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CA NO: CDR/760TF/ / 2012-13 Ser Page No: 50 (i) The rate quoted shall also include transportation of store/materials required for maintenance, transportation of store/equipments upto site where required including loading/unloading charges. (ii) The rate quoted shall also include cost of all tests carried out by the contractor either at site or in western field lab at Udhampur / in any Govt laboratory. MEASUREMENT 19. Monitoring and recording of services will be done on a daily basis. Record of service will be maintained in daily maint register, weekly maint register, and monthly maint register as per schedule of maint given in annexure ‘B’. Recording of spares and time taken for rectification will be recorded in a separate register. These registers shall be signed by the Engr-in-Charge and the Contractor duly counter signed by the OC contract. TIME FOR WORK 20. All routine maint shall be carried out during night only except when emergency maint is required during day where permission of Engr-in-Charge shall be obtained by the Contractor. COMPENSATION 21. The Department is not liable to pay any compensation on account of any injury/ damage to labours and vehicles deployed by contractor caused due to accident/ militant activity/ any other reason occurred during execution of CA. 22. The contractor will ensure that all defects noticed will be attended / repaired within one day. Also proper guarantee / warranty of repaired parts / replaced items will be given to Engineer-In- Charge as and when it is replaced. 23. In case, the service provider fails to meet his obligation within the stipulated time frame, penalty / compensation will be imposed on contractor as per defects / time taken to repair it. Imposing penalty / compensation, decision of Accepting Officer will be final. 24. ACCEPTANCE OF WORK DONE: The Engineer-in-Charge/ OC contract shall exercise control over the quality of materials and work done by carrying out tests for the specified properties as per frequencies given in particular specifications. 25. ESCALATION: No claim of reimbursement in increase of labour wages, cost of POL and materials is admissible under this contract including extended period if any. 26. Blank 27. INCOME TAX: Income Tax along with education cess and service/works contract tax will be deducted at source as applicable. 28 ROYALTIES 28.1. The condition in Clause 14 of General condition of IAFW-2249 is not applicable to this contract and hence treated to be cancelled. The contractor shall make his own arrangement for procurement of materials required for AMC of tunnel as mentioned in the schedule ‘A’ and elsewhere. Royalties are payable by the contractor. ___________________________ (Signature of contractor with seal) sd/- xxx SW For Accepting Officer
CA NO: CDR/760TF/ / 2012-13 Ser Page No: 51 28.2. The contractor shall submit a certificate as under: - CERTIFICATE It is certified that I/we, M/s (Primary License Holder) _____________________ having a License No __________________________________ issued by Forest/Mining Deptt, Govt. of _____________________________________________ have supplied the following materials to M/s _________________________________________ against CA NO: CDR/760TF/ /2011-12 to Commander 760 BRTF during the period from ______________________________________ to____________________________________________. Ser No Materials Quantity Supplied (a) (b) It is further certified that royalty etc for above quantity of materials, at applicable rates have been paid by us to concerned Deptt of the Govt. of ______. A copy of no demand certificate/Challan/ Permit/Affidavit duly verified by the concerned Deptt etc is attached herewith. (M/s ________________________ (Primary License Holder) “The payment of bill will be made only on producing the proof of payment towards royalty to the concerned authorities”. In case of any dispute between the OC contract and the contractor in this regard decision of Commander 760 BRTF shall be final and binding on both the parties. 29 RE-IMBURSEMENT/REFUND ON VARIATION IN TAXES DIRECTLY RELATED TO CONTRACT VALUE (a) The rates quoted by the contractor shall be deemed to be inclusive of all taxes ( including sales tax/ VAT on material, sales tax/ VAT on work contracts, Turnover tax, service tax, labour welfare cess/ tax etc), duties, royalties, Octroi & other levies payable under the respective status. No reimbursement/ re/refund for variation in rates of taxes, duties, royalties, octroi & other levies and/ or imposition/ abolition of any new/ existing taxes, duties, Royalties, Octroi & other levies shall be made except as provided in sub Para (b) here in below. (b) (i) The taxes which are levied by the Govt at certain percentage rates of contract sum/ amount shall be termed as “ taxes directly related to contract value such as sales tax / VAT on work contracts, Turnover tax, labour welfare cess/ tax and like but excluding income tax. The tendered rates shall be deemed to be inclusive of all “ taxes directly related to contract value “ with existing percentage rates as prevailing on last due date for receipt of tenders. Any increase in percentage rates of “ taxes directly related to contract value” with reference to prevailing rates on last due date for receipt of tenders shall be reimbursed to the contractor and any decrease in percentage rates of “ taxes directly related to contract value with reference to prevailing rates on last due date for receipt of tenders shall be refunded by the contractor to the Govt/ deducted by the Govt from any payments due to the contractor. Similarly imposition of any new “taxes directly related to contract value” after the last due date for receipt of tenders shall be reimbursed to the contractor and abolition of any “ taxes directly related to contract value prevailing on last due date for receipt of tenders shall be refunded by the contractor to the Govt/ deducted by the Govt from any payments due to the contractor. ___________________________ (Signature of contractor with seal) sd/- xxx SW For Accepting Officer
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