Dredging Tender

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.in 2. www.tntenders.gov.in Chief Engineer, Fishing Harbour Project Circle, Chennai - 6.
TO 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.
Contractor
Chief Engineer, FHPC, Ch-6.
GOVERNMENT OF TAMIL NADU FISHERIES DEPARTMENT

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 Chief Engineer, Fishing Harbour Project Circle, D.M.S.Complex, Teynampet, Chennai 6 (here in after referred to as the circle office) invites sealed tenders for the works as detailed in the table. The tenderers may submit tenders for any or all of the works, for the package or for any of the slices. 2. Tender documents (and additional copies) may be purchased from the circle office from 23.11.2012 to 11.12.2012, on requisition with non-refundable fee as 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. Tender documents 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 held responsible for the postal delay if any, in the delivery of the documents or nonreceipt of the same. 3. Tenders must be accompanied by security of the amount specified for the work drawn in favour of Executive Engineer concerned as per the annexure enclosed. The tender security will have to be in any one of the forms as specified in the tender document and shall have to be valid for 15 days beyond the validity of the tender. 4. Tenders, must be delivered / produced in the circle office on or before 15.00 hours on 12.12.2012 and will be opened on the same day at 15.30 hours, in the presence of the tenderers who wish to attend. If the office happens to be closed on the date of receipt of the tenders as specified, the tenders will be received 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.
Contractor
6. The cost of Tender Schedule including Sales Tax which is not refundable under any circumstances shall be remitted in the Treasury or in the State Bank of India (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. 2.
www.tenders.tn.gov.in www.tntenders.gov.in
TO 1. Notice Board. 2. Contractors (as per list) Copy submitted to
Chief Engineer, Fishing Harbour Project Circle, Chennai - 6.
Honble Minister for Fisheries, Secretariate, Chennai 6. The Director of Fisheries, Chennai 6 for favour of information. Copy to : All Executive 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.
Contractor
ANNEXURE
S. No. 1. Approximate cost of estimate (Rs. in lakhs) 1360.00 Period of Completion Earnest Money Deposit (EMD) (Rs. in lakhs) 6.90 Cost of the Tender Documents Rs. Cost Rs.15,000/+ VAT Rs.600/Cost Rs.15,000/+ VAT Rs.600/Cost Rs.15,000/+ VAT Rs.600/Class I contractor and above. Executive Engineer, L.S. Fishing Harbour (Rate quoted Project Division, tender system) Nagercoil Executive Engineer, L.S. Fishing Harbour (Rate quoted Project Division, tender system) Nagercoil. Executive Engineer, TPIU Division, Chidambaram. Incharge of the Executive Engineer
Name of work Construction of Quay Wall and Land side facilities for Fishing Harbour at Colachel in kanniyakumari District.. Construction of Quay Wall and Land side facilities for Fishing Harbour at Thengapattinam in kanniyakumari District.. Maintenance Dredging in the Channel and basin and provision of facilities in the Fishing Harbour at Spoil Island in Cuddalore Port in Cuddalore District. (Re Tender-Single Cover)
Eligibility
Contract
18 months
2.
1000.00
18 months
5.10
Class I contractor and above.
3.
172.00
6 months
0.96
Class I contractor and above.
L.S. (Rate quoted tender system)
Chief Engineer, Fishing Harbour Projects Circle, Chennai-6
Contractor
GOVERNMENT OF TAMILNADU FISHERIES DEPARTMENT

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 ISSUED FROM
: :
19.12.2012 10.12.2012 to 18.12.2012
Contractor
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 Chief Engineer, Fishing Harbour Projects Circle, Chennai at his office upto 03.00 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 contractor and if a certificate for the current year had already been produced by him during the calendar 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 are also eligible to participate in this tender. The tenders should be in the prescribed form obtainable from Chief Engineer's Office, Fishing Harbour Projects Circle, Chennai. The tenders will be opened by the Chief Engineer, Fishing Harbour Projects Circle, Chennai at the place and on the date afore mentioned at 03.30 p.m. The tenderers or their agents are expected to be present at the time of opening of 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 the tenderer 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 the tender of the absence tenderer, make out a statement of the un-attested corrections and communicate it to him. The absentee tenderer shall then accept the statement of the corrections without any question what so ever. 2. Tenders must be submitted in sealed covers and should be addressed to the Chief Engineer, Fishing Harbour Projects Circle, Chennai, the name of the tenderer and 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 and his address shall be given. If it is made by a firm it should be signed with the copartnership name by a member of the firm who shall also sign his own name and the name and address of each member of the firm shall be given. If the tender is made by a corporation, it shall be signed by a duly authorized officer who shall produce with his tender satisfactory evidence of his authorization. Such tendering corporation may be required, before the contract is executed to furnish evidence of its corporate existence.
Contractor
3. Each tenderer must also send a certificate of Income Tax verification from the appropriate Income Tax Authority in the form prescribed therefore. The certificate will 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 produce the 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/- (Rupees Ninety six thousand only) in the shape of small saving scripts/deposits/accounts only to 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 will have to replace the demand draft with the small savings certificates duly enclosed in favour 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 two months 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 earnest money will not be received in cash or currency notes by Post office or Banks within the jurisdiction of the Officer calling for tenders. The earnest money will be retained in the case of the successful tenderer and will 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 for receipt of tender. The validity period can be extended further if the contractor given his consent in writing specifying the period of extension. (ii) The tenderer whose tender is under consideration, shall attend the Chief Engineer/Fishing Harbour Projects Circle, Office, before the end of the period specified by written intimation to him. In the case, the tenderer fails to attend the office before the end of the specified period, his tender will not be considered. He shall forthwith, upon and intimation being given to him of acceptance of his tender, by the officer of duly authorised in this behalf under article 299(1) of the constitution here in after called the accepting authority make security deposit of 2 % of the value of contract in one of the forms prescribed in Tamil Nadu works Account Code (i.e. by taking into account of the amount of earnest money deposit already deposited with the tender it would be sufficient to pay the balance amount to make up the 2 % of the value of contract for the purpose of security deposit). The Security Deposit together with earnest money Deposit and the amount withheld according to c1ause 64-1 of General conditions to the contract, shall be retained as security for due fulfillment of contract. 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 Money Deposit and such deposit shall not bear any Interest.
Contractor
(iii) On receipt of written communication of acceptance or tender if the tenderer fails to pay the requisite security deposit within the, period specified in the written communication or backs out from the tender or withdraw his tender, the earnest money deposit shall be forfeited to the Government. If the contractor fails to carry out the contract, after paying the requisite deposits then he will be liable for the excess expenditure if any incurred to complete the work as contemplated in the General conditions to the contract. (iv) It shall be expressly understood by the tenderer that on receipt of written communication of acceptance of tender from the accepting authority, there emerges a valid contract between the Governor of Tamil Nadu and the tenderer for execution of the work without any separate written agreement. Hence, for this purpose the tender documents, i.e. tender notice tender offered by the contractor General conditions to the contract, special conditions to the contract negotiation, correspondences, written communication of acceptance of tender etc, shall constitute a valid contract and that will 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 any written agreement by the tenderer if administratively considered necessary or expedient: 6. The tenderer shall examine clearly the Tamil Nadu Building Practice and also the General/conditions to contract contained therein, and sign the Circle Office copy of 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. He shall also carefully study the drawings and additional specifications and all the documents connected with the contract. The Tamil Nadu Building practice and other connected documents with the contract such as specification Plans descriptive specification sheet regarding materials etc., can be seen at any time between 10.00 a.m. and 5.45 p.m. on office days in the office of the Chief Engineer, Fishing Harbour Projects 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 the clause Materials and workmanship in the general conditions to, contract. Materials/confirming to the ISI standards shall be used on the work and the tenderer shall quote his rates accordingly. 8. Every tenderer is expected before quoting his rates to inspect the site of the proposed work. He should also inspect the quarries and satisfy him self about the quality and availability of materials. The names of quarries and load etc., where from certain 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, defined shall used on the walk. In every case the materials must comply with the relevant standard specifications, samples of materials as called for in the Standard specification or in this tender notice or as required by the Executive Engineer in any case shall be submitted 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 Contractor Chief Engineer, FHPC, Ch-6.
specifications sheet is of the opinion .that materials complying with the standard or other specifications of the contract cannot be obtained in quality or sufficient quantity from the source defined in the descriptive specification sheet he shall so stated in his tender and state where from the intends to obtain materials subject to the approval of the Executive Engineers. The Government will not however, after acceptance of contract rate pay any extra charges for load or for any other reasons in case the contractor found later on to have mis-judged the materials available. Attention of the contractor is directed to the General conditions to contract regarding payment of seignorage, tolls, etc. 9. The tenderers particular attention is drawn to the sections and clauses in the general -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 govern the latest which tendering. 10. A schedule of quantities accompanies this tender notice. It shall be definitely understood that the Government does not accept any responsibility for the correctness or completeness of this schedule and that this schedule is liable to alternatives by omissions, deductions or additions at the discretion of the Executive Engineer, Fishing Harbour Project Division or the Chief Engineer, Fishing Harbour Projects Circle or as set forth in the conditions of the contract. The tenderer will however, base his lumpsum tender on this schedule of quantities. He should quote specific rates for each item in the schedule and the rates should be written both in words and figures and the units in words. The tenderer should also show the totals of each 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 of contract, such lumpsum agreeing with total amount of schedule. This schedule accompanying 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.
Contractor
11. Tenderers offering a percentage deduction from or increase on the estimate amount except in the case of tender for maintenance and repairs works, called for specifically under percentage rate tender system, and those not submitted in proper former in due time will be rejected. 12. The tenderer should work out his own rates without reference being made to Public Works Department current Schedule of rates, or Public Works Department estimates. 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 or below the total estimate cost of work of the department indicated in the tender schedule. 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 the tender form. Tenderers must accept the materials at these prices and shall quote the rates for finished works accordingly. Not withstanding any subsequent change in the market value for these materials the charge to the contractor will remain as originally entered in the written contract. No centage of incidental charges will be borne by Government in connection with this supply. 14. The attention of the tenderer is directed to the contract requirements as to the time of beginning work, the rate of progress and the dates for the completion of the 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 Executive Engineer's certificates of the value of work done will be required. Date of commencement of this programme will be the date on which the site or premises/is handed over to the contractor. Period after date of 2 months Percentage of work completed based [on contract Commencement. lumpsum amount. Note: The periods to be entered in Co1. 1 for the purpose of defining the rate of progress 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 authorising others to receive payment in the contractor's behalf. 16. If further necessary information is required the Executive Engineer of the division will furnish such but it must be clearly understood that tenders must be received in order and ac cording to instructions.
Contractor
17. The Chief Engineer or other sanctioning authority reserve the right to reject any tender or all the tenders without assigning any reason thereof 18. The tenderers who are themselves' not 'professionally qualified shall undertake to employ qualified technical men and their cost to cook after the work. The tenderer should state in clear terms whether they are professionally qualified or whether they undertake to employ technical men required by the department specified in the schedule below for the work. In case, the rejected tenderer is professionally qualified or has undertake to employ technical men under him, he should see that one of the technically 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 as may demand, special attention ego reinforced concrete works etc. In the format below: enter or incorporate the latest norms fixed by the Government for the employment of technical assistant from time to time and penalty for non-employment of such Technical Assistant etc. THE SCHEDULE. S.No. Value of contract. 1. Upto Rs.1.00 Lakh Qualification and No. of Technical Assistants to be employed. No Technical Assistant to need be employed. If situation and nature of work warrants a diploma holder in civil engineering or a retired Junior Engineer may be employed. One diploma holder in Civil Engineering (or)not less than one retired Junior Engineer. One B.E. (Civil) or equivalent degree holder or not lees than one retired sub-divisional officer/AEE or ADE or one diploma holder with three years experience. One B.E. (Civil) or equivalent degree holder with three years experience in Civil Engineering works or not less than one retired sub-Divisional Officer Pubs one diploma holder in Civil Engineering or two diploma holders in Civi1 Engineering with three and five years experience respectively.
2. 3.
Rs. 1.00 lakhs to Rs. 5.00 lakhs Rs. 5.00 lakhs to Rs. 10.00 lakhs
4.
Rs. 10.00 lakhs to Rs. 25.00 lakhs
Contractor
5.
Rs. 25.00 lakhs to Rs. 50.00 lakhs
One B.E. (Civil) or equivalent degree holder with three years experience or not lese than one retired sub- Divisional Officer retired Asst. Executive Engineer or ADE/Plus two diploma holders in Civil Engineering or two retired Junior Engineers. Alternative. One B.E. (Civil) or equivalent degree holder with three years experience or not less than one retired sub-divisional Officer and one more B.E. (civil) or equivalent degree holder.
6.
Above Rs.50.00 lakh
To be examined in individuals case depending on the nature of work and the technical skill involved and defined in the tender notice regarding the number of qualified technical personnel to be employed by the contractor.
Note : 1 Item 1, 2,3,4,5, or 6 should be scored out in case of where not applicable to the particular work. 2. Penalty of Rs.2000/- per month for diploma holder and Rs. 5000 & per month for degree holder be levied in case of default on the part of contractors following the norms laid down above. 3. The employment of technical assistants could be based only on the value of contract. Engineers with Mechanical Engineer qualification and retired from Civil Engineering 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 to remain always at the site of work and to pay extra attention to such work as may demand special attention eg. R.C.C. work etc. he should employ technical qualified men as prescribed above. 5. It will not be incumbent on the part of the contractor to employ technical assistant/assistants when the work is kept in abeyance due to valid reasons and if during such period in the opinion of the Executive Engineer the employment of technical Assistant/Assistants is not required for the due fulfillment of the contract. 19. Tenderers who have not already registered them selves as PWD contractors shall furnish evidence of good record and capacity to do works.
Contractor
20. A tenderer submitting a quotation which the tender accepting authority considers excessive and/or indicative of the insufficient knowledge of current, prices or definite attempt at profiteering will tender himself liable to be debarred permanently from tendering or for such period as the tender accepting authority may decide. 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 of clauses 8 of hoarding and profiteering prevention ordinance 1943 as amended from time to 1ime and on similar principles in regard to labour and supervision in the construction. 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 the contract to offer such employment such number. NOTE: This paragraph should be score dint if the cost of the work involved is less than Rs.10,000 22. The contractor shall comply with provisions of the apprentices Act 1961 and the rules and orders issued there under from time to time if he fails to do so, his failure will 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 provided in 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 the apprentices in the categories mentioned below who may be assigned to him by the Director of Employment and Training/ State Apprenticeship Adviser, Tamil Nadu. The contractor shall train them as required under the Apprentices Act, 1961, and the rules made there under and shall be responsible for all obligation of the employer under the said Act including the liabilities to make payments to the apprentices as required under the said act.
Contractor
Value of contract Rs.1.00 lakhs and upto Rs. 5.00 lakhs Above Rs. 5.00 lakhs And upto Rs. 10.00 lakhs
category. 1. Building constructor 2. Brick layer 1. Building Constructor 2. Brick layer 3. Diploma Holder in Civil Engineering 1. Building Constructor 2. Brick Layer 3. B.E. (civil) or equivalent Degree holder
No. to be appointed. 1 1 1 1 1 1 1 1
Above Rs. 10.00 Lakhs And upto Rs. 50 lakhs
Unless the contractor has been exempted from engagement of apprentices by the Director of Employment and Training/State Apprenticeship adviser, a certificate to the effect that the contractor bad discharged his obligation under the said act, satisfactorily should be obtained from the Director of Employment and Training/State; Apprenticeship Advisor and the same should be produced by the Contractor for final payment in the settlement of the contract. 23. The contractor should employ one I.T.I. mason for every ten masons or parts thereof. In case of non availability of I.T.I. trained masons the contractor should obtain the prior approval of the Executive Engineer concerned before proceeding with the contract with the other kind of masons. Clause 24: In case of contracts for construction of building either permanent of semi permanent buildings, a sum equivalent to 2.5 per cent of the value of work done will be retained with the Government for a period of two years reckoned from the date of completion of the work in order to enable the departmental Officers to watch the 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 referred to above and on execution of indemnity bond by the contractor for a further period of three years. The Contractor shall be liable to set right all de1fects arising out his faulty execution or sub standard work noticed during the above five years period at his cost.
Contractor
10
TENDER DATE To Excellency the Governor of Tamil Nadu represented by the Chief 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 specification deposited in the office of tile Chief Engineer/ Executive Engineer Fishing Harbour Projects Circle/ TPIU Division with such variation by way of alterations of additions to and omission from the said works and method of payment are provided for in the condition 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 General conditions 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 words and figures) for which I/we agree to execute the work and receive payment on measured quantities as per the General conditions to the contract. 3. I/ we do hereby distinctly and expressly declare and knowledge that before the suspension of my or our tender. I/we have carefully followed the instructions in the tender notice and have read the Tamil Nadu building practice and the General conditions of the contract therein and the Tamil Ndl1 Building practice addenda volume and that I/we have made such examination of the contract documents and of the plans, specifications, quantities and of the location, where the said work is to be done and such investigation of the work required to become and in regard to the materials reqi1ired to be furnished as to enable to thoroughly understand the intension of the same and the requirement, covenants, stipulation and restrictions contained in the contract and the said plans and specifications and distinctly agreed that I/we hereafter we will not make any claim or demand upon the Government based upon arising 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.
Contractor
11
I/we have already produced an Income Tax verification certificate during the current calendar year in respect of (there particulars or the previous occasions which the certificate was produced should be given.) The legal address of the contractors for service 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 the EMD at rates. 7. (i) (c) in lieu of cash Date I/we have 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 are and hence exempted from payment of E. M. D. 9. If my our tender is not accepted sum shall be returned on my/our applications when intimation is sent to me/us of rejection or at the expiration of two months from the 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 upon intimations 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 of acceptance of tender I/We fail to make the additional Security Deposit, then I we agree to the forfeiture of Earnest Money Deposit. Any notice required to be served on me 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) Or left at my or our address given herein. Such notice shall. If sent by post be deemed to have been served on me or us at the time when in due course of post it would be delivered at the address 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 and the Governor of TamilNadu and the tender documents i.e. tender notice tender with Schedules general conditions to the contract and special conditions of the tender, negotiation letters, communication of acceptance of tender shall constitute the contract for 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 insist on execution of any written agreement by tenderer, if administratively considered necessary or expedient.
Contractor
12
11. I/We have also signed the copy of the Tamil Nadu Building practice and Nation Building code and addenda volume there to maintained in the Divisional Office, in acknowledgment of being bound by all conditions of the clauses of the General 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 may be arrived at under the clause of the General conditions to the -contract, relating to payment on lumpsum basis or by final measurement at unit prices. I/We agree subject to valid condition to execute and complete the works shown upon the said drawing serially 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 such variations b)' way 01 alteration of, addition. to or deductions from the said work and method of payment there for as are provided for in the said condition. 13. (1) The terms Executive Engineers in the said conditions shall mean the officer in charge of the Division having jurisdiction for the time being over the work who shall be competent to exercise 811 the powers and privileges herein favor of the Government with the previous sanction of or subject to ratification by the competent authorities 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/Sub Division the Chief Engineer/Executive Engineer/Assistant Executive Engineer who is in-charge of Circle/Division/Sub Division having jurisdiction over the work shall be competent 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 contract and to commence the work as soon as this contract is accepted by the competent authority 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 to complete 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 of the 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 fulfilled and performed to be deposited by me/us and as herein before recited of such por1ions there 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 the following technical staff for Supervising the work and will see that one of them is always 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. Contractor Chief Engineer, FHPC, Ch-6.
13
Name of technical staff proposed to be employed. 1. 2. 3.
Qualification and experience.
17. I/we agree that the arbitrator for fulfilling the duties said forth in the arbitration clause of the General conditions to the contract shall be" (i) The Superintending Engineer of the Public Works Department concerned Territorial Circle in case: the value of claim is upto Rs. 50,000 and (ii) I/we agree that in case the value of claim is Rs. 50,001 and above, the remedy will be through the competent civil court only.
Contractor
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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 the work 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 actual quantities of works to be done. The unit rate of below are these governing payment of extras or deductions, omissions according to -the conditions of the contract in the General conditions to the contract of the practice and other conditions or specifications 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 time by the Executive Engineer and the cost calculated by measurement or weight at the respective prices, without any additional charge for any necessary and contingent works conducted therewith. The rates quoted are for works in site and complete in every respect. Item number Probable quantity figures * (2) Description of work. TNBP number. Rate Unit Amounts. ----- ----- ----------words words figures. figures. (5) (6) (7)
(1 )
(3)
(4)
vide attached Separately Signature of contractor *The second sub division of this column (ie.) column 3 is entering description in words such as numbers cubic meters etc.,
Contractor
SCHEDULE 'B' 'List of Drawings Supplemental List
Note: All drawings to be signed by the contractors as well as the officer engaging into the contract.
As referred to in the speculations including the general conditions to the contract of Tamil Nadu Building practice.
Serial Number
Drawing Description number
Serial number
Drawing number
Description
(1)
(2)
(3)
(4)
(5)
(6)
Date on which the drawing was supplied.. (7)
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SCHEDULE 'C' List of specifications for the various items of supplementing those described in schedule A by standard numbers. 1. The contractor shall employ the following technical assistant supervising the work and shall see that one on then is always at site during working houses personally checking all work and paying extra attention to such works as may demand special attention e.g. reinforced concrete work, etc. Name of the members of the Technical staff: to be employed. (1) Qualifications (2)
Note: In case the contractor is himself professionally qualified the above specification should be suitably altered and in case in which the contractor selected has not given on undertaking to employ, qualified men it should be scored out. Note: Additional specifications, if any, which have to be entered in schedule '0' should be entered below item (1) above and numbered continuously.
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APPENDIX IV Descriptive specification Materials : Source from which Approximate item is to be lead. obtained
1. Size alternative to standard specification sizes or size prescribed mortars and concrete 2. Mixes prescribed, if deviation from standard 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, Demand Draft, National Savings Certificate, Postal Deposits, Postal savings accounts /pledged drawn in favour of Executive Engineer concerned. 2. 2 per cent of the total value of work withheld will be retained for a period of 1 years from the date of completion of work. After 1 year an indemnity bond for a further period of 3 years should be produced. The other amount including Security Deposit will be refunded after completion of six months. 3. The tenderer should furnish list of equipments, tools and plant, lorries etc., in their 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 is unsatisfactory, the Super intending Engineer may at his discretion at any time during the 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 not able to complete the work within the stipulated period, and if he desires he may seek extension of the period of contract by specified reasonable period by making an specified 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 prejudice and 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 raise any claim far escalation of rates at any time there after. No extension will be granted unless the contractor as stipulates and should the contractor not seek, extension of the contract within 15 days of expiry of the period of can tract, no bills will be payable after the expiry of the period of contract. The Chief Engineer may then at his discretion take such necessary steps to determine the works and carry out remaining work through any suitable agency. 5. The Determination of the contract referred to in clause 57 (i) shall carry with it the forfeiture Security deposit. 6. Third party supervision consultant may be provided for assisting and monitoring the progress of work. The contractor shall utilize their services for achieving the target. 7. The Technical Assistants and Apprentices employed by the Contractor should sign daily the attendance register maintained at the site of work by the Department Assistant Executive Engineer'Section Officer. And failure of the attending Technical Assistants and Appendices on the same analogy as far the unemployment of Technical Assistants and Apprentices on the same analogy as for the unemployment of Technical Assistants and the same penalty detailed at para Appendix-I Tender Notice Para No. I, 22 will be applicable far the absence of Technical Assistants and Apprentices. Contractor Chief Engineer, FHPC, Ch-6.
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8. The works in Fisheries executed by the Contractor under the contract shall be maintained at the Contractor's risk until the work is taken over the Executive Engineer. The Contractor shall accordingly arrange his own insurance against tire, flood, volcanic eruption, earthquakes other convulsion of nature and other natural calamities arising out of acts of God, during such period and that the Government shall not be liable for any loss or damages occasioned by or arising out any such acts of God. The option whether to rise insurance concise or not to color such risks is left to the contractors. 9. Provided however that the Contractor shall not be liable for ail or any loss or damages occasioned by or arising out of acts, of foreign enemies, invasion, hostilities or 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 from any money that nay be due or may become due to the Contractor, under these presents and 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 of determination of the contra by virtues of clause 57 A or any amount than any an out they may be due or may before due from the Contract or under these presents and the 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 of 1864) " 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 own cost, he shall also provide necessary water supply health find sanitary arrangements to the labourers engaged on work as per Appendix I of the General' conditions of Contract in TNBP as appended to TNBP VI. II at the Contractors Cost. 14. Additional items of work not contemplated in the tender/contract schedule should 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 in advance accepted by competent authority.
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15. The Contractor shall take out license under the explosive rules 1940 and subsequent an amendments for the use of Gun power Golletin and other blasting materials required by him. 16. If night works ordered to fulfill the agreed rates of progress all arrangements shall be 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 the current period before the final bill is paid, to the Executive Engineer in charge of the work for perusal and return. 18. The department reserves the right to a bonbon the work at any stage if necessity arises 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 all respects in accordance with the instructions and requirement of the Executive Engineer.
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SPECIAL CONDITION On evaluation of tender if it is found that the overall quoted amount of the tender is less than 5 to 15% of the value put to tender, the Contractor shall pay additional security at 2% of the estimated value. If the tender discount exceeds 15% to 20% the contractor shall pay an additional security deposit of 50% of the difference between the quoted amount and estimate amount. Failure to furnish the additional Security Deposits within 15 Days from the date of receipt of acceptance Order and execute the agreement shall entail cancellation of award of Contract and forfeiture of E.M.D furnished. SPECIAL CONDITION FOR RECOVERY OF SALES TAX The tenders should be required to indicate the registration number under the Tamil Nadu General Sales Tax Act 1959 in the tender form and produce sales tax clearance certificate issued by the Commercial Tax Department before final settlement of bills. According to the notification issued by the Commissioner of sales tax Chennai with 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 Nadu General 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 from the total amount payable to the contractors a/me amount so deducted shall be deposited 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 they engage 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 : 432 I Part 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 Engineer I Chief 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 accounted for by the Assistant Engineer and it should be completed with Theoretical cement Adequacy statement. 3. Similarly the exact (actual) quantity of steel used in the work should be measured and compared as' per designs approved. 4. The Test certificate for the quality of cement and steel should be obtained by the contractors 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 (The strength Test) Certificate for the concrete cubes taken from the concrete at site should be furnished. 6. If designed mix of concrete issued (if specified in the agreement) The Strength Test Certificate for the concrete cubes taken from the concrete at site should be furnished. 7. Facilities available in the Building Centre Division and S. M. & R. Division, Chennai may be utilised for this purpose. A table furnishing physical characteristics requirements of various Grades I)f Cement is appended for reference.
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TABLE: PHYSICAL CHARACTE RISTIC REQUIREMENTS OF CEMENT (OPC) S.No. 1. Characteristic Minimum compressive strength in N / s.q. mm. 3 days 7 days 28 days Fineness' (Minimum) (sq.m. / Kg.) Setting time (Minutes) Initial (Minimum) Final (Maximum) Soundness, Expansion Le Chartleier (Maximum) mm Autoclave test (Maximum) % 33 Grade 43 Grade IS : 269-1989 IS: 8112-1989 53 Grade IS : 12269-1989
16 22 33 225 30 600 10 0.80
23 33 43 225 30 600 10 0.80
27 37 53 225 30 600 10 0;80
2. 3.
4.
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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 and provide all the construe optional plant, temporary work materials both for temporary and for permanent works, labour (including the supervisory staff on labour) transport to and from the site and In and about the works and other things of every kind required for the efficient construction and maintenance of the works. He shall keep the various 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 constructions of each component are closely interlooking and inter-dependent. 3. A well defined programme preferably in the form of PER.T /CPM net work is essential to co-ordinate the Construction activities without interruption. Further particulars attention is required on the item of foundation preparation as otherwise there would be severe slippages the construction schedules. The, contractor shall therefore furnish along with the tender schedule giving programme his Construction elaborating the item wise quantities monthly progress period of construction so as to complete the work pertaining the time stipulated in the tender. He should also give details of method of execution proposed to be accepted. It may be noted that the tender without the work programme is liable to be summery rejected. 4.1. All recipients of the documents for the purpose of submitting a tender (whether they submit a tender) shall treat the contents of the documents as private and confidential. The documents are not transferable. 4.2. All accompaniments to the tender shall be in original it must be clearly understood that the rates quoted in the tender are to include everything required to be done in the instruction for tendering, Tender condition of contract specifications, bill of quantities schedule and raging referred to therein and also for all such works as is necessary for the proper completion of the contract although specific mention thereof may have been omitted. The rates for finished items of works and should be inclusive of cost of all materials labour hire charges of tools and plant ladder scafolding and incidentials 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 for works employed and labour regulations shall apply to this contract also. 4.4 Each tenderer must also send a certificate of Income tax verification and Sale Tax clearance certificate of from the appropriate authorities in the forms prescribed there 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 of which 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 the certificate 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 Income Tax 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 will be sufficient if the particulars regarding the previous occasion on which the said certificates were produced are given. 4.8. The contractor will be solely responsible for the payment of Sales Tax under the provision . of Madras General Sales Tax Act, 1939 as in force for the time being and rates for the various items of works shall be unaffected by and change that may be made from time to time In the rates which such tax is payable. All tenders received without the certificate as aforementioned or without the particulars 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 the work under the schedules may be entrusted to two more different parties. In such an event the contractor carrying out the relevant work entrusted to them shah work in close 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 and measured upto date amounts to Rs. 1000 or more part rate on the work done will be allowed by the Executive Engineer under special circumstances of the specific request of the contractor after deducting suitable amount according to the nature of the work to safeguard the interest of the Government. The decision of the Executive Engineer will 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 approach another temporary construction required during the execution of work. The contractor shall obtain specific approval in writing or other temporary contraction and also for using the department road from the Executive Engineer in charge of the work. The approach road up to the beach limits is available and the tracts at the work site for the movement of vehicles should be formed by the contractor if any is required at his own cost and no payment will be made by the department for the tracts formed by contractor at the site for his own convenience. The contractor as to maintain the road after 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 and subsequent amendments for the use of Gun-powder, jelatine and other blasting materials required by him. 4.13. If night work if ordered to fulfill the rates of progress all arrangements shall be 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 private yards shall be paid by the contractor. No plot rent shall be charged for materials stocked on the Government land during the course of constructions provided all such materials 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 limit specified above. It will be the responsibility of the contractor to obtain necessary and for stocking the materials for the proper execution of the work. 4.15. The Depe1rtment reserves the right to abandon the work at any stage if necessity 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 the finished 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 the said constructional plan, temporary works or materials of the contractor for the workers and employers of contractor. 4.19. The contract shall be carried out in strict accordance with the M.D.S.S. and volumes 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 all charge there for The Special attention of the contractor is drawn to the clause 35 (1) of the preliminary specification in the M.D.S.S. approved in G.O Ms. No.658, PWD, dated 23rd December 1970 regarding water and light. 4.21.(a) The Engineer in charge should certify that the construction is structurally soured in spite use of cement. 4.22 (b) if the work is not certified as structurally sound, the same has to be pulled down and re-done according to specifications. No payment will make for such pulling down or recreation. The provisions of the foregoing sub-clause shall apply in the case of steel reinforcement 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 5 percent wastage due to cutting into pieces. 4.23 Levels, sounding and charges: The contractor shall provide all assistance, instruments, Machines, Labour and materials as ate normally required for taking levels and soundings for the preparation of level charts and cross sections before commencement of work and after execution of works. The contractor shall provide at his own expense experience attendants for the Engineer's representatives to assist him in taking levels and checking of alignments. 4.24 Inflammable stores; The contractor shall comply with all central local regulations in respect of safe storage of all inflammable stores or other materials involving risk to third parties and shall 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 documents required 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 about the site or in connection with the execution of the work, report such accidents to the Engineer's representatives. The Contractor shall also report such accidents to the competent 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 by the Engineer shall be stored by the contractor only at places approved by the Engineer Storage and safe custody of materials shall be the responsible of the contractor. All materials brought to the site shall become remain property' of the Engineer end shall not be removed off the site without the prior written approval of the Engineer-in-charge. But whenever the works are finally completed and advance if any, in respect of any such materials is fully recovered, the contractor shall at his own 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 the contractor. The cost of making any test shall be borne by the contractor. If such test is clearly intended by or provided by in the specification or bill of quantities and (in the cases only 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) is particularized in the specification or bill quantities in sufficient detail to enable the contractor 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 to the works and to the site all workshops and places where work is being prepared or where materials manufactured articles or machineries are using obtained for the works and the contractor shall afford every facility for and every assistance in or in obtaining the right to such access.
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4.28 Inspecting Register: The contractor shall maintain at the site of work on Inspection Register, Which must be produced by the contractor or his agent whenever called upon to do So by the Engineer or his representative during their inspection of the work. If the rectifications ordered to be alone are not carried out within the time specified by the Engineer, the Engineer shall have the right to get such work done by any other agency and to recover the cost thereof from the Contractor. The Inspection Register shall be of duplicate copying to that one copy of the entries or got recorded in the Engineer's Office. 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 in writing from time to time (i) the removal from the site within such time or times as may be specifies in the order of any materials which is the opinion of the Engineer are not in accordance with the contract The substitution of proper and suitable materials and The removal of any proper re-execution (not with standing any previous that thereof interim payment thereof) of any work which in respect of materials or workmanship is not in tile opinion of the Engineer in accordance with the contract.
(ii) (iii)
4.29 Default of the contractor in compliance. In case of default on the part of the contractor carrying out such order, the Executive Engineer shall be entitled to employ and pay other persons to carry out the same and shall expenses consequent thereon or incidental charges shall be borne by the 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 strict accordance with the Contract to the satisfaction of the E11gineer, and shall comply with 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 the Engineer (Subject to the limitations referred to the clause 2 thereof) or from the Engineer'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 the Engineer, 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 the contract being terminated at any stage due to unsatisfactory progress of work, as per clause before mentioned the Engineer shall have the right to execute the portion of works left incomplete using the department labour or any other agency and the contractor 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 the Contractor. (c) Suspension of work The Contractor shall on the written of the Engineer suspend the progress of the work 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 salaries depreciation and maintenance of plants at site on cost and general overhead costs of the contract incurred by the contractor in giving effect to the Engineers instructions under 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 condition s affecting the safety or quality of works or by same default on the part of the contractor (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 cost unless he gives notices in writing of his intention to claim to the Engineer within 28 days 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 of the Engineer be fair and leas reasonable. 4.3 Extension of time The contractor shall commence the Works on site within the period mentioned in the tender after the receipt by him of an order in writing to this effect from the Engineer and shall proceed with the same with the expedition and without delay except 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 the Engineer 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 he considers reasonable for the completion of the work. Contractor Chief Engineer, FHPC, Ch-6.
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In such circumstances the contractor shall apply for extension of time within 15days of the hindrance as account of which he desires such extension as aforesaid. If said 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 other contractor s and if such work is a work, which the contractor should have carried out at the contractor costs shall be entitled to recover from the Contractor the cost thereon or any deduct the same from any money due or that may become due to the Contractor. 4.33 Changes in constitution : Where the contractor is a partnership firm prior approval in writing of the Engineer in 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 concern such approval as aforesaid shall like wise be obtained before~ the contractor enters into any partnership agreement where under the partnership firm would have the right to 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 from additions to or substitutions for the original specifications, drawings designs and instructions that and appear to him to be necessary during the progress of the Work and the contractor shall Corry out the work in accordance with any instruction which may 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, or substitutions shall not Invalidate the contract and any altered, additional or substituted work 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 all respects on which he agreed to do the main work. The time for the completion of the work extended in the proportion that the altered additional Substituted work bears to the 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 the contract 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. Contractor Chief Engineer, FHPC, Ch-6.
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(ii) If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work, the rates will be derived from the rates for simi1e.clause of work on specified in the contract for the work. (iii) If the altered, additional or substituted work for which or rate is specified in the contract for the work cannot be derived from the similar clause of work in the contract, 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 of the entire Work out to tender. (iv) If the rates for the altered, additional or substituted work cannot bi determined in the manner specified in sub-clause (1) to (iii) above, then the rate for such work shall be worked out to the basis of the schedule of rates of the District specified 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 a particular part or parts of the item is not in the schedule of rates the rate for such part or parts Will be determined by the Engineer on the basis of the prevailing market rates when the work was done. (V) If the rates for the altered, additional or substituted work cannot be determined in the matter specified in sub clause (i) to (iv) above, then the contractor shall within 7 days of the date to receipt of order to carry out the work, inform the Engineer 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 liberty to cancel his order to carry out such matter as he may consider advisable. But under no circumstances the contractor shall suspend the work on the plan of non-settlement of rates of items failing under the clause. 4.3 METHOD OF MEASURBMENT Except where any general or detailed description work in bills of quantities or schedule of works / items/ quantities expressly shows to the contrary, bills of quantities 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 the in the schedule of rates specification not withstanding, any provision in the relevant standard method of measurement any general or local custom. I n the case of items which are not covered by the Schedule of rates/specifications measurements shall be taken in accordance with the relevant standard method of measurement any general or local custom. In the case of items which are not covered by the Schedule orates/ Specifications measurements shall be taken in accordance with the relevant standard method of measurement issued by the Indian Standard Institution.
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b) Records and measurement: The Engineer-in-charge all except or otherwise stated ascertain the determine by measurement the Value in accordance with the contract of work and accordance there with. All items having a financial value shall be entered in measurement book level book, etc., prescribed by the Engineer so that a complete record in obtained of all works performed under the contract. Measurement shall be taken jointly by the Engineer -in-charge or his authorized representative and by the contractor or his representative. Before taking measurements of any work the Engineer-in-charge or the person deputed by him for the purpose shall be given reasonable notice to the contractor. If the contractor fails to attend or sent an authorized representative for measurement after such a notice or fails to 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 every appliance and other things necessary for measurement. Measurement shall be signed and dated by both parties each day on the site on competition of measurement. If the contractor objects to any of the measurements, a notice, to that effect shall be made in the measurement book against item objected to and such note shall be signed and dated by both parties engaged in taking the measurements. If in the result of such objection, it becomes necessary to re-measure the work wholly or in .part, the expense of such re-measurement shall be burned by the party requiring the measurements 'to be re-taken, provided that are found by this measurement to amount to loss that 5 per cent of the valve as recorded by the first measurement. Where however the net errors amount to 5 percent or over the said value, the cost of re - measurement shall be borne by the other party any case, if the net 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 with the ,expenditure of provisional of prime cost sums. He shall simply produce vouchers etc. If required to prove to the Engineer-in-charge that the materials supplied by him are 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 he proposed to employ for transporting the materials with particulars of their Cubical contents, 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 same shall be notified by the Contractor. Not withstanding anything stated above payment for the supply of sand ,and gravel shall be per M3 only and also levels based on the initial and final levels, alter watering 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 fully completed/with the requirements under the contract. If the amount payable under and certificate 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 working days from the date of receipt of the written notice issued in this regard by the Engineer, 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 of the disputes portion of the final bill and if he fails to do so within 30 days, his disputed 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 expense within such period of stipulated by the Engineer-in -charge any defect which a develop 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 letter sent '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 and without 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 shall be programmed such .that the work can be completed within the prescribed time. The work 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 Executive Engineer in charge. On regiment or damping work should be executed without the presence of the departmental representative. For slackness the progress due to mechanical defects or of any other cause, the department will not be liable on any account. The Engineer and Engineer-in-charge will penalize the contractor according to the relevant causes in the MDSS for and .delay in the progress. The contractor is advised to provide adequate power facilities for quick loading, unloading and transporting at sea, sand, grave so as to adhere to the time schedule. Contractor Chief Engineer, FHPC, Ch-6.
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4.39 IMAGE TO PROPERTY: The Contractor will be held responsible for any damage or interference censed by him of any of his labourer or to any existing structures, pipes, cables buys or services of any kind. Should the contractor for the purpose of the contract, desire ,to provide temporary moorings 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 harbour or in the waterways so as to interfere with the traffic in the harbour or in the water ways. The contractor shall remove mooring if and when ordered to do so by the Engineer-in charge. 4.40 CLEANING SITE: On completion of the work, the Contractor shall restore the site to a clean condition, disinfect wherever necessary remove all temporary erections, clean away all rubbish and make good and temporary excavated or disturbed ground to leveled surfaces. 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 on his own account or It will be recovered from his bill and amount remitted to the appropriate authorities. 4.42 SETTLEMENT OF DISPUTES BY ARBITRATOR: The Arbitrator for fulfilling the duties set forth in the arbitration clause of standard preliminary specified action shall be the Chief Engineer, PWD, of the Adjacent Circle and in case the value of claim does not exceed Rs. 50,000 and in the case the value of claim Rs. 50,000 and above the remedy will be only through the competent civil court only. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re- thereof and the roles made there under for the time being in force shall apply to the arbitration proceeding under this clause. It is also term of the contract that the party invoking arbitration shall specify the disputes or disputes to be referred to arbitration under this clause together with the amount 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. Contractor Chief Engineer, FHPC, Ch-6.
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It is also a term of the contract that if the Contractor(s) does not make any demand for arbitration if' respect of any claim(s) in writing within 90 days of receiving the intimation from the Engineer that the bill is ready for payment, the claim of the contractor (s) will be deemed to have been waived and absolutely borne and the department shall be discharged and released of alt liabilities under the contract in respect of these claims. The Arbitrator may from time to time with consent of the parties enlarged the time, 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 shall be served by sending the same by post to or leaving the same at the contractor's principal place of business (or in the even of the contractor being a company to or at its registered office) or at contractor's site office or elsewhere as approved by the Engineer. (b) Service of Notices on Engineer: Any notice to be given to the Engineer under the terms of the contract shall be served by lending it same by post to on leaving the same at the Engineer's last known address.
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CHAPTER-2 GENERAL CONDITIONS OF THE CONTRACT 1. In the contract (as hereinafter defined) the following works and expressions shall have the meaning hereby the respectively assigned to them except there the contract otherwise required. a) Engineer successors. means the Chief Engineer of the Tamil Nadu Government and his
(b) Engineer in-charge/Engineer s representative' means Executive Engineer or an Officer appointed by him in writing who shall direct and supervise and be in charge of the works. (c) Constructional Plant means all appliances or things whatsoever naturally require in or about the execution completion or maintenance or works or temporary works (as hereinafter 4ieiined) but does not include materials or other things intended to form or forming part of the permanent work. (d) Contract' means the documents framing the tender and acceptance there of and the formal agreement executed between the department and the contractor together with the documents, referred to therein including the General conditions, special conditions of contract, specifications designs drawing, priced bill of quantities and instructions issued from time to time by the Engineer in charge and all these documents taken together shall be deemed to form one contract and shall be complementary to one another. (e) 'Contractor' means the person or persons or firm or name whose tender has boon accepted by the department or legal personal representative or the successors firm of company and the permitted assigns of such or firm of company. (f) 'Contract price' means the sum named in the tender subject to such additions thereto or deductions there from as may be made under the provisions hereinafter contained. (g) 'Drawing' means the drawings referred to in the contract agreement and any modifications of such drawing approved in writing by the Chief Engineer and such other designs as may free from time to time be furnished or approved in writing by the Chief Engineer (h) 'Site' means the lands and other places on/under/into/in/or through which/the works are to be executed out and any other lands or places or places provided by the Department for the purpose of the contract.
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(i) 'Works' or work means the works by virtue of the contract to be executed in accordance with the contract under the relevant schedule whether temporary or permanent and whether original altered substituted or additional. (j) Temporary 'works' means temporary works of every kind required in the execution completion or maintenance of works and which do not form on item of the work of workers. (k) 'Department stores' means the storage yards for materials of the department wherever established. (l) Schedules referred to in these conditions shall means the relevant schedule(s) annexed to the tender papers issued by the Engineer. (m) 'Approved' means approved in writing including subsequent written confirmation of previous verbal approval and (approval) means approval in writing including as aforesaid. (n) 'Master Price' means the rate as decided by the Engineer in the basis of the cost of materials and labour to the contractor at the site where the works are to be executed plus the percentage mentioned in Schedule to cover all over heads and profit. (o) 'Nominated sub-contractor' means all socialists, merchants, trade men and others executing any special work or supplying any materials for which provisional prime cost sum are included in the contract, who may have been or be nominated or selected or approved by the. Engineer and shall be deemed to be employed by the contractor. (p) 'Prime costs' and 'Prime cost sum' means the amount actually paid by the contractor for any article, commodity or special work and shall include all proper charges for packing carriage delivery to site after deduction of all trade discounts, rates and allowances and the discount -obtainable for cash in so far as such discount for cash exceeds 2 per cent. (q) 'Provisional sum' or 'provisional lump sum' means a lump sum included by the Engineer in the tender documents are shall represent the estimated value of work for which details are not available at the time of issue of tender. (r) 'A day' means a. day of 24 hours from mid-night to the next mid-night irrespective of umbers of hours worked in that day. (s) 'A week' means seven days without regard to the number of hours worked in any day in that week.
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(t) 'A month' means a month according to Gregorian calendar. (u) Provisional items shall upon items for which approximate quantities have been included in the tender documents. (v) 'urgent works' shall means any urgent measures which the opinion of the Engineer-in-charge become necessary the progress of Work to obviate any risk of accident or failure or which become necessary for security. (a) Singular and Plural Works imparting the singular may also include the plural and vice versa where the contract requires: (b) Marginal heading or Notes: The Marginal headings or notes in these General conditions shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof or of the contract. 5.2. Duties and Powers of Engineer's Representatives: The duties of the Engineer's Representatives are to watch and supervise the works and to test and examine any materials to be used or workmanship employed in connection with the works. We shall have no authority to relieve the contractor of any of his duties or obligations under the Contract except as expressly provided hereunder or .else where in the contract to order any work involving delay or any extra payment by the Engineer not to make any variation in the works. The Engineer may from time to time in writing delegate to Engineer's representative any of the powers and .authorities vested in the Engineer and shall further contractor copy of all such written delegations of powers authorities. And written instructions or approval given by the Engineer's representative to the contractor within the terms of such delegation (but not otherwise) shall bind the contractor and the Engineer as though it had been given by the Engineer, provided as bellows: (a) Failure of the Engineer's representative to disapprove any work or materials shall not prejudice the power, of the Engineer pulling down, removal or breaking up thereof. (b) If the contractor shall be dissatisfied by person of any {1ecision of the Engineer's representative he shall be entitled to refer the matter to the Engineer who shall upon confirm reserve on every such decision. 5.3. Assignments: The contractor shall not assign the contract or any part thereof or any benefit or interest therein or there under with the prior written consent of the Engineer.
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5.4. Extension of contract: The contract comprises the construction completion and maintenance of the works and the provisions all labour, materials constructional plant, temporary works and everything whether a temporary or permanent nature required in and for such construction completion and maintenance so far as the necessity for providing the same is specified In 01' reasonable to be informed from the contract. The period for completion of work, stipulated in the tender is the essence of the contract. 5.5. Contract Documents: (a) Languages.-The language in which the contract documents correspondences shall be drawn up shall be English (b) Documents mutually explanatory-Except in and further extent otherwise provided by the contract the provisions of the general conditions and conditions of particular application shall prevail over those of any other documents forming part of the contract. Subject to the for going the several documents of forming part of the contract are to be taken as mutually explanatory of the another but in case of ambiguities of discrepancies the same shall be explained and adjusted by the Engineer who shall thereupon issue to the contractor instruct directing in. what manner the work, is to be carried out. If there are varying conflicting provisions under the document forming part of the Contract the Engineer and the deciding authority with regard to the intention of the document. Any error in description or quantity or stages in schedules of works items or bill of quantities or any omissions there from shall not vitiate the contractor release the contractor from the execution of the work or any part of the works comprised therein according to drawing and specifications or from any of his obligation under the contract. 5.6. Plan of works programme : As soon as possible along with their tender or after acceptance of the tender the contractor should supply to the engineer for his approval his plan of work, giving his proposed registration and temporary inst1:11ation, information regarding instruction of plant, machinery and equipments and various details of the methods, techniques and devices to be employed by him for various items of operations and works during the works in the contract as detailed under various sub-heads. The contractor shall also supply any supplementary information which the Engineer may deem necessary at different stages of work, throughout the currency of the contract. This plan of operations and works programme shall not deviate with these indicated in the Tender and shall not to relieve the contractor of any of his duties responsibilities under the contracts. Contractor Chief Engineer, FHPC, Ch-6.
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5.7. Contractors Superintendence: The contractor shall give or provide all necessary superintendence to the complete satisfaction of the Engineer during the execution of the works and as long thereafter Engineer may consider necessary. The contractor or a competent and authorized agent or representative approved in writing. The Engineer (which approval may at any time be withdrawn) is to be constantly on the work and shall give his whole rise to the superintendence of the same. Such authorized payment or representative shall receive on behalf of the contractor directions and instructions from the Engineer of (subject to the limitations of clause 2 hereof) the Engineer's representative. The contractor's agent and senior site staff shall be enable of receiving and giving instructions understanding specifications drawings and ether instructions and carrying out all their business in English language. Orders given to the contractors agent shall be considered to have the same free as if they had been given to the contractor himself. 5.8. Contractor's labour: The contractor shall employ labour in sufficient numbers either directly or through sub contractors to maintain the required rate of progress and of quality to ensure workman ship of the degree specified in the contract and to the satisfactions of the engineer-in-charge. The contractor shall not employ in connection with the works any person he has not completed his fifteenth years of age. The contractor shall obtained a valid license under the contract labour ( ) of 1970 and the contractor labour regulation and abolition general rules 1971 before the commencement of the work and continue to have a valid license un till the completion of the work. Any failure to fulfill this requirement shall attract the penal provision of the contract arising out of the resultant non -execution of the work. 5.8. (a) Returns of labour: The contractor shall if required by the Engineer deliver to the Engineer's representative or at its office in details such farm and such intervals as the Engineer may prescribed showing the supervisory staff and the number of several clauses of labour from time to time employed by the contractor on the site and such information respecting constructional plant as the Engineer's representative may require.
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5.8 (b) Removal of workman: The contractor shall employ on the execution of the works only such persons are careful, skilled and experienced in their several trades and according to the approval of the engineer. The engineer shall be at liberty to object and request the contractor to remove from the above works .any person employed by the contractor in or about the execution of the works. If the workmen who in the opinion of the Engineer, misconducts himself or in component or negligent in the proper performance of his duties and such persons shall not be again employed in the works without the written permission of the Engineer. 5.9 Watching and lighting: The contractor shall in connection with the works should maintain at his own cost all light, guards, fencing and watching when and where necessary as required by the Engineer or by any competent authority for protection of the safe and convenience for the public or others. All lights provided by the contractor shall be placed or screened So as not to interfere with any signal lights on employer's railways or with any navigational lights or with any traffic or lights of any level or other authority. 5.10. Care of Works: From the commencement to the completion of the works the Contractor shall take full -responsibility for the care of and of all temporary works and in case of any damage, or injury shall happens to the works or to any part thereof or to any temporary works from any cause whatsoever shall be his own cost repair and make good the same so that at completion of works shall be in good order and condition and in conformity in every respect with the requirements of the contract for the Engineer's instructions. 5.11 Third Party insurance: Before commenting the execution of the works, the contractor [but with out limiting his obligations and responsibilities under clause 20 and 22 (b) thereof] shall insure against any damage loss or injury which may accurate any property including that of the employer or any person of including any employee of the Engineer by arising but of the execution works or in the carrying out of the contract. Otherwise due to the matters referred to in the provision to clause 1. (b) Minimum amount of third party insurance Such Insurance shall be effect with an end in paras approved by the Engineer and for at least the amount stated of the tender and the Contractor shall whenever required produce of the Engineer or Engineer's representative the policy of insurance and the receipts for payment of the current premium.
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5.12 (a) Accident or injury to workmen: The Engineer shall not be liable for or in respect of any damages or compensation payable cat law in respect of in consequence of any accident or injury to any workmen or other person ill the employment of the contractor and the contractor shall identify and keep indemnified the Engineer against all damages and compensation and against all claims, demands proceedings costs, charges and expenses whatsoever in reasons thereof or in relation thereto. 5.12 (b) Damage to persons and Property: The Contractor shall (accept if and so for as the specification provided otherwise) indemnify and keep indemnified the Engineer against allowances and claims for injuries or damage to any person or any property whatsoever (other than surface or other damage to land being or crops owing on the site suffered by tenants or occupiers) which may arise out of or in consequence of the construction and maintenance of the works and against all claims, demands, proceedings costs, charges and expenses whatsoever in respect or in relation thereto. Provided always that nothing herein contained shall be deemed to under the contractor liable for or in respect of or to indemnity the Engineer against any compensation or damages for or with respect to. (c) The permanent use or occupation of land by the works or any part thereof or (save as hereinafter provided surface or other damage as aforesaid). (d) The right of the Engineer to construct in works or any part thereof on over, under in or any land. (c) Interference whether temporary or permanent with any right of light air. way or water or other casement or quasi casement which is the unavoidable result of the construction of the works in accordance with the contract. (f) Injuries or damage to persons property relating any act or neglect done or committee during the currency contract of the Engineer his agents servants or other contract (not being employed by the contractor or for or in respect of any claims demands, proceedings, damages costs charges and expenses in respect thereof or in relation thereto. Provided further that for the purpose of his clause the expression the site shall be deemed to be limited to the area defined in the specifications or shown on the drawing i11 which land and crops to be disturbed or damaged as an inevitable consequence of the carrying out of the works.
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5.13. Compliance with rules and regulations: The contract shall confirm to and comply with the regulations and bye laws of the State or General Government or of the department and of all other local authorities, the provisions contained in the various labour acts envisaged by the State legislature and central parliament in force and the Rules and there under including these Minimum Wages Act, Employees Provident Fund Act, 196 and she me make under the said act, Health and Sanitary arrangements for workers safety code, contract lablour (regulation and abolition) Act, 1979 contract (regulation and abolition). Central rules, 1971 welfare and protection of works, workers or for the safe public and other insurance provisions. The departmental shall not be liable for the failure of the contractor in conforming to the provisions of the acts, rules and regulations etc., referred to in the above para in case of any contravention of the provisions of the Acts, Rules, regulations etc., the contractor shall keep the board indemnified against any loss, cost and damage in the event of any action being taken for contravention. 5.14. Fossils, antiquity etc.: All fossils, coins, articles of value of antiguous structures and other remains or things of geological or logical interest discovered on the site of the works shown the sale and absolute property of the Government Department and the contractor shall take reasonable precautions to prevent his workmen if any other persons from removing or damaging any such article or thing and shall immediately upon discovery thereof an before removal acquaint the Engineers representative with such is cover and carryout the Engineers representatives directions as to the disposal of the same at the expenses of the Government Department. 5.15. Materials obtained form excavation: Materials of any kind obtained form excavation on the site shall remain the property of the Engineer and shall disposed off as the Engineer in charge any direct. 5.16. Opportunities for other contractors: The contractors attention is drawn to the fact that the other contractors employed by the Engineer will be the vicinity of the construction of structure. So the contract working arrangement should be in such manner as not to cause hindrance to the other contracts to work continuously 011 separate contracts.
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5.17 Supply of Plan, Materials and Labour : Except where otherwise specified in the contract shall at his own expenses supply and procure all construction plant temporary works materials both or temporary for works under the contract labour (including the supervision) thereof transport to or from the site and in and above works and other things of every kind required for the construction completion and maintenance of the works. (b) The contractor shall not hire out any item of plant or equipment brought by him in connection of the work under the contract to any other party in connection with any work of the latter in the department without the written permission of the Engineer-in-Charge Chief Engineer, such permission mayor may not be granted by the Engineer-in-charge. (c) The contractor shall at his own cost make due arrangements for the proper watch and safety of all materials and plant supplied to him by the department or brought by him for use on this work. He shall not remove such constructional plant or materials from the site without the permission of the Engineer-in-Charge. If any of the materials supplied or constructional plants hired out by the department or a loss or damaged in any way due to negligence carelessness on the part of the contractor or any of his employees, the cost thereof as determined by the Engineer shall be recovered from the contractor from any money due to him or to become due to him. (d) Removal of plant etc: Upon completion of the works, the contractor shall remove from the site all the constructional plant and temporary works remaining thereon any unused materials provided by the contractor. If the contractor failure to remove any such constructional plant, temporary works or unused materials within such reasonable time after the completion of works as may be allowed by the Engineer then the Engineer may sellthe same and shall after educating from the proceeds costs charges and expenses of and in connection with such sale pay the balance if any to the contractor. 5.18. The contractor has to ascertain the availability of materials from the approved quarries. If inferior qualities of materials are supplied they will be rejected by the Engineer-in charge. The contractor has to take his own arrangements to supply materials as specified in special and offer conditions at no extra cost to the department. The materials supplied from other quarry other then furnished should then be approved by the Engineer-in charge before-put into use.
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SPECIAL CONDITIONS The work shall be carried out is strict accordance with the MDSS and addenda volumes. Clean fresh water shall be used for the works. 2. The contractor shall make his own arrangement for water and shall meet all charges therefore. The Spl. Attention of the contractor is own to clause 35(i) of the preliminary specification in the MDSS approved in G.O.Ms. No. 2659, PWD. dated 23rd December 1990. 3. The planks/for frame works and centering the R.C.C work shall be well seasoned timber, approved by the Executive Engineer according to clause 10 of T.N.S.S No. 80. There must be smooth and even finis!). Alternatively the contractor may use steel sheets over wooden frames provided the required finish to the sides of the R.C. works is obtained. Mango planks shall not be provided to the extent and are ordered by the Executive Engineer during execution. 4. All cement concrete for R.C. works shall be machine mixed and vibrated. 5. Departmental machinery such as concrete mixer, vibrator electrical or diesel compressors etc required for the work will be supplied to the contractor if available with the department and hire charges for the same will be recovered at department a 1 rates. 6. If night work is required to fulfill the agreed rates of progress all arrangements shall be made by the contractor including light without any claim for extra rate. 7. The contractor shall not employ the labour below the age of 12 years and shall also note that he might offer employment to ex-servicemen, extoddy tappers and unemployed agricultural labour as for as possible. 8. The tenderer should after employment as many repatriates from Burma and Ceylon and available and required by the department. 9. Payment will be made on detailed measurements. Any of the items in toe schedule may be omitted or Radically altered No variations in the rate become payable to the contractor on account of such omissions or variation in quantities. 10. Before the payment of final bill the contractor shall also produce certificate from the Income Tax authorities that all Income Tax payable by him upto date has been paid. 11. The iron hold fasts shall be built up in the wall in cement mortar I:3 at the time of construction of wall. No extra claim shall be due for same. 12. The teak wood shall be of best Indian Teak wood only and shall be subject to inspection and approved by the Executive Engineer before use on the work.
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13. The country wood (Karimarudn) shall be of best quality only and shall be subject to inspection approved by the Executive Engineer before use, on the work. 14. The site should be cleared by the contractor after the completion of the works as required by the Department. 15. The Executive Engineer reserves himself the right to allot the different sub works to the different contractors or to one and the same contractor as he may decide after the receipt of the tenders. 16. The rates to be tendered for all finished works other than earth work should be inclusive of all leads and lifts in site unless other wise specified in the description of work. 17. The work shall be carried out with the least hindrance to the adjoining building and offices and to other contractor carry out works in the premises and the contractor will be responsible for any damage, caused to in existing fixtures, electric fittings etc., and the course of execution and the contractor shall make good and such damage without any claim for extra. 18. In the case of T. Beams and L. Beams the quantity given in the schedule is the quantity of the rib portion only. The top flange portion will be always measured with the general slab portico and paid front the slab rate only. For RCC works the rate shall include the treatment of bearing as per plate W.No.2 of 1956 and MDSS Page 32 of 1952 edition. 19. PLASTERING All external corners of beams edges of door and window opening etc., shall be finished truly vertical or horizontal as the case may be. The rate for plastering shall include the cost of finishing and no separate extra for finishing the corners, edges of beam etc., will be paid. 20. The materials proposed to be used on the work should confirm to the relevant I.S.S 21. In the event of the work being transferred to any other circle/division /subdivision, the Chief Engineer/ Executive Engineer Assistant Engineer who is in charge of the Circle/Division /Sub-Division having jurisdiction ever the work shall be competent to exercise to all the power of privileges reserve in favour of the Government. 22. Earnest money deposit will be accepted in the shape of small savings Script deposits accounts only. 23. Earnest money deposited, is liable to be forfeited if the tenderer withdraws the tender after acceptance of his tender.
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24. The earnest money will be forfeited and the contract is also liable to be terminated if the accepted tenderer, fails to produce an income tax clearance certificate within a period. The certificate will be valid for one year from the date of issue for all tenders submitted during the period. 25. For doors and windows, the fittings and furniture shall be best quality steel machine made and well Japaneese. The iron hold facts shall be built up in walls in CM 1:3 at the time of construction of walls. No extra claim shall be paid for the same. The furniture fittings for doors and windows should bew got approved by Executive Engineer before use on work. 26. Holes and recesses for electric wirings and water supply and drainage pipe shall be provided during construction in the building as directed by the Executive Engineer without any extra claim. 27. If at any time subsequent to the execution of this agreement, Government materials other than those specified in the agreement are: supplied to the contractor for use on the work they will be charged at the market value prevall1ng in the time of supply or stock issue rate whichever is higher. The Contractor will be informed in writing of this change and he should initiate in view of the fact that he is to use Government materials. No cartage or incidental charge~ will .be borne by Government in connection with supply of materials referred to in this paragraph. 28. The G. I. Pipes and specials shall be approved make conforming to specifications and wheel valves, gate valves, shower valves and screw valves taps of leaner heavy duty. All over special shall be got approve-d by the Executive Engineer in Advance. 29. The water supply fittings has to be done to a finished building. If any portion of the building dismantled it any way damaged on completing the water supply, fittings will have to be restored to the original condition and finished by the contractor at his won cost. The rates of the contractor shall be inclusive of this and no separate payment will be made towards this. 30. The departmental supply of materials will be made at section stores at site of work. The Contractor will make his own arrangement S, for conveyance of the articles cutting them to the required length etc., materials broken or damaged during conveyance while cutting or laying will be rejected and the contractor will have to make his own arrangements for replacing and refixing them at his own. No payment will be made for this. 31. The wash hand basin, water closets, glazed pipes, sinks urinal, etc., manufactured in the Government Ceramic Industries, Virudhachalam only are to be used on the work. 32. All materials is such salad tar homp yard, paint teak wood plugs, screws, etc., required for the work other than the materials mentioned to be supplied departmentally in the Scheduled payment will be made for these.
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33. The grills shall be tested by the contractor before the payment of final bill and any leakage of fault found shall be certified by the contractor to the satisfaction of the department without any claim for payment therefore. 34. The plan showing the arrangement of water supply and monitory lines will be available for perusal in Division Office during working hours. The work shall be carried out only as be this plan and deviations for this must be got approved only by the Executive Engineer before hand. 35. Government does not undertake to take over from contractor whether before or after the completion determination of contracts surplus materials which are originally procured by the contractors for themselves or were issued to them and charged to their account sunder paragraphs 3 and 4. So materials are the property of the contractor and can be taken only by Government. If required for use on other works in progress only by special arrangements at the prerateling market rate viz. of a similar description can be procured at a given time at the stores, go down, public market suitable to the Division for obtaining supply thereof. If the materials were originally supplied by Government the price allowed to the contractor requisition would not exceed the amount charged to the contractor excluding the element of storage charges if any. 36. No tools of any kind will be supplied, by the department of the department undertake to arrange for the purpose of tools on behalf of the contractor who shall himself make shall himself make all arrangements for providing the tools and plants required for the work. However, tools and plants if available with the Government department will be given on hire to the contractors at the recovery rates fixed by the Government. 37. Hand rollers as directed by the departmental Officers should be used for consolidation and roller with the hired by the contractor. 38. The amount if any to be recovered from the contractor during executing the work will be recovered from the running bills at the discretion of the Engineer. 39. If the amount is not sufficient to be recovered from the running bills including withheld security deposits etc. and even if the work is under progress recovery will be made under revenue recovery act. 40. Even if the work has been completed and final payment made, and all withheld amount security deposit, etc., were paid to the Contractor if any amount is liable to the Government then also recovery will be made under revenue recovery etc.
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SCHEDULE C- SPECIAL CONDITIONS 1. The Executive engineer will be at liberty to carry out any portion of the work at anytime either departmentally or through any other agency in the interest of Government work without assigns any reasons, if the selected contractor was is actually doing the work delays or is doing bad work. 2. The sheds for storing materials should be put up by Contractor or at his own cost. He shall also provide necessary water supply health and sanitary arrangements to the labour engaged on work as per clauses 37 and 38 of the MDSS at Contractors cost 3. The rate quoted by the tenderer for Schedule items work shall be for property executing the work completely and shall cover such charges as incidental but not detailed of specifically in the schedule. For example no extra claims on account of incidental charges like ring bonding repetition of earth work excavation in the same reach necessitated by wave action valing our water sharing etc. carried out as per necessity for proper execution of the item shall be admissible. 4. Additional items of work contemplated in the tender contract schedule should not be executed without the written order of the Chief Engineers Payment for each items will be made only after the rates for the items are settled in the advance and accepted by competent authority. 5. The Contractor should make his arrangements at his cost to provide approach jetty or other temporary constructions as required during the execution of work. The contractor shall obtain specific approval in writing for other temporary construction and also for using the department road from the Chief Engineer in charge of the work. The approach road up to the beach limits will be formed departmentally and contractors at the work site for the movement of vehicles should be formed by the Contractor at his own cost and no payment shall be made by the Department for the tracks formed by the contractor at the site for his own convenience. The contractor has to maintain the road after formation till the period of contract is over at his cost. 6. The Contractor shall take out license under the explosive rules 1940 and subsequent amendments for the use of gun powder gellatine and other blasting materials required by him. 7. The contractor shall offer employment to Ex-today tappers and unemployed agricultural labourers as for as possible. The Contractor shall not employ labouer below the age of 12 years. 8. The night work as ordered to fulfill the agreement rates of progress all arrangements shall be made by the Contractor inclusive of lighting without any claim for extra payment.
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9. The royalty charges due for use of private quarries and private land shall be paid by the Contractor. No plat rest shall be charged for material stocked on the Government land during the course of construction, provided all such materials are removed within 15 days after work is completed. The plot rem fixed by the Chief incharge of the work will be final over and limit specified above. It will be the responsibility of the contractor to obtain necessary land for stacking material is for the proper execution of the work. 10. The Contractor shall produce sales tax and income tax clearance certificate for the current period before the final bill is paid to the Executive Engineer incharge of the work for perusal and return. 11. Intermediate payment will not be made unless the value of work date and measured up to date amount to Rs.10,000 or more part rate on the work done will be allowed b the Executive Engineer under special circumstances on the specific request of the contractor after deducting suitable amount according to the nature of the work to safeguard the interest of the Government. The decision of the Executive Engineer will be final in the matter unless and otherwise ordered by the Chief Engineer. 12. In the event of the work being transferred to any other circle. Division, SubDivision the Chief Engineer /Executive Engineer Assistant Executive Engineer who is in charge of the Circle/Division/Sub-Division having jurisdiction over the work shall be competent to exercise to all the powers and privileges reserved in favour of the Government. 13. The departments reserves the right to abandon the work at any stage it necessary arises and the contractor will be paid only for finished item or work. 14. The Contractor shall be solely responsible for the payment of Sales Tax under the provision of Madras Sales Tax Act 1939 as in force for the time being and rates for the various items of work shall remain unafected by any charge that they may be made from time to time in the rates at which such tax in payable. 15. Wherever the condition stipulated in the general conditions of the contract special specification and condition of the contract additional and other condition contract and those specified stipulated in the MQ.,SS differ the former will be applicable to the contract. In the event of there being no district specification either in MOSS or in the above additional specification attached to this contract, the work shall be carried out in all respects in accordance with the instructions and requirement of the Executive Engineer. 16. The Contractor will be allowed to erect store sheds, machineries, etc., only one week before the commencement of the work. All such temporary structure unused material etc., should be removed and the site cleared with a period of fifteen days after the physical completion of the work. 17. The Contractor shall prepare a port chart for works costing more in Rs.5.00lakhs and produce the same be before starting the work.
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18. The tenderers who are themselves not professionally qualified shall undertake to employ qualified technical men at their cost to look after the work. The tenderers men required by the department specified in the schedule below for the work. In case the selected technical men professionally qualified or has undertaken to employ technical men under him he should see that the technical qualified men is always at the site of the work during working hours personally checking, all the items of work and paying extra attention to such works as may demand social attention (eg) reinforced concrete works etc. 19. Serial Number (1) 1 Value of. (2) Up to Rs.100 Lakh Qualification and number of Assistant to be employed. (3) No Technical Assistant need to be employed if situation and nature of work warrants, a diploma holder in Civil Engineering or a retired Junior engineer may be employer. The Diploma holder in Civil Engineering (or) not less than one retired Junior Engineer. One B.E. (Civil) or equivalent degree holder or not less than one retired sub-Divisional Officer (AEE or ADE) or one Diploma holder with three years experience. One B.E. (Civil) or equivalent degree holder with three years experience in Civil Engineering Works or not less than one retired Sub Divisional Officer plus one diploma holder in Civil Engineering with three and five years experience respectively.
Rs.1.00 Lakh to Rs.500 lakhs
Rs.5.00 lakhs to Rs.10.00 lakhs -
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One B.E. (Civil) or equivalent cegree holder with three years experience or not less than or retired Sub-Divisional officer (retired AEE. or ADE.) plus two diploma holders in Civil Engineer/two retired Junior Engineers.
ALTERNATIVE: One B.E. (Civil) or equivalent holder with three years experience not less than one retired Sub Divisional Officers and one more B.E.(Civil) or equivalent degree holder. 6 Above Rs.50.00 lakhs To be examined in individual cases depending on the nature of work and the technical skill involved and defined in the tender notice regarding the number of qualified technical personnel to be employed by the Contractor.
Note Items should be scored out and in case it is not applied. (ii) If the tenderer who is not professionally qualified, fails to employ the technical assistant as indicated above for non-employment of technical men. A penalty will be imposed as detailed below. a) Rs. 2000/- Per month for diploma holder. b) Rs.5000/- per month for degree holder. c) Note In case the contractor who was professionally qualified is not in a position to remain always at the site of work during working hours personally checking all items of words as may be and special attention (Engineering) RCC works etc., he should employ technically qualified men as prescribed for them. The employment of Technical Assistant should be based only on the value of contract, Engineer with mechanical Engineering qualification retired from Civil Engineering Department are also suitable to supervise the Civil Engineering works because of their experience in Civil Engineering field.
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20. A movement register would be opened and maintained for technical assistance employed by the contractor for the technically qualified contractor. The technical Assistant or technically qualified contractor should note the arrival and departure timings everyday along with their initials. Such register should produce during inspection of the Inspecting officers. 21. No separate charges will be paid to the contractor for unbending or straightening of M.S. rods) when such rods supplied departmentally happened to be in bent shape or in coils. 22. The Entire work should be carried out as per specifications in the Tamil Nadu detailed standard specifications. 23. The rates specified the schedule for the different items of works and for the finished work and no extra will be paid for baling and pumping of water sharing strutting etc., All baling and pumping charges incidental on the works shall be borne by the Contractor.
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SCHEDULE D Applicable in of work other than those relating to roads channels and canals (where a minimum of fifty workers employed). Rules of the provision of health and sanitary arrangements of works. The Contractors special attention is invited to clauses 37, 38, 39 and 51 of the preliminary specifications of the MISS and be is requested to provide at his own expense the following amenities at the satisfaction of the Executive Engineer. First Aid: At the work site there shall be in a readily accessible place, first aid appliance and medicines including and adequate supply of sterilised dressing and sterlised cotton waste. The appliance shall be kept in good order. They shall be possessed under the charge of a responsible person who shall be readily available during the working hours. The Contractor shall at his own expense provide or arrange for the provision of footwear for any labourer joining cement mixing work involving the use of tar, mortar, etc., to the satisfaction of the Engineer in charge and on his failure to do so department shall be entitled to provide the same and recover the cost from the Contractor. Drinking water: (a) Water of good quality fit for drinking Purpose shall be provided for the work people on a scale of not less than 15 liters per head per day. (b) Where drinking water is obtained from an intermittent public water supply 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 15 metres from any latrine, drainage or any other source of pollution. Where water has to be drawn from an existing well in which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn from it for drinking. All wells shall be properly closed in and be provided with a trap door which shall dust and water proof. A reliable pump shall be fitted to each covered well the door shall be kept, locked and opened only for cleaning of which shall be done at least once a month. Washing and bathing places: Adequate washing and bathing places shall be provided separately for men and women, such places shall be kept In and drying condition. Bathing. washing should not be allowed in or nearby and drinking water well.
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4. Latrine and Urinals: These shall be provided wherein the proximity of every 5and the accommodation or separately for each of them, shall be in the following scale as directed tending Engineer in particular case. (i) Where the number of persons employed does not exceed 50: (ji) Where the number of persons employed exceed 50 but does not exceed 100 (iii) For every additional 100 persons 2 3 3 seats seats seats
If women are employed separate latrines and urinals screened from those for men shall be provided on the same scale. Except in work places provided wit11 water flushed latrines connected with a water borne sewage system, all latrines shall be provided with receptacle on dry earth System ,which shall be claide atlest form use daily are atleast twice during working hours and kept in strictly sanitary conditions. The receiptable shall be tired inside and outside atleast once a year. The excreta from the latrines shall be proceed if at the Contractor's expense to outway pits approved by the local public health authority. The contractor shall also employ adequate number if scavengers and conservancy staff to keep the latrines and urinals in clean condition. 5. Shelter during rest: At the work site, there shall be provided free of cost two suitable shelters one for male and other for rest separately for men and Women for the Use of labourers. There should be concrete provision of rest shelter for women. 6. Creaches: At every work place at which 50 or more women workers are ordinary employed there shall be provides 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 for infants games and play and the other as the other as their bed room. The huts shall not be constructed on a lower standard than the following: 1.Thatched roofs 2. Mud floors and wall 3. Plants spread over the mud floor and covered will mating. 4. Where the number of women workers is more than 25 but less than 30, the contractor shall provide atleast 1 but one day to look after children of women workers.
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The size of creaches shall very according to the number of women workers. The size of creach or creaches shall be properly maintained and necessary equipment like toys, etc. shall be provided. The huts shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweeping to keep the places clean. There shall be two days attendancy sanitary utensils shall be provided to the satisfaction of the Health Officer of the area concerned. The use of the huts sha11 be restricted to children their attendants or mothers of the children. 7. Canteen: A cooked food canteen on a modern scale shall be provided for the benefits of workers, if it is considered expendant. 8. Ambulance, facility: Where large work places are situated in cities, town or their suburbs and no beds are consider necessary owing the proximity of city or town hospitals suitable transport shall be provided to facilitate removal of urgent case sheet 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 token serious ill to the nearest hospitals. 9. Shade for workmen: The Contractor, should provide at his own expenses sheds for housing his workmen. The 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 of about 8 feet into 4 feet for two persons shall be provided. The sheds are to be in rows with 5 clear space between sheds and 80 feet clear space between rows if conditions permit. The work peoples camp shall be laid but in units of 400 persons each unit to have a space of 10 feets around. 10. Labour regulation and scaffoldings: (i) A suitable scaffoldings shall be provided for works for all work that cannot be safely done from a ladder or by other means. When a ladder is used an extra labourer shall be for holding the ladder and the ladder shall be given or inclination hot steeper than 0.25 t6 1 (0.25 horizontal and 1 vertical) when the ladder is used for carrying materials as well suitable footheles and head holes shall be provided on the ladder (b) A scafold shall not be constructed taken down of substantially altered except:
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(i) Under supervision of a competent and responsible persons. (ii) As far as possible by competent workers possessing adequate all scafolds and appliances corrected here with and all ladders shall (i) be of sound materials (ii) of adequate strength having regard to the lauds strains to which hey will be subjected and experience in such kind of work. (iii) Be maintain in proper condition. (iv) Scaffolding or staging more than 35 meters above the ground floor shall have guard chain properly attached bolted, traced and otherwise secured at least Q.2M above the .floor or platform of such scaffoldings staging and extending along with entire length of the outside and ends thereof with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from awaying from the bailing of structure. Scaffolds shall be constructed that as part thereof can be displaced to consequence of normal use. Seaffolds shall not be ever loaded and as far as possible shall be evenly distributed. Before installing lifting gear or scaffolds special precautions shall be taken to ensure the strength and stability of the scaffolds. Before allowing scaffolds to be used by his 'workmen every employer shall see whether the seaffold created by his work or not take steps to ensure that is complies fully with the requirements to this articles. II. Working platforms gangways and stairways shall (a) Be of so constructed that no part thereof be unduly or unequally. (b) if the height of the platform or gateway or stairway is more than 3.5 meters above ground or floor ,level they should be closely boarded should have adequate with and should be suitably fenced as described above. (C) be so constructed and maintained having regard to the prevailing condition so as to reduce as far practicable risks. (d) be kepr from any unnecessary obstruction. In the case of working platforms gangway working places and stairways at a height exceeding that to be prescribed by national laws or regulations.
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3 Every working platform and every gangways shall be closely, boarded unless otherwise adequate measures are taken to ensure safety. Every working platform and every gangway working place and stairway shall be fenced. Every opening in the floor of the building or is a working platform shall except for the time and the extent required allow the excess of persons or the transport of shifting of materials be provided with suitable means to prevent the fall of persons or materials. (a) When persons are employed on a roof where there is a danger of falling from height exceeding that to be prescribe by national laws or regulations suitable precautions shall be taken to prevent the fall of persons or materials. (b) Suitable precautions shall be taken to prevent persons being struck by article which might fall from scaffolds other working places. 1. Safe means of access sh3Il be provided to all working platforms and other work places. 2. Every place where work is carried out and the approach there shall be adequately lightened. 3. Every ladder shall be securely fixed one of such length as to provide accrue hand hold and foothold every position at which it is used. 4. Adequate precautions sh8ll be taken to prevent danger from electrical equipment. 5 No materials on the site shall be so stacked placed as to cause danger to any persons or to public. HOISTING APPLIANCES: 1. Hoisting appliances and shackle including their attachment, acanchorage and support shall be of good technical construction should materials and adequate strength and from patent defect and be kept in good rejected and good working. 2 Every rope used in hoisting or lowering materials as means of suspension shall be of suitable quality and a strength and free from patent defect. 3. Hoisting machines and tackle shall be examined and adequately tested after erection on the site before and use in position at intervals to be prescribed by notional law of regulations. Contractor Chief Engineer, FHPC, Ch-6.
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4. Every chain, ring hook, shackle swivel and pulley block used in hoisting or lowering materials as or mean of suspension shall be necessarily examinee. 5 Every crane driver or hoisting appliances operator sh21Ibe properly qualified 6 No person under an age to be prescribed by notional or rogations shall in control of an hoisting machine including may scaffold which are given signals to the operators. 7. In the case of e every hoisting machine and of chain link hook, shockles, swivel and pulley block used in hoisting or lowering or as a means of suspension the safe working load shall be ascertained by adequate means. 8 Every hoisting machine and all gear referred to proceeding paragraph shall be plainly marked with the safe working load. 9 In the case of a hoisting machine have a variable safe working loss and the conditions under which applicable shall be clearly indicated. 10. No part of any hoisting machine or of any gear referred to in paragraph 7 above shall be loaded beyond safe working load except for the purpose of test. 11 Motor gearing and other dangerous part of hoisting appliances shall be provided with efficient safeguard. 12 Hoisting appliances shall be provided with such means as well as reduced the minimum the risk of the accidental account of the land. 13 Adequate precautions shall be taken to reduce to a minimum risk of any part of a suspended load becoming displaced. SAFETY EQUIPMENT AND FIRST AID All necessary person safety equipment shall be available for the use of the persons employed on the work maintain the condition suitable far immediate use. 2. The workers shall be required to use the equipment thus provided and employer shall take adequate steps to make use of the equipment by those concerned. 3. When work is carried on in proximity to place where there is a risk of drawing all necessary equipment should be provided and kept ready for use and all necessary steps should be for the prompt rescue of any persons in danger.
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4 Adequate provisions shall be made for first transport of all injuries likely to be sustained during the course of works. PAYMENT: Where there are complaints of non payment wages bill may be withheld pending all clearance certificate from the labour department. All payment .of wage$ shall be made on a working day except when the work is completed before the expiry of the wage period in which case final payment shall be made with in 48 hours of last working day. The term working means a day on which the work as which labourer shall appellate authority in this regard. Any person aggrieved by the decision of Commissioner of labour of Officers deputed by him to conduct enquiry may appeal against such decision to the Chief Engineer's in charge of the building works. The Commissioner of Labour shall be the appellate authority in this regard. The contractor is bound to allow or cause to be allowed to the labourers directly or indirectly employed in the works on day rates for six days continuous work and day, wages at the same rate as for duty. In the event of default the Execrative Engineer or A.E.E. concerned shall have the- right to deduct the sum or sums not paid on account of wages for weekly holiday to any labourer and pay the same to persons entitle(l there it from any money due to the contractor. 5. In the case of appeal is made by the Contractor clause 3 above, actua1 payment to labourers will be made by the Executive Engineer after the Commissioner of Labour has given discussion on such appeals. (i) An workman shall be entitled to be represented in any investigation or enquiry under these regulations by (ii) An Officer of a registered trade union of which he is member. (iii) An Officer or a Federation of trade union of which trade union referred to in clause (as in affiliated) (iv) Where the employer is not a member of any association employed is by an Officer of any association of connected with or by other employer engaged in the Industry in which the employer is engaged. (v) No party shall be entitled to be represented by legal practitioner in any investigation or enquiry under the regulations. 7. All fines realised from the workers shall be applied only to such purposes beneficial to the persons employed are approved by a specified authority. (i) Where the worker is not a member of any registered union by an Officer of a registered trade connected with there is employed.
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(ii) An Officer of an association of employers of each member. (iii) An Officer of a federation of association Engineer to which the association referred to in class above is affiliated. 8 The Contractor shall maintain wage register of an worker in such form as may be convenient but at the same time it shall include the following particulars. (i) (a) Rate of daily or monthly wages (b) Nature of work in each which employer (c) Total number of days worked during wage period (d) nil deduction from the wage with an indicator in each case of the grounder which the deduction is made (e) wage actually paid for each wage period. (ii) The Contractor shall also maintain a wage card for each worker employed all the work. The wages slips should also contain the particulars as in the above clause. Every contractor shall get the signature or thumb impression of every worker in wage books. 9 One I.T.I trained mason for every 10 mason or part thereof shall be employed by the Contractors executing the work. 10 The name of the trainees so employed shall be intimated to the Executive Engineers concerned along with as the required Certificate as for he training undertaken.
Contractor

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GOVERNMENT OF TAMIL NADU FISHERIES DEPARTMENT

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

Chief Engineer, FHPC, Ch-6.

GOVERNMENT OF TAMIL NADU FISHERIES DEPARTMENT

Chief Engineer, FHPC, Ch-6.

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

Chief Engineer, Fishing Harbour Project Circle, Chennai - 6.

Chief Engineer, FHPC, Ch-6.

Class I contractor and above.

Class I contractor and above.

L.S. (Rate quoted tender system)

Chief Engineer, Fishing Harbour Projects Circle, Chennai-6

Chief Engineer, FHPC, Ch-6.

GOVERNMENT OF TAMILNADU FISHERIES DEPARTMENT

VALUE PUT TO TENDER :

DATE OF TENDER ISSUED FROM

19.12.2012 10.12.2012 to 18.12.2012

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Rs. 10.00 lakhs to Rs. 25.00 lakhs

Chief Engineer, FHPC, Ch-6.

Rs. 25.00 lakhs to Rs. 50.00 lakhs

Above Rs.50.00 lakh

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Above Rs. 10.00 Lakhs And upto Rs. 50 lakhs

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Name of technical staff proposed to be employed. 1. 2. 3.

Qualification and experience.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

SCHEDULE 'B' 'List of Drawings Supplemental List

Drawing Description number

Date on which the drawing was supplied.. (7)

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

16 22 33 225 30 600 10 0.80

23 33 43 225 30 600 10 0.80

27 37 53 225 30 600 10 0;80

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.

Chief Engineer, FHPC, Ch-6.