Tender Document (Part Two) : Nava Raipur Atal Nagar Vikas Pradhikaran

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NRANVP F2/F3

Tender Document (Part Two)

General Condition of Contract


(Percentage/Item Rate Tender)

NAVA RAIPUR ATAL NAGAR VIKAS PRADHIKARAN


Paryavas Bhawan, North Block, Sector- 19, Nava Raipur Atal Nagar,Dist Raipur 492 002,
Chhattisgarh.
Tel No: + 91 771 2512000; Fax No.: +91 771 2512400.
Website: www.navaraipuratalnagar.com , http://eproc.cgstate.gov.in
NRANVP

INDEX
DETAILS PAGE

GENERAL GUIDELINES .............................................................................................................................3


TENDER .......................................................................................................................................................4
GENERAL RULES AND DIRECTIONS .......................................................................................................6
CONDITIONS OF CONTRACT ..................................................................................................................14
CLAUSES OF CONTRACT .......................................................................................................................19
SAFETY CODE ..........................................................................................................................................92
MODEL RULES RELATING TO LABOUR, WATER SUPPLY AND SANITATION IN LABOUR CAMPS
..................................................................................................................................................................101
SKETCH OF CEMENT GODOWN ...........................................................................................................103
CONTRACT FORMS................................................................................................................................104

A. Draft Format for Performance


Security………………………………………………………………105Error! Bookmark not defined.

B. Earnest Money Deposit Form (Bank Guarantee) .........................................................................107

C. Format of Contract Agreement ......................................................................................................109

D. Draft Format for Performance Guarantee for Water Proofing and Anti-termite Works ...........112

E. Indemnity Bond ...............................................................................................................................114

F. Indenture Bond ...............................................................................................................................116

G. Notice for Appointment of Arbitrator ............................................................................................119

PROFORMA OF SCHEDULES(Schedule ’A’ to Schedule ’F’) .............................................................121

GCC NRANVP 2011 Page 2


GENERAL GUIDELINES

1. This book of "General Conditions of Contract" is applicable to both types of


tenders i.e." Percentage rate tenders and Item rate tenders". Accordingly,
alternative provisions for conditions Nos. 4, 10 & 12 of the General Rules and
Directions are given in this book. The appropriate alternatives will be applicable
in specific cases depending on whether this is used for percentage rate tender
(NRANVP-F 2) or item rate tender (NRANVP-F 3).

2. NRANVP-F 1, Schedules A to F, special conditions/specifications and


drawings only will be issued to intending bidders. The standard form will not be
issued along with the Tender Documents but the same shall form part of the
agreement to be drawn and signed by both parties after acceptance of tender.

3. All blanks are confined to Notice Inviting Tender (NRANVP-F1)and Schedules A to


F.

4. The competent authority issuing the Notice Inviting Tenders (NIT) shall fill up all
the blanks in NRANVP -F1and in Schedules B,C,E&F before issue of Tender
Papers.

5. The intending bidders will quote their rates in Schedule A and shall fill up the
declarations/forms provided in Schedule‟D‟.

6. The proforma for registers and Schedules A to F are only for information and
guidance. These are not to be filled in the Standard Form. The Schedules with
all blanks, duly filled, shall be separately issued to all intending tenderers.

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TENDER

I/We have read and examined the notice inviting tender, schedule, A, B, C, D, E & F
Specifications applicable, Drawings & Designs, General Rules and Directions, Conditions
of Contract, clauses of contract, Special conditions, Schedule of Rate & other documents
and Rules referred to in the conditions of contract and all other contents in the tender
document for the work.

I/We hereby tender for the execution of the work specified for the Nava Raipur Atal Nagar
Vikas Pradhikaran within the time specified in Schedule 'F' viz., schedule of quantities and
in accordance in all respect with the specifications, designs, drawing and instructions in
writing referred to in Rule-1 of General Rules and Directions and in Clause 11 of the
Conditions of contract and with such materials as are provided for, by, and in respect of
accordance with, such conditions so far as applicable.

We agree to keep the tender open for ninety (90) days from the due date of its opening /
ninety days from the date of opening of financial bid in case tenders are invited on 2/3
envelop system (strike out as the case may be) and not to make any modification in its
terms and conditions.

A sum of Rs. ………………………..is hereby forwarded in a scheduled bank receipt of


scheduled bank/demand draft of a scheduled bank/bank guarantee issued by a
scheduled bank as earnest money. If I/We, fail to furnish the prescribed performance
guarantee within prescribed period. I/We agree that the said Nava Raipur Atal Nagar
Vikas Pradhikaran or its successors, in office shall without prejudice to any other right or
remedy, be at liberty to forfeit the said earnest money absolutely. Further, if I/We fail to
commence work as specified, I/We agree that Nava Raipur Atal Nagar Vikas
Pradhikaran or its successors in office shall without prejudice to any other right or
remedy available in law, be at liberty to forfeit the said earnest money and the
performance guarantee absolutely, otherwise the said earnest money shall be retained by
him towards security deposit to execute all the works referred to in the tender documents
upon the terms and conditions contained or referred to those in excess of that limit at the
rates to be determined in accordance with the provision contained in Clause 12.2 and
12.3 of the tender form. Further, I/We agree that in case of forfeiture of Earnest Money &
Performance Guarantee as aforesaid. I/We shall be debarred for participation in the re-
tendering process of the work.

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I/We undertake and confirm that eligible similar work(s) has/have not been got executed
through another contractor on back to back basis. Further that, if such a violation
comes to the notice of Department, then I/We shall be debarred for tendering in NRANVP
in future forever. Also, if such a violation comes to the notice of Department before date of
start of work, the Engineer-in-Charge shall be free to forfeit the entire amount of Earnest
Money Deposit/Performance Guarantee.

I/We hereby declare that I/We shall treat the tender documents drawings and other
records connected with the work as secret/confidential documents and shall not
communicate information/derived there from to any person other than a person to whom
I/We am/are authorized to communicate the same or use the information in any manner
prejudicial to the safety of the State.

Dated: Signature of Contractor

Witness: Postal Address

Address:

Occupation:

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Nava Raipur Atal Nagar Vikas Pradhikaran

GENERAL RULES AND DIRECTIONS

General 1. All work proposed for execution by contract will be notified in a form of
Rules and invitation to tender pasted in public places and signed by the officer
Directions
inviting tender or by publication in News papers as the case may be.

This form will state the work to be carried out, as well as the date
for submitting and opening tenders and the time allowed for carrying
out the work, also the amount of earnest money to be deposited with
the tender, and the amount of the security deposit and Performance
guarantee 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 for the purpose of
identification by the officer inviting tender shall also be open for
inspection by the contractor at the office of officer inviting tender
during office hours.

2. In the event of the tender being submitted by a firm, it must be


signed separately by each partner thereof or in the event of the
absence of any partner, it must be signed on his behalf by a person
holding a power-of attorney authorizing him to do so, such power of
attorney to be produced with the tender, and it must disclose that the
firm is duly registered under the Indian Partnership Act, 1952.

3. Receipts for payment made on account of work, when executed by


a firm, must also be signed by all the partners, except where
contractors are described in their tender as a firm, in which case the

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receipts must be signed in the name of the firm by one of the


partners, or by some other person having due authority to give
effectual receipts for the firm.

Applicable 4. Any person who submits a tender shall fill up the usual printed form,
for Item
stating at what rate he is willing to undertake each item of the work.
Rate Tender
only Tenders, which propose any alteration in the work specified in the
(NRANVP-
said form of invitation to tender, or in the time allowed for carrying
F3)
out the work, or which contain any other conditions of any sort,
including conditional rebates, will be summarily rejected. No single
tender shall include more than one work, but contractors who wish
to tender for two or more works shall submit separate tender for
each. Tender shall have the name and number of the works to
which they refer, written on the envelopes.

The rate(s) must be quoted in decimal coinage. Amounts must be


quoted in full rupees by ignoring fifty paisa and considering more
than fifty paisa as rupee one.

Applicable 4A. In case of Percentage Rate Tenders, tenderer shall fill up the usual
For
printed form, stating at what percentage below/above (in figures as
Percentage
Rate Tender well as in words) the total estimated cost given in Schedule of
only
Quantities at Schedule-A, he will be willing to execute the work. The
(NRANVP-
F2) tender submitted shall be treated as invalid if :-

(i) The contractor does not quote percentage above/below on the total
amount of tender or any section/sub head of the tender.

(ii) The percentage above/below is not quoted in figures & words both
on the total amount of tender or any section/sub head of the tender.

(iii) The percentage quoted above/below is different in figures & words


on the total amount of tender or any section/sub head of the tender:

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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
including conditional rebates, will be summarily rejected. No single
tender shall include more than one work, but contractors who wish to
tender for two or more works shall submit separate tender for each.
Tender shall have the name and number of the works to which they
refer, written on the envelopes.

4B. In case the lowest tendered amount (estimated cost + amount


worked on the basis of percentage above/below) of two or more
contractors is same, such lowest contractors will be asked to submit
sealed revised offer in the form of letter mentioning percentage
above/below on estimated cost of tender including all sub
sections/sub heads as the case may be, but the revised
percentage quoted above/below on tendered cost or on each
sub section/sub head should not be higher than the percentage
quoted at the time of submission of tender. The lowest tender shall
be decided on the basis of revised offers.

In case any of such contractor refuses to submit revised offer, then


it shall be treated as withdrawal of his tender before acceptance
and 50% of earnest money shall be forfeited.

If the revised tendered amount of two more contractors received in


revised offer is again found to be equal, the lowest tender,
among such contractors, shall be decided by draw of lots in the
presence of & the lowest contractors those have quoted equal
amount of their tenders.

In case all the lowest contractors those have quoted same


tendered amount, refuse to submit revised offers, then tenders are
to be recalled after forfeiting 50% of EMD of each contractor.

Contractor(s), whose earnest money is forfeited because of

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non-submission of revised offer, shall not be allowed to participate


in the re-tendering process of the work.

5. The officer inviting tender or his duly authorized assistant will open
tenders in the presence of any intending contractors who may be
present at the time, and will enter the amounts of the several
tenders in a comparative statement in a suitable form. In the event of
a tender being accepted, a receipt for the earnest money shall
thereupon be given to the contractor who shall thereupon for the
purpose of identification sign copies of the specifications and
other documents mentioned in Rule-I. In the event of a tender being
rejected, the earnest money shall thereupon be returned to the
contractor remitting the same, without any interest.

6. The officer inviting tenders shall have the right of rejecting all or any
of the tenders and will not be bound to accept the lowest or any other
tender.

7. The receipt of an accountant or clerk for any money paid by the


contractor will not be considered as any acknowledgment or
payment to the officer inviting tender and the contractor shall be
responsible for seeing that he procures a receipt signed by the
officer inviting tender or a duly authorized person.

8. The memorandum of work tendered for and the schedule of


materials to be supplied by the department and their issue-rates,
shall be filled and completed in the office of the officer inviting
tender before the tender form is issued. If a form is issued to an
intending tenderer without having been so filled in and incomplete,
he shall request the officer to have this done before he completes
and delivers his tender.

9. The tenderers shall sign a declaration under the officials Secret Act

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1923, for maintaining secrecy of the tender documents drawings or


other records connected with the work given to them. The
unsuccessful tenderers shall return all the drawings given to them.

9A. Use of correcting fluid, anywhere in tender document is not


permitted. Such tender is liable for rejection.

Applicable 10. In the case of Item Rate Tenders, only rates quoted shall be
for Item considered. Any tender containing percentage below/above the
Rate Tender rates quoted is liable to be rejected. Rates quoted by the contractor
only in item rate tender in figures and words shall be accurately filled in
(NRANVP- so that there is no discrepancy in the rates written in figures and
F3) words. However, if a discrepancy is found, the rates which
correspond with the amount worked out by the contractor shall
unless otherwise proved be taken as correct. If the amount of an
item is not worked out by the contractor or it does not correspond
with the rates written either in figures or in words, then the rates
quoted by the contractor in words shall be taken as correct. Where
the rates quoted by the contractor in figures and in words tally, but
the amount is not worked out correctly, the rates quoted by the
contractor will unless otherwise proved be taken as correct and not
the amount. In event no rate has been quoted for any item(s),
leaving space both in figure(s), word(s), and amount blank, it will be
presumed that the contractor has included the cost of this/these
item(s) in other items and rate for such item(s) will be considered as
zero and work will be required to be executed accordingly.

10A. In case of Percentage Rate Tenders only percentage quoted shall


be considered. Any tender containing item rates is liable to be
rejected. Percentage quoted by the contractor in percentage rate
tender shall be accurately filled in figures and words, so that there is
no discrepancy.

11. In the case of any tender where unit rate of any item/items appear

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unrealistic, such tender will be considered as unbalanced and in


case the tenderer is unable to provide satisfactory explanation,
such a tender is liable to be disqualified and rejected.

Applicable 12. All rates shall be quoted on the tender form. The amount for each
for Item item should be worked out and requisite totals given. Special care
Rate Tender should be taken to write the rates in figures as well as in words and
only the amount in figures only, in such a way that interpolation is not
(NRANVP- possible. The total amount should be written both in figures and in
F3) words. In case of figures, the word „Rs.‟ should be written before the
figure of rupees and word „P‟ after the decimal figures, e.g. „Rs.
2.15 P‟ and in case of words, the word, „Rupees‟ should precede
and the word „Paise‟ should be written at the end. Unless the rate is
in whole rupees and followed by the word „only‟ it should invariably
be upto two decimal places. While quoting the rate in schedule of
quantities, the word „only‟ should be written closely following the
amount and it should not be written in the next line.

Applicable 12A. In Percentage Rate Tender, the tenderer shall quote percentage
for below/above (in figures as well as in words) at which he will be
Percentage willing to execute the work. He shall also work out the total amount
Rate Tender of his offer and the same should be written in figures as well as in
only words in such a way that no interpolation is possible. In case of
(NRANVP – figures, the word „Rs.‟ should be written before the figure of rupees
F2) and word „P‟ after the decimal figures, e.g. „Rs. 2.15P and in case of
words, the word „Rupees‟ should precede and the word „Paisa‟
should be written at the end.

13. The Contractor whose tender is accepted, will be required to


(i) furnish performance guarantee of 5% (Five Percent) of the
tendered amount within the period specified in Schedule F. This
guarantee shall be in the form of cash (in case guarantee amount is
less than Rs. 10,000/-) or Deposit at call receipt of any scheduled
bank/Banker's cheque of any scheduled bank/Demand Draft of any

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scheduled bank/Pay order of any scheduled bank (in case


guarantee amount is less than Rs. 1,00,000/-) or Government
Securities or Fixed Deposit Receipts or Guarantee Bonds of any
Scheduled Bank or the State Bank of India in accordance with the
prescribed form.

(ii) The contractor whose tender is accepted will also be required to


furnish by way of Security Deposit for the fulfillment of his contract,
an amount equal to 5% of the tendered value of the work. The
Security deposit will be collected by deductions from the running bills
of the contractor at the rates mentioned above and the earnest
money deposited at the time of tenders, will be treated as a part of
the Security Deposit. The Security amount will also be accepted in
cash or in the shape of Government Securities. Fixed Deposit
Receipt of a Scheduled Bank or State Bank of India will also be
accepted for this purpose provided confirmatory advice is enclosed.

14. On acceptance of the tender, the name of the accredited


representative(s) of the contractor who would be responsible for
taking instructions from the Engineer-in-Charge shall be
communicated in writing to the Engineer-in-Charge.

15. Sales-tax/VAT (except service tax), purchase tax, turnover tax or any
other tax applicable in respect of this contract shall be payable by
the Contractor and NRANVP will not entertain any claim
whatsoever in respect of the same. However, in respect of service
tax, same shall be paid by the contractor to the concerned
department on demand and it will be reimbursed to him by the
NRANVP after satisfying that it has been actually and genuinely
paid by the contractor.

16. The contractor shall give a list of both NRANVP employees and its
consultants related to him.

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17. The tender for the work shall not be witnessed by a contractor or
contractors who himself/themselves has/have tendered or who may
and has/have tendered for the same work. Failure to observe this
condition would render, tenders of the contractors tendering, as well
as witnessing the tender, liable to summary rejection.

18. The tender for composite work includes, in addition to building work,
all other works such as sanitary and water supply installations
drainage installation, electrical work, horticulture work, roads and
paths etc. The tenderer apart from being a registered contractor
(B&R) of appropriate class, must associate himself with agencies
of appropriate class which are eligible to tender for sanitary and
water supply drainage, electrical and horticulture works in the
composite tender.

19. The contractor shall submit list of works which are in hand
(progress) in the following form:-

Name of Name and particulars of Value Position of Remarks


Work Divn. Where work is of works
being executed Work In Progress

20. The contractor shall comply with the provisions of the


Apprentices Act 1961, and the rules and orders issued there under
from time to time. If he fails to do so, his failure will be a breach of
the contract and the NRANVP may in his discretion, without
prejudice to any other right or remedy available in law, cancel the
contract. The contractor shall also be liable for any pecuniary
liability arising on account of any violation by him of the provisions
of the said Act.

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CONDITIONS OF CONTRACT

Definitions 1. The Contract means the documents forming the tender and
acceptance thereof and the formal check the Contractor, together
with the documents referred to therein including these conditions, the
specifications, designs, drawings and instructions issued from time
to time by the Engineer-in- Charge and all these documents taken
together, shall be deemed to form one contract and shall be
complementary to one another.

2. In the contract, the following expressions shall, unless the context


otherwise requires, have the meanings, hereby respectively assigned
to them:-

(i) The expression works or work 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 of the
contract contracted to be executed whether temporary or permanent,
and whether original, altered, substituted or additional.

(ii) The Site shall mean the land/or other places on, into or through
which work is to be executed under the contract or any adjacent
land, path or street through which work is to be executed under the
contract or any adjacent land, path or street which may be allotted
or used for the purpose of carrying out the contract.

(iii) The Contractor shall mean the individual, firm or company, whether
incorporated or not, undertaking the works and shall include the
legal personal representative of such individual or the persons
composing such firm or company, or the successors of such firm
or company and the permitted assignees of such individual, firm or
company.

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Conditions of Contract NRANVP

(iv) The Engineer in Charge means a person or a consultant appointed


by the Chief Executive Officer for supervising the works and acting
as “Engineer –in-Charge” as defined in the tender document.

(v) Nava Raipur Atal Nagar Vikas Pradhikaran (NRANVP) means the
special area development authority establish by Government of
Chhattisgarh under CG Town & Country planning Act under 1973
(23 of 1973)

(vi) Chief Executive Officer (C.E.O.) means the Chief Executive officer of
NRANVP appointed by Government of Chhattisgarh

(vii) CE(E) means the Chief Engineer, Engineering section of NRANVP.

(viii) Government of India shall mean the Union Government /State


Government shall mean Government of Chhattisgarh.

(vi) Accepting Authority shall mean the authority mentioned in Schedule


'F'.

(vii) Excepted Risk are risks due to riots (other than those on account of
contractor's employees), war (whether declared or not) invasion, act
of foreign enemies, hostilities, civil war, rebellion revolution,
insurrection, military or usurped power, any acts of Government,
damages from aircraft, acts of God, such as earthquake, lightening
and unprecedented floods, and other causes over which the
contractor has no control and accepted as such by the Accepting
Authority or causes solely due to use or occupation by NRANVP of
the part of the works in respect of which a certificate of completion
has been issued or a cause solely due to NRANVP faulty design of
works.

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Conditions of Contract NRANVP

(viii) Schedule (s) referred to in these conditions shall mean the


relevant schedule(s) annexed to the tender papers or the standard
Schedule of Rates of the government mentioned in Schedule 'F'
hereunder, with the amendments thereto issued upto the date of
receipt of the tender.

(ix) District Specifications means the specifications followed by the State


Government in the area where the work is to be executed.

(x) Tendered value means the value of the entire work as stipulated in
the letter of award.

(xi) Date of commencement of work: The date of commencement of work


shall be the date of start as specified in schedule 'F' or the first date
of handing over of the site; whichever is later, in accordance with the
phasing if any, as indicated in the tender document.

Scope and 3. Where the context so requires, words imparting the singular only
Performance also include the plural and vice versa. Any reference to masculine
gender shall whenever required include feminine gender and vice
versa.

4. Headings and Marginal notes to these General Conditions of


Contract shall not be deemed to form part thereof or be taken into
consideration in the interpretation or construction thereof or of the
contract.

5. The contractor shall be furnished, free of cost one certified copy of


the contract documents except standard specifications, Schedule of
Rates and such other printed and published documents, together
with all drawings as may be forming part of the tender papers. None
of these documents shall be used for any purpose other than that of
this contract.

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Conditions of Contract NRANVP

Works to be 6. The work to be carried out under the Contract shall, except as
carried out otherwise provided in these conditions, include all labour, materials,
tools, plants, equipment and transport which may be required in
preparation of and for and in the full and entire execution and
completion of the works. The descriptions given in the Schedule of
Quantities (Schedule-A) shall, unless otherwise stated, be held to
include wastage on materials, carriage and cartage, carrying and
return of empties, hoisting, setting, fitting and fixing in position and all
other labours necessary in and for the full and entire execution and
completion of the work as aforesaid in accordance with good practice
and recognized principles.

Sufficiency of 7. The Contractor shall be deemed to have satisfied himself before


Tender tendering as to the correctness and sufficiency of his tender for the
works and of the rates and prices quoted in the Schedule of
Quantities, which rates and prices shall, except as otherwise
provided, cover all his obligations under the Contract and all matters
and things necessary for the proper completion and maintenance of
the works.

Discrepancies 8. The several documents forming the Contact are to be taken as


and mutually explanatory of one another, detailed drawings being
Adjustment of followed in preference to small scale drawing and figured
Errors dimensions in preference to scale and special conditions in preference
to General Conditions.

8.1 In the case of discrepancy between the schedule of Quantities, the


Specifications and/ or the Drawings, the following order of
preference shall be observed:-

(i) Description of Schedule of Quantities.


(ii) Particular Specification and Special Condition, if any.
(iii) Drawings.
(iv) CPWD, MORTH/CPHEEO Specifications.

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Conditions of Contract NRANVP

(v) Indian Standard Specifications of B.I.S.

8.2 If there are varying or conflicting provisions made in any one


document forming part of the contract, the Accepting Authority shall
be the deciding authority with regard to the intention of the document
and his decision shall be final and binding on the contractor.

8.3 Any error in description, quantity or rate in Schedule of Quantities or


any omission there from shall not vitiate the Contract or release the
Contractor from the execution of the whole or any part of the works
comprised therein according to drawings and specifications or from
any of his obligations under the contract.

Signing of 9. The successful tenderer/contractor, on acceptance of his tender by


Contract the Accepting Authority, shall, within 15 days from the stipulated
date of start of the work, sign the contract on non judicial stamp paper
of value Rs.100 consisting of :-

(i) The notice inviting tender, all the documents including drawings, if
any, forming the tender as issued at the time of invitation of tender
and acceptance thereof together with any correspondence leading
thereto.

(ii) Standard NRANVP Form as mentioned in Schedule 'F' consisting of:

(a) Various standard clauses with corrections up to the date


stipulated in Schedule 'F' along with annexure thereto.
(b) Safety Code.
(c) List of Acts and omissions for which fines can be imposed.

(iii) No payment for the work done will be made unless contract is
signed by the contractor.

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CLAUSES OF CONTRACT

CLAUSE 1

Performance (i) The contractor shall submit an irrevocable Performance Guarantee


Guarantee of 5% (Five percent) of the tendered amount in addition to other
deposits mentioned elsewhere in the contract for his proper
performance of the contract agreement, (not withstanding and/or
without prejudice to any other provisions in the contract) within
period specified in Schedule 'F' from the date of issue of letter of
acceptance. This period can be further extended by the Chief
Executive Officer up to a maximum period as specified in
schedule 'F' on written request of the contractor stating the
reason for delays in procuring the Performance Guarantee, to the
satisfaction of the Chief Executive Officer. This guarantee shall
be in the form of Cash (in case guarantee amount is less than
Rs. 10,000/-) or Demand Draft of any scheduled bank/Pay Order
of any scheduled bank (in case guarantee amount is less than
Rs. 1,00,000/-) or of any Scheduled /Nationalized Bank in
accordance with the form annexed hereto.

(ii) The Performance Guarantee shall be initially valid up to the


stipulated date of completion plus 60 days beyond that. In case
the time for completion of work gets enlarged, the contractor
shall get the validity of Performance Guarantee extended to
cover such enlarged time for completion of work. After recording
of the completion certificate for the work by the competent
authority, the performance guarantee shall be returned to the
contractor, without any interest.

(iii) The Chief Executive Officer shall not make a claim under the
performance guarantee except for amounts to which the Nava
Raipur Atal Nagar Vikas Pradhikaran is entitled under the
contract (not withstanding and/or without prejudice to any other

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provisions in the contract agreement) in the event of:

(a) Failure by the contractor to extend the validity of the


Performance Guarantee as described herein above, in which
event the Chief Executive Officer may claim the full amount
of the Performance Guarantee.

(b) Failure by the contractor to pay Nava Raipur Atal Nagar


Vikas Pradhikaran any amount due, either as agreed by
the contractor or determined under any of the
Clauses/Conditions of the agreement, within 30 days of the
service of notice to this effect by Chief Executive Officer.

(iv) In the event of the contract being determined or rescinded under


provision of any of the Clause/Condition of the agreement, the
performance guarantee shall stand forfeited in full and shall be
absolutely at the disposal of the Chief Executive Officer Nava
Raipur Atal Nagar Vikas Pradhikaran.

CLAUSE 1 A

Recovery of The person/persons whose tender(s) may be accepted (hereinafter


Security called the contractor) shall permit NRANVP at the time of making any
Deposit payment to him for work done under the contract to deduct a sum at the
rate of 5% of the gross amount of each running bill till the sum along with
the sum already deposited as earnest money, will amount to security
deposit of 5% of the tendered value of the work. Earnest money shall be
adjusted first in the security deposit and further recovery of security
deposit shall commence only when the up-to-date amount of security
deposit starts exceeding the earnest money. Such deductions will be
made and held by NRANVP by way of Security Deposit unless he/they
has/have deposited the amount of Security at the rate mentioned above
in cash or in the form of a bank guarantee issued by a Nationalized or
scheduled bank having branch at Raipur in a form approved by
NRANVP.

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All compensations or the other sums of money payable by the contractor


under the terms of this contract may be deducted from, or paid by the
encashment of a sufficient part of his security deposit or from the
interest arising there from, or from any sums which may be due to or
may become due to the contractor by NRANVP on any account
whatsoever and in the event of his Security Deposit being reduced by
reason of any such deductions or encashment as aforesaid, the
contractor shall within 10 days make good in cash or bank guarantee
issued tendered by Scheduled Banks in the prescribed form any sum or
sums which may have been deducted from, or raised by encashment of
Bank Guarantee or any part thereof. The security deposit shall be
collected from the running bills of the contractor at the rates mentioned
above and the Earnest money deposited at the time of tenders will be
treated as part of the Security Deposit.

The security deposit as deducted above can be released against bank


guarantee issued by a scheduled bank, on its accumulations to a
minimum of Rs. 5 lac subject to the condition that amount of such bank
guarantee, except last one, shall not be less than Rs. 5 lac. Provided
further that the validity of bank guarantee including the one given against
the earnest money shall be in conformity with provisions contained in
clause 17 which shall be extended from time to time depending upon
extension of contract granted under provisions of clause 2 and clause 5.

CLAUSE 2

Compensation If the contractor fails to maintain the required progress in terms of clause
for Delay 5 or to complete the work and clear the site on or before the contract or
extended date of completion, he shall, without prejudice to any other
right or remedy available under the law to the NRANVP on account of
such breach, pay as agreed compensation the amount calculated at the
rates stipulated below as the authority specified in schedule 'F' (whose
decision in writing shall be final and binding) may decide on the amount
of tendered value of the work for every completed day/month(as

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applicable) that the progress remains below that specified in Clause 5


or that the work remains incomplete.

This will also apply to items or group of items for which a separate period
of completion has been specified.

(i) Compensation for @ 1.5 % per month of


delay of work delay to be computed on
per day basis

Provided always that the total amount of compensation for delay to be


paid under this Condition shall not exceed 10% of the Tendered Value of
work or of the Tendered Value of the item or group of items of work for
which a separate period of completion is originally given.

The amount of compensation may be adjusted or set-off against any sum


payable to the Contractor under this or any other contract with the
NRANVP. In case, the contractor does not achieve a particular milestone
mentioned in schedule F, or the re-scheduled milestone(s) in terms of
Clause 5.4, the amount shown against that milestone shall be withheld,
to be adjusted against the compensation levied at the final grant of
Extension of Time. With-holding of this amount on failure to achieve a
milestone, shall be automatic without any notice to the contractor.
However, if the contractor catches up with the progress of work on the
subsequent milestone(s), the withheld amount shall be released. In case
the contractor fails to make up for the delay in subsequent milestone(s),
amount mentioned against each milestone missed subsequently also
shall be withheld. However, no interest, whatsoever, shall be payable on
such withheld amount.

CLAUSE 2A

Incentive for In case, the contractor completes the work ahead of scheduled
early completion time, a bonus @1% (one per cent) of the tendered value per
completion month computed on per day basis, shall be payable to the contractor,
subject to a maximum limit of 5% (five per cent) of the tendered value.

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The amount of bonus, if payable, shall be paid along with final bill after
completion of work. Provided always that provision of the Clause 2A
shall be applicable only when so provided in „Schedule F‟

CLAUSE 3

When Contract Subject to other provisions contained in this clause, the Chief Executive
can be Officer may, without prejudice to his any other rights or remedy against
Determined the contractor in respect of any delay, inferior workmanship, any claims
for damages and/or any other provisions of this contract or otherwise,
and whether the date of completion has or has not elapsed, by notice in
writing absolutely determine the contract in any of the following cases:

(i) If the contractor having been given by the Engineer-in-Charge a


notice in writing to rectify, reconstruct or replace any defective
work or that the work is being performed in an inefficient or
otherwise improper or unworkman like manner shall omit to
comply with the requirement of such notice for a period of seven
days thereafter.

(ii) If the contractor has, without reasonable cause, suspended the


progress of the work or has failed to proceed with the work with
due diligence so that in the opinion of the CE (E) NRANVP
(which shall be final and binding) he will be unable to secure
completion of the work by the date for completion and continues
to do so after a notice in writing of seven days from the Chief
Executive Officer.

(iii) If the contractor fails to complete the work within the stipulated
date or items of work with individual date of completion, if any
stipulated, on or before such date(s) of completion and does not
complete them within the period specified in a notice given in
writing in that behalf by the CE(E) NRANVP.

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(iv) If the contractor persistently neglects to carry out his obligations


under the contract and/ or commits default in complying with any
of the terms and conditions of the contract and does not remedy
it or take effective steps to remedy it within 7 days after a notice in
writing is given to him in that behalf by the Engineer-in-Charge.

(v) If the contractor shall offer or give or agree to give to any person
in Government or NRANVP service consultants or to the
consultants engaged by NRANVP to any other person on his
behalf any gift or consideration of any kind as an inducement or
reward for doing or forbearing to do or for having done or
forborne to do any act in relation to the obtaining or execution of
this or any other contract for NRANVP.

(vi) If the contractor shall enter into a contract with NRANVP in


connection with which commission has been paid or agreed to
be paid by him or to his knowledge, unless the particulars of any
such commission and the terms of payment thereof have been
previously disclosed in writing to the Engineer-in-Charge.

(vii) If the contractor shall obtain a contract with NRANVP as a result


of wrong tendering or other non-bonafide methods of
competitive tendering.

(viii) If the contractor being an individual, or if a firm, any partner


thereof shall at any time be adjudged insolvent or have a
receiving order or order for administration of his estate made
against him or shall take any proceedings for liquidation or
composition (other than a voluntary liquidation for the purpose of
amalgamation or reconstruction) under any Insolvency Act for
the time being in force or make any conveyance or assignment
of his effects or composition or arrangement for the benefit of his
creditors or purport so to do, or if any application be made under
any Insolvency Act for the time being in force for the

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sequestration of his estate or if a trust deed be executed by him


for benefit of his creditors.

(ix) If the contractor being a company shall pass a resolution or the


court shall make an order that the company shall be wound up
or if a receiver or a manager on behalf of a creditor shall be
appointed or if circumstances shall arise which entitle the court
or the creditor to appoint a receiver or a manager or which entitle
the court to make a winding up order.

(x) If the contractor shall suffer an execution being levied on his


goods and allow it to be continued for a period of 21 days.

(xi) If the contractor assigns, transfers, sublets (engagement of


labour on a piece-work basis or of labour with materials not to
be incorporated in the work, shall not be deemed to be
subletting) or otherwise parts with or attempts to assign,
transfer, sublet or otherwise parts with the entire works or any
portion thereof without the prior written approval of the Chief
Executive Officer.

When the contractor has made himself liable for action under any of the
cases aforesaid, the Chief Executive Officer on behalf of the Nava
Raipur Atal Nagar Vikas Pradhikaran shall have powers:

(a) To determine the contract as aforesaid (of which termination


notice in writing to the contractor under the hand of the Chief
Executive Officer shall be conclusive evidence). Upon such
determination, the Earnest Money Deposit, Security Deposit
already recovered and Performance Guarantee under the
contract shall be liable to be forfeited and shall be absolutely at
the disposal of the NRANVP

(b) After giving notice to the contractor to measure up the work of

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the contractor and to take such whole, or the balance or part


thereof, as shall be un-executed out of his hands and to give it
to another contractor to complete the work. The contractor,
whose contract is determined as above, shall not be allowed to
participate in the tendering process for the balance work.

In the event of above courses being adopted by the Chief Executive


Officer, the contractor shall have no claim to compensation for any loss
sustained by him by reasons of his having purchased or procured any
materials or entered into any engagements or made any advances on
account or with a view to the execution of the work or the performance of
the contract. And in case action is taken under any of the provision
aforesaid, the contractor shall not be entitled to recover or be paid any
sum for any work thereof or actually performed under this contract unless
and until the Engineer-in-Charge has certified in writing 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 3A

In case, the work cannot be started due to reasons not within the control
of the contractor within 1/8th of the stipulated time for completion of
work, either party may close the contract. In such eventuality, the Earnest
Money Deposit and the Performance Guarantee of the contractor shall
be refunded, but no payment on account of interest, loss of profit or
damages etc. shall be payable at all.

CLAUSE 4

Contractor In any case in which any of the powers conferred upon the Chief
liable to pay Executive Officer by Clause-3 thereof, shall have become exercisable
Compensation and the same are not exercised, the non-exercise thereof shall not
even if action constitute a waiver of any of the conditions hereof and such powers shall
not taken notwithstanding be exercisable in the event of any future case of default
by the contractor and the liability of the contractor for compensation shall

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under Clause 3 remain unaffected. In the event of the Chief Executive Officer putting in
force all or any of the powers vested in him under the preceding clause he
may, if he so desires after giving a notice in writing to the contractor, take
possession of (or at the sole discretion of the Chief Executive Officer
which shall be final and binding on the contractor) use as on hire (the
amount of the hire money being also in the final determination of the Chief
Executive Officer) all or any tools, plant, materials and stores, in or upon
the works, or the site thereof belonging to the contractor, or procured by
the contractor and intended to be used for the execution of the work/or
any part thereof, paying or allowing for the same in account at the contract
rates, or, in the case of these not being applicable, at current market
rates to be certified by the Engineer-in-Charge, whose certificate
thereof shall be final, and binding on the contractor, clerk of the works,
foreman or other authorized agent to remove such tools, plant, materials,
or stores from the premises (within a time to be specified in such notice)
in the event of the contractor failing to comply with any such requisition,
the Engineer-in-Charge may remove them at the contractor's expense or
sell them by auction or private sale on account of the contractor and his
risk in all respects and the certificate of the Engineer-in-Charge as to the
expenses of any such removal and the amount of the proceeds and
expenses of any such sale shall be final and conclusive against the
contractor.

CLAUSE 5

Time and The time allowed for execution of the Works as specified in the Schedule
Extension for „F‟ or the extended time in accordance with these conditions shall be the
Delay essence of the Contract. The execution of the works shall commence
from such time period as mentioned in schedule „F‟ or from the date of
handing over of the site whichever is later. If the Contractor commits
default in commencing the execution of the work as aforesaid, NRANVP
shall without prejudice to any other right or remedy available in law, be at
liberty to forfeit the earnest money & performance guarantee absolutely.

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5.1 As soon as possible after the Contract is concluded, the


Contractor shall submit a Time and Progress Chart for each mile
stone and get it approved by the CE (E). The Chart shall be
prepared in direct relation to the time stated in the Contract
documents for completion of items of the works. It shall indicate
the forecast of the dates of commencement and completion of
various trades of sections of the work and may be amended as
necessary by agreement between the CE(E) NRANVP
and the Contractor within the limitations of time imposed in the
Contract documents, and further to ensure good progress during
the execution of the work, the contractor shall in all cases in
which the time allowed for any work, exceeds one month (save
for special jobs for which a separate programme has been
agreed upon) complete the work as per mile stones given in
Schedule ‟F'.

5.2 If the work(s) be delayed by:-

(i) force majeure, or

(ii) abnormally bad weather, or

(iii) serious loss or damage by fire, or

(iv) civil commotion, local commotion of workmen, strike or lockout,


affecting any of the trades employed on the work, or

(v) delay on the part of other contractors or tradesmen engaged by


Engineer-in-Charge in executing work not forming part of the
Contract, or

(vi) non-availability of stores, which are the responsibility of


Government to supply or

(vii) non-availability or break down of tools and Plant to be supplied


or supplied by Government or

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(viii) any other cause which, in the absolute discretion of the Chief
Executive Officer is beyond the Contractor's control.

then upon the happening of any such event causing delay, the
Contractor shall immediately give notice thereof in writing to the authority
as indicated in Schedule 'F' but shall nevertheless use constantly his
best endeavours to prevent or make good the delay and shall do all that
may be reasonably required to the satisfaction of the Engineer-in-Charge
to proceed with the works.

5.3 Request for rescheduling of Mile stones and extension of time,


to be eligible for consideration, shall be made by the Contractor
in writing within fourteen days of the happening of the event
causing delay on the prescribed form to the authority as
indicated in Schedule 'F'. The Contractor may also, if
practicable, indicate in such a request the period for which
extension is desired.

5.4 In any such case the authority as indicated in Schedule 'F' may
give a fair and reasonable extension of time and reschedule the
mile stones for completion of work. Such extension shall be
communicated to the Contractor by the authority as indicated in
Schedule 'F' in writing, within 3 months of the date of receipt of
such request. Non application by the contractor for extension of
time shall not be a bar for giving a fair and reasonable extension
by the authority as indicated in Schedule 'F' and this shall be
binding on the contractor.

CLAUSE 6

Measurements Engineer-in-Charge shall, except as otherwise provided, ascertain and


of Work Done determine by measurement, the value in accordance with the contract of
work done.

All measurement of all items having financial value shall be entered in

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Measurement Book and/or level field book so that a complete record is


obtained of all works performed under the contract.

All measurements and levels shall be taken jointly by the Engineer-in-


Charge or his authorized representative and by the contractor or his
authorized representative from time to time during the progress of the
work and such measurements shall be signed and dated by the
Engineer-in-Charge and the contractor or their representatives in token
of their acceptance. If the contractor objects to any of the measurements
recorded, a note shall be made to that effect with reason and signed by
both the parties.

If for any reason the contractor or his authorized representative is not


available and the work of recording measurements is suspended by the
Engineer-in-Charge or his representative, the Engineer-in-Charge and
the Chief Executive Officer shall not entertain any claim from contractor
for any loss or damages on this account. If the contractor or his
authorized representative does not remain present at the time of such
measurements after the contractor or his authorized representative has
been given a notice in writing three (3) days in advance or fails to
countersign or to record objection within a week from the date of the
measurement, then such measurements recorded in his absence by the
Engineer-in-Charge or his representative shall be deemed to be
accepted by the Contractor.

The contractor shall, without extra charge, provide all assistance with
every appliance, labour and other things necessary for measurements
and recording levels.

Except where any general or detailed description of the work expressly


shows to the contrary, measurements shall be taken in accordance with
the procedure set forth in the specifications notwithstanding any
provision in the relevant Standard Method of measurement or any
general or local custom. In the case of items which are not covered by
specifications, measurements shall be taken in accordance with the
relevant standard method of measurement issued by the Bureau of

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Indian Standards and if for any item no such standard is available, then a
mutually agreed method shall be followed.

The contractor shall give, not less than seven days' notice to the
Engineer-in-Charge or his authorized representative in charge of the
work, before covering up or otherwise placing beyond the reach of
measurement any work in order that the same may be measured and
correct dimensions thereof be taken before the same is covered up or
placed beyond the reach of measurement and shall not cover up and
place beyond reach of measurement any work without consent in writing
of the Engineer-in-Charge or his authorized representative in charge of
the work who shall within the aforesaid period of seven days inspect the
work, and if any work shall be covered up or placed beyond the reach of
measurements without such notice having been given or the Engineer-
in-Charge's consent being 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.

Engineer-in-Charge or his authorized representative may cause either


themselves to check the measurements recorded jointly or otherwise as
aforesaid and all provisions stipulated herein above shall be applicable
to such checking of measurements or levels. Provided that Executive
Engineer, NRANVP nominated by CE (E) NRANVP for the work shall
also check at least 10% measurement.

It is also a term of this contract that recording of measurements of any


item of work in the measurement book and/or its payment in the interim,
on account or final bill shall not be considered as conclusive evidence as
to the sufficiency of any work or material to which it relates nor shall it
relieve the contractor from liabilities from any over measurement or
defects noticed till completion of the defects liability period.

CLAUSE 6A

Computerized Engineer-in-Charge shall, except as otherwise provided, ascertain and

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Measurement determine by measurement the value of work done in accordance with


Book the contract. All measurements of all items having financial value shall
be entered by the contractor and compiled in the shape of the
Computerized Measurement Book having pages of A-4 size as per the
format approved by the Chief Executive Officer so that a complete record
is obtained of all the items of works performed under the contract.

All such measurements and levels recorded by the contractor or his


authorized representative from time to time, during the progress of the
work, shall be got checked by the contractor from the Engineer-in-
Charge or his authorized representative as per interval or program fixed
in consultation with Engineer-in-Charge or his authorized representative.
After the necessary corrections made by the Engineer-in-Charge, the
measurement sheets shall be returned to the contractor for incorporating
the corrections and for resubmission to the Engineer-in- Charge for the
dated signatures by the Engineer-in-Charge and the contractor or their
representatives in token of their acceptance.

Whenever bill is due for payment, the contractor would initially submit
draft computerized measurement sheets and these measurements
would be got checked/test checked from the Engineer-in-Charge and/or
his authorized representative. The contractor will, thereafter, incorporate
such changes as may be done during these checks/test checks in his
draft computerized measurements, and submit to the Engineer–in-
Charge a computerized measurement book, duly bound, and with its
pages machine numbered. The Engineer-in-Charge and/or his
authorized representative would thereafter check this MB, and record the
necessary certificates for their checks/test checks.

The final, fair, computerized measurement book given by the contractor,


duly bound, with its pages machine numbered, should be 100% correct,
and no cutting or over-writing in the measurements would thereafter be
allowed. If at all any error is noticed, the contractor shall have to submit a
fresh computerized MB with its pages duly machine numbered and
bound, after getting the earlier MB cancelled by NRANVP. Thereafter,

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the MB shall be taken in the Engineer-in-Charge‟s office records, and


allotted a number as per the Register of Computerised MBs. This should
be done before the corresponding bill is submitted to the Engineer-in-
Charge for payment. The contractor shall submit two spare copies of
such computerized MB's for the purpose of reference and record by the
various officers of the NRANVP.

The contractor shall also submit to the NRANVP separately his


computerized Abstract of Cost and the bill based on these
measurements, duly bound, and its pages machine numbered along with
two spare copies of the bill. Thereafter, this bill will be processed by the
Engineer-in-Charge‟s and allotted a number as per the computerized
record in the same way as done for the measurement book meant for
measurements.

The contractor shall, without extra charge, provide all assistance with
every appliance, labour and other things necessary for checking of
measurements/levels by the Engineer-in-Charge or his representative.

Except where any general or detailed description of the work expressly


shows to the contrary, measurements shall be taken in accordance with
the procedure set forth in the specifications notwithstanding any
provision in the relevant Standard Method of measurement or any
general or local custom. In the case of items which are not covered by
specifications, measurements shall be taken in accordance with the
relevant standard method of measurement issued by the Bureau of
Indian Standards and if for any item no such standard is available then a
mutually agreed method shall be followed.

The contractor shall give not less than seven days' notice to the
Engineer-in-Charge or his authorized representative in charge of the
work before covering up or otherwise placing beyond the reach of
checking and/or test checking the measurement of any work in order that
the same may be checked and/or test checked and correct dimensions
thereof be taken before the same is covered up or placed beyond the
reach of checking and/or test checking measurement and shall not cover

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up and place beyond reach of measurement any work without consent in


writing of the Engineer-in-Charge or his authorized representative in
charge of the work who shall within the aforesaid period of seven days
inspect the work, and if any work shall be covered up or placed beyond
the reach of checking and/or test checking measurements without such
notice having been given or the Engineer-in-Charge's consent being
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.

Engineer-in-Charge or his authorized representative may cause either


themselves or through another officer of the department to check the
measurements recorded by contractor and all provisions stipulated
herein above shall be applicable to such checking of measurements or
levels.

It is also a term of this contract that checking and/or test checking the
measurements of any item of work in the measurement book and/or its
payment in the interim, on account of final bill shall not be considered as
conclusive evidence as to the sufficiency of any work or material to
which it relates nor shall it relieve the contractor from liabilities from any
over measurement or defects noticed till completion of the defects
liability period.

CLAUSE 7

Payment on No payment shall be made for work, estimated to cost Rs. Twenty
Intermediate thousand or less till after the whole of the work shall have been
Certificate to completed and certificate of completion given. For works estimated to
be Regarded cost over Rs. Twenty thousand, the interim or running account bills shall
as Advances be submitted by the contractor for the work executed on the basis of
such recorded measurements in the format of the approved by the Chief
Executive Officer in triplicate on or before the date of every month fixed
for the same by the Engineer-in-Charge. The contractor shall not be
entitled to be paid any such interim payment if the gross work done

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together with net payment/ adjustment of advances for material


collected, if any, since the last such payment is less than the amount
specified in Schedule 'F', in which case the interim bill shall be prepared
on the appointed date of the month after the requisite progress is
achieved. Engineer-in-Charge shall arrange to have the bill verified by
taking or causing to be taken, where necessary, the requisite
measurements of the work. In the event of the failure of the contractor to
submit the bills, Engineer-in-Charge shall prepare or cause to be
prepared such bills in which event no claims whatsoever due to delays
on payment including that of interest shall be payable to the contractor.
Payment on account of amount admissible shall be made by the
Engineer-in-Charge certifying the sum to which the contractor is
considered entitled by way of interim payment at such rates as decided
by the Engineer-in-Charge. 75% (Seventy Five Percent) of the amount
admissible shall be paid within 7 working days while the balance amount
which may be found admissible after scrutiny shall be paid within 21
working days.

All such interim payments shall be regarded as payment by way of


advances against final payment only and shall not preclude the requiring
of bad, unsound and imperfect or unskilled work to be rejected, removed,
taken away and reconstructed or re-erected. Any certificate given by the
Engineer-in-Charge relating to the work done or materials delivered
forming part of such payment, may be modified or corrected by any
subsequent such certificate(s) or by the final certificate and shall not by
itself be conclusive evidence that any work or materials to which it
relates is/are in accordance with the contract and specifications. Any
such interim payment, or any part thereof shall not in any respect
conclude, determine or affect in any way powers of the Engineer-in-
Charge under the contract or any of such payments be treated as final
settlement and adjustment of accounts or in any way vary or affect the
contract.

Pending consideration of extension of date of completion, interim


payments shall continue to be made as herein provided without prejudice

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to the right of the Chief Executive Officer to take action under the terms
of this contract for delay in the completion of work, if the extension of
date of completion is not granted by the competent authority.

The Chief Executive Officer in his sole discretion on the basis of a


certificate from the Subordinate Engineer to the effect that the work has
been completed up to the level in question make interim advance
payments without detailed measurements for work done (other than
foundations, items to be covered under finishing items) up to lintel level
(including sunshade etc.) and slab level, for each floor working out at
75% of the assessed value. The advance payments so allowed shall be
adjusted in the subsequent interim bill by taking detailed measurements
thereof.

Payments in In case main contractor fails to make the payment to the contractor
composite associated by him within 15 days of receipt of each running account
Contracts payment, then on the written complaint of contractor associated for such
minor component, Engineer in charge of minor component shall serve
the show cause to the main contractor and if reply of main contractor
either not received or found unsatisfactory, he may make the payment
directly to the contractor associated for minor component as per the terms
and conditions of the agreement drawn between main contractor and
associate contractor fixed by him. Such payment made to the associate
contractor shall be recovered by Engineer-in-charge of major or minor
component from the next R/A/ final bill due to main contractor as the case
may be.

CLAUSE 8

Completion Within ten days of the completion of the work, the contractor shall give
Certificate and notice of such completion to the Engineer-in-Charge and within thirty
Completion days of the receipt of such notice, the Engineer-in-Charge shall inspect
Plans the work and if there is no defect in the work, shall furnish the contractor
with a final certificate of completion, otherwise a provisional certificate of
physical completion indicating defects (a) to be rectified by the contractor

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and/or (b) for which payment will be made at reduced rates, shall be
issued. But no final certificate of completion shall be issued, nor shall the
work be considered to be complete until the contractor shall have
removed from the premises on which the work shall be executed all
scaffolding, surplus materials, rubbish and all huts and sanitary
arrangements required for his/their work people on the site in connection
with the execution of the works as shall have been erected or
constructed by the contractor(s) and cleaned off the dirt from all wood
work, doors, windows, walls, floor or other parts of the building, in, upon,
or about which the work is to be executed or of which he may have had
possession for the purpose of the execution; thereof, and not until the
work shall have been measured by the Engineer-in-Charge. If the
contractor shall fail to comply with the requirements of this Clause as to
removal of scaffolding, surplus materials and rubbish and all huts and
sanitary arrangements as aforesaid and cleaning off dirt on or before the
date fixed for the completion of work, the Engineer-in-Charge may at the
expense of the contractor remove such scaffolding, surplus materials
and rubbish etc., and dispose of the same as he thinks fit and clean off
such dirt as aforesaid, and the contractor shall have no claim in respect
of scaffolding or surplus materials as aforesaid except for any sum
actually realized by the sale thereof.

CLAUSE 8A

Contractor to When the annual repairs and maintenance of works are carried out, the
Keep Site splashes and droppings from white washing, colour washing, painting
Clean etc., on walls, floor, windows, etc. shall be removed and the surface
cleaned simultaneously with the completion of these items of work in the
individual rooms, quarters or premises etc. where the work is done :
without waiting for the actual completion of all the other items of work in
the contract. In case the contractor fails to comply with the requirements
of this clause, the Engineer-in-Charge shall have the right to get this
work done at the cost of the contractor either departmentally or through
any other agency. Before taking such action, the Engineer-in-Charge

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shall give ten days notice in writing to the contractor.

CLAUSE 8B

Completion The contractor shall submit completion plan as required vide General
Plans to be Specifications for Electrical works (Part-I internal) 2005 and (Part-ll
Submitted by External) 1994 as applicable within thirty days of the completion of the
the Contractor work.

In case, the contractor fails to submit the “As Built Drawing” maintenance
manual completion plan as aforesaid, he shall be liable to pay a sum
equivalent to 2.5% of the value of the work subject to a ceiling of
Rs.1,50,000.00/- (Rs. One Lakh Fifty Thousand only) as may be fixed by
the CE (E) concerned and in this respect the decision of the CE(E) shall
be final and binding on the contractor.

CLAUSE 9

Payment of The final bill shall be submitted by the contractor in the same manner as
Final Bill specified in interim bills within three months of physical completion of the
work or within one month of the date of the final certificate of completion
furnished by the Engineer-in-Charge whichever is earlier. No further
claims shall be made by the contractor after submission of the final bill
and these shall be deemed to have been waived and extinguished.
Payments of those items of the bill in respect of which there is no dispute
and of items in dispute, for quantities and rates as approved by Engineer-
in-Charge, will, as far as possible be made within the period specified
hereinunder, the period being reckoned from the date of receipt of the bill
by the Engineer-in-Charge, complete with account of materials issued by
the NRANVP and dismantled materials.

(i) If the Tendered value of work is up to Rs. 15 lac: 3 months

(ii) If the Tendered value of work exceeds Rs. 15 lac: 6 months

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CLAUSE 9A

Payment of Payments due to the contractor may, if so desired by him, be made to


Contractor’s his bank, registered financial, co-operative or thrift societies or
Bills to Banks recognized financial institutions instead of direct to him provided that the
contractor furnishes to the Engineer-in-Charge (1) an authorization in the
form of a legally valid document such as a power of attorney conferring
authority on the bank; registered financial, co-operative or thrift societies
or recognized financial institutions to receive payments and (2) his own
acceptance of the correctness of the amount made out as being due to
him by Government or his signature on the bill or other claim preferred
against Government before settlement by the Engineer-in-Charge of the
account or claim by payment to the bank, registered financial, co-
operative or thrift societies or recognized financial institutions. While the
receipt given by such banks; registered financial, co-operative or thrift
societies or recognized financial institutions shall constitute a full and
sufficient discharge for the payment, the contractor shall whenever
possible present his bills duly receipted and discharged through his
bank, registered financial, co-operative or thrift societies or recognized
financial institutions.

Nothing herein contained shall operate to create in favour of the bank;


registered financial, co-operative or thrift societies or recognized financial
institutions any rights or equities visa-vis the Nava Raipur Atal Nagar
Vikas Pradhikaran.

CLAUSE 10

Materials Materials which Government will supply are shown in Schedule 'B' which
supplied by also stipulates quantum, place of issue and rate(s) to be charged in
Government respect thereof. The contractor shall be bound to procure them from the
Engineer-in-Charge.

As soon as the work is awarded, the contractor shall finalise the


programme for the completion of work as per clause 5 of this contract

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and shall give his estimates of materials required on the basis of


drawings/or schedule of quantities of the work. The Contractor shall give
in writing his requirement to the Engineer-in-Charge which shall be
issued to him keeping in view the progress of work as assessed by the
Engineer-in-Charge, in accordance with the agreed phased programme
of work indicating monthly requirements of various materials. The
contractor shall place his indent in writing for issue of such materials at
least 7 days in advance of his requirement.

Such materials shall be supplied for the purpose of the contract only and
the value of the materials so supplied at the rates specified in the
aforesaid schedule shall be set off or deducted, as and when materials
are consumed in items of work (including normal wastage) for which
payment is being made to the contractor, from any sum then due or
which may therefore become due to the contractor under the contract or
otherwise or from the security deposit. At the time of submission of bills,
the contractor shall certify that balance of materials supplied is available
at site in original good condition.

The contractor shall submit along with every running bill (on account or
interim bill) material-wise reconciliation statements supported by
complete calculations reconciling total issue, total consumption and
certified balance (diameter/section-wise in the case of steel) and
resulting variations and reasons therefore. Engineer-in-Charge shall
(whose decision shall be final and binding on the contractor) be within
his rights to follow the procedure of recovery in clause 42 at any stage of
the work if reconciliation is not found to be satisfactory.

The contractor shall bear the cost of getting the material issued, loading,
transporting to site, unloading, storing under cover as required, cutting
assembling and joining the several parts together as necessary.
Notwithstanding anything to the contrary contained in any other clause of
the contract and (or the CPWD Code) all stores/materials so supplied to
the contractor or procured with the assistance of the NRANVP shall
remain the absolute property of NRANVP and the contractor shall be the

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trustee of the stores/materials, and the said stores/materials shall not be


removed/disposed off from the site of the work on any account and shall
be at all times open to inspection by the Engineer-in-Charge or his
authorized agent. Any such stores/materials remaining unused shall be
returned to the Engineer-in-Charge in as good a condition in which they
were originally supplied at a place directed by him, at a place of issue or
any other place specified by him as he shall require, but in case it is
decided not to take back the stores/materials the contractor shall have
no claim for compensation on any account of such stores/materials so
supplied to him as aforesaid and not used by him or for any wastage in
or damage to in such stores/materials.

On being required to return the stores/materials, the contractor shall


hand over the stores/ materials on being paid or credited such price as
the Engineer-in-Charge shall determine, having due regard to the
condition of the stores/materials. The price allowed for credit to the
contractor, however, shall be at the prevailing market rate not exceeding
the amount charged to him, excluding the storage charge, if any. The
decision of the Engineer-in-Charge shall be final and conclusive. In the
event of breach of the aforesaid condition, the contractor shall in addition
to throwing himself open to account for contravention of the terms of the
licenses or permit and/or for criminal breach of trust, be liable to
Government for all advantages or profits resulting or which in the usual
course would have resulted to him by reason of such breach. Provided
that the contractor shall in no case be entitled to any compensation or
damages on account of any delay in supply or non-supply thereof all or
any such materials and stores provided further that the contractor shall
be bound to execute the entire work if the materials are supplied by the
Government within the original scheduled time for completion of the work
plus 50% thereof or schedule time plus 6 months whichever is more if
the time of completion of work exceeds 12 months, but if a part of the
materials only has been supplied within the aforesaid period, then the
contractor shall be bound to do so much of the work as may be possible
with the materials and stores supplied in the aforesaid period. For the

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completion of the rest of the work, the contractor shall be entitled to such
extension of time as may be determined by the Engineer-in-Charge
whose decision in this regard shall be final and binding on the contractor.

The contractor shall see that only the required quantities of materials are
got issued. Any such material remaining unused and in perfectly
good/original condition at the time of completion or determination of the
contract shall be returned to the Engineer-in-Charge at the stores from
which it was issued or at a place directed by him by a notice in writing.
The contractor shall not be entitled for loading, transporting, unloading
and stacking of such unused material except for the extra lead, if any
involved, beyond the original place of issue.

CLAUSE 10A

Materials to be The contractor shall, at his own expense, provide all materials, required
provided by for the works.
the Contractor
The contractor shall, at his own expense and without delay, supply to
the Engineer-in-Charge samples of materials to be used on the work
and shall get these approved in advance. All such materials to be
provided by the Contractor shall be in conformity with the specifications
laid down or referred to in the contract. The contractor shall, if requested
by the Engineer-in-Charge furnish proof, to the satisfaction of the
Engineer-in-Charge that the materials so comply. The Engineer-in-
Charge shall within thirty days of supply of samples or within such further
period as he may require intimate to the Contractor in writing whether
samples are approved by him or not. If samples are not approved, the
Contractor shall forthwith arrange to supply to the Engineer-in-Charge for
his approval, fresh samples complying with the specifications laid down
in the contract. When materials are required to be tested in accordance
with specifications, approval of the Engineer-in-Charge shall be issued
after the test results are received.

The Contractor shall at his risk and cost submit the samples of materials
to be tested or analyzed and shall not make use of or incorporate in the

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work any materials represented by the samples until the required tests
or analysis have been made and materials finally accepted by the
Engineer-in-Charge. The Contractor shall not be eligible for any claim or
compensation either arising out of any delay in the work or due to any
corrective measures required to be taken on account of and as a result of
testing of materials.

The contractor shall, at his risk and cost, make all arrangements and
shall provide all facilities as the Engineer-in-Charge may require for
collecting, and preparing the required number of samples for such tests
at such time and to such place or places as may be directed by the
Engineer-in-Charge and bear all charges and cost of testing unless
specifically provided for otherwise elsewhere in the contract or
specifications. The Engineer-in-Charge or his authorized representative
shall at all times have access to the works and to all workshops and
places where work is being prepared or from where materials,
manufactured articles or machinery are being obtained for the works
and the contractor shall afford every facility and every assistance in
obtaining the right to such access.

The Engineer-in-Charge shall have full powers to require the removal


from the premises of all materials which in his opinion are not in
accordance with the specifications and in case of default, the Engineer-in-
Charge shall be at liberty to employ at the expense of the contractor, other
persons to remove the same without being answerable or accountable for
any loss or damage that may happen or arise to such materials. The
Engineer-in-Charge shall also have full powers to require other proper
materials to be substituted thereof and in case of default, the Engineer-in-
Charge may cause the same to be supplied and all costs which may
attend such removal and substitution shall be borne by the Contractor.

The contractor shall at his own expense, provide a material testing lab
at the site for conducting routine field tests. The lab shall be equipped at
least with the testing equipment as specified in schedule F.

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CLAUSE 10B

Secured (i) The contractor, on signing an indenture in the form to be specified


Advance on by the NRANVP, shall be entitled to be paid during the progress of
Non- the execution of the work up to 90% of the assessed value of any
perishable materials which are in the opinion of the Engineer-in- Charge non-
Materials perishable, non-fragile and non-combustible and are in
accordance with the contract and which have been brought on the
site in connection therewith and are adequately stored and/or
protected against damage by weather or other causes but which
have not at the time of advance been incorporated in the works.
When materials on account of which an advance has been made
under this sub-clause are incorporated in the work, the amount of
such advance shall be recovered/deducted from the next payment
made under any of the clause or clauses of this contract.

Mobilisation (ii) Mobilization advance not exceeding 10% of the tendered value
Advance may be given, if requested by the contractor in writing within one
month of the order to commence the work. Such advance shall be
in two or more installments to be determined by the Chief
Executive Officer at his sole discretion. The first installment of
such advance shall be released by the Chief Executive Officer to
the contractor on a request made by the contractor to the
Engineer- in-Charge in this behalf. The second and subsequent
installments shall be released by the Chief Executive Officer only
after the contractor furnishes a proof of the satisfactory utilization
of the earlier installment to the entire satisfaction of the Engineer-
in-Charge.

Before any installment of advance is released, the contractor shall


execute a Bank guarantee Bond from scheduled Bank for the
amount of advance & valid for the contract period. This shall be
kept renewed from time to time to cover the balance amount and

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likely period of complete recovery, together with interest.

Provided always that provision of Clause 10 B (ii) shall be


applicable only when so provided in 'Schedule F'.

Plant (iii) An advance for plant, machinery & shuttering material required for
Machinery & the work and brought to site by the Contractor may be given if
Shuttering requested by the contractor in writing within one month of bringing
Material such plant and machinery to site. Such advance shall be given on
Advance such expeditious execution of work and improve the quality of
work. The amount of advance shall be restricted to 5% percent of
the tender value. In the case of new plant and equipment to be
purchased for the work, the advance shall be restricted to 90% of
the price of such new plant and equipment paid by the contractor
for which the contractor shall produce evidence satisfactory to the
Engineer-in-Charge. In the case of second hand and used plants
and equipment, the amount of such advance shall be limited to
50% of the depreciated value of plant and equipment as may be
decided by the Engineer-in-Charge. The contractor shall, if so
required by the Engineer-in-Charge, submit the statement of value
of such old plant and equipment duly approved by a Registered
Valuer recognized by the Central Board of Direct Taxes under the
Income-Tax Act, 1961. No such advance shall be paid on any
plant and equipment of perishable nature and on any plant and
equipment of a value less than Rs. 50,000/- Seventy five per cent
of such amount of advance shall be paid after the plant &
equipment is brought to site and balance twenty five percent on
successfully commissioning the same.

Leasing of equipment shall be considered at par with purchase of


equipment and shall be covered by tripartite agreement with the
following:

1. Leasing company which gives certificate of agreeing to lease


equipment to the

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contractor.

2. Engineer in Charge, and

3. The contractor.

This advance shall further be subject to the condition that such


plant and equipment (a) are considered by the Engineer-in-
Charge to be necessary for the works; (b) and are in working
order and are maintained in working order; (c) hypothecated to the
Government as specified by the Engineer-in-Charge before the
payment of advance is released. The contractor shall not be
permitted to remove from the site such hypothecated plant and
equipment without the prior written permission of the Engineer-in-
Charge. The contractor shall be responsible for maintaining such
plant and equipment in good working order during the entire
period of hypothecation failing which such advance shall be
entirely recovered in lump sum. For this purpose, steel scaffolding
and form work shall be treated as plant and equipment.

The contractor shall insure the Plant and Machinery for which
mobilization advance is sought and given, for a sum sufficient to
provide for their replacement at site. Any amounts not recovered
from the insurer will be borne by the contractor.

(iv) The mobilization advance and plant and machinery advance in (ii)
& (iii) above bear simple interest at the rate of 10 per cent per
annum and shall be calculated from the date of payment to the
date of recovery, both days inclusive, on the outstanding amount
of advance. Recovery of such sums advanced shall be made by
the deduction from the contractors bills commencing after first ten
per cent of the gross value of the work is executed and paid, on
pro-rata percentage basis to the gross value of the work billed
beyond 10% in such a way that the entire advance is recovered by
the time eighty per cent of the gross value of the contract is
executed and paid, together with interest due on the entire

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outstanding amount up to the date of recovery of the installment.

(v) If the circumstances are considered reasonable by the Engineer-


in-Charge, the period mentioned in (ii) and (iii) for request by the
contractor in writing for grant of mobilization advance and plant
and equipment advance may be extended in the discretion of the
Engineer-in-Charge.

CLAUSE 10C

Payment on If after submission of the tender, the price of any material incorporated in
Account of the works (excluding the materials covered under Clause 10CA and/or
Increase in wages of labour increases as a direct result of the coming into force of
Prices/Wages any fresh law, or statutory rule or order (but not due to any changes of
due to rate in sales tax/VAT, Central/State Excise/Custom Duty) beyond the
Statutory prices/wages prevailing at the time of the last stipulated date of receipt of
Order(s) tenders including extensions, if any, for the work during contract period
including the justified period extended under the provisions of clause 5 of
the contract without any action under clause 2, then the amount of the
contract shall accordingly be varied and provided further that any such
increase shall be limited to the price/wages prevailing at the time of
stipulated date of completion or as prevailing for the period under
consideration, whichever is less.

If after submission of the tender, the price of any material incorporated in


the works (excluding the materials covered under Clause 10CA and/or
wages of labour as prevailing at the time of last stipulated date of receipt
of tender including extensions, if any, is decreased as a direct result of
the coming into force of any fresh law or statutory rules or order (but not
due to any changes of rate in sales tax/VAT, Central/State
Excise/Custom Duty), NRANVP shall in respect of materials incorporated
in the works (excluding the materials covered under Clause 10CA and/or
labour engaged on the execution of the work after the date of coming
into force of such law statutory rule or order be entitled to deduct from
the dues of the contractor, such amount as shall be equivalent to the

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difference between the prices of the materials and/or wages as prevailed


at the time of the last stipulated date for receipt of tenders including
extensions if any for the work and the prices of materials and/or wages
of labour on the coming into force of such law, statutory rule or order.
This will be applicable for the contract period including the justified
period extended under the provisions of clause 5 of the contract without
any action under clause 2.

Engineer-in-Charge may call books of account and other relevant


documents from the contractor to satisfy himself about reasonability of
increase in prices of materials and wages.

The contractor shall, within a reasonable time of his becoming aware of


any alteration in the price of any such materials and/or wages of labour,
give notice thereof to the Engineer-in-Charge stating that the same is
given pursuant to this condition together with all information relating
thereto which he may be in position to supply.

For this purpose, the labour component of the work executed during
period under consideration shall be the percentage as specified in
Schedule F, of the value of work done during that period and the
increase/decrease in labour shall be considered on the minimum daily
wages in rupees of any unskilled adult male mazdoor, fixed under any
law, statutory rule or order.

Escalation CLAUSE 10 CA:

Reimbursement /Refund on Variation in Prices of Materials / P.


O. L. and Labour Wages

Price Adjustment: -

Contract price shall be adjusted for increase or decrease in


rates and price of labour, materials, POL, in accordance with the
following principles and procedure and as per formula given
below.

Note: -Price adjustment shall be applicable from reckoned date and


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upto validly extended period under Clause 5.1 above but shall not
apply to the period when, work is carried out under Clause 2 above.

A. The price adjustment shall be determined during each


month from the formula given in the hereunder.

B. Following expressions and meanings are assigned to the


work done during each month:

To the extent that full compensation for any rise or fall in costs to
the contractor is not covered by the provisions of this or other
clauses in the contract, the unit rates and prices included in the
contract shall be deemed to include amounts to cover the
contingency of such other rise or fall in costs.

The formulas (e) for adjustment of prices are: -

R= Total value of work done during the month. It would


include the amount of secured advance granted, if any,
during the month, less the amount of secured advance
recovered, if any during the month. It will exclude value
for works executed under variations for which price
adjustment will be worked separately based on the terms
mutually agreed.

Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost


due to labour shall be paid in accordance with the
following formula:

VL = 0.85 x P1/100 x R x (Li-Lo)/Lo

VL = increase or decrease in the cost of work during


the month under consideration due to changes in rates for
local labour.

Lo = the consumer price index for industrial workers


at the town nearest to

the site or work as published by Labour Bureau, Ministry

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of Labour, Govt. of India, on the date of inviting tender

Li = The consumer price index for industrial workers at


the town nearest to the site of work for the month
under consideration as published by Labour
Bureau, Ministry of Labour, Government of India.
Pi = Percentage of labour component of the
work.

Adjustment for cement component

(ii) Price adjustment for increase or decrease in the cost of


cement procured by the contractor shall be paid in
accordance with the following formula;

Vc = O.85xP c /100 x Rx (Ci - Co)/Co

Vc = increase or decrease in the cost of work during


the month under consideration due to changes in rates
for cement

Co = The all India wholesale price index for


Pozzolana cement as published by the Economic Adviser,
Ministry of Commerce & Industry, Government of India,
New Delhi. on the date of inviting tender

Ci =The all India average wholesale price index for


Pozzolana cement for the month under consideration as
published by Economic Adviser,Ministry of Commerce &
Industry , Govt. of India, New Delhi.

Pc = Percentage of cement component of the work.

Adjustment for steel component

(iii) Price adjustment for increase or decrease in the cost of


steel procured by the Contractor shall be paid in
accordance with the following formula;

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Vs = 0.85xP s /100xRx(Si-S 0 )/S 0


Vs = increase or decrease in the cost of work during
the month under consideration due to changes in the
rates for steel.

So = The all India wholesale price index for MS


Wire Rods as published by the Economic Adviser,
Ministry of Commerce & Industry, Government of India,
New Delhi, on the date of inviting tender

Sj =The all India average wholesale price index for


MS Wire Rods for the month under consideration as
published by Economic Adviser,Ministry of Commerce
& Industry, Government of India, New Delhi.
Ps = Percentage of steel component of the work.
Note:- for the application of this clause, index of
Bars and Rods has been to represent steel group.
Adjustment of bitumen component
(iv) Price adjustment for increase or decrease in the cost of
bitumen shall be paid in accordance with the following
formula;
V L = 0.85xPb/100xRX(Bi-Bo)/B 0
Vb = Increase or decrease in the cost of work during the month
under Consideration due to changes in rates for bitumen.
Bo = The official retail price of bitumen at the IOC depot at
nearest centre on the date of inviting tender.
Bj = The official retail price of bitumen of IOC depot at nearest
center for the 15th day of the month under consideration.
Ph = Percentage of bitumen component of the work.
Adjustment of POL (fuel and lubricant) component
(v) Price adjustment for increase or decrease in cost of
POL (fuel and lubricant) shall be paid in accordance
with the following formula;
Vf = 0.65 x P f /100 x Rx(F i – Fo )/F o

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V( =Increase or decrease in the cost or work during the


month under consideration due to changes in rates for fuel
and lubricants.
Fo =The official price of High Speed Diesel (HSD) at the
existing consumer Diesel pumps out let at nearest center
on the date of tender
F| =The official retail price of HSD at the existing
consumer pumps of IOC at nearest center for the 15th day of
month under consideration.
Pf = Percentage of fuel and lubricants component of the
work.
Note: - For the application of this clause, the price of High
speed Diesel Oil has been chosen to represent fuel and
lubricants group.
Adjustment of Other Materials Component
(vii) Price adjustment for increase or decrease in cost of local
materials other than
Cement, steel, Bitumen and POL procured by the contractor
shall lay in accordance with the following formula;
Vm = 0.85 xP m /100XRx(M,-M0 )/M 0
Vm = Increase or decrease in the cost of work during the
month under consideration due to changes in rates for local
materials other than cement, steel, bitumen and POL.
Mo = The all India wholesale price index (all commodities) as
published by the Economic Adviser,Ministry of Commerce &
Industry, Govt. of India, New Delhi, on the date of inviting
tender
Mj =The all India Wholesale price index (all commodities) for
the month under consideration as published by Economic
Adviser, Ministry of Commerce & Industry, Govt.of India, New
Delhi.
Pm = Percentage of local material component (Other than
cement, steel, bitumen and POL) of the work.
The following percentages will govern the price adjustment for

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the entire contract:


SI.
Components For road For Building For bridge
No.
1 Labour- P, 25% 35% 30%
2 Cement- P c 5% 10% 25%
3 Steel - Ps 5% 10% 25%
4 Bitumen – Pb 10% - -
5 POL - Pf 10% 10% 10%
6 Other materials - Pm 45% 35% 10%
Total 100% 100% 100%
Note:-If in the execution of contract for Road works use of
certain material(s) is/are not involved (Viz cement, steel,
Bitumen etc.), then the percentage of other material-Pm shall be
increased to that extent
Example: - Say in a contract of roadwork steel is not required
(Ps-5%). Pm shall become
45%+5%=50%
Or
Say cement & steel not required then Pm shall become
45%+5%+5%=55% and so on Work to be executed in
Accordance with Specification, Drawing, Order, etc.

CLAUSE 10 D

Dismantled The contractor shall treat all materials obtained during dismantling of a
Material structure, excavation of the site for a work, etc. as NRANVP‟s property
NRANVP and such materials shall be disposed off to the best advantage of
Property NRANVP according to the instructions in writing issued by the Engineer-
in-Charge.

CLAUSE 11

Work to be The contractor shall execute the whole and every part of the work in the
Executed in most substantial and workmanlike manner both as regards materials and
Accordance otherwise in every respect in strict accordance with the specifications.
with The contractor shall also conform exactly, fully and faithfully to the
Specifications, design, drawings and instructions in writing in respect of the work signed
Drawings, by the Engineer-in-Charge and the contractor shall be furnished free of

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Orders etc. charge one copy of the contract documents together with specifications,
designs, drawings and instructions as are not included in the standard
specifications of Central Public Works Department, or/and MORTH,
CPHEEO as specified in Schedule 'F' or in any Bureau of Indian
Standard or any other, published standard or code or, Schedule of Rates
or any other printed publication referred to elsewhere in the contract.

The contractor shall comply with the provisions of the contract and with
the care and diligence execute and maintain the works and provide all
labour and materials, tools and plants including for measurements and
supervision of all works, structural plans and other things of temporary or
permanent nature required for such execution and maintenance in so far
as the necessity for providing these, is specified or is reasonably inferred
from the contract. The Contractor shall take full responsibility for
adequacy, suitability and safety of all the works and methods of
construction.

CLAUSE 12

Deviations/ The CE(E) shall have power (i) to make alteration in, omissions from,
Variations additions to, or substitutions for the original specifications, drawings,
Extent and designs and instructions that may appear to him to be necessary or
Pricing advisable during the progress of the work, and (ii) to omit a part of the
works in case of non-availability of a portion of the site or for any other
reasons and the contractor shall be bound to carry out the works in
accordance with any instructions given to him in writing signed by the
Engineer-in-Charge and such alterations, omissions, additions or
substitutions shall form part of the contract as if originally provided
therein and any altered, additional or substituted work which the
contractor may be directed to do in the manner specified above as part
of the works, shall be carried out by the contractor on the same
conditions in all respects including price on which he agreed to do the
main work except as hereafter provided.

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12.1 The time for completion of the works shall, in the event of any
deviations resulting in additional cost over the tendered value
sum being ordered, be extended, if requested by the contractor,
as follows:

(i) In the proportion which the additional cost of the altered,


additional or substituted work, bears to the original tendered
value plus

(ii) 25% of the time calculated in (i) above or such further additional
time as may be considered reasonable by the Engineer-in-
Charge.

Deviation, 12.2 In the case of extra item(s) (items that are completely new, and
Extra Items are in addition to the items contained in the contract), the
and Pricing contractor may within fifteen days of receipt of order or
occurrence of the item(s) claim rates, supported by proper
analysis, for the work and the Engineer-in-charge with prior
approval of CE(E) shall within one month of the receipt of the
claims supported by analysis, after giving consideration to the
analysis of the rates submitted by the contractor, determine the
rates on the basis of the market rates and the contractor shall
be paid in accordance with the rates so determined.

In the case of substituted items (items that are taken up with


partial substitution or in lieu of items of work in the contract), the
rate for the agreement item (to be substituted) and substituted
item shall also be determined in the manner as mentioned in
the following para.

Deviation, (a) If the market rate for the substituted item so determined is more
Substituted than the market rate of the agreement item (to be substituted),
Items, Pricing the rate payable to the contractor for the substituted item shall
be the rate for the agreement item (to be substituted) so
increased to the extent of the difference between the market

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rates of substituted item and the agreement item (to be


substituted).

(b) If the market rate for the substituted item so determined is less
than the market rate of the agreement item (to be substituted),
the rate payable to the contractor for the substituted item shall
be the rate for the agreement item (to be substituted) so
decreased to the extent of the difference between the market
rates of substituted item and the agreement item (to be
substituted).

Deviation, In the case of contract items, substituted items, contract cum substituted
Deviated items, which exceed the limits laid down in schedule F, the contractor
Quantities, may within fifteen days of receipt of order or occurrence of the excess,
Pricing claim revision of the rates, supported by proper analysis for the work in
excess of the above mentioned limits, provided that if the rates so
claimed are in excess of the rates specified in the schedule of quantities,
the Engineer in Charge with prior approval of CE(E) shall within one
month of receipt of the claims supported by analysis, after giving
consideration to the analysis of the rates submitted by the contractor,
determine the rates on the basis of the market rates and the contractor
shall be paid in accordance with the rates so determined.

12.3 The provisions of the preceding paragraph shall also apply to


the decrease in the rates of items for the work in excess of the
limits laid down in Schedule F, and the Chief Executive Officer
shall after giving notice to the contractor within one month of
occurrence of the excess and after taking into consideration any
reply received from him within fifteen days of the receipt of the
notice, revise the rates with prior approval of the CE(E)for the
work in question within one month of the expiry of the said
period of fifteen days having regard to the market rates.

12.4 The contractor shall send to the Engineer-in-Charge once every

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three months, an up to date account giving complete details of


all claims for additional payments to which the contractor may
consider himself entitled and of all additional work ordered by
the Engineer-in-Charge after approval of the Chief Executive
Officer which he has executed during the preceding quarter
failing which the contractor shall be deemed to have waived his
right. However, the Chief Executive Officer may authorize
consideration of such claims on merits.

12.5 For the purpose of operation of Schedule "F", the following


works shall be treated as works relating to foundation unless &
otherwise defined in the contractor:

(i) For Buildings : All works up to 1.2 metres above ground


level or up to floor 1 level whichever is lower.

(ii) For abutments, piers and well staining : All works up to 1.2
m above the bed level.

(iii) For retaining walls, wing walls, compound walls, chimneys,


over head reservoirs/tanks and other elevated structures :
All works up to 1.2 metres above the ground level.

(iv) For reservoirs/tanks (other than overhead reservoirs/tanks)


: All works up to 1.2 metres above the ground level.

(v) For basement: All works up to 1.2 m above ground level or


up to floor 1 level whichever is lower.

(vi) For Roads, all items of excavation and filling including


treatment of sub base.

12.6 Any operation incidental to or necessarily has to be in


contemplation of tenderer while filing. tender, or necessary for
proper execution of the item included in the Schedule of

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quantities or in the schedule of rates mentioned above, whether


or not specifically indicated in the description of the item and the
relevant specifications, shall be deemed to be included in the
rates quoted by the tenderer or the rate given in the said
schedule of rates, as the case may be. Nothing extra shall be
admissible for such operations.

CLAUSE 13

Foreclosure of If at any time after acceptance of the tender, NRANVP shall decide to
contract due to abandon or reduce the scope of the works for any reason whatsoever
Abandonment and hence not require the whole or any part of the works to be carried
or Reduction out, the Engineer-in-Charge shall give notice in writing to that effect to
in Scope of the contractor and the contractor shall act accordingly in the matter.
Work The contractor shall have no claim to any payment of compensation or
otherwise whatsoever, on account of any profit or advantage which he
might have derived from the execution of the works in full but which he
did not derive in consequence of the foreclosure of the whole or part of
the works.

The contractor shall be paid at contract rates, full amount for works
executed at site and, in addition, a reasonable amount as certified by
the Engineer-in-Charge for the items hereunder mentioned which could
not be utilized on the work to the full extent in view of the foreclosure;

(i) Any expenditure incurred on preliminary site work, e.g.


temporary access roads, temporary labour huts, staff quarters
and site office; storage accommodation and water storage tanks.

(ii) NRANVP shall have the option to take over contractor's


materials or any part thereof either brought to site or of which the
contractor is legally bound to accept delivery from suppliers (for
incorporation in or incidental to the work) provided, however
NRANVP shall be bound to take over the materials or such
portions thereof as the contractor does not desire to retain. For

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materials taken over or to be taken over by NRANVP, cost of


such materials as detailed by Engineer-in-Charge shall be paid.
The cost shall, however, take into account purchase price, cost
of transportation and deterioration or damage which may have
been caused to materials whilst in the custody of the contractor.

(iii) If any materials supplied by NRANVP are rendered surplus, the


same except normal wastage shall be returned by the contractor
to NRANVP at rates not exceeding those at which these were
originally issued, less allowance for any deterioration or damage
which may have been caused whilst the materials were in the
custody of the contractor. In addition, cost of transporting such
materials from site to NRANVP stores, if so required by
NRANVP, shall be paid.

(iv) Reasonable compensation for transfer of T & P from site to


contractor's permanent stores or to his other works, whichever is
less. If T & P are not transported to either of the said places, no
cost of transportation shall be payable.

(v) Reasonable compensation for repatriation of contractor's site


staff and imported labour to the extent necessary.

The contractor shall, if required by the Engineer- in-Charge, furnish to


him, books of account, wage books, time sheets and other relevant
documents and evidence as may be necessary to enable him to certify
the reasonable amount payable under this condition.

The reasonable amount of items on (i), (iv) and (v) above shall not be in
excess of 2% of the cost of the work remaining incomplete on the date
of closure, i.e. total stipulated cost of the work as per accepted tender
less the cost of work actually executed under the contract and less the
cost of contractor's materials at site taken over by the NRANVP as per
item (ii) above. Provided always that against any payments due to the
contractor on this account or otherwise, the Chief Executive Officer

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shall be entitled to recover or be credited with any outstanding


balances due from the contractor for advance paid in respect of any
tool, plants and materials and any other sums which at the date of
termination were recoverable by the NRANVP from the contractor
under the terms of the contract.

CLAUSE 14

Carrying out If contractor:


part work at
risk & cost of (i) At any time makes default during currency of work or does not
contractor execute any part of the work with due diligence and continues to
do so even after a notice in writing of 7 days in this respect from
the Engineer-in-Charge; or

(ii) Commits default in complying with any of the terms and


conditions of the contract and does not remedy it or takes
effective steps to remedy it within 7 days even after a notice in
writing is given in that behalf by the Engineer-in-Charge; or

Fails to complete the work(s) or items of work with individual dates of


completion, on or before the date(s) so determined, and does not
complete them within the period specified in the notice given in writing
in that behalf by the Engineer-in-Charge.

The Chief Executive Officer without invoking action under clause 3


may, without prejudice to any other right or remedy against the
contractor which have either accrued or accrue thereafter to NRANVP,
by a notice in writing to take the part work / part incomplete work of any
item(s) out of his hands and shall have powers to:

(a) Take possession of the site and any materials, constructional


plant, implements, stores, etc., thereon; and/or

(b) Carry out the part work / part incomplete work of any item(s) by

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any means at the risk and cost of the contractor.

The Engineer-in-Charge shall determine the amount, if any, is


recoverable from the contractor for completion of the part work/ part
incomplete work of any item(s) taken out of his hands and execute at
the risk and cost of the contractor, the liability of contractor on account
of loss or damage suffered by NRANVP because of action under this
clause shall not exceed 10% of the tendered value of the work.

In determining the amount, credit shall be given to the contractor with


the value of work done in all respect in the same manner and at the
same rate as if it had been carried out by the original contractor under
the terms of his contract, the value of contractor's materials taken over
and incorporated in the work and use of plant and machinery belonging
to the contractor. The certificate of the Engineer-in-Charge as to the
value of work done shall be final and conclusive against the contractor
provided always that action under this clause shall only be taken after
giving notice in writing to the contractor. Provided also that if the
expenses incurred by the department are less than the amount payable
to the contractor at his agreement rates, the difference shall not be
payable to the contractor.

Any excess expenditure incurred or to be incurred by NRANVP in


completing the part work/ part incomplete work of any item(s) or the
excess loss of damages suffered or may be suffered by NRANVP as
aforesaid after allowing such credit shall without prejudice to any other
right or remedy available to NRANVP in law or per as agreement be
recovered from any money due to the contractor on any account, and if
such money is insufficient, the contractor shall be called upon in writing
and shall be liable to pay the same within 30 days.

If the contractor fails to pay the required sum within the aforesaid
period of 30 days, the Chief Executive Officer shall have the right to sell
any or all of the contractors' unused materials, constructional plant,
implements, temporary building at site etc. and adjust the proceeds of

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sale thereof towards the dues recoverable from the contractor under
the contract and if thereafter there remains any balance outstanding, it
shall be recovered in accordance with the provisions of the contract.

In the event of above course being adopted by the Chief Executive


Officer, 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 advance on
any account or with a view to the execution of the work or the
performance of the contract.

CLAUSE 15

Suspension of (i) The contractor shall, on receipt of the order in writing of the
Work Engineer-in-Charge, ( which he shall issue only after written
approval of CE(E) and which decision shall be final and binding
on the contractor) suspend the progress of the works or any part
thereof for such time and in such manner as the CE(E) may
consider necessary so as not to cause any damage or injury to
the work already done or endanger the safety thereof for any of
the following reasons:

(a) on account of any default on the part of the contractor or;

(b) for proper execution of the works or part thereof for reasons
other than the default of the contractor; or

(c) for safety of the works or part thereof.

The contractor shall, during such suspension, properly protect and


secure the works to the extent necessary and carry out the instructions
given in that behalf by the CE(E).

(ii) If the suspension is ordered for reasons (b) and (c) in sub-para
(i) above:

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(a) the contractor shall be entitled to an extension of time equal to


the period of every such suspension PLUS 25%, for completion
of the item or group of items of work for which a separate period
of completion is specified in the contract and of which the
suspended work forms a part, and;

(b) If the total period of all such suspensions in respect of an item or


group of items or work for which a separate period of completion
is specified in the contract exceeds thirty days, the contractor
shall, in addition, be entitled to such compensation as the CE(E)
may consider reasonable in respect of salaries and/or wages
paid by the contractor to his employees and labour at site,
remaining idle during the period of suspension, adding thereto
2% to cover indirect expenses of the contractor provided the
contractor submits his claim supported by details to the CE(E)
within fifteen days of the expiry of the period of 30 days.

(iii) If the works or part thereof is suspended on the orders of the


CE(E) for more than three months at a time, except when
suspension is ordered for reason (a) in sub-para (i) above, the
contractor may after receipt of such order serve a written notice
on the CE(E) requiring permission within fifteen days from
receipt by the CE(E) of the said notice, to proceed with the work
or part thereof in regard to which progress has been suspended
and if such permission is not granted within that time, the
contractor, if he intends to treat the suspension, where it affects
only a part of the works as an omission of such part by NRANVP
or where it affects whole of the works, as an abandonment of the
works by NRANVP, shall within ten days of expiry of such period
of 15 days give notice in writing of his intention to the CE(E). In
the event of the contractor treating the suspension as an
abandonment of the contract by NRANVP, he shall have no
claim to payment of any compensation on account of any profit

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or advantage which he might have derived from the execution of


the work in full but which he could not derive in consequence of
the abandonment. He shall, however, be entitled to such
compensation, as the CE (E) may consider reasonable, in
respect of salaries and/or wages paid by him to his employees
and labour at site, remaining idle in consequence adding to the
total thereof 2% to cover indirect expenses of the contractor
provided the contractor submits his claim supported by details to
the CE (E) within 30 days of the expiry of the period of 3 months.

Provided, further, that the contractor shall not be entitled to claim


any compensation from NRANVP for the loss suffered by him on
account of delay by NRANVP in the supply of materials in
schedule 'B' where such delay is covered by difficulties relating
to the supply of wagons, force majeure including non-allotment
of such materials by controlling authorities, acts of God, acts of
enemies of the state/country or any reasonable cause beyond
the control of the NRANVP.

CLAUSE 16

Action in case All works under or in course of execution or executed in pursuance of


work not done the contract, shall at all times be open and accessible to the inspection
as per and supervision of the Engineer-ln-charge, his authorized subordinates
Specifications in charge of the work and all the superior officers, or any officer
organization engaged by the NRANVP for Quality Assurance and of the
Chief Technical Examiner's Office, and the contractor shall, at all times,
during the usual working hours and at all other times at which
reasonable notice of the visit of during the usual working hours and at
all other times at which reasonable notice of the visit of such officers
has been given to the contractor, either himself be present to receive
orders and instructions or have a responsible agent duly accredited in
writing, present for that purpose. Orders given to the Contractor's agent
shall be considered to have the same force as if they had been given to

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the contractor himself.

If it shall appear to the Engineer-in-charge or his authorized


subordinates incharge of the work or to the or the officers of the
organization engaged by the NRANVP for Quality Assurance or to the
Chief Technical Examiner or his subordinate officers, that any work has
been executed with unsound, imperfect, or unskillful workmanship, or
with materials or articles provided by him for the execution of the work
which are unsound or of a quality inferior to that contracted or
otherwise not in accordance with the contract, the contractor shall, on
demand in writing which shall be made within twelve months (six
months in the case of work costing Rs. 10 Lac and below except road
work) of the completion of the work from the Engineer-in-Charge
specifying the work, materials or articles complained of notwithstanding
that the same may have been 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 charge and cost. In the event of the
failing to do so within a period specified by the Engineer-in- Charge in
his demand aforesaid, then the contractor shall be liable to pay
compensation at the same rate as under clause 2 of the contract (for
non-completion of the work in time) for this default.

In such case the Engineer-in-Charge may not accept the item of work
at the rates applicable under the contract but may accept such items at
reduced rates as the authority specified in schedule 'F' may consider
reasonable during the preparation of on account bills or final bill if
the item is so acceptable without detriment to the safety and
utility of the item and the structure or he may reject the work outright
without any payment and/or get it and other connected and incidental
items rectified, or removed and re-executed at the risk and cost of the
contractor. Decision of the Engineer-in-Charge to be conveyed in
writing in respect of the same will be final and binding on the contractor.

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CLAUSE 17

Contractor If the contractor or his working people or servants shall break, deface,
Liable for injure or destroy any part of building in which they may be working, or
Damages, any building, road, road kerb, fence, enclosure, water pipe, cables,
defects during drains, electric or telephone post or wires, trees, grass or grassland, or
maintenance cultivated ground contiguous to the premises on which the work or any
period part is being executed, or if any damage shall happen to the work while
in progress, from any cause whatever or if any defect, shrinkage or
other faults appear in the work within Twenty four months (Twelve
months in the case of work costing Rs. Ten lacs and below except road
work) after a certificate final or otherwise of its completion shall have
been given by the Engineer-in-Charge as aforesaid arising out of defect
or improper materials or workmanship the contractor shall upon receipt
of a notice in writing on that behalf make the same good at his own
expense or in default the Engineer-in-Charge cause the same to be
made good by other workmen and deduct the expense from any sums
that may be due or at any time thereafter may become due to the
contractor, or from his security deposit or the proceeds of sale thereof
or of a sufficient portion thereof. The security deposit of the contractor
shall not be refunded before the expiry of twelve months (six months in
the case of work costing Rs. Ten lacs and below except road work)
after the issue of the certificate final or otherwise, of completion of
work, or till the final bill has been prepared and passed whichever is
later. Provided that in the case of road work, if in the opinion of the
Engineer-in-Charge, half of the security deposit is sufficient, to meet all
liabilities of the contractor under this contract, half of the security
deposit will be refundable after six months and the remaining half after
twelve months of the issue of the said certificate of completion or till the
final bill has been prepared and passed whichever is later.

In case of Maintenance and Operation works of E&M services, the


security deposit deducted from contractors shall be refunded within one
month from the date of final payment or within one month from the date

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of completion of the maintenance contract whichever is earlier.

CLAUSE 18

The contractor shall provide at his own cost all materials (except such
special materials, if any, as may in accordance with the contract be
supplied from the Engineer-in-Charge's stores), machinery, tools &
plants as specified in schedule F. In addition to this, appliances,
implements, other plants, ladders, cordage, tackle, scaffolding and
temporary works required for the proper execution of the work, whether
original, altered or substituted and whether included in the
specifications 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 as 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, and counting, weighing and assisting the measurement for
examination at any time and from time to time of the work or materials.
Failing his so 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 this contract or
otherwise and/or from his security deposit or the proceeds of sale
thereof, or of a sufficient portions thereof.

CLAUSE 18 A

Recovery of In every case in which by virtue of the provisions sub-section (1) of


Compensation Section 12, of the Workmen's Compensation Act, 1923, NRANVP is
paid to obliged to pay compensation to a workman employed by the
Workmen contractor, in execution of the works, NRANVP will recover from the
contractor, the amount of the compensation so paid; and, without
prejudice to the rights of the NRANVP under sub-section (2) of Section

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12, of the said Act, NRANVP shall be at liberty to recover such


amount or any part thereof by deducting it from the security deposit
or from any sum due by NRANVP to the contractor whether under this
contract or otherwise. NRANVP shall not be bound to contest any claim
made against it under sub-section (1) of Section 12, of the said Act,
except on the written request of the contractor and upon his giving to
NRANVP full security for all costs for which NRANVP might become
liable in consequence of contesting such claim.

CLAUSE 18 B

Ensuring ln every case in which by virtue of the provisions of the Contract Labour
Payment and (Regulation and Abolition) Act, 1970, and of the Contract Labour
Amenities to (Regulation and Abolition) Central Rules, 1971, Government is obliged
Workers if to pay any amounts of wages to a workman employed by the contractor
Contractor in execution of the works, or to incur any expenditure in providing
fails welfare and health amenities required to be provided under the above
said Act and the rules under Clause 19H or under the Contractor's
Labour Regulations, or under the Rules framed by Government from
time to time for the protection of health and sanitary arrangements for
workers employed by Contractors, NRANVP will recover from the
contractor, the amount of wages so paid or the amount of expenditure
so incurred; and without prejudice to the rights of the NRANVP under
sub-section(2) of Section 20, and sub-section (4) of Section 21, of the
Contract Labour (Regulation and Abolition) Act, 1970, NRANVP shall
be at liberty to recover such amount or any part thereof by deducting it
from the security deposit or from any sum due by NRANVP to the
contractor whether under this contract or otherwise NRANVP shall not
be bound to contest any claim made against it under sub-section (1) of
Section 20, sub-section (4) of Section 21, of the said Act, except on the
written request of the contractor and upon his giving to the NRANVP
full security for all costs for which NRANVP might become liable in
contesting such claim.

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CLAUSE 19

Labour Laws The contractor shall obtain a valid licence under the Contract Labour
to be complied (R&A) Act, 1970, and the Contract Labour (Regulation and Abolition)
by the Central Rules, 1971, before the commencement of the work, and
Contractor continue to have a valid license until the completion of the work. The
contractor shall also abide by the provisions of the Child Labour
(Prohibition and Regulation) Act, 1986.

The contractor shall also comply with the provisions of the building and
other Construction Workers (Regulation of Employment & Conditions of
Service) Act, 1996 and the building and other Construction Workers
Welfare Cess Act, 1996.

Any failure to fulfill these requirements shall attract the penal provisions
of this contract arising out of the resultant non-execution of the work.

CLAUSE 19 A

No labour below the age of fourteen years shall be employed on the


work.

CLAUSE 19 B

Payment of Payment of wages:


Wages
(i) The contractor shall pay to labour employed by him either
directly or through subcontractors, wages not less than fair
wages as defined in the Contractor's Labour Regulations or
as per the provisions of the Contract Labour (Regulation and
Abolition) Act, 1970 and the contract Labour (Regulation and
Abolition) Central Rules, 1971, wherever applicable.

(ii) The contractor shall, notwithstanding the provisions of any


contract to the contrary, cause to be paid fair wage to labour
indirectly engaged on the work, including any labour engaged by

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his sub-contractors in connection with the said work, as if the


labour had been immediately employed by him.

(iii) In respect of all labour directly or indirectly employed in the


works for performance of the contractor's part of this contract,
the contractor shall comply with or cause to be complied with the
contractor's Labour Regulations made by Government from
time to time in regard to payment of wages, wage period,
deductions from wages recovery of wages not paid and
deductions unauthorizedly made, maintenance of wage books or
wage slips, publication of scale of wages and other terms of
employment, inspection and submission of periodical returns
and all other matters of the like nature or as per the provisions of
the Contract Labour (Regulation and Abolition) Act, 1970,
and the Contract Labour (Regulation and Abolition) Central
Rules, 1971, wherever applicable.

(iv) (a) The Engineer-in-Charge concerned shall have the right to


deduct from the moneys due to the contractor any sum
required or estimated to be required for making good the
loss suffered by a worker or workers by reason of non-
fulfillment of the conditions of the contract for the benefit
of the workers, non-payment of wages or of deductions
made from his or their wages which are not justified by
their terms of the contract or non-observance of the
Regulations.

(b) Under the provision of Minimum Wages (Central) Rules,


1950, the contractor is bound to allow to the labours
directly or indirectly employed in the works one day rest
for 6 days continuous work and pay wages at the same
rate as for duty. In the event of default, the Engineer-in-
Charge shall have the right to deduct the sum or sums not
paid on account of wages for weekly holidays to any

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labours and pay the same to the persons entitled thereto


from any money due to the contractor by the Engineer-in-
Charge concerned.

(v) The contractor shall comply with the provisions of the Payment
of Wages Act, 1936, Minimum Wages Act, 1948, Employees
Liability Act, 1938, Workmen's Compensation Act, 1923,
Industrial Disputes Act, 1947, Maternity Benefits Act, 1961, and
the Contractor's Labour (Regulation and Abolition) Act 1970, or
the modifications thereof or any other laws relating thereto and
the rules made there under from time to time.

(vi) The contractor shall indemnify and keep indemnified NRANVP


against payments to be made under and for the observance of
the laws aforesaid and the Contractor's Labour Regulations
without prejudice to his right to claim indemnity from his sub-
contractors.

(vii) The laws aforesaid shall be deemed to be a part of this contract


and any breach thereof shall be deemed to be a breach of this
contract.

(viii) Whatever is the minimum wage for the time being, or if the wage
payable is higher than such wage, such wage shall be paid by
the contractor to the workmen directly without the intervention of
Jamadar and that Jamadar shall not be entitled to deduct or
recover any amount from the minimum wage payable to the
workmen as and by way of commission or otherwise.

CLAUSE 19 C

In respect of all labour directly or indirectly employed in the work for the
performance of the contractor's part of this contract, the contractor shall
at his own expense arrange for the safety provisions as per Safety Code
framed from time to time and shall at his own expense provide for all

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facilities in connection therewith. In case the contractor fails to make


arrangement and provide necessary facilities as aforesaid, he shall be
liable to pay a penalty as may be decided by the CE (E) not exceeding
Rs. 5,000/- for each default and in addition, the Engineer-in- Charge
shall be at liberty to make arrangement and provide facilities as
aforesaid and recover the costs incurred in that behalf from the
contractor.

CLAUSE 19 D-Deleted

CLAUSE 19 E-Deleted

CLAUSE 19 G-Deleted

CLAUSE 19 H-Deleted

CLAUSE 19 I-Deleted

CLAUSE 19 J-Deleted

CLAUSE 19 K

Employment of The contractor shall, at all stages of work, deploy skilled/semi skilled
skilled/semi tradesmen who are qualified and possess certificate in particular trade
skilled from Chhattisgarh Nirman Academy NRANVP Training
workers Institute/Industrial Training Institute/National Institute of construction
Management and Research (NICMAR)/ National Academy of
Construction, CIDC or any similar reputed and recognized Institute
managed/ certified by State/Central Government. The number of such
qualified tradesmen shall not be less than 20% of total skilled/semi
skilled workers required in each trade at any stage of work. The
contractor shall submit number of man days required in respect of each
trade, its scheduling and the list of qualified tradesmen along with
requisite certificate from recognized Institute to Engineer in charge for
approval. Notwithstanding such approval, if the tradesmen are found to
have inadequate skill to execute the work of respective trade, the
contractor shall substitute such tradesmen within two days of written

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notice from Engineer-in-Charge. Failure on the part of contractor to


obtain approval of Engineer-in-Charge or failure to deploy qualified
tradesmen will attract a compensation to be paid by contractor at the
rate of Rs. 100 per such tradesman per day. Decision of Engineer in
Charge as to whether particular tradesman possesses requisite skill
and amount of compensation in case of default shall be final and
binding.

Provided always, that the provisions of this clause, shall not be


applicable for works with estimated cost put to tender being less than Rs.
5 crores.

CLAUSE 20

Minimum The contractor shall comply with all the provisions of the Minimum
Wages Act to Wages Act, 1948, and Contract Labour (Regulation and Abolition) Act,
be Complied 1970, amended from time to time and rules framed thereunder and
with other labour laws affecting contract labour that may be brought into
force from time to time.

CLAUSE 21

Work not to be The contract shall not be assigned or sublet without the written
sublet Action approval of the Chief Executive Officer. And if the contractor shall
in case of assign or sublet his contract, or attempt to do so, or become insolvent
insolvency or commence any insolvency proceedings or make any composition with
his creditors or attempt to do so, or if any bribe, gratuity, gift, 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 agent to any public officer or person in the
employ of Government or NRANVP in any way relating 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 Chief Executive
Officer on behalf of the Nava Raipur Atal Nagar Vikas Pradhikaran
shall have power to adopt the course specified in Clause 3 hereof in the

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interest of Government or NRANVP and in the event of such course


being adopted, the consequences specified in the said Clause 3 shall
ensue.

CLAUSE 22

All sums payable by way of compensation under any of these


conditions shall be considered as reasonable compensation to be
applied to the use of NRANVP without reference to the actual loss or
damage sustained and whether or not any damage shall have been
sustained.

CLAUSE 23

Changes in Where the contractor is a partnership firm, the previous approval in


firm’s writing of the Chief Executive Officer shall be obtained before any
Constitution to change is made in the constitution of the firm. Where the contractor is
be intimated an individual or a Hindu undivided family business concern, such
approval as aforesaid shall likewise be obtained before the contractor
enters into any partnership agreement where under the partnership firm
would have the right to carry out the works hereby undertaken by the
contractor. If previous approval as aforesaid is not obtained, the
contract shall be deemed to have been assigned in contravention of
Clause 21 hereof and the same action may be taken, and the same
consequences shall ensue as provided in the said Clause 21.

CLAUSE 24

All works to be executed under the contract shall be executed under


the direction and subject to the approval in all respects of the Engineer-
in-Charge 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.

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CLAUSE 25

Settlement of Except where otherwise provided in the contract, all questions and
disputes & disputes relating to the meaning of the specifications, design, drawings
Arbitration and instructions here-in before mentioned and as to the quality of
workmanship or materials used on the work or as to any other
question, claim, right, matter or thing whatsoever in any way arising out
of or relating to the contract, designs, drawings, specifications,
estimates, instructions, 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
cancellation, termination, completion or abandonment thereof shall be
dealt with as mentioned hereinafter:

(i) If the contractor considers any work demanded of him to be


outside the requirements of the contract, or disputes any
drawings, record or decision given in writing by the Engineer-in-
Charge on any matter in connection with or arising out of the
contract or carrying out of the work, to be unacceptable, he shall
promptly within 15 days request the CE (E) in writing for written
instruction or decision. Thereupon, the CE (E) shall give his
written instructions or decision within a period of one month from
the receipt of the contractor's letter.

If the CE(E) fails to give his instructions or decision in writing


within the aforesaid period or if the contractor is dissatisfied with
the instructions or decision of the CE(E), the contractor may,
within 15 days of the receipt of CE(E) decision, appeal to the
Chief Executive Officer who shall afford an opportunity to the
contractor to be heard, if the latter so desires, and to offer
evidence in support of his appeal. The Chief Executive Officer
shall give his decision within 30 days of receipt of contractor's
appeal. If the contractor is dissatisfied with this decision, the
contractor shall within a period of 30 days from receipt of the

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decision, give notice to the Chairman NRANVP for appointment


of arbitrator on prescribed proforma as per Appendix XV, failing
which the said decision shall be final binding and conclusive and
not referable to adjudication by the arbitrator.

(ii) Except where the decision has become final, binding and
conclusive in terms of Sub Para (i) above, disputes or difference
shall be referred for adjudication through arbitration by a sole
arbitrator appointed by the Chairman ,NRANVP, If the arbitrator
so appointed is unable or unwilling to act or resigns his
appointment or vacates his office due to any reason whatsoever,
another sole arbitrator shall be appointed in the manner
aforesaid. Such person shall be entitled to proceed with the
reference from the stage at which it was left by his predecessor.

It is a term of this contract that the party invoking arbitration shall


give a list of disputes with amounts claimed in respect of each
such dispute along with the notice for appointment of arbitrator
and giving reference to the rejection by the Chief Executive
Officer of the appeal.

It is also a term of this contract that no person, other than a


person appointed by the Chairman NRANVP, NRANVP as
aforesaid, should act as arbitrator and if for any reason that is
not possible, the matter shall not be referred to arbitration at all.

It is also a term of this contract that if the contractor does not


make any demand for appointment of arbitrator in respect of any
claims in writing as aforesaid within 120 days of receiving the
intimation from the Engineer-in-charge that the final bill is ready
for payment, the claim of the contractor shall be deemed to have
been waived and absolutely barred and the NRANVP shall be
discharged and released of all liabilities under the contract in
respect of these claims.

The arbitration shall be conducted in accordance with the

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provisions of the Arbitration and Conciliation Act, 1996 (26 of


1996) or any statutory modifications or re-enactment thereof and
the rules made thereunder and for the time being in force shall
apply to the arbitration proceeding under this clause.

It is also a term of this contract that the arbitrator shall adjudicate


on only such disputes as are referred to him by the appointing
authority and give separate award against each dispute and
claim referred to him and in all cases where the total amount of
the claims by any party exceeds Rs. 1,00,000/-, the arbitrator
shall give reasons for the award.

It is also a term of the contract that if any fees are payable to the
arbitrator, these shall be paid equally by both the parties.

It is also a term of the contract that the arbitrator shall be


deemed to have entered on the reference on the date he issues
notice to both the parties calling them to submit their statement
of claims and counter statement of claims. The venue of the
arbitration shall be such place as may be fixed by the arbitrator
in his sole discretion. The fees, if any, of the arbitrator shall, if
required to be paid before the award is made and published, be
paid half and half by each of the parties. The cost of the
reference and of the award (including the fees, if any, of the
arbitrator) shall be in the discretion of the arbitrator who may
direct to any by whom and in what manner, such costs or any
part thereof shall be paid and fix or settle the amount of costs to
be so paid.

CLAUSE 26

Contractor to The contractor shall fully indemnify and keep indemnified the Nava
indemnify Raipur Atal Nagar Vikas Pradhikaran against any action, claim or
NRANVP proceeding relating to infringement or use of any patent or design or
against Patent any alleged patent or design rights and shall pay any royalties which
may be payable in respect of any article or part thereof included in the

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Rights contract. In the event of any claims made under or action brought
against NRANVP in respect of any such matters as aforesaid, the
contractor shall be immediately notified thereof and the contractor shall
be at liberty, at his own expense, to settle any dispute or to conduct
any litigation that may arise therefrom, provided that the contractor
shall not be liable to indemnify the Nava Raipur Atal Nagar Vikas
Pradhikaran if the infringement of the patent or design or any alleged
patent or design right is the direct result of an order passed by the
Engineer-in-Charge in this behalf.

CLAUSE 27

Lumpsum When the estimate on which a tender is made includes lump sum in
Provisions in respect of parts of the work, the contractor shall be entitled to payment
Tender in respect of the items of work involved or the part of the work in
question at the same rates as are payable under this contract for such
items, or if the part of the work in question is not, in the opinion of the
Engineer-in-Charge payable of measurement, the Engineer-in-Charge
may at his discretion pay the lump-sum amount entered in the estimate,
and the certificate in writing of the Engineer-in-Charge shall be final and
conclusive against the contractor with regard to any sum or sums
payable to him under the provisions of the clause.

CLAUSE 28

Action where In the case of any class of work for which there is no such
no specifications as referred to in Clause 11, such work shall be carried
Specifications out in accordance with the Bureau of Indian Standards Specifications.
are specified In case there are no such specifications in Bureau of Indian Standards,
the work shall be carried out as per manufacturers' specifications, if not
available then as per District Specifications. In case there are no such
specifications as required above, the work shall be carried out in all
respects in accordance with the instructions and requirements of the
Engineer-in-Charge.

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CLAUSE 29

Withholding (i) Whenever any claim or claims for payment of a sum of money
and lien in arises out of or under the contract or against the contractor, the
respect of sum Engineer-in-Charge or the NRANVP shall be entitled to withhold
due from and also have a lien to retain such sum or sums in whole or in
contractor part from the security, if any deposited by the contractor and for
the purpose aforesaid, the Engineer-in-Charge or the NRANVP
shall be entitled to withhold the security deposit, if any,
furnished as the case may be and also have a lien over the
same pending finalization or adjudication of any such claim. In
the event of the security being insufficient to cover the claimed
amount or amounts or if no security has been taken from the
contractor, the Engineer-in-Charge or the NRANVP shall be
entitled to withhold and have a lien to retain to the extent of such
claimed amount or amounts referred to above, from any sum or
sums found payable or which may at any time thereafter become
payable to the contractor under the same contract or any other
contract with the Engineer-in-Charge of the NRANVP or any
contracting person through the Engineer- in-Charge pending
finalization of adjudication of any such claim.

It is an agreed term of the contract that the sum of money or


moneys so withheld or retained under the lien referred to above
by the Engineer-in-Charge or NRANVP will be kept withheld or
retained as such by the Engineer-in-Charge or NRANVP till the
claim arising out of or under the contract is determined by the
arbitrator(if the contract is governed by the arbitration clause) by
the competent court, as the case may be and that the contractor
will have no claim for interest or damages whatsoever on any
account in respect of such withholding or retention under the lien
referred to above and duly notified as such to the contractor. For
the purpose of this clause, where the contractor is a partnership
firm or a limited company, the Engineer-in-Charge or the

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NRANVP shall be entitled to withhold and also have a lien to


retain towards such claimed amount or amounts in whole or in
part from any sum found payable to any partner/limited company
as the case may be, whether in his individual capacity or
otherwise.

(ii) NRANVP shall have the right to cause an audit and technical
examination of the works and the final bills of the contractor
including all supporting vouchers, abstract, etc., to be made after
payment of the final bill and if as a result of such audit and
technical examination any sum is found to have been overpaid in
respect of any work done by the contractor under the contract or
any work claimed to have been done by him under the contract
and found not to have been executed, the contractor shall be
liable to refund the amount of over-payment and it shall be lawful
for NRANVP to recover the same from him in the manner
prescribed in sub-clause (i) of this clause or in any other manner
legally permissible; and if it is found that the contractor was paid
less than what was due to him under the contract in respect of
any work executed by him under it, the amount of such under
payment shall be duly paid by NRANVP to the contractor,
without any interest thereon whatsoever.

Provided that the NRANVP shall not be entitled to recover any


sum overpaid, nor the contractor shall be entitled to payment of
any sum paid short where such payment has been agreed upon
between the Engineer –in Charge on the one hand and the
contractor on the other under any term of the contract permitting
payment for work after assessment by the Engineer-in-Charge.

CLAUSE 29 A

Lien in respect Any sum of money due and payable to the contractor (including the
of claims in security deposit returnable to him) under the contract may be withheld
other or retained by way of lien by the Engineer-in-Charge or the NRANVP or

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Contracts any other contracting person or persons through NRANVP against any
claim of the Engineer-in-Charge or NRANVP or such other person or
persons in respect of payment of a sum of money arising out of or
under any other contract made by the contractor with the Engineer- in-
Charge or the NRANVP or with such other person or persons.

It is an agreed term of the contract that the sum of money so withheld


or retained under this clause by the Engineer-in-Charge or the
NRANVP will be kept withheld or retained as such by the Engineer-in-
Charge or the NRANVP or till his claim arising out of the same contract
or any other contract is either mutually settled or determined by the
arbitration clause or by the competent court, as the case may be and
that the contractor shall have no claim for interest or damages
whatsoever on this account or on any other ground in respect of any
sum of money withheld or retained under this clause and duly notified
as such to the contractor.

CLAUSE 30- Deleted

CLAUSE 31

Unfiltered The contractor(s) shall make his/their own arrangements for water
Water Supply required for the work and nothing extra will be paid for the same. This
will be subject to the following conditions.

(i) That the water used by the contractor(s) shall be fit for
construction purposes to the satisfaction of the Engineer-in-
Charge.

(ii) The Engineer-in-Charge shall make alternative arrangements for


supply of water at the risk and cost of contractor(s) if the
arrangements made by the contractor(s) for procurement of
water are in the opinion of the Engineer-in- Charge,
unsatisfactory.

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CLAUSE 31 A

Departmental Water if available may be supplied to the contractor by the department


Water Supply, subject to the following conditions:-
if available
(i) The water charges @ 1 % shall be recovered on gross amount
of the work done.

(ii) The contractor(s) shall make his/their own arrangement of water


connection and laying of pipelines from existing main of source
of supply.

(iii) The NRANVP do not guarantee to maintain uninterrupted supply


of water and it will be incumbent on the contractor(s) to make
alternative arrangements for water at his/ their own cost in the
event of any temporary break down in the NRANVP water
supply so that the progress of his/their work is not held up for
want of water. No claim of damage or refund of water charges
will be entertained on account of such break down.

CLAUSE 32

Alternate water (i) Where there is no piped water supply arrangement and the
arrangements water is taken by the contractor from the wells or hand pump
tube well constructed by the NRANVP, no charge shall be
recovered from the contractor on that account. The contractor
shall, however, draw water at such hours of the day that it does
not interfere with the normal use for which the hand pumps and
wells are intended. He will also be responsible for all damage
and abnormal repairs arising out of his use, the cost of which
shall be recoverable from him. The CE (E) shall be the final
authority to determine the cost recoverable from the contractor
on this account and his decision shall be binding on the
contractor.

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(ii) The contractor shall be allowed to construct temporary wells and


/or tube well in NRANVP land for taking water for construction
purposes only after he has got permission of the Engineer-in-
Charge in writing. No charges shall be recovered from the
contractor on this account, but the contractor shall be required to
provide necessary safety arrangements to avoid any accidents
or damage to adjacent buildings, roads and service lines. He
shall be responsible for any accidents or damage caused due to
construction and subsequent maintenance of the wells and he
should handover to NRANVP in good working condition with free
of cost.

CLAUSE 33

Return of Notwithstanding anything contained to the contrary in this contract,


Surplus where any materials for the execution of the contract are procured with
materials the assistance of NRANVP purchase made under orders or permits or
licences issued by Government, the contractor shall hold the said
materials economically and solely for the purpose of the contract and
not dispose of them without the written permission of the NRANVP and
return, if required by the Engineer-in-Charge, all surplus or
unserviceable materials that may be left with him after the completion
of the contract or at its termination for any reason whatsoever on being
paid or credited such price as the Engineer-in-Charge shall determine
having due regard to the condition of the materials. The price allowed
to the contractor however shall not exceed the amount charged to him
excluding the element of storage charges. The decision of the
Engineer-in-Charge shall be final and conclusive. In the event of breach
of the aforesaid condition, the contractor shall in addition to throwing
himself open to action for contravention of the terms of the licence or
permit and/or for criminal breach of trust, be liable to NRANVP for all
moneys, advantages or profits resulting or which in the usual course
would have resulted to him by reason of such breach.

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CLAUSE 34 Deleted

CLAUSE 35 – Deleted

CLAUSE 36

Employment of Contractors Superintendence, Supervision, Technical Staff &


Technical Staff Employees
and
employees (i) The contractor shall provide all necessary superintendence
during execution of the work and all along thereafter as may be
necessary for proper fulfilling of the obligations under the
contract.

The contractor shall immediately after receiving letter of


acceptance of the tender and before commencement of the
work, intimate in writing to the Engineer-in-Charge, the name(s),
qualifications, experience, age, address(s) and other particulars
along with certificates, of the principal technical representative to
be in charge of the work and other technical representative(s)
who will be supervising the work. Minimum requirement of such
technical representative(s) and their qualifications and
experience shall not be lower than specified in Schedule 'F'. The
Engineer-in-Charge shall within 3 days of receipt of such
communication intimate in writing his approval or otherwise of
such a representative(s) to the contractor. Any such approval
may at any time be withdrawn and in case of such withdrawal,
the contractor shall appoint another such representative(s)
according to the provisions of this clause. Decision of the tender
accepting authority shall be final and binding on the contractor in
this respect. Such a principal technical representative and other
technical representative(s) shall be appointed by the contractor
soon after receipt of the approval from Engineer-in-charge and

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shall be available at site before start of work.

All the provisions applicable to the principal technical


representative under this agreement will also be applicable to
other technical representative(s) The principal technical
representative and other technical representative(s) shall be
present at the site of work for supervision at all times when any
construction activity is in progress and also present
himself/themselves, as required, to the Engineer-in-Charge
and/or his designated representative to take instructions.
Instructions given to the principal technical representative or
other technical representative(s) shall be deemed to have the
same force as if these have been given to the contractor. The
principal technical representative and other technical
representative(s) shall be actually available the decision of the
Engineer-in-Charge as recorded in the site order book and
measurement recorded checked/test checked in Measurement
Books shall be final and binding on the contractor. Further if the
contractor fails to appoint suitable technical Principal technical
representative and/or other technical representative(s) and if
such appointed persons are not effectively present or are absent
by more than two days without duly approved substitute or do
not discharge their responsibilities satisfactorily, the Engineer-in-
Charge shall have full powers to suspend the execution of the
work until such date as suitable other technical representative(s)
is/are appointed and the contractor shall be held responsible for
the delay so caused to the work. The contractor shall submit a
certificate of employment of the technical representative(s)
alongwith every on account bill/ final bill and shall produce
evidence if at any time so required by the Engineer-in-Charge.at
site fully during all stages of execution of work, during
recording/checking/test checking of measurements of works and
whenever so required by the Engineer-in-Charge and shall also
note down instructions conveyed by the Engineer-in- Charge or

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his designated representative(s) in the site order book and shall


affix his/their signature in token of noting down the instructions
and in token of acceptance of measurements/ checked
measurements/test checked measurements. The
representative(s) shall not look after any other work. Substitutes,
duly approved by Engineer-in-Charge of the work in similar
manner as aforesaid shall be provided in event of absence of
any of the representative(s) by more than two days.

If the Engineer-in-Charge, whose decision in this respect is final


and binding on the contractor, is convinced that no such
technical representative(s) is/are effectively appointed or is/are
effectively attending or fulfilling the provision of this clause, a
recovery (non-refundable) shall be effected from the contractor as
specified in Schedule 'F' and

The contractor shall pay all quarry, Royalty charges etc. If the
(ii)
contractor fails to produce the royalty clearance certificate from
concerned department then the CEO shall deduct the royalty
charges from his bills and keep in deposit head, which shall be
refunded to the contractor on production of royalty clearance
certificate from the concerned department. If he fails to produce
the royalty clearance certificate with in 30 days of submission of
final bill, then royalty charges which was keep under deposit
head by the CEO shall be deposited to the concerned
department and his final bill payment shall be released.
Any change in the royalty rates of minor minerals notified by the
state after the date of submission of financial offer by the
bidder/contractor, then this increase/decrease in the rates shall
be reimbursed/deducted on actual basis.

The contractor shall provide and employ skilled, semiskilled and


unskilled labour as is necessary for proper and timely execution
of the work.

The Engineer-in-Charge shall be at liberty to object to and

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require the contractor to remove from the works any person who
in his opinion misconducts himself, or is incompetent or
negligent in the performance of his duties or whose employment
is otherwise considered by the Engineer-in-Charge to be
undesirable. Such person shall not be employed again at works
site without the written permission of the Engineer-in-Charge
and the persons so removed shall be replaced as soon as
possible by competent substitutes.

CLAUSE 37

Levy/Taxes (i) Sales Tax/VAT (except Service Tax), Building and other
payable by Construction Workers Welfare Cess or any other tax or Cess in
Contractor respect of this contract shall be payable by the contractor and
NRANVP shall not entertain any claim whatsoever in this
respect. However, in respect of service tax, same shall be paid
by the contractor to the concerned department on demand and it
will be reimbursed to him by the NRANVP after satisfying that it
has been actually and genuinely paid by the contractor.

(ii) The contractor shall deposit royalty and obtain necessary permit
for supply of the red bajri, stone, kankar, etc. from local
authorities.

If pursuant to or under any law, notification or order any royalty, cess or


the like becomes payable by the NRANVP and does not any time
become payable by the contractor to the State Government, Local
authorities in respect of any material used by the contractor in the
works, then in such a case, it shall be lawful to the NRANVP and it will
have the right and be entitled to recover the amount paid in the
circumstances as aforesaid from dues of the contractor.

CLAUSE 38

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Conditions for (i) All tendered rates shall be inclusive of all taxes and levies
reimbursement (except Service Tax) payable under respective statutes.
of levy/taxes if However, if any further tax or levy or cess is imposed by Statute,
levied after after the last stipulated date for the receipt of tender including
receipt of extensions if any and the contractor thereupon necessarily and
tenders properly pays such taxes/levies/cess, the contractor shall be
reimbursed the amount so paid, provided such payments, if any,
is not, in the opinion of the CE(E)(whose decision shall be final
and binding on the contractor) attributable to delay in execution
of work within the control of the contractor.

(ii) The contractor shall keep necessary books of accounts and


other documents for the purpose of this condition as may be
necessary and shall allow inspection of the same by a duly
authorized representative of the NRANVP and/or the Engineer-
in-Charge and shall also furnish such other
information/document as the Engineer-in-Charge may require
from time to time.

(iii) The contractor shall, within a period of 30 days of the imposition


of any such further tax or levy or cess, give a written notice
thereof to the Engineer-in-charge that the same is given
pursuant to this condition, together with all necessary
information relating thereto.

CLAUSE 39

Termination of Without prejudice to any of the rights or remedies under this contract, if
Contract on the contractor dies, the Chief Executive Officer on behalf of the
death of NRANVP shall have the option of terminating the contract without
contractor compensation to the contractor.

CLAUSE 40

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If relative The contractor shall not be permitted to tender for works in the his near
working in relative is posted as an officer in any capacity between the grades of
NRANVP then the Chief Executive officer to Sub Engineer and Junior Engineer (both
the contractor inclusive). He shall also intimate the names of persons who are working
not allowed to with him in any capacity or are subsequently employed by him and who
tender are near relatives to any officer in NRANVP. Any breach of this
condition by the contractor would render him liable to be debarred from
tendering in NRANVP for any breach of this condition.

NOTE: By the term "near relatives" is meant wife, husband, parents


and grandparents, children and grand children, brothers and sisters,
uncles, aunts and cousins and their corresponding in-laws.

CLAUSE 41

No Engineer to No engineer employed in NRANVP engineering or administrative duties


work as in NRANVP shall work as a contractor or employee of a contractor for a
Contractor period of one year after his retirement from NRANVP service without
within one the previous permission of NRANVP in writing. This contract is liable to
year of be cancelled if either the contractor or any of his employees is found at
retirement any time to be such a person who had not obtained the permission of
NRANVP as aforesaid, before submission of the tender or engagement
in the contractor's service, as the case may be.

CLAUSE 42-Deleted

CLAUSE 43

Compensation The work (whether fully constructed or not) and all materials, machines,
during warlike tools and plants, scaffolding, temporary buildings and other things
situations connected therewith shall be at the risk of the contractor until the work
has been delivered to the Engineer-in-Charge and a certificate from
him to that effect obtained. In the event of the work or any materials
properly brought to the site for incorporation in the work being damaged
or destroyed in consequence of hostilities or warlike operation, the

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contractor shall when ordered (in writing) by the Engineer-in-Charge to


remove any debris from the site, collect and properly stack or remove in
store all serviceable materials salvaged from the damaged work and
shall be paid at the contract rates in accordance with the provision of
this agreement for the work of clearing the site of debris, stacking or
removal of serviceable material and for reconstruction of all works
ordered by the Engineer-in-Charge, such payments being in addition to
compensation upto the value of the work originally executed before
being damaged or destroyed and not paid for. In case of works
damaged or destroyed but not already measured and paid for, the
compensation shall be assessed by the. The contractor shall be paid
for the damages/destruction suffered and for restoring the material at
the rate based on analysis of rates tendered for in accordance with the
provision of the contract. The certificate of the Engineer-in-Charge
regarding the quality and quantity of materials and the purpose for
which they were collected shall be final and binding on all parties to this
contract.

Provided always that no compensation shall be payable for any loss in


consequence of hostilities or warlike operations (a) unless the
contractor had taken all such precautions against air raid as are
deemed necessary by the A.R.P. Officers or the Engineer-in-Charge (b)
for any material etc. not on the site of the work or for any tools, plant,
machinery, scaffolding, temporary building and other things not
intended for the work.

In the event of the contractor having to carry out reconstruction as


aforesaid, he shall be allowed such extension of time for its completion
as is considered reasonable by the Engineer-in-charge.

CLAUSE 44

Apprentices The contractor shall comply with the provisions of the Apprentices Act,
Act provisions 1961 and the rules and orders issued thereunder from time to time. If
to be complied he fails to do so, his failure will be a breach of the contract and the

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with Chief Executive Officer may, in his discretion, cancel the contract. The
contractor shall also be liable for any pecuniary liability arising on
account of any violation by him of the provisions of the said Act.

CLAUSE 45

Release of Security Deposit of the work shall not be refunded till the
contractor produces a clearance deposit after labour certificate from the
Labour Officer. As soon as the work is virtually complete the contractor
clearance shall apply for the clearance certificate to the Labour Officer
under intimation to the Engineer-in-Charge. The Engineer-in-Charge,
on receipt of the said communication, shall write to the Labour Officer
to intimate if any complaint is pending against the contractor in respect
of the work. If no complaint is pending, on record till after 3 months
after completion of the work and/or no communication is received from
the Labour Officer to this effect till six months after the date of
completion, it will be deemed to have received the clearance certificate
and the Security Deposit will be released if otherwise due.

NOTE: In case of difference or ambiguity in Hindi and English version,


the English version will prevail.

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SAFETY CODE

1. Suitable scaffolds should be provided for workmen for all works that cannot
safely be done from the ground, or from solid construction except such short
period work as can be done safely from ladders. When a ladder is used, an
extra mazdoor shall be engaged for holding the ladder and if the ladder is used
for carrying materials as well suitable footholds and hand-hold shall be provided
on the ladder and the ladder shall be given an inclination not steeper than V* to
1(1A horizontal and 1 vertical.)

2. Scaffolding of staging more than 3.6 m (12ft.) above the ground or floor, swung
or suspended from an overhead support or erected with stationary support shall
have a guard rail properly attached or bolted, braced and otherwise secured at
least 90 cm. (3ft.) high above the floor or platform of such scaffolding or staging
and extending along the entire length of the outside and ends there of with only
such opening as may be necessary for the delivery of materials. Such
scaffolding or staging shall be so fastened as to prevent it from swaying from
the building or structure.

3. Working platforms, gangways and stairways should be so constructed that they


should not sag unduly or unequally, and if the height of the platform or the
gangway or the stairway is more than 3.6 m (12ft.) above ground level or floor
level, they should be closely boarded, should have adequate width and should
be suitably fastened as described in (2) above.

4. Every opening in the floor of a building or in a working platform shall be


provided with suitable means to prevent the fall of person or materials by
providing suitable fencing or railing whose minimum height shall be 90 cm. (3ft.)

5. Safe means of access shall be provided to all working platforms and other
working places. Every ladder shall be securely fixed. No portable single ladder
shall be over 9m. (30ft.) in length while the width between side rails in rung
ladder shall in no case be less than 29 cm. (111/>") for ladder upto and

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including 3 m. (10 ft.) in length. For longer ladders, this width should be
increased at least V*" for each additional 30 cm. (1 foot) of length. Uniform step
spacing of not more than 30 cm shall be kept. Adequate precautions shall be
taken to prevent danger from electrical equipment. No materials on any of the
sites or work shall be so stacked or placed as to cause danger or inconvenience
to any person or the public. The contractor shall provide all necessary fencing
and lights 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 cost 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 compensate any claim by any such person.

6. Excavation and Trenching - All trenches 1.2 m. (4ft.) or more in depth, shall at
all times be supplied with at least one ladder for each 30 m. (100 ft.) in length or
fraction thereof, Ladder shall extend from bottom of the trench to at least 90 cm.
(3ft.) above the surface of the ground. The side of the trenches which are 1.5 m.
(5ft.) or more in depth shall be stepped back to give suitable slope or securely
held by timber bracing, so as to avoid the danger of sides collapsing. The
excavated materials shall not be placed within 1.5 m. (5ft.) of the edges of the
trench or half of the depth of the trench whichever is more. Cutting shall be
done from top to bottom. Under no circumstances, undermining or undercutting
shall be done.

7. Demolition - Before any demolition work is commenced and also during the
progress of the work,

(i) All roads and open areas adjacent to the work site shall either be closed
or suitably protected.

(ii) No electric cable or apparatus which is liable to be a source of danger or


a cable or apparatus used by the operator shall remain electrically
charged.

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(iii) All practical steps shall be taken to prevent danger to persons employed
from risk of fire or explosion or flooding. No floor, roof or other part of the
building shall be so overloaded with debris or materials as to render it
unsafe.

8. All necessary personal safety equipment as considered adequate by the


Engineer-in-Charge should be kept available for the use of the person
employed on the site and maintained in a condition suitable for immediate use,
and the contractor should take adequate steps to ensure proper use of
equipment by those concerned:- The following safety equipment shall invariably
be provided.

(i) Workers employed on mixing asphaltic materials, cement and lime


mortars shall be provided with protective footwear and protective goggles.

(ii) Those engaged in white washing and mixing or stacking of cement bags
or any material which is injurious to the eyes, shall be provided with
protective goggles.

(iii) Those engaged in welding works shall be provided with welder's


protective eye-shields.

(iv) Stone breaker shall be provided with protective goggles and protective
clothing and seated at sufficiently safe intervals.

(v) When workers are employed in sewers and manholes, which are in active
use, the contractors shall ensure that the manhole covers are opened and
ventilated atleast for an hour before the workers are allowed to get into
the manholes, and the manholes so opened shall be cordoned off with
suitable railing and provided with warning signals or boards to prevent
accident to the public. In addition, the contractor shall ensure that the
following safety measure are adhered to:-

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(a) Entry for workers into the line shall not be allowed except under
supervision of the engineer deputed by Engineer-in-Charge.

(b) At least 5 to 6 manholes upstream and downstream should be kept


open for at least 2 to 3 hours before any man is allowed to enter into
the manhole for working inside.

(c) Before entry, presence of Toxic gases should be tested by inserting


wet lead acetate paper which changes colour in the presence of
such gases and gives indication of their presence.

(d) Presence of Oxygen should be verified by lowering a detector lamp


into the manhole. In case, no Oxygen is found inside the sewer line,
workers should be sent only with Oxygen kit.

(e) Safety belt with rope should be provided to the workers. While
working inside the manholes, such rope should be handled by two
men standing outside to enable him to be pulled out during
emergency.

(f) The area should be barricaded or cordoned of by suitable means to


avoid mishaps of any kind. Proper warning signs should be
displayed for the safety of the public whenever cleaning works are
undertaken during night or day.

(g) No smoking or open flames shall be allowed near the blocked


manhole being cleaned.

(h) The malba obtained on account of cleaning of blocked manholes


and sewer lines should be immediately removed to avoid accidents
on account of slippery nature of the malba.

(i) Workers should not be allowed to work inside the manhole


continuously. He should be given rest intermittently. The Engineer-

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in-Charge may decide the time up to which a worker may be allowed


to work continuously inside the manhole.

(j) Gas masks with Oxygen Cylinder should be kept at site for use in
emergency.

(k) Air-blowers should be used for flow of fresh air through the
manholes. Whenever called for, portable air blowers are
recommended for ventilating the manholes. The Motors for these
shall be vapour proof and of totally enclosed type. Non sparking gas
engines also could be used but they should be placed at least 2
metres away from the opening and on the leeward side protected
from wind so that they will not be a source of friction on any
inflammable gas that might be present.

(l) The workers engaged for cleaning the manholes/sewers should be


properly trained before allowing to work in the manhole.

(m) The workers shall be provided with Gumboots or non sparking


shoes bump helmets and gloves non sparking tools safety lights and
gas masks and portable air blowers (when necessary). They must
be supplied with barrier cream for anointing the limbs before working
inside the sewer lines.

(n) Workmen descending a manhole shall try each ladder stop or rung
carefully before putting his full weight on it to guard against insecure
fastening due to corrosion of the rung fixed to manhole well.

(o) If a man has received a physical injury, he should be brought out of


the sewer immediately and adequate medical aid should be
provided to him.

(p) The extent to which these precautions are to be taken depend on


individual situation but the decision of the Engineer-in-Charge

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regarding the steps to be taken in this regard in an individual case


will be final.

(vi) The Contractor shall not employ men and women below the age of 18
years on the work of painting with products containing lead in any form.
Wherever men above the age of 18 are employed on the work of lead
painting, the following precaution should be taken:-

(a) No paint containing lead or lead products shall be used except in the
form of paste or ready made paint.

(b) Suitable face masks should be supplied for use by the workers
when paint is applied in the form of spray or a surface having lead
paint is dry rubbed and scrapped.

(c) Overalls shall be supplied by the contractors to the workmen and


adequate facilities shall be provided to enable the working painters
to wash during and on the cessation of work.

9. (iv) the Contractor shall not employ women and men below the age of 18 on
the work of painting with product containing lead in any form, wherever men
above the age of 18 are employed on the work of lead painting, the following
principles must be observed for such use :

(i) White lead, sulphate of lead or product containing these pigment, shall
not be used in painting operation except in the form of pastes or paint
ready for use.

(ii) Measures shall be taken, wherever required in order to prevent danger


arising from the application of a paint in the form of spray.

(iii) Measures shall be taken, wherever practicable, to prevent danger arising


out of from dust caused by dry rubbing down and scraping.

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(iv) Adequate facilities shall be provided to enable working painters to wash


during and on cessation of work,

(v) Overall shall be worn by working painters during the whole of working
period.

(vi) Suitable arrangement shall be made to prevent clothing put off during
working hours being spoiled by painting materials.

(vii) Cases of lead poisoning and suspected lead poisoning shall be notified
and shall be subsequently verified by medical man as directed by
Engineer-in-charge.

(viii) Engineer-in-Charge.may require, when necessary medical examination of


workers.

(ix) Instructions with regard to special hygienic precautions to be taken in the


painting trade shall be distributed to working painters.

10. When the work is done near any place where there is risk of drowning, all
necessary equipments should be provided and kept ready for use and all
necessary steps taken for prompt rescue of any person in danger and adequate
provision, should be made for prompt first aid treatment of all injuries likely to be
obtained during the course of the work.

11. Use of hoisting machines and tackle including their attachments, anchorage and
supports shall conform to the following standards or conditions :-

(i) (a) These shall be of good mechanical construction, sound materials


and adequate.

(b) Every rope used in hoisting or lowering materials or as a means of


suspension shall be of durable quality and adequate strength, and

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free from patent defects.

(ii) Every crane driver or hoisting appliance operator, shall be properly


qualified and no person under the age of 21 years should be in charge of
any hoisting machine including any scaffolding winch or give signals to
operator.

(iii) In case of every hoisting machine and of every chain ring hook, shackle
swivel and pulley block used in hoisting or as means of suspension, the
safe working load shall be ascertained by adequate means. Every
hoisting machine and all gear referred to above shall be plainly marked
with the safe working load. In case of a hoisting machine having a
variable safe working load each safe working load and the condition
under which it is applicable shall be clearly indicated. No part of any
machine or any gear referred to above in this paragraph shall be loaded
beyond the safe working load except for the purpose of testing.

(iv) As regards contractor's machines the contractors shall notify the safe
working load of the machine to the Engineer-in-Charge whenever he
brings any machinery to site of work and get it verified by the Engineer
nominated by Engineer-in-charge concerned.

12. Motors, gearing, transmission, electric wiring and other dangerous parts of
hoisting appliances should be provided with efficient safeguards. Hoisting
appliances should be provided with such means as will reduce to the minimum
the risk of accidental descent of the load. Adequate precautions should be
taken to reduce to the minimum the risk of any part of a suspended load
becoming accidentally displaced. When workers are employed on electrical
installations which are already energized, insulating mats, wearing apparel,
such as gloves, sleeves and boots as may be necessary should be provided.
The worker should not wear any rings, watches and carry keys or other
materials which are good conductors of electricity.

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13. All scaffolds, ladders and other safety devices mentioned or described herein
shall be maintained in safe condition and no scaffold, ladder or equipment shall
be altered or removed while it is in use. Adequate washing facilities should be
provided at or near places of work.

14. These safety provisions should be brought to the notice of all concerned by
display on a notice board at a prominent place at work spot. The person
responsible for compliance of the safety code shall be named therein by the
contractor.

15. To ensure effective enforcement of the rules and regulations relating to safety
precautions the arrangements made by the contractor shall be open to
inspection by the Labour Officer or Engineer-in-Charge of the department or
their representatives.

16. Notwithstanding the above clauses from (1) to (15), there is nothing in these to
exempt the contractor from the operations of any other Act or Rule in force in
the Republic of India.

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MODEL RULES RELATING TO LABOUR, WATER SUPPLY AND
SANITATION IN LABOUR CAMPS
Notes: These model rules are intended primarily for labour camps, which are not of a
permanent nature. They lay down the minimum desirable standard, which should be
adhered to standards in permanent or semi-permanent labour camps should not be
obviously be lower than those for temporary camps.
1. Location-: The camp should be located in elevated and well drained ground in the
locality.
2. Labour huts to be constructed for one family of 5 persons each. The layout to be
shown in the prescribed sketch.
3. Hutting: The huts to be built of local material. Each hut should provide at least 20
sqm. of living space.
4. Sanitary facilities: Latrines and urinals shall be provided at least 15 meters away
from the nearest quarters separately for man and women specially so marked on
the following scale.
5. Latrines - Pit provided at the rate of 10 users or two families per scat, separate
urinals as required as the privy can also be used for this purpose.
6. Drinking Water - Adequate arrangement shall be made for the supply of drinking
water. If practicable filtered and chlorinated supplies shall be arranged when
supplies are from intermittent sources overhead storage tank shall be provided
with capacity of five liters a person per day. Where the supply is to be made from
a well, it shall conform to the sanitary standard laid down in the report of the Rural
Sanitation Committee. The well should be at least 30 meters away from any latrine
or other source of population. If possible, hand pump should be installed for
drinking water from well. The well should be effectively disinfected once every
month and the quality of water should be got tested at the public Health Institution
between each work of disinfecting.
7. Bathing and Washing - Separate bathing and washing place shall be provided for
men and women for every 25 persons in the camp. There shall be one gap and
space of 2 sqm. for washing and bathing. Proper drainage for the wastewater
should be provided.
8. Waste Disposal - (A) Dustbin shall be provided at suitable places in camp and the
residents shall be directed to throw all rubbish into these dustbin. The dustbins

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shall be provided with cover. The contents shall be removed every day and
disposed off by trenching.
9. Medical facilities
(A) Every camp where 1000 or more persons reside shall be provided with whole
time Doctor and Dispensary. If there are women in the camp, a whole time nurse
Shall be employed.
(B) Every camp where less than 1000 but more than 250 persons reside shall be
provided with Dispensary and a part time Nurse/Midwife.
(C) If there are less than 250 persons in any camp a First Aid Kit shall be maintained
in-charge of whole time persons, trained in First Aid.
All the medical facilities mentioned above shall be for all residents in the camp
including a dependent of the worker, if any free of cost.
Sanitary Staff - For each labour camp, there shall be qualified Sanitary Inspector
and Sweeper should be provided in the following scales:
(1) For camps with strength over 200 but not exceeding 500 persons. One sweeper
for every 75 persons above the first 200 for which 3 sweepers shall be provided.
(2) For camps with strength over 500 persons one sweeper for every 100
persons above 1 st 500 for which 6 sweepers should be provided.

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SKETCH OF CEMENT GODOWN

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CONTRACT FORMS

GCC ANVP 2011


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Draft Format for Performance Security

(On Rs.100/- (Rupees hundred only) Stamp Paper from a scheduled Bank and
operatable in Raipur/Atal Nagar,Dist. Raipur, Chhattisgarh only)

To,
Nava Raipur Atal Nagar Vikas Pradhikaran
Paryavas Bhawan, North Block, Sector-19,
Nava Raipur Atal Nagar ,Dist. Raipur 492 002, CHHATTISGARH

1. In consideration of the Nava Raipur Atal Nagar Vikas Pradhikaran of Chhattisgarh


incorporated under Nagar Tatha Gram Nivesh Adhiniyam - 1973 (No. 23, Year 1973), having its
office at Paryavas Bhawan, North Block, Sector-19, Nava Raipur Atal Nagar Raipur- 492 002,
Chhattisgarh (hereinafter called "NRANVP" which expression shall unless repugnant to the subject
or context include its successor and assigns) having agreed under the terms and conditions of
Contract awarded to _____________________________ (hereinafter called "the Contractor"
which expression shall unless repugnant to the subject or context include his heirs, executors
administrators and assigns/its successors and assigns) and the NRANVP in connection with
___________________________________________________ (hereinafter called "the Said
Contract") to accept a Performance Security as herein provided for Rs. ________________ from a
Scheduled Commercial Bank and operatable in Raipur, Chhattisgarh in lieu of the Performance
security deposit to be paid for the due fulfillment by the Contractor as per the terms and
conditions contained in the said Contract, We the Bank___________________
_____________constituted and established under the Banking Companies Acquisition and Transfer of
Undertaking Act 1970 (hereinafter referred to as "the said Bank") and having our
Head Office at ____________________________ at the request of Contractor do
hereby undertake to pay to the NRANVP an amount not exceeding Rs._______________
against any loss or damage caused to or suffered or would be caused to or suffered by the
NRANVP by reason of breach or breaches by the said Contractor(s) of any of the ter ms and
conditions contained in the said agreement, and to unconditionally pay the amount claimed by
the NRANVP on demand and without demur to the extent expressed.
2. We ________________________ (name of Bank) do hereby undertake to pay the
amounts due and payable under this guarantee without any demur, merely on a demand
from the NRANVP stating that the amount claimed is due by way of loss or damage
caused to or would be caused to or suffered by the NRANVP by reason of breach by the
said contractor of any of the terms or conditions contained in the said Agreement or by
reason of the contractor(s) failure to perform the said Agreement. Any such demand made
on the Bank shall be conclusive as regards the amount due and payable by the Bank under
this guarantee. However, our liability under this guarantee shall be restricted to an amount
not exceeding Rs. ___________________.
3. We ---------------------------------- (name of Bank) further agree that the Chief Executive Officer,
NRANVP shall be the sole judge of and as to whether the contractor has committed any breach
or breaches of any of the terms and conditions of the said contract and the extent of loss,
damage, costs, charges and expenses caused to or suffered by or that may be caused to or
suffered by the NRANVP on account thereof and the decision of the Chief Executive
Officer, NRANVP that the Contractor has committed such breach or breaches and as to the
amount or amounts of loss, damage, costs, charges and expenses caused to or suffered by or that
may be caused to or suffered by the NRANVP from time to time shall be final and binding on us'.
4. We undertake to pay to the Chief Executive Officer, NRANVP any money so demanded
notwithstanding any dispute or disputes raised by the Contractor/ supplier in any
suit or proceeding pending before any court or Tribunal relating thereto our liability under this
present being absolute and unequivocal.
The payment so made by us under this security bond shall be a valid discharge of our liability

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for payment there under and the contractor /supplier shall have no claim against us for making
such payment.
5. We, __________________________________________ (indicate the name of Bank) further
agree that the guarantee herein contained shall remain in full force and effect during the
period that would be taken for the performance of the said Agreement and that it shall
continue to be enforceable till all the dues of the NRANVP under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till the Chief
Executive Officer, NRANVP certifies that the terms and conditions of the said Agreement
have been fully and properly carried out by the said Contractor(s) and accordingly discharges
this guarantee. Unless a demand or claim under this guarantee is made on us in
writing on or before the _________________________ we shall be discharged
from all liability under this guarantee thereafter.
6. We _____________________________________ (indicate the name of the Bank) further
agree with the Chief Executive Officer, NRANVP shall have the fullest liberty without our
consent and without affecting in any manner our obligations hereunder to vary any of the
terms and condition of the said Agreement or to extend time of performance by the said
contractor from time to time or to postpone for any time or from time to time any of the
powers exercisable by the NRANVP against the said Contractor and to forbear or enforce any
of the terms and conditions relating to the said Agreement and we shall not be relieved from
our liability by reason of any such variation, or extension being granted to the said Contractor
or for any forbearance, act or commission on the part of the NRANVP or any indulgence by the
NRANVP to the said Contractor or by any such matter or thing whatsoever which under the law
relating to sureties would, but for this provisions have effect of so relieving us.
7. This guarantee will not be discharged due to the change in the constitution of
the Bank or the Contractor/ Supplier(s).
8. We, ______________________________________________ (indicate the name of Bank)
lastly undertake not to revoke this guarantee during its currency except with the previous
consent of the NRANVP in writing.
10. The bank guarantee will be operable and encashble at Raipur/Nava Raipur Atal Nagar
_____________________________Branch ,_____________________________Branch code
_____________________________ address,___________________________Email ID
,__________________Phone No.

Dated this ___________day of ____________ 20


for and on behalf of the Bank

The above Guarantee is accepted by the


NRANVP. For and on behalf of the NRANVP

Dated: ________________

(Name and Designation)

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NRANVP

A. Earnest Money Deposit Form (Bank Guarantee)


(To be valid for minimum period of six months on Rs.100/- (Rupees hundred only) Stamp Paper from a Scheduled
Commercial Bank operable in Raipur/Nava Raipur Atal Nagar Dist. Raipur, Chhattisgarh only)

To,
Nava Raipur Atal Nagar Vikas Pradhikaran
Paryavas Bhawan, North Block, Sector-19,

Nava Raipur Atal Nagar ,Dist. Raipur 492 002, CHHATTISGARH

1. In consideration of Nava Raipur Atal Nagar Vikas Pradhikaran of Chhattisgarh incorporated


under Nagar Tatha Gram Nivesh Adhiniyam - 1973 (No. 23, Year 1973), having its office at
Paryavas Bhawan, North Block, Sector-19, Nava Raipur Atal Nagar Raipur-492 002,
Chhattisgarh (herein after called 'NRANVP' which expression shall unless it be repugnant to
the subject or context on meaning thereof include its successors and assign or assigns)
having invited tenders in connection with Contract
package No. _________ for the execution of the work of ………………………………….
And in future consideration of the NRANVP having consented to permit M/s.
_________________ (Name of the Tenderer) (hereinafter called "the Tenderer" which
expression shall unless it be repugnant on the context and meaning thereof include his
heirs, executors, administrators and assign/ assigns) to deposit the Earnest Money Deposit
Deposit of Rs.______________ (Rupees ____________________ ___________________
in the form of an unconditional and irrevocable Bank Guarantee furnished by a
Scheduled Commercial Bank and operatable in Raipur/ Nava Raipur Atal Nagar,Dist.
Raipur,Chhattisgarh(Please Mention the name of Branch, Branch code and address at
Raipur/Nava Raipur Atal Nagar Dist. Raipur(C.G.)),in accordance with the requirement of
tender package. We the Bank of __________________constituted and established under
the ____________________ banking Companies Act. Acquisition and Transfer undertaking
Act 1970 a company incorporated under Companies Act 1956 and Nationalised Bank,
within the meaning of Reserve Bank Act 1934, Clause (e) of Section 2 having our Head
office at _______do and hereby guarantee, undertake and agree to pay the NRANVP a sum
of Rs. ________ (Rupees______________________________________) upon receipt by us
of your first demand in writing .
2. We, Bank of ___________________further agree that the NRANVP shall be sole judge of
and as to whether the Tenderer has committed any breach or breaches of any of the
terms and conditions of the said Tender and the extent of loss, damage, costs, charges and
expenses caused to or suffered by or that may be caused to or suffered by the NRANVP on
account thereof and the decision of the Chief Executive Officer, NRANVP that the Tenderer
has committed such breach or breaches and as to the amount or amounts of losses,
damage, costs, charges and expenses caused to or suffered by or that may be caused to or
suffered by the NRANVP from time to time shall be final and binding on us.

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3. We the said Bank further agree that the Guarantee herein contained shall remain in full
force and effect during the period that the said tender shall be made valid for acceptance
by the NRANVP and till all the dues of the NRANVP under the said Tender or by virtue of
any of the terms and conditions governing the said Tender have been fully paid and it's
claims satisfied or discharged and till Chief Executive Officer, NRANVP certifies that the
terms and conditions of the said Tender have been fully and properly carried out by the
Tenderer and accordingly discharges this guarantee subject, however, that the NRANVP
shall have no claim under this Guarantee after completion of the work or from the date of
cancellation of the said contract, as the case may be, unless a notice of the claim under this
Guarantee has been served on the Bank before the expiry of the said period of 6 (six)
months from the deadline for receipt of tender i.e. in which case the same shall be
enforceable against the Bank notwithstanding the fact that the same is enforced after the
expiry of the said period of 6 (six) month from the date of receipt of tender.
4. The Chief Executive Officer, NRANVP shall have the fullest liberty without affecting
in any way the liability of the Bank under this Guarantee of Indemnity, from time to time
to vary any of the terms and conditions of the said Tender or to extend time for
performance by the contractor or to postpone for any time and from time to time any of
the power exercisable by it against the Tenderer and either to enforce or forbear from
enforcing any of the terms and conditions governing the said Tender or securities available
to the NRANVP and the said Bank shall not be relieved from its liability under these
presents by an exercise by the NRANVP of the liberty with reference to the matters
aforesaid or by reason of time being given to the or any other forbearance act or
omission on the part of the NRANVP or by indulgence by the NRANVP to the Tenderer or of
any other matter or thing whatsoever which under the law relating to sureties would but
for this provision have the effect of so releasing the Bank from its such liability.
5. It shall not be necessary for the NRANVP to proceed against the Tenderer before
proceeding against the Bank and the Guarantee herein contained shall be enforceable
against the Bank, notwithstanding any security which the NRANVP may have obtained or
obtain from the Tenderer shall at the time when proceedings are taken against the Bank
hereunder be outstanding or unrealized.
6. We, the said Bank lastly undertake not to revoke this Guarantee during the currency
except with the previous consent of the NRANVP in writing and agree that any change in
the constitution of the Tenderer or the said Bank shall not discharge liability hereunder.
7. Our liability under this Bond is restricted to Rs.________and it will remain till the __ Unless
a claim under this guarantee is made within 6 (six) months from that date all your
rights under the said Guarantee shall be forfeited and we shall be relieved and discharged
from all liability there under.
8. The bank guarantee is operable at Scheduled Commercial Bank in Raipur/Nava Raipur Atal
Nagar Raipur _____________________________Branch ,_____________________________Branch
code _____________________________ address,___________________________Email ID
,__________________Phone No.
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Dated this ________________________ the day of ________________________


For and on behalf of the Bank the above Guarantee is accepted by

Name of Bank

B. Format of Contract Agreement


(On Rs. 100/- Stamp Paper)

THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between Nava Raipur Atal


Nagar Vikas Pradhikaran of Chhattisgarh incorporated under Nagar Tatha Gram Nivesh Adhiniyam - 1973
(No. 23, Year 1973), having its registered office near Mantralaya Mahanadi Dwar, Raipur 492 001,
Chhattisgarh (herein after called 'NRANVP, the Employer' which expression shall unless it be repugnant to
the subject or context on meaning thereof include its successors and assign or assigns) of

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the one part and M/s ____________________________whose registered office is situated at


________________ (hereinafter called the 'CONTRACTOR') of the other part.

WHEREAS the NRANVP, the Employer, desires that the Works known as . . . . . name of the Contract. . . .
.should be executed by the Contractor, and Employer has accepted the tender submitted by the Contractor
for the execution and completion of the Work and the remedying of any defects therein,

WHEREAS The contractor has deposited with the NRANVP the sum of Rs._______________ (Rupees
________________________________only) being the Performance security deposit and undertakes to
pay the security deposit by allowing the NRANVP to deduct amount from the running bills payable to
him with the rate specified in the conditions of contract.

NOW THIS AGREEMENT WITNESS AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AND
DECLARED AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.

(a) the Letter of acceptance for contract;


(b) the tender submitted by the tenderer;
(c) addendum to the tender document if any
(d) the Special Conditions of Contract
(e) the contract data
(e) the General Conditions of Contract;
(f) the Specification
(g) the Drawings;
(h) Soil Investigation Report, Photographs & Other Information and
(i) the completed Schedules etc

3. In consideration of the payments to be made to the contractor for the work to


be executed by him the contractor shall and will duly provide, execute and
complete the said work on or before the dates mentioned in the tender document/ contract
document and shall maintain the same at his own cost for the defects liability period thereafter,
perform all such acts and things in the contract mentioned or described or whic h are to be
implied there from or may be reasonably necessary for the completion of the said works and at
the times and the manner subject to the terms and conditions or stipulations mentioned in the
contract.

4. In consideration of the due provision, execution and completion of the said


work, the NRANVP does hereby agree with the contractor that the NRANVP will pay
to the contractor the respective amount for the work actually done by him at
the rates quoted and such other sums as may become payable to the
contractor under the provisions of the contract, such payment to be made at
such time and in such manner as provided for in the agreement.

5. In consideration of the due provision, execution and completion of the said


work contractor does hereby agree to pay to the NRANVP the amount as may
be due to NRANVP for the service if any rendered by the NRANVP to the
contractor and such other sum or sums as may become payable to the NRANVP
towards loss, damage to the NRANVP's equipment, materials, construction plant
and machinery, including those hired to the contractor, if any as set forth in
the said conditions of contract, such payments to be made at such time
and in such manner as provided in the contract.

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6. All disputes arising out of or in any way connected with this agreement shall
be deemed to have arisen in Raipur and only the courts in Raipur shall have
jurisdiction to determine the same.

7. All parts of this contract have been read by us and fully


understood by us.

IN WITNESS WHEREAS THE PARTIES HAVE EXECUTED THESE PRESENT IN DUPLICATE THE DAY
AND YEAR FIRST MENTIONED ABOVE.

SIGNED AND DELIVERED FOR AND ON BEHALF OF THE WITHIN NAMED NRANVP,
NAVA RAIPUR ATAL NAGAR VIKAS PRADHIKARAN.

Signature: _____________________________________

Designation: ______________________________

In the presence of witness

1. _________________________ Address

2. _________________________ Address

SIGNED AND DELIVERED FOR & ON BEHALF OF


Signature: _____________________________________

In the presence of witness

1._________________________ Address

2. _________________________ Address

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C. Draft Format for Performance Guarantee for Water


Proofing and Anti-termite Works
(On Rs.100/- (Rupees hundred only) Stamp Paper )

To,
Nava Raipur Atal Nagar Vikas Pradhikaran
Paryavas Bhawan, North Block, Sector-19,
Nava Raipur Atal Nagar,Dist. Raipur 492 002, CHHATTISGARH

Name of Work: -----------------

1. We hereby guarantee that the treatment given to water-tanks, terraces, WC,


bath, chhajas, below kitchen sinks, balconies, decks, lift-pits and anti-termite
treatment under contract of ______________________________ will remain water proof, Termite proof free
of any defect for a period of 10 (ten) years from date of completion of work.

2. If by any chance a defect is noticed in the water proofing work and/or anti-
termite treatment work in the above case due to bad workmanship, we will
rectify the same free of cost to NRANVP at any time during the above guarantee
period.

3. The question of whether the work is defective as aforesaid shall be decided by the Engineer-in-
charge of the said work, and the decision of the Chief Executive Officer, NRANVP shall be final
conclusive and binding on the contractor. The defects will be rectified subject to the following:

(a) The work is not subject to any undue pressure and tension due to
abnormal conditions such as earthquake, bombardment, natural
catastrophe, etc.
(b) On account of the water proofing and/ or anti-termite treatment work
being tampered with or punctured under any circumstances.

4. In case we are unable/decline or neglect to remedy the defect noticed during the 10 (ten) years of
guarantee period as stated above, the NRANVP will rectify these through any other competent
contractor and recover (including interest from us all expenses) for doing the job.

5. All disputes arising out of or in any way connected with these be decided to
have arisen in Raipur and only the courts in Raipur shall have jurisdiction to
determine the same.

6. Contract document and works requirement have been read and fully understand by us.

7. In token of their consent, the guarantee is countersigned by M/s._________________ who have carried
out specialized water proofing treatment and anti-termite treatment.

8. 0.5 % (half percent) of total Contract amount for all building work and on-site infrastructure work shall be
deposited in the form of Bank guarantee in approved format by the main contractor for a period of 10

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(ten) years. Bank guarantee shall be from a Nationalised bank in Raipur and operatable in Raipur,
Chhattisgarh. The said Bank Guarantee shall remain valid for entire guarantee period and shall be
released only after successful completion of the performance period of 10 (ten) years.

Signature: Signature:

M/s _____________________________ M/s _____________________________

Water proofing Contractor: Contractor:

Address: Office:

Anti-termite Treatment Contractor:

Address:

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D. Indemnity Bond
(On Rs.100/- (Rupees hundred only) Stamp Paper)

In consideration of Nava Raipur Atal Nagar Vikas Pradhikaran of Chhattisgarh


incorporated under Nagar Tatha Gram Nivesh Adhiniyam - 1973 (No. 23, Year 1973),
having its registered office near Mantralaya Mahanadi Dwar, Raipur 492 001,
Chhattisgarh (hereinafter referred to as 'the NRANVP', which expression shall unless it
be repugnant to the context or meaning awarded to
M/s._____________________________________________________ a partnership/
proprietorship/ Pvt. Ltd./ Ltd. firm carrying in such name and style the business
of constructing -----------works (hereinafter referred to as 'the Contractor' which
expression shall, unless it be repugnant to the context or meaning thereof, include
its partners or partner/ proprietor for the time being or its surviving partner or his
heirs and executors) for the construction of ---------------Nava Raipur Atal Nagar,Dist
Raipur, Chattisgarh at an estimated cost of Rs.__________ crores and in
compliance with the terms and conditions of the said contract.

We, M/s _________________________________, being the contractor do hereby


agree and undertake and indemnify and save harmless the NRANVP in
consequence of the manufacturing defect, latent manufacturing defect and
construction defect found in the constructed works such as Building/ Road/ Bridges
of the ----------------------at any time in a period of 3 years commencing with the
grant of completion certificate by the NRANVP to the Contractor in
accordance with and subject to the provision of the said contract.

It is hereby agreed and declared that the GM (PW) of the NRANVP or any officer acting
as such GM (PW) of the NRANVP shall be the Competent Authority to decide upon
the question as to the defects in the construction of infrastructure/ buildings and the
remedy to be applied by the contractor for their rectification at their cost and his
decision shall be final, conclusive and binding upon both the NRANVP and the
Contractor, provided that the GM (PW) shall so decide after giving an opportunity to the
Contractor to represent his case.

We hereby agree and undertake irrevocably and unconditionally to carry out duly
each and every decision, order, direction or instruction as may be issued by the said
GM (PW) or as the case may be, the officer of the NRANVP in this behalf and to rectify
properly and promptly the defect found by him irrespective of the fact that,
NRANVP and/or Project Manager have checked, supervised and approved the work.

In the event of failure of Contractor to carry out the repair and rectifications as per the
decision of GM (PW), the NRANVP will be at liberty to carry out the repair and
rectification works at the risk and cost of the Contractor.

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FOR AND ON BEHALF OF M/s._____________________________________________


___
RAIPUR
Date

SEAL

Notary Chhattisgarh State BEFORE ME

Noted and Registered at Serial


Number _________

Accepted By

For and on Behalf of


Chief Executive Officer, NRANVP,
Paryavas Bhawan, North Block, Sector-19,
Nava Raipur Atal Nagar,Dist. Raipur 492 002,
CHHATTISGARH

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E. Indenture Bond
(On Rs.100/- (Rupees hundred only) Stamp Paper)

To,
Nava Raipur Atal Nagar Vikas Pradhikaran
Paryavas Bhawan, North Block, Sector-19,
Nava Raipur Atal Nagar,Dist. Raipur 492 002, CHHATTISGARH

THIS INDENTURE made on the _____________ day of __________________ between M/s


________________________ (hereinafter called the 'CONTRACTOR' which expression shall where the
context as admits or implies be deemed to include his heirs, executors, administrators and assigns) of
the One Part and Nava Raipur Atal Nagar Vikas Pradhikaran of Chhattisgarh incorporated under Nagar
Tatha Gram Nivesh Adhiniyam - 1973 (No. 23, Year 1973), having its registered office near Mantralaya
Mahanadi Dwar, Raipur 492 001, Chhattisgarh (hereinafter called the NRANVP, which expression shall
where the context so admits or implies be deemed to include its successors and assigns) of the Other
Part.

WHEREAS

1. The Contractor have entered into a contract dated ________with the NRANVP for the
execution of "-----------------------------Chhattisgarh." on conditions set out therein.

2. The Contractor have applied to the NRANVP that he be allowed advance on the security of
materials absolutely belonging to him and brought by them to the site of the work for use in
the construction of such of the works as he had undertaken to execute at stipulated rates and
aforesaid nature. The quantities and other particulars of the materials on the security of which
the advance or advances are made being detailed in ---------Running Account Bill for the said
works.

NOW THIS INDENTURE WITNESS :

That in pursuance of the said contract and in consideration of the sum of Rs._____________/- (Rupees
_______________only) paid on or before the execution of these presents to the Contractor both hereby
acknowledge) and of such further advance (if any) as may be made to him as aforesaid the contractor
both hereby covenant and agree with NRANVP and declare as follows:

1. That the said sum of Rs. -------- /- (Rupees _____________ only) advanced by
NRANVP to the Contractor aforesaid and all or any further sum or sums advanced as
aforesaid shall be employed by the contractor in or towards expenditure the execution of the
said works and for no other purpose whatsoever.

2. That the materials detailed in the said Running Account Bill which have been offered to and
accepted by the NRANVP as security are absolutely the Contractor's own property and free
from encumbrances of any kind and the Contractor shall not make any application for or
receive a further advance from the NRANVP on the security of materials which are absolutely

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his own property and free from encumbrances of any kind and the contractor indemnifies the
NRANVP against all claims to any materials in respect of which an advance has been made
to him as aforesaid.

3. That the materials detailed in the said Running Account bill and all other materials on the
security of which any further advance or advances may hereinafter be made as aforesaid
(hereinafter called the said 'materials') shall be used by the contractor solely in the execution
of the said works in accordance with the directions of the Manager of NRANVP/ Engineer and
the terms of the said contract.

4. That the contractor shall make at their own cost all necessary and adequate arrangement for
the proper watch, safe, custody and protection against all risks of the said materials and that
until used in construction as aforesaid the said materials shall remain at the site of the said
works in the contractor's custody and on their own responsibility and shall at all time be open
to inspection by the Manager or any officer authorised by him/ Engineer. In the event of the
said materials or any part thereof being stolen, destroyed or damaged, the contractor shall
forthwith replace or repair the same as required by the Manager of NRANVP/ Engineer.

5. That the said materials shall not on any account be removed from the site of works except
with the written permission of the Engineer or an officer authorised by him in that behalf.

6. That the advance shall be repayable in full when or before the contractor received payment
from the NRANVP of the price payable to him for the said works under the contract provided
that if any intermediate payments are made to the contractor on account of work done then on
the occasion of each such payment the NRANVP will be at liberty to make a recovery from
the contractor's bill for such payment by deducting there from the value of the said materials
then actually used in the construction and in respect of which recoveries has not been made
previously the value for this purpose being determined in respect of each description of
materials at the rate of which the accounts of the advance made under these presents were
calculated.

7. That if the contractor shall at any time make any default in the performance or observance in
any respect of any of the terms and provision of the said contract or of these presents, the
total amounts of the advance or advances that may still be owing in the NRANVP shall be
immediately on happening of such default be repayable by the contractor to the NRANVP
together with interest thereon at 12 % (twelve percent) per annum from the date of repayment
and with all costs, charges, damages and expenses incurred by the NRANVP in or for the
recovery thereof on the enforcement of this security or otherwise by reason of the default of
the contractor and the contractors hereby covenants and agree with the NRANVP to repay
and pay the same respectively to the NRANVP accordingly.

8. That the contractor hereby hypothecates all the said materials with the repayment to the
NRANVP of the said sum of Rs. _________(Rupees _______________ only) and any further
sum or sums advanced as aforesaid and all costs, charges, damages, and expenses payable
under these presents PROVIDED ALWAYS and it is hereby agreed and declared that
notwithstanding anything in the said Agreement and without prejudice to the powers
contained therein if and whenever the convenient for payment or repayment herein before
contained shall become enforceable and the money owing shall become enforceable and the
money owing shall not be paid in accordance herewith the NRANVP may at any time
thereafter adopt all or any of the following courses as it may deem fit.

(a) Seize and utilize the said materials or any part thereof in the completion of the said
works on behalf of the contractor in accordance debiting the contractor with the actual

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cost of the effecting such completion and the amount due in respect of advance
under these presents and crediting the contractor with the value of work done as if he
had carried it out in accordance with the said contract and the rates hereby provided.
If the balance is against the contractor he is to pay same to the NRANVP on demand.

(b) Remove and sell by public auction the seized materials on any parts
thereof and out of the moneys arising from the sale retain all the sums
aforesaid repayable to the NRANVP under these presents and pay over
the surplus (if any) to the contractor.

(c) Deduct all or any part of the money owing out of the security deposit
or any sum due to the contractor under the said contract.

(d) Recovery through Revenue Recovery Certificate (RRC) issued by


NRANVP to respective collector of the District.

9. That except in the event of such default on the part of the contractor as aforesaid interest on
the said advance shall be payable.

10. The contractor shall execute a promissory note for the sum of Rs._____________ /-
(Rupees ________________ only) in favour of the CEO, NRANVP to provide a collateral
security for the payment of the advance made or to be made to the contractor.

IN WITNESS WHEREOF THE SAID M/s ______________________ ________AND NAVA RAIPUR


ATAL NAGAR VIKAS PRADHIKARAN. HAVE HEREUNTO SET THEIR RESPECTIVE HANDS THE
DAY AND YEAR FIRST ABOVE WRITTEN ;

SIGNED SEALED AND DELIVERED BY THE


SAID CONTRACTOR IN THE PRESENCE OF:

1.

2.

SIGNED SEALED AND DELIVERED BY THE


ENGINEER WITHIN NAMED NAVA RAIPUR
ATAL NAGAR VIKAS PRADHIKARAN BY THE
HAND OF SHRI NRANVP IN THE PRESENCE
OF:

1.

2.

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F. Notice for Appointment of Arbitrator


To

Chief Executive officer

………………

………………………………..

Dear Sir,

In terms of clause 25 of the agreement, particulars of which are given below,


I/we hereby give notice to you to appoint an arbitrator for settlement of disputes
mentioned below:

1. Name of applicant
2. Whether applicant is Individual/Prop. Firm/Partnership Firm/Ltd. Co.
3. Full address of the applicant
4. Name of the work and contract number in which arbitration sought
5. Name of the Division which entered into contract
6. Contract amount in the work
7. Date of contract
8. Date of contract Date of initiation of work
9. Stipulated date of completion of work
10. Actual date of completion of work (if completed)
11. Total number of claims made
12. Total amount claimed
13. Date of intimation of final bill (if work is completed)
14. Date of payment of final bill (if work is completed)
15. Amount of final bill (if work is completed)
16. Date of request made to SE for decision
17. Date of receipt of SE's decision
18. Date of appeal to you

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19. Date of receipt of your decision.

Specimen signatures of the applicant (only the


person/authority who signed the contract should sign)

I/We certify that the information given above is true to the best of my/our
knowledge. I/We enclose following documents.

1. Statement of claims with amount of claims.


2.
3.
4.

Yours faithfully,

(Signatures)

Copy in duplicate to:


1. Engineer in Charge,
…………………

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PROFORMA OF SCHEDULES(Schedule ’A’ to Schedule ’F’)


(Separate Performa for Civil, Elect. & Hort. Works in case of Composite Tenders)
(Operative Schedules to be supplied separately to each intending tenderer)

SCHEDULE 'A'

Schedule of quantities (as per NRANVP)

SCHEDULE 'B'

Schedule of materials to be issued to the contractor.

Sl. Description of item Quantity Rates in figures & Place of issue


No. words at which the
material will be
charged to the
contractor

1 2 3 4 5

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SCHEDULE 'C'

Tools and plants to be hired to the contractor

Sl. Description Hire charges per Place of Issue


No. day

1 2 3 4

SCHEDULE ‘D'

Extra schedule for specific requirements/document for the work, if any.

SCHEDULE ‘E'

Reference to General Conditions of contract.

Name of Work : ……………………………………………………..

Estimated cost of work : Rs. ……………………………

(i) Earnest Money : Rs. ……………………………

(ii) Performance : 5% of tendered value


Guarantee

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(iii) Security Deposit : 5% of tendered value

SCHEDULE 'F'

GENERAL RULES & DIRECTIONS : Officer inviting tender

Maximum percentage for quantity of


items of work to be executed beyond
which rates are to be determined in
accordance with Clauses 12.2 & 12.3: See below

Definitions:
2(v) Engineer-in-Charge …………………………………………………………………….

2(viii) Accepting Authority …………………………………………………………………….

2(x) Percentage on cost


of materials and
Labour to cover all
overheads and
profits: 15 %

2(xi) Standard Schedule


of Rates …………………………………………………………………….

2(xii) Department …………………………………………………………………….

Clause 1
(i) Time allowed for submission of Performance ………………….days
Guarantee from the date of issue of letter of
acceptance

(ii) Maximum allowable extension beyond the period ………………….days

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provided in (i) above

Clause 2
Authority for fixing …………………………………………………………………….
compensation under clause 2

Clause 2A
Whether Clause 2A shall be applicable Yes / No

Clause 5
Number of days from the date of issue ………………….days
of letter of acceptance for reckoning
date of start

Mile stone(s) as per table given below:-

Sl. Description of Milestone Time allowed in Amount to be with-held


No. (Physical) days(from date of in case of non
start) achievement of mile
stone

1.

2.

3.

4.

5.

Time allowed for execution …………………………………………………………………….


of work

Authority to decide:

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(i) Extension of time………………………………………………...(Engineer in Charge or


Engineer in Charge of Major Component in case of Composite Contracts, as the
case may be)

(ii) Rescheduling of mile stones ………………………………………………………….


(Superintending Engineer in Charge or Superintending Engineer in Charge of Major
Component in case of Composite Contracts, as the case may be)

Clause 6, 6A
Clause applicable - (6 or 6A) …………………………………………………………………….

Clause 7
Gross work to be done together with Rs. ………………………….
net payment /adjustment of advances
for material collected, if any, since the
last such payment for being eligible to
interim payment

Clause 10A
1. ……………… 2. …………… 3. ……………………

4. ………………… 5. …………… 6. ……………………

Clause 10B(ii)
Whether Clause 10B (ii) shall be Yes / No
applicable

Clause 10C
Component of labour expressed as = ……………….%
percent of value of work

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Clause 10CA

Sl. Material Nearest Materials (other than cement, Base Price of


No. covered reinforcement bars and the structural all Materials
under this steel) for which All India Wholesale covered under
clause Price Index to be followed clause 10 CA*

1.
2.
3.
4.

* Base price of all the materials covered under clause 10 CA is to be mentioned at the
time of approval of NIT.
Clause 11
Specifications to be followed for ……………………………………..
execution of work

Clause 12
12.2. & 12.3 Deviation Limit beyond which clauses
12.2 & 12.3 shall apply for building
work …………………………………

12.5 Deviation Limit beyond which clauses


12.2 & 12.3 shall apply for foundation
work …………………………………
Clause 16
Competent Authority for deciding
reduced rates. ……………………………………..
Clause 18
List of mandatory machinery, tools & plants to be deployed by the contractor at site:-

1. ………………… 2. ……………… 3. ……………………

4. ………………… 5. ………………… 6. ……………………

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7. ………………… 8. ………………… 9. ……………………


Clause 36 (i)
Requirement of Technical Representative(s) and recovery Rate

Rate at
which
recovery
shall be
Designation
Minimum made from
(Principal
Sl. Qualification Minimum the contractor
Disciplin Technical/ Numb
No of Technical Experien in the event
e Technical er
. Representati ce of not
Representativ
ve fulfilling
e)
provision of
clause 36(i)

Figure Word
s s

1.

2.

3.

4.

5.

Assistant Engineers retired from Government services that are holding Diploma will be
treated at par with Graduate Engineers.

Clause 42
(i) (a) Schedule/statement for determining
theoretical quantity of cement & bitumen
on the basis of C.G.S.O.R
……………………. printed by C.G.P.W.D.

(ii) Variations permissible on theoretical quantities:

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(a) Cement
For works with estimated cost put to
tender not more than Rs. 5 lakh. 3% plus/minus.

For works with estimated cost put to


tender more than Rs.5 lakh. 2% plus/minus.

(b) Bitumen All Works 2.5% plus & only & nil on
minus side.

(c) Steel Reinforcement and structural steel


sections for each diameter, section and
category 2% plus/minus

(d) All other materials. Nil

RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION

Rates in figures and words at which


recovery shall be made from the
Sl. Contractor
Description of Item
No. Excess beyond
Less use beyond
permissible
permissible variation
variation

1. Cement

2. Steel Reinforcement

3. Structural Sections

4. Bitumen issued free

5. Bitumen issued at stipulated


fixed price

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