Clause 3. In 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 or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the Executive Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the Executive Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the Executive Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the Executive Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor Clause 5 :- In any case in which any of the remains liable powers conferred upon the Executive Engineer to pay by Clause 3 and 4 hereof shall have become compensation if exercisable and the same shall not been action not exercised, the non-exercise thereof shall not taken under constitute a waiver of any of the conditions clause 3 & 4 hereof and such powers shall not withstanding Power to take be exercisable in any future case of default by possession of the contractor for which by under any clause or or require clauses hereof he is declared liable to pay removal of or compensation amounting to the whole of his security sell contractor’s deposit and the liability of the contractor for past plant. and future compensation shall remain unaffected. In the event of the Executive Engineer taking action under sub-clause (a) or (c) clause (3) he may, if he so desires, take possession of all or any tools plant, materials and stores in or upon the works or the site thereof or belonging to the Contractor, or procured by him 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 case of contract rates not being applicable at current market rates, to be certified by the Executive Engineer whose certificate thereof shall be final. In the alternative the Executive Engineer may after giving notice in writing to the contractor or to his clerk of the works, ▇▇▇▇▇▇▇ or other authorized agent require him to remove such tools, plant, materials or stores from the premises within a time to be specified in such notice and in the event of contractor failing to comply with any such requisition the Executive Engineer may remove them at the contractor’s expenses or sale them by auction or private sale, on account of the contractor at his risk in all respects, and the certificate of the Executive Engineer as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale be final and conclusive against the contractor. Extension of time Clause 6 :- If the Contractor shall desire an extension of the time for completion of the work on the ground of his having unavoidably hindered init execution or on and the other ground, he shall apply in writing to the Executive Engineer before the expiration of the period stipulated in the tender or before the expiration of 30 days from the date to which he was hindered as aforesaid or on which the cause for asking extension occurred, whichever is earlier and the Executive Engineer may, if in his opinion there are reasonable ground for granting an extension, grant such extension as he thinks necessary or proper. The decision of the Chief Engineer P.W.Region Amravati in this matter shall be final. Clause 6-A :- In the case of delay in handing over the land required for the work due to unforeseen cause, the contractor shall not be entitled for any compensation whatsoever from the Government on the ground that the machinery or the labour was idle for certain period. Contractor may, however apply for extension of time limit which may be granted on the merit of the case. Final Certificate. Clause 7 :- On completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (Hereinafter called the Engineer-in-charge ) in such completion but no certificate shall be given nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall have been executed all scaffolding surplus materials and rubbish and shall have cleaned of the dirt from all wood work, doors, windows, floors or other parts of any building, in or upon which the work has been executed, or on which he may have had possession for the purpose of executing the work nor until the work shall have been measured by the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-In-Charge, the said measurements being binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding, surplus material and rubbish, and cleaning off dirt on or before the date fixed for the completion of the work, the Engineer-in-charge may at the expense of the contractor, remove such scaffolding, surplus materials and rubbish, and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractor shall forthwith pay the amount of all expenses so incurred but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof. Payments on intermediate Certificate to be regarded as advances. Clause 8 :- No payment shall be made for any work estimated to cost less than Rs. One thousand. After the whole of the said work shall have been completed ,a certificate of completion shall be given. But in the case of the works estimated to cost more than Rs. One thousand, the contractor shall on submitting a monthly ▇▇▇▇ therefore, be entitled to receive payment proportionate to the part of the work then approved and passed by the Engineer-in-charge, whose certificate of such approval and passing of the sum payable shall be final and conclusive against the contractor. All such intermediate payment shall be regarded as payments by way of advance against the final payments only and not preclude the Engineer-in-charge from requiring any bad unsound, imperfect or unskillful work to be removed and taken away and reconstructed, or reacted, nor shall any such payment be considered as an admission of the due performance of the contract or any part thereof, in any respect or the occurring of any claim, nor shall it conclude, determine or affect in any way the powers of the Engineer-in-charge as to final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final ▇▇▇▇ shall be submitted by the contractor within one month of the date fixed for the completion of the work otherwise the Engineer-in- charge’s certificate of the measurement and of the total amount payable for the work shall be final and binding on all parties. Payments at reduced rates on account of items of work not accepted as completed to beat the discretion of the Engineer-in- charge. Clause 9:- The rates for several items of work estimated to cost more than Rs. One Thousand agreed to within, shall be valid only when the item concerned is accepted as having been completed fully in accordance with the sanctioned specifications. In case where the items of work are not accepted as so completed the Engineer-in-charge may make payment on account of such items at such reduced rates as he may consider reasonable in preparation of final or on account bills. ▇▇▇▇ to be submitted monthly. Clause 10 :- A ▇▇▇▇ shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all work executed in the previous month, and the Engineer-in- charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim so far as it is admissible shall be adjusted, if possible, within 10 days from the presentation of the ▇▇▇▇. If the contractor does not submit the ▇▇▇▇ within time fixed as aforesaid, the Executive-in-charge may depute a subordinate to measure up the said work. The presence of the contractor or his duly authorized agent whose counter signature to the measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a ▇▇▇▇ from such list which shall be binding on the contractor in all respects. ▇▇▇▇ to be on printed form. Clause 11 :- The Contractor shall submit all bills on the printed forms to be had on application at the office of the Engineer-in -charge. The charges to be made 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 rate hereinafter provided for such work. Store supplied by Government. Clause 12 :- If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the P.W.D. store or if it is required that the contractor shall use certain stores, and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor but not so as in any way to control the meaning or effect of this contract specified in the schedule or memorandum (hereto annexed) the contractor shall be supplied with such materials and stores as may be required from time to time to be used by him for the purposes of the contract only, and the value of the full quantity of materials and stores so supplied shall be set off or reduced from any sums then due, or otherwise, or from the security deposit, or the proceeds of sale thereof, if the deposit is held in Government securities the same or a sufficient portion thereof shall in that case be sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Government and shall on no account be removed from the site of the work and shall at all times be open to inspection by the Engineer-In-Charge. Any such materials unused and is perfectly in good condition at the time of completion or determination of the contract shall be returned to the Public Works Departments store, if the Engineer-In-Charge so requires by a notice in writing given under his hand, but remaining unused by him or for any wastage in or damage thereto. Work to be executed in accordance with specifications, drawings, orders etc. Clause 13 :- The contractor shall execute the whole and every part of the work like manner and both as regards materials and every other respect in strict accordance with specifications. The contractor shall also confirm exactly fully and faithfully to the designs, and drawings and instructions in writing relating to the work signed by the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of inspection at such office or at the site of work during office hours. The contractor will be entitled to receive three sets of contract drawings and working drawings as well as one certified copy of the accepted tender along with the work order free of cost. Further copies of the contract drawings and working drawings if required by him, shall be supplied at the rate of Rs. 1000/- per set of contract drawing and Rs. 1000/- per working drawing except where otherwise specified. Alterations in specifications & designs not to invalidate contract. Rate for works not entered in the estimate on schedule of rate of the district. Clause 14 :- The Engineer-in-charge shall have power to make any alterations in, or additions to or drawing design and instructions that may the original specifications, appear to him to be necessary or advisable during the progress of the work and the contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given him in writing signed by the Engineer -in-charge and such alterations shall not invalidate the contract, and any additional work which the contractor may be directed to do in the manner above specified as a part of the work shall be carried out by the contractor in the same conditions in all respects on which he agreed to the main work and at the same rates as per specified in the tender for the main work. And if the additional or altered work, includes any class of work for which no rate is specified in this contract, then such class of work shall be carried out at the
Appears in 2 contracts
Sources: Original Agreement, Construction Contract
Clause 3. In 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 or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the Executive Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the Executive Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the Executive Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the Executive Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor Clause 5 :- In any case in which any of the remains liable to the powers conferred upon the Executive pay Engineer to pay by Clause 3 and 4 hereof shall have become compensation if become exercisable and the same shall not been action not taken been exercised, the non-exercise thereof under clause 3 & 4 shall not taken under constitute a waiver of any of the Power to take conditions clause 3 & 4 hereof and such powers shall not possession of or withstanding Power to take be exercisable in any future case require removal of of default by possession of the contractor for which by or sell contractor’s under any clause or or require clauses hereof he is plant. declared liable to pay removal of or compensation amounting to the whole of his security sell contractor’s deposit and the liability of the contractor for past plant. and future compensation shall remain unaffected. In the event of the Executive Engineer taking action under sub-clause (a) or (c) clause (3) he may, if he so desires, take possession of all or any tools plant, materials and stores in or upon the works or the site thereof or belonging to the Contractor, or procured by him 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 case of contract rates not being applicable at current market rates, to be certified by the Executive Engineer whose certificate thereof shall be final. In the alternative the Executive Engineer may after giving notice in writing to the contractor or to his clerk of the works, ▇▇▇▇▇▇▇ or other authorized agent require him to remove such tools, plant, materials or stores from the premises within a time to be specified in such notice and in the event of contractor failing to comply with any such requisition the Executive Engineer may remove them at the contractor’s expenses or sale them by auction or private sale, on account of the contractor at his risk in all respects, and the certificate of the Executive Engineer as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale be final and conclusive against the contractor. Extension of time Clause 6 :- If the Contractor shall desire an extension of the time for completion of the work on the ground of his having unavoidably hindered init execution or on and the other ground, he shall apply in writing to the Executive Engineer before the expiration of the period stipulated in the tender or before the expiration of 30 days from the date to which he was hindered as aforesaid or on which the cause for asking extension occurred, whichever is earlier and the Executive Engineer may, if in his opinion there are reasonable ground for granting an extension, grant such extension as he thinks necessary or proper. The decision of the Chief Engineer P.W.Region Amravati in this matter shall be final. Clause 6-A :- In the case of delay in handing over the land required for the work due to unforeseen cause, the contractor shall not be entitled for any compensation whatsoever from the Government on the ground that the machinery or the labour was idle for certain period. Contractor may, however apply for extension of time limit which may be granted on the merit of the case. Final Certificate. Clause 7 :- On completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (Hereinafter called the Engineer-in-charge ) in such completion but no certificate shall be given nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall have been executed all scaffolding surplus materials and rubbish and shall have cleaned of the dirt from all wood work, doors, windows, floors or other parts of any building, in or upon which the work has been executed, or on which he may have had possession for the purpose of executing the work nor until the work shall have been measured by the Engineer-in-in- charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-In-Charge, the said measurements being binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding, surplus material and rubbish, and cleaning off dirt on or before the date fixed for the completion of the work, the Engineer-in-charge may at the expense of the contractor, remove such scaffolding, surplus materials and rubbish, and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractor shall forthwith pay the amount of all expenses so incurred but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof. Payments on intermediate Certificate to be regarded as advances. Clause 8 :- No payment shall be made for any work estimated to cost less than Rs. One thousand. After the whole of the said work shall have been completed ,a certificate of completion shall be given. But in the case of the works estimated to cost more than Rs. One thousand, the contractor shall on submitting a monthly ▇▇▇▇ therefore, be entitled to receive payment proportionate to the part of the work then approved and passed by the Engineer-Engineer- in-charge, whose certificate of such approval and passing of the sum payable shall be final and conclusive against the contractor. All such intermediate payment shall be regarded as payments by way of advance against the final payments only and not preclude the Engineer-in-in- charge from requiring any bad unsound, imperfect or unskillful work to be removed and taken away and reconstructed, or reacted, nor shall any such payment be considered as an admission of the due performance of the contract or any part thereof, in any respect or the occurring of any claim, nor shall it conclude, determine or affect in any way the powers of the Engineer-in-charge as to final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final ▇▇▇▇ shall be submitted by the contractor within one month of the date fixed for the completion of the work otherwise the Engineer-in- in-charge’s certificate of the measurement and of the total amount payable for the work shall be final and binding on all parties. Payments at reduced rates on account of items of work not accepted as completed to beat the discretion of the Engineer-in- charge. Clause 9:- The rates for several items of work estimated to cost more than Rs. One Thousand agreed to within, shall be valid only when the item concerned is accepted as having been completed fully in accordance with the sanctioned specifications. In case where the items of work are not accepted as so completed the Engineer-in-charge may make payment on account of such items at such reduced rates as he may consider reasonable in preparation of final or on account bills. ▇▇▇▇ to be submitted monthly. Clause 10 :- A ▇▇▇▇ shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all work executed in the previous month, and the Engineer-in- in-charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim so far as it is admissible shall be adjusted, if possible, within 10 days from the presentation of the ▇▇▇▇. If the contractor does not submit the ▇▇▇▇ within time fixed as aforesaid, the Executive-in-charge may depute a subordinate to measure up the said work. The presence of the contractor or his duly authorized agent whose counter signature to the measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a ▇▇▇▇ from such list which shall be binding on the contractor in all respects. ▇▇▇▇ to be on printed form. Clause 11 :- The Contractor shall submit all bills on the printed forms to be had on application at the office of the Engineer-in -charge- charge. The charges to be made 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 rate hereinafter provided for such work. Store supplied by Government. Clause 12 :- If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the P.W.D. store or if it is required that the contractor shall use certain stores, and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor but not so as in any way to control the meaning or effect of this contract specified in the schedule or memorandum (hereto annexed) the contractor shall be supplied with such materials and stores as may be required from time to time to be used by him for the purposes of the contract only, and the value of the full quantity of materials and stores so supplied shall be set off or reduced from any sums then due, or otherwise, or from the security deposit, or the proceeds of sale thereof, if the deposit is held in Government securities the same or a sufficient portion thereof shall in that case be sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Government and shall on no account be removed from the site of the work and shall at all times be open to inspection by the Engineer-In-Charge. Any such materials unused and is perfectly in good condition at the time of completion or determination of the contract shall be returned to the Public Works Departments store, if the Engineer-In-Charge so requires by a notice in writing given under his hand, but remaining unused by him or for any wastage in or damage thereto. Work to be executed in accordance with specifications, drawings, orders etc. Clause 13 :- The contractor shall execute the whole and every part of the work like manner and both as regards materials and every other respect in strict accordance with specifications. The contractor shall also confirm exactly fully and faithfully to the designs, and drawings and instructions in writing relating to the work signed by the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of inspection at such office or at the site of work during office hours. The contractor will be entitled to receive three sets of contract drawings and working drawings as well as one certified copy of the accepted tender along with the work order free of cost. Further copies of the contract drawings and working drawings if required by him, shall be supplied at the rate of Rs. 1000/- per set of contract drawing and Rs. 1000/- per working drawing except where otherwise specified. Alterations in specifications & designs not to invalidate contract. Rate for works not entered in the estimate on schedule of rate of the district. Clause 14 :- The Engineer-in-charge shall have power to make any alterations in, or additions to or drawing design and instructions that may the original specifications, appear to him to be necessary or advisable during the progress of the work and the contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given him in writing signed by the Engineer -in-charge and such alterations shall not invalidate the contract, and any additional work which the contractor may be directed to do in the manner above specified as a part of the work shall be carried out by the contractor in the same conditions in all respects on which he agreed to the main work and at the same rates as per specified in the tender for the main work. And if the additional or altered work, includes any class of work for which no rate is specified in this contract, then such class of work shall be carried out at the.
Appears in 1 contract
Sources: Construction Contract
Clause 3. In 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 or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the Executive Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the Executive Engineer shall be conclusive conclusIV Ae evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the Executive Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive conclusIV Ae against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give gIV Ae it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive conclusIV Ae against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the Executive Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the Executive Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause Contractor remains liable to pay compensation if action not taken under clause 3 & 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled Power to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such actionpossession of or require removal of or sell contractor’s plant. Contractor Clause 5 :- In any case in which any of the remains liable powers conferred upon the Executive Engineer to pay by Clause 3 and 4 hereof shall have become compensation if exercisable and the same shall not been action not exercised, the non-exercise thereof shall not taken under constitute a waiver waIV Aer of any of the conditions clause 3 & 4 hereof and such powers shall not withstanding Power to take be exercisable in any future case of default by possession of the contractor for which by under any clause or or require clauses hereof he is declared liable to pay removal of or compensation amounting to the whole of his security sell contractor’s deposit and the liability of the contractor for past plant. and future compensation shall remain unaffected. In the event of the Executive Engineer taking action under sub-clause (a) or (c) clause (3( 4 ) Four he may, if he so desires, take possession of all or any tools plant, materials and stores in or upon the works or the site thereof or belonging to the Contractor, or procured by him 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 case of contract rates not being applicable at current market rates, to be certified by the Executive Engineer whose certificate thereof shall be final. In the alternative alternatIV Ae the Executive Engineer may after giving gIV Aing notice in writing to the contractor or to his clerk of the works, ▇▇▇▇▇▇▇ or other authorized agent require him to remove such tools, plant, materials or stores from the premises within a time to be specified in such notice and in the event of contractor failing to comply with any such requisition the Executive Engineer may remove them at the contractor’s expenses or sale them by auction or private prIV Aate sale, on account of the contractor at his risk in all respects, and the certificate of the Executive Engineer as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale be final and conclusive conclusIV Ae against the contractor. Extension of time Clause 6 :- If the Contractor shall desire an extension of the time for completion of the work on the ground of his having unavoidably hindered init execution or on and the other ground, he shall apply in writing to the Executive Engineer before the expiration of the period stipulated in the tender or before the expiration of 30 days from the date to which he was hindered as aforesaid or on which the cause for asking extension occurred, whichever is earlier and the Executive Engineer may, if in his opinion there are reasonable ground for granting an extension, grant such extension as he thinks necessary or proper. The decision of the Chief Engineer P.W.Region Amravati in this matter shall be final. Clause 6-A :- In the case of delay in handing over the land required for the work due to unforeseen cause, the contractor shall not be entitled for any compensation whatsoever from the Government on the ground that the machinery or the labour was idle for certain period. Contractor may, however apply for extension of time limit which may be granted on the merit of the case. Final Certificate. Clause 7 :- On completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (Hereinafter called the Engineer-in-charge ) in such completion but no certificate shall be given nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall have been executed all scaffolding surplus materials and rubbish and shall have cleaned of the dirt from all wood work, doors, windows, floors or other parts of any building, in or upon which the work has been executed, or on which he may have had possession for the purpose of executing the work nor until the work shall have been measured by the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received receIV Aed the approval of the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received receIV Aed the approval of the Engineer-In-Charge, the said measurements being binding and conclusive conclusIV Ae against the contractor. If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding, surplus material and rubbish, and cleaning off dirt on or before the date fixed for the completion of the work, the Engineer-in-charge may at the expense of the contractor, remove such scaffolding, surplus materials and rubbish, and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractor shall forthwith pay the amount of all expenses so incurred but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof. Payments on intermediate Certificate to be regarded as advances. Clause 8 :- No payment shall be made for any work estimated to cost less than Rs. One thousand. Certificate to be After the whole of the said work shall have been regarded as completed ,a certificate of completion shall be given. But in advances. the case of the works estimated to cost more than Rs. One thousand, the contractor shall on submitting a monthly ▇▇▇▇ therefore, be entitled to receive receIV Ae payment proportionate to the part of the work then approved and passed by the Engineer-in-in- charge, whose certificate of such approval and passing of the sum payable shall be final and conclusive conclusIV Ae against the contractor. All such intermediate payment shall be regarded as payments by way of advance against the final payments only and not preclude the Engineer-in-charge from requiring any bad unsound, imperfect or unskillful work to be removed and taken away and reconstructed, or reacted, nor shall any such payment be considered as an admission of the due performance of the contract or any part thereof, in any respect or the occurring of any claim, nor shall it conclude, determine or affect in any way the powers of the Engineer-in-charge as to final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final ▇▇▇▇ shall be submitted by the contractor within one month of the date fixed for the completion of the work otherwise the Engineer-in- in-charge’s certificate of the measurement and of the total amount payable for the work shall be final and binding on all parties. Payments at reduced rates on account of items of work not accepted as completed to beat the discretion of the Engineer-in- charge. Clause 9:- The rates for several items of work estimated to cost more than Rs. One Thousand agreed to within, shall account of items be valid only when the item concerned is accepted as of work not having been completed fully in accordance with the accepted as sanctioned specifications. In case where the items of work are completed to beat not accepted as so completed the Engineer-in-charge may make the discretion of payment on account of such items at such reduced rates as he the Engineer-in- may consider reasonable in preparation of final or on account charge. bills. ▇▇▇▇ to be submitted monthly. Clause 10 :- A ▇▇▇▇ shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all work executed in the previous month, and the Engineer-in- charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim so far as it is admissible shall be adjusted, if possible, within 10 days from the presentation of the ▇▇▇▇. If the contractor does not submit the ▇▇▇▇ within time fixed as aforesaid, the Executive-in-charge may depute a subordinate to measure up the said work. The presence of the contractor or his duly authorized agent whose counter signature to the measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a ▇▇▇▇ from such list which shall be binding on the contractor in all respects. ▇▇▇▇ to be on printed form. Clause 11 :- The Contractor shall submit all bills on the printed forms to be had on application at the office of the Engineer-in -charge. The charges to be made 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 rate hereinafter provided for such work. Store supplied by Government. Clause 12 :- If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the P.W.D. store or if it is required that the contractor shall use certain stores, and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor but not so as in any way to control the meaning or effect of this contract specified in the schedule or memorandum (hereto annexed) the contractor shall be supplied with such materials and stores as may be required from time to time to be used by him for the purposes of the contract only, and the value of the full quantity of materials and stores so supplied shall be set off or reduced from any sums then due, or otherwise, or from the security deposit, or the proceeds of sale thereof, if the deposit is held in Government securities the same or a sufficient portion thereof shall in that case be sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Government and shall on no account be removed from the site of the work and shall at all times be open to inspection by the Engineer-In-Charge. Any such materials unused and is perfectly in good condition at the time of completion or determination of the contract shall be returned to the Public Works Departments store, if the Engineer-In-Charge so requires by a notice in writing given under his hand, but remaining unused by him or for any wastage in or damage thereto. Work to be executed in accordance with specifications, drawings, orders etc. Clause 13 :- The contractor shall execute the whole and every part of the work like manner and both as regards materials and every other respect in strict accordance with specifications. The contractor shall also confirm exactly fully and faithfully to the designs, and drawings and instructions in writing relating to the work signed by the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of inspection at such office or at the site of work during office hours. The contractor will be entitled to receive receIV Ae three sets of contract drawings and working drawings as well as one certified copy of the accepted tender along with the work order free of cost. Further copies of the contract drawings and working drawings if required by him, shall be supplied at the rate of Rs. 1000/- per set of contract drawing and Rs. 1000/- per working drawing except where otherwise specified. Alterations in specifications & designs not to invalidate contract. Rate for works not entered in the estimate on schedule of rate of the district. Clause 14 :- The Engineer-in-charge shall have power to make any alterations in, or additions to or drawing design and instructions that may the original specifications, appear to him to be necessary or advisable during the progress of the work and the contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given him in writing signed by the Engineer -in-charge and such alterations shall not invalidate the contract, and any additional work which the contractor may be directed to do in the manner above specified as a part of the work shall be carried out by the contractor in the same conditions in all respects on which he agreed to the main work and at the same rates as per specified in the tender for the main work. And if the additional or altered work, includes any class of work for which no rate is specified in this contract, then such class of work shall be carried out at the.
Appears in 1 contract
Sources: Construction Contract
Clause 3. In 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 or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the Executive Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the Executive Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the Executive Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the Executive Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor Clause 5 :- In any case in which any of the remains liable to the powers conferred upon the Executive pay Engineer to pay by Clause 3 and 4 hereof shall have become compensation if become exercisable and the same shall not been action not taken been exercised, the non-exercise thereof under clause 3 & 4 shall not taken under constitute a waiver of any of the Power to take conditions clause 3 & 4 hereof and such powers shall not possession of or withstanding Power to take be exercisable in any future case require removal of of default by possession of the contractor for which by or sell contractor’s under any clause or or require clauses hereof he is plant. declared liable to pay removal of or compensation amounting to the whole of his security sell contractor’s deposit and the liability of the contractor for past plant. and future compensation shall remain unaffected. In the event of the Executive Engineer taking action under sub-clause (a) or (c) clause (3) he may, if he so desires, take possession of all or any tools plant, materials and stores in or upon the works or the site thereof or belonging to the Contractor, or procured by him 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 case of contract rates not being applicable at current market rates, to be certified by the Executive Engineer whose certificate thereof shall be final. In the alternative the Executive Engineer may after giving notice in writing to the contractor or to his clerk of the works, ▇▇▇▇▇▇▇ or other authorized agent require him to remove such tools, plant, materials or stores from the premises within a time to be specified in such notice and in the event of contractor failing to comply with any such requisition the Executive Engineer may remove them at the contractor’s expenses or sale them by auction or private sale, on account of the contractor at his risk in all respects, and the certificate of the Executive Engineer as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale be final and conclusive against the contractor. Extension of time Clause 6 :- If the Contractor shall desire an extension of the time for completion of the work on the ground of his having unavoidably hindered init execution or on and the other ground, he shall apply in writing to the Executive Engineer before the expiration of the period stipulated in the tender or before the expiration of 30 days from the date to which he was hindered as aforesaid or on which the cause for asking extension occurred, whichever is earlier and the Executive Engineer may, if in his opinion there are reasonable ground for granting an extension, grant such extension as he thinks necessary or proper. The decision of the Chief Engineer P.W.Region Amravati in this matter shall be final. Clause 6-A :- In the case of delay in handing over the land required for the work due to unforeseen cause, the contractor shall not be entitled for any compensation whatsoever from the Government on the ground that the machinery or the labour was idle for certain period. Contractor may, however apply for extension of time limit which may be granted on the merit of the case. Final Certificate. Clause 7 :- On completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (Hereinafter called the Engineer-in-charge ) in such completion but no certificate shall be given nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall have been executed all scaffolding surplus materials and rubbish and shall have cleaned of the dirt from all wood work, doors, windows, floors or other parts of any building, in or upon which the work has been executed, or on which he may have had possession for the purpose of executing the work nor until the work shall have been measured by the Engineer-in-in- charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-In-Charge, the said measurements being binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding, surplus material and rubbish, and cleaning off dirt on or before the date fixed for the completion of the work, the Engineer-in-charge may at the expense of the contractor, remove such scaffolding, surplus materials and rubbish, and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractor shall forthwith pay the amount of all expenses so incurred but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof. Payments on intermediate Certificate to be regarded as advances. Clause 8 :- No payment shall be made for any work estimated to cost less than Rs. One thousand. After the whole of the said work shall have been completed ,a certificate of completion shall be given. But in the case of the works estimated to cost more than Rs. One thousand, the contractor shall on submitting a monthly ▇▇▇▇ therefore, be entitled to receive payment proportionate to the part of the work then approved and passed by the Engineer-Engineer- in-charge, whose certificate of such approval and passing of the sum payable shall be final and conclusive against the contractor. All such intermediate payment shall be regarded as payments by way of advance against the final payments only and not preclude the Engineer-in-in- charge from requiring any bad unsound, imperfect or unskillful work to be removed and taken away and reconstructed, or reacted, nor shall any such payment be considered as an admission of the due performance of the contract or any part thereof, in any respect or the occurring of any claim, nor shall it conclude, determine or affect in any way the powers of the Engineer-in-charge as to final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final ▇▇▇▇ shall be submitted by the contractor within one month of the date fixed for the completion of the work otherwise the Engineer-in- in-charge’s certificate of the measurement and of the total amount payable for the work shall be final and binding on all parties. Payments at reduced rates on account of items of work not accepted as completed to beat the discretion of the Engineer-in- charge. Clause 9:- The rates for several items of work estimated to cost more than Rs. One Thousand agreed to within, shall be valid only when the item concerned is accepted as having been completed fully in accordance with the sanctioned specifications. In case where the items of work are not accepted as so completed the Engineer-in-charge may make payment on account of such items at such reduced rates as he may consider reasonable in preparation of final or on account bills. ▇▇▇▇ to be submitted monthly. Clause 10 :- A ▇▇▇▇ shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all work executed in the previous month, and the Engineer-in- in-charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim so far as it is admissible shall be adjusted, if possible, within 10 days from the presentation of the ▇▇▇▇. If the contractor does not submit the ▇▇▇▇ within time fixed as aforesaid, the Executive-in-charge may depute a subordinate to measure up the said work. The presence of the contractor or his duly authorized agent whose counter signature signedature to the measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a ▇▇▇▇ from such list which shall be binding on the contractor in all respects. ▇▇▇▇ to be on printed form. Clause 11 :- The Contractor shall submit all bills on the printed forms to be had on application at the office of the Engineer-in -charge- charge. The charges to be made 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 rate hereinafter provided for such work. Store supplied by Government. Clause 12 :- If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the P.W.D. store or if it is required that the contractor shall use certain stores, and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor but not so as in any way to control the meaning or effect of this contract specified in the schedule or memorandum (hereto annexed) the contractor shall be supplied with such materials and stores as may be required from time to time to be used by him for the purposes of the contract only, and the value of the full quantity of materials and stores so supplied shall be set off or reduced from any sums then due, or otherwise, or from the security deposit, or the proceeds of sale thereof, if the deposit is held in Government securities the same or a sufficient portion thereof shall in that case be sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Government and shall on no account be removed from the site of the work and shall at all times be open to inspection by the Engineer-In-Charge. Any such materials unused and is perfectly in good condition at the time of completion or determination of the contract shall be returned to the Public Works Departments store, if the Engineer-In-Charge so requires by a notice in writing given under his hand, but remaining unused by him or for any wastage in or damage thereto. Work to be executed in accordance with specifications, drawings, orders etc. Clause 13 :- The contractor shall execute the whole and every part of the work like manner and both as regards materials and every other respect in strict accordance with specifications. The contractor shall also confirm exactly fully and faithfully to the designsdesigneds, and drawings and instructions in writing relating to the work signed signeded by the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of inspection at such office or at the site of work during office hours. The contractor will be entitled to receive three sets of contract drawings and working drawings as well as one certified copy of the accepted tender along with the work order free of cost. Further copies of the contract drawings and working drawings if required by him, shall be supplied at the rate of Rs. 1000/- per set of contract drawing and Rs. 1000/- per working drawing except where otherwise specified. Alterations in specifications & designs designeds not to invalidate contract. Rate for works not entered in the estimate on schedule of rate of the district. Clause 14 :- The Engineer-in-charge shall have power to make any alterations in, or additions to or drawing design designed and instructions that may the original specifications, appear to him to be necessary or advisable during the progress of the work and the contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given him in writing signed signeded by the Engineer -in--in- Rate for works not entered in the estimate on schedule of rate of the district. charge and such alterations shall not invalidate the contract, and any additional work which the contractor may be directed to do in the manner above specified as a part of the work shall be carried out by the contractor in the same conditions in all respects on which he agreed to the main work and at the same rates as per specified in the tender for the main work. And if the additional or altered work, includes any class of work for which no rate is specified in this contract, then such class of work shall be carried out at thethe rates entered in schedule of rates
Appears in 1 contract
Sources: Construction Contract
Clause 3. In 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 or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the Executive Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the Executive Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the Executive Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the Executive Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor Clause 5 :- In any case in which any of the remains liable powers conferred upon the Executive Engineer to pay by Clause 3 and 4 hereof shall have become compensation if exercisable and the same shall not been action not exercised, the non-exercise thereof shall not taken under constitute a waiver of any of the conditions clause 3 & 4 hereof and such powers shall not withstanding Power to take be exercisable in any future case of default by possession of the contractor for which by under any clause or or require clauses hereof he is declared liable to pay removal of or compensation amounting to the whole of his security sell contractor’s deposit and the liability of the contractor for past plant. and future compensation shall remain unaffected. In the event of the Executive Engineer taking action under sub-clause (a) or (c) clause (3) he may, if he so desires, take possession of all or any tools plant, materials and stores in or upon the works or the site thereof or belonging to the Contractor, or procured by him 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 case of contract rates not being applicable at current market rates, to be certified by the Executive Engineer whose certificate thereof shall be final. In the alternative the Executive Engineer may after giving notice in writing to the contractor or to his clerk of the works, ▇▇▇▇▇▇▇ or other authorized agent require him to remove such tools, plant, materials or stores from the premises within a time to be specified in such notice and in the event of contractor failing to comply with any such requisition the Executive Engineer may remove them at the contractor’s expenses or sale them by auction or private sale, on account of the contractor at his risk in all respects, and the certificate of the Executive Engineer as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale be final and conclusive against the contractor. Extension of time Clause 6 :- If the Contractor shall desire an extension of the time for completion of the work on the ground of his having unavoidably hindered init execution or on and the other ground, he shall apply in writing to the Executive Engineer before the expiration of the period stipulated in the tender or before the expiration of 30 days from the date to which he was hindered as aforesaid or on which the cause for asking extension occurred, whichever is earlier and the Executive Engineer may, if in his opinion there are reasonable ground for granting an extension, grant such extension as he thinks necessary or proper. The decision of the Chief Engineer P.W.Region Amravati in this matter shall be final. Clause 6-A :- In the case of delay in handing over the land required for the work due to unforeseen cause, the contractor shall not be entitled for any compensation whatsoever from the Government on the ground that the machinery or the labour was idle for certain period. Contractor may, however apply for extension of time limit which may be granted on the merit of the case. Final Certificate. Clause 7 :- On completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (Hereinafter called the Engineer-in-charge ) in such completion but no certificate shall be given nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall have been executed all scaffolding surplus materials and rubbish and shall have cleaned of the dirt from all wood work, doors, windows, floors or other parts of any building, in or upon which the work has been executed, or on which he may have had possession for the purpose of executing the work nor until the work shall have been measured by the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-In-Charge, the said measurements being binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding, surplus material and rubbish, and cleaning off dirt on or before the date fixed for the completion of the work, the Engineer-in-charge may at the expense of the contractor, remove such scaffolding, surplus materials and rubbish, and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractor shall forthwith pay the amount of all expenses so incurred but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof. Payments on intermediate Certificate to be regarded as advances. Clause 8 :- No payment shall be made for any work estimated to cost less than Rs. One thousand. After the whole of the said work shall have been completed ,a certificate of completion shall be given. But in the case of the works estimated to cost more than Rs. One thousand, the contractor shall on submitting a monthly ▇▇▇▇ therefore, be entitled to receive payment proportionate to the part of the work then approved and passed by the Engineer-in-charge, whose certificate of such approval and passing of the sum payable shall be final and conclusive against the contractor. All such intermediate payment shall be regarded as payments by way of advance against the final payments only and not preclude the Engineer-in-charge from requiring any bad unsound, imperfect or unskillful work to be removed and taken away and reconstructed, or reacted, nor shall any such payment be considered as an admission of the due performance of the contract or any part thereof, in any respect or the occurring of any claim, nor shall it conclude, determine or affect in any way the powers of the Engineer-in-charge as to final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final ▇▇▇▇ shall be submitted by the contractor within one month of the date fixed for the completion of the work otherwise the Engineer-in- charge’s certificate of the measurement and of the total amount payable for the work shall be final and binding on all parties. Payments at reduced rates on account of items of work not accepted as completed to beat the discretion of the Engineer-in- charge. Clause 9:- The rates for several items of work estimated to cost more than Rs. One Thousand agreed to within, shall be valid only when the item concerned is accepted as having been completed fully in accordance with the sanctioned specifications. In case where the items of work are not accepted as so completed the Engineer-in-charge may make payment on account of such items at such reduced rates as he may consider reasonable in preparation of final or on account bills. ▇▇▇▇ to be submitted monthly. Clause 10 :- A ▇▇▇▇ shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all work executed in the previous month, and the Engineer-in- charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim so far as it is admissible shall be adjusted, if possible, within 10 days from the presentation of the ▇▇▇▇. If the contractor does not submit the ▇▇▇▇ within time fixed as aforesaid, the Executive-in-charge may depute a subordinate to measure up the said work. The presence of the contractor or his duly authorized agent whose counter signature to the measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a ▇▇▇▇ from such list which shall be binding on the contractor in all respects. ▇▇▇▇ to be on printed form. Clause 11 :- The Contractor shall submit all bills on the printed forms to be had on application at the office of the Engineer-in -charge. The charges to be made 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 rate hereinafter provided for such work. Store supplied by Government. Clause 12 :- If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the P.W.D. store or if it is required that the contractor shall use certain stores, and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor but not so as in any way to control the meaning or effect of this contract specified in the schedule or memorandum (hereto annexed) the contractor shall be supplied with such materials and stores as may be required from time to time to be used by him for the purposes of the contract only, and the value of the full quantity of materials and stores so supplied shall be set off or reduced from any sums then due, or otherwise, or from the security deposit, or the proceeds of sale thereof, if the deposit is held in Government securities the same or a sufficient portion thereof shall in that case be sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Government and shall on no account be removed from the site of the work and shall at all times be open to inspection by the Engineer-In-Charge. Any such materials unused and is perfectly in good condition at the time of completion or determination of the contract shall be returned to the Public Works Departments store, if the Engineer-In-Charge so requires by a notice in writing given under his hand, but remaining unused by him or for any wastage in or damage thereto. Work to be executed in accordance with specifications, drawings, orders etc. Clause 13 :- The contractor shall execute the whole and every part of the work like manner and both as regards materials and every other respect in strict accordance with specifications. The contractor shall also confirm exactly fully and faithfully to the designs, and drawings and instructions in writing relating to the work signed by the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of inspection at such office or at the site of work during office hours. The contractor will be entitled to receive three sets of contract drawings and working drawings as well as one certified copy of the accepted tender along with the work order free of cost. Further copies of the contract drawings and working drawings if required by him, shall be supplied at the rate of Rs. 1000/- per set of contract drawing and Rs. 1000/- per working drawing except where otherwise specified. Alterations in specifications & designs not to invalidate contract. Rate for works not entered in the estimate on schedule of rate of the district. Clause 14 :- The Engineer-in-charge shall have power to make any alterations in, or additions to or drawing design and instructions that may the original specifications, appear to him to be necessary or advisable during the progress of the work and the contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given him in writing signed by the Engineer -in-charge and such alterations shall not invalidate the contract, and any additional work which the contractor may be directed to do in the manner above specified as a part of the work shall be carried out by the contractor in the same conditions in all respects on which he agreed to the main work and at the same rates as per specified in the tender for the main work. And if the additional or altered work, includes any class of work for which no rate is specified in this contract, then such class of work shall be carried out at thethe rates entered in schedule of rates of the division or at the rate mutually agreed upon rates between the Engineer-in-charge and the contractor which ever are lower. If the additional or altered work for which no rate is entered in the Schedule of rates of the Division, is ordered to be carried out before the rates are agreed upon, then the contractor shall within 7 days of the date of receipt by him of order to carry out work inform the Engineer- in-charge of the rates which if his intention to charge for such class of work, and arrange to carry it out in such manner as he may consider advisable, provided always that if the contractor shall commence work or incur any expenditure in regard thereto bef
Appears in 1 contract
Sources: Construction Contract
Clause 3. In 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 or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the Executive Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the Executive Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the Executive Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the Executive Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause Contractor remains liable to pay compensation if action not taken under clause 3 & 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled Power to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor possession of or require removal of or sell Clause 5 :- In any case in which any of the remains liable powers conferred upon the Executive Engineer to pay by Clause 3 and 4 hereof shall have become compensation if exercisable and the same shall not been action not exercised, the non-exercise thereof shall not taken under constitute a waiver of any of the conditions clause 3 & 4 hereof and such powers shall not withstanding Power to take be exercisable in any future case of default by possession of the contractor for which by under any clause or or require clauses hereof he is declared liable to pay removal of or compensation amounting to the whole of his security sell contractor’s plant. deposit and the liability of the contractor for past plant. and future compensation shall remain unaffected. In the event of the Executive Engineer taking action under sub-clause (a) or (c) clause (3) he may, if he so desires, take possession of all or any tools plant, materials and stores in or upon the works or the site thereof or belonging to the Contractor, or procured by him 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 case of contract rates not being applicable at current market rates, to be certified by the Executive Engineer whose certificate thereof shall be final. In the alternative the Executive Engineer may after giving notice in writing to the contractor or to his clerk of the works, ▇▇▇▇▇▇▇ or other authorized agent require him to remove such tools, plant, materials or stores from the premises within a time to be specified in such notice and in the event of contractor failing to comply with any such requisition the Executive Engineer may remove them at the contractor’s expenses or sale them by auction or private sale, on account of the contractor at his risk in all respects, and the certificate of the Executive Engineer as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale be final and conclusive against the contractor. Extension of time Clause 6 :- If the Contractor shall desire an extension of the time for completion of the work on the ground of his having unavoidably hindered init execution or on and the other ground, he shall apply in writing to the Executive Engineer before the expiration of the period stipulated in the tender or before the expiration of 30 days from the date to which he was hindered as aforesaid or on which the cause for asking extension occurred, whichever is earlier and the Executive Engineer may, if in his opinion there are reasonable ground for granting an extension, grant such extension as he thinks necessary or proper. The decision of the Chief Engineer P.W.Region Amravati in this matter shall be final. Clause 6-A :- In the case of delay in handing over the land required for the work due to unforeseen cause, the contractor shall not be entitled for any compensation whatsoever from the Government on the ground that the machinery or the labour was idle for certain period. Contractor may, however apply for extension of time limit which may be granted on the merit of the case. Final Certificate. Clause 7 :- On completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (Hereinafter called the Engineer-in-charge ) in such completion but no certificate shall be given nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall have been executed all scaffolding surplus materials and rubbish and shall have cleaned of the dirt from all wood work, doors, windows, floors or other parts of any building, in or upon which the work has been executed, or on which he may have had possession for the purpose of executing the work nor until the work shall have been measured by the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-in-charge or where the measurements have been taken by his subordinates until they have received the approval of the Engineer-In-Charge, the said measurements being binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding, surplus material and rubbish, and cleaning off dirt on or before the date fixed for the completion of the work, the Engineer-in-charge may at the expense of the contractor, remove such scaffolding, surplus materials and rubbish, and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractor shall forthwith pay the amount of all expenses so incurred but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof. Payments on intermediate Certificate to be regarded as advances. Clause 8 :- No payment shall be made for any work estimated to cost less than Rs. One thousand. After the whole of the said work shall have been completed ,a certificate of completion shall be given. But in the case of the works estimated to cost more than Rs. One thousand, the contractor shall on submitting a monthly ▇▇▇▇ therefore, be entitled to receive payment proportionate to the part of the work then approved and passed by the Engineer-in-in- charge, whose certificate of such approval and passing of the sum payable shall be final and conclusive against the contractor. All such intermediate payment shall be regarded as payments by way of advance against the final payments only and not preclude the Engineer-in-charge from requiring any bad unsound, imperfect or unskillful work to be removed and taken away and reconstructed, or reacted, nor shall any such payment be considered as an admission of the due performance of the contract or any part thereof, in any respect or the occurring of any claim, nor shall it conclude, determine or affect in any way the powers of the Engineer-in-charge as to final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final ▇▇▇▇ shall be submitted by the contractor within one month of the date fixed for the completion of the work otherwise the Engineer-in- in-charge’s certificate of the measurement and of the total amount payable for the work shall be final and binding on all parties. Payments at reduced rates on account of items of work not accepted as completed to beat the discretion of the Engineer-in- charge. Clause 9:- The rates for several items of work estimated to cost more than Rs. One Thousand agreed to within, shall be valid only when the item concerned is accepted as having been completed fully in accordance with the sanctioned specifications. In case where the items of work are not accepted as so completed the Engineer-in-charge may make payment on account of such items at such reduced rates as he may consider reasonable in preparation of final or on account bills. ▇▇▇▇ to be submitted monthly. Clause 10 :- A ▇▇▇▇ shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all work executed in the previous month, and the Engineer-in- charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim so far as it is admissible shall be adjusted, if possible, within 10 days from the presentation of the ▇▇▇▇. If the contractor does not submit the ▇▇▇▇ within time fixed as aforesaid, the Executive-in-charge may depute a subordinate to measure up the said work. The presence of the contractor or his duly authorized agent whose counter signature to the measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a ▇▇▇▇ from such list which shall be binding on the contractor in all respects. ▇▇▇▇ to be on printed form. Clause 11 :- The Contractor shall submit all bills on the printed forms to be had on application at the office of the Engineer-in -charge. The charges to be made 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 rate hereinafter provided for such work. Store supplied by Government. Clause 12 :- If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the P.W.D. store or if it is required that the contractor shall use certain stores, and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor but not so as in any way to control the meaning or effect of this contract specified in the schedule or memorandum (hereto annexed) the contractor shall be supplied with such materials and stores as may be required from time to time to be used by him for the purposes of the contract only, and the value of the full quantity of materials and stores so supplied shall be set off or reduced from any sums then due, or otherwise, or from the security deposit, or the proceeds of sale thereof, if the deposit is held in Government securities the same or a sufficient portion thereof shall in that case be sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Government and shall on no account be removed from the site of the work and shall at all times be open to inspection by the Engineer-In-Charge. Any such materials unused and is perfectly in good condition at the time of completion or determination of the contract shall be returned to the Public Works Departments store, if the Engineer-In-Charge so requires by a notice in writing given under his hand, but remaining unused by him or for any wastage in or damage thereto. Work to be executed in accordance with specifications, drawings, orders etc. Clause 13 :- The contractor shall execute the whole and every part of the work like manner and both as regards materials and every other respect in strict accordance with specifications. The contractor shall also confirm exactly fully and faithfully to the designs, and drawings and instructions in writing relating to the work signed by the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of inspection at such office or at the site of work during office hours. The contractor will be entitled to receive three sets of contract drawings and working drawings as well as one certified copy of the accepted tender along with the work order free of cost. Further copies of the contract drawings and working drawings if required by him, shall be supplied at the rate of Rs. 1000/- per set of contract drawing and Rs. 1000/- per working drawing except where otherwise specified. Alterations in specifications & designs not to invalidate contract. Rate for works not entered in the estimate on schedule of rate of the district. Clause 14 :- The Engineer-in-charge shall have power to make any alterations in, or additions to or drawing design and instructions that may the original specifications, appear to him to be necessary or advisable during the progress of the work and the contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given him in writing signed by the Engineer -in-charge and such alterations shall not invalidate the contract, and any additional work which the contractor may be directed to do in the manner above specified as a part of the work shall be carried out by the contractor in the same conditions in all respects on which he agreed to the main work and at the same rates as per specified in the tender for the main work. And if the additional or altered work, includes any class of work for which no rate is specified in this contract, then such class of work shall be carried out at the.
Appears in 1 contract
Sources: Construction Contract