Index of Contract Bond 1. Agreement No Name of Contractor Name of Work Date of Start Due date of Completion...

Transcription

1 Index of Contract Bond 1. Agreement No Name of Contractor Name of Work Date of Start Due date of Completion... Sl. No. INDEX Page From To 1. Certificate of Divisional Accountant 2. Letter for Submission of Tender by contractor 3. General Conditions of contract 4. Tender Notice 5. Special Conditions 6. I.D. Form I.D. Form Agreement stamp of Rs 100/- with schedule of Bid 9. Schedule "A" 10. Schedule "B" 11. Schedule C.D. & E. 12. Contractor Warranty 13. Technical Specification 14. Special Specification of MW/EW comparative Statement 15. Acceptance Letter 16. Revenue Stamps for Rs Partnership Deed 18. IDT (1), (2) and (3) 19. Drawing

2 Certified that the contract documents for the agreement of contractor for the work... Containing pages... to... has been examined by me. The bond documents are found to be in order. No financial Irregularity is involved. Divisional Account Officer Irrigation Construction Division - 3, Lalitpur

3 Forwarding Letter for Submission of Tender by Contractors. From (Name & full address of Contractor) To, The Executive Engineer. Irrigation Construction Division - III Lalitpur. Sir, I/we hereby submit our tender for Tender No Lot no. for (Name of work)... Schedule to be opened no.... The following documents are enclosed as stupulated 1. Teder Notice. 2. I.D. Form No. 111 & 112 alongwith schedule (of side schedule A.) 3. General & special conditions of contract. 4. Specification for works drawings. 5. Attested copy of registration dead of firm of partnership. 6. Attested copy of the power of attorney. 7. Details of earnest money accompanying, this tender. 8. Creditials of Tenders. 9. List of near relatives of the tender of the tenderer employed in irrigation Department U.P. 10. Agreement of General Stamp of Rs.... as per annexure F. Yours faithfully (Signature) Name in block letters.

4 GENRAL CONDITION OF CONTRACT Name of Work :-... Situation of work. The above work is located... Sale of Tender forms:-... There will be made available in the office of the under signed during office hours on any working day on payment of cost mentioned para-i. The tender forms can also be obtained by post the cost of Tenders setand Rs. 30/- for postage etc. is paid through postal orders pledged to the under signed on money order. Sealed envelopes containing the tenders shall be clearly marked on the upper left hand corner "Tender No.... Project to be opened on... along with full name and address of the tender. The envelopes shall be dropped in the Tender Box kept in the office of the undersigned during office hours or sent by Registered post so as to reach well within the time specific para-i. The cost of tender forms once sold is not refundable. The Tenderer are free to tender for one or all the lots. Filling of tender Forms: (a) TENDER RATES :- Tendered rate shall be legible written in Hindi or English both in figures and words. In case of discrepancy in tendered Rates in figures and words. The lesser of the two rates given shall be accepted. If there a discrepancy between unit rates and tendered amount the unit Rates shall be accepted. The tenderers are hereby informed they have to tender rates for each and every item contrac in the Schedule of quantities & bids as per conditions of this tender otherwise there tender will not be considered. All the tender documents (Form no. 111,112, SPL conditions, Specification tender notice scheduled and drawing sold to the tenderers shall be submitted with tender No. Page of these documents shall be removed. Each page of all the tender documents shall be initialled by the tenderer before submission in taken of their removed. ERASURES and over writing are strictly prohibited all correction of modifications shall be initalled by the tenderer before submission. The Tender documents shall be submitted on the form of the forwarding letter to ensure that no enclosure is missing. Full name and address of the tenderer shall be given in the forwarding letter as well as on the inside of No. 112 and Bill of quantities which shall also dear the usual signature of the tenderers. Tenders by firms of partnership: Such tenders shall be signed by all the members of partners or by a person holding a power of attorney shall by enclosed together with an attested copy of the registration deed of the firm partnership giving full names, address and place of business of all the member of partnership firms.

5 Earnest Money: Tenders shall not be considered unless accompanied with the 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 Books, duly pledged to the undersigned No. cash or cheques shall be accepted Details or Earnest money shall be mentioned in para 13 of the forward letter, Earnest money shall be returned only when the tender has been formally rejected. 10. Validity period Tender: The Tender shall remain valid for 120 [One hundred Twenty] days for the date or opening, for which the contractor shall be submit an agreement as per Annexure `F' on stamp pepers of Rs.100/- along with One Rupee revenue stamp. 11. The Executive Engineer, shall have the power to distribute the work among more then one contractor if in his opinion no suitable contractor is for the coming. 12. Conditional tenders are liable to be rejected. 13. Letter of Acceptance and Security Deposit : On receipt of a formal letter of acceptance from the department, the tenderer shall deposit the security amount as mentioned in para 1 as Form. 111 which together with the earnest money deposited of the tender amount for the work within a period of seven days and shall be personally call at the office to the under signed to sign the agreements or contractor Form No. 112 and other papers. 14. Order to Start Work : On completion and signing of all the documents regarding the agreements by the contractor he shall be on order to strat work from a particular date time limit for completion of the work shall be rekoned from this date of strart. 15. Rejection to Tender :- The accepting authority reserves the right of rejection any of all tenders without assigned any reason there of. 16. Condition to be incorporated in case of Excavation Work : 16.1 As the State of Bundel Khand Zone various considerably. The quantities given in the schedule of bids and quantities are approximate and under individual item it can very to extent but the variation in collective quantity of the items shall be limited to 30% The running payment under various strata as given in the bill of the quanties shall be made at departmental rates or the agreement rates whichever is less till the work is finally completed While making final payment the value of the work shall remain the same in comparison to the departmental amount as originally provided and in case there is increase in the percentage prorats shall be made but in case percentage become its benefit shall not given to the contractor. on completion of the work of termination of the contract in between on any ground. comprative statment shall be prepared on basis of rates quoted by all the tenderer against the quantities are contract items executed and the final, payment payable to the contractor shall be the lowest total amount of all the tenderer with out effecting the contract in any respet.

6 17. Experience, Equipment, Organization and Present Work load : The tenderers shall submit the following information along with his tender. (a) List of work of a similar nature executed by him which may unable him to be preferred over usually rated tender. (b) List of construction equipment available with him for being put on this work. (c) Details of technical staff proposed to be employed by him on this work. (d) List of work in hand with the tenderer and a list of works tendered for by him or on prior to date of submission of these tenders. 18. The tenderers shall state waeather or not any of their near relative are working in the irrigation Deptt. U.P. and specially their names, designation, and place of posting. Failure on the part of the tenderer to correctiy disclose the names designation and place of posting would tender the earnest money deposit liable to be forfeited and the contracts, if entered in to recinded. 19. Each tenderers shall also be accompanied with a solvency certificate or a reference from a scheduled bank regarding, tenderers financial stability to the extents of 20% of the cost of works as tenderered by the contractor or any other documents in support of his financial standard. 20. Income Tax and Trade Tax shall be deducted as per rules from Agriments works. 21- mrrj izns'k 'kklu esa 'kkldh; vf/klwpuk la[;k 102@10&500 ¼98½ 81 fnuk d 14 tuojh 1982 }kjk ljdkjh dk;z ds laiknu gsrq Bsdsnkjksa }kjk fu"ikfnr vuqcu/k ;k tekurh cpr i= ij tekur ud'kk ij LVkEi 'kqyd Hkkjrh; LVkEi fu;e vuqlwph,d ch ds vuqpnsn 40 ¼[k½ ds vurxzr la'kksf/kr,dv 85 ds vurxzr 'ksm~;wy; 15 ;k ch ¼23½ esa fufgr funsz'kkuqlkj dh tk;sxha 1- ;fn tekurh /kujkf'k [ktkus esa ;k fohkkxh; dks"k esa tek dh tkrh gsa rks tekur dh /kujkf'k ij #i;k izfr gtkj dh nj ls gksrk rfkk #i;k ;k mlus va'k ds fy, #i;k ns; gksxka 2- ;fn tekurh /kujkf'k csad dh,q0mh0vkj0 ;k lsfoax csad ds ikl cqd vfkok jk"vªh; cpr i= ds #i esa tek dh x;h gks] lecfu/kr vf/kfu;e ds vuqlkj fxjoh dh x;h gs] rks tekur ukeksa ij LVkEi 'kqyd mdr lwph ds vuqpnsn 40¼[k½ ds vurxzr # izfr lsdm+k ds LFkku ij : izfr gtkj dh nj ls tekur dh /kujkf'k ij ns; gksxka mijksdr dh Hkk fr ;gka Hkh,d gtkj :i;k dh /kujkf'k ij izr;sd :0 500 ;k mlds va'k ds fy;s : islsa dk LVkEi 'kqyd ns; gksxka

7 'krsza %& 1- fufonk nsus ls iwoz fufonknkrk dks dk;zlfky dk Hkyh&Hkk fr fujh{k.k dj ysuk pkfg,a 2- foø; dh xbz fufonk okfil ugha dh tk;sxha 3- fufonk izi= Mkd }kjk eaxkus ij fufonk ewy; ds vfrfjdr #i;k Mkd O;; vyx ls ns; gksxka 4- fufonk izi= ds lkfk #i;k dk jktlo LVkEi ftl ij #i;k 1-00 dk jktlo fvfdv lfgr 90 fnol rd dk fufonk njksa dh os rk dk myys[k djrs gq;s glrk{kfjr dj yxkuk vfuok;z gsa 5- fcuk /kjksgj /kujkf'k,oa 'krz lfgr fufonk ij fopkj ugha fd;k tk;sxka 6- fufonk esa vkbzve ckj nj nsuk vfuok;z gsa izfr'kr njksa okyh fufonk;sa eku; ugha gksxha 7- fufonk Lohd`fr ds mijkur Bsdsnkj dk vuqcu/k ij glrk{kj djus ls iwoz dqy vuqekfur ykxr dk 10 izfr'kr /kujkf'k vujslv euh lfeefyr djrs gq;s tek djuk vfuok;z gsa ;g /kjksgj jkf'k Mkd?kj ds cpr i= lkof/k iklcqd vfkok jk"vªh;d`r csad ds lh0mh0vkj0 ds #i esa tks vf/k'kk"kh vfhk;urk flapkbz fuekz.k [k.m r`rh; yfyriqj] uke fof/kor~ ca/kd gks] ds #i esa tek djuh gksxha 8- /kjksgj /kujkf'k ij 'kkldh; vf/klwpuk ds vuqlkj ns; LVkEi 'kqyd vuqcu/k ij glrk{kj ls iwoz tek djuk gksxka 9-,d ls vf/kd dks fufonk izi= ds lkfk ikvzujf'ki MhM layxu djuk vko';d gsa 10- vuqcfu/kr dk;z ij fu;ekuqlkj vk;dj] O;kikj jk;yvh,oa 'kklu }kjk fu/kkzfjr dj ns;d ls dkvk tk;sxka

8 SPECIAL CONDITIONS These special condition shall be deemed to supplement the condition include in the Tender Notice, I.D. Form No. 111&112 and in the event of any conflict between them these special conditions shall prevail. 1. DEFINITIONS: For the purpose of the contract, the following words with have the meanings herein a signes to them. GOVERNMENT:- Shall mean the Government of U.P. GOVERNMENT RAJYAPAL :- Shall mean the Governor of Rajyapal of U.P. CHIEF ENGINEER: Shall mean the Chief Engineer of irrigation Department-in-charge of this work or his successor. SUPERINTENDING ENGINEER : Shall mean the superintending Engineer-in-charge of irrigations Contraction Circle Jhansi or his Successor. EXECUTIVE ENGINEER: Shall mean the Division officer-in-charge of irrigations constrution. 2. SPECIFICATIONS: Shall mean collectivelly all the terms and stipulations contained in the tender and I.D. Specification. DRAWINGS: Shall mean collectivelly all the general and detailed drawing accompanying the agreement or issued subsequently by the Executive Engineer to the contractor. CONTRACT or Agreement : Shall mean with the tender notice I.D. Form on 111&112 with their subsequent additions & modifications during currency of the contract. Work Site- Shall mean the location of the proposed works are detailed in the contract as such work of works- as defined in clause 30 of I,D, from No 111. CONTRACTOR : Shall mean the person, from or partnership whose tender has been accepted for this 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 in the contract as such area 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. Form no SITE INSPECTION & INVESTIGATION BY THE TENDERERS : It is understood & agreed that the contractor has satisfied himself as to the nature & location of the work in general & local conditions particulars those bearing on transport, hauling or storage of materials disposal of spoils & availability of labour, whether conditions, such-soil, water, follds, configuration of ground character quality facilities needed for the execution. of the work, and all other matters which can in any way to acquaint himself with the above mentioned aspects will not relieved him of his responsibility for the execution of the contract contract expressly provides otherwise. 4. AUTHORISED AGENT: The contractor shall in timed the names & addresses of his authorised agents within 7 days of the sign the contract to the Engineer- in- charge with a copy of the supenintending Engineer. The contractor or hisauthorised agents shall always remaining availabe at site to receive instruction, notices stores and equipments in the event of any charge in the name and address, the contractor shall immediately inform the Engineer- in- charge with a copy of the Superintending Engineer. 5. Service of Notices & Letters to the Contractor : The contractor or his authorised agent shall acknowledgement all communications delivered to them. In case such acknowledgment is not possible or forthcoming communication shall be sent by registered

9 post at the address given by the contractor in the contract which shall be deemed to have been legally served on him on the fourth day from the date of its registration at the post office. 6. Communication with the contractor : Verval commitments of the Engineer-incharge or any other official shall have no legal binding unless confirmed in writing by the department within a period or 3 days no. Instruction issued by an officer below the rank of an asstt. Engineer shall from the basis of any claims about this contract. 7. Material & Stores : (a) Material mentioned in schedule "B" shall be issued to the contractor as per conditions mentioned therein. All other materials shall be arranged by the contractor himself. Items not included in direction of Executive Engineer as per rule 406 of F.H.B. Volume VI. (b) Materials mentioned in schedule 'B' shall be issued for the expected consumption for a short period as determined by the Engineer-in-charge. (c) The contractor has an opinion to arrange the materials mentioned in Schedule 'B' for any other source except from the departmental stores unless expressly permitted by the Executive Engineer. (d) Materials rejected by the Engineer-in-charge as inrector unfit shall have to be removed by the contractor from the work site within 3 days at his own cost, failing which they will be remove departmentally an expense dibete to his account. (e) All materials brought to the site shall be properly stocked for facility of inspection and measurements by the official of the department. (f) The construction materials to be arranged by the contractor shall brought from sources quarries and kilo as approved the Engineer-in-charge. 8. Equipment: (a) Items of equipment mentioned in Schedule 'E' shall be available for being hired by, the contractor at the rates given therein. It shall be obligatory for the contractor to use the departmental equipment - units required for the prescribed progress of work as abjudged by the Engineer-in-charge can not be spare by the deportmental the contractor shall be permitted to arrange them from his own source on the express permission of the Executive Engineer. (b) Arrangement for carried of equipment from & to the Govt.. store shall be done by the contractor at his own cost. (c) Hiring of equipment when P.O.L. charges & pay of operators is borne by the contractor. In case P.O.L. charge and pay of the operator is to be borne by the contractor the running operation and minor repairs of the equipment shall be done under the close supervision & direction of the departmental official who will see that requisite grades of P.O.L. is & spares are used by the recover from his bill. The hire decision of the Executive Engineer as to the cost of such repairs shall be final & binding on the contractor. The hire charge in such case shall be reckoned per day for total number of days the equipment remains with the contractor. (d) Hiring of equipment when P.O.L charges & pay of operators are bone by the department A Log book for the running of the equipment shall be maintained by the operator under the supervision of the Junior Engineer & signed by the contractor or this agent. The log book shall record the running time in hours & quarter hours. (e) The hire charges of equipment shall be recovered from the next bill of the contractor. (f) The equipment hired under condition "E" above shall be handed over to the contractor

10 in good running due to fair use of the machine shall be bome by the deportment but if the equipment is damged due to misuse machine or accident, the repair charges as abjuded by the Executive Engineer shall be debited to the contractor. In case the equipment is lost, its cost shall be recovered from the contractor. The contractor shall use prescribed quality & grade of P.O.L.. and shall carry out periodical service of the machnical as prescribed by the manufacturers to his own cost. (g) Equipment issued for a particular work not be remove by the contractor prior to its completion without the written permission of the Engineer-in-charge. 9. LAYOUT OF WORK The marking of the general layout levels and gardes will be carried out the Engineer-in-charge with the help of the labour & consumable materials supplied by the contractor but the contractor will be required to cheek & fully satisfy himself of their accuracy as per drawings supplied to him Bench marks and alignment pillars along the centre line and year the two edges of embankment at 50 meters distances shall be made by the department. 10 SURVEY MARKS & FLAGS : The contractor shall see that the marks, survey and reference pillars & gauges established at the work site are preserved and not damaged by his labours, animals and machines of repairs or remarking to such marks shall be bome by the contractor. The contractor shall supply the labour and materials required by the department staff for the day marking or flaging of the earth work borrow areas and the spoils. 11 TENDER RATES : (a) This is an item rate contract and the tender should quote for the rate of each item-of work independently of other items. (b) The quantities of various items may change and some items may be deleted altogether as necessitated by site condition and modifications of designs. Such changes shall not invalidate the tender or contract. (c) The tender rates shall be for the finished items (except as otherwise stated ) shall and include cost of all labour materials. Tools and plants charges and overhand charges of the contractor. They will also be inclusive of all royalties, testing charges local and central taxes including sales tax as applicable under rules. 12. CLAIMS Aganist FOR COMPENSATION : (a) No claim against the Government for any compensation payable to the contractor under it shall be considered unless it is made in writing to the Engineer-incharge within 24 hours of the occurrence of the event causing it. (b) Every effort shall made by the department to maintain supplies of store equipment and service as per condition of the contract during its execution but no claims by the contractor shall interuption for labour tendered idle or any other kind of loss or delay or interruption in the aforesaid supply by the department. (c) No claims shall be entertained due to fluctuation in the rates of labour, materials & other marked rates during the currency of the Agreement, unless there is a separate and specific provision for the same in contract. (d) No compensation shall be payable for addition and modification in disigns as stiplate in clause 16 of I. D. Form 111.

11 13. LIST OF UNPAID CLAIMS AND FARKHATI : The contractor shall submit the list of his clailims for which compensation is desired by him against this contract at the time of each runing payment. He shall submit the farkhati (I.D. From) at the time of his final payment. 14. Errors Omission and Discrepences: Errors, Omission and discrepencies between the bill of quantities specifications and drawing shall be promptly reported by the contractor to Engineer-in-charge for necessary correction. 15. ACCESS TO CONTRACTORS BOOK : If so desire by the Engineer- in- charge the contractor shall have to produce his account papers and other documents relating to the cost & progress of the works under this contract. 16 MODE OF MEASUREMENT AND PAYMENTS : These shall be as per special specifications for works applicable to the contract. 17 RECEIPTS FOR STORES AND EQUIPMENTS : Receipts for transactions of Government stores and equipment between the contractor and the department shall not be considered valid unless they are signed by the Junior Engineer-in-charge of the work or store in the contractor or his authorised Agent. 18. REMOVAL OF UNDESIRABLE EMPLOYEES OF THE CONTRACTOR FROM WORK SITE : The contractor shall remove any of this employees or associated considered undesirable by the Engineer-in-charge from the work site and his camp within 24 hours of written order to this effect. 19. FINDS : All finds of archeological commercial value buried treasurers & valuables discovered during the execution of the work shall be properly of the Govt. Treasury as directed by him. 20. TECHNICAL AUDIT CELL : The works under this contact shall be subject to inspection by the Technical Auditcell. Defects in materials & workmanship pointed out by the Technical Examiner & established as such be rectified by contractor at his own cost even if the same have been accepted & paid for by the Engineer-in-charge. of recoveries thus established shall be recoverable from the contractor. 21. INCOME TAX : Deductions for income 2.266% of the gross amount of all payments and sure charge shall be paid as per section 194 of income-tax Act. 22. QUANTITIES AND TENDERED RATES : unit off rates as shown in the bill of quantities should be carefully noted us rate oncegiven by the contractor shal remain unaltered and on any account shall be enterained after the tender have been opened Rates quoted by the contractor shall be rates for finished work. The contractor can employ manual labour donkey labour or mechinal equipment. No. Consideration in rates shall be givin for the means employed by the contractor The quantities of various items of works given in the schedules of bids are appoximate and liable to varition the tenders shall not be entitled to any claim or compensation due the variation in quality or ommissiom of of any item of work.

12 23- SITE INVESTIGATION It is understood and agreed that the contractor has satisfied himself as to the natue andr location of the works. General and local condition and particulary those bearing on transport handling or storage of material disposal of spoils, availabilty of labour, weather condition or silmilars physical condition at the work site sub soil water hydrology the configuration of gournd, the character and quantity o fthe suface and the sub-surface material to be encounte, the character or equipment and faclities needed perliminary to and during the execution of the work and all other matter which may in any way affect the work or the cost there of, under this contract, Any default or failure by the cotractor to acquint himself with all the information concering these condition will not relive him from responsbility for the xexcution of the contract. expressly provided that reposibility ther of bt the government It is presumed thet the contractor has made himself thoroughly convestsantt with the ite condition before tendering for the work, If he requires that starta chart he should bore near the work wite at his own cost for his satisfaiction but no claim on account of any variation as found in strata shall be entertained. 24- RIGHT OF WAY The government bill provide the right of way for permnent work of installation, the site for borrow pits and quarries, channels, spoil bank, pitches and right to way of access there to the contractor will ber permitted use such as well as other available government within a reasonable time after the award the contract the details of land required by him to the work at side and should any private land which has not been acquired be required by the contractor for his use the same will be acqured by the contractor at his own acquiredm, be required by the contractor for his the same bill be admissible to him on this account. 25- DEATH BANKRUPTCY OF CONTRACTOR :- If the contractor dies or commits any act of bankrupty or being a conroration commences to wind up, except for reconstituation propose or carries on its business under receiver the executors, successors or other representative in low of the state the contractor under or any such receiver, liquidator or any person in whom the contract may become vested shall forwith give notice there of in writing to the engineer-in-charge and shall for one month during which he shall take all rsonable steps to preventg stoppage of work, have the option to carry out the contract subjaect to his or their providing guarantee as may be required by the Engineer-in-charg by not period of the option under this caluse shall be fourteen days only provided that, should the above option not be exercised the contract may be terminated by the Government by given notice in writing to contractor and the Engineer-in-charg may exercise the same power which he could exercise and will have same right which he would have under clause 3 of I.D. form 11 if the had been taken out of the contractor's hand. 26- RISKS The contractor shall be insurer of the labour and empoyees against anu and all of the following risks. whether they arise out of the acts of commission of the contract of third persons. Affirmative, wilful acts done by the Engineer-in-charg subsquent to the submission of the contractor's. (a) The risks of loss or damage to the workl prior to the issue of the certificate of final completion. In the even of any such loss or damages the contractor shall promptly repalce and make goods the work without cost to the Government. (b) The risk of loss of injuries (including death) and damage directly or indirectly to

13 Government their agents and their emplaoyees and to their property, arising out of or in conneting with performence of the work. The contractor shall indemnify Government of the government's agents and employeees for all such injuries's damages's and losess resulting thereform. 27- CONTRACT DOCUMENTS AND MATTER AS CONFIDENTAL : All documents correspondence, decisions and other matter concening the contrat shall be considred as as of confidential and restricted nature by the contract and he shall no divulges off allow access there to off any kind to any unauthorised person off any kind. 28- CONTRUCTION FACILITY TO OTHER CONTRATOR AND GOVERNMENT EMPLOYEES ; The Government undertake or award other correct for addition work at or in the vicinity off the work site and the contrator shall fully corporate with such other contractor and government employees and carefully fit and his own work to such additional work in accordence with the direction of the Enrineer-in-charg the contractor shall not commit or permit of any act which will interfere with the performence of work by any other contract by the government employees. The contrator for use the road lighting installaition and any other facilities construted or raired by the contractor for use in the performance of work under this contract for as are maintenance or operation of such facilities PRESERVATION OF EXTING VEGETATION : The Contractor shall preserved and protect all existing vegetation such as trees on or adjacent to the site which do not unreasonably interfear with constrution as may be determined by the Engineer-in-charg, The contractor shall be held responsible for all unauthorised cutting of or damage to trees, including damage due to careless operation of equipment, stock piling of materials or taking of grass area by equipment, Care will be taken by the contractor in falling trees that are to remain in place and strctures under construction or in existence and to wrked All the produce from such cutting of trees by the contractor shall remain he prapety of Goverment and shall be property staked at site approved by the Engineer-incharg No. payment whatoeve. Shall be made for such cutting and its staking by the contractor ACCIDENT PREVENTION : The contractor shall at all times exerise reasonable and proper and preaution for the safty of the people on the works and shall comply with the provision of current safty laws and relevant construction cod e of the state and Central Government and relevant manual of C.W.C. [ Central Water Commission] as may be applicble. He shall also provide all necessary fencing and lights requred to protect public from accidents. All machiery and equipment and other source of physical hazard shall be guarded in accordance with the regulations or lows of the state Governmet and Government of India. The contractor shall be responsible for all risk to the lives and property of Government of India. The contractor shall be responsible for all risk to the lives and property of people from whatover cause, arising out of in connection with the executing of the works during their progress althoungh al reasonable and proper precaution may have been taken by the contractor. In case the Goverment (either along or jointly with contractor) shall be called upon by a court of law to make good any such loss damage or to pay compensation, (including that payable under provision of the workman's compensation Act.) to any person or persons sutaining damages [as afoursaid by reason of any act of any negligencee or ommissio on the part of the contract the amount which the

14 Government may be requied to pay in respect there of and the amount of any costs and charges ( including legal cost and charge in connection with legal proceedings) whic it may incur in refrence there shall be chargeable from the contract CAMP SITE : The contract shall provide, maintain and operate under competent direction camp and facilities convenient to the works sufficient for the housing and accomadation of all his employees including labour. He shall also facilites for community latriness bath room, kitchens dining halls etc., and recreation racilites labours, the location operation and maintenance of such campsm and facilites shal be subject to the approved Engineer-in-charg. The contractor shall perform such grading sufacing and maintenance of the streets in camp sites as in the opening of the Engineer-in-charg may be required to provide for safe and satisfactory use of public and shall construct suitable side works to serve all greats of the camp due to any operations under the contractor due to flooding by the contruction of the work or otherwise WATER SUPPLY AND FIRE PROTECTION : The contractor camp site shall be provided with adequate water supply of pure water for domestic purpose. The water for this purpose shall be treated so as to give portable watar for drinking the contractor shll also makek arrangement for adequate water for final protection The camp site and its premisses shall be maintaned in clean and hygeining condinton by the contractor to the stisfication of the engineer-in-charge. All gardage and refuse shall be collected regularly and shall be disposed off by burial or cther satisfactory means REMOVAL OF CAMP : After the completion of the worl coverd by this contract before final paments in made under the contractor shall remove from the cmpe site located on land owned of controlled by the Government all building and all construction above the ground sufrace except building not owned by the contractor. He shall fill earth all cellars basements and other excavated areas and shall leave the site in a clean and sighthy condition. Should the contractor refuse or flats to remove the builduing and other contruction as herein provided within a period of 30 days after the completion and takinover of the work covered by this contract the building and in such even the cost of such removal will be deducted from the final payment due to the contractor PAYMENT FOR CAMP CONSTRUCTION : No payment will be made to the contractor for construction operation and maintenance of camp and other camp failities and the various item of work in the schedule of bids MEDICAL AID : The camp area shall be providedly the contractor with adequate medical facilities o scale commensurate with camp requirments. Facilities for first aid shall be arranged by the contractor at the work site EMPLOYMENT OF LABOURER BROUGHT BY OTHER CONTRACTOR : If the contractor takes away any labour brought and emplayed by the contractor of the goverment working on the project the shall be liable to pay commpensation equal to the profit the original contractor would have made if the labour would have continued with him and he will also have to return the labour thus employed. The decision of the Engineer-in-charge shall be final and binding on the contractor.

15 37.00 RIGHT TO ON PERSONAL EMPLOYED : The Engineer-in-charge shall have the right to the emploment of presence of any repesetative or other persons, labour employed by the contractor on the work for incometance, negligence, miconduct or being considered undiserable in the interest of work and no receiot of such objection in writing from the Engineer-in-charge the contractor shall be bound to remove such person or persons as may have pointed out in the written objection raised by the Engineer-in-charge The contractor shall not be on etitled to any damages or loss may be caused by removal of the persons as aforesaid MEASUREMENT TO BE PROVISIONAL AND SUBJECT TO CORRECTIONS: Every Measurement for payment on accoun of work materials or other things shall be regarded as only provisional and approximate and shall be regaded as being advace payments and shall repecitvely be subject to revision and sattlement by the Engineer-in- charge and in the event of his concluding the tender any circmstances the measurements of work executed retruns of materials provided and use or the estimate of value previously made did not truely repersent the quality the power from time to time and any time upto the time of the refund of the security deposit to correct the total results by recorrecting measurments a fresh or by such other means as after communication with contactior his duly athorised agent the Engineer-in-charge may deem to be just and such correction shall be accepted by the contractor MAINTENANC AFTER COMPLETION : The contractor shall remain liable to remedy all defect the may develop in the arising solely from faulty materials or workanship If it becomes necessary for the conractor to remedy and defact in the work under this para the liability of the contractor shall remain for the part of the work requied util the expiration of sic month from the date of completion, which ever may be later QUALITY CONTROL : All the materials supplied by the contractor should be as per relevent latest indian standard specification. All samples required for testing the quality of material of works shall be given by the contractor free of cost TRADE TAX, ROYLITY DECUCTION : Trade tax and surcharge on all payment or at rate inforce as per rules at the time of payment shall be deducted at source of the payment in terms of U.P. trade Tax Act Roylity Deduction from by Government Order.

16 I.D. Form No. 111 (Revised) CONDITION OF CONTRACT (AMENDED VIDE G.O. NO. 5479/81-23/C-38 M/79 DATED NOV. 1981) CLAUSE 1. Further Deposit : The person or persons whose tender is accepted (here in after called the contractor) shall within one week after his or their tender has been accepted deposited with the Government of Uttar Pradesh (here in after called the Government ) either in cash or in securities as provided in paragraphs 614 and 615 of the Financial Hand book. Volume VI, such sum as will with the earnest money deposited with the tender amount to Rs.... and where any security so deposited is not payable to bearer the contractor shall endorse or transfer it to the said Government in such a manner that the sum represented by it can be realized without the consent or assistance of the contractor. Deduction from payment: The contractor shall also permit Government at the time of making any payment to him for work done under the contract to deduct... of all money so payable on account of security deposit until such deductions along with sum already deposited as earnest money to be adjusted in the last deductions will amount security deposit.10% of the total cash of agreement shall be deposited as security (including earnest money) at the time of Agreement. If the security is furnished in the form of guarantee bonds the contractor undertakes to renew or to furnish fresh guarantee to cover the period of time extension, if any & of failure on his parts to do so shall be considered as a breach of this contract as a extension, if any and failure on his parts to do so shall be considered as a breach of this contract and without prejudice to any other remedy provided in these conditions the Engineer in charge shall have right to with hold payment and deduct the entire security amount from any money becoming payable to the contractor. The amount of the security money shall if not with held on account of breach of contract be refunded after 6 month of the date of completion of work or after payment of final which ever is later subject to the condition that in case of building works of the first rainy season comprising of months of June, July, August & September is not fully covered with in the period of 6 months mentioned above, the amount of security money if not with held on account breach of contract be refunded after the expiry of the first rainy season comprising of the months mentioned above or after the payment of the final bill which ever is later. Provided that in case the payment of the final bill is not made within six months of the completion of the work 75% of the amount of security money can be refunded with the prior approval of the authority next higher to the person accepting the contract on behalf of the Government. All compensation or other sums or money payable by the contractor to Government under the terms of his contract may be deducted from or realized by the sale of a sufficient part of his security deposit or from the interest arising there from or any sums which may be due to become due to the contractor by Government or on any account whatsoever and in the event of his security deposit being reduced by reason of any such deduction or sale as aforesaid, the contractor shall within ten days there after made good in cash or Government securities endorsed as aforesaid any sum of sums which may have deducted from or raised by sale of

17 his security deposit or any part thereof. Explanation : - For the purpose of this clause if the work under this contract includes construction or repair of any structure having roof over it, the whole work will be called as building works. CLAUSE 2. (A) Time is the essence of the contract. The contractor shall commence and shall complete the we covered by the tender, on date fixed by the Ex. Engineer for the commencement and completion of such work and in the interval between those date keep the work up to the schedule of quantities and date shown in the Progress statement to be signed by the contractor and attached to the tender if the work fails in arrears of the Progress statement in quantity or in time than everyday to or such smaller amount as the Ex. Engineer (whose decision in writing shall be finally may decide on the estimated cost of whole work provided always that the entire amount of compensation to be paid under the provisions of this clause shall not exceed ten percent of the estimated cost of the work as shown in the tender. CLAUSE 2[B] (i) To be used instead of the letter is from the nature of the works impracticable CLAUSE 2[B] (ii) Compensation for delay: Time is the essence of the contract. The contractor shall commence and shall complete the work within the period specified in the tender. Such period shall be reckoned from the date on which the order to commence work is given to the contractor. The contractor shall at all times during such period proceed with work with due deligance and he shall pay as compensation an amount equal to one percent or such smaller amount as the Ex. Engineer (whose decision in writing shall be final) may decide on the amount of the estimated cost of the whole work as shown in the tender for every day that the work remains uncomenced or unfurnished after the proper date. And further in order to ensure good progress during the execution of the work the contractor shall be bound in all cases in which the time allowed for any work exceed on month to complete one half of the value or quantitiy (as the Ex. Engineer may determine) of the whole of work before one fourth of the whole time allowed under the contract has elapsed. if half of the value or quantity (as the Ex. Engineer may determined ) of the work before one half half of such time has elapsed, and threefourths value or quantity (as the Ex.Engineer may determined) of the work before threefourth of the such time as elapsed. If the contractor fails to comply with this conditions he shall be liable to pay as compensation an amount equal to one percent of such smaller amount as the Ex. Engineer (whose decision in writing shall be final) may decide on the said estimated cost of the whole work for every day that the quantity of work remains incomplete. Provided always that the entire amount of compensation to be paid under the provisions of this clause shall not tender percent on the estimated cost of the work as shown in the tender. CLAUSE 3. (i) Action by which whole security deposit is Forfeited: (i) If any case in which under any clause or clauses of this contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of his security deposit (whether paid in one sum deducted by Instalments) the Ex. Engineer shall have power to adopt such of the following courses as he may deem best. (a) He may rescind the contract by giving the contractor 7 days notice of deusion signed by the Ex. Engineer as compensation for the loss caused by the contractor s default. (b) He may, after giving the contractor 7days notice in writing of his intention to do so measure up the work done by the contractor & then employ and any labours and supply or procure materials and carry out all or any part of the work himself of Government debting the contractor with the actual cost and crediting him at the contract rates with

18 the value of the work so done, and may postpone till completion of the work, so taken over assessment of the compensation to be paid by the contractor, if any work is so taken over by the Ex. Engineer the certificate in writing of the Ex. Engineer or of the as to its cost and value be final and conclusive against the contractor. (c) He may after giving the contractor 7 days notice in writing of his intention to do so measure up the work done by contractor and taken the work out of his hands and give a contact for its completion to another contractor and may postpone till completion of the work. The assessment of the compensation to be paid by the original, contractor. If the Ex. Engineer elects to give the completion of work to another contractor, the original contractor shall pay any expenses which may be incurred in excess of the sum which would have been paid to him if the whole work had been carried out by him and a certificate in writing of the Ex. Engineer or of by... the shall be final and conclusive as against the original contractor as to the amount of any such expenses. (ii) If the Ex. Engineer does not desire to do so the work, the contractor shall not be entitled to compensation for any loss sustained by him by reason of his having purchased or procured any material, or entered into any enjoinments or made any advances on account of with a view to the execution of the work or the performance of the contract, and shall not be entitled to recover or be paid or be given credit for any work therefore actually performed by him under this contract unless until the Executive Engineer or the Sub-Divisional Officer acting under this order shall the performance of such work and the value thereof the contractor shall only be entitled to be paid the value as so certified. (iii) If upon any occasion the Ex. Engineer abstains from exercising the power given to him by this clause such abstention shall not Prevent him from exercising of such powers upon a subsequent occasion if the contractor again makes default not shall such abstention absolve the contractor from liability to pay compensation for any default which he may have made. CLAUSE 4. Contractor remains liable to pay compensation if the action not taken under clause 3, power to take possession of or require removal of or sell contractor s plant: If the Ex. Engineer exercises any of the power giving to him by clause 3 he may if he so desire take possession of all or any tools plants material and store in or upon the work on the site there of and belonging to the contractor or procured by him and itended to be used for the exection to work any part thereof, any pay of allow the contractor of or procured to be used for the exaction to work or any part there of, and pay or allow the contractor for the same at the contract rates or in the case of these not being applicable at current market rates to be certified by the Ex. Engineer, whose certificate there of shall be final, and if the Ex. Engineer does not desire to do so, the Ex.Engineer may give notice in writing to the contractor of his clerk if the work foremen or other authorised agent required him to remove such tools plants, materials or stores from the premises (within a time to be specifies in such notice), and if he contractor fails to comply with any such requisition the Assisatant Engineer may remove at the certificate expenses of any such shall be final and conclusive the contractor. CLAUSE 5. EXTENSION OF TIME: If the contractor desire an extension of the time for completion of the work on the ground of any unavoidable hindrance to its execution having arisen, he shall apply in writing to the Engineer-in-chrage who if in his opinion reasonable ground are shown therefore, shall extend limit upto a period or six months or 50% of the time limit of provided as time of completion whichever is less and therefore authorize extension as may his opinion, be necessary or proper.

19 CLAUSE 6. FINAL CERTIFICATE: On completion of the work the contractor shall send a registered latter to Sub-Divisional officer (here-in-after called Engineer-in-charge) giving the date of completion and shall also send a copy such notice to the Executive Engineer and shall request the Engineerin-charge to give him a certificate of completion. No such certificate will be given not shall not the work be considered to be complete until the contractor has removed from the premises on which the works has been executed all scaffolding surplus materials and rubbish, and cleaned all wood-work, doors windows, wall floors or other parts of any building in upon or about which the work has been executed or of which he may have possession for the purpose of the execution there of and if the contract or fails to do so on or before the Date fixed for completion to the work the Engineer-in-charge may to do so and may sell such scaffolding and materials as have not been removed by the contractor and the contractor shall forthwith pay all expenses so incurred and shall have no claim in respect of an such scaffolding, surplus material as aforesaid except for any sum actual realised by the sale there of on completion the work shall be measured by the Engineer-in-charge, whose measurements shall be binding and conclusive against the contractor. CLAUSE 7. PAYMENT ON INTERMEDIATE CERTIFICATE TO BE AS ADVANCE: In case of work estimated to cost more than rupees one thousand the contractor shall on submitting the bill there of be entitled to receivec a monthly payment proportion are to the part there of then approved for such purpose by the Engineer-incharge whose certificate of approved and passing of the sum so payable shall be final and conclusive against the contractor. But any such payment will only be made as advances to be credited to Government in the final settlement of accounts, with the contractor and not as payment for work completed and passed and the making or any such payment shall not either preclude the Executive Engineer or Sub Divisional Officer from requiring the contractor remove or unreconstruct of reelect any work to the ground that such work is bad, unsound, imperfect to unkilled or prevent Goverment from enforcing and claim against the contractor on account of any default by him or conclude determine or affect in any way the power of the have certificate writing Engineer-incharge under there conditions or any of them as to the final settlement and adjustment of the accounts or otherwise or in any other way very or affect the contractor. The Engineer-in-charge s certificate of the measurement and of the total amount payable for the work shall be final binding on all parties. CLAUSE 8. INABILITY TO COMPLETE THE WORK: If the contractor abandors, or is unable to complete the work, the Ex. Engineer may certify in writing the value of the work done by the contractor towards the completion of the contract. Such a shall be final conclusive against the contract and he will not be paid more than the value of such works as so certified in respective of the contracts rates. CLAUSE 9. LUMP-SUM IN ESTIMATES: When the estimate on which a tender is made includes lump-sum in respect of parts of the work the contractor shall be entitled to payment in respect of the items of the work involved, or the part of work in question at the same rates as are payable under this contract for other such items of work unless the part of work in question is not in the opinion of the Engineer-in-charge capable of measurements in which case the Engineer-in-charge may pay such lump-sum has the may determine to be the value thereof, and the certificate in writing of the Engineer-in-charge shall be final and conclusive against contractor as to the basis upon which payment is to be made in such cases and as the amount to be made in such and as the amount to be paid.

20 CLAUSE 10. BILLS TO BE SUBMITTED MONTHLY: Every month on or before a date to be fixed by the Engineer-in-charge the contractor shall if so required, submmit a bill for all works executed by him during the previous month and the Engineer in charge shall take of cause to be taken all measurement necessary for checking the contractor s bills and adjusting his claim as speedily as possible. If the contractor s does not submit his bill within the time so fixed, the Engineer-in-charge may after giving the contractor...days notice in writing measure or depute someone etc.measure such work in the presence of the contractor. If the contractor face to attend when such measurement are taken, such measurement shall be binding on him & if he attends but refuse to sign the list of measurement matter shall be referred to the immediate superior of the Engineer-in-charge whose decision shall be binding on the contractor. CLAUSE 11. BILLS TO BE ON PRINTED FORMS: The contractor shall submit all bill on the printed form will be supplied to him at the office of the Engineer-in-charge and all items in such shall be charged at the rates specified in the tender or in the case of any extra work ordered in pursuance of these conditions and not mentioned or provided for in the 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 for the use of any special description or materials to bysupplied form the Engineer-in-charge (such materials and stores and for the convenience of the contractor specified in the schedule hereto annexed but not so in any way to control the meaning of effect of this contract) the contractor shall be supplied with which materials and stores as may from time to time be required at the rates specified in the said schedule or if no Rates is so specified at cost price as defined in clause 12 thereof. All materials so supplied to the contractor will become the property of the contractor, but shall not on any account be removed from the site of the work until the whole work is certified to be completed by the Executive Engineer except with the written permission of Executive Engineer, and shall at all times be open to inspection by the Engineer-in-charge. The Executive Engineer shall however have the option to take over any such materials, if unused at time of the completion or termination of contract at the specified issued rate or current market rate whichever is less. CLAUSE 12 (A): In case where the contractor is himself to supply the material he must obtain the articles required for the construction of the work from firm with Director of Industries made arrangements while in the case of materials for supply for which no such arrangements have been by the Director of Industries but in respect of which officers have in consuming department prescribed specification and or that the materials supplied by the contractor must confirm to such specification and/or test. CLAUSE 12 (B): Provided always the that contractor shall not be entitled to any compensation for damages caused or less sustain obtained by him to or supply of materials of stores by the Engineer-in-charge. CLAUSE 13: All articles required by the contract for the construction of the work and which the contractor is to supply himself shall be obtained by the contractor from the firms with which the Director of Industries has made arrangement and if for the supply of any articles no such arrangements have been made, any such articles supplied by the contractor shall confirm to such specification and/or test, if any as may be prescribed by the Director of Industries in consulation with the consuming department.