Tender Document (Part Two) : Nava Raipur Atal Nagar Vikas Pradhikaran
Tender Document (Part Two) : Nava Raipur Atal Nagar Vikas Pradhikaran
Tender Document (Part Two) : Nava Raipur Atal Nagar Vikas Pradhikaran
INDEX
DETAILS PAGE
D. Draft Format for Performance Guarantee for Water Proofing and Anti-termite Works ...........112
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.
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.
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.
Address:
Occupation:
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.
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.
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.
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.
9. The tenderers shall sign a declaration under the officials Secret Act
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.
11. In the case of any tender where unit rate of any item/items appear
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.
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.
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:-
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.
(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.
(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) 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
(x) Tendered value means the value of the entire work as stipulated in
the letter of award.
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.
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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.
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Conditions of Contract NRANVP
(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.
(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
(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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NRANVP
CLAUSE 1 A
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NRANVP
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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NRANVP
This will also apply to items or group of items for which a separate period
of completion has been specified.
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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NRANVP
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:
(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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NRANVP
(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.
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NRANVP
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:
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NRANVP
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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NRANVP
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NRANVP
(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.
5.4 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
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NRANVP
The contractor shall, without extra charge, provide all assistance with
every appliance, labour and other things necessary for measurements
and recording levels.
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NRANVP
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.
CLAUSE 6A
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NRANVP
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.
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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.
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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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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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.
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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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.
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CLAUSE 9A
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.
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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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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 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
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.
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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.
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contractor.
3. The contractor.
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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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.
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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.
Price Adjustment: -
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.
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.
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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:
(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.
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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(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.
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(ii) For abutments, piers and well staining : All works up to 1.2
m above the bed level.
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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;
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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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CLAUSE 14
(b) Carry out the part work / part incomplete work of any item(s) by
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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.
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:
(b) for proper execution of the works or part thereof for reasons
other than the default of the contractor; or
(ii) If the suspension is ordered for reasons (b) and (c) in sub-para
(i) above:
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CLAUSE 16
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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.
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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
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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
CLAUSE 19 B
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(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.
(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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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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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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CLAUSE 22
CLAUSE 23
CLAUSE 24
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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:
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(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.
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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.
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.
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(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.
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.
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.
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CLAUSE 31 A
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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CLAUSE 33
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CLAUSE 34 Deleted
CLAUSE 35 – Deleted
CLAUSE 36
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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.
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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.
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.
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.
CLAUSE 41
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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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.
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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.
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.
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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.
(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.
(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.
(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.
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(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.
(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.
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(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.
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.
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(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.
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 :-
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(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
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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CONTRACT FORMS
(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
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: ________________
To,
Nava Raipur Atal Nagar Vikas Pradhikaran
Paryavas Bhawan, North Block, Sector-19,
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.
GCC NRANVP 2011 Page 108
NRANVP
Name of Bank
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.
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.
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: ______________________________
1. _________________________ Address
2. _________________________ Address
1._________________________ Address
2. _________________________ Address
To,
Nava Raipur Atal Nagar Vikas Pradhikaran
Paryavas Bhawan, North Block, Sector-19,
Nava Raipur Atal Nagar,Dist. Raipur 492 002, CHHATTISGARH
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
(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:
Address: Office:
Address:
D. Indemnity Bond
(On Rs.100/- (Rupees hundred only) Stamp Paper)
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.
SEAL
Accepted By
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
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.
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
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
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.
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.
1.
2.
1.
2.
………………
………………………………..
Dear Sir,
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
I/We certify that the information given above is true to the best of my/our
knowledge. I/We enclose following documents.
Yours faithfully,
(Signatures)
SCHEDULE 'A'
SCHEDULE 'B'
1 2 3 4 5
SCHEDULE 'C'
1 2 3 4
SCHEDULE ‘D'
SCHEDULE ‘E'
SCHEDULE 'F'
Definitions:
2(v) Engineer-in-Charge …………………………………………………………………….
Clause 1
(i) Time allowed for submission of Performance ………………….days
Guarantee from the date of issue of letter of
acceptance
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
1.
2.
3.
4.
5.
Authority to decide:
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. ……………………
Clause 10B(ii)
Whether Clause 10B (ii) shall be Yes / No
applicable
Clause 10C
Component of labour expressed as = ……………….%
percent of value of work
Clause 10CA
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 …………………………………
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.
(a) Cement
For works with estimated cost put to
tender not more than Rs. 5 lakh. 3% plus/minus.
(b) Bitumen All Works 2.5% plus & only & nil on
minus side.
1. Cement
2. Steel Reinforcement
3. Structural Sections