1.

Liabilities of the Contractor:

1.1 Accident Relief and workmen compensation:
The contractor should make all necessary arrangements for the safety of workmen on
the occurrence of the accident, which results in the injury or death of any of the
workmen employed by the contractor, the contractor shall within 24 hours of the
happenings of the accident and such accidents should intimate in writing to the
concerned Asst. Engineer / Asst. Executive Engineer of the Department the act of
such accident. The contractor shall indemnify Government against all loss or damage
sustained by the Government resulting directly or indirectly from his failure to give
intimation in the manner aforesaid including the penalties or fines if any payable by
Govt. as a consequence of Govt. failure to give notice under workmen’s
compensation Act or otherwise conform to the provisions of the said Act. In regard
to such accident.

1.2 In the event of an accident in respect of which compensation may become payable
under the workmen’s compensation Act VIII 23 whether by the contractor, by the
Government it shall be lawful for the Executive Engineer to retain such sum of
money which may in the opinion of the Executive Engineer be sufficient to meet such
liability. The opinion of the Executive Engineer shall be final in regard to all matters
arising under this clause.

1.3 The contractor shall at all times indemnify the Govt. of A.P. against all claims which
may be made under the workmen’s compensation act or any statutory modification
thereafter or rules there under or otherwise consequent of any damage or
compensation payable in consequent of any accident or injuries sustained or death of
any workmen engaged in the performance of the business relating to the contractor.

2. Contractor’s Staff, Representatives and Labour:

(a) The contractor shall, at all times, maintain on the works, staff of qualified Engineers,
and Supervisors of sufficient experience of similar other jobs to assure that the quality
of work turned out shall be as intended in the specifications. The contractor shall also
maintain at the works, a Work Manager or sufficient status, experience and office and
duly authorize him to deal with all aspects of the day-today work. All
communications to any commitments by the Work Manager shall be considered as
binding on the Contractor.

(b) The Contractor shall at all times submit details of skilled and unskilled labour and
equipment employed to the Engineer-in-Charge in prescribed proforma as he may
require to assess and ensure the proper progress of work.

(c) If the contractor does not employ the technical person agreed to on the work a fine of
Rs.25,000/- will be imposed. If he does not employ for 30 days, thereafter it becomes
a fundamental breach of contract.

3. Accommodation and food:

The contractor should arrange accommodation he needs, at his own cost. The
contractor shall make his own arrangements for supply of food grains, fuel and other
provision to his staff and laborers including controlled commodities.

4. Relationship :
Contractor shall have to furnish information along with tender, about the relationship
he is having with any officer of the Department, Government of Andhra Pradesh of

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 the rank Assistant Engineer and above engaged in the work and any officer of the
rank of Assistant Secretary and above of the Department of Government of Andhra
Pradesh.

5. Protection of adjoining premises:

The contractor shall protect adjoining sites against structural, decorative and other
damages that could be caused by the execution of these works and make good at his
cost any such damages.

6. Work during night or on Sundays and holidays:

The works can be allowed to be carried out during night, Sundays or authorised
holidays in order to enable him to meet the schedule targets and the work shall
require almost round the clock working keeping in view:

(i) The provisions of relevant labour laws being adhered to:

(ii) Adequate lighting, supervision and safety measures are established to the
satisfaction of the Engineer-in-Charge and

(iii) The construction programme given by the Contractor and agreed upon by the
Engineer-in-Charge envisages such night working or working during
Sundays or authorised holidays.

7. Layout of materials stacks:

The contractor shall deposit materials for the purpose of the work on such parts only
of the ground as may be approved by the Engineer-in-Charge before starting work. A
detailed survey, clearly indicating position and areas where materials shall be stacked
and sheds built is to be conducted by the contractor at his own cost and only after
obtaining necessary approval of the plan for use of sites by the Engineer-in-Charge,
the Contractor can use the sites accordingly.

8. Use of blasting materials:

Procurement of blasting materials and its storage is the responsibility of the
contractor. The contractor shall engage licensed blaster for blasting operation. The
contractor is to act in accordance with Indian Explosive Act and other rules
prevailing, during the execution of work. It is the responsibility of the contractor to
see, that works by other agencies in the vicinity are not hampered, in such cases if
any claim is made by other agencies that should be borne by the contractor. Carriage
of blasting materials, from the magazine to the work site, is the responsibility of the
contractor. No blasting will be allowed in residential areas, controlled blasting will
be allowed by the Municipal Engineer and Police upon conditions.

9. Plant and Equipment:

9.1 The contractor shall have sufficient plant, equipment and labour and shall work such
hours and shifts as may be necessary to maintain the progress on the work as per the
approval progress schedule. The working and shifts hours shall comply with the
Govt. Regulations in force.

9.2 It is to expressly and clearly understood that contractor shall make his own
arrangements to equip himself with all machinery and special tools and plant for the
speedy and proper execution of the work and the department does not undertake
responsibility towards their supply.

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9.3 The department shall supply such of the machinery that may be available on hire
basis but their supply cannot be demanded as matter of right and no delay in progress
can be attributed to such non-supply of the plant by the department and the
department cannot be made liable for any damage to the contractor. The Contractor
shall be responsible for safe custody of the departmental machinery supplied to him
(which will be delivered to contractor at the machinery yard at site of work) and he
has to make good all damages and losses if any other than fire, wear and tear to bring
it to the conditions that existed at the time of issue to the contractor before handing
over the same to the department. The hire charges for the machinery handed over to
the contractor will be recovered at the rate prevalent at the time of supply. The
contractor will have to execute supplemental agreement with Municipal
Commissioner at the time of supply of the machinery.

9.4 The acceptance of departmental machinery on hire is optional to the contractor.

10. Steel forms:

Steel forms should be used for all items involving and use of centering and shuttering
shall be single plane without any dents and undulations.

11. Inconvenience to public:

The contractor shall not deposit materials at any site, which will cause inconvenience
to public. The Engineer-in-Charge may direct the contractor to remove such
materials or may undertake the job at the cost of the contractor.

12. Conflict of interest:

Any bribe, commission, gift or advantage given, promised or offered by on behalf of
contractor or his partner, agent or servant or any one on his behalf to any officer,
servant, representatives, agents of Engineer-in-Charge, or any persons on their behalf,
in relation to the obtaining or to execution of this, or any other contract with
Engineer-in-Charge shall in addition to any criminal liability, which it may occur,
subject to the cancellation of this or all other contracts and also to payment of any
loss or damage resulting from any such cancellation. Engineer-in-Charge shall then
be entitled to deduct the amount, so payable from any money, otherwise due to the
contractor under this or any other contract.
13. Contract documents and materials to be treated as confidential:
All documents, correspondences, decisions and orders, concerning the contract shall
be considered as confidential and/or restricted in nature by the contractor and he shall
not divulge or allow access to them by any unauthorized person.

14. General obligations of Contractor:

14.1 The contractor shall, subject to the provision of the contract and with due care and
diligence, execute and maintain the works in accordance with specifications and
drawings.

14.2 The contractor shall promptly inform the Department and the Engineer-in-Charge of
any error, omission, fault and any defect in the design of or specifications for the
works which are discovered when reviewing the contract documents or in the process
of execution of the works.

14.3 If Contractor believes that a decision taken by the Engineer-in-Charge was either
outside the authority given to the Engineer-in-Charge by the Contract or that the
decision was wrongly taken, the decision shall be referred to the technical expert
within 14 days of the notification of the Engineer-in-Charge’s decisions.

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14.4 Pending finalization of disputes, the contractor shall proceed with execution of work
with all due diligence.

15. Security measures:

a) Security requirements for the work shall be in accordance with the Government’s
general requirements including provisions of this clause and the Contractor shall
conform to such requirements and shall be held responsible for the actions of all his
staff, employees and the staff and employees of his sub-contractors.

b) All contractors’ employees, representatives and sub-contractor’s employees shall

wear identifications badges provided by the contractor. Badges shall identify the
contractor, showing and employee’s number and shall be worn at all times while at
the site. Individual labour will not be required to wear identification badges.

c) All vehicles used by the contractor shall be clearly marked with contractor’s name.

d) The contractor shall be responsible for the security of the works for the duration of
the contract and shall provide and maintain continuously adequate security personnel
to fulfill these obligations. The requirements of security measures shall include, but
not limited to maintenance of order on the site, provision of all lighting, fencing,
guard flagmen and all other measures necessary for the protection of the works within
the colonies, camps and elsewhere on the site, all materials delivered to the site, all
persons employed in connection with the works continuously throughout working and
non working period including nights, Sundays and holidays for duration of the
contract.

e) Other contractors working on the site concurrently with the contractor will provide
security for their own plant and materials. However, their security provisions shall in
no way relieve the contractor of his responsibilities in this respect

f) Separate payment will not be made for provision of security services.

16. Fire fighting measures:
a) The contractor shall provide and maintain adequate fire fighting equipment and take
adequate fire precaution measures for the safety of all personnel and temporary and
permanent works and shall take action to prevent damage to destruction by fire of
trees shrubs and grasses.
b) Separate payment will not be made for the provision of fire prevention measures.

17. Sanitation:
The contractor shall implement the sanitary and watch and ward rules and regulations
for all forces employed under this contract and if the Contractor fails to enforce these
rules, the Engineer-in-Charge may enforce them at the expenses of the Contractor.

18. Training of personnel:

The contractor, shall, if and as directed by the Engineer-in-Charge provide free of any
charge adequate facilities, for vocational training of Government Officers, students,
Engineers, supervisors, foremen, skilled workmen etc. not exceeding six in number at
any one time on the contractor’s work. Their salaries, allowances etc. will be borne
by the Government and the training schemes will be drawn up by the Engineer-in-
Charge in consultation with the contractor.

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19. Ecological balance:
a) The contractor shall maintain ecological balance by preventing de-forestation, water
pollution and defacing of natural landscape. The contractor shall so conduct his
construction operation as to prevent any unnecessary destruction, scarring, or
defacing of the natural surrounding in the vicinity of the work. In respect of the
ecological balance, Contractor shall observe the following instructions.
i) Where unnecessary destruction, scarring, damage or defacing may occur, as
result of the operation, the same shall be repaired replanted or otherwise
corrected at the contractor’s expense. The contractor shall adopt precautions
when using explosives, which will prevent scattering of rocks or other debris
outside the work area. All work area including borrow areas shall be
smoothened and graded in a manner to conform to the natural appearances of
the landscape as directed by the Engineer-in-Charge.

ii) All trees and shrubbery which are not specifically required to be cleared or
removed for construction purposes shall be preserved and shall be protected
from any damage that may be caused by the contractor’s construction
operation and equipment. The removal of trees and shrubs will be permitted
only after prior approval by the Engineer-in-Charge. Special care shall be
exercised where trees or shrubs are exposed to injuries by construction
equipment, blasting, excavating, dumping, chemical damage or other
operation and the contractor shall adequately protect such trees by use of
protective barriers or other methods approval by the Engineer-in-Charge.
Trees shall not be used for anchorages. The contractor shall be responsible
for injuries to trees and shrubs caused by his operations. The term “injury”
shall include, without limitation bruising, scarring, tearing and breaking of
roots, trunks or branches. All injured trees and shrubs be restored as nearly
as practicable without delay to their original condition at the contractor’s
expense.
(iii) The contractor’s construction activities shall be performed by methods that
will present entrance or accidental spillage of solid matter contaminants,
debris and other objectionable pollutants and wastage into river. Such
pollutant and waste include earth and earth products, garbage, cement
concrete, sewage effluent, industrial wastes, radio-active substances,
mercury, oil and other petroleum products, aggregate processing, mineral
salts and thermal pollution. Pollutants and wastes shall be disposed off in a
manner and at sites approved by the Engineer-in-Charge.
(iv) In conduct of construction activities and operation of equipments the
contractor shall utilise such practicable methods and devices as are
reasonably available to control, prevent and otherwise minimise the air
pollution. The excessive omission of dust in to the atmosphere will not be
permitted during the manufacture, handling and storage of concrete
aggregates and the contractor shall use such methods and equipment as a
necessary for collection and disposal or prevention of dust during these
operation. The contractor’s methods of storing and handling cement shall
also include means of eliminating atmospheric discharges of dust, equipment
and vehicles that give objectionable omission of exhaust gases shall not be
operated. Burning of materials resulting from clearing of trees, bushes,
combustible construction materials and rubbish may be permitted only when
atmospheric conditions for burning are considered favourable.
b) Separate payment will not be made for complying with the provisions of this clause
and all cost shall be deemed to have been included in the unit rates and prices
included in the contract if any provision is not complied with within a reasonable
time even after issue of a notice in this respect, the necessary operations would be

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 carried out by the Engineer-in-Charge at the cost of the Contractor, Orders of the
Engineer-in-Charge in this respect would be final and binding on the contractor.

20. Preservation of existing vegetation:

a) The contractor will preserve and protect all existing vegetation such as trees, on or
adjacent to the site which do not unreasonably interfere with the construction as may
be determined by the Engineer-in-Charge. The contractor will be held responsible for
all unauthorised cutting or damage of trees, including damage due to careless
operation of equipment, stockpiling of materials or trecking of grass areas by
equipment. Care shall be taken by the Contractor in felling tress authorised for
removal to avoid any unnecessary damages to vegetation and tress that are to remain
in place and to structures under construction or in existence and to workmen.

b) All the produce from such cutting of trees by the contractor shall remain the property
of Government and shall be properly stacked at site, approved by the Engineer-in-
Charge. No payment whatsoever, shall be made for such cutting and its stacking by
the Contractor. If any produce from such cutting is not handed over to the
Government by the contractor, he shall be charged for the same at the rates to be
decided by the Engineer-in-Charge. The recovery of this amount shall be made in
full from the intermediate bill that follows.

c) The contractor shall also make arrangements of fuel deposits for supply of required
fuel for the labourer to be employed for cooking purpose at his own cost in order to
prevent destruction of vegetation growth in the surrounding area of the work site.

21. Possession prior to completion:

The Engineer-in-charge shall have the right to take possession of or use any
completed part of work or works or any part there of under construction either
temporarily or permanently. Such possession or use shall not be deemed as an
acceptance of any work either completed or not completed in accordance with the
contract with in the interest of Clause 28 of APSS except where expressly otherwise
specified by the Engineer-in-charge.

22. Access to the contractor’s books:

Whenever it is considered necessary by the Engineer-in-Charge to ascertain the actual
cost of execution of any particular extra item of work or supply of the plant or
material on which advance is to be made or of extra items or claims, he shall direct
the contractor to produce the relevant documents such as payrolls, records of
personnel, invoices of materials and any or all data relevant to the item or necessary
to determine its cost etc. and the contractor shall when so required furnish all
information pertaining to the aforesaid items in the mode and manner that may be
specified by the Engineer-in-Charge.

23. Drawing to be kept at site:

One copy of the drawings furnished to the contractor shall be kept by the contractor
on the site and the same shall at all reasonable time be available for inspection and
use by the Engineer-in-Charge and the Engineer-in-Charge’s representative and by
any other persons authorised by the Engineer-in-Charge in writing.

24. B.I.S.[I.S.I.], IRC books and MORTH specifications and APSS to be kept at site:
A complete set of Indian Standard specifications, IRC and MORTH specifications
referred to in “Technical Specifications” and A.P.S.S. shall be kept at site for
reference.

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

26. Variations by way of modification, omissions or additions:

For all modifications, omissions from or additions to the drawings and specifications,
the Executive Engineer will issue revised plans, or written instructions, or both and
no modification, omission or addition shall be made unless so authorised and directed
by the Executive Engineer in writing.

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

Engineer-in-Charge’s Decision:
It shall be accepted as in separable part of the contract that in matters regarding
materials, workmanship, removal of improper work, interpretation of the contract
drawings and contract specification, mode of the procedure and the carrying out o the
work, the decision of the Engineer-in-Charge, which shall be given in writing shall be
binding on the contractor.

27. Care and diversion of river/stream:

The contractor shall submit details regarding the diversion and care of river or stream
during construction of the work along with a separate print-out of the time table
showing earliest and latest start and finish dates of various activities. He should
submit a detailed layout plan with drawings for the diversion and care of river during
construction of work. The above arrangements shall be at contractor’s cost.

28. Income tax:

a) During the currency of the contract deduction of income tax at 2.24% shall be made
from the gross value of each bill of the contract, the contract value of which is in
excess of Rs.10,000/- for deduction of tax at rates lower than 2.24% procedure
stipulated under section 194-C(4) of Income Tax Act, 1961 shall be followed.

b) Income Tax clearance certificate should be furnished before the payment of final bill.

c) The contractor’s staff, personnel and labour will be liable to pay personnel income
taxes in respect of their salaries and wages as are chargeable under the laws and
regulations for the time being in force, and the contractor shall perform such duties in
regard to such deductions thereof as may be imposed on him by such laws and
regulations.

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29. Seigniorage charges:
29.1 Seigniorage charges will be recovered as per rules from the work bills of the contract
or based on the theoretical requirement materials at the following rates.

S. No. Material Seigniorage

1. Sand Rs.50.00 / cum.
2. Metal Rs.75.00 / cum.
3. R.R. stone for masonry. Rs. 75.00 / cum.
4. Revetment stone. Rs. 75.00 / cum.
5. C.R.S. stone. Rs. 75.00 / cum.
6. Gravel / Red earth Rs.30.00/ cum.

29.2 The rates are liable to be revised and amended from time to time by the State
Government, by notification in the ‘Andhra Pradesh Gazettee’. If the revised
seigniorage fee is more than the above mentioned, the recovery from the contractor’s
bills is as per revised rates.

30. ToT (Sales Tax): - deleted

30.1 VAT - Value Added Tax will be recovered from the contract bills at 5.00% of the
value work done

30.2 0.10% of the cost of the work will be deducted from the bills of the Contractor
towards NAC payment to National Academy of Construction in the interest of
construction.

30.3 The contractor should produce a valid Sales Tax Clearance Certificate before the
payment of the final bill, otherwise payment to the contractor will be withheld.

31. Supply of construction materials:

i) The contractor has to make his own arrangements for procurements, supply and use
of construction materials.
ii) All materials so procured should confirm to the relevant specifications indicated in
the bidding documents.
iii) The contractor shall follow all regulations of the Department/Government of India in
respect of import licenses etc., of the procurement of the materials is through imports
and he shall be responsible for the payment of applicable duties and taxes, port
clearances, inland transportation etc.
iv) The contractor shall make his own arrangements for adequate storage of the
materials.

32. Testing and commissioning:

Not withstanding the requirements of clause 43, the contractor shall present his
proposals for any testing or commissioning of any part of the works, at least two
working days beforehand.
No testing shall take place without the following people being present.
a) The Municipal Engineer or his designated representative.
b) Two experienced Engineers selected by the Municipality / Municipal Municipal
Corporation.
c) At least one of the designated observers from the local community.

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 If one or more of these people cannot be present, the test shall be postponed until
such time as they are available.
For commissioning of all or part of the works, the officer responsible for the
operation and maintenance of the service shall also be present.

In addition, Quality control Adviser to Govt of Andhra Pradesh, third party,

representative of DFID and Appraisal Monitoring Committee, APUSP shall inspect
the works and check the quality of works from time to time and also during the
contract period including the defects liability period and order for the rectification of
work(s) at contractor’s expense and / or for recovery of amount(s) due to the
contractor under this contract or other contracts or recovered under Revenue
Recovery Act.

33. Defects Liability period

Defect Liability period shall be 24 months from the date commissioning. Quality
Control Adviser to Govt. of Andhra Pradesh, third party, representative of DFID and
Appraisal Monitoring Unit, APUSP shall inspect the works and check the quality of
works from time to time and also during the defect liability period and order for the
rectification of work(s) at contractor’s expense and / or for recovery of amount(s) due
to the contractor under this contract or other contracts or recovered under Revenue
Recovery Act.

Any defects detected during the defect liability period shall be rectified by the
contractor at his expense with in 3 days from the date of intimation by post / cable /
telex / fax for works other than of water supply and the fact may be intimated to the
Municipality . If the rectification is not done within the time specified, the
Municipality will get the rectification done at its cost and recover the same from his
security deposit. Further, for the failure of the contractor to complete the rectification
of defects notified in the specified time, a penalty at the rate of Rs.500/- (Rupees Five
hundred only) per day of delay to a maximum of 1% of contract amount which will
be recovered from the contractor’s security deposit.

For water supply works, if any burst and or leakage’s are observed during the defect
liability period, they shall be attended along with the required materials by the
contractor at his expense and the work shall be completed within 24 hours. For the
contractor’s failure to complete the rectification / repair work in the specified time,
penalty at the rate of Rs. N.A. (Rupees not applicable) per hour or part there of shall
be recovered from the contractor’s security deposit.

34. Audit by DFID:

The contractor shall keep accurate and systematic accounts and records in respect of
the services provided in such form and details as will clearly identify all relevant
costs in respect of materials, equipment, labour charges, supervision charges, hire
charges of equipment, machinery, taxes and duties, insurance charges and Bank
commission charges for Bank guarantees etc.

DFID or its representatives or auditors shall, on giving reasonable notice to the

contractor, have the right at any time to “Visit the contractors” offices to audit the
Accounts and Records and to require the contractor to produce such oral or written
explanation of the Accounts and Records as it considers necesssar5y.

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The contractor shall make available to the persons carrying out an audit under this
clause, all Accounts and Records held by the Contractor, or otherwise within the
control of the Contractor, whether held on computer or in document or any other
form, and make such copies of the Accounts and Records as these persons may
reasonable require and shall give them the necessary facilities for verifying the
accuracy of the Accounts and Records made available.
The contractor shall ensure the sub-contract entered into pursuant to this contract
shall contain provisions identical to those set out in this clause, and that any sub-
contractor to the contractors complies with such provision.
In the event that the result of an audit undertaken pursuant to this clause, demonstrate
that the contractor has claimed any sums in excess of their entitlement under the
terms of this Contract, the contractor shall within 28 days of a written demand by
DFID, reimburse DFID in full in respect of any such over payment.

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 TECHNICAL SPECIFICATIONS
[TO BE INCORPORATED AS PER REQUIREMENT OF THE WORK PUT TO TENDER
DULY QUOTING THE RELEVANT SPECIFICATION NUMBER OF APSS. BSI Code No. ,
MOST, etc. STANDARD SPECIFICATION NO.]

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