THANJAVUR SMART CITY LIMITED

TENDER DOCUMENT for

Development of Land, Approach Road, Internal paver block Road,

Solar street lights, Security room and Toilet facilities for
proposed 3 MWp solar power plant at Sirajudeen Nagar Sewage
Water Treatment Plant (Package - II) Under Thanjavur Smart
City Limited.

VOLUME - II

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 GENERAL SPECIFICATION FOR MATERIAL

All material required for the works shall be procured and supplied by the contractor
himself. The material shall be of good quality and conforming to relevant BIS. The materials
which are classified for ISI marking should be supplied with ISI marking only.

1. Cement

1.1 The entire quantity of cement and steel required for the work will be procured by the
contractor. The contractor is responsible for all transport and storage of the material
and shall bear all related cost. The employer shall be entitled at any reasonable time
to examine the cement and steel supplied by the contractor.

1.2 The cement procured by the contractor shall comply with the requirements of IS
269/1976 with the latest revision thereof for ordinary Portland cement and IS
3112/1989 with the latest revision thereof for 43 grade ordinary Portland cement. It
shall be of the best normal setting quality unless especially rapid hardening or quick
setting quality if expressly instructed by the Engineer to be supplied. Each bag shall
bear ISI certification mark and as per specification no.10. of TNBP volume I.

1.3 The steel bars shall comply with the requirements set for in the IS 432 part I, IS 1139,
IS 1786 as the case may be with the latest revision thereof and the test as described
for ultimate tensile strength bond test and elongation test.

All reinforcing steel shall be clean and free from oil, grease, loose scales or rust or
other coatings of any character which would reduce or destroy the bend. Each bundle
containing the bars shall bear the ISI certification mark.

1.4 All cement / steel shall be tested in nearby laboratories of Government Polytechnic, or
Government engineering college or Regional Testing Laboratory by the Employer. Two
samples should be taken by the Engineer in charge in the presence of the contractor or
his authorized representatives or the technical personnel employed by the contractor as
in the agreement. The contractor shall without extra cost provide samples and
cooperate in the testing of the cement/steel. One sample shall be got tested and the
other sample shall be retained by making clear identification in the sample by the
Engineer in charge so as to identify at a later date. The cost of such test shall be
borne by the contractor.

1.5 All cement shall be procured in bags and shall be stored in a dry place for which the
contractor shall be responsible. Consignment of bagged cement shall be properly
stacked in a manner which will permit easy access for inspection and definite
identification. Cement shall be used in approximately in the chronological order in
which it is received, but cement that has been stored for a period longer than 4 months
from the date of initial sampling shall not be used unless it has been retested at the
expenses of the contractor and passed by the Engineer in charge as good quality on
the retest. Cement aged more than 180 days from the date of initial sampling shall be
rejected.

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1.6 Cement which has become caked or perished shall on non-account be used on the
works and shall be rejected. Although the engineer may have passed any
consignment, he shall however have the power at the subsequent time to reject such
consignment if he finds that any deterioration in the quality thereon has taken place.

1.7 A record of the quantity of cement/steel procured with the name of dealer till number
and date shall be maintained by the contractor. This should be produced for
examination by the Engineer in charge at any time. The age of the cement shall be
reckoned from the date of manufacture and it shall be verified by the Engineer in
charge.

1.8 The rejected consignment of cement and steel should be removed from the site within
two days.

The water used in making and curing of concrete, mortar and grout shall be free from
objectionable quantities of silt, organic matter, injurious amounts of oils, acids, salts,
and other impurities etc., as per I.S. specification No.456-1978.

The Engineer-in-Charge will determine whether or not such quantities of impurities are
objectionable.

Such determination will usually be made by comparison of compressive strength, water

requirement, time of set and other properties of concrete made with distilled or very
clean water and concrete made with the water proposed for use. Permissible limits for
solids when tested in accordance with I.S. 3025-1964 shall be as tabulated below.

Permissible limit for Solids:

Maximum permissible limit

1. Organic 200 mg / litre
2. Inorganic 3000 mg / litre
3. Sulphates (as SO4) 500 mg / litre
4. Chlorides (as CL) 2000 mg / litre for plain concrete work and
1000 mg / litre for R.C.C. work
5. Suspended matter 2000 mg / litre
If any water to be used in concrete, mortar or grout is suspected by the Engineer-in-
Charge of exceeding the permissible limits of solids, samples of water will be obtained and
tested by the Engineer-in-Charge in accordance with I.S. 3025-1964.

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Aggregates

2.1 Sand shall generally conform to the grading of sand given in clause 4 of I.S.2116-1189
as detailed below in Table 4(b).

Table 4(b): Grading of Sand for use in Masonry Mortars:

I.S. Sieve Designation Percentage passing by Mass

4.75 mm 100
2.36 mm 90 to 100
1.18 mm 70 to 100
600 Micron 40 to 100
300 Micron 5 to 70
150 Micron 0 to 15

2.2 A sand whose grading falls out-side the specified limits due to excess or deficiency of
coarse or fine particles may be processed to comply with the standard by screening
through a suitably sized sieve and/or blending with required quantities of suitable size
and particles.

2.3 The cost of sand for masonry will not be measured and paid separately and the cost of
sand including the cost of stripping, transporting and storing and royalty charges shall
be included in the unit price per cubic meter bid therefore in the relevant item of work
in the bill of quantities for which this and is required.

2.4 The maximum quantities of deleterious material in the aggregates, as determined in

accordance with IS 2386 (part II)/1963 shall not exceed the limits given in table I of IS
383. Unless otherwise specified all coarse aggregate in RCC shall be graded aggregate
of 20mm nominal size. All aggregates shall be stored in hard impervious surface to
ensure exclusion of all foreign material and as per IS 4082/1977 and specification no.5
of TNBP volume I.

2.5 Aggregates having a specific gravity below 2.6 (saturated surface dry basis) shall not
be used without the special permission of the Engineer.

2. Admixtures

Only where a beneficial effect is produced shall any admixture be used and that too after
test has been carried out to convince the Engineer that no harmful effect will be produced
by the use of such admixture and after approval by the Engineer. The admixture shall
conform to IS 9103/1972.

3. Form work and centering

Steel/wooden form centering shall be used. If wooden form work is used, it shall consist
of planks not less than 40mm thick and strong props. This shall be provided complying

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 with clause 10 of IS 456/2000 and specification no.30.8 of TNBP. The timber for form
works shall be best hard wood and got approved by the Engineer in charge. This shall be
deemed to be included in the items of contract even otherwise specified.

4. Separator (cover block)

For bottom cover of beams, slabs etc., separators of pre-cast cement mortar blocks of
suitable size with wire embedment as directed shall be used and tied to the reinforcement.
Between layers of reinforcements, separators consisting of pieces of bars of suitable
diameters shall be used. The required cover shall be provided as per clause 24-4 of IS
456/2000.

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 CIVIL WORKS

1. General :

1.1 Tamilnadu Building Practice (TNBP) shall be strictly followed for carrying out different
items of work for which no standard specifications are available, and no alternate
specification have been given under the description of works.

1.2 Where any provision of the TNBP is repugnant ot or at variance with any provision
under BIS or description of work, technical specifications and conditions of contract, the
provisions of the latter shall be deemed to supercede the provision of the TNBP.

2. Earthwork:

2.1 Specification

Tamil Nadu Detailed Building Practice (specification no.23 to the extent applicable) shall
be followed for earthwork excavation.

2.2 Conveyance:

The excavated earth, blasted rubble etc., shall be conveyed and deposited in suitable
places as directed by Engineer in charge within 150m of plant site on one side of the
trench only.

2.3 Disposal of surplus earth:

The excavated soil which is surplus to that required for refilling and after allowing for
settlement will have to be removed, spread and sectioned at places shown on the site
during execution for purpose of widening or leveling the road. Sectioning is to be done
as detailed in TNBP. The cost of removal of surplus earth after
spreading/leveling/sectioning at site approved by the Engineer in charge to the disposal
site will be measured under the relevant item of work in BOQ.

2.4 Shoring, Strutting and Bailing out water

The rate for excavation of trench work shall include charges of bailing out water
wherever necessary and no extra payment will be made for any of these contingent
works. While bailing out water, care should be taken to see that the bailed out water is
properly channelized to flow away without stagnation or inundating the adjoining road
surfaces and properties.

For shoring and strutting, the rate for excavation for the first 2m depth from GL shall
include. Shoring and strutting beyond 2m depth from GL, payment will be made as per
respective item in BOQ.

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3. Concrete:

3.1 Specification

Concrete for use in the works shall generally comply with TNBP (specification no.30)
and the relevant BIS. The concrete mix shall be in specified proportions satisfying the
maximum aggregate size, water cement ratio and required cube strength and
workability as per IS 456-2000. Such concrete must be adequately vibrated to form
solid mass without voids. The entire concreting works should be done only with the
prior approval and the presence of Engineer in charge.

3.2 Mixing of concrete

The concrete shall be proportioned as far as cement and aggregate are considered by
volume. The amount of water required being measured either by weight or volume the
adjustments must be made to frequent intervals at the discretion of the Engineer or his
assistant to account for the moisture content of the aggregates. The mixing operation
shall be performed only in a mechanical concrete mixer and shall continue until the
whole batch of uniform consistency and colour. The mixing of concrete shall be done
in accordance with clause 8 and 9 of IS 456-2000.

3.3 Transporting, Placing and Compacting Concrete

3.3.1 Transportation, placing and compaction of concrete mix by mechanical vibrators shall
be done in accordance with clause 12 or IS 456-2000. it is imperative that all
concreting operations be done rapidly and efficiently with minimum re-handling and
adequate manpower shall therefore by employed to ensure this.

3.3.2 The forms shall be first cleaned and moistened before placing concrete.

3.3.3 The mix should not be dropped from such a height as it may cause segregations and
air entrainment. When the mix is placed in position, no further water shall be added to
provided easier workability.

3.3.4 No concrete mix shall be used for the work if it has been left for a period exceeding its
initial setting time before being deposited and vibrated into its final position in the
member.

3.3.5 While one concrete is being placed in position it shall be provided generally complying
with clause 12.4 of IS 456-2000 and as directed by the Engineer in charge. The
efficiency of tempering and consolidation will be judged by complete absence of air
pockets, voids and honey combing after removal of form works.

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3.4 Curing

3.4.1 Curing shall be done to avoid excess shrinkage or harmful effort to the members
generally complying with clause 12.5 of IS 456-2000.

3.4.2 The method adopted shall be effective and any special method used must be approved
by the Engineer and be subject to complete supervision.

3.4.3 Any deficiency in concreting such as cracking, excessive honey combing, exposure of
reinforcement or other fault which entail replacement of the defective part by fresh
concrete and whatsoever remedy reasonable required without hampering the structural
safety and architectural concept, all at the cost of contractor.

3.5 Removal of Form Work.

3.5.1 Removal of form work shall be done as per TNDSS and as per IS 456-2000 and as
directed by the Engineer in such a manner that no damage is caused to the concrete
work.

3.6 Testing of concrete

3.6.1 During the course of construction works, preparation of test specimens, curing and
casting of concrete shall be done in accordance with IS 1199 and IS 516 to ascertain
the strength requirements and acceptance criteria indicated in IS 456-2000. The
contractor shall provide all apparatus, labour and arrange to test the cubes at his own
cost at the test laboratory decided by the Employer.

3.6.2 In addition to the above test, any other test which may if desired by the Engineer in
charge be carried out from time to time as per relevant specifications at the cost of
contractor. In case the concrete does not meet the strength required, all corrective
measures shall be taken at once at the contractor’s cost.

3.6.3 The inspection and testing of structures shall be done in accordance with clause 16 of
IS 456-2000.

GENERAL CONDITIONS OF CONTRACT

A PREFACE

Intent and reference to Tamil Nadu Building Practice

1. It is intended by this Tamil Nadu Practice to describe.

(a) the character of the materials to be used;

(b) the method of execution of work and

(c) the contractor's responsibilities to the Public, Government and his workmen and
general contract conditions which are to be accepted by every contractor who

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 executes work entrusted to him by the Department.

1.1 Wherever the term "Standard Specifications" or "Specifications" or to the abbreviation

T.N.B.P. No: or TNBP is used in the specifications or in estimates or contract
documents, it shall refer to the relevant, specification in the Tamil Nadu Building
Practice.

1.2 The. Abbreviation "1.S." shall mean "Indian Standard-".

2. Applicability of the Tamil Nadu Building Practice.

2.1 It shall be-unnecessary to include in any contract documents a specification for any
item of work which is defined in the tender notice or in the contract schedule of work
to be done by a Tamil Nadu Building Practice number (TNBP No.) The fact that the
item Is defined as specification, shall mean that the contractor is to execute the work
according at such specification modified as may be necessary by an addendum
specification for that particular item of work. In the absence of specification for any
work or material in the T.N.B.P. such. work should carried out in accordance with the
instruction given by the Corporation Engineer.

2.2 THESE GENERAL CONDITIONS OF CONTRACT SHALL APPLY TO ALL AGREEMENTS

ENTERED INTO BY CONTRACTORS WITH THE MANAGING DIRECTOR TIRUPPUR and
shall form an inseparable condition of contract, and it shall not be necessary to append
a copy of the same to the agreement.

3. Contractor to sign in the Division (or the sub-Divisional) copy of the T.N.B.P.

3.1 Every contractor who executes work for the Public Works Department or the Highways
Board and Rural Works Department shall carefully study the schedule for work to be
done and his drawings, obligation under the "General Conditions of Contract" which
apply to all agreements, and he shall sign in the Municipality coy of the T.N.B.P. (or the
Sub-Divisional copy if so arranged by the Corporation Engineer) as evidence that be
understands clearly the conditions of contract governing his agreement and accepts the
same.

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3.2 It shall not be necessary for the contractors to sign the Municipality copy of the
T.N.B.P. for every contract awarded to him, but his signature therein will be evidence
that the accepts the conditions of contract (which include the standard specifications)
as detailed in the T.N.B.P. for every contract into which he enters. It shall also be the
contractor's responsibility by frequent perusal of the Municipality copy to become
conversant with sanctioned alterations or additions made to the T.N.B.P. as soon as
they are made. A separate volume of addenda to the T.N.B.P. will be maintained in the
Municipality as the case may be in which will be entered all sanctioned corrections and
additions. This must also be studied and signed by every contractor before executing
an agreement. Interleaving correction slips will not be made for his purpose. The
contractor should purchase copy of, the T.N.B.P. for his reference while executing
work.

4. Sub-specifications:

4.1 Works of similar nature having many common clauses in their specification are grouped
under one specification number with a "General" preface thereto, and the sub-
specification are therefore given an alphabetical affix.

5. Additions and alterations to the T.N.B.P.

5.1 Additions and alterations to the T.N.B.P. will be incorporated in the addenda volume as
authorized by the Chief Engineer.

6. Powers of Corporation Engineers to supplement or alter the T.N.B.P.

6.1 Corporation Engineer may alter the specification for any particular which is within their
respective powers of sanction, when such alteration is found necessary by attachment
of a correction sheet to the contract form, bearing the T.N.B.P. Number, the
corrections and the signature of the Corporation Engineer as the case may be, together
with the signature of the contractor. Similarly additional specifications, for items for
which there are no standard specifications will be made by attachment to the contract
documents of addendum specifications sheet bearing the signature of the Corporation
Engineer as the case may be and the signature of the contractor.

A. DEFINITIONS AND INTERPRRETATIONS.

7. Definition of terms:

7.1 Wherever the words and expression defined in this clause or pronouns used in their
status occur in contract documents which includes the T.N.B.P, they shall hays the
meanings hereby assigned to them except where the context otherwise requires:
(a) "Corporation Engineer" means the Corporation Engineer for the time being in
charge of the concerned work under execution or such other departmental
assistants or subordinates to whom the Corporation Engineer may have delegated
certain duties, acting severally within the scope of the particular duty entrusted to
them.

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 (b) No delegation by Corporation Engineer which affects agreements. It is however, to
be distinctly understood that the Corporation Engineer or the higher authority who
is vested with the powers of acceptance of the particular agreement under
reference will make no delegation of powers to such assistants or subordinates
which in any affects the agreement and its contract condition when such agreement
is to be or has been accepted by the "Corporation Engineer" or by the other higher
authority respectively- The duties of such assistants or subordinates will be solely
duties of supervision to ensure compliance with contract conditions.

(c) "Contractor" means the particulars persons, firm or corporation with whom an
agreement has been made by the Corporation Engineer or higher authority as the
case be, for executing work defined in the concerned agreement, and for purposes
of instructions regarding compliance with contract conditions, it shall include the
contractor's authorized agent, who is maintained on the work by the contractor.

(d) Works or work means the works by or by virtue of-the contractor contracted to the
executed whether temporary or permanent and whether original, altered
substituted or carriage or additional or connected, with the supply repairs or
carriage of tools and plant and supply or manufacture of other stores.'

7.2 Words importing the singular only also include the plural and vice-versa where the
context requires.

8. Evidence of experience -Tenderer shall, if required, present satisfactory evidence to

the Corporation Engineer that they have been regularly engaged in constructing such
works, as the proposed to execute and that they are fully prepared with the necessary
capital, machinery and materials to begin the work promptly and to conduct it as
required by the T.N.B.P. and the other specifications for the particular work If tendered
for, in the event of their tender being accepted,

9. Legal address Notices:

9.1 Tenderers should give in their tender their place of residence and postal address. The
delivering at the above named place or posting in a post box regularly maintained by
the Post Office Department or sending by loiter registered for acknowledgement of any
notice, letter or other communication to the contractor shall be deemed sufficient
service thereof upon the contractor is writing as maybe changed at any time by an
instrument executed by the contractor, and delivered to the Corporation Engineer.

9.2 Nothing contained in the agreement and his contract conditions shall be deemed 10
prejudice render inoperative the service of any notice, letter or other communications
upon the contractor personally.

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10. B. STATEMENT OF APPROXIMATE QUANTITIES IN SCHEDULE - A

10.1 The quantities mentioned in tender notices and in agreement schedule A are worked
out from the relevant drawings in office and may or may not be the actual required for
execution. The Corporation Engineer does not expressly or by implication agrees that
the actual amount of work to be done will correspond therewith but reserves the right
to increase or decrease the quantity of any class or portion of the work as he deems
necessary.

10.2 Tenderer must satisfy themselves by a personal examination of the site of the proposed
work by examination of the plans and specifications and by other means as they prefer
as to the accuracy and sufficiency of the statement of quantities and all conditions
affecting the work and shall not any time after the submission of their tender, dispute
or complain o1 such statement of quantities or assert, that there was any
misunderstanding in regard to the nature or amount of the work to be done nor in
consequences apply for extension of time for completion beyond the agreement date.

11. Approximate not to mean deviation from drawings and specifications:

11.1 This declaration of the approximate nature of the statement of quantities in Schedule.
A does not, however, in any way imply that the quantities will be increased for
departure by the contractor from strict compliance with sanctioned drawings and
specifications to suit his own convenience or reduce his costs.

12. To compare tenders:

12.1 The quantities in Schedule A are given for a uniform comparison of lump-sum tenders.

C. DRAWINGS AND SPECIFICATIONS

13. Purpose:

13.1 The contract drawings if any, read together with the contract specifications are
intended to show and explain the manner of executing the work and to indicate the
type and class of materials to be used.

14. Conformance:

14.1 The works shall be carried out in accordance with the drawings and specifications
which form part of the contract and in accordance with the details and instructions,
supplementing or explaining the same as may from time to time be given by the
Corporation Engineer.

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14.2 If the work shown on any such further drawings or details, or other work necessary to
comply with any such instructions, directions or explanations be in the opinion of the
contractor, of a nature which the schedule rate in the contract does not legitimately
cover he shall before proceeding with such work, give notice in writing to this effect to
the Corporation Engineer. In the event of the Corporation Engineer and contractor
failing to agree as to whether or not there is any excess rate to be fixed and the
Corporation Engineer deciding that the contractor is to carry out the said work, the
contractor shall accordingly do so, and the question whether or not there is any excess
and if so the amount there of, shall failing agreement, be settled by an arbitrator as
provided in the arbitration clause, unless the subject is one which is left to the sole
discretion of the Corporation Engineer under the clauses of these conditions of contract
and the contractor shall be paid accordingly.

14.3 It shall be the responsibility of the contractor to give timely notice to the Corporation
Engineer regarding anything shown on the drawings and not mentioned in the
specification, or mentioned-in the specifications and not shown in the drawings or any
error or discrepancy'" drawings or specifications and obtain his orders thereon. Figure
dimensions are to be taken and not those obtained from scaling the drawings. In any
discrepancy between drawings and specifications, the latter shall prevail. In any such
cases or in case any feature of the work is not fully described and set forth with the
drawings and specifications the contractor shall forthwith apply to the Corporation
Engineer for such further instructions, drawings or specifications as he requires it,
being understood that the subject to be dealt with under the building procedure of best
modern practice. The Corporation Engineer will furnish the further instructions,
drawings or specifications if in his opinion; they are required by competent workmen,
for the proper execution of the work.

15. Variations by way of modifications omission or additions.

15.1 For all modifications, omissions from or additions to the drawings and specifications,
the Corporation Engineer will issue revised plans, or written instructions or both, and
no modifications, omissions of additions shall be made unless or authorized and
directed by the Corporation Engineer in writing.

15.2 The Corporation Engineer shall have the privilege of ordering modifications, omissions
or additions at any time before the completion of the work and such orders shall not
operate to annual these portions of the specifications with which said changes do not
conflict.

15.3 The contractor shall submit to the Corporation Engineer a statement giving details of
the claims for any additional work with 30 days of the order of the work and no claim
for any such work will be considered which has not been included in the statement.

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16. Copies of drawings and specifications:

16.1 One copy of the available drawings and specifications (apart from the T.N.B.P. a copy
of reference) shall be furnished free of cost to the contractor for his own use. Such
copies and copies of supplementary details furnished by the Corporation Engineer-shall
be kept by the contractor on the work until the completion thereof, and the Corporation
Engineer shall at all times have access to them.

17. Signed drawings -No authority to the contractor.

17.1 No signed drawing shall be taken as in itself and order for variation, unless either is it
entered in the agreement schedule of drawings under proper attestation of the
contractor and the Corporation Engineer, or unless it has been sent to the contractor
by the Corporation Engineer, with a covering letter confirming that the drawing is an
authority for variation of the contract under reference.

D. MATERIALS AND WORKMANSHIP

18. To be the best quality:

18.1 All materials, articles and workmanship shall be the best of their respective kind for the
class of work described in the contract specification and schedule, materials being
obtained from sources approved by the Corporation Engineer. The word" best" as used
in these specifications shall mean, that in the opinion of the Corporation Engineer there
is no other superior quality of materials or finish of articles on the market and that
there is no better class of workmanship available for the nature of the particular item
descried in the contract schedule. The contractor shall, upon the request of the
Corporation Engineer, furnish him with the vouchers to prove that the materials are
such as are specified.

18.2 Samples of materials shall be furnished at the contractor's expenses to the Corporation
Engineer when called for in the tender notice or ordered to be furnished by the
Corporation Engineer prior to execution of any work.

19. Conventions for proportions:

19.1 Wherever the proportions are written by figures without further description and where
the meaning is otherwise clear as to which figure is intended to apply to each material,
then the usual conventions will be understood to apply to each material then the usual
conventions will be understood to apply.

For example:

1.2. Means I lime (or cement in accordance with the context) and 2 sand;

1.2.4. Means 1 lime (or cement in accordance with the context) 2 sand and 4 broken
stone (or other aggregate in accordance with the context).

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20. Measurement and mixing:

20.1 In the case of loose materials such as lime sand, cement, broken stone, surki, mortar,
etc the proportions demanded by the specifications must be measured in properly
constructed measuring boxes or weighed or in such other manner as shall be instructed
by the Corporation Engineer. Measurement is not to be done in loose heaps when
intimate mixtures such as mortar, concrete, etc., are to be formed. The mixing must
always be done on closely constructed platforms. So that there will be no leakage of '-
any of the materials through the floor of the platform and also that no foreign materials
can be incorporated during the mixing. These platforms must be approved by the
Corporation Engineer. The cost of such measuring boxes and platforms and all the
work referred to herein shall be borne by the contractor.

21. Data:

21.1 The materials and labour utilized in the execution of work by the contractor shall not be
loss than that given in the Tamil Nadu P.W.D. Standard Data for the relevant item.

NOTE: In case the contractor considers that the materials and labour provided in the
T.N.P.W.D. standard data for the execution of particular items of work are in excess,
the contractor may furnish detailed data for such items along with tender with reason
for variations from P.W.D. Standard Data.

22. Layout of materials stocks:

22.1 The contractor shall deposit materials for the purpose of the work on such parts only
on the ground as may be approved by the Corporation Engineer. He shall submit for
the approval of the Corporation Engineer before starting work, c: detailed site survey
clearly indicating positions and areas where materials shall be stacked and sheds built.

23. Source of purchase of materials and stores

23.1 The Corporation Engineer shall, during the progress of the work, have power to cause
the contractor to purchase and use such materials or supplies from Government brick
fields, stores or other sources as may be specified in the contract for the purposes
therein specified.

24. Contractor liable for materials supplied by Government.

24.1 The contractor shall be responsible for all materials and other articles and things which
may be supplied by Government from the time he takes deliver'.' thereof, and shall use
them only for the purposes of this contract and shall make good any loss, damage,
wastage or undue wear and tear that may take place from whatever cause and pay to
Government for such loss, damage, wastage or undue wear and tear such sum as the
Corporation Engineer may determine.

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24.2 If at any time subsequent to the execution of the agreement Government materials
other than those specified in the Agreement arc to be supplied to the contractor for use
on the work they will be charged at the market value prevailing at the time of supply or
stock issue rate whichever is greater. The contractor will be informed in writing the rate
which he demands for finished work in view of the fact that he is to use Government
materials.

24.3 Storage charges:

Govt. do not undertake to lake over from contractors whether before or after the
completion or determination of contract surplus materials which were originally
procured by the contractors themselves of were issued to them and charged to their
accounts. Such materials are the property of the contractor and can be taken over by
Govt. if required for use on the works in progress only by special arrangement at the
prevailing market rates viz., the rate at which the article or articles of a similar
description can be procured at a given time at the stores Godown from public market
suitable to the division for obtaining a supply therefore of the materials were originally
supplied by the Govt. Price allowed to the contractors on requisition should not exceed
the amount charged to the contractors excluding the element of storage charges if any.
Contractors are however not at liberty to remove from the site of work, without the
written permission of the Managing Director, materials, which have been issued to
them for use on works.

25. Test inspection and rejection of defective materials and works:-

25.1 The contractor shall provide proper facilities at all for the testing of materials and
inspection of the work by the Corporation Engineer, and the Corporation Engineer shall
accordingly also have access at all times to the palaces of storage or manufacture
where materials are being made for use under the contract to determine that
manufacture is proceeding in accordance with the drawings and specifications.

25.2 The contractor shall, upon demand, also forward for the Corporation Engineer's
inspection, test certificate supplied by the vendors, when he is purchasing
consignments of cement, steel and other materials in respect of which such certificates
are usually available.

25.3 The Corporation Engineer shall have power to reject at any stage, any work which he
considers to be defective in quality of material or workmanship and he shall not be
debarred from rejecting rough materials by reasons of his having previously passed
them in an un worked condition. Any portion of the work or materials rejected or
pronounced to ho inferior or not in accordance with the drawings and specifications,
shall be taken down and removed from the work site at the contractor's expense,
within 24 hours after written instructions to that effect have been given by the
Corporation Engineer. Replacement shall at once be made in accordance with the
specifications and drawings at the contractor's expense.

16 Bidder’s Signature
25.4 In case of default on the part of the contractor to carry out such orders the Corporation
Engineer shall have power to employ and pay. Other persons to carry out the orders at
the contractor's risk and all expenses consequent thereon and incidental thereto shall
be borne by the contractor.

25.5 In lieu of rejecting work not done in accordance with the contract, the Corporation
Engineer may allow such work to remain and in that case shall make such allowance
for the difference in value, as in his opinion may be reasonable.

25.6 Works opened for inspection The Contractor shall at the request of the Corporation
Engineer within such time as the Corporation Engineer shall name open for inspection
any work covered up; and should the contractor refuse or neglect to comply with such
a request, the Corporation Engineer may employ other workmen to open up the same.
If the said work has been covered up in contravention of the Corporation Engineer's
instructions or if on being opened up, it be found not in accordance will drawing and
specifications of the written instructions of the Corporation Engineer the expenses of
opening it and covering it up again, whether done by the contract or such other
workmen, shall be borne by. or recovered from the contractors. If the work has not
been covered up in contravention of such instructions or if on being opened up it be
found i.e. he in accordance with the drawings and specifications or the written
instructions of the Corporation Engineer, the expenses aforesaid shall be borne by
Government and shall be added to the contract sum. provided always that in the case
of foundations, or any other urgent works so opened up and requiring immediate
attention the Corporation Engineer shall, within reasonable time after the receipt of a
notice from the contractor that the work has been opened, make or cause the
inspection there of to be made, and at the expiration of such time if such inspection
shall not have been made, the contractor may cover up the same, and shall not be
required to open it up again inspection except at the expense of Government.

26. Defects, shrinkages, etc., after completion.

26.1 Any defects, shrinkage or which may appear within from the corn pie works arising in
the opinion of the Corporation Engineer from faulty materials or workmanship not in
accordance with the drawings and specification instructions of the Corporation Engineer
shall open the directions in writing of the Corporation Engineer and within such
reasonable time as shall be specified therein, be amended and made good by the
contractor at his own cost unless the Corporation Engineer shall decide that the
contractor ought to be paid for the same at the rates agreed on such reduced or other
rates as the Corporation Engineer may fix and incase of default, the Corporation
Engineer may employ (and pay other persons to amend and make good such defects,
shrinkage or other faults or damage. and all expenses consequent thereon and
incidental thereto shall be borne by the contractor.

17 Bidder’s Signature
 (A) The shrinkage period of six months referred to in main clause 26.1 above will
be five years in respect of all contracts for construction of original buildings
either semi-permanent or permanent to ensure structural stability of the
building.

(G.O.Ms. NO.1 81 PWU 28.1.86)

26.2 Provided that in the event of Government taking over portions of the works as and
when they are completed the liability of the contractor under this clause shall extend to
a period of years from the date of final taking over of the work irrespective of the
actual dates on which portions the works were taken over,

27. Corporation Engineer's decision:

27.1 To prevent disputes and litigation, it shall be accepted as an inseparable part of the
contract that in matters regarding materials workmanship, removal of improper work,
interpretation of the contract drawings and contract specifications, mode of procedure
and the carrying out of the work, the decision of the Corporation Engineer shall be final
and binding on the contractor and in any technical question which they arise touching
the contract the Corporation Engineer's decision shall be final and conclusive.

28. Dismissal of Workmen:

28.1 The contractor shall employ in and about execution of the works only such persons as
are careful, skilled and experience in their several trades and callings and the
Corporation Engineer shall be at liberty to object to and request the contractor to
remove from the works any person employed by the contractor in or about the
execution of the workshops in the opinion of the Corporation Engineer misconducts
himself or incompetent or negligent in the proper performance of his duties and such
persons shell not be again employed upon the works without the permission of the
Corporation Engineer.

D. 1. GENERAL OBLIBATIONS

29. Contractor's maistri or agent and contractor’s staff:

29.1 The contractor shall in his own absence keep constantly on the works a competent
mastery or agent and any directions or explanations given by the Corporation Engineer
or his representatives to suet" mastery or agent shall be held to have been given to the
contractor.

29.2 The contractor shall further provide all staff which necessary for the proper supervision,
execution and measurement of the work to ensure full compliance with the term of the
contract.

18 Bidder’s Signature
30. Government masteries or agents:

30.1 The Government may be represented on the work by an agent clerk of the works, or
mastery who is not borne on the Official or officers and subordinates of the Regional
Executiveity. He (if appointed) shall, in the absence of the Corporation Engineer,
furnish the contractor with the Corporation Engineer's or his representative's
instructions of the works and the contractor shall duly comply with such instructions
and directions and shall on the written requisition of the mastery Clerk of works or
agent, stay the-further progress of any portion of the works which in his judgment is
being constructed with unsound or improper mastery or workmanship, until the opinion
and determination of the Corporation Engineer shall be obtained thereon, but such
mastery, clerk of works or agent is to have no power whether to order any extra works
or deviation from the specification and drawings.

E. INCLUDED IN CONTRACT RATES

31. Defining contract schedule rates:

31.1 The rate entered in a contract schedule for any class of work shall be for finished work
in site and shall include all contingent expenses whether direct construction expense
involved in the building in place in accordance with the drawings and specifications or
whether they be expenses imposed by an outside authority such as a local body. Such
contingent expenses snail not entitles the contractor to claim an extra in respect
thereof.

32. CARRIAGE.

32.1 Rate's for finished work shall always include the cost of conveyance and all leads, lifts,
loading, unloading and stacking in the manner and at the place ordered by the officer
in immediate charge of the work, unless circumstances necessitate provisions for a
separate schedule item, in which class such will be specified in the tender notice or
schedule.

32.2 Wherever the term "Carriage" or "Conveyance" is used in a schedule item, it shall in the
absence of other schedule provisions or modifying description, in the specification, be
taken to include all leads, lifts, loading, unloading and stacking in uniform stocks to the
satisfaction of the Corporation Engineer with careful attention to close packing in casa
of materials which are to be measured in stacks as a basis of payment for finished
work.

19 Bidder’s Signature
NOTE- 1. In the case of important leads and lifts as may occur in river conservancy and other
such works, where lifts over flood banks and long leads may be involved, it is usual to make
separate schedule item provision with a specification defining the exact work to be done for each
tendered rate.

NOTE - 2. Payment for carriage will originally be by bulk or weight at a rate between specified
places and on the basis of the method adopted in the standard schedule of rates for carriage of
materials. The distances will be measured by the nearest practicable arid cheapest routes,
whether metalled or unmetalled road or cart track.

32.3 when carts or vehicles of any sort are engaged by the day, the quantity of materials to
be conveyed, the distance to be travelled and the number of trips to be made shall, if
he considers necessary be fixed by the Corporation Engineer.

32.4 The contractor is responsible for making good all loss in transporting materials
entrusted to him or his agents, whether caused by wastage, breakage, theft or any
other cause.

32.5 No payment shall in any case be made or the return trips with carts. Where' there are
loads also for the return trips the agreement rates should allow for the reduced cost
thereby on each set of materials so conveyed,

33. Construction plant.

33.1 The contractor shall include in. his tendered price and shall provide and install all
necessary construction plant and shall use such methods' and appliances for the
performances the operations connected with the work embraced under the contract as
will secure a satisfactory quality of work and rate: of progress which, in the opinion of
the Corporation Engineer will ensure the completion of the work within the time
specified. If at any time before the commencement, during the progress of the work or
any part of it such methods or appliances appear to the Corporation Engineer to be in
sufficient or inappropriate for securing the quality of the work required or the said rates
of progress. he may order the contractors to increase their efficiency or to improve
their character, land the contractor shall comply with such orders, but the failure of the
Corporation Engineer to demand such increase of efficiency of improvement shall not
relieve the contractor from his obligation to secure the quality of work and the rate of
progress required by the contract and the contractor alone shall be responsible for the
efficiency and safety of his plant, appliances and methods.

33.2 It is however open to the Corporation Engineer to lend or supply to the contractor any
tools, implement materials and machinery that the Corporation Engineer may consider
desirable but for any such tools, implements materials and machinery that: may be lent
or supplied to contractor by Government the contractor shall may be so lent or hired to
the contractor shall be the Regional Executive Engineer before the final bill or work is
paid and any shortage or damage shall be such rate as may be determined by the
Regional Executive Engineer after making such allowance as he may consider suitable
for fair wear and tear.

20 Bidder’s Signature
34. Scaffolding instructions:

34.1 All requisite scaffolding shall be provided at the contractor's expense and shall be
double, i.e. it must have two sets of upright supports care must be taken to ensure the
safety of the work people and the contractor must comply with such instructions as the
Corporation Engineer may issue to ensure safety. The contractor will be entirely
responsible for any damage or injuries to persons or property resulting from ill erected
scaffolding, defective ladders, or otherwise arising out of his default in this respect. The
contractor's attention is also invited to the "safety code".

35. Temporary structure:

35.1 The contractor shall erect and maintain at his own cost temporary weather proof sheds
at such places and in a manner approved by the Corporation Engineer for keeping
materials under cover. The contractor shall also provide and maintain a his own
expenses such temporary fences, guards, bridges and roads as may be necessary for
the execution of his contract work or for safeguarding or accommodating the public if
the Corporation Engineer shall order any departure he shall comply with such orders as
the Corporation Engineer may issue to safeguard or accommodate the public, sheds for
housing workmen shall be provided at the contractor's expenses if, in the opinion of the
Corporation Engineer, such are necessary or desirable.

36. Water and lighting

36.1 The contractor shall pay all teas and provide water and light as required from Regional
Executive mains or other sources and shall pay all charges therefore (including storage
tanks, meters, etc.) for the use of the work and workmen unless otherwise arranged
and decided on, in writing with the Corporation Engineer. The water for the works shall
be, so far as practicable, free from earthy vegetable, or organic matter and from salts
or other substances likely to interfere 'with the setting mortar otherwise prove harmful
to the work

37. Sun protection keeping dry and pumping

37.1 The contractor shall at his own expense arrange all requisite protection of the work and
materials against sun or rain effects and shall keep all portion of the work free from
water to the satisfaction of the Corporation Engineer and shall use his own plant for the
purpose unless otherwise specifically provided in the contract specification.

38. Tools and Seigniorage:

38.1 The contractor shall, unless otherwise specifically stated in the tender notice and
subsequently on this basis in the contract be responsible for the payment wherever
payable of all import duties, tools octopi duties, seignior ages, quarry fees, etc., on all
materials and articles that he may use.

21 Bidder’s Signature
 38.2 The contractor shall be solely responsible for the payment of sales tax under the
provision of the payment of sales tax under provision of the payment Sales Tax Act,
1939 (Madras Act IX of I 1939 as in force for time being and the rates for the various
items of the work shall remain unaffected by any change that may be made from time
to time in the rate at such tax is payable.

38.3 Notwithstanding anything contained in section 10 of the Indian Traffic Act of 1894. the
rates for items involving, the use or supply of articles obtained by the contractor from
outside India shall remain unaffected by any changes that may be introduced in
Customs duties.

NOTE: For works carried out on behalf of the Government of India, Seigniorage fees. etc.,
referred to in this clause will have to be levied in every case

38.4 No Seigniorage shall be charged where due for materials quarried, from the P.W.D. or
other Government quarries. Assistance as necessary will be given to the contractor by
the department to obtain access to quarries approved by the Corporation Engineer. No
plot rent shall be charged for materials stacked on the Government land during the
course of construction provided all such materials are removed within one month after
the work is completed.

38.5 Seigniorage charges due for use of private quarries and private land shall be paid by
the contractor.

38.6 The contractor shall from his own approach road to the work site for which no extra
will be due to him. On completion the contractor shall not be permitted to remove the
materials laid for formation of road. If the contractor is allowed to use the existing'
roads he shall maintain them in good condition at his own cost throughout the period
of the contract.

39. Setting out works:

39.1 The contractor shall be responsible f or the true and proper setting out of works and
for the correctness of the position, levels, dimension and alignment of all parts of the
works and for the provision of all materials, staff and labour in connection therewith.

40. Cleaning up during progress and delivery:

40.1 All rubbish shall be burnt or removed from the site, as it accumulates. All floors, stairs,
landing windows, surface and soil drains shall be cleaned down and put in a thoroughly
complete clean, sound and workman like state to the satisfaction of the Corporation
Engineer having first been removed by the contractor. The contractor shall give notice
in writing to the Corporation Engineer before the work is finally handed overall rubbish
and surplus materials not required by the Corporation Engineer having first been
removed by the contractor. The contractor shall give notice in writing to the
Corporation Engineer when the work is so ready to be handed over and shall be
responsible for its maintenance until it is taken over by the Corporation Engineer.

22 Bidder’s Signature
F. RESPONSIBILITIES AND LIABILITIES OFTHE CONTRACTORS.

41. Observance of laws, focal regulations and notices. Attachments:

41.1 The contractors shall conform to the regulations and by-laws of any local authority and
or of any water or lighting companies with those systems the structure is proposed to
be connected and shall, before making any variations from the drawings or
specification that may be necessitated by so conforming, given to the Corporation
Engineer written notice, specifying the variations proposed to be made and the reasons
for making them, and apply for instructions thereon. In case the contractor shall not
receive such instruction within seven days. he shall proceed with the work conforming
to the provisions regulating or by-law in question and any variations in the drawings or
specification so necessitated shall be dealt with under clause.

41.2 The contractor shall give all notices required by the said Act, regulation or by-laws and
pay all fees in connection therewith unless otherwise arranged and decided on in
writing with the Corporation Engineer. He shall also ensure that no attachments are
made against materials of work forming part of or for the use of the contract. In every
case referred to in this clause the contractor shall protect and indemnify Government
against any claim or liability arising from or based on the violation, of any such law
ordinance, regulations order, degree, a attachment whether by himself or by his
employees.

42. Accidents - Hoarding - Lighting observation - Watchmen:

42.1 When excavation have been made or obstacles have been put in public thorough fare
or in places where there is any likelihood d accidents, the contractor shall comply with
any requirement of law or the subject and shall provide suitable hoarding and
watchmen necessary.

42.2 It shall be the contractor's sole responsibility to protect the public and hi! employees
against accident from any cause and he shall indemnity Government against and claims
for 'damages for injury to person a property, resulting from any such a claim and shall
where the provisions of the Workmen's Compensation Act apply, take step to properly
insure against any claims there under.

42.3 On the occurrence of accident which results in the death of any of the workmen
employed by the contractor or which is so seriousness as to the likely to result in the
death of any such workmen, the contractor shall, within 24 hours of the happening of
such accident, intimate in writing to the concerned section officer of the Department
the fact of such accident. The contractor shall indemnify Government against al loss or
damage sustained by Government resulting, directly or indirectly from his failure to give
intimation in the manner aforesaid including the penalties of fines if any payable by
Government as a consequence of Government's failure to give notice under the
Workmen's Compensation Act or otherwise conform to the provisions of the said Act in
regard to such accident.

23 Bidder’s Signature
42.4 In the event of an accident in respect of which compensation may become payable
under the Workmen's Compensation Act VIII of 1923 whether by the contractor or by
the Government as principal it shall be lawful for the Corporation Engineer to retain out
of money due and payable to tile Contractor such sum or sums of money as may, in
the opinion of The Corporation Engineer shall be final in regard to all matters arising
under, this clause.

42.5 The contractor shall indemnify Government from and against all claims and proceedings
for or on account of infringement of any patent rights, design, trade mark, or name of
other protected rights in respect of any constructional plant, machine work or material
used for or in connection with the works or temporary works, or any of them and from
and against all claims, demands, proceedings, damages, cost, charges and expenses
whatsoever in respect thereof in relation thereto.

42.6 In respect of all labour directly or indirectly employed in the works for the performance
of the contractor's part of this agreement, the contractor shall comply with or cause to
complied with all the rules framed by the Government from time to time for the
provision of health and sanitary arrangements to workers employed by P.W.D. and
Highways and Rural Works Department and their contractors Vide Appendix. In case
the contractor fails to make arrangements and provide necessary facilities as aforesaid
the Corporation Engineer shall be at liberty to make arrangements and provide facilities
as aforesaid and recover the costs incurred in that behalf from the contractor.

42.7 In respect of all labour directly or indirectly employed .in the works for the performance
of the contractor's part of this agreement, the contractor at his own expense shall
arrange for the safety provisions as per "Safety Code" framed from time to time and
shall at his own expense provide for al facilities in connection therewith. In case the
con tractor fails to make arrangements and provide facilities as aforesaid and recover
the costs included if that behalf from the contractor.

42.8 In respect of all labour directly or indirectly employed in the work for the performance
of the contractor's part of this agreement the contractor shall arrange to furnish in
triplicate particulars to each working the Performa Vide Appendix XXXVIII b) the end of
every month to the Corporation Engineer charge of the work.

43. Blasting:

43.1 Blasting executed by contractors in connection with Government works shall be carried
out in the manner described under "Blasting operations Instructions to Contractor of
the TNBP.

44. The contractor is to protect the whole of the adjoining and where necessary, the
existing premises and all works land alt fittings to alt buildings or an adjoining the site
against the structural and decorative damages caused by the execution 0' these works
and make good in all respects all such damage done or occurring to the same, and
leave such reinstatement in perfect order. He is also to make good any damage done
to private footways or roadways.

24 Bidder’s Signature
45. Permit other Workmen Co-operation Afford facilities:

45.1 The Corporation Engineer shall have full power to sent workmen upon the premises to
execute fittings and other works not included in the contact for whose operations the
contractor is to afford every reasonable facility during ordinary working hours, provided
that such operations shall be carried on in such a manner as not to impede the
progress of the work included in the contact, but the contractor is not to be responsible
for any damage which may happen to or be occasioned by any such fittings or other
works, provided he complies with the Corporation Engineer's instructions in connection
there with, and provided that the damage is not caused by himself or his workmen.

45.2 The contractor shall, at all times, cooperate, assist, attention, and afford facilities for
such specialists as may be employed by the Corporation Engineer on other works in
connection with the building, allowing them free of charge the use of all plant, light and
water installed in the works. The contractor shall cause such special work or protect it
as instructed to avoid injury during progress of the works. For failure so to protect, the
contractor must make good any damage caused.

45.3 When two or more contractors arc engaged on installation or construction work in the
same vicinity, the Corporation Engineer shall have authority to direct the manner in
which each shall conduct the work so far as it affects other contractors. :

46. Holes for water services, gas, electrical and sanitary fittings:

46.1 The contractor shall leave all holes in masonry and floors for the insertion of water
services, gas and electrical connections and sanitary fittings in the exact positions
indicated by the Corporation Engineer during the progress of the work. These holes
must be properly built up in a workmen like manner at the contractor's cost, as soon as
the fittings have been installed in cases, where the installations as made during the
construction of the buildings and where in the opinion of the Corporation Engineer,
delays in settlement of accounts will not thereby occur.

47. Contractor's risk and insurance:

47.1 The work executed by the contractor under the contract shall be maintained at the
contractor's risk until the work is taken over by the Corporation Engineer. The Govt.
should not be liable to pay for any. loss or damages occasioned by (or) arising out of
fire, flood, volcanic eruptions, earth quake or other convulsion of nature and all other
natural calamities, risks arising out of acts of God during such period and that the
option whether to take Insurance coverage or not to cover risks, is left to the
contractor.

47.2 Provided however, that the contractor, shall not be liable for all or any loss or damages
occasioned by or arising out of acts of foreign enemies impassions hostilities or warlike
operations (before or after declaration of war) rebellion military or usurped power.

25 Bidder’s Signature
48. Holidays:

48.1 Subject to any provision to the contrary contained in the contract none of the
permanent work shall save as herein after provided be carried on during the night or
on Sundays and other holidays without the permission in writing of the Corporation
Engineer or of the officer in charge of the work: save when the work is un avoidable or
absolutely necessary for the save of life or property or for the safety of the works in
which case the contractor shall immediately advice the Corporation Engineer.

G. MISCELLANEOUS

49. Sand and gravel:

49.1 The contractor shall not make any excavations upon the site for the purpose of
obtaining gravel, sand or soil other than that shown or implied by the drawings, except
with the previous permission of the Corporation Engineer.

50. Old curiosities:

50.1 All old curiosities, relics, coins, minerals, etc., found in excavating or pulling down, shall
be the property of the Government and. be handed over to the Corporation Engineer.
Should any ancient masonry, or other old work of interest be opened up, the
Corporation Engineer's attention shall be called to the same before demolition or
removal.

51. Assignment or sub - lettings:

51.1 The contractor shall not without the written consent of the Corporation Engineer,
assign the contract nor sub-let any portion of the same. Ordinarily no subletting will be
permitted, but in case such should be permitted by the Corporation Engineer, it shall in
no way free the contractor from any of his responsibilities under any clause of these
"Conditions of Contract" or of the "Articles of agreement".

52. Specialties:

52.1 The Corporation Engineer, shall, during the progress of the work have powers to select,
-nominate or recommend tradesmen or specialists to supply material or execute such
portion of the work as he may consider desirable in the interests of the Government.

53. Ratification of the orders of the Corporation Engineer

53.1 Should the acceptance of the tenders be beyond the authorized powers of the
Corporation Engineer as laid down in the P.W.D. code, the orders and decisions of such
Corporation Engineer with regard to the employment of specialists for certain portion of
the work as described in the previous clause will be subject to the ratification of the
higher authority who accept the tender.

26 Bidder’s Signature
Powers for sanction of Extension of time:
53.2 A. Should the acceptance of tender beyond the authorized powers of the Corporation
Engineer as laid down in TN P.W.D. code, the orders or decisions of such Corporation
Engineers with regard to the extension of time for completing the contract will be
subject to the ratification of Chief Engineer for all works for which tenders were
accepted by the Chief Engineer.

Powers for termination of LS contract.

53.3 B. Should the acceptance of tender beyond the authorized powers of the Corporation
Engineers laid down in TN P.W.D. code, the orders and decision of such Corporation
Engineers with regard to the termination of contract will be subject to ratification of the
Chief Engineer for all works for which tenders were accepted by Chief Engineer.

54. Order Book.

54.1 An order book shall be kept at the Regional Executive office on the site of the work. As
far as possible, all orders regarding the work are to be entered in this book. All entries
shall be signed and dated by the Regional Executive officer in direct charge of the work
and by the contractor or by his representative. In important cases, the Corporation
Engineer will countersign the entries, which have been made. The order book shall not
be removed from the work except with the written permission of the Corporation
Engineer.

54.2 No photographs' of the site or of the work of any part thereof shall be taken except
with the permission in writing of the Corporation Engineer and no such photographs
shall be published or otherwise circulated without the permission, of the Chief
Engineer.

H. DATE OF COMMENCEMENT, COMPLETION, DELAYS, EXTENSION, SUSPENSION

OF WORK AND FORFEITURE.

55. Date of Commencement and completion:

55.1 On notification of possession of the site (or premises) being given to the contractor by
letter registered for acknowledgement as provided in clause 9.1. supra, he shall
forthwith begin the work, shall regularly and continuously proceed with them, and shall
complete the same (except for painting or other work which in the opinion of the
Corporation Engineer, it may be desirable to delay) by the date of completion, as
defined in the "Articles of Agreement subject nevertheless to the provisions of
extension of time mentioned in the next clause. The contractor shall under no
circumstances be entitled to claim any damages from Government if he incurs any
expenses or liabilities to payment under the contract before the date of commencement
defined above. The contractor shall have the right to withdraw from the contract and
obtain refund of his security deposit if such intimation of handing over the site is
delayed by more than two months from the date of acceptance of the agreement by
competent authority.

27 Bidder’s Signature
56. Delays and extension oft/me:

56.1 No claim for compensation on account of delays or hindrances to the work from any
cause whatever shall lie except as hereinafter defined.

Reasonable extension of time will be allowed by the Corporation Engineer or by the

officer competent to sanction the extension for unavoidable delays, such as may result
from causes which in the opinion of the Corporation Engineer are undoubtedly beyond
the control of the contractor. The Corporation Engineer shall assess the period of delay
of hindrance caused by any written instruction issued by him at twenty five percent in
excess of the actual working period so lost. If at any time the Corporation Engineer is
of the opinion that there has been avoidable delays and the contractor fails to maintain
the "rate'' of progress specified in the article of agreement, it shall be lawful for the
Corporation Engineer to impose penalty or order forfeiture from the Deposit sanction
the extension of time for such delays, provided however, the penalty and forfeiture
shall be governed as per clause 51.2 and 51.3.

56.2 In the event of the Corporation Engineer to failing to issue necessary instructions and
thereby causing delay and hindrance) the contractor the latter shall have the right to
claim an assessment of such delay by the Corporation Engineer of the Office. The
contractor shall lodge in writing to the Corporation Engineer a statement of claim for
any delayer hindrance referred to above within fourteen days from its commencement,
otherwise no extension of time will be allowed.

56.3 Whenever, authorized alterations or additions made during the progress of the- work
are of such nature in the opinion of the Corporation Engineer as to justify 8" extension
of time in consequence thereof, such extension of time will be granted in writing by the
Corporation Engineer or other competent authority when ordering such alteration or
additions.

57. Delays in commencement or progress or neglect of work or suspension of works by the

contractor and forfeiture of Earnest Money, Security Deposit and withheld amount.

57.1 Time shall be considered as the essence of the contract. If at any time the Corporation
Engineer, shall be of the opinion that the contractor is delaying commencement of the
work, neglecting or delaying the progress of work as defined in the tabular statement...
Rate of Progress in the Article of Agreement or the contractor fails to maintain the Rate
of Progress in the Articles of Agreement plus any CA tension of time or the contractor
shall suspend the works.. or sublet the work or d portion thereof without the sanction
of the Corporation Engineer or violates any of the provisions of the contract the
Corporation Engineer shall so advise the contractor and at the same time demand
compliance. If the contractor neglects to comply with such demand within seven days
after receipts of such notice, it shall then or at any time be awful for the Corporation
Engineer to impose a penalty or forfeiture on this contractor from the deposit or to
determine the contract.

28 Bidder’s Signature
57.2 The penalty or forfeiture referred to in Clause 57.1. shall not exceed 10% of the work
executed and is imposed in cases where the contractor is allowed to proceed with the
whole or part and complete the whole or such part of the works. The penalty or
forfeiture imposed by the Corporation Engineer under this clause is however subject to
modification or waiver at the absolute discretion of any authority higher in rank than
the Corporation Engineer.

57.3 It shall be a further right of the Corporation Engineer to give any port of the work to
any other contractor at his discretion or have it done departmentally in order to
maintain the rate progress and the contract shall then be determined for only that
portion of the work given to the contractor or done departmentally. The for feature
under clause 57.2. will in these circumstance be applied any excess expenditure
incurred on this account shall Le recovered from the original contractor.

57.4 Determination of the contract referred to in Clause 47." shall carry with it the forfeiture
at the Security [deposit. After determining the contract, the Corporation Engineer shall
have the right to give any part of the work to any other contractor in the unexecuted
portion of contract, in which case any expenses which may be incurred in excess of
such amount which would have been paid to the original contractor if the whole work
had been executed deducted from any money due t a him by Government it under this
contract or any other account what so ever. Provided, also that if the expenses
incurred by the Government are less than the amount payable to the contractor at his
agreement rates the difference will not be paid to the contractor.

57.5 In the event of anyone of the above clauses being adopted by the Corporation
Engineer, the contractor shall have no compensation for any loss sustained by him
reason of his having purchased or processed any materials or entered into any
engagements or made any advances on account or with a view to the execution of the
work art h e performance of contract, and in case action is taken under any of the
provisions aforesaid, the contractor shall not be entitled to be paid any sum for any
work actually performed under the contract unless and until the Corporation Engineer
has certified in writing the performance of such work and the value payable in respect
thereof and he shall only be entitled to be paid' the value so certified.

57.6 In the event of the Corporation Engineer putting in force oil or any of the powers
vested in him under the clause57.4. he may if he so desires after giving a notice in
writing to the contractor take possession of the works, and site and such plants and
materials thereon (or any ground contiguous thereof) and all such plant and materials
as above mentioned shall thereupon be at the disposal of Government absolutely for
the purpose of completing the work. After such notices shall have been given, the
contractor shall not he at liberty to remove from the site or works of from the ground
continuous thereto any plant or materials belonging to him which shall have been
placed thereon for the purpose of the above work. Government shall not be liable to
make any payment to the contractor on account of use such plant for the completion of
the works, under the provisions herein before contained. On taking possession of the
materials and stores belonging to the contractor or procured by the contractor and

29 Bidder’s Signature
 intended to be used for the execution of the work or any part thereof the contractor
rates to be certified there of shall be final.

Otherwise, the Government may give notice in writing to the contractor to remove any
of his plant or materials from the site and not required or any completion of the works,
if such plant and or materials are not removed within fourteen days after notice, shall
have been so given, Government may remove and sell the same, holding the proceeds
less the cost of removal and sale, to the credit of the contractor. The expense, of any
such removal and the amount of the proceeds and expense of any such sale. shall be
final and binding on the contractor.

I. PARTICULARS OF PAYMENT

58. Payment of lump sum basis or by final measurement lit unit prices:

58.1 Final measurements need not be taken unless either the contractor or the Corporation
Engineer claims extras to or deductions from, the quantities of Schedule A,

58.2 In case final measurements are claimed, they shall be taken only for those items for
which either the contractor or the Corporation Engineer claims final measurements and
the quantities of the remaining items in Schedule. A shall be accepted as correct. The
lump sum amount mentioned in the agreement will then be varied by adding thereto or
deducting there from as the case may be, the difference if any between the amounts
mentioned in Schedule A for such items and the amounts arrived at by calculation at
contract rates based on the revised quantities for the same, obtained by the final
measurements aforesaid.

58.3 It shall be accepted as a condition of the contract that the payment of the final bill to
the contractor less the withheld amounts and his acceptance thereof shall constitute a
full and absolute release of Government from all further claims by the contractor under
the contract.

59. Payment for additions and deductions for omissions.

59.1 No authorized variation shall vitiate the contract, but additions and omissions shall be
measured up and dealt with in accordance with clause

59.2 If there is no rate in Schedule' A ' for additional work ordered to be carried out by the
Corporation Engineer, when prior to execution of the additional work, shall be worked
out in accordance with the methods indicated in59.3 and with the rate agreed upon a
supplemental agreement shall be entered in the proper department'!! form signed and
dated by the contractor and the Corporation Engineer and or any other officer for the
time being authorised to accept such agreement and supplemental agreement shall on
such acceptance form part of the original agreement. A copy of the supplemental slip
shall be given to the contractor.

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59.3.1 The rate for additional works shall be derived from the rate for similar items of work in
the accepted agreement,

59.3.2 In the case of works for which supplemental agreement is to be entered into during the
period when the schedule of rates has not changed from the date of execution of the
original agreement, then the rates for supplemental agreements may be the prevailing
schedule of rates plus or minus tender premium in case the rates cannot be derived
from the items in the original agreement, in other case where the schedule of rates has
change in the intervening period, the rates prevailing as per the schedule of rates at
the time of execution of supplemental items will be adopted with no tender premium
over this rate.

59.3.3 If the rate for a particular item of work is not in the schedule of rates, the prevailing
market rats when the work was done shall be adopted.

59.3.4 If the rates cannot be determined as above, the rates shall be fixed on the cost of
labour and materials plus 10 percent thereon, provided the vouchers shall have been
delivered to the Corporation Engineer within 7 days after such work is completed. if the
Corporation Engineer considers that the vouchers are unduly high, the Corporation
Engineer can evaluate work as reasonable and fair and make payment if the value of
payment is less than Rs.1,000. If the value of additional payment exceeds Rs.1,000 the
contractor shall have the right to submit the matter to arbitration.

59.A. In cases where the Government under the terms of the contact with the contractor are
liable to supply and materials, articles or things to the contractor for the performance t)y
ii r of his part of the contract, the Corporation Engineer, may at his absolute discretion
extend the time which such materials, articles or things may be supplied by the
Government arid the Government may supply to the contractor such materials, articles
or . timings within the time so attended without any liability on their part to compensate
the contractor by reason of the extension of time for the supply of the materials, articles
or things.

59.B. In cases where the Government under the terms of the Contract are liable to supply any
materials, articles or things to the contractor for the .performance by him of his part of
the contract and the Government for any reason are unable to supply such materials,
articles or things either within the time specified in the contract or within the time
extended under clause 59.A. the Corporation Engineer may at his discretion or at the
request of the contractor determine the whole or any part of the contract which cannot
be performed by reason of the failure to supply such materials, articles or things and the
contractor shall not be entitled to claim any damages or compensations in respect of
such determination. The contractor shall, however, be paid the value of the work
already done by him and the cost of the materials, articles or things if any collected by
him upto the date of such determination and left unused on the work- on shall be taken
over by the Corporation Engineer either at the contract rates or at values deduced from
the through rates deduced in the contract. When the contract is determined at the
discretion of the Corporation Engineer, he shall give notice in writing to the contractor

31 Bidder’s Signature
 and the decision of the Corporation Engineer to determine the contract shall he final and
bind on the contractor.

EXPLANATION:

The expression "Through rates' means the rate for the finished items of work or the all in
rates, that is to say, the rates for finished items of work inclusive of the cost of materials and
labour.

59.C. if, at any time after the acceptance of the tender the Government shall, for any reason
whatsoever not required the whole or any part of the work to be carried out, the
Corporation Engineers hall given notice in writing of the fact to the contractor. W ho
shall have no claim to any compensation or other payments whatsoever, who shall on
account of any profit or advantage he might have derived from the execution of the
work in full but which he did not derive in consequence of the termination of the works.
He shall be paid at contract rates, for the work executed by him including any additional
works such as clearing of site etc. that may be rendered necessary by such termination.
He shall also be allowed a reasonable payment as decided by the authority next higher
in rank to the authority which accepted the tender, for any expense incurred by him on
account of labour and materials, articles or things collected, but which could not utilized
on the works as verified by the Corporation Engineer. Such decision shall be final and
binding on both the parties and shall not be subject to arbitration under clause 73.

60. No payment for unsanctioned extras:

60.1 It shall be distinctly understood that no payment whatever will be made to the
contractor for variations by way of extras, in cases where such variations have been
made without the written sanction of the Corporation Engineer.

61. Accounts Receipts and Vouchers;

61.1 The contractors shall at any time upon the request of the Corporation Engineer furnish
him with all invoices; account, receipts and other vouchers that he may require in
connection with the contract.

62. Fraud, willful neglect or default:

62.1 No final or other certificate of pay mentor of completion, acceptance or settlement of

account shall, in any circumstances, relieve the contractor from his liability for any
fraud, or willful neglect or default in the execution of the contract or any willful or
unauthorized deviations from drawings, specification, instructions and directions for the
time being binding upon him.

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63. Unfixed materials:

63.1 No payment or advance will be made for unfixed materials when the rates are for
finished work in site.

64. Payments and certificates:

64.1 Payments will be made to the contractor under the certificates to he issued at
reasonably frequent intervals by the Corporation Engineer, within 1 4 days of the date
of each certificate an intermediate payment will be made by the Corporation Engineer
of a sum equal to 95 percent of the value of work as so certified and the balance of 5%
will be withheld and retained as security for the due fulfillment of the contract.

Under the certificate to be issued by the Corporation Engineer on the completions of

the entire works, the contractor will receive the final payment of all the moneys due or
payable to him under or by virtue of the contract except security deposit and the
withheld amount equal to 2 1/2 percent of the total value of the work done provided
there is no recovery from or forfeiture by the contractor to be made under clause 57.
The amount withheld from the final bill will be retained under. "Deposits" and paid to
the contractor together with the Security Deposit after six months reckoned from the
date of completion of work or as soon after the expiration of such period of six months
as all defects shall have been made good according to the true -intent and meaning
thereof whichever shall last happen, in the event the final bill remains unpaid even
after the period of six months before said, the Corporation Engineer shall refund the
security deposit which includes the E.M.D. and also the withheld amount on a separate
bill if requested or by the contractor in writing. No certificate of Corporation Engineer
shall be considered conclusive evidence as to the sufficiency of any work or materials
or correctness of measurements to which is not related nor shall it relieve the
contractor from his liability to make good defects as provided by the contract. The
contractor when applying for a certificate shall prepare a sufficiently detailed bill based
on the original figures of quantities and rates in the contract scheduled to the
satisfaction of the Corporation Engineer, to enable the Corporation Engineer to check
the claims and issue the certificate. The certificate as to such of the claim mentioned in
the application as are allowed by the Corporation Engineer shall be issued within
fourteen days of the application. No application for a certificate shall be made within
fourteen days of a previous application.

A. Notwithstanding the above clause, the withheld amount of 2 ½ % from the final bill
in respect of contract for construction of original building, will be retailed by the
Govt. for a total period of one year in lieu of six months period referred to in clause.

B. and will be released after the expiry of one year period on execution an indemnity
bond by the contractor to the satisfaction of the Corporation Engineer for a further
period of four years to ensure structural stability of the building under clause 26.1.A.

(G. O. MS. No. 181 PWD 28.1 .86)

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64.2 When there are complaint from the Labour Department about non-payment of wages
to the Labourers employee by the Contractors for the execution of work under
agreement, the Corporation Engineer, shall have full powers to withheld the bills
claimed by the contractor pending clearance certificate from the Labour Department
and to act as per the direction given by the Labour Department.

65. Interest and money due to the contractors:

65.1 No omission by the Corporation Engineer to pay the amount due upon certificate. shall
vitiate or make void the contract nor shall the contractor be entitled to interest upon
any guarantee fund or payments in arrears, not upon any balance which may, on the
final settlement of his accounts, be found to be due to him.

66. Acceptance of final measurements:

66.1 The contractor agrees that before payment of the final bill shall be made on the
contract, he will sign and deliver to the Corporation Engineer either in the
measurement book or otherwise as demanded? valid release and discharge from any
and all claims and demands whatsoever for all matters arising out of or connected with
the contract and also produce a certificate from the Incomes tax Authorities that all
income tax payable by him upto-date has been duly paid provided that nothing in this
clause shall discharge or release the contractor from his liabilities under The contract. It
is further expressly agreed That Corporation Engineer in supplying the final
measurement certificate need not be bound by the proceeding measurements and
payments. The final measurements, if any of the Corporation Engineer shall be final
conclusive and binding on the contractor.

67. Recovery of money from contractor in certain case.

67.1 In every case in which provision is made for recovery of money from the contractor.
Government shall be entitled to retain or deduct the amount thereof from any money
that may be due or may become due to the contractor under these presents and or
under any other contract or contracts or any other account what so ever.

67. A. Recovery under Revenue Recovery Act:

Whenever any amount has to be paid by the contractor in view of determination of the
contract by virtue of clause 57 (4) or any amount that may be due or may become due
from the contractor under these presents and the contractor not responding to the
demands for the payment of the said amount, then the Govt., shall be entitled to
recover the said amount under the provisions of the Revenue Recovery Act. (G. O. Ms.
No.3659 PWD 23.12.70)

34 Bidder’s Signature
68. Contractor dying becoming insolvent, insane or imprisoned:

68.1 In the event of the death or insanity or insolvency or imprisonment of the contractor or
where the contractor being a partnership or firm 'becomes dissolved or being a
corporation goes in to liquidation, voluntary or otherwise, the contract may at the
option of the Corporation Engineer, be terminated by notice in writing posted at the
site of the works and advertised in one issue of the local district Gazette and all
accepted and acceptable works shall forthwith be measured up and paid for at the
rates provided in the contract schedule where such apply, or otherwise, by most recent
schedule 0 rain of the division approved by competent authority '0 the person or
persons entitled to receive and give a discharge for the payment.

J. SETTLEMENT OF DISPUTES

69. Arbitrations:

69.1 In case of any dispute or difference between the parties to the contract either during
the progress or after the completion of the works or after the determination,
abandonment or breach of the contract, or as to any matter or thing arising there
under except as to the matters left to the sole discretion of the Corporation Engineer
under clauses 18,20.25.3, 27, 34, 35 and 37 of "General conditions of contract" or as to
the withholding by the Corporation Engineer of payment of any bill to which the
contractor may claim to be entitled, the either party shall forthwith give to the other
notice of such dispute difference and such dispute or difference shall or be and is
hereby referred to the Director of Regional Executive Administration of the nominated
Regional Executiveity mentioned in "Articles of Agreement" therein after called the
"Arbitrator" in cases when the value of claim is less than & upto Rs.50000. In cases
when the value of claim is more than Rs.50000 the parties will seek remedies to the
competent civil courts. (G.0.Ms.No.253 pass 24.9.81) The Arbitrators shall give detailed
reasons in their findings and conclusion (G.0.Ms.No.1 844 pass off 18.7.86)

69.2 Subject as aforesaid to the provisions of the arbitration Act, 1 940, or any statutory
modification or re-enactment thereof and the rules made there under and for the time
being in force shall apply to the Arbitration proceeding under this clause.

69.3 Upon every and such reference, the costs of and incidental to the reference and award
respectively shall be discretion of the arbitrator. Subject to the condition that the
amount of such costs to be awarded to either party shall not, in respect of a monetary
claim exceed the percentage set out below of any such award irrespective of the actual
fees, costs and expense incurred by either party provided that where a monetary
claims disallowed in full they said percentage shall be calculated on the amount of the
claim. The arbitrator may determine the amount of the costs be awarded or direct the
same to be taxed as between solicitor and client or as party and shall direct by whom
and to whom and in what manner the same shall be borne and paid.

35 Bidder’s Signature
69.4 The fees for arbitrators shall be levied based on the value of claims referred to for
arbitrations. The fees shall be calculated at 5 percent of the first Rs.10000/- and 3
percent of the next Rs. 40000/- (G.O.Ms.No. 1844 pms dt 18.7.86)

69.5 Provided that the Government shall not be liable to any claim in respect of any such
dispute or differences until the liability and the amount thereof shall have been referred
to and decided by the Arbitrator

36 Bidder’s Signature
 APPENDIX -1

PUBLIC WORK DEPARTMENT SAFETY CODE

General Rules as to Scaffolds.

1. Suitable scaffolds shall be provided for workman for all works that cannot be safely done
from a ladder or by other means. When a ladder is used an extra Mazdoor shall be
engaged for holding the ladder and the ladder shall be given an inclination not steeper
than 0.25 to I (0.25 horizontal to I vertical) when the ladder is used for carrying materials
as well, suitable foot holds and hand holds shall be provided on the ladder.

2. A scaffold shall not be constructed, taken down or substantially altered except (a) under
the supervision of a competent and responsible person: and (b) as for as possible by
competent workers possessing adequate experience in such work.

3. All scaffolds and appliances connected therewith and all ladders shall

a) be of sound materials

b) be of adequate strength having regard to the load strain to which they will be
subjected and

c) be maintained in proper condition

4. scaffolding or staging more than 3.5 meters above the ground or floor shall have a guard
rail properly attached bol-braced and otherwise secured atleast 0 meters above the floor or
platform of such scaffolding or staging extending along the entire length of the outside and
ends thereof with only such opening as may be necessary for delivery of materials. Such
scaffolding or staging shall be so fast ends as to prevent it from swaying from the building
or structure.

5. Scaffolds shall be so constructed that no part thereof can be displaced in consequence of

normal use

6. Scaffoldis shall not be overloaded and so for as practicable the load shall be evenly
distributed.

7. Before installing lifting gear of scaffolds specials precautions shall be taken to ensure the
strength and stability of the scaffolds.

8. Working platform, gangways and stairways should be so constructed that no part there can
save unduly or unequally. If the height or the platform or the stairways is more than 3.5
meters above ground level or floor level they should be closely boarded, should have
adequate width and should be suitably fenced as described in (4 above)

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 9. Every opening in the floor of a building or in a working platform shall be provided with
suitable fencing or railing for a minimum height of 0.9 meter to prevent the fall off persons
or material.

10. Safe means of access shall be provided to all working platforms and other working places.
Every ladder shall be securely fixed No portable single ladder shall be over 9 meters in
length while the width between side rails in rung ladder shall in no case be less than 30cm
for ladder upto and including 3 meters in length. For longer ladders this width should be
increased at least 20mm for each additional meter of length uniform step spacing should
not exceed 30cm. Adequate precautions should be taken to prevent danger from electrical
equipment. No materials on the site of work shall be so stacked or placed as to case
danger or inconvenience to any person or the public. The contractor shall provide all
necessary fencing and lights to protect the Public from accidents and shall be bound to
bear the expenses of defense of every suit, action or other proceedings at law that may be
brought by any persons for injury sustained owing to neglect of the above precautions and
to pay any damage and cost which may be awarded in any such suit, action or proceedings
to any cost which may with the consent of the contractor be paid to compromise any claim
by any such person.

Excavation and trenching:

11. Trenches-1.2 meters or more in depth, shall at all times be supplied with atleast one ladder
for each 20 meters in length or fraction thereof. Ladder shall be extended from bottom of
the trench to at least o.a meter above the ground. The sides of the trenches which are 1.5
meters or more in depth shall be stepped back to give suitable slope or hold securely by
limber bracing, so as to avoid the danger of sides to collapse.

12. Demolition-Before any demolition is commenced and also during the process of the work.

a) All roads and open areas adjacent to the work site shall either be closed or suitably
protected.

b) No electric cable or apparatus used by the operator shall remain electrically clanged.

c) All practical steps shall be taken to prevent danger to persons employed from risk or
fire or explosion or flooding. No floor, roof or other part of the building shall be so
overloaded debris or materials as to render it unsafe.

13. All necessary personal safely equipment as considered adequate by the Corporation
Engineers ha 11 be kept available for the use of the person employed on the site and
maintained in a condition suitable for immediate use, land the contractor should take
adequate steps to ensure proper use of equipment by those concerned.

a) Works employed on mixing asphalted materials cement and time mortars- shall be
provided with protective footwear and protective goggles.

38 Bidder’s Signature
 b) Those engaged in while-washing and mining or stacking of cement bags or any
material which is injurious to the eyes shall be provided with protective goggles.

c) Those engaged in welding works shall have provided with welder's protective 513-'195.

d) Those engaged in welding works shall be provided with welder's protective 513-'195.

e) When workers are employed in sewers and man holes, which are in use, the contractor
shall ensure that the manholes covers are opened and are ventilated atleast for an
hour before the workers are allowed to get into them an holes, and the manholes so
opened shall be cordoned off with suitable railing and provided with warning signals or
boards to prevent accident to the public.

f) The contractor shall not employ men below the age of 18 years and women on the
work of painting, with products containing lead in any form. Wherever men above the
age of 18 are employed on the work of lead painting, the following precautions shall be
taken.

i). No paint containing lead products shall be used except in the form of paste or
ready - made paint,

ii). Suitable face masks should be supplied for use by the workers when paint is
applied in the form of spray or a surface having lead paint dry rubbed and
scrapped.

iii). Overalls shall be supplied by the contractors to workmen and adequate facilities
shall be provided to enable the working painters to wash during the cessation of
work.

iv). When workers are employed in dangerous occupations like work with hot
bitumen, drilling operations etc., which are likely to prove dangerous resulting in
physical damage and casualty, adequate protection of the workers should be
provided.

14. When the work is done near any place. Where there is risk of drawing all necessary
equipments should be provided and kept ready for use and all necessary equipments steps
taken for prompt rescue of any person in danger and adequate provision should be made
for prompt first aid treatments of all injuries likely to be sustained during the course of the
works

15. a) Hoisting machines and tackle including their attachments anchorages and supports shall
be good mechanical construction, sound materials and adequate strength and free .from
patent defect and shall be kept in good repair and in good working order. Every rope used
in hoisting or lowering materials or ass means of suspension shall be of suitable quality and
adequate strength and free from patent defect.

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 b) Every crane driver or hoisting appliance operator shall be properly qualified and no
person under the age of 21 years should be in control of any hoisting machine, including
the scaffold which or give signals of the operator,

c) In the case of every hosing machine and of every chain ring hook shackle level and
pulley block used in hoisting lowering or as a means of suspension, the safe working load
shall be ascertained by adequate means. Every hoisting machine and all cars referred to
above shall be plainly marked with the safe working load, in the case of a hoisting machine
Slaving variable safe working load, each safe working load and the conditions under which
it is applicable shall be clearly indicated. No part of any hoisting machine or of any gear
referred to above in this-paragraph shall be loaded beyond the safe working load except
for the purpose of testing.

16. Motors, gearing, transmissions, electricity wiring and other dangerous parts of hoisting
appliance shall be provided with efficient safeguards, Hoisting appliance shall be provided
with such means as will request to a minimum the risk of the accidental descent of the
load. Adequate precautions shall be taken to reduce to a minimum the risk of any part of a
suspended load becoming accidentally displaced.

When workers are employed on electrical installations which are already energized,
insulation mats, wearing apparel such as gloves, sleeve', and boots as may be necessary
should be provided. The workers and carry keys or other materials which are good
conductors of electricity.

17. These safety provisions should be brought to the notice of all concerned by display on a
notice board at a prominent place at workshop. The person responsible for the compliance
of the safety code shall be named by the contractor.

18. To ensure effective enforcement of the rules and regulations relating to safety precautions,
the arrangements made by the contractor shall be open to inspection by the Labour
Officer, Corporation Engineer of the Department or other representative.

19. Notwithstanding the above clauses (1) to (1 8.) there is nothing in these to exempt the
contractor from the operations of any other Act of rules in force in the Republic of India.

Model rules for provision of Health and Sanitary arrangements for workers employed by the
P.W.D. and Highways and Rural Works Department and their contractors.

40 Bidder’s Signature
The contractor's special attention is invited to relevant clauses of the "General conditions of
control" in the Tamil Nadu Building Practice and he is requested to provide at his own expense
the following amenities to the satisfaction of the Corporation Engineer.

1. Application - These rules shall apply to all building and construction works in charge of
Managing Director.

2. Definitions-

(i) "Workplace" means a place a which an average fifty or more workers are employed in
connection with construction work.

(ii) "Large work place" at which, at an averaged 500 or more workers are employed in
connection with construction work.

3. First-Aid –

(a) At the work site there shall be maintained in a readily accessible place, first aid appliance
and medicines including an adequate supply of sterilized dressing and sterilized cotton
wool. The appliances shall be kept in good order. They shall be placed under the charge
of a responsible person who shall be readily available during working hours

(b) At large work places, where hospital' facilities are not available within easy distance of
the works, first aid posts shall be established and be run by a rained compounder.

(c) Where large work place are remote from regular hospitals an in-door ward shall be
provided with one bed for every 250 employees.

(d) Where large work places are situated in cities, towns or in their suburbs and no beds are
considered necessary owing to the proximity or city or town hospitals, suitable transport
shall be provided to facilitate removal of urgent cases to these hospitals. At other work
places some conveyance facilities, such as a car shall be kept readily available to take
injured persons or persons suddenly taken seriously ill to the nearest hospital.

4. Drinking water-

(a) Water of good quality fit for drinking purposes shall be provided for the work people on a
scale of not less than 1 5 litres per head per day

(b) Where drinking water is obtained from an intermittent public water supply each work
place shall be provided with storage tank where such drinking water shall be stored.

(c) Every water supply storage shall be at a distance of not less than 1 5 meters from any
latrine, drain or other source of pollutions.- Where water has to be drawn from an
existing well, which is within such pro minify of latrine, drain or any other source of
pollution, the well shall be properly chlorinated before water is drawn from it for drinking.
All such wells shall be entirely closed in and be provided with a trap door which shall be
dust and water proof.

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 (d) A reliable pump shall be fitted to each covered well, the trap door shall be kept locked
and opened only for cleaning or inspection which shall be done atleast once a month.

5. Washing and bathing places-Adequate washing and bathing places should be provided,
separately for men and women such places shall be kept in clean and drained condition.
Bathing or washing should not be allowed in or near any drinking water well.

6. Latrine sand Urinals-There shall be provided within the precincts of every work place, latrines
and urinals in an accessible place and the accommodation separately for each of thorn, shall
be on the following scale or on the scale so directed by the Corporation Engineer in any
particular cases.

i) Where the number of persons employed does - 2 not exceed 50.

ii) Where the number of persons employed exceed 50 - 3 but does not exceed 100.

iii) For every additional 100 -3

If women are employed separate latrines and urinals, screened from those for men shall be
pro vided on the same scale.

Except in work places provided with water flushed latrines connected with a water borne
sewage system, all latrines shall be provided with receptacle on dry earth system which shall
be cleaned atleast four times daily and at least twice during the working hours and kept in
strictly sanitary conditions. The receptacles shall be tarred inside and outside atleast once a
year.

The excreta from the latrines shall be disposed off at the contractor's expense, in our way
pits approved by the local Public Health Authority. The Contractor shall also employ adequate
number of scavengers and conservancy staff to keep the latrines and urinals in a clean
condition.

7. Shelters during rest: At every work site there shall be provided, free of cost, two suitable
sheds one for meals and the other for rest separately for men and women for the use of
labourer.

8. Creches:

(a) At every work place at which 50 or more women 'workers are ordinarily employed there
shall be provided two huts of suitable size for the use of children under the age of 6 years,
belonging to such women, one hut shall be used of infants, games and play and the other as
their bed room. The huts shall not be constructed on a lower standard than the following:

i) thatched roofs

ii) mud floors and walls.

iii) Planks spread over the mud floor and covered with matting.

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The huts shall be provided with Suitable and sufficient opening for light and ventilation. There
shall be adequate provision of sweepers to keep the places clean. There shall be two attendance
Sanitary utensils shall be provided Health Officer of the area concerned. The use of the huts
shall be restricted to children, their attendants and mothers of the children.

(b) Where the number of women workers is more than 25 hut less than 50, the contractor shall
provide atleast one hut and one Dai to look after the children of women workers.

(c) The size of creche or creches shall vary according to number of women workers.

(d) The creche or creches shall be properly maintained and necessary equipment like toys, etc.
shall be provided.

9. Canteens-A cooked food canteen on a moderate scale shall be provided for the benefits of
workers if it is considered expedient.

10. Sheds for Workmen - The contractor should provide at his own expense sheds for housing
his workmen. These sheds shall be on a standard not less than the cheap shelter type, to
live in which the work people in the locality are accustomed to.

A floor area of about 1 .8 meters x 1 .5 meters for two persons shall be provided. The sheds to
be. in rows with 1.3 meters clear space between sheds and 9 meters clear space between rows
if conditions permit. The work people's camp shall be laid out in units of 400 persons, each, each
unit to have a clear space of 1 2 meters all-round.

43 Bidder’s Signature
 ADDITIONAL CONDITIONS

1. Departmental supply of the Materials : Nil

2. Centering works

Payments for centering works for all RCC items shall be made only after concrete is laid,
even though separate rate is called for centering work in the schedule.

3. Concrete for RCC works

All cement concrete for RCC works shall be machine mixed and vibrated.

4. Special conditions for earthwork excavation in hard rock requiring blasting:

In the case of earth work excavation in hard rock requiring blasting the tender should
observe the following conditions.

The blasted rock shall be compactly stacked for measurement. The net quantity of
blasted rock shall be arrived at by allowing a deduction of 40% for voids and compared
with the premeasured quantity and only the lesser of the two shall be paid.

Where the rock other than hard rock and hard rock arc mixed upon ground the two kinds
(if rocks shall be separately for measurement. The total of the net measurement of the
two kinds of rock shall be arrived by applying 40% deduction for voids. The total of the
net measurement of two kinds or rock shall be compared with the premeasured quantity
and only the lesser of the two shall be paid for. If the total of net measurements of the
two kinds of rock exceeds (or) falls short of the measurements of mixture, the volume of
mixture proposed to he paid shall be apportioned in the proportion of the net actual
measurements or stacks of the two kinds of rocks.

Payment for 'earthwork for embankment will be made excluding the quantity of pebbles
and boulders and other such materials which shall not normally be used along with earth
for formation of bund.

NOTE:

i. 40% deduction for voids shall be adopted for compact and proper stacking but such
percentage of deduction shall be: increased for loose (or) improper stacks.

ii. The blasted rock material, stacked, measured and paid for shall become the property
of the department.

iii. I. S. Code No. 1200 (Part 1) I 9G9 method of measurement of buildings and Civil
Engineering of work, Part I "Earthwork" may be referred as and when necessary.

44 Bidder’s Signature
 5. Employment of Technical Assistant:

For more than one work: One technical assistant he employed by the contractor for more
than one work situated within one kilo meter, provided that monetary limit prescribed for
the nature of Technical staff to be employed is adhered to be one and the same
contractor.

Other Engineering qualification:

The contractors who possess a degree in mechanical or chemical engineering may also
have to appoint technical assistants as in the case of registered contractors with degree
in electrical engineering, when they are entrusted with civil works by the department.

1. Painting with two coats of best white paint (or any other coloured approved by the Corporation
Engineer) over a priming of red lead to all flushing tanks, brackets, clumps used for fixing
pipes and all other connections.

2. The rates shall all included dismantling, making holes on walls, on slabs and restoring the
structure to the original conditions after the completion of the work.

3. The contractor should employ sufficient number of qualified licensed plumber with necessary
experience and skill in the to the satisfaction of the Corporation Engineer concerned for
execution of water supply arid sanitary items of work.

4. The water for the works shall be as for as practicable from earthing vegetable or organic
matter and from salts or substance likely to interfere with the setting of mortar proves harmful
to the work.

5. All items of work shall be- done in accordance with relevant clauses of TNBP and addenda
volume to the TNBP as from time to time

6. The contractor shall be responsible for the safe custody of the departmental materials once
they are handed over to the Contractor at the departmental stores. The cost of any material
the custody of the Contractor lost, stolen, destroyed or damaged or if rendered unfit for the
work will be recover from the Contractor at the issue rate.

7. For testing the concrete and aggregate the Contractor procure the following equipments and
make them available.

8. Steel mould for making 1 5 cm cubes of concrete (The mould be in two halves for easy
removal).

9. Slum cone for testing consistency (Slum test) the cone will be 30cm height with top and
bottom diameters of 10 cm and 50 cm in length. In addition, a steel rod I 5cm dia and 50cm in
length and with tamping and rounded is to be procured.

45 Bidder’s Signature
10. For finding finess modules sand and coarse aggregate a hand operated sieve apparatus may
be procured along with weighing machine for weighing the aggregate and sand.

11. In the case of any breach of the terms of the contract, the contract will be closed at the risk
and costs of the Contractor in addition to the forfeitures of the EMD and Security Deposit.

12. The testing is to be done at the Contractor's cost for all building materials and also for
concrete cubes.

13. The work shall be executed and measured as per metric dimension given in the schedule of
quantities 6 drawing etc., (F.P. Units where indicated are for guidance only).

14. Unless otherwise specified P.I' the rates quoted by the Contractor shall be for works at all
levels of the buildings.

15. Rates for every item of works to be done under this contract shall be for all lifts and leads,
heights, depths, length and 'widths except when specifically mentioned in the item, otherwise
nothing extra will be paid on this account.

16. The work shall be carried out as per drawings and designs supplied by the Department and as
directed by Engineer-in- Charge.

17. The rate for all item in which use of cement is involved is inclusive of charges for curing.

18. The Contractor has to make his own arrangements for procuring water for construction
purpose construction and curing should 1)- done with water free from injurious amounts of
deleterious materials, potable water are generally considered, satisfactory for curing and fixing
concrete and masonry. However the water tube used should be periodically tested at
Contractors cost for its suitability for using in the construction work and got approved from
Department Engineers.

19. Electricity: The contractor should make his own arrangements for obtaining electricity for all
types of his use like lighting welding pumping and mosaic and marble polishing etc.,

20. Any damage to work resulting from rains or from any other cause until these work is taken
over by the Department after completion will be made good by the contractor at his own cost:

Price adjustment clause is applicable.

Price adjustment will apply only when the fluctuation of rates for critical construction materials
namely Cement & Steel exceeds by 3% compared to the estimate rates (RBI Index Price).
Price adjustment shall be made for both increase and decrease in the cost of materials and
shall be calculated on the departmental cost of the work once in a quarter.

Price Adjustment shall be calculated once in a quarter for both increase & decrease in cost of
cement and steel as per Index number of whole sale prices in India for cement under table 39
and for steel under table 40 of RBI Bulletin released by the Department of Economics Analysis
and Policy, RBI and the quarter reckoned with reference to the quarter in which the date of

46 Bidder’s Signature
agreement falls.

This price adjustment shall be calculated in respect of cement and steel based on the
department rate adopted in the estimate.

The price adjustment shall also apply for the materials viz. Bitumen & POL, on pass through
basis whenever the Indian Oil Corporation revises their prices.

The difference in cost payable to the contractor under this clause will be paid along with the
final bill payable to the contractor.

The work is progressing as per the mile stones fixed on physical terms.

Further, If the contractor does a certain excess quantum of work in the second quarter itself,
which is expected to be done in the third quarter as per mile stone fixed shall be eligible for
price adjustment. Similarly, if the contractor does a certain quantum of work in the third
quarter, which should have been done in the second quarter itself, as for mile stone fixed, is
not eligible for price adjustment.

This clause shall be applicable for the period from the date of agreement upto the end of
agreement period. The agreement period shall include the “actual period” for which the work
was “suspended officially” and the extension of time permitted for any of the valid reasons
such as, war, natural calamities like, flood, earth quake, other risks arising out of acts of God
during the agreement period, work delayed due to the land acquisition process, change in
design, change in scope of work etc. in writing by the Tender Inviting for the work.

The Corporation Engineers concerned are empowered to arriving at the price variation and
also for making payments / recoveries, under this clause.

The formulas (e) for adjustment of prices are

(i) Adjustment for cement component

Price adjustment for increase or decrease in the cost of cement procured by the
contractor shall be paid in accordance with the following formula.

Vc = 0.85 x Pc x R x (Ci - Co)/Co

Vc = Increase or decrease in the cost of cement for the work done during the quarter
under consideration.

Pc = Percentage of cement used on the work during the period (total quantum of
cement shall be calculated based on the provisions allowable as per standard
data for each items involved in the work and the percentage of cement used
during the period shall be assessed based on the milestone fixed)

Co = Index number of whole sale prices in India for cement under table 39 or
Reserve Bank of India Bulletin released by the department of Economics

47 Bidder’s Signature
 Analysis & Policy, Reserve Bank of India for the Quarter in which the agreement
has been signed.

Ci = Index number of whole sale prices in India for cement under table 39 of RBI
Bulletin released by the Department of Economics Analysis and Policy, RBI for
the Quarter under reference in which the measurements recorded in the M-
Book to which the particular Bill payment is related.

(ii) Adjustment for steel component

Price adjustment for increase or decrease in the cost of steel procured by the
Contractor shall be paid in accordance with the following formula:

Vs = 0.85 x Ps x R x (Si - So)/So

Vs = Increase or decrease n the cost of steel for the work done during the quarter
under consideration.

Ps = Percentage of steel used on the work during the period (total quantum of steel
shall be calculated based on the provisions allowable as per structural design
calculations approved for each steel members / slab involved in the work and
the percentage of steel used during the period shall be assessed based on the
mile stones fixed)

So = Index number of whole sale prices in India for steel under table 39 of Reserve
Bank of India Bulletin released by the Department of Economics Analysis and
Policy, RBI for the Quarter under reference in which the agreement has been
signed.

Si = Index number of whole sale prices in India for steel under table 39 of RBI
Bulletin released by the Department of Economics Analysis and Policy, RBI for
the Quarter under reference in which the measurement recorded in the M-Book
to which the particular Bill payment is related.

(iii) Adjustment of POL in respect of Machineries use

Vf = 0.85 x Pf x R x (Fi - Fo )/Fo

Vf = Increase or decrease in the cost of POL for the work done during the quarter
under consideration.

Pf = The weightage of fuel component on the hire charge of machineries shall be

taken as 15% of the total hire charge.

Fo = Cost of POL on the date of agreement

Fi = Cost of POL as per the revision ordered by Indian Oil Corporation

R= Higher charge of the machinery involved for each item of work.

48 Bidder’s Signature
(iv) Adjustment of POL In Respect Of Conveyance

Vf = (Fi – Fo / Fo) x (1/4.50) x (1 / 5.66)

Vf = The increase / decrease in cost of fuel due to the revision in cost of fuel (diesel)
for the co-efficient 1.60 under column.5 for Sl. No.2 of the conveyance table
approved in Schedule of Rates.

Fi = Cost of fuel on the date of agreement,

Fo = Cost fuel as per revision ordered by Indian Oil Corporation.

4.50 = Average kilometer per litre,

5.66 = The load that can be carried by a lorry.

For the works eligible for cost escalation, Tender excess shall not be entertained except in rare
cases of non-input related difficulties.

Bonus as an incentive for advance completion of work not less than 10% of agreement period
will be considered and 1% on the value of actual quantities of works executed at tendered
rates will be paid to the contractor.

Liquidated damages will be imposed on the contractor for the lapses / short fall in achieving
the rate of progress as per existing schedule. The liquidated damages for the whole of the
work are will be filled up at the time of concluding agreement.

Amount per day

For Mile Stone 1 = Rs. 10,000/- per day

For Mile Stone 2 = Rs. 12,000/- per day

For Mile Stone 3 = Rs. 15,000/- per day

For Mile Stone 4 = Rs. 18,000/- per day

49 Bidder’s Signature
 RATE OF PROGRESS

Total Period of Completion: 3 (Three) Months From the date of Entering into
agreement including rainy season Work programmed achieving Milestones.

Name of Work: Development of Land, Approach Road, Internal paver block Road,
Solar street lights, Security room and Toilet facilities for proposed 3 MWp solar
power plant at Sirajudeen Nagar Sewage Water Treatment Plant (Package - II)

4 Mile Stones

st
1 Mile Stone : 20 %

nd
2 Mile Stone : 50 %

rd
3 Mile Stone : 85 %

4TH Mile Stone : 100% of work should be completed in all respects

50 Bidder’s Signature