COFFEE BOARD
No.1, Dr. Ambedkar Veedhi, Bangalore - 560 001E


AGREEMENT

This agreement made and executed on -------------- by the Estate Officer on behalf of Secretary, Coffee Board, a Statutory Body, constituted under the Coffee Act 1942, having its Head Office at No.1, Dr.B.R.Ambedkar Veedhi, Bangalore - 560 001.

And
By Sri --------- (Hereinafter referred to as the Contractor / Firm which term shall mean and include Liquidators and permitted assigns).

WHEREAS the contractor is successful tenderer to the Notification vide Reference No:------------- dated 25th Jan 2008 for the Work of "Replacement of underground cable for street light in Central Coffee Research Institute, CRS, Coffee Board, Balehonnur, Chikmagalur district". NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: -
  1. The Contractor / Firm have agreed for all the terms & conditions enclosed with the schedule vide reference cited above. The main items of work to be carried out by the contractor are set out in the schedule enclosed to that Notification / Schedule of tender.

  2. The contractor / firm shall in general adopt standard method of construction execute the whole and every part of the work in the most substantial and workman like manner and both as regards materials and otherwise in every aspect strictly in accordance with the specifications. The work shall be carried out as per CPWD/ISI specifications. In case of any class of work in which there is no CPWD/ISI specifications, the contractor shall carry out the work in all respects according to the instructions of the "Board".

  3. The Earnest Money Deposit paid by the contractor will be adjusted towards Security Deposit. The total sum equal to ten percent of the final bill amount will be deducted from the contractor's bill as Security Deposit amount. This Security Deposit amount will carry no interest. The security deposit amount will be refunded to contractor after six months from the date of completion of work subject to the satisfactory performance of the work, if no defects in the work done are noticed by the Board with the option to extend it's validity period for a further period of six months or the period required for rectification of work, whichever period is longer.

  4. The time allowed for carrying out the work shall be 30 days excluding monsoon days from the 3rd day of the date of issue of the work order and completion date shall be strictly adhered to by the "Contractor" / "Firm" and the time shall be deemed to be the essence of the contract. The starting date of the work shall be reckoned from the 3rd day after the date of issue of work order. In the event of the "Contractor / Firm" failing to comply with these conditions, he shall be liable to pay compensation as the Board may decide on the quoted amount, should the "Contractor" fail to commence the work within a week from the date of issue of work order or abandon the work at any time after such commencement, the balance work shall be got executed by the "Board" at the risk and cost of the "Contractor", in addition to forfeiture of EMD / SECURITY DEPOSIT amount or any such amount payable to the contractor by the Coffee Board.

  5. No change in specifications shall be made without the written acceptance. All tests required to ensure for the quality of work according to specification shall be got done periodically by the "Contractor / Firm" at his own cost. The contractor shall, wherever called upon by the Board, permit the Board to draw samples, and samples so drawn shall be got tested by the contractor at his own cost at such center as may be designated by the Board.

  6. The work shall be carried out under the directions of the "Board" subject to the inspection & supervision if required by the representative as appointed by the "Board" for this purpose to ensure strict compliance with the terms, specifications & conditions of this agreement. Any failure on the part of the Board or his representative during the process of inspection of works to discover any defective work or to reject materials not up to the standard shall not be deemed to have been accepted and shall not be construed as waived.

  7. The Contractor / Firm shall make his own arrangement for all materials such as plant, tools, appliances, ladders, scaffoldings, temporary works and connections such as water, electricity etc., required for the proper execution of the work. However, if the electricity & water are provided by the Board, the tariffs for the same would be recovered from the Contractor's bill. Also, it will be the responsibility of the contractor to Liaisoning with the appropriate authorities to obtain necessary approvals for completion of the said work.

  8. In the event of the contractor / firm using sub-standard / inferior quality of materials which at future date is not susceptible to replacement for structural reasons or other wise and if concurrence is given for retention of such structure, the "Board" will have necessary authority to recover proportional cost as decided by the Board. In case the structure with the use of sub-standard or inferior material cannot be retained in the work as per the option of the "Board", portion or portions of such structure / work shall be dismantled and replaced a new by the "Contractor / Firm" at his own cost.

  9. No increase in the quoted rates will be allowed to the "Contractor / Firm" either on account of increase in the cost of labour or materials. The payment will be made to the contractor / firm after completion of work as set out in the tender conditions. The contractor / firm shall not be entitled to any advance payment. For any additional items carried out on approval from the Competent Authority, the rates shall be, negotiable and as fixed by the Board.

  10. The "Contractor / Firm" having been given a notice by the "Board" in writing, within a period of six months from the final completion or extended maintenance period, shall rectify / reconstruct or replace any defective work or the work performed if any in inefficient / improper manner or contrary to specifications within the period stipulated in the notice at his own cost. Should this be not attended to within a reasonable period of time, the work shall be got executed by the "Board" in such a manner as the Board decides and the cost of the work so executed shall be adjusted from the Security Deposit amount or any amount that may be due to the Contractor.

  11. Any amount due and payable to the contractor under this agreement may be withheld or retained by way of lien by the Board against any claim of the Board in respect of payment of the amount arising out of or under any other contract made by the "Contractor / Firm" with the Board or with such other person or persons. The contractor / firm shall have no claim for interest or damages whatsoever on this account or any other grounds in respect of any amount withheld or retained.

  12. Notwithstanding anything contained elsewhere in this agreement, the contractor / firm shall continue to remain liable to the Board in damages for any acts of omissions or commissions in the performance of its obligations under this contract. This is without prejudice to the specific provisions for levy of penalties, replacement of defective work etc.

  13. In all the matters pertaining to the contract / tender and in the event of any disputes, the decision of the Chairman, Coffee Board, shall be final. The jurisdiction of the legal matters shall be only in Bangalore.

  14. The Contractor / Firm shall be solely responsible for settling claims for all categories of workmen employed by him in the construction work for other related work. The contractor / firm shall be at all times keep the" Board " indemnified against any and every claim on any account whatsoever from any of the workmen or other persons employed or engaged to perform any work on or in relation to the proposed work or any work on or in relation to the proposed work or any facility connected there with. The contractor / firm shall strictly abide by and confirm all applicable legislation governing the employment of persons, payment of minimum wages, provision for amenities, medical and other compensation in case of accidents etc.

  15. That save as varied as herein provided all the terms and conditions thereto shall continue to be binding and in full force and effect.


IN WITNESS WHERE OF THE parties have signed this agreement on the respective dates mentioned against them in the presence of the following witness.

For and on behalf of Chairman
Coffee Board,
Signature of the Contractor / Firm
Seal

WITNESS:





 Designation of the Officer
Coffee Board,

WITNESS: