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expression shall unless excluded by or repugnant to the context include their successors
A.K. HIRISE PRIVATE LIMITED, Kolkata West International City Unit No. A/08/05,
Salop More, P.O. Bankara, Dist. Howrah PIN 711 403 (Hereinafter referred to as the
include its successors in office, their assignees, their heirs, administrators and
WHEREAS
R.C.C. Bridge over river Gomati near Hemnagar Coastal Police Station G.P.
b. The Client has awarded the job to the PRINCIPAL vide their Work Order/Memo No.
the contractor for the job construction of R.C.C. Bridge over Gomati near Hemnagar
Coastal Police Station G.P. Jogeshgunj, P.S. & Block Hingalgunj, Dist North 24
d. The CONTRACTOR has been selected among all the bidders in terms of its technical
and managerial capacity and cost involvement to the PRINCIPAL vide the offer
e. The PRINCIPAL has assigned Sri Joy Dutta, Executive Engineer/C,E,P as Project–
in-Charge (PIC) for controlling and monitoring the project activities on behalf of the
PRINCIPAL.
1. The PRINCIPAL shall assign the job to the CONTRACTOR as per terms and
conditions stated hereinafter in the agreement.
2. The following documents shall be deemed to form and be read and construed as part
of this Agreement viz.
i. NIT
ii. General Terms and Conditions
3.1 All works shall be carried out by the CONTRACTOR as per Drawing BOQ & IS
3.2 The measurement of works shall be done jointly by the PRINCIPAL and the
with the PRINCIPAL to execute, complete and maintain the permanent works in
conformity in all respects with specifications and other provisions of the Contract.
3.4 The contractor shall extend all necessity cooperation required during the site visit
4.1. Machinery, Equipment, Tools & Tackles: All machinery, equipments, tools &
tackles required for the work shall be arranged / purchased by the
CONTRACTOR at their own cost. These should be in good & running condition,
having full efficiency. Spares of such machinery, equipments, tools & tackles, etc.
shall be kept at site to avoid stoppage of very important work.
4.2.1 Site Facilities :-
4.2.2 The site of work will be handed over to the CONTRACTOR in “As is where is”
condition. In case of any underground or overhead obstruction, the
CONTRACTOR shall bear necessary charges for their removal/shifting
4.2.4 Watch & Ward at site round the clock for guarding all material-machinery etc.
shall be arranged by the CONTRACTOR at their own cost.
4.2.5 The CONTRACTOR shall have to post experienced technical personnel at site
and all instruction will be given to him by the PRINCIPAL. He shall also be
responsible for maintaining liaison with CLIENT in matters regarding execution
of the work. In absence of any such technical person, no permission will be given
to the CONTRACTOR for executing any job.
4.2.6 The CONTRACTOR shall made access roads for movement of equipments,
labour, machinery to the work front at their own cost.
4.2.7 The CONTRACTOR shall provide a vehicle to the officers of the PRINCIPAL
for project supervision and monitoring as and when required.
5) STATUTORY COMPLIANCE :
5.1 Labour License: Labour License under Contract Labour (R & A) Act will be
obtained by the CONTRACTOR and rules thereof will have to be followed by the
CONTRACTOR. License fees thereof and premium towards Workmen
Compensation & other Insurance, shall have to be maintained by the
CONTRACTOR as per the norms of the Contract Labour (R&A) Act. The
CONTRACTOR shall comply with all statutory Rules & Regulations in
connection with the said Act including maintaining all Registers and engagement
of Contract Labour and the payment of minimum wages thereof including any
other statutory payment as per Laws of Land. The CONTRACTOR shall submit
photocopies of monthly Challan of P.F. contribution of their employees to the
PRINCIPAL.
5.3 Professional Tax : The CONTRACTOR shall also deduct the amount from his
employees on regular basis as P.Tax and will remit to P.Tax Authority on regular
basis as per Provision (s) of West Bengal Professional Tax Act & Rules there
under.
5.4 Employees State Insurance (ESI) : Under Employees State Insurance Act 1948
Rules and Regulation 1950, the CONTRACTOR shall deposit contribution in
Form 6 and submit the challans every month to the PRINCIPAL.
6. STATUTORY DEDUCTIONS:
Bengal Finance (ST) 1941 West Bengal Sales Act 1954 (Rule 6) /VAT under
Section 24(1) /24(1)(b) of the West Bengal Value Added Tax Added Tax Act
2003/Central Sales Tax Act 1956 (Rule 5(i) on work value as applicable.
Total Security Deposit @ 10.0% (Ten percent) shall be deducted from each R/A
bill of the CONTRACTOR after adjusting deposited EMD amount. The said
expiry of defect liability period for the job executed in terms of the conditions of
6.4 Royalty:
6.4.2. Non-appliance of the above, the Royalty /Cess amount will be deducted the
Service Tax :
Service Tax shall be paid extra, if applicable, subject to payment made by the
client in this account.
7.1 The CONTRACTOR shall have to maintain the whole of the permanent work in a
thoroughly sound, substantial, efficient & perfect condition during the security
period as stipulated in the contract with the CLIENT/PRINCIPAL, remedying at
the cost of the CONTRACTOR and to he satisfaction of the CLIENT/PRINCIPAL
any defects which may become apparent prior to handling over & during the Defect
Liability Period (as fixed by the Client) arising out of defective workmanship or
default, neglect or omission on the part of the CONTRACTOR notwithstanding
that the CLIENT has used portions of the work before the whole of the work were
completed during the Defect Liability Period (as fixed by the Client) . All tools,
plant, machinery, superintendence, labour and other devices of all kinds necessary
for such maintenance of the work during Defect Liability Period (as fixed by the
Client) are to be supplied by the CONTRACTOR at their own expenses.
7.2 The site of work should be made clear after completion of all work up to the entire
satisfaction of the PRINCIPAL
7.3 The CONTRACTOR shall not go on arbitration under any circumstances. In case of
any dispute of any nature, the same shall be amicably settled with the PRINCIPAL
on mutual discussion.
7.4 Quantity specified in the Specified Price Schedule may vary to any extent by way
of addition/deletion of any item as may be required for proper execution of the
work for which no extra claim will be entertained under any circumstances.
However, the total value of all executed works including the said variation shall
have to be kept within the order value i.e Rs.3,98,88,662.76.
7.5 The CONTRACTOR shall take all responsibility for taking necessary precautionary
measures to prevent any nuisance or inconvenience to the owners/tenants or
occupiers and to general public & shall take effective measure against such
nuisance/inconvenience as deemed fit at their own cost including taking effective
protection of all streams and waterways.
7.6 No claim whatsoever shall be entertained for idle establishment, detention / loss of
contractors, labour and conveyance etc. arising out of any reason whatsoever.
7.7 The CONTRACTOR shall take all necessary precaution at their own cost for the
safety of their workmen and of general public. The work must be done in such a
way as not to damage any property, existing structure and public utility services
during the execution period. All claims arising out of any damage to the existing
CONTRACTOR.
7.8 The CONTRACTOR shall submit Photographs of work site along with monthly
damage of vehicle boats, barges materials or labour will have to borne by the
CONTRACTOR.
7.10 The CONTRACTOR shall make all endeavours to expedite the recoveries of
8. RATES:-
The rates of the CONTRACTOR for the work shall be 0.028161% (Zero point
zero two eight one six one percent) below with the ESTIMATED AMOUNT put
labour, tools & tackles, plants & machineries, all testing, cost of consumables &
expenses etc. The rates quoted by the CONTRACTOR shall remain firm during
the pendency of the Contract for any extent of increase/decrease in the quantity
& increase in the market rates. No price escalation will be entertained even for
9. PAYMENT :-
9.1 Interest free Mobilisation advance up to 10% of the contract value in two (2)
equal phases may be allowed only after getting the sum from the client and
Saxby Farmer Limited as per prescribed Proforma from any scheduled bank
value executed.
9.3 Payment against the R/A Bills & Final Bill of the Contractor shall be
challans, Quarterly return under VAT ACT along with photo copy of
Only) Rs.50.0 (fifty) lac. Any Payment will be made only after fund
9.4 In case of dispute of any nature, the decision of the Managing Director of the
PRINCIPAL shall be final and binding upon the CONTRACTOR.
IN WITNESSTHE WHEREOF the parties to these presents have hereto set and
subscribed their respective hands & seals, the day month and year first above written
Witness:
1. 1.
2. 2.