Dredging Tender

7/30/2019 Dredging Tender

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Contractor Chief Engineer,FHPC, Ch-6.

GOVERNMENT OF TAMIL NADU

FISHERIES DEPARTMENT

FISHIG HARBOUR PROJECT CIRCLE,

D.M.S. CAMPUS, CHENNAI-6

Lr. No. DB / D1 / F.114 N / 11, Dated: 06.12.2012

Amendment to Tender Notice No.14/DB/D1/F.114 N/11, Dated: 30.10.2012 the

works in Sl. No.2, 6, 7 & 9 and Tender Notice No.13/DB/D1/F.114 N/11, dated

30.10.2012 the works in Sl. No.1, 2 & 3 tenders invited for is postponed to

19.12.2012

Postponed Tender Date: 19.12.2012

The tender documents can be downloaded from the online at free of cost from

10.12.2012 onwards.

1. www.tenders.tn.gov.in2. www.tntenders.gov.in

Chief Engineer,Fishing Harbour Project Circle,

TO Chennai - 6.

1. Notice Board.2. Contractors (as per list)Copy submitted to

Honble Minister for Fisheries, Secretariate, Chennai 6.

The Director of Fisheries, Chennai 6 for favour of information.Copy to : The Executive Engineer, Fishing Harbour Project Division, Chennai for

information and vide publicity.Copy to all the Assistant Executive Engineers of this Circle.Copy to the Special PA to Honble Minister for Fisheries.Spare copy to the Chief Engineer, PA to CE, Sr.D.O.


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GOVERNMENT OF TAMIL NADU


FISHIG HARBOUR PROJECT CIRCLE, D.M.S. CHENNAI-6

RATE QUOTED TENDER SYSTEM

Tender Notice .No.13/DB/D1/F.114 N/11, Dated:30.10.2012

1. For and on behalf of the Governor of Tamilnadu, the ChiefEngineer, FishingHarbour Project Circle, D.M.S.Complex, Teynampet, Chennai 6(here in

after referred to as the circle office) invites sealed tenders for the works asdetailed in the table. The tenderers may submit tenders for any or all of theworks, for the package or for any of the slices.

2. Tender documents (and additional copies) may be purchased from the circleoffice from 23.11.2012 to 11.12.2012, on requisition with non-refundable feeas indicated, in the form of Cash or Demand Draft on any scheduled bank in

favour of Executive Engineer concerned as per the annexure enclosed.

Interested tenderers may obtain further information at the same address. Tenderdocuments requested by mail will be despatched by registered/speed post on

payment of an extra amount of Rs.500/-. The circle office will not be heldresponsible for the postal delay if any, in the delivery of the documents or non-receipt of the same.

3. Tenders must be accompanied by security of the amount specified for the workdrawn in favour of Executive Engineer concerned as per the annexureenclosed. The tender security will have to be in any one of the forms asspecified in the tender document and shall have to be valid for 15 days beyondthe validity of the tender.

4. Tenders, must be delivered / produced in the circle office on or before 15.00hours on 12.12.2012 and will be opened on the same day at 15.30 hours, inthe presence of the tenderers who wish to attend. If the office happens to beclosed on the date of receipt of the tenders as specified, the tenders will bereceived and opened on the next working day at the same time and venue.

5. The eligibility criteria and other details may be seen in the tender documents.Any additional information required may be had from the circle office.


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6. The cost of Tender Schedule including Sales Tax which is not refundable underany circumstances shall be remitted in the Treasury or in the State Bank ofIndia (Treasury Branch) under the following Head of Account.

Cost of Tender Document:

0405 00 Fisheries800 Other ReceiptsAM Other receipts (0701) to the credit

of Executive Engineer, Fishing Harbour Project Division, Chennai.

VAT

0040 Sales Tax State Sales Tax receipt under Other receipts (D.P.Code No: 0040 AA 808)

7. The tender documents can also be downloaded from the on line at free of cost.1. www.tenders.tn.gov.in2. www.tntenders.gov.in

Chief Engineer,Fishing Harbour Project Circle,

TO Chennai - 6.

1. Notice Board.2. Contractors (as per list)Copy submitted to

Honble Minister for Fisheries, Secretariate, Chennai 6.

The Director of Fisheries, Chennai 6 for favour of information.

Copy to : AllExecutive Engineers for information and vide publicity.Copy to all the Assistant Executive Engineers of this Circle.Copy to the Special PA to Honble Minister for Fisheries.Spare copy to the Chief Engineer, PA to CE, Sr.D.O.


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ANNEXURE

Earnest

Money

Deposit(EMD)

Cost of the

Tender

Documents

S.

No. Name of work

Approximate

cost ofestimate

(Rs. in lakhs)

Period of

Completion

(Rs. in lakhs) Rs.

Eligibility

1. Construction of Quay Wall andLand side facilities for FishingHarbour at Colachel inkanniyakumari District..

1360.00 18 months 6.90

CostRs.15,000/-

+ VATRs.600/-

Class I contractand above.

2. Construction of Quay Wall andLand side facilities for FishingHarbour at Thengapattinam inkanniyakumari District..

1000.00 18 months 5.10

CostRs.15,000/-

+ VAT

Rs.600/-


3.Maintenance Dredging in theChannel and basin and provisionof facilities in the FishingHarbour at Spoil Island inCuddalore Port in CuddaloreDistrict.(Re Tender-Single Cover)

172.00 6 months 0.96

CostRs.15,000/-

+ VATRs.600/-



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GOVERNMENT OF TAMILNADU


FISHING HARBOUR PROJECT CIRCLE,

DMS, CHENNAI 600 006.

QUALIFICATION APPLICATION AND

PRICE TENDER TWO COVER SYSTEM

NAME OF WORK : Maintenance Dredging in the

Channel and basin and provision

of facilities in the Fishing

Harbour at Spoil Island in

Cuddalore Port in Cuddalore

District.

EMD AMOUNT : Rs.0.96 lakhs

VALUE PUT TO TENDER : Rs.172 lakhs

DATE OF TENDER : 19.12.2012

ISSUED FROM : 10.12.2012 to 18.12.2012


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FISHERIES DEPARTMENT FISHING HARBOUR

PROJECT CIRCLE CHENNAI-600 006

APPENDICES

APPENDIX-l TENDER NOTICE.

On behalf of the Government of Tamil Nadu Tenders will be received by the ChiefEngineer, Fishing Harbour Projects Circle, Chennai at his office upto03.00 p.m. on 19.12.2012 for the work of Maintenance Dredging in the Channel

and basin and provision of facilities in the Fishing Harbour at Spoil Island in

Cuddalore Port in Cuddalore District.

If the tenderer is a registered Public Works Department in Class-I contractorand if a certificate for the current year had already been produced by him during thecalendar year in which the tender is made it will be sufficient.

(or)

Experience in Dredging for a value of work not less than Rs.76.00 lakhs arealso eligible to participate in this tender.

The tenders should be in the prescribed form obtainable from Chief Engineer'sOffice, Fishing Harbour Projects Circle, Chennai. The tenders will be opened by theChief Engineer, Fishing Harbour Projects Circle, Chennai at the place and on the dateafore mentioned at 03.30 p.m.

The tenderers or their agents are expected to be present at the time of openingof tenders. The tender receiving officer will on opening each tender, prepare a

statement of the attested and un-attested correction therein and hand it over to thetenderer concerned. If any of the tenderers or their agents finds it inconvenient to be

present at the time, then in such a case the tender receiving officer will on pending thetender of the absence tenderer, make out a statement of the un-attested corrections andcommunicate it to him. The absentee tenderer shall then accept the statement of thecorrections without any question what so ever.

2. Tenders must be submitted in sealed covers and should be addressed to theChief Engineer, Fishing Harbour Projects Circle, Chennai, the name of the tendererand the name of the work; being noted on the cover.

If the tender is made by an individual, it shall be signed with his full name andhis address shall be given. If it is made by a firm it should be signed with the co-

partnership name by a member of the firm who shall also sign his own name and thename and address of each member of the firm shall be given. If the tender is made bya corporation, it shall be signed by a duly authorized officer who shall produce withhis tender satisfactory evidence of his authorization. Such tendering corporation may

be required, before the contract is executed to furnish evidence of its corporateexistence.

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3. Each tenderer must also send a certificate of Income Tax verification fromthe appropriate Income Tax Authority in the form prescribed therefore. The certificatewill be valid for one year from the date of Issue for all tenders submitted during the

period. In the case of proprietory or partnership firm it will be necessary to producethe certificate afore mentioned for the proprietory or proprietors and for each of the

partners as the case may be.

4. Each tenderer must pay an Earnest Money sum of Rs.96,000/- (RupeesNinety six thousand only) in the shape of small saving scripts/deposits/accounts onlyto the credit of the Executive Engineer / Fishing Harbour Project Division/ Nagercoil.In case if any demand draft is received with the tender the successful tenderer willhave to replace the demand draft with the small savings certificates duly enclosed infavour of the Executive Engineer.

This Earnest money will be refunded to the un-successful tendered on

application after intimation is sent of rejection of the tender or at the expiration of twomonths from the date of the tender whichever is earlier. The refund will be authorized

by the Chief Engineer/Executive Engineer by a suitable endorsement. The earnestmoney will not be received in cash or currency notes by Post office or Banks withinthe jurisdiction of the Officer calling for tenders.

The earnest money will be retained in the case of the successful tenderer andwill Lot carry any interest. It will be dealt with as provided in the tender.

5. (1) 1 he tender will remain valid for a period of 90 days from the last date forreceipt of tender. The validity period can be extended further if the contractor givenhis consent in writing specifying the period of extension.

(ii) The tenderer whose tender is under consideration, shall attend the ChiefEngineer/Fishing Harbour Projects Circle, Office, before the end of the periodspecified by written intimation to him. In the case, the tenderer fails to attend theoffice before the end of the specified period, his tender will not be considered. Heshall forthwith, upon and intimation being given to him of acceptance of his tender, bythe officer of duly authorised in this behalf under article 299(1) of the constitutionhere in after called the accepting authority make security deposit of 2 % of the valueof contract in one of the forms prescribed in Tamil Nadu works Account Code (i.e. bytaking into account of the amount of earnest money deposit already deposited with thetender it would be sufficient to pay the balance amount to make up the 2 % of thevalue of contract for the purpose of security deposit). The Security Deposit togetherwith earnest money Deposit and the amount withheld according to c1ause 64-1 ofGeneral conditions to the contract, shall be retained as security for due fulfillment ofcontract. If a cash security deposit is made by the contractor he shall follow the

procedure laid down in the preceding paragraph for payment of Earnest MoneyDeposit and such deposit shall not bear any Interest.

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(iii) On receipt of written communication of acceptance or tender if the tendererfails to pay the requisite security deposit within the, period specified in the writtencommunication or backs out from the tender or withdraw his tender, the earnestmoney deposit shall be forfeited to the Government.

If the contractor fails to carry out the contract, after paying the requisitedeposits then he will be liable for the excess expenditure if any incurred to completethe work as contemplated in the General conditions to the contract.

(iv) It shall be expressly understood by the tenderer that on receipt of writtencommunication of acceptance of tender from the accepting authority, there emerges avalid contract between the Governor of Tamil Nadu and the tenderer for execution ofthe work without any separate written agreement. Hence, for this purpose the tenderdocuments, i.e. tender notice tender offered by the contractor General conditions tothe contract, special conditions to the contract negotiation, correspondences, written

communication of acceptance of tender etc, shall constitute a valid contract and thatwill be the foundation of the rights of the both the parties to the contract.

(V) Provided that it shall be open the accepting authority to insist execution of anywritten agreement by the tenderer if administratively considered necessary orexpedient:

6. The tenderer shall examine clearly the Tamil Nadu Building Practice and alsothe General/conditions to contract contained therein, and sign the Circle Office copyof the Tamil Nadu Building practice and its addenda volume in taken of such study

before submitting his tender unit rates, which shall be for finished working site. Heshall also carefully study the drawings and additional specifications and all thedocuments connected with the contract. The Tamil Nadu Building practice and otherconnected documents with the contract such as specification Plans descriptivespecification sheet regarding materials etc., can be seen at any time between 10.00a.m. and 5.45 p.m. on office days in the office of the Chief Engineer, Fishing HarbourProjects Circle, Chennai to be struck out if such copies are not to be issued for sale.

7. The tenderers attention is directed to the requirements for materials under theclause Materials and workmanship in the general conditions to, contract.Materials/confirming to the ISI standards shall be used on the work and the tenderershall quote his rates accordingly.

8. Every tenderer is expected before quoting his rates to inspect the site of theproposed work. He should also inspect the quarries and satisfy him self about thequality and availability of materials. The names of quarries and load etc., where fromcertain materials are to be obtained will be given in the descriptive specification sheet,The best class of materials to be obtained from the quarries or other sources, definedshall used on the walk. In every case the materials must comply with the relevantstandard specifications, samples of materials as called for in the Standard specificationor in this tender notice or as required by the Executive Engineer in any case shall besubmitted for Executive Engineers approval before the supply to site work is begun. If

the contractor, after examination at the source of materials defined in the descriptive

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specifications sheet is of the opinion .that materials complying with the standard orother specifications of the contract cannot be obtained in quality or sufficient quantityfrom the source defined in the descriptive specification sheet he shall so stated in histender and state where from the intends to obtain materials subject to the approval ofthe Executive Engineers.

The Government will not however, after acceptance of contract rate pay anyextra charges for load or for any other reasons in case the contractor found later on tohave mis-judged the materials available. Attention of the contractor is directed to theGeneral conditions to contract regarding payment of seignorage, tolls, etc.

9. The tenderers particular attention is drawn to the sections and clauses in thegeneral -conditions to contract dealing with.

1. Test Inspection and rejection of defective materials and work'2. carriage

3. Construction plant.4. water and lighting.5. Cleaning up during- progress and for delivery.6. accidents.7. delays.8. particulars of payment

The contractor should closely peruse all the specification clauses which governthe latest which tendering.

10. A schedule of quantities accompanies this tender notice. It shall bedefinitely understood that the Government does not accept any responsibility for thecorrectness or completeness of this schedule and that this schedule is liable toalternatives by omissions, deductions or additions at the discretion of the ExecutiveEngineer, Fishing Harbour Project Division or the Chief Engineer, Fishing HarbourProjects Circle or as set forth in the conditions of the contract. The tenderer willhowever, base his lumpsum tender on this schedule of quantities. He should quotespecific rates for each item in the schedule and the rates should be written both inwords and figures and the units in words. The tenderer should also show the totals ofeach item and the grand total of the whole contract and quote in the tender a lumpsum

for which he will under take to do the whole work subject to the conditions ofcontract, such lumpsum agreeing with total amount of schedule. This scheduleaccompanying the lumpsum tender shall be written legibly and free from erasures,ever writings or conversion of figures. Corrections where unavoidable should be made

by crossing out initialing, dating and re-writing.

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11. Tenderers offering a percentage deduction from or increase on the estimateamount except in the case of tender for maintenance and repairs works, called forspecifically under percentage rate tender system, and those not submitted in properformer in due time will be rejected.

12. The tenderer should work out his own rates without reference being made toPublic Works Department current Schedule of rates, or Public Works Departmentestimates. However the case of tenders called for under percentage rate tender system.

The tenderer should work out his own rate, but quote his percentage rate above orbelow the total estimate cost of work of the department indicated in the tenderschedule.

The price of which and the source from which certain particulars - materials shall

be obtained by the contractor are given at the end of the schedule accompanying thetender form. Tenderers must accept the materials at these prices and shall quote therates for finished works accordingly. Not withstanding any subsequent change in themarket value for these materials the charge to the contractor will remain as originallyentered in the written contract. No centage of incidental charges will be borne byGovernment in connection with this supply.

14. The attention of the tenderer is directed to the contract requirements as tothe time of beginning work, the rate of progress and the dates for the completion ofthe whole work and its several parts. The following rate of progress and proportionate

value of works done from time to time as will be indicated by the ExecutiveEngineer's certificates of the value of work done will be required. Date ofcommencement of this programme will be the date on which the site or premises/ishanded over to the contractor.

Period after date of 2 months Percentage of work completed based [on contractCommencement. lumpsum amount.

Note: The periods to be entered in Co1. 1 for the purpose of defining the rate ofprogress may be fixed by the Chief Engineer or Executive Engineer to suit

each case.15. No part of the contract shall be sublet without written permission of the

Executive Engineer nor shall transfer to be made by power of attorney authorisingothers to receive payment in the contractor's behalf.

16. If further necessary information is required the Executive Engineer of thedivision will furnish such but it must be clearly understood that tenders must bereceived in order and ac cording to instructions.

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17. The Chief Engineer or other sanctioning authority reserve the right to rejectany tender or all the tenders without assigning any reason thereof

18. The tenderers who are themselves' not 'professionally qualified shall undertaketo employ qualified technical men and their cost to cook after the work. The tenderershould state in clear terms whether they are professionally qualified or whether theyundertake to employ technical men required by the department specified in theschedule below for the work. In case, the rejected tenderer is professionally qualifiedor has undertake to employ technical men under him, he should see that one of thetechnically qualified men is always, at the site of the work during working hours

personally checking all items of works and paying extra attention to such works asmay demand, special attention ego reinforced concrete works etc.

In the format below: enter or incorporate the latest norms fixed by theGovernment for the employment of technical assistant fromtime to time and penaltyfor non-employment of such Technical Assistant etc.

THE SCHEDULE.

S.No. Value of contract. Qualification and No. of Technical Assistants to beemployed.

1. Upto Rs.1.00 Lakh No Technical Assistant to need be employed. Ifsituation and nature of work warrants a diplomaholder in civil engineering or a retired JuniorEngineer may be employed.

2. Rs. 1.00 lakhs to One diploma holder in Civil Engineering (or)notRs. 5.00 lakhs less than one retired Junior Engineer.

3. Rs. 5.00 lakhs to One B.E. (Civil) or equivalent degree holder or notRs. 10.00 lakhs lees than one retired sub-divisional officer/AEE or

ADE or one diploma holder with three yearsexperience.

4. Rs. 10.00 lakhs to One B.E. (Civil) or equivalent degree holder withRs. 25.00 lakhs three years experience in Civil Engineering works

or not less than one retired sub-Divisional OfficerPubs one diploma holder in Civil Engineering ortwo diploma holders in Civi1 Engineering withthree and five years experience respectively.

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5. Rs. 25.00 lakhs to One B.E. (Civil) or equivalent degree holder withRs. 50.00 lakhs three years experience or not lese than one retired

sub- Divisional Officer retired Asst. Executive

Engineer or ADE/Plus two diploma holders in CivilEngineering or two retired Junior Engineers.

Alternative.

One B.E. (Civil) or equivalent degree holder withthree years experience or not less than one retiredsub-divisional Officerand one more B.E. (civil) orequivalent degree holder.

6. Above Rs.50.00 lakh To be examined in individuals case depending onthe nature of work and the technical skill involvedand defined in the tender notice regarding thenumber of qualified technical personnel to beemployed by the contractor.

Note : 1 Item 1, 2,3,4,5, or 6 should be scored out in case of where not applicableto the particular work.

2. Penalty of Rs.2000/- per month for diploma holder and Rs. 5000 & per monthfor degree holder be levied in case of default on the part of contractors following thenorms laid down above.

3. The employment of technical assistants could be based only on the value ofcontract. Engineers with Mechanical Engineer qualification and retired from CivilEngineering Department are also sub-table to supervise the Civil Engineering works

because of their experience in Civil Engineering field.

4. In case, the contractor who is professionally qualified if' not in a position toremain always at the site of work and to pay extra attention to such work as maydemand special attention eg. R.C.C. work etc. he should employ technical qualifiedmen as prescribed above.

5. It will not be incumbent on the part of the contractor to employ technicalassistant/assistants when the work is kept in abeyance due to valid reasons and ifduring such period in the opinion of the Executive Engineer the employment oftechnical Assistant/Assistants is not required for the due fulfillment of the contract.

19. Tenderers who have not already registered them selves as PWD contractorsshall furnish evidence of good record and capacity to do works.

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20. A tenderer submitting a quotation which the tender accepting authorityconsiders excessive and/or indicative of the insufficient knowledge of current, pricesor definite attempt at profiteering will tender himself liable to be debarred

permanently from tendering or for such period as the tender accepting authority maydecide. The tender rates should be based on the controlled price for materials price

permissible for the tenderer to charge a private purchaser under the provision ofclauses 8 of hoarding and profiteering prevention ordinance 1943 as amended fromtime to 1ime and on similar principles in regard to labour and supervision in theconstruction.

21. The contractor should offer employment to extoddy tappers as far as possible.The number of extoddy tappers to whom he can and he should undertake in thecontract to offer such employment such number.

NOTE: This paragraph should be score dint if the cost of the work involved is lessthan Rs.10,000

22. The contractor shall comply with provisions of the apprentices Act 1961 andthe rules and orders issued there under from time to time if he fails to do so, his failurewill be a breach of the contract and the competent authority may at his discretion,cancel the contract of invoke any of the penalties for the breach of contract providedin the conditions of contract. The contractor shall also be liable for any pecuniary

liability arising an account of any violation be him of the provision of the Act.Contractor shall during the currency of the Contractor, ensure engagement of theapprentices in the categories mentioned below who may be assigned to him by theDirector of Employment and Training/ State Apprenticeship Adviser, Tamil Nadu.The contractor shall train them as required under the Apprentices Act, 1961, and therules made there under and shall be responsible for all obligation of the employerunder the said Act including the liabilities to make payments to the apprentices asrequired under the said act.

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Value of contract category. No. to beappointed.

Rs.1.00 lakhs and upto 1. Building constructor 1Rs. 5.00 lakhs 2. Brick layer 1

Above Rs. 5.00 lakhs 1. Building Constructor 1And upto Rs. 10.00 lakhs 2. Brick layer 1

3. Diploma Holder in CivilEngineering 1

Above Rs. 10.00 Lakhs 1. Building Constructor 1And upto Rs. 50 lakhs 2. Brick Layer 1

3. B.E. (civil) or equivalentDegree holder 1

Unless the contractor has been exempted from engagement of apprentices by theDirector of Employment and Training/State Apprenticeship adviser, a certificate tothe effect that the contractor bad discharged his obligation under the said act,satisfactorily should be obtained from the Director of Employment andTraining/State; Apprenticeship Advisor and the same should be produced by theContractor for final payment in the settlement of the contract.

23. The contractor should employ one I.T.I. mason for every ten masons or partsthereof. In case of non availability of I.T.I. trained masons the contractor shouldobtain the prior approval of the Executive Engineer concerned before proceeding withthe contract with the other kind of masons.

Clause 24: In case of contracts for construction of building either permanent ofsemi permanent buildings, a sum equivalent to 2.5 per cent of the value of work donewill be retained with the Government for a period of two years reckoned from thedate of completion ofthe work in order to enable the departmental Officers to watchthe effect of all season on the work done by the contractor. The amount so retained

with the Government will be refunded only on the e7piry of two years period referredto above and on execution of indemnity bond by the contractor for a further period ofthree years. The Contractor shall be liable to set right all de1fects arising out hisfaulty execution or sub standard work noticed during the above five years period athis cost.

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TENDER DATE

ToExcellency the Governor ofTamil Nadurepresented by theChief Engineer/Executive Engineer, Circle/Division.

Sir,I/we do hereby tender and if this tender to accepted undertake to execute the

following work viz as shown in the drawings and describing in the specificationdeposited in the office of tile Chief Engineer/ Executive Engineer Fishing HarbourProjects Circle/ TPIU Division with such variation by way of alterations of additionsto and omission from the said works and method of payment are provided for in thecondition of contract for the sum of (Rupees in figures and words)

or such other sum as may be arrived at under the clause of the Generalconditions to relating to payment of lumsum basis or by final measurements at unit

prices.

12. I/we have also completed the priced list of items in schedule. Annex (In wordsand figures) for which I/we agree to execute the work and receive payment onmeasured quantities as per the General conditions to the contract.

3. I/we do hereby distinctly and expressly declare and knowledge that before thesuspension of my or our tender. I/we have carefully followed the instructions in thetender notice and have read the Tamil Nadu building practice and the Generalconditions of the contract therein and the Tamil Ndl1 Building practice addendavolume and that I/we have made such examination of the contract documents and ofthe plans, specifications, quantities and of the location, where the said work is to bedone and such investigation of the work required to become and in regard to thematerials reqi1ired to be furnished as to enable to thoroughly understand the intension

of the same and the requirement, covenants, stipulation and restrictions contained inthe contract and the said plans and specifications and distinctly agreed that I/wehereafter we will not make any claim or demand upon the Government based uponarising out of any alleged misunderstanding or misconception of mistake on my/our

part of the said requirements, covenants, stipulated restriction, and conditions. .

4. I/we enclose the income tax verification certificate.I/we being a registered Public Works Department contractor.

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I/we have already produced an Income Tax verification certificate during thecurrent calendar year in respect of (there particulars or the previous occasions whichthe certificate was produced should be given.) The legal address of the contractors forservice of all letters and notices will be as follows;

5. (1) (a) I/we enclose herewith for the payment of the sum of Rs.(to be entered in words and figures) as Earnest Money not to bear interest.

6. (i) (b) J/we have paid Rs.96,000/- (Rupees Ninety six thousand only) as to pay theEMD at rates.

7. (i) (c) in lieu of cash Date I/wehave enclosed a bearing No.

Date issued by for a value of Rs. (Rupees) drawn/endorsed/pledged in favour of the Executive

Engineer, TPIU Division, Chidambaram.

8. (i) (d) I am/we areand hence exempted from payment of E. M. D.

9. If my our tender is not accepted sum shall be returned on my/our applicationswhen intimation is sent to me/us of rejection or at the expiration of two months fromthe date of this tender, whichever is earlier. If tender is accepted Earnest Money shall

be retained by the Government as Security for the due fulfillment of contract. If uponintimations being given to me/us by the authority authorised by the Governor under

article 299 (1) of the constitution (herein after called the accepting authority ofacceptance of tender I/We fail to make the additional Security Deposit, then I weagree to the forfeiture of Earnest Money Deposit. Any notice required to be served onme or us hereunder shall be sufficiently served on me or us it declared to me or us

personally or forwarded to me or us by post (Registered or Ordinary) Orleft at my orour address given herein. Such notice shall. If sent by post be deemed to have beenserved on me or us at the time when in due course of post it would be delivered at theaddress to which It is sent.

10. I/We fully understand that an receipt of Communication of acceptance of

tender from the accepting authority there emerges a valid contract between me/us andthe Governor of TamilNadu and the tender documents i.e. tender notice tender withSchedules general conditions to the contract and special conditions of the tender,negotiation letters, communication of acceptance of tender shall constitute the contractfor this purpose and be the foundation of rights of both the parties, as defined in clause(iv) of tender notice provided that it shall be open to the accepting authority to insiston execution of any written agreement by tenderer, if administratively considerednecessary or expedient.

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11. I/We have also signed the copy of the Tamil Nadu Building practice andNation Building code and addenda volume there to maintained in the DivisionalOffice, in acknowledgment of being bound by all conditions of the clauses of theGeneral conditions to the contract and all specifications for items of works described

by a specification number in Schedule A

12. In consideration of the payment of Rs and such of the sum as maybe arrived at under the clause of the General conditions to the -contract, relating topayment on lumpsum basis or by final measurement at unit prices. I/We agree subjectto valid condition to execute and complete the works shown upon the said drawingserially from Number 1 inclusive (schedule B) and described in the specific actions(schedule C) and to the extent of probable quantities shown in Schedule A with suchvariations b)' way 01 alteration of, addition. to or deductions from the said work andmethod of payment there for as are provided for in the said condition.

13. (1) The terms Executive Engineers in the said conditions shall mean theofficer in charge of the Division having jurisdiction for the time being over the workwho shall be competent to exercise 811 the powers and privileges herein favor of theGovernment with the previous sanction of or subject to ratification by the competentauthorities in case where such sanction or ratification may be necessary and who has

been duly authorised under article (1) of 11.e constitutions.

(2) In the event of the work being transferred to any other Circle,/Division/SubDivision the Chief Engineer/Executive Engineer/Assistant Executive Engineer who isin-charge of Circle/Division/Sub Division having jurisdiction over the work shall becompetent to exercise all the powers and privilege reserved in favour of Government.

14. I/We agree that the time shall be considered as the essence of this contractand to commence the work as soon as this contract is accepted by the competentauthority as defined by the Tamil Nadu Public Works Department code and site (or

premises) as handed over to me/us provided for in the said conditions and agree tocomplete the work within 6 months From the date of such handing over of the site (or

premises) and to show progress as defined in the tabular statement rate of progress"subject never the less to the provisions for extension at time contained in clause 56 ofthe General conditions to the contract appended to the Tamil Nadu Building practice.

15. I/We agree that upon the terms and conditions of this contract being fulfilledand performed to be deposited by me/us and as herein before recited of such por1ionsthere of as I/We may be entitled to under the said conditions be paid back to me/us, as

provided in clause 64 of the general conditions to the contract.

16. I am/we are professional qualified and my/our qualifications are as follows:

I/We in pursuance of the clause of tender notice undertake to employ thefollowing technical staff for Supervising the work and will see that one of them isalways at site during working hours personally checking all items of works and

playing extra attention to such works as may be required special attention e.g.,

re-inforced cement concrete.

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Name of technical staff proposed to be employed. Qualification and experience.

1.2.3.

17. I/we agree that the arbitrator for fulfilling the duties said forth in the arbitrationclause of the General conditions to the contract shall be"

(i) The Superintending Engineer of the Public Works Department concernedTerritorial Circle in case: the value of claim is upto Rs. 50,000 and (ii) I/we agree thatin case the value of claim is Rs. 50,001 and above, the remedy will be through thecompetent civil court only.

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ANNEXURE TO TENDER NOTICE

SCHEDULE A

SCHEDULE OF RATES AND APPROXIMATE QUANTITIES

SCHEDULE A

a. The quantities here given are those upon which the lumpsum tender cost of thework is based but they are subject to alterations, omissions, deductions or additions a s

provided for in the conditions of this contract and do not necessarily the actualquantities of works to be done. The unit rate of below are these governing payment ofextras or deductions, omissions according to -the conditions of the contract in theGeneral conditions to the contract of the practice and other conditions orspecifications of tender.

b. It is to be expressly understood that the work is to be taken note(notwithstanding any custom provide the contrary) according to the actual quantities

when in and finished according to the drawing or as may be ordered from time to timeby the Executive Engineer and the cost calculated by measurement or weight at therespective prices, without any additional charge for any necessary and contingentworks conducted therewith. The rates quoted are for works in site and complete inevery respect.

Item Probable quantity Description TNBP Rate Unit Amounts.number figures of work. number. ----- ----- -----------

* words words figures.figures.

(1 ) (2) (3) (4) (5) (6) (7)

vide attached Separately

Signature of contractor

*The second sub division of this column (ie.) column 3 is entering description inwords such as numbers cubic meters etc.,

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SCHEDULE 'B'

'List of Drawings Supplemental List

Note: All drawings to be signed by As referred to in the speculations includingthe contractors as well as the officer the general conditions to the contractengaging into the contract. of Tamil Nadu Building practice.

Serial Drawing Description Serial Drawing Description Date onNumber number number number which the

drawingwas

supplied..(1) (2) (3) (4) (5) (6) (7)


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SCHEDULE 'C'

List of specifications for the various items of supplementing those described inschedule A by standard numbers.

1. The contractor shall employ the following technical assistant supervising thework and shall see that one on then is always at site during working houses personallychecking all work and paying extra attention to such works as may demand specialattention e.g. reinforced concrete work, etc.

Name of the members of the Technical staff: Qualificationsto be employed.(1) (2)

Note: In case the contractor is himself professionally qualified the above specificationshould be suitably altered and in case in which the contractor selected has not givenon undertaking to employ, qualified men it should be scored out.

Note: Additional specifications, if any, which have to be entered in schedule '0' shouldbe entered below item (1) above and numbered continuously.

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APPENDIX IV

Descriptive specification

Materials :

1. Size alternative to standard specification sizes Source from which Approximateor size prescribed mortars and concrete item is to be lead.

obtained

2. Mixes prescribed, if deviation fromstandard specification

3. Masonry joint thickness and deviations.

Vide Separate sheet attached

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ADDITIONAL CONDITIONS.

1. The E.M.D. will be accepted in the shape of Deposit at call receipt, DemandDraft, National Savings Certificate, Postal Deposits, Postal savings accounts /pledgeddrawn in favour of Executive Engineer concerned.

2. 2 per cent of the total value of work withheld will be retained for a period of 1years from the date of completion of work. After 1 year an indemnity bond for afurther period of 3 years should be produced. The other amount including SecurityDeposit will be refunded after completion of six months.

3. The tenderer should furnish list of equipments, tools and plant, lorries etc., intheir possession for ready use on the works.

4. Period of contract, completion of work and extension of time.This work has to be completed within the stipulated period of 6 months.

If the work is not completed and if the progress of work in respect of the progress

stipulated at Schedule Appendix I tender notice para 14 of the tender/agreement isunsatisfactory, the Super intending Engineer may at his discretion at any time duringthe period of Contract terminate the contract and have the balance works carried out

by any other agency as found necessary and suitable. However, if the contractor is notable to complete the work within the stipulated period, and if he desires he may seekextension of the period of contract by specified reasonable period by making anspecified application well in advance and at least 15 days before the expiry of the

period, of contract in which case such application will be considered without prejudiceand if the same does not involve loss to Government, provided the Contractor also.stipulates stating specifically he will carry out the work in the period of extension

sought by him at the same rates as in his original contract and that he will not raiseany claim far escalation of rates at any time there after. No extension will be grantedunless the contractor as stipulates and should the contractor not seek, extension of thecontract within 15 days of expiry of the period of can tract, no bills will be payableafter the expiry of the period of contract. The Chief Engineer may then at hisdiscretion take such necessary steps to determine the works and carry out remainingwork through any suitable agency.

5. The Determination of the contract referred to in clause 57 (i) shall carry with it theforfeiture Security deposit.

6. Third party supervision consultant may be provided for assisting and monitoringthe progress of work. The contractor shall utilize their services for achieving thetarget.7. The Technical Assistants and Apprentices employed by the Contractor should signdaily the attendance register maintained at the site of work by the DepartmentAssistant Executive Engineer'Section Officer. And failure of the attending TechnicalAssistants and Appendices on the same analogy as far the unemployment of TechnicalAssistants and Apprentices on the same analogy as for the unemployment ofTechnical Assistants and the same penalty detailed at para Appendix-I Tender NoticePara No. I, 22 will be applicable far the absence of Technical Assistants and

Apprentices.

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8. The works in Fisheries executed by the Contractor under the contract shall bemaintained at the Contractor's risk until the work is taken over the ExecutiveEngineer. The Contractor shall accordingly arrange his own insurance against tire,

flood, volcanic eruption, earthquakes other convulsion of nature and other naturalcalamities arising out of acts of God, during such period and that the Governmentshall not be liable for any loss or damages occasioned by or arising out any such actsof God. The option whether to rise insurance concise or not to color such risks is leftto the contractors.

9. Provided however that the Contractor shall not be liable for ail or any loss ordamages occasioned by or arising out of acts, of foreign enemies, invasion, hostilitiesor war like operations (before or declaration of war) rebellion, military or usurped

power .

10.Recovery of Money from Contractor in certain, cases:In every case in which provision is made for recovery of money from the

Contractor. Gov8rlJment shall be entitled to retain or deduct the amount thereof fromany money that nay be due or may become due to the Contractor, under these presentsand or under any other contract or any other account whatsoever.

11. Recovery under Revenue Recovery Act:

Whenever any amount has to be paid by the Contractor in view ofdetermination of the contra by virtues of clause 57 A or any amount than any an outthey may be due or may before due from the Contract or under these presents andthe contractor is not responding to the demands for the payment of the said amount,then the Government shall be entitled to recover the paid amount under the

provisions of the Tamil Nadu Revenue Recovery Act 1864 (Tamil Nadu Act V of1864) "

12. Seniorage Charges:........

Seniorage or charges due for use of private quarries private lands,Government quarries, Government lands shall be paid by the Contractor.

13. The sheds for storing materials should be put up by the contractor at his owncost, he shall also provide necessary water supply health find sanitary arrangementsto the labourers engaged on work as per Appendix I of the General' conditions ofContract in TNBP as appended to TNBP VI. II at the Contractors Cost.

14. Additional items of work not contemplated in the tender/contract scheduleshould not be executed without the written orders of the Executive Engineer

payment for each Items will be made only after the rates for the items are settled inadvance accepted by competent authority.

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15. The Contractor shall take out license under the explosive rules 1940 andsubsequent an amendments for the use of Gun power Golletin and other blastingmaterials required by him.

16. If night works ordered to fulfill the agreed rates of progress all arrangements shallbe made by the Contractor inclusive of lighting without any claim for extra payment.

17. The Contractor shall produce sales tax and income tax clearance certificate for thecurrent period before the final bill is paid, to the Executive Engineer in charge of thework for perusal and return.

18. The department reserves the right to a bonbon the work at any stage if necessityarises and the contractor will be paid only for finished items of works.

19. In the even of there being no distinct satisfaction either in TNBP or in the

additional specifications attached to this contract, the work shall be carried out in allrespects in accordance with the instructions and requirement of the ExecutiveEngineer.

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SPECIAL CONDITION

On evaluation of tender if it is found that the overall quoted amount of thetender is less than 5 to 15% of the value put to tender, the Contractor shall payadditional security at 2% of the estimated value. If the tender discount exceeds 15% to20% the contractor shall pay an additional security deposit of 50% of the difference

between the quoted amount and estimate amount. Failure to furnish the additionalSecurity Deposits within 15 Days from the date of receipt of acceptance Order andexecute the agreement shall entail cancellation of award of Contract and forfeiture ofE.M.D furnished.

SPECIAL CONDITION FOR RECOVERY OF SALES TAX

The tenders should be required to indicate the registration number under theTamil Nadu General Sales Tax Act 1959 in the tender form and produce sales taxclearance certificate issued by the Commercial Tax Department before final settlementof bills.

According to the notification issued by the Commissioner of sales tax Chennaiwith regard to "Deduction of Sales Tax at source in respect of works contract in the"TAMIL NADU GOVERNMENT GAZETTE, CHENNAI Ct. 31-05-99 a new

provision under 7F for deduction of sale tax at source is introduced in the Tamil NaduGeneral sales Act 1959 by Tamil Nadu Act 15 of 1999 with effect from 1Q..06-99. As

per this new section of this act, at the time of payment, deduction at 2% (Two percent)in respect of civil works and 4% (Four percentage) in respect of all other works fromthe total amount payable to the contractors a/me amount so deducted shall bedeposited to the Assessing Officer concerned with in "SEVEN" days.

CHILD LABOUR ERADICATION ACT(G.O.MS.No.53ILabour and Employment (U2) Department Dated: 12-05-2003

"The work contract assigned to the contractors shall be canceled if theyengage child labour in executing works and such contractors should be

black listed for three years"

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SPECIAL CONDITION FOR SUPPLY OF

CEMENTAND

STEEL BY CONTRACTORS IN WORKS.

1.I clauses/condition to be Included In the contract and agreement:

a) CEMENT: Only O. P. C. Cement

i) To be procured from authorised stockiest and dealers with details of printing in

the cement bag as approved by 151 and OPC cement bags in black color.

ii) All cement quantity should be supplied in paper bags only at site of work.

iii) Test certificate to be obtained from Government institutions and Quasi

Government institutions only by mentioning the name of work and period of

contract and should not be from private institutions.

iv) The following minimum content of content of cement is to be ensured in use for

works as specified in IS : 450-1978 Table-19 according to conditions stipulated

against each.

Also specific approval of the Executive Engineer I Chief Engineer concerned

according to the value of work, for the quality of the cement before use on

work should be obtained.

b. STEEL

i) To be procured from authorised dealers and test Certificate for strength as well

as for unit weight to be procured before use in order to as certain the size offered

and quantum of steel actually used in the work.

ii) Excessively rusted steel rods should be rejected.

iii) To be delivered at site of work and to be under the custody of contractor only. Iv)

Use of steel rods shall confirm to the structural designs approved for the work.

v) Steel supplied shall confirm to standard specifications specified in tables: 16 of

IS : 456-19.78 as detailed below:

a." Mild Steel - Grade of IS : 432IPart I 1966

b. HYSD Bars - IS : 178-1986

c. Cold Worked - IS : 786-1979 (Grade F3 415)

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vi) Steel manufactured from the waste steel through the progress of re-rolling shall be

rejected, since guarantee for the strength and quality is not certified by the

authorized dealer or by the manufacturers.

vii) Also specific approval of the Executive EngineerIChief Engineer

concerned according to the value of work for the quality steel before use on works

should be obtained.

2. FI.ELD PRECAUTIONS:

1. Minimum cement content for each six (nominal-volume basis) as sp.8clfled In IS:456-1978 Table NO.3 is to be ensured.

2. The exact quantity of cement bags actually used in the work should be accountedfor by the Assistant Engineer and it should be completed with Theoreticalcement Adequacy statement.

3. Similarly the exact (actual) quantity of steel used in the work should be measuredand compared as' per designs approved.

4. The Test certificate for the quality of cement and steel should be obtained by thecontractors only from State and National Institutes controlled by the Government(Government Engg. Colleges and Polytechnics and not by Self-financing Engg.Colleges and Polytechnics).

5. The Grade and Brand name of cement and steel used in the agreement (Thestrength Test) Certificate for the concrete cubes taken from the concrete at siteshould be furnished.

6. If designed mix of concrete issued (if specified in the agreement) The StrengthTest Certificate for the concrete cubes taken from the concrete at site should befurnished.

7. Facilities available in the Building Centre Division and S. M. & R. Division,Chennai may be utilised for this purpose. A table furnishing physicalcharacteristics requirements of various Grades I)f Cement is appended forreference.

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TABLE: PHYSICAL CHARACTE RISTIC

REQUIREMENTS OF CEMENT (OPC)

S.No. Characteristic 33 Grade 43 Grade 53 Grade

IS : 269-1989 IS: 8112-1989 IS : 12269-19891. Minimum compressive

strength in N / s.q. mm.

3 days 16 23 27

7 days 22 33 37

28 days 33 43 53

2. Fineness' (Minimum)

(sq.m. / Kg.) 225 225 225

3. Setting time (Minutes)

Initial (Minimum) 30 30 30

Final (Maximum) 600 600 600

4. Soundness, Expansion

Le Chartleier (Maximum) mm 10 10 10

Autoclave test (Maximum) % 0.80 0.80 0;80

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CHAPTER-I.

1. Supply of plant, materials and labour:

Except where otherwise specified the contractor will at his own expense supply andprovide all the construe optional plant, temporary work materials both for temporaryand for permanent works, labour (including the supervisory staff on labour) transportto and from the site and In and about the works and other things of every kindrequired for the efficient construction and maintenance of the works. He shall keep thevarious plants and machinery in proper maintenance and efficient conditions:

2.Works programme.

The components of the work as well as the items involve d in the constructionsof each component are closely interlooking and inter-dependent.

3. A well defined programme preferably in the form of PER.T /CPM net work isessential to co-ordinate the Construction activities without interruption. Further

particulars attention is required on the item of foundation preparation as otherwisethere would be severe slippages the construction schedules.

The, contractor shall therefore furnish along with the tender schedule givingprogramme his Construction elaborating the item wise quantities monthly progress

period of construction so as to complete the work pertaining the time stipulated in thetender. He should also give details of method of execution proposed to be accepted. Itmay be noted that the tender without the work programme is liable to be summeryrejected.

4.1. All recipients of the documents for the purpose of submitting a tender (whetherthey submit a tender) shall treat the contents of the documents as private andconfidential. The documents are not transferable.

4.2. All accompaniments to the tender shall be in original it must be clearlyunderstood that the rates quoted in the tender are to include everything required to bedone in the instruction for tendering, Tender condition of contract specifications, billof quantities schedule and raging referred to therein and also for all such works as isnecessary for the proper completion of the contract although specific mention thereofmay have been omitted. The rates for finished items of works and should be inclusiveof cost of all materials labour hire charges of tools and plant ladder scafolding andincidentials necessary carrying out the works.

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4.3. All the conditions applicable to the Central or State Public works Dept.including safety code, rules for the protection of health and sanitary arrangements forworks employed and labour regulations shall apply to this contract also.

4.4 Each tenderer must also send a certificate of Income tax verification and SaleTax clearance certificate of from the appropriate authorities in the forms prescribedthere for (The tenderers who are engaged in. works contract as well as in the

business of selling materials as such should be produced such Nil certificate).

4.5. Each of the certificates will be valid in all tenders the last date of receipt ofwhich fails within the validity period fixed by the authority issuing the certificate.

4.6 In the case at property or partnership firm it will be necessary to produce thecertificate above mentioned for the proprietor or proprietors and for each of the

partners as the case may be.

47. If the tender is a Registered PWD contractor and if the certificate of IncomeTax verification and Sale Tax clearance certificate for the current year have already

been produced by him during the calendar year in which the tenderer is made, it willbe sufficient if the particulars regarding the previous occasion on which the saidcertificates were produced are given.

4.8. The contractor will be solely responsible for the payment of Sales Tax underthe provision . of Madras General Sales Tax Act, 1939 as in force for the time beingand rates for the various items of works shall be unaffected by and change that may bemade from time to time In the rates which such tax is payable.

All tenders received without the certificate as aforementioned or without theparticulars refereed in the previous S1' b-paragraph are liable to be rejected.

4.9. The entire work may be entrusted one single tenderer or may split up and thework under the schedules may be entrusted to two more different parties. In such anevent the contractor carrying out the relevant work entrusted to them shah work inclose co-ordination without causing any delay or hindrance to other agencies.

4.10. Intermediate payment will not be made unless the value of the work done andmeasured upto date amounts to Rs. 1000 or more part rate on the work done will beallowed by the Executive Engineer under special circumstances of the specific requestof the contractor after deducting suitable amount according to the nature of the workto safeguard the interest of the Government. The decision of the Executive Engineerwill be the final in this matter unless otherwise ordered by the Chief Engineer.

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4.11 Approach:

The Contractor should make his own arrangements at his cost to provide approachanother temporary construction required during the execution of work. The contractorshall obtain specific approval in writing or other temporary contraction and also forusing the department road from the Executive Engineer in charge of the work. Theapproach road up to the beach limits is available and the tracts at the work site for themovement of vehicles should be formed by the contractor if any is required at his owncost and no payment will be made by the department for the tracts formed bycontractor at the site for his own convenience. The contractor as to maintain the roadafter formation till the period of contract is over at his own cost.

4.12. Explosive;

The contractor shall make out license under the explosives rules, 1940 andsubsequent amendments for the use of Gun-powder, jelatine and other blastingmaterials required by him.

4.13. If night work if ordered to fulfill the rates of progress all arrangements shallbe made by the contractor inclusive of lighting without any claim for extra payment.

4.14. The royalty charges (seniorage) due for use of private quarry and privateyards shall be paid by the contractor. No plot rent shall be charged for materialsstocked on the Government land during the course of constructions provided all suchmaterials are removed within 15 days after the w0rk is completed. The plot rent fixed.

by the Executive Engineer, incharge of the work will be final over and above the limitspecified above. It will be the responsibility of the contractor to obtain necessary andfor stocking the materials for the proper execution of the work.

4.15. The Depe1rtment reserves the right to abandon the work at any stage ifnecessity arises and the contractor will be paid only for finished items of work.

4.16. The entire work should be carried out as per specification in the Tamil Nadu

Detailed Standard Specification and Tamil Nadu Building Practice.

4.17. The rate specified in the schedule for the different items of works are for thefinished work and no extra rate will be paid for b3iling, pumping of water, shoring,strutting, etc. All bailing and pumping charges, incidental on the work shall be borne

by the contractor.

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4.18. The Engineer shall not at anytime be liable for the loss or injure to any of thesaid constructional plan, temporary works or materials of the contractor for theworkers and employers of contractor.

4.19. The contract shall be carried out in strict accordance with the M.D.S.S. andvolumes and TNBP clean fresh water shall be used for the work.

4.20. The contractor shall make his own arrangements for water and shall meet allcharge there for The Special attention of the contractor is drawn to the clause 35 (1) ofthe preliminary specification in the M.D.S.S. approved in G.O Ms. No.658, PWD,dated 23

rdDecember 1970 regarding water and light.

4.21.(a) The Engineer in charge should certify that the construction isstructurally soured in spite use of cement.

4.22 (b) if the work is not certified as structurally sound, the same has to bepulled down and re-done according to specifications. No payment will make for suchpulling down or recreation.

The provisions of the foregoing sub-clause shall apply in the case of steelreinforcement or structural steel sections, except that theoretical quantity of steel shall

be taken as the quantity required as per design or as authorized lappages, plus 5percent wastage due to cutting into pieces.

4.23 Levels, sounding and charges:

The contractor shall provide all assistance, instruments, Machines, Labour andmaterials as ate normally required for taking levels and soundings for the preparationof level charts and cross sections before commencement of work and after executionof works. The contractor shall provide at his own expense experience attendants forthe Engineer's representatives to assist him in taking levels and checking ofalignments.

4.24 Inflammable stores;

The contractor shall comply with all central local regulations in respect of safestorage of all inflammable stores or other materials involving risk to third parties andshall take all special precautions required in the transport and use of such materials.The contractor shall submit to the Engineer for approval all drawing and documentsrequired for the construction of storage sheds or other accommodation and shall

buildings all such storage sheds to the proper requirements.

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4.25 Accidents Reporting of :

The Contractor shall within 24 hours of the occurrence or any accident at or aboutthe site or in connection with the execution of the work, report such accidents to theEngineer's representatives. The Contractor shall also report such accidents to thecompetent authorities to whom such report is required by law. Compensation shall not

be paid by the department for accident if any.

4.26 Materials brought to site:

Materials required for the work whether brought by the Contractor or supplied bythe Engineer shall be stored by the contractor only at places approved by theEngineer Storage and safe custody of materials shall be the responsible of thecontractor.

All materials brought to the site shall become remain property' of the Engineerend shall not be removed off the site without the prior written approval of theEngineer-in-charge. But whenever the works are finally completed and advance ifany, in respect of any such materials is fully recovered, the contractor shall at hisown expense forthwith remove from the site all surplus materials originally supplied

by him upon such removal, the Same shall revert In and become the property of thecontractor.

The cost of making any test shall be borne by the contractor. If such test is clearlyintended by or provided by in the specification or bill of quantities and (in the casesonly of test under load of a test to according whether the design of any finished or

partially finished work is appropriate for the purpose it was intended to fulfill) isparticularized in the specification or bill quantities in sufficient detail to enable thecontractor to price or allow for the same, in his tender.

In case of specification for a particular item is not in the tender document,relevant I.S. Specification will apply.

4.27. Access to site:

The Engineer or any person authorised by him shall at all times have access tothe works and to the site all workshops and places where work is being prepared orwhere materials manufactured articles or machineries are using obtained for the worksand the contractor shall afford every facility for and every assistance in or in obtainingthe right to such access.

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4.28 Inspecting Register:

The contractor shall maintain at the site of work on Inspection Register, Whichmust be produced by the contractor or his agent whenever called upon to do So by theEngineer or his representative during their inspection of the work. If the rectificationsordered to be alone are not carried out within the time specified by the Engineer, theEngineer shall have the right to get such work done by any other agency and torecover the cost thereof from the Contractor. The Inspection Register shall be ofduplicate copying to that one copy of the entries or got recorded in the Engineer'sOffice. The contractor shall not make any entry in the register.

(a) Removal of improper works and materials:

The Engineer shall during the progress of the works have power to order inwriting from time to time

(i) the removal from the site within such time or times as may be specifiesin the order of any materials which is the opinion of the Engineer are notin accordance with the contract

(ii) The substitution of proper and suitable materials and

(iii) The removal of any proper re-execution (not with standing anyprevious that thereof interim payment thereof) of any work which inrespect of materials or workmanship is not in tile opinion of theEngineer in accordance with the contract.

4.29 Default of the contractor in compliance.

In case of default on the part of the contractor carrying out such order, theExecutive Engineer shall be entitled to employ and pay other persons to carry out thesame and shall expenses consequent thereon or incidental charges shall be borne bythe contractor and recoverable from him by the Engineer or may be deducted by the

Engineer from any moneys due or which may become due to the Contractor.

4.30 Work to the satisfaction of Engineer ;

The Contractor shall execute, complete and maintain the works in strictaccordance with the Contract to the satisfaction of the E11gineer, and shall complywith the adheres strictly to the Engineer's instructions and directions as any after -(whether mentioned. in. the contract shall take instructions and direction only from theEngineer (Subject to the limitations referred to the clause 2 thereof) or from theEngineer's representatives.

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(b) In the event of unsatisfactory progress:

The progress of the work at such stage will be subject to the approva1 of theEngineer, whose decision as to the rate of progress at each stage shall be final and

binding on the contract. The Engineer reserves to himself the right to cancel the

contract for unsatisfactory progress in the work at any stage. In, the event of thecontract being terminated at any stage due to unsatisfactory progress of work, as perclause before mentioned the Engineer shall have the right to execute the portion ofworks left incomplete using the department labour or any other agency and thecontractor will liable to make good and loss incurred by the departmental account.Such amount will be recovered from any money due to or become due to theContractor.

(c) Suspension of work

The Contractor shall on the written of the Engineer suspend the progress of thework or any part that consider necessary and shall during such suspension properly

proceed and secure the work as so far as is necessary in the opinion of the Engineer.The extra cost including all remaining wages to be paid on the site salariesdepreciation and maintenance of plants at site on cost and general overhead costs ofthe contract incurred by the contractor in giving effect to the Engineers instructionsunder this clause shall be borne and paid by the employer unless such suspension.

(i) Otherwise provided for in the contractor (or)

(ii) Necessary for the proper execution of the work or by way of weather conditions affecting the safety or quality of works or by same default on the part of thecontractor (or)(iii)Necessary for the safety of the \works or any part there on.

Provided that the contract shall not be entitled to recover any such extra costunless he gives notices in writing of his intention to claim to the Engineer within 28days of the Engineer's order. The Engineer shall settle the determine such extra

payment to be made to the 'contractor in respect of such claim as such as on opinion ofthe Engineer be fair and leas reasonable.4.3 Extension of time

The contractor shall commence the Works on site within the period mentionedin the tender after the receipt by him of an order in writing to this effect from theEngineer and shall proceed with the same with the expedition and without delayexcept as may be expressly sanctioned or ordered by the Engineer or be wholly

beyond the Contractor's Control.

The Contractor shall maintain the rate of progress required as per the Schedule.It the progress of 'Work is held up owing to circumstances which in the opinion of theEngineer are beyond the contract of the Contractor such as war, stormy, weather etc.,

the Engineer may, at his discretion grant to the contractor such extension of time as heconsiders reasonable for the completion of the work.

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In such circumstances the contractor shall apply for extension of time within15days of the hindrance as account of which he desires such extension as aforesaid. Ifsaid such requisition along With reasons for delay in completion to work and further

programme of completion for consideration is not received the contract is liable for

rejection.

4.32 Remedy in Contractor's failure to carry out works read

If be contractor shall fail to do any work as aforesaid required by the Engineer,the, Engineer shall be entitled to carry out such work by his own workmen or by othercontractor s and if such work is a work, which the contractor should have carried outat the contractor costs shall be entitled to recover from the Contractor the cost thereonor any deduct the same from any money due or that may become due to theContractor.

4.33 Changes in constitution :

Where the contractor is a partnership firm prior approval in writing of the Engineerin charge shall be obtained before any change is made in the constitution of the from.Where the Contractor Is an individual or a Hindu undivided family business concernsuch approval as aforesaid shall like wise be obtained before~ the contractor entersinto any partnership agreement where under the partnership firm would have the rightto carry out the work here: by undertaker , by the Contractor.

4.34 Alterations in specifications and designs:

The Engineer shall have power to make any alteration or omissions fromadditions to or substitutions for the original specifications, drawings designs andinstructions that and appear to him to be necessary during the progress of the Workand the contractor shall Corry out the work in accordance with any instruction whichmay be given to him in writing signed by the Engineer and such alterations, omissions,additions or substitutions shall not invalidate the contract and any altered, additions, orsubstitutions shall not Invalidate the contract and any altered, additional or substitutedwork which the contractor may be directed to do in the manner above, specified as

part of the work shall be carried out by the Contractor, in the same conditions in allrespects on which he agreed to do the main work. The time for the completion of thework extended in the proportion that the altered additional Substituted work bears tothe original contract work the certificate of the Engineer shall be conclusive as such

proportion. The rates for' such additional altered of substitute work Under this clause,shall be fixed as per standard procedures applicable.

(i) If the rares for the additional, altered or substituted Work are specified in thecontract for the work, the contractor is bound to carry out the additional, altered or'

substituted work at the same rates as specified in the contract for the work.

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(ii) If the rates for the additional, altered or substituted work are not specificallyprovided in the contract for the work, the rates will be derived from the rates forsimi1e.clause of work on specified in the contract for the work.

(iii) If the altered, additional or substituted work for which or rate is specifiedin the contract for the work cannot be derived from the similar clause of work in thecontract, then, such work shall be carried out at the rates as fixed by the Department,.Minus plus percentage which the total tendered amount bears to the summated cost ofthe entire Work out to tender.

(iv) If the rates for the altered, additional or substituted work cannot bidetermined in the manner specified in sub-clause (1) to (iii) above, then the rate forsuch work shall be worked out to the basis of the schedule of rates of the Districtspecified above minus/plus the percentage which the total tendered a noun bears to the

estimated cost of the entire work put to tender, provided always that the rates for aparticular part or parts of the item is not in the schedule of rates the rate for such partor parts Will be determined by the Engineer on the basis of the prevailing market rateswhen the work was done.

(V) If the rates for the altered, additional or substituted work cannot bedetermined in the matter specified in sub clause (i) to (iv) above, then the contractorshall within 7 days of the date to receipt of order to carry out the work, inform theEngineer to the rate which it is his intention to charge such claim of work) supported

by analysis of the rate or rates on the basis of prevailing market rates, and pay the

contractor accordingly. However, the Engineer by notice in writing will be at libertyto cancel his order to carry out such matter as he may consider advisable. But underno circumstances the contractor shall suspend the work on the plan of non-settlementof rates of items failing under the clause.

4.3 METHOD OF MEASURBMENT

Except where any general or detailed description work in bills of quantities orschedule of works / items/ quantities expressly shows to the contrary, bills ofquantities or on schedule of works / items/quantities shall be deemed to have been

prepared and measurements shall be taken in accordance with the procedure set for thein the schedule of rates specification not withstanding, any provision in the relevantstandard method of measurement any general or local custom. I n the case of itemswhich are not covered by the Schedule of rates/specifications measurements shall betaken in accordance with the relevant standard method of measurement any general orlocal custom. In the case of items which are not covered by the Schedule orates/Specifications measurements shall be taken in accordance with the relevant standardmethod of measurement issued by the Indian Standard Institution.

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b) Records and measurement: The Engineer-in-charge all except or otherwise statedascertain the determine by measurement the Value in accordance with the contract ofwork and accordance there with.

All items having a financial value shall be entered in measurement book levelbook, etc., prescribed by the Engineer so that a complete record in obtained of allworks performed under the contract.

Measurement shall be taken jointly by the Engineer -in-charge or hisauthorized representative and by the contractor or his representative. Before takingmeasurements of any work the Engineer-in-charge or the person deputed by him forthe purpose shall be given reasonable notice to the contractor. If the contractor fails toattend or sent an authorized representative for measurement after such a notice or failsto countersign or to record the objection within a work form the date of measurement,then in any such even, measurements taken by the Engineer-in-charge or by the

person deputed by him shall be taken to the correct measurements of the work.

The contractor shall, without extra charge provide assistance with everyappliance and other things necessary for measurement. Measurement shall be signedand dated by both parties each day on the site on competition of measurement. If thecontractor objects to any of the measurements, a notice, to that effect shall be made inthe measurement book against item objected to and such note shall be signed anddated by both parties engaged in taking the measurements.

If in the result of such objection, it becomes necessary to re-measure the workwholly or in .part, the expense of such re-measurement shall be burned by the partyrequiring the measurements 'to be re-taken, provided that are found by thismeasurement to amount to loss that 5 per cent of the valve as recorded by the firstmeasurement. Where however the net errors amount to 5 percent or over the saidvalue, the cost of re - measurement shall be borne by the other party any case, if thenet value of errors found exceeds Rs. 500 the expenses of re-measurements shall be

borne by the other party.

(c) Production of vouchers: the contractor shall required by the engineer-in charge

produce all quotation invoices, vouchers and accounts of receipts in connecting withthe ,expenditure of provisional of prime cost sums. He shall simply produce vouchersetc. If required to prove to the Engineer-in-charge that the materials supplied by himare in conformity with the specification laid down in the contract.

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The contractor shall furnish the Engineer-in-charge the list of vehicles which heproposed to employ for transporting the materials with particulars of their Cubicalcontents, make, registration, for weight etc. The tar weight of the vehcic1e shall be

printed bo1d1y on the body of the lorry. Whenever there is a change of the sameshall be notified by the Contractor.

Not withstanding anything stated above payment for the supply of sand ,andgravel shall be per M3 only and also levels based on the initial and final levels, alterwatering and consolidation of the sand and gravel respectively.

4.36 TIME LIMIT FOR PAYMENT OF FINAL BILL:The Contractor's final bill shall be passed for payment within three months

after the issue, of Certificate the Engineer, provided the Contractor has fullycompleted/with the requirements under the contract. If the amount payable under andcertificate is not sufficient to cover deductions to be made under the contract, the

balance out standing shall be paid by the contractor in cash within fifteen workingdays from the date of receipt of the written notice issued in this regard by theEngineer, After the payment of the amount of the final bill, payable as aforesaid has

been made the contractor may, if these desires to reconsider his position in ,respect ofthe disputes portion of the final bill and if he fails to do so within 30 days, hisdisputed claim shall be dealt with as provided in the contract.

4.37 DEFECTS LIABILITY PERIOD: MAINTENANCE PERIOD:

The contractor shall be responsible to take good and remedy at his own expensewithin such period of stipulated by the Engineer-in -charge any defect which adevelop or may be noticed before the for the expiry of the intimation of Which has

been sent to the contractor with seven (ayes of 'the expiry of the said period by a lettersent 'by a hand delivery or by registered post.

4.38 PROGRESS AND COMPLETION

The work shall be started in accordance with the provisions of the contract andwithout delay not exceeding 15 days from the date of handing over of site or 21 days

the communication of acceptance of agreement whichever is earlier. The works shallbe programmed such .that the work can be completed within the prescribed time. Thework should be done during the time preferably from 6 A.M. to 6 P.M. any work

before 01' after this time shall be arrange for consultation with the ExecutiveEngineer in charge. On regiment or damping work should be executed without the

presence of the departmental representative. For slackness the progress due tomechanical defects or of any other cause, the department will not be liable on anyaccount. The Engineer and Engineer-in-charge will penalize the contractor accordingto the relevant causes in the MDSS for and .delay in the progress. The contractor isadvised to provide adequate power facilities for quick loading, unloading and

transporting at sea, sand, grave so as to adhere to the time schedule.

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4.39 IMAGE TO PROPERTY:

The Contractor will be held responsible for any damage or interference censed byhim of any of his labourer or to any existing structures, pipes, cables buys or servicesof any kind.

Should the contractor for the purpose of the contract, desire ,to provide temporarymoorings for his crafts he will be allowed to do so in a position and manner approved

by the Engineer-in-charge. The contractor shall net lay such moorings in the harbouror in the waterways so as to interfere with the traffic in the harbour or in the waterways. The contractor shall remove mooring if and when ordered to do so by theEngineer-in charge.

4.40 CLEANING SITE:

On completion of the work, the Contractor shall restore the site to a cleancondition, disinfect wherever necessary remove all temporary erections, clean awayall rubbish and make good and temporary excavated or disturbed ground to leveledsurfaces.

4.41. CONTROL AND CUSTOMS CHARGES:

Any local municipal Octopi or other charges such as customs and excise duty if

livable on materials brought by the contractor or on pure based item shall be paid onhis own account or It will be recovered from his bill and amount remitted to theappropriate authorities.

4.42 SETTLEMENT OF DISPUTES BY ARBITRATOR:

The Arbitrator for fulfilling the duties set forth in the arbitration clause of standardpreliminary specified action shall be the Chief Engineer, PWD, of the Adjacent Circleand in case the value of claim does not exceed Rs. 50,000 and in the case the value ofclaim Rs. 50,000 and above the remedy will be only through the competent civil courtonly.

Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutorymodification or re- thereof and the roles made there under for the time being in forceshall apply to the arbitration proceeding under this clause.

It is also term of the contract that the party invoking arbitration shall specify thedisputes or disputes to be referred to arbitration under this clause together with theamount or amounts claimed in respect of each dispute.

It is also a term of the contract that the contractor is prohibited from going for

arbitration till the completion of work.

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It is also a term of the contract that if the Contractor(s) does not make anydemand for arbitration if' respect of any claim(s) in writing within 90 days ofreceiving the intimation from the Engineer that the bill is ready for payment, the claimof the contractor (s) will be deemed to have been waived and absolutely borne and thedepartment shall be discharged and released of alt liabilities under the contract inrespect of these claims.

The Arbitrator may from time to time with consent of the parties enlarged thetime, for making and publishing the award if any.

5. SERVICE OF NOTICES OF CONTRACTORS:

(a) Any notice to be given to the Engineer under the terms of the contract shallbe served by sending the same by post to or leaving the same at the contractor'sprincipal place of business (or in the even of the contractor being a company to or atits registered office) or at contractor's site office or elsewhere as approved by theEngineer.

(b) Service of Notices on Engineer:

Any notice to be given to the Engineer under the terms of the contract shall beserved by lending it same by post to on leaving the same at the Engineer's last knownaddress.

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CHAPTER-2

GENERAL CONDITIONS OF THE CONTRACT

1. In the contract (as hereinafter defined) the following works and expressions shallhave the meaning hereby the respectively assigned to them except there the contractotherwise required.

a) Engineer means the Chief Engineer of the Tamil Nadu Government and hissuccessors.

(b) Engineer in-charge/Engineer s representative' means Executive Engineeror an Officer appointed by him in writing who shall direct