Irrigation Department, U.P. Rohikhand Canal Division Bareilly Office ...
Irrigation Department, U.P. Rohikhand Canal Division Bareilly Office ...
Irrigation Department, U.P. Rohikhand Canal Division Bareilly Office ...
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esa yxkus dk dk;Z A¼th0bZ0vks0cSx dh ykxr jfgr½1 ykV la0&01¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax ,izsu,oa Lij esa yxkus dk dk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½2 ykV la0&02¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½3 ykV la0&03¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½4 ykV la0&04¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½7800ux3100-00?kueh010000-00ux2700-00?kueh010000-00ux2200-00?kueh010000-00ux8-00 16-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij17-00 34-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij16-00 32-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
5 ykV la0&05¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½6- ykV la0&06¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½7 ykV la0&07¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½8- ykV la0&08¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxr1600-00?kueh012000-00ux1500-00?kueh09000-00ux1400-00?kueh09000-00ux1400-00?kueh09000-00ux15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
jfgr½9 ykV la0&09¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½10 ykV la0&10¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½11 ykV la0&11¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½12 ykV la0&12¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A500-00?kueh08500-00ux500-00?kueh08500-00ux400-00?kueh08000-00ux250-00?kueh08000-00ux11-00 22-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij10-00 20-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij9-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
Bsdsnkj ds lkFk ;fn vuqcU/k gks Hkh x;k gks rks mlds lkFk fd;k x;k vuqcU/k fujLr fd;ktk ldrk gS A12- fufonk izi= ysus gsrq Bsdsnkj dks Lo;a vFkok muds }kjk vf/kd`r i= /kkjd dks QksVks;qDrvf/kdkj i= izLrqr djuk gksxk A13- dk;kZy; izkax.k esa dsoy jftLVMZ Bsdsnkj vFkok muds }kjk vf/kd`r i= /kkjd dks gh vkusfn;k tk;sxk A14- Bsdsnkj }kjk fufonk dz; djrs le; ftykf/kdkjh }kjk fuxZr pfj= izek.k i=¼vkbZ0Mh0Vh0&1½] gSfl;r izek.k i= ¼vkbZ0Mh0Vh0&2½] dh ewy izfr;kWa tek dh tk;sxh A15- fufonknkrk }kjk cSad ls fufonk dz; djus ds fy;s fu;ekuqlkj vfrfjDRk “kqYd :0 50-00nsuk gksxk A16- vkjf{kr fufonk dz; djrs le; fufonknkrk dks tkfr izek.k i= izLrqr djuk gksxk Avf/k”kklh vfHk;Urk:gsy[k.M ugj [k.M] cjsyh
COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.
lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk ukeNote- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. Engineer
TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words
……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to withshall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>
..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 1Bill of QuantityS. o. Item of Work Qty. Unit1 E/W in excavation in ordinary soil(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.2 Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost of materialG.E.O. material for seiwing, labourT&P, Taxes loading, unloading andstacking etc complete.600.00 M 37850 No.Rate (Rs.)In Figure In Wordsote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.
I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from paymentThe contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.
5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEERLot o. 02<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..Name of contractor……………………………………………………………………………..
Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawing
Article II-and condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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¼2½ ;s fufonk lwpuk osclkbV ¼http:upgov.up.in/infotech½ rFkk flapkbZ foHkkx dh osclkbV¼idup.gov.up.in½ ij miyC/k gS A fufonk izi= flapkbZ foHkkx ds osclkbV ¼idup.gov.up.in½ lsMkmuyksM dh tk ldrh gS A fdUrq bldh ykxr lEcfU/kr vf/k”kklh vfHk;Urk ds uke jk’Vªh; cSadls fuxZr MªkV ds :Ik esa fufonk izi= ds lkFk I.D.T-1, I.D.T.-2, I.D.T.-3 o vU; izi=@vfHkys[kksa dslkFk layXu fd;k tkuk vfuok;Z gksxkA osclkbV ls Mªkbax miyC/k u gks ldus dh fLFkfr esa oslEcfU/kr vf/k”kklh vfHk;Urk ds dk;kZy; esa Mªkbax vkfn izkIr dj ldsaxs A osclkbV ls MkmuyksMdj izkIr fd;s x;s fufonk izi= vkSj lEcfU/kr vf/k”kklh vfHk;Urk ds dk;kZy;ksa esa fcdzh ds fy;smiyC/k fufonk izi= esa ;fn dksbZ fHkUurk gks rks bu dk;kZy; esa miyC/k fufonk izi= gh ekU;gksxkAdz0la0dk;Z dk k uketuin&Å/keflag uxj esa fdPNk cSjktds viLVªhe esa nka;s fdukjs ijth0bZ0vks0cSx esa vkj0ch0,e0@ckywHkjdj e”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax ,izsu ,oa Lijesa yxkus dk dk;Z A¼th0bZ0vks0cSx dh ykxr jfgr½1 ykV la0&01¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax ,izsu,oa Lij esa yxkus dk dk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½2 ykV la0&02¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½3 ykV la0&03¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s7800ux3100-00?kueh010000-00ux2700-00?kueh010000-00dk;Z dh/kjksgjvuqekfur/kujkf”kykxr¼gtkj¼yk[k :0:0esa½eas½dk;Z dksfufonk izi= dk ewY; iathd`riw.kZ djusJs.khdh vof/k8-00 16-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij17-00 34-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij16-00 32-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijvH;qfDrlk0lk0lk0
fdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½4 ykV la0&04¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½5 ykV la0&05¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½6- ykV la0&06¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½7 ykV la0&07¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkux2200-00?kueh010000-00ux1600-00?kueh012000-00ux1500-00?kueh09000-00ux1400-00?kueh015-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
cSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½8- ykV la0&08¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½9 ykV la0&09¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½10 ykV la0&10¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½11 ykV la0&11¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A9000-00ux1400-00?kueh09000-00ux500-00?kueh08500-00ux500-00?kueh08500-00ux400-00?kueh013-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij11-00 22-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij10-00 20-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½12 ykV la0&12¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½13 ykV la0&13¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½14 ykV la0&14¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½8000-00ux250-00?kueh08000-00ux250-00?kueh08000-00ux8000-00ux9-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij9-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij8-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij“krsZ&1- fufonk dz; djus ij fufonk izi= ds ewY; ij fu;ekuqlkj O;kikj dj Hkh vfrfjDr ns;gksxk A2- fufonk dh foLr`r “krsZa fufonk izi= ds lkFk miyC/k gksaxh Alk0lk0lk0
3- leLr fufonknkrkvksa dks lq>ko fn;k tkrk gS fd fufonk Mkyus ls iwoZ leLr foHkkxh; “krkZsadk Kku dj ysa ,oa dk;ZLFky dk fujh{k.k Hkh vo”; dj ysa A4- fufonk izi= dks Hkyh&HkkWafr i
AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk A
lkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.
6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS10. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.
11. Is the event of the tender being su nitted by aform. I most be signed separately byeach member thare of or in the even of the absence of any partner it must thesigned on his behalf by a person holding a power of attoemy authorizing firm to doso.12. Receipt for payment made on account of work when executed by a firm must also besigned by the several partners exceipt where where the contractors are described inthere tender as a firm in which case the receipt must be signed in the name of to firmby one of the partners by same other person paying authority to give official receiptfor the him.13. Any contractor we submit is a tender shall fill up his presoribed firm form of tenderstriking out the alternative offer on page 3 if the form of not applicable to the casetenders which probase any after in action in the works specified in the form of netinviting tender in the time allowed for carrying out the works or which contract anyother conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.14. (1)The Executive Engineer or his duly authorized assistant will open tender in thepresence of any in tenting contractors who man present at the time and will ente/theamount of several tender in & comparative state in a suitable form in the event or atender opening accepted report for the eamost money form ordered here with shallthereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(3) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and deal withthem in the manner spdcified above and will submit them to the Executive Engineerfor orders. The earnest money if in current notes shall be cred ted in the cash bookand paid in to the Treasury a receipt in account From No. 3 being given in the partyshall be entered in the register of service Account Forms 85 and 86 Earnest moneyreceived notes shall be returned to unsuccessful tenders as soon as their. Tendersare rejected the usual stamp being taken.15. the accepting authority shall have the right of rejecting all or any of the tender.16. The receipt of an accountant on a clerk for the earnest money paid by the contractorwill not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong><strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeing that theproducer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.
17. The memorandum of work tendered for shall be filled in and compieted in the officeof the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form in issued.18. The amount of the earnest money should ordinary be- Rs.e) When the amount of the tender does not exceed Rs. 2,000 50f) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100g) When exceeding Rs. 5,000 and not exceeding Rs. 10,000h) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.
MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 2Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 300.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.Rate (Rs.)In Figure In Words
2- Collection of RBM/ Sand for makingShank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.3100.00 M 310200 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from payment
The contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.
5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEERLot o. 03<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..Name of contractor……………………………………………………………………………..
Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawing
Article II-and condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk A
lkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.
6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS19. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.
20. Is the event of the tender being su nitted by aform. I most be signed separately byeach member thare of or in the even of the absence of any partner it must thesigned on his behalf by a person holding a power of attoemy authorizing firm to doso.21. Receipt for payment made on account of work when executed by a firm must also besigned by the several partners exceipt where where the contractors are described inthere tender as a firm in which case the receipt must be signed in the name of to firmby one of the partners by same other person paying authority to give official receiptfor the him.22. Any contractor we submit is a tender shall fill up his presoribed firm form of tenderstriking out the alternative offer on page 3 if the form of not applicable to the casetenders which probase any after in action in the works specified in the form of netinviting tender in the time allowed for carrying out the works or which contract anyother conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.23. (1)The Executive Engineer or his duly authorized assistant will open tender in thepresence of any in tenting contractors who man present at the time and will ente/theamount of several tender in & comparative state in a suitable form in the event or atender opening accepted report for the eamost money form ordered here with shallthereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(4) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and deal withthem in the manner spdcified above and will submit them to the Executive Engineerfor orders. The earnest money if in current notes shall be cred ted in the cash bookand paid in to the Treasury a receipt in account From No. 3 being given in the partyshall be entered in the register of service Account Forms 85 and 86 Earnest moneyreceived notes shall be returned to unsuccessful tenders as soon as their. Tendersare rejected the usual stamp being taken.24. the accepting authority shall have the right of rejecting all or any of the tender.25. The receipt of an accountant on a clerk for the earnest money paid by the contractorwill not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong><strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeing that theproducer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.
26. The memorandum of work tendered for shall be filled in and compieted in the officeof the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form in issued.27. The amount of the earnest money should ordinary be- Rs.i) When the amount of the tender does not exceed Rs. 2,000 50j) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100k) When exceeding Rs. 5,000 and not exceeding Rs. 10,000l) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.
MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 3Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 300.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.Rate (Rs.)In Figure In Words
2- Collection of RBM/ Sand for makingShank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.2700.00 M 39800 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from payment
The contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.
5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEERLot o. 04<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..Name of contractor……………………………………………………………………………..
Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency for
the satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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¼2½ ;s fufonk lwpuk osclkbV ¼http:upgov.up.in/infotech½ rFkk flapkbZ foHkkx dh osclkbV¼idup.gov.up.in½ ij miyC/k gS A fufonk izi= flapkbZ foHkkx ds osclkbV ¼idup.gov.up.in½ lsMkmuyksM dh tk ldrh gS A fdUrq bldh ykxr lEcfU/kr vf/k”kklh vfHk;Urk ds uke jk’Vªh; cSadls fuxZr MªkV ds :Ik esa fufonk izi= ds lkFk I.D.T-1, I.D.T.-2, I.D.T.-3 o vU; izi=@vfHkys[kksa dslkFk layXu fd;k tkuk vfuok;Z gksxkA osclkbV ls Mªkbax miyC/k u gks ldus dh fLFkfr esa oslEcfU/kr vf/k”kklh vfHk;Urk ds dk;kZy; esa Mªkbax vkfn izkIr dj ldsaxs A osclkbV ls MkmuyksMdj izkIr fd;s x;s fufonk izi= vkSj lEcfU/kr vf/k”kklh vfHk;Urk ds dk;kZy;ksa esa fcdzh ds fy;smiyC/k fufonk izi= esa ;fn dksbZ fHkUurk gks rks bu dk;kZy; esa miyC/k fufonk izi= gh ekU;gksxkAdz0la0dk;Z dk uketuin&Å/keflag uxj esa fdPNk cSjktds viLVªhe esa nka;s fdukjs ijth0bZ0vks0cSx esa vkj0ch0,e0@ckywHkjdj e”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax ,izsu ,oa Lijesa yxkus dk dk;Z A¼th0bZ0vks0cSx dh ykxr jfgr½1 ykV la0&01¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax ,izsu,oa Lij esa yxkus dk dk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½2 ykV la0&02¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½3 ykV la0&03¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s7800ux3100-00?kueh010000-00ux2700-00?kueh010000-00dk;Z dh/kjksgjvuqekfur/kujkf”kykxr¼gtkj¼yk[k :0:0esa½eas½dk;Z dksfufonk izi= dk ewY; iathd`riw.kZ djusJs.khdh vof/k8-00 16-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij17-00 34-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij16-00 32-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijvH;qfDrlk0lk0lk0
fdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½4 ykV la0&04¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½5 ykV la0&05¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½6- ykV la0&06¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½7 ykV la0&07¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkux2200-00?kueh010000-00ux1600-00?kueh012000-00ux1500-00?kueh09000-00ux1400-00?kueh015-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
cSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½8- ykV la0&08¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½9 ykV la0&09¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½10 ykV la0&10¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½11 ykV la0&11¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A9000-00ux1400-00?kueh09000-00ux500-00?kueh08500-00ux500-00?kueh08500-00ux400-00?kueh013-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij11-00 22-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij10-00 20-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½12 ykV la0&12¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½13 ykV la0&13¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½14 ykV la0&14¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½8000-00ux250-00?kueh08000-00ux250-00?kueh08000-00ux8000-00ux9-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij9-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij8-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij“krsZ&1- fufonk dz; djus ij fufonk izi= ds ewY; ij fu;ekuqlkj O;kikj dj Hkh vfrfjDr ns;gksxk A2- fufonk dh foLr`r “krsZa fufonk izi= ds lkFk miyC/k gksaxh Alk0lk0lk0
3- leLr fufonknkrkvksa dks lq>ko fn;k tkrk gS fd fufonk Mkyus ls iwoZ leLr foHkkxh; “krkZsadk Kku dj ysa ,oa dk;ZLFky dk fujh{k.k Hkh vo”; dj ysa A4- fufonk izi= dks Hkyh&HkkWafr i
AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk A
lkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.
6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS28. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.
29. Is the event of the tender being su nitted by aform. I most be signed separately byeach member thare of or in the even of the absence of any partner it must thesigned on his behalf by a person holding a power of attoemy authorizing firm to doso.30. Receipt for payment made on account of work when executed by a firm must also besigned by the several partners exceipt where where the contractors are described inthere tender as a firm in which case the receipt must be signed in the name of to firmby one of the partners by same other person paying authority to give official receiptfor the him.31. Any contractor we submit is a tender shall fill up his presoribed firm form of tenderstriking out the alternative offer on page 3 if the form of not applicable to the casetenders which probase any after in action in the works specified in the form of netinviting tender in the time allowed for carrying out the works or which contract anyother conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.32. (1)The Executive Engineer or his duly authorized assistant will open tender in thepresence of any in tenting contractors who man present at the time and will ente/theamount of several tender in & comparative state in a suitable form in the event or atender opening accepted report for the eamost money form ordered here with shallthereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(5) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and deal withthem in the manner spdcified above and will submit them to the Executive Engineerfor orders. The earnest money if in current notes shall be cred ted in the cash bookand paid in to the Treasury a receipt in account From No. 3 being given in the partyshall be entered in the register of service Account Forms 85 and 86 Earnest moneyreceived notes shall be returned to unsuccessful tenders as soon as their. Tendersare rejected the usual stamp being taken.33. the accepting authority shall have the right of rejecting all or any of the tender.34. The receipt of an accountant on a clerk for the earnest money paid by the contractorwill not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong><strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeing that theproducer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.
35. The memorandum of work tendered for shall be filled in and compieted in the officeof the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form in issued.36. The amount of the earnest money should ordinary be- Rs.m) When the amount of the tender does not exceed Rs. 2,000 50n) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100o) When exceeding Rs. 5,000 and not exceeding Rs. 10,000p) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.
MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 4Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 300.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.2- Collection of RBM/ Sand for making 2700.00 M 3Rate (Rs.)In Figure In Words
Shank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.10500 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from payment
The contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.5. Tenders by firms of partnership:
Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEERLot o. 05<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..Name of contractor……………………………………………………………………………..
Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.
Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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vkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½8- ykV la0&08¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½9 ykV la0&09¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½10 ykV la0&10¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½11 ykV la0&11¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s1400-00?kueh09000-00ux500-00?kueh08500-00ux500-00?kueh08500-00ux400-00?kueh08000-0013-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij11-00 22-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij10-00 20-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
fdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½12 ykV la0&129-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ vkj0ch0,e0@ckyw ls 250-00mlls“kSad cukus dk dk;Z A ?kueh0Åij¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00fdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½13 ykV la0&139-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ vkj0ch0,e0@ckyw ls 250-00mlls“kSad cukus dk dk;Z A ?kueh0Åij¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00fdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½14 ykV la0&148-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00mllsÅijfdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½“krsZ&1- fufonk dz; djus ij fufonk izi= ds ewY; ij fu;ekuqlkj O;kikj dj Hkh vfrfjDr ns;gksxk A2- fufonk dh foLr`r “krsZa fufonk izi= ds lkFk miyC/k gksaxh A3- leLr fufonknkrkvksa dks lq>ko fn;k tkrk gS fd fufonk Mkyus ls iwoZ leLr foHkkxh; “krkZsadk Kku dj ysa ,oa dk;ZLFky dk fujh{k.k Hkh vo”; dj ysa A
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AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk A
lkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.
6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS37. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.
38. Is the event of the tender being su nitted by aform. I most be signed separately byeach member thare of or in the even of the absence of any partner it must thesigned on his behalf by a person holding a power of attoemy authorizing firm to doso.39. Receipt for payment made on account of work when executed by a firm must also besigned by the several partners exceipt where where the contractors are described inthere tender as a firm in which case the receipt must be signed in the name of to firmby one of the partners by same other person paying authority to give official receiptfor the him.40. Any contractor we submit is a tender shall fill up his presoribed firm form of tenderstriking out the alternative offer on page 3 if the form of not applicable to the casetenders which probase any after in action in the works specified in the form of netinviting tender in the time allowed for carrying out the works or which contract anyother conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.41. (1)The Executive Engineer or his duly authorized assistant will open tender in thepresence of any in tenting contractors who man present at the time and will ente/theamount of several tender in & comparative state in a suitable form in the event or atender opening accepted report for the eamost money form ordered here with shallthereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(6) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and deal withthem in the manner spdcified above and will submit them to the Executive Engineerfor orders. The earnest money if in current notes shall be cred ted in the cash bookand paid in to the Treasury a receipt in account From No. 3 being given in the partyshall be entered in the register of service Account Forms 85 and 86 Earnest moneyreceived notes shall be returned to unsuccessful tenders as soon as their. Tendersare rejected the usual stamp being taken.42. the accepting authority shall have the right of rejecting all or any of the tender.43. The receipt of an accountant on a clerk for the earnest money paid by the contractorwill not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong><strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeing that theproducer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.
44. The memorandum of work tendered for shall be filled in and compieted in the officeof the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form in issued.45. The amount of the earnest money should ordinary be- Rs.q) When the amount of the tender does not exceed Rs. 2,000 50r) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100s) When exceeding Rs. 5,000 and not exceeding Rs. 10,000t) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.
MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 5Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 350.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.2- Collection of RBM/ Sand for making 2700.00 M 3Rate (Rs.)In Figure In Words
Shank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.12000 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from paymentThe contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along with
sum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange.CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.
5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEERLot o. 06<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement form
Agreement No……………………………………………………………………………...…..Name of contractor……………………………………………………………………………..Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………
3- Period of Completion………………………………………<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.
Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk A
lkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.
6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS46. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.
47. Is the event of the tender being su nitted by aform. I most be signed separately byeach member thare of or in the even of the absence of any partner it must thesigned on his behalf by a person holding a power of attoemy authorizing firm to doso.48. Receipt for payment made on account of work when executed by a firm must also besigned by the several partners exceipt where where the contractors are described inthere tender as a firm in which case the receipt must be signed in the name of to firmby one of the partners by same other person paying authority to give official receiptfor the him.49. Any contractor we submit is a tender shall fill up his presoribed firm form of tenderstriking out the alternative offer on page 3 if the form of not applicable to the casetenders which probase any after in action in the works specified in the form of netinviting tender in the time allowed for carrying out the works or which contract anyother conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.50. (1)The Executive Engineer or his duly authorized assistant will open tender in thepresence of any in tenting contractors who man present at the time and will ente/theamount of several tender in & comparative state in a suitable form in the event or atender opening accepted report for the eamost money form ordered here with shallthereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(7) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and deal withthem in the manner spdcified above and will submit them to the Executive Engineerfor orders. The earnest money if in current notes shall be cred ted in the cash bookand paid in to the Treasury a receipt in account From No. 3 being given in the partyshall be entered in the register of service Account Forms 85 and 86 Earnest moneyreceived notes shall be returned to unsuccessful tenders as soon as their. Tendersare rejected the usual stamp being taken.51. the accepting authority shall have the right of rejecting all or any of the tender.52. The receipt of an accountant on a clerk for the earnest money paid by the contractorwill not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong><strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeing that theproducer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.
53. The memorandum of work tendered for shall be filled in and compieted in the officeof the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form in issued.54. The amount of the earnest money should ordinary be- Rs.u) When the amount of the tender does not exceed Rs. 2,000 50v) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100w) When exceeding Rs. 5,000 and not exceeding Rs. 10,000x) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.
MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 6Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 425.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationRate (Rs.)In Figure In Words
trench as directed by Eng-in-charge.2- Collection of RBM/ Sand for makingShank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.1500.00 M 38850 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from payment
The contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.
5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEERLot o. 07<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..
Name of contractor……………………………………………………………………………..Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.
Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
dk;kZy; vf/k”kklh vfHk;Urk:gsy[k.M ugj [k.M] cjsyh AvYidkyhu fufonk lwpuk la0&01@bZ0bZ0@2011&12egkefge jkT;iky mRrj izns”k dh vksj ls fuEufyf[kr dk;ksZa gsrq eqgjcUn fufonk;sa oxhZd`rJs.kh ds iathd`r Bsdsnkjksa ls fnukad 27-04-2011 dks vijkUg 3-00 cts rd vkeaf=r dh tkrh gSa]fufonk;sa fnukad 28-04-2011 dks vijkUg 3-00 cts v/kksgLrk{kjh vFkok muds }kjk euksuhr izfrfuf/k}kjk dk;kZy; vf/k”kklh vfHk;Urk] :gsy[k.M ugj [k.M] cjsyh es mifLFkr Bsdsnkjksa ds lEk{k [kksyhtk;sxh A fufonk izi= fnukad 25-04-11 ls 26-04-11 vijkUg 5-00 cts rd fdlh Hkh dk;Zfnol esavf/k”kklh vfHk;Urk] :gsy[k.M ugj [k.M] cjsyh] vf/k”kklh vfHk;Urk] “kkjnk lkxj [k.M] ihykHkhr]vf/k”kklh vfHk;Urk] “kkjnk ugj [k.M] “kkgtgkWaiqj rFkk iatkc us”kuy cSad flfoy ykbUl] cjsyh dsdk;kZy; esa fodz; fd;s tk;saxs A fufonk dz; gsrq ¼1½ iathdj.k izek.k i= ¼2½ ftykf/kdkjh }kjkfuxZr pfj= izek.k i= ¼I.D.T.-1½ ¼3½ gSfl;r izek.k i= ¼I.D.T.-2½ dh ewy izfr;ka izLrqr dh tk;sxhrFkk mudh lR;kfir Nk;kizfr;kWa Hkh Bsdsnkj ;k mlds izfrfuf/k }kjk tek dh tk;asxh A vf/kd`rizfrfuf/k;ksa dks Bsdsnkj }kjk iznRr QksVks ;qDr vf/kdkj i=] ftlesa izfrfuf/k dk gLrk{kj izekf.krfd;k gqvk gks] tek djus ds Ik”pkr fu/kkZfjr ewY; nsdj fufonk;sa izkIr dh tk ldrh gS A/kjksgj /kujkf”k@,u0,l0lh0@,Q0Mh0vkj0¼jk’Vªh;d`r csSad½ fu;ekuqlkj vuqeU; vU;izfrHkwfr ds :i esa tks fd vf/k”kklh vfHk;Urk] :gsy[k.M ugj [k.M] cjsyh ds i{k esa cU/kd gksxh]tek djuk vfuok;Z gksxk vU;Fkk fufonk Lohdkj ugha dh tk;sxh A ,d ;k leLr fufonkvksa dksfcuk dkj.k crk;s fujLr djus dk iw.kZ vf/kdkj v/kksgLrk{kjh dk gksxk AizR;sd fufonknkrk dks%&¼1½ :0 100-00 ds ukWu&T;wfMf”k;y LVkEi isij ij ,d :i;s dh jlhnh fVdV yxkdj vuqcU/kfy[kuk gksxk fd njsa 90 fnol rd ekU; gksaxh] blls fufonk@vkQj okfil ysus ij /kjksgj /kujkf”ktCr dj yh tk;sxh A fu;ekuqlkj ns; fcdzhdj] vk;dj] LVkEi M~;wVh] jkW;YVh nsuh gksxh A vuqcU/kds le; fu;ekuqlkj LVkEi M~;wVh tek djuh gksxh A¼2½ ;s fufonk lwpuk osclkbV ¼http:upgov.up.in/infotech½ rFkk flapkbZ foHkkx dh osclkbV¼idup.gov.up.in½ ij miyC/k gS A fufonk izi= flapkbZ foHkkx ds osclkbV ¼idup.gov.up.in½ ls
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e”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½4 ykV la0&04¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½5 ykV la0&05¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½6- ykV la0&06¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½7 ykV la0&07¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esa2200-00?kueh010000-00ux1600-00?kueh012000-00ux1500-00?kueh09000-00ux1400-00?kueh09000-00ux15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
vkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½8- ykV la0&08¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½9 ykV la0&09¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½10 ykV la0&10¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½11 ykV la0&11¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s1400-00?kueh09000-00ux500-00?kueh08500-00ux500-00?kueh08500-00ux400-00?kueh08000-0013-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij11-00 22-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij10-00 20-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
fdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½12 ykV la0&129-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ vkj0ch0,e0@ckyw ls 250-00mlls“kSad cukus dk dk;Z A ?kueh0Åij¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00fdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½13 ykV la0&139-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ vkj0ch0,e0@ckyw ls 250-00mlls“kSad cukus dk dk;Z A ?kueh0Åij¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00fdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½14 ykV la0&148-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00mllsÅijfdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½“krsZ&1- fufonk dz; djus ij fufonk izi= ds ewY; ij fu;ekuqlkj O;kikj dj Hkh vfrfjDr ns;gksxk A2- fufonk dh foLr`r “krsZa fufonk izi= ds lkFk miyC/k gksaxh A3- leLr fufonknkrkvksa dks lq>ko fn;k tkrk gS fd fufonk Mkyus ls iwoZ leLr foHkkxh; “krkZsadk Kku dj ysa ,oa dk;ZLFky dk fujh{k.k Hkh vo”; dj ysa A
4- fufonk izi= dks Hkyh&HkkWafr i
AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk A
lkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.
6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS55. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.
56. Is the event of the tender being su nitted by aform. I most be signed separately byeach member thare of or in the even of the absence of any partner it must thesigned on his behalf by a person holding a power of attoemy authorizing firm to doso.57. Receipt for payment made on account of work when executed by a firm must also besigned by the several partners exceipt where where the contractors are described inthere tender as a firm in which case the receipt must be signed in the name of to firmby one of the partners by same other person paying authority to give official receiptfor the him.58. Any contractor we submit is a tender shall fill up his presoribed firm form of tenderstriking out the alternative offer on page 3 if the form of not applicable to the casetenders which probase any after in action in the works specified in the form of netinviting tender in the time allowed for carrying out the works or which contract anyother conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.59. (1)The Executive Engineer or his duly authorized assistant will open tender in thepresence of any in tenting contractors who man present at the time and will ente/theamount of several tender in & comparative state in a suitable form in the event or atender opening accepted report for the eamost money form ordered here with shallthereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(8) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and deal withthem in the manner spdcified above and will submit them to the Executive Engineerfor orders. The earnest money if in current notes shall be cred ted in the cash bookand paid in to the Treasury a receipt in account From No. 3 being given in the partyshall be entered in the register of service Account Forms 85 and 86 Earnest moneyreceived notes shall be returned to unsuccessful tenders as soon as their. Tendersare rejected the usual stamp being taken.60. the accepting authority shall have the right of rejecting all or any of the tender.61. The receipt of an accountant on a clerk for the earnest money paid by the contractorwill not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong><strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeing that theproducer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.
62. The memorandum of work tendered for shall be filled in and compieted in the officeof the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form in issued.63. The amount of the earnest money should ordinary be- Rs.y) When the amount of the tender does not exceed Rs. 2,000 50z) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100aa) When exceeding Rs. 5,000 and not exceeding Rs. 10,000bb) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.
MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 7Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 450.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.Rate (Rs.)In Figure In Words
2- Collection of RBM/ Sand for makingShank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.1400.00 M 38750 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from payment
The contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.5. Tenders by firms of partnership:
Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEERLot o. 08<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..Name of contractor……………………………………………………………………………..
Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.
Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk A
lkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.
6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS64. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.
65. Is the event of the tender being su nitted by aform. I most be signed separately byeach member thare of or in the even of the absence of any partner it must thesigned on his behalf by a person holding a power of attoemy authorizing firm to doso.66. Receipt for payment made on account of work when executed by a firm must also besigned by the several partners exceipt where where the contractors are described inthere tender as a firm in which case the receipt must be signed in the name of to firmby one of the partners by same other person paying authority to give official receiptfor the him.67. Any contractor we submit is a tender shall fill up his presoribed firm form of tenderstriking out the alternative offer on page 3 if the form of not applicable to the casetenders which probase any after in action in the works specified in the form of netinviting tender in the time allowed for carrying out the works or which contract anyother conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.68. (1)The Executive Engineer or his duly authorized assistant will open tender in thepresence of any in tenting contractors who man present at the time and will ente/theamount of several tender in & comparative state in a suitable form in the event or atender opening accepted report for the eamost money form ordered here with shallthereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(9) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and deal withthem in the manner spdcified above and will submit them to the Executive Engineerfor orders. The earnest money if in current notes shall be cred ted in the cash bookand paid in to the Treasury a receipt in account From No. 3 being given in the partyshall be entered in the register of service Account Forms 85 and 86 Earnest moneyreceived notes shall be returned to unsuccessful tenders as soon as their. Tendersare rejected the usual stamp being taken.69. the accepting authority shall have the right of rejecting all or any of the tender.70. The receipt of an accountant on a clerk for the earnest money paid by the contractorwill not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong><strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeing that theproducer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.
71. The memorandum of work tendered for shall be filled in and compieted in the officeof the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form in issued.72. The amount of the earnest money should ordinary be- Rs.cc) When the amount of the tender does not exceed Rs. 2,000 50dd) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100ee) When exceeding Rs. 5,000 and not exceeding Rs. 10,000ff) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.
MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 8Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 450.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationRate (Rs.)In Figure In Words
trench as directed by Eng-in-charge.2- Collection of RBM/ Sand for makingShank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.1400.00 M 38800 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from payment
The contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period of
seven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
Lot o. 09<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..Name of contractor……………………………………………………………………………..Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………
<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>
Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar Pradesh
CERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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13 ykV la0&139-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ vkj0ch0,e0@ckyw ls 250-00mlls“kSad cukus dk dk;Z A ?kueh0Åij¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00fdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½14 ykV la0&148-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00mllsÅijfdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½“krsZ&1- fufonk dz; djus ij fufonk izi= ds ewY; ij fu;ekuqlkj O;kikj dj Hkh vfrfjDr ns;gksxk A2- fufonk dh foLr`r “krsZa fufonk izi= ds lkFk miyC/k gksaxh A3- leLr fufonknkrkvksa dks lq>ko fn;k tkrk gS fd fufonk Mkyus ls iwoZ leLr foHkkxh; “krkZsadk Kku dj ysa ,oa dk;ZLFky dk fujh{k.k Hkh vo”; dj ysa A4- fufonk izi= dks Hkyh&HkkWafr i
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AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk AlkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-
COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.
lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj snkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk ukeNote- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. Engineer
PUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS73. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.74. Is the event of the tender being su nitted by aform. I most be signed separately byeach member thare of or in the even of the absence of any partner it must thesigned on his behalf by a person holding a power of attoemy authorizing firm to doso.75. Receipt for payment made on account of work when executed by a firm must also besigned by the several partners exceipt where where the contractors are described inthere tender as a firm in which case the receipt must be signed in the name of to firmby one of the partners by same other person paying authority to give official receiptfor the him.76. Any contractor we submit is a tender shall fill up his presoribed firm form of tenderstriking out the alternative offer on page 3 if the form of not applicable to the casetenders which probase any after in action in the works specified in the form of netinviting tender in the time allowed for carrying out the works or which contract anyother conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.77. (1)The Executive Engineer or his duly authorized assistant will open tender in thepresence of any in tenting contractors who man present at the time and will ente/the
amount of several tender in & comparative state in a suitable form in the event or atender opening accepted report for the eamost money form ordered here with shallthereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(10) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and dealwith them in the manner spdcified above and will submit them to the ExecutiveEngineer for orders. The earnest money if in current notes shall be cred ted in thecash book and paid in to the Treasury a receipt in account From No. 3 being given inthe party shall be entered in the register of service Account Forms 85 and 86Earnest money received notes shall be returned to unsuccessful tenders as soon astheir. Tenders are rejected the usual stamp being taken.78. the accepting authority shall have the right of rejecting all or any of the tender.79. The receipt of an accountant on a clerk for the earnest money paid by the contractorwill not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong><strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeing that theproducer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.80. The memorandum of work tendered for shall be filled in and compieted in the officeof the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form in issued.81. The amount of the earnest money should ordinary be- Rs.gg) When the amount of the tender does not exceed Rs. 2,000 50hh) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100ii) When exceeding Rs. 5,000 and not exceeding Rs. 10,000jj) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.
TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words
……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to withshall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..
??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 9Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 550.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.2- Collection of RBM/ Sand for making 500.00 M 3Shank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/ 8200 No.Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.Rate (Rs.)In Figure In Wordsote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.
I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from paymentThe contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period of
seven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
Lot o. 10<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..Name of contractor……………………………………………………………………………..Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………
<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.
Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½4 ykV la0&04¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½5 ykV la0&05¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½6- ykV la0&0&06¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½10000-00ux2200-00?kueh010000-00ux1600-00?kueh012000-00ux1500-00?kueh09000-00ux7 ykV la0&07¼v½ vkj0ch0,e0@ckyw ls 1400-0015-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllslk0lk0lk0lk0
“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½8- ykV la0&08¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½9 ykV la0&09¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½10 ykV la0&10¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½?kueh09000-00ux1400-00?kueh09000-00ux500-00?kueh08500-00ux500-00?kueh08500-00uxÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij11-00 22-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij10-00 20-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij11 ykV la0&1113-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0lk0lk0lk0
¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½12 ykV la0&12¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½13 ykV la0&a0&13¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½14 ykV la0&14¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½“krsZ&400-00?kueh08000-00ux250-00?kueh08000-00ux250-00?kueh08000-00ux8000-00uxmllsÅij9-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij9-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij8-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0
1- fufonk dz; djus ij fufonk izi= ds ewY; ij fu;ekuqlkj O;kikj dj Hkh vfrfjDr ns;gksxk A2- fufonk dh foLr`r “krsZa fufonk izi= ds lkFk miyC/k gksaxh A3- leLr fufonknkrkvksa dks lq>ko fn;k tkrk gS fd fufonk Mkyus ls iwoZ leLr foHkkxh; “krkZsadk Kku dj ysa ,oa dk;ZLFky dk fujh{k.k Hkh vo”; dj ysa A4- fufonk izi= dks Hkyh&HkkWafr i
AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrk
gS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk AlkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract
4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS82. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoleted
to which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.83. Is the event of the tender being su nitted by aform. I most be signed separately byeach member thare of or in the even of the absence of any partner it must thesigned on his behalf by a person holding a power of attoemy authorizing firm to doso.84. Receipt for payment made on account of work when executed by a firm must also besigned by the several partners exceipt where where the contractors are described inthere tender as a firm in which case the receipt must be signed in the name of to firmby one of the partners by same other person paying authority to give official receiptfor the him.85. Any contractor we submit is a tender shall fill up his presoribed firm form of tenderstriking out the alternative offer on page 3 if the form of not applicable to the casetenders which probase any after in action in the works specified in the form of netinviting tender in the time allowed for carrying out the works or which contract anyother conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.86. (1)The Executive Engineer or his duly authorized assistant will open tender in thepresence of any in tenting contractors who man present at the time and will ente/theamount of several tender in & comparative state in a suitable form in the event or atender opening accepted report for the eamost money form ordered here with shallthereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(11) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and dealwith them in the manner spdcified above and will submit them to the ExecutiveEngineer for orders. The earnest money if in current notes shall be cred ted in thecash book and paid in to the Treasury a receipt in account From No. 3 being given inthe party shall be entered in the register of service Account Forms 85 and 86Earnest money received notes shall be returned to unsuccessful tenders as soon astheir. Tenders are rejected the usual stamp being taken.87. the accepting authority shall have the right of rejecting all or any of the tender.88. The receipt of an accountant on a clerk for the earnest money paid by the contractorwill not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong>
<strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeing that theproducer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.89. The memorandum of work tendered for shall be filled in and compieted in the officeof the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form in issued.90. The amount of the earnest money should ordinary be- Rs.kk) When the amount of the tender does not exceed Rs. 2,000 50ll) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100mm) When exceeding Rs. 5,000 and not exceeding Rs. 10,000nn) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(a) General description(b) Estimated cost(c) Earnest moneyRs.Rs.Rs.
(c) Strike out the alternative andattace Signature to it.(d) Time allowed for the work fromdated of written order to commence.MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.
The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to withshall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………
Date ……………………………… Day of …………………………200ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 10Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 525.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into theRate (Rs.)In Figure In Words
trenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.2- Collection of RBM/ Sand for makingShank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.500.00 M 38200 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.
Deduction from paymentThe contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.
5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEERLot o. 11<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..Name of contractor……………………………………………………………………………..
Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.
Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk A
lkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.
6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS91. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.
92. Is the event of the tender being su nitted by aform. I most be signed separately byeach member thare of or in the even of the absence of any partner it must thesigned on his behalf by a person holding a power of attoemy authorizing firm to doso.93. Receipt for payment made on account of work when executed by a firm must also besigned by the several partners exceipt where where the contractors are described inthere tender as a firm in which case the receipt must be signed in the name of to firmby one of the partners by same other person paying authority to give official receiptfor the him.94. Any contractor we submit is a tender shall fill up his presoribed firm form of tenderstriking out the alternative offer on page 3 if the form of not applicable to the casetenders which probase any after in action in the works specified in the form of netinviting tender in the time allowed for carrying out the works or which contract anyother conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.95. (1)The Executive Engineer or his duly authorized assistant will open tender in thepresence of any in tenting contractors who man present at the time and will ente/theamount of several tender in & comparative state in a suitable form in the event or atender opening accepted report for the eamost money form ordered here with shallthereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(12) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and dealwith them in the manner spdcified above and will submit them to the ExecutiveEngineer for orders. The earnest money if in current notes shall be cred ted in thecash book and paid in to the Treasury a receipt in account From No. 3 being given inthe party shall be entered in the register of service Account Forms 85 and 86Earnest money received notes shall be returned to unsuccessful tenders as soon astheir. Tenders are rejected the usual stamp being taken.96. the accepting authority shall have the right of rejecting all or any of the tender.97. The receipt of an accountant on a clerk for the earnest money paid by the contractorwill not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong><strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeing that theproducer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.
98. The memorandum of work tendered for shall be filled in and compieted in the officeof the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form in issued.99. The amount of the earnest money should ordinary be- Rs.oo) When the amount of the tender does not exceed Rs. 2,000 50pp) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100qq) When exceeding Rs. 5,000 and not exceeding Rs. 10,000rr) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.
MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 11Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 500.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.2- Collection of RBM/ Sand for making 450.00 M 3Rate (Rs.)In Figure In Words
Shank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.7900 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from payment
The contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.
5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEERLot o. 12<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..Name of contractor……………………………………………………………………………..
Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.
Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk A
lkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.
6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS100. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.
101. Is the event of the tender being su nitted by aform. I most be signedseparately by each member thare of or in the even of the absence of any partner itmust the signed on his behalf by a person holding a power of attoemy authorizingfirm to do so.102. Receipt for payment made on account of work when executed by a firm mustalso be signed by the several partners exceipt where where the contractors aredescribed in there tender as a firm in which case the receipt must be signed in thename of to firm by one of the partners by same other person paying authority to giveofficial receipt for the him.103. Any contractor we submit is a tender shall fill up his presoribed firm form oftender striking out the alternative offer on page 3 if the form of not applicable to thecase tenders which probase any after in action in the works specified in the form ofnet inviting tender in the time allowed for carrying out the works or which contractany other conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.104. (1)The Executive Engineer or his duly authorized assistant will open tender inthe presence of any in tenting contractors who man present at the time and willente/the amount of several tender in & comparative state in a suitable form in theevent or a tender opening accepted report for the eamost money form ordered herewith shall thereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(13) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and dealwith them in the manner spdcified above and will submit them to the ExecutiveEngineer for orders. The earnest money if in current notes shall be cred ted in thecash book and paid in to the Treasury a receipt in account From No. 3 being given inthe party shall be entered in the register of service Account Forms 85 and 86Earnest money received notes shall be returned to unsuccessful tenders as soon astheir. Tenders are rejected the usual stamp being taken.105. the accepting authority shall have the right of rejecting all or any of the tender.106. The receipt of an accountant on a clerk for the earnest money paid by thecontractor will not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeingthat the producer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.
107. The memorandum of work tendered for shall be filled in and compieted in theoffice of the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form inissued.108. The amount of the earnest money should ordinary be- Rs.ss) When the amount of the tender does not exceed Rs. 2,000 50tt) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100uu) When exceeding Rs. 5,000 and not exceeding Rs. 10,000vv) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative and(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work from
attace Signature to it.dated of written order to commence.MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 12Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 500.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.2- Collection of RBM/ Sand for making 250.00 M 3Rate (Rs.)In Figure In Words
Shank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.9000 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from payment
The contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.
5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEERLot o. 13<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..
Name of contractor……………………………………………………………………………..Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.
Article III- Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt ofnotice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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MkmuyksM dh tk ldrh gS A fdUrq bldh ykxr lEcfU/kr vf/k”kklh vfHk;Urk ds uke jk’Vªh; cSadls fuxZr MªkV ds :Ik esa fufonk izi= ds lkFk I.D.T-1, I.D.T.-2, I.D.T.-3 o vU; izi=@vfHkys[kksa dslkFk layXu fd;k tkuk vfuok;Z gksxkA osclkbV ls Mªkbax miyC/k u gks ldus dh fLFkfr esa oslEcfU/kr vf/k”kklh vfHk;Urk ds dk;kZy; esa Mªkbax vkfn izkIr dj ldsaxs A osclkbV ls MkmuyksMdj izkIr fd;s x;s fufonk izi= vkSj lEcfU/kr vf/k”kklh vfHk;Urk ds dk;kZy;ksa esa fcdzh ds fy;smiyC/k fufonk izi= esa ;fn dksbZ fHkUurk gks rks bu dk;kZy; esa miyC/k fufonk izi= gh ekU;gksxkAdz0la0dk;Z dk uketuin&Å/keflag uxj esa fdPNk cSjktds viLVªhe esa nka;s fdukjs ijth0bZ0vks0cSx esa vkj0ch0,e0@ckywHkjdj e”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax ,izsu ,oa Lijesa yxkus dk dk;Z A¼th0bZ0vks0cSx dh ykxr jfgr½1 ykV la0&01¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax ,izsu,oa Lij esa yxkus dk dk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½2 ykV la0&02¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½3 ykV la0&03¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdj7800ux3100-00?kueh010000-00ux2700-00?kueh010000-00uxdk;Z dh/kjksgjvuqekfur/kujkf”kykxr¼gtkj¼yk[k :0:0esa½eas½dk;Z dksfufonk izi= dk ewY; iathd`riw.kZ djusJs.khdh vof/k8-00 16-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij17-00 34-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij16-00 32-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijvH;qfDrlk0lk0lk0
e”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½4 ykV la0&04¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½5 ykV la0&05¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½6- ykV la0&06¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½7 ykV la0&07¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esa2200-00?kueh010000-00ux1600-00?kueh012000-00ux1500-00?kueh09000-00ux1400-00?kueh09000-00ux15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
vkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½8- ykV la0&08¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½9 ykV la0&09¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½10 ykV la0&10¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½11 ykV la0&11¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s1400-00?kueh09000-00ux500-00?kueh08500-00ux500-00?kueh08500-00ux400-00?kueh08000-0013-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij11-00 22-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij10-00 20-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
fdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½12 ykV la0&129-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ vkj0ch0,e0@ckyw ls 250-00mlls“kSad cukus dk dk;Z A ?kueh0Åij¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00fdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½13 ykV la0&139-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ vkj0ch0,e0@ckyw ls 250-00mlls“kSad cukus dk dk;Z A ?kueh0Åij¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00fdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½14 ykV la0&148-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oa lk0¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;s 8000-00mllsÅijfdukjs ij th0bZ0vks0cSx esa uxvkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½“krsZ&1- fufonk dz; djus ij fufonk izi= ds ewY; ij fu;ekuqlkj O;kikj dj Hkh vfrfjDr ns;gksxk A2- fufonk dh foLr`r “krsZa fufonk izi= ds lkFk miyC/k gksaxh A3- leLr fufonknkrkvksa dks lq>ko fn;k tkrk gS fd fufonk Mkyus ls iwoZ leLr foHkkxh; “krkZsadk Kku dj ysa ,oa dk;ZLFky dk fujh{k.k Hkh vo”; dj ysa A
4- fufonk izi= dks Hkyh&HkkWafr i
AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk A
lkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS AVs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.
6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS109. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.
110. Is the event of the tender being su nitted by aform. I most be signedseparately by each member thare of or in the even of the absence of any partner itmust the signed on his behalf by a person holding a power of attoemy authorizingfirm to do so.111. Receipt for payment made on account of work when executed by a firm mustalso be signed by the several partners exceipt where where the contractors aredescribed in there tender as a firm in which case the receipt must be signed in thename of to firm by one of the partners by same other person paying authority to giveofficial receipt for the him.112. Any contractor we submit is a tender shall fill up his presoribed firm form oftender striking out the alternative offer on page 3 if the form of not applicable to thecase tenders which probase any after in action in the works specified in the form ofnet inviting tender in the time allowed for carrying out the works or which contractany other conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.113. (1)The Executive Engineer or his duly authorized assistant will open tender inthe presence of any in tenting contractors who man present at the time and willente/the amount of several tender in & comparative state in a suitable form in theevent or a tender opening accepted report for the eamost money form ordered herewith shall thereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(14) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and dealwith them in the manner spdcified above and will submit them to the ExecutiveEngineer for orders. The earnest money if in current notes shall be cred ted in thecash book and paid in to the Treasury a receipt in account From No. 3 being given inthe party shall be entered in the register of service Account Forms 85 and 86Earnest money received notes shall be returned to unsuccessful tenders as soon astheir. Tenders are rejected the usual stamp being taken.114. the accepting authority shall have the right of rejecting all or any of the tender.115. The receipt of an accountant on a clerk for the earnest money paid by thecontractor will not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeingthat the producer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.
116. The memorandum of work tendered for shall be filled in and compieted in theoffice of the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form inissued.117. The amount of the earnest money should ordinary be- Rs.ww) When the amount of the tender does not exceed Rs. 2,000 50xx) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100yy) When exceeding Rs. 5,000 and not exceeding Rs. 10,000zz) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative and(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work from
attace Signature to it.dated of written order to commence.MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 13Bill of QuantityS.o.Item of Work Qty. Unit1- E/W in excavation in ordinary soil 500.00 M 3(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into thetrenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.2- Collection of RBM/ Sand for making 250.00 M 3Shank including all cost of materiallabour T&P Taxes, royalty loading,unloading and Stacking etc complete.Rate (Rs.)In Figure In Words
3- Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost ofmaterial G.E.O. material for seiwing,labour T&P, Taxes loading, unloadingand stacking etc complete.7700 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from paymentThe contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along with
sum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange.CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period of
seven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
Lot o. 14<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong><strong>Office</strong> of Executive Engineer<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong> <strong>Bareilly</strong><strong>Irrigation</strong> <strong>Department</strong>, Uttar Pradesh, <strong>Bareilly</strong>.Tender Document/Agreement formAgreement No……………………………………………………………………………...…..
Name of contractor……………………………………………………………………………..Telefphone No. <strong>Office</strong>…………………WorkShop……………………Resi…………….……Full Address………………………………………………………………………..…………..Date of Start……………………………………………………………………………………Due Date of Completion…………………………………………………………………….….Estimated Cost…………………………………………………………………………..……..Earnest Money………………………………………………………………………….………<strong>Irrigation</strong> <strong>Department</strong>, U.P.<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Tender DocumentActivities1- Date of Receipt of Tenders…………………………………2- Date of opening of tenders…………………………………3- Period of Completion………………………………………
<strong>Rohikhand</strong> <strong>Canal</strong> <strong>Division</strong><strong>Bareilly</strong>Contract BondThis AGREEMENT Made this…………………………….…day of ……….…..year………. between the Governor of Uttar Pradesh (Hereinafter called the Government)represented by the ………………………………………………….on the one part andShri/M/S…………………………………………………………… (hereinafter called thecontractor) on the other partWHEREAS The Government of Uttar Prades is Undertaking the Construction offollowing Wors for ……………………………………….in District ……………….UttarPradesh (hereinafter called the works) …………………………………………………...................................................................................................................................................AND WHEREAS the contractor has agreed to undertake the construction andexecution of the said works as per condition of contract, Technical provision and drawinghereafter.Now THEREFORE, it is agreed between the parties as follows:-Article 1-Article II-SCOPE OF WORKS The Contractor shall perform faithfully everythingrequired to be performed and shall furnish all the labour, materials tools andequipment required to perform and complete in a workman like manner all thework covered by the contract document in strict accordance with the drawingand condition of contract, technical provision including annexures and list ofcorrection and amendment to drawing and condition of contract and technicalprovision which are part of this contract and in strict compliance with thecontract document shall do everything required by this contract and the otherdocument constructing a part thereof.Payments- The Government will have sufficient funds in Indian currency forthe execution of the works and will pay the contractor in Indian currency forthe satisfactory performance of this contractor and in accordance with theprovisions embodies in the documents made a part of this contract.Article III-Time of completion- the work to be performed under this contract shall becoomeced by the contractor within……………..day of the date of receipt of
notice with the works and shall be deligently proseduted and completed readyfor handing over to the Engineer In Charge before …………………..monthfrom the date of noice to commece work.Article IV- Component parts of the contract – This contract of This following componentpart all of which are as fully a part of this contract as if here in setout verbatimor if not attached as if here attached.Part- I (I) Contractors Warranty.(II) Schedule of quantities and bidsPart- II Condition of ContractPart- III Technical Provision & specificationPart- IV Drawings – As Stated Technical Specification and provisions.WitnessSignature by contractor1-…………………2-…………………WitnessSignature by1-…………………for and on behalf of the government2-…………………of Uttar PradeshCERTICATE OF DIVISIOAL ACCOUTS OFFICERCerticate that the tender document of this Agreement No……….../E.E./A.E./DatedThe construction fo work……………………………………………………………Containing pages from………………………………to……………………….haveexamined by me in respect of financial rules and according to P.W.A. code.DIVISIOAL ACCOUTS OFFICER
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dk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½4 ykV la0&04¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½5 ykV la0&05¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½6- ykV la0&06¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½7 ykV la0&07¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax2200-00?kueh010000-00ux1600-00?kueh012000-00ux1500-00?kueh09000-00ux1400-00?kueh09000-00ux15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij15-00 30-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½8- ykV la0&08¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½9 ykV la0&09¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½10 ykV la0&10¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½11 ykV la0&11¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad ds1400-00?kueh09000-00ux500-00?kueh08500-00ux500-00?kueh08500-00ux400-00?kueh08000-00ux13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij11-00 22-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij10-00 20-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij13-00 26-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅijlk0lk0lk0lk0
Lyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½12 ykV la0&12¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½13 ykV la0&13¼v½ vkj0ch0,e0@ckyw ls“kSad cukus dk dk;Z A¼c½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½14 ykV la0&14¼v½ Å/keflag uxj esa fdPNkcSjkt ds viLVªhe esa nka;sfdukjs ij th0bZ0vks0cSx esavkj0ch0,e0@ckyw Hkjdje”khu ls flykbZ dj “kSad dsLyksi ij fifpax] ykWafpax,izsu ,oa Lij esa yxkus dkdk;Z A¼th0bZ0vks0cSx dh ykxrjfgr½250-00?kueh08000-00ux250-00?kueh08000-00ux8000-00ux9-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij9-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij8-00 18-00 Ms< ekg 225-00$13-5%VAT Lkh ,oamllsÅij“krsZ&1- fufonk dz; djus ij fufonk izi= ds ewY; ij fu;ekuqlkj O;kikj dj Hkh vfrfjDr ns;gksxk A2- fufonk dh foLr`r “krsZa fufonk izi= ds lkFk miyC/k gksaxh A3- leLr fufonknkrkvksa dks lq>ko fn;k tkrk gS fd fufonk Mkyus ls iwoZ leLr foHkkxh; “krkZsadk Kku dj ysa ,oa dk;ZLFky dk fujh{k.k Hkh vo”; dj ysa A4- fufonk izi= dks Hkyh&HkkWafr i
5- dk;ZLFky dh vko”;drkuqlkj dk;Z dh ek=k ?kVkbZ&c
AGREEMET(To be submitted on General Stamp paper of Rs. 100.00 only with a Revenue stamp of Rs. 1.00)Bsdsnkj }kjk Vs.Mj fn;s x;s nj dh oS|rk ds lEcU/k esa xkj.Vh@vuqcU/k Afdlds }kjk Vs.Mj vkefU=r fd;k x;k-----------------------------------------------------------------------------------------------------fdl lIykbZ vFkok dk;Z ds fy;s----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Vs.Mj uksfVl la[;k ,oa fnukad--------------------------------------------------------------------------------------------------------------------Vs.Mj nkrk dk uke------------------------------------------------------------------------------------------------------------------------------------------mRrj izns”k ds jkT;iky }kjk Vs.Mjnkrk dks mlds Vs.Mj ij fopkj djus ds lEcU/k esaik= O;fDr eku fy;s tkus ds QyLo:Ik Vs.Mjnkrk ,rn~}kjk bu “krksZa ij viuh lgefr nsrkgS fd og mijksDr Vs.Mj vkefU=r fd;s tkus ds izR;qRrj esa Hkstk x;k viuk izLrko Vs.Mj[kksys tkus ds fnukad ls 3 ekl ¼90 fnu½@4 ekl ¼120 fnu½ ds Hkhrj okil ugha ysxk AlkFk gh bl “krZ ij Hkh viuh lgefr nrk gS ;fn Vs.Mj izLrqr djus ds cknVs.Mjnkrk mDr vof/k ds Hkhrj viuk izLrko okil ys ysrk gS] rks muds }kjk tek dh x;hc;kus dh /kujkf”k mRrj izns”k “kklu ds foosdkuqlkj tCr dh tk ldrh gS A
Vs.Mjnkrk ,rn~}kjk bl ckr ds fy;s lger gS fd ;fn viuk Vs.Mj izLrqr djus dsckn og vius Vs.Mj esa dksbZ la”kks/ku] ifjorZu vFkok vad”kks/ku djsa] tks foHkkx dks Lohdkj ugks iwokZfUNr “krkZsa ds iz;kstukFkZ ;g le>k tk;sxk fd Vs.Mjnkrk us viuk izLrko okil ysfy;k gS Avkt fnukad --------------------------------------------------------dks gLrk{kj fd;k x;k AgLrk{kj lk{kh iw.kZ irkgLrk{kj Vs.Mjnkrk1- irk2-COTRACTOR WARRATYThe Executive Engineer, Rohilkhand <strong>Canal</strong> <strong>Division</strong>, <strong>Bareilly</strong> having invited tender for theexecution of the various works in construction of spur U/S of Kichha Barrage Km………to Km……in Distt. U.S.Nagar and M/S…………………………..here inafter reffered to as the contractor beingdesirous for tendering for the works for which the above mentioned tenders have been invited andhaving and site conditions as given in the general condition of contractor.DO HEREBY WARRATY THAT1- The contractor is familliar with requirement of the contract.2- The contractor has investigated the site and satisfied himself regarding the character of thework and local conditions that may affect the work on its performance.3- The contractor is satisfied that the work can be performed and completed as required in thecontract4- The contractor accepts all risks directly of indrictly connected with the performance of thecontract.5- The contractor had no collusion with contractors or with any of the men of the Engineer inCharge but only by the contract document.6- The contract is financially solvent.7- The contractor is experienced and competent to perform the contract to the satisfaction of theEngineer in Charge.
8- The Statement submitted in the bids are true.9- The contractor is familiar with all general and special laws 1, acts ordinances rules andregulations of the municipal, Distt. State & Central Government that may affect the work, itsperformance of personnel employed therin.lEcfU/k;ksa ds lEcU/k esa ?kks’k.kk&i= AeSa----------------------------------------------------------------------------------------------------vkRet Jh----------------------------------------------------------fuokl------------------------------------------------------------------------------------------ftyk---------------------------------------------------------------------;g ?kks’k.kk djrk gwWa fd flapkbZ foHkkx mRrj izns”k esa esjs fuEu lEcU/kh muds uke ds lEeq[kvafdr inksa ij dk;Zjr gSa rFkk blds vfrfjDRk esjk dksbZ lEcU/kh flapkbZ foHkkx] mRrj izns”kesa dk;Zjr ugah gS A ;fn vuqcU/k dh vfo/k esa dksbZ Hkh lEcU/kh flapkbZ foHkkx] mRrj izns”k esalsokjr gks tk;s rks muds lwpuk iw.kZ fooj.k lfgr nh tk;sxh Adz0la0uke lEcU/khBsdsnkj lsin ftl ijfu;qfDr dk LFkku ,oalEcU/kdk;Zjr gS[k.M vkfn dk uke
Note- The following is the definition of relatives:Father, mother, Sister, Brother, Brother In Law:Son, Daughter, Father in law, Mother in law:First Cousin of Self, Wife Duaghter in lawThe list is not exhaustive but illustrativeSig. of ContractorSig. Executive/Asst. EngineerPUBLIC WORKS DEPARTMENT, UTTAR PRADESHI.D.Form No.112..<strong>Division</strong> Sub <strong>Division</strong>Item or Percentage Rate Tender of ConstructorsName of Work..Name of Work..GERNERAL RULES AND DIRESCTORS FOR THE GUIDANCE OF CONTRACTORS118. All works proposed execution by contract will be notified in a formof invitation to tender passed on bond hang up in the office of andsigned by Sub-<strong>Division</strong> <strong>Office</strong>rs (Executive Engineer)The form wid state the work to be carried out as wall as the date for submittedand opening tenders and the time allowed for carried out the work also the amountof earnest money to be deposited with the tender and amount of security depositedby the successful tender and the percentage if any to be deducted from the bill thisset of contract documents consisting a various items of works and a from of theprinted conditions contract together to be used signed or the purpose of identification/sub divisional office Executive Engineer and approved by the authority comoletedto which the contract shall be available for public inspection at the office or subdivisional(office) Engineer during the office hours.119. Is the event of the tender being su nitted by aform. I most be signedseparately by each member thare of or in the even of the absence of any partner itmust the signed on his behalf by a person holding a power of attoemy authorizingfirm to do so.
120. Receipt for payment made on account of work when executed by a firm mustalso be signed by the several partners exceipt where where the contractors aredescribed in there tender as a firm in which case the receipt must be signed in thename of to firm by one of the partners by same other person paying authority to giveofficial receipt for the him.121. Any contractor we submit is a tender shall fill up his presoribed firm form oftender striking out the alternative offer on page 3 if the form of not applicable to thecase tenders which probase any after in action in the works specified in the form ofnet inviting tender in the time allowed for carrying out the works or which contractany other conditions of any sort not filed up in English or not condompanied by thedeposit of enemy certified will be fiable to relfection tenders shall have the name ofthe work to which the refer written putside the envelope.122. (1)The Executive Engineer or his duly authorized assistant will open tender inthe presence of any in tenting contractors who man present at the time and willente/the amount of several tender in & comparative state in a suitable form in theevent or a tender opening accepted report for the eamost money form ordered herewith shall thereupon be give to the contract who shall thereupon for the purpose ofidentification sign copies or the specification and other documents mentioned rule inthe event of tender during. rejected the earnest money forwarded with the such aaccepted tender shall thereupon be returned to the contractor making the same.(15) When tenders are received by the Sub <strong>Division</strong> <strong>Office</strong>r he will open and dealwith them in the manner spdcified above and will submit them to the ExecutiveEngineer for orders. The earnest money if in current notes shall be cred ted in thecash book and paid in to the Treasury a receipt in account From No. 3 being given inthe party shall be entered in the register of service Account Forms 85 and 86Earnest money received notes shall be returned to unsuccessful tenders as soon astheir. Tenders are rejected the usual stamp being taken.123. the accepting authority shall have the right of rejecting all or any of the tender.124. The receipt of an accountant on a clerk for the earnest money paid by thecontractor will not be considered as any acknowledgement of payment to the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer and the contractor shall be responsible or seeingthat the producer 3 a receipt signed by the Sub-<strong>Division</strong> <strong>Office</strong>r/ Executive Engineer.125. The memorandum of work tendered for shall be filled in and compieted in theoffice of the Sub-<strong>Division</strong> <strong>Office</strong>r Executive Engineer before the tender form inissued.126. The amount of the earnest money should ordinary be- Rs.
aaa) When the amount of the tender does not exceed Rs. 2,000 50bbb) When exceeding Rs. 2,000 and not exceeding Rs. 5,000100ccc) When exceeding Rs. 5,000 and not exceeding Rs. 10,000ddd) for each additional Rs. 6,000 or dortion of Rs. 500 a future sum of 100Such earnest money shall be deposited by the contractor in Government treasury orsub-treasury as laid down in paragraphs 340 (b) (1) 344 and 345 (b) or the Financial HandbookVolume V, Part I Account Rates and the receipted treasury challan attached to thetender.NOTE:- The <strong>Office</strong>r calling for tender may in special cases where it would beinconvenient for tenders to deposit money, into Government treasury, relax tee rule andpermit contractors to deposit earnest money with him a each or currency notes up to limit,Rs. 100 instead of into a treasury. Such deposit should be treated as “Public Works<strong>Department</strong> Deposit”.TENDER FOR WORKHere tender for the execution for the Government or Uttar Pradesh thework specified in the under written memorandum with in the time specified ineach memorandum at the rate specification designs drawings and instructionIn witting refered te in the reule here of and in clause 2 of and conditions ofcontract and with such materials as are provided for by and in all otherrespects in accordiance with such conditions of fores applicable.MEMORANDUM(a) If several with works are includedthey should be detailed in a separatefirst .(b) Vide rule 9 en page 8.(c) Strike out the alternative andattace Signature to it.(a) General description Rs.(b) Estimated costRs.(c) Earnest moneyRs.(d) Time allowed for the work fromdated of written order to commence.
MonthsItem No.As per schedule“A” AttachedItem ofworkApproximate number ofquantityUnit Per(3) Tendered Rate(3) Sanctionedin figureRs. P.in words……………………………………… tender of ……………………………………. percent abovethe ratesI of we centers above.Strike out thealternative andattach signature to it. tender at the aboveShould the tender be accepted . her byagreed to abide by any full fill all the terms and provision or the conditions orcontract anneoed to the approved set of contract nocuments or in defari thereto there if and pay to of Governor U.P. or his successors-in-office the some ofmoney mainfioned in the said conditions.The sum Rs. . in here write for dedin currency onher notesGive particulars as earnest money the full value to with
shall be retained by Govt. on account number of the security depist specifiedin clause of the said conditions of contract.Date the day of ?Signature of the witness to contractor’ssignature of contractor before submission or tender.Witness Address ...Occupation ..Date .. Su- <strong>Division</strong>al <strong>Office</strong>rSub- <strong>Division</strong> Here enterRecommendedof Non-RecommendedSignatureDate .. Executive Engineer .. <strong>Division</strong>..??........................................................................... Signature andOfficial designationofDate Executive Engineer .the acceptingautority.<strong>Irrigation</strong> workThe should tenders here accepted by me on behalf of the Governor of UttarPradesh……………………………………………………………………………………………………………………………………………………Date ……………………………… Day of …………………………200
ROHILKHAD CAAL DIVISIO, BAREILLYS/E for Construction of SPUR o. 1 By G.E.O.Bag filled with R.B.M./Sand U/S, R/B of KichhaBarrage in Udham Singh agar District.Lot o. 14Bill of QuantityS. o. Item of Work Qty. Unit1 E/W in excavation in ordinary soil(Loam clay or sand) including lift upto1.50 m and lead upto 30.00 m andincluding back filling, watering,ramming of excavated earth into the600.00 M 3Rate (Rs.)In Figure In Words
trenches or into the space betweenstructure and the sides of foundationtrench as directed by Eng-in-charge.2 Providing G.E.O. Bag, Filling R.B.M/Sand into it, seiwing, placing, laying ofG.E.O. bag including all cost of materialG.E.O. material for seiwing, labourT&P, Taxes loading, unloading andstacking etc complete.7500 No.ote.- G.E.O. Bag shall be issued to contractor by the Deparment free of cost. Damages or lost ofG.E.O. Bag by the Conractor, The Cost of G.E.O. Bag Shall be recorvered from cotractor atthe Panel rate.J.E.A.E.I.D. FORM NO. 111 (REVISED)CONDITION OF CONTRACT(Amende vide G.O. No. 5479/la0 [k@81-23(C-38)M/79 Date Nov. 1981)CLAUSE 1. Further Deposit -The person or person whose tender is accepted (here in after called thecontractor) Shall within one week after his or their tender has been accepteddeposited with the government of Uttar Pradesh (here in after called the("Government") either in cash or in securities as provided in paragraphs 614and 515 of the financial Hand book. Volume VI, Such sum as will the earnestmoney deposit with the tender amount to Rupees and where andsecurity so deposited is not payable to bearer the contractor shall endores ortransfer it to the said Government in such a manner that the sum representedby in can be realised without the consent or assistance of the contractor.Deduction from payment
The contractor shall also permit Government at the time of making anypayment to him for work done under the contractor a deduct of allmoney so payable account of security deposit until such deduction along withsum already deposited as earnest money to be adjusted in the last deductionswill amount security deposit 10% of the total cost of agreement shall of
deposited as security (including earnest money) at the time of agreement.
if the security is furnished in the form of guarantee bonds the contractorundertakes to renew or to furnish fresh guarantee to cover the period of timeextension. If any of failure on his parts to do a shall be considered as a breachof this contract and without prejudice to any other remedy provided in theseconditions the Engineer - in charge shall have right to with held payment anddeduct the entire security amount form any money becoming payable tocontractor.The amount of the security money shall if not with held on account of breachof contract be refunded after 5 month of the date of completion of work or afterpayment of final which ever is later subject to the condition that is case ofbuilding work of the first rains season comprising of months of June, August &September in not fully covered with in the period of 6 months mentionedabove. the amount of security money if not with held on account breach ofcontract be refunded after the expiry of the first rainy season comprising of themonths mentioned above or the payment of the final bill which ever is later.Provided that in case the payment of the final bill is not made within sixmonths of the completion of the work 75% of the amount of security moneycan be refunded with the prior approval of the authority next higher to theperson accepting the contract on behalf on the Government.All compensation on or other sums or money payable by the contractor togovernment under the terms of his contract may be deducted from or realizedby the sale of a sufficient part of his security deposit or from the interestarising there from or any sums which may be due to become due tocontractor by Government or on any account whatsoever and in the eveny ofhis security deposit being reduced by reason of any such deduction or sale asafrosaid the contractor shall within the days there after made good in cash orGovernment securities endorsed as afrosaid any sums which may have beendeducted from or raised by sale of his security deposit or any part there of.Explanation:
For the purpose of this clause if the work under this contractor includesconstruction or repair of any structure having roof over it, the whole work willbe called as building works.CLAUSE - 2 (A)Time is the essence of the contract. The contractor shall commence and shallcomplete the work covered by the tender, on date fixed by the Engineer for the commoncement and completion of such work and in theinterval between those date keep the work up to the schedule of quantitiesand date shown in the progress statement to be signed by the contractor andattached to the tender if the work fails in arrears the progress statement inquantity on in time than every day that the work is so arrears the contractorshall the liable to pay as compensation an amount equal to or such smalleramount as the . Engineer whose decision in Writing shall be finally)may decide on the estimated cost of whole work provided always that theentire amount of compensation to be paid under the provisions of this clauseshall not exceed ten exceed ten persent of the estimated cost of the work asshown in the tender.CLAUSE 2 (B) To be used instead of the letter is from the nature of the worksimparacticableCLAUSE 2 (B) Compensation for delayTime is the essence of the contract. The contractor shall commence an shallnot complete the work within the period specified in the tender. such periodshall be recknowed from the date on which the order to commence work isgiven to the contractor the contractor shall at times during such periodproceed with work with due deligance and he shall pay as compensation anamount equal to one percent or such smaller amount as the .. Engineer(Whose decision in writing shall be final) may that the work remainsuncomenced, or unfurnished after the proper, date and further in order toensure good progress during the execution of the work the contractor shall bebound in all cases in which the time allowed for any work exceed on month tocomplete on fourth of the value or quantities (is the . Engineer my
determine) of the whole of work before one half one fourth of the whole timeallowed under the contract has elapsed ! one half of the value of Quantity asthe . Engineer may determine of the work before one of such timehas elapsed and three- fourth of time has elapse. if the contractor fails tocomplete with this condition he shall be liable to pay an compensation anamount equal to one percent of such smaller amount as the Engineer(Whose decision in writing shall be final) may decide on the said estimatedcost of the whole for everyday that the quantity of work remains incomplete.Provided always that the entire amount of compensation to be paid under theprovisons of this clause shall not ten perent on the estimated cost of the workas shown in the tender.CLAUSE 3 (1) Action by which whole security deposit is forfeited:If any case in which under any clause the contract the contractor shall haverendered him self liable to pay compensation to the whole of his securitydeposit (wheather paid in one sum or deducted by instalments) the Engineer shall have power to adopt such of the following courses as he maydeem best(a) He may rescine the contract by giving the contractor days noticeof desession signed by the ..Engineer as compensation for the losscaused by the conractor's default.(b) He may after giving contractor .. days notice in writing of hisintention to do so measure up the work done by the contractor & then employand any labours and supply or procure materials and carry out all or any partof the work himself on behalf of Government debting the contractor with actualcost crediting him at the contract rates with the value of the work so done, andmay postpone till completion of the work. so taken over Assessment of thecompensation to be paid by the contractor if any work is so taken over by the Engineer the certificate is writing of the Engineer or of theas to its cost and Value be final and conclusive against the contractor.(c) He may after giving the contractor days notice in writing of hisintention to do so measure up the work done by the contractor and taken the
work out or his hands and give a contract for its completion to anothercontractor and may postpone till complition of the work the assessment of thecompensation to be paid by the orignal contractor. if the .. Engineerelects to give the completion of work to another contractor, the orignalcontractor The original contractor shall pay any expenses which may beincurred in excess of the sum which would have been paid to him if the workhad been carried out by him and a certificate in writing of the .Engineer or of by .. the shall be final and coclusive as against theoriginal contractor as to the amount of any such expenses.(2) If the Engineer does not desire to do so the work the contractorshall not be entitled to compensation for any loss sustained by him by reasonof his having purchased or procurred any materials or entered in to anyengagements or made any advances or amount of with a view to theexecution of the work of the performance of the contract. and shall not beentitled to recovered or be paid or be given credit for any work there foreactually performed by him under this contract unless and until the ExecutiveEngineer or the sub-<strong>Division</strong>al officer acting under this order shall theperformance of such work and the value there of the contractor shall only beentitled to be paid the value as so certified(3) if upon any occasion the Engineer abstains from exercising thepower to him by this clause the such abstention shall not prevent him fromexercising of such power upon a subsequent occasion if the contractor againmakes default nor shall such abstention absolve the contractor from libility tcpay compensation for any default which he may have made.CLAUSE 4 - Contractor remain liable to pay compensation if action not takenunder caluse 3 power to take passion of or require removal of or sellcontractor's plant:If the .. Engineer excercise any of the powers giving to him byclause 3 he may if he so desire take possession of all or any tools plantsmaterial store in or upon the work or the site there of and belonging tocontractor or procured by him and indented to be used for the execution of
work any part there of any pay or allow the contractor of or procured to beused for the execution to work or any part there of and pay or allow thecontractor of or procured to be I.:sed for the execuhon to work or any part'ft'reof and payor allow the contractor for the same at the contract rates or Inthe case these not being applicable, at current market rates to be certified bythe Engineer, whose certificate . there of shall be final, and ittheEngineer does not desire to do so, the .. Engineer may,give notice in wirtting to the contractor of his clerk. if the work. foreman otherauthonzed agent him to remove such tools & paints, materials or stores fromthe permision (within a time to be specified In such notice). and if thecontractor fails to comply with any such requisition the .. Engineermay remove at the certificate of the Engineer as to expenses ofany such remove and the amount cf the proceed and expenses of any suchshall be final and conclusive the contractorCLAUSE 5 -Extension of time.If the contractor desire an extension of the time for completion of the work ongrounds of any unavoidble hindrance to its execution having arisen. he shallapply in writting to the Engineer - in- charge who If in his opinion reasonableground are shown there fore. shall extend this limit upto period six monts or50% of time limit provided as time of completion whichever is less andtherefore, authorize extension as may, in his opinion be necessary of proper.CLAUSE 6 - FinalCertificates.On completion of the work the contractor shall send a registered letter toSub-<strong>Division</strong>al <strong>Office</strong>r (here - in - after called Engineer - in- Charge) givingthe date of completion and shall also send a copy of such notice to theExecutive Engineer and shall request the Engineer - In- Charge to give him acertificate of completion. No such certificate will be given not shall not thework be considered to be complete until the contractor has removed from thepremises on which the work has been executed all scalfolding surplusmaterials and rubbish, and cleaned all wood-work door windows. walls,
floors or other parts of any building in upon or about which the work hasbeen executed or of which he may have had possesson for the purpose ofthe execution thereof, and if the contractor fails to do so on or before thedate fixed for completion of the work the Engineer - in - Charge may to doso, and may sell such scaffolding and material as have not been removed bythe contractor and the contractor shall forthwith pay all expenses so incurredand shall have no claIm in respect of an such scaffolding, surplus material asaforesad except for any sum actually relized by the sale thereof oncompletion the work shall be binding and conclusive against the contractor.CLAUSE 7 - Payment on intermediate certificate to be regarded asadvances.In the case of work estimated to cost more then rupees one thousand, thecontractor shall, on submitting the bill thereof to be entitled to received amonthly payment proprotion are to the part thereof then approved for suchpurpose by the Engineer - in- charge. whose certificate of approval andpassing of the sum payable shall be final and conculsive aginst thecontractor but any such payment will only be made as advances to.becredited to Government In the final settlement of accounts with thecontractor and not as payment for work completed to Govemment in the finalsettlement of account; with the contractor and not as payment for workcompleted and passed and the making or any such payment shall not eitherpreculded the Executive Engineer or Sub-<strong>Division</strong>al <strong>Office</strong>r from requiringthe contractor remove or unreconstructed of re-erect any work on the groundthat such work is bad, unsound, imperfect to unskilled or preventGovernment from enforcing & claim against the contractor on account of anydefacult by him or conclude. determine or affect in any way the powers of thehave certified writting Engineer - in- charge under these conditions or any ofthem as to th e final settlement and adjustment of the account or otherwiseor in any other way very or affect the contractor. The Engineer-in-charge'scertificate of the measurement and of the total amount payable for the workshall be final and binding on all parties.
CLAUSE 8 - Inability to complete on all parties.If the contractor abandone, or is unable to complete the work, the :---Engineer may certify in writting the value of the work done by the contractortowards the completion of the contract Such a certificate shall be finalconclusinve against the contractor and he will not be paid more than thevalue of such work as so certified in respective of the contract rates.CLAUSE 9 - Lump sum in estimates.When the estimate on which a tender in made includes lump sum in respectof parts of the work the contractor shall be entitle to payment in respect ofthe items of the work involved or the part or work In question at the samerate are payable under this contract for other such itmes of work unless theof work question in not in opinion of the Engineer-in-charge, capable ofmesurernent in which case the engineer in charge. may pay such lum sumas the may determine to be the value thereof and the certificate in writting ofthe Engineer-incharge shall be final and conclusive against contractor as tothe basis upon which payment is to be made in such cases and as theamount to be made in such case and as the amount to be paid.CLAUSE 10 - Bills to be submitted monthlyEvery month on or before a date to fixed by the Engineer-in-charge thecontractor shall so required submit a bill for all executed works by him duringthe previous month and the Engineer-in-charge shall take of cause to betaken all measurement necessary for checking the contractors bill andadjusting him claim as speedily as possible. If the contractor does not submithis bill within the time so fixed the Engineer in Charge may after giving thecontractor .. day notice in writting measure or depute some on etc.measure such work in the presence of the contractor. If the contractor fails toattend. when such measurement shall be binding on him, and if the attendsbut refuses to sing the list of measurments the matter shall be referred to beEngineer-in-charge whoes decision shall be binding on the contractor.CLAUSE 11 - Bills to be printedforms.
The contrator shall submit all bill on the printed from which will be supplied tohim at the office of the Engineer-in--charge and all items in such shall becharged at the rates specified in the tender or in the case of any extra workordered in pursuance of these condition and not mentioned or provided for inthe tender at the rates here in after provided in such work.CLAUSE 12 - Stores supplied by the Government.If the specification of estimate of the work provides the use of any specialdescription or materials to supplies from the Engineer-in-charge (suchmaterials & stores & for the convenience of the contractor specified in theSchedule here to annexed but not so in any way to control the meaning oreffect of the contractor) the contractor shall be supplied with which materialand stores as may from time to time required at the rates specified in the saidSchedule or if no rates is so specified at cost price as defined caluse 12thereof.All materials so supplied to the contractor will become the property of thecontractor but shall not on any account be remove from the site of the workuntil the work is certifed to be completed by the Executive Engineer exceptwith the written permission of the Executive Engineer and shall at all times beopen inspection by the Engineer-in-charge. The executive Engineer, shallhowever have the option to take over any such material, if unused at time ofthe completion or termination of contract at the specfied issue rate or currentmarket rate, whichever is less:CLAUSE 12 (A)In case where the contractor is himself to supply the material he must obtainthe articles reguired for the consturction of the work from the firms withDirector of industries made arrangement while in the case of materials forsupply for which not such arragements have been made by the Director oftest the materials supplied by the contractor must confirm to suchspecification and/or testCLAUSE 12 (B)Provided always that contractor shall not be entitled any compensation for
damages coused or loss sustained by him to or supply of materials of storethe Engineer-in-chargeCLAUSE 13.-All articles required by the contractor for the construction of the work andwhich the contrctor is to supply himself, shall be obtained by the contractorfrom the firms with which the director of industrires has made arrangementsand if for the supply of any acrticles on such arrangements have been madeany such articles supplied by the contractor shall confirm to suchspecification and/or test. if any as may be prescribed by the Director ofIndustiries in consultations with the consuming departmentCLAUSE 14 - Stores imported from Europ to be obtained from Government.The contractor obtaine from the stores or the Engineer-in-charge: All suchimporte,d. stores of materials as may be required in any considerable quantityfor the work or any part there of or for making and articles required thereof inconnection there with. The value of such stores and articles as may besupplied to the contractor by the Engineer-in-charge will be debited to ,thecontractor in his account at the shown in the schedule attached to contractand if they are not entered in the schedule they will be deputed of the costprice which for the purpose of the contract shall Include the cost of carriageand all other expenses what ever which shall have been incurred in obtainingdelivery of the same at the stores aforesaid the executive engineer may Issuematerial to a contract from existing stock if he asked for any excess of thoseenterned in the schedule in such casses the price charge will the market ratewhich ever is greater.CLAUSE 15 - Work to be excited in accordance with specificationsdrawing order etc.The contactor shall execute the whole and every part of work in the mostsubstantial and workman like manner and In every respect In strictaccordance with the specification both as regards materials and otherwise.The contractor shall also confirm exactly fully and faithfully to the designs,
drawing and instructions In writing to the work signed by the Engineer-inchargeand lodged in his office and the contractor shall be entitle to Inspectthe same during office hours and may at his own expense have copies of thespecification of all such designs drawing and instructions of aforsaide madefor his own useCLAUSE 16 - Alternation in specification and designs Don not Invalidate contract.The Engineer-in-charge shall have power to make such alteration in oradditions to the orignal specification. drawing designs and instructions as mayappear to him to be necessary or adviseable during the progress of the work.and the contractor shall be bound to carry out the work in accordance with anyinstructions which may be given to him In writting signed by the Engineer-inchargeand such alteration shall not invalidate the conlract. and any additionalwork which the contractor may be so directed to do shall be carried out by thecontractor on the same conditions in all respect on which he agreed to do themain work. and at the same rules as are specified in the tender for the mainwork. Extension of time in consequence of alteration rate for additional worksnot in estimate of schedule of rate of district.The time for the completion of the work shall be extended in the proportiaonthat the additional work bears to the original contract work and the certificateof the Engineer-in-charge shall be conclusive as to such proportion if theadditional work includes any item for which no rate is specified here under thecontractor shall carry out the work at the rate entered the schedule of rates ofthe District.but if the schedule does not centaion any ratc in respect of suchwork, has been settled by mutual agreement between him and the Engineerin-chargein with the approve of the officer accepting the contract and if theyare unable to agree upon a rate within two weeks from the date when thecontractor received the order. Engineer-in-charge may be a notice in writtingcancel the order such word and carry it in such manner as he may think bestin the event of dispute the decision of lhe Superinteding Engineer shall befinal and binding on the contractor.
CLAUSE 17 - No compenstaion or alteration in restriction of work to becarried out.The Executive Engineer acting on the written orders of his immediate supenor,may at any time by notice in writting to the contractor either stop the workaltogether or raduce or cut it down of the work is stopped altogether,contractor will only paid or work done and expenses legitmately incurred byhim on, or preparation for the execution for the work up to the date on whichsuch notice is received by him such expenses shall be assessed by theExecutive, whose decision shall be final & binding on'the contractor. If thework's is cut down the contractor will be paid for the work as so cut down butin neither case will he paid any compensation whatever for the loss or profitwhich he might have made if be had been allowed to complete all the workinculded in the tender.CLAUSE 18 - Action and compensation payable in case of badwork.If the Engineer-in-charge is satisfied that the construction of any part of thework is faculty or that material used in the same of inferior to those for whichthe specification provides or that any materials or articles provided by thecontractor are not in accordance with the contract. he may, not with standingthat such work, materials or articles may have been passed, certified or paidfor. serve the contractor with notice in writting specifying the work materials orarticles within a specified period of time.if the contractor fails to comply, in all respects with the requirement of-anysuch notice within ten days after the expiration of the period specified in thatnotice the Engineer in charge may himself remedy such defecuts or as thecase may be replace such materials or articles and contract, shall pay allexpenses incurred by the Engineer-in-charge in so doing and the certificate inwriting of the Engineer-in-charge at to amount of any such expenses shall befinal and binding upon the contractor.CLAUSE 18.(A)Government shall have the right to accept at reduced rate sub standard or
defective work. and to cause and audit any technical examination of work andrunning and final bills of the contractor including all supporting vouchers,abstracts etc to be made before or after the payment to the final bills and it asa result of such acceptance of standard or defective work audit and technicalexamination any sum in found to have been over paid in respect any workdone by the contractor but found not have been actually executed thecontractor shall be liable to refund the amount of the over payment and Itshall lawful for Government to recover the same front him in the mannerprescribed in clause I above or any other manner legally permissible and It isfound that the contractor was paid less that what due to him under thecontract in respect of any work executed by him under It the amount of suchunder payment may be duly paid by Government to the Contractor Providedthat the sub- stanoard or defective work accepted is not considered to beseriously defective by the Engineer-in-charge and the rate of the workaccepted is suitable reduced by him to compensation the Government andsuch reduction will be binding on the contractor.A works under or in the course of extens on or exeuted in pursuance of thecontract shall at all time be open for inspection and by the Enginner-In-chargeand his subordinates and the contractor shall at all times during the use fullwork in hours and no any other occassion of which he shall have hadreasonable notice either himself be present to receive orders and Instructionsor have responsible duly a credited in writting present for that purpose Ordersgive to any such agent have the same effect as order give to the contractorhimselfCLAUSE 19 - Work to open to inspection Contractor or responsible agent tobe present.CLAUSE 19 (A)- No labourer below the age of 14 years shall be employed onthe work.CLAUSE 19 (B) - The contractor shall pay to his laobour a fair wageCLAUSE 19 (C) - The contractor before his commences the work shall (a)post in a conspicuous place on the work a notice giving the rates of wageswhich have been certified as fair by the Executive Engineer and (b) send a
copy of the notice to the Executive Engineer.CLAUSE 19. (D)The Contractor shall be bound and shall be responsible to comply with theprovisions of the labour laws in force in the state of Uttar Pradesh includingthe Minimum Wages Act. or any enactment in supersession, extension ormodification thereof which may be passed any time of from time to time by acompetent legislative body and may have effect In the State of Uttar Pradeshand the Rules and Regulations made there under or any amendments ormodifications thereof for the time being in force. All expenses In connectionwith the compliance of such laws and rules shall be borne by the contractor,and the contractor shall neiher demand not claim not shall be entitled to anyadditional payment for the reason that he failed to take into account any suchexpenses in his tender or that any sub-sequent amendent in such law or releshave changed the basis on which he worked out suchexpenses while submitting his tender. .In every case which by virtue of the provisions of labour laws in force in theState of Uttar Pradesh and the Rules and Regualtion made there under theGovernement is obliged to pay sum in the execution of the work Govemmentwill recover from the contractor the amount so paid. and without prejudrice tothe other right of the Govenment. the Government shall be at liberty torecover such amount or any part there of by deducting it either from thesecurity money deposited by the contractor whether under this contract orother wise.CLAUSE 19 (F) The contractor shall engage labour for the work. through thenearest Employment ExchangeCLAUSE 19 (1) The contractor will request Employment Exchange to providhim labour on wages to be mentioned by him which shall not be less than thefair wages. for the locality of work to be fixed by the supenntending EngineerIn consulatlon with District Magistrate concerned. He will also specify theperiod of the supply of labour which shall not be less than a week from thedate of contractor request for labour at the employment Exchange. If
Employment Exchange fails to supply labour within the specified periodcontractor will have option to engage labour from their sources.CLAUSE 19 (G) The labour employment through Exchange will be kept atper with and shall have preference over the labour engaged by the contractorprivately as regards their transport wages accomodation working hours andamenities. The contractor will have the option to dispense with labour withoutand reference to the Executive Engineer when much labour is not requiredfor the work when he is not satisfied with it, but he will give due information ofthe discharge of the labour to the Exchange .CLAUSE 20 - Notice to be given before work if covered up.In order that the work man be measured and contract there of taken thecontractor shall not cover up any part of the same or otherwise place it beyondthe reach of measurement until he has either obtained the consent in writingEngineer in charge of his subordinate in charge of the work of untill he hasgiven to be engineer in charge or to such subordinate five days notice inwriting that the work is ready for measurement if the contractor any work ofplaces it beyond of the measurement with out such consent and before andexpiration of the period of such notice the contractor shall for fiet the price ofsuch work and of the materials used in its constructions .CLAUSE 21 - Direction of work.All work to be executed under the contract shall executed under the directionand subject to the approval in all respects of the Engineer incharge for thetime being. who shall be entitled to direct at what point or points and in whatmanner they are to be commenced. and from time cerrid on.CLAUSE 22 - Decision of Engineer to be finalExcept where otherwise specified in the contract the decision of theEngineer for the time being shall be final conclusive and binding on all partiesto the contract upon all questions relating to the meaning of the specifications,designs, drawings and instructions here in before mentioned The decision ofsuch Engineer as to the quality of workmanship or material used on the workor as any other question, claim, right matter or thing what so ever in any way
arising out of or relating so the contract designs or drawings, specifications,estimates instructions order, or there conditions, or otherwise concerning theworks or the execution or failure to execute the same whether arising duringthe progress of the work or after the completion or abandonment of thecontractor, shall also be final conclusive and binding on the contractor.CLAUSE 23 - Contractor liable for damage done and fit imperfections forthree months after cenificate. If the contractor or his work people or servantshall break, deface, injure or destory any part of a building on the or whichthey may be working or any building. road fence enclousre grassland or.cultivated ground contiguous to the Permises on which the work the work orany part of it is being executed or if any damage shall happen to the workwhile in progress from any couse due to the negligence of responsibility (thedecision the Executive Engineer shall be final) the contractor shall at his ownexpense made good such damage, or in default the Engineer-in-charge maycause the same to be made good and the contractor shall, pay any expenseso incurred and the certificate of the Engineer-in-charge as to the amount ofsuch expense shall be final and building on the contractor.CLAUSE 24 - Contractor to supply plant ladders Scaffolding etc. and lible fordamage arising from Nan provision of light fencing etc.The contractor shall supply at his own cost all materials (except such specialmaterials if any as may in accordance with the contractor be.supplied fromthe Engineer - in- charge's stores) plant, tool, ampliance, implements, ladder,cordage takle, scaffolding and tempora~ works request required for theproper execution of the work whether, origmal altered or substituted whetherincluded in the specification or document farming part of the contract orreferred to in these conditions or not or which may be necessary for thepurpose of satisfying or complying with the requirement of the purpose of theEngineer-in-charge as to any matter as to which under these condition he isentitled to be satsfied or which the contractor is entitled to be satisfied orwhich the contractor is intitled to required and shall pay for the carriage of allsuch things to and form the work the contractor shall also supply without
charge workman with the means and materials necessary for the purpose ofsetting out works and for counting, weighting and assisting the measurementor examination of the work or materials at any time if the contractor fails to doso the same may be provide by the Engineer in-charge and the contractorshall pay the cost of the same as certified by the Engineer-in-charge whosecertificate shall be final. The contractor shall also provided all necessaryfencing and lights required to protect the public from accident and shall bearthe expenses of defenced of every suit action or other proceeding and lawthat may be brough by any person for injury sustained owing to neglect of theabove precaustions and shall also pay any damages and costs which mayawarded in any such action or proceeding to any such person or which maywith the contractor be paid to compromise any claim byany such person.CLAUSE 25 - Female labour not to employed.The Contractor shall not employ female in the execution of the work or anypart thereof within the limits of contonment.CLAUSE 26 - Work not be Sub-let Contract may be rescind and securitydeposit forlieted for subletting, bribing or if Contractor becomes insolvent.The contractor shall not assing or sub-let the contract without the writtenapproval of the ...... Engineer and if the contractor does or attempts to do orbecomes insolvent or commences any Insolenc proceeding or make attemptsto make any composition with his credit for or If he or any of his servant oragents either directly or indirectly, gives officers or premises any bride.gratuity. gift. loan person in reward or advantage pecuiniary or otherwise toany public officer or person in the employ of Govemment In any way relatingto his officer or employment or if any such officer or person shall become inany way directly or inter side in the contract without having first obtained thepermission in writing of the Government, the........Engineer may there upon bynotice in writing rescind the contract and the security deposit of the contractorshall other upon there stand for field and be absolutely at disposal ofGovernment and the same consequences shall ensure as if the contract had
een rescinded under clause 3 here of, and in .addition the contractor shallnot to be entilled to.CLAUSE 27 -Sum payble by way to compensation to be consideredreasonable compensation without reference to actual loss.Any sum payable by the contractor as compensation under any of theseconditions shall be deemed the reasonable compensation for the act ofdefaoult in respect of which the same becomes payable without proof of theactual amount of damages or loss sustained.CLAUSE 28 - Changes in constitution of firm.In the case of a tender by partners the contractor shall state the members ofthe firm and shall notify to the Engineer-in-charge changes in the constitutionof the firm as soon as such change occurs.CLAUSE 29 - Action where on specification is given.In the case of any class of work for which there is no such specification asmentioned in rule such work shall be carried in accordance with the districtspecifications and if there is no district specification the work shall be carriedout in all respect in accordance with instructions, and requirements of theEngineer-in-charge.CLAUSE 30 - Definition of workIn these conditions unless there is something in the subject or contestrequgnant to such as intertation the expressions 'work' or 'work' mean thework to be done or executed under the contract whether such works inpermanent or tempory and whether it is original. altered substituted oradditional.CLAUSE 31The additional and deductions on accounts of the percentage referred to atpage 3 of the accepted tender will be calculated on the gross and not the netamounts of the bill for the work done.CLAUSE 32 -Contractor's percentage whether applied to net or grossamount of bills. (Strike out his clause in the case of an item contract).(i) In every case in which by virtue of the provision of section 12 sub section
(i) of the workman compensation Act. 1932 Government is obliged to paycompensation to the workman employed by the contractor by any subcontractorfrom him in the execution of the work Government will rights toGovernment under section 12 Sub-section (2) of the said Act. Governmentshall be at liberty to recover such amount or any part there of by deduction iteither from the security money deposited by the contractor or to his creditunder clause I of these conditions of from any other sum due by Governmentto the contractor whether this contract otherwise.(ii) Compensation of workman.Government shall not be bound to contest any claim made against it undersection 11 subsection (1) of the said Act. expect on the written request of thecontractor and upon his giving to Government full . security for all costs forwhich Government might become liable in contesting the claim. , ,CLAUSE 33Not with standing anything stuplated in the aforesaid clause, Governmentshall have power to retain any sum due to the contractor (S) and set off allclaim him (them) whether arising out of the particular contract or to of anyother transaction or contract held by him (them) alone or in partnership withothers. .CLAUSE 34. (A)(i) If the contractor considers any record or ruling of the Engineer - in - .chargeor of his representatives in respect of any of the provision of this contract to beunfair or considers any work demanded by him to be out side therequirements of the contract he shall immediately, ask upon such record orruling being made or such work being demanded, in writing for writteninstruction or decision or decisions, on receipt where of he shall proceedwithout any delay to conform to the written instruction or decision he may filewritten protest up to the Engineer-in-charge stating record in the mannerherein specified and within the limit stated ruling instructions or decisions ofthe Engineer-in-charge shall be Concluusive and binding on contractor shallbe considered as written instructions or decision, subject with the protest
objection as herein worded.(ii) If the contractor is dissatisfied with the final decision of the Engineer -inchargeon the protest of objection made by the contratctor in accordance withthe perocedure prescribed in clause 34 (A) (i) the contractor may within twentyeight (28) days after receiving notice of such decision give notice in writing tothe Engineer in-charge requiring that matter be submitted to arbitration andfurnishing detailed particulars of the dispute of difference specifing clearly thepoint at decision of the Enginer-in-charge shall be conclusive and binding onthe contractor(iii) If work under the contract has been completed when a dispute iscontinued during the arbitration proceedings. & no payment due to thecontractor within the provision of the shall contract be with held onaccount of arbitration proceeding unless authorized or required by thearbitrator.(iv) The cost of such arbitration shall be borne by the parties or parts asdecided by the arbitrator.Clause 34 (B)(i) Every dispute difference of question which may at any time arisebetween the parties hare to or any person claiming under them. touching ofarising out or in respect of this deed or in respect of this deed or the subjectmatter there of shall be referred to the arbitration ..................... or any personnominated by him it will be no objection to any such appointment that thearbitrator ........................... so appointed is a Government servant that he hadto deal with he matter to which the contract relates and that in the coursse ofthe duties as Government servant he has expressed views on all or any ofmatters in disputes of difference in the event of the arbitrator to whom thematter is originally referred being transferred or vacting his office or unable toact for any reason .................... shall either enter upon the reference himselfor appoint another person to act as or arbitrator. Such person shall act fromthis stage it was left by his predecessor.
Subject as aforsaid the provisions of the arbitration Act 1940 or anystatutory modification to be reenactment there and the rules made there underand for the time being in force shall apple to the arbitation procedings. Thearbitrator may from time with the consent of the parties inlarge the time formaking the and publishing the award.(ii) No person other than a person appointed as aforesaid should act asarbitrator and if for any reason that is not possible the matter in not to refferedto arbitrator at all.(iii) The party in invoking the arbitration, shall specify the disputes ordisputes to be referred to arbitration to gether with the amount claimed inrespect of each dispute.CLAUSE 35 - Quantites are liable to variation on either sides without entitilingthe contractor to compensation on his account.CLAUSE 36 - Contractor shall himself make proper living accomodation, waterand sanitary arrangements etc. For labour which ordinary should be arrangedthrough Employment Exchange will give preference to EX service man. He willhave to remove any undersirable labour if orderd by the departmentCLAUSE 37 -Claime not preferred within 48 hours of occurance are liable tobe rejected.CLAUSE 38 - No extra payment shall be made to the contractor for makingprofies and numbers in connection with the execution of work as per G.O. No355-3B 66XXIII-1B-II Dated 22-06-1966CLAUSE 39 -During the course of construction if any emergency is forwardeddue to any claims of work the contractor shall send a registered notice to the........................ Engineer - in - charge within a fornight of the origin of claims. Ifhe fails to do so or if he postpones submissions of such claims till thecomplition of work he will entitled to no compensation.CLAUSE 40 -The contractor shall not influence or direct labour borne on theMuster Roll or by paying highter wages of providing extra facillities without thepermission of the ............................. Engineer and if he does so contract tothe above, Will be responsible for the less of damage caused or claimed by
other perties and the decision of the .................... Engneer as to the amount ofsuch damage shall be final & binding onboth parties.CLAUSE 41 -This agreements is subject to the standard specification,The clearce of site, shall be done by the contractor at his own expense.CLAUSE 42 -Income tax at the rate 2% ..................... shall be deducted fromthe bill in terms of subsection.(i) of 94 (c) of Income Tax XVI of 1972.CLAUSE 43 - For family planning purpose in contract .The contractor agree to pursued all his labour and other employees. including casuallabour employeed by him, to adopt family planning techniques (iscluding vasectomy andTubectomy) in lines with the policies and programme announced by the State Governmentfrom time to time in relation to State Government in so for may be applicable and furnish toEngineer-in-charge monthly report in the belief as per G.O.N 5032/76-22/c-3/1975/76 dated8 sept. 1976.CLAUSE 44 - Thierty percent of the payment due to contractor may be madein the from of gains which shall be made avilable to him from any of thegodowns of F.C.I The grains at the rate made available to the contractors shallhave to be accepted by the contractor prescribed by the Government .CLAUSE 46 - All the work during the progress and after comletion should besubject to teachnical examination by the Technical Examiner Techical Auditcell, lrrigation <strong>Department</strong> U.P. Any defect of matenal or workmanship & aspointed out by the Technical examinar established as such shall be liable toreduction of rate considered necessary shall be received from contractor evenif it has been accepted by the Engineer-in-charge.CLAUSE 47 -Govt. Shall have the right to accept at reduced rate sub standard defective work of runningand final billof the contractor including all supporting voucher attached etc. to be madebefore or after the payment of final bill and as a result of which acceptance of sub standardor defective work audit and technical exmination any sum if found to have been actually
excavated to contractor shall be liable to refund the amount of over payment and it shall belawful Govt. to recover the same from him in the manner prescribed in clause-1 above orany other manner legally permissible under payment may be duly paid by Goverment to thecontractor provided the sub-standared or defective work accepted is not considered to beseriously effective by the Engineer in charge. The rate of the work accepted is suitablereduced by bending him to compensate the Govt. and reduction will be bending on theContractor.SPECIAL CODITIOSThe special condition shall be deemed to supplement the conditions include in the Tender notice.I.D. From No. 111 & 112 and in the event of any conflict between them these special conditionsshall prevall.1. DEFINITION:For the purpose of this contract, the following words with have the meanings herhin a signed tothem.GOVERNMENT: Shall mean the Governor of U.P.GOVERNMENT or RAJYAPAL: Shall mean the Governer of Rajyapal of U.P.CHIF ENGINEER: Shall mean the Chif Engineer of the Additional Chief Engineer of irrigation<strong>Department</strong> in charge of this work or his successor.SUPERINTENDING ENGINEER: Shall mean the superintending Engineer –in-charge ofirrigation <strong>Division</strong> V Circle <strong>Bareilly</strong> or his successor.EXECUTIVE ENGINEER: Head Works <strong>Division</strong> Sarda <strong>Canal</strong> <strong>Bareilly</strong> Shall mean the<strong>Division</strong>al officer in charge ofASSISTANT ENGINEER: Shall mean the Assistant Engineer-in-charge of this work or hissuccessor.2. SPECIFICATIONS:Shall mean collectively all the terms and stipulation contained in theGeneral and special conditions of contract, special specifications for works and drawings fortender & I.D. Specifications.DRAWINGS: Shall mean collectively all the generaf & detailed drawing accompanying theagreement or issued subsequently by the ………………………..engineer to the contractCONTRACT or Agreement: Shall mean…………………………the tender notice. I.D. Form on111&112 special & specifications for this work, drawing, various schedules and other paperswith their subsequent additional & modifications during currency of the contract.CONTRACTOR:Shall mean the person, from or partnership whose tender has been accepted forthis work or their legal successors & assignees.TONS or TONNES: Shall mean a metric ton of 1000 kg. unless otherwise stated.
WORK SITE: Shall mean the location of the propose works as detailed on the contract as sucharea in the vicinity of the work as may be notified by the Engineer-in-charge to work site.WORK OR WORKS: As defined in clause 30 of I.D. Fors no. 1113. SITE INSPECTION & INVESTIGATION BY THE TENDERERS: It is understood & adreedthat the contractor has satisfied himself as to the, nature & location of the work in general &local conditions particularly those bearing on transport, hauling of storage of materials disposalof spoils & availability of labour, whether conditions, such- soil, water, floods, configuration ofground character quality & of the surface & sub surface materials to be encountered inexcavation the type of equipement & facilities needed for the execution. Of the work, and allother matters which can in any way affect the progress or the cost of the works under thiscontract Default of failure by the contractor to acquaint himself with the above mentionedaspects will not relieve him of his responsibility for the execution of the contract unless thecontract expressly provides otherwise.4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of hi authorizedagents within 7 days of the signing the contract to the Engineer-in-charge with a copy of theExecutive Engineer. The contractor or his authorized agent shall always remain available at sit toreceive instruction, notices stores & equipments. In the event of any changes in the name andaddresses. the contractor shall immediately inform the Engineer-in-charge with a copy of theExecutive Engineer .5. Service of Noticed & Letters to the contractor: The contractor or his authorized agent shallacknowledgement all communications delivered to them. In case such acknowledgement in notpossible or forthcoming communication shall be sent by registered post at the addressed given bythe contractor in the contract which shall be deemed to have been legally served on him on thefourth day from the date of its registration at the post office.6. communication with the contractor: Verval commitments of the Engineer-in-charge or any otherofficial shall have on legal binding unledd confirmed in writing by the department within aperiod or 3 days No instruction issued by an officer below the rank of an asstt. Engineer shallfrom the basis of any claims about this contract.7. Material & Stores:(a) Material mentioned in schedule ‘C’ shall be issued to the contractor as per conditions mentionedtherein . All other materials shall be arranged. By the contactor himselt. Items not included inschedule ‘C’ but which are available with the department may also be issued to the contractor atthe direction of Executive Engineer as per rule 406 of F.H.B. Volume VI.(b) Materials mentioned in schedule ‘C’ shall be issued for the expected consumption for a shortperiod as determined by the Engineer-in-charge.(c) The contractor has no opinion to arrange the materials mentioned in Schedule ‘C’ from any othersource except from the departmental stores unless expressly permitted by the ExecutiveEngineer.(d) Materials rejected by the Engineer-in-charge as inferior unfit shall have to be removed by thecontractor from the work site within 3 days at his own cost, failing which they will be removeddepartmentally and ex pense dibete to his account.(e) All materials brought to the site shall be properly stocked for facility of inspection andmeasurement by the official of the department.(f) The construction materials to be arranged by the contractor shall brought from sources quarriesand kilos as approved the Engineer-in-charge.8. Equipment:(a) Items of equipment mentioned in Schedule ‘D’ shall be available for being hired by, thecontractor at the rates given therein. It shall be obllgatory for the contractor to use thedepartmental equipment mentioned in Schedule ‘ D’ if it can be spared for his work. In case theequipment units required for the prescribed progress of work as abjudged by the Engineer-in-
charge can not be spared by the deportment the contractor shall be permitted to arrange themfrom his own source on the express permission of the Executive Engineer.(b) Arrangement for carriage of equipment from & to the Govt. store shall be done by the contractorat his own cost. (c) Hirint of equipment when P.O.L. charges & pay of operators is borme by thecontractor. In case P.O.L. charges 7 pay of the operator is to be borne by the contractor therunning operation & minor repairs of the equipment shall be done under the close supervision &direction of the departmental official who will see that requlsite grades of P.O.L. is & spares areused by the contractor, failing which the machine will be withdrawn from him & the total cost ofdamages recovered from his bill. The hire decision of the Executive Engineer as to the cost ofsuch repairs shall be final & binding on the contractor. The hire charges in such case shall bereckoned per day for total number of days the equipment remains with the conreactor .(c) Hiring of equipment when P.O.L. charges & pay of operator are borne by the department: A Logbook for the runnig of the equipment shall be maintained by the operator under the supervisionof the Junion Engineer & signed by the contractor or his agent. The log book shall record therunning time in hours & quarter hours.(d) The hire charges of equipment shall be recovered from the next bill of the contractor.(e) The equipment hired under condition “C” above shall be handed over to the contractor in goodrunning condition & accepted back in good running condition. The cost of repairs necessary dueto fair use of the machine shall be borne by the department but if the equipment is damaged dieto misuse or accident. the repair charges as abjuded by the Executive Engineer shall be debited tothe contractor. In case the equipment is lost, its cost shall be recovered from the contractor. Thecontractor shall use prescribed quality & grade of P.O.L. and shall carryout periodical service ofmachine as prescribed by the manufacturers to his own cost.(f) Equipment issued for a particular work not be removed by the contractor prior to prior to itscompletion without the written permission of the Engineer-in-charge.9. LAYOUT OF WORKThe marking of the general layout levels and gardens will be carried out by the Engineer-inchargewith the help of the labour & consumable materials supplied by the contractor but thecontractor will be required to cheek & fully satisty himself of their accuracy as per drawingsupplied to hi,. Bench marks and alignment prllars along the centre line and year the two edgedof embankment at 50 meters distances shall be made by the department.10. SURVEY MARKS & FLAGSThe contractor shall see that marks survey and refrence pillars & gauges established at the worksite are preserved and not damaged by his labours, animals and machines of repairs or remarkingto such marks shall be borne by the contractor. The contractor shall the labour and materialsrequired by the department staff for the day marking of flagging of the earth work borrow areasand the spoils.11. TENDER RATES:(a) This is an item rate contract and the tender should quote for the rate of each item of workindependently of other items.(b) The quantities of various items may change and some items may be deleted altogether asnecessitated by site condition and modification of designs. Such changes shall not invalidatethe tender or contract.(c) The tender rates shall be for the finished items (except as otherwise stated) and shall include costof all labour materials. Tools and plants charges and overhead charges of the contractor. Theywill also be inclusive of all royalties, testing charges local and central taxes including sales taxas applicable under rules.12. CLAIMS FOR COMPENSATION:(a) No claim against the Government for any compensation to the contractor under this shall beconsidered unless it is made in writing to the Engineer-in-charge within 24 hours of theoccurrence of the event causing it.(b) Every effort shall made by the department to maintain supplies of stores equipment and servicesper condition of the contractor during its execution but no claims by the contractror shall
entrained for labour endered idle or any othed king of loss or delay or inrerruption in theafordesaid supply by the department.(c) No claims shall be entered due to fluctuation in the rates of labour, materials & other marketrates during the of the Agreement, unless there is a separates and specific provision forthe same in contract.(d) No compensation shall be payable for addition and modification in designs as stipulate in clause16 of I.D. form 111.13. LIST OF UNPAID CLAIMS AND FARKHATI:Errors omissions and discrepancies between the bill of quantities specification and drawing shallbe promptly reported by contractor to the Engineer-in-charge for necessary correction.14. ACCESS TO CONTRACTORS BOOK”If so desire by the Engineer- in-charge the contractor shall have to produce his accounts papersand other documents relating to the cost & progress of the work under this contract.15. MODE OF MEASUREMENT AND PAYMENTS.These shall be as per special specification for works applicable to this contract.16. RECEIPTS FOR STORES AND EQUIPMENTS.Receipts for transaction of Government stores and equipment between the contractor and thedepartment shall be considered valid unless they are signed by the Junior Engineer-in-charge ofthe work or store and the contractor or his authorized Agent.17. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK:SITE: The contractor shall remove any of his employees or associated consideredundesirable by the Engineer-in-charge from the work site and his camp within 24 hours of thereceipt of writtem orders to this effect.18. FIND:All finds of archeological commercial value or buried treasurers & valuables discovered duringthe execution of the work shall be properly of the Govt. & shall be promptly reported &deposited with the Engineer-in-charge or in the Govt. Treasury as direted by him.19. TECHNICAL AUDIT CELL:The works under this contact shall be subject to indpection by the Technical Audit cell. Defectsin materials & workmanship pointed out by the Technical Examiner& established as such shallbe rectified by the contractor at him own cost even if the same have been accepted & paid for bythe Engineer-in-charge. Any recoveries thus established shall be recoverable from the contractor.20. INCOME TAX:Deduction for income tax @ 2% of the gross amount of all payment and sure charge shall bepaid as per section 194 of income tax Act.CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
GEERAL CODITIO1. Rule of Tender forms:There will be made available in the office of the under signed during office hours on anyworking day on payment of cost mentioned para-I . The tender forms can be obtained by post. Ifthese cost and Rs. 101 for postage etc. Is paid through postal orders plosed to the under signed onmoney order. The cost of tender forms once sold is not refundable.2. Soaled envelopes acnowliding the tender shall be clearly marked on the upper left hand cornertender no………………… to be opened on………………..alongwith full name and address ofthe tender. The envelops shall be drapped in the Tender Box kept in the office of theundersigned during office houre or sent by Registererd post on to reach well within the timespecifying para-I.3. The tender are free to tender for one or all the lots.(a) TENDER RATES: Tendered rate shall be legible written in Hindi or English both infigures and words. In case of discrepancy of tendered Rates in figures and words. The losser ofthe two rates given shall be accepted. The tenders are hereby informed that they have to tenderrates for each every item contracted in the scheduled of quantities & bids as per condition of thistender otherwise their tender will not be considered.(b) All the tender documents (Form no. 111, 112, SPL conditions. Specification tender noticescheduled and drawing sold to the tenderers shall be submitted with tender No. Page of thesedocuments shall be removed.(c) Each page of all the tender documents shall be inttiallsed by the tenderer before submissionin taken of their removed.(d) ERASURES and over writing are specify progibited all correction of modification shall beintalled by the tenderer before submission.(e) The tender document shall be submitted on the form of the forwarding letter to ensure thatno enclosure to missing. Full name and address of the tenderer shall be given in the forwardingletter as well as on the include of No. 112 and bill of quantities which shall also bear the usualsignature of the tenders.
5. Tenders by firms of partnership:Such tenders shall be signed by all the members of partner or by a person holding a power ofattorney on their behalf,. An attested copy of the firm partnership giving full names, Address andplace of business of all the member of partnership firms.6 Earnest Money:Tenders shall be considered unless accompanled with earnest money prescribed in Para I above.It will being the shape of N.S.C. call Deposit Receipt of Schedule Bank or Post office saving,pass book , duty pledged to the undersigned No. cash or cheque shall be accepted . Datails orearnest money shall be mentioned in para 13 of the forward letter, Earnest money shall bereturned only when the tender has formally rejected.7. Time limit for completion of work:This has been mentioned in the last columns of the tender noticed.8. Validity period Tender:The Tender shall remain valid for…………………….ninety days from the date of opening, forwhich the contractor shall be submit an agreement as per annexure “F”.9. The Executive Engineer shall have the power to distribute the work among more then onecontractor if in his opinion no suitable contractor is for the coming.10- On receipt of11- The security amount as mentioned in para I as Form. 111 which together with the earnest moneydeposited shall amount t0 2% (Two percent) of the tender amount for the work within a period ofseven days and shall be personally call at the office to the undersigned to sign the agreement orcontractor Form No. 112 and other papers.12. Order to start work:On completion and signing of all the document regarding the adreement by the contractor heshall be rockonod from the date of start.13. The accepting authority reserve the light of rejection any of all tender without no signed anyreson there of.14. Condition to be incorporated in case of Excavation work:As the state of Budelkhand Zone various considerable. The quantities given in the schedule ofbids and quantities are approximate and under individually item it can very to extent but thevariation in collective quantity of the items shall be limited to 30%.The running payment under various stage as given in the bill of the quantities shall be made atdepartment rates or the agreement rates. Whichever is less till the work in finally completed.While making final payment the value of the work shall remain the same in comparision to thedepartmental amount as originally provided and in case there is increase in the percentageprerates recovery shall be made but in case percentage becomes lewer it benefit shall not given tothe contractor.15. Experience, Equipement, Organisation and Present work load:The tenderers shall submits the following information alongwith his tender.(a) list of work of a similar nature executed by him which may unable him to be preferred overusually rate tender.(b) List of construction euuipment available with for put on this work.(c) Details of technical sta, proposed to be employed by him on this work.(d) List of work in hand with the tender and a list of works tendered for by hin or on pilor todate of submission of these tenders.16. The landerare shall state whether or not any of their near relative are working in the irrigationDeptt. U.P. and specify their names, designation, and place of posting. Failure on the part of thetenderer to correct disclose the names designation and place of posting would tender the earnestmoney security deposit liable to be forfilled and the contracts. If entered in to rescinded.17. Registration of tenderers as contractor in the division:If not already registered as a contractor in the division the tenderers shall within seven days ofacceptance of the tender get himselt registered in the <strong>Division</strong>.18. Each tenders shall also be accompanied with a solvency certificated as a refrence from scheduledbank regarding tedered by the contractor or any other documents in support of his financialstandered.
CONTRACTOREXECUTIVE/ ASSISTANT ENGINEER
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