APPENDIX

FORM OF AGREEMENT

Preliminary Agreement entered into this……......day of .......................... 20.......Between

the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. for and on behalf of the Governor of Kerala
(hereinafter called the Government) of the One Part and Sri. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
............................... ............ .................................
.............................................................................
(H.E. full name and address of the contractor) (hereinafter called the contractor) of the Other
Part for the execution of the agreement as well as for the execution of the work.

WHEREAS the Government invited tenders for the work . . . . . . . . . . .. . . . . . . . . . . . . .

.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (H.E. full name of the work by
notification No…........……………… Dated ……..…... in the……………............................

AND WHEREAS PARA-13 OF THE NOTICE INVITING TENDERS STATED AS

FOLLOWS.
Before commencing work of within a week after the date when the acceptance of the
tender has been intimated to him the tenderer shall deposit a sum sufficient to mate to the
balance of 5 percent of the probable value of contract which together with the amount of
earnest money deposited shall be treated as security for the proper fulfillment of the same and
shall execute an agreement for the work in the PW Schedule Form. If the faults to do this or in
the case of PW contracts maintain a specified rate of progress (to be specified in each case in
the tender schedule) earnest money and security deposit shall be forfeited to Govt. and fresh
tenders shall be called for or the matter otherwise disposed off. If as a result of such measures
due to the default of the tenderer to pay the requisite deposit, sign contracts or take possession
of the work any loss to Govt. results the same will be recovered from him as arrears of revenue,
but should it to be a saving to Govt. the original contactor shall have to claim whenever to the
difference. Recoveries on this or any other account will be made from the sum that may be due
to the contractor on this or any other subsisting contracts of under the Revenue Recovery Act or
otherwise the Government may decide.
NOW THEREFORE PRESENTING WITNESS AND IT IS MUTULLAY AGREED AS
FOLLOWS.
1. The terms and conditions for the said contracts having been stipulated in the said tender
from to which the contractor has agreed, a copy of which is here to appended which from part
of this agreement, it is agreed that the terms and conditions stipulated therein shall bind the
parties to this agreement except to the extend to which they are abrogated or altered by express
terms and conditions herein agreed to and in which respect the express provisions herein a shall
superide those of the said tenders form.
2. The contractor hereby agrees and undertake to perform and fulfill all the operations and
obligations connected with execution of the said contract work viz . . . . . . . . . . . . . . . . . . . . . .
.............................................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (H.E. The name of the work) if awarded
in favour of the contractor.
3. If the contractor does not come forwarded to execute the original agreement after the
said work is awarded and selection notice issued in his favour of commits breach of any of the
conditions of the contract as stipulated in Clause-13 of the notice inviting tenders as quoted
above within the period stipulated them, the Govt. may re-arrange the work otherwise or got it
done departmentally at the risk and cost of the contractor and the loss so sustained by the Govt.
can be realized from the contractor under the Revenue Recovery Act as if arrears of land
revenue as assessed, quantified and fixed by an adjudicating authority consisting of the
Secretary (Public Works), Chief Engineer (Arbitration) and Chief Engineer (Administration) or
any other officer of officers authorized by Govt. In this behalf taking into consideration of the
prevailing Public Works Departments rates and after giving the notice to the contractor. The
decisions taken by such authority, Officer or Officers shall be final conclusive and shall binding
on the contractor..
4. The contractor further agree that any amount found due to the Government under or by
virtue of this agreement shall be recoverable from the contractor from his E.M.D. and his
properties movable and immovable as arrears of land revenue under the provisions of the
Revenue Recovery Act for the time being in force or in any other manner as the Government
may deem fit in this regard.
5. The contractor further assures that it is clearly understood that the settlement of claims
either by part bills of by final bills will be made only according to the availability of budget
provision and allotment of funds made with the Divisional Officer in-charged of the work
under the respective had of account in which the work is sanctioned and arranged and also
subject to the seniority of such bills. No claims for interest or for damages whatsoever shall be
made for the belated settlement of claims of bill.

IN WITNESS WHEREOF Shi/Smt. ..…………… . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(H.E. the name of the Officer of the Department for and on behalf of the Governor) and
Shri.................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .……... . . . . . . . . . . .…………….......................................................................
the contractor have set their hands on the day and year first above written.
In the presence of witnesses :-
1.

2.

Signed and delivered by Shri. ……..….…………......………………….…. . . . . . .(Contractor)

In the presence of witnesses:-
1.

2.