Construction of RCC Drain Channel from Rahiyad Village to River Bank , Rahiyad, Bharuch

The quantity indicated against each item in the Schedule of Rates is only

tentative and is likely to increase/decrease to any extent during the contract

and the Company shall not be obliged to entertain any complaint or claim what

so ever in this regard from the Contractor.

The quantum of work/job would vary/fluctuate depending upon the market

requirements/ demands from time to time. The Company reserves its right not

to operate at all or partially operate any of the items of work listed in the

schedule of Rates during the Contract and the company shall not be obliged

to entertain any complaint or claim what-so-ever in this regard from the

6. PAYMENT TERMS:

6.1 On satisfactory completion of the work, the contractor shall prepare and

submit bill in duplicate along with all relevant and supporting papers for

the respective month to the Engineer-in-charge / Officer-in-charge of the

work. The payment of the bills shall be made on monthly basis by

NEFT/RTGS/Cheque after usual deduction of applicable taxes and other

dues as per the rules.

6.2 The bill will be paid within 30 days provided the same is complete in all

respects. Such payment shall be made after completion of the calendar

month and after submission of a certificate from the Engineer-in-charge

/ Officer-in-charge duly recommended by him to the effect that the work

carried out by the contractor during the month is as per the contractual

obligations and to the entire satisfaction.

6.3 The payment of running bills/final bill by the Company shall not have any

linkage with the payment of wages and other dues to be made by the

contractor to his deployed manpower. In other words, the contractor shall

discharge from time to time his liabilities for payment of wages and other

dues to his deployed manpower irrespective of receipt of payment of

running bills/final bill from the Company.

6.4 The final bill should be submitted along “No claim Certificate “from you.

6.5 The payment towards the Final Bill will be released after 90 days of

submission of the Final Bill / Completion of the defect liability period.

6.6 In case the Contractor abandons the site during the currency of the

contract, the Contractor might have done no payment what so ever shall

be released even for the partial work that. The company shall have also

right to forfeit the amount of Retention Money & Security Deposit.

7. TAXES AND DUTIES:

Bidder to clearly mention all applicable taxes and duties in Schedule of Rates,

on supply of goods and / or services to be made

8. SECURITY DEPOSIT:

In the event of award of Contract, the successful Bidder will submit Security

Deposit at time of acceptance of contract/agreement in the form of BG

/DD/RTGS .Which shall be valid till faithful execution of contract plus 3 months

claim period for an amount equivalent to 7 % of total contract value including

taxes and duties. Contractor shall furnish Bank Guarantee (BG) in GNFC’s

standard ready-made format only, within 10 days from the date of issue of

Work Order/ detailed Contract as per GCC terms and condition Security

Deposit/ Bank Guarantee shall be released after upon satisfactory

performance of the contract and completion of the defect liability period. In

case extension is granted the Contractor shall accordingly furnish SDBG for

further period of Contract.

9. SUB CONTRACTING:

The Contractor shall not assign or transfer whole or part of the contract

awarded, or whole or part of works, services, obligations, responsibilities,

liabilities and rights or give a sub-contract for carrying out all or any of the

work, service, obligation, responsibility, liability and right, to any other person

or party without Company’s prior written consent.

10. ALTERATION IN SCOPE OF WORK:

The Company may at any time(s) before or after the commencement of the

work by notice in writing issued to the Contractor, alter the scope of work by

increasing or reducing the jobs required to be done by the Contractor or by

adding thereto or omitting there from any specific jobs or operations or by

substituting any existing jobs or operations with other jobs and/or operations,

or by requiring the Contractor to perform any extra works in or about the job

site. And upon receipt of such notice the Contractor shall execute the job(s)

as required within the altered scope of work.

11. PERFORMANCE OF THE CONTRACT:

11.1 The Contractor shall arrange to deploy adequate manpower with

required skill & experience to execute the job smoothly, safely & as per

the schedule &/or frequency.

11.2 The Contractor shall deploy supervisor/s for (I) to coordinate with

Engineer-in-Charge / Officer-in-Charge for job execution (ii) assignment

of the job & to pass on instructions to the manpower deployed by the

contractor for execution of job (iii) effective supervision of the job (iv) to

ensure that manpower deployed by the contractor are carrying out the

job safely, using proper safety appliances / wearing proper Personal

Protection Equipment, maintaining peace & discipline & observing safety

& security regulations & instructions. (v) To ensure that manpower

deployed by the contractor are not tampering with or operating any

machinery / equipment of the plant.

11.3 The manpower deployed should be engaged for the specific work under

the contract & should not be deployed in other jobs.

11.4 The Company shall have a right to terminate the contract / to split the job

/ to get done the work from another agency at the risk & cost of the

contractor, if not deploying adequate manpower / not carrying out the job

as per time schedule / any job is not properly done.

11.5 The contractor shall keep & maintain area neat & clean all the time.

12. CANCELLATION OF CONTRACT:

12.1 The Company shall be entitled at any time at its discretion to cancel the

Contract if, in the opinion of the Company, the cessation of the work has

become necessary owing to any cause, what so ever.

12.2 The Contractor shall not be entitled for any compensation, whatsoever,

in addition to the payment for the work actually performed by the

Contractor, calculated on the basis of the Schedule of Rates.

13.1 The Contractor shall at all times indemnify and keep indemnified the

Company and its officers, servants and agents from and against all third

party claims whatsoever (including but not limited to property loss and

damage personal accident, injury or death of/to property or person of any

Sub-Contractor and/or the servants or agents of the Contractor, and

Sub-Contractor(s) and/or the Company) and the Contractor shall at his

own cost and initiative at all times hereof take out and maintain insurance

policies in respect of all insurable liabilities under Employee’s

Compensations Act 1923 and all other applicable Labour laws, including

but not limited to third party insurance and Act. Personal injuries

insurance Act, etc.

13.2 The Contractor shall also at all times indemnify and keep indemnified the

Company and its officers / employee of the company including Engineer-

in-Charge/ Officer-in-charge against all actions, proceedings, claims,

demands, cost & expenses whatsoever arising due to failure of the

contractor in the performance of his obligations under the contract.

13.3 The Company shall not be liable for or in respect of any demands or

compensation payable under any law in respect of or in consequence of

any accident or injury to any workman or other person in the employment

of the contractor or his sub-contractor and the Contractor shall indemnify

& keep indemnified the Company against all such damage and

compensation and against claims, demands, proceedings, costs,

charges & expenses whatsoever in respect thereof or in relation thereto.

14. PENALTY FOR DELAY/ DEFAULT:

A. FOR DELAY IN STARTING THE JOB:

The penalty shall be imposed to the contractor, for delay in initiation of

the assigned work. If the contractor fails to initiate the job within permitted

mobilizing time limit, the penalty of Rs. 500/- per day shall be imposed to

him. However, in case of emergency or breakdown jobs, the contractor

shall mobilize his team immediately and no mobilizing time shall be given

in such condition.

B. FOR NON COMPLIANCE OF SAFETY RULES:

The penalty shall be imposed for non-compliance as under:

• Non wearing of safety shoes: Rs.250/-per incident per person

• Non wearing of safety helmet / not using required PPE: Rs.250/- per

incident per person

C. FOR POOR WORKMANSHIP:

As decided by Engineer-in Charge / Office-in-charge including no

payment of claim shall be paid to the contractor.

15. SUSPENSION OF CONTRACT:

In appropriate case, the Company may at its discretion, instead of terminating

contract for breach of any terms or conditions by Contractor, suspend the

contract for specified period. In case the contract is so suspended, Contractor

will be under obligation to reimburse the Company for damages or loss

suffered by the Company on account of Company making alternative

arrangement during period of suspension of contract and if the Contractor fails

to reimburse such loss or damages, the same will be recovered from the

Security Deposit or any other payment to be made to the Contractor under the

contract with the Company.

16. TERMINATION:

16.1 Company may, without prejudice to any other remedy for breach of

contract, by written notice of 30 days of default sent to the Contractor,

terminate the Contract in whole or in part if the Contractor fails to perform

any other obligation(s) under the Contract;

16.2 If the Contractor goes bankrupt or goes into liquidation.

16.3 In the event of termination of contract by the Company on account of

breach of any terms and conditions of the contract by the Contractor the

entire Security Deposit Bank Guarantee given by the Contractor will

liable to be forfeited.

16.4 The Company may at its discretion, terminate the contract by giving a

notice of 30 days, for convince, at any time, without assigning any

reasons, whatsoever.

17. PAYMENT UPON TERMINATION:

If the Contract is terminated because of a breach of Contract by the

Contractor, the Company shall process payments due to Contractor less all

required deductions. If the total amount due to Company exceeds any

required deductions. If the total amount due to Company exceeds any

payment due to the Contractor, the difference shall be a debt payable by

Contractor to the Company and the same may be recovered from Security

Deposit and/ or any other dues payable by the Company to the Contractor.

18. DEFECT LIABILITY PERIOD AND LATENT DEFECTS:

Defect liability period for works unless otherwise specified shall be 12 month

and/or rectify any and all defect(s) and/or months from the date of issue of

Completion Certificate and the Contractor shall at his own cost and initiative,

correct, repair imperfections in the work as shall be discovered during the said

defect liability period and in the event of the Contractor failing to do so the

Company shall be entitled for compensation from the Contractor.

19. GOVERNMENT REGULATIONS:

The Contractor shall comply with and ensure strict compliance by his / its sub-

contractors, servants and agents of all applicable Central, State, Municipal

and Local Laws and regulation / notifications of any Central, State or Local

bodies and authorities and undertakes to indemnify the Company from and

against and levies, damages, penalties and payments whatsoever as may be

imposed by reason of any breach or violation of any law, rule or regulation

whatsoever and all actions, claims and demands arising there from and / or

relative thereto.

GNFC strongly opposes sexual harassment and any such behaviour against

women is prohibited by the law as set down in “The Sexual Harassment of

Women at Workplace (prevention, prohibition and Redressed) Act, 2013”

and Rules framed there under being The Sexual Harassment of Women at

Work place Rules.

You shall ensure compliance of Gujarat Professional Tax Act, 1976 and

required to deduct Professional Tax as applicable from the wages to be paid

to your workers & required to deposit the same to the appropriate authority.

20. COMPLIANCE WITH LABOR & SAFETY REGULATIONS:

During the continuance of the Contract, the Contractor shall abide at all times

by all existing Labour enactments and rules made there under, such as

Minimum wages Act, E.P.F Act etc., regulations, notifications and bye laws of

the State or Central Government or local authority and any other Labour law

(including rules), regulations, bye laws that are in force or may be passed or

notification that may be issued under any Labour laws in future either by the

State or the Central Government or the local authority. The Contractor shall

keep the Company indemnified against and/or on account of contravention of

any of the provisions of any Act or rules made there under, regulations or

notifications including amendments.

If the Company is caused to pay or reimburse, such amounts as may be

necessary to cause or observe, or for non-observance of the provisions

stipulated in the notifications/bye laws/Acts/ Rules/ regulations including

amendments, if any, on the part of the Contractor, Company shall have the

right to deduct all such sums from any money due to the Contractor including

his amount of security. The Company shall also have right to recover from the

Contractor any sum required or estimated to be required for making the loss

or damage suffered by the Company. The employees of the Contractor in no

case shall be treated as the employees of the Company at any point of time.

21. FORCE MAJEURE:

In the event that performance under the Contract, in the reasonable opinion

of either party (Company & Contractor) is made impossible by force majeure

like war, hostilities, revolution, civil commotion, strike, epidemic, accident,

wind, fire, flood, or because of any law, order, proclamation, regulation or

ordinance of any Government, or of any subdivision thereof or because of any

act of God, quarantine restrictions, epidemics, etc. then either party shall so

notify the other in writing. If such force majeure circumstances continue for

more than three months then either party may terminate the Contract, or

complete performance of the Contract with such adjustments as are required

by the existence of the force majeure and are agreed upon by the parties.

22. DISPUTE RESOLUTION:

22.1 All disputes or difference(s) whatsoever which shall at any time arise

between the parties hereto touching or concerning the works or the

execution or maintenance thereof of this Agreement/ Contract/ Work

Order/ Purchase Order/ Service Order or the rights touching or

concerning the works or the execution or maintenance thereof of this

Agreement/ Contract/ Work Order/ Purchase Order/ Service Order, of

the construction meaning operation or effect thereof or to the rights,

liabilities of the parties or arising out of or in relation thereto whether

during or after completion of the Agreement/ Contract/ Work Order/

Purchase Order/ Service Order or whether before or after determination,

foreclosure or breach of the Agreement/ Contract/ Work Order/ Purchase

Order/ Service Order, shall be referred by the disputing Party, in writing

to the other Party, within 30 days of occurrence of such event, to resolve

any such dispute or difference.

22.2 If such dispute mentioned above is not resolved amicably by direct

informal negotiation, within a period of 30 days, then such dispute/

difference shall be referred to the Engineer-In-Charge/ Additional

General Manager of the concerned department of GNFC. Engineer-In-

Charge/ Additional General Manager shall give its decision within 30days

of the reference of the dispute to him.

22.3 If any Party serves an Arbitration Notice in respect of any dispute to the

Appointing Authority, the dispute shall be finally settled by arbitration

under the Indian Arbitration and Conciliation Act, 1996 (“Act”) and all

statutory amendments, modifications thereof and the rules made there

under, or any other corresponding law for the time being in force, by the

Sole Arbitrator to be appointed as hereinafter provided.

22.4 Within 30 days of receipt of Arbitration Notice, the Appointing Authority

shall appoint the Sole Arbitrator, who shall be a retired employee of

GNFC, not below the rank of General Manager and who shall be qualified

to be appointed as an Arbitrator under the law in force at the relevant

22.5 The provisions of the Indian Arbitration Act, 1996 and all statutory

enactments and modifications thereof and rules made there under shall

22.6 The Arbitration proceedings shall be conducted in English and the venue

and seat of the Arbitration proceedings shall be at Bharuch and the

Courts at Bharuch shall have exclusive jurisdiction.

22.7 The governing substantive law shall be Indian laws.

23. LABOR LAWS AND REGULATION:

23.1 The Contractor shall be responsible for strict compliance of and shall

ensure strict compliance by it sub-Contractors, servants or agents of all

labour and other laws, rules or regulation having the force of law affecting

the relationship of employer and employee between the Contractor/Sub-

Contractor and their respective employees.

23.2 The Contractor and Sub-Contractor(s) of the Contractor shall obtain

authority(ies) designated in this behalf under any applicable law, rule or

regulation including but not limited to the Factories Act, ESIC Act,

Employees Compensation Act and Contract labour (Abolition &

Regulation) Act, 1970 (insofar as applicable) any and all such license(s)

consent(s), registration(s) and / or other authorisation (s) as shall from

time to time be or become necessary for relative to the execution of the

work or any part or portion thereof or otherwise in connection with

performance of the Contract, and shall at all times observe and ensure

due observance by the Sub-Contractor, servants and agents of all terms

and conditions of the said licence(s), regulation(s) and other

authorisation(s) and laws, rules and regulations applicable thereto.

23.3 Nothing in the Contract document stated shall anywise constitute any

workman/ employee of the Contractor or any Sub-Contractor as or to be

workman/ employee of the Company, or place obligation or liability in

respect of any such workman/ employee upon the Company.

23.4 Without prejudice to any other liabilities or obligation of the Contractor

relative to Sub-Contractors in terms hereof or otherwise, the Contractor

shall indemnify and keep indemnified the Company from and against all

actions, claims, demands and liabilities whatsoever under and in respect

of the breach of any other provisions and / or against any claim, action

or demand by any workman / employee of the Contractor or any Sub-

Contractor and / or from any liability anywise to any workman / employee

of the Contractor or any Sub-Contractor under any law, rule or regulation

having the force of law, including but not limited to claims against the

Company under the Employee’s Compensations Act, 1923, The

Employees Provident Funds Act, 1952, and/ or The Contract labour

(abolition & Regulation) Act,

24. SAFETY REGULATION, ACCIDENT AND DAMAGE:

24.1 The Contractor shall be responsible at his own cost in and relative to

performance of the work and Contractor to observe and to ensure

observance by his Sub-Contractors, agents and servants of the

provisions of Safety Code as hereinafter appearing and all fire, Safety

and Security regulations as may be prescribed by the Company from

time to time and such other Precautions, measures as shall be

24.2 All necessary personal safety / protection equipment as considered

adequate by the Engineer- in-Charge / Officer- in-Charge should be

made available for the use to deployed manpower on the site and

maintained in a condition suitable for immediate use and the Contractor

should take adequate steps / monitor continuously for proper use of such

equipment’s by those concerned.

24.3 The contractor shall submit immediately in writing about accidents

occurred during the work execution to Company’s Fire & Safety and HR

Depts. Under intimation to Engineer- in-Charge / Officer- in-Charge.

25. SECURITY REGULATIONS:

25.1 The contractor shall ensure for strict compliance with the security

regulations / directives of the Company & shall also ensure that the

manpower deployed follows the rules during Entry / Exit as well as while

they are in the Company premises. All the deployed manpower shall

prominently display the Entry Cards while they are in the premises of the

25.2 If the Company finds any person / persons deployed by the contractor to

be undesirable the contractor shall immediately withdraw such person /

persons and substitute him / them. The decision of the Company for

undesirability of the persons deployed by the contractor shall be final and

binding on the contractor.

26. QMS, EMS, OHSMS &EnMS COMPLIANCE:

The Company is certified for Quality Management Systems, Environment

Management System, and Occupational Health & Safety Management

System and Energy Management System. All the persons (including

Contractors, Supervisors & their workers) working at GNFC or on behalf of

GNFC are required to comply with the QEHSEN guidelines in addition to

other applicable labour laws, safety laws as well as legal compliances.

27. OTHER TERMS:

NARDES reserves its right to enter into parallel Contract/s with other Bidders.

NARDES will allot the work to the lowest tenderer individually or collectively

In case, if contract is awarded and bidder fails to execute the same in line

with Conditions of Contract given in the contract, NARDES reserves its right

to source such services from any other source and extra financial implication,

if any, shall be to the defaulting Contractor’s risk and cost.

28. Coordination with allied Agencies:

These Special condition details the requirements for coordination and

interface management between Civil contractor and allied agencies

performing work concurrently or sequentially on this project, including but not

limited to electrical, lift/elevator and solar system contractors/agencies

29. GENERAL CONDITIONS OF CONTRACT:

All other terms conditions, not covered to the extent as provided above and in

Annexure attached hereto shall be as per General Conditions of Contract

(GCC) attached and marked as Annexure –V, which is an integral part of this

tender document.

30. GENERAL OBLIGATIONS OF THE CONTRACTOR:

30.1 The Contractor shall deploy suitably qualified and experienced

manpower in adequate numbers to carry out the job as per the scope of

work efficiently, safely & systematically depending upon the requirement

of the Company from time to time.

30.2 The Contractor shall deploy only such persons:

a) Who are above the age of 18 (eighteen) years and below the age

of 60 (sixty) years.

b) Who is physically sound, well behaved, trustworthy and

c) Who are medically fit, with proper eye sight (with or without

d) Who can read and write Gujarati / Hindi.

e) Who have clean habits and are teetotallers.

f) Who have no criminal record & have authentic ID & birth date

30.3 The Contractor shall deploy Supervisors in adequate numbers to

organize job related activities, supervise closely the job to be carried out

by his deployed workers as well as to ensure their safety &security. The

contractor / supervisor shall obtain details of jobs to be carried out from

Engineer-in-Charge / Officer-in-Charge & shall update progress of jobs

30.4 The Contractor shall solely and exclusively responsible for engaging and

employing the persons for execution of this contract. The company shall

have no liability whatsoever concerning workers. The Contractor shall

indemnify the company against all losses or damages or liabilities arising

out of or in course employing person or out of their relationship.

30.5 The Contractor shall be responsible and liable for payment of salaries,

wages & other lawful dues of his personnel as EMPLOYER. The

Contractor shall maintain proper books, accounts, records & documents

and comply with all statutory rules & regulations applicable to the

Employer as CONTRACTOR.

30.6 The Contractor shall make payment of wages and other dues to his

personnel on scheduled date but not later than 10th of each calendar

month. The Contractor shall also certify that all personnel employed have

been paid the minimum wages as prescribed by the Government and all

other laws are complied with and that there is no violation of any

applicable laws and no case of litigation is instituted or pending before

any authorities.

30.7 The Contractor shall disburse the monthly wages to his personnel

deployed at our site through bank only, disbursement of wages in cash

shall be not be allowed in any case. The Contractor shall submit soft

copy of file containing full name of worker, his bank account no. and

name of bank & branch as well as PF account / UAN no., before first

wage disbursement to operating department & HR department.

30.8 The Company shall be entitled to deduct directly from the bills to be paid

to the contractor any sum payable by him and which sum/sums the

Company is required to pay as Principal Employer on account of

contractor’s default in respect of all liabilities referred to in above clauses

and loss, damage etc. suffered by the Company due to contractor’s

30.9 The successful contractor shall arrange

1. To Submit separate ESIC registrations of workers deployed

exclusively for (NARDES SITE) GNFC Bharuch site / Dahej site (as

the case may be) for total duration of contract and Labour License

before commencement of work

2. To get verified the wage sheet from HR Dept. before disbursement

of wages and ensure wage disbursement through Bank on the

schedule date notified by HR dept.

3. To submit copy of wage sheet along with bank letter showing transfer

of wages as well as PF challan along with ECR before 20th of every

4. To execute agreement on stamp paper for wage disbursement

30.10 The contractor shall provide in writing the list of persons to be

deployed by him to Security department of the Company in prescribed

format for allowing them to enter in to Co.’s premises to carry out subject

job. The contractor shall also collect the ID Proof, Date of Birth proof,

Present & Permanent address proof, emergency contact NO... and shall

maintain the proper record.

30.11 On expiry of the validity of the Contract or in the event of the company

terminating the contract prematurely, the contractor shall ensure that all

the entry passes issued to his workers are collected back and deposited

with the Security Department. The Contractor shall be solely responsible

for misuse of any of the entry pass issued to his workers and the final

payment if any, applicable shall be made after confirmation of the

Security department to that effect.

30.12 The contractor shall obtain License for deployment of workers from

the appropriate authorities & also get insured them under ESIC policy as

per the provisions of laws and shall submit copies thereof to the

30.13 All tools & tackles, safety items etc. which are required to carry out

the work safely shall be arranged by you as & when required, except

where some special tools & tackles are being provided by the Company.

30.14 The Contractor shall provide free of charge all required safety

equipment / Personal Protection Equipment to the deployed manpower

& ensure that they use the same while carrying out the job. If required

for specific job, the contractor shall approach Engineer in-charge / Officer

in-charge for special tools/ tackles and safety appliances if required. Any

loss or damage to the specialized tools and tackles provided by the

Company to the contractor due to deliberate or negligence of the

deployed manpower shall be recovered from the payment due to

contractor at the rate as decided by the Company.

30.15 All safety precautions while executing the contract shall be strictly

observed by the contractor. Corrective measures as penalty for non -

compliance and eventual termination of contract followed by de-

registration, as approved contractors / vendors are the consequences of

repeated non - compliance and negligence.

30.16 Company is committed to safety of all the persons working inside the

factory, including contractors/agencies/their supervisors /workers / sub-

contractors / agents, etc. Health& Safety Policy of GNFC is enclosed

herewith at Annexure–‘VII’ which demonstrates GNFC's strong

commitment to safety. In this regard, the Company shall imparting

necessary job related training. The Contractor shall be required to spare

the deployed manpower to participate in such programme.

30.17 The Company is certified for Environment, Occupational Health &

Safety, & Quality Management System, under which there are good

number of legal and other requirements to be fulfilled. In this regard, the

Company shall imparting necessary job related training. The Contractor

shall be required to spare the deployed manpower to participate in such

programme. We enclose herewith a copy of Integrated Management

System Policy of the Company as well as QEHSEN Guidelines to

Contractors at Annexure–‘VIII’ & Annexure–‘IX’.

30.18 The Contractor shall be fully liable for any delay, loss or injury caused

directly or indirectly by any act or omission on the part of his Labourers,

agents or persons. In case, if any damage, loss or injury is caused, the

Contractor shall be liable to compensate for the same as per the decision

of GNFC, which shall be final and binding.

30.19 Company, however, reserves its right to terminate the contract

prematurely without giving any notice or any compensation whatsoever,

in case of failure by the contractor to discharge the jobs under the scope

of the subject contract to the satisfaction of the Company or in case of

misbehaviour/indiscipline on the part of the Contractor himself or his

Labourers or agents or persons. The decision of the Engineer-in-charge

/ Officer-in-charge of the Company in this regard shall be final and

binding upon the contractor.

30.20 In case the contractor fails to discharge his obligations in time, then

the Company shall get the services of other contractor/agency at

contractor’s risk and cost. The expense towards this shall be

recovered from the contractor. The decision of the Company shall be

final in this regard.