A. P. D. S. S.

PRELIMINARY SPECIFICATIONS
ANDHRA PRADESH
DETAILED STANDARD SPECIFICATIONS

V. VENKATA NARAYANA,
Deputy Executive Engineer (R&B)
07799139399, 9440818440,
[email protected]
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10/8/2013 VV Narayana 2
 DEPARTMENTAL CODES

• The FOUR Departmental Codes relating to Engineering

personnel working in Andhra Pradesh State.
I. The Andhra Pradesh Public Works Department Code.
 Called in short as ”D” code
code..
II. The Andhra Pradesh Public Works Account Code.
 Called in short as “A” Code.
III. The Andhra Pradesh Detailed Standard Specification.
 Called in short as ‐APDSS.
IV. The Andhra Pradesh Standard Scheduled Rates and Standard Data.
 Called in short as SSR and DATA .
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 I. The Andhra Pradesh Public Works Department Code.

”D” code deals with

 –  Establishment and Organization of  of Department,
Department,
 –  Classification of 
of the
the operation of 
of the
the Public Works Department,
 –  Administrative approval,
 –  Technical Sanction,
 –  Preparation of 
of Projects,
Projects, Reports and Estimates,
 –  Execution of 
of Works,
Works,
 –  Completion Reports,
 –  Public Building,
 –  Miscellaneous rules regarding office works.

10/8/2013 VV Narayana 4
 II. The Andhra Pradesh Public Works Accounts Code.

”A” code deals with

 –  Preparation of 
of Bills
Bills and matters pertaining to the Bill,
 –  Procedure of 
of Scrutiny
Scrutiny of 
of work
work bills,
 –  Contract Procedures relating to L.S. and K2 Contracts,
 –  Agreements of 
of peace
peace works

10/8/2013 VV Narayana 5
III. The Andhra Pradesh Detailed Standard Specification.

”APDDS”
 APDDS previously known as MDSS‐Madras Detailed Standard
Specification
 It is an indispensable book to all Engineering Departments.
 It evolves to govern all the Engineering Branches of 
of the
the Government or
Autonomous bodies.
 It is the authority which the contractors have to invariably follow.
 Contract Act , the Constitution and other laws prevail and not APDDS,
 This code consists of 
1) PR
PREL
ELIM
IMIN
INAR
ARY
Y SPECIFICATIONS.
2) ST
STAN
ANDA
DARD
RD SPECIFICATIONS.
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III. The Andhra Pradesh Detailed Standard Specification.
 PRELIMINARY SPECIFICATIONS‐ 73 N0 ::
 Embodies the contractual relationship between the Government and the
Contractor.
 Are non‐statuary and are invalid before Law.
 Are amenable to (inclined to) the provisions of 
of Contract
Contract Act.
 Additions and alterations will be approved by the Government.

 STANDARD SPECIFICATIONS
SPECIFICATIONS –
 – 16 Sections::
 Are Technical Specification of 
of works,
works, River Conservation and Road Works.
 Additions and Alterations (which do not involve Legal implications) will be
approved by Chief 
Chief Engineer
Engineer (General).

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 ENGINEERING DEPARTMENTS in ANDHRA PRADESH

Government of 
of Andhra
Andhra Pradesh consists
of THREE
of  THREE branches ::
I. Public Works Department,
II.. Ir
II Irri
rig
gati
tion
on Department,
III. Roads and Building Department
Department..

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 AUTONOMOUS BODIES OF ENGINEERING
in ANDHRA PRADESH

Government of 
of Andhra
Andhra Pradesh consists of 
of following
following Autonomies Bodies::
1) Panchayat Raj Engineering Department,
2) Municipal Engineering Department,
3) Water Works and Drainage Board,
4) Housing Board,
5) Tirumala‐ Tirupathi Devasthanams,
6) Roads Transport Corporation,
7) Electricity Board,
8) Police Housing Board.

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 IMPORTANT NOTE ON GOVERNMENT ORDER

A Government Order issued by the

Engi
Engine
neer
erin
ing
g De
Depa
part
rtme
men nt, on an
any
y pa
part
rtic
icul
ular
ar
matter will apply to other Engineering
Departments also, unless a different
Government Order is issued on the same
matter in respect of other Department.

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 A.P.D.S.S SECTIONS ‐ 10

A. Preface No. 1‐10

B. Statement of 
of approximate
approximate quantities in Schedule A No. 11‐13
C. Drawings and Specifications No. 14‐19
D. Materials and Workmanship No. 20‐32
E. Included in Contract rates No. 33‐43
F. Res
espo
pons
nsib
ibil
ilit
itie
iess and Liabilities of 
of the
the Contractor No. 44‐51
G. Miscellaneous No. 52‐57
H. Date of 
of commencement,
commencement, completion, delays, extensions, suspension of 
of work
work
and forfeiture No. 58‐61
I. Particulars of 
of Payment
Payment No. 62‐72
J. Arbitration and Claims of 
of Contractors
Contractors on Arbitration cases No. 73

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 PRINCIPLE of 
of SUPERMACY
SUPERMACY of 
of SOVEREIGN
SOVEREIGN

 The A.P.D.S.S is a code which had its humble beginnings during the British
period, in the year 1922 A.D.
 At that time Public Works were at low key.
 The law did not develop as it is today.
 The Imperial regime evolved a Code more on the principle of supremacy
of Sovereign at the expense of contractors.
 Af
Aftter In
Ind
dep
epen
ende
den
nce
ce,, th
the
e Con
ontr
tra
act
cto
ors have ch
chal
alle
leng
nged
ed man
anyy of ththe
e
provisions of the code which are onerous, involving heavy obligations .
 Th
The
e Co
Cour
urts
ts ha
hav
ve de
decl
clar
ared
ed so
some
me of th
the
e Pr
Prel
elim
imin
inar
ary
y Sp
Spec
ecif
ific
icat
atio
ions
ns as
invalid.
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 SPECIFICATIONS & COURT JUDGMENTS

The sections frequently raised in the Court of 

of Law.
Law.
 PS 59. Delays and Extension of 
of time.
time.

 PS 60.
60. Delays in commencement or progress or neglect of 
of work
work and
forfeiture of 
of earnest
earnest money, security deposit and withheld amounts

 PS 69. Interest on money due to contractor.

 PS 71. Recovery of 

of money
money from contractor in certain cases.

 PS 73. Arbitration.

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 SHALL

The use of 

of the
the word
“shall”
in making the provision
is Intended to make the provision it self 
Obligatory (routine as to be expected of 
of everyone)
everyone)
not
Directory (give authoritative instructions).
10/8/2013 VV Narayana 14
 1. Intent and Reference to A.P.S.S.

The Andhr
Andhra Pr
Prade
adesh
sh St
Stand
andar
ard
d Spe
Specif
cific
icat
ation
ionss ar
are
e in
inte
tende
nded
d
to describe
a) The char
charact
acter
er of the mat
materi
erials
als to
to be used
used::
b) The met
method
hod of ex
execu
ecutio
tion
n of work:
work:
c) The contr
contract
actor’
or’ss re
resp
spons
onsibi
ibilit
lities
ies and lia
liabil
biliti
ities
es to the Pub
Public
lic,,
Govern
Governmen
mentt and his wo
workm
rkmenen and
d) General Conditions which are to be accepted by every
cont
contrract
actor
or wh
who
o exec
ecut
ute
e th
the
e wor
ork
k en
entr
trus
uste
ted
d to him by th
the
e
PWD of Andhra Pradesh.
10/8/2013 VV Narayana 15
 1. Intent and Reference to A.P.S.S.

When ever
The term “Standard Specification” or
The abbreviation “A.P.S.S.”
is used in
the Estima
Estimate
te or Contr
Contract
act docu
document
ment
it shall refer to
the relevan
relevantt specificati
specification
on in A.P.S.S.
A.P.S.S. book and
its addenda volume.
10/8/2013 VV Narayana 16
 2. Applicability of 
of A.P.S.S.
A.P.S.S.

• When a Standard Specification NUMBER is defined in a tender

notice or in the contract schedule
 –  It is not necessary to include the Standard Specification for any item of 
work in any contract document .
 –  The contractor is to execute the work according to such Standard
Specification.
• This Preliminary Specification shall apply to all agreements
entered into by contractors with P.W.D.
• It shall form an inseparable condition of 
of contract.
contract.
10/8/2013 VV Narayana 17
 3. Contractor to sign in the Divisional
(or the Sub‐Divisional) copy of 
of A.P.S.S.
A.P.S.S.

• Every P.W.D. Contractor ::

 –  Shall carefully study Standard Specifications for all items of 
of work
work included in
the schedule of 
of work.
work.
 –  Shall carefully study his obligations under the “Preliminary Specification”
which apply to all agreements,
 –  Shall sign in the Division copy of  the A.P.D.S.S. as evidence that he
(i)understands the conditions of 
of contract
contract governing his agreement and
(ii)accept the conditions.
 –  Shall peruse (read) the Divisional office copy to become conversant with
sanctioned alterations or additions made to A.P.D.S.S.
 –  Shall sign alterations and addendum volume maintained at Divisional office.
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 4. Term “Specification” apart
from “Standard Specification”

When Specification (Standard specification)

is used in contract document
 Meaning :: The specification or plan prepared for the
particular item referred to in the document.
 Instruction :: It is an instruction of 
of the
the contractor in
executing that ITEM of 
of work.
work.

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 5. Sub‐Specifications

 Works of similar nature are grouped under

one specification number.
 They have many common clauses in their
specification.
 The group is called “General”.
 Sub‐specification are given an alphabetical
“suffix”.
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 6. Additions and alterations to the standard
specifications in the A.P.S.S.

Additions and alterations to

The standard specifications in the A.P.S.S
A.P.S.S..
Will be approved by the Chief Engineer (General)
in consultation with other Chief Engineers, only in
case the additions and alterations do not involve
legal implications.
implications.
Preliminary speciation and Standard forms
Will be approved by Government.
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 7. Powers of 
of Superintending
Superintending Engineers and Executive
Engineers to supplement or alter A.P.S.S.

ALTERATION::
 Superint
Superintending
ending Engineer
Engineer and Executive
Executive Engineer may alter
alter the Standard
Specification for any particular contract , which is within their powers of 
sanction.
 Alteration may be done when such alteration found necessary.
 Correction sheet
 Shall be attached to the contact form.
 Shall show the
the Sta
Standar
ndard
d Specific
Specificati
ation
on number
number and the
the correcti
corrections
ons made
made..
 Sh
Shal
alll be signe
signed
d by Super
Superin
inte
tend
ndin
ing
g En
Engi
gine
neer
er or Ex
Exec
ecut
utiv
ive
e En
Engi
gine
neer
er as the
case may be together with the signature of the contractor.

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 7. Powers of 
of Superintending
Superintending Engineers and Executive
Engineers to supplement or alter A.P.S.S.

ADDITIONAL SPECIFICA
SPECIFICATION
TION ::
 Su
Supe
peri
rin
nten
endi
ding
ng En
Engi
gine
neer
er an
and
d Ex
Exec
ecut
utiv
ive
e En
Engi
gine
neer
er
may made additional specification for items for
which there no Standard Specification.
 Additional Specification sheet
 Shall be attached to the contact form.
 Shall be
be signed
signed by Super
Superint
intendi
ending
ng Engineer
Engineer or
or Ex
Executi
ecutive
ve Engine
Engineer
er as
the case may be together with the signature of the contractor .
10/8/2013 VV Narayana 23
 8. Definition of 
of terms
terms

EXECUTIVE ENGINEER ::
 The Ex
The Exec
ecut
utiv
ive
e En
Engi
gine
neer
er re
reffer
erss to th
the
e Ex
Exec
ecut
utiv
ive
e En
Engi
gine
neer
er
being in charge of for the concerned work under execution.
Or
 Dep
epar
artm
tmen
enttal as
assi
sisstan
ants
ts or su
sub
bor
ordi
din
nates to whom th
the
e
Executive Engineer have delegated certain duties.
 The assistants or subordinates shall act individually within
the scope of the particular duty entrusted to him.

10/8/2013 VV Narayana 24
 8. Definition of 
of terms
terms

EXECUTIVE ENGINEER ::
 The Executive Engineer, Superintending Engineer
or higher authority should not delegate powers
which affect agreement and contract conditions.
 The duties of 
of such
such assistants or subordinates will
be solely duties of 
of supervision
supervision to ensure
compliance with contract conditions.

10/8/2013 VV Narayana 25
 8. Definition of 
of terms
terms

CONTRACTOR ::
 A particular person, firm or corporation with whom an agreement has
been made by the Executive Engineer or higher authority for executing
work defined in the contract agreement.
 It shall include the contractor’s authorized agent, who is maintained on
the work by the contractor.
 When two more contractors are engaged on construction work in the
same vicinity, the Executive Engineer shall be authorized to direct the
manner in which each shall conduct the work so far as it effects other
contractors.
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 9. Evidence of 
of Experience.
Experience.

 In the event of the contractors’ tender being accepted,

 They have to present satisfactory evidence to th
the
e
Executive Engineer
I. That th
Tha the
ey ar
are
e reg
egul
ular
arly
ly en
eng
gag
aged
ed in co
cons
nstr
truc
ucti
ting
ng su
such
ch
works as they propose to execute now.
II. That they are fully prepared with the necessary capital,
machinery and material to begin the work promptly,
III. That they can carry the proposed work as per A.P.S.S.

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 10. Legal Address‐ Notices

 The tenderer should give in their tender, their place of residence and postal
address.
 The delivering of letter or other communication
 At the above named place or
 Posting in post box or
 Sending by regist
registered
ered post
 Shall be deemed sufficient service in serving the communication to the
contractor in writing.
 The tenderer can change his address at any time by an instrument executed
by the contractor and delivered to the Executive Engineer.
 There is no condition in agreement that can prevent the service of any
notice, letter, or other communication upon the contractor personally.
10/8/2013 VV Narayana 28
 11. Quantities approximate and contractor
to verify nature and amount of 
of work
work

 The QUANTITIES mentioned in Tender Notice and given in Agreement

(Schedule A) are worked out from relevant drawings in P.W.D. office.
 These QUANTITIES may or may not be the actuals required for
execution.
 The Executive Engineer does not agree that the actual amount of work
to be done will correspond to the work.
 The Executive Engineer reserves the right to increase or decrease the
quantity of any class or portion of work as he deems necessary.
 There shall not be any change in the over all scope of work due to the
above mentioned changes.
10/8/2013 VV Narayana 29
 11. Quantities approximate and contractor
to verify nature and amount of 
of work
work

 Ten
ende
dere
rerrs mu
must
st sa
satis
tisfy
fy th
them
emse
selv
lves
es th
the
e ac
accu
currac
acy
y an
and
d su
sufffi
fici
cien
ency
cy of 
stateme
statement
nt of quan
quantit
tities
ies an
and
d al
alll cond
condit
itio
ions
ns af
afffec
ecti
ting
ng th
the
e wor
ork
k (b
(by
y
personal examination of the site, the plans, the specification and by
other means).
 After submission of tender, the tenderer shall not dispute or complain
the statement of quantities.
 The tenderer
tenderer shall not assert
assert that there was any misunde
misunders
rstan
tanding
ding in
regard to the nature or amount of work to be done.
 In consequence of misunderstanding , the tendered shall not apply for
extension of time for completion beyond the agreement date.

10/8/2013 VV Narayana 30
 12. Approximate not to mean deviation
from drawings and specifications.

 The declaration of the approximate nature of the

stat
statemen
ementt of qua
quanti
ntitie
tiess in Schedule A does not imply
that the quantities will be increased.

 The contractor shall not departure from the sanctioned

drawings and specifications to suit his own given
convenience or reduce his costs.

10/8/2013 VV Narayana 31
 13. To compare tenders.

• The qua
uan
nti
tities in Schedule A are for a
ties
uniform comparison of Lump ‐sum tenders.

10/8/2013 VV Narayana 32
 14. Purpose

 The contract DRAWINGS, if 

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

10/8/2013 VV Narayana 33
 15. Conformance ‐‐ (a)

The works shall be carried out in accordance with::

 The directions and to the reasonable satisfaction of the Executive
Engineer.
 The drawings and speci
specifica
fications
tions which
which fo
form
rm part
part of con
contr
tract
act and
and
 The Further Supplemental drawings, details and instructions and
explanations given time to time by the Executive Engineer (In case
of discrepancies).

10/8/2013 VV Narayana 34
 15. Conformance ‐‐ (b)

 In case the contractor

 Opines that the schedule rate in the contract does not legitimately
cover the work comply with FU FURT
RTHE
HERR DRDRAAWIWING
NGS
S, detail
ilss,
directions, instructions,
 He shall give notice to the Executive Engineer before starting such
work.
 In the event
 Th
Thee Ex
Exec
ecut
utiv
ive
e Engin
Enginee
eerr and the
the con
ontr
trac
acto
torr fail
failin
ing
g to agree
agree any
any
excess rate to be fixed on such work
 The Executive Engineer deciding that the contractor is to carry out
the said work,
 Then the contactor shall carry out that work.
10/8/2013 VV Narayana 35
 15. Conformance ‐‐ (b)

 Rate for Further Work ::

 Executive Engineer shall settle the rate at his sole
discretion under the cause of his preliminary
specification.
 If the above clause in not effect
 Arbitrator shall settle the rate.
 And the payment will be made to the contractor.

10/8/2013 VV Narayana 36
 15. Conformance ‐‐ (c)

Contractor responsibility is to give timely notice to the Executive Engineer in case

of following discrepancies::
 Anything shown on the drawing not mentioned in the specification.
 Anything mentioned in the specification and not shown in the drawings.
 Error or discrepancy in drawings or
 Erro
Errorr or discrepancy
discrepancy in speci
specific
ficatio
ations.
ns.
And the contractor shall obtain the Executive Engineers orders on this issue.
 Figured dimensions are to be taken,
 Not from scaling the drawings.

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 15. Conformance ‐‐ (c)

 In any discrepancy between

 Drawings and
 Specifications
The Specifications shall prevail.
The contractor shall immediately apply to the Executive Engineer for further
instructions, drawings and specifications In case, any feature of work is not
fully described and set forth in drawings and specifications::
 The subject is to be dealt with under building procedure of best modern
practice.
 The executive Engineer will furnish the further instructions, drawings or
specifications.
10/8/2013 VV Narayana 38
 16. Variations by wa
way
y of 
of modifications,
modifications,
omissions or additions
additions –
 – (a)

 The Executive Engineer will issue

 Revised plans,
 Written instructions or
 Both Revised plans and written instructions.
 For all modifications, omission from or additions to the
drawings, specifications.
 Modif
ific
ica
ati
tion
ons,
s, omis
issi
sion
onss or ad
add
dit
itiion
onss sh
shal
alll be ma
mad
de
only when so authorized and directed by the Executive
Engineer in writing.

10/8/2013 VV Narayana 39
 16. Variations by wa
way
y of 
of modifications,
modifications,
omissions or additions
additions –
 – (b)

 The Executive Engineer shall have the Privilege of 

ordering.
 Modifications,
 Omissions or
 Additions.

 At any time before completion of work.

 Such ORDERS shall not operate to
 Declare in valid those portions of the specifications with which
said changes do not conflict.
10/8/2013 VV Narayana 40
 17. Copies of 
of drawings
drawings and specifications

• For the use and reference of 

of CONTRACTOR
CONTRACTOR
 The Executive Engineer should furnish a copy of 
of DRAWING,
DRAWING,
SPECIFICATIONS and SUPPLEMENTARY DETAILS to the contractor at free of 
cost.
 The contractor should purchase a copy of  A.P.S.S. at his own cost.

• These copies shall be kept on the work until its completion.

• The Executive Engineer shall have access to them at all times.

10/8/2013 VV Narayana 41
18. Signed drawings
drawings –
 – no authority to the contractor

 The contractor should not take signed drawings itself as an order

for variation.
 He should confirm that the drawing is an authority for variation (for
the contract under reference) only
 Af
Afte
terr th
the
e dr
draw
awin
ings
gs ar
are
e en
ente
terred in th
the
e agr
agreem
eemen
entt sch
schedu
edule
le of 
drawings under the proper attestation of the contractor and the
Executive
Executive Engineer or
 The drawings are sent to the contractor by the Executive Engineer
through a covering letter .

10/8/2013 VV Narayana 42
 19. Finished sizes

WOOD WORK ::
 The Figur
Figured
ed dimens
dimension
ion are to be the finished sizes aft
are after
er dress
dressing
ing or planni
planning
ng
or cutting, when marked as “NETT”.
 An allowance
allowance 1.50 mm will be permitted
permitted for planning
planning for each planned
planned finished
finished
of wood‐work, when not marked as “NETT”.
 This allowance will only be permitted in case of Sections 15mm thick or over.

MASONRY WALLS and REINFORCED CONCRETE ::

 Fin
Finish
ished
ed dim
dimens
ension
ionss ar
are
e the Figured
Figured dim
dimens
ension
ionss Ex
Exclu
clusiv
sive
e of the thicknes
thicknesss of 
plaster or skirting or cement or wall lining (by default).
 If specifically stated Figured dimensions are total dimensions.

10/8/2013 VV Narayana 43
 20. To be the best quality

 All Material, Article and Workmanship shall be the BEST of 

their respective kinds for the class of work described in
the contract specification &schedule.
 Material shall be obtained from sources approved by the
Executive Engineer.
 BEST sha
shall
ll mean,
mean, there
there is no sup
superi
erior
or qualit
quality
y of Materi
Material
al
of Finish or Articles on the market.

10/8/2013 VV Narayana 44
 20. To be the best quality

 Upon request of Executive Engineer, the contractor shall

furnis
furnish
h the vou
vouch
cher
erss to pr
prove tha
that the ma
mater
eria
ials
ls ar
are
such as are specified.
 The contractor shall furnish the samples of materials at
his expense to the Executive Engineer prior to execution
of any work
 When called
called for
for in the tender
tender notice
notice or
 When ordered by the Executive Engineer.

10/8/2013 VV Narayana 45
 21. Convention for proportions

 Wherever the proportions are written by figures

without further description then the usual
conventions will apply.
 Example ::

1:2 means 1 cement and 2 sand

1:2:4 means 1 cement,

cement, 2 sand,
sand, and 4 aggregate

10/8/2013 VV Narayana 46
 22. Measurement and mixing

MEASUREMENTS ::
 Loose materials (sand, cement, broken stone) shown in proportions
must be measured in properly constructed measuring boxes.
 Or in such other manner as shall be instructed by the Executive
Engineer.
 Measurement is not to be done in loose heaps when intimate mixes
such as mortar, concrete etc., are to be formed.

10/8/2013 VV Narayana 47
 22. Measurement and mixing

MIXING ::
 Mixing must always be done on closely constructed
platforms.
 During mixing, no foreign material can be incorporated.
 The platforms must be approved by the Executive
Engineer.
 The contractor shall borne the cost of 
of Measuring
Measuring Boxes
and Platforms.

10/8/2013 VV Narayana 48
 23. Data

 The
 (i) Mat
Materi
erials
als and
 (ii) Labour

Utilized in the execution of work by the

contractor shall not be less than that given in the
A.P.P.W.D. standard data for relevant items.

10/8/2013 VV Narayana 49
 24. Lay‐out of 
of material
material stacks

 Be
Beffore start of the work, the contractor shall submit a
detailed SISITE
TE SU
SUR RVE Y  to the
VEY  the Ex
Exec
ecut
utiv
ive
e En
Engi
gine
neerer (c
(cle
lear
arly
ly
indi
indiccati
tin
ng pososit
itiion
onss and ar
area
eass wh
wher
ere
e ma
matter
eria
ialls sh
shal
alll be
stacked and shed built).
 That SI
SITE
TE SU
SUR
RVEY  sh
VEY  shou
ould
ld be ap
appr
prov
oved
ed by th
the
e Ex
Exec
ecut
utiv
ive
e
Engineer.
 The contractor shall deposit the materials for the purpose
of the work on the GROUND approved in Site survey.
10/8/2013 VV Narayana 50
 25. Source of 
of purchase
purchase of 
of materials
materials and stores

• During the progress of work, the Executive

Engineer sh
sha
all have power to cause the
con
ontr
trac
acttor to purchase and use such
materials from Government stores or
other sources as specified in the contract.

10/8/2013 VV Narayana 51
 26.Contractor liable for materials
supplied by the Government

 Th
The
e con
ontr
trac
acttor sh
shal
alll be res
espo
pons
nsib
ible
le for al
alll ma
matter
eria
ials
ls an
and
d
other things supplied by Government from the time he
takes delivery of them.
 He shall use them only for the purpose of this contract.
 He shall make good any loss , damage, wastage or undue
wear and tear
tear tha
thatt may take
take place from whatev
whatever
er cause.
 He shall pay to Government for such losses and damages
etc., such sum as the Executive Engineer may determine.
10/8/2013 VV Narayana 52
 27. Test inspection and rejection of 
defective materials and work
work – – (a)

 The contractor shall provide proper facilities at all time,

for testing of materials and inspection of the work by
the Executive Engineer
 The Executive Engineer shall have access at all times to
the place of storage or manufacture to determine the
manufacture is proceeding in accordance with drawings
and specifica
specifications.
tions.

10/8/2013 VV Narayana 53
 27. Test inspection and rejection of 
defective materials and work
work – – (b)

 The vendors shall supply te test

st ce
certi
rtifi
fica
cate
tess to the
contractor, when the Contractor purchases
con
onsi
sign
gnme
mennt of ce
ceme
men nt, stee
eell an
and
d ot
othe
herr ma
matter
eria
ialls in
respect of which such certificates are usually available.
 When ever the Executive Engineer demands test
certificates for inspection, the contractor shall forward
the same toto the Ex
Executive
ecutive Engineer
Engineer..

10/8/2013 VV Narayana 54
 27. Test inspection and rejection of 
defective materials and work
work – – (c)
 The Executive Engineer shall have power to reject at any
stage, any work which he considers to defective in quality
of material or workmanship.
 He shall have power to reject wrought (finished) materials,
even though the same were passed previously in an un
worked condition.
 The Executive Engineer shall give written instructions to
the contractor to take down and remove rejected
materials from work site.
10/8/2013 VV Narayana 55
 27. Test inspection and rejection of 
defective materials and work
work – – (c)

 The contractor shall remove the same within 24 hours of 

written instructions of the Executive Engineer.
Engineer.
 Replacement shall at once be made in accordance with the
specifications and drawings, at contractor’s risk.
 In case the contractor do not Replace the rejected
materials as ordered by the Executive Engineer, the
Executive Engineer shall have power to employ and pay
other persons to carry out the orders.

10/8/2013 VV Narayana 56
 27. Test inspection and rejection of 
defective materials and work
work – – (c)

 All expenses in removing the rejected material and

replacing the same shall be borne by the Contractor.
 The Executive Engineer may allow to remain the work not
done in accordance with the contract.
 In that case the Executive Engineer shall make such
allowance for the difference in value, as in his opinion may
be reasonable.

10/8/2013 VV Narayana 57
 27. Test inspection and rejection of 
of defective
defective
materials and work
work –
 – (d) Works opened for inspection.

 The Executive Engineer shall request the contractor to open,

any work covered up, for inspection duly fixing the time.
 The contractor shall comply with and open the same.
 In case the contractor refuses to comply with the Executive
Engineer, the Executive Engineer may employ the workmen
to do the same.
 Wh
Whether the expe
ether xpens
nses
es for op
open
ening
ing shall be born by the
contractor or by the Government depends on the following
conditions.
10/8/2013 VV Narayana 58
 27. Test inspection and rejection of 
of defective
defective
materials and work
work –
 – (d) Works opened for inspection.

 In case the work is covered up in violation of the Ex

Execu
ecutiv
tive
e
Engineer
Engineerss ins
instruc
tructions
tions..
 The contractor shall pay the expenses for opening it for
Executive Engineer inspection and after covering it up.
 Or the expenses shall be recovered from the contractor
and paid to work men employed.

10/8/2013 VV Narayana 59
 27. Test inspection and rejection of 
of defective
defective
materials and work
work –
 – (d) Works opened for inspection.

 In case the work is covered up not in violation of 

Executive
Executive Engineer
Engineer’’s instructions
 Also If the work is not as per drawings and specification
or written instructions of the Executive Engineer,
 The contractor shall pay the expenses for opening it
and covering it up.
 Or the expenses shall be recovered from the contractor
and paid to work men employed.
10/8/2013 VV Narayana 60
 27. Test inspection and rejection of 
of defective
defective
materials and work
work –
 – (d) Works opened for inspection.

 In case the work is covered up not in violation of 

Executive
Executive Engineer
Engineer’’s instructions
 Also the work is found as per drawi win
ngs an
andd
spec
specif
ific
icat
atio
ion
n or wr
writ
itte
ten
n in
inst
stru
ruct
ctio
ions
ns of th
the
e Ex
Exec
ecut
utiv
ive
e
Engineer,
 The Government shall pay the expenses for opening it
and covering it up by adding the sum to contractor bill.
 Or the expenses
expenses shall
shall be paid to
to work men
men employed
employed..
10/8/2013 VV Narayana 61
 27. Test inspection and rejection of 
of defective
defective
materials and work
work –
 – (d) Works opened for inspection.

In case Foun
Foundati
dations
ons or any
any other Urgent
Urgent wor
works
ks
 The contractor shall open the foundations for immediate inspection
and issue notice to the Executive Engineer.
 The
Th e Ex
Exec
ecut
utiv
ive
e En
Engigine
neerer sh
shal
alll in
insp
spec
ectt th
the
e wo
work
rk wi
with
thin
in rea
easo
sona
nabl
ble
e
time.
 In case the Executive Engineer do not inspect the work in th the
e
reasonable time, the contractor may cover up the work.
 After covering it , it is not required to open.
 In case it is required to open, it shall be done at the expense of the
Government.

10/8/2013 VV Narayana 62
 28. Defects, shrinkage etc., after completion

 Any defects, shrinkage or other faults which may appear in

SIX Months fr
fro
om comomp ple
leti
tio
on of wor
ork
k an
andd The Ex
Exec
ecu
uti
tiv
ve
Engineer opines that such defects are due to
 The faulty materials or workmanship,
 The work
work is not in accord
accordance
ance with dra
drawings
wings and
and specific
specification
ations,
s, or
 The work is not in accordance with the instructions of the Executive
Engineer
 The Executive Engineer shall direct the contractor in writing
to amend and make good such defects etc. within a
specified time.
10/8/2013 VV Narayana 63
 28. Defects, shrinkage etc., after completion

 The contractor comply with and shall amend and make good
such defects etc. within a specified time.
 The expenses for such rectifications
 Shall be done at
at the cost of contr
contracto
actorr or
 The Executive Engineer may fix reduced rates and pay the same.
 In case the Contractor fails to attend such defects
 Th
The
e Ex
Exec
ecut
utiv
ive
e En
Engi
gine
neer
er ma
mayy em
empl
ploy
oy other
other pe
perrso
sons
ns to am
amen
end
d an
and
d
make
mak e good such
such and
and pa
payy to him.
him.
 The payment shall be made at the cost of contractor.

10/8/2013 VV Narayana 64
 28. Defects, shrinkage etc., after completion

 In the event the Government taking over portion or portions

of work
 As and when they are completed,
 They are independent and have no connection with main work,
 The Liability of the contractor shall be limited to SIX
MONTHS from the date of taking over of such portion or
portions.

10/8/2013 VV Narayana 65
 29. Executive Engineer’s decision

 The decision of the Executive Engineer is final and binding on the

contractor in the matters regarding
 Materials,
 Workmanship,
 Removal of improper work,
 Interpretation of the contract drawings and contract specifications,
 Mode of Procedure and
 Carrying out of the work.
 The decision of the Executive Engineer is final and conclusive
 In any technical question which may arise touching contract.
 These conditions shall be accepted as inseparable part of contract to
 Prevent Disputes and Litigations.
10/8/2013 VV Narayana 66
 29. Executive Engineer’s decision

 In the case of  difference be

betw
twee
een
n th
the
e Ex
Exec
ecut
utiv
ive
e En
Engi
gine
neer
er an
and
d
contractor on the matters regarding
 Materials,
 Workmanship,
 Removal of improper work,
 Interpretation of the contract drawings and contract specifications,
 Mode of Procedure and
 Carrying out of the work.
The Contractor shall have the right to appeal to the Superintending
Engineer of the Circle and the decision of the Superintending
Engineer shall be final and conclusive.

10/8/2013 VV Narayana 67
 30. Dismissal of 
of Workmen
Workmen

 If the Executive Engineer opines that an employee of the

contractor on the work
 Is incompetent or
 Misconduct himself and
 The E.E. order
orderss to dismiss
dismiss fro
from
m the work,
work,
 The contractor shall dismiss that employee immediately.
 The contractor shall not reappoint that employee without written
permission of Executive Engineer.
 The contractor may appeal to the Superintending Engineer of the
Circle against that dismissal.
10/8/2013 VV Narayana 68
 31. Contractor’s maistri or
agent and Contractor’s staff 

 The contractor shall constantly keep a competent maistri or agent on

work.
 The Executi tiv
ve Engineer or his representativ ive
es shall give any
directions or explanations to the agent.
 The directions and explanations given to agent shall be held to have
been given to the contractor.
 The contractor provide all the staff necessary for
 Supervision
 Execution and
 Measu
Measurem
rement
ent of work,
To ensure full compliance with the terms of the contract.
10/8/2013 VV Narayana 69
 32. Government maistries or agents

 Government can appoint an agent, clerk of works, or maistri

to repr
represen
esentt the Governmen
Governmentt on works.
works.
 Th
Thee ag
agen
ent,
t, clerk
clerk of wo
work
rks,
s, or ma
mais
istr
trii is not borne
borne on of
offi
fici
cial
al
list of officers
officers and subordi
subordinates
nates of P.W.D.
 He acts in the absence of the Executive Engineer.
 He shall furnish the contractor with the Executive Engineer’s
instructions
instruc tions as to the progr
progress
ess and execution
execution of works.
works.
 The contractor shall comply with such instructions and
directions.
10/8/2013 VV Narayana 70
 32. Government maistries or agents

 He shall furnish written requisition and stay further progress

of work which
which in his judgment
judgment,, the construct
construction
ion is unsound,
unsound,
materials are improper.
 Th
The
e con
ontr
trac
acttor sh
shal
alll stay th
the
e wor
ork
k un
unti
till th
the
e op
opin
inio
ion
n an
and
d
determination
determination of Executive
Executive Engineer is obtained.
obtained.
 The agent, clerk of works, or maistri have no power to order
any extra works or deviations from the specifications and
drawings.

10/8/2013 VV Narayana 71
 33. Defining Contract Schedule Rates

 The rate entered in a contract schedule

 Shall be for finished item of work and
 Sh
Shal
alll in
incclu
lud
de al
alll CONTINGENT ex
expe
pens
nses
es (b
(bot
oth
h di
dirrec
ectt
exp
xpen
ense
sess on wor
ork
k or exp
xpen
ense
sess imp
mpo
ose
sed
d by out si
sid
de
authority).
 The Contractor not entitled to claim extra on such
CONTINGENT expenses.

10/8/2013 VV Narayana 72
 34. Carriage
Carriage –
 – (a)
 Rates for finished item of work shall include cost of 
 Conveyance and all leads,
 Lifts,
 Loading,
 Unloading and
 Stacking
 The stacking shall be done in the manner and at place
order by the officer
order officer immediat
immediatee char
charge
ge of the work.
 In case circumstances necessitate provision for a separate
schedule item for above operations, such will be specified
in the tender notice or schedule.
10/8/2013 VV Narayana 73
 34. Carriage
Carriage –
 – (a)

 When materials are supplied by Government,

Government , the place of 
supply shall be specified in the Descriptive Specification
Sheet mentioned in the Tender Notice.
 In the above case no payment will be made for stacking.
 In the absence of information in regard to place of supply
will not entitle the contact to any extra payment.

10/8/2013 VV Narayana 74
 34. Carriage
Carriage –
 – (b)

 The term “carriage” or “conveyance” shall be taken to include all leads,

lifts, loading, unloading and stacking in uniform stacks .
 The stacks
stacks shal
shalll be of close packing
packing in the case of materia
materials
ls which are
are
to be measured is stacks as a basis of  payment for finished item of 
work.
 The payment for carriage will ordinarily be by bulk or weight at a
mileage rate between specified places.
 The payment will be on the basis of method adopted in Standard
Schedule of Rates for carriage of materials.
 The distance will be measured by the nearest practicable and cheapest
route, whether metaled or unmetaled or cart track.
10/8/2013 VV Narayana 75
 34. Carriage
Carriage –
 – (c & d)

(c )When carts or vehicles of any sort are engaged one day at

a time, the Executive Engineer shall fix
 The quantity of material to be converted,
 The distance to be travelled and
 The number of trips to be made.
(d) Th
Thee con
ontr
trac
acttor is res
esp
pon
onsi
sib
ble for com
omp
pen
ensa
sati
tio
on of al
alll
losses in transporting material caused by
 Wastage,
 Breakage,
 Theft or
 Any other cause.
10/8/2013 VV Narayana 76
 34. Carriage
Carriage –
 – (e)

 No payments shall be made for return trip with

carts empty.
 Where there are loads als lso
o for return trip, the
agreement rates should allow for the reduced cost
thereby on each set of materials so conveyed.

10/8/2013 VV Narayana 77
 35. Construction plant

 The Contr
Contractor
actor
 Shall Provide and install all necessary construction plant,
 Shall use such methods and appliances for performance of 
all operations connected with the work.
In the opinion of the Executive Engineer and in order to
 To secure a satisfactory quality or work and rate of progress
and
 To ensure the completion of work within the specified time.
time .
 The Contractor shall include in his tender price for all the above
operations on providing and installation of construction plant.

10/8/2013 VV Narayana 78
 35. Construction plant

 At any time
 Before the commencement of work or
 During the progress of work , or any part of it.
IF the Executive Engineer opines that
 The methods or
 The appliances .
Appear to be insufficient or in appropriate for securing
 The quality of work required or
 The said progress of work
The Executive Engineer may order the contractor
 To increase their efficiency and
 To improve their character.
The contractor shall comply with such orders.
10/8/2013 VV Narayana 79
 35. Construction plant

 The failure of Executive Engineer to demand such

 Increase of efficiency and
 Improvement.
Shall not relieve the contract
contractor
or from his obligation
obligation to secure
 The quality of work and
 The rate of progress .
Required by the contract.
 The contractor alone shall be responsible for the efficiency and
safety
safety of his
 Plant,
 Appliances and
 Methods.
10/8/2013 VV Narayana 80
 [35. Construction plant]

 If the Department intend to supply any tools and plant to the

contractor
contractor on hire, the details of such
 Tools and Plant
 The hire charges leviable and
 The terms on hiring them
Should invariably be specified
 In the Tender
Tender Schedules
Schedules and
 In the Agreement.
The same should not be varied during the contract period.
 If, however, the Department is not able to supply any of the tools and
pla
lan
nt in
indi
diccated in th
the
e ag
agrree
eeme
men
nt, th
the
e con
ontr
trac
acttor sh
shal
alll cl
clai
aim
m no
compensations but only can claim reasonable “ext extensio
ensionn of con
contra
tract
ct
time”
10/8/2013 VV Narayana 81
 [35. Construction plant]

 If any other tools and plant,

 That are available with the department but are
 Not included in the Agreement,
Are supplied to the contractor during course of the
work
 The hire charges and
 The Conditions of hire
Prevai
Prevaili
lin
ng in th
thee dep
epar
artm
tmeent at th
the
e ti
tim
me of ac
actu
tual
al
supply shall be applicable.

10/8/2013 VV Narayana 82
 36. Scaffolding instructions

 The Contractor
Contractor shall provide
provide all requisite
requisite scaffolding
scaffolding at his expense.
 The scaffolding shall be double, i.e., it must have two sets of upright
supports.
 The contractor shall ensure the safety of work people.
 He mu
musst comompl
ply
y wi
with
th sa
saffet
ety
y in
insstr
truc
ucti
tion
onss is
issu
sued
ed by ththe
e Ex
Exec
ecut
utiv
ive
e
Engineer to ensure
ensure safe
safety
ty..
 The contractor will be entirely responsible for any damage or injuries
to persons or property resulting from ill ‐erected scaff
scaffolding,
olding, def
defective
ective
ladders
ladders,, or otherwise arising
arising out of his def
default
ault in this respect.
respect.

10/8/2013 VV Narayana 83
 37. Temporary instructions

 The Contractor shall erect and maintain at his own cost

 Temporary weather‐proof sheds for keeping materials under cover.
 Temporary fences, guards, bridges and roads for execution of contract
work or for safeguar
safeguarding
ding or accomadat
accomadating
ing the public.
 Sheds for housing work men.
men.
 The place and manner of erection of weather‐proof 
should be approved by the Executive Engineer.
 If the Executive Engineer shall order any departure from
any arrangements made by the contractor, the contractor
shall comply with such orders.
orders .
10/8/2013 VV Narayana 84
 38. Water and lighting

 The contractor shall pay fee and provide water and light as
required from Municipal mains or other sources.
 He shall pay all charges for storage tanks, meters for the use
of the works and work men.
 He may arrange otherwise and inform the Executive Engineer
in writing the same.
 The water shall not be harmful to the work, shall be free from
organic matter, and free from salts or other substances likely
to interfere with setting of mortar.
10/8/2013 VV Narayana 85
 39. Latrines for work people

 Prior to the commencement of work,

The contractor shall provide and erect sufficient latrines for the use
of the
the work
work people
people both the male
male and
and the female.
female.
 During progress of works,
He shall keep
keep that latrines
latrines disin
disinffecte
ected
d and clear at all time.
 On the completion of work
He shall remove that latrines,
Disinfe
Disinfect
ct the grou
ground
nd and
Make good all damages.
10/8/2013 VV Narayana 86
 40. Sun protection, keeping dry and pumping

 The contractor shall at his own expense arrange all

requisite protection of the work and the material against
Sun eff
effect
ect or Rain
Rain eff
effect.
 He shall keep all portions of the work free from water to
the satisfaction of the Executive Engineer.
 He shall use his own plant for the above purpose, unless
other wise specifically provided in the contract
specifications.

10/8/2013 VV Narayana 87
 41. Tools and seigniorage

 The contr
tra
actor shall pay import duti
tie
es, toll
llss, octroi, duti
tie
es,
seigniorages, quarry fees, etc., on all materials and articles that he
may use.
 An exemption if specially stated otherwise in the tender notice and
subsequently in the contract.
 The contractor shall pay sales tax under the provisions of AP General
Sales Tax, as in force for the time being.
 The rates for various items of work shall remain unaffected by any
change that may be made from time to time in the rates of sales tax.
 Similarly in case of Custom duties.
10/8/2013 VV Narayana 88
 42. Setting out works

 The contractor shall be responsible for the

correct setting out of all works.
 The contractor shall provide at his own cost all
labour, materials and staff required for setting.

10/8/2013 VV Narayana 89
 43. Cleaning up during progress and delivery

 Before the work is finally handed over, the

contractor shall
 Burn or remove all rubbish material as it accumulates at site,
 Clean down all floors, stairs, doors, windows, surface and soil
drains,
 Put in a thoroughly
thoroughly complet
complete,
e, clean, sound
sound and workman
workman like
like
state,
To the satisfaction of the Executive Engineer.
10/8/2013 VV Narayana 90
 43. Cleaning up during progress and delivery

 The contractor shall give notice to the Executive Engineer

when the work is ready to be handed over.
 [If th
the
e wo
work
rk ha
hass be
been
en sa
sati
tisf
sfac
acto
tori
rily
ly compl
complet
eted
ed in terms
terms of 
the ag
the agrree
eeme
mennt, Th
The
e Ex
Exec
ecut
utiv
ive
e En
Engi
gine
neer
er shou
should
ld tak
take ov
over
er
the
the work wiwith
thiin ON
ONEE MO
MONT
NTH H  of such notice from the
contractor.]
 Th
The
e con
ontr
trac
acttor sh
shal
alll be res
espo
pons
nsib
ible
le for it
itss ma
main
intten
enan
ance
ce
until it is taken over by the Executive Engineer.

10/8/2013 VV Narayana 91
 44. Observance of 
of Laws
Laws –
 –
Local regulation & notices ‐ Attachments

 The contractor shall conform to the regulations and by ‐laws of 

 An
Any
y Local
Local authori
authority
ty and
 Any Water and Lighting companies
With whose systems the structure is proposed to be
connected.
 The con
contr
tractor
actor shall confo
conform
rm any variation
variationss from drawings
drawings or
specifications proposed to be necessitated.
 Th
The
e co
con ntr
trac
acttor sh
shal
alll gi
giv
ve a wr
writ
ittten no
noti
tice
ce to th
the
e Ex
Exec
ecut
utiv
ive
e
Engineer specifying the variations proposed to be made and
reasons for making them and apply for instructions thereon.
10/8/2013 VV Narayana 92
 44. Observance of 
of Laws
Laws –
 –
Local regulation & notices ‐ Attachments

 In case the contractor shall not receive such instructions within

SEVEN DAYS, the contractor shall proceed with the work
 Conforming to the provisions (regulations or by ‐law in question)
 Any variations from drawings or specifications so necessitated
shall be dealt with clause 63.
 The contractor shall give all notices required by the said
 Acts,
 Reg
Regulati
ulations
ons or
 By‐Laws
And pay al
And alll fee
eess in con
onne
nect
ctio
ion
ns th
the
erewi
with
th,, unle
less
ss ot
oth
her
erwi
wise
se
arranged and deciding on in writing with the Executive Engineer.
10/8/2013 VV Narayana 93
 44. Observance of 
of Laws
Laws –
 –
Local regulation & notices ‐ Attachments

 The contractor shall also ensure that no attachments are made

against materials or work forming part of or for the use of 
contract.
 In every case referred to in this clause the connector shall
prot
pr otect
ect and indemnif
indemnify
y the Govern
Governmen
mentt ag
again
ainst
st an
any
y cla
claim
im or
liability
liability arising from or based on the viola
violation
tion of any such
 Law, Ordinance, Regulations ,
 Order, Decree or
 Attachment
Whether by the Contactor or by his employees.
10/8/2013 VV Narayana 94
 45. Accidents‐ Hoarding, Lighting,
Observations –
Observations  – Wat
atchmen
chmen (a)

 The contract
contractor
or shall comply
comply with any requirem
requirementent of law when
 Excavation have been made or
 Obstacles have been put in public through fares or
 In places
places where there
there is any likelihood of  accidents
likelihood
And he sh
And shal
alll pr
prov
ovid
ide
e su
suit
itab
able
le ho
hoar
ardi
ding,
ng, li
ligh
ghti
ting
ng an
and
d wa
watc
tch
h ma
man
n as
necessary.

10/8/2013 VV Narayana 95
 45. Accidents‐ Hoarding, Lighting,
Observations –
Observations  – Wat
atchmen
chmen [(b)]
 It shall be the con
contra
tractor’
ctor’ss sole responsibili
responsibility
ty to protect
protect the Publi
Publicc and
his employees
employees against
against accidents from
from any
any cause.
cause.
 The con
contra
tractor
ctor shall
shall indemnify (secure)
(secure) the Governmen
Governmentt against
against any
claims for damages or injury to person or property from any accidents.
 The contractor shall execute the ‘Indemnity Bond’ for the payment of 
claims coming under
 (a) Workmen’s Compensation Act, 1923,
 (b) Minimum Wages Act, 1948,
 (c ) Payment of Wages Act. 1936,
 (d) Contract Labour (Regular and Abolition) Act, 1970 and
 (e ) All other such Acts in force that may be enacted from time ‐to‐time
during the currency of the agreement.
10/8/2013 VV Narayana 96
 45. Accidents‐ Hoarding, Lighting,
Observations –
Observations  – Wat
atchmen
chmen (c )
 Th
The
e co
con
ntr
trac
acto
torr sh
shal
alll in
inti
tima
mate
te in wr
writ
itin
ing
g to th
the
e con
once
cern
rned
ed Se
Sect
ctio
ion
n
Officer of P.W.D. within 24 hours on occur
occurrence of an ACCIDENT.
rence
 Which results in the death of any of employee of contractor,
 Which is so serious as to be likely to result in the death of any employee of 
the contractor
contractor..
 The contractor’s shall indemnify Government against all loss, damage,
penalties or fines sustained
sustained by
by the Government
Government as a consequence
consequence
 The contractor’s failure to give intimation of accident as detailed above or
 The Government’s failure to give notice under Workmen’s Compensation
Act or
 The Government’s failure to conform to the provisions of the said Act in
regard to such accident.
10/8/2013 VV Narayana 97
 45. Accidents‐ Hoarding, Lighting,
Observations –
Observations  – Wat
atchmen
chmen (d)

 In the event of an ACCIDENT

ACCIDENT leadi
leading
ng payment
payment of compensati
compensation
on under
the Workmen’
Workmen’ss Compensation
Compensation Act, 1923,
1923, whether
 By the contractor,
 By the Government
It shall be lawful for the Engineer to retain out of monies due and
payable to the contractor.
 In the opinion of the Executive Engineer the sum of money so retained
shall be sufficient to meet such liability.
 The opinion of the Executive Engineer shall be final in regard to all
matters arising under this clause.

10/8/2013 VV Narayana 98
 46. Blasting

 Blasting operations, when considered necessary, shall be resorted

to only with the written permission of the Executive Engineer.
 Prior inspection shall be carried out for the safety and stability of 
public property.
 The
Th e con
ontr
trac
acttor sh
shal
alll be res
espo
pons
nsiibl
ble
e for th
the
e sa
saffe cu
cusstod
ody
y an
andd
proper accounting of the explosive materials.
 The Executive Engineer shall have access to check the
contractor’s store of explosive and his accounts.
 In case of any accountable shortage or unsatisfactory account,
the contractor shall be liable for penal action.
10/8/2013 VV Narayana 99
 47. Protection of 
of adjoining
adjoining and existing premises

 The contractor is to protect

 The whole of the adjoining and
 The existing premises,
 All works and
 All fitting to all Buildings on and adjoining the site.
Against structural and decorative damage caused by the execution of 
these works.
 The contractor shall make good in all respects all such damages done or
occu
oc curr
rrin
ing
g to th
the
e ad
adjo
join
inin
ing
g an
andd le
lea
ave su
such
ch rei
eins
nsta
tate
teme
ment
nt in pe
perf
rfec
ectt
order.
 The contractor is also to make good any damage done in the execution
of the work to existing public or private footwa
footways
ys or roadwa
roadways.
ys.
10/8/2013 VV Narayana 100
 48. Permit other workmen
workmen –  –
Co‐operation
operation –
 – Affor
Afford
d facilities

 The Executive Engineer shall have full empower to send

wor
ork
kme
menn upon ththe
e premimise
sess to exec
ecuute fi
fittti
tin
ngs and
other works (say operation) not included in the contract.
 For the ab ove operation, th
abo thee con
ontr
trac
acttor is to afafffor
ord
d
every reasonable facility during ordinary working hours.
 Such operations shall be carried on in such a manner as
not to impede the progress of the main work included in
the contract.

10/8/2013 VV Narayana 101

 48. Permit other workmen
workmen –  –
Co‐operation
operation –
 – Affor
Afford
d facilities

 The contractor is not responsible for any

damage
 which may happen to or
 to be occasioned by any such fittings or other works.
Provided
 The contractor complies with the instructions of the
Executive Engineer in connection therewith
 The damage is not caused by himself or his workmen.

10/8/2013 VV Narayana 102

 48. Permit other workmen
workmen –  –
Co‐operation
operation –
 – Affor
Afford
d facilities

 The contractor shall, to all times

 Co‐operate, Assist, Attend on and Afford facilities for
Such specialist as may be employed by the Executive Engineer or
Other works in connection with the building.
 The contractor shall allow them
 Free of charge, the use of all plant, light and water
Installed in the works.
 The contractor shall also cause such special work or protect it as
instructed to avoid injury during progress of the works.
 The contractor must make good any damage caused for failure to
protect.

10/8/2013 VV Narayana 103

 49. Holes for water service, gas, electrical and
sanitary fittings

 The contractor shall leave all holes in masonry and floors for insertion of 
 Wa
Water
ter services,
 Gas and Electrical connections and
 Sanitary fittings
In the exact positions indicated by the Executive Engineer during the
progress of work.
 As soon as the fittings have been installed, these holes must be built up
at the contractor’s cost in a workman like manner.
 In case
 where installations are made during construction of building,
 The Executive Engineer opines that settlement in accounts will not thereby occur
The holes must be built up.
10/8/2013 VV Narayana 104
 50. Contractor’s risk and insurance

 The contr
contract
actor
or shall mai
maint
ntain
ain,, the work execu
executed
ted by him, at his own
cost until the work is taken over by the Executive Engineer.
 Accordingly the contractor shall arrange his own insurance against fire
and other usual risks during such period unless otherwise specified.
 The con
contra ctor sha
tractor hall
ll no
nott be li
liab
able
le for all or any loss or damage
occasioned by or arising out of  acts of GOD, and in particular
 Unprecedented flood, Volcanic eruption,
 Earthquake or other convulsion of nature,
 Invasion,
 The act of foreign enemies hostilities
 Or warlike operations, rebellion
 Military or usurped power
power..
10/8/2013 VV Narayana 105
 51. Holidays

 On SUNDAYS no work shall be done.

 The work can be done with the written
permission of the
 Executive Engineer or of 
 The officer in charge of the work
 The contractor shall comply with the provisions
of the factory Act, in and so far as the same is
applicable.
10/8/2013 VV Narayana 106
 52. Sand and gravel

 The contractor shall not make any excavation upon the

site for th
sit the
e pu
purp
rpos
ose
e of ob
obttai
aini
ning
ng gr
gra
ave
vel,
l, sa
sand
nd or so
soil
il
other than that shown or implied by the drawings.
 How
owe
ever wi
with
th th
the
e prev
evio
iou
us per
erm
mis
issi
sion
on of Ex
Exec
ecut
utiive
Engineer, the above materials can be excavated.

10/8/2013 VV Narayana 107

 53. Old curiosities

 All ol
old
d cur
curio
iosi
sitie
ties,
s, re
reli
lics
cs,, co
coins
ins,, mi
mine
nerral etc. fou
ound
nd in
excavating or pulling down, shall be the property of the
Government.
 All these should be handed over to the Executive
Engineer.
 The Executive Engineer’s attention shall be called before
demolition of any ANCIENT MASONRY or OLD WORK.

10/8/2013 VV Narayana 108

 54. Assignments or sub‐letting

 With
tho
out the wr
writ
ittten cons
nsen
entt of Ex
Exec
ecu
uti
tiv
ve En
Eng
gin
inee
eerr th
the
e
contractor shall
 Not assign the contract,
 Nor sublet any portion of the contract.

 Ordinarily no sub‐letting will be permitted.

 In case the sub‐letting is per
erm
mitted by the Executive
Engineer, it shall not free the contractor from any of his
responsibilities under any clause of Preliminary
Specifications or of the “Articles of Agreement.”
10/8/2013 VV Narayana 109
 55. Specialists

 During the progress of work and in the interests of the

Government, the Ex Exec
ecut
utiv
ive
e En
Engi
gine
neer
er sh
shal
alll ha
hav
ve th
the
e
power to select, nominate or recommend
 Tradesmen to supply material or
 Specialists to execute the such portion of work as
he may consider desirable.

10/8/2013 VV Narayana 110

 [56. Ratification of the
of  the orders of 
the Executive Engineer]
 In case the acceptance of tender is beyond the authorized powers
of the Executive Engineer (As laid down in the ‘D’ Code),
 The orders and
 The decisions

of such Executive Engineer with regard to

 Extension of time for the completing the contract
 The termination of the contract or
 The Employment of specialists for certain portion of work as per PS.55

Will be subject to the ratification of the Higher Authority who

entered into the Agreement.

10/8/2013 VV Narayana 111

 57. Order book

 An ORDER BOOK shall be kept at the PWD office on the site of 
of the
the work.
 All orders (as far as possible) regarding the work are to entered in this
BOOK.
 All ENTRIES shall be signed and dated by the PWD department officer in
direct charge of 
of the
the work and by the contactor.
 In important cases, the Executive Engineer or the Superintending
Engineer will COUNTER SIGN the entries
entries..
 The ORDER BOOK shall not be removed from the work.
 With the written permission of 
of the
the Executive Engineer the ORDER BOOK
can be removed.
10/8/2013 VV Narayana 112
 58. Date of commencement
of  commencement and completion

 The contractor shall begin the work forthwith after

receiving the notification of 
of possession
possession of 
of site.
site.
 He shall regularly and continuously proceed with the
work.
 He shall complete the work
 By the DATE OF COMPLETION as defined in “Articles of 
of Agreement”.
Agreement”.
 Or within the sanctioned EXTENSION OF TIME.

10/8/2013 VV Narayana 113

 58. Date of commencement
of  commencement and completion

 The contractor shall never entitled to claim any damages

 If 
If he
he incurs any expense or
 Liabilities to payment under contract
from the Government before the commencement defined above.

 The contractor shall have the right to withdraw from the contract
and obtain refund of 
of his
his security
 If 
If the
the intimation of 
of handing
handing over of 
of site
site is delayed more than
TWO MONTHS from the date of 
of acceptance
acceptance of 
of the
the agreement by
competent authority.
10/8/2013 VV Narayana 114
 59. Delays and extension of time
of  time

 No CLAIM for compensation on account of  DELAYS OR HINDRANCES

to the work from any cause whatever shall be.
 Reasonable EXTENSION OF TIME will be allowed by the Executive
Engineer ( or by the officer competent to sanction ) for unavoidable
DELAYS from the causes beyond the control of  of the
the contractor.
 EXTENSION OF TIME also allowed in case any HINDRANCES caused by
the written instructions of 
of the
the Executive Engineer.
 The Executive Engineer shall asses the period of  DELAY or
HINDRANCE at Twenty five per cent (25%) in excess of 
of the
the actual
working period lost.

10/8/2013 VV Narayana 115

 59. Delays and extension of time
of  time

 In th
the
e ev
even
entt of th
the
e Ex
Exec
ecut
utiv
ive
e En
Engi
gine
neer
er fai
aili
ling
ng to is
issu
sue
e ne
nece
cess
ssar
ary
y
instructi
instructions
ons and ther
there
e by causin g DELAYS OR HINDRANCES to the
causing
contractor , the contractor shall have the right to claim an assessment
of such delay by the Superintending Engineer of the Circle.
 The decision
decision of the Superint
Superintendin
ending
g Engineer
Engineer is final and binding.
binding.
 Th
The
e con
ontr
trac
acttor sh
shal
alll Lo
Lodg
dge
e in wr
writ
itin
ing
g wi
with
th Exec
ecu
uti
tiv
ve Engi
gin
nee
eerr a
statement of claim for any DELAY or HINDRANCE referred to above
within Fourteen Days (14 days) from its commencement.
 If the contractor do not Lodge, the Extension of Time will not be
allowed.

10/8/2013 VV Narayana 116

 59. Delays and extension of time
of  time

 Whenever
 Authorized alterations or additions are made during the progress
of work,
 Th
The
e Exec
ecu
uti
tiv
ve Engi
gin
nee
eerr opi
pin
nes th
tha
at in con
onse
seq
quen
ence
ce of su
such
ch
alterations or additions justify extension of time,
 Such ext
xte
ension will be granted in wr
wriiti
tin
ng by the Executiv
ive
e
Engin
Eng inee
eerr or ot
oth
her com
omppet
eten
entt au
auth
thor
orit
ity
y wh
when
en or
ord
der
erin
ing
g su
such
ch
alterations or additions.

10/8/2013 VV Narayana 117

 60. Delays in commencement or progress or
neglect of work
of  work and forfeiture of earnest
of  earnest money,
security deposit and withheld amounts‐(a)

 TIME shall be considered as of the essence of the contract.

 If
If,, at any time the Executive
Executive Engineer opines that
that the contractor
contractor is
 Delaying commencement of work,
 Violating any of the provisions of the contract,
 Delaying the progress of work, as defined by the statement “Rates
of Progress”
Progress” in the “Articles
“Articles of Agreement”
Agreement”
The Executive Engineer shall ADVISE th
the
e con
ontr
trac
acto
torr in writ
writin
ing
g an
and
d
demand compliance.

10/8/2013 VV Narayana 118

 60. Delays in commencement or progress or
neglect of work
of  work and forfeiture of earnest
of  earnest money,
security deposit and withheld amounts‐(a)

 If the contractor neglects to comply with such demand within seven (7)
days after receipt of such notice,
IT shall be lawful for the Executive Engineer to determine the contract

 The determination shall carry with it

 The forfeiture of the security deposit,

 The total of the amount with held under clause 68 (Deposits),
 The value of such work as may have been executed but not paid for,
 [Any higher authority than the Executive Engineer may, it his discretion,
Waive Or Modify any penalty or forfeiture imposed by the Executive
Engineer]
10/8/2013 VV Narayana 119
 60. Delays in commencement or progress or
neglect of work
of  work and forfeiture of earnest
of  earnest money,
security deposit and withheld amounts‐(b)

 In spite of the failure of the contractor

 To com
ompl
ply
y wi
with
th th
the
e de
dema
mand
nd refer
errred to in su
sub
b‐cl
clau
ause
se(a
(a)) of th
this
is
clause or
 To mainta
maintain
in the “Rate
“Ratess of Pr
Prog
ogre
ress
ss”” specif
specifie
ied
d in th
the
e “Ar
“Artic
ticle
less of 
Agreement + Extension of Time that may have been allowed ,
The Executive Engineer shall permit the contractor to proceed with
the WHOLE or PART and continue and complete the WHOLE or SUCH
PART of work.
 Such permission shall not be deemed to be a waiver in any respect by
the Executive Engineer of the right of forfeiture under this clause.
10/8/2013 VV Narayana 120
 60. Delays in commencement or progress or
neglect of work
of  work and forfeiture of earnest
of  earnest money,
security deposit and withheld amounts‐(b)

 Provided however that

 Any such forfeiture under this sub‐clause shall not
exceed 5 per cent of the total of the contract .
 Any higher authority than the Executive Engineer may, it
his discretion,
discretion, Waive
Waive Or Modify
Modify any penalty
penalty or forfeitur
forfeiture
e
imposed by the Executive Engineer under the provision
of this clause.

10/8/2013 VV Narayana 121

 60. Delays in commencement or progress or
neglect of work
of  work and forfeiture of earnest
of  earnest money,
security deposit and withheld amounts‐(c)

 At any time the “Rate of Progress” in the agreement is not maintained,

The Executive Engineer shall have the right to give any part of the
work to any other contractor or contractors in order to maintain the
“Rate of Progress”
 Upon the completion of that part of work that is withdrawn.
The Ex
The Exec
ecut
utiv
ive
e En
Engi
gine
neer
er shalll ce
shal cert
rtif
ify
y th
thee amou
amoun
nt of ex
expen
pendit
ditur
ure
e
incu
incurr
rred
ed by th the
e De
Dep par
artm
tmen
entt for gettitin
ng th
the
e work comp
mple
letted by
another contr
contractor
actor or contr
contractors.
actors.

10/8/2013 VV Narayana 122

 60. Delays in commencement or progress or
neglect of work
of  work and forfeiture of earnest
of  earnest money,
security deposit and withheld amounts‐(c)

 Should the amount so certified be less than the amount which would
have been due to the original contractor on completion of that part of 
work by him
The difference shall not be paid to the contractor.
 Should the amount so certified be more than the amount which would
have been due to the original contractor on completion of that part of 
work by him
The difference shall be recovered from the original contractor by the
Government.
 Such recovery shall not exceed 5% of the total Contract amount.

10/8/2013 VV Narayana 123

 60. Delays in commencement or progress or
neglect of work
of  work and forfeiture of earnest
of  earnest money,
security deposit and withheld amounts‐(c)

CLARIFICATION
Execution of  balance work after determination of 
of balance of Contract
Contract
under clause 60(c ) of 
of P.S.
P.S. to A.P.D.S.S
Clarification has been made as to the mode of 
of execution
execution of 
of the
the
balance work and rate at which it may be let out.,
 The Executive Engineer shall have the right to allot the balance work on
nomination to any other contractor at his discretion in order to maintain
the “Rate of Progress”.
 The Executive Engineer need not invi
invite
te tend
tender
er so long as the balance
work executed satisfactorily at the rate in the agreement of the original
contractor.
10/8/2013 VV Narayana 124
 60. Delays in commencement or progress or
neglect of work
of  work and forfeiture of earnest
of  earnest money,
security deposit and withheld amounts‐(c)

CLARIFICATION

 If the Executive Engineer is unable to find a contractor to execute the

balance work at the original agreement rates
He shall call for tenders at short notice at realistic rates.
 If th
the
e bal
alan
ance
ce work com
omp
ple
letted by ot
oth
her contr
trac
acttor or con
ontr
trac
acttors
involves any extra cost
The di
The difffer
eren
ence
ce sh
shal
alll be rec
ecei
eiv
ved fr
from
om th
the
e or
orig
igin
inal
al co
con
ntr
trac
acto
torr un
unde
derr
clause 60 ( c).
Such recovery shall not exceed 5% of the total finished contract amount.

10/8/2013 VV Narayana 125

 61. Suspension of the
of  the works by the Contractor

 The contractor shall suspend the work

 On account
account of an
any
y legal restra
restraint
int not occasioned
occasioned by his own willful
willful
act or default,
 On orders from the Government preventing the continuance of act
or default,
 On orde
orderrs fr
from
om the Gover
Governm
nmen
entt pr
prev
even
entin
ting
g th
the
e co
con
ntin
tinua
uanc
nce
e of 
the ext
the xten
enssio
ion
n of ti
tim
me has bee
een
n sa
sanc
ncti
tion
oned
ed by th
the
e comp
mpe
eten
entt
authority

10/8/2013 VV Narayana 126

 61. Suspension of the
of  the works by the Contractor

 In case the contractor shall

 Suspend the work on other than above said accounts,
 Sublet the work or a portion of thereof without sanction of the
Executive Engineer,
 Neglect or fail to proceed with due care as laid down in the
schedule rate of progress,
The Executive Engineer shall have the power to give notice in writing
to the contractor to proceed with in accordance with the terms of 
contract.

10/8/2013 VV Narayana 127

 61. Suspension of the
of  the works by the Contractor

 The notice given by the Executive Engineer

 Shall not be unreasonable,
 Shall not be aggressive,
 Must specify that act or default on part of the contractor upon
which the notice
notice is based.
based.
 After such notice shall have been given
 The contractor shall not be at the liberty to remove from the site
any
any of his plant
plant or materia
materials,
ls, placed
placed there
there for the
the purpose work.
purpose of work

10/8/2013 VV Narayana 128

 61. Suspension of the
of  the works by the Contractor

 The Government shall have

 Legal right on such plant and materials from the date of such notice
bei
ein
ng giviven
en unti
till th
the
e noti
tice
ce shshalalll have bee
een
n com
omp
pli
lie
ed wi
with
th by
contractor.
 Power to post watchmen at the site of the works in order to prevent
the removal of any plant or materials.
 The contractor shall comply with the notice in writing to the
satisfaction of the Executive Engineer within fourteen days (14) after
the notice have been given to him.
 In case the contractor shall fail to comply with
 The Government may enter upon and take possession of the works,

10/8/2013
the site, the plant and materials.
VV Narayana 129
 61. Suspension of the
of  the works by the Contractor

 Al
Alll su
such
ch pl
plan
antt an
and
d ma
mate
teri
rial
al ar
are
e at th
the
e di
disp
spos
osal
al of th
the
e Go
Gov
ver
ernm
nmen
entt
absolutely for the purpose of completing the work .

 If the Government exercise the above power and take possession of 
work, plant and materials
 They may engage any other person to complete works.
 They may exclude contractors, his agents from entry upon Power to
post watchmen or access to the site.
 They may allow the contractor or any person nominated by him at
alll rea
al easo
sona
nabl
ble
e ti
time
mess to in
insp
spec
ect,
t, su
surv
rvey
ey an
and
d me
meas
asur
ure
e th
the
e wor
orks
ks
already executed by the contractor.
10/8/2013 VV Narayana 130
 61. Suspension of the
of  the works by the Contractor

 The Government shall take all necessary steps for completing the works
without undue delay or expense
 Using the above plant and materials taken into possession and
 Obtaining additional plant and materials as the Executive Engineer
decides
decid es neces
necessary
sary
For due fulfillment and completion of the work.
 Upo
Uponn co
compl
mpleti
etion
on of the work,
work, the Execut
Executive
ive Enginee
Engineerr sha
shall
ll cer
certify
tify the
amount of expense incurred, due to the fault of the contractor
 In having the work completed by other persons and
 Ha
Havi
ving
ng cr
cred
edit
ited
ed th
the
e co
cont
ntrrac
acto
torr wi
with
th th
the
e value of  mat
alue material
erialss only
utilized in the work.
10/8/2013 VV Narayana 131
 61. Suspension of the
of  the works by the Contractor

 Should the amount so certified be less than the amount which would
have been due to the original contractor on completion of that part of 
work by him
The difference shall not be paid to the contractor by the Government.
 Should the amount so certified be more than the amount which would
have been due to the original contractor on completion of that part of 
work by him
The difference
difference shall be paid by the contractor
contractor to the Government.
Government.

10/8/2013 VV Narayana 132

 61. Suspension of the
of  the works by the Contractor

 Should the amount so certified be less than the amount which would
have been due to the original contractor on completion of that part of 
work by him
The difference shall not be paid to the contractor by the Government.
 Should the amount so certified be more than the amount which would
have been due to the original contractor on completion of that part of 
work by him
The difference
difference shall be paid by the contractor
contractor to the Government.
Government.

10/8/2013 VV Narayana 133

 61. Suspension of the
of  the works by the Contractor

 The Government shall not be liable to make any payment on account of 
the use of such
such plant
plant fo
forr the completio
completion
n of the work.
work.
 The Governm
Governmentent give
give notice in writing at any time to the contra
contractor
ctor to
remove any of his plant or materials from the site and not required for
completion of the works.
 If such plant or materials are not removed within fourteen days (14
days) of notice,
 The Government may remove and sell the same and
 Credit the amount to the contractor the money so obtained less the
cost of removal and sale,

10/8/2013 VV Narayana 134

 61. Suspension of the
of  the works by the Contractor

 In cas
ase
e th
the
e Go
Gov
ver
ernm
nmen
entt sh
shal
alll exer
erci
cise
se th
the
e po
pow
wer con
onttai
aine
ned
d in th
this
is
clause 61 and shall complete the work by other persons
 Th
The
e Ex
Exec
ecut
utiv
ive
e En
Engi
gine
neer
er sh
shal
alll ce
cert
rtif
ify
y wh
what
at am
amou
ount
nt ha
had
d be
been
en re
reas
ason
onab
ably
ly
earned or reasonably
earned reasonably gained
gained to the contracto
contractorr in respect
respect of the work then
actually done by him
And such certificate shall be final and binding on the contractor.
 When the Government shall exercise the power contained in this clause
61 and shall take into possession of work and site
 The portion of the work done by the contractor shall be maintained by the
Governmen
Govern mentt at the risk and expens
expense
e of contr
contract
actor
or un
until
til the whole
whole of the
work is completed by ot oth
her agency and the Government take into
possession of total work.
10/8/2013 VV Narayana 135
 62. Payment on lump‐sum basis or by final
measurement or unit prices‐ (a)

PAYMENT ::
 Paym
ymen entt for th
the
e wor
ork
k done by th
the
e contr
trac
acttor wiwilll be
made on the basis of Measurements recorded in (i)
Measurement Books or (ii) Level field books.
MEASUREMENTS ::
 Supervisor or above rank officer should Record.
 As
Assi
sisstan
antt En
Engi
gine
neer
er or ab
abov
ove
e ran
ank
k of
offi
fice
cerr sh
shouould
ld Ch
Chececk
k
Measure.

10/8/2013 VV Narayana 136

 62. Payment on lump‐sum basis or by final
measurement or unit prices‐ (a)

STAGES OF RECORDING OF MEASUREMENTS ::

 During progress of the work,
 After completion or the work or
 After the work is Determined.
MEASUREMENTS AND CHECK MEASUREMENT ::
 Sh
Shou
ould
ld be do
done
ne in th
the
e pr
pres
esen
ence
ce of CoCon
ntr
trac
acttor or hi
hiss au
auth
thor
oriz
ized
ed
agent and the contractor should accept them.
 In the absence of Contractor also Measurements and Check
measurem
measu rements
ents can be done
done with a written
written notice to him.

10/8/2013 VV Narayana 137

 62. Payment on lump‐sum basis or by final
measurement or unit prices‐ (b)

OVER/WRONG/UNAUTHORIZED PAYMENTS TO THE CONTRACTOR::

• If any such payments are made to the Contractor due to
wrong interpretation of provisions or other wise, those
will be deducted.
 In the subsequent Bills of the Contractor,
 In the Final Bill,
 From the Security Deposits or
 Bills under any other contract of the Government.

10/8/2013 VV Narayana 138

 62. Payment on lump‐sum basis or by final
measurement or unit prices‐ (c)

ABSOLUTE RELEASE OF GOVERNMENT FROM ALL CLAIMS::

The accepted condition of  of the
the contract ::
• If a
If  a payment of 
of final
final bill less withheld amount is paid to
contractor and
• The contractor accept the final bill.
The Government is released from all further claims by the
contractor..
contractor

10/8/2013 VV Narayana 139

 63. Payment for additions and
deductions for omissions

 The contractor is bound to execute al

alll supplemental
items that are found
 (i) Essential,
 (ii) Incidental and
 (iii) Inevitable during the execution of work.

 The rates for the supplemental items are to be worked as

detailed below.

10/8/2013 VV Narayana 140

 63. Payment for additions and
deductions for omissions
omissions –(a)
 –(a)

For EXISTING ITEMS of 

of work
work in EXCESS OF QUANTITIES
SHOWN IN SCHEDULE ‘A’ of 
of the
the tender,
The rates payable shall be the least of  the following
values
 Tender Rate
 Standard Schedule of 
of rates
rates for item +/‐ Over all tender
percentage accepted by competent authority.

10/8/2013 VV Narayana 141

 63. Payment for additions and
deductions for omissions
omissions –(b)
 –(b)

For NEW ITEMS directly deducible from SIMILAR ITEMS in

the agreement,
The rates for NEW ITEM shall be derived as sum of 
 Agreement rate of 
of SIMILAR
SIMILAR ITEM
 +/‐ Cost of 
of difference
difference in quantity of 
of material
material or labour between
the NEW ITEMS and SIMILAR ITEM (worked out with reference to
the Schedule of 
of rates
rates adopted in the sanctioned estimate)
 +/‐ Over all Tender Percentage.

10/8/2013 VV Narayana 142

 63. Payment for additions and
deductions for omissions
omissions –(c)
 –(c)

For NEW ITEMS which do not correspond to any items in

the agreement,
The rates for NEW ITEM shall be derived as sum of 
 Standard schedule rate .
 +/‐ Over all Tender Percentage.
 __________________________________________________
The “Standard Schedule of 
of Rates
Rates (SSR) used in sub‐clauses (a), (b)
and ( c) means the Schedule of 
of rates
rates which the Sanctioned Estimate
is prepared.
10/8/2013 VV Narayana 143
 63. Payment for additions and
deductions for omissions
omissions –(d)(i)
 –(d)(i)

In the event of 

of the
the Contractor and the Executive Engineer
FAILING to agree on a rate for such additional work.
The Executive Engineer may execute work by
 Employing other parties to carry out the additional work in the
same manner as provide for under Clause 48. ( As per Clause 48,
the Subsisting Contractor should cooperate with employees send
by the Executive Engineer)

10/8/2013 VV Narayana 144

 63. Payment for additions and
deductions for omissions
omissions –(d)(ii)
 –(d)(ii)

 The Executive Engineer shall give written orders to the contractor to

execute the work.
 Ac
Acco
cord
rdin
ingl
gly
y, th
the
e co
cont
ntrrac
acto
torr sh
shal
alll ex
exec
ecut
ute
e th
the
e wo
work
rk by pr
proc
ocur
urin
ing
g
materials and employing labour.
 Af
Afte
terr com
ompl
plet
etio
ion
n of th
the
e wor
ork,
k, th
the
e co
con
ntr
trac
acto
torr sh
shal
alll pr
prod
oduc
uce
e th
the
e
vouch
voucher
erss (f
(for
or the ma
mater
terial
ial and lab
labour
our employ
employed)
ed) to the Execut
Executiv
ive
e
Engineer within seven (7) days.
 The Executive Engineer shall pay the contractor the cost of labour
and the material duly allowing 10% on their cost.

10/8/2013 VV Narayana 145

 63. Payment for additions and
deductions for omissions
omissions –(d)(ii)
 –(d)(ii)
 In case the Executive Engineer considers that the payment on the
basiss of vou
basi voucher
cherss presented
presented is unduly high and if EACH ADDITIONAL
ADDITIONAL
payment is less than Rs 1000 less
 He sh
shal
alll ma
mak
ke pa
pay
yme
men
nt in ac
acccordan
ance
ce suc
uch
h val
alu
uati
tio
on as he
considers fair and reasonable.
 The decisions of the Executive Engineer on the matter shall be
final.
 In case such amount exceeds Rs. 1000, the contractor shall have the
right to submit the matter to arbitration as per Clause 73.

10/8/2013 VV Narayana 146

 63. Payment for additions and
deductions for omissions
omissions –(e)
 –(e)

 In case the Executive Engineer opines that

 A RATE for the additional item is not capable of being
properly arrived at prior to execution of work or
 The QUANTITY cannot be arrive with proper
measurements.
 Then the COST and PAYMENT of the items shall be dealt
with as per preceding sub ‐clause (d)(ii).

10/8/2013 VV Narayana 147

 64. No payment for unsanctioned extras

When variations by wa
way
y of 
of extras
extras made

 The Executive Engineer give a written sanction

 Then only payment to the contractor is made.

10/8/2013 VV Narayana 148

 65. Accounts, receipts and vouchers

 Up on request of 
of the
the Executive Engineer to the
contractor to furnish him all
 Invoices,
 Accounts,
 Receipts and
 Other vouchers

That he may require in connection with the contract.

10/8/2013 VV Narayana 149

 66. Fraud, willful neglect or default

 The contractor shall not be relieved in any circumstances from

his liability for any
 Fraud,
 Willful neglect or Default in execution of 
of contract,
contract,
 Willful or unauthorized deviations from the drawings,
specifications, instructions and directions,
Even though the final or other certificate of 
of payment
payment of 
completion, acceptance or settlement of of accounts
accounts are
finished.
10/8/2013 VV Narayana 150
 67. Unfixed materials

• No payments or advance will be made for UNFIXED

materials when the rates are for finished item of 
work.
 –  That is, payment will not be made on mere
collection and stacking of materials at site.

10/8/2013 VV Narayana 151

 68. Payments and certificates

 The contractor shall prepare a sufficiently detailed bill based on

quantities and rates in the contract (Schedule A) to the
satisfaction of the Executive Engineer and apply for certificate to
claim the Bill.
 The Executive Engineer or the S ub‐Divisional Officer shall check
that claim and issue certificates within fourteen days (14 days) of 
application.
 No application for a certificate shall be made within fourteen
days (14 days) of a previous application.

10/8/2013 VV Narayana 152

 68. Payments and certificates

INTERMED
INTE RMEDIA
IATE
TE PAYMEN
YMENTT
 The Executive Engineer or the sub‐divisional officer shall issue
certificates at reasonably frequent intervals.
 Within fou
ourt
rtee
eenn da
dayys (14 days) of each certificate, an
intermediate payment will be made by the Executive Engineer
of the sub‐divisional officer a sum equal to 92 of the value
of work.
 Th
The
e ba
bala
lanc
nce
e7 will be wi
will with
thhe
held
ld an
and
d ret
etai
aine
ned
d as a se
secu
curi
rity
ty for
the due fulfillment of the contractor.

10/8/2013 VV Narayana 153

 68. Payments and certificates

FINAL PAYMENT
 The Executive Engineer or the sub‐divisional officer shall
issue certificates on completion of the entire works.
 The contractor will receive the final payment of all moneys
due to him under or by virtue of contractor except
 Earnest Money Deposit retained as security and
 A sum equal to 2 ½ of total value of work done
Provided there
Provided there is no rec
recov
overy
ery fr
from
om or fo
forf
rfeitur
eiture
e by the contracto
contractorr to
be made under clause 60.
10/8/2013 VV Narayana 154
 68. Payments and certificates

DEPOSITS
 The Amount withheld from the final bills is retained under
“Deposits”.
 This deposit and the earnest money deposit will be paid to the
contractor after a period of  six months (6 months) as all defects
shall have been made good according to true intent and meaning
thereof.
 In case of works like Conveyance of materials, supply of materials, silt
clearance, the deposit amount could be refunded after the work is
completed in accordance with the terms of the Agreement.
10/8/2013 VV Narayana 155
 68. Payments and certificates

 The certificate of the Executive Engineer or the Sub‐

Divisional officer shall not be considered conclusive
evidence as to the sufficiency of 
 Any of work,
 Materials or
 Correctness of measurements
To which it relates .

 This certi
certificate sh
ficate shal
alll no
nott rel
elie
iev
ve th
the
e con
ontr
trac
acto
torr fr
from
om hi
hiss
liability to make good defects as provided by the contractor.
10/8/2013 VV Narayana 156
 68. Payments and certificates

ROUNDING RULES
 In cal
alcu
cula
lati
ting
ng the amount of each item in the bill for
the
payment
 Fractions of below five paisa shall be omitted,
 Five paisa or over shall be reckoned as ten paisa.
 In calculating the total on each bill for payment
 Fractions of less than half rupee shall be disregarded,
 Half rupee and over shall be reckoned as one rupee.
10/8/2013 VV Narayana 157
 [68. Payments and certificates]

MECHANICAL CONTRACTS
 This clause
clause 68 will
will not apply
apply to the contr
contracts
acts fo
forr
 Designing, Manufacture, Supply, Erection, Testing
Where SPECIAL CONDITIONS are incorporated.
 As per the SPECIAL CONDITION
 Retention of 10% of the contract value for twelve
months (12 months) and
 Payment made up to 90% of the contract value on

10/8/2013
erection and testing. VV Narayana 158
 69. Interest on money due to contractor(a)

 Any omission by the Executive Engineer or the Sub‐

Divisional Officer to pay the amount due up on certificate
shall not impair of void the contract.
 The contractor shall not be entitled to interest upon
 Any guarantee fund or payments in arrears
 Any balance amount found to be due to him (on final
settlement of accounts).

10/8/2013 VV Narayana 159

 69. Interest on money due to contractor(b)

 Whenever the contractor deposits the withheld amount with the

Executive Engineer in the form of interest bearing securities
 Forthwith the equivalent withheld amount shall be paid to
the contractor.
 The amount so deposited by the contractor shall be recognized
for the purpose by the AP Public Wor ork
ks Acc
cco
ount Code and
subject the provisions contained therein.
 The contractor is permitted to avail the option in this clause 69
 Subject to the condition that the rate of progress contained in
the Articles of Agreement is properly maintained.
10/8/2013 VV Narayana 160
 70. Acceptance of 
of Final
Final measurements

 Before payment of the final bill shall be made on the contract, the
contractor agrees that he will sign and deliver a valid release and
discharge certificate to the Executive Engineer either in
Measurem
Measu rement
ent Book or other
other wise as demand
demanded.
ed.
A valid release and discharge from any and all claims and demands
whatsoever for all matters arising out of, are connected with the
contract.
 No
Noth
thin
ing
g in th
this
is cla
claus
use
e sh
shal
alll di
disc
scha
harg
rge
e an
and
d re
rele
leas
ase
e th
the
e co
cont
ntrrac
acto
torr
from his liabilities under the contract.

10/8/2013 VV Narayana 161

 70. Acceptance of 
of Final
Final measurements

 Th
The
e con
ontr
trac
acto
torr sh
shal
alll pr
prod
oduc
uce
e a ce
cert
rtif
ific
icat
ate
e fr
from
om th
the
e in
inco
come
me tax
authorities that all I.T. payable by him up‐to‐da
date
te has been
been duly
duly paid
paid
in the case of contract whose value is over Rs.10,000.
 It is further expressly agreed that Executive Engineer in supplying
the fin
ina
al measurement certif
ific
ica
ate, need not be found by th
the
e
preceding measurements and paymen
payments.ts.
 The final measurements, if any, of the Executive Engineer shall be
 Final
 Conclusive and
 Binding on the contractor.

10/8/2013 VV Narayana 162

71. Recovery of 
of money
money from contractor in certain case

 In every case which provision is made for recovery of money

from the contractor .
 Th
The
e Go
Gov
ver
ernm
nmen
entt sh
shal
alll be en
enti
titl
tled
ed to ret
etai
ain
n or de
dedu
duct
ct th
the
e
amountt ther
amoun thereof
eof fr
from
om an
any
y mone
money
y
That may be due or
That may become due
 To the contractor
Under these presents or
Under any other extract or contracts or
Any other account what so ever.
10/8/2013 VV Narayana 163
 72. Contractor dying, becoming
insolvent, insane or imprisoned

 The Executive Engineer may opt to terminate the contract

in the event of 
 The death of the contractor or
 Insolvency of the contractor or
 Imprisonment of the contractor or
 Where th
the
e contrac
acttor bein
ing
g a partn
tne
ership or firm becomes
Dissolved or
 Corporation goes into liquidation (voluntary or otherwise).

10/8/2013 VV Narayana 164

 72. Contractor dying, becoming
insolvent, insane or imprisoned
 The Contract may be terminated by
 Notice in writing
writing post
posted
ed at site of the
the works
works and
 Advertising in one issue of the local District Gazette,

 The paym
yme
ent will be made forthwith to th
the
e person or
persons entitled to receive and give a discharge for the
payme
payment
nt suc
such
h tha
thatt .
 All accepted and acceptance works be measured up and paid for
 The rates provided in the contract schedule, where such apply, or
 Mo
Mosst rec
ecen
entt sc
sche
hedu
dule
le of rat
ates
es of th
the
e di
divi
visi
sion
on ap
appr
pro
oved by th
the
e
10/8/2013
competent authority. VV Narayana 165
 73. Arbitration

TIME/ STAGES of Arbitration

At any of the following stages the Arbitration can be referred.
 During the progress of works or
 After completion of the works or
 After determination of the works or
 Aft
After
er Abandonmen
Abandonmentt of the works
works by contr
contracto
actorr or
 After breach of work.

10/8/2013 VV Narayana 166

 73. Arbitration

ISSUES of Arbitration
 As to the interpretation of the contract
 As to any matter or thing arising there under except
 As to the matters left to the sole discretion of the
Executive Engineer under clauses 20, 22, 27(c ), 36, 37 and
40 of PS
 As to the withholding by the Executive Engineer or payment
of any bill to which the contractor may claim to be entitled.

10/8/2013 VV Narayana 167

 73. Arbitration

 In case of any DISPUTE OR DIFFERENCE (D/D) between the parties

to the contract
 (i) Dur
During
ing an
any
y of the abo
above
ve st
stage
agess and
 (ii) On any of the above issues
Then either party forthwith give to the other notice of such
dispute or difference.
 Such dispute or difference shall be and is hereby referred to the
Arbit
Arbitrratio
ion
n of th
the
e Su
Supe
peri
rin
nten
enddin
ing
g En
Engi
gin
nee
eerr me
men
nti
tion
oned
ed in the
“Articles of Agreement” – called “Arbitrator”.
10/8/2013 VV Narayana 168
 73. Arbitration

 The Aw
Awar
ard
d of su
such
ch Ar
Arb
bit
itrrator sh
shal
alll be fi
fin
nal an
and
d bi
bind
ndin
ing
g on the
parties unless contested by either party in Court of Law.
 In cases where the Executive Engineer has entered into the contract on
behalf
beha lf of th
the
e Go
Gov
ver
erno
norr, in th
thee fi
firrst in
inst
stan
ance
ce,, th
the
e di
disp
sput
utee or di
difffer
eren
ence
ce
shall be referred by or through the Executive Engineer to the
Supe
peririn
nten
enddin
ing
g En
Enggin
inee
eerr of th
the
e Cir ircl
cle
e and his de deccis
isio
ion
n th
ther
eree upon
obtained before referring such dispute or difference to arbitration under
this clause.
 Progress of the work shall not be suspended or delayed on account
of the reference of any D/D to the Superintending Engineer or to
Arbitration under this clause.
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 73. Arbitration

 The de
deci
cissio
ion
n of th
the
e Ex
Exec
ecut
utiv
ive
e En
Engi
gin
nee
eerr or th
the
e Su
Supe
peri
rin
nten
endi
din
ng
Engine
Engineer
er of ththe
e Ci
Cirrcl
cle
e on su
such
ch D/
D/D
D sh
shal
alll be co
conc
nclu
lusi
siv
ve an
and
d un
unti
till
reversed by the Superintending Engineer or Arbitrator.
 The Arbitr
Arbitrato
atorr shall fix a period to
to file a statemen
statementt of the case.
 Wi
With
thin
in th
the
e ab
abov
ove
e fi
fixxed pe
peri
riod
od ei
eith
ther
er party
part y ma
may y fi
file
le bef
befor
ore
e th
the
e
arb
arbit
itrrator a statem
emen
entt of th
the
e cas
ase
e an
and
d al
alsso al
alll the dococuume
men
nts
relating to or having a bearing on the case.
 If reasonably possible, the Arbitrator shall set that the award is
passed within fouourr mon
onth
thss (4 mon
onth
ths)
s) from the date of his
entering up on the reference.
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 73. Arbitration

 If he Arbitrator considers an extension of the period of passing

award
award is nec
necess
essary
ary
Either on his own or on application either party to the reference
The pa
The part
rtie
iess he
here
re by ag
agre
ree
e an
and
d co
cons
nsen
entt to su
such
ch ex
exte
tens
nsio
ion
n as the
arbitrator time to time consider reasonably necessary.
 The Arbitrator shall forthwith communicate in writing such an extension
to either party.
 The Arbitrator may pass an award on the documents or
statements of the case filed by both the parties under or on
personal inspection.
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 73. Arbitration

 The Arbitrator shall

 Not be bound to observe ordinary rules of procedure applicable to
trials before Judicial tribunals
 Not to here
here to receiv
receive
e for
formal
mal evidence
evidence .
 The Arbitrator shall have power to view the subject matter of the
dispute with or without the parties or their agents.
THE DISCRETION POWER S OF ARBITRATOR and
THE PROCEDURE FOR PASSING AN AWARD.
The above details are given in last part of 
of First
First Para, in Second Para and
in Third Para of 
of Clause
Clause 73.
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 73. Arbitration

 The Payment to the contractor based on th

the
e Arbitr
tra
ation
award shall be made only
 After acceptance of the award by the Chief Engineer if the
value of the award is less than Rs. 20,000.
 After acceptance of the award by the Government if the
value of the award is Rs
Rs.. 20
20,0
,000
00 ab
abov
ove.
e.

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 73. Arbitration

NOTE 1:‐Arbitration awards whose value is below Rs. 20.000:

 The Chief Engineer is authorised to accept the award.
 The C.E. shall make a review of the award within 15 days of service of 
notice in consultation with the local counsel.
counsel.
 If the Local Counsel opines the award has to be contested, he shall file an
application in the Court within 30 days of service of notice and take steps
to contest the award.
 If the C.E. considers it not advisable to act according to the advice of Local
Counsel, he shall refer the matter to the Government for examination
within 15 days of notice.
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 73. Arbitration

Arbitration awards whose value is Rs. 20.000 or above:

 If the C.E. shall make a review of the arbitration and submit a report
within 10 days of the notice.
 For all appreciation of the case, the Chief Engineer shall furnish to the
Government
 Summery of the case,
 Copy of the Agreement for the work,
 The facts pressed before the arbitrator by both the parties and
 The recommendations of the Chief Engineer.

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 73. Arbitration

Arbitration awards whose value is Rs. 20.000 or above:

 The Government shall consult the law departm
tmeent and will take a
decision whether the award should be accepted or not.
 The Government then communicate the decision within 25 days of service
of notice to enable the Chief Engineer
 Either to take action on the basis of the award
 Or to file an application in the Court e for filing the award
Within 30 days of service of notice and contesting it.

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 73. Arbitration

NOTE
NOTE 2: (C
(COUR
OURT
T FEE ST
STAMPS
AMPS))
 The Application of contractors seeking arbitration should bear a Court fee
stamp as per Andhra Pradesh Court Fees , but stamp duty need be levied.
 The Award passed by arbitrator shall be on stamped paper.
 The value of that Stamped paper shall be according to the value of claim
to which the award relates.
 If the aggrieved (distressed ) party goes to a Court of Law challenging the
award, he should pay necessary Court fee.

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 [73. Arbitration]

NOTE
NOTE 3: (MODI
(MODIFICA
FICATION
TION by G.O
G.O.Ms.No
.Ms.No.158
.158 TR&B, dt 13‐7‐92)
 Ex
Except
cept as otherw
otherwise
ise provided
provided in the contrac
contractt an
any
y dispute and differen
differences
ces
arising out of or relating to the contract shall be referred to adjudification
as follows.
I. (i) Se
Settl
tle
ements of
of al
all Claims up to
to Rs
Rs. 50,
50,00
000
0 in
in va
value by
by
way of Arbitration to be referred as follows :
(a) Claims upto Rs. 10,000 value.
Superint
Superintendin
ending
g Engineer
Engineer of another Circle
Circle in the Dept.
(b) Claims
Claims Rs. 10,000
10,000 to 50,000
50,000 in value.
value.
Another Chief Engineer of the same Department.
10/8/2013 VV Narayana 178
 [73. Arbitration]

NOTE
NOTE 3: (MODI
(MODIFICA
FICATION
TION by G.O
G.O.Ms.No
.Ms.No.158
.158 TR&B, dt 13‐7‐92)
 Th
The
e ar
arbi
bitr
trat
atio
ion
n pr
proc
ocee
eedi
ding
ngss wi
will
ll be co
cond
nduc
ucte
ted
d in ac
acco
corrda
danc
nce
e wi
with
th th
the
e
provisions of the Arbitration Act, 1940 as amended from time to time.
 The Arbitrator shall invariably give reasons in the award.

II.. Se
II Sett
ttle
leme
ment
ntss of
of al
alll Cl
Clai
aims
ms ab
abov
ove
e Rs.
Rs. 50,
50,000
000 in val
alue
ue ::
 All these shall be decided by the Civil Court of competent jurisdiction by
way of regular suit and NOT by ARBITRATION .
 A reference for adjudication under this Clause shall be made by either
party to the contract within six months from the date of intimating the
contractor of the preparation of final bill or his having accepted payment.
10/8/2013 VV Narayana 179
 WHY this EXERCISE
1. Teaching is the best way of 
of learning.
learning.
2. Power point is best tool for teaching.
3. Hence I opted for PPT in order to learn PS to APDSS.

4. Each Section is presented in a simple form without changing the

meaning.
5. Sections are split into number of 
of statements.
statements.
6. Legal words and technical words are not changed.
7. Long sentences are split into small and meaning full sentences without
effecting true meaning.
8. Any suggestions are acknowledged.
9. 8‐Oct‐2013

10/8/2013 VV Narayana 180

 REFERENCES
1. The Andhra Pradesh Public Works Department Code.
2. The Andhra Pradesh Public Works Account Code.
3. The Andhra Pradesh Detailed Standard Specification.
4. The Andhra Pradesh Standard Scheduled Rates and Standard Data.
5. Internet Explorer.

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