Tender document — White Topping of Selected Roads under GoK Grants, Package-2 (BBMP, Project Central-8)

Comprehensive Development of Selected Roads by Providing
White Topping Under GoK Grants Package - 2 Technical Bid
Tenderer Page 44 of 65 Executive Engineer,
PC-8, BBMP, Bengaluru
51. Property
51.1 All Materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be
the Property of the Employer, if the Contract is terminated because of a Contractor’s Default.
52. Release from Performance
52.1 If the Contract is frustrated by any Event entirely Outside the Control of either the Employer
or the Contractor, the Employer shall certify that the Contract has been frustrated. The
Contractor shall make the Site Safe and stop work as quickly as possible after receiving this
Certificate and shall be paid for all Work carried out before receiving it and for any Work
carried out afterwards to which Commitment was made.
F. Special Conditions of Contract
The following Special Conditions of Contract shall be read in conjunction with the General
Conditions of Contract and Instructions to Tenderers as an Extension and not in Limitation of the
Obligations of the Contract. In case of Discrepancy between these Special Conditions of Contract and
the General Conditions of Contract, the decision of the Employer shall be final and binding on the
Contractor.
1. Labour
The Contractor shall, unless otherwise provided in the Contract, make his own Arrangements
for the Engagement of all Staff and Labour, Local or Other, and for their Payment, Housing,
Feeding and Transport.
The Contractor shall, if required by the Employer, deliver to the Employer a Return in Detail,
in such Form and at such Intervals as the Employer may prescribe, showing the Staff and the
Numbers of the Several Classes of Labour from time to time employed by the Contractor on
the Site and such other Information as the Employer may require.
2. Compliance with Labour Regulations
During Continuance of the Contract, the Contractor shall abide at all times by all existing
Labour Enactments and Rules made there under, Regulations, Notifications and Bye Laws of
the State or Central Government or Local Authority and any other Labour Law (including
Rules), Regulations, Bye Laws that may be passed or Notification that may be issued under
any Labour Law in future either by the State or the Central Government or the Local
Authority. The Contractor shall keep the Employer Indemnified in case any action is taken
against the Employer by the Competent Authority on Account of Contravention of any of the
Provisions of any Act or Rules made there under, Regulations or Notifications including
Amendments. If the Employer is caused to pay or reimburse, such Amounts as may be
necessary to cause or observe, or for Non Observance of the Provisions Stipulated in the
Notifications / Bye Laws / Acts / Rules / Regulations including Amendments, if any, on the
part of the Contractor, Employer shall have the Right to deduct any Money due to the
Contractor including his Amount of Security Deposit. The Employer shall also have Right to
recover from the Contractor any Sum required or estimated to be required for making Good
the Loss or Damage suffered by the Employer. The Employees of the Contractor in no case
shall be treated as the Employees of the Employer at any point of time.