. The rates quoted shall be valid for a period of 180 days. Once the quotation is

accepted, the rates quoted shall be firm till the entire work is completed in all

ACCEPTANCE OF TENDER:

8. In complete/Conditional tender quotations or those received late and/not confirming

to the terms and conditions, the tender documents will be rejected.

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9. The Company reserves the right to reject any or every tender without assigning any

reason whatsoever and/or to negotiate with the tenderer (s) in the Company

considers suitable.

10. The company further reserves its rights to allow to the Public enterprises ‘Price

Preference’ (facilities as admissible under the existing policy) as may be decided

by the company.

Security Deposit: (Applicable only for works costing Rs. 50, 000/- and above in value)

11. (a). The successful tenderer, before commencement of the work, shall have to

provided to the company, by way of security, a money deposit or a Bank Guarantee

in the standard format provided by the Company for an amount equivalent to 3 %

of the total tendered value of the works, subject to a minimum of Rs. 5000/- and a

maximum of Rs. 1,00,000/-.In case the tenderer wishes to avail exemption on EMD,

necessary document fort the same to be attached. The tenderer shall have the

option to adjust the earnest money towards security deposit if he so desires.

The security deposit will be retained till for 1 year after the successful completion

of the work. In the case of security deposit in the form of a Bank Guarantee, the

same shall be kept valid by the tenderer at his cost till the completion of the work

under contract and shall be extended from time to time. No interest will be payable

on security deposit.

EXECUTION OF AGREEMENT:

12. The successful tenderer shall within 15 days of the Company’s communication to

him of the acceptance of his tender, execute a formal Agreement with the

Company, on the Company’s format.

EXECUTION OF WORKS:

13. The successful tenderer should submit details construction programme adhering

to the completion time quoted in the Agreement. The programme will form part of

the contract. However, the company reserves the right to alter the programme, if

necessary, from time to time and no claim of successful tenderer on account of

such alternation will be entertained.

14. All materials required for the execution of work should conform to the standard

specification and approved by the Engineer in Charge before actually put to use.

Commencement of work without prior 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 Company. In the case of certain

machinery/equipment, the Company’s site Engineer may inspect the items for

approval before they are brought to the site.

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

equipment brought or installed by the successful tenderer or handed over to him

by the Company for completion of the work will remain with him till the acceptance

of the work by the Company. Any damage caused to the material/equipment during

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

Company may require the successful tenderer to have guarantee/indemnity bond

executed for the value of the materials supplied to him free of cost, as per terms of

16. Quantities shown in the Tender Schedule are approximate and payment shall be

made as per actual measurements. The successful tenderer is not entitled for any

sort of compensation towards materials procured/stored in excess of the measured

17. The Company reserves the right to increase or to decrease the tendered quantity

or revise specifications, drawing, and designs of any or every item or delete them

at any stage of work. The successful tender’s claim for compensation or damages

on account of these shall not be entertained. Such deviations will be adjusted at

the rates contained in the Agreement or at prevailing market rates, if the rates are

not available in the agreement, by issuing variation order(s). In case it becomes

necessary for the Company to temporarily suspend or postpone the work, partly,

or fully due to unforeseen circumstances, the company shall not be liable for any

compensation on account of resultant delays.

18. The entire work will be carried out under the supervision of the authorized

representative of the Company, but this will not detract successful tenderer(s) full

responsibility for quality/period of execution of work.

19. Detailed measurements of works carried out shall be taken jointly by the successful

tenderer and out site Engineer at every stage of work, before preceding the next

All work shall be measured as per the procedure laid down. Payment will be made

as per measured quantities and not as per Tender Schedule quantities.

20. The successful tenderer shall submit to the office which has awarded the contract,

periodic progress reports of his work as stipulated by our Site Engineer.

21. The successful tenderer shall not undertake on his own any change in

specifications mentioned in the tender documents. In case of doubts he will refer

the matter in writing to the Company and act as per clarifications given by the

Company. Any changes in the work involving changes in original specifications

quantities/additional items of work should be covered by obtaining suitable variation

order (s) from the company immediately.

22. If the performance of the successful tenderer if found to be unsatisfactory, the

Company reserves the right to cancel in part or the whole of the contract and get

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the work executed through alternative means at the entire risk and cost of the

successful tenderer.

23. If the successful tenderer does not complete the work in the stipulated time, the

Company reserves the right to recover liquidated damages at 0.5% of the total

contract value for every week of delay or part there of subject to a maximum of 5%

of the total contract value until the work is satisfactorily completed and handed

over. However delay in completion of a specific urgent job the maximum

compensation will be increased to 15% if the total contract value. Such damages

may be deducted by the Company from any money due to the tenderer and any

further amount due from the tenderer shall be paid by the tenderer to the company

This is a specific urgent job – YES

24. The successful tenderer should ensure the safety of adjoining property and shall

make good and loss to product/property resulting from his negligence.

25. Hot work be carried out only in the areas earmarked for the purpose, after required

safety precautions have been taken and only after obtaining written permission

form the Site Engineer.

Any provision required to be made e.g. wind screens of G.C.I Sheets etc. to make

the area safe for hot work, will be made the successful tenderer at his own cost.

26. The work in the Company’s premises should be carried out during the Company’s

normal working hours and without obstructing day to day working the

establishment. If any work is required to be carried out beyond normal working

hours, prior permission should be obtained before undertaking such work.

27. In the event of the successful tenderer failing to complete the work within the

stipulated time, the Company shall have the right to employ any other agency to

complete the remaining work at the risk & cost of the successful tenderer.

28. It will be the successful tenderer’s responsibility to get the works approved and

obtain all certificates for plumbing, electrical, civil works from local, municipal,

Governmental or other required authorities.

29. Tanks, Pumps, Pipelines, Posts, Equipments and/or any other materials to be

supplied by the Company will be supplied anywhere within the site premises.

Safekeeping, transporting and handling of the same to actual location of installation

will be the successful tenderer’s responsibility for which no extra payment will be

30. During execution of work if it is found necessary to dismantle a portion of existing

bund wall, enclosure wall, compound wall, fencing etc. to facilitate the movement

of materials and equipment, the same shall be carried out after obtaining

permission in writing from Company’s authorized representative and also made

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good by the contractor at his own cost.

31. The successful tenderer is expected to co-operate/ co-ordinate with other

contractor’s carrying out the work allocated to them so as to avoid breading up of

work already done by them or causing any hindrance in the progress of their work.

In case there is any difficulty/dispute, the same should be immediately brought to

be notice of the Site Engineer.

32. If the work is required to be carried out in a working Depot, Installation, retail outlet

etc. The progress of work is likely to be interrupted on account of operations in such

units. Stoppage of work under such circumstances shall not entitle the successful

tenderer to claims any compensation for idling, machinery etc. during such

33. The successful tenderer and his man/men shall abide by all security/safety rules

regulations in force at location and the low, bye –laws and statutes of Government,

semi- Government and other local authorities such as requirements/liability under

enactments like the Workmen’s Compensation Act., Contractor labour Act etc. and

the Company shall stand indemnified against any claims on these scores. The

Successful tenderer and his men shall strictly abide by “no smoking’ and other

petroleum regulations on the premises.

34. The successful tenderer shall arrange for tat least one competent supervisor to be

present at the all-time during the progress of the work, who shall be duly authorized

to take instructions and execute them on his behalf.

FINAL BILLS / RETENTION MONEY:

35. On completion of the work to the satisfaction of the Company’s authorized

representative and after clearing the debris, tools, tackles, shoring, centering,

materials etc, from the site and obtaining necessary certificates as required from

the local authorities, the successful tenderer shall submit his final bill based on the

jointly recorded measurements of actual work done.

The final bill of the job done should be raised, unless otherwise agreed by the

Corporation in writing, within one month from the date of completion of the total job

as per contract. Whether the job has been completed or not will be decided at the

sole discretion of the corporation. Payment of the final bill will be made after

adjusting interim payments and retention amount deducted and retained.

36. (a) The Corporation will be entitled to deduct 10% value of all interim/running bills

and in final bills as Retention Money for all jobs exceeding Rs.100000/- and no

interest will be paid on money retained by the company.

The said retention money will be retained for a period of one year and paid to the

Contractor after adjusting any dues of the Corporation against the Contractor under

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the workmanship/materials provided to the Contractor and /or against any other

claims for any reason whatsoever under the Agreement which may arise within the

said period of the one year. The retention period of one year will commence from

the date of the final bill or the date of completion of the job (as reckoned by BPCL)

whichever is earlier.

37. The successful tenderer shall not subject or assign any part of the work to another

party, without the prior written consent of the Company. In any event the successful

tenderer will be solely responsible for the work so subject or assigned.

38. 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 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 employer shall have the right to

inspect the records maintained by the Contractor concerning such workman from

time to time and the Contractor to produce of the Employer’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 the any contravention

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

inspection or otherwise, the Employer shall have the right to require the Contractor

to effect such compliance within such time as the Employer may prescribe in that

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

time prescribed by the Employer then the Employer shall without prejudice to this

rights to entitled to withhold form the amount payable to the Contractor any amount

payable to the workmen under any such laws, regulations or rules and to make

payment thereof the workmen. The Employer shall also have in that event the right

to terminate the contract with immediate effect and to exercise powers reserved to

the Employer under the contract as result of termination.

39. Special conditions, if any pertaining to the tender are shown in Tender Schedule.

(a) Any dispute or differences of any nature whatsoever, any claim, cross-claim,

counter-claim or set off of the Corporation against the Contractor or regarding any

right, liability, act, omission or on 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 (HR) of the Corporation or of some officer of the Corporation who may be

nominated by the Director (HR). 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 relates or

that in the course of this 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 the

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

office or being unable to act for any reason, the Director (HR) as aforesaid at the

time of such transfer, vacation of office or inability to act may in the discretion of

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the Director (HR) as 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 Office of the Corporation if the Director (HR) 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 from 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 (HR) or a person nominated by

such Director (HR) 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 Arbitrator

Act 1940 or any statutory modification or renactment thereof and the rules made

there under for the time being in force shall apply to the Arbitration proceedings

under this clause.

(b) The award shall be made 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 writing under his 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 here

in above and shall not be entitled to raise any objection or protest thereto under

any circumstances whatsoever.

(c) The Arbitrator shall have power to order either of the parties to abide by observe

and perform all such directions as the Arbitrator may think fit 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 Arbitrator 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 proceeding, shall be entitled to prefer a cross-claim

or set off before the Arbitrator in respect of any matter an 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, Cross-claim or set off and the Arbitrator

shall be entitled to consider and deal with the same as if the matters arising there

from 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 so taken.

(f) The Arbitrator shall have 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.

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(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 Arbitrator’s expenses whenever called

(h) The parties hereby agree that the courts in the city of Jaipur 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 Sole Arbitrator

here under shall be failed in the concerned courts in the city of Jaipur only.

Tenderer should mention estimate of time for :

Completing the work shown in the tender.

This is a specific urgent job :

I / We have read carefully the above terms and

conditions of Tender and agree to abide by the same.

Signature of the Contractor …………….. (Or his

authorized representative)

Name / Seal of the Contractor:

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