SCOPE AND SPECIAL TERMS & CONDITIONS OF CONTRACT

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1 1 of 6 TENDER DOCUMENT NO: PSER:HRM:PEST CONTROL:14 VOLUME II SCOPE AND SPECIAL TERMS & CONDITIONS OF CONTRACT PEST & RODENT SERVICES OF BHEL/ PESR EHQ, GOLF GREEN TRANSIT FLAT, MONOHARPUKUR HOUSING COMPLEX & CIC BUILDING. PREMISES BHARAT HEAVY ELECTRICALS LIMITED (A Govt of India Undertaking) POWER SECTOR EASTERN REGION PLOT DJ 9/1, SECTOR II, SALT LAKE KOLKATA VOLUME-II

2 2 of 6 NAME OF WORK SCOPE & SPECIAL TERMS AND CONDITIONS OF THE CONTRACT 1.0 Pest and Rodent Control Services in BHEL, PSER Office at (A) BHEL BHAVAN, 9/1, DJ Block, Sector-II, Salt Lake, Kolkata (B) Flat no.11/22, 11/23, 11/24, Golf Green Urban Housing Complex, ONGC Apartment, Green Tower, Golf Green, Kolkata (C) 107/4A, Manoharpukur Housing Complex, Kolkata (D) CIC Building, 2 nd Floor. 33A, J.L.N.Road, Kolkata Providing services of Pest and Rodent Control Services by Chemical Spray and Rat Control with food basis for controlling insects and rat menace Twice in every month in BHEL, PSER Office premises approximately measuring sq. ft. Ground floor to 4 th floor located at 9/1, DJ Block, Sector-II Salt Lake, Kolkata , plus measuring 3000 sq. ft. at Golf Green Transit Flat, plus measuring sq. ft. at Manoharpukur housing Complex area, plus measuring 4000 sq. ft. at CIC Building (2 nd floor) comprising as per the following specifications: Sl. No. Pest Control Rodent Control Chemical to be used 01. Insect Red ants, Rat and other similar Mosquito, flies, type reptiles. Cockroaches etc. Every month. Kerosene Oil based spray - Every month - Food/Powder based Mixture of bread, sweets, chanachur etc. Four or more places in each places in each floor 1.2 The contractor shall have to ensure the services of Pest and Rodent Control Services by using the above chemicals in BHEL premises as indicated in the above clauses to the entire satisfaction of BHEL. 2.0 For execution and performance of Pest and Rodent Control Services, the contractor shall engage such person(s) who is/are efficient and experienced in the field of handling the above nature of job. 2.1 The contractor shall arrange for all materials that are required for the purpose at his own cost. 2.2 The contractor shall be liable to make good all damages, breakage etc. of the sophisticated costly equipment resulting in form the negligence of the contractor s service person(s). 2.3 If the Bidder deliberately gives wrong information in his offer, BHEL reserves the right to reject such offer(s) at any stage or to cancel the contract, if awarded and forfeit the Security Deposit.

3 3 of All payments will be made to the contractor after deduction of Income Tax at source or any other taxes as applicable and prescribed under Income Tax Act/Rules/any other Act from time to time. Govt. Service Tax will be reimbursed by BHEL on proof of payment made by the contract. Govt. Service Tax payable shall reimbursed to be contractor on proof of payment made by him. 2.5 The contractor shall pay all taxes, fees, license fee, charges for duties, royalty commissions or other charges which may be levied on account of operation and in executing the contract to the concerned authorities. In case BHEL is forced to pay any of such taxes, etc. BHEL shall have the right to recover the same from the contractor either from his bill or otherwise as deem fit. 2.6 The contractor shall raise bill quarterly for carrying out Pest and Rodent Control Services and after scrutiny of bills, payment will be made to the contractor within fifteen days from the date of submission of such bill. 2.7 The contractor shall ensure that no damage is caused to any person, property of other parties working at the place of work. If any such damage is caused, it is the responsibility of the contractor to make good the losses or to compensate for the same. 2.8 In case the contractor is required to undertake any work outside the scope of this contract, the rates payable shall be those mutually agreed upon. 3.0 The rates offered by the contractor should be firm during the tenure of the contract. 4.0 The contractor should be in a position to mobilize and start services as per the instruction given in the LOI. 5.0 The payment shall be made in Indian currency only by Account Payee Cheque/RTGS. The Contractor will have to raise bill for carrying out Pest and Rodent Control Services. 6.0 The contractor shall be responsible for safety precautions as may be required for safe and satisfactory execution of this contract. 7.0 The bidder shall carry out the above services on 2 nd Friday & last Friday of every month or as per the instructions given by the authorized representative of BHEL. The services shall be carried out in presence of our representative who is authorized for the job. In this regard a certificate shall be taken from him indicating that the said job has been carried out effectively and satisfactorily which must have to be enclosed with your monthly bill for release of your payment by BHEL. 8.0 After going through all the terms and conditions, the contractor shall quote their lump sum rate including cost of materials and operation for the service of Pest and Rodent Control in BHEL offices located at different place as mentioned in Clause No. 1.1 above.

4 4 of It is re-iterated that there is no employer-employee relationship either with the contractor or with contractor s service men or with the contractor s organization. This is a contract and we have no connection directly or even remotely with contractor service men or with contractor s organization. This is only a business transaction for a period of two year and it would be terminated by serving one month s notice from BHEL s side/three month s notice from the contractor s side. I/We have gone through the complete contract document connected with the work and agree to execute all the work in the terms and conditions of this contract SUPERVISION OF SERVICE CONTRACT: 10.1 The contractor shall ensure in writing that the employees deployed by them at BHEL premises for providing the above service under this contract are not involved in any trade union activities at any point of time The contractor shall in respect of their employees, supply to the Company the following information: Name, Father s name, date of birth, educational qualification, two identifying body marks, full residential address, past experience, permanent home address and a passport size photograph The age of the manpower deployed by the contractor shall not exceed 58 years. After attaining age of 58 years such individual shall stand withdrawn by the contractor. They should be physically and mentally fit and do not have any criminal record. They should be free from any physical deformity and of sound health and should produce medical certificates to ensure their fitness to perform the above services. Their vision should be 6/6 with or without glasses and should not be colour blind The contractor shall provide each employee with employment/identity card with photograph duly verified and attested by the contractor to his employees. The contractor should indicate the name of the proprietary/partnership firm/company, place of work, contact number and duration of validity of Card The contractor shall comply with all statutory requirements, rules, regulations, notifications in relation to employment of his employees issued from time to time by the concerned authorities VALIDITY 14.1 This contract will initially be for a period of two years from the date of commencement of acceptance of the contract. This contract is renewable depending on the necessity on the existing rates, terms and conditions and subject to satisfactory service at site The contract may be terminated after giving one month s notice from either side GENERAL

5 5 of The contractor shall have to train all the manpower engaged by him in operating all fire fighting equipments located in the office complex Necessary deduction of Tax at source as per rules will be made from the contractor s bill and a certificate will be issued to this effect The contractor shall be responsible for resolving all disputes between their employees and themselves and shall ensure proper performance of duty by their manpower The contractor shall take appropriate Insurance coverage under ESI/Employees Compensation Act and EDLI for the requisite amount in respect of manpower and Supervisor, as applicable. Insurance Cover shall be obtained by the contractor at his own cost within a fortnight from the commencement of the contract and copy of Insurance cover shall be sent to the BHEL PSER Suratgarh site immediately The liability of any compensation for injury to personnel or others arising as a result of duties by their manpower shall be that of the contractor It is reiterated that there is no employer-employee relationship either with the contractor or with contractor s employees or with the contractor s organization. This is a contract and BHEL have no connection directly or indirectly or even remotely with contractor employees or with contractor s organization. This is only a business transaction After going through all the VOLUMEs of this tender documents, the contractor shall quote percentage rate of Service charges over and above the wage rate mentioned in the annexure of Price Schedule and must submit the same with the Price Bid (Volume-III) COMMENCEMENT OF WORK 16.1 The contractor shall commence the work within five days from the date of issuance of the Letter of Intent from BHEL and shall proceed with the same with due expedition without any delay If the successful Bidder fails to start the work within the stipulated time, BHEL at its sole discretion will have the right to cancel the contract RIGHTS OF BHEL 17.1 BHEL reserves the following rights in respect of this contract without entitling the contractor for any compensation: 17.2 To terminate the contract any time by giving fifteen day s notice without assigning any reasons thereof To recover any amount due from the contractor under this or any other contract with BHEL etc. or in any other form, the sum of money BHEL is forced to pay anybody due to contractor s failure to fulfill any of his obligations In the event of any dispute of any nature, the decision of BHEL shall be final and binding on the contractor STRIKES & LOCKOUTS

6 6 of The contractor will be fully responsible for any dispute and other issues connected with his employee. In the event of the contractor s employee resorting to strike BHEL shall have the right to get the work executed through any other agencies and the cost so incurred by BHEL, shall be deducted from the contractor s running bill/(s). 19. LAW GOVERNING THE CONTRACT AND COURT JURISDICTION 19.1 The contract shall be governed by the law for the time being in force in the Republic of India. The Civil Court, having ordinary original civil jurisdiction in Kolkata shall alone have exclusive jurisdiction in regard to all claims in respect of this contract In case financial offers received from two or more DGR registered firms are of identical value, subject to fulfillment of all other criteria, senior-most DGR registered party amongst them (having the lowest DGR registration number) would get preference over other DGR registered firm (s) It is expected and assumed that all documents, certificates, declarations made are true and correct on the basis of which technical evaluation will be made. If the above information is not correct and subsequently comes to the knowledge of BHEL, then the awarded contract may be liable for cancellation at the discretion of BHEL Notwithstanding whatever contained/ written herein, all rules and regulations of DGR (Directorate General of Resettlement) and amendments thereto shall prevail in this contract without any modifications. ===========================================

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