Assam Schedule LVI (Part I), Form No.8 Public Works Department Assam Division Sub-Division [FormF-2] Item Rate Tender and Contract for works GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS. 1. All work proposed for execution by contract will be notified in a form of invitation to tender posted on a board hung up in the Office of and signed by the Sub divisional Officer / Executive Engineer. The form will state the work to be carried out, the date for submitting and opening tenders, the time allowed for carrying out the work, the amount of earnest money to be deposited with the tender, the amount of the security deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted from bills. Copies of the specifications, designs and drawings and any other documents required in connection with the work, signed (with the exception of the current Assam General Specifications which although binding on the contractor need not be signed) for the purpose of indentifcation by the Sub divisional Officer / Executive Engineer shall also be opened for inspection by the Contractor at the office of the Sub divisional Officer / Executive Engineer during office hours. - 2. In the event of the tender being submitted by a firm, it must be signed separately by each member thereof, or, in the event of the absence of any partner, it must be signed on hie behalf by a person holding a power-of-attorney authorising him to do so. 3. Receipts for payments made on account of a work, when executed by a firm, must also be signed by the several partners, except where the contractors are described in their tender as a firm, in which case the receipts must be signed in the name of the firm by one of the partners, or by some other person having authority to give effectual receipts for the firm. 4. Any person who submits a tender shall fill up the usual printed form stating at what rates he is willing to undertake each item of the work. Tenders which propose any alteration in the work specified in the said form of invitation to tender, or in the time allowed for carrying out the work, or which contain any other conditions of any sort, will he liable to rejection. No single tender shall include more than one work but contractors who wish to tender for two or more works shall submit a separate tender for each. Tenders shall have the name and ‘umber of the work to which they refer written outside the envelope. 5, The Executive Engineer or his duly authorised assistant will open tenders in the presence of any intending contractors who may be present at the time, and will initial and (date the tenders. In the event of a tender being accepted, a receipt for the eamest money forwarded therewith shall thereupon be given to the contractor who shall thereupon for the purpose of identification sign copies of the specifications and other documents as mentioned in Rule 1. In the event of a tender being rejected. the eamest money forwarded with such unaccepted tender shall thereupon be retumed to the contractor making the same 6. The Executive Engineer shall have the right of rejecting all or any of the tenders without assigning any reasons. 7. The receipt of an accountant or clerk for any money paid by the contractor will not be considered as any acknowledgment of payment to the Sub divisional Officer/Executive Engineer and the contractor shall be responsible for seeing that he procures a receipt signed by the Sub- divisional Officer/Executive Engineer. 8. The memorandum of work tendered for and the memorandum of materials to be supplied by the Public Works Department and their issue rates, shall be filled in and completed in the office of the Sub divisional Officer/Executive Engineer before the tender form is issued. If a form is issued to an intending tenderer without having been so filled in and completed he shall request the office to have this done before he completes and delivers his tender.@ ‘TENDER FOR WORKS. We hereby tender for the execution for the Provincial Government of the work specified in the ‘underwritten memorandum within the time specified in such memorandum at the rates specified therein, ‘and in accordance in allrespects with the true intent and meaning ofthe specification, designs, drawings, and insturctions in writing referred to in Rule | therof and in clause I! of the annexed conditions, and with such materials as are provided for by, and in ll other respects in accordance with, such conditions ‘so far as applicable. wont onload MEMORANDUM Tey" mou be cemueg int ‘oopara (8) General description orang to Be 2 (b) Estimated cost, Rs. Soe oe sguimmymmc _(c) Eamest money Rs. Yxowourg wre (d) Security deposit (including eamest money), Rs. munmes ote ne Smut wuer see (2) Percentage, if any, to be deducted from bls Rs, meccnmetae (Rtpews ) percent. (Time allowed forthe work from date of written order to commencement. Rate Tendered ten teat wrk unit | Per figures Inword Rs. | P. Note — To be continued on additional sheet as found necessary.@) ‘Should this tender be accepted, 1/We hereby agree to abide by and fuffilall the terms and provisions. of the said conditions of contracts annexed hereto so far as applicable, or in default thereof to forfeit and pay to the Provincial Government the sums of money mentioned in the said conditions. The sum of Rs. ‘is herewith forwarded in currency notes @ earnest money or has been deposited in the Treasury as earnest money and a duplicate copy ofthe challan is herewith forwarded. (2) The full value of the earnest money should be absolutely forfeited to the Provincial Government, should We not deposit the future sum required to make up the full amount of security deposit specified in the above memorandum, in accordance with clause 1 (a) ofthe said conditions of contract: otherwise the said sum of Rs... .. Shall be retained by the Provincial Government as part of such security deposit as aforesaid. (0) The full value ofthe eamest money shall be retained by the Provincial Government on account of the security deposit specified in clause 1(b) of the said conditions of contract. Dated the. day of .. 20. Witness Address ‘Occupation ‘The above tender is hereby accepted by me on behaif of the Governor of Assam. «BY Of arenes a 20. Dated the.... Executive Engineer Division “Give particulars ‘and numbers ‘Strike out (a) if no cash security deposit is to be taken, ‘Strke out (0) if any cash securty doposit is to be taken, “Signature of contractor before submission of ton- er, + Signature of witness to contra: ‘tors signature Signature ofthe officer by whom acceptedSecurity de- post * This wit be the same percent: ‘age as that in the tender at (e. * The amountot thts percentage {not exceeding 10 per cent) will be fred in every case to sult require ments. og. fit {xed at 8 per cant ‘and the security deposit only ‘amounts to § per- ‘cent of the esti- ‘mated cost of the ‘works, then 3 pet ‘ent should be de ‘ucted fom every payment. if the percentage is fixed at 10 per cent then 4 par- ‘cont shouldbe do- ucted, and s0.0n. Compensation for delay ‘Action when 50 er cant oF more of securty deposit 1s foto, @ CONDITIONS OF CONTRACT Clause 1.—The person/persons whose tender may he accepted (hereinafter called the contractor) shall (A) [(within one day for a contract of Rs. 1,000) or less, two days for one of Rs. 2,000 or less and so (on, upto alimitof ten days ofthe receipt by him of the notification of the acceptance of his tender) deposit with the Subdivisional Officer/Executive Engineer in Government securities endorsed to him or depositin cash in the nearest Government Treasury forwarding the duplicate of the challan to the Subdivisional Officer/Executive Engineer a sum sufficient, wth the amount ofthe earnest money already deposited to ‘make up the full security deposit specified in the tender}: or (B) [permit the Provincial Government at the time of making any payment for work done under the contract to deduct such sum as wil wth the earnest money already deposited) amount to * per centof all moneys so payable, such deductions to be held by the Provincial Government, free of interest, by way of security deposit. J Provided always thatin the event ofthe contractor depositing a lump ‘sum or equivalent securities as contemplated at (A) above, then and in such case, ifthe sum so deposited or the vaiue of the securities at any time shall not amount to * per cent of the total estimated cost of the ‘wort, it shall be lawful forthe Privincial Government at the time of making any payment to the contractor for work done under the contract to make up the full percentage of per cent by deducting and retaining, free of interest, a sufficient sum for every such payment as last aforesaid. All compensation or other sums, of money payable by the contractor to the Provincial Government under the terms of his contract may be ‘deducted from, or paid by the sale of a sufficient part of his security depositor from the interest arising therefrom, or from any sums which may be due or may become due to the contractor by the Provincial ‘Goverment on any account whatsoever, and in the event of his security deposit being reduced by reason of any such deduction or sale as aforesaid, the contractor shall within ten days thereafter make good in cash or Government securities endorsed as aforesaid any sum or sums which may have been deducted from, or raised by sale of his security deposit or any part thereof ‘Clause 2.—The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is. given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with, ‘with all due deligence (time being deemed to be of the essence of the contract on the part of contractor) and the contractor shal pay as compensation an amount equal to one percent or such smaller amount as the Chief Engineer/Executive Engineer (whose decision in writing shail be final) may decide on the amount of the estimated cost of the whole work as shown by the tender for everyday that the work remains ‘uncommenced or unfinished, after the proper dates. And further, to ensure good progress during the ‘execution of the work, the contractor shall be bound, in all cases in which the tune allowed for any work. exceeds one month, to complete one-fourth of the whole of the work before one- fourth of the whole time. allowed under the contract has elapse, one-half ofthe work before one-naif of such time has elapsed, and three-fourth of the work, before three-fourths of such ime has elapsed. such est mation of the amount of ‘work done at any period being made by the Executive EngineeriChief the amount of work done at any period being made by the Executive Engineer/Chief Engineer whose decision shallbe final In the event of the contractor failing to comply with this conition he shail he liable to pay as compensation an amount ‘equal o one per cent or such smaller amount as the Chsef Engineer/Executive Engineer (whose decision in writing shall be final and conclusive) may decid on the said estimated cost of the whole work for every day that the due quantity of work remains incomplete. Provided always that the entire amount ot ‘compensation to be paid under the provisions of this clause shall not exceed 10 per centon the estimated Cost of the work as shown in the tender. Clause 3.—in any case in which under any clause or clauses of this contract, the contractor shall have rendered himself liable to pay compensation amounting to fifty per cent or more of his security ‘deposit (whether paid in one sum or deducted by instalments) the Executive Engineer of behalf of the Provincial Government shall have power to adopt any of the following courses, as he may deem best ‘Suited tothe interest of the Provincial Government: {@) Torescind the contract, as to which rescission notice in writing to the contractor under the hand of the Executive Engineer shall be final and conclusive, and in which case the security deposit of the contractor shall stand forfeited, and be absolutely at the disposal of the Provincial Government. (©) To employ labour paid by the Public Works Department and to supply materials to carry out the work or any part of the work, debiting the contractor with the cost ofthe labour and the price of the materials pius twenty-four per cent on the total ofthe aforesaid cost and price. to cover the cost of ‘supervision (as to the amount of which cost and price of certificate of the Executive Engineer shall be final and conclusive) and crediting him with the value of the work done, in ali respects in the ‘same manner and at the same rates as fit had been carried out by the contractor under the terms cf his contract, and the certificate of the Executive Engineer as to the value of the work done shall be final and conclusive. (¢) To measure up the work of the contractor and to take such a part thereof as shall be unexecuted ‘out of his hands, and to give it to another contractor to complete, in which case any expenses which may be incurred in excess of the sums which would have been paid to the original contractor if the whole work had been executed by him as to the amount of which excess the certificate in ting of the Executive Engineer shall be final and conclusive) shall be bome and paid by the original6) Contractor and may deducted from any money due to him by the Provincial Government under the contract or otherwise, or from his security deposit or the proceeds of sale thereof, or a sufficient part thereof. In the event of any of above courses being adopted by Executive Engineer, the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or Procured any materials or entered into any engagements, or made any advances on account of, or with ‘a view to the execution of the work or the performance of contract. And in case the contract shall be rescinded under the provision aforesaid, the contractor shall not be entitled to recover or be paid any ‘sum for any work therefore actually performed under this contract, unless and until the Subdivisional Officer/Executive Engineer shall have certified in wrting the performance of such work and the value payable in respect thereof, and he shall only be entitled to be paid the value so certified. Clause 4.— In any case in which any of the powers conferred upon the Executive Engineer by clause 3 hereof shall have become exercisable and the same shall not be exercised, the non-exercise thereof shall net constitute a waiver of any of the concitions hereof and such powers shall notwithstanding bbe exercisable in the event of any future case of default by the contractor for which under any clause or clauses hereof he is lable to pay compensation which with any compensation remaining unrealised ‘amounts to ffly per cent or more of his security deposit. In the event of the Executive Engineer putting in force either of the power (a) or (c) vested in him under the preceding clause he may, if he so desire, take possession of all or any tools, plant, materials and store in or upon the works or the site thereof or belonging to the contractor. or procured by him and intended to be used for the execution of the work or any par thereof paying or allowing for the same in account atthe contract rates or in case of these not being applicable, at current market rates to be certified by the Executive Engineer whose certificate thereof shall be final and conclusive; otherwise the Executive Engineer may by notice in writing to the contractor or his Clerk of Works, Foremian or other authorised agent require him to remove such tools, plant, materials or stores from the premises within atime to be specified in such notice and in event of the contractor faling to comply with any such requisition, the Executive Engineer may remove them at the contractor's expense or self them by auction or private sale on account of the contractor and at his ‘iskin all respects, and the certificate of the Executive Engineer as to the expense of any such removals, and the amount of the proceeds and expense of any such sale shall be final and conclusive. Clause 5— the contractor shall desire an extension of the time for completion of the work on the ‘ground of his having been unavoidable hindered in its execution or on any other grounds he shall apply in writing to the Executive Engineer within 30 days of the date of hindrance or date ofthe occurrence or ‘commencement of the aforesaid other grounds on account of which he desires such extension as aforesaid and the Executive Engineer shall, fin his opinion (which shall be final and conclusive) reasonable grounds be shown therefor. authorise such extension of te, ifany as may, in his opinion, be necessary ‘or proper. ‘Clause 6.—The contractor shall give the Subdivisional Officer/Executive Engineer notice in writing when the work is completed arid on receipt of such notice, the Subdivisional Officer, of his subordinate shall inspect the work and if completed make an entry in the measurement book to this effect. The ‘contractor shall then be furnished with a certificate by the Subdivisional Officer / Executive Engineer (hereinafter called the Engineer-in-charge J of such completion but no such certificate shall be given nor shall the work be considered to be complete unti the contractor shall rave removed from the premises, (on which the work shall be executed all scaffolding, surplus materials and rubbish, and shall have Cleaned off all dirt from all wood-work doors, windows walls, floors, or other parts of any structures in, Upon. or about which the work has been executed or of which he may have had possession for purpose Of the execution therefor. Ifthe contractor shall failto comply withthe requirements ofthis clause as to removal of scaffolding, surplus materials and rubbish, and cleaning off dir on or before the date fixed for the completion ofthe work, the Engineer-in-charge may atthe exepense of the contractor remove such ‘scaffolding surplus materials and rubbish, and dispose of the same as he thinks fit and clean off such dirt as aforesaid and the contractor shall forthwith, pay the amount of all expense so incurred plus twenty-four percent, supervision charges, and shall have no claim in respect of any such scatfolding or surplus materials as aforesaid except for any sum actually realised by the sale thereof. Clause 7.—No payment shall be made for works estimated to cost less than rupees one thousand, till afer the whole of the works shall have been completed and a certificate completion given. Buti the. case of works estimated to cost more than rupees one thousand, The contractor shall on submitting the bill therefor be entitled to receive a monthly payment proportionate ofthe part thereof then approved and passed by the engineer-in-charge, whose certificate of such approval and passing ofthe sum so payable shall be final and conclusive against the contractor But all such intermediate payments shall be regarded ‘as payments by way of advance against the final payment only and not as payment for work actually done and completed and shall not preclude requiring of bad unsound and imperfect or unskilful work to bbe removed and taken away and reconstructed or re-erected,, or be considered as an admission ofthe due performance of the contract, or any part thereof in any respect or the accruing of any claim nor shall itconclude, determine, or affect in any way the powers ofthe engineer-in-charge under these conditions (or any of them as to the final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. Contractor Powers to tke possession of of equiv removal of ‘oF self contractor's plant Extension of tie. Final oertficateBile to be submited month. ‘Stores supplied by the Provincial Govemment, Bis tobe on Printed form, Works to be ecuted in accardances with specificat-ions ravings order ete Alterations in ‘specifications a apsigne Exloasion of time in consequence of aleratns Rates for works nat in entimate of schedule of rates of the dist, (6) Clause 8—A bill shall be submitted by the contractor each month on or before the date if any fixed by the Engineer-in-charge for all work executed in the previous month and the Engineer-in-charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified, and the claim, as far as admissible adjusted, if possible. before the expiry of ten days from the presentation of the bill ifthe contractor does not submit the bill within the time fixed as aforesaid, Engineer-in-charge may depute a subordinate to measure up the said work in the presence of the contractor. or his duly accredited agent, whose countersignature to the measurement book will be sufficient warrant, and the Engineer-in-charge may prepare of cause to be prepared abill om such book which shall be binding on the contractor in alrespects. Should the contractor dispute the accuracy of any measurement taken for the purposes of any intermediate of final bil or of the completion certificate he must intimate the fact, in writing, tothe Engineer-in-charge within forty-eight hours of the measurement being taken and the office ofthe Engineer-in-charge. Should the contractor fail to intimate his non-acceptance of the measurements. within forty-eight hour of the measurements having been taken, in the manner described above no claim will subsequently be entertained regarding the accuracy of the measurements, classification of the work, rates or in any matter connected with the measurements. If non-acceptance is intimated within the period herein prescribed, the decision of the Engineer-in-charge on the dispute shall be final and conclusive, Clause 8— The contractor shall submit all ills on the printed forms to be had on application at the office of the engineer-in-charge and the charges in the bills shall aways be entered at the rates specified inthe tender or in the case of any extra work ordered in pursuance of the conditions, and not mentioned oF provided for in the tender, at the rates hereinatter provided for such work. Clause 10— Ifthe specification or estimate ofthe work provides for the use of any special description of materials to be supplied from the Engineer-in-charge's store, or if itis required that the contractor shall use certain stores to be-provided by the Engineer-in-charge. (such material and stores and the prices to be charged thereof as hereinafter mentioned being so far as practicable for the convenience of the contractor, but not so as in any way to control the meaning of effect ofthis contract, specified in the schedule or memorandum hereto annexed), the contractor shall be supplied with such materials and stores as required from time totime to be used by him for the purposes of the contract only and the value of the full quantity of materials and stores so supplied at the rates specified in the said schedule or ‘memorandum may be set off or deducted from any sum then due, or thereafter to become due to the ‘contractor under the contractor otherwise, or against or form the security deposit, or the proceeds of sale thereof, if the same is held in Government securtes, the same or a sufficient portion thereof being in this case sold for the purpose All materials supplied to the contractor shall remain the absolutes. property of the Provincial Goverment, and shall not on any account be removed from the site of the work, and shall at all times be open to inspection by the Engineer-in-charge but all such materials shall be in the custody ofthe contractor who shall be responsible for any lose, damage or deterioration due to theft, fire, storm, flood, earthquake or any other cause of any nature whatsoever. Any such materials unused and in perfectly gaod condition atthe time of the completion or determination of the contract shall be returned to the Engineer-in-charge store, if by a notice in writing under his hand he shall so require; but the contractor shall not be entitied to return any such materials unless with such consent, ‘and shall have no claim or compensation on account of any such materials so supplied to him as ‘aforesaid being unused by him, or for any wastage in or damage to any such materials. Clause 11— The contractor shall execute the whole and every part ofthe work in the most substantial ‘and workmanlike manner, and borth as regards materials and otherwise in every respectin strict accordance with the true intent and meaning of the drawings and specifications. The contractor stall also conform exactly, fully and faithfully to the true intent and meaning of the designs, drawings and instructions in ‘writing relating to the work signed by the Engineer-in-charge and lodged in his office, and to which the ‘contractor shall entitled to have access at such office or on the site of work forthe purpose of inspections during office hours and the contractor shall ihe so require, be entitled at his own expense to make or ‘cause to be made copies of the specification, and of all such designs, drawings and instructions as aforesaid. Clause 12— The Engineer-in-charge shall have power to make any alterations in, or adcitions to, the original specification, drawings, designs and instructions that may appear for him to be necessary or advisable during progress of the work, and the contractor shal be bound o carry out the work in accordance with any instructions which given to him in writing and signed by the Engineer-in-charge, and such alteration shall not invalidate the contract; and any additional work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respects on which he agreed to do the main work and at the same rates as are ‘specified in the tender for the main work. The time for the completion of the work shall be extended in the proportion that the additional work bears to the original contract work, and the certificate ofthe Engineer- in-charge shall be final and conclusive as to such proportion. And ifthe addtional work include any class Cf work, for which no rate is provided in this contract, then such last of work shail be carried out at the races entered in the schedule of the district and if such last mentioned class of work is notm7 entered in the schedule of the district, then the contractor shall within seven days of the date of his receipt the order to carry out the work inform the Engineer-in-charge of the rate which itis his intention to charge for such class of work, and in the Engineer-in-charge does not agree to this rate he shall ‘notice in by writing, be all iberty to cancel his order to carry out such class of work, and arrange to cary it out in such manner as he may consider advisable : provided always that it the contractor shall ‘commence work or incur any expenditure in regard thereto before the rates shall have been determined as lastly herein before mentioned, then and in such case he shall only be entitled to be paid in respect ‘of the work carried out or expenditure incurred by him prior to the date of the determination of the rate as ‘aforesaid according to such rate or rates as shall be fixed by the Engineer-in-charge. In the event of a dispute, the decision of the Chief Engineer ofthe province willbe final and conclusive, ‘Clause 13.—If the contractor considers any work demanded of him to be outside the requirements cofthe contractor considers any record or ruling of the Engineer-in-charge to be unfair, he shallimmediately lupon such work being demanded or such record or ruling being made, ask for written instructions or decisions, and within ten (10) days after the date of receipt ofthe written instructions or decisions, he shall file @ wntten protest with the Engineer-in-charge, stating clearly and in detail the basis of his ‘objections. Except for such protests or objections as are made in the manner herein specified and within the time limit stated, the records, ruling, instructions or decisions of the Engineerin-charge shall he final and conciusive. Clause 14.—Ifat any time after the commencement of the work the Provincial Government shall for any reason whatsoever not require the whole thereof as specified in the tender to be carried out, the Engineer-in-charge shall ive notice in wnting ofthe fact to the contractor who shall have no claim to any payment or compensation whatsoever on account of any proft or advantage, which he might have derived from the execution of the work in ful, but which he did not derive in consequence of the full ‘amount ofthe work not having been carried out neither shall he have any claim for compensation by reason of any alterations having been made in the original specifications, drawings. designs and instructions which shall involve any curtailment of the work as originally contemplated; Clause 15.—ifit shal appear to the Engineer-n-charge or his subordinate in charge of the work, that any work has been executed with unsound, imperfect, or unskillful workmanship, or with materials of any inferior description, or that any materiais or articles provided by him for the execution of the work ‘are unsound, or of a quality inferior to that contracted for or otherwise not in accordance with the ‘contract, the contractor shall on demand in writing from the Engineer-in-charge specifying the work, materials or articles complained of notwithstanding that the same may have been in advertently passed. certified and paid for, forthwith rectify, or remove and reconstruct the work so specified in whole or in part as the case may require, or as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own proper charge and cost, and in the event of his failing to do so within a period to be specified by the Engineer-in-charge to his demand aforesaid, then the contractor shall be liable to pay compensation at the rate of one per cent. on the ‘amount of the contract for every day not exceeding ten days, while his failure to do so shall continue ‘and in the case of the contractor's continued fafure over and above the ten days specified above, the Engineer-in-charge may rectify or remove, and re-execute the work or remove and replace with others, the materials or articles complained of, as the case may be at the risk and expense in all respects of the contractor and charge the contractor for the workin sub-clause (b) of clause 3 above. Clause 16.—All work under or in course of execution or executed in pursuance of the contract shall at all times be open to the inspection and supervision of the Engineer-in-charge and his subordinates ‘and the contractors shall at all imes during the usual working hours, and at all other times at which reasonable notice ofthe intention of the Engineer-in-charge or his subordinate to visit the works shall have been given to the contractor, either himself be presentto receive orders and instructions, or have responsible agent duly accredited in writing present for that purpose Orders given to the contractor's agent shall be considered to have same force as if they had been given to the contractor himself Clause 17.—The contractor shall give not less than five days’ notice in writing to the Engineer-in- charge or his subordinate in-charge of the work before covering up or otherwise placing beyond the reach of measurement or inspections any workin order that same may be inspected or measured, and ‘correct dimension thereof be taken before the same is so covered up or placed beyond the reach of measuremeentor inspection and shall not cover or place beyond the reach of measurement or inspection, any work without the consent in wnting of the Engineer-in-charge or his subordinate in charge of the work, and if any work shall be covered up or placed beyond the reach of measurement or inspection ‘without such notice having been given or consent obtained in writing the same shall be uncovered at the ‘contractor's expense, or in default thereof no payment or allowance shall be made for such work or the materials with which, the same was executed Clause 18.—f the contractor or his work-people or servants shall break, deface, injure or destroy any part ofa structure, in which they may be working, or any building road fence, enclosure, or grass land or cultivated round contiguous to the premises on which the work or any part of tis being executed or ifany damage shall happen to the work, while in progress, form any cause whatever or any imperfection become apparentin twithin three months after a certificate, final or other, ofits completion shall have been given by the Engineer-in-charge as aforesaid, the contractor shall make the same good at his own expense, or in default, the Engineer-in-charge may cause the same to be made good by other workmen, ‘and deduct the cost (of which the certificate of the Engineer-in-charge shall be final and conclusive) plus. {twenty-four per cent supervision charges from any sums that may be then, or t any time thereafter may become, due to the contractor or from his Security deposits, or the sale thereof, or ofa sufficient portion thereof. Rates for works retin entimate or Schedule of rates of the distict. How contractor fs to protest. No compensa tion for ateration in, or restiction of Work to be carted ou ‘Action and ‘compensation pay- ‘bien case of bad work Works to be ‘pen in inspection Contractor or reaponsible agent tobe present. Notice to be give botore works fe converted up. Contractor able for damage done ‘and for imperfec- tions for 3 months ater carticateContractors to supply plant, landers, scafiold- ing, etc: ‘And able for damages arising from non-provi- son of ight fenc- Ing and notices. Work on Sun- days. Work nt to be suet. Contract may be rescinded and security deposit forteted for sub- lating, being, oF it contractor be- comes insaivent Sum payable by "7 of compen: Sidured as rea. sonable compen: tion without 128 to ace tual loss ‘Changes in con- stitution of fm Works tobe un- der direction of Executive Engi: Decision of the Chie Engineer to be frat ‘Stores of Euro- pean or American manufacturer to be ebtained trom the Provincial ‘Goverment. Action where Definition of works. ®) Clause 19—The contractor shall supply at his own cost all materials (except such special materials, if any, as may in accordance with the contract be supplied from the Engineer-n-charge's stores), plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding and temporary works requisite for proper execution of the work, whether original, altered or substituted; and whether included in the specification or other documents forming part of the contract or referred to in these conditions or not or Which may be necessary for the purpose of satisfying or complying with the requirements of the Engineer- in-charge as to any matter a8 to which under these conditions he is entitled to be satisfied, or which he is entitled to require together with carriage therefore to and from the work. The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works for the accuracy of which he is entiely responsible, and for counting, weighting and assisting in the measurement or examination at any time and from time to time of the work or materials. Failing his 50 doing the same may be provided by the Engineer-in-charge at the expense of the contractor and the expenses may be deducted from any money due to the contractor under the contract, or from his security deposit or the proceeds sale thereof, or of a sufficient portion thereof, The contractor shall also provide all necessary fencing lights and notice required to protect, the public from accident, and shall be bound to bear the expenses of defence of every suit, action or other proceedings at law that may be brought by any person for injury sustained owing to neglect of the above Precautions, and to pay any damages and costs which may be awarded in any such suit, action or proceedings to any such person or which may with the consent of the contractor be paid to compromise any claim by any such person ‘Clause 20.—No female labour shall he employed within the limits of a cantonment and no labourer below the age of twelve years shall be employed on the work Clause 21.—No work shall be done on Sundays without the sanction in writing of the Engineer-in- charge. Clause 22—The contract shall not be assigned sub-let without the written approval of the Executive Engineer. And if the contractor shall assign or sub-let his contract, or attempt so to do. or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt so to do, or it any bribe, gratuity. gif. loan, perquisite, reward or advantage, pecuniary or otherwise, shall either directly or indirectly be given, promised, or offered by the contractor, or any of his servants or agents to any public officer or person in the employ of the Crown in any way retabing to his office or employment, or if any such officer or person shall become in any way directly or indirectly interested in the contract, the Executive Engineer may thereupon by notice in wring rescind the contract, ‘and the security deposit of the contractor shall thereupon stand forfeited and ensure as if he contract hhas been rescinded under clause 3 hereof, and in addition the contractor shall not he entitled to recover (or he paid for any work therefore actually performed under the contract Clause 23.—All sums payable by way of compensation under any of these conditions shall be considered a5 seasonable compensation to be applied to the use of the Provincial Government without reference to the actual lose or damage sustained, and whether or not damage shall have been sustained. Clause 24.—in the case of a tender by partners any change in the constitution ofthe frm shall be forthwith noted by the contractor to the Engineer-in-charge for his information, Clause 25—All works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the Executive Engineer of the Division forthe time being who shall be entitled to direct at what point or points and in what manner they are to be commenced and from time to time carried on. Clause 26.—Except where otherwise specified in the contract the decision of the Chief Engineer of the Province for the time being shall be final, conclusive, and binding on al parties to the contract upon all questions relating to the meaning ofthe specifications, designs, drawings, and instructions hereinbefore mentioned and as to the quality of workmanship, or materials used on the wok. or as to any other question, claim right, matter, or thing what ever, in any way arising out of, or relating to the contract, designs, drawings, specifications, estimates, instruction, orders, or these conditions, or otherwise ‘concerning the works or the execution, or failure to execute the same whether arising during the progress ‘of the work, or after the completion or abandonment thereof Clause 27. —The contractor shall, if so required by the Engineer-in-charge, obtain from the stores of the Engineer-in-chiarge all stores and articles of European or American manufacture, which may be required for the work, or any part thereof or in making up articles, required therefor or in connection therewith. ll such materials, articles or stores from wheresoever obtained or purchased by the contractor must conform in all respects to the current British Standard Specification for the materials or articles in ‘question, The value of such stores and articles as may be supplied to the contractor by the Engineer-in- charge will be debited to the contractor in his accounts at the rates shown in the schedule attached to the contract, and if they are not entered in the schedule they will be debited at cost price which for the purposes of this contract shall include the cost of carriage and. all other expenses whatsoever, which shall have been incurred in obtaining delivery of the same at the stores aforesaid. Clause 28—The contractor shall pay his labourers not less than wages paid for similar work in the neighbourhood. ‘Clause 23.—In the case of any class of work for which there is no such specification as is mentioned {in Rule | such work shall be carried out in accordance which the District specification, and in the event of their being on District specification, then in such case the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer-in-charge, ‘Clause 30.—The expression “works” of ‘work" where used in these conditions shall unless there be ‘something either in the subject or context repugnant to such construction, be construed. and taken to ‘mean the works by or by virtue ofthe contract contracted to be executed whether temporary or permanent, and whether original, altered, substituted or additionalO} SCHEDULE SHOWING (APROXIMATELY) MATERIALS TO BE SUPPLIED FROM PUBLIC WORKS STORES FOR WORK CONTRACTED TO BE EXECUTED AND THE RATES AT WHICH THEY ARE TO BE CHARGED FOR Particulars Rates at which the material will be.charged to the contractor Place of delivery Rs. i ‘Note-The person of firm submitting the tender should see that the rates in the above schedule are filed up by the Hon-in-charge on the issue of the form prior to the submission of the tender. (Signature of Controlier) Signature of ‘Subdivisional Officer Executive Engineer