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.

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

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

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

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.

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

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,

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.

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.

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.

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.

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

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.

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.

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.

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

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

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.

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

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.

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

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 :

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.

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.

In the presence of witnesses:

1.

2.

Signed and delivered by the Contractor

in the presence of witnesses

1.

2.

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