This agreement is made on this 30th day of April 2001 between the continental construction, a partnership firm carrying on business at Dandi Allahabad hereinafter described as the contractor which expression shall include the heirs, executors, successors and administrator of the contractor and the governor of Uttar Pradesh which expression includes his successors or assigns.
Whereas the State of Uttar Pradesh sanctioned an additional pumping station for the City of Allahabad and it wanted to erect and install a pump house at a place named Karela Bagh in the City of Allahabad and it caused the drawings and specifications drawn and prepared and a contractor was needed to execute the said project on war footing to provide drinking water to the citizen of Allahabad.
And whereas the contractor after examining the work, its project designs and specifications negotiated with the State Government of Uttar Pradesh represented by the District Magistrate and Collector of Allahabad and the said contractor agreed to undertake the above construction work on terms and conditions agreed upon by the parties hereto.
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ADVERTISEMENTS:
Now the contents of this deed witness the following :—
1. That the State of Uttar Pradesh has awarded the construct for erection and installation of pumping house and its plant and machinery and the contractor has agreed to take up the said work for a consideration of Rs. Ninety lacs.
2. That the contractor shall use best material in construction of the building including foundation of the plant and its pillars on the bank of river Jamuna at Karela Bagh. The contractor shall utilize services of well qualified engineers and workmen for this purpose. The construction and installation work shall be carried on a strictly in accordance with the plan and specification annexed hereto and signed by the parties.
ADVERTISEMENTS:
3. That the plant and machinery shall be purchased by the contractor from any of the manufacturers given in the schedule hereto. The contractor shall ensure the adequacy and quality of the machinery its parts and accessories and attachments and fittings thereto.
4. That the contractor shall bring the plant and machinery at the site after purchase and get it inspected and examined by the Chief Engineer of U.P. Jal Nigam. Such plant and machinery shall be installed only after being approved by the said Chief Engineer. All expenses incurred in connection with the purchase and transportation of the said plant and machinery shall be borne by the contractor. Likewise, expenses incurred by the contractor on salary and wages also shall be borne by the contractor himself.
5. That all tools and implements shall be provided by the contractors who shall also manage for the required power at his own cost for execution of the contract work expeditiously and smoothly.
6. The work of erection and installation as described earlier shall be started within 10 days of signing of this agreement and the contractor shall furnish to the Chief Engineer of Jal Nigam a detailed time schedule for execution of the works contract. Time has been taken as essence of the contract.
ADVERTISEMENTS:
7. That after completion of erection and installation of the pump house, the contractor shall give a notice in writing to the Chief Engineer of the Jal Nigam informing him that the pump house is ready for trial run and the Chief Engineer thereafter appoint are Engineer to supervise the test run of the pump house for a period of three months. During this period an engineer appointed by the contractor shall be available at the pump house for joint inspection and observation of the test run of the said pump house.
8. That if the trial run is found satisfactory by the Chief Engineer of the U.P. Jal Nigam, the contractor shall on his own expenses, run the pump house for a period of three months. After the period of three months, the contractor shall handover delivery of possession of the pump house to the Chief Engineer of U.P Jal Nigam in perfect running condition.
9. That all expenses incurred in the trial run of the pump house including that the labour, power, instruments and apparatus shall be borne by the contractor.
10. That in case during first six months from the date of delivery of possession of the pump house any defect is found in the plant and machinery of the pump house or in installation thereof, the same shall be rectified or replaced by the contractor at his own cost.
11. That the delivery of possession of the pump house has to be made by the contractor within one hundred eighty days of execution of this agreement failing which the contractor shall be liable to damages of Rs. 50,000/- on one hundred eighty first day of execution of the contract and a sum of Rs. 500/- per day thereafter till the date of actual delivery or possession of the pump house.
12. That 90% of the purchase price of the plant and machinery shall be paid to the contractor on bringing the same to the site. Balance amount shall be paid after the possession of the pump house is delivered to the State Government of Uttar Pradesh.
13. That any dispute relating to the contract shall be referred for arbitration and award of the arbitrator shall be final and finding on the parties.
In witness whereof the parties have signed this deed on the date aforementioned at Allahabad.
Signature of witnesses
Signature of parties