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The Chief Engineer/Civil, M/s. Indian Coffee Worker’s
APTRANSCO, Co- Operative Society Limited,
Vidyut Soudha, 592, Malviya Marg,
Vijayawada. Jabalpur,
Madhya Pradesh : 482002.
Ph No:0761-2310880,2400498,2403912
Fax: 0761- 2403911.
Lr.No.CE/Civil/EE/C/C&M/DEE/C/AEE/C/C&M/SD-I/F./D.No./18,Dt:-10-18.
Sir,
Ref:- 1) Lr.No.Addl.Secy/DS (L, IR, R, E & P)/ AS (M&P)/PO (P)/ /2018, Dt:11.04.2018.
2) PO.No.Addl.Secy/DS (L,IR,R,E&P)/AS (M&P)/PO (P)/09/2018, Dt:23.05.2018.
****
A copy of the L.S.Agreement No./2018-19 of Chief Engineer/Civil/VS/Vijayawada
concluded with you for the work of “Running and Maintenance of Canteen at APTRANSCO,
Vidyut Soudha, Vijayawada for the period of one year” i.e. from the date of commencement of
functioning of canteen for an amount of Rs./-(Rupees only) is herewith enclosed.
CHIEF ENGINEER/CIVIL,
AP TRANSCO, VIDYUT SOUDHA,
VIJAYAWADA.
Copy to:
1. The Pay Officer/APTRANSCO/VS/VJA. Encl: Original Agreement.
2. The Accounts Officer/CPR/APTRANSCO/VS/Vijayawada – He is requested to arrange
payment for the subject work. Encl:- 1 No. Copy of Agreement.
3. The Executive Engineer/Civil/C&M/APTRANSCO/VS/VJA – Copy of Agreement for
necessary action.
4. The Additional Secretary/APTRANSCO/Vidyut Soudha/Vijayawada – Copy of Agreement.
Spare: 1 Copy of Agreement.
TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED
7) If this is Supplemental : --
approximate value of work to be
done under original agreement
8) If tenders have been called for is : The work was awarded to the lowest quoted agency M/s.
the lowest tender accepted? If not Indian Coffee Worker’s Co-Operative Society Limited.
reasons recorded
11) Are the rates in agreement within : Equal to the estimated value.
the estimate of schedule of rates
whichever is less and are the lump
sum provision sufficient or likely
to be exceeded.
CHIEF ENGINEER/CIVIL
APTRANSCO, VIDYUT SOUDHA,
VIJAYAWADA
ARTICLES OF AGREEMENT
Articles of Agreement made on this day of October, Two Thousand Eighteen between
the Chairman and Managing Director/Transmission Corporation of Andhra Pradesh
Limited (herein after called “The C.M.D” which expression shall where the context so admits
include his successors in office and assigns) of the one part and M.s, Indian Coffee Worker’s Co
– Operative Society Limited, 592, Malviya Marg, Jabalpur, Madhya Pradesh – 482002
(herein after called the contractors which expression shall where the context so admits include his
heirs, executors, administrators and legal representatives) of the other part.
Whereas the Transmission Corporation of Andhra Pradesh Limited (here in after called
APTRANSCO) are desirous of executing the work of “Running and Maintenance of Canteen at
APTRANSCO, Vidyut Soudha, Gunadala, Vijayawada for the period of one year” from the date
of commencement of functioning of canteen and have caused an estimate of probable quantities in
Schedule – ‘A’, Schedule – ‘C’ describing the work to be done/ to be prepared. Wheras the
Schedule – ‘B’ comprises the rates of eatables as decided by both the parties.
And whereas the said Schedule - ‘A’, Schedule – ‘B’ and Schedule- ‘C’ have been signed
by or on behalf of the parties hereto.
And whereas the Contractor has agreed to execute upon and subject to the conditions set
forth all the terms and conditions mentioned in PO.No.Addl.Secy/
DS(L,IR,R,E&P)/AS(M&P)/PO(P)/09/2018,Dt:23.05.2018, the specifications forming part of this
contract (herein after referred to as the said conditions) and set forth in Schedule – ‘A’, Schedule
– ‘B’ and Schedule – ‘C’ as the probable quantities for a sum of Rs.(Rupees only) (inclusive of
all provisions as per Schedule – ‘A’ and Schedule – ‘C’.
1. In the consideration of the payment of the said sum of Rs.(Rupees only) (inclusive of all
provisions as per Schedule – ‘A’ and Schedule – ‘C’) or such other sum may be arrived at under
the clause No: of PO.No.Addl.Secy/ DS(L,IR,R,E&P)/ AS(M&P)/ PO(P)/ 09/2018,
Dt:23.05.2018, or by actual measurements at unit prices, the contractor will, upon and subject to
the said conditions, execute and complete the works as described in the specifications and to the
extent of the probable quantities shown in Schedule – ‘A’ and Schedule – ‘C’ with such variations
by way of alterations of, addition to, or deductions from the said work and method of payment
therefore as are provided for in the said conditions.. If the materials supplied by the department,
the issue rate of materials may be recovered duly following the departmental procedures.
2. The term Executive Engineer in the said conditions shall mean the APTRANSCO Officer
in charge of the Division having jurisdiction for the time being over the work, who shall be
competent to exercise all the powers and privileges reserved herein, in favour of APTRANSCO
with the previous sanction of or subject to ratification by the APTRANSCO in case where such
sanction or ratification may be necessary.
3. The contractor shall run and maintain the canteen at APTRANSCO, Vidyut Soudha,
Gunadala, Vijayawada for a period of one year from the date of commencement of functioning of
this canteen including deployment of man power, materials, machinery, tools and plants etc.,
unless otherwise exclusively provided by APTRANSCO for serving Vidyut Soudha Employees,
Guests & VIPs etc.
4. The Contractor shall maintain proper layout of furniture and fixtures of canteen and
kitchen, maintain good hygienic look and upkeep of the canteen, maintain an account of all the
furniture, utensils and fixtures provided in the canteen and account for their replacement, issue and
receipt of the same.
5. The said conditions shall be read and construed as forming part of the agreement and the
parties hereto will respectively abide by and submit themselves to the conditions and stipulations
and perform the agreement on their parts respectively.
6. In witness where of the contractor M/s. ICWCS Ltd., Jabalpur has hereunto set his hand
and Sri M.B.SRINIVAS, Chief Engineer/Civil/APTRANSCO/Vidyut Soudha/Vijayawada, acting
on behalf of and by the order and direction of the Chairman & Managing Director, APTRANSCO
has hereunto set his hand the day and year first written above.
7.
(iii) The GST on food items shall be charged from the customers, applicable as per the GST
Act from time to time.
(iv) The canteen service shall be self-service system. However, used plates etc., shall be
removed by the cleaners of M/s.ICWCS Ltd., Jabalpur.
(vi) APTRANSCO shall arrange the Gas connection for the Canteen and shall reimburse
Gas refilling charges to M/s. ICWCS Ltd., Jabalpur, every month on actual
consumption for the purpose of canteen.
(vii) APTRANSCO shall reimburse the purchasing cost of consumables, cleaning materials
required for cleaning of crockery, utensils and canteen etc., on actuals every month.
(viii) APTRANSCO shall house the canteen in APPCC building without charging any rent,
Electricity and water charges.
(ix) APTRANSCO shall reimburse GST on salaries & other expenses and other
components being reimbursed by the APTRANSCO every month to M/s.ICWCS Ltd.,
Jabalpur, on submission of documentary evidence to the satisfaction of the
Chief Engineer/Civil after depositing the same to the department, as per the Act &
Rules of Govt. from time to time.
The GST on food items served by M/s.ICWCS Ltd., Jabalpur, shall charge the same
directly from the customers as per the Act & Govt. Rules variable from time to time.
The GST on food items to be served in the official meetings and other parties being
arranged by APTRANSCO, GST shall be included in the bills.
(x) “No security deposit/Earnest Money etc., shall be deposited by M/s. ICWCS Ltd.,
Jabalpur or not recovered from the monthly bills.”
(xi) The period of contract shall be valid for one year from the date of commencement of
functioning of this canteen. After one year, the contract shall be extended on mutual
consent of APTRANSCO and M/s. ICWCS.
PERIOD OF CONTRACT:
The contract period is for 12 months from the date of commencement of functioning
of canteen and to the satisfaction of APTRANSCO.
RATES of Eatables:
The rates/menu of eatables to be supplied in the canteen is shown in Annexure-II.
These rates will be revised after one year, on mutual consent of APTRANSCO and
M/s.ICWCS.
The rates quoted shall be firm till the end of the contract period and shall not be subject
to any adjustments whatsoever during the currency of the entire contract.
The contractor shall charge rates of the items supplied as approved by APTRANSCO
and if it is found that the contractor is charging higher than the approved rates, then
APTRANSCO has liberty to terminate the contract without any inquiry. All the said
approved rates shall be displayed in Telugu, Hindi & English on the notice Board of
the said premises.
CLEANLINESS:
a) The contractor shall be responsible for cleanliness of the canteen area which
includes Dining Hall, Kitchen etc
b) The cleaning service should include sweeping, mopping the dining hall with
disinfectant, washing and ruffing of floors like kitchen with disinfectants.
c) Furniture, Fittings and Fixtures in the designated area shall be dusted and wiped
regularly.
d) All the solid waste from the plates, bowls, dishes shall be first removed and thrown
into the dustbins and then cleaned. Daily cleaning of wash basins, Mirrors, Walls,
Window panes, Buckets, Mugs, Tumblers, Jugs with detergent like Vim, Wheel,
Phenyl & Acid etc., will have to be done and also as per the directions given from
time to time by APTRANSCO. The contractor is subject to a penalty of Rs. per
month in case it is found that the solid waste is not removed from the utensils
and thrown into the dustbins prior to cleaning of vessels.
e) The contractor shall at its expense maintain absolute hygiene inside and around the
designated premises of the canteen at all times.
f) The contractor shall ensure that the utensils being used are hygienically washed and
cleaned at all times.
a) M/s.ICWCS shall serve the required quantities of breakfast, lunch, dinner, tea
and snacks on all days and as decided from time to time by APTRANSCO.
b) Tea, coffee and snacks shall be carried in insulated jars/tea urns and shall be
served in glass tumblers/cups and plates to Vidyut Soudha employees as per
requirement as directed by APTRANSCO.
DEPLOYMENT OF MANPOWER:
APTRANSCO reserves the right to assess the actual requirement of staff required
to be employed by M/s. ICWCS and it shall be the responsibility of M/s. ICWCS
to engage such number of staff as may be advised by APTRANSCO. In case of
failure on the part of M/s.ICWCS to employ the required number of staff,
APTRANSCO may, after warning, impose penalty on the contractor as deemed
fit. APTRANSCO shall be at liberty not to allow entry into its premises to any of
the employees of contractor whose activities appear to be prejudicial to the safety,
or other interest of APTRANSCO. M/s. ICWCS shall ensure that the employees
are free from contagious diseases. The contractor shall also ensure that its personnel
maintain visible personal hygiene at all times. The contractor shall also ensure that
its personnel are well dressed in proper uniform, wear gloves during serving, well
trained, well behaved and courteous in dealing with the staff, officers and visitors
of APTRANSCO. APTRANSCO shall impose penalty of Rs. if proper uniform
with gloves are not maintained by the personnel of the contractor.
a) The contractor will be responsible to maintain the premises in neat and clean
condition and shall keep the items i.e., furniture, fixtures, utensils etc., supplied
by APTRANSCO in his safe custody and in the event of theft, breakage, he
shall be responsible to replace the items at his own expenses or make good the
loss to the management of APTRANSCO.
b) The contractor shall use the property i.e., utensils, furniture, fittings, fixtures
etc., for the canteen purpose only and shall have no right on any of these and
shall place them back at the disposal of APTRANSCO management when
demanded, failing which APTRANSCO shall have every right to terminate the
license forthwith. The contractor will have to maintain permanent records of
vessels, utensils, appliances, furniture, fittings etc., supplied to him by
APTRANSCO. At the end of each month and also at the end of the contract
period, he will prepare the list of all the items held by him and show them
separately as in ‘Good Condition’, ‘Repairable’, Irreparable’ and ‘Missing’ etc.,
and make them available for the purpose of joint inspection by the
representatives of APTRANSCO and the contractor. Cost of missing or
damaged items may be recovered from the contractor from time to time from
the pending bills or other dues.
c) All the contract labour regulations are to be strictly adhered to as per the
relevant acts along with all other statutory requirements. The contractor is
responsible for obtaining licenses under the Laws applicable to them, including
EPF code numbers and necessary registration with Labour Department. The
contractor shall be further responsible for ensuring compliance with the
provisions of the laws governing the functioning of such contractor. Any reports
of law enforcing agency of disobedience/ failure to comply with the provisions
of the relevant act/ rules/ orders there under, shall entitle the assignor or any of
his authorized agent, to terminate the agreement without any further notice
thereof.
d) All the contractors may be directed to open a No- Lien Current Account in
respect of all such works outsourced and assigned/awarded to the contractors/
private agencies at headquarters as well as field units of APTRANSCO with
any National Bank earmarked for the purpose of payment of statutory dues i.e.
EPF, ESI and GST. APTRANSCO shall pay the statutory dues of EPF, ESI and
GST through separate cheque duly mentioning the No – Lien Current Account
number along with the name of the contractor. The contractor may shall follow
the terms and conditions for running and maintenance of the canteen.
e) The agency shall not close his business or otherwise suspend the same without
permission of the Management. The contractor shall not sublet/off load/entrust
whole or any part thereof to any other person/party to carry out his obligations
arising out of this contract.
f) The contractor shall not at any time cause or permit any nuisance in the said
premises or do anything which shall cause any unnecessary disturbance to the
employees.
h) The contractor shall maintain a complaint register and suggestion book which
shall be made available to the employees on demand and shall allow for
inspection of the same at any time by the authorized representatives of the
APTRANSCO. If the complaint is found genuine, APTRANSCO shall have the
liberty to fine up to Rs.500/- per incident or take any other appropriate
action as deemed fit by the Management.
j) The contractor shall use only good quality raw materials for preparation of food
items, like refined oil of reputed brand, Tea, Filter Coffee, Milk, Rice and all
other ingredients.
k) The contractor shall provide hygienic and good quality food items and render
smooth and efficient service.
l) The contractor shall be responsible for fulfilling the requirement of all statutory
provisions of the payments of wages Act. 1936, Minimum Wages Act, 1948,
Workmen’s Compensation Act 1923, Industrial Disputes Act 1947, Employers
Liability Act 1938, Payment of Wages Act 1936, Payment of Gratuity Act 1972,
Payment of Bonus Act 1965, EPF & MP Act 1952, Employee State Insurance
Act 1948, Maternity Benefit Act 1961, Contract Labour Regulation & Abolition
Act 1970 etc, and all other Legislations/Rules pertaining to engagement of
labourers. You shall indemnify and keep indemnified the principal employer
against any loss, expenses etc. incurred by him due to non-observance of labour
Laws, Regulations, Notifications etc., and their amendments from time to time.
You shall abide by the Contract Labour (R&A) Act, 1970 and rules made there
under from time to time for checking/inspection by APTRANSCO.
p) The contractor shall perform any other miscellaneous/new services which are
not covered in the scope of work that may be necessary in connection with
running and maintenance of canteen. The rate for such miscellaneous/new
services if any, shall be finalized through mutual discussions either before or
after the item is executed, depending on the nature of services.
q) The contractor shall not sublet or assign the agreement or any functions under
the agreement or the benefits or any part thereof to any person or firm without
the written consent of APTRANSCO and shall in any event be themselves
responsible for the fulfillment of all the obligations under the agreement even
in the case of subletting or assignment is permitted.
s) APTRANSCO shall have unilateral right to inspect at any time the quality of
food items being served and testing of the same can be orders by the
APTRANSCO at reputed lab/institution at the cost of the contractor.
M/s ICWCS shall ensure proper safety of all the workmen, materials, plant &
equipments belonging to you or to APTRANSCO. You shall follow all safety
norms/rules & regulations to ensure proper safety.
If you are not able to meet any of the commitments as per the terms & conditions
of this order APTRANSCO will be free to terminate the contract after allowing a
grace period of seven days and get the balance job carried out by another agency at
contractor’s risk and cost.
The laws applicable to this contract shall be governed by the laws and rules as
amended from time to time in force in India. The courts of Vijayawada alone have
exclusive jurisdiction in all matters arising under the contract.
The contract shall be subject to the provisions of the Arbitration & Conciliation Act
1996. It is specifically agreed that all disputes and differences what so ever arising
out of this contract between the parties whether during the progress of the work or
after completion shall be settled by process of settlement and arbitration. The
provisions of the arbitration and conciliation act 1996 or any statutory modification
or re-enactment thereof and the rules made there under and for the time being in
force shall apply to the arbitration proceedings, the arbitrator shall give reasoned
and speaking award. Any disputes or differences arising out of the order shall be
decided by the courts or tribunals situated in Vijayawada only.
TERMS OF PAYMENT:
MODE OF PAYMENT:
Payment for the work done will be made by NEFT service on any scheduled bank
at Vijayawada.
Address:
M/s. Indian Coffee Worker’s Co-Operative
Society Limited,
592, Malviya Marg,
Jabalpur,
Madhya Pradesh – 482002.
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