INDEX. 1. Index 1. 2 Tender invitation notice Notice Inviting Tender Letter Submitting Tender 9

Transcription

1 TENDER DOCUMENT FOR FINISHING FACIES OF INSTITUTE BUILDING WITH SILICON ADDITIVE EXTERIOR PAINT AND OTHER ALLIED WORKS IN INSTITUTE AT WIHG, GMS ROAD, DEHRADUN

2 INDEX 1. Index 1 Page Nos. 2 Tender invitation notice Notice Inviting Tender Letter Submitting Tender 9 5. Articles of Agreement & General Rules and directions Conditions of Contract & Contractor s Labour Regulations Safety Code Model Rules for Protection of Health 52 and Sanitary Arrangements for workers by the said contractor 9. List of Approved Makes Schedule of Quantities Page 1

3 WADIA INSTITUTE OF HIMALAYAN GEOLOGY 33, GENERAL MAHADEO SINGH ROAD, DEHRADUN No. WIHG/Engg / Facies/ Dated: TENDER INVITATION NOTICE Sealed item rate tenders are invited under two bid system viz., part I technical bid and part- II financial bid for Finishing facies of institute building with silicon additive exterior paint and other allied works as detailed below at the Wadia Institute of Himalayan Geology, 33, General Mahadeo Singh Road, Dehradun are invited by Registered/Speed Post from A, B & C Class contractors registered with C.P.W.D., P & T, Railways, M.E.S. and other Govt. departments up to hrs. on 15/05/2018. The tenders received will be opened at hrs. The same day. In case this day happens to be a closed day because of any of the reasons, the tenders will be opened at hrs the next working day. The estimated costs mentioned in this notice can either increase or decrease depending upon the actual needs at the time of execution of works. Late or delayed tenders will not be accepted/ considered. Contractors/firms fulfilling the conditions can download the specific tender documents for each item containing details of works proposed to be executed, along with the terms and conditions, date and time for tender opening etc. from our web site following documents along with the tender fee shall be accepted up to 15.00hrs. on (A ) TECHNICAL BID :- in separate envelope should contain the following. 1. Attested true copies of registration certificate(s) for building works issued by the appropriate authority in favour of the tenderer. 2. Attested true copies of the G.S.T Registration number, PAN number, issued by the appropriate authority in favour of the tenderer. 3. Attested true copies of Work experience certificates for the last three years in support of execution of single work of not less than 80% of the estimated cost of similar or two works of 60% each of the estimated cost or three works of 40% of each of the estimated cost of the work during the last three years. 4. Demand draft towards tender fee and Earnest money deposit be deposited separately against the tender document and kept in separate sealed envelopes each marked Tender and Earnest money and tender fee in favour of Director, Wadia Institute of Himalayan Geology, Dehradun towards the non-refundable cost of tender document. Page 2

4 (B) FINANICIAL BID: - in separate envelope containing the tender document. (C) Contractor shall be required to pay of cost of construction work in accordance with each bill payable on account of such construction to the state Government labour department. (D) The Earnest Money Deposit as shown against the work as demand draft, F.D.R or pay order of a scheduled bank drawn in favour of Director, Wadia Institute of Himalayan Geology, Dehradun S. No. 1. Work Estimated cost Cost of tender document Finishing facies of institute building with silicon additive exterior paint and other allied works ` Lakh/= approx. `-500+GST@18% (`- 590) E.M.D. (Rs.) `-17, 000/= Time completion period One (01) month. Financial bids only of those firms will be opened, who qualify on the basis of the Technical Evaluation by the Tender Committee. The Technical and Financial Bids should be put in two separate envelopes super-scribed as TECHNICAL BID and FINANCIAL BID respectively, and sealed separately. Both these envelopes should be put in a bigger envelope super-scribed as; Tender for Finishing facies of institute building with silicon additive exterior paint and other allied works in institute at WIHG, GMS Road, Dehradun to be opened on. and addressed to the Director, Wadia, Institute of Himalayan Geology,33, General Mahadeo Singh Road, Dehradun (Uttrakhand) Director, Wadia Institute of Himalayan Geology, Dehradun reserves the right to reject any or all offers/ tenders without assigning reasons thereof. REGISTRAR for Director Page 3

5 WADIA INSTITUTE OF HIMALAYAN GEOLOGY GENERAL MAHA DEV SINGH ROAD, DEHRADUN NOTICE INVITING TENDERS Dated: Sealed item rates tenders are hereby invited by the undersigned on behalf of the Director, Wadia Institute of Himalayan Geology, Dehradun for Finishing facies of institute building with silicon additive exterior paint and other allied works in institute at WIHG, GMS Road, Dehradun estimated cost of Rs lakh/= approx. including all taxes tax and labour cess as applicable from the contractors. The tenders will be received up to 15.00hrs on 15/05/2018 and shall be opened on the same date at 15.00hrs in the presence of those contractors who may like to be present. 2. Contractors/firms fulfilling the conditions can download the tender document containing details of works proposed to be executed, along with terms and conditions, date and time of opening etc. from our web site 3. Any contractor closely related to any officer of the Wadia Institute of Himalayan Geology connected with the supervision and control of the construction of above work, is not permitted to tender. The tenderer / contractor shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives of any officer in the Wadia Institute of Himalayan Geology. Any breach of this condition by the contractor who would render his tender liable to be summarily rejected and if the work would be in progress, the contract to be rescinded. In either event no claim whatsoever may be allowed to the tenderer /contractor. 4. Tender documents consisting of specifications, the schedule of quantities of the various clauses of work to be done, the set of conditions of contract to be complied with by the person whose tender may be accepted, can be downloaded from our website Plans etc. can be inspected on all working days between the office hours in the office of our Assistant Engineer. 5.Site for the work is available. 6. Sealed tenders should be addressed to the Director, Wadia Institute of Himalayan Geology, Dehradun super scribed Finishing facies of institute building with silicon additive exterior paint and other allied works in institute at WIHG, GMS Road, Dehradun and sent so as to reach not later than on15.00hrs Page 4

6 7.A tender must be accompanied by Earnest Money amounting to a sum of ` /= in the form of a bank draft, F.D.R or pay order drawn in favour of Director, Wadia Institute of Himalayan Geology, Dehradun and payable at any branch of a scheduled Bank at Dehradun. Any tender, which is not accompanied by earnest money, shall be summarily rejected. The earnest money will be returned without any interest to the tenderer if his tender is not accepted. 8. The Employer does not bind himself to accept the lowest or any tender and reserves the right to accept or reject any or all the tenders, either in whole of in part without assigning any reasons for doing so. 9. (a) Each page of the tender is required to be signed by the person or persons submitting the tender in token off his/their having acquainted himself / themselves with the Genera Conditions of Contract, specifications, Special Conditions, etc. as laid down. Any tender with any of the documents not so signed will be rejected. This also applies in respect of limited and private limited companies. (b) The tender submitted on behalf of a firm shall be signed by all the partners of the firm or by a partner who has the necessary authority on behalf of the firm to enter into proposed contract otherwise the tender is liable to be rejected. 10. The tender form must be filled in English Language and all entries must be made by hand and written in ink. If any of the documents is missing or unsigned, the tender will be considered invalid. 11. All erasures and alterations made while filling the tender must be attested by initial of the tenderer. Overwriting of figures is not permissible; failure to comply with either of these conditions will render the tender void. No advice of any change in rate or conditions after opening of tender will be entertained. 12. Tender shall remain valid for a period of 120 days from the date of opening of the tenderer. If any tenderer withdraws his tender before the said period or makes any modification in the item rates, terms and conditions of the tender which are not acceptable to the Employer, then the Employer shall without prejudice to any right or remedy, be at liberty to forfeit the said earnest money. 13. The tenderer whose tender is accepted, will be required to furnished performance guarantee of 5% (five present) of the tendered amount with in the period specified. The 5% of amount of awarded tender is required to submit in the form of F.D.R/B.G.B issued from any bank mentioned in the schedule of R.B.I Act 1934 failing which the same amount will be deducted from the Ist running bill payable to the contractor. 14. All compensations or other sums of money payable by the contractor to the employer under the terms of this contract shall be deducted from his earnest money and the security deposit if the amount to permits and contractor, shall, unless such deposit has become otherwise payable, within ten days after such deductions make good in cash the amount so deducted. 15. A schedule of probable quantities in respect of such work and specification shall accompany this Notice Inviting Tender. The schedule of probable quantities is Page 5

7 liable to alterations by omission, deductions or additions at the discretion of the Employer. Each tender should contain not only the rates but also the value of each item of work entered in a separate column and all the items should be totaled up in order to show the aggregate value of the entire tender. All corrections in the tender rates shall be duly attested by the dated initials of the tenderer. Corrections which are not attested may entail the rejection of the tender. Rates would be quoted both in figures and words in columns specified. However, if a discrepancy is found then the rates which correspond with the amount worked out by the tenderer shall be taken as correct. If the amount of an item is not worked out by the tenderer or it does not correspond with the rate written either in figures or in words then the rate quoted by the tender in words shall be taken as correct. Where the rate quoted by the tenderer in figures and words tally but the amount is not worked out correctly the rate quoted by the tenderer will be taken as correct and not the amount. 16. All rates shall be quoted on the proper form of the tender alone. 17. The rates quoted in tender shall be including all statutory tax and labour cess as applicable. 18. The tenderer must obtain for himself on his own responsibility and at his own expense all the information which may be necessary for the purpose of making a tender and for entering into a contract and must examine the drawings and must consider and inspect the site of work and acquaint himself with all local conditions, means of access to the work, nature of the work and all matters pertaining there to and influencing its rates for the work. 19.(a) The rates quoted in the tender shall include all charges for double scaffoldings, centering materials, water and meter charges, electric charges, temporary plumbing, cost of materials, hire for any tools and plants, sheds for materials, marking out and clearing of site, watering concrete, etc. as mentioned in the specifications. The rates quoted shall be deemed to be for the finished work. Tenderer must include in his rates royalty, sales tax, excise duty, octroi and any other tax and duty, or other levy levied by the Central Government or any State Government or local authority, if applicable. No claim in respect of royalty, sales-tax, excise duty, octroi or other tax, duty or levy shall be entertained by the employer. (b) Tendered rates shall include all taxes and levies payable under the respective statutes. Provided that the employer shall recover and remit to the respective tax authority the amount of income-tax and turn-over tax, the latter levied under rule 44B and 44C of the Sales-tax. The employer will give a certificate to the contractor specifying the amount of type of tax so recovered and the contractor will be free to claim any refund due to him in respect of such a tax, provided further that the tender rates are specifically inclusive of the levy turn-over tax and the contractor shall not be entitled to any claim, benefit or relief, if at any later stage such a levy ceases to be leviable for any reason whatsoever including with draw; protesting aside by the degree of a court of law or if the withdrawal, setting aside or a stay against the recovery thereof. Notwithstanding any such Page 6

8 cessation, of contractor s running/ final bill by a corresponding amount and pay him only the net sum so arrived at. Provided still further that in any of the above eventualities if the amount recovered has been remitted to the respective tax authority for turn-over tax, the refund of the amount so remitted shall be claimed exclusively by the employer and the contractor shall not have any claim whatsoever thereon. 20. The calculations made by the tenderer should be based upon probable quantities of the several items of quantities but it must be clearly understood that the individual items nor the aggregate value of the entire tender will form part of the contract and that the Employer does not in any way assure the tenderer or guarantee that the said probable quantities are correct or that the work would correspond thereto. 21. Canvassing in connection with tenders is strictly prohibited and the tenders submitted by the contractors who resort to canvassing will be liable to rejection. 22. Within fourteen days of issue of letter of intent from the Employer of the acceptance of his tender the successful tenderer shall be bound to execute the contract by signing in accordance with the draft agreement and schedule of conditions but written acceptance by the Employer of a tender will constitute a binding contract between the Employer and the tenderer whether such formal contract is subsequently entered into or not. 23. Time shall be considered as the essence of the contract. The entire work must be completed within the stipulated period. The attention of the tenderer is drawn to clause 2 & 3 of the conditions of contract referring to damage for non completion. The tenderer shall before commencing work prepare a detailed work program which shall be approved by the Employer. 24. The contractor shall nor assign or sublet any portion of the contract. He must not sublet any portion of the contract except with written consent of the Employer failing which the Employer may serve notice in writing rescinding the contract where upon the security deposit shall stand forfeited and at absolute disposal of the Employer. 25. The contractor shall not be entitled to any compensation for any loss suffered by him on account of delays in commencing or executing the work whatever the cause of delay may be, including delays arising out of modifications to the work entrusted to him or any subcontracts connected there with or delays in awarding contracts for other trades of the project or in commencement or completion of such works or in procuring Government controlled or other building materials or in obtaining water and power connection for construction purposes or for any other reason, whatsoever and the Employer shall not be liable for any claim in respect thereof. The Employer does not accept liability for any sum besides the tender amount subject to such variations as may be provided for herein. 26. The successful tenderer is bound to carry out any items of work necessary for the completion of job even though such items are not included in the quantities and rates. Schedule and instruction in respect of such additional items and their quantities will be issued in writing by the Employer. Page 7

9 27. If the Headquarters of the successful tenderer is elsewhere than Dehradun he shall have a duly authorized agent in Dehradun from the commencement of the work until the building is occupied by the Employer. Such agent shall be authorized to act on behalf of the successful tenderer to accept service of notice of contract and to agree to extras, omissions and varied items of work and rates for the same. Such agent shall maintain on his staff a qualified engineer as per clause 35 of conditions of contract and approved by the Employer and such office personnel as may be required for the efficient execution of work. Any notice under the contract shall be deemed to have been served on the successful tender if served upon such agent or sent by registered letter to his address. Such agent shall not bee changed and shall not leave during the duration of contract, unless the consent of the employer shall have been previously obtained. If the Employer shall order the tenderer to carry out any rectification under the terms of the contract after the work is completed., the successful tenderer shall have the same or another duly authorized agent while such rectification s are being carried out. 28. The successful tenderer to whom work will be awarded must associate himself with specialised agencies of sanitary and water supply installation, water proofing work, anti-termite treatment work. The tenderer shall also submit along with his tender a list mentioning the names of manufacturers of specialized items like water proofing, flush, floor tiles, false ceiling, etc. which he proposes to use in the work if his tender is accepted. Page 8

10 Letter Submitting Tender To, The Director, Wadia Institute Of Himalayan Geology 33, General.Mahadev.Singh Road Dehradun. Dear Sir/Sirs, With reference to the tender invited by you for the for Wadia Institute of Himalayan Geology, Dehradun I/we do hereby offer to execute the works under contract at the respective rats mentioned in the schedule of quantities. I/ we have examined the drawings, seen the site, and read the articles of agreement, conditions of contract, specifications and special clauses-forming part of the schedule of quantities etc. I/we agree to finish the whole of the works within months from the date of getting possession of the site or order to start work. I/we have deposited as earnest money Rs. (Rupees only) by a bank draft in favour of you and this amount is not to bear any interest. I/we do hereby agree the conditions laid down by you in the tender documents. I we understand that you are not bound to accept the lowest or any tender that you receive in whole or in part without assigning any reasons for doing so. Yours faithfully, Name of Partners of the Firm Name of our Bankers Tenders submitted on before P.M. Page 9

11 ARTICLES OF AGREEMENT 1. This agreement made on day of between the Director, Wadia Institute of Himalayan Geology, Dehradun (hereinafter referred to as the Employer which expression shall include his heirs, executors, their respective administrators and assigns) of the one part and M/s (hereinafter referred to as Contractor which expression include their heirs and successors in business) of the other part. 2. Whereas the Employer is desirous for Finishing facies of institute building with silicon additive exterior paint and other allied works in institute at WIHG, GMS Road, Dehradun for Wadia Institute of Himalayan Geology, Dehradun and has caused drawings and specifications describing the work to be done, prepared by Architects (hereinafter referred to as the Architects ) and approved by the Employer and whereas the said drawings, here to and the specifications and the priced schedule of quantities have been signed by the parties. 3. Whereas the Contractor has agreed to execute upon, and subject to the conditions set forth by the Wadia Institute of Himalayan Geology (hereinafter referred to as The Said Conditions ), the work shown upon; (the said drawings and described in the said specifications ) and the said priced schedule of quantities attached amounting to Rs. as per the schedule off estimated quantities. 4. And whereas the Contractor has deposited Rs. only with the employer for the due performance of the Agreement. Now Therefore, It is Agreed and Declared as Follows: 1. The Employer shall pay the Contractor such sums as shall become payable hereunder at the time and in the manner as specified in the said conditions. 2. The above mentioned plans, agreement and documents shall form the basis of this Contract and the decision of the said Employer as mentioned in the conditions of the contract in reference to all matters of dispute as to the material, workmanship or account and as to the intended interpretation of the clauses of this Agreement or any of document attached hereto shall be final and binding on both parties, and may be made a Rule of Court. 3. The said contract comprises of buildings above mentioned and all subsidiary works connected therewith in the same site as may be ordered to be done from time to time by the said Employer or the other Architects for the time being even though such works not shown on the drawings or described in the said specifications or the priced schedule of quantities. 4. The Employer reserved to himself the right of altering the drawings and nature of work and of adding to or omitting any items of work or of having portions of the same carried out Page 10

12 departmentally or otherwise and such alterations or variations shall be carried out without prejudice to this contract. 5. The said conditions shall be read and construed forming part of this agreement and the parties hereto will respectively abide by and submit themselves to the conditions and stipulations and perform the agreement on their parts respectively in such conditions contained. 6. All disputes arising out of or in any way connected with this agreement shall be deemed to have arisen in Dehradun and only the Courts in Dehradun shall have jurisdiction to determine the same. 7. The several parts of this contract have been read by us and fully understood by us. In witness there off we hereby putt our hands and seal this day of Signed by the Said Contractor Employer In the presence of Page 11

13 Wadia Institute of Himalayan Geology, Dehradun General Rules and Directions: 1. All works proposed for execution by contract will be notified in a form of tender signed by the Registrar, Wadia Institute of Himalayan Geology, Dehradun or his authorized representative. This form will state the work to be carried out as well as the date for submitting and opening tenders and the time allowed for carrying out the work; also the amount of earnest money to be deposited with the tender, and the amount of the Performance security deposit to be deposited by the successful tenderer, and percentage if any to be deducted from bills, copies of specifications, designs and drawings and any other documents required in connection with the work signed for the purpose of identification by the Director, Wadia Institute of Himalayan Geology, Dehradun, shall also be open for inspection by the contractor at the office of Registrar, Wadia Institute of Himalayan Geology, Dehradun during office hours. 2. In the event of tender being submitted by a firm, it must be signed separately by each member thereof or in the event of the absence of any partner, it must be signed on his behalf by a person holding a power-of-attorney authorising him to do so, such power of attorney to be produced with the tender, and it must disclose that the firm is duly registered under the Indian Partnership Act. 3. Receipts for payments made on account of a work, when executed by a firm, must also be signed by the several partners and except where contractors are described in their tender as a firm, in which case the receipts must be signed in the name of the firm by one of the partners or by some other person having authority to give effectual receipts for the firm. 4. Any person who submits a tender shall fill up the schedules of quantity (printed form) stating at what rate he is willing to undertake each item of the work. Tenders which propose any alteration in the work specified in the said form of invitation to tender or in the time allowed for carrying out the work or which contain any other conditions of any sort, will summarily rejected. 5. The Director, Wadia Institute of Himalayan Geology or his duly authorized official will open tenders in the presence of any intending contractor who may like to be present at that time and will enter the amounts of the several tenders in a comparative statement in a suitable form. In the event of a tender being accepted, a receipt for the earnest money shall be given the contractor. In the event of a tender being rejected, the earnest money forwarded with such unaccepted tender shall be returned to the contractor without any interest. 6. The employer shall have the right of rejecting all of any of the tenders either in whole or in part and shall not be bound to accept the lowest tender. 7. The receipt of an accountant or clerk for any money paid by the contractor will not be considered as any acknowledgement of payment to the WIHG. and the contractors shall be responsible for seeing that he procures a proper receipt duly signed by the Employer or his authorized official. Page 12

14 8. The memorandum of work tendered for the schedule of materials to be supplied by the WIHG. and their issue rates shall be filled in and completed in the office of the WIHG. before the tender form is issued. If a form is issued to an intending tenderer without having been so filled in and completed, he shall request the office to have this done before he completes and delivers his tender. 9. If it is found that the tender is not submitted in proper manner or contains too much correction and/ or absurd rates or amounts, it would be opened for the WIHG. to take suitable disciplinary action against the contractor and his tender is also liable to be rejected. 10. The tenderer shall sign a declaration under the officials secret act for maintaining secrecy of the tender documents, drawings or any other records connected with the work given to them. 11 Tests. During the progress of the work and the period of maintenance the contractor shall vary out such tests as in the opinion of the Engineer or his authorized representative are necessary to determine that the materials supplied comply with the conditions of the specifications of this contract whether under test conditions or actual use. The test carried out shall be in accordance with specifications, and as may be required by the Engineer. The Engineer, however reserves, the right to include any further tests he considers necessary. The rate in Schedule-g shall include cost of such tests. 12 Samples. As the work proceeds the contractor shall submit samples for approval as may be required by the Engineer and all deliveries at the site shall not be below standard of the samples. A list of such samples required in the first instance is given in schedule-b. 13 Want of Knowledge: The contractor must carefully go through the conditions, specifications and terms of any contract and examine the drawings and in case of any obscurity, apply to the Engineer for its elucidations as no excuse for want of knowledge for non-compliance with any part of portion of the specifications or terms of contract can be considered. He is also advised to see the site of works before tendering to make himself familiar with the conditions there and to make his rates sufficiently comprehensive to meet all such unforeseen difficulties. Page 13

15 DECLARATION I / We hereby declare that I / We shall treat the tender documents drawings and other records connected with the work as secret/ confidential documents and shall not communicate information/ derived there from to any person other than a person to whom I/We am/are authorized to communicate the same or use the information in any manner prejudice to the safety of the same. ITEM RATE TENDER FOR WORKS I / We hereby tender for the execution for the Wadia Institute of Himalayan Geology, Dehradun of the work specified in the underwritten memorandum within the time specified in such memorandum at the rates specified in the attached schedule of quantities there in and in accordance in all respects with specifications, design, drawings and instructions in writing referred t in rule 1 hereof and in clause 11 of the conditions of contract and with such materials as are provided for and in all respects in accordance with such conditions so far as applicable. MEMORANDUM (a) Name of Work: (b) Estimated Cost: (c) Earnest money: (d) Security Deposit: Such a sum as will amount to 10% of the estimated cost of the work put to tender subject to a maximum of Rs lacs. (The security deposit will be collected by deductions from the running bills of the contractor at the rates mentioned above and the earnest money deposited at the time of submitting tender, will be treated as part of the security deposit. The security deposit receipts or guarantee bounds of any scheduled banks). (e) Time allowed for the work from the 15 day after date of written order to commence work is Should this tender be accepted in whole or in part, I/we hereby agree: (i) To abide by and fulfill all the terms and provisions of the said conditions annexed hereto and all the terms and provisions contained in Notice Inviting Tender so far as applicable, and/or in default thereof to forfeit and pay to Director, Wadia Institute of Himalayan Geology or his successors in Office, the sum of money mentioned in the said conditions. A sum of Rs. (..) is hereby furnished in form of demand draft or a scheduled bank guaranteed by the Reserve Bank of India, drawn in favour of Director, Wadia Institute of Himalayan Geology, Dehradun as earnest money. If I/We fail to commence the work specified in the above memorandum. I/We agree that the said Director, Wadia Institute of Himalayan Geology, Dehradun or its successor in office shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money otherwise the said earnest money shall be retained by him towards security deposit mentioned against clause (d) of the above mentioned memorandum. Page 14

16 (ii) To execute all the works referred to in the tender documents upon the terms and conditions contained or referred to therein and to carry out such deviations as may be ordered up to a maximum of twenty five percent at the rate quoted in the tender documents and those in excess of that limit at the rates to be determined in accordance with provisions contained in clause 12A of the tender form. I/We agree that should I/We fail to commence the work specified in the above memorandum, an amount equal to the amount of the earnest money mentioned in the form of invitation of tender shall absolutely forfeited to the Wadia Institute of Himalayan Geology deposit in so far as the same may extend in terms of the said bond and in the event of deficiency out of any other money due to me/us or otherwise. Dated the Day of. Witness :- Address :- Occupation :- Signature of Contractor. The above tender for a sum of Rs. (Rupees is hereby accepted by me on behalf of the Wadia Institute of Himalayan Geology. Dated:- Signature. Page 15

17 CONDITIONS OF CONTRACT DEFINITIONS: 1. The contract means the documents forming the tender and acceptance thereof and the formal agreement executed between Wadia Instt. of Himalayan Geology and the contractor, together with the documents referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to time by the Director, Wadia Instt. of Himalayan Geology or his authorized officials and all these documents taken together shall be deemed to form one contract and shall be complementary to one another. 2. In the contract the following expression shall unless the context otherwise requires have the meaning hereby respectively assigned to them:- a) The expression Work or Works shall unless there be something either in the subject or context repugnant to such construction be construed and taken to mean the works by or virtue of the contract, contracted to be executed whether temporary or permanent and whether original, altered, substituted or additional. (b) The Site shall mean the land and / or other places or any adjacent land, path or street through which work is to be executed under the contract, which may be allowed or used for the purpose off carrying out the contract. (c) The Contractor shall mean the individual or firm or company whether incorporated or not, undertaking the works and shall include the legal personal representative or such individual or the persons composing such firm or company or the successors of such firm or company and the permitted assignors of such individual or firm or firms or company. (d) The Wadia Institute of Himalayan Geology, Dehradun means the Wadia Institute of Himalayan Geology, Dehradun Society registered under Societies Registration Act, 1860 (hereinafter referred to as WIHG.) (e) Employer shall mean Director, Wadia Institute of Himalayan Geology, Dehradun and his/ her heirs, legal representatives assigns and successors. CLAUSE 1 : SECURITTY DEPOSIT: The Contractor shall permit Wadia Institute of Himalayan Geology, Dehradun at the time of making any payment to him for work done under the contract to deduct such sum as will amount to 10% of the gross value of the work done in each running bill subject to a maximum of Rs. 5,00,000 (Rupees Five Lacs only) here in after called as security deposit. The earnest money deposited by the Contractor at the time of tendering shall form part of the security deposit, unless he/they has/have deposited the amount of security at the rates mentioned above in cash or in the form of Government securities or fixed deposit receipts or guarantee bonds of any scheduled bank or State Bank of India. In case a fixed deposit security deposit and the Bank goes into liquidation or for any reason is unable to make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the contractor and the contractor shall forthwith on demand furnish Page 16

18 additional securities to the Wadia Institute of Himalayan Geology, Dehradun to make good the deficit. Such deductions will be held by Wadia Institute of Himalayan Geology, Dehradun by way of security deposit, provided always that the Wadia Institute of Himalayan Geology, Dehradun for this purpose shall be entitled to recover ten percent of the amount of the work awarded. All compensation or the other sums money payable by the contractor under the terms of this contract may be deducted from or paid by the sale of a sums which may be due or may become due to the contractor by Wadia Institute of Himalayan Geology, Dehradun of any such deductions or sale as aforesaid, the contractor shall within 10 days make good deposit receipt tender by the State Bank of India or by scheduled banks, (in case of prescribed by the Reserve Bank of India; or Wadia Institute of Himalayan Geology, Dehradun securities (if deposited for more than 12 months) endorsed in favour of the Director, Wadia Institute of Himalayan Geology, Dehradun, any sum or sums which may have been deducted from, or raised by sale of his running bills of the contractor at the rate mentioned above and the earnest money if deposited in cash at the time of tenders will be treated as part of security deposit. NOTE 1 : The Government papers tendered as security will taken at 5% (five percent) below its market price pr at its face value, which ever is less. The market price of Government papers would be ascertained by the Employer at the time of collection of interests and the amount of interest to the extent of deficiency in value of the Government papers will be withheld, if necessary. NOTE 2: Government securities will include form of securities mentioned in Rule No of the G.F. Rules except fidelity bond. This will be subject to the observance of the condition mentioned under the rule against each form of security. CLAUSE 2 : TIME CLAUSE: The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be deemed to be of the essence of the contract on the part of the contractor and shall be reckoned from the fifteenth day after the date on which the order to commence the work is issued to the contractor. The work shall, throughout the stipulated period of the contract be proceeded with all due diligence and the contractor shall pay as compensation an amount equal to one percent or such smaller amount as the Director, Wadia Institute of Himalayan Geology (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 non commenced or unfinished after the proper dates. And further to ensure good progress during the execution of the work, the contractor shall be bound in all cases (save for special jobs) to complete oneeighth of the whole of the work before one fourth of the whole time allowed under the contract has elapsed three-eights of the work before one-half of such time has elapsed and three-fourths of the work before three fourths of such time has elapsed. However, for special jobs if a time-schedule has been submitted by the contractor and same had been accepted by the Employer, the contractor shall comply with the said time schedule. In the event of the contractor failing to comply with this condition, he shall be liable to pay as compensation an amount equal to one percent or such smaller amount as the Director, Wadia Institute of Himalayan Geology, Dehradun (whose Page 17

19 decision in writing shall be final) may decide on the said estimated cost of the whole work for every day that compensation to be paid under the provisions if this clause shall not exceed ten percent on the estimated cost of the work as shown in the tender. Clause 3: RESCIND OF WORK: Thee Director, Wadia Institute of Himalayan Geology, Dehradun may without prejudice to his right against the contractor in respect of any delay or inferior workmanship or otherwise or to any claims for damage in respect of any breaches of the contract and without prejudice to any right or remedies under any of the provisions of this contract or otherwise and whether the date of completion has or has not elapsed by notice in writing, absolutely determine the contract in any of the following cases: (i) If the contractor, having being given by the Employer, a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in any inefficient or otherwise improper or un-workman-like manner, shall omit to comply with the requirement of such notice for a period of seven days if the contractor shall delay or suspend the execution of the work so that either in the judgment of the Employer (which shall be final and binding) he will be unable to secure completion of the work by the date for completion or he has already failed to complete the work by that date. (ii) If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of the creditor shall be appointed or if circumstances shall arise which entitle the court or creditor to appoint a receiver or a Manager or which entitle the court to make a winding up order. (iii) If the contractor commits breach of any of the terms and conditions of the contract. (iii) If the contractor commits any acts mentioned in Clause 21 hereof. When the contractor has made himself liable for action under any of the cases aforesaid, the Director, Wadia Institute of Himalayan Geology, Dehradun shall have powers: (a) To determine or rescinding the contract as aforesaid (of which termination or recession notice in writing to the contractor under the hand of the Director, Wadia Institute of Himalayan Geology shall be conclusive evidence upon such determination or recession the security deposit of the contractor shall be liable to be fore forfeited and shall be absolutely at the disposal of the Wadia Institute of Himalayan Geology, Dehradun (b) To employ labour paid by the Wadia Institute of Himalayan Geology, Dehradun and to supply materials to carry out the works or any part of the work debiting the contractor with the cost of the labour and the price of the material (of the amount of which cost and price certified by the Architect/Employer shall be final and conclusive against the contractor) and crediting him if it has been carried out by the contractor under the terms of this contract. The certificate of Employer as to the value of the work done shall be final and conclusive against the contractor provided always the action under the sub clause shall only be taken by the Wadia Institute of Himalayan Geology, Dehradun are less than the amount payable to the contractor at his agreement rates, the difference should not be paid to the contractor. Page 18

20 (c) After giving notice to the contractor to measure up the work of the contractor and to take such part thereof as shall be un executed out of his hands and give it to another contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him (of the amount of which excess the certificate in writing of the Employer shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by Wadia Institute of Himalayan Geology, Dehradun under this contract or on any other account whatsoever or from his security deposit or the proceeds of sales thereof or a sufficient part thereof as the case may be. In the event of any one or more of the above courses being adopted by the Director, Wadia Institute of Himalayan Geology the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any engagements or made any advance on account or with a view to the execution of the work or the performance of contract and in case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to recover or be paid by any sum for any work thereof for actually performed under this contract unless and until the Employer has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid the value so certified. CLAUSE 4: POST RECISION ACTION: In any case in which any of the powers conferred upon the Director, Wadia Institute of Himalayan Geology, Dehradun by clause 3 thereof, shall have become exercisable and the same shall not be exercised, the non exercise thereof shall not constitute a waiver of any of the conditions hereof off the powers vested in him under the preceding clause, he may if he so desires after giving a notice in writing to the contractor take possession of or (at the sole discretion of the Employer which shall be final) use as on hire (the amount off hire money being also in the final determination of the Employer), all or any tools, plants, materials and stores, in or upon the works, or the site thereof, belonging to the contractor, or procured by the contractor and intended to be used for the execution of the work or any part thereof paying or allowing for the same in account at the contract rates or in the case of these not being applicable at current market rate to be certified by the Employer by notice in writing may order the contractor or his clerk of the works, foreman or other authorized agent to remove such tools, plants materials, or stores from the premises (within and a time to be specified in such notice) and in the event of the contractor failing to comply with any such requisition, the Employer may remove them at the contractor s expense or sell them by auction or private sale on account of the contractor and at his risk in all respects and the certificate of the Employer as to the expense of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor. CLAUSE 5: EXTENSION OF TIME: If the contractor shall desire an extension of time for completion of the work on ground of his having been in avoidably hindered in its execution or on any other grounds, he shall apply in writing to the Director Wadia Institute of Himalayan Geology, Dehradun within 30 days of the date of hindrance on Page 19

21 account of which he desires such extension as aforesaid and the Director, WIHG, shall, in his opinion (which shall be final) reasonable ground be shown therefore authorize such extension of time, if any, as may, in his opinion, be necessary or proper. CLAUSE 5(A): In the event of delay by the Employer to hand over to the contractor possession of land/lands necessary for the execution of the work or to give the necessary notice to the contractor to commence work or to provide the necessary drawings or instructions or to do any act or thing which has the effect of delaying the execution on the work, then notwithstanding anything contained in the contract such failure or delay shall in no way effect or initiate the contract or alter the character thereof or entitle the contractor to any damage for compensation thereof, but in all such cases the contractor may ask such extension or extensions of the completion date as may be deemed fair and reasonable by the Wadia Institute of Himalayan Geology, Dehradun, and the decision of the Director, Wadia Institute of Himalayan Geology, Dehradun shall be final and binding. CLAUSE 6: COMPLETION OF WORK Within ten days of completion of the work, the contractor shall give notice as such completion to the Employer and his representative within ten days of the receipt of such notice the Employer shall inspect the work and if there is no defect in the work, shall furnish the contractor with a certificate of completion otherwise a provisional certificate of completion indicating defects (a) to be rectified by the contractor and or (b) for which payment will be made at reduced rates, shall be issued not no certificate off completion provisional or otherwise shall be issued, nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall be executed all scaffolding surplus materials, rubbish and all huts and sanitary arrangements required for his/ their work people on the site in connection with the cleaned off the dirt from all wood work is to be executed, or of which he may have had measured by the Employer. If the contractor shall fail to comply with the all huts and sanitary arrangements as aforesaid and cleaning off dirt on or before the date contractor remove such scaffolding surplus material and rubbish etc. and dispose off the same as he thinks fit and clear off such dirt as aforesaid, and the contractor shall have no claim in respect of any such scaffolding or surplus material as aforesaid except for any sum actually realized by the sale thereof. CLAUSE 6A: The splashes and droppings from white washing, colour washing, painting etc on wall, floors, doors, windows, etc. shall be removed and the surface cleaned, simultaneously with the completion of these items of work in the individual rooms, quarters or premises etc. Where the work is done without waiting for the actual completion of all the other items of wok in the contract. In case the contractor fails to comply with requirements of this clause, the Employer shall have the right to get this work done at the cost of the contractor either departmentally or through another agency. Before taking such action, the Employer shall give two days notice in writing to the contractor. Page 20

22 CLAUSE 7: MODE OF PAYMENT: The contractor shall on submitting the bill, be entitled to receive a monthly payment proportionate to the part thereof then executed to the satisfaction of the Employer, whose certificate of the sum so payable shall be final and conclusive against the contractor. But all such intermediate payments shall be regarded as payment by way of advance against the final payment only and not as payments for work actually done and completed, and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be removed and taken away and reconstructed or re-erected or be considered as an admission off the due performance of the contract or any part thereof in any respect or the acquiring of any claim nor shall it conclude, determine or effect in any way the powers of the Employer under these conditions or any of them as to the final settlement and adjustment of the accounts or otherwise or in any other way vary or affect the contract. The final bill shall be submitted by the contractor within one month of the date fixed for completion of the work or of the date of certificate of completion furnished by the Employer and payment shall be made within six months of submission of such bills. If there shall be any dispute about any item or items of the work then the undisputed item or items only shall be paid within the said period of six months. The contractor shall submit a list of disputed items within thirty days from the disallowance thereof and if he fails to do this, his claim shall be deemed to have been fully waived and absolutely extinguished. CLAUSE 8: MEASUREMENT OF WORKS: Any bill shall be submitted by the contractor each month on or before the date fixed by the Employer for all works executed in the previous month and the Architect shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim as, far as admissible, adjusted as far as possible before the expiry of ten days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, then the Employer within seven days of whose countersignature to the measurement list will be sufficient warrant and the Employer may prepare a bill from such list. CLAUSE 8-A: Before taking any measurement of any work as has been referred to in clause 6,7 and 8 hereof, the Employer shall give reasonable notice to the contractor. If the contractor fails to attend at the measurement after such notice or fails to countersign or to record the difference within a week from the date of measurement in the manner required by the Architect or by the person deputed by him as the case may be shall be final and binding on the contractor and the contractor shall have no right to dispute the same. CLAUSE 9; CONTRACTOR S BILL: The contractor shall submit all bills to the Employer on the printed forms to be had on application from the office of Employer and the charges in the bills shall always be entered 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 Page 21