8.
Definition of terms
EXECUTIVE ENGINEER ::
The Executive Engineer, Superintending Engineer
or higher authority should not delegate powers
which affect agreement and contract conditions.
The duties of such assistants or subordinates will
be solely duties of supervision to ensure
compliance with contract conditions.
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8. Definition of 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 contractors 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 Experience.
They have to present satisfactory evidence to the
Executive Engineer
I. That they are regularly engaged in constructing such
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 registered 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.
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11. Quantities approximate and contractor
to verify nature and amount of 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.
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11. Quantities approximate and contractor
to verify nature and amount of work
Tenderers must satisfy themselves the accuracy and sufficiency of
statement of quantities and all conditions affecting the work (by
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 shall not assert that there was any misunderstanding 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.
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12. Approximate not to mean deviation
from drawings and specifications.
The declaration of the approximate nature of the
statement of quantities in Schedule A does not imply
that the quantities will be increased.
The contractor shall not departure from the sanctioned
drawings and specifications to suit his own given
convenience or reduce his costs.
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13. To compare tenders.
• The quantities in Schedule A are for a
uniform comparison of Lump sum tenders.
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14. Purpose
The contract DRAWINGS, if any, read together with
The contract SPECIFICATIONS are intended to
To show and explain the manner of executing
the work and
To indicate type and class of materials to be
used.
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15. Conformance (a)
The works shall be carried out in accordance with::
The directions and to the reasonable satisfaction of the Executive
Engineer.
The drawings and specifications which form part of contract and
The Further Supplemental drawings, details and instructions and
explanations given time to time by the Executive Engineer (In case
of discrepancies).
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15. Conformance (b)
In case the contractor
Opines that the schedule rate in the contract does not legitimately
cover the work comply with FURTHER DRAWINGS, details,
directions, instructions,
He shall give notice to the Executive Engineer before starting such
work.
In the event
The Executive Engineer and the contractor failing to agree 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.
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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.
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15. Conformance (c)
Contractor responsibility is to give timely notice to the Executive Engineer in case
of following discrepancies::
Anything shown on the drawing not mentioned in the specification.
Anything mentioned in the specification and not shown in the drawings.
Error or discrepancy in drawings or
Error or discrepancy in specifications.
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.
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16. Variations by way of modifications,
omissions or 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.
Modifications, omissions or additions shall be made
only when so authorized and directed by the Executive
Engineer in writing.
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16. Variations by way of modifications,
omissions or additions
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.
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17. Copies of drawings and specifications
• For the use and reference of CONTRACTOR
The Executive Engineer should furnish a copy of 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.
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18. Signed drawings 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
After the drawings are entered in the agreement schedule of
drawings under the proper attestation of the contractor and the
Executive Engineer or
The drawings are sent to the contractor by the Executive Engineer
through a covering letter.
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19. Finished sizes
WOOD WORK ::
The Figured dimension are to be the finished sizes after dressing or planning
or cutting, when marked as NETT.
An allowance 1.50 mm will be permitted for planning for each planned 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 ::
Finished dimensions are the Figured dimensions Exclusive of the thickness of
plaster or skirting or cement or wall lining (by default).
If specifically stated Figured dimensions are total dimensions.
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20. To be the best quality
All Material, Article and Workmanship shall be the BEST of
their respective kinds for the class of work described in
the contract specification &schedule.
Material shall be obtained from sources approved by the
Executive Engineer.
BEST shall mean, there is no superior quality of Material
of Finish or Articles on the market.
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20. To be the best quality
Upon request of Executive Engineer, the contractor shall
furnish the vouchers to prove that the materials 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 for in the tender notice or
When ordered by the Executive Engineer.
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21. Convention for proportions
Wherever the proportions are written by figures
without further description then the usual
conventions will apply.
Example ::
1:2 means 1 cement and 2 sand
1:2:4 means 1 cement, 2 sand, and 4 aggregate
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22. Measurement and mixing
MEASUREMENTS ::
Loose materials (sand, cement, broken stone) shown in proportions
must be measured in properly constructed measuring boxes.
Or in such other manner as shall be instructed by the Executive
Engineer.
Measurement is not to be done in loose heaps when intimate mixes
such as mortar, concrete etc., are to be formed.
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22. Measurement and mixing
MIXING ::
Mixing must always be done on closely constructed
platforms.
During mixing, no foreign material can be incorporated.
The platforms must be approved by the Executive
Engineer.
The contractor shall borne the cost of Measuring Boxes
and Platforms.
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23. Data
The
(i) Materials and
(ii) Labour
Utilized in the execution of work by the
contractor shall not be less than that given in the
A.P.P.W.D. standard data for relevant items.
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24. Lay out of material stacks
Before start of the work, the contractor shall submit a
detailed to the Executive Engineer (clearly
indicating positions and areas where materials shall be
stacked and shed built).
That should be approved by the Executive
Engineer.
The contractor shall deposit the materials for the purpose
of the work on the approved in
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