A. P. D. S. S. PRELIMINARY SPECIFICATIONS ANDHRA PRADESH DETAILED STANDARD SPECIFICATIONS V. VENKATA NARAYANA, Deputy Executive Engineer (R&B) 07799139399, 9440818440,
[email protected]
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DEPARTMENTAL CODES •
The FOUR Departmental Codes relating to Engineering personnel working in Andhra Pradesh State. I.
The Andhra Pradesh Public Works Department Code.
II.
The Andhra Pradesh Public Works Account Code.
III.
“A” Code.
Called in short as ‐APDSS.
The Andhra Pradesh Standard Scheduled Rates and Standard Data.
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Called in short as
The Andhra Pradesh Detailed Standard Specification.
IV.
Called in short as ”D” code code..
Called in short as SSR and DATA . VV Narayana
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I. The Andhra Pradesh Public Works Department Code. ”D” code deals with – – – – – – – – –
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Establishment and Organization of of Department, Department, Classification of of the the operation of of the the Public Works Department, Administrative approval, Technical Sanction, Preparation of of Projects, Projects, Reports and Estimates, Execution of of Works, Works, Completion Reports, Public Building, Miscellaneous rules regarding office works. VV Narayana
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II. The Andhra Pradesh Public Works Accounts Code.
”A” code deals with
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–
Preparation of of Bills Bills and matters pertaining to the Bill,
–
Procedure of of Scrutiny Scrutiny of of work work bills,
–
Contract Procedures relating to L.S. and K2 Contracts,
–
Agreements of of peace peace works
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III. The Andhra Pradesh Detailed Standard Specification. ”APDDS” APDDS previously known as MDSS‐Madras Detailed Standard
Specification It is an indispensable book to all Engineering Departments.
of the the Government or It evolves to govern all the Engineering Branches of Autonomous bodies. It is the authority which the contractors have to invariably follow. Contract Act , the Constitution and other laws prevail and not APDDS, This code consists of
1) PR PREL ELIM IMIN INAR ARY Y SPECIFICATIONS. 2) ST STAN ANDA DARD RD SPECIFICATIONS. 10/8/2013
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III. The Andhra Pradesh Detailed Standard Specification. PRELIMINARY SPECIFICATIONS‐ 73 N0 :: Embodies the contractual relationship between the Government and the
Contractor. Are non‐statuary and are invalid before Law.
of Contract Contract Act. Are amenable to (inclined to) the provisions of Additions and alterations will be approved by the Government.
SPECIFICATIONS – – 16 Sections:: STANDARD SPECIFICATIONS of works, works, River Conservation and Road Works. Are Technical Specification of Additions and Alterations (which do not involve Legal implications) will be
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ENGINEERING DEPARTMENTS in ANDHRA PRADESH
Government of of Andhra Andhra Pradesh consists of THREE of THREE branches :: I. Public Works Department, II.. Ir II Irri rig gati tion on Department, III. Roads and Building Department Department.. 10/8/2013
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AUTONOMOUS BODIES OF ENGINEERING in ANDHRA PRADESH Government of of Andhra Andhra Pradesh consists of of following following Autonomies Bodies:: 1)
Panchayat Raj Engineering Department,
2)
Municipal Engineering Department,
3)
Water Works and Drainage Board,
4)
Housing Board,
5)
Tirumala‐ Tirupathi Devasthanams,
6)
Roads Transport Corporation,
7)
Electricity Board,
8)
Police Housing Board.
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IMPORTANT NOTE ON GOVERNMENT ORDER A
Government Order issued by the Engi En gine neer erin ing g De Depa part rtme men nt, on an any y pa part rtic icul ular ar matter will apply to other Engineering Departments also, unless a different Government Order is issued on the same matter in respect of other Department.
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A.P.D.S.S SECTIONS ‐ 10 A. B. C. D. E. F. G. H.
Preface No. 1‐10 Statement of of approximate approximate quantities in Schedule A No. 11‐13 Drawings and Specifications No. 14‐19 Materials and Workmanship No. 20‐32 Included in Contract rates No. 33‐43 Res espo pons nsib ibil ilit itie iess and Liabilities of of the the Contractor No. 44‐51 Miscellaneous No. 52‐57 Date of of commencement, commencement, completion, delays, extensions, suspension of of work work and forfeiture No. 58‐61
I.
Particulars of of Payment Payment No. 62‐72
J.
Arbitration and Claims of of Contractors Contractors on Arbitration cases No. 73
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PRINCIPLE of of SUPERMACY SUPERMACY of of SOVEREIGN SOVEREIGN The A.P.D.S.S is a code which had its humble beginnings during the British
period, in the year 1922 A.D. At that time Public Works were at low key. The law did not develop as it is today. The Imperial regime evolved a Code more on the principle of supremacy
of Sovereign at the expense of contractors. Aftter In Ind dep epen ende den nce ce,, th the e Con ontr tra act cto ors have ch chal alle leng nged ed Af
man any y of th the e provisions of the code which are onerous, involving heavy obligations .
The e Co Cour urts ts ha hav ve de decl clar ared ed so some me of th the e Pr Prel elim imin inar ary y Sp Spec ecif ific icat atio ions ns as Th invalid. 10/8/2013
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SPECIFICATIONS & COURT JUDGMENTS The sections frequently raised in the Court of of Law. Law. of time. time. PS 59. Delays and Extension of 60. Delays in commencement or progress or neglect of of work work and PS 60. forfeiture of of earnest earnest money, security deposit and withheld amounts PS 69. Interest on money due to contractor.
of money money from contractor in certain cases. PS 71. Recovery of PS 73. Arbitration.
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SHALL The use of of the the word “shall” in making the provision is Intended to make the provision it self Obligatory (routine as to be expected of of everyone) everyone) not Directory (give authoritative instructions). 10/8/2013
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1. Intent and Reference to A.P.S.S. The Andhr Andhra Pr Prade adesh sh St Stand andar ard d Spe Specif cific icat ation ionss ar are e in inte tende nded d to describe a) The char charact acter er of the mat materi erials als to to be used used:: b) The met method hod of ex execu ecutio tion n of work: work: c) The contr contract actor’ or’ss re resp spons onsibi ibilit lities ies and lia liabil biliti ities es to the Pub Public lic,, Govern Gov ernmen mentt and his wo workm rkmen en and d) General Conditions which are to be accepted by every cont co ntrract actor or wh who o exec ecut ute e th the e wor ork k en entr trus uste ted d to him by th the e PWD of Andhra Pradesh. 10/8/2013
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1. Intent and Reference to A.P.S.S. When ever The term “Standard Specification” or The abbreviation “A.P.S.S.” is used in the Estima Estimate te or Contr Contract act docu document ment it shall refer to the relevan relevantt specificati specification on in A.P.S.S. A.P.S.S. book and its addenda volume. 10/8/2013
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2. Applicability of of A.P.S.S. A.P.S.S. •
When a Standard Specification NUMBER is defined in a tender notice or in the contract schedule –
–
•
•
It is not necessary to include the Standard Specification for any item of work in any contract document . The contractor is to execute the work according to such Standard Specification.
This Preliminary Specification shall apply to all agreements entered into by contractors with P.W.D. It shall form an inseparable condition of of contract. contract.
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3. Contractor to sign in the Divisional (or the Sub‐Divisional) copy of of A.P.S.S. A.P.S.S. •
Every P.W.D. Contractor :: –
–
–
–
–
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Shall carefully study Standard Specifications for all items of of work work included in the schedule of of work. work. Shall carefully study his obligations under the “Preliminary Specification” which apply to all agreements, Shall sign in the Division copy of the A.P.D.S.S. as evidence that he (i)understands the conditions of of contract contract governing his agreement and (ii)accept the conditions. Shall peruse (read) the Divisional office copy to become conversant with sanctioned alterations or additions made to A.P.D.S.S. Shall sign alterations and addendum volume maintained at Divisional office. VV Narayana
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4. Term “Specification” apart from “Standard Specification” When Specification (Standard specification) is used in contract document Meaning :: The specification or plan prepared for the
particular item referred to in the document. Instruction :: It is an instruction of of the the contractor in
executing that ITEM of of work. work.
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5. Sub‐Specifications Works of similar nature are grouped under
one specification number. They have many common clauses in their
specification. The group is called “General”. Sub‐specification are given an alphabetical
“suffix”. 10/8/2013
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6. Additions and alterations to the standard specifications in the A.P.S.S. Additions and alterations to The standard specifications in the A.P.S.S A.P.S.S..
Will be approved by the Chief Engineer (General) in consultation with other Chief Engineers, only in case the additions and alterations do not involve legal implications. implications. Preliminary speciation and Standard forms
Will be approved by Government. 10/8/2013
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7. Powers of of Superintending Superintending Engineers and Executive Engineers to supplement or alter A.P.S.S. ALTERATION:: Superint Superintending ending Engineer Engineer and Executive Executive Engineer may alter alter the Standard
Specification for any particular contract , which is within their powers of sanction. Alteration may be done when such alteration found necessary. Correction sheet
Shall be attached to the contact form.
Shall show the the Sta Standar ndard d Specific Specificati ation on number number and the the correcti corrections ons made made..
Shal alll be signe signed d by Super Superin inte tend ndin ing g En Engi gine neer er or Ex Exec ecut utiv ive e En Engi gine neer er as the Sh case may be together with the signature of the contractor. 10/8/2013
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7. Powers of of Superintending Superintending Engineers and Executive Engineers to supplement or alter A.P.S.S. ADDITIONAL SPECIFICA SPECIFICATION TION :: Su Supe peri rin nten endi ding ng En Engi gine neer er an and d Ex Exec ecut utiv ive e En Engi gine neer er
may made additional specification for items for which there no Standard Specification. Additional Specification sheet Shall be attached to the contact form.
be signed signed by Super Superint intendi ending ng Engineer Engineer or or Ex Executi ecutive ve Engine Engineer er as Shall be the case may be together with the signature of the contractor . 10/8/2013
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8. Definition of of terms terms EXECUTIVE ENGINEER ::
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The Ex The Exec ecut utiv ive e En Engi gine neer er re reffer erss to th the e Ex Exec ecut utiv ive e En Engi gine neer er being in charge of for the concerned work under execution. Or
Dep epar artm tmen enttal as assi sisstan ants ts or su sub bor ordi din nates to whom th the e Executive Engineer have delegated certain duties.
The assistants or subordinates shall act individually within the scope of the particular duty entrusted to him.
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8. Definition of of terms terms EXECUTIVE ENGINEER :: The Executive Engineer, Superintending Engineer
or higher authority should not delegate powers which affect agreement and contract conditions. The duties of of such such assistants or subordinates will
be solely duties of of supervision supervision to ensure compliance with contract conditions.
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8. Definition of of terms terms CONTRACTOR ::
A particular person, firm or corporation with whom an agreement has been made by the Executive Engineer or higher authority for executing work defined in the contract agreement.
It shall include the contractor’s authorized agent, who is maintained on the work by the contractor.
When two more contractors are engaged on construction work in the same vicinity, the Executive Engineer shall be authorized to direct the manner in which each shall conduct the work so far as it effects other contractors.
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9. Evidence of of Experience. Experience. In the event of the contractors’ tender being accepted, They have to present satisfactory evidence
to th the e
Executive Engineer I.
That th Tha the ey ar are e reg egul ular arly ly en eng gag aged ed in co cons nstr truc ucti ting ng su such ch works as they propose to execute now.
II. That they are fully prepared with the necessary capital, machinery and material to begin the work promptly, III. That they can carry the proposed work as per A.P.S.S. 10/8/2013
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10. Legal Address‐ Notices The tenderer should give in their tender, their place of residence and postal
address. The delivering of letter or other communication At the above named place or Posting in post box or Sending by regist registered ered post
Shall be deemed sufficient service in serving the communication to the
contractor in writing. The tenderer can change his address at any time by an instrument executed
by the contractor and delivered to the Executive Engineer. There is no condition in agreement that can prevent the service of any
notice, letter, or other communication upon the contractor personally. 10/8/2013
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11. Quantities approximate and contractor to verify nature and amount of of work work The QUANTITIES mentioned in Tender Notice and given in Agreement
(Schedule A) are worked out from relevant drawings in P.W.D. office. These QUANTITIES may or may not be the actuals required for
execution. The Executive Engineer does not agree that the actual amount of work
to be done will correspond to the work. The Executive Engineer reserves the right to increase or decrease the
quantity of any class or portion of work as he deems necessary. There shall not be any change in the over all scope of work due to the
above mentioned changes. 10/8/2013
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11. Quantities approximate and contractor to verify nature and amount of of work work ende dere rerrs mu must st sa satis tisfy fy th them emse selv lves es th the e ac accu currac acy y an and d su sufffi fici cien ency cy of Ten and d al alll cond condit itio ions ns af afffec ecti ting ng th the e wor ork k (b (by y stateme stat ement nt of quan quantit tities ies an personal examination of the site, the plans, the specification and by other means). After submission of tender, the tenderer shall not dispute or complain
the statement of quantities. tenderer shall not assert assert that there was any misunde misunders rstan tanding ding in The tenderer regard to the nature or amount of work to be done. In consequence of misunderstanding , the tendered shall not apply for
extension of time for completion beyond the agreement date. 10/8/2013
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12. Approximate not to mean deviation from drawings and specifications.
The declaration of the approximate nature of the stat st atemen ementt of qua quanti ntitie tiess in Schedule A does not imply that the quantities will be increased.
The contractor shall not departure from the sanctioned drawings and specifications to suit his own given convenience or reduce his costs.
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13. To compare tenders.
•
The qua uan nti titi ties es in Schedule A are for a uniform comparison of Lump ‐sum tenders.
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14. Purpose
The contract DRAWINGS, if if any, any, read together with
The contract SPECIFICATIONS are intended to To
show and explain the manner of of executing executing the work and
To
indicate type and class of of materials materials to be used.
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15. Conformance ‐‐ (a) The works shall be carried out in accordance with:: The directions and to the reasonable satisfaction of the Executive
Engineer. specifica fications tions which which fo form rm part part of con contr tract act and and The drawings and speci The Further Supplemental drawings, details and instructions and
explanations given time to time by the Executive Engineer (In case of discrepancies).
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15. Conformance ‐‐ (b) In case the contractor Opines that the schedule rate in the contract does not legitimately cover the work comply with FU FURT RTHE HER R DR DRA AWI WING NGS S, detail ilss, directions, instructions, He shall give notice to the Executive Engineer before starting such work. In the event The e Ex Exec ecut utiv ive e Engin Enginee eerr and the the con ontr trac acto torr fail failin ing g to agree agree any any Th excess rate to be fixed on such work The Executive Engineer deciding that the contractor is to carry out the said work, Then the contactor shall carry out that work. 10/8/2013
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15. Conformance ‐‐ (b) Rate for Further Work :: Executive Engineer shall settle the rate at his sole
discretion under specification.
the
cause
of
his
preliminary
If the above clause in not effect Arbitrator shall settle the rate. And the payment will be made to the contractor.
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15. Conformance ‐‐ (c) Contractor responsibility is to give timely notice to the Executive Engineer in case of following discrepancies:: Anything shown on the drawing not mentioned in the specification. Anything mentioned in the specification and not shown in the drawings. Error or discrepancy in drawings or Errorr or discrepancy discrepancy in speci specific ficatio ations. ns. Erro And the contractor shall obtain the Executive Engineers orders on this issue. Figured dimensions are to be taken, Not from scaling the drawings.
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15. Conformance ‐‐ (c) In any discrepancy between Drawings and Specifications
The Specifications shall prevail. The contractor shall immediately apply to the Executive Engineer for further instructions, drawings and specifications In case, any feature of work is not fully described and set forth in drawings and specifications:: The subject is to be dealt with under building procedure of best modern
practice. The executive Engineer will furnish the further instructions, drawings or
specifications. 10/8/2013
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16. Variations by wa way y of of modifications, modifications, omissions or additions additions – – (a) The Executive Engineer will issue Revised plans, Written instructions or Both Revised plans and written instructions. For all modifications, omission from or additions to the
drawings, specifications. Modif ific ica ati tion ons, s, omis issi sion onss or ad add dit itiion onss sh shal alll be ma mad de only when so authorized and directed by the Executive Engineer in writing. 10/8/2013
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16. Variations by wa way y of of modifications, modifications, omissions or additions additions – – (b) The Executive Engineer shall have the Privilege of
ordering. Modifications, Omissions or Additions.
At any time before completion of work. Such ORDERS shall not operate to Declare in valid those portions of the specifications with which
said changes do not conflict. 10/8/2013
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17. Copies of of drawings drawings and specifications •
For the use and reference of of CONTRACTOR CONTRACTOR of DRAWING, DRAWING, The Executive Engineer should furnish a copy of SPECIFICATIONS and SUPPLEMENTARY DETAILS to the contractor at free of cost. The contractor should purchase a copy of A.P.S.S. at his own cost.
•
These copies shall be kept on the work until its completion.
•
The Executive Engineer shall have access to them at all times.
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18. Signed drawings drawings – – no authority to the contractor The contractor should not take signed drawings itself as an order
for variation. He should confirm that the drawing is an authority for variation (for
the contract under reference) only Afte terr th the e dr draw awin ings gs ar are e en ente terred in th the e agr agreem eemen entt sch schedu edule le of Af drawings under the proper attestation of the contractor and the Executive Exec utive Engineer or The drawings are sent to the contractor by the Executive Engineer
through a covering letter . 10/8/2013
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19. Finished sizes WOOD WORK :: Figured ed dimens dimension ion ar are e to be the finished sizes aft after er dress dressing ing or planni planning ng The Figur or cutting, when marked as “NETT”. allowance 1.50 mm will be permitted permitted for planning planning for each planned planned finished finished An allowance of wood‐work, when not marked as “NETT”. This allowance will only be permitted in case of Sections 15mm thick or over.
MASONRY WALLS and REINFORCED CONCRETE :: Finish ished ed dim dimens ension ionss ar are e the Figured Figured dim dimens ension ionss Ex Exclu clusiv sive e of the thicknes thicknesss of Fin plaster or skirting or cement or wall lining (by default). If specifically stated Figured dimensions are total dimensions. 10/8/2013
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20. To be the best quality All Material, Article and Workmanship shall be the BEST of
their respective kinds for the class of work described in the contract specification &schedule. Material shall be obtained from sources approved by the
Executive Engineer. BEST sha shall ll mean, mean, there there is no sup superi erior or qualit quality y of Materi Material al
of Finish or Articles on the market.
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20. To be the best quality Upon request of Executive Engineer, the contractor shall
furnis furn ish h the vou vouch cher erss to pr prove tha that the ma mater eria ials ls ar are such as are specified. The contractor shall furnish the samples of materials at
his expense to the Executive Engineer prior to execution of any work called for for in the tender tender notice notice or When called When ordered by the Executive Engineer.
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21. Convention for proportions Wherever
the proportions are written by figures without further description then the usual conventions will apply.
Example ::
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1:2
means 1 cement and 2 sand
1:2:4
means 1 cement, cement, 2 sand, sand, and 4 aggregate VV Narayana
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22. Measurement and mixing MEASUREMENTS ::
Loose materials (sand, cement, broken stone) shown in proportions must be measured in properly constructed measuring boxes.
Or in such other manner as shall be instructed by the Executive Engineer.
Measurement is not to be done in loose heaps when intimate mixes such as mortar, concrete etc., are to be formed.
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22. Measurement and mixing MIXING ::
Mixing must always be done on closely constructed platforms.
During mixing, no foreign material can be incorporated.
The platforms must be approved by the Executive Engineer.
The contractor shall borne the cost of of Measuring Measuring Boxes and Platforms.
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23. Data The (i) Mat Materi erials als and (ii) Labour
Utilized in the execution of work by the contractor shall not be less than that given in the A.P.P.W.D. standard data for relevant items.
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24. Lay‐out of of material material stacks Beffore start of the work, the contractor shall submit a Be detailed SI the Ex Exec ecut utiv ive e En Engi gine neer er (c (cle lear arly ly SITE TE SU SUR RVE VEY Y to the indi in diccati tin ng pos osit itiion onss and ar area eass wh wher ere e ma matter eria ialls sh shal alll be stacked and shed built). shou ould ld be ap appr prov oved ed by th the e Ex Exec ecut utiv ive e That SI SITE TE SU SUR RVE VEY Y sh Engineer. The contractor shall deposit the materials for the purpose
of the work on the GROUND approved in Site survey. 10/8/2013
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25. Source of of purchase purchase of of materials materials and stores
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During the progress of work, the Executive Engineer sh sha all have power to cause the con ontr trac acttor to purchase and use such materials from Government stores or other sources as specified in the contract.
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26.Contractor liable for materials supplied by the Government The e con ontr trac acttor sh shal alll be res espo pons nsib ible le for al alll ma matter eria ials ls an and d Th other things supplied by Government from the time he takes delivery of them. He shall use them only for the purpose of this contract. He shall make good any loss , damage, wastage or undue
wear and tear tear tha thatt may take take place from whatev whatever er cause. He shall pay to Government for such losses and damages
etc., such sum as the Executive Engineer may determine. 10/8/2013
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27. Test inspection and rejection of defective materials and work work – – (a) The contractor shall provide proper facilities at all time,
for testing of materials and inspection of the work by the Executive Engineer The Executive Engineer shall have access at all times to
the place of storage or manufacture to determine the manufacture is proceeding in accordance with drawings and specifica specifications. tions.
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27. Test inspection and rejection of defective materials and work work – – (b) The
test st ce certi rtifi fica cate tess to the vendors shall supply te contractor, when the Contractor purchases con onsi sign gnme men nt of ce ceme men nt, stee eell an and d ot othe herr ma matter eria ialls in respect of which such certificates are usually available.
When
ever the Executive Engineer demands test certificates for inspection, the contractor shall forward the same to to the Ex Executive ecutive Engineer Engineer..
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27. Test inspection and rejection of defective materials and work work – – (c) The Executive Engineer shall have power to reject at any
stage, any work which he considers to defective in quality of material or workmanship. He shall have power to reject wrought (finished) materials,
even though the same were passed previously in an un worked condition. The Executive Engineer shall give written instructions to
the contractor to take down and remove materials from work site. 10/8/2013
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27. Test inspection and rejection of defective materials and work work – – (c) The contractor shall remove the same within 24 hours of
written instructions of the Executive Engineer. Engineer. Replacement shall at once be made in accordance with the
specifications and drawings, at contractor’s risk. In case the contractor do not Replace the rejected
materials as ordered by the Executive Engineer, the Executive Engineer shall have power to employ and pay other persons to carry out the orders. 10/8/2013
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27. Test inspection and rejection of defective materials and work work – – (c) All expenses in removing the rejected material and
replacing the same shall be borne by the Contractor. The Executive Engineer may allow to remain the work not
done in accordance with the contract. In that case the Executive Engineer shall make such
allowance for the difference in value, as in his opinion may be reasonable.
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27. Test inspection and rejection of of defective defective materials and work work – – (d) Works opened for inspection. The Executive Engineer shall request the contractor to open,
any work covered up, for inspection duly fixing the time. The contractor shall comply with and open the same. In case the contractor refuses to comply with the Executive
Engineer, the Executive Engineer may employ the workmen to do the same. Wh Wheth ether er the expe xpens nses es for op open ening ing shall be born by the
contractor or by the Government depends on the following conditions. 10/8/2013
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27. Test inspection and rejection of of defective defective materials and work work – – (d) Works opened for inspection. In case the work is covered up in violation of the Ex Execu ecutiv tive e
Engineer Engi neerss ins instruc tructions tions.. The contractor shall pay the expenses for opening it for
Executive Engineer inspection and after covering it up. Or the expenses shall be recovered from the contractor
and paid to work men employed.
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27. Test inspection and rejection of of defective defective materials and work work – – (d) Works opened for inspection. In case the work is covered up not in violation of
Executive Ex ecutive Engineer Engineer’’s instructions Also If the work is not as per drawings and specification
or written instructions of the Executive Engineer, The contractor shall pay the expenses for opening it
and covering it up. Or the expenses shall be recovered from the contractor
and paid to work men employed. 10/8/2013
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27. Test inspection and rejection of of defective defective materials and work work – – (d) Works opened for inspection. In case the work is covered up not in violation of
Executive Ex ecutive Engineer Engineer’’s instructions Also
the work is win ngs an and d found as per drawi spec sp ecif ific icat atio ion n or wr writ itte ten n in inst stru ruct ctio ions ns of th the e Ex Exec ecut utiv ive e Engineer,
The Government shall pay the expenses for opening it
and covering it up by adding the sum to contractor bill. Or the expenses expenses shall shall be paid to to work men men employed employed.. 10/8/2013
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27. Test inspection and rejection of of defective defective materials and work work – – (d) Works opened for inspection. In case Foun Foundati dations ons or any any other Urgent Urgent wor works ks The contractor shall open the foundations for immediate inspection
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and issue notice to the Executive Engineer. The Th e Ex Exec ecut utiv ive e En Engi gine neer er sh shal alll in insp spec ectt th the e wo work rk wi with thin in rea easo sona nabl ble e time. In case the Executive Engineer do not inspect the work in th the e reasonable time, the contractor may cover up the work. After covering it , it is not required to open. In case it is required to open, it shall be done at the expense of the Government. VV Narayana
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28. Defects, shrinkage etc., after completion Any defects, shrinkage or other faults which may appear in
SIX Months fr fro om com omp ple leti tio on of wor ork k an and d The Ex Exec ecu uti tiv ve Engineer opines that such defects are due to The faulty materials or workmanship,
work is not in accord accordance ance with dra drawings wings and and specific specification ations, s, or The work The work is not in accordance with the instructions of the Executive
Engineer
The Executive Engineer shall direct the contractor in writing
to amend and make good such defects etc. within a specified time. 10/8/2013
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28. Defects, shrinkage etc., after completion The contractor comply with and shall amend and make good
such defects etc. within a specified time. The expenses for such rectifications at the cost of contr contracto actorr or Shall be done at The Executive Engineer may fix reduced rates and pay the same.
In case the Contractor fails to attend such defects The e Ex Exec ecut utiv ive e En Engi gine neer er ma may y em empl ploy oy other other pe perrso sons ns to am amen end d an and d Th make mak e good such such and and pa pay y to him. him. The payment shall be made at the cost of contractor. 10/8/2013
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28. Defects, shrinkage etc., after completion In the event the Government taking over portion or portions
of work As and when they are completed, They are independent and have no connection with main work,
The Liability of the contractor shall be limited to SIX
MONTHS from the date of taking over of such portion or portions.
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29. Executive Engineer’s decision The decision of the Executive Engineer is final and binding on the
contractor in the matters regarding Materials, Workmanship, Removal of improper work, Interpretation of the contract drawings and contract specifications, Mode of Procedure and Carrying out of the work.
The decision of the Executive Engineer is final and conclusive In any technical question which may arise touching contract. These conditions shall be accepted as inseparable part of contract to Prevent Disputes and Litigations. 10/8/2013
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29. Executive Engineer’s decision betw twee een n th the e Ex Exec ecut utiv ive e En Engi gine neer er an and d In the case of difference be contractor on the matters regarding Materials, Workmanship, Removal of improper work, Interpretation of the contract drawings and contract specifications, Mode of Procedure and Carrying out of the work.
The Contractor shall have the right to appeal to the Superintending Engineer of the Circle and the decision of the Superintending Engineer shall be final and conclusive. 10/8/2013
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30. Dismissal of of Workmen Workmen If the Executive Engineer opines that an employee of the
contractor on the work Is incompetent or Misconduct himself and
orderss to dismiss dismiss fro from m the work, work, The E.E. order The contractor shall dismiss that employee immediately. The contractor shall not reappoint that employee without written
permission of Executive Engineer. The contractor may appeal to the Superintending Engineer of the
Circle against that dismissal. 10/8/2013
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31. Contractor’s maistri or agent and Contractor’s staff The contractor shall constantly keep a competent maistri or agent on
work. tiv ve Engineer or his representativ ive es shall give any The Executi directions or explanations to the agent. The directions and explanations given to agent shall be held to have been given to the contractor. The contractor provide all the staff necessary for Supervision Execution and
Measurem rement ent of work, Measu
To ensure full compliance with the terms of the contract. 10/8/2013
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32. Government maistries or agents Government can appoint an agent, clerk of works, or maistri
to repr represen esentt the Governmen Governmentt on works. works. Th The e ag agen ent, t, clerk clerk of wo work rks, s, or ma mais istr trii is not borne borne on of offi fici cial al list of officers officers and subordi subordinates nates of P.W.D. He acts in the absence of the Executive Engineer. He shall furnish the contractor with the Executive Engineer’s instructions instruc tions as to the progr progress ess and execution execution of works. works. The contractor shall comply with such instructions and directions. 10/8/2013
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32. Government maistries or agents He shall furnish written requisition and stay further progress
of work which which in his judgment judgment,, the construct construction ion is unsound, unsound, materials are improper. Th The e con ontr trac acttor sh shal alll stay th the e wor ork k un unti till th the e op opin inio ion n an and d
determination determin ation of Executive Executive Engineer is obtained. obtained. The agent, clerk of works, or maistri have no power to order
any extra works or deviations from the specifications and drawings. 10/8/2013
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33. Defining Contract Schedule Rates The rate entered in a contract schedule Shall be for finished item of work and Sh Shal alll in incclu lud de al alll CONTINGENT ex expe pens nses es (b (bot oth h di dirrec ectt
exp xpen ense sess on wor ork k or exp xpen ense sess imp mpo ose sed d by out si sid de authority). The Contractor not entitled to claim extra on such
CONTINGENT expenses. 10/8/2013
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34. Carriage Carriage – – (a) Rates for finished item of work shall include cost of Conveyance and all leads, Lifts, Loading, Unloading and Stacking
The stacking shall be done in the manner and at place
order by the officer order officer immediat immediate e char charge ge of the work. In case circumstances necessitate provision for a separate schedule item for above operations, such will be specified in the tender notice or schedule. 10/8/2013
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34. Carriage Carriage – – (a) When materials are supplied by Government, Government , the place of
supply shall be specified in the Descriptive Specification Sheet mentioned in the Tender Notice. In the above case no payment will be made for stacking. In the absence of information in regard to place of supply will not entitle the contact to any extra payment.
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34. Carriage Carriage – – (b) The term “carriage” or “conveyance” shall be taken to include all leads,
lifts, loading, unloading and stacking in uniform stacks . The stacks stacks shal shalll be of close packing packing in the case of materia materials ls which are are to be measured is stacks as a basis of payment for finished item of work. The payment for carriage will ordinarily be by bulk or weight at a mileage rate between specified places. The payment will be on the basis of method adopted in Standard Schedule of Rates for carriage of materials. The distance will be measured by the nearest practicable and cheapest route, whether metaled or unmetaled or cart track.
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34. Carriage Carriage – – (c & d) (c )When carts or vehicles of any sort are engaged one day at a time, the Executive Engineer shall fix The quantity of material to be converted, The distance to be travelled and The number of trips to be made.
(d) Th The e con ontr trac acttor is res esp pon onsi sib ble for com omp pen ensa sati tio on of al alll losses in transporting material caused by Wastage, Breakage, Theft or Any other cause. 10/8/2013
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34. Carriage Carriage – – (e) No payments shall be made for return trip with
carts empty. Where there are loads als lso o for return trip, the agreement rates should allow for the reduced cost thereby on each set of materials so conveyed.
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35. Construction plant Contractor actor The Contr Shall Provide and install all necessary construction plant, Shall use such methods and appliances for performance of
all operations connected with the work. In the opinion of the Executive Engineer and in order to To secure a satisfactory quality or work and rate of progress and time . To ensure the completion of work within the specified time. The Contractor shall include in his tender price for all the above operations on providing and installation of construction plant. 10/8/2013
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35. Construction plant At any time Before the commencement of work or During the progress of work , or any part of it.
IF the Executive Engineer opines that The methods or The appliances .
Appear to be insufficient or in appropriate for securing The quality of work required or The said progress of work
The Executive Engineer may order the contractor To increase their efficiency and To improve their character. 10/8/2013
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35. Construction plant The failure of Executive Engineer to demand such Increase of efficiency and Improvement.
Shall not relieve the contract contractor or from his obligation obligation to secure The quality of work and The rate of progress .
Required by the contract. The contractor alone shall be responsible for the efficiency and safety saf ety of his Plant, Appliances and Methods. 10/8/2013
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[35. Construction plant] If the Department intend to supply any tools and plant to the
contractor contr actor on hire, the details of such Tools and Plant The hire charges leviable and The terms on hiring them
Should invariably be specified Tender Schedules Schedules and In the Tender In the Agreement.
The same should not be varied during the contract period. If, however, the Department is not able to supply any of the tools and pla lan nt in indi diccated in th the e ag agrree eeme men nt, th the e con ontr trac acttor sh shal alll cl clai aim m no compensations but only can claim reasonable “ext extensio ension n of con contra tract ct time” 10/8/2013
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[35. Construction plant] If any other tools and plant, That are available with the department but are Not included in the Agreement,
Are supplied to the contractor during course of the work The hire charges and The Conditions of hire
Prevai Prev aili lin ng in th the e dep epar artm tme ent at th the e ti tim me of ac actu tual al supply shall be applicable. 10/8/2013
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36. Scaffolding instructions Contractor shall provide provide all requisite requisite scaffolding scaffolding at his expense. The Contractor The scaffolding shall be double, i.e., it must have two sets of upright
supports. The contractor shall ensure the safety of work people. musst com ompl ply y wi with th sa saffet ety y in insstr truc ucti tion onss is issu sued ed by th the e Ex Exec ecut utiv ive e He mu Engineer to ensure ensure safe safety ty.. The contractor will be entirely responsible for any damage or injuries to persons or property resulting from ill ‐erected scaff scaffolding, olding, def defective ective ladders ladd ers,, or otherwise arising arising out of his def default ault in this respect. respect.
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37. Temporary instructions The Contractor shall erect and maintain at his own cost Temporary weather‐proof sheds for keeping materials under cover. Temporary fences, guards, bridges and roads for execution of contract
work or for safeguar safeguarding ding or accomadat accomadating ing the public. Sheds for housing work men. men.
The place and manner of erection of weather‐proof
should be approved by the Executive Engineer. If the Executive Engineer shall order any departure from any arrangements made by the contractor, the contractor shall comply with such orders. orders . 10/8/2013
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38. Water and lighting The contractor shall pay fee and provide water and light as
required from Municipal mains or other sources. He shall pay all charges for storage tanks, meters for the use of the works and work men. He may arrange otherwise and inform the Executive Engineer in writing the same. The water shall not be harmful to the work, shall be free from organic matter, and free from salts or other substances likely to interfere with setting of mortar. 10/8/2013
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39. Latrines for work people Prior to the commencement of work, The contractor shall provide and erect sufficient latrines for the use of the the work work people people both the male male and and the female. female.
During progress of works, He shall keep keep that latrines latrines disin disinffecte ected d and clear at all time.
On the completion of work He shall remove that latrines, Disinfe Disin fect ct the grou ground nd and Make good all damages. 10/8/2013
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40. Sun protection, keeping dry and pumping The contractor shall at his own expense arrange all
requisite protection of the work and the material against Sun eff effect ect or Rain Rain eff effect. He shall keep all portions of the work free from water to
the satisfaction of the Executive Engineer. He shall use his own plant for the above purpose, unless
other wise specifically specifications. 10/8/2013
provided
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41. Tools and seigniorage tra actor shall pay import duti tie es, toll llss, octroi, duti tie es, The contr seigniorages, quarry fees, etc., on all materials and articles that he may use. An exemption if specially stated otherwise in the tender notice and
subsequently in the contract. The contractor shall pay sales tax under the provisions of AP General
Sales Tax, as in force for the time being. The rates for various items of work shall remain unaffected by any
change that may be made from time to time in the rates of sales tax. Similarly in case of Custom duties. 10/8/2013
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42. Setting out works The contractor shall be responsible for the
correct setting out of all works. The contractor shall provide at his own cost all
labour, materials and staff required for setting.
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43. Cleaning up during progress and delivery Before the work is finally handed over, the
contractor shall Burn or remove all rubbish material as it accumulates at site, Clean down all floors, stairs, doors, windows, surface and soil
drains, Put in a thoroughly thoroughly complet complete, e, clean, sound sound and workman workman like like
state,
To the satisfaction of the Executive Engineer. 10/8/2013
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43. Cleaning up during progress and delivery The contractor shall give notice to the Executive Engineer
when the work is ready to be handed over. [If th the e wo work rk ha hass be been en sa sati tisf sfac acto tori rily ly compl complet eted ed in terms terms of
the ag the agrree eeme men nt, Th The e Ex Exec ecut utiv ive e En Engi gine neer er shou should ld tak take ov over er the th e work wi with thiin ON ONE E MO MONT NTH H of such notice from the contractor.] Th The e con ontr trac acttor sh shal alll be res espo pons nsib ible le for it itss ma main intten enan ance ce
until it is taken over by the Executive Engineer. 10/8/2013
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44. Observance of of Laws Laws – – Local regulation & notices ‐ Attachments The contractor shall conform to the regulations and by ‐laws of Any y Local Local authori authority ty and An Any Water and Lighting companies
With whose systems the structure is proposed to be connected. contr tractor actor shall confo conform rm any variation variationss from drawings drawings or The con specifications proposed to be necessitated. The e co con ntr trac acttor sh shal alll gi giv ve a wr writ ittten no noti tice ce to th the e Ex Exec ecut utiv ive e Th Engineer specifying the variations proposed to be made and reasons for making them and apply for instructions thereon. 10/8/2013
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44. Observance of of Laws Laws – – Local regulation & notices ‐ Attachments In case the contractor shall not receive such instructions within
SEVEN DAYS, the contractor shall proceed with the work Conforming to the provisions (regulations or by ‐law in question)
Any variations from drawings or specifications so necessitated
shall be dealt with clause 63. The contractor shall give all notices required by the said Acts,
Regulati ulations ons or Reg By‐Laws
And pay al And alll fee eess in con onne nect ctio ion ns th the erewi with th,, unle less ss ot oth her erwi wise se arranged and deciding on in writing with the Executive Engineer. 10/8/2013
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44. Observance of of Laws Laws – – Local regulation & notices ‐ Attachments The contractor shall also ensure that no attachments are made
against materials or work forming part of or for the use of contract. In every case referred to in this clause the connector shall prot pr otect ect and indemnif indemnify y the Govern Governmen mentt ag again ainst st an any y cla claim im or liability liabi lity arising from or based on the viola violation tion of any such Law, Ordinance, Regulations , Order, Decree or Attachment
Whether by the Contactor or by his employees. 10/8/2013
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45. Accidents‐ Hoarding, Lighting, Observations – Observations – Wat atchmen chmen (a) contractor or shall comply comply with any requirem requirement ent of law when The contract Excavation have been made or Obstacles have been put in public through fares or places where there there is any likelih likelihood ood of accidents In places And he sh And shal alll pr prov ovid ide e su suit itab able le ho hoar ardi ding, ng, li ligh ghti ting ng an and d wa watc tch h ma man n as necessary.
10/8/2013
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45. Accidents‐ Hoarding, Lighting, Observations – Observations – Wat atchmen chmen [(b)] contra tractor’ ctor’ss sole responsibili responsibility ty to protect protect the Publi Publicc and It shall be the con his employees employees against against accidents from from any any cause. cause. contra tractor ctor shall shall indemnify (secure) (secure) the Governmen Governmentt against against any The con claims for damages or injury to person or property from any accidents. The contractor shall execute the ‘Indemnity Bond’ for the payment of claims coming under (a) Workmen’s Compensation Act, 1923, (b) Minimum Wages Act, 1948, (c ) Payment of Wages Act. 1936, (d) Contract Labour (Regular and Abolition) Act, 1970 and (e ) All other such Acts in force that may be enacted from time ‐to‐time
during the currency of the agreement. 10/8/2013
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45. Accidents‐ Hoarding, Lighting, Observations – Observations – Wat atchmen chmen (c ) The e co con ntr trac acto torr sh shal alll in inti tima mate te in wr writ itin ing g to th the e con once cern rned ed Se Sect ctio ion n Th occurren rence ce of an ACCIDENT. Officer of P.W.D. within 24 hours on occur Which results in the death of any of employee of contractor, Which is so serious as to be likely to result in the death of any employee of
the contractor contractor.. The contractor’s shall indemnify Government against all loss, damage,
penalties or fines sustained sustained by by the Government Government as a consequence consequence The contractor’s failure to give intimation of accident as detailed above or The Government’s failure to give notice under Workmen’s Compensation
Act or The Government’s failure to conform to the provisions of the said Act in regard to such accident. 10/8/2013
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45. Accidents‐ Hoarding, Lighting, Observations – Observations – Wat atchmen chmen (d) ACCIDENT leadi leading ng payment payment of compensati compensation on under In the event of an ACCIDENT the Workmen’ Workmen’ss Compensation Compensation Act, 1923, 1923, whether By the contractor, By the Government
It shall be lawful for the Engineer to retain out of monies due and payable to the contractor. In the opinion of the Executive Engineer the sum of money so retained shall be sufficient to meet such liability. The opinion of the Executive Engineer shall be final in regard to all matters arising under this clause.
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46. Blasting Blasting operations, when considered necessary, shall be resorted
to only with the written permission of the Executive Engineer. Prior inspection shall be carried out for the safety and stability of public property. The Th e con ontr trac acttor sh shal alll be res espo pons nsiibl ble e for th the e sa saffe cu cusstod ody y an and d proper accounting of the explosive materials. The Executive Engineer shall have access to check the contractor’s store of explosive and his accounts. In case of any accountable shortage or unsatisfactory account, the contractor shall be liable for penal action.
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47. Protection of of adjoining adjoining and existing premises The contractor is to protect The whole of the adjoining and The existing premises, All works and All fitting to all Buildings on and adjoining the site.
Against structural and decorative damage caused by the execution of these works. The contractor shall make good in all respects all such damages done or occu oc curr rrin ing g to th the e ad adjo join inin ing g an and d le lea ave su such ch rei eins nsta tate teme ment nt in pe perf rfec ectt order. The contractor is also to make good any damage done in the execution of the work to existing public or private footwa footways ys or roadwa roadways. ys. 10/8/2013
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48. Permit other workmen workmen – – Co‐operation operation – – Affor Afford d facilities The Executive Engineer shall have full empower to send
wor ork kme men n upon th the e premi mise sess to exec ecu ute fi fittti tin ngs and other works (say operation) not included in the contract. For the ab abo ove operation, th the e con ontr trac acttor is to af afffor ord d every reasonable facility during ordinary working hours. Such operations shall be carried on in such a manner as not to impede the progress of the main work included in the contract. 10/8/2013
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48. Permit other workmen workmen – – Co‐operation operation – – Affor Afford d facilities The
contractor is not responsible for any damage which may happen to or to be occasioned by any such fittings or other works.
Provided The contractor complies with the instructions of the
Executive Engineer in connection therewith The damage is not caused by himself or his workmen. 10/8/2013
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48. Permit other workmen workmen – – Co‐operation operation – – Affor Afford d facilities The contractor shall, to all times Co‐operate, Assist, Attend on and Afford facilities for Such specialist as may be employed by the Executive Engineer or Other works in connection with the building. The contractor shall allow them Free of charge, the use of all plant, light and water
Installed in the works. The contractor shall also cause such special work or protect it as instructed to avoid injury during progress of the works. The contractor must make good any damage caused for failure to protect. 10/8/2013
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49. Holes for water service, gas, electrical and sanitary fittings The contractor shall leave all holes in masonry and floors for insertion of Water ter services, Wa Gas and Electrical connections and Sanitary fittings
In the exact positions indicated by the Executive Engineer during the progress of work. As soon as the fittings have been installed, these holes must be built up at the contractor’s cost in a workman like manner. In case
where installations are made during construction of building, The Executive Engineer opines that settlement in accounts will not thereby occur
The holes must be built up. 10/8/2013
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50. Contractor’s risk and insurance contract actor or shall mai maint ntain ain,, the work execu executed ted by him, at his own The contr cost until the work is taken over by the Executive Engineer. Accordingly the contractor shall arrange his own insurance against fire and other usual risks during such period unless otherwise specified. contra tractor ctor sha hall ll no nott be li liab able le for all or any loss or damage The con occasioned by or arising out of acts of GOD, and in particular Unprecedented flood, Volcanic eruption, Earthquake or other convulsion of nature, Invasion, The act of foreign enemies hostilities Or warlike operations, rebellion
power.. Military or usurped power 10/8/2013
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51. Holidays On SUNDAYS no work shall be done. The
work can be done with the written permission of the Executive Engineer or of The officer in charge of the work
The contractor shall comply with the provisions
of the factory Act, in and so far as the same is applicable. 10/8/2013
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52. Sand and gravel The contractor shall not make any excavation upon the
site for th sit the e pu purp rpos ose e of ob obttai aini ning ng gr gra ave vel, l, sa sand nd or so soil il other than that shown or implied by the drawings. How owe ever wi with th th the e prev evio iou us per erm mis issi sion on of Ex Exec ecut utiive
Engineer, the above materials can be excavated.
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53. Old curiosities All ol old d cur curio iosi sitie ties, s, re reli lics cs,, co coins ins,, mi mine nerral etc. fou ound nd in
excavating or pulling down, shall be the property of the Government. All these should be handed over to the Executive
Engineer. The Executive Engineer’s attention shall be called before
demolition of any ANCIENT MASONRY or OLD WORK.
10/8/2013
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54. Assignments or sub‐letting With tho out the wr writ ittten cons nsen entt of Ex Exec ecu uti tiv ve En Eng gin inee eerr th the e
contractor shall Not assign the contract, Nor sublet any portion of the contract.
Ordinarily no sub‐letting will be permitted. In case the sub‐letting is per erm mitted by the Executive
Engineer, it shall not free the contractor from any of his responsibilities under any clause of Preliminary Specifications or of the “Articles of Agreement.” 10/8/2013
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55. Specialists During the progress of work and in the interests of the
Government, the Ex Exec ecut utiv ive e En Engi gine neer er sh shal alll ha hav ve th the e power to select, nominate or recommend Tradesmen to supply material or Specialists to execute the such portion of work as
he may consider desirable.
10/8/2013
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[56. Ratification of the of the orders of the Executive Engineer] In case the acceptance of tender is beyond the authorized powers
of the Executive Engineer (As laid down in the ‘D’ Code), The orders and The decisions
of such Executive Engineer with regard to Extension of time for the completing the contract The termination of the contract or The Employment of specialists for certain portion of work as per PS.55
Will be subject to the ratification of the Higher Authority who entered into the Agreement. 10/8/2013
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57. Order book of the the work. An ORDER BOOK shall be kept at the PWD office on the site of All orders (as far as possible) regarding the work are to entered in this
BOOK. All ENTRIES shall be signed and dated by the PWD department officer in
direct charge of of the the work and by the contactor. In important cases, the Executive Engineer or the Superintending
Engineer will COUNTER SIGN the entries entries.. The ORDER BOOK shall not be removed from the work.
of the the Executive Engineer the ORDER BOOK With the written permission of can be removed. 10/8/2013
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58. Date of commencement of commencement and completion The contractor shall begin the work forthwith after
receiving the notification of of possession possession of of site. site. He shall regularly and continuously proceed with the
work. He shall complete the work of Agreement”. Agreement”. By the DATE OF COMPLETION as defined in “Articles of Or within the sanctioned EXTENSION OF TIME.
10/8/2013
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58. Date of commencement of commencement and completion The contractor shall never entitled to claim any damages
If he he incurs any expense or If Liabilities to payment under contract
from the Government before the commencement defined above. The contractor shall have the right to withdraw from the contract
and obtain refund of of his his security If the the intimation of of handing handing over of of site site is delayed more than If TWO MONTHS from the date of of acceptance acceptance of of the the agreement by competent authority. 10/8/2013
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59. Delays and extension of time of time No CLAIM for compensation on account of DELAYS OR HINDRANCES
to the work from any cause whatever shall be. Reasonable EXTENSION OF TIME will be allowed by the Executive
Engineer ( or by the officer competent to sanction ) for unavoidable DELAYS from the causes beyond the control of of the the contractor. EXTENSION OF TIME also allowed in case any HINDRANCES caused by
the written instructions of of the the Executive Engineer. The Executive Engineer shall asses the period of DELAY or
HINDRANCE at Twenty five per cent (25%) in excess of of the the actual working period lost. 10/8/2013
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59. Delays and extension of time of time the e ev even entt of th the e Ex Exec ecut utiv ive e En Engi gine neer er fai aili ling ng to is issu sue e ne nece cess ssar ary y In th instructi instru ctions ons and ther there e by causin causing g DELAYS OR HINDRANCES to the contractor , the contractor shall have the right to claim an assessment of such delay by the Superintending Engineer of the Circle. decision of the Superint Superintendin ending g Engineer Engineer is final and binding. binding. The decision The e con ontr trac acttor sh shal alll Lo Lodg dge e in wr writ itin ing g wi with th Exec ecu uti tiv ve Engi gin nee eerr a Th statement of claim for any DELAY or HINDRANCE referred to above within Fourteen Days (14 days) from its commencement. If the contractor do not Lodge, the Extension of Time will not be
allowed. 10/8/2013
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59. Delays and extension of time of time Whenever Authorized alterations or additions are made during the progress
of work, The e Exec ecu uti tiv ve Engi gin nee eerr opi pin nes th tha at in con onse seq quen ence ce of su such ch Th alterations or additions justify extension of time, xte ension will be granted in wr wriiti tin ng by the Executiv ive e Such ext Engin Eng inee eerr or ot oth her com omp pet eten entt au auth thor orit ity y wh when en or ord der erin ing g su such ch alterations or additions.
10/8/2013
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60. Delays in commencement or progress or neglect of work of work and forfeiture of earnest of earnest money, security deposit and withheld amounts‐(a) TIME shall be considered as of the essence of the contract.
If,, at any time the Executive Executive Engineer opines that that the contractor contractor is If
Delaying commencement of work,
Violating any of the provisions of the contract, Delaying the progress of work, as defined by the statement “Rates
of Progress” Progress” in the “Articles “Articles of Agreement” Agreement” The Executive Engineer shall ADVISE th the e con ontr trac acto torr in writ writin ing g an and d demand compliance. 10/8/2013
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60. Delays in commencement or progress or neglect of work of work and forfeiture of earnest of earnest money, security deposit and withheld amounts‐(a) If the contractor neglects to comply with such demand within seven (7)
days after receipt of such notice, IT shall be lawful for the Executive Engineer to determine the contract The determination shall carry with it The forfeiture of the security deposit, The total of the amount with held under clause 68 (Deposits), The value of such work as may have been executed but not paid for, [Any higher authority than the Executive Engineer may, it his discretion,
Waive Or Modify any penalty or forfeiture imposed by the Executive Engineer] 10/8/2013
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60. Delays in commencement or progress or neglect of work of work and forfeiture of earnest of earnest money, security deposit and withheld amounts‐(b) In spite of the failure of the contractor
ompl ply y wi with th th the e de dema mand nd refer errred to in su sub b‐cl clau ause se(a (a)) of th this is To com clause or maintain in the “Rate “Ratess of Pr Prog ogre ress ss”” specif specifie ied d in th the e “Ar “Artic ticle less of To mainta Agreement + Extension of Time that may have been allowed , The Executive Engineer shall permit the contractor to proceed with the WHOLE or PART and continue and complete the WHOLE or SUCH PART of work. Such permission shall not be deemed to be a waiver in any respect by
the Executive Engineer of the right of forfeiture under this clause. 10/8/2013
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60. Delays in commencement or progress or neglect of work of work and forfeiture of earnest of earnest money, security deposit and withheld amounts‐(b)
Provided however that Any such forfeiture under this sub‐clause shall not
exceed 5 per cent of the total of the contract . Any higher authority than the Executive Engineer may, it
his discretion, discretion, Waive Waive Or Modify Modify any penalty penalty or forfeitur forfeiture e imposed by the Executive Engineer under the provision of this clause.
10/8/2013
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60. Delays in commencement or progress or neglect of work of work and forfeiture of earnest of earnest money, security deposit and withheld amounts‐(c) At any time the “Rate of Progress” in the agreement is not maintained,
The Executive Engineer shall have the right to give any part of the work to any other contractor or contractors in order to maintain the “Rate of Progress” Upon the completion of that part of work that is withdrawn.
The Ex The Exec ecut utiv ive e En Engi gine neer er sh shal alll ce expen pendit ditur ure e cert rtif ify y th the e amou amoun nt of ex incu in curr rred ed by th the e De Dep par artm tmen entt for getti tin ng th the e work comp mple letted by another contr contractor actor or contr contractors. actors.
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60. Delays in commencement or progress or neglect of work of work and forfeiture of earnest of earnest money, security deposit and withheld amounts‐(c) Should the amount so certified be less than the amount which would
have been due to the original contractor on completion of that part of work by him The difference shall not be paid to the contractor. Should the amount so certified be more than the amount which would
have been due to the original contractor on completion of that part of work by him The difference shall be recovered from the original contractor by the Government. Such recovery shall not exceed 5% of the total Contract amount. 10/8/2013
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60. Delays in commencement or progress or neglect of work of work and forfeiture of earnest of earnest money, security deposit and withheld amounts‐(c) CLARIFICATION Execution of of balance balance work after determination of of Contract Contract under clause 60(c ) of of P.S. P.S. to A.P.D.S.S Clarification has been made as to the mode of of execution execution of of the the balance work and rate at which it may be let out., The Executive Engineer shall have the right to allot the balance work on
nomination to any other contractor at his discretion in order to maintain the “Rate of Progress”. The Executive Engineer need not invi invite te tend tender er so long as the balance
work executed satisfactorily at the rate in the agreement of the original contractor. 10/8/20 13 VV Narayana 124
60. Delays in commencement or progress or neglect of work of work and forfeiture of earnest of earnest money, security deposit and withheld amounts‐(c) CLARIFICATION If the Executive Engineer is unable to find a contractor to execute the
balance work at the original agreement rates He shall call for tenders at short notice at realistic rates. the e bal alan ance ce work com omp ple letted by ot oth her contr trac acttor or con ontr trac acttors If th involves any extra cost The di The difffer eren ence ce sh shal alll be rec ecei eiv ved fr from om th the e or orig igin inal al co con ntr trac acto torr un unde derr clause 60 ( c). Such recovery shall not exceed 5% of the total finished contract amount. 10/8/2013
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61. Suspension of the of the works by the Contractor The contractor shall suspend the work account of an any y legal restra restraint int not occasioned occasioned by his own willful willful On account act or default, On orders from the Government preventing the continuance of act
or default, orderrs fr from om the Gover Governm nmen entt pr prev even entin ting g th the e co con ntin tinua uanc nce e of On orde the ext the xten enssio ion n of ti tim me has bee een n sa sanc ncti tion oned ed by th the e comp mpe eten entt authority
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61. Suspension of the of the works by the Contractor In case the contractor shall Suspend the work on other than above said accounts, Sublet the work or a portion of thereof without sanction of the
Executive Engineer, Neglect or fail to proceed with due care as laid down in the
schedule rate of progress, The Executive Engineer shall have the power to give notice in writing to the contractor to proceed with in accordance with the terms of contract. 10/8/2013
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61. Suspension of the of the works by the Contractor The notice given by the Executive Engineer Shall not be unreasonable, Shall not be aggressive, Must specify that act or default on part of the contractor upon
which the notice notice is based. based.
After such notice shall have been given The contractor shall not be at the liberty to remove from the site
any an y of his plant plant or materia materials, ls, placed placed there there for the the purpose purpose of work work.
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61. Suspension of the of the works by the Contractor The Government shall have Legal right on such plant and materials from the date of such notice
bei ein ng giv iven en unti till th the e noti tice ce sh shal alll have bee een n com omp pli lie ed wi with th by contractor. Power to post watchmen at the site of the works in order to prevent the removal of any plant or materials. The contractor shall comply with the notice in writing to the satisfaction of the Executive Engineer within fourteen days (14) after the notice have been given to him. In case the contractor shall fail to comply with The Government may enter upon and take possession of the works, the site, the plant and materials. 10/8/2013 VV Narayana 129
61. Suspension of the of the works by the Contractor Alll su such ch pl plan antt an and d ma mate teri rial al ar are e at th the e di disp spos osal al of th the e Go Gov ver ernm nmen entt Al absolutely for the purpose of completing the work . If the Government exercise the above power and take possession of
work, plant and materials They may engage any other person to complete works. They may exclude contractors, his agents from entry upon Power to post watchmen or access to the site. They may allow the contractor or any person nominated by him at alll rea al easo sona nabl ble e ti time mess to in insp spec ect, t, su surv rvey ey an and d me meas asur ure e th the e wor orks ks already executed by the contractor. 10/8/2013
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61. Suspension of the of the works by the Contractor The Government shall take all necessary steps for completing the works
without undue delay or expense Using the above plant and materials taken into possession and Obtaining additional plant and materials as the Executive Engineer decides decid es neces necessary sary For due fulfillment and completion of the work. Upon n co compl mpleti etion on of the work, work, the Execut Executive ive Enginee Engineerr sha shall ll cer certify tify the Upo amount of expense incurred, due to the fault of the contractor In having the work completed by other persons and material erialss only Havi ving ng cr cred edit ited ed th the e co cont ntrrac acto torr wi with th th the e val alue ue of mat Ha utilized in the work. 10/8/2013
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61. Suspension of the of the works by the Contractor Should the amount so certified be less than the amount which would
have been due to the original contractor on completion of that part of work by him The difference shall not be paid to the contractor by the Government. Should the amount so certified be more than the amount which would
have been due to the original contractor on completion of that part of work by him The difference difference shall be paid by the contractor contractor to the Government. Government.
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61. Suspension of the of the works by the Contractor Should the amount so certified be less than the amount which would
have been due to the original contractor on completion of that part of work by him The difference shall not be paid to the contractor by the Government. Should the amount so certified be more than the amount which would
have been due to the original contractor on completion of that part of work by him The difference difference shall be paid by the contractor contractor to the Government. Government.
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61. Suspension of the of the works by the Contractor The Government shall not be liable to make any payment on account of
the use of such such plant plant fo forr the completio completion n of the work. work. Government ent give give notice in writing at any time to the contra contractor ctor to The Governm remove any of his plant or materials from the site and not required for completion of the works. If such plant or materials are not removed within fourteen days (14 days) of notice, The Government may remove and sell the same and Credit the amount to the contractor the money so obtained less the cost of removal and sale, 10/8/2013
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61. Suspension of the of the works by the Contractor ase e th the e Go Gov ver ernm nmen entt sh shal alll exer erci cise se th the e po pow wer con onttai aine ned d in th this is In cas clause 61 and shall complete the work by other persons The e Ex Exec ecut utiv ive e En Engi gine neer er sh shal alll ce cert rtif ify y wh what at am amou ount nt ha had d be been en re reas ason onab ably ly Th earned or reasonably earned reasonably gained gained to the contracto contractorr in respect respect of the work then actually done by him
And such certificate shall be final and binding on the contractor. When the Government shall exercise the power contained in this clause 61 and shall take into possession of work and site The portion of the work done by the contractor shall be maintained by the
Governmen Govern mentt at the risk and expens expense e of contr contract actor or un until til the whole whole of the work is completed by ot oth her agency and the Government take into possession of total work. 10/8/2013
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62. Payment on lump‐sum basis or by final measurement or unit prices‐ (a) PAYMENT :: Paym ymen entt for th the e wor ork k done by th the e contr trac acttor wi willl be made on the basis of Measurements recorded in (i) Measurement Books or (ii) Level field books. MEASUREMENTS :: Supervisor or above rank officer should Record. As Assi sisstan antt En Engi gine neer er or ab abov ove e ran ank k of offi fice cerr sh shou ould ld Ch Chec eck k Measure. 10/8/2013
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62. Payment on lump‐sum basis or by final measurement or unit prices‐ (a) STAGES OF RECORDING OF MEASUREMENTS ::
During progress of the work, After completion or the work or After the work is Determined. MEASUREMENTS AND CHECK MEASUREMENT :: Shou ould ld be do done ne in th the e pr pres esen ence ce of Co Con ntr trac acttor or hi hiss au auth thor oriz ized ed Sh agent and the contractor should accept them. In the absence of Contractor also Measurements and Check measurem measu rements ents can be done done with a written written notice to him. 10/8/2013
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62. Payment on lump‐sum basis or by final measurement or unit prices‐ (b) OVER/WRONG/UNAUTHORIZED PAYMENTS TO THE CONTRACTOR:: •
If any such payments are made to the Contractor due to wrong interpretation of provisions or other wise, those will be deducted.
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In the subsequent Bills of the Contractor, In the Final Bill, From the Security Deposits or Bills under any other contract of the Government.
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62. Payment on lump‐sum basis or by final measurement or unit prices‐ (c) ABSOLUTE RELEASE OF GOVERNMENT FROM ALL CLAIMS::
The accepted condition of of the the contract :: If a If a payment of of final final bill less withheld amount is paid to contractor and The contractor accept the final bill. The Government is released from all further claims by the contractor.. contractor •
•
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63. Payment for additions and deductions for omissions The contractor is bound to execute al alll supplemental
items that are found (i) Essential,
(ii) Incidental and (iii) Inevitable during the execution of work. The rates for the supplemental items are to be worked as
detailed below. 10/8/2013
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63. Payment for additions and deductions for omissions omissions –(a) –(a) For EXISTING ITEMS of of work work in EXCESS OF QUANTITIES SHOWN IN SCHEDULE ‘A’ of of the the tender, The rates payable shall be the least of the following values Tender Rate
of rates rates for item +/‐ Over all tender Standard Schedule of percentage accepted by competent authority.
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63. Payment for additions and deductions for omissions omissions –(b) –(b) For NEW ITEMS directly deducible from SIMILAR ITEMS in the agreement, The rates for NEW ITEM shall be derived as sum of of SIMILAR SIMILAR ITEM Agreement rate of of difference difference in quantity of of material material or labour between +/‐ Cost of the NEW ITEMS and SIMILAR ITEM (worked out with reference to the Schedule of of rates rates adopted in the sanctioned estimate) +/‐ Over all Tender Percentage.
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63. Payment for additions and deductions for omissions omissions –(c) –(c) For NEW ITEMS which do not correspond to any items in the agreement, The rates for NEW ITEM shall be derived as sum of Standard schedule rate . +/‐ Over all Tender Percentage.
__________________________________________________ The “Standard Schedule of of Rates Rates (SSR) used in sub‐clauses (a), (b) and ( c) means the Schedule of of rates rates which the Sanctioned Estimate is prepared. 10/8/2013
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63. Payment for additions and deductions for omissions omissions –(d)(i) –(d)(i) In the event of of the the Contractor and the Executive Engineer FAILING to agree on a rate for such additional work. The Executive Engineer may execute work by Employing other parties to carry out the additional work in the
same manner as provide for under Clause 48. ( As per Clause 48, the Subsisting Contractor should cooperate with employees send by the Executive Engineer)
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63. Payment for additions and deductions for omissions omissions –(d)(ii) –(d)(ii) The Executive Engineer shall give written orders to the contractor to
execute the work. Acco cord rdin ingl gly y, th the e co cont ntrrac acto torr sh shal alll ex exec ecut ute e th the e wo work rk by pr proc ocur urin ing g Ac materials and employing labour. Afte terr com ompl plet etio ion n of th the e wor ork, k, th the e co con ntr trac acto torr sh shal alll pr prod oduc uce e th the e Af vouch vo ucher erss (f (for or the ma mater terial ial and lab labour our employ employed) ed) to the Execut Executiv ive e Engineer within seven (7) days. The Executive Engineer shall pay the contractor the cost of labour
and the material duly allowing 10% on their cost. 10/8/2013
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63. Payment for additions and deductions for omissions omissions –(d)(ii) –(d)(ii) In case the Executive Engineer considers that the payment on the
basiss of vou basi voucher cherss presented presented is unduly high and if EACH ADDITIONAL ADDITIONAL payment is less than Rs 1000 less shal alll ma mak ke pa pay yme men nt in ac acccordan ance ce suc uch h val alu uati tio on as he He sh considers fair and reasonable. The decisions of the Executive Engineer on the matter shall be
final. In case such amount exceeds Rs. 1000, the contractor shall have the
right to submit the matter to arbitration as per Clause 73. 10/8/2013
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63. Payment for additions and deductions for omissions omissions –(e) –(e) In case the Executive Engineer opines that A RATE for the additional item is not capable of being
properly arrived at prior to execution of work or The QUANTITY cannot be arrive with proper measurements. Then the COST and PAYMENT of the items shall be dealt with as per preceding sub ‐clause (d)(ii).
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64. No payment for unsanctioned extras
When variations by wa way y of of extras extras made The Executive Engineer give a written sanction Then only payment to the contractor is made.
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65. Accounts, receipts and vouchers Up on request of of the the Executive Engineer to the
contractor to furnish him all Invoices, Accounts, Receipts and Other vouchers
That he may require in connection with the contract.
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66. Fraud, willful neglect or default The contractor shall not be relieved in any circumstances from
his liability for any Fraud, Willful neglect or Default in execution of of contract, contract, Willful or unauthorized deviations from the drawings,
specifications, instructions and directions, Even though the final or other certificate of of payment payment of completion, acceptance or settlement of of accounts accounts are finished. 10/8/2013
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67. Unfixed materials •
No payments or advance will be made for UNFIXED materials when the rates are for finished item of work. –
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That is, payment will not be made on mere collection and stacking of materials at site.
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68. Payments and certificates The contractor shall prepare a sufficiently detailed bill based on
quantities and rates in the contract (Schedule A) to the satisfaction of the Executive Engineer and apply for certificate to claim the Bill. The Executive Engineer or the S ub‐Divisional Officer shall check
that claim and issue certificates within fourteen days (14 days) of application. No application for a certificate shall be made within fourteen
days (14 days) of a previous application. 10/8/2013
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68. Payments and certificates INTERMED INTE RMEDIA IATE TE PAYMEN YMENT T The Executive Engineer or the sub‐divisional officer shall issue
certificates at reasonably frequent intervals. Within
fou ourt rtee een n da day ys (14 days) of each certificate, an intermediate payment will be made by the Executive Engineer of the sub‐divisional officer a sum equal to 92 of the value of work.
Th The e ba bala lanc nce e7
will be wi will with thhe held ld an and d ret etai aine ned d as a se secu curi rity ty for the due fulfillment of the contractor.
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68. Payments and certificates FINAL PAYMENT The Executive Engineer or the sub‐divisional officer shall
issue certificates on completion of the entire works. The contractor will receive the final payment of all moneys
due to him under or by virtue of contractor except Earnest Money Deposit retained as security and A sum equal to 2 ½ of total value of work done
Provided there Provided there is no rec recov overy ery fr from om or fo forf rfeitur eiture e by the contracto contractorr to be made under clause 60. 10/8/2013
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68. Payments and certificates DEPOSITS The Amount withheld from the final bills is retained under
“Deposits”. This deposit and the earnest money deposit will be paid to the
contractor after a period of six months (6 months) as all defects shall have been made good according to true intent and meaning thereof. In case of works like Conveyance of materials, supply of materials, silt
clearance, the deposit amount could be refunded after the work is completed in accordance with the terms of the Agreement. 10/8/2013
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68. Payments and certificates The certificate of the Executive Engineer or the Sub‐
Divisional officer shall not be considered conclusive evidence as to the sufficiency of Any of work, Materials or Correctness of measurements
To which it relates
.
This certi certific ficate ate sh the e con ontr trac acto torr fr from om hi hiss shal alll no nott rel elie iev ve th
liability to make good defects as provided by the contractor.
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68. Payments and certificates ROUNDING RULES In cal alcu cula lati ting ng th the e amount of each item in the bill for
payment Fractions of below five paisa shall be omitted, Five paisa or over shall be reckoned as ten paisa. In calculating the total on each bill for payment Fractions of less than half rupee shall be disregarded, Half rupee and over shall be reckoned as one rupee. 10/8/2013
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[68. Payments and certificates] MECHANICAL CONTRACTS
This clause clause 68 will will not apply apply to the contr contracts acts fo forr Designing, Manufacture, Supply, Erection, Testing
Where SPECIAL CONDITIONS are incorporated. As per the SPECIAL CONDITION Retention of 10% of the contract value for twelve
months (12 months) and Payment made up to 90% of the contract value on 10/8/2013
erection and testing.
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69. Interest on money due to contractor(a) Any omission by the Executive Engineer or the Sub‐
Divisional Officer to pay the amount due up on certificate shall not impair of void the contract. The contractor shall not be entitled to interest upon Any guarantee fund or payments in arrears Any balance amount found to be due to him (on final
settlement of accounts).
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69. Interest on money due to contractor(b) Whenever the contractor deposits the withheld amount with the
Executive Engineer in the form of interest bearing securities Forthwith the equivalent withheld amount shall be paid to
the contractor. The amount so deposited by the contractor shall be recognized
for the purpose by the AP Public Wor ork ks Acc cco ount Code and subject the provisions contained therein. The contractor is permitted to avail the option in this clause 69 Subject to the condition that the rate of progress contained in
the Articles of Agreement is properly maintained. 10/8/2013
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70. Acceptance of of Final Final measurements Before payment of the final bill shall be made on the contract, the
contractor agrees that he will sign and deliver a valid release and discharge certificate to the Executive Engineer either in Measurem Measu rement ent Book or other other wise as demand demanded. ed. A valid release and discharge from any and all claims and demands whatsoever for all matters arising out of, are connected with the contract. Noth thin ing g in th this is cla claus use e sh shal alll di disc scha harg rge e an and d re rele leas ase e th the e co cont ntrrac acto torr No from his liabilities under the contract.
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70. Acceptance of of Final Final measurements The e con ontr trac acto torr sh shal alll pr prod oduc uce e a ce cert rtif ific icat ate e fr from om th the e in inco come me tax Th authorities that all I.T. payable by him up‐to‐da date te has been been duly duly paid paid in the case of contract whose value is over Rs.10,000. It is further expressly agreed that Executive Engineer in supplying
the fin ina al measurement certif ific ica ate, need not be found by th the e preceding measurements and paymen payments. ts. The final measurements, if any, of the Executive Engineer shall be Final Conclusive and Binding on the contractor. 10/8/2013
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71. Recovery of of money money from contractor in certain case In every case which provision is made for recovery of money
from the contractor . The e Go Gov ver ernm nmen entt sh shal alll be en enti titl tled ed to ret etai ain n or de dedu duct ct th the e Th amountt ther amoun thereof eof fr from om an any y mone money y That may be due or That may become due To the contractor Under these presents or Under any other extract or contracts or Any other account what so ever. 10/8/2013
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72. Contractor dying, becoming insolvent, insane or imprisoned The Executive Engineer may opt to terminate the contract
in the event of The death of the contractor or Insolvency of the contractor or Imprisonment of the contractor or
the e contrac acttor bein ing g a partn tne ership or firm becomes Where th Dissolved or Corporation goes into liquidation (voluntary or otherwise).
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72. Contractor dying, becoming insolvent, insane or imprisoned The Contract may be terminated by writing post posted ed at site of the the works works and Notice in writing Advertising in one issue of the local District Gazette,
The paym yme ent will be made forthwith to th the e person or
persons entitled to receive and give a discharge for the payme pa yment nt suc such h tha thatt . All accepted and acceptance works be measured up and paid for The rates provided in the contract schedule, where such apply, or
Mosst rec ecen entt sc sche hedu dule le of rat ates es of th the e di divi visi sion on ap appr pro oved by th the e Mo 10/8/2013
competent authority.
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73. Arbitration TIME/ STAGES of Arbitration At any of the following stages the Arbitration can be referred. During the progress of works or After completion of the works or After determination of the works or Aft After er Abandonmen Abandonmentt of the works works by contr contracto actorr or After breach of work. 10/8/2013
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73. Arbitration ISSUES of Arbitration As to the interpretation of the contract As to any matter or thing arising there under except As to the matters left to the sole discretion of the
Executive Engineer under clauses 20, 22, 27(c ), 36, 37 and 40 of PS As to the withholding by the Executive Engineer or payment
of any bill to which the contractor may claim to be entitled. 10/8/2013
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73. Arbitration In case of any DISPUTE OR DIFFERENCE (D/D) between the parties
to the contract During ing an any y of the abo above ve st stage agess and (i) Dur (ii) On any of the above issues
Then either party forthwith give to the other notice of such dispute or difference. Such dispute or difference shall be and is hereby referred to the
Arbit Arb itrratio ion n of th the e Su Supe peri rin nten end din ing g En Engi gin nee eerr me men nti tion oned ed in the “Articles of Agreement” – called “Arbitrator”. 10/8/2013
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73. Arbitration Awar ard d of su such ch Ar Arb bit itrrator sh shal alll be fi fin nal an and d bi bind ndin ing g on the The Aw parties unless contested by either party in Court of Law. In cases where the Executive Engineer has entered into the contract on
behalf beha lf of th the e Go Gov ver erno norr, in th the e fi firrst in inst stan ance ce,, th the e di disp sput ute e or di difffer eren ence ce shall be referred by or through the Executive Engineer to the Supe peri rin nten end din ing g En Eng gin inee eerr of th the e Cir ircl cle e and his de deccis isio ion n th ther ere e upon obtained before referring such dispute or difference to arbitration under this clause. Progress of the work shall not be suspended or delayed on account
of the reference of any D/D to the Superintending Engineer or to Arbitration under this clause. 10/8/2013
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73. Arbitration deci cissio ion n of th the e Ex Exec ecut utiv ive e En Engi gin nee eerr or th the e Su Supe peri rin nten endi din ng The de Engine Engi neer er of th the e Ci Cirrcl cle e on su such ch D/ D/D D sh shal alll be co conc nclu lusi siv ve an and d un unti till reversed by the Superintending Engineer or Arbitrator. Arbitrato atorr shall fix a period to to file a statemen statementt of the case. The Arbitr
With thin in th the e ab abov ove e fi fixxed pe peri riod od ei eith ther er Wi
party part y ma may y fi file le bef befor ore e th the e arb ar bit itrrator a statem emen entt of th the e cas ase e an and d al alsso al alll the doc ocu ume men nts relating to or having a bearing on the case.
If reasonably possible, the Arbitrator shall set that the award is
passed within fou ourr mon onth thss (4 mon onth ths) s) from the date of his entering up on the reference. 10/8/2013
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73. Arbitration If he Arbitrator considers an extension of the period of passing
award aw ard is nec necess essary ary Either on his own or on application either party to the reference
The pa The part rtie iess he here re by ag agre ree e an and d co cons nsen entt to su such ch ex exte tens nsio ion n as the arbitrator time to time consider reasonably necessary. The Arbitrator shall forthwith communicate in writing such an extension
to either party. The Arbitrator may pass an award on the documents or
statements of the case filed by both the parties under or on personal inspection. 10/8/2013
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73. Arbitration The Arbitrator shall Not be bound to observe ordinary rules of procedure applicable to
trials before Judicial tribunals here to receiv receive e for formal mal evidence evidence . Not to here The Arbitrator shall have power to view the subject matter of the
dispute with or without the parties or their agents. THE DISCRETION POWER S OF ARBITRATOR and THE PROCEDURE FOR PASSING AN AWARD. The above details are given in last part of of First First Para, in Second Para and in Third Para of of Clause Clause 73. 10/8/2013
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73. Arbitration The
Payment to the contractor based on th the e Arbitr tra ation award shall be made only After acceptance of the award by the Chief Engineer if the
value of the award is less than Rs. 20,000. After acceptance of the award by the Government if the
value of the award is Rs Rs.. 20 20,0 ,000 00 ab abov ove. e.
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73. Arbitration NOTE 1:‐Arbitration awards whose value is below Rs. 20.000: The Chief Engineer is authorised to accept the award. The C.E. shall make a review of the award within 15 days of service of
notice in consultation with the local counsel. counsel. If the Local Counsel opines the award has to be contested, he shall file an
application in the Court within 30 days of service of notice and take steps to contest the award. If the C.E. considers it not advisable to act according to the advice of Local
Counsel, he shall refer the matter to the Government for examination within 15 days of notice. 10/8/2013
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73. Arbitration Arbitration awards whose value is Rs. 20.000 or above: If the C.E. shall make a review of the arbitration and submit a report
within 10 days of the notice. For all appreciation of the case, the Chief Engineer shall furnish to the
Government Summery of the case, Copy of the Agreement for the work, The facts pressed before the arbitrator by both the parties and The recommendations of the Chief Engineer. 10/8/2013
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73. Arbitration Arbitration awards whose value is Rs. 20.000 or above: The Government
shall consult the law departm tme ent and will take a decision whether the award should be accepted or not.
The Government then communicate the decision within 25 days of service
of notice to enable the Chief Engineer Either to take action on the basis of the award Or to file an application in the Court e for filing the award
Within 30 days of service of notice and contesting it.
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73. Arbitration NOTE NO TE 2: (C (COUR OURT T FEE ST STAMPS AMPS)) The Application of contractors seeking arbitration should bear a Court fee
stamp as per Andhra Pradesh Court Fees , but stamp duty need be levied. The Award passed by arbitrator shall be on stamped paper. The value of that Stamped paper shall be according to the value of claim
to which the award relates. If the aggrieved (distressed ) party goes to a Court of Law challenging the
award, he should pay necessary Court fee.
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[73. Arbitration] NOTE NOT E 3: (MODI (MODIFICA FICATION TION by G.O G.O.Ms.No .Ms.No.158 .158 TR&B, dt 13‐7‐92) Except cept as otherw otherwise ise provided provided in the contrac contractt an any y dispute and differen differences ces Ex arising out of or relating to the contract shall be referred to adjudification as follows.
I.
(i) Se Settl tle ements of of al all Claims up to to Rs Rs. 50, 50,00 000 0 in in va value by by way of Arbitration to be referred as follows : (a) Claims upto Rs. 10,000 value. Superint Supe rintendin ending g Engineer Engineer of another Circle Circle in the Dept. (b) Claims Claims Rs. 10,000 10,000 to 50,000 50,000 in value. value. Another Chief Engineer of the same Department.
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[73. Arbitration] NOTE NOT E 3: (MODI (MODIFICA FICATION TION by G.O G.O.Ms.No .Ms.No.158 .158 TR&B, dt 13‐7‐92) The e ar arbi bitr trat atio ion n pr proc ocee eedi ding ngss wi will ll be co cond nduc ucte ted d in ac acco corrda danc nce e wi with th th the e Th provisions of the Arbitration Act, 1940 as amended from time to time. The Arbitrator shall invariably give reasons in the award.
II.. Se II Sett ttle leme ment ntss of of al alll Cl Clai aims ms ab abov ove e Rs. Rs. 50, 50,000 000 in val alue ue :: All these shall be decided by the Civil Court of competent jurisdiction by
way of regular suit and NOT by ARBITRATION . A reference for adjudication under this Clause shall be made by either
party to the contract within six months from the date of intimating the contractor of the preparation of final bill or his having accepted payment. 10/8/2013
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WHY this EXERCISE 1. 2. 3.
Teaching is the best way of of learning. learning. Power point is best tool for teaching. Hence I opted for PPT in order to learn PS to APDSS.
4.
Each Section is presented in a simple form without changing the meaning. Sections are split into number of of statements. statements. Legal words and technical words are not changed. Long sentences are split into small and meaning full sentences without effecting true meaning. Any suggestions are acknowledged. 8‐Oct‐2013
5. 6. 7. 8. 9. 10/8/2013
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REFERENCES 1.
The Andhra Pradesh Public Works Department Code.
2.
The Andhra Pradesh Public Works Account Code.
3.
The Andhra Pradesh Detailed Standard Specification.
4.
The Andhra Pradesh Standard Scheduled Rates and Standard Data.
5.
Internet Explorer.
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