Contract for breaking of Hard Strata of lignite at Bhavnagar ... - GMDC

Application expressing interest by the Bidders:[To be submitted on the printed letter head of the bidderalongwith the cost of Tender Documents in form of DD]Dated /2010ToThe Managing Director,Gujarat Mineral Development Corporation Ltd.,Khanij Bhavan, 132 ft. Ring Road,Near University Ground, Vastrapur,Ahmedabad.Subject:Tender No. HARD STRATA BHV – 1 /10-11 Contract for breaking of HardStrata at Bhavnagar lignite mineSir,I/We are interested to participate in the above tender for the work related for breaking ofhard strata of lignite at Bhavnagar Lignite mine. I/We have experience in similar type ofwork and have adequate machinery. We have sound financial position to buy additionalmachinery if required to carry out the work to the entire satisfaction of the Corporation.We also enclose herewith a crossed demand draft for Rs. 5,000/- (Rupees Five Thousand)only / cash towards the cost of the tender documents and request you to please issueme/us a set of the same.Thanking you,Yours faithfully,----------------------(Authorised signatory)3

Chapter IBrief Introduction:1. GMDC:Gujarat Mineral Development Corporation Limited (GMDC), a Government ofGujarat Enterprise, is a pioneer institution in the field of mining for more than threedecades, catering to the needs of the minerals and solid fuel for the industriesbased in and outside Gujarat. GMDC’s mining activities are spread over in Kutch,Jamnagar, Bharuch, Surat, Baroda and Banaskantha districts of the State. It iscurrently dealing in minerals like Bauxite, Fluorspar, Ball Clays, Silica sand andLignite. The Corporation has set up a 250 MW lignite based Thermal Power Stationat Nani Chher in Kutch, The Corporation has annual turn over of more than 1111Crores, with a net profit of Rs. 280 Crores during the year 2009-10.The Corporation is operating Lignite mines, Panandhro and Mata no Madh in Kutch,Tadkeshwar in Surat, Rajpardi in Bharuch and Surkha North in Bhavnagar district.The demand of lignite is growing at a rate of about 15% every year. Last year totallignite production was 8.4 million tonnes.2. LocationThe Bhavnagar lignite mine of GMDC is located in village Surkha North, Dist.Bhavnagar (Gujarat State). The project (Tagadi village) is located about 12 kmsfrom Bhavnagar. The nearest Railway Station and Airport are located at a distanceof about 12-20 kms. resp. from the lease area at Bhavnagar.3. Description of the Work:The Corporation proposes to engage contractor to break the hard strataencountered during excavating overburden and above lignite seams at Bhavnagarlignite Mine. The approximate quantity to be broken during the currency of thecontract is approx. 15 lac M 3 may be increased depending upon the acceptability oflignite in the market.The thickness of the hard strata ranges from 1.00 meter to 4.5 meter dependingupon the location.4. Current Status:-This mine is in operation since last 2008 and its production capacity is about 3million tonnes per year. The lignite production from Bhavnagar lignite mine in theyear 2008-09 was 3.86 lac tonnes and 6.48 lac tonnes in the year 2009-10. In thecurrent year it is expected to go somewhere 8 to 10 lac MT. GMDC is setting upPyrite removal plant at Bhavnagar lignite plant to make lignite further industrial4

friendly which will definitely increase the lignite production from its existing level to amaximum of 30 lac tonnes per year in the next one or two years.5

).c).The evaluation of offers will be made on the basis of the lowest offerreceived. However, the management reserves the right to accept or overlookor rejecting any lower single rate offered by the bidder and / or split the workbetween more than one bidders without assigning any reason thereof .The bidder is required to quote the rate strictly as per the terms andconditions mentioned in the tender documents. The conditional tender willnot be entertained and will be rejected. The rate quoted should beinclusive of all items.6. ACCEPTANCE OF LOI:If the successful bidder does not accept the Letter of Intent issued by GMDC withinone week of its receipt, the amount of the EMD paid by him will be forfeited.7. COMMENCEMENT OF WORK :The successful bidder will have to start the work within 10 (ten) days of the date ofacceptance of the Letter of Intent, by deploying adequate nos. of machineriesrequired to carry out the job.In case of failure to commence the work within 10 days of the date of receiptof the LOI the contract may be terminated, at the discretion of GMDC.8. CONTRACT AGREEMENT:The successful bidder will have to enter into an agreement within 30 (thirty) days ofthe receipt of LOI, with the Corporation on appropriate Stamp Paper (to be providedby the Contractor) in token of acceptance of the terms and conditions of thecontract. In case of failure, the contract is liable to be terminated and the Securitydeposit may be forfeited.9. GENERAL:a) GMDC will not be responsible for any postal delay whatsoever.b) If the tender documents and forms referred to in the tender are not submitted orare submitted but not found duly filled in and unsigned, will result in rejection ofthe tender.c) In the event of space being insufficient for furnishing required information,additional sheets may be used and signed.d) Canvassing in any form may lead to rejection of the offer.8

Chapter IIICriteria for Evaluation of Technical Bids1. The intending tenderer must have in its name as a prime contractor experience ofhaving successfully executed works of similar nature (such as Breaking of hard rock/ stone / Shale etc.). The average quantity of 5 lac M 3 of the hard strata should havebeen broken by the bidders for the years 2008-09 and 2009-10.2. Ownership of a fleet of minimum 2 Rock breaker or other similar machine forbreaking the rock for the annualised work.4. Joint Venture : Joint Venture with other party is not allowed.5. To qualify for award of the contract :-( a ) The intending tenderer must have in its name as a prime contractorexperience of having successfully executed works of similar nature such asBreaking of hard rock / stone / Shale etc.) The average quantity of 5 lac M 3of the hard strata should have been broken by the bidders for the years2008-09 and 2009-10.( b ) Ownership of a fleet of minimum 2 Rock breaker or other similar machine forbreaking the rock for the annualised work.(c)(d)Sub contractors experience and resources will not be taken into account indetermining the Bidders’ compliance with qualifying criteria.Even though the bidders meet the above qualifying criteria, they are subjectto be disqualified if they have:i. made misleading or false representations in the forms, statements andattachments submitted in proof of the qualification requirements; and/orii.record of poor performance such as abandoning the works, not properlycompleting the contract, inordinate delays in completion, litigation historyor financial failures etc.6. SOLVENCY CERTIFICATEThe bidder should submit latest Solvency Certificate for a value of Rs. 15,00,000/-(Rupees fifteen lac only) issued from any Nationalised Bank (not being a cooperativebank) with in last 12 months along with the technical bid.9

7. ACCEPTANCE OF GENERAL TERMS AND CONDITIONS:8. EMDThe bidder should unconditionally accept all the terms and conditions of thecontract by signing on each page of the technical bid document of the tenderincluding annexures.The bidder should enclose a crossed demand draft worth Rs. 10,00,000/- (Rupeesten lac only) towards Earnest Money Deposit along with the technical bid in thecover so super-scribed. In absence of the DD for EMD or inadequate amount ofEMD, the offer will be rejected.9. DECLARATIONThe bidder should give a declaration along with the technical bid that it has notenclosed any conditional offer.10. BLACK-LISTING OF THE BIDDER:The Bidder or its directors should have not been black listed by any GovernmentOrganisation, nor should have any litigation be pending against any of them. Thebidder will submit declaration to this effect along with the technical bid. If at any timesuch declaration is found false, the bid will be rejected or if the contract work isalready awarded, it will be terminated forthwith without payment of anycompensation and the EMD/SD will be forfeited.CHAPTER - IVTERMS AND CONDITIONS OF THE TENDERM/s Gujarat Mineral Development Corporation Ltd., (herein after referred to as GMDC)proposes to award work for breaking of hard strata encountered during excavating ofoverburden and above lignite seams at Bhavnagar lignite mine., at the following terms andconditions.1. SCOPE OF WORK(a)(b)The work involves breaking of hard strata encountered during excavating ofoverburden and above lignite seams at Bhavnagar lignite mine.The work has to be carried out by deploying adequate number of machinerylike Rock breaker or similar machine which can break the rock etc.10

2. SUBLETTING OF THE WORK(a)(b)The Contractor shall not directly or indirectly transfer / assign/ sublet thework or to carry out any part thereof, to any other Contractor/ agency.Subletting of services, not included in the scope of work in clause 1 above,may be permitted with prior approval from the Competent Authority.3. DURATION AND QUANTITY OF WORK(a)(b)(c)(d)The period of the contract will be 2 year (24 months) from the date ofcommencement of the work or 10 th day after the receipt of letter of intent(LOI) by the Contractor, whichever is earlier. The Contractor shall have tobreak the hard strata 15 lac M 3 during the currency of contract period.The monthly quantity may varies as per strata found above the lignite benchand accordingly the contractor has to arrange the machineries required toexecute the work.The quantities mentioned in clause (b) will be indicative quantities only. TheContractor will normally be allowed variation upto +10% in quantities.Loss on breaking of hard strata on account of force majeure, naturalcalamities, rains, strike or reasons beyond GMDC’s control will not becompensated.4. RATES:(a)(b)The contractor shall quote firm rate in Rs. per M 3 of the hard strata beingbroken.Rate quoted shall remain valid for 180 days from the date of opening of thetechnical bid, which shall have to be extended unconditionally for furthermaximum of period 60 days, as deem fit by Corporation.c) The firm rate quoted by the successful tenderer shall be valid for the entirecurrency of the contract. No escalation in the rates will be allowed on anyaccount.(d)The rates quoted by the tenderer shall be free from corrections and overwritings. Tenders containing over writing, erased rate(s), corrections orillegible rates shall be liable for rejection.6. EARNEST MONEY DEPOSIT :(a)A non-interest bearing Earnest Money Deposit of Rs. 10,00,000/- (Rupeesten lac only) shall be paid along with the tender, enclosed with Technical Biddocuments in seal cover superscribed “TECHNICAL BID”, in form of CrossedDemand Draft in favour of GMDC Ltd. payable at Ahmedabad from11

Nationalised or Scheduled bank ( not Co-operative Bank). Any tendersubmitted without Earnest Money shall be summarily rejected and no claimshall be entertained on such rejected tenders.(b)(c)The unsuccessful bidders will be refunded the EMD amount by way ofcrossed cheque within 15 days of finalisation of the bids.The EMD of the successful bidders (the Contractor) shall either be adjustedas a part of security deposit, if desired by the contractor or shall be refundedby way of crossed cheque on receipt of security deposit amount as stipulatedin clause No. 7.6. SECURITY DEPOSIT(a)The successful Contractor shall pay security deposit (SD) @ 5% of the totalcontract value in the following manner.i. 2.5% of the total contract value (including EMD) before thecommencement of the contract work in form of a Crossed DemandDraft in favour of GMDC Ltd. payable at Ahmedabad or a BankGuarantee, from any Nationalised Banks in the form and manneracceptable to the GMDC.ii.The balance 2.5 % amount of the Security Deposit will be recoveredfrom Contractor’s Running Account Bills by deducting it at a rate of5% of RA bill amount and built up till the full amount of SD is realised.b) However, if the amount of the total work done exceeds the total contractvalue, deduction against SD will be continued @ 5% of the bill amount, tillthe currency of the contract period / extended period, to match with the valueof excess quantity.c) Security deposit shall not bear any interest.d) It shall be refunded to the Contractor, within a period of three months aftersatisfactory completion of the work and the due fulfillment of all the termsand conditions of the contract. The Contractor shall obtain a certificate tothis effect from the General Manager [Project] / Project-in-Charge and shallsubmit the same to the General Manager [LP & S] at HO, who afterverification of the fact will arrange for refund of SD.e) The SD deposited by the Contractor will be forfeited if the contractor fails tomobilise its machinery and manpower to start the work within 10 days ofreceipt of LOI by the Contractor.f) GMDC reserves the right to recover the charges or the penalty from theSecurity Deposit in the following circumstances-i. If the contractor or its employees causes any damage or destroy anyproperty belonging to GMDC.12

i. The shortfall amount of all compensations, penalties and other sumsof money payable by the contractor or recoveries to be made underthe terms of this contract which is due but not paid by the contractor infull , etc.7. RUNNING ACCOUNT BILLS.a) The Contractor shall submit monthly Running account bills for the workexecuted during the period within 7 days of the completion of the month.(b)Monthly Running Account Bill shall be submitted to the office of the Minesmanger with following documents :i. The quantity of the hard strata broken duly certified by GMDC’sSurveyor.ii.iii.Copies of Muster Roll and Payment Sheets showing amount of PFdeducted from salaries of the labour and employees, amount ofcontribution of the Contractor.Copy of the challans for the amount deposited in RPFC for theprevious month.8. MODE OF PAYMENT:The Running Account bills, submitted at the office of Mines Manager will beprocessed there considering following deductions.a) Income tax as per provision of Income Tax Act, and other Taxes (and surcharges)applicable in force from time to timeb) Security Deposit @ 5% of the gross amount of the RA bill as per clauseNo. 6.c) Penalty leviable as per clause No.14.,d) Other deductions, if any.An adhoc payment @ 80% of the net payable amount arrived after consideringthese deduction, will be paid by office of the G.M. [Project], within 7 days ofsubmission of the bill.Balance 20% amount of Running account bills shall become payable by ProjectOffice, after approval from Head office within 20 days of the date of the receipt ofthe bill at Head Office, after verification and deduction of adhoc payment made bythe project.13

9. MEASUREMENTSa) Before start of the work in a particular month, the surface RL will bemeasured, after breaking the same again surface RL will be measured byGMDC’s Surveyor. The difference will be considered for the basis ofcalculation of volume of the hard strata so broken.b) An authorised representative of the CONTRACTOR may remain present atthe time of measurement for recording, verification and certification of thequantity being broken.c) The measurement and the computations provided by the Management shallbe final and binding to the CONTRACTOR.d) The payment to the CONTRACTOR shall be based on the volume of thehard strata being broken only.e) Measurement of the volume of excavated area will be carried out as per theIS standards and with the use of Total Station and computation will becarried out with Data Mine Software available with the project and theCorporation. The contractor has to accept the volume so calculated.10. LIQUIDATED DAMAGES ( L.D.)a) If the Contractor fails to mobilise the required machinery and manpower tocommence the work within 30 days of receipt of LOI, as required underChapter-2, clause No.8, a penalty @ Rs. 2,500/- per day shall be leviable, fora maximum period of 15 days. If the contractor fails to start work even after15 days, the GMDC will be free to take action stipulated under Clause No.14.b) The Liquidated damages shall be leviable after end of every month on theshortfall in the monthly targeted quantity of the hard strata to be broken,counted from the date of commencement of work till the relevant RA Billperiod, at the following ratesShortfallUp to 5% of the monthly targetMore than 5% up to15% of themonthly target.More than 15% of the monthlytargetRate for Liquidated damagesfor shortfall quantityNil10% of the contract rate perTonne.15% of the contract rate perTonnec) However, shortfall/excess in the annual targeted quantities shall be reviewedat the end of every year and if the CONTRACTOR meets the annual targets,the liquidated damages deducted during the year will be adjusted in the nextRA Bill.14

d) EMPLOYER reserves the right to terminate the contract and get the balancework completed at the cost and risk of CONTRACTOR if cumulative shortfallis found more than 20% for three consecutive months/ RA bill period.11. NON FULFILMENT OF TERMS & CONDITION AND TERMINATION OF THECONTRACT.a) If the Contractor fails to carry out the work as per terms and conditions of thecontract to the satisfaction of the GMDC, GMDC shall be entitled to forfeit thesecurity deposit paid by the Contractor. This however, shall not absolve theContractor from his obligation to fulfill the contract. In such event, the GMDCshall have a right to complete and / or to get the work completed at the cost& risk of the Contractor and the Contractor shall be responsible to pay suchcost incurred by the GMDC to complete the work and / or to get the workcompleted.b) Likewise, if the Contractor does not fulfil the terms and conditions of thecontract and does not carry out the work up to the entire satisfaction ofGMDC, GMDC has the right to forthwith terminate the contract at its solediscretion, without assigning any reason, Under such events, the GMDCshall be entitled to forfeit the security deposit paid by the Contractor and theGMDC shall have a right to complete the work and / or to get the workcompleted at the risk and cost of the Contractor.c) For any reasons, if it is required, GMDC reserves right to cancel, terminate.amend and / or alter the contract and / or bifurcate and / or reduce thecontract work at any time without giving any notice to the Contractor andwithout incurring any responsibility. For such cases, Contractor shall have totake away his labour, tools, tackles, machinery, equipment etc. and shallleave the site at once or shall have to carry out the instructions of the GMDC.12. COMPLIANCE OF STATUTESThe CONTRACTOR will strictly conform to all the laws governing employment,payment, Safety and welfare of the labour and staff and provision of MinimumWages Act, PF/ Gratuity Act, the Workmen’s Compensation Act, Contract labour(Abolition and Regulation) Act, The Coal Mine Regulations 1957, the Mines Act1952, Industrial Dispute Act, Bonus Act and all relevant rules, by-laws and otherStatutory provisions as ones existing now or as may be introduced later as well asthose orders of Govt. of India or State applicable to EMPLOYER and the Rules andRegulations framed under the said Acts. If any amount becomes payable byEMPLOYER as a result of any claim or application in terms of the provisions of thesaid Acts and the Rules and Regulations, By-laws or the Orders made thereunder,such amounts shall be recoverable from the CONTRACTOR. Any consequencesarising out of non-compliance of Safety Provisions will be at the CONTRACTOR’ssole risk and cost. The CONTRACTOR will maintain all the statutory registers underthe above Acts and Regulations and will submit the same on demand by the MinesManager / General Manager (Project).15

13. GENERAL CONDITONS1) As per the provision of mines V.T. Rules, all workers / operators proposed tobe employed by the Contractor, will have to be trained before employment atrecognised / approved VT Centre. Medical examination shall also be carriedout as per the Mines Rules 1955 before deployment.2) All the machineries proposed to be used in the mines shall be physicallyexamined by GMDC's Engineers for verifying its use-worthiness in the mines3) All the persons of the Contractor engaged inside the mining area must wearHelmet and Shoes. As and when required other personal protective wears shallalso be provided to them.4) The Contractor shall not change the constitution of the company/ firm duringthe currency of the contract.5) Contractor shall have to deploy their machineries in three shifts and by threedifferent relays. There will be no breaking of hard strata on weekly days of restand on paid/public holidays.6) All the machineries to be deployed by the Contractor must be maintained inproper working order and be fitted with all the required safety devices enforcedby DGMS under Mines Act.7) For any dispute arising out of this Work Order or interpretation of any termsthereof, the decision of the Committee consisting of concerned Project Head(currently G.M.[LP&S] at H.O., concerned Head of the Project, and theconcerned Divisional Head at HO with the matter under dispute, subject toconcurrence of MD/CMD GMDC, shall be final and binding upon the tenderer.8) In case of any Central/State Government directives regarding breaking of hardstrata and execution of work related thereto, the same shall have to be strictlyadhered to and binding upon the tenderer for implementation, for which GMDCwill not be responsible for any compensation.9) The contractor shall abide by the provision of the Motor Vehicle Act for hisentire tyre mounted machinery. Any consequences arising out of noncomplianceof said Provisions would be at the tenderer sole risk and cost, forwhich GMDC will not be responsible for any compensation.10) If the tenderer has to submit a copy of valid PF Registration Certificate, a copyof the same should be attached with the technical bid: otherwise on award ofcontract, within 15 days of the issue of LOI it should be submitted to GMDC.The tenderer will have to submit to the Corporation every month Muster Role,Wages/Salary sheet and PF Return and Challan regularly to the GMDC.11) The corporation reserves the right to reject any or all the tenders or split thework between more than one bidders without assigning any reason thereof.16

14. DISPUTES & LEGAL JURISDICTIONAny dispute or difference concerning or arising from this agreement and or itsimplementation, breach or termination whatsoever, including any difference ordispute as to the interpretation of any term(s) of this Agreement, shall be referred tothe arbitration of a sole Arbitrator to be appointed by GMDC and the selectedbidder.The Arbitration shall be governed by Arbitration and conciliation Act 1996 (India).The seat of such arbitration shall be Ahmedabad.The Parties shall share the cost of Arbitration equally.15. FORCE MAJEUREForce majeure is here in defined as natural phenomena such as floods, draughts,cyclone, earthquakes and epidemics, declaration of war, accidents etc. In suchconditions of force majeure both the parties can claim force majeure but they areobliged to inform the either party within 10 days in writing of the date ofcommencing and again ending of the force majeure.Under the circumstances of force majeure stated above, the contract terms ofquantity and period shall be extended by period equivalent to the loss of time due toforce majeure.The decision regarding the occurrence of force majeure to be considered shall betaken jointly by Contractor & GMDC.Period of such time loss due to force majeure will be considered for reducing themonthly target for calculating the liquidated damages for the respective month inwhich such force majeure has occurred.17

FORM – ACHECK LIST OF DOCUMENTS ENCLOSED WITH TENDERTECHNICAL BIDSr.No.ParticularsDeclaration (Strikeout whichever is notapplicable)1 Check list of documents in the prescribed proforma, Form-A Yes / No2. Earnest Money deposit for the value as indicated in NoticeYes / NoInviting Tender,3. Formats enclosed-dully filled in and signed along with all required enclosures , completeas per Instruction to tendererForm – B –( Status of the Bidder, with documentary proof)Yes / NoForm – C-(Details of the work carried out with copy of final bill)Yes / NoForm – D- (Details of the machinery owned by the bidder, withYes / Nodocumentary proof)4. Other documents to be enclosed by the tenderer as per the instruction to tenderer.Power of authority of the signatory to the tendererYes / NoLatest Solvency certificate from the nationalised bank for Rs. 15 Yes / Nolacs.Copy of P.F. Registration details if available.Yes / NoDeclaration in prescribed format on letter head of the bidderYes / NoDeclaration by the Bidder indemnifying GMDCYes / No5. Tender documents as issued by the GMDC duly signed byYes / Nocontractor on each page.6. Site visit certificate issued by project authority Yes / NoPRICE BID1 Price quotation for Option –I in Form ‘AA’ Yes / No18

FORM - BStatus of the TendererName of the Tenderer :Address :Registered office :For correspondence :Telephone No.Fax No.E-mail AddressWhether the firm is joint stock Co., HUF,individual, Partnership firm (Attestedcopies of Deeds, Articles of association tobe enclosed)Name of person holding power of attorney(Attested copy of power of attorney to beenclosed)Names of Partners with their Present andpermanent addressName of Bankers with full address andTelephone No.19

FORM –C(Part –I)DETAILS OF WORK CARRIED OUT DURING THE PAST THREE YEARS BY THE TENDERERSr.No.Description of work withWork place/mineName of client withpostal addressPeriodFrom ToQuantityawarded(Date) (Date)Actual quantityworkedWorkexperiencecertificateattachedYes/NoYes/NoYes/NoYes/No20

FORM - C(Part – II )DETAILS OF WORK CARRIED OUT DURING THE PAST THREE YEARS BY THETENDERERParticularsWhether enlisted in other deptt, if yes,then furnish the details pertaining toclass and the amount qualified to tenderWas the applicant or its partners orDirectors black listed in past by anyGovt. or any other body.Details pertaining to the workincomplete, if anyDetails of the litigation either completedor under progress during last 10 yearsby the company or anypartner/proprietor of present companywas associated in any capacity.21

FORM - D1. Details of machineries required for annualized work to be used for the work :a) Owned by the tenderer:Sl.NoRegistration No.( copy of registrationcertificate to beenclosed)Make and model.( TO BE FILLED UP AND SUBMITTED WITH PART-I )Details of additional equipment already ordered to be purchased new for the projectindicating delivery times required in the form given below :Sl.NoRegistration No.( copy of registrationcertificate to be enclosed)Make and model22

DECLARATION(On letter head of the Bidder)FROM:DATE:To,The Managing Director,Gujarat Mineral Development Corporation Ltd.,“Khanij Bhavan”, 132 ft. Ring Road,University Ground, Vastrapur,Ahmedabad-380015Dear Sir,I/we here by solemnly declare that any of our Directors or Partners, jointly or severallyand/or individually or our firm/company have not been black listed by the Central Govt.or the State Govt. or its undertakings.I/we here by further declare that, if the declaration is found untrue, the GMDC shall beentitled to take any action against us severally and/or individually or our firm/companyin this regard in any manner that may be deemed fit by GMDC.Yours faithfully,_________________________Signature and Stamp of the contractor23

(On Letter head of the Bidder)UNDERTAKINGTo,The Managing Director.Gujarat Mineral Development Corporation Ltd.Khanij Bhavan132’ Ring Road, University Ground,Vastrapur,Ahmedabad.Dear Sir,We M/s. -------------------------------------------------- hereby undertake that, we shall at alltimes, indemnify and keep indemnified that GMDC Limited from any and all liability fordamages resulting from or arising out of or in any way connected with the operationscovered by the tender NO. HARD STRATA BHV – 1 /10-11. We shall be responsible forall risk arising in connection with or on account of the operations covered by thecontract covered by the above tender and shall make good all losses and damagesarising there from. In case, the GMDC Limited shall incur any cost or expense or sufferany loss on account of any claim demand or course of action brought against us andarising out of the operations covered by the contractor/tender, the GMDC Limited shallhave the power (without being bound to do so) to define, contest or compromise anysuch claim demand or cause of action. Any amount that may become payable byGMDC Limited and any cost expense etc. that may be incurred by the GMDC Limited inthis behalf, shall also be recoverable from us, without prejudice to your other rights.Yours faithfully,For ------(Signature & Stamp of the Contractor)24

SPECIAL TERMS & CONDITIONS1.00 The contractor before starting the work, shall furnish to the GeneralManager/Project Officer the list of machineries proposed to be deployed for thework, with the related papers of registration, fitness certificate, permits, licenses,insurance, driving licenses etc. for inspection. No other machineries shall bedeployed for the work without the approval of the General Manager (P),Bhavnagar.2.00 The machineries deployed at project, shall not be diverted for the work withoutthe approval of the General Manager (P) GMDC.3.01 The contractor shall deploy adequate number of machineries for the satisfactoryexecution of the work.3.02 Machineries in good and safe condition having valid fitness certificatepermits/licences etc. and in respect of which the required taxes/ fees have beendeposited and which are properly covered by insurance, shall be deployed forthe work. The company shall have the right to inspect or arrange inspection ofthe vehicles/equipments deployed by the contractor for the work at any time anddeclare any vehicle/equipment unsafe and ask for its immediate withdrawal fromthe site/operation. The contractor shall ensure prompt/ immediate compliance ofthe same.3.03 The contractor shall at his own cost, arrange for regular checking / maintenance/ repair of the machineries and keep them in good and safe conditions at alltimes. Proper records of such checking/maintenance/repair shall be maintainedin a Log Book kept on the vehicle for the purpose, which shall be readilyavailable for inspection whenever required.3.04 Only experience, skilled and disciplined operators of sound health, goodbehavior and antecedents having valid and requisite driving licence shall bedeployed by the contractor. In no case any un-authorised driving of themachineries shall be permitted by the contractor.4.00 The contractor shall not have any claim whatsoever for the idleness of hismachineries for any reason attributed to GMDC and/or for any other reason.5.01 The contractor shall at his own cost arrange for all materials, stores, spares,tools, tackles etc. and maintenance/repairs of the machineries/equipmentsrequired/ deployed for the work.The company shall have no liability whatsoever on this account.5.02 The contractor shall maintain proper records in Gujarati / English / Hindi of themachineries /equipments persons, etc. deployed for the work, work done, of theemployees, payment to the employees etc, and the Company shall have theright of access to and inspection of these records or to call for any or all theserecords or ask the contractor to submit such reports as it considers necessaryand the contractor shall be bound to comply with such instructions.25

6.00 The Company shall have no responsibility/liability whatsoever for anyaccident/damage to the contractor’s machineries / equipments in transit or whileengaged in the work.7.00 The contractor shall familiarize himself and fully comply with the provisions of allthe Acts/Rules/Regulations/Bye-laws and orders of the Local authority/Municipality/State Govt./Central Govt. applicable to the worker. Mines Act.Payment of Wages Act, Motor Vehicle Act, Workmen’s Compensation Act, etc.and shall be fully responsible and liable for due observance of the same. Thecompany shall have no responsibility/liability whatsoever on these accounts, andthe contractor shall fully indemnify the Company against anyclaim/dispute/reference Award, etc,. Arising out of the same.8.00 If the Company suffers any loss on account of suspension of production oridleness of its equipments/ employees or on any other account or damage to itsproperty, due to any failure on the part of the contractor or due to any act ofomissions or commission on the part of his representative/ employees or fromthe equipments of the contractor, the value of the same as assessed by theCompany, shall be recovered from the contractor’s bill/security deposit. Thedecision of the company in this regard shall be final and binding on thecontractor.9.01 The Contractor shall post adequate number of competent, experienced, skilledand disciplined persons having good antecedents for satisfactory execution ofthe work. A list of all such persons shall be kept in the office of the contractorand a copy of the same shall be furnished to the General Manager (Project) asand when required. All these persons shall be in the direct employment andunder direct administrative control of the contractor and the management shallhave no responsibility/liability whatsoever in this regard.9.02 The contractor shall issue an identify card/employment card to each employeewith photograph duly attested by him which the employee shall always carry withhim, while on work and produce for inspection whenever required.10.00 The contractor shall not engage any person of less than 18 years of age orfemales during night hours as required by relevant law.10.01 The contractor shall pay to his employees salary and wages as per Law of theland applicable to the workmen of the mine where he is working under thiscontract.10.02 The contractor shall make payment to his employees at the place(s) specified bythe General Manager (Project ) or and in the presence of Company’srepresentative authorized by General Manager/Project Officer who shall dulywitness all payments by the contractor to his employees. For the purpose thecontractor shall notify to the General Manager (Project) the wage period (s)day/date and time of payment.10.03 The contractor shall prepare the wages sheet for his employees in duplicate, acopy of which shall be regularly submitted to the Project Officer.11.01 The contractor shall make timely payment of all salary/wages/dues to hisemployees shall also provide all benefits to his employees as per various26

Acts/Rules, Regulations, Orders applicable to the work e.g. bonus underPayment of Bonus Act. Sunday Wages, Overtime, Holiday Wages, LeaveWages, Sick Leave etc.11.02 The contractor shall also comply with the provisions of the Lignite / Coal MinesProvident Fund Scheme and regularly deposit the contributions in accordancewith the same. The Company shall have no liability whatsoever in the regard.11.03 The responsibility of the contractor in respect of all payments to his employeeswill be complete and absolute. The company shall have no liability whatsoever inthis regard and shall be fully indemnified by the Contractor against any claimarising out of any non-payment/short-payment/dispute/ award.12.00 The contractor shall arrange for the training of his employees ion accordancewith the Mines Vocational Training Rules, 1966 as amended from time to time athis own cost.13.00 In case any accident occurs or any injury is caused to any employee of theCompany by the vehicles/ equipments of the contractors or by any act ofomission/commission on the part of the contractor’s representative/employees,the compensation for the same, as provided in law or as assessed by thecompany shall be recovered from the contractor along with the costs andexpenses incurred by the company on the same.14.00 The contractor shall provide foot-wears, helmets and other protectiveequipments, to the employees as provided in the law, at his own cost. In case offailure on the part of the contractor to provide these protective equipments, thecompany may provide the same to the employees at the cost of contractor.27

FORM – AAPRICE BID / SCHEDULEPRICE BID TO BE FILLED ONLINEName of Work :Name of Bidder:Address:-Breaking of Hard Strataencountered during mining oflignite at Lignite minesBhavnagarQuantity of 15 Lac M 3to be broken duringthe contract periodRate(in Rs. per M 3 )The above rate is inclusive of all except Service tax. If service tax is applicable, thesame shall be reimbursed to the contractor on actual being submitted / remitted to theconcerned department against submission of proof. No escalation in the rate will bepermitted during the currency of the contract period.Date :__________________Signature with seal28