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ICAR-KRISHI VIGYAN KENDRA
(Farm Science Centre, ICAR, Govt.of India)
CARD, PATHANAMTHITTA DISTRICT
TENDER FORM & SCHEDULE OF WORKS
For
MODIFICATION AND MAINTENANCE WORK IN PRIMARY PROCESSING HUB FOR JACK
FRUIT FOR STRENGTHENING PACKAGING AND STORAGE FACILITY.
at
ICAR- KRISHI VIGYAN KENDRA, PATHANAMTHITTA DISTIRCT
LAST DATE OF TENDER SUBMISSION: 31/01/2019, 2pm, (At ICAR-KVK office).
SENIOR SCIENTIST AND HEAD
ICAR- KRISHI VIGYAN KENRDA
CARD,KOLABHAGOM P.O.
THADIYOOR.
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CONTENTS
1. Tender Notice
2. General conditions of contract
3. Tender Affirmation
4. Draft Contract Agreement
5. Important details of the contract
6. Bill of quantities and short specifications
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ICAR-KRISHI VIGYAN KENDRA, CARD, PATHANAMTHITTA, DISTRICT
1. Tender Notice
Competitive sealed tenders are invited by the undersigned from the building
contractors.
Tender No : 2/2018
Name of Work :
Modification and maintenance work at primary processing
hub for jack fruit for strengthening packaging and storage
facility
Location :
At ICAR-Krishi Vigyan Kendra KVK , CARD,
Campus Kolabhagom P.O, Thadiyoor , Thiruvalla -689
545
Probable Amount of contract : Rs.4,62,645/-
Earnest Money Deposit : Rs.11,600/-
Date of issue of tender form : 16/01/2019
Cost of tender form : Rs. 1100/- (Nonrefundable)
Last date and time of receipt of
tender :
31/01/2019, 2pm (at ICAR - KVK office) in case of
holiday, on next working day
Date and time of opening tender : 3.00 p.m. on 31/01/2019.in case of holiday on next
working day
Period of completion of work : 2 months
All other details and Tender Form can be obtained from the office of the Senior
Scientist and Head, ICAR-Krishi Vigyan Kendra,CARD, Kolabhagom P.O., Thadiyoor,
Tiruvalla on all working days till the last date and time noted above. EMD shall be in
the form of Demand Draft/Bankers Cheque drawn in favour of Senior Scientist and
Head, ICAR-KVK, CARD, Pathanamthitta District .
The undersigned reserves the rights to reject any or all tenders without assigning any
reasons.
SENIOR SCIENTIST AND HEAD
Date : 16/01/2019
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2.00 GENERAL CONDITIONS OF CONTRACT
2.01 DEFINITION OF TERMS
a) The “Employer” shall mean Senior Scientist and Head, ICAR-KVK, CARD. It shall also
mean Employer‟s representative, authorized or appointed by him to function on his behalf.
b) The “Engineer” shall mean the Engineer appointed by the Employer and acting on behalf of
the Employer. He is empowered to issue instructions and s uch other orders, as he may
think fi t to the Contractor with in the scope of this contract for i ts proper fulf i l lment.
c) “Service consultant or consultant “in respect of specific i tem of service such as Structural
design, Air-conditioning, etc. shall mean consultant or his representative appointed by the
Engineer for such service with the consent in writ ing by the Employer.
d) The “Contractor” shall mean the tenderer whose tender has been accepted by the
Employer and shall include the contractor‟s legal representatives, successors and
assignees.
e) The “Sub Contractor” or “Piece Work Contractor” shall only the person named in the
contract for part of the work or any person to whom any part of the contract has been sub
let by the Contractor with the consent in writ ing of the Employer and the legal
representatives, successors and assignees of such persons.
f) “The site” shall mean and include the lands and buildings over, under, upon and in which
the works are to be executed in accordance with the contract.
g) The “Specification” shall mean collectively al l the terms and stipulations contained herein
including the general conditions, other conditions of contract, technical provisions, and
annexure thereto and l ist of corrections and amendments.
h) “Variation” shall mean “Alterations, additions, amendments, omissions, suspensions or any
variation of the work from those particularly specified in these documents and described in
the „Bil l of quantit ies‟
i) A “Month” or “Calendar month” shall, mean no t only the period from the 1st of the
particular month, but also any Period between a date in a particular month and the day
previous to the corresponding date in the subsequent month unless specifically stated
otherwise. .
j) “Workmen” shall mean any labourer directly or in directly engaged in this contract work
and includes workmen of Sub Contractors, petty contractors, material supply contractors,
loading and unloading labourers, whether engaged on L.S. basis, daily basis, monthly
basis or otherwise.
k) The contract agreement” shall mean and include the General Conditions, other conditions
of contract agreed to, specifications, Schedules, Drawings, Annexure, the Tender,
accepted schedule of prices and the Agreement to be entered into.
l) The “Drawings” shall mean, collectively al l the accompanying general drawings and
revisions of drawings which may be issued by the Engineer / Service Consultant from time
to time.
m) “Writ ing” shall mean any communication on paper and includes printed statement,
typewrit ten or manuscript, under or over signature, or seal as the case may be.
n) “Labourer” shall mean all categories of labour engaged by the Contractor, his sub -
contractor and his piece work contractors for work in connection with the execution of the
work covered by these specifications. All these labourers shall be deemed to be employed
primari ly by the Contractor, even though the Employer may stand as principal employer to
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these contractors to enable them to get the required l icense as per the Contract Labour
(Regulation and Abolit ion) Act. 1970.
o) The „Tenderer‟ shall mean the person, f irm or corporation tendering for the works in this
contract and his/its executors or administrators of successors assignees.
p) “Elevation reduced level etc. in meters”. Whenever f igures are shown after the word
“Elevation”, Reduced level” or an abbreviation thereof, they shall mean the height in
meters based on Bench marks established by the concerned Government Service
department at the site.
q) „Time of completion‟ shal l mean the period within which the work under this contract is
required to be completed” in accordance with the specifications drawings, etc. This does
not cover Defects Liabil i ty period.
r) „Employer‟s obligations” are those obligations which have bee n specifically agreed to in
the agreement.
i) ”Expected risks” are risks due to acts of God, any acts of Government over which the
Contractor has no control and accepted as such by the Employer.
i i) „Market rate‟ shall be the rate prevail ing at the t ime of execution as decided by the
Works Committee on the basis of cost of materials and labour at the site where the
work is to be executed plus Ten percent to cover all overheads and profits.
i i i ) “EXCEPTED MATTERS”
Quality of materials and workmanship, Mixing in respect of mortar, concrete etc. for
proportion, quality and strength, Rejection of defective work by the Engineer at any
stage of the work and its removal in 24 hours, Interpretations of dr awings,
specifications, mode of working and technical questions touching the contract,
scaffolding, ladders etc. preservation of completed works against weather.
s) A Works committee constituted by the ICAR-KVK, CARD to be in overall supervision of the
contractor.
2.02 DELEGATION OF POWERS
The contractor shall contact the Senior Scientist and Head or Engineer for the regular and
proper instructions. The Engineer has been empowered to recommend to the Committee.
Contractual and technical matters such as, to determine the quality of materials/works, take
measurements and issue necessary instructions and orders. Works Committee wil l f inally take
the decision. The word “EMPLOYER” appearing in these specifications shall be constructed
accordingly. Please also see clause 3.15 “Communications for conduct of contract works”.
The contractor shall abide by these.
2.03 DOUBTS ABOUT THE CONDITIONS AND SPECIFICATIONS
a) If the tenderer has any doubt on the meaning of any portion of these instructions,
conditions or specifications, he should at once submit these to the Employer in writ ing
in order that these are removed before the submission of that tender.
b) Precedence in case of variation between papers/contradictions/incomplete meanings of
various parts of these presents shall be as per fol lowing in numbered order.
i) Declarations undertakings and promises in recorded discussions and letter transmitted.
i i) Instructions to tenderers, the schedules, the tender
i i i) Drawings issued from time to time in reverse chronological order.
iv) The bil l of quantit ies.
v) The Technical specifications.
vi) The General specifications.
vi i) Other papers.
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The Employer shall resolve any surviving confusion.
2.04 STIPULATIONIS OF ADDITIONAL CONDITIONS WHILE TENDERING
The tenderer shall quote firm rate for each item in the bil l of quantit ies taking into
consideration the provis ions given herein these specifications. No price variations or
additional conditions shall be stipulated by the tenderer. If, however, some special condition s
are deemed necessary by the tenderer, a ceil ing for the financial impact due to each of such
conditions must be specified in the tender. If the tendere r does not specify the ceil ing of the
financial impact due to the introduction of the special condition s item-wise, i t shall be open to
the Employer to reject such tender. Stipulation conditions of large or uncertain financial
implications wil l also disqualify the tender.
2.05 FINANCIAL STABILITY OF CONTRACTOR
The Contractor has to establish his f inancial stabil i ty to the satisfaction of the Employer
before executing agreement. If during execution of the work, the Employer is satisfied that the
Contractor has not sufficient f inancial resources to proceed with the work, the Employer has
the right to terminate the contract. In such a case, the provisions under clause „Termination‟
of Contract 3.35 shall apply.
2.06 The work shall commence within 15 days of award of contract. In any case, the date of
commencement shall be reckoned from this date. The period of completion of works shall be
two (2) months from the date of award of contract.
2.07 RETENTION MONEY
From each bil l of the Contractor subject to any adjustment required for retention moneys
recovered earl ier, 10% of the gross amount of the bil l shall be deducted towards retention
money to a total value of the contract value. Such Retention money along with the S ecurity
already furnished, shall form the Security deposit for the proper performance of the contract.
Total amount of such security deposit wil l not be more than 5% of the contract value. All
compensation or other sums of money payable by the contractor u nder the terms of the
contract may be deducted from this security deposit and from any interest arising therefore.
2.08 RELEASE OF SECURITY DEPOSIT AND RETENTION MONEY
Fifty percent of the Security deposit as defined in 2.07,shall be released one month af ter the
completion of the work as recommended by the Architect and the balance fi fty percent less
any money incurred during the Defects Liabil i ty period, one month after the expiry of the
Defects Liabil i ty period, and as decided by the committee.
2.09 RECRUITMENT OF LABOUR AND RATES OF WAGES .
No labourer below the age of 14 years shall be employed on the work. Fair wages , not less
than minimum wages that may be fixed from time to time in accordance with the Law of Act or
Rules applicable to the area, shall be paid by the contractor to all labourers including sub -
contractors and piece-work contractors‟ labourers. The wage rates shall be prominently
displayed in the labour camp and important work -sites in Malayalam and English scripts.
Payment of wages to the labourers shall be made at regular and reasonable intervals and
shall be governed by the Labour Regulations. Proper id entity cards and acquaintance records
for such payments shall be maintained and made available for inspection at any time.
The Contractor must assume all responsibil i ty for the payment of wages and other benefits to
his labourers and employees from time to time, whether minimum wages have been notif ied or
not.
2.10 DATA IN SUPPORT OF RATES
The tenderer shall submit to the Employer, If called for, at any time, data in support of the
rates quoted.
2.11 PAYMENTS FOR L.S. ITEMS
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Measurements for such i tems shall be taken on proportionate basis. For this purpose, the
total quantity of work at site shall be assessed by the Engineer.
2.12 VARIATIONS IN QUANTITY AND EMPLOYER’S RIGHT TO VARY
The quantit ies in the „Bi l l of Quantit ies‟ , are approximate. Besides due to exigency after
receipt to tender, the Employer may carry out the work in a manner different from the
specification. Not with standing such variations, the Contractor‟s rates shall hold up for any
actual quantit ies of the items (of extra items) for compl eting the work.
213 ERRORS OR OMISSIONS NOT TO VITIATE THE CONTRACT
Should any errors, omissions, qualitative, quantitative or of any other nature come to notice
at any time, it shall not vi t iate the contract. All details furnished by the Architect / Cons ultant
have to be done so, with the best of abil i ty and good intentions.
2.14 POWER OF ATTORNEY
The Contractor shall not, without previous sanction in writ ing of the Employer, execute any
Power of Attorney in respect of any matter regarding this contract. The Attorney executed
without such sanction shall not be binding upon the Employer.
It shall be entirely within the discretion of the Employer either to grant such sanction, to
refuse or to revoke a sanction once given.
2.15 COMMUNICATIONS FOR CONDUCT OF CONTRACT WORK
The fol lowing procedure for communication between Employer and Contractor wil l be in force.
i) For day to day operations on technical aspects, arrangement of works, measurements,
instructions in the field, periodical reports etc.
i i) For more important aspects of the contract such as rescheduling of works, defaults/delays,
negligence etc. of contractor, submission of contract certif icates, requests for extra items.
i i i) All bi l ls for payment should be addressed to Employer.
2.16 LABOUR RULES
The Contractor shall be bound by the provisions of Contract Labour (Registration & Abolit ion)
Act 1970 and the Rules framed there under. He shall get himself registered under the Act at
the appropriate time. The Contractor shall implement the provisions of this Act scrupulously.
The Contractor shall also be bound by the Contract Labour Regulations in respect of Wages,
Payment of wages, Fixat ion of wage period, Registers to be maintained by the Contractor,
Display of notice regarding wages, f ines and deductions, maintenance of registers,
submission of returns etc.
2.17 SAFETY CODE
The Contractor is bound to fol low the provisions in these specifications; and, to fol low th e
directions of the Employer to ensure safety. The deemed to be included in the rates agreed
to. All safety rules and regulations introduced from time to time by appropriate authorit ies
shall also be fol lowed at no extra cost.
The guidelines given under, shall be fol lowed and implemented.
2.18 SAFEGUARDS FOR ENVIRONMENTAL PROTECTION
a) The Contractor is bound to fol low the safeguards for environmental protection. The Acts,
Rules and Regulations in this respect introduced from time to time, shall be fol low ed.
b) PRESERVATION OF EXISTING VEGETATION
The Contractor wil l preserve and protect al l existing vegetation such as trees on or
adjacent to the site, which do not unreasonably interfere with the construction as may be
determined by the Employer. The Contractor wil l be held responsible for al l unauthorized
cutting or damaging of trees including damage due to careless operation of equipment,
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stock pil l ing of materials or by any other operations. Care should be taken by the
Contractor in fel l ing trees authorised for removal to avoid any unnecessary dam age to
vegetation, trees, structures etc. in the vicinity. All cutting and removal of trees shall be
authorised by appropriate authorit ies.
2.19 MANAGEMENT OF WORKS
It is Contractor‟s responsibil i ty to manage, including planning, organizing and execution
labour and the entire works to produce the results as contemplated herewith. While the
Employer may also redder assistance in these areas, i t does not take away contractor‟s
responsibil i ty at large.
The Employer‟s responsibil i ty shall be deemed to be l imi ted only to the specific obligations
motioned.
In case, the Contractors is not able to manage the work properly as adjudged by the
Employer, It shall be competent to the Employer to terminate the contract at his risk and cost.
2.20 LAW AND ORDER
The main tenance of “Law and order” is wholly to be looked after by the Contractor. It is the
Contractor‟s responsibil i ty to maintain good relation with the labour and others, and to
maintain discipline of labour at site. Any problem on maintenance of Law and order has to be
dealt with directly by the Contractor. The Contractor shall however keep the Employer
informed of al l developments.
Dispute with the labourers shall be resolved by the Contractor without loss of t ime. If i t can
not be resolved in reasonable time, it shall be referred to the Labour Dept. for concil iation.
Decision taken by the Labour Dept. shall be binding on the Contractor. Any extra cost
involved as a result of concil iation settlement shall be borne by the Contractor.
The Employer‟s obligation is l imited to issue of any required formal letters to concerned
authorit ies.
2.21 NO FOREIGN EXCHANGE WILL BE GIVEN TO THE CONTRACTOR FOR THE WORKS .
2.22 REMOVAL OF CONTRACTOR’S EMPLOYEE OR WORKMAN.
The Contractor shall at the instance of the Employer re move from the work, any workman or
employee in his service, who may be objected to, for any cause.
2.24 POWER TO ADD VARY OR OMIT WORK
No alterations, amendments, omissions, additions, suspensions of variations of the work
(hereinafter referred to VARIATION), under the contract as shown by the contract drawings or
the specifications shall be made by the Contractor himself.
During the execution of works, the Employer has powers to order variations and instruct the
Contractor, and the Contractor is bound to carry out such variations.
When additional technical data or other information become available after commencement of
work (as a result of excavation, further testing, design, studies etc.) , It may be necessary to
change the location, al ignment, dimensions, design etc. on to improve the design. In such
cases, the Employer, reserves the right to make such changes. The Contractor‟s plant shall
be laid out, and his operations shall be conducted so as to accommodate any reasonable
change in the location and design of the work or any art thereof, without additional cost to the
Employer. Should a shift ing of his plant be necessitated, he should carry this at no extra cost.
An item shall be dealt with as an extra item when i t is not expressly provided for in the Bil l of
quantit ies or various in detail or location to any extent from an item therein and is authorised
in writ ing by the Employer / Programme Committee.
In case of schedule rates contracts, i f different rates are quoted for the same specification of
work under identical working condition, at the same site in different appendices of the
schedule, the lowest quoted rate wil l be accepted for the items in all the appendices.
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The quantit ies provided for in the schedule may vary widely and contractor should be
prepared to do any excess over the schedule quantit ies at his quoted rates for the works.
Payment for an authorised extra item shall be made only after a supplemental agreement is
executed by the contractor.
The rate for an authorised extra item wil l be determined on the fol lowing principles.-
i) When there is an identical i tem in the Bil l of quantit ies, the same rate shall apply.
i i) When there is more than one identical i tem with different rates, the lowest rate shall
apply.
i i i ) When there is an analogous item in the Bil l of Quantit ies, varying only in respect of
percentage of ingredients, in the extent of leads or l i fts involved or use of supplies/service or
labour components, an adjustment (providing a Contractor‟s profit ) wil l be made in such item
rate, adding or subtracting the provisions of such variations on the basis of (iv) below.
iv) If the rate for any extra item cannot be determined in the manner specified in sub para
(i) to (i i i), the Contractor shall within 14 days of receipt of t he authorization to do the item
inform the Employer of the rate which he proposes to claim for the item supported by ful l and
clear data for the rate proposed and the Architect shall within three weeks thereafter
recommended to the Employer the rate which is admissible. If the Contractor fai ls to inform
the employer within the stipulated period the rate he propose to claim, the rate shall be
recommended by the Technical committee on the basis of market rates, Rate of such item wil l
f inally be decided.
The employer‟s decis ion regarding classif ication of extra item, determination of rate and the
rate itself, shall be final.
2.25 DEATH, BANKRUPTCY etc.
If the Contractor dies or commits an act of bankruptcy; or i f belong a corporation, commence
to be wound up, except for reconstruction purposes, or carry on its business under Receiver,
the executors, successors or other representatives – in- law of the estate of the Contractor or
any such Receiver, Liquidator or any person, in whom to contract may become vested , shall
forthwith, give notice thereof, in writ ing to the Employer and shall, for one month, during
which time, he shall take all reasonable steps to prevent a stoppage of the works, have the
option of carrying out the contract, subject to his providing su ch guarantees as may be
required by the Employer not exceeding the value of the work remaining unexecuted. In the
event of the stoppage of the works, the period of the option under this clauses, shall be only
fourteen days. Should the above option not be exercised, the contract may be terminated by
the Employer, by notice, in writ ing to the Contractor; and the same power and provisions,
reserved to the Employer, in clause “Termination of contract” shall immediately become
operative.
2.26 LIMITED POSSESSION OF SITE
The Employer wil l provide the right of way to work in the site and for access thereto over
routes established by the Employer. The Contractor wil l be permitted to have l imited use of
such land. The use of site or other lands provided by the Emplo yer shall not be deemed to
give the Contractor any right of exclusive possession of land; but only such permission of use
as shall be necessary to enable him to perform the works effectively as contractor.
2.27 CO-OPERATION WITH OTHER CONTRACTORS
The works shall be carried out at such time as the Employer may approve; and so as not to
interfere unnecessari ly with the conduct of the Employer‟s business. However, the Employer
shall give the Contractor al l reasonable facil i t ies for carrying out the work.
In the execution of the work, no person other than the contractor or his duly appointed
representative, and workmen shall be allowed to do work.
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Nevertheless, the Contractor shall permit the execution of work by the Employer his
representatives, other contractors or tradesmen, whose names shall have been previously
communicated, in writ ing to the contractor by the Employers and afford them every facil i ty for
the execution of their several works simultaneously with his own.
2.28 FINDS ON WORKS
All gold, si lver, oi l , other minerals of any description all precious stones, coins, treasure, rel ic
of antiquity and other similar things which shall be found in or upon the site shall be the
absolute properly of the Government and the contractor shall duly preserve th e same to the
satisfaction of the Employer and shall, f rom time to time, deliver the same to such persons as
the Employer may appoint to receive the same.
2.29 INSPECTION
a) The Employer and Engineer have the right to regularly inspect, examine and test all
materials and workmanship during its manufactures/construction. He has also the right to
reject defective materials and workmanship or require its correction. Rejected
workmanship shall be satisfactori l y replaced with proper materials without charge. The
Contractor shall promptly segregate and remove the rejected materials from the site. If the
Contractor fai ls, the Employer may proceed to recti fy or replace such and charge the cost
thereof to the Contractor. Besides, the Employer has the right to terminate the contract. In
such a case, the provisions under clause “Termination of Contract” shall apply.
b) The Contractor shall furnish promptly al l reasonable facil i t ies labour and materials
necessary for the safe and convenient inspection and tests that may be required by the
Employer. All inspection and tests by the Employer shall be performed in such a manner
as not to unnecessari ly delay the work.
c) The Contractor shall provide such forms, ladders, spi kes, nails l ight and such assistance
as may be required by the Employer in checking l ines and grades. The l ine and grade
stakes and bench marks shall be preserved carefully by the Contractor unti l they have
served their purpose. Works shall be suspended at such points and for such reasonable
time as may be required to check the l ines and grades established by the Contractor. No
additional compensation wil l be paid to the Contractor for required assistance in checking
l ines and grades or for loss of t ime on account of such necessary suspension of work or
otherwise, on account of requirement of this paragraph.
d) Before final acceptance of the entire work, should it be considered necessary to make an
examination of work already completed by removing or tearin g out the same, the
Contractor shall furnish all necessary facil i t ies. If such work is found not conforming to the
specifications, the materials/works shall be replaced/ reconstructed, with all the related
materials/works, also made good, if necessary, at the contractor‟s cost.
e) Inspection of materials and finished articles to be incorporated in the work shall be made
at the place of production, of manufacture. Such inspections shall be final, except as
regards latent defects, departure from specific requirements of the contract, damage or
loss in transit, fraud or such other gross mistakes. Subject to the requirements contained
in the preceding sentence, the inspection of materials and workmanship for f inal
acceptance as a whole of in part shall be made at site. Nothing contained in this
paragraph shall in any way restrict the Employer‟s r ight under any warranty or guarantee.
f) Particularly, in respect of i tems involving use of cement and steel, the Contractor is bound
to take his own independent adequate measures to conform.
i) That the materials received, and there after during storage, and at the time of using,
satisfy the specifications.
i i) That the materials are adequately protected during storage and handling operations so
that their quality and quantity do not deteriorate or diminish.
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i i i ) a) That the respect of concrete and mortar, the mix designs, actual batching
operations, mixing, methods of placements and compaction are such that the
materials would attain the desired strength at 28 days.
b) That the l ines and levels correct and effective measures have been taken and
stabil ized to ensure these are within the l imits of al lowable tolerance, as per codes.
The cement shall bear ISI marks in each packet. Random samples of cement from every
consignment shall be tested to satisfy the quality.
All necessary steps, measures, procedures and records should be maintained and promptly posted up -
to-date to ensure the above. The Contractor is bound to comply with any instructions of the Employer
in respect of materials and works or maintenance of records.
The Contractor shall bear all expenses and make good any deterioration on deficiencies noted in the
materials or replace these materials. The Employer‟s or the Architects/ Consultant‟s instructi ons in
these matters shall be final and the Contractor is bound to comply with these.
If the control cube tests show unacceptable strengths at seven days or i f the l ines and levels are seen
to have deviated beyond acceptable l imits, then the Contractor sha ll dismantle the concrete without
injury to the other parts and reconstruct the same. He shall also tighten the measures of surveil lance
and take pains to determine to avoid similar future deficiencies. The Employer‟s instructions in these
matters shall be final and the Contractor is bound to comply with these.
g) Should the Employer consider that work, although not executed in strict accordance with
the specifications, may be allowed to stand, he is empowered to pay for the same at such
reduced rates as he may fix.
h) The Contractor shall regularly inform the Engineer of the quantit ies of cement and steel
brought to site and the weekly balances. Whenever a fresh consignment is brought to the
store at site, information should be furnished to the Engineer w ithin 24 hours. Every facil i ty
should be given to the Employer or his authorized representative to enter the store and check
the balance of cement and steel available there.
2.30 ENGAGEMENT OF WORKMEN BY CONTRACTOR
a) On signing the agreement, the Contractor should forward a l ist of workmen proposed to be
engaged every day, with their names and full addresses. The Contractor should maintain a
true and complete muster rol l of the workmen showing the details of wages and allowances
paid to each workman. He should maintain all documents as required by Contract Labour
(Regulation and Abolit ion) Act 1970.
b) In the event of an accident, the Contractor should immediately report (in writ ing) the matter
to the Employer, and Labour Commissioner. If the accid ent is a fatal one, the Commissioner
for Workmen‟s Compensation should be intimated the details of the accident, stating whether
he accepts or disclaims the l iabil i ty. In any event, the Employer wil l have the right of with -
holding an amount equal to the probable amount of compensation and pay to the injured
workman or remit to the Commissioner for workmen‟s Compensation.
c) The Employer has the right to deduct from the moneys due to the Contractor any sum
(estimated to be) required for making good the loss suffered by a worker on any reasons of
non-fulf i l lment by the Contractor of the conditions of the contract, non -payment of wages
or unjustif iable deductions made him or non -observance of the Regulations, or his fai lure
to fulf i l l obligations to a worker.
d) The Contractor shall be primari ly l iable for al l payments to be made under and for the
observance of the Regulations aforesaid, without prejudice to the right to claim, indemnity
from his sub-contractors,
e) The regulations aforesaid shall be deemed to be a part of the contract. The Employer may
treat any breach thereof, as a breach of this contract.
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2.31 Competent decisions made by the Employer shall be final and binding on the Contractor. If
required such decisions, together with the reasons for the se, shall be given in writ ing by the
Employer.
2.32 CONTRACTOR’S REPRESENTATIVES AND SUPERVISION
The Contractor shall employ at least one competent representative to supervise the execution
of the work. He shall effectively manage the contract wholly, bei ng empowered to take
decisions himself, deal with any situation arising out of the contract, and to enter into
understanding with the Employer. The said representative shall be available ful l t ime at the
employer may give to the said representative of the Contractor, Shall be deemed to have
been given to the Contractor.
The Employer shall be at l iberty to object to any representative or person employed by the
Contractor in the execution of the works, who shall misconduct himself, be incompetent or
negligent, and the Contractor shall remove the person so objected to, and provide a
competent hand.
The Contractor shall intimate the Employer in writ ing the names and identity of technical
personal proposed to be engaged on the work.
The Contractor shall furnish ful l details of the staff he proposes to employ in the form in
schedule.
2.33 BRIBES, COMMISSION ETC.
Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the
contractor or his partner, agent or servant, representative or agent of the Employer relating to
the obtaining or to the execution of this or any criminal l iabil i ty, which he may incur, subject
the Contracts and to payment of any loss or damages resulting from any such cancellation to
l ike extent as is provided under clause 2 .35 “Time and extension for delay”. The Employer
shall be entit led to deduct the amounts so payable from contractor. Any question of disputes
as to the commission of any offence under the present clause shall be settled by the
employer in such manner and on such evidence or information, as he shall think fi t. Such
decision shall be final and conclusive.
2.34 TIME AND EXTENSION FOR DELAY
The execution of the work shall commence from the 15 t h day after the date of award of the
contract. If the contractor commits default in commencing the work as aforesaid, the employer
shall without prejudice to any other right or remedy be at l iberty to forfeit the Earnest money/
security deposit absolutely.
Within two weeks after the contract is executed, the Employers (committee) and contractor
shall agree upon a time and progress chart, prepared in direct relation to the time of
completion stated in the contract. This programme shall be strictly fol lowed by the Contractor.
If the works are delayed due to excepted risks or for valid reasons beyond the control of the
contractor and accepted by the Employer as such, the Contractor shall give notice to the
Employer in writ ing within seven days of the event and request for an extension solely due to
the delay caused by that event. The Engineer may if he considers it reasonable recommend
an extension of t ime, committee wil l take suitable decision.
2.35 COMPENSATION FOR DELAY
If the Contractor fai ls to complete the works and clear the site on or before t he contract or
extended date (s) period (s) of completion, he shall, without prejudice to any other right or
remedy of the employer on account of such breach, pay as agreed compensation, on account
calculated as stipulated below (or such smaller amount as may be fixed by the Employer on
the contract value of the whole work or on the contract value of the item or group of i tems of
works for which a separate period of completion is given in the Contract and of whole of the
work or the item for which a separate period of completion is given in the Contract and of
period of completion is given in the Contract and of which completion is delayed, for every
week that the whole of the work or the item or group of i tems of work concerned remains
Page 13
uncompleted, even though the contract as a whole be completed by the Contract or extended
date of completion. For this purpose the term „Contract value‟ shall be the value at Contract
rates of the work as ordered including the estimated value of al l deviations ordered;
Completion period (as originally stipulated @ ½% per week or as extended) exceeding 6
months and not exceeding 2 years.
When the delay is not ful l week or in multiples of a week but involves a fraction of a week, the
compensation payable for that inaction shall be proportional to the number of days involved.
Provided always that the total amount of compensation for delay to be paid under this
Condition shall not exceed the under noted percentage of the contract value or of the
Contract value of the item or group of i tems of work for which separate period of completion
is given.
Completion period (as originally stipulated or as extended) - ½ per cent exceeding 6 months
and not exceeding 2 years.
The amount of compensation may be adjusted or set-off against any sum payable to the
contractor under this or any other contract with the employer.
2.36 DEEFECTS LIABILITY PERIOD
The Contractor shall be responsible to make good and remedy at his own expens e within such
period as may be stipulated by the technical committee, any defect which may develop or may
be noticed before the expiry of the period mentioned in Chapter II hereto of which has been
sent to the Contractor within seven days of the expiry of the said period by a letter sent by
hand delivery or by registered post.
2.37 CANCELLATION OF CONTRACT IN FULL OR IN PART
If the Contractor:
(a) at any time makes default in proceedings with due dil igence and continues to do so
after a notice in writ ing of 7 days from the Employer or
(b) Commits default in complying with any of the terms and conditions of the contract
and does not remedy it or take effective steps to remedy it within 7 days after a
notice in writ ing is given to him in the behalf by the e mployer or
(c) Fails to complete the works or i tems of work with individual dates of completion, on
or before the date (s) of completion, and does not complete them within the period
specified in a notice given in writ ing in that behalf by the employer, t he employer
may, without prejudice to any other right or remedy which shall have accrued or shall
accrue thereafter to the employer, by written notice cancel the contract as a whole
or only such items of work in default from the Contract.
The employer shall on such cancellation have powers to:
(a) Take possession of the site and any materials constructional plant, implements,
stores, etc. There on and / or:
(b) Carry out the incomplete work by any means at the risks and cost of the Contractor.
Any excess expenditure incurred or to be incurred by Employer in completion of the works or
part of the works or the excess loss or damages suffered or may be suffered by employer as
aforesaid after al lowing such credit shall be recovered from any moneys due to t he Contractor
on any account.
If the Contractor shall fai l to pay the required sum within the aforesaid period of 30 days, the
Employer shall have the right to sell any or al l of the Contractor‟s unused materials,
constructional plant implements, temporary buildings, etc. and apply the proceeds of sale
thereof towards the satisfaction of any sums due from the Contractor under the contract and if
thereafter there be any balance outstanding from the Contractor, i t shall be recovered in
accordance with the provisions of the Revenue Recovery Act.
Page 14
Any sums in excess of the amount due to the Employer and unsold materials, constructional
plant, etc. shall be returned to the Contractor, provided always that i f cost or anticipated cost
of completion by the Employer of, the works or part of the works or part of the works is less
than the amount which the Contractor would have been paid had he completed the works or
part of the works, such benefit shall not accrue to the Contractor.
2.38 PROGRESS
The Contractor should maintain proportionate progress in the execution at work with the
target date for the work in view. Shortly after the contract is awarded, the Contractor should
furnish a programme of work keeping in view the above target date. The programme should
be got approved and adhered to. The programme shall be submitted in a PERT chart detail ing
the sequence of al l operations from beginning ti l l end of work, and including sequence of al l
major i tems given in the Bil l of Quantit ies.
2.39 REPORTS
It shall be an important and routine function of the Contractor to submit the fol lowing
periodical reports. These shall be in a manner and in form as suggested by the Engineer.
1. Monthly report of work.
2. Monthly report of labourers, staff, and machinery.
2.40 WORK CARRIED OUT AT NIGHT
To achieve the required progress, work may have to be carried out at night also. Wherever
work is carried out at night, adequate l ighting of working areas and access paths should be
provided by the Contractor at his cost.
Sufficient notice should be given by the Contractor to the Employer regarding the details of
works in shifts so that necessary supervision could be provided.
2.41 MODE OF MEASUREMENT
Prior to commencement of work, the Contractor shall carry out the necessary clearan ce for
tree cutting, jungle growth etc. establish and preserve permanent references points and l ines,
so planned and located such that these are readily traceable during and after the tenure of
the contract. The bench marks and reference points should be neatly configured on N.S.
Plates and anchored in it. There after, the area should be accurately leveled using an
ordinary and reliable leveling instrument. The levels for the entire work area are to be
covered by the contract and which are l ikely to be aff ected by the work must be taken on a
grid at generally at end interval in either direction and at points of abrupt change of slope.
The sections should be plotted in section sheet in duplicate. One copy of the plotted sections
and the level f ield book shou ld be submitted to the Employer through the Engineer who shal l
verify and recommend the same for the approval of the Employer. The first bi l l must be
accompanied by the level f ield book and plotted sections. This is a pre -requisite for
acceptance of this b i l l by the cl ient.
Please see 3.01 (a) for knowledge of the status of the Employer. If i t is an organization and
has its own set up with officers, audit wing etc. Besides, the Employer is also responsible to
its sponsoring authority, for uti l ization of funds and have to take sanction of adhoc
committees, wherever necessary. These may take some time for release of payments.
However, in order to mitigate hardship, the Employer shall release adhoc adjustable
advances on presentation of running bil ls, duly rec ommended by the Engineer and such
advances shall be l imited to 75% of quantit ies executed (subject to the quantity in the Bil l of
Quantit ies) in the case of i tems covered in the contract schedule.
In the case of quantit ies in excess of those in Bil l of quantit ies or extra items already
approved by the Employer in respect of rates quantity and amount, the amount of such
advance wil l be l imited to 50% only.
Page 15
Such advance shall be adjusted when the interim certif icate is passed. Such advances shall
discontinue when the gross value of the work actually done becomes equal to the value of the
contract.
Ad hoc advances shall normally so paid within four working days of receipt of interim bil l by
the Employer. Interim certif icate shall normally be issued between 2 0 to 45 calendar days of
presentation.
In any case, no interest or other compensation wil l be entertained.
The final contract certif icate shall normally be paid within three months of receipt by the
Employer, but subject to all clarif ications by Contractors/ Engineer of al l i ts comments and
queries.
2.42 BILLING – MODE & PROCEDURE – AND PAYMENTS
a) Payment wil l be made for i tems „completed in every respect of works done at the
rates specified in the‟ Bil l of Quantit ies”.
b) No advance or part -payments for incomplete works, of for the supply of materials wil l
be made.
c) No work wil l be paid for unless thoroughly good and ful ly in accordance with the
specifications. Due to inadvertence bad work be passed and paid for, i t wil l
nevertheless be perfectly competent for the Employer to strike the same out of the
account at any future time and record the value at any date previous to or at the
time of granting the final certif icate.
d) The gross value of each bil l should not be less than Rs. 75,000/-
e) Interim contract certif icates are subject to any later adjustments that may be deemed
necessary at the discretion of the Employer; and shall not create a l iabil i ty to him to
pay for variations of work not specifically accepted by him.
f) If any amount which by virtue of this contract may be due to the Contractor be not
claimed for payment within three months from the date on which it fal ls due, the
same wil l be placed in deposit account and if the amount so placed remains
unclaimed for 3 years thereafter the Contractor or others to whom it may legally the
due wil l forfeit the same which wil l be finally credited to the Employer.
g) No certif icate of the Employer for any sum paid shall effect or prejudice the rights
against the Contractor or release him of h is contractual obligations or be interpreted
as approval of the materials supplied, or works done.
h) The procedure for preparation and submission of contract certif icates etc. give below
applies.
2.43 CONTRACT CERTIFICATES
When the contractor has carried out works to such extent to justify call ing for an interim
contract certif icate, as per the provisions of the contract, he shall prepare the bil l and submit
for payment.
Measurements shall be taken jointly by the contractor and the site engineer and re corded in
the M. Books. Measurements shall be signed and dated by both parties each day on the site
on completion of measurements.
All papers should carry the name of work, the date of measurement recording, the contract
No. chronological serial No. of the bil ls, and the name of the contractor. Page numbers
should be serial ly marked.
2.44 TIME LIMIT FOR CLAIMS
Every claim to which the Contractor is entit led to, must be taken up with the Employer
properly and without delay, and in any case within 90 days o f the date of commencement of a
work/service rendered, or order for material to be supplied.
Page 16
2.45 DRAWINGS
The drawings which from part of these specifications show the work to be done under these
specifications as definitely and in as much detail as is p ossible at the present stage of the
Development of the design. These drawings wil l be supplemented or superseded as the work
progress by such additional, general, revised and detailed drawings, as may be considered
necessary or desirable by the Employer, Such drawings wil l show dimensions and details
necessary for construction purpose more completely than are shown on the attached
drawings. The Contractor shall check all drawings carefully and inform the Engineer if any
errors or omissions be discovered for advice. The Contractor shall not take advantage of such
errors or omissions. Drawings including latest issues of revised drawings shall be given to the
contractor in duplicate sets. Should be require more copies, he shall get the copies from the
Engineer. It shall be understood that al l drawings, designs and other documents handed over
to the Contractor are bona fide on the contract works only. These should not be disclosed to
others, or used for purposes or copied in any manner.
In order that the required drawings are made available to the Contractor in proper t ime to
enable him to take up the various works, from time to time the Contractor is requested to
prepare a chart indicating therein the dates when each drawing is required and when the work
according to that is planned to be taken up by him. The lead time involved in determining the
quantit ies of various items and procuring these should also be taken into account by the
Contractor in the preparation of this chart. Should there be a rescheduling of the programme
then these charts should also be revised and sent to the Employer.
2.46 WORKS TO BE CARRIED OUT TO THE ENTIRE SATISFACTION OF THE EMPLOYER
The entire works entrusted to him together with any temporary works associate therewith,
shall be carried out in the most substantial, proper and workman l ike manner with the best
materials and workmanship, and to the entire satisfaction of the Employer and in such manner
and mode of execution and order of t ime as he may direct. The Contractor shall attend to and
execute without delay, al l orders and instructions which may from time to time be issued by
the Engineer. When the works or their appurtenants foul with the arrangements of other units
of work not covered by these specifications, working methods shall be discussed with the
Employer and his prior concurrence obtained.
2.47 EXECUTION OF WORKS IN COMMUNITY CONTRACT DEOUMENTS
The entire works entrusted to the Contractor shall be executed in perfect conformity with the
contract documents, and such explanatory and detailed drawings and directions as may be
furnished from time to time by the Employer. Should there be variations, the procedure shall
be determined by the Employer.
2.48 CONTRACT INCLUDES ALL NECESSARY OPERATIONS
The contract is for the entire works, necessary for the permanents, stable, efficient and
highest quality structure, though individual i tems in the Bil l of Quantit ies are paid for. Th e
rates shall be for the finished items to form part of the whole work without any missing item of
work / service or material. It shall include all auxi l iary items direct or indirect, temporary or
permanent, performance of al l operations etc. to complete t he works in t ime, in every detail
and according to specifications including incidentals, overheads, chargeable expenses,
whether these are described specifically in the documents or not.
Cost of labour, materials, plant and machinery (including operation , maintenance, repair,
hiring, replacement etc.) supervision, transport, preparation of designs, drawings,
consultations etc. of al l services, planning, scheduling, re -scheduling, surveying, f ixing
survey points (temporary, permanent, Bench marks, triangulation points etc.) al l taxes
involved, compliance with all statutory and customary regulations and practices whether in
force as on date or to be introduced from time to time, carrying out of necessary tests
submission of samples, production of tes t certif icates, production of I.T. Agricultural I.T.,
clearance certif icates, payment of electricity charges, surcharge, duty, tax of any nature
(such as Octori tol l tax etc. inspection fee, water charges, workmen‟s compensation,
seignorage (for stone, wa ter charges, workmen‟s compensation, seignorage (for stone, sand
Page 17
earth etc.) royalty, procurement of necessary l icense, employment of necessary and
competent people, storage of materials, insurance to men, machinery -own and third party,
payments of al l incentive to labour and staff, such as bonus and such other incidentals
dismantl ing and reconstruction of defective works, replacement of defective materials, clean
up etc.
2.49 THE CONTRACTOR TO SUPPLY AND BE RESPONSIBLE FOR THE SUFFICIENCY OF THE
MEANS EMPLOYED
The Contractor must take upon himself the entire responsibil i ty for the sufficiency of
scaffolding, t inkering, machinery, tools or implements, and generally of al l the means
including labour, materials, etc. used for the fulf i l lment of this contract, whether such means
may or may not be approved or recommended by the Employer the Contractor must accept al l
risks in the execution of work including risks of accidents, or damages, from whatsoever
cause they may arise, unt i l the completion of this contra ct.
2.50 FENCING AND LIGHTING
Except as hereinafter provided the Contractor shall unless otherwise specified, be
responsible for the proper fencing, guarding, l ighting and watching of al l works comprised in
the contract and for the proper provision of tem porary roadway, footways, guards and fences
as far as the same may be rendered necessary by reasons of the work for the accommodation
and protection of foot passengers or other traffic and of the owners and occupants of
adjacent property and of the public.
2.51 LIABILITY FOR DAMAGE TO WORKS OR PLANT
The Contractor shall during the progress of the work properly cover up and protect the work
and plant from injury by exposure to the weather, natural calamities such a flood, rain and by
any other causes and shall take every reasonable, proper, t imely and useful precaution
against accident or injury to the same from any cause and shall be and remain answerable
and l iable for al l accidents or injuries thereto which may arise or be occasioned by the acts of
omissions of the contractor or his supervisory staff or his workmen or his sub contractors, and
all losses and damages to the works or plant arising from such accidents or injuries as
aforesaid shall be made good in the most complete and substantial manner by an d at the sole
cost of the Contractor and to the reasonable satisfaction of the Employer. Should any such
loss or damage happen to units of works or plant or material fal l ing outside the scope of this
contract, even these shall be replaced or compensated fo r by the Contractor to the
satisfaction of the Employer.
Unti l the work shall be or deemed to be taken over, the Contractor shall be l iable for, and
shall indemnify the Employer in respect of al l damage or injury to any person or to any
properly of the Employer or others occasioned by the act of the Contractor or members of his
organization including his workmen or his sub contractors or piece work contractors or by
defective work or material , but not to cause completely beyond his control.
2.52 MATERIALS, WORKMANSHIP ETC.
The work shall be executed in a thoroughly substantial manner with materials and
workmanship of the best quality and strictly in accordance with the specification, and with the
drawings or with such other drawings or written instructions as may from time to time be
furnished to the Contractor in accordance with the terms of this contract and shall be
completed in every respect with all materials and workmanship implied and necessary
according to the fair interpretation and meaning of the same, and should there be any
discrepancy between the drawing and specifications, or any difference or dispute as to the
dimensions to be worked to or the quality of the materials to be used, or the mode of doing or
periodical quantity of the work to be e xecuted or with respect to any subject arising out of this
contract, the decision of the Employer shall be final and binding on the Contractor.
2.53 MATERIALS TO BE FURNISHED BY THE CONTRACTOR
Page 18
1. The Contractor shall furnish all materials required for car rying out the works except those
specifically provided for to be supplied by the Employer.
2. All materials to be used on works shall be new and shall conform to the Indian standard
specifications. Where the requirements for any material are not stated in these
specifications, the material shall conform to the appropriate and most recent Indian
Standard Specifications or such other specification as the Employer may approve. The
employer has the right to assess through approved laboratory for quality testing and non
conformity shall entail rejection of such materials.
3. When furnishing of any material is mentioned in the Bil l of quantit ies, in quoting the rate,
the cost of furnishing, hauling, storing and handling of such materials shall also be
included in the price tendered for.
4. While quoting for work in Bil l of Quantit ies wherein separate mention has not been made
about furnishing, etc. the rate shall include the cost of al l materials including the cost of
hauling, storing, handlings etc. Standard practices in regarding to handl ing, transport,
storage etc. shall be fol lowed by the Contractor.
5. The Contractor shall make dil igent efforts to procure the specified materials, but where,
because of proprietary or other causes, materials required by these specifications are not
available, substitute materials may be used, but no substitute material shall be used
without prior written approval of the Employer/Engineer and the written approval wil l state
the amount of price adjustment, i f any, to be made. The decision of the Employer as to
whether substitution shall be permitted and as to what substitute materials may be used
shall be final and conclusive. Where the amount involved or the importance of the
substitution warrants an order for variation, the same wil l be issued, otherwise pa yments
to the Contractor wil l be adjusted on the basis of prices stated in the written approval.
6. Materials and equipment furnished by the Contractor which wil l become part of the
completed works shall be subject to inspection, examination and test. To allow sufficient
t ime to provide for inspection, examination and testing, the Contractor shall submit to the
Employer at the time of issue, copies in duplicate of al l orders including drawings and
other pertinent information covering the materials and equi pment to be inspected,
examined and tested or shall submit other evidence in the event of such orders being
issued verbally or by letter. The inspection, examination and testing of material and
equipment or the waiving of inspection, examination and testing thereof shall in no way
relieve the Contractor of the responsibil i ty for furnishing materials and equipment meeting
the requirements of these specifications.
2.54 WEIGHTS OF MATERIALS
The weight of materials, the furnishing, installing, handling or plac ing of which is involved in
the items of works wil l be determined by the Engineer/Employer. The weights given in the Bil l
of quantit ies are estimated only, and the actual weights may vary. The Contractor wil l provide
accurate scales for weighing all of the materials to determine actual usage for purpose of
measurement for payment.
2.55 PATENTS AND/OR COPY RIGHTS
The Contractor shall hold and save the Employer, i ts officers, agents, servants and
employees harmless from liabil i ty of any nature or kind, including costs and expenses for or
on account of any copy righted or un copy righted composition, secret process, patented or
unpatented invention, articles or appliance, manufactured or used in performance of this
contract, including their use by the Emp loyer unless otherwise specifically stipulated in this
Contract. Any patented invention the use of which by these specifications is required or
permitted in the alternative to be used and which the Employer has the right to use royally fee
shall be available to the Contractor without the payment of royalty.
Page 19
It should be understood that al l drawings, design and other documents handed over to the
Contractor are for bona fide use of the contract works only. These should not be disclosed to
others, or used for other purposes or copies in any other work.
2.56 SUSPENSION OF WORKS ON ACCOUNT OF CLIMATIC CONDITIONS
The Employer may order the Contractor to suspend any work that may be subject to damage
by cl imatic or weather conditions. The Contractor shall have no claim or compensation for
loss on this account. Any event of stoppage of work should immediately by bring to the notice
of the Employer and the reason for such stoppage should be explained by the Contractor.
No claims or extra works/expenditure necessitated due to stoppage due to the fault of the
contractor wil l be entertained. On the other hand the loss/damage to the Employer caused by
stoppage not justif ied according to the Employer shall be realized from the Contractor.
2.57 CONTRACTOR TO HAVE AN OFFICE AT SITE
The Contractor shall have an office near the works where notice of directions and instructions
from the Employer may be served. The Contractor shall have during all working hours on all
working days an authorized person present in this office who shall receive such notice on
behalf of the Contractor. All records under his maintenance must be available for inspection
by the Employer.
2.58 TEMPORARY CONSTRUCTIONS BY CONTRACTOR OTHER THAN ACCOMMODATION FOR
STAFF/LABOURERS
The Employer wil l point out necessary site, free of hire to the Contractor to put up sheds
(other than for residential accommodation) stores, work sheds, office etc. The sheds required
should be put up by the Contractor and removed on completion of the job and the site handed
over back in a neat and tidy manner. No payment wil l be made for cleaning, leveling and yard
drainage etc. done at the site. The Contractor is bound to maintain the sheds and premises in
a hygienic manner and should arrange for such sanitary measures as are required by the
Employer. The cost of providing sheds and maintaining and dismantl ing the same wil l not be
paid for but presumed as included in the rate for the works. The Contractor shall arrang e for
any accommodation for staff, labour and others separately outside the site or premises.
2.59 TITLES OF CLASSES
The ti t les of clauses do not form part of the same and shall not affect their legal constitution.
2.60 JURISDICTION
This contract shall be governed by the laws of government of India and Kerala for the time
being in force and be subjected to the jurisdiction of the courts in Tiruvalla.
2.61 MIS-USE OF MATERIALS
All materials arranged for bona fide use on works including auxil iary works should not be
misused in any manner. I f any misuse or waste through negligence by the Contractor comes
to l ight, the Contractor is l iable to pay penalty as decided by the Employer.
2.62 INTERFERENCE WITH OTHER WORKS AND SAFETY OF THE PUBLIC
All access to work-site and areas other than those specifically agreed to be constructed, by
the Employer shall be provided by the Contractor at his own expenses. The Employer
assumes no responsibil i ty for the condition of roads and structures thereon that may be used
by the Contractor in performing the work under these specifications o r in travell ing to and fro
the site of the work. No payment wil l be made to the contractor by the Employer for any work
done in constructing, improving, repairing or main taining any road or structure thereon. All
roads subject to interference by work shall be kept open or suitable detours shall be provided
by the Contractor.
During the period of t ime covered by this contract the Employer and others may be engaged
in other construction work in the vicinity of the work covered by these specifications. The
Contractor shall arrange and prosecute the work under these specifications so as not to
Page 20
interfere with other works. The Contractor shall provide, erect and maintain all nec essary
barricades, suitable and sufficient red l ights danger signals and signs and shall take all
necessary precautions for the protection of the work and the safety to the public. Roads
closed to traffic shall be protected by effective barricades on which shall be placed
acceptable warning and detour signs. All barricades and obstructions shall be i l luminated t
night and all l ights shall be kept i t from sunset to sunrise.
Page 21
3. THE TENDER AFFIRMATION
Name of work :
Modification and maintenance work at primary processing hub for jack fruit for strengthening packaging and storage facility.
TENDER NO : 2/2018
To
The Senior Scientist and Head,
ICAR-Krishi Vigyan Kendra,
CARD, Kolabhagom P.O,
Thadiyoor,
Thiruvalla .- 698 545
Sir,
1. Having examined carefully the tender together with the conditions of contract, specifications,
schedules, drawings and other documents and having inspected the site and satisfied myself/
ourselves about the site condition including the present status. I/We hereby offer to carry out the
work described in the said specifications, drawings etc. at rates quoted in Bil l of Quantit ies in
these presents totaling to Rs. .................. ...(Rupees ..................... ...
................ ........... .......... ..... ........... ........... .......... ................ ........... .......... ................ ........... ..
.............. )
2. I/We hereby undertake to plan organize execute and complete the whole of the works entrusted
to me/us strictly according to these conditions of contract and the specifications if the work is
awarded to me/ us or in default to forfeit and pay to the Employer the amount mentioned the said
conditions.
3. The particular, we understand that TIME IS THE ESSENCE OF THIS CONTRACT and I/we agree
to complete the entire work within a period of.... . .........months from the date of award of the
contract.
4. If the work is awarded to me/us, I/We also undertake to remit the Security Deposit and execute
the agreement within . ..... ....days.
5. I am/We are enclosing.................... .....as proof of having deposited an amount of Rs...............
(Rupees ........... ........... .. ................ ........... .......... ................ ........... ......) as Earnest Money
Deposit. (Please give number, date & name of office in the case of cash and number, date, name
and address of Bank in the case of other negotiable instrument.
6. I/We undertake to carryout such deviations as may be ordered, to co -operate and make
necessary adjustments in my /our works regarding phas ing and completion of the works and to
abide by your instructions in the conduct of my/our works.
7. I/We agree to be governed by the various terms and conditions mentioned in these presents, on
award of the work and continuously thereafter unti l our obligations are fulf i l led.
CONTRACTOR
8. Our Bankers are
1. Name
Page 22
Address
2. Name
Address
3. Name
Address
9. The name address of the partners of our f irm are
1. Name
Address
2. Name
Address
3. Name
Address
Signature & Address of Tenderer
Station :
Date :
Page 23
4. CONTRACT AGREEMENT
ARTICLES OF AGREEMENT made at Thiruvalla on this the ………………….day of………………….. , Two
Thousand Thirteen BETWEEN Senior Scientist and Head, ICAR-Krishi Vigyan Kendra (hereinafter
referred to as „ ICAR-KVK‟ which expression shall unless excluded or repugnant to the context be
deemed to include its successors and assigns) of the one part, AND Mr………………………… ,
Contractor carrying on business at …………………….. (Hereinafter referred to as the “Contractor‟ which
expression shall unless excluded or repugnant to the context be deemed to include his heirs,
executors, administrators, representatives and assigns) of the other part:
WHEREAS
1. CARD-KVK is desirous of doing “MODIFICATION AND MAINTENANCE WORK AT PRIMARY
PROCESSING HUB FOR JACK FRUIT FOR STRENGTHENING PACKAGING AND STORAGE
FACILITY.” at KVK Campus , at Krishi Vigyan Kendra, Kolabhagom P.O. and has caused
drawings and specifications, scheduled of quanti t ies descr ibing the works to be done by the
Engineer, ICAR-KVK, CARD.
2. The Contractor in his tender dated ……………..and negotiation dated ………………. , has agreed
to execute the said construction work as per the said drawing specifications and the schedule of
quantit ies rates and subject to the conditions set forth in the Special conditions in the Conditions
of contract (al l of which are collectively hereinafter referred to as “the said conditions”). The said
drawings, specifications, schedule of quantit ies, special condi tions and conditions of contract
have been perused examined and accepted by the Contractor.
3. The Contractor has deposited a sum of Rs…………….. / -(……………………………. ) with the
Employer as security deposit for performance of this agreement.
Page 24
NOW IT IS HEREBY MUTUALLY AGREED AND DECLARED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS
1. The Contractor hereby agrees and undertakes to execute and complete the said work shown in
the said drawings and such further detailed drawing as may be furnished to it by ICAR-KVK,
CARD and described in the said specifications and the said schedule of quantit ies upon and
subject to the said conditions.
2. ICAR-KVK, CARD shall for the said construction work, pay to the Contractor such sums as shall
become payable at the time and in the manner specified in the said conditions.
3. The said tender and all ied documents, drawings, specifications, priced schedule of quantit ies,
agreement and documents above mentioned shall form the basis of this contract and the
decision of ICAR-KVK, CARD as mentioned in the Conditions of contract with reference to all
matters of dispute as to materials, workmanship or account and as to the interpretation of the
clauses of this agreement or the said conditions shall be final and binding on both the parties .
4. The contract herein contained comprises the construction work above mentioned and all
subsidiary works connected therewith within the same site as may be ordered to be done from
time to time by ICAR-KVK, CARD even though such works may not be shown on the said
drawings or described in the said specifications or the schedule of quantit ies. The Contractor
hereby agrees and undertakes to do and perform all such works in a thorough and workmanlike
manner with best materials and within the time l imit herein mentioned.
5. ICAR-KVK, CARD reserves to himself the right to alter the drawings and nature of the work and
of adding or omitt ing any item of work or of having portions of the same carried out
departmentally or otherwise and such alternations of variation s shall be carried out without
prejudice to this contract.
6. The said conditions shall be read and construed as forming part of this agreement and the
parties hereto wil l respectively abide by and submit themselves to the conditions and
stipulations and perform the agreements on their parts respectively in such conditions contained.
It wil l be the entire responsibil i ty of the Contractor to procure all building materials required for
the said construction work. ICAR-KVK, CARD shall not be called upon not be l iable to supply and
procure or do any other act for procurement of steel or cement or other building material
required for the said construction work.
7. The Contractor shall complete the said work within 6 (Six) months from the date of
commencement of work as per the work order given by ICAR-KVK,CARD and wil l remove from
the site all plants, scaffoldings, materials in use, rubbish and leave the work site clean within the
aforesaid period.
8 All disputes arising out of or in any way connected with this agreement shall be deemed to have
arisen in KVK, Kolabhagom P.O. and only the Courts in Thiruvalla shall have jurisdiction to
determine the same.
9. The parts of this contract have been read and ful ly under stood by us.
10. The work order issued by the Employer to the Contractor shall be treated as part of this
agreement.
SENIOR SCIENTIST AND HEAD Contractor
IN WITNESS WHEREOF THE PARTIES hereto have set their respective hands on the day, month
and year above written.
Signed and delivered by Senior Scientist and Head, ICAR-KVK, CARD.
Page 25
In the presence of witnesses:
1.
2.
Signed and delivered by the Contractor
in the presence of witnesses
1.
2.
Page 26
5. IMPORTANT DETAILS OF THE CONTRACT
1
Name of work :
Modification and maintenance work at
primary processing hub for jack fruit for
strengthening packaging and storage
facility
2 Location of work :
At ICAR-Krishi Vigyan Kendra KVK ,
CARD, Campus Kolabhagom P.O,
Thadiyoor , Thiruvalla -689 545
3 Name and address of
Employer :
Senior Scientist and Head,
ICAR- Krishi Vigyan Kenrda
CARD,Kolabhagom P.O.
Thadiyoor
4 Name and address of
Contractor :
5 Date of award of Contract :
6 Contract No. & Date :
7 Nature of Contract : Item wise rate
8 Date of commencement : ..........days after award of contract
9 Date of completion : 2 Months
10 Defects Liability period : 6 Months
11 Security Deposit : 5% of PAC including E.M.D
12 Income Tax : As per Government rules (value of each
bill to be deducted at source)
Place:
Date: CONTRACTOR