| Conditions of Contract
A. General
1.Interpretation:
1.1In interpreting these Conditions of Contract, singular also means plural, male also means female, and vice-versa. Headings have no significance. Works have their normal meaning under the language of the contract unless specifically defined. The Forest Range Officer-in-charge will provide instructions clarifying queries about the conditions of Contract.
1.2The documents forming the Contract shall be interpreted in the following order of priority:
1)Agreement
2)Letter of Acceptance, notice to proceed with the works
3)Contractor?s Tender (Technical bid)
4)Conditions of contract
5)Specifications
6)Drawings
7)Bill of quantities (Price-bid)
8)Any other document listed as forming part of the Contract.
2.District Forest Officer?s Decisions:
2.1Except where otherwise specifically stated, the District Forest Officer will decide the contractual matters between the Department and the Contractor in the role representing the Department.
3.Delegation:
3.1The District Forest Officer may delegate any of his duties and responsibilities to other officers and may cancel any delegation by an official order issued.
4.Communications:
6.1 Communications between parties, which are referred to in the conditions, are effective only when in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act)
5.Other Contractors:
8.1 The Contractor shall cooperate and share the Site with other contractors, Public authorities, utilities, and the Department. The Contractor shall also provide facilities and services for them as directed by the District Forest Officer.
6.Personnel:
6.1The Contractor shall employ the required Key Personnel named in the Schedule of Key Personnel to carry out the functions stated in the Schedule or other personnel approved by the District Forest Officer. The District Forest Officer will approve any proposed replacement of Key Personnel only if their qualifications, abilities, and relevant experience are substantially equal to or better than those of the personnel listed in the Schedule.
6.2Failure to employ the required technical personnel by the contractor the following amounts will be recovered from the contractor over and above the provision made in part two of schedule-A from the contractors bills.
6.3The technical personnel should be on full time and available at site whenever required by District Forest Officer to take instructions.
6.4The names of the technical personnel to be employed by the contractor should be furnished in the statement enclosed separately.
6.5In case the contractor is already having more than one work on hand and has undertaken more than one work at the same time, he should employ separate technical personnel on each work.
6.6If the contractor fails to employ technical personnel the work will be suspended or department will engage a technical personnel and recover the cost thereof from the contractor.
6.7If the District Forest Officer asks the Contractor to remove a person who is a member of Contractor?s staff or his work force stating the reasons the Contractor shall ensure that the person leaves the site forthwith and has no further connection with the work in the contract.
7.Contractor?s Risks:
7.1All risks of loss of or damage to physical property and of personnel injury and death, which arise during and in consequence of the performance of the Contract, are the responsibility of the Contractor.
8.Insurance:
8.1The Contractor shall provide, in the joint names of the Department and the contractor, insurance cover from the Start Date to the end of the Defects Liability Period i.e., 24 months after completion for the following events which are due to the Contractor?s risks.
a)loss of or damage to the Works, Plant and Materials;
b)loss of or damage to the Equipment;
c)loss of or damage of property in connection with the Contract; and
d)Personal injury or death of persons employed for construction.
8.2Policies and certificates of insurance shall be delivered by the Contractor to the CCF, Bhadradri Circle, Warangalat the time of concluding Agreement. All such insurance shall provide for compensation to be payable to rectify the loss or damage incurred.
i)The contractor shall furnish insurance policy inforce in accordance with proposal furnished in the Tender and approved by the Department for concluding the agreement.
ii)The contractor shall also pay regularly the subsequent insurance premium and produce necessary receipt to the concerned Forest Divisional Officers, well in advance.
iii)In case of failure to act in the above said manner the department will pay the premium and the same will be recovered from the Contractors payments.
8.3Alterations to the terms of insurance shall not be made without the approval of the concerned Forest Divisional Officers.
9.Site Inspections:
9.1The contractor should inspect the site and also proposed quarries of choice for materials source of water and quote his percentage including quarrying, conveyance and all other charges etc.
9.2The responsibility for arranging the land for borrow area rests with the Contractor and no separate payment will be made for procurement or otherwise. The contractor?s quoted percentage will be inclusive of land cost.
10.Contractor to Construct the Works:
10.1The Contractor shall construct and Commission the Work in accordance with the specifications and Drawings.
11.Diversion of streams / Vagus / Drains.
11.1The contractor shall at all times carry out construction of cross drainage works in a manner creating least interference to the natural flow of water while consistent with the satisfactory execution of work. A temporary diversion shall be formed by the contractor at his cost where necessary. No extra payment shall be made for this work.
11.2No separate payment for bailing out sub-soils, water drainage or locked up rain water for diversion, shoring, foundations, bailing of pumping water either from excavation of soils from foundations or such other incidental will be paid. The percentage to be quoted by the contractor is for the finished item of work in situ and including all the incidental charges. The borrow pits are also to be de-watered by the contractor himself at his expense, if that should be found necessary.
11.3The work of diversion arrangements should be carefully planned and prepared by the contractor and forwarded to the Forest Divisional Officer, Sathupally technically substantiating the proposals and approval of the Forest Divisional Officer obtained for execution.
11.4The contractor has to arrange for bailing out water, protection to the work in progress and the portion of works already completed and safety measures for men and materials and all necessary arrangements to complete the work.
11.5All the arrangements so required should be carried out and maintained at the cost of the contractor and no separate or additional payments are admissible.
11.6Coffer Dams.
Necessary coffer dams and ring bunds have to be constructed at the cost of contractor and same are to be removed after the completion of the work. The contractor has to quote his percentage keeping the above in view.
12.Power Supply.
12.1The contractor shall make his own arrangements for obtaining power from the Electricity dept., at his own cost. The contractor will pay the bills of Electricity Department for the cost of power consumed by him.
12.2The contractor shall satisfy all the conditions and rules required as per Indian Electricity Act 1910 and under Rule-45(I) of the Indian Electricity Rules, 1956 as amended from time to time and other pertinent rules.
12.3The power shall be used for bonafide Departmental work only.
13.Temporary Diversions (Works on Highways)
13.1The contractor shall at all times carryout work on the highway in a manner creating least interference to the flow of traffic while consistent with the satisfactory execution of the same. For all works involving improvements to the existing highway, the contractor shall in accordance with the directions of the District Forest Officer provide and maintain during the execution of the work a passage for traffic, either along a part of the existing carriage way under improvement or along a temporary diversion constructed close to the highway.
13.2If in the opinion of the District Forest Officer, it is not possible to pass the traffic on part width of the carriage-way for any reason, a temporary diversion close to the highway shall be constructed as directed. It shall be paved with the materials such as hard morum, gravel and stone, metal to the specified thickness as directed by the District Forest Officer. In all cases, the alignment, gradients and surface type of the diversion including its junctions, shall be approved by the District Forest Officer before the highway is closed to traffic.
13.3The contractor shall take all necessary measures for the safety of traffic during construction and provide erect and maintain such barricades, including signs, markings, flags lights and information and protection of traffic approaching or passing through the section of the highway under improvement. Before taking up any construction, an agreed phased programme for the diversion of traffic on the highway shall be drawn up in consultation with the District Forest Officer.
13.4The barricades erected on either side of the carriage way portion of the carriage way closed to traffic, shall be of strong design to resist violation and painted with alternative black and white stripe. Red lanterns or warnings lights of similar type shall be mounted on the barricades at night and kept lit throughout from sunset to sunrise.
14.Ramps:
Ramps required during execution may be formed wherever necessary and same are to be removed after completion of the work. No separate payment will be made for this purpose.
15.Monsoon Damages:
Damages due to rain or flood either in cutting or in banks shall have to be made good by the contractor till the work is handed over to the Department. The responsibility of de-silting and making good the damages due to rain or flood rests with the contractor. No extra payment is payable for such operations and the contractor shall therefore, have to take all necessary precautions to protect the work done during the construction period.
16.The works to be Completed by the Intended Completion Date:
16.1The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the programme submitted by the Contractor, as updated with the approval of the District Forest Officer, and complete the work by the Intended Completion Date.
17.Safety:
17.1The Contractor shall be responsible for the safety of all activities on the Site.
18.Discoveries:
18.1Anything of historical or other interest or of significant value unexpectedly discovered on the Site is the property of the Government. The Contractor is to notify the District Forest Officer of such discoveries and carry out the District Forest Officer?s instructions for dealing with them.
19.Possession of the Site.
19.1The Department shall give possession of the site to the Contractor. If possession of a part site is given, the Department will ensure that the part site so handed over is amenable to carryout the work at site by the Contractor.
20.Access to the Site:
20.1The Contractor shall provide the District Forest Officer and any person authorised by the District Forest Officer, access to the site and to any place where work in connection with the Contract is being carried out or is intended to be carried out.
21.Instructions:
21.1The Contractor shall carry out all instructions of the District Forest Officer and comply with all the applicable local laws where the Site is located.
22.Settlement of disputes:
22.1If any dispute of difference of any kind whatsoever arises between the department and the Contractor in connection with, or arising out of the Contract, whether during the progress of the works or after their completion and whether before or after the termination, abandonment or breach of the Contract, it shall in the first place, be referred to and settled by the Forest Divisional Officer/District Forest Officer who shall, within a period of thirty days after being requested by the Contractor to do so, give written notice of his decision to the Contractor. Upon receipt of the written notice of the decision of the Forest Divisional Officer/ District Forest Officer the Contractor shall promptly proceed without delay to comply with such notice of decision.
22.2If the Forest Divisional Officer/ District Forest Officer fails to give notice of his decision in writing within a period of thirty days after being requested or if the Contractor is dissatisfied with the notice of the decision of the Forest Divisional Officer/ District Forest Officer, the Contractor may within thirty days after receiving the notice of decision appeal to the Department who shall offer an opportunity to the contractor to be heard and to offer evidence in support of his appeal, the Department shall give notice of his decision within a period of thirty days after the Contractor has given the said evidence in support of his appeal, subject to arbitration, as hereinafter provided. Such decision of the Department in respect of every matter so referred shall be final and binding upon the Contractor and shall forthwith be given effect to by the Contractor, who shall proceed with the execution of the works with all due diligence whether he requires arbitration as hereinafter provided, or not. If the Department has given written notice of his decision to the Contractor and no claim to arbitration, has been communicated to him by the Contractor within a period of thirty days from receipt of such notice the said decision shall remain final and binding upon the Contractor. If the Department fail to give notice of his decision, as aforesaid within a period of thirty days after being requested as aforesaid, or if the Contractor be dissatisfied with any such decision, then and in any such case the contractor within thirty days after the expiration of the first named period of thirty days as the case may be, require that the matter or matters in dispute be referred to arbitration as detailed below:-
Settlement of Claims:
Settlement of claims for Rs.50,000/- and below by Arbitration.
All disputes or difference arising of or relating to the Contract shall be referred to the adjudication as follows:
a)Claims upto a value of Rupees 10,000/-.
-Forest Divisional Officer/District Forest Officer
b)Claims above Rs.10, 000/- and upto Rupees 50,000/-.
-Forest Divisional Officer/District Forest Officer,
The arbitration shall be conducted in accordance with the provisions of Indian Arbitration and Conciliation Act 1996 or any statutory modification thereof. |
