U6509-3104 ABM Fire Fighting Package Tender ... - Bharat Petroleum

BHARAT PETROLEUM CORPORATION LTD Special Conditions of Contract
CCR PROJECT , MAHUAL REFINERY- MUMBAI
13.0 UNDERGROUND AND OVERHEAD STRUCTURES
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Engineers-in-charge / OWNER shall provide, to the best possible extent, details in respect of
existing underground and above ground structures, overhead lines, cables, existing pipelines
and utilities existing at job site to the CONTRACTOR. The CONTRACTOR shall execute the
work in such a manner that the said structures, utilities, pipelines etc. are not disturbed or
damaged, and shall indemnify and keep indemnified the OWNER from and against any
destruction thereof or damages thereto. Moreover, CONTRACTOR shall prepare drawing
showing all the above stated details accurately and submit to Engineer-in-Charge. No extra
payment shall be made on this account. The rates quoted in SOR are deemed to be inclusive
of the costs towards this activity.
14.0 EMPLOYMENT OF LOCAL LABOUR AND PREFERENCE TO LAND LOSERS AND/OR
DEPENDENT OF LAND LOSERS
a) The CONTRACTOR shall ensure that local labour, skilled and/or unskilled, to the extent
available shall be employed in this work. Special preference shall be given to persons and/or
dependents of persons whose land has been acquired for the project work. In case of nonavailability
of suitable labour in any category out of the above persons, labour from outside may
be employed.
b) The CONTRACTOR shall not recruit personnel of any category from among those who are
already employed by the other agencies working at site but shall make maximum use of local
labour available.
15.0 SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT. / PUBLIC SECTOR
UNDERTAKINGS
a) If the CONTRACTOR is a PSU or P.S. Enterprise or is a Govt. Deptt, any disputes or differences
between the CONTRACTOR and the OWNER hereto arising out of any notified claim of the
CONTRACTOR in terms hereof and/or arising out of any amount claimed by the OWNER (whether or
not the amount claimed by the OWNER or any part thereof shall have been deducted from the final bill
of the CONTRACTOR or any amount paid by the OWNER to the CONTRACTOR in respect of the
work), then in suppression of the provisions of Section 9 of the General Conditions of Contract, the
following provisions shall apply, namely; such disputes of differences shall be resolved amicably by
mutual consultation or through the good offices or empowered agencies of the Government if such
resolution is not possible, then the unresolved disputes or differences shall be referred to arbitration of
an arbitrator to be nominated by the Secretary, Department of legal affairs (Law Secretary) in terms of
the Office Memorandum No. 55/3/1/75-CF dated 19 th December, 1975 issued by the Cabinet
Secretariat (Department of Cabinet Affairs) as modified from time to time. The Arbitration Act shall not
be applicable to the arbitrator under this clause. The award of the arbitrator shall be binding upon
parties to the dispute, provided, however any party aggrieved by such award may make a further
reference for setting aside or revision of the award to Law Secretary whose decision shall bind the
parties finally and conclusively. The parties to the dispute will share equally the cost of Arbitration as
intimated by the Arbitrator.
b) Notwithstanding the existence of any dispute or arbitration in terms hereof or otherwise, the
CONTRACTOR shall continue and be bound to continue and perform the works to completion in all
respects according to the Contract (unless the Contract or Works be determined by the OWNER) and
the CONTRACTOR shall remain liable and bound in all respects under the Contract”.
16.0 PROVIDENT FUND
The CONTRACTOR shall strictly comply with the provisions of Employees Provident Fund Act and
register the establishment with the concerned Regional Provident Fund commissioner before
commencing the work. The CONTRACTOR shall deposit “Employees” and “Employers”
contributions in the designated account with the designated Authority every month. The
CONTRACTOR shall furnish along with each invoice, the challan/receipt for the payment of provident