FORM no. 30-B

(CHAPTER XIII, PARAGRAPH 307)

All repairs (other than annual repairs) and petty works for which no plans or drawings are prepared

GOVERNMENT OF UTTAR PRADESH

—————DEPARTMENT

NOTICE

TENDERS are invited for—————. The work has been described in detail in the Schedule on the opposite page.

2. Sealed tenders in envelops endorsed "Tender for—————" must be delivered at the undersigned’s office not later than 12 noon on—————.

3. Tenders must be written on printed forms obtainable at the undersigned’s office between the hours of 10 a.m. and 4 p.m. on any working day on payment of 25 Paise per form.

4. The tender must show clearly the lumpsum tendered for the whole work and where separate items of work have been mentioned in the Schedule of work a lumpsum must be tendered for each item of work. Failure to comply with the conditions will render the tender invalid.

5. Each tender must be accompanied by treasury chalan in support of a deposit of earnest money equal in amount to 1 per cent of the lumpsum tendered for the whole work. Tenders which are not accompanied by treasury chalans for the correct amount will not be considered.

6. The tender shall remain open for acceptance for a period commencing from the date of submission of the tender and ending with the expiry of ninety days from the date fixed for opening of the tenders. If any tenderer withdraws his tender before expiry of the said period the Department may agree to allow such withdrawal but in such a case the earnest money deposited by the tenderer may be forfeited. If the Department does not agree to allow such withdrawal and accepts the tender and the tenderer fails to perform his part of the contract the earnest money deposited by the tenderer shall be liable to be forfeited besides other consequences of breach of contract.

NOTES—(1) If subsequent to the submission of the tender, any tenderer amends, alters or modifies the contents of his tender which are not acceptable to the Department then, for purposes of this condition, the tenderer shall be deemed to have withdrawn his proposal.

(2) If a tenderer, who is exempt from furnishing earnest money, withdraws his proposal within the said period, he may in the discretion of the Government of Uttar Pradesh be debarred from tendering for a period of one year reckoned from the date of opening of the tender.

7. Tenders will be opened by the undersigned or his authorized agent at his office on the—————day of ————— at —————a.m./p.m.

8. The person whose tender is accepted provisionally must sign the contract which is printed at the back of the tender form within seven days of being called on to do so, failing which his earnest money will be forfeited and the acceptance of the tender withdrawn.

9. The person whose tender is accepted provisionally will not be permitted to alter his tender due to any delay in the issue of orders to start work but the tender will be considered as current in the financial year in which it is submitted.

10. The person whose tender is accepted finally is to commence the work upon the date ordered by the undersigned and to complete the same in every respect by_____.

11. The Government do not bind themselves to accept the lowest or any tender or to give reasons for non-acceptance.

Dated_____,

The_____19 .

TENDER FORM

Schedule of Works

I/We do hereby tender to execute the work of_____at_____ more particularly the works tendered for in detail by me/us in the Schedule above for the sum of Rupees_____(Rs._____) and herewith attach a treasury chalan for Rupees_____(Rs._____) deposited by me/us in the Treasury at_____as earnest money, which earnest money may be forfeited to the Government of Uttar Pradesh, if I/we fail to sign the contract the form of which I/we have inspected within the time specified in the notice calling for tenders.

Signature of tenderer _____

Address_____

Date _____

Signature of witness (1) _____

Address_____

Date _____

Signature of witness (2) _____

Address_____

Date_____

GOVERNMENT OF UTTAR PRADESH

_____DEPARTMENT

Lumpsum Contract

Form of Agreement

THIS INDENTURE made the_____day of_____19 . BETWEEN_____son of _____resident of_____ (hereinafter called "the Contractor" which expression where the context so admits or implies includes *his/their/its heirs executors, administrators and assigns) of the one part AND the Governor of the Uttar Pradesh (hereinafter called "the Governor" which expression where the context so admits or implies his successors-in-office and assigns) of the other part.

WHEREAS the Governor requires the execution of certain works for_____ (hereinafter called "the works") at_____and has caused to be notified a schedule of works to be executed and has caused sufficient time and opportunity to be given to the Contractor to inspect and measure the building or buildings which are to be repaired.

AND WHEREAS the contractor has agreed to execute upon and subject to the conditions hereunder printed (hereinafter called the "said conditions") the works shown in the said schedules for the sum of Rupees_____(hereinafter called the "contract sum").

NOW IT IS HEREBY AGREED AS FOLLOWS :

(1) In consideration of the Contract sum to be paid by the Governor at the time and in the manner set forth in the said conditions the Contractor will upon and subject to the said conditions execute and complete the works.

(2) The Governor will pay the Contractor the Contract sum or such other sum as shall become payable at the time and in the manner set forth in the said conditions.

(3) The said conditions shall be read and construed as forming part of this Contract and the parties hereto respectively shall abide by and observe and perform and comply with the terms, stipulations and agreements therein contained and on their part to be observed, performed and complied with respectively.

IN WITNESS WHERE OF the parties hereto have signed this deed on the dates respectively shown against their signatures.

Contractor

In the presence of :

(1) _____

(2) _____

Signed for and on behalf of the Governor by_____

In the presence of :

(1) _____

(2) _____

*In case of a Corporate body its successors or assigns.

Conditions of Contract

In these conditions the following expressions have the following meanings unless the context otherwise requires, viz. :

"Local Officer" means the officer defined as such in paragraph 263 of Chapter XIII, Volume V, of the Financial Handbook.

"Chief Engineer" means the Chief Engineer for the time being incharge of the Public Works Department of the Government of Uttar Pradesh.

"Contractor" means the person, partners or company contracting with the Employer (as hereinafter defined) by the Indenture of which these conditions form part, and the pronouns, "he" and "his" where used in reference to the Contractor shall respectively and in substitution for their ordinary meaning have the meaning of "they" and "theirs" when the Contractor is a partnership or the meaning of "it" and "its" when the Contractor is a body corporate.

"Employer" means the Governor of Uttar Pradesh and his successors-in-office or assigns.

"Notice in Writing" or written notice means a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address or registered office of the addressee. Any notice so posted shall be deemed to have been received at the time when in the ordinary course of post it would have been delivered.

"Site" means the site of the contract works including any buildings and erections thereon and any land (inclusive as aforesaid) allotted by the Employer or the Local Officer for the Contractor’s use.

"This Contract" means the Indenture to which these conditions are attached and these Conditions and the Schedule of Work attached thereto.

2. For the contract sum the Contractor shall provide everything necessary for the proper execution of the work and shall carry out and complete the works in accordance with the Contract, such carrying out and completion to be in every respect in a thorough and workmanlike manner with materials hereinafter specified, and to the satisfaction of the Local Officer.

3. All materials and workmanship shall be of the respective kinds described in the Public Works Department Handbook of Specifications published for the Public Works Department, Uttar Pradesh. The Contractor will within a week of the completion of the works and at his own cost remove from the site of the work, all scaffolding, rubbish, and other materials and restore the ground in good condition. In case of his default the employer will get this done and recover full costs thereof from the Contractor.

4. The Contractor shall start the works on_____and complete them in all respects to the satisfaction of the Local Officer by the 31st December, 19 .

5. In the following cases, viz. :

(a) if the final acceptance of the tender and signing of the contract are delayed by more than two months by any cause or circumstance outside the control of the Contractor;

(b) if the works or any portion thereof including the making good of defects are delayed by any cause outside the control of the Contractor; the Contractor shall upon his written request to the Local Officer be entitled to such extension of time as the said officer in his discretion grants provided that no extension shall be granted beyond the 31st March, 19 .

6. Any dispute or difference between the parties hereto as to the rights or liabilities of the parties hereto or as to any matter or thing whatsoever, arising under this Contract or concerning its construction whether such dispute or difference arises during the continuance of this Contract or after its determination by completion or breach or otherwise howsoever, shall be referred to an arbitrator who will be the Chief Engineer, Public Works Department or his nominee not below the rank of a Superintending Engineer. The decision of the arbitrator shall be final and binding on both the parties and upon every such reference the costs of and incidental to the reference and arbitration respectively shall be in the discretion of the arbitrator, who shall determine the amount thereof and shall direct by whom and to whom and in what manner the same shall be borne and paid. The arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award.

7. If the Contractor shall fail finally to complete the contract works by the 31st of December, 19 , or within any extended time allowed under clause 5 and the Local Officer certifies in writing that the same ought reasonably so to have been completed the Contractor shall pay or allow to the Employer "liquidated and ascertained damages" at the rate of Rupees_____per day for the period during which the works shall so remain uncompleted provided that the total amount of liquidated and ascertained damages does not exceed the sum of Rupees_____and the Employer may deduct such damages from any money due or which may become due to the Contractor. No cause of delay whatever whether avoidable or unavoidable on the part of the Contractor shall in any way affect the liability of the Contractor under this clause. The works shall not be deemed to be finally completed until the Local Officer shall have certified in writing to that effect.

8. In case the Contractor suspends or delays the execution of any item of repairs beyond the due season, or in case he becomes liable to pay the maximum amount of liquidated and ascertained damages under clause 7 and despite that has not completed the works, and the Local Officer shall have given a written notice to the Contractor to proceed with the works within the seven days after such notice shall have been given to no effect, then and in any such case the Local Officer shall be at liberty, and it shall be lawful for him, to take over the completion of the works and to employ any other person or persons to execute and complete the same. And for that purpose he may take possession of and permit the aforesaid person or persons the use of the Contractor’s plant, tools, implements, materials and things on or about the works. All costs and charges thereby incurred in nay way in the execution and completion of the work shall be ascertained and certified by the Local Officer and shall be paid by the Contractor. The Local Officer may set off the aforesaid costs and charges against any moneys due or to become due to the Contractor.

9. The Contractor shall not be entitled to any payment during the execution of the work but shall be paid the money due to him in a lumpsum on completion of the works to the reasonable satisfaction of the Local Officer.

10. The Contractor will, one week before starting the work, deposit a security of_____thousand rupees in cash or Government Promissory Notes for the due performance of the terms and conditions herein binding on him and for the completion of the contract in accordance with the terms of this Contract. Any sums due to the Employer under any condition herein settled shall be recovered by him from this amount and the Contractor shall within fifteen days of a written notice by the employer to that effect make good the deficiency so caused in default of which the Employer may cancel the contract. Three months after the due completion of the contract the security amount shall be refunded to the Contractor.

11. The Contractor shall during the progress of the works be in full charge of the same and shall be solely responsible, for, and shall make good all injuries, damages and repairs occasioned to the same by fire or any other cause whatsoever and he shall save the Employer harmless from any claims for injuries to persons or for structural damage to property happening from any neglect, default, want of proper care or misconduct on the part of the Contractor or of any one in his employ during the execution of the works.

12. The Contractor shall, without prejudice to the rights of the Employer, under the Workmen’s Compensation Act, 1923, pay to the Employer the amount of any compensation or otherwise which the employer may be called upon to pay under any provision of the Workmen’s Compensation Act, 1923, or any statutory modification thereof in respect of any accident to any workman arising out of and in the course of his employment by the Contractor, his workmen, servants or agents, or by any sub-contractor front him in execution of the works. The Employer shall be at liberty to recover such amount or any part thereof by deducting it either from the security money deposited by the Contractor or from any sum due or which may become due by the Employer to the Contractor whether under this Contract or under any other account.

The Employer shall not be bound to contest any such claim made against him unless the Contractor makes a request for the same in writing and gives full security for all costs to which the Employer might become liable in contesting the claim.