BID DOCUMENTS - Rajasthan Agriculture Marketing Board
BID DOCUMENTS - Rajasthan Agriculture Marketing Board BID DOCUMENTS - Rajasthan Agriculture Marketing Board
(ii)(iii)(iv)If the Contractor, being a company, shall pass a resolution or the Court shall makean order that the company shall be wound up or if a receiver or a manager, onbehalf of a creditor, shall be appointed or if circumstance shall arise, which entitlethe Court or Creditor to appoint a receiver or a manager or which entitle the Courtto make a winding up order.If the contractor commits breach of any of the terms and conditions of thiscontract.If the contractor commits any acts mentioned in Clause 19 hereof.When the contractor has made himself liable for action under any of the casesaforesaid, the Engineer-in-charge on behalf of the RSAMB shall have powers:-(a)(b)(c)To determine or rescind the contract, as aforesaid (of which determinationor recession notice in writing to the Contractor under the hand ofEngineer-in-charge shall be conclusive evidence), upon such determinationor rescission, the earnest money, full security deposit of the contract shallbe liable to be forfeited and shall be absolutely at the disposal of RSAMB.To employ labour paid by the RSAMB and to supply materials to carry ourthe work or any part of the work, debiting the Contractor with the cost ofthe labour and the price of the materials (of the amount of which cost andprice certified by the Engineer-in-charge shall be final and conclusiveagainst the Contractor) and crediting him with the value of the work donein all respects in the same manner and at the same rates, as if it had beencarried out by the Contractor under the terms of this contract. Thecertificate of the Divisional Officer, as to the value of the work done, shallbe final and conclusive evidence against the Contractor provided alwaysthat action under the sub-clause shall only be taken after giving notice inwriting to the Contractor. Provided also that if the expenses incurred bythe department are less than amount payable to the Contractor at hisagreement rates, the difference shall not be paid to the Contractor.After giving notice to the Contractor to measure up the work of thecontractor and to take such part thereof, as shall be unexecuted out of hishands and to give it to another Contractor to complete, in which case anyexpenses which may be incurred in excess of the sum which would havebeen paid to the original Contractor, if the whole work had been executedby him (of the amount of which excess, the certificate in writing of theEngineer-in-charge shall be final and conclusive) shall be borne and paidby the original Contractor and may be deducted from any money due tohim by RSAMB under this contract or on any other account, whatsoever,or from his Earnest Money, Security Deposit, Enlistment Security or theproceeds of sales thereof, or a sufficient part thereof, as the case may be.In the event of any one or more of the above courses being adopted by theEngineer-in-charge, the Contractor shall have no claim to compensationfor any loss sustained by him reasons of his having purchased or procuredany materials or entered into any engagements or made any advances onaccount or with a view to the execution of the work or the performance ofcontract. And, in case action is taken under any of provisions aforesaid, theSignature of ContractorExecutive Engineer
Contractor shall not be entitled to recover or be paid, any sum for anywork thereof or actually performed under this contract unless and until theEngineer-in-charge has certified, in writing, the performance of such workand the value payable in respect thereof, and he shall only be entitled to bepaid the value so certified.Clause 4: Contractor remains liable to pay compensation, if action not taken underClause 3(i)In any case in which any of the powers conferred by Clause 3 hereof, shall havebecome exercisable and the same shall have not been exercise, the non-exercise,thereof, shall not constitute waiver of any of the conditions hereof, and suchpower shall, not with standing, be exercisable in the event of any future case ofdefault by the Contractor for which, by any clause or clause hereof, he is declaredliable to pay compensation amounting to the whole of his SecurityDeposit/Performance Guarantee/ Earnest Money/ Enlistment security and theliability of the Contractor for past and future compensation shall remainunaffected.Powers to take possession of, or require removal, sale of Contractor’s Plant.(ii)In the event of the Engineer-in-charge putting in force, powers vested in himunder the preceding Clause 3 he may, if he so desires, take possession of all or anytools, plants, materials and stores, in or upon the works or the site, thereof, orbelonging to the contractor or procured by him and intended to be used for theexecution of the work or any part thereof, paying or allowing for the same inaccount, at the contract rates or, in case of these not being applicable, at currentmarket rates, to be certified by the Administrator/ Chairman or duly authorisedEngineer (whose certificate, thereof, shall be final and conclusive), otherwise theEngineer-in-charge may, by notice in writing to the contractor or his clerk of theworks, foreman or other authorised agent, require him to remove such tools, plant,materials or stores from the premises (within a time to be specified in suchnotice), and in the event of the Contractor failing to comply with any requisition,the Administrator/Chairman or other duly authorised Engineer may remove themat the Contractor’s expenses, sell them by auction or private sale on account of theContractor and at his risk in all respects, and the certificate of the Administrator/Chairman or other duly authorised Engineer, as to the expense of any suchremoval, and the amount of the proceeds and expense of any such sale shall befinal and conclusive against the Contractor.Clause 5 : Extension of TimeIf the Contractor shall desire an extension of time or completion of the work onthe ground of his having been unavoidably hindered in its execution or on any othergrounds, he shall apply, in writing, to the Engineer-in-charge within 30 days of the date ofthe hindrance, on account of which he desires such extension as aforesaid, and theAuthority Competent to grant extension under the rules/delegations of powers or otherduly authorised Engineer shall, if in his opinion, (which shall be final) reasonable groundsbe shown thereof, authorise such extension of time, if any, as may, in his opinion, benecessary or proper, if the period of completion of contract expires before the expiry ofthe period of one month provided in this Clause, the application for extension shall beSignature of ContractorExecutive Engineer
- Page 1 and 2: BID DOCUMENTSForConstruction of Cem
- Page 3 and 4: BID DOCUMENTFORNAME OF WORK: -Const
- Page 5 and 6: (RPWA-100)RAJASTHAN STATE AGRICULTU
- Page 7 and 8: Diploma holder engineers may pay Ea
- Page 9 and 10: 20. Mixing of C.C. must be carried
- Page 11 and 12: (ii)(iii)(iv)(v)(vi)Lifts and Escal
- Page 13 and 14: the programme of completion given i
- Page 15 and 16: 8. The memorandum of work tendered
- Page 17 and 18: 25. After acceptance of the tender,
- Page 19 and 20: Conditions of ContractClause 1 : Se
- Page 21: In case delayed period over a parti
- Page 25 and 26: along with the estimate of the cost
- Page 27 and 28: procure and shall be supplied such
- Page 29 and 30: (iii)(iv)(v)If the rates for the al
- Page 31 and 32: or at local market rates which ever
- Page 33 and 34: public officer or person, in the em
- Page 35 and 36: of the Engineer-in-charge shall be
- Page 37 and 38: the expenses of keeping their labou
- Page 39 and 40: 11 Cutting of branches of trees, sh
- Page 41 and 42: Clause 38 : Fair Wage Clause(a)The
- Page 43 and 44: the risk of the contractor until th
- Page 45 and 46: (D) PetroleumP f (F i - F 0 )V f =
- Page 47 and 48: The above index number MP 0 & W 0 a
- Page 49 and 50: 10. In case the contractor does not
- Page 51 and 52: S.No.Schedule of Materials to be su
- Page 53 and 54: Tender Inviting Authority: Rajastha
- Page 55: Sl.No.Description of work14 Supplyi
(ii)(iii)(iv)If the Contractor, being a company, shall pass a resolution or the Court shall makean order that the company shall be wound up or if a receiver or a manager, onbehalf of a creditor, shall be appointed or if circumstance shall arise, which entitlethe Court or Creditor to appoint a receiver or a manager or which entitle the Courtto make a winding up order.If the contractor commits breach of any of the terms and conditions of thiscontract.If the contractor commits any acts mentioned in Clause 19 hereof.When the contractor has made himself liable for action under any of the casesaforesaid, the Engineer-in-charge on behalf of the RSAMB shall have powers:-(a)(b)(c)To determine or rescind the contract, as aforesaid (of which determinationor recession notice in writing to the Contractor under the hand ofEngineer-in-charge shall be conclusive evidence), upon such determinationor rescission, the earnest money, full security deposit of the contract shallbe liable to be forfeited and shall be absolutely at the disposal of RSAMB.To employ labour paid by the RSAMB and to supply materials to carry ourthe work or any part of the work, debiting the Contractor with the cost ofthe labour and the price of the materials (of the amount of which cost andprice certified by the Engineer-in-charge shall be final and conclusiveagainst the Contractor) and crediting him with the value of the work donein all respects in the same manner and at the same rates, as if it had beencarried out by the Contractor under the terms of this contract. Thecertificate of the Divisional Officer, as to the value of the work done, shallbe final and conclusive evidence against the Contractor provided alwaysthat action under the sub-clause shall only be taken after giving notice inwriting to the Contractor. Provided also that if the expenses incurred bythe department are less than amount payable to the Contractor at hisagreement rates, the difference shall not be paid to the Contractor.After giving notice to the Contractor to measure up the work of thecontractor and to take such part thereof, as shall be unexecuted out of hishands and to give it to another Contractor to complete, in which case anyexpenses which may be incurred in excess of the sum which would havebeen paid to the original Contractor, if the whole work had been executedby him (of the amount of which excess, the certificate in writing of theEngineer-in-charge shall be final and conclusive) shall be borne and paidby the original Contractor and may be deducted from any money due tohim by RSAMB under this contract or on any other account, whatsoever,or from his Earnest Money, Security Deposit, Enlistment Security or theproceeds of sales thereof, or a sufficient part thereof, as the case may be.In the event of any one or more of the above courses being adopted by theEngineer-in-charge, the Contractor shall have no claim to compensationfor any loss sustained by him reasons of his having purchased or procuredany materials or entered into any engagements or made any advances onaccount or with a view to the execution of the work or the performance ofcontract. And, in case action is taken under any of provisions aforesaid, theSignature of ContractorExecutive Engineer
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