Tender dated___________
H.S.A.M.B.Form W 4
The Haryana State Agricultural Marketing Board
(ENGINEERING WING)
Name of the Contractor__________________________
Name of work______________
Head Clerk______________________
District Division
Sub Division
Divisional Accountant
Scrutinized
PERCENTAGE RATE TENDER AND CONTRACT FOR WORK
Executive Engineer
GENERAL RULES AND DIRECTIONS FOR
THE GUIDANCE OF CONTRACTORS
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1. All work proposed for execution
by contract will be notified in a form of invitation to tender
pasted on a board hung up in the office of and signed by the
Engineer-in-Charge. Construction Office, H.S.A.M.B. This form
will state the work to be carried out, as well as the date
for submitting and opening tenders, and the time allowed for
carrying out the work, also the amount of earnest money to
be deposited with tenderers, and the amount of security to
be deposited by the successful tenderer and the percentage,
if any to be deducted from bills. Copies of all specifications,
designs and drawings and schedule rates and any other documents
required in connection with work, signed for the purpose of
other documents, required in connection with the work, signed
for the purpose of other documents required in connection
with the work, signed for the purpose of identification by
the Executive Engineer, shall also be open for inspection
by the contractor at the office of Executive Engineer during
office hours.
2. In the event of the tender being submitted by a firm, it
must be signed separately by each member thereof, or in the
event of the absence of any partner, it must be signed on
his behalf by a person holding a power of attorney authorizing
him to do so.
3. Any person who submits a tender shall
fill up the usual printed form, stating at how much percent
above or below the rates specified in Rule 1 he is willing
to undertake the work. Only one rate of percentage more or
than all the Schedule or rates shall be named. Tenders not
accompanied by Earnest money and which propose and alternation
in the work specified in the said form of invitation to tender,
or in time allowed for carrying out the work or which contain
any other condition of any sort requiring clarification will
be rejected. No single tender shall include more than one
works but contractors who wish to tender for two or more works
shall submit separate tender for each. Tender shall have the
name and number of the work to which they refer out written
outside the envelope.
4. The Executive Engineer or his duly authorized
Assistant will open tenders in the presence of any intending
contractors or their authorized agents who may be present
at the time and will enter the amount of the several tenders
in a Comparative Statement in suitable form. In the events
or a tender being accepted a receipt for the earnest money
forwarded therewith shall thereupon be given to the contractor
who shall there upon for purpose of the event of a tender
being rejected the earnest money forward with such unaccepted
tender shall there upon be returned to the contractor making
the same.
5. The Competent Authority to sanction the rates shall have
the right of rejecting all of or any of the tenders without
assigning any reason.
6. The Disbursing Officer may refuse or suspend payments on
accounts of a work when executed by a firm or by contractors
described in their tender as a firm unless receipts are signed
by all the partners, or one of the partner, or some other
person produce written authority enabling him to give effectual
receptions on behalf of the firm.
7. The receipt of money paid by the contractor
to an Accountant or Clerk will not be considered as true acknowledgement
of payments to the Executive Engineer and the contractor shall
be responsible for seeing that he procures a receipt signed
by the Executive Engineer
8. The memorandum of work tendered and the memorandum of materials
to be supplied by the Board and their issue rates shall be
filled in and completed in the office of the Executive Engineer
before the tender form is issued.
I/We hereby tender for the
Haryana State Agricultural Marketing Board here-in-after referred
to as Board of the works specified in the under written memorandum
within the specified in such memorandum at*
Percent below/above the rates entered in
the schedule of rates mentioned in Rule 1 and in accordance
in all respects with the specifications, drawing and instructions
writing referred to in Rule. I hereof and in clause II of
the annexed conditions, and with such material as are provided
for an by in all other respects in accordance with the such
conditions so far as applicable.
(a) General description … …
--- (a) If several sub-workers
(b) Estimated cost … … --- Rs.
(c)Earnest money … … Rs.
(d) Percentage, if any, to be deducted from
billl Rupees
as Rs. Rupees Security percent
(e) Time allowed for the work from the date
months of written
order to commence. Months
Should this tender be accepted I/We hereby
agree to abide by and fulfill all the terms and provisions
of the said conditions of contract annexed hereto so far as
applicable on in default hereto forfeit and pay to the Board
or its successor in office, the sum of money mentioned in
the said conditions.
The sum of Rs. is herewith forwarded in
call deposit Receipt as earnest money the full value of which
is to be absolutely forfeited by the Board or its successors
in office, without prejudice to any other rights or remedies
of the said Board, or its successors in office, should I/We
fail to commence the works specified in the above memorandum,
(the said such of Rs. Shall/retained by the Board on account
of the security deposit some specified in clause of the said
conditions of contract).
Dated the Day of 2000
Witness
Address
Occupation
The above tender is hereby accepted by me on behalf of the
Board.
Dated the Day of 19
Clause 1-- The person/persons whose tender
may be accepted here-in-after called the contractor, shall
permit Board at the time of making any payments to him for
work done under the contract to deduct such sum as (with the
earnest money deposited by him) two percent of all money payable
as such deductions to be held by board by way of security
the terms of this contract may be deducted from his security
deposit from, any account whatsoever, and in the event of
his security deposit being reduced by reason of any such deduction
the contractor shall with in ten days thereafter make good
in cash or Government security endorsed as aforesaid any sum
or sums which may have been deducted from his security deposit
or any part thereof.
Clause 2.-The time allowed
for carrying out the works as entered in the tender shall
be strictly observed by the contractor and shall be reckoned
from the date on which the order to commence work is given
to the contractor. The works shall through the stipulated
period of the contract be proceeded with all due diligence
time deemed to be the essence of the contract on the part
of the contractor and the contractor shall pay as compensation
an amount equal to one percent or such smaller amount as the
(Executive Engineer) may decide whose decision in writing
shall be final on the amount of the estimated cost of the
whole work as shown by the tendered for every day that the
work remain un-commenced, or unfinished after the proper dates.
And further to ensure good progress during the execution of
the work the contractor shall be bound in all cases in which
the time allowed for any work exceeds one month to complete
one fourth of the whole of work before one fourth of the hole
time allowed under the contract has elapsed on half of the
work, before one half of such time has elapsed and three fourth
or with before three fourth of such time has elapsed. In the
event of the contractor failing to comply with this condition
he shall be liable to pay as compensation an amount equal
to one percent such smaller amount as the S.E. (whose decision
in writing be final) may decide on the said estimated cost
of the whole work for every day that due quantity of work
remains incomplete. Provided always that the entire amount
of compensation to be paid under the provisions of this clause
shall not exceed ten percent of the estimated cost of the
work as shown in the tender.
Clause 3 –In any case in which under
any clause or clauses of this this contract the contractor
shall have rendered himself liable to pay compensation. Executive
Engineer on behalf of Board shall have power to adopt any
of the following course, as he deem best suited to the interest
of Board:-
Provided that an appeal against action taken buy E.E. shall
be with S.E. whose decision in writing shall be final.
(a) To rescind the contract (of which rescission notice in
writing to the contractor under the hand of the Executive
Engineer shall be conclusive evidence) and in which case the
security deposit of the contractor shall stand forfeited,
and be absolutely at the disposal of Board.
(b) To employ labour paid by the Board and
to supply materials to carry out the work, or any part of
the work, debiting the contractor with the cost of the labour
and the price of the materials of the amount of which cost
and price certificate of the Executive Engineer shall be final
and conclusive against the contractor and crediting him with
the value of the work done in all respect in the same manner
and at the same rates as if it had been carried out by the
contractor under the terms of his contract, the certificate
of the Executive Engineer as to the value of the work done
shall be final and conclusive against the contractor.
(c) To measure up the work of the contractor,
and to take such part thereof as shall be unexecuted out of
his hands, and to give it to another contractor to complete,
in case any expenses which may be incurred in excess of the
sum which would have been paid to the original contractor,
if the whole work had been executed by him (of the amount
of which excess the certificate in writing of the Executive
Engineer shall be final and conclusive) shall be borne and
paid by the original contractor and may be deducted from any
money due to him by Board under the contract or otherwise
or from his security deposit, proceed of the sale of material
belonging to the contractor to a sufficient rate thereof.
In the event of any of the above course being adopted by the
Executive Engineer the contractor shall have no claim to compensation
for any loss sustained by him by reason of his having purchased
or procured any materials, or entered into any engagements,
or made any advances on account of, or with a view to the
execution of the work or the performance of the contract.
And in case the contract shall be rescind under the provision
aforesaid, the contractor shall not be entitled to recover
or be paid any some for any work there to for actual performance
under this contract, unless and until the Executive Engineer
will have certified in writing the performance of such work
and the value payable in respect thereof, and he shall only
be entitled to pay the value so certified.
Clause 4 - In the case
in which any if the power, conferred upon the Executive Engineer/S.E.
by clause 3 hereof, shall have become exercisable and the
same not be exercised the non-exercise thereof shall not constitute
a waiver of any of the condition hereof and such power not
withstanding be exercisable in the event of any future case
of default by the contractor for which by any clause or clauses
hereof he is declared liable to pay compensation amounting
to the whole of his security deposit and the liability of
the contractor for past and future compensation shall remain
unaffected. In the event of Executive Engineer putting in
force any of the power(s) to © vested to him under the
proceeding clause he may if he so desires, take possession
of all or any tools, plants material and stores, in or upon
the works or the site there of belonging to the contractor
or procured by him and intended to be used for the execution
of work or any part thereof being applicable at current market
rates to be certified by the Executive Engineer may be noticed
in writing to the contractor or his clerk of the works, foreman
or other authorized agency require to remove such tools, plants,
materials or stores form the premises within to be specified.
In such notice and in the event of the contractor failing
to comply with any such requisition, the Executive Engineer
may remove them at the contractor's expense or sell them by
auction or private sale on account of the contractor at his
risk in all respect, and the certificate of the Executive
Engineer as to the expense or any such removal and the amount
of the proceeds and expense of any such sale shall be final
and conclusive against the contractor.
Clause 5 - If the contractor
shall desire an extension of the time for completion of the
work on the grounds of his having been unavoidably kindered
in its execution or any other ground, he shall apply in writing
to the Superintending Engineer through the Executive Engineer
within 30 days of the date of the hindrance on account of
which he desires such extension as aforesaid but before the
expiry of time limit the Superintending Engineer/Executive
Engineer shall, if in his opinion (which shall be final) reasonable
grounds, exits, authorize such extension of time, if any,
as may, in his opinion, be necessary or proper, without prejudice
to any action taken under clause 2.
Clause 5A The contractor shall deliver in
the office of the Executive Engineer on or before the 10th
day of every month during the continuance of the work covered
by this contract a return showing details of any work claimed
for as extra, and such return shall also contain the value
of such work as claimed by the contractor, which value shall
be based upon the rates and prices return mentioned in the
contract. The contractor shall include in such monthly return
particulars of claims of whatever kind and however, arising
which at the date thereof he has or may claim to have against
the Executive Engineer under or in respect, or in any manner
arising out of the execution of work, and the contractor shall
be deemed to have waived all claims not included in such return
and will have no right to enforce and such claims not so included
whatsoever be the circumstances.
Clause 6 Without prejudice to the rights
of Board under any clause hereinafter contained on completion
of the work, the contractor shall be furnished with a certificate
by the Executive Engineer thereinafter called the Engineer-in-Charge
of such completion but not completed until the contractor
shall have removed from the premises on which the work has
been executed all scaffolding surplus materials, and rubbish,
and cleaned off the dirt from all wood works doors, walls,
floors, or other parts of any building in upon or about which
the work is to be executed, or of which he may have had possession
for the purpose of the execution thereof, and the measurements
in the said certificate shall be binding and conclusive against
the contractor, if the contractor shall fail to comply with
the requirements of this clause as to removal of scaffolding,
surplus materials and rubbish and cleaning off dirt on or
before the date fixed for the completion of the work, the
Engineer-in-Charge may, at the expense of the contractor,
remove such scaffolding, surplus materials and rubbish and
dispose off the same as he thinks fit and clean off such dirt
as aforesaid and the contractor shall forthwith pay the amount
of all expense so incurred and shall have no claim in respect
of any such scaffolding or surplus materials as a aforesaid
except for any such actually realized by the sale thereof.
Clause 7-
No payment shall be made for works estimated to cost less
than rupees one thousand, till after the whole works shall
have been completed and a certificate of completion given,
but in the case of works estimated to cost more than rupees
one thousand, the contractor shall on submitting bill thereof
be entitled to receive a monthly payment proportionate to
the part thereof when approved and passed by the Engineer-in-Charge
whose certificate of such approval and passing of the sum
so payable shall be final and conclusive against the contractor.
But all such intermediate payments shall be final and conclusive
against the contractor. But all such intermediate payments
shall be regarded as payments by way of advance against the
final payment and not as payments for work actually done and
completed and shall not preclude the requiring of bad, unsound
and imperfect or unskilled work to be removed and taken away
and reconstructed or re-erected, or be considered as an admission
of the due performance of the contract or any part thereof
in any respect, or the accruing of any claim, nor shall it
conclude, determine, or effect in anyway the powers of the
Engineer-in-Charge, under these conditions or any of them
as to the final settlement and adjustment of the accounts
or otherwise, or in any other way very or affect the contract.
The final bill shall be submitted by the contractor with in
one month of the date fixed for completion of the work, otherwise
Engineer-in-Charge certificate of the measurement and the
total amount payable for the work accordingly
shall be final and binding on all parties.
Clause 8 - A bill shall be submitted by the Contractor
each month on or before the date fixed by the Engineer-in-Charge
for all work executed in the previous months, and the Engineer-in-Charge
shall take or cause to be taken the requisite measurement
for the purpose of having the same verified, and the claim,
as far as admissible, adjusted if possible, before the expiry
of ten days from the presentation of the bill if the contractor,
does not submit the bill within the time fixed aforesaid,
the Engineer-in-Charge may depute a subordinate to measure
up the said work in the presence of the contractor, whose
counter signature to the measurement list will be sufficient
warrant, and the Engineer-in-Charge may prepare a bill from
such list which shall be binding on the contractor in all
respects.
Clause 9 - The contractor shall submit all
bills on the printed forms to be had on application at the
office of Engineer-in-Charge in the bills, shall always enter
at the rates specified in the tender subject to the tendered
abatement premium or in the case of any extra work ordered
in presence of these conditions and not mentioned or provide
for in the tender at the rates hereinafter provided for such
works.
Clause 10 - If the specification
of estimate of the work provides for the use any special description
of materials to be supplied from the Engineer-in-Charge's
stores or if it required that the contractor shall use certain
stores to be provided by the Engineer-in-Charge (such materials
and stores, and the prices to be charged therefore as hereinafter
mentioned being so far as practicable for the convenience
of the contractor, but not so as in any way to control the
meaning or effect of this contract specified in the schedule
or memorandum here to annexed) the contractor shall be supplied
with such materials and stores as required from time to time
be used by him for the purpose of contract only and the value
of the full quantity of materials and stores so supplied by
the rates specified in the said schedule or memorandum may
be set off or deducted from any sums then due or hereinafter
to become due to the contractor, under the contract or otherwise
against from the security deposit. All material supplied to
the contractor shall remain the property of the contractor,
but shall not on any account be removed from the site or the
work without the written permission of the Engineer-in-Charge,
and shall at all times be open to inspection by him. Any such
materials used on and in perfectly good condition at the time
of complete completion or unused and in perfectly determination
of the contract, shall be returned to the Engineer-in-Charge's
store, if by a notice in writing under his hand he shall so
require, but the contractor shall not be entitled to return
and such material unless with such consent and shall have
no claims for compensation on account of any such materials
so supplied to him as aforesaid being unused by him or for
any wastage in or damage to, any such materials.
Clause 11 - The contractor shall execute the whole
and every part of the work in the most substantial and workman
like a matter and both as regards materials and otherwise
in every respect in strict accordance with the specifications.
The contractor shall also confirm exactly, fully and faithfully
to the designs, drawings instruction in writing relating to
the work signed by the Engineer-in-Charge and lodged in the
office and to which the contractor shall be entitled to have
access or such or on the site of upon for the purpose of inspection
during office hours and the contractor shall if so enquired
at his own expenses to make or clause to be made copies of
the specifications and of all such designs and instructions
as aforesaid.
Clause 11A
- The Engineer-in-Charge shall have full powers at times to
object to the employment for any workman, foreman or other
employee on the works by the contractor and if the contractor
shall receive notice in writing from the Engineer-in-Charge
requesting the removal or any such man or men from the work
the contractor shall have to comply with the request for with.
No such workman, foreman or any other employee
after his removal form the works by request of the Engineer-in-Charge
shall be re-employed or reinstated on the works by the contractor
at any time except with the prior approval in writing or the
Engineer-in-Charge.
The contractor shall not be entitled to demand the reason
from the Engineer-in-Charge for requiring the removal of any
such workman, foreman or other employee.
Clause 12- The Engineer-in-Charge
shall have power to make any alternations in or omission form,
additions or substitutions for, the original specifications,
during, designs, and instructions, that may appear to him
to be necessary or advisable during the progress of the work,
and the contractor shall be bound to carry out them in accordance
with any instructions which may be given to him in writing
signed by the Engineer-in-Charge and such alternations, omissions,
additions or substitutions shall not invalidate the contract,
and any altered, additional or substituted work which the
contractor may be directed to do in the manner above specified
as part of the work shall be carried out by the contractor
on some conditions in all respects on which he agree to do
the main work, and at the same rates as are specified in the
tender for the main work. The time for completion of the work
shall be extended in the proportion that the altered, additional
or substituted work bears to be the original contract work,
and the certificate of the Engineer-in-Charge shall be conclusive
as to such proportion. And the altered additional or substituted
work includes any class of work, for which no rate is specified
in the contract, then such class of work shall be carried
out at the rates entered in the schedule of rates then the
contractor shall within 7 days of the date of his receipt
of the order to carry out the work inform the Engineer-in-Charge
of the rate which it is his intention to charge for such class
or work, and if the Engineer-in-Charge does not agree to this
rate he shall be noticed in writing, be at liberty to cancel
his order to carry out such class of work and arrange to carry
out in such manner as he may consider advisable, provide always
that if the contractor shall commence work or incurred any
expenditure in regard there to before the rates shall have
been determined as lastly here in before mentioned then and
in such case he shall only be entitled to be paid in respect
of the work carried out or expenditure incurred by him prior
to the date of the determination of the rates as aforesaid
according to such rate or rates as shall be fixed by the Superintending
Engineer. In the event of a dispute the decision of the competent
authority of the Board shall be final.
Clause 13 - If at time
after commencement of the work the Board shall not give any
reason whatsoever not require thereof as specified in the
tender to be carried out the Engineer-in-Charge shall be given
notice in writing of the fact of the contractor who shall
have no claim to any payment of or compensation whatsoever
on account of profit and advantages might have derived from
the contractor who shall have no claim to any payment of or
compensation whatsoever on account of any, profit and advantages,
which he might have derived from execution of the work not
having been carried out; neither shall he have any claim for
compensation by reason of any alteration carried out, nor
shall he have any claim for compensation by of any alteration
having been made in the original specifications, drawings
and instructions which shall involve any curtailment or the
work as originally contemplated.
Clause 14- If it shall appear to the CE/SE/Engineer-in-Charge
or his subordinate in charge of the work, that any work has
been executed with unsound, imperfect or unskillful workmanship,
or with materials of any inferior description, or that any
materials or articles provided by him for the execution of
the work are unsound or of a quality interior to that contracted
for, or otherwise not in accordance with the contract, the
contractor shall on demand in writing from the Engineer-in-Charge
specifying the work materials or articles complained of notwithstanding
that the same may have been inadvertently passed, certified
and paid for, forthwith rectify or remove and reconstruct
the work so specified in while or in part as the case may
require, remove the materials or articles so specified and
provide other proper and suitable materials or articles at
his own proper charge and cost and in the event of his failing
to do so within a period to be specified by the Engineer-in-Charge
in his demand aforesaid, then the contractor shall be liable
to pay compensation at the rate of one percent on the amount
of the estimates for every day not exceeding ten days, while
his failure to do so shall continue and in the case of any
such failure the Engineer-in-Charge may rectify or remove
and re-execute the work or remove and replace with others,
materials or articles complained or as the case may be at
the risk and expense in all respects of the contractor. Rates
in case of bad work unsafe structurally can be reduced suitably
by Engineer-in-Charge, Decision of the SE in such matters
shall be final.
Clause 15 - All works
under or in course of execution or executed in pursuance of
the contract shall at all times be open to the inspection
and supervision of C.E./S.E./ the Engineer-in-Charge and his
subordinates and the contractor shall at all times during
the usual working hours and at all other times at which reasonable
notice of the intention of the Engineer-in-Charge or his subordinate
to visit the work shall have been given to the contractor
either himself be present to receive orders and instructions
or have a responsible agent duly accredited in writing present
for that purpose. Orders given to the contractor's agency
shall be considered to have the same force as if they had
been given to the contractor himself.
Clause 16 -
The contractor shall give not less than five day's notice
in writing to the Engineer-in-Charge or his subordinate in
charge of the works before covering up or otherwise placing
beyond the reach of measurement any work in order that the
same may be measured and correct dimensions thereof be taken
before the same, is so covered up or placed beyond the reach
of measurement any work without the consent in writing of
the Engineer-in-Charge or his subordinate in charge of the
work and if any work shall be covered up of placed beyond
the reach of measurement without such notice having been given
or consent obtained, the same shall be uncovered at the contractor's
expense, or in default thereof no payment or allowance shall
be made for such work or the materials with which the same
was executed.
Clause 17 - If the contractor or his work people,
or servants shall break, deface, injure or destroy any part
of a building, in which they may be working or any building,
road fence enclosure or grass land, or cultivated ground contiguous
to the premises on which the works on any part of its being
executed, or if any damage shall happen to the work, while
in progress, from any cause whatever or any imperfection become
apparent in it within three months after a certificate final
or other, of its completion shall have been given by the Engineer-in-Charge
as aforesaid, the contractor shall make the same good at his
own expense, or in default, the Engineer-in-Charge may cause
the same to be made good by other workmen and deduct the expense
(of which the certificate of the Engineer-in-Charge shall
be final) from any sums that may be then, or at any time thereafter
may become, due to the contractor, or from his security deposit
or the proceeds of sale of his materials or of a sufficient
portion thereof.
Clause 18 - The contractor
shall supply at his own cost all material (except such special
materials if any, as may in accordance with the contract be
supplied form the Engineer-in-Charge's stores) plants, tools,
appliances, implements, ladders, cordage tackle, scaffoldings
and temporary works requisite for proper execution of the
work whether original, altered or substituted and whether
included in the specification or other documents forming part
of the contract referred to in these conditions or not, or
which may be necessary for the purpose of satisfying or complying
with the requirements of the Engineer-in-Charge as to any
matter as to which under these conditions he is entitled to
be satisfied or which he is entitled to require together with
carriage therefore to any from the work. The contractor shall
also supply without charge the requisite number of persons
with the means and materials necessary for the purpose of
setting out works and counting, weighing and assisting to
the measurement of examination at an time and from time to
time of the work or materials. Failing his so doing the same
may be provided by the Engineer-in-Charge at the expense of
the contractor under the contract or from his security deposit
or the proceeds of sale thereof, of sufficient portion thereof.
The contractor shall also provide all necessary fencing and
light required to protect the public from accident, and shall
be bound to bear the expense of defence of every suit action
of other proceedings, at law that may be brought by any person
for injury sustained owing to neglect of the above precautions,
and to pay away damages and cost which may be awarded in any
such suit action or proceedings to any such persons or which
may with the consent of the contractor be paid to compromise
and claim by any such person.
Clause 19 - No female laborer
shall be employed within the limits of cantonment.
Clause 19A - No laborers
below the age of 12 years shall be employed on the work. Clause
19B The contractor shall pay his laborers
not less than the wages paid or similar work in the neighborhood.
Clause 20 No work shall be done on Sundays
without the sanction in writing of the Engineer-in-Charge.
Clause 20A In every case in which by virtue
of the provision of section 12, sub-section (1) of the workman's
Compensation Act 1923, Board is obliged to pay compensation
to a workman employed by the contractor in execution of the
works. Board will recover from the contractor the amount of
the compensation so paid and without prejudice to the rights
of Govt. under section 12, sub-section (2) of the said Act,
Board shall be liberty to recover such amount or any part
thereof by deduction it from the security deposit or from
any sum due by Board to the contractor whether under this
contractor or otherwise.
Board shall not be bound to contest any claim made against
it under section 12, sub section (1) of the said Act, except
on the written request of the contractor and upon his giving
to Board full security for all costs for which Board might
become liable to consequence of contesting such claim.
Clause 20 B - The contractor
shall also be bound by the fair wage clause and Labour regulations
appended herewith.
Clause 21- the contract shall not assignee
or sublet without the written approval of the Executive Engineer.
And if the contractor shall assign or sublet his contract,
or made any composition with his creditors attempt to do so
or if any bribe, gratuity, gift, loan, perquisite regard or
advantage pecuniary or otherwise, shall either directly or
indirectly be given promised, or offered by the contractor
or any of his servants or agents to any public officer of
person in the employ of Board in any way relating to his office
or employment, or if any such officer or person shall become
in any way directly or indirectly interested in the contract,
the Executive Engineer may there upon by notice in writing
rescinds the contract, and the security/deposit of the contractor
shall thereupon stand forfeited and be absolutely at the disposal
of Board and the same consequences shall ensure as if the
contractor had been rescinded under clause 3 thereof, and
in addition the contractor shall not be entitle to recover
or be paid for any work therefore actually performed under
the contract.
Clause 22 - All sums payable
by way of compensation under any of these conditions shall
be considered as reasonable compensation to be applied to
the use of Board without reference to the actual loss or damage
sustained and whether or on any damage shall have be sustained.
Clause 22A Any
excess payment made to the contractor inadvertently or otherwise
under this contract or any account whatever and other sum
found to be due to Board by the contractor in respect of this
contractor any other contract or work order payable by Board
to the contractor either in respect of this contract or any
work order or contract or any other account.
Clause 23 - In the case of tender by partners
any change in the constitution of the firm shall be forthwith
notified by the contractor to the Engineer-in-Charge for his
information.
Clause 24 - All works to
be executed under the contract shall be executed under the
direction and subject to the approval in all respect of the
Superintending Engineer of the Board for the time being who
shall be entitled to direct at what point or points and in
what manner they are to be commended and from time to time
carried on.
Clause 25- No claims for payment of an extraordinary nature,
such as claims for a bonus, for extra labour, employed in
completing the work before the expiry of the contractual period
at the request of the Engineer-in-Charge or claims for compensation
where work has been temporarily brought to a stand still through
no fault of the contractor shall be allowed unless and to
the extent that the same shall have been expressly sanctioned
by the Board under the signature of its Chief Engineer.
If the matter is not referred to arbitration within the specified
period, all the rights and claims under the contract shall
be deemed to have been forfeited and absolutely barred.
Clause 25- It shall be
a term of the contract agreement that arbitrator, shall give
a speaking award otherwise the award shall be null and void
and will not be binding on the parties it shall also be a
term of this contract that in any dispute/difference referred
to the arbitrator the arbitrator shall not, award interest
to the parties on any of the items of contract agreement executed
in between the parties, if the arbitrator awards interest
the same shall not be binding on the parties. Amended
Clause 25A - of the agreement approved by the Board
vide Resolution No. 27 Dt. 30.8.94 and conveyed vide Chief
Engineer, H.S.A.M.Board, Panchkula's memo No. CEA-V-94/15159
Dt. 25.10.94. If any question, difference or object whatsoever
shall arise in any way connected with or arising out of this
instruments at the meaning or operations of any part thereof
or the rights duties liabilities of other party then save
in so far as the decision of any such matter there in before
provided for and has been so decided every such matter including
whatever according or whether its decision has been provided
for and or whether it has been finally divided the contract
should be terminated not has been rightly terminated and as
regards the rights and obligations of the parties as the result
of such termination shall be referred for arbitration to the
capable officer to be appointed by the Chief Administrator
Board within 180 days viz six months from the date or making
final payment to the contractor or when the contractor is
not willing to receive the payment from the date of registered
notice is sent to him that his final bill is ready for payment
and his decision shall be final and binding and where the
matter involves a claim for the payment or recovery or deduction
of money only the amount if any awarded in such arbitration
shall be recoverable in respect of the matter so referred.
If the matter is not referred to arbitration within the specified
period, all the rights and claim under the contract shall
be deemed to have been forfeited and absolutely barred.
Clause 26 -
The contractor shall obtain from the stores of the Engineer-in-Charge
all stores and articles which may be required for the work
or any part thereof or in making up articles require therefore
in connection with; unless he has obtained permission in writing
from Engineer-in-Charge to obtain such stores and articles
elsewhere. The value of such stores and articles as may be
supplied to the contractor by the Engineer-in-Charge will
be debited to the contractor in his account at the rates mentioned
in the schedule attached to the contract and if they are not
entered in the schedule they will be debited at cost price
which for the purposes of this contract shall include the
cost of carriage and all other expenses which shall have been
insured in obtaining delivery of the same at the stores aforesaid.
Clause 26A - Any fluctuations
in railway rates which may occur during the subsistence of
and affecting freights of any material to be supplied under
this contract shall be brought to the notice of the Engineer-in-Charge
by the contractor within fifteen days from such date without
prejudice to the rights fail to comply with the above requirement
any excess or short charge on account of such increase or
decrease shall be credited to or recovered from the contractor.
No alteration in contract rates shall be admissible in consequence
of fluctuation in railway freight when such railways freight
is on account material which is required by a contractor in
the manufacture of an article to be supplied under this contract,
e.g. fluctuations of railway freight on coal required for
burning bricks will not be taken into consideration or for
an article which forms part of a finished work, for purposes
of this clause. Similarly no alteration in rates will be allowed
when a manufactured article is transported by rail from place
A to place B to form part of a finished work.
Clause 27 When the estimate on which a tender
is made includes lump sum in respect of parts of the work,
the contractors shall be entitled to payment in respect of
the items of the work involved, or the part of the work in
question at the same rates as are payable under this contract
for such items or if the part of the work in questions not
in the opinion of Engineer-in-Charge capable of measurement
the Engineer-in-Charge may at his discretion pay the lump
sum, amount entered in the estimate,. And the certificates
in writing of the Engineer-in-Charge shall be final and conclusive
against, the contractor within guard to any sum payable to
him under the provisions of this clause.
Clause 28 In the case of
any class of work for which there is no such specification
as is mentioned in Rule 1 such work be carried out in accordance
with the distinct specification, and in the event of there
being on distinct specification then in such case the work
shall be carried out in all respect in accordance with the
instructions and requirements of the Engineer-in-Charge.
Clause 29 The
expression 'work' where used in these conditions shall unless
there be something either in the subject or context repugnant
to such contractors be constructed and taken to mean the work
by or by virtue or the contract contracted to be executed
whether temporary or permanent, and whether original, altered,
substituted or additional.
Clause 30. The percentage referred to at page (3) of the tender
apply and also (2) the items work for which rate exist in
the Schedule of rates.
Clause 31 Fair wage Clause
(copy enclosed) introduced vide Secretary to Govt. Punjab
PWD B&R Shimla Memo No. 118-G dt. 6th November 1951 will
binding on the contract and he will strictly follow terms
and conditions laid down therein during the execution of the
work.
Clause 32 East Punjab PWD
Contract Labour Regulations referred to in clause of the Fair
Wage Clause will be binding on the contractor who is required
to carry out this. He will be required to strictly follow
the terms and conditions laid down therein.
Clause 33 The terms and conditions of the
agreement have been explained to me/us and I/we clearly understand
them.
Schedule showing (approximately) materials to be supplied
from the H.S.A.M.Board Store for works contracted to be executed
and the rates at which they are to be charged for.
Particulars Rates at which the material will be charges to
the Contractor Place of delivery
Unit Rs. P.
Grey Cement
Bitumen
Per Bag
Per MT
At Central Store
At Central Store.
Note:- The person of firm submitting the
tender should see that rates in the above schedule fillrd
up by the Engineer-in-Charge on the basis of the form prior
to the submission of the tender.
(Signature of Contractor) Signature of Executive Engineer
Signature of Witness
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