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Nagpur Municipal Corporation, Nagpur: Percentag Rate Tender "B-1"

The Nagpur Municipal Corporation is inviting online percentage rate tenders for the construction of a rainwater harvesting system at Sane Guruji School, with an estimated cost of Rs. 4,20,891 and an earnest money deposit of Rs. 4,209. The tender must be submitted by registered contractors, with a completion time of one month, and all relevant documents can be downloaded from the e-Tendering portal. The acceptance of the tender is contingent upon the verification of submitted documents, and any false information will lead to bid rejection.

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Anam Khan
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0% found this document useful (0 votes)
17 views94 pages

Nagpur Municipal Corporation, Nagpur: Percentag Rate Tender "B-1"

The Nagpur Municipal Corporation is inviting online percentage rate tenders for the construction of a rainwater harvesting system at Sane Guruji School, with an estimated cost of Rs. 4,20,891 and an earnest money deposit of Rs. 4,209. The tender must be submitted by registered contractors, with a completion time of one month, and all relevant documents can be downloaded from the e-Tendering portal. The acceptance of the tender is contingent upon the verification of submitted documents, and any false information will lead to bid rejection.

Uploaded by

Anam Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 94

NAGPUR MUNICIPAL CORPORATION, NAGPUR

PERCENTAG RATE TENDER “B-1”

NAME OF WORK : - Construction Of Rainwater Harvesting System (Recharge Shaft For Roof
Top ) At. Sane Guruji School In Gandhibagh Zone No.6

AMOUNT PUT TO TENDER: Rs. 4,20,891/-

E.M.D : Rs. 4,209/-


NAGPUR MUNICIPAL CORPORATION, NAGPUR

Executive Engineer (WW)

NOTICE INVITING TENDER

Online percentage rate tenders in 'B-1' Form are invited by the Commissioner, NMC, NAGPUR for the following works from
registered Contractors in appropriate class of the Nagpur Municipal Corporation, Nagpur. The name of work, estimated cost, earnest money,
security deposit, time limit for completion etc. are as under:

Date of opening
Cost of Last Date of
of e- Tender at
Amount Blank submission
Tend Time Limit in Class of 4.00PM
Name of work Put To EMD Tender of e-Tender
er Days Contractor
Tender upto 3.00
No
PM
(In (In Rs) (if possible)
(In Rs)
Rs)

Construction Of
1
Rainwater
Harvesting System
(Recharge Shaft For
Roof Top ) At. Sane 4,20,891/- 4,209/- 30 590 I TO
---- ----
Guruji School In VIII

Gandhibagh Zone
No.6

Tender form, conditions of contract, specifications and contract drawings can be downloaded from the e-Tendering portal i.e.
https://mahatenders.gov.in. Payment of tender cost shall be paid online using payment gateway only. The fees of tender document shall be
non-refundable. Further information regarding the work can be obtained from the office of Executive Engineer, NMC, Civil Lines, Nagpur.
Tender acceptance is subject to verification of documents uploaded by the Bidder. Uploading of any false information or documents by the
Contractor shall result in rejection of bid and action as may deem fit will be taken by NMC against the Contractor.

Executive Engineer (WW)


NMC, Nagpur
NAME OF WORK :- Construction Of Rainwater Harvesting System (Recharge Shaft For Roof
Top ) At. Sane Guruji School In Gandhibagh Zone No.6

INDEX

Sr. No. Particulars Pg. No.

VOLUME – I

1 General Information Of Contract

2 Details of Work

3 Detailed Tender Notice

4 Earnest Money

5 Security Deposit

6 Defect Liability Period

7 Scope of work

8 Memorandum

Volume – II, Tendering Procedure

9 Detailed Tendering Procedure

10 Condition Of Contract

11 Tender Form B-1

12 Memorandum

Volume – III

13 General Condition Of Contract

14 Additional Tender Conditions

15 Special Conditions

Conditions for the materials to be procured by the


16 Contractor

Additional conditions for cement, steel, bitumen to be


17 brought by the Contractor

18 Qualification Forms
19 Annexure

Annexure I – Material Testing

Annexure II – Self Declaration regarding Envelop No. 1

Annexure III – Declaration regarding Work allotted, completed


/Incomplete works

Annexure - IV Guarantee bond for security deposit.

Annexure – V Frequency Test

Annexure – VI Testing Statement

Appendix – I , ( Affidavit for Authenticity of Document On Rs.


20 500/- Stamp Paper)

21 Scheduled – A

22 Scheduled – B

23 Scheduled – C, Technical Specification

24 Scheduled – D, Drawings
NAGPUR MUNICIPAL CORPORATION,NAGPUR
Executive Engineer (WW)
General Information Of Contract

Original Agreement : B-1 (Percentage Rate)

Name of Work : Construction Of Rainwater Harvesting System (Recharge


Shaft For Roof Top ) At. Sane Guruji School In Gandhibagh
Zone No.6

Amount put to Tender : Rs. 4,20,891/-


(Inword Four Lac Twenty Thousand Eight Hundred and
Ninety One Rupees Only)

Time stipulate for completion of : 01 ( Month) Calendar Months


work

Contractor No. of Correction Executive Engineer


DETAILS OF WORK

NAME OF WORK: - Construction Of Rainwater Harvesting System (Recharge Shaft For Roof
Top ) At. Sane Guruji School In Gandhibagh Zone No.6

Estimated Cost put to tender : Rs. 4,20,891/-

1. Earnest Money : Rs. 4,209/-

2. Exemption in EMD to applicable contractors. : YES / NO

3. Total Security Deposit shall be : Rs. 8,418/- [ EMD of Lowest Bidder shall be
appropriated as SD + Balance from R. A. Bill]
4. TENDER SCHEDULE

Cost of Tender Form : Rs. 500/- +18% GST= 590/-

Period for Downloading Tender Forms : As per NIT

Last date and time for online bid : As per NIT


preparation and hash submission (technical
and financial)

Date and time for online bid data


decryption and re-encryption (technical and : As per NIT
commercial)

Receipt of online exemption Certificate, Self : There is no exemption in EMD to any contractor.
declaration on plain Paper in prescribed
(Pl. see 3 as above unless otherwise specified)
format and Tender Document fees, to be
paid online only via Payment Gateway mode
/ TDR of Additional performance Security
Deposit (If required)

Registration class : ------ to -----

TO BE FILLED IN BY THE CONTRACTOR

I/We have quoted my/our offer in percentage rate in words as well as in figures. I/We
further undertake to enter into contract in regular “B-1” form in NAGPUR MUNICIPAL
CORPORATION.

Name & Signature of Contractor

Contractor No. of Correction Executive Engineer


VOLUME - I

Contractor No. of Correction Executive Engineer


4

NAGPUR MUNICIPAL CORPORATION,NAGPUR

Executive Engineer (WW)


INVITATION FOR TENDERS

DETAILED TENDER NOTICE

NAME OFWORK: - Construction Of Rainwater Harvesting System (Recharge Shaft For Roof
Top ) At. Sane Guruji School In Gandhibagh Zone No.6

Online percentage rate tenders in 'B-1' Form are invited by the Commissioner, NMC, NAGPUR for the following works
from registered Contractors in appropriate class of the Nagpur Municipal Corporation, Nagpur. The name of work,
estimated cost, earnest money, security deposit, time limit for completion etc. are as under:

Tender form, conditions of contract, specifications and contract drawings can be downloaded from the e-
Tendering portal i.e. https://mahatenders.gov.in. Payment of tender cost shall be paid online using payment gateway
only. The fees of tender document shall be non-refundable. Further information regarding the work can be obtained from
the office of Executive Engineer, NMC, Civil Lines, Nagpur. Tender acceptance is subject to verification of documents
uploaded by the Contractor. Uploading of any false information or documents by the Contractor shall result in rejection
of bid and action as may deem fit will be taken by NMC against the Contractor.

Date of
Amount
Cost of Last Date of opening of
Put To
EMD Time Blank Class submission e-Tender at
Tende Tender
Name of work Limit in Tender of of e- -------- PM
r No
(In Rs) month Contractor Tender upto
(In Rs) ------- PM ( if
(In Rs)
possible)
Construction Of 500+(18
01 Rainwater Harvesting 01 Months %GST)= I TO VIII ---- -----
System (Recharge Shaft 590
For Roof Top ) At. Sane
Guruji School In 4,20,891/- 4,209/-
Gandhibagh Zone No.6

1.00 A. Blank Tender Forms

Tender Forms can be purchased from the e-Tendering Portal i.e. https://mahatenders.gov.in.
after paying Tender Fees via online mode as per the Tender Notice.
1.00 B. Pre-Tender Conference for work casting more than 150 Lakhs : AS per NIT

1.00 C. The tender submitted by the tenderer shall be based on the clarification, additional facility
offered (if any) by the NMC, and this tender shall be unconditional. Conditional tenders
shall be REJECTED.
1.00 D. All tenderers are cautioned that tenders containing any deviation from the contractual
terms and conditions, specifications or other requirements and conditional tenders will
be treated as non-responsive. The tenderer should clearly mention in forwarding letter
that his offer (in envelope No. 1 & 2) does not contain any conditions, deviations from
terms and conditions stipulated in the tender.

1.00 E. Tenderers should have valid Digital Signature Certificate (DSC) obtained from Certifying
Contractor No. of Correction Executive Engineer
5

Authorities. In case of requirement of DSC, interested Contractors should go to


https://mahatenders.gov.inand follow the procedure mentioned in the document
„Procedure for application of Digital Certificate‟.

1.00 F. For work casting more than 100 lakhs , post Tender Qualification Criteria is applicable
as given in tender document.

1.00 G. The Contractor shall have to submit on hard copy of Tender document within 72 hrs from
bid lock. This copy will only be opened in case deficiencies in the E-Tender procedure.

1.00 H. for works casting more than 150 Lakhs , Registration of contractor will not be essential
condition.

1.1 EARNEST MONEY:

(i) Earnest money shall be paid online using payment gateway mode only.
(ii) Earnest money Exemption Certificate if allowed in Envelope (1)
(iii) Tenderer of those who do not deposit earnest money in one of the above acceptable
form shall be summarily rejected.
(iv) The amount will be refunded to the unsuccessful tenderer on deciding about the
acceptance or otherwise after expiry of tender validity period of the tender. In
case of successful tenderer, it will be appropriated initial as Security Deposit.
1.2 A SECURITY DEPOSIT:

The successful tenderer whose tender is accepted will have to pay the balance amount
towards the Security Deposit as per mentioned in “Details of Work”.

1.3 ADDITIONAL PERFORMANCE SECURITY

After opening of Envelop No. 1 and 2, the L1 Bidder will have to submit Additional
Performance Security Deposit within a period of 8 days to the concerned Executive Engineer.
The limit of 8 days will not be relaxable on any grounds. If the L1 bidder fails to submit
additional performance security deposit within a period of 8 days, the bid of second lowest
bidder (L2) shall be considered.

Guidelines for payment of Additional Performance Security, if the


offer is lower than the estimated amount put to tender
1. Contractor shall have to submit Original Bank Guarantee/Original Demand Draft
amounting to 1 %, if the tender submitted is up to 10 % below the estimated cost.

2. If the tender submitted is more than 10 % below, the calculations of Additional


Performance Security shall be as under :

Example –For 1% to 10 % below rates – 1%.

For 14 % below rates – 1 % up to 10 % & 4 % for 14 % - 10 %, total shall be 5 %

For 14.23 % below rates – 1 % up to 10 % & 4.23 % for 14.23 % - 10 %, total shall be
5.23 %
For 15 % below rates – 1 % up to 10% & 5 % for 15 % - 10 %, total shall be 6 % ].

Contractor No. of Correction Executive Engineer


6

If tender submitted is more than 15 % below the estimated cost, the amount of additional
performance security for the balance percentage over 15 % shall be doubled& will be as
under :

Example – For 1 % to 10 % below rates – 1%.

For 15 % below rates – 1 % up to 10 % & 5 % for 15 % - 10 %, total shall be 6 %

For 19 % below rates – 1 % up to 10 % & 5 % for 15 % - 10 %, for balance (19%-15%)=4


% x 2 = 8 % total shall be (1%+5%+8 %)=14%

For 19.55 % below rates – 1 % up to 10 % & 5 % for 15 % - 10 %, for balance (19.55%- 15%)
=4.55 % X2 = 9.10 % total shall be (1%+5%+9.1%)= 15.10 %.

If the total amount of additional performance security is less than Rs 1,000, then Original
Bank Guarantee/Original Demand Draft shall be of Rs 1,000 minimum.

3. The Bank Guarantee/Demand Draft shall be drawn from Nationalized/Scheduled


Bank in favor of “The Commissioner, NMC, NAGPUR” payable at NAGPUR.

4. If the Bank Guarantee or Demand Draft found to be false, earnest money of the
tenderer shall be forfeited. He will be barred from participating in any tender of NMC,
Nagpur and will be included in the black list. The MICR and IFSC code of the issuing bank
shall be printed on the Demand Draft.

5. Additional Performance Security submitted by the L1 contractor will be refunded within


three months after Successful Completion of Work.
1.4 DEFECT LIABILITY PERIOD :
The defect liability period as Five years for the work
of Providing and laying storm drain line from the date
completion

1.5 IMPORTANT : The Awardees of the work shall download complete


tender document and make ONE hard copy from the downloaded soft
copy. All the pages of this hard copy shall be signed by the Contractor.
The lowest quoted tenderer (L1) shall submit this signed hard copy
within three days after receipt of Letter of Acceptance ofhis offer at
office of the Executive Engineer (WW), NMC, Nagpur.

1.6 The rates quoted by the Contractor shall be deemed to be inclusive of the labor
welfare cuss and all other taxes (other than G.S.T.) that the Contractor will have
to pay for the performance of this Contract. The Employer will perform such duties
in regard to the deduction of such taxes at source as per applicable law.

Contractor No. of Correction Executive Engineer


7

Payment of GST
i) Bidder shall quote his rate excluding GST.
ii) GST shall be payable on the accepted contract value.
iii) GST shall be paid to contractor on the amount of bill of work done as per
prevailing rate of GST during the period of work done.
1.7 VALIDITY PERIOD

The offer shall remain open for acceptance for period 60 Days from the
date of opening of Envelope No. 2 (Financial Bid) and thereafter until it is
withdrawn by the Contractor by notice in writing duly addressed to the
authority opening the tender and sent by Registered Post Acknowledgment due.

1.8 Royalty charges for the material

1. As the rates are inclusive of royalty charges, the contractor has to procure all the required
minors minerals required for the work by paying royalty charges. The contractor shall have to
submit royalty paid passes for the consumption of the miner minerals used for the quantities in
the respective bill. In absence to Royalty passed details, amount will be withheld from R. A.
Bills.
2. The contractor will be paid the Royalty charges on deduction of the clearance against the work
as per annexure-VII.

1.9 Stamp Duty


The successful bidder should enter into the agreement on stamp paper as per current practice
in NMC, Nagpur within a period of one week from the date of issue of “LoA”. The cost of such
expenses must be borne by contractor for that he should quote his offer considering all such
aspects specified in tender document.

Contractor shall submit a certificate to the effect that “All the payments to the labor/staff are made
in bank accounts of staff linked to Unique Identification Number (AADHAR CARD).” The certificate shall
be submitted by the contractor within 60 days from the commencement of contract. If the time period
of contract is less than 60 days then such certificates shall be submitted within 15 days from the date
of commencement of contract

Contractor No. of Correction Executive Engineer


8

1.0 Eligibility Criteria:-


2 The Tenderer Should be Registered Contractor in Nagpur Municipal
Corporation in class I to V

3 The bidders shall have experience of similar type of works as per G.R. No.
CAT/2017/P.9.04/हÆ7.2 5 7˙ 27/09/2018
4 The Experience certificate shall be obtained from the officer not below the rank
of Executive Engineer.
5 The Bidder shall have valid GST certificate.
6 Bidders Shall have to Submit EPF Registration. If bidder have no EPF
Registration then bidder shall have to submit Affidavit of Rs. 500/- Stamp
Paper as per Annexture II.
7 Bidder Shall have to submit Affidavit of Rs. 100/- Stamp Paper as per Appendix- I
8 If the work is asphalting, The Bidder Shall have own HMP within limit of 40KM, if not then
bidder shall have to submit copy of self-registered Rent/Lease agreement.
9 The bid capacity applicable vide circular no CAT-2022/ iz dz- 50 / b ek–2 Date
12/05/2022 The Bid capacity shall not be less than the amount put to tender
for which the bid is submitted. Bid capacity will be evaluated as part of post
qualification in the following manner. Calculation of Bid capacity should be
required on contactors letter head.
Bid Capacity = (A x N x 2.0) – B
A – Maximum Annual Turnover of civil engineering works excluding private work during
last Five years (updated to the current Value) which will take into Account the
Completed and part of ongoing works completed during last Five years (Such
certificate are required to be obtained from the Chartered Accountant of
Maharashtra State/Any State of India)
The financial figure will be escalated by multiplying factor as specified below

Year M. F.
Current 1.0
Year
2024-25 1.10
2023-24 1.20
2022-23 1.30
2021-22 1.40

Contractor No. of Correction Executive Engineer


9

1.11 Scope of The Work


Name of Work :- Construction Of Rainwater Harvesting System (Recharge Shaft For Roof
Top ) At. Sane Guruji School In Gandhibagh Zone No.6

As per Schedule “B”


1) Excavation for foundation Soft Rock, Hard Rock, Hard Murum
2) filling in sand boxing in pipeline
3) RCC M-20
4) Reinforcement
5) Drilling of 150 mm dia Borewell
6) Providing and Supplying ISI Mark PVC Pipes
7) Lowering, Laying and Jointining

Contractor No. of Correction Executive Engineer


10

VOLUME - II

2 – TENDERING PROCEDURE

Contractor No. of Correction Executive Engineer


11

2-DETAILED TENDERING PROCEDURE

2.1. Tender Forms.

2.1.1 Tender Forms can be downloaded from the e-Tendering portal. https://mahatenders.gov.in. Tender
Document Fee and EMD to be paid Via SBI MOPS Online Payment Gateway Mode Only. The contractor shall
upload successful payment receipt in ENVELOPE NO.1 TECHNICAL BID Documents. The tender submitted
by the tenderers shall be based on the clarification, additional facilityoffered (if any) by the
NMC, and this tender shall be unconditional. Conditional tenders will be REJECTED.

2.1.2 All tenderers are cautioned that tenders containing any deviation from the contractual
terms and conditions, specifications or other requirements and conditional tenders will be
treated as non- responsive. The contractor should clearly mention in forwarding letter that
his offer (in Envelope No.1 & 2) does not contain any condition, deviations from terms and
conditions stipulated in the tender.

2.1.3 Tenderers should have valid Digital Signature Certificate (DSC) obtained from Certifying Authorities.

2.1.4 For any assistance on the use of Electronic Tendering System, the Users may call the below Toll Free
Ph. No. 0120-4200462, 0120-4001002,0120-4001005

2.1.5 Special Instructions to the Contractors for the e-submission of the bids : Contractor
must register themselves on https://mahatenders.gov.in portal.

2.1.6 The registered DSC e-token shall be used by the contractor and should not be misused
by others.

2.1.7 The Contractors can update well in advance, the documents such as certificates,
purchase order details etc., under My Documents option and these can be selected as per
tender requirements and then attached along with bid documents during bid submission.

2.1.8 After downloading / getting the tender schedules, the Contractor should go
through them carefully and then submit the documents as asked, otherwise, the bid will
be rejected.

2.1.9 If there are any clarifications, this may be obtained online through the tender site,
or through the contact details. Contractor should take into account of the corrigendum /
CSD if any published before submitting the bids online.

2.1.10 Contractor, in advance, should get ready the bid documents to be submitted as
indicated in the tender schedule and they should be in PDF/XLS/RAR formats. If there
is more than one document, they can be clubbed together.

2.1.11 Document Tender Fee and EMD to be paid via SBI MOPS Online Payment
Gateway Mode only and upload successful payment receipt in ENVELOPE NO.1
TECHNICAL BID Documents.

2.1.12 The contractor shall read the terms & conditions and accepts the same to proceed
further to submit the bids.

2.1.12 The contractor has to submit the tender document online well in advance before

Contractor No. of Correction Executive Engineer


12

the prescribed time to avoid any delay or problem during the submission process.
2.1.13 After the bid submission, the acknowledgement number, given by the e- tendering
system should be printed by the contractor and kept as a record of evidence for online
submission of bid for the particular tender.

2.1.14 Document Tender Fee and EMD to be paid via SBI MOPS Online Payment Gateway
Mode only. The contractor shall upload successful payment receipt in Envelope
No.1 Technical Bid Documents.

2.1.15 The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay
or the difficulties faced during the submission of bids online by the contractors.

2.1.16 The contractor shall submit the bid documents by online mode through the site
https://mahatenders.gov.in as indicated in the tender documents.

2.1.17 The tendering system will give a successful bid updating message after uploading
all the bid documents submitted & then a bid summary will be shown with the bid no,
date & time of submission of the bid with all other relevant details. The documents
submitted by the contractors will be digitally signed using the DSC e-token of the
contractor and then submitted. The bid summary has to be printed and kept as
an acknowledgement as a token of the submissionof the bid. The bid summary will
act as a proof of bid submission for a tender floated and will also act as an entry
point to participate in the bid opening date.

2.1.18 Contractor should log into the site well in advance for bid submission so that he
submits the bid in time i.e on or before the bid submission end time. If there is any
delay, due to other issues, contractor shall only be responsible.

2.1.19 The contractor should see that the bid documents submitted should be free from
virus and if the documents could not be opened, due to virus, during tender
opening, the bid is liable to be rejected.

2.1.20 The time settings fixed in the server site & displayed at the top of the tender site,will
be valid for all actions of requesting, bid submission, bid opening etc., in the e-tender
system. The contractors should follow this time during bid submission.

2.1.21 All the data being entered by the contractors would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered will not
viewable by unauthorized persons during bid submission & not be viewableby
any one until the time of bid opening. Overall, the submitted tender documents
become readable only after the tender opening by the authorized individual.

2.1.22 The contractors are requested to submit the bids through online e-tendering System
to the TIA well before the bid submission end date & time (as per Server System
Clock).

2.1.23 The contractor should upload the Technical Bid in .rar format file to upload in
Technical cover and then BOQ in .xls format single file to be uploaded in
ENVELOPE NO.2 FINANCIAL BID Documents.

2.1.24 The contractor shall submit one hard copy of tender document within 72 hrs. for
the bid lock.

Contractor No. of Correction Executive Engineer


13

The User acknowledges and agrees that his/ her information will be managed in accordance
with the laws for the time in force.

2.1.25 PAYMENT GATEWAY DISCLAIMER

The Service is provided in order to facilitate payment of Tender Fees/Earnest Money Deposit
online. The Merchant or the Payment Gateway Service Provider(s) do not make any
representation of any kind, express or implied, as to the operation of the Payment Gateway
other than what is specified in the Website for this purpose. By accepting/agreeing to these
Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online
payment service is entirely at own risk and responsibility of the User.

2.1.26 ENVELOPE No. 1: (Technical Envelope)

Scanned Documents from the Originals shall only be uploaded.

The contractor must purchase the bidding documents via online mode by paying the
cost of Tender online.

The first envelope “Envelope No. 1” shall contain the following documents:

i) Scanned from original of Valid Registration certificates as a Registered


Contractor in appropriate class

ii) Self-Declaration of Contractor on plain paper regarding completeness, correctness and


truthfulness of documents submitted as per prescribed proforma given in Annexure II

iii) Scanned from original list of works completed and in hand and works
tendered along with supporting certificates.

iv) Self-declaration on plain paper regarding Work allotted, completed


/incomplete works from the beginning of Registration as per prescribed
proforma given in Annexure II

v) Valid Registration Certificate under Goods and Services Tax issued by Competent
Authority and this certificate should be valid on the date of openingof tender
otherwise his/their Envelope No.2 will not be opened.

vi) The Tendered shall have to upload all the documents required for
qualificationas per qualification criteria mentioned for this work.
vii) As per Govt. of Maharashtra Resolution dated 27.11.2018, it has been made
mandatory that the contractor shall submit an affidavit in Envelope No. I on stamp
paper of Rs. 500, stating that the documents submitted by him along with the
tender, along with the bills & documents submitted with related letters are true,
genuine and correct. The format of Affidavit is attached at Appendix-I. This affidavit
shall be part & parcel of tender document.

Contractor No. of Correction Executive Engineer


14

Note : Even though the contractors meet the above qualifying criteria,
they are subjected to be disqualified if they have made misleading or
false representation in the forms statement and attachments submitted
as proof of the qualification requirements and / or record of post-
performance such as abandoning the works,not properly completing
the contract, inordinate delays in completion, litigation history or
financial failures etc.

2.1.27 ENVELOPE No.2 (Financial Envelope)

(i) Upload Blank Tender Copy only in Word Format Issued and Digitally Signed by the
NMC.
(ii) Rate offer to be submitted online ONLY. In case of discrepancy, if any, between the
offers quoted in figure and that appearing in words, the lower of the two only will be taken
as the offer quoted by the tenderer.
2.1.28 SUBMISSION OF TENDER:

Refer to Section 1.0 [ Guidelines to Contractors on the operations of Electronic


Tendering System of Public Works NMC‟ for details. ]

2.1.29 OPENING OF TENDERS:

On the date, specified in the Tender Notice.

Following procedure will be adopted for opening of the Tender.

(A) ENVELOPE No. 1 :- (Technical Envelope)


First of all Envelope No. 1 of the tender will be opened online to verify its contents as per requirements. If
the various documents contained in this envelope do not meet the requirements of the NMC, a note will
be recorded accordingly by the tender opening authority and the said tenderer’s Envelope No. 2 will not be
considered for further action and the same will be rejected. Any clarification required for any documents
will be sought but at the sole discretion of the Tender opening authority.

The decision of the tender opening authority in this regard will be final and binding on the contractors.

(B) ENVELOPE No. 2: (Financial Envelope)


a) This envelope shall be opened online immediately after opening of Envelope No. 1, only
if contents of Envelope No. 1 are found to be acceptable to the NMC. The tendered rates in
Schedule „B‟ or percentage above/below the estimated rates shall then be read out in
presence of contractors who remain present at the time of opening of Envelope No.2.

2.1.30 TIME LIMIT:


The work is to be completed within time limit as specified in the NIT which
shall be reckoned from the date of written order for commencingthe work
and shall be inclusive of monsoon period.

Contractor No. of Correction Executive Engineer


15

2.1.31 TENDER RATE:


No alteration in the form of tender and the schedule of tender and no additions
in the scope of special stipulations shall be permitted. Rates quoted for the tender
shall be taken as applicable for all leads, lifts and taxes unless otherwise specified
in the tender.
2.1.32 TENDER UNITS:
The tenderers should particularly note the units mentioned in the Schedule “B”,
on which the rates are based. No change in the units shall be allowed. In the case
of difference between the rates written in figures and in words, the correct rate
will be the one, which is lower of the two.
2.1.32 CORRECTION:
No corrections shall be made in the tender documents. Any corrections that are to
be made shall be made by crossing the incorrect portion and writing the correct
portions above with the initials of tenderer.
2.1.33 ACCEPTANCE OF TENDER:
Acceptance of tender shall rest with the Commissioner, NMC, NAGPUR
who reserves the right to reject any or all tenders without assigning any
reason thereof. The tenderer whose tender is accepted will have to enter
in to a regular B-1 agreement within 8 days of being notified to do so. In
case of failure on the part of Tenderer to sign the agreement within the
stipulated time, the earnest money paid by him shall stand forfeited to the
NMC and the offer of the tenderer shall be considered as withdrawn by
him and he will be banned to participate for tenders next 3 months in NMC.
2.1.34 CONDITIONAL TENDER:
The tenders who do not fulfill the condition of the notification and the general
rules and directions for the guidance of Contractor in the agreement form
or are incomplete in any respect are likely to be rejectedwithout assigning any
reason therefore.
(a) The Tenderers shall be presumed to have carefully examined the drawings,
conditions and specifications of the work and have fully acquainted
themselves with all details of the site, the conditions of rock and its joints,
pattern, river, weather characteristics, labor conditions and in general with
all the necessary information and data pertaining to the work, prior to
tendering for the work.
(b) The data whatsoever supplied by the NMC along with the tender
documents are meant to serve only as guide for the tenderers while
tendering and the NMC accepts no responsibility whatsoever either for the
accuracy of data or for their comprehensiveness.
(c) The quarries for extraction of metal, murum etc. provided in the
sanctioned estimate are as per survey conducted by the NMC. The
Contractor should however examine these quarries and see whether full
quantity of materials required for execution of the work strictly as per
specification are available in these source before quoting the rates. In case
the materials are not available due to reasons whatsoever, the Contractor
will have to bring the materials from any other source with no

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extra cost to NAGPUR MUNICIPAL CORPORATION NAGPUR. The rates


quoted, should therefore be for all leads and lifts from wherever the
materials are brought at site of work and inclusive of royalty to be paid to
the Revenue Department by the Contractor.
2.1.35 POWER OF ATTORNEY:

If the tenderers are a firm or company, they should in their forwarding letter mention
the names of all the partners together with the name of the person who holds the
power of Attorney, authorizing him to conduct all transactions on behalf of the
body, along with the tender.
1. The tenderer may, in the forwarding letter, mention any points are may wish
to make clear but the right is reserved to reject the same or the whole of the
tender if the same becomes conditional tender thereby.
2. The Contractor or the firms tendering for the work shall inform the NMC if they
appoint their authorized Agent on the work.
a. No foreign exchange will be released by the NMC for the purchase of plantsand
machinery for the work by the Contractor.
b. Any dues arising out of contract will be recovered from the Contractor as
arrears of Land Revenue, if not paid amicably. Moreover, recovery of
NAGPUR MUNICIPAL CORPORATION dues from the Contractors will be
affected from the payment due to the Contractor from any other NAGPUR
MUNICIPAL CORPORATION works under execution with them.
3. All pages of tender documents, conditions, specifications, correction slips
etc. shall be initialed by the tenderer. The tender should bear full signature
of the tender, or his authorized power of Attorney holder in case of a firm.

2.1.36 The Income Tax at 2.30 % including surcharge or percentage in force from time
to time or at the rate as intimated by the competent Income Tax authority shall
be deducted from bill amount whether measured bill, advance payment or
secured advance.

The successful tenderer will be required to produce, to the satisfactionof


the specified concerned authority a valid concurrent license issued in his favor
under the provisions of the Contract Labor(Regulation and Abolition) Act 1970
for starting the work. On failure to do so, the acceptance of the tender shall be
liable to be withdrawn and also liable for forfeiture of the earnest money.

2.1.37 The tenderer shall submit the list of apprentices engaged by the Contractor
under Apprentice Act.

2.1.38 Cass @ 1% (One percent) shall be deducted at source from every bill of the Contractor by the
Executive Engineer (WW)Under “Building and Other Construction for workers Welfare Cass
Act1996

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3 - STANDARD
B-1 CONDITIONES OF CONTRACT

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CONDITIONS OF CONTRACT
Clause1 Security Deposit :-The person / persons whose tender may be accepted (herein after called
the Contractor, which expression shall unless excluded by or repugnant to the context include his,
heirs executors, administrators, Contractor and assigns) shall (A) within 10 days (which may be
extended by the Superintending Engineer concerned upto 15 days if the Superintending Engineer
thinks fit to do so) of the receipt by him of the notification of the acceptance of his tender deposit
with the Executive Engineer (WW)in cash or Govt. securities endorsed to the Executive Engineer (WW)
(if deposited for more than 12 months) of sum sufficient which will make up the full securitydeposit
specified in tender or (B) permit NAGPUR MUNICIPAL CORPORATION at the time of making any
payment to him for work done under the contract to deduct such as will amount to 10 ( Ten) percent
of all moneys so payable, such deduction to be held by NAGPUR MUNICIPAL CORPORATION by way
of security deposit, provided always, that, in the event of the Contractor depositing a lump sum by
way of security deposit as contemplated at (A) above, then and in such case, a the sum so deposited
shall not amount to 10 (Ten) percent, of the total estimated cost of the work, it shall be lawful for
NAGPUR MUNICIPAL CORPORATION at the time of making any payment to the Contractor for work
done under the contract, to make up the payment to the Contractor for work done under the contract
to make up the full amount of 10 (ten) percent, by deducting a sufficient sum from every such
payment as last aforesaid, until the full amount of the security deposit is made up.

All compensation or other sum of money payable by the Contractor to NMC under the terms
of his contract may be deducted from or paid by the sale of sufficient part of his security deposit or
from the interest arising there from or from any sums which may be due or may become due by NMC
to the Contractor under any other contract or transaction of any nature on any account whatsoever,
and in the event of his security deposit being reduced by reason of any such deduction or sale as
aforesaid the Contractor shall within ten days thereafter make good in cash or NAGPUR MUNICIPAL
CORPORATION securities endorsed as aforesaid, any sums or sums which may have been deducted
from or raised by sale of his security deposits or may part thereof. The security deposit referred to,
when paid in cash may, at the cost of the depositor, be converted into interest bearing securities
provided that the depositor has expressly desired this in writing.

If the amount of the Security Deposit to be paid in lump sum within the period specified at
(A) above is not paid, the tender / Contract already accepted shall be considered as cancelled and
legal step will be taken against the Contractor for recovery of the amounts. The amount of the Security
Deposit lodged by a Contractor shall be refunded along with the payment of the final bill, if the date
up to which the Contractor has agreed to maintain the work in good order is over. If such date is not
over, only 50% amount of security deposit shall be refunded along with the payment of the final bill.
The amount of security deposit retained by the NAGPUR MUNICIPAL CORPORATION shall be released
after expiry of period up to which the Contractor has agreed to maintain the work in good order is
over. In the event of the Contractor failing or neglecting to complete rectification work within the
period up to which the Contractor has agreed to maintain the work in good order, then subject to
provisions of clause 17 and 20 here of the amount of security deposit retained by NAGPUR MUNICIPAL
CORPORATION shall be adjusted towards the excess cost incurred by the NMC on rectification work.

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Clause 2 Compensation for delay :-The time allowed for carrying out the work as entered in the
tender shall be strictly observed by the contractor and shall be reckoned from the date on which the
order to commence work is given to the contractor. The work shall throughout the stipulated period
of the contract be proceeded with, all due diligence (time being deemed to be the essence of the
contract on part of the contractor) and the contractor shall pay as compensation an amount equal
to one percent, or such smaller amount as the Superintending Engineer (whose decision in writing
shall be final) may decide, of the amount of the estimated cost of the whole work as shown in the
tender for every day that work remains un- commenced, or unfinished after the proper dates. And
further to ensure good progress during the execution of the works, the contractor shall be bound in
all cases, in which the time allowed for any work exceeds one month to complete. 1/4 of the work
in 1/4 of the time 1/2 of the work in 1/2 of the time 3/4 of the work in 3/4 of the time Full work in
time limit specified in NIT including Monsoon. In the event of the contractor failing to comply with
these conditions he shall be liable to pay as compensation an amount equal to one percent, or such
smaller amounts as the Superintending Engineer (whose decision in writing shall be final) may decide
of the said estimated cost of the whole work for every day that the due quantity of work remains
incomplete. Provided always that the total amount of compensation to be paid under provision of this
clause shall not exceed 10 percent of the estimated cost of the work shown in the tender.
Superintending Engineer should be the final authority in this respect irrespective of the fact that the
tender is accepted by Executive Engineer.

Clause 3 : Action when whole of Security Deposit is forfeited In any case in which under any clause
or clauses of this contracts the contractor shall have rendered himself liable to pay compensation
amounting to the whole of his security deposit (whether paid in one sum or deducted by installments)
or in the case of abandonment of the work owing to serious illness or death of the contractor or any
other cause, the Executive Engineer (Zone 4)on behalf of the Governor of Maharashtra shall have
power to adopt any of the following courses as he may deem best suited to the interest of NAGPUR
MUNICIPAL CORPORATION.
a) To rescind the contract (of which rescission notice in writing to the contractor under the hand of
the Executive Engineer (WW)shall be conclusive evidence) and in that case the security deposit of the
Contractor shall stand forfeited and be absolutely at the disposal of NAGPUR MUNICIPAL
CORPORATION.
b) To carry out of work or any part of the work NM ally debiting the contractor with the cost of the
work, expenditure incurred on tools and plant, and charges on additional supervisory staff including
the cost of work charged establishment employed for getting unexecuted part of the work
completed and crediting him with the value of the work done NMC ally in all respects in the same
manner and at the same rates as if it had been carried out by the contractor under the terms of the
contract. The certificate of the Executive Engineer (WW)as to the cost of the work and other allied
expenses so included and the value of the work so done NMC ally shall be final and
conclusive against the contractor.
c) To order that the work of the contractor be measured up and to take such part thereof as shall be
unexecuted out of his hands and to give it to another contractor to complete, in which case all
expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff
including the cost of work charged establishment and cost of the work executed by the new contract
agency will be debited to contractor and the value of the work done or executed in the same manner
and at the same rates as if it had been carried out by the through the new contractor shall be credited
to the contractor in all respects and in the same manner and at the same rates as if had been carried
out by the contractor under the terms of his contract. This certificate of the

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Executive Engineer (WW)as to all the cost of the work and other expenses incurred as aforesaid for
or in getting the unexecuted work done by the new contractor and as to the value of the work done
by the new contractor and as to the value of the work so done shall be final and conclusive against
contractor.
In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to
recover or be paid any sum for any work thereto actually performed by him under this contract unless
and until the Executive Engineer (WW)shall have certified in writing the performance of such work
and the amount payable to him in respect thereof he shall only be entitled to be paid the amount so
certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the
cost of the work executed NMC or through a new contractor and other allied expenses exceeding the
value of such work credited to the contractor, the amount of excess value shall be deducted from any
money due to the contractor by the Govt. under the contract orotherwise, howsoever or from his
security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have
no claim against NAGPUR MUNICIPAL CORPORATION even if certified value of the work done NMC
or through a new contract except the certified cost of such work and allied expenses provided always
that whichever of the three courses mentioned in clause (a) (b) or (c) is adopted by the Executive
Engineer, the contractor shall have no claim to compensation for any loss sustained by reason of him
having no claim to compensation for any materials, or entered into engagement or made any advance
on account of or with a view of the execution of the work or the performance of contract.
Clause 4 : Action when process of particular work is unsatisfactory If the progress of any particular
portion of the work is unsatisfactory the Executive Engineer (WW)shall not withstanding that the
general progress of the work is satisfactory in accordance with clause 2 be entitled to take action
under clause 3 (b) after giving the contractor 10 days notice in writing and the contractor will have no
claim for compensation for any loss sustained by him owing to such action.
Clause 5: Contractor Remains liable to pay compensation if action not taken under clause 3 Power
to take possession of or required removal of or all contractors plant In any case in which any of the
powers conferred upon the Executive Engineer (WW)by clause 3 and 4 hereof shall have become
exercisable and the same shall not have been exercised the e non-exercise there o shall not constitute
a waver of any of the conditions hereof and such powers shall not-with standing be exercisable in any
future case of default by the contractor for which by under any clause or clauses hereof he is declared
liable to pay compensation amounting to the whole of his security deposit and the liability of the
contractor for past and future compensation shall remain unaffected. In the eventof the Executive
Engineer (WW)taking action under sub-clause (a) or (c) of clause (3) he may, if he so desires, take
possession of all or any tool plant, materials and stores in or upon the works or the site thereof or
belonging to the contractor or procured by him and intended to be used for the execution of the
works or the site thereof or belonging to the contractor, or procured by him and intended to be used
for the execution of the work or any part thereof, paying or allowing, for the same in account at the
contract rates, or in the case of contract rates not being applicable at currentmarket rates, to be
certified by the Executive Engineer (WW)whose certificate there of shall be final. In the alternative
the Executive Engineer (WW)may, by notice in writing to the contractor or to his clerk of the works,
foreman or other authorized agent require him to remove such tools, plant materials or stores from
the premises within a time to be specified in such notice and in the event ofcontractor failing to
comply with any such requisition the Executive Engineer (WW)may remove them at the contractor’s
expenses or sale them by auction or private sale, at risk and account of the contractor in all such
removal and the amount of the proceeds and expenses of any such sale be final and conclusive
against the contractor.

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Clause 6 Extension of time limit: If the contractor desires an extension of the time for completion of
the work on the ground of his having unavoidable hindering in it execution or on the other ground,
he shall apply in writing to the Executive Engineer (WW) before the expiration of the period
stipulated in the tender or before the expiration of 30 days from the date to which he was hindered
as aforesaid or on which the cause for asking ever extension occurred, whichever is earlier and the
Executive Engineer (WW) may, if in his opinion there are reasonable ground for granting an
extension, grant such extension as he thinks necessary or proper. The decision of the Executive
Engineer in this matter shall be final.

Clause 6 A : In the case of delay in handing over the land required for the work due to unforeseen
cause, the contractor shall not be entitled for any compensation what so ever from the NAGPUR
MUNICIPAL CORPORATION on the ground that the machinery or the Laborwas idle for certain period.
Contractor may, however apply for extension of time limit which may be granted on the merit of the
case.

Clause 7 Final Certificate: On completion of the work the contractor shall be finished with a certificate
by the Executive Engineer (WW)(Hereinafter called the Engineer-in-charge) in such completion but no
certificate shall be given nor shall the work be considered to be complete until the contractor shall
have removed from the premises on which the work shall have been executed, all scaffolding, surplus
materials and rubbish and shall have cleaned of the dirt from all wood work, doors, floors or other
parts of any building in or upon which the work has been executed or on which he may have had
possession for the purpose of executing the work or until the work shall have been measured by
the Engineer-in-charge or where the measurements have been taken by his subordinates until they
have received the approval of the Engineer -in charge the said measurement being binding and
conclusive against the contractor. If the contractor fails to comply with the requirement of the clause
as to the removal of scaffolding, surplus material and rubbish and cleaning of dirt on or before the
date fixed for the completion of the work. The Executive-in- charge may at the expense of the
contractor, remove such scaffolding, surplus materials and rubbish and dispose off the same as he
think fit and clean of such dirt as aforesaid and the contractor shall forthwith pay the amount of all
expenses so incurred but shall have no claim in respect of any such scaffolding or surplus materials as
aforesaid except for any sum actually realized by the sale thereof.

Clause 8 Payments on intermediate certificate to be regarded as advance : No payment shall be


made for any work estimated to cost less than Rs. One thousand till after the whole of the said work
shall have been completed and a certificate of completion given. But in the case of the works
estimated to cost more than Rs. One thousand, the contractor shall not submitting a monthly bill
there off be entitled to receive payment proportionate to the part of the work then approved and
passed by the Engineer-in-charge whose certificate of such approval and passing of the sum payable
shall final and conclusive against the contractor. All such intermediate payment shall be regarded as
payment by way of advance against the final payment only and not preclude the Engineer-in charge
from requiring any bad, unsound, imperfect or unskillful work to be removed payment be considered
as an admission of the due performance of the contractor or any part thereof, in any respect of the
occurring of any claim, nor shall it conclude, determine or affect in any way the powers of the
Engineer-in-charge as to final settlement and adjustment of the accounts or otherwise or in any other
way vary or affect the contract. The final bill shall be submitted by the Contractor within one months
of the date fixed for the completion of the work otherwise the

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Engineer-in-charge’s certificate of the measurement and of the total amount payable for the work
shall be final and binding on all parties.

Clause 8A- Henceforth the construction of concrete road work, 20% amount of PQC work shall be
retained from running bills in addition to the amount retained for test results of PQC for execution
& completion of remaining provisions to be executed within ROW in the tender such as Paver blocks
or Asphalting, ducts, drains or footpath work, divider and beautification in divider portion, approach
road and square development etc.

However, in case where execution & completion of such works are delayed due
to technical reasons beyond the scope of the contract, Executive Engineer (WW)in-charge may take
suitable decision in this regard.

Clause 8B - Additional 20% amount of Asphalting work shall be retained from running bills in addition
to the amount retained for test results of B.M, D.B.M, B.C. for satisfaction execution of development
of side shoulders in expected slope and compaction thereof, proper slope of formation, drain work,
as also execution of provision in the tender such as road marking paint, fixingof Km. stone, furlong
stone, Tree plantation etc. Payment of this 20% retained amount shall be made only after
satisfactory completion of above work.

Clause 8C - In case provision available in the tender for Tree plantation, the same be
executed through Contractor or by appointing any agency through contractor and
planning of open space be kept around trees for breathing. Payment may be retained
for this too in the work of Asphalting and PQC.

Clause 9 Payments at reduce rates on account of items of work not accepted as completed to be
at the discretion of the engineer-in-charge : The rates for several items of work estimated to cost
more than Rs. One thousand agreed to within shall be valid only when the item concerned is accepted
as having been completed fully in accordance with the sanctioned specifications. In case where the
items of work are not accepted as so completed the Engineer-in-charge may make payment on
account of such items at such reduced rates as he may consider reasonable in preparation of final or
on account bills. Bill to be submitted monthly Bill to be on printed form.

Clause 10 Bills to be submitted monthly : A bill shall be submitted by the contractor each month on
or before the date fixed by the Engineer-in-charge for all work executed submitted in the previous
month, and the Engineer-in-charge shall take or cause to be taken the requisite measurement for
the purpose of having the same verified and the claim so far as it is admissible shall be adjusted, if
possible within ten days from the presentation of the bill. If the contractor does not submit the bill
within time fixed as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the
said work in the presence of the contractor or his duly authorised agent whose counter signature to
the measurement list shall be sufficient warrant and the Engineer-in-charge may prepare a bill from
such list which shall be binding on the contractor in all respects.

Clause 11 Bill to be on printed form : The contractor shall submit all bills on the printed forms to be
had on application at the office of the Engineer-in-charge. The charges to be made in the bills shall
always be entered at the rates specified in the tender or in the case of any extra work ordered in

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pursuance of these conditions and not mentioned or provided for in the tender, at the rate
hereinafter provided for such work.

Clause 12 Stores supplied by NAGPUR MUNICIPAL CORPORATION : If the specification or estimate


of the work provides for the use of any special description of materials to be supplied from the
P.W.D. store or if it is required that the contractor shall use certain stores to be provided by the
Engineer-in-charge (such material and stores, and the prices to be charged therefore as hereinafter
mentioned being so far as practicable for the convenience of the contractor but not so in any way to
control the meaning or effect of this construction specified in the schedule or memorandum hereto
annexed) the contractor shall be supplied with such materials and stores as may be required from
time to time to be used by him for the purpose of the construction only, and values of the full quantity
of materials and stores as supplied shall be set off or reduced from any sums then due, or hereafter
to become due to the contractor under the contract or otherwise or from the security deposits, or
the proceeds of sale thereof, if the deposit is held in NAGPUR MUNICIPAL CORPORATION, and shall
on no account be removed from the site of the work and shall at all times be open to inspection by
the Engineer-in-charge. Any such material unused and is perfectly in good condition at the time of
completion or determination of the contract shall be returned to the Public Works NMC stores, if the
Engineer-in-charge so requires by a notice in writing given under his hand, but the contractor shall
not be entitled to return any such materials except with such consent andhe shall have no claim for
compensation on account of any such material supplied to him as aforesaid but remaining unused by
him or for any wastage into damage thereto.

Clause 12 A Store Material : All store of contractor material such as cement ,steel Bitumen etc
Supplied by the contractor at his own cost should be kept by the contractor under lock and key and
will be accessible for inspection by the Executive Engineer (WW) Case of Bitumen , if insert be
purchased from Government Refineries Only & Original bill to be Submitted by the Contractor along
with R. A. Bill.

Clause 13 Work to be executed in accordance with specification, drawing, orders etc : The contractor
shall execute the whole and every part of the work like manner and both as regards materials and
every other respect in strict accordance with specifications. The contractor shall also confirm exactly
fully and faithfully to the designs, drawings and instructions in writing relating to the work signed by
the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have
access for the purpose of inspection at such office or at the site of work during office hours. The
contractor will be entitled to receive three sets of contracts drawings and working drawings as well
as one certified copy of the accepted tender along with the work order free of cost. Further copies of
the contract drawings and working drawings, if required by him, shall be supplied at the rate of Rs.
500 /- per set of contact drawing and Rs. 150/- per working drawing except where otherwise specified.

Clause 14 Alteration in Specifications and designs not to invalidate contract and Rate for work not
entered in estimate or schedule of rates of NMC: The Engineer-in-charge shall have power to make
any alterations in, or additions to, location of site, the original specifications, drawings, designs and
instructions, that may appear to him to be necessary or advisable during the progress of the work and
the contractor shall be bound to carry out the work in accordance with any instructions in this
connection which may be given to him in writing signed by the Engineer-in-charge and such

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alteration shall not invalidate the contract, and any additional work which the contractor may be
directed to do in the manner above specified as a part of the work shall be carried out by the
contractor in the same conditions in all respects on which he agreed to the main work and at the same
rates as per specified in the tender for the main work. And if the additional or altered work, includes
any class of work for which no rate is specified in this contract, then such class of work shall be carried
out at the rates entered in Schedule of Rates of the division or at the mutually agreed upon between
the Engineer-in-charge and the contractor, whichever are lower. If the additional or altered work, for
which no rate is entered in the schedule of rates of the division, is ordered to be carried out before
the rates are agreed upon, then the contractor shall within seven days of the date of receipt by
him of order to carry out work inform the Engineer-in-charge of the rate which itis his intention to
charge for such class of work, and if the Engineer-in-charge does not agree to this rate he shall by
notice in writing be at liberty to cancel his order to carry out such class of work and arrange to carry
it out in such manner as he may consider advisable, provided always that if the contractor shall
commence work or incurs any expenditure in regard thereto before the rate shall have been
determined as lastly here in-before mentioned then in such case he shall only be entitled to be paid
in-respect if the work carried out or expenditure incurred by him prior to the date of the
determination of the rate as aforesaid according to such rate or rates as shall be fixed by the Engineer-
in-charge. In the event of a dispute the decision of the Competent authority of the NMC will be final.

Where however, the work is to be executed according to the designs, drawings, and
specification recommended by the contractor and accepted by the competent authority the
alterations above referred to shall be within the scope of such designs, drawing and specifications to
the tender.

The time limit for the completion of work shall be extended in the proportion that the increase
in its cost occasioned by alterations or additions bears to the cost of the original contract work and
the certificate of the Engineer-in-charge as to such proportion shall be conclusive. However no extra
payment on account of extension of site shall be entertained.

Clause 15 No claim to any payment or compensation for alteration in or restriction of work : 1) If


at any time after the execution of the contract documents, the Engineer in charge shall for any reason
whatsoever (other than default on the part of the contractor and for which NAGPUR MUNICIPAL
CORPORATION is entitled to rescind the contract) desire that the whole or any part of the work
specified in the tender should be suspended for any period or that the whole or part of the work
should not be carried out at all he shall give to the contractor a notice in writing of such desire and
upon the receipt of such notice the contractor shall forthwith suspend or stop the work wholly or in
part as required, after having due regard to the appropriate state at which the work should be stopped
or suspended so as not to cause any damage or injury to the work already done or endanger the
safety thereof provided the decision of the Engineer in charge as to the stage at whichthe work or
any part or it could be or could have been safely stopped or suspended shall be final and conclusive
against the contractor. The contractor shall have no claim to any payment or compensation what-so-
ever by reason of or in pursuance of any notice as aforesaid on account of any suspension, stoppage
or curtailment except to the extent specified here-in-after.
(2) Where the total suspension of the work ordered as aforesaid continued for a continuous period
exceeding 90 days the contractor shall be at liberty to withdraw from the contractual obligations
under the contract so far as it pertains to the unexecuted part of the work by giving a 10 days prior
notice in writing to the Engineer in charge , within 30 days of the expiry of the said period of 90 days

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of such Intention and requiring the Engineer in charge to record the final measurements of the work
already done and to pay the final bill. Upon given such notice, the contractor shall be deemed to have
been discharged from his obligation to complete the remaining unexecuted work under this contract.
On receipt of such notice the Engineer shall proceed to complete the measurement and make such
payment as may be finally due to the contractor within a period of 90 days from the receipt of such
notice in respect of the work already done by the contractor. Such payment shall not in any manner
prejudice the right of the contractor to any further compensation under the remaining provision of
this clause.
(3) Where the Engineer in charge requires the contractor to suspend the work for a period in excess
of 30 days at any time or 60 days in the aggregate, the contractor shall be entitled to apply to the
Engineer in charge within 30 days of the resumption of the work after such suspension for payment
of compensation to the extent of pecuniary loss suffered by him in respect of working machinery
rendered idle on the site or on account of his having, had to pay the salary or wages of labor engaged
by him during the said period of suspension. Provided always that, the contractor shall not be entitled
to any claim in respect of any such working machinery, salary or wages for the first 30 days whether
consecutive or in the aggregate of such suspension or in respect of any suspension what-so-ever
occasioned by unsatisfactory work or any other default on his part. The decision of the Engineer in
charge in this regard shall be final and conclusive against the contractor.
(4) In the event of (i) Any total stoppage of work on notice from the Engineer in charge under sub-
clause(1). (ii) (ii) Withdrawal by the contractor from the contractual obligation to complete the
remaining unexecuted work under sub-clause (2) on account of continued suspension of work for a
period exceeding 90 days (iii) Curtailment in the quantity of any item or items originally tendered on
account of any alteration, omission or substitution in the specifications, drawings, designs or
instructions under clause 14(1) where such curtailment exceeds 25% in quantity and the value of
the quantity curtailed beyond 25% at the rate for the items specified in the tender is more than Rs.
Five Thousand(Rs.5000/-) It shall be open to the contractor within 90 days from the service of (i) the
notice of stoppage of work or (ii) the notice of withdrawal from the contractual obligation under the
contract on account of the continued suspension of the work (iii) notice under clause 14(1) resulting
such curtailment or produce to the Engineer in charge satisfactory documentary evidence, that he
had purchased or agreed to purchase material for use in the contracted work, before receipt by him
of the notice of stoppage, suspension or curtailment and require the NAGPUR MUNICIPAL
CORPORATION to take over on payment such material at the rates determined by the Engineer,
provided however, such rates shall in no case exceed the rates at which the same were acquired by
the contractor. The NAGPUR MUNICIPAL CORPORATION shall thereafter take over the material so
offered, provided the quantities offered are not in excess of the requirement of the unexecuted work
as specified in the accepted tender and are of quality and specification approved by the Engineer in
charge.

Clause 16 Time limit for unforeseen claims : Under no circumstance what so ever shall the contractor
be entitled to any compensation from NAGPUR MUNICIPAL CORPORATION on any account unless the
contractor shall have submitted claim in writing to the Engineer -in Charge within one month of the
cause of such claim occurring.

Clause 17 Action and compensation payable in case of bad work : If any time before the security
deposit or any part thereof is refunded to the contractor it shall appear to the Engineer -in Charge
or his subordinate in-charge or the work, that any work has been executed with unsound, imperfect
unskilled workmanship or with materials of inferior quality, or that any materials or articles provided
by him for the execution of the work are unsound or of a quality inferior to that contracted
Contractor No. of Correction Executive Engineer
26

for or are otherwise not in accordance with the contractor, it shall be lawful for the Engineer-in-
charge to intimate this fact in writing to the contractor and then notwithstanding the fact that the
work, materials or articles complained of may have been inadvertently passed, certified and paid
for, the contractor shall be bound forthwith to rectify, or remove and reconstruct the work so
specified in whole or in part, as the case may be require or if so required, shall remove the materials
or articles so specified and provided other proper and suitable materials or article at his own charge
and cost and in the event of his failing to do so within a period to be specified by the Engineer-in-
charge in the written intimation aforesaid, the contractor shall be liable to pay compensation at the
rate of 1% on the amount of the estimate for every day not exceeding 10 days, during which the failure
so continues and in the case of any such failure, the Engineer-in-charge may rectify or remove
and re- execute the work or remove and replace the materials or article complained of, as the case
may be, at the risk and expense in all respects of the contractor should the Engineer-in- charge
consider that any such inferior work or materials as described above may be accepted or made use of
it shall be within his discretion to accept the same at such reduced rates as he may fix therefore and
the certificate of the Engineer-in –charge shall be binding upon the contractor.

Clause 18 Work to be open to inspection, Contractor or responsible agent to be present : All works
under or in course of execution or executed in pursuance of the contract shall at all times be open
to the inspection to inspection and supervision of the Engineer-in-charge and his subordinates
Quantity check agencies PMC(it appointed) and the contractor shall at all times during the usual
working hours, and at all other times at which reasonable notice of the intention of the Engineer-in-
charge of his subordinates to visit the works shall have been given to the contractor, either himself
be present to receive order and instructions, or have a responsible agent duly accredited in writing,
present for that purpose. Orders given to the contractor’s duly authorized agent shall be considered
to have the same force and effect as if they had been given to the contractor himself.

Clause 19 Notice to be given before the work is cover up : The contractor shall give not less than 5
days notice in writing to the Engineer-in-charge or his subordinates 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 hereof taken before the same is so covered up or placed
beyond the reach of measurement and shall not cover up or placed beyond the reach of measurement
any work without the consent in writing of the Engineer-in-charge or his subordinate in charge of the
work, and if any work shall be covered up or placed beyond the reach of measurement without such
notice having been given or consent obtained the same shall be uncovered at the contractors
expense and in default thereof payment or allowance shall be made for such work or for the
materials with which the same was executed.

Clause 20 Contractor liable for damage done and for imperfection : If during the period of 60 months
from the date of completion as certified by the Engineer-in-charge pursuant to the clause 7 of the
contract or 64 months after commissioning of the work whichever is earlier in the opinion of the
Engineer-In- charge , the said work is defective in any manner whatsoever, the contractor shall
forthwith on receipt on the notice in that behalf from the Engineer-In- charge, duly commence
execution and completely carry out at his cost in every respect all the work that may be necessary for
rectifying and setting right the defects specified therein including dismantling and reconstructionof
unsafe portions strictly in accordance with and in the manner prescribed and under the supervision
of the Engineer-In- charge. In the event of the contractor failing and neglecting to commence
execution of the said rectification work within the period prescribed therefore in the said notice
the Engineer-In- charge may get the same executed and carried out NMC or by other
Contractor No. of Correction Executive Engineer
27

agency at the risk on account and at the cost of the contractor. The contractor shall forthwith on
demand pay to the NAGPUR MUNICIPAL CORPORATION the amount of such costs, charges and
expenses sustained or incurred by the NAGPUR MUNICIPAL CORPORATION of which the certificate of
the Engineer-In- charge shall be final and binding on the contractor. Such costs, charges and expense
shall be deemed to be arrears of land revenue and in the event of contractor failing or neglecting to
pay the same on demand as aforesaid without prejudice to any other rights and remedies of the
Nagpur Municipal Corporation. The same may be recovered from the contractor as arrears of land
revenue. The NAGPUR MUNICIPAL CORPORATION shall also be entitled to deduct the same from any
amount which may then be payable or which may thereafter become payable by NAGPUR MUNICIPAL
CORPORATION to the contractor either-in-respect of the said work or any other work whatsoever, or
from the amount of the security deposit retained by NAGPUR MUNICIPAL CORPORATION.

Clause 21 Contractors to supply plant, ladders, scaffolding etc. And is liable for damages arising from
non- provisions of lights, fencing etc : The contractor shall supply at his own cost all materials (except
such special material if any) as may be supplied from the Public Works NMC Stores, in accordance
with the contract, plant, tolls, appliances, implements, ladders, cordage, tackle, scaffolding and any
temporary works which may be required for the proper execution of the work,in the original, altered
or substituted form, whether included in the specification or other documents forming part of the
contract or referred to in these conditions or not and which may be necessary for the purpose of
satisfying or complying with requirements of the Engineer-in-charge as to any matter on which under
these Conditions he is entitled to be satisfied, or which be entitled to require together with carriage
there for, 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 in the measurement or examination at any time and from time to time of the
work or materials. Failing this the same may be provided by the Engineer-in-charge at the expense
of the contractor and the expenses may be deducted from any money due to the contractor under
the contract or from his security deposit or the proceeds of sale thereof or of sufficient portion
thereof. The contractor shall provide all necessary fencing and lights required to protect the Public
from accident and shall also be bound to bear the expenses of defense every suit, action or other legal
proceedings at law that may be brought by any person for injury sustained owing to the neglect of
the above precautions, and to pay damages and cost such person or which may with the consent of
the contractor be paid in compromising any claim by any such person.

Clause 21A: The contractor shall provide suitable scaffolds and working platforms, gangways, and
stairways and shall comply with the following regulations in connection there with :
a) Suitable scaffolds shall be provided for workmen for all work that cannot be safely done from a
ladder or by other means

b) A scaffold shall not be constructed, taken down substantially altered except-


i. Under the supervision of a competent and responsible person, and
ii. As far as possible by competent workers possessing adequate experience in this kind of work.
c) All scaffolds and appliance connected therewith and all leaders shall-
i. Be of sound material
ii. Be of adequate strength having regard to the loads and strains to which they will be subjected,
and
iii. Be maintained in proper condition

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d) Scaffolds shall be so constructed that no part thereof can be displaced in consequence of


normal use.
e) Scaffolds shall not be overloaded and as far as practicable the load shall be evenly distributed.
f) Before installing lifting gear on scaffolds special precaution shall be taken to ensure the strength
and stability of the scaffolds.
g) Scaffolds shall be periodically inspected by a competent person.
h) Before allowing a scaffold to be used by his workmen, the contractor shall check whether the
scaffold has been erected by his workmen or not take steps and to ensure that it complies fully with
the regulations here in specified.
i. Working platforms, gangways, and stairways shall-
a) Be so constructed that no part thereof can sag unduly or unequally
b) Be so constructed and maintained having regard to the prevailing conditions as to reduce as far
as practicable risks of persons tripping or slipping, and
j) In the case of working platforms, gangways, working places and stairways at a height exceeding 3
meters.
a) Every working platform and every gangways shall have to be closely boarded unless other
adequate measures are taken to ensure safety.
b) Every working platform, gangways, working places, stairway shall be suitably fenced
k) Every opening in the floor of the building or in working platform shall except for the time and to
the extent required to allow the access or persons or the transport or shifting of materials be
provided with suitably means to prevent the fall of persons or material.
l) When persons are employed on a roof where there is danger of falling from a height exceeding 3
meters suitable precaution shall be taken to prevent the fall of persons or materials.
m) Suitable precautions shall be taken to prevent persons being struck by articles, which might fall
from scaffolds or other working place. Safe means of access shall be provided to all working
platforms and other working places.
n) Safe means of access shall be provided to all working platform and other working places.
Clause 21 B : The contractor shall comply with the following regulations as regards the Hoisting
Appliances to be used by him.
a) Hoisting machines and tackle, including their attachment, anchorage’s and sports shall-
i) Be of good mechanical construction, sound material and adequate strength and free from patent
defect, and
ii) Be kept in good repair and in good working order
b) Every rope used in hoisting or lowering material or as a means of suspension shall be of suitable
quality and adequate strength and free from patent defect
c) Hoisting machines and tackle shall be examined and adequately tested after erected on the site
and before use and be reexamined in position at intervals to be prescribed by the NAGPUR
MUNICIPAL CORPORATION
d) Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering of materials
or as a means of suspension shall be periodically examined
e) Every crane driver or hoisting appliance operator shall be property qualified.
f) No person who is below the age of 21 years shall be in control of any hoisting machine, including
any scaffolds, which give signals to the operator.
g) In the case of every hoisting machine and of every chain, ring, hook, shackle, swivel and pulley
block used in hoisting or lowering or as a means of suspension the safe working load shall be
ascertained by adequate.
h) Every hoisting machine and all gear referred to in the preceding regulation shall be plainly
marked with the safe working load.
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i) In the case of hoisting machine having a variable safe working load, each safe working load and
condition under which it is applicable shall be clearly indicated.
j) No part of any hoisting machine or of any gear referred to in regulation of above shall be loaded
beyond the safe working load except for the purpose of testing.
k) Motors, gearing transmissions, electric wiring and other dangerous part of hoisting appliance shall
be provided with efficient safeguards.
l) Hoisting appliances shall be provided with such means as will reduce to a minimum risk of the
accidental descent of the load.
m) Adequate precautions shall be taken to reduce to a minimum the risk of any part of a suspended
load becoming accidentally displaced.

Clause 22 Measure for prevention of fire : The contractor shall not set fire to any standing jungle,
trees, bush wood or grass without a written permit from the Engineer in charge.
When such permit is given and also in all cases when destroying cut or dug up trees, bush wood
grass etc. by fire, the contractor shall take necessary measures to prevent such fire spreading to or
otherwise damaging surrounding property.
The contractor shall make his own arrangement for drinking water for the labor employed by him.

Clause 23 Liability of contractors for any damage done in or outside work area : Compensation for
all damage done intentionally or unintentionally by contractors labor whether in or beyond the limits
of contractor for NAGPUR MUNICIPAL CORPORATION property including any damage caused by the
spreading of any damage fire mentioned in clause 22 shall be estimated by the Engineer-in-charge or
such other officer as he may appoint and the estimates of the Engineer-in-charge subject to the
decision of the Superintending Engineer on appeal shall be final and the contractor shall be bound to
pay the amount of the assessed compensation on demand, failing which the same will be recovered
from the contractor as damages in the manner prescribed in clause 1 or deducted by the Engineer-in-
charge from any sum that may be due to or become due from NAGPUR MUNICIPAL CORPORATION to
the contractor under this contract or otherwise. The contractor shall bear the expenses of defending
any action or other legal proceeding that may be brought by any person for injury sustained by him
owing to neglect of precautions to prevent the spread of fire and he shall also pay any damages and
cost that may be awarded by the court inconsequence.

Clause 24 Employment of female labor: The employment of female laborers on works in the
neighborhood of soldier’s barracks should be avoided as far as possible.

Clause 25 Work on Sunday : No work shall be done on a Sunday without the sanction in writing of
the Engineer-in-charge.

Clause 26 Work not to be sublet. Contractmay rescind and security deposit forfeited for subletting
it without approval or for bribing a public officer or if contractor becomes insolvent: The contract
shall not be assigned or sublet without the written approval of the Engineer-in-charge. And if the
contractor shall assign or sublet his contract, or attempt so to do, or become insolvent or commence
any proceedings to be adjudicated and insolvent or make any composition with his creditors, or
attempt so to do the Engineer-in-charge may be notice in writing rescind the contract. Also if any
bribe, gratuity, gift, loan, perquisite, reward or advantage, pecuniary or otherwise, shall either
directly or indirectly be given, promised by the contractor or any of his servants or agents to any
public officer or person in the employment of NAGPUR MUNICIPAL CORPORATION in any way relating
to his office or employment, or if any such officer or person shall become in any way
Contractor No. of Correction Executive Engineer
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directly or indirectly interested in the contract, the Engineer-in-charge may be giving notice in writing
rescind the contract. In the event of a contract being rescinded, the security deposit of the contractor
shall thereupon stand forfeited and be absolutely at the disposal of the NAGPUR MUNICIPAL
CORPORATION and same consequences shall as ensure as if the contract has been rescinded under
clause 3 hereof and in addition the contractor shall not be entitled to recover or bepaid for any work
therefore actually performed under the contract.

Clause 27 Sum payable by way of compensation to be considered as reasonable compensation without


reference to actual loss : All sum payable by a contractor by way of compensation under any of these
condition shall be considered as a reasonable compensation to be applied of the use of NAGPUR
MUNICIPAL CORPORATION without reference to the actual loss or damage sustained and whether
any damage has or has not been sustained.

Clause 28 Changes in the constitution of the firm to be notified : In the case of a tender by partners
any change in the construction of a firm shall be forthwith notified by the contractor to the Engineer-
in-charge for his information.

Clause 29: All works to be executed under the contact shall be executed under the direction and
subject to the approval in all respects of the Superintending Engineer of the Circle for the time being,
who shall be entitled to direct at what point or points and in what manner they are commenced and
from time to time carried out.

Clause 30 Work to be under direction and control of Superintending Engineer :


(1) Except where otherwise specified in the contract and subject to the power delegated to him by
NAGPUR MUNICIPAL CORPORATION under the code rules then in force, the decision of the
Superintending Engineer of the Circle for the time being shall be final, conclusive and binding on all
parties to the contract upon all questions relating to the meaning of the specifications ,designs
,drawings and instructions herein before mentioned and as to the quality of the workmanship or
material used on the work or as to any other question, claim, right, matter or things whatsoever, in
any way arising out of or relating to the contract designs, drawing, specifications, estimates,
instructions , orders of these conditions or otherwise concerning the works or the execution or failure
to execute the same whether arising during the progress of the work or after the completion or
abandonment thereof.
(2) The contractor may within thirty days of receipt by him of any order passed by the Superintending
Engineer of the Circle as aforesaid appeal against it to the Chief Engineer concerned with the contract,
work or project provided that:-
(a) The accepted value of the contract exceeds Rs. 10 lacks (Rupees Ten Lacks)
(b) Amount of claim is not less than Rs. 1.00 lacks (Rupees one lacks)
(3) If the contractor is not satisfied with the order passed by the Chief Engineer as aforesaid the
contractor may within thirty days of receipt by him of any such order, appeal against it to the
concerned Secretary, Public Works NMC who, if convinced the prima-facie the contractor’s claim
rejected by the Superintending Engineer / Chief Engineer is not frivolous and that there is some
substance in the claim of the contractor as would merit a detailed examination and decision by the
Standing Committee, shall put up to the Standing Committee at NAGPUR MUNICIPAL CORPORATION
level for suitable decision.

Contractor No. of Correction Executive Engineer


31

Clause 31 Store of European or American manufactures to be obtained from the NAGPUR


MUNICIPAL CORPORATION : The contractor shall obtain from the P.W.D. stores all stores and article
of European or American manufacture which may be required for the work, or any part of the work or
in making up any article required therefore or in connection therewith unless he has obtained
permission in writing from the Engineer-in-charge to obtain such stores and articles elsewhere. The
value of such stores and articles as may be supplied to the contractor by Engineer- in- charge will be
debited to the contractor in his account at the rates shown in the Schedule in form “A” attached to
contract and if they are not entered in the said Schedule, they shall be debited to him at cost price
which for the purpose of this contract shall include the cost of carriage and all other expenses
whatsoever, which may have to be incurred in obtaining delivery of the same as the stores aforesaid.

Clause 32 Lump sums in estimates : Where the estimate on which a tender is made includes lump-
sumps in respect of parts of the work the contractor shall be entitled to payment in respect of 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 part of the work question is not in the opening of the Engineer-in- charge
capable of measurement the Engineer-in-charge may at his discretion pay 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 provision of this
clause.

Clause 33 Action where no specification : In the case of any class of work for which there is no such
specification as in mentioned in Rule-1, such work shall be carried out in accordance with the
Divisional specifications, and in the event of there being no Divisional specification, then in such case
the work shall be carried out in all respects in accordance with the instruction and requirement of the
Engineer-in- charge.

Clause 34 Definition of work : The expression ‘works’ or ‘work’ where used in these condition shall,
unless there be something in the subject or context repugnant to such construction be constructed
to mean the work or the work contractor to be executed under or in virtue of the contract, whether
temporary or permanent and whether original altered substituted or additional.

Clause 35 Contractor’s percentage whether applied to net or gross amount of bill : The percentage
referred to in the tender shall be deducted from / added to the gross amount of the bill before
deducting the value of any stock issued.

Clause 36 Quarry fees and royalties : All quarry fees, royalties, Octopi dues and ground rent for
stacking materials if any, should be paid by the contractor.

Clause 37 Compensation on under Workman's Compensation on Act : The contractor shall be


responsible for and shall pay compensation to his Workmen payable under the Workmen’s
compensation Act, 1923 (VI of 1923), (hereinafter compensation is payable and or paid by NAGPUR
MUNICIPAL CORPORATION as principal under the subsection (1) of section 12 of the said Act on behalf
of the contractor this shall be recoverable by NAGPUR MUNICIPAL CORPORATION from the contractor
under sub section (2) of the said section. Such compensation shall be recovered in the manner laid
down in clause 1above.

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Clause 37 A: The contractor shall be responsible for and shall pay expenses of providing Medical aid
to any workmen who may suffer a bodily injury as a result on an accident. If such expenses are
incurred by NAGPUR MUNICIPAL CORPORATION the same shall be recoverable from the contractor
forthwith and be deducted without prejudice to any other remedy of NAGPUR MUNICIPAL
CORPORATION from any amount due or that may become due to the contractor.

Clause 37 B : The contractor shall provide all necessary personal safety equipment and first-aid
apparatus available for the use of the persons employed on the site and shall maintain the same in
condition suitable for immediate use at any time and shall comply with the following regulation in
connection therewith.
(a) The worker shall be required to use the equipment so provided by the contractor and the
contractor shall take adequate steps to ensure proper use of the equipment by those concerned.
(b) When work carried on in proximity to any place where there is no risk of drawing, all necessary
equipment’s shall be provided and kept ready for use and all necessary steps shall be taken prompt
rescue of any person in danger.
(c) Adequate provision shall be made for prompt first-aid treatment for all injuries likely to be
sustained during the course of the work.

Clause 37 C : The contractor shall duly comply with the provision of “The Apprentices Act 1961 (III of
1961) the rules made there under and the orders that may be issued from time under the said Act
and the said Rules and on his failure or neglect to do so he shall be subject to all the liabilities and
penalties provided by the said Act and said Rules”.

Clause 38 : 1) Quantities in respect of the several items shown in the tender are approximate and no
revision in the tendered rate shall be permitted in respect of any of the items so long as subject to
any special provision contained in specifications prescribing different percentage of permissible
variation, the quantity of the item does not exceed the tender quantity by more than 25 percent and
so long as the value of the excess quantity beyond this limit at the rate of item specified in the tender
rates does not exceed Rs. 5,00,000/-

2) The contractor shall, if ordered in writing by the Engineer / Executive Engineer (Zone 4)so to do,
also carry out any quantities in excess of the limit mentioned in sub-clause (1) here of on the same
conditions as and in accordance with the specification in the tender and at the rate (i) derived from
the rates entered in the current schedule of rates and in the absence of such rates. (ii) At the rate
prevailing in the market the said rates being increase or decreased as the case may be by the
percentage which the total tendered amount bears to the estimated cost of the work as put to tender
based upon the schedule of rates applicable to the year in which the tenders were invited.
3) Claims arising out of reduction in the tendered quantity of any item be beyond 25 percentage will
be governed by the provision of clause 15 only when the cost of such reduction beyond 25 percent at
the rate of the item specified in the tender is more than Rs. 50,000/-
4) This clause is not applicable to extra items.
5) There is no change in the rate if the excess is more than 25% of the tendered quantity, but the
value of the excess work at the tendered rates does not exceed Rs. 5,00,000/- .
6) No variations would be entertained for any/all unforeseen items/conditions.

Clause 39 Employment of female or other labor: The contractor shall employ any female, convict or
other labor of a particular kind of class if ordered in writing to do so by the Engineer-in-charge.

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Clause 40 Claim for compensation for delay in starting work : No compensation shall be allowed forany
delay caused in the starting of the work on account of acquisition of land and in the case of the clearance
work of any delay in according sanction to estimates.

Clause 41 Claim for compensation for delay in the execution of work : No compensation shall be
allowed for any delay in execution of the work on account of water standing in borrows pits or
compartments. The rates are inclusive for hard or cracked soil excavation in mud, subsoil water or
water standing in borrow-pits and no claim for an extra rate shall be entertained unless otherwise
expressly specified.
Clause 42 Entering upon or commencing any portion of work : The contractor shall not enter upon
or commence any portion of work except with the written authority and instructions of the Engineer-
in-charge or of his subordinate in charge of the work failing such authority the contractor shall have
no claim to ask for measurements of or payment for work.
Clause 43 Minimum age of persons employed, the employment of donkey and/or other animals
and the payment of fair wages :
(i) No contractor shall employ any person who is under the age of 18 years.
(ii) No contractor shall employ donkeys or other animals with breeching of string or thin rope. The
breeching must be at least 3 inches wide and should be of tape (Newar)
(iii) No animals suffering from sores, lameness or emaciation or which is immature shall be employed
on the work.
(iv) The Engineer-in-charge or his agent authorized to remove from the work any person or animal
found working which does not satisfy these conditions and no responsibilities shall be accepted by
the NAGPUR MUNICIPAL CORPORATION for any delay caused in the completion of the work by such
removal.
(v) The contractor shall pay fair and reasonable wages to the workmen employed by him in the
contract undertaken by him. In the event of any disputes arising between the contractor and his
workmen on the grounds that the wages paid are not fair and reasonable the dispute shall be referred
without delay to the Executive Engineer (WW) shall decide the same. The decision of the Executive
Engineer (WW) shall be conclusive and binding on the contractor, but such decision shall not in any
way affect the condition in the contract regarding the payment to be made by the NAGPUR
MUNICIPAL CORPORATION at the sanctioned tender rates.
(vi) The contractor shall provide drinking water facilities to the workers. Similar amenities shall be
provided to the workers engaged on large work in urban areas.
Clause 44 Method of payment : Payments to contractor shall be made by RTGS/ Cheques drawn on
any treasury within the Division convenient to them. Provided the amount exceeds Rs. 100/- Amount
not exceeding Rs. 100/- will be paid in cash.
Clause 45 Acceptance of conditions compulsory before tendering the work : Any contractor who
does not accept these conditions shall not be allowed to tender for works.
Clause 46 Employment of scarcity labor: If NAGPUR MUNICIPAL CORPORATION declares a state of
scarcity or famine to exist in any village situated within 1 Km. of work, the contractor shall employ
upon such parts of the work as suitable for unskilled labor any person certified to him by the Engineer
in charge or by any person to whom Executive Engineer (WW)may have delegated this duty in writing
to be in need of relief and shall be bound to pay to such persons wages not below minimum which
may arise in connection with the implementation of this clause shall be decided by the Executive
Engineer (WW) whose decision shall be final and binding on the contractor.

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Clause 47: The price quoted by the contractors shall not in any case exceed the control price, if any,
fixed by NAGPUR MUNICIPAL CORPORATION or reasonable price which is permissible for him to
charge as private purchaser for the same class and description of goods under the provisions of
Hoarding and profiteering Prevention Ordinance 1984 as amended from time to time. If the price
quoted exceeds the controlled price or the price permissible under Hoarding and Profiteering
Prevention Ordinance, the contractor will specifically mention this fact in his tender along with
reasons for quoting such higher price. The purchaser at his tender along with reasons for quoting such
higher price. The purchaser at his discretion will in such higher price. The purchaser at his discretion
will in such case exercises the right of revising the price at any stage so as to confirm with the
controlled price on the permissible under the Hoarding and Profiteering Ordinance. This discretion
will be exercised without prejudice to any other action that may be taken against the contractor.

Clause 48: The rates to be quoted by the contractor must be inclusive of the labor welfare Cass and
other taxes (Other than GST). No extra payment on this account will be made to the contractor.

Clause 48 A : The contractors are bound to pay to the laborers wages according to the Minimum
Wages Act 1948 applicable to the Zone in accordance with the order issued in NAGPUR MUNICIPAL
CORPORATION P.W.D./Circular No. MWA/ 1063, dated 07/12/1968.

Clause 49: In case of materials that remains surplus with the contractor for those issued for the work
contracted from the date of ascertainment of the materials being surplus be taken as the date of sale
for the purpose of sales tax and the sale tax will be recovered on such sale.

Clause 50: The contractor shall employ the unskilled labor to be employed by him on the said work
only from locally available labors and shall give preference to those persons enrolled under
Maharashtra NAGPUR MUNICIPAL CORPORATION Employment and Self Employment NMC Scheme.
Provided, however, that if the required unskilled labored are not available locally, the contractor shall
in the first instance employ such number of persons as is available and thereafter may with previous
permission, in writing of the Engineer-in-charge of the said work obtained the rest of requirement of
unskilled the labor from outside the above scheme.

Clause 51: All amount whatsoever which the contractor is liable to pay to the NAGPUR MUNICIPAL
CORPORATION in connection with the execution of the work including the amount payable in respect
of (1) Material and / or stores supplied / issued hereunder by the NAGPUR MUNICIPAL CORPORATION
to the contractor, (2) Hire charges in-respect of heavy plant machinery and equipment given on hire
by the NAGPUR MUNICIPAL CORPORATION to the contractor, for executionby him of the work and /
or on which the advance have been given by the NAGPUR MUNICIPAL CORPORATION to the
contractor shall be deemed to be arrears of the lands revenue and the NAGPUR MUNICIPAL
CORPORATION may without prejudice to any other rights and remedies of the NAGPUR MUNICIPAL
CORPORATION recover the same from the contractor as arrears of land revenue.

Clause 52: The contractor shall duly comply with all the provisions of the contract labor (Regulation
and Abolition) Act 1970. (37 of 1970) and the Maharashtra Contract Labor(Regulation and Abolition)
Rules 1971 as amended from time to time and all other relevant statutes and statutory provision

Contractor No. of Correction Executive Engineer


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concerning payment of wages particularly to workmen employed by the contractor and working on
the site of the work. In particular the Contractor shall pay wages to each worker employed by him on
the site of the work at the rates prescribed under the Maharashtra Contract Labor(Regulation and
Abolition) Rules 1971. If the contractor fails or neglects to pay wages at the said rates or make short
payment and the NAGPUR MUNICIPAL CORPORATION makes such payment of wages in full or part
thereof less paid by the contractor, as the case may be the amount so paid by the NAGPUR MUNICIPAL
CORPORATION to such worker shall be deemed to be arrears of land revenue and the NAGPUR
MUNICIPAL CORPORATION shall be entitled to recover the same as such from the contractor or
deduct the same from the amount payable by the NAGPUR MUNICIPAL CORPORATION to the
contractor hereunder or from any other amounts payable to him by the NAGPUR MUNICIPAL
CORPORATION (Minimum Wages Act, as per NAGPUR MUNICIPAL CORPORATION Circular (AT /
1284/(120) / Building, dated 14/08/1988).

Clause 53 Price Variation : Deleted.

Clause 54 : (A) The anti-malaria and other health measures shall be as directed by he Joint Director
(Malaria and Filarial) of Health Services, Pune.
(B) Contractor shall see that mosquito genie conditions are not created so as to keep vector
population for minimum level.
(C) Contractor shall carry out anti malaria measures in the areas as per guidelines prescribed under
National Malaria Eradication Program as directed by the Joint Director (M & F) of health Services,
Pune.
(D) In case of a default in carrying out prescribed anti malaria measures, resulting in increase in
malaria incidence the contractor shall be liable to pay to NAGPUR MUNICIPAL CORPORATION the
amounts spent by Govt. on anti-Malaria measures to control the situation in addition to fine.
(E)Relations with Public Authorities: The contractor shall make sufficient arrangement for draining
away the sludge water as well as water coming from the bathing and washing places and shall
dispose of this water in such a way so as not to cause any substance. He shall also keep the premise
clean by employing sufficient number of sweepers. The contractor shall comply with all rules,
regulation bylaws and directions given from time to time by any local or public authority in
connection with this work and shall pay fees or charges which are livable on him without any extra
cost to NAGPUR MUNICIPAL CORPORATION. (Wide Govt. Circular No CST -1086 / CR-243 /Ka Building
2 /Mantralaya Bombay date 11 September 1987 Clause 56: The contractor shall comply with all the
provision of the Apprentices Act, 1961 and Rules and Orders issued there under from time to time.
If he fails to do so, his failure will be breach of the contract and the Superintending Engineer 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 provision of the Act.

Clause 55: The tender rates are inclusive of all taxes, (Excluding GST ) rates, cesses and are also
inclusive of the livable tax in respect if sale by transfer of property in goods involved in the execution
of a work contract under the provision of Rules 58 of Maharashtra Value Added Tax Act- 2005. For the
purpose of levy of tax.

Clause 56 : In case of material which become surplus with the contractor from those issued for the
work contracted from the date of ascertainment of the materials as being surplus will be taken as the
date of sale for the purpose of sales tax and sale tax will be recovered on such sale.
Clause 57 : QUALITY ASSURANCE AND MAINTENANCE. (Annexure to the P.W.D circular No 1091-/CR
-60/ Bldg -2 dt 14th October 1991 regarding incorporation additional condition for quality assurance
Contractor No. of Correction Executive Engineer
36

and Maintenance Manual) To ensure the specific quality of work which will also include necessary
surveys, temporary works, etc., the contractor shall prepare a quality assurance plan and get the same
approved from the Engineer-in-charge within one month from the date of work order. For this,
the contractor shall submit an organization chart of his technical personnel to be deployed on the
work along with their qualification, job description defining the function of reporting, supervising,
inspecting and approving. The contractor shall also submit a list of tools, equipment andthe machinery
and instrumentation, which he proposes to use for the construction and for testing inthe field and/or
in the laboratory and monitoring. The contractor shall modify supplement the organization chart and
the list of Machinery/ equipment etc. as per the direction of the Superintending Engineer and shall
deploy the personnel and equipment on the field as per the approved chart and the list respectively.
The contractor shall submit written method statements dealing his exact proposal of execution of the
work in accordance with the specification. He will have to get these approved from the Engineer-in-
charge. The quality of the work shall be property documented through certificates, records, check lists
and Log book of results etc. such records shall be Complied from the beginning of the work and be
continuously updated subsequently and this will be the responsibility of the contractor. The form
should be got approved from the Engineer in charge.

Clause – 58 Responsibility for the veracity of document submitted by the contractor:-


1) During the tender process, if it is noticed that any false documents are submitted by the
contractor along with tender, contractor shall be liable for action under various clauses of
Indian Pinal Code. In such case, the tender shall be liable for rejection and contractor shall be
put in black list.

2) After issue of work order, if it is noticed that any false documents are submitted by the
contractor along with bills, contractor shall be liable for action under various clauses of Indian
Pinal Code. In such case, if the work is in the initial stage the tender shall be liable for rejection
and contractor shall be put in black list.

3) If during contract period and defect liability period, any false information, false bill of
purchases, supporting proof of purchase, proof of testing submitted by the contractor, he
will be liable for action under Indian Penal Code. The contractor shall also be liable for action
under Indian Penal Code if any papers are found false / fraudulent even after the completion
of contract (finalization of final bill).
4) In all the circumstances stated above, the contractor shall be held fully responsible. The
NMC officers shall not be responsible for the acts of contractor. The NMC officers, who
scrutinize the tender documents shall not be held responsible for the correctness of
documents submitted by the contractor.

Contractor No. of Correction Executive Engineer


37

FORM B-1
NAGPUR MUNICIPAL CORPORATION, NAGPUR
EXECUTIVE ENGINEER, NMC, Nagpur

1) All work proposed to be executed by contract shall be notified in a form of invitation


to tender, pasted on a board hung up in the office of the Executive Engineer (WW)and
signed by Executive Engineer, Nagpur Municipal Corporation ,NAGPUR
The form will state the work to be carried out as well as date of submitting and
opening tender the time allowed for carrying out the work, also the amount of
earnest money to be deposited with the tender and the amount of security deposit
to be deposited by the successful tenderer and the percentage if any to be
deducted from bills. It will also states whether a quarry fees, royalties and ground
floor rents will be granted. Copies of the specifications designs and drawings and
estimated rates, schedule rates and any other documents required in connection
with the work which will be signed by Executive Engineer (WW)for the purpose
of identification shall also be open for inspection by contractors at the office of the
Executive Engineer (WW)during office hours.
Where the work are proposed to be executed according to the specifications
recommended by a Contractor and approved by a competent authority on behalf
of the Nagpur Municipal corporation, specifications with designs and drawing
shall form part of the accepted tender.
2) In the event of the tender being submitted by a firm, it must be signed separately
by each partner thereof, and in the event of the absence of anypartner it shall be
signed on his behalf by a person holding a power of attorney authorizing him to
do so.
(i) Not applied
(ii) In the event of his tender being accepted, subject to the provision of sub clause
(iii) The said amount of earnest money shall be appropriated towards the amount
deposit payable by him under condition of General Conditions of Contract.

(iv) If after submitting the tender, the Contractor withdraws his offer or
modifies the same or if after the acceptance of his tender the Contractor fails or
neglects to furnish the balance of security deposit, without prejudice to any other
rights and powers of the NAGPUR MUNICIPAL CORPORATION hereunder, or in
law, NAGPUR MUNICIPAL CORPORATION shall be entitled to forfeit thefull
amount of the earnest money deposited by him.
iv) In the event of his tender not being accepted, the amount of earnest money
deposited by the contractors shall, unless it is prior thereof forfeited under the
provision of sub-clause (ii) above, be refunded to him on his passing receipt
therefore.
3) Receipt for payments made on account of any work, when executed by a firm,
should also be signed by all the partners. Except where the contractors are
described in their tender as a firm, in which case the receipts shall be signed in
the name of the firm by one of the partners, or by some other person having
authority to give effectual receipts for the firm.
4) Any person who submits a tender shall fill up the usual printed form including the
column of estimated quantities stating at what rate he is willing to undertake all
item of the work. Tenders which propose any alteration in the work specified in
the said form of invitation to tender, or in the time allowed for carrying out the
work or which contain any other conditions of any sort, will be liable for
rejection. No single tender shall include more than one work, but contractors
who wish to tender for two or more works shall submit a separate tender for

Contractor No. of Correction Executive Engineer


38

each. Tenderers shall have the name and the number of work to which they refer
written outside the envelope
i. The Executive Engineer, NMC, Nagpur 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 amount of the several tenders in a comparative
statement in a suitable form. In the event of a tender being accepted, the
Contractor shall thereupon, for the purpose of identification, sign copies of the
specifications and other documents mentioned in Rule1.
ii. The Officer competent to dispose of the tender shall have the right to reject any
or all of the tenders.
iii. No receipt for any payment alleged to have been made by a contactor in regard
to any matter relating to this tender or the contract shall be valid and binding
on NMC unless it is signed by the Executive Engineer.
iv. The memorandum of the work to be tendered for and the schedule of materials
to be supplied by the NMC and their rates shall be filled in and completed by the
office of the Executive Engineer (WW)before the tender form is issued if aform
issued to an intending tenderer has not been so filled in and completed he shall
request the said office to have done this before the completes and delivers his
tender
v. All work shall be measured net by standard measure and according to the rules
and customs of the NMC without reference to any local custom.
vi. Under no circumstance shall any Contractor be entitled to claim enhanced rates
for any item in this contract.
vii. All correction and additions or pasted slips should be initialed.
viii. The measurement of work will be taken according to the usual method in the
NMC and no proposal to adopt alternative methods will be accepted. The
Executive Engineer’s decision as to what is “the usual method in use in NMC will
be final”.

1. The Contractor shall give a list of machinery in their possession and which
they propose to use on the work.
2. The Contractor will have to construct shed for storing materials procured by
him at his own cost at the work site having double locking arrangement. The
materials will be taken for use in the presence of the NMC Person. No materials
will be allowed to be removed from site of the work.

5) The tender will be liable to be rejected, if while submitting it, the tenderer or in the case of a firm
each partner thereof does not sign or the signature / signatures is / are not attested by a witness of
the tender in the space provided for the purpose.

6) Use of NAGPUR MUNICIPAL CORPORATION Machinery

(a) If NAGPUR MUNICIPAL CORPORATION Machinery is available and the


Contractor desires to hire it for Work on the project it may be hired to him subject
to the rules and hire charges that may be laid down by the NAGPUR MUNICIPAL
CORPORATION from time to time during the currency of tender

(b) No security will be taken from the Contractor, so long as the machinery is
worked by the NMC all staff and under the entire control of NMC and is not
handed over to the Contractor at all for operation by his crew and staff and the
charges for the use of machinery are levied on hourly basis and as per prevailing
schedule of rate for hire charges.

Contractor No. of Correction Executive Engineer


39

(c) Machinery should be worked only where the NMC staff is confidant to use it
safely & never in difficult situation and dangerous spot.

(d) The recovery of plant hire charges will be immediately made through thenext
Running Accounts bills.

7) The tendering contractors shall furnish a declaration along with the tender showing all works for
he has already entered into contract, and the value of work that remains to be executed in each
case on the date of submitting tender.

i. In view of the difficult position regarding the availability of foreign exchange, no


foreign exchange would be released by the NMC for the purchase of plant and
machinery required for the execution of the work contracted for.

ii. The Contractor will have to construct shed for storing controlled and valuable
materials issued to him under schedule „A‟ of the agreement. The materials will
then be taken for use in the presence of the NMC person. No material will be
allowed to be removed from the site of works.

iii. The tendering Contractor should furnish a detailed statement of works in hand,
showing the cost of works in hand, the works completed against each with
certificate from head of the office concerned.

Contractor No. of Correction Executive Engineer


40

MEMORANDUM
a) General Description:- - Construction Of Rainwater Harvesting
System (Recharge Shaft For Roof Top ) At. Sane Guruji School In
(a) If several sub work are Gandhibagh Zone No.6
included they should be
detailed in a separate list.

(b) The amount of earnest


money to be deposited shall
be in accordance with the (b) Estimated cost: As per tender notice
provision of the paras206 and (c) Earnest Money: As per tender notice
207 of the M.P.W. Manual.

(d) Security Deposit:


c) The deposit shall be
(i) D. D. (not less than amount Rs. 8,418/- of
accordance with Para’s 213 &
earnest money) as initial S.D.
214 of M.P.W. Manual.
(ii) To be deducted from current bills Rs. 8,418/-

Total: Rs. 16,836/-


(d) This percentage where no
security deposit is taken will
vary from 5% to 10%
according to the requirement (e) Percentage, if any, to be deducted from bill so as to make up the total
of the case. Where security amount required as security deposit by time the half the work as measured
deposit is taken see note to by the cost is done (2 percent).
clause

(1) of condition of contract.

(2) Give schedule where


necessary , showing dates by
(f) Time allowed for the work as per NIT
which various items to be
completed.

I / We hereby agree that this offer shall remain open for acceptance for a
minimum period of 70 days from the date fixed for opening the same and
thereafter until it is withdrawn by us / by notice in writing duly addressed to
the authority opening the tenders and sent by registered post A.D. The
amount of earnest money shall not bear interest and shall be liable to be
forfeited to the NAGPUR MUNICIPAL CORPORATION should I / We fail to (1)
abide by the stipulation to keep the offer open for the period mentioned
above or (2) signed and complete the contract documents required by the
Engineer and furnish the security deposit as specified in item (3) of
memorandum contained in paragraph 1 above, within the time limit laid own
Contractor No. of Correction Executive Engineer
41

in clause (i) of the annexed conditions of the contract. The amount of earnest
may be adjusted towards the security deposit or refunded to me / us if so
desired by me / us in writing unless the same or any part thereof has been
forfeited as aforesaid above, within the time limit laid down in clause I
/ We have secured exemption from payment of earnest money after
executing the necessary bond in favour of NAGPUR MUNICIPAL
CORPORATION a true copy of which is enclosed herewith, should any
occasion for forfeiture of earnest money for this work arise due to failure on
my / our part to (1) abide by the stipulation to keep the offer open for the
period mentioned above or (2) sign and complete the contract documents
and furnish the security deposit as specified in item (3) of the memorandum
contained in paragraph 1 above within the time limit laid down in clause (1)
of the annexed condition of the contract the amount payable be me/us may,
at the option of the Engineer, be recovered out of the amount deposited in
lump sum for securing exemption in so far as the same may extend in terms
of the said bond and in the event of the deficiency, out of any other money
which are due or payable to me / us by the NAGPUR MUNICIPAL
CORPORATION under any other contract or transaction of any nature
whatsoever or otherwise should this tender be accepted.

I /we hereby agree to abide by and fulfill all the terms and provision of the
conditions of contract annexed hereto so far as applicable and in default to
forfeit and pay to NMC the sum of money mentioned in the said condition.
Receipt no------------- dt --------------- from the NAGPUR MUNICIPAL
CORPORATION Treasury at in respect of the sum 4,209/- forwarded
representing the earnest money (a) the full value of which is to be absolutely
forfeited to NMC should/we not deposit the fully amount of security
specified in the above memorandum in accordance with Clause 1(A) of the
said conditions of the contract. otherwise the said sum of Rs 4,209/-shall be
refunded.

Contractor

Signature of Contractor
before (Address)
submission of tender Dated the day of_________2025

Witness
Signature of witness to (Address)
Contractor’s Signature. Dated the day of_________2025

Signature of the officer by The above tender is hereby accepted by m


whom accepted Municipal Commissioner, Nagpur

Executive Engineer(WW) NMC, NAGPUR

Dated the day of 2025

Contractor No. of Correction Executive Engineer


42

5
GENERAL CONDITIONS OF CONTRACT

Contractor No. of Correction Executive Engineer


43

GENERAL CONDITIONS OF CONTRACT

DEFINITIONS: Unless included by or repugnant to the contents.

i) NAGPUR MUNICIPAL CORPORATION: The expression “NAGPUR MUNICIPAL


CORPORATION” as used in the tender documents shall mean the Public Works NMC
of the NAGPUR MUNICIPAL CORPORATION Nagpur.
ii) Chief Engineer: The expression „The Chief Engineer‟ as used in the tender papers
shall mean Chief Engineer, NMC, Nagpur.
iii) Superintending Engineer: The expression „Superintending Engineer as used in
the tender papers shall mean the officer of Superintending Engineer’s ranks (by
whatever designation he may be known) under whose control the work lies for the time
being.
iv) Engineer-in-charge: The expression Engineer or Engineer-in-charge as used in
the tender paper shall mean the Executive Engineer-in-charge of the work.
v) Contractor: The expression „Contractor‟ as used in the tender papers shall mean
the successful tenderer that is the tenderer whose tender has been accepted and who
has been authorized to proceed with the work.
vi) Contract: The expression „Contract‟ as used in the tender papers shall mean the
deed of contract together with all its original accompaniments and those later
incorporated in it by mutual consent.
vii) Plant: The expression „Plant‟ as used in the tender papers shall mean every
temporary accessory necessary or considered necessary by the Engineer to execute,
construct, complete and maintain the work and all altered, modified, substituted and
additional works ordered in the time and the manner herein provided and all temporary
materials and special and other articles and appliance of every sort kind and description
whatsoever intended or used therefore.

A. AUTHORITY OF ENGINEER - IN - CHARGE.


Save in so far as it is legally or physically impossible, the contractor shall
execute complete and maintain the works in strict accordance with the contract
under the directions and to the entire satisfaction of the Engineer - in - charge
(Executive Engineer) and shall comply with and adhere strictly to the Engineer - in
- charge instructions and directions on any matter (Whether mentioned in the
contract or not) pertaining to this work.
The Engineer - in - charge shall decide all questions which may ariseas
to quality and acceptability of materials furnished and work executed, manner of
executions, rate of progress of work, interpretations of the plans and specifications
and acceptability of fulfillment of the contract on the part of contractor. He shall
determine the amount and quality of work performed and materials furnished and his
decision and measurements shall be final. In all such matters and in any technical
questions which may arise touching the contract, his decision shall be binding on the
contractor. The engineer in charge shall have power to enforce such decisions and
orders if the contractor fails to carry out them promptly. If the contractor fails to execute
the work order by the engineer in charge, the engineer in charge may give notice to
the contractor specifying a reasonable period therein and on the expiry of that period
proceed to execute such work as may be deemed necessary and recover the cost
thereof from the contractor.

Contractor No. of Correction Executive Engineer


44

B. AUTHORITY OF ENGINEER-IN-CHARGE REPRESENTATIVE.


The duties of the representative of the engineer in charge are to watch and
supervise the work and to test and examine any material to be used or workmanship
employed in connection with the works.

The Engineer in charge may from time to time in writing delegate to his representative
any of the powers and authorities vested in the Engineer in charge and shall furnish
to the contractor a copy of all such delegations of powers and authorities. Any written
instructions of the approval given by the representative of the engineer in charge to
the contractor within the terms of such delegations (but not otherwise) shall bind the
contractor and NMC as though it had been given by the Engineer in charge provided
always as follows.
a) Failure of the representative of the engineer in charge to disapprove any work or
materials shall not prejudice the power of the engineer in charge. Thereafter to
disapprove such work or materials and to order pulling down, removal or
b) If the contractor is dissatisfied with any decision of the representative of the engineer
in charge he shall be entitled to refer the matter to the engineer in charge who
shall thereupon confirm reverse or vary such decisions.

C. OTHER CONDITIONS FOR SUBMISSION OF TENDER:

i) The contractor shall be deemed to have carefully examined the work and site
conditions including labors, the general and he special conditions, the specification
schedule and drawing and shall be deemed to have visited the site of the work and
to have fully informed himself regarding the local conditions and carried out his
own investigations to arrive at the rates quoted in the tender. Inthis regards he
will be given necessary information to the best of the knowledge of NMC but without
any guarantee about it.

ii) It is presumed that the contractor has carefully gone through the works
specifications. MOS&T, P.W.D. Hand Book and the Schedule of rates of the division
and studied the site conditions before arriving at the rates quoted by him.

D. TREASURE TROVE
In the event of discovery by the contractor or his employees during the progress ofthe
works of the any treasure, fossils, minerals or any other article of value or interest, the
contractor shall give immediate intimation thereof to the Engineer. And forth with
mark over to the Engineer his representative such treasure or things, which shall be
the property of NAGPUR MUNICIPAL CORPORATION.

5.1 Layout of the work will be done by the contractor in consultation with the
Executive Engineer, of the NMC or his representative. Some permanent marks
should however be established to indicate the demarcation of the structures or
any component thereof made to this permanent marks in measurement books
and drawing, signed by the contractor and the NMC officer, responsibility
regarding layout will be joint.

5.2 AGENT AND WORK ORDER BOOK:

5.2.1 The contractor shall himself engage an authorized all time agent on the
work capable of managing and guiding the work and understanding the
specifications and contract conditions. A qualified and experienced Engineer
shall be provided by the contractor as his agent for technical matters. Site
Contractor No. of Correction Executive Engineer
45

engineer can also be designated as an agent of the contractor. Agent will take
orders as will be given by the Engineer in charge or his representative and shall
be responsible for carrying them out. This agent shall not be changed without
prior intimation of the Engineer in charge and his representative on the work
site. The Engineer-in-charge have the unquestionable right to ask for changes
in the quality and strength of supervisory staff of contractor and to order
removal from work of any of such staff. The contractor shall comply withsuch
order and effect replacements of the satisfaction of the Engineer-in- charge.

5.2.2 A work order book shall be maintained on site and it shall be the property
of NAGPUR MUNICIPAL CORPORATION and the contractor shall promptly sign
orders given therein by the Executive Engineer (Zone 4)in charge or his
representative and his superior officer, and comply with them. The compliance
shall be reported by contractor to the Engineer in charge in good time so that it
can be checked, the blank work order book, with machine numbered pages will be
provided by the NMC free of charge for this purpose. The contractor will be
allowed to copy out the instruction therein from time to time.

5.3 INITIAL MEASUREMENT OF RECORD:

Where for proper measurements of the work it is necessary to have an initial


set of levels or other measurements taken the same as recorded in the authorized
field book or M.B. of NAGPUR MUNICIPAL CORPORATION by the Engineer in charge
or his authorized representative will be signed by the contractor who will be
entitled to have a true copy of same made at his cost. Any failure on the part of
the contractor who will be entitled to have a true copy of same made at his cost.
Any failure on the part of the contractor to get such level etc. recorded before
starting the work will render him liable to accept the decision of the Engineer in
charge as to basis of taking measurements and will be binding on contractor
Likewise the contractor will not carry out any work which will render its
subsequent measurement difficult or impossible without first getting the same
jointly measured and recorded by himself and the authorized representative of
the Engineer in charge. The record of such measurement maintained by NAGPUR
MUNICIPAL CORPORATION shall be signed by the contractor and he will be
entitled to have a true copy of the same made at his cost.

5.3 CUSTODY OF WORK:

All work and materials before being finally taken over by NAGPUR MUNICIPAL
CORPORATION will be the entire liability of the contractor for guarding,
maintaining and making good any damages of any magnitude. It is however to
be understood that before taking over such work, NAGPUR MUNICIPAL
CORPORATION will not put it to its regular use as distinct from casual or
incidental use except as specially mentioned elsewhere in this contract or as
mutually agree to.

Contractor No. of Correction Executive Engineer


46

5.4 CO-ORDINATION:

When several agencies for different sub works of the project are to work
simultaneously on the project site, there must be full co-ordination between the
contractors to ensure timely completion of the whole project smoothly. The
scheduled dates for completion specified in each contract shall, therefore be
strictly adhered to. Each contractor may make his independent arrangements
for water, power, housing etc. if they so desire. On the other hand the
Contractors are at liberty to come to mutual agreement on his behalf and make
joint agreement with the approval of the Engineer in charge. No contractor shall
take or cause to take any steps or action that may causedestruction, discontent
or disturbance to work, laborer arrangements etc. of other contractors in the
project localities. Any action by any Contractors which the Engineer in charge
in his unquestioned discretion may consider as infringement of the above code
would be considered as a breach of the contract conditions and shall be dealt
with accordingly.
In case of any dispute or disagreement between the various contractors, the
Engineer in charge decision regarding the co-ordination, co-operation and
facilities to be provided by any of the contractor shall be final and binding on
the contractor concerned & such a decision shall not vitiate any contract nor
absolve the contractor of his obligations under the contract nor form the
grounds for any claim or compensation.

5.5 PATENTED DEVICES, MATERIALS AND PROCESS:

Whenever the contractor desires to use any designed device, materials or


process covered by letter of patent or copyright, the right for such use shall be
secured by suitable legal arrangement and agreement with patent owner and
the copy of their agreement shall be filed with the Engineer-in-charge, if so
desired by the later.

5.6 RELATION WITH PUBLIC AUTHORITIES:


The contractor shall comply with all rules, regulations, bye-laws and directions
given from time-to-time by any local or public authority in connection with this
work and shall him-self pay all charges which are leviable on him without any
extra cost of NAGPUR MUNICIPAL CORPORATION.

5.7 INDEMNITY:
The contractor shall indemnify the NAGPUR MUNICIPAL CORPORATION
against all actions, suits, claims, and demands brought or made against it in
respect of anything done or committed to be done by the Contractor in
execution of or in connection with the work of this contract and against any loss
or damage to the NAGPUR MUNICIPAL CORPORATION in consequence to any
action or suit being brought against the contractor for anything done or
committed to be done for the execution of this contract.
The NAGPUR MUNICIPAL CORPORATION may at its discretion and entirely at
the cost of the contractor defend such suit, either jointly with the contractor or
single in case the latter chooses not to defend the case.

Contractor No. of Correction Executive Engineer


47

5.8 STACKING, STORAGE AND GUARDING OFMATERIALS:

11.1The stacking and storage of building materials at site shall be in such a manner
as to prevent deterioration or inclusion of foreign materials and to ensure the
preservation of the quantity, properties and fitness of the work, suitable
precautions shall be taken by contractor to protect the materials against
atmospheric action, fire and other hazards. The materials likely to be carried away
by wind shall be stored in suitable stores or with suitable barricades and where
there is likelihood of subsidence of soil, heavy materials shall be stored on paved
platforms, suitable separating barricades and enclosure as directed shall be
provided to separate materials brought by contractor and from different sources of
supply

5.9 The contractor shall at his own expenses, engage watchman for guarding
the Materials and plant and machinery and the work during day and night
against any pilferage or damage and also for prohibiting tress passers.

5.10 No Materials brought to site shall be removed from the site without prior
approval of the Engineer–in-charge.
5.11 INSPECTION OF SITE

5.11.1 The contractor shall inform the Engineer in charge in writing when any
portion of the work is ready for inspection giving him sufficient notice to enable
him to inspect these without affecting the further progress of the work.

5.11.2 The contractor shall provide at his cost necessary ladders and such
arrangements as are considered safe by the Engineer in charge for proper
inspection of all parts of the work.

5.11.3 The contractor shall extend his full co-operation and make all necessary
arrangement when needed for carrying out inspection of the work orany part of
the work by the local representative, M.L. A‟s M.P.‟s and officers and
dignitaries / delegates of various Government NMC, local bodies, private
sectors etc. no compensation shall be paid to the Contractor on this account.

5.12 PRECAUTIONS TO BE TAKEN BY CONTRACTOR:

5.12.1 The work shall be carried out by the contractor without causing damage
to the existing Govt. property and / or private property. If any such damages are
caused the contractor shall pay for restoration of the property tothe original
condition and any other consequent damages.
5.12.2 In the event of an accident involving serious injuries or death of any
persons, at site of work or quarry or at place in connection with the work the
same shall be reported in writing within 24 hours of the occurrence to the
Engineer in charge and the Commissioner of workmen’s compensation.

5.13 CLEARANCE OF SITE ON COMPLETION OFWORK:

The contractor after completion of work shall clean the site of all debris and remove
all unused materials other than those supplied by the NMC and all plant and
machinery equipment, tolls, etc. belonging to him within one month from the date
of completion of the work, or otherwise the same will be removed by the NMC at
Contractor No. of Correction Executive Engineer
48

his cost or disposed off as per NMC procedure. In case the materials is disposed
off by NMC, the sale proceeds will be credited to the contractor’s account after
deducting the cost sale incurred. However no claim of the contractor regarding
the price or amount credited will be entertained afterwards.
5.14 REMOVAL OF CONSTRUCTIONAL PLANT WITH PRIOR PRMISSION:

All constructional plant, provided by the contractor shall when brought on the
site be deemed to be exclusively intended for the construction and the
contractor shall not remove the same or any part thereof (Save for the purpose
of moving it from one part to the site to another) without the consent in writing
of the engineer in charge who shall record the reasons for with holding the
consent.

5.15 RESTRICTIONS BECUASE OF LOCAL TRAFFIC:


As there is local traffic by the side of construction of the work, the contractor
will have to take proper precautions such as proper barricading, fencing,
lighting, information and cautionary boards for safe and smooth flow of traffic,
and keeping the concerned authorities informed about the work in progress.

5.16 COMPLETION CERTIFICATE:

5.16.1 The work shall not be considered to have been completed in accordance
with the terms of the contract until the Engineer in charge shall have certified
in writing to that effect. No approval of material or workmanship or approval of
part of that during the progress of execution shall bind the engineer in charge or
any way prevent him for even rejecting the work which is claimed to be
completed and to suspend the issue or his certificate of completion until such
alterations and modification or reconstruction have been effected at the cost of
the contractor as shall enable him to certify that the work has been completed
to his satisfaction.

5.16.2 After the work is completed, the contractor shall give notice of such
completion to the Engineer in charge and within 30 days of receipt of such a
notice the Engineer in charge shall inspect the work and if there is no defect
in the work, shall furnish the contractor with a certificate indicating the date of
completion. However, if there are defects which in the opinion of the engineer in
charge are rectifiable he shall inform the contractor the defects noticed. The
contractor after rectification of such defects shall then inform the engineer in
charge and engineer in charge on his part shall inspect the workand issue the
necessary completion certificate within 30 days if the defects are rectified to his
satisfaction, and if not he shall inform the contractor indicating defects yet to be
rectified. The time cycle as above shall continue.
5.16.3 In case defects noticed by the Engineer in charge which in his opinion
are not rectifiable but otherwise work is acceptable at reduced payment, work
shall be treated as completed. In such cases completion certificate shall be
issued by the Engineer in charge within 30 days indicating the un-rectifiable
defects for which specified reduction in payment is being made by him.

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49

5.16.3 The issue of completion certificate shall not be linked up with the site
clearance on completion of the work.

5.16.4 Should regular, public traffic be allowed on the bridge, road at any stage
prior to being taken over then the maintenance period shall be deemed to
commence from the date of such traffic passing over the bridge, road & shall
be up to 30 days after the date of issue of completion certificate by Engineer in
charge but not more than 12 months after opening to traffic.

5.17 ANCILLARY WORKS:

The contractor shall submit to Engineer in charge in writing the details of all
ancillary works including layout and specifications to be allowed for its
constructions. Ancillary work shall not be taken up in hand unless approved by
Engineer in charge. The Engineer in charge reserves the right to suggest
modification or make complete changes in the layout and specifications
proposed by the Contractor at any stage to ensure the safety on the work site.
The contractor shall carry out all such modifications to the ancillary works at
his own expenses as ordered by the Engineer in charge.

5.18 TEMPORARY QUARTER:

The contractor shall at his own expense maintain sufficient experienced


supervisory staff etc., required for the work and shall make his own arrangements
for housing of such staff with all necessary amenities. General layout plan for such
responsibility of the contractor to get his layout plan of temporary structure
approved from the local competent authorities.
5.19 SAFETY MEASURES :
The contractor shall take all necessary precautions for the safety of the workers and
preserving their health while working on such jobs as required special protection and
precaution wherever required. The following are some of the requirements listed
though not exhaustive. The contractor shall also comply with the directions issued
by the Engineer in this behalf from time to time at all times.
The following are some of the requirements (The list is not exhaustive)
1) Providing protective footwear to workers in situations like mixing and placing
of mortar of concrete, in quarries and place where the work is to be done under
too much wet conditions as also for movements over surfaces tested with oyster
growth.
2) Providing protective headwear to workers in quarries etc. to protect them
against accidental fall of materials from above.
3) Providing handrails to the edges of the loading platforms of barrages ropeways,
ladders not allowing rails of metal parts or unless timber to spread around etc.
4) Providing workmen with proper safety belts, ropes, etc. when working on
any masts, cranes, circle hoist, dredges etc.
5) Taking necessary steps towards training the workers concerned of the use
of machinery before they are allowed to handle it independently and taking all
necessary precautions in and around the areas where machines, hoists and similar
units are working. Wherever required by the law the persons handling the
machinery shall have the required license, certificate etc.
6) Preventing over loading and over-crowding of floating the land based
machinery and equipment.

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50

7) Providing life belts to all men working at such situations from where they
may accidentally fall into water. Equipping the boats with adequate
numbers of life boats etc.
8) Avoiding bare live wires etc. as would cause electrocution to workers.
9) Making all platforms, staging’s and temporary structures sufficiently strong
and not causing the workmen and supervisory staff to take undue risks.
10) Providing sufficient first aid trained staff and equipment to be available quickly
at the work site to render immediate first-aid treatment in case of accident due to
suffocation, drowning and other injuries.
11) Taking the all-necessary precautions wherever divers are engaged on work.
Providing full length gum boots, leather hand gloves, leather jackets with
fireproof aprons to cover the chest and back reaching upto knees, plain
goggles for the eyes to the labor working with hot asphalt, handling,
vibrators in cement concrete and also where use of any or all these items is,
essential in the interest of health and well-bring of the laborers in the
opinion of the Engineer- in–charge.
5.20 Medical and sanitary arrangements to be provided for labor
employed in the construction by the contractor.
1) The contractor shall provide an adequate supply of pure and wholesome
water for the use of laborer’s on works and in camps.
2) The contractor shall construct trenches. Semi permanent latrines for the
use of laborer’s. Separate latrine shall be provided for men and women.
3) The contractor shall build sufficient number of huts on suitable plot of
land for use of the laborer’s according to the following specifications.
4) Huts of bamboos and grass may be constructed.
5) There should be no over crowding. Floor space at the rate of 3 Sqm (30
Sq.ft.) per head shall is provided. Care should be taken to see that the
huts are kept clean and in good order.
6) The contractor must find his own land. If he wants Govt. land he should
apply for it. Assessment for it if demanded will be payable by contractor.
However the NMC does not bind itself for making availablethe required
land.
7) A good site not liable to submergence shall be selected on high ground
remote from jungle but well provided with trees; shall be chosen wherever
it is available. The neighborhood of tank, jungles, trees or woods should
be particularly avoided. Camps should not be established close to large
cutting of earthwork.
8) The lines of huts shall have open space of at least 10 meters between
rows. When a good natural site cannot be procured particular attention
should be given to the drainage.
9) The contractor shall construct sufficient number of bathing places,
sufficient number of washing places also be provided for the purpose of
the washing cloths.
10) The contractor shall make sufficient arrangement for draining away the
surface and sewage water as well as water from the bathing and
washing places and shall dispose of the waste water in such away as not
cause any nuisance.
11) The contractor shall engage a medical officer with a traveling
dispensary for a camp containing 500 or more person if there is no
NAGPUR MUNICIPAL CORPORATION or other dispensary situated
within eight Kilometers from the camp. In case of an emergency

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contractor shall at his cost, free transport for quick medical help to
his sick workers.
12) The contractor shall provide the necessary staff for affecting the
satisfactory conservancy and cleanliness of the camp to the satisfaction
of the Engineer -in charge. At least one sweeper per 200 persons should
engaged.
13) The Assistant Director of public health shall be consulted before
opening a labor camp and his instruction on matters such as water
supply, sanitary, convenience, the camp site, accommodation and food
supply shall be followed by the contractor.
14) In addition to above all provision of the relevant labor act pertaining to
basic amenities to be provide to the labor shall be applicable which will
be arranged by the contractor
15) The contractor shall make arrangement for all anti malaria measures to
be provided for the labor employed on the work. The anti malaria
measures shall be as directed by the Public Health Officer.

5.21 The contractor except as provided in special conditions which follow shall
if necessary construct at his cost temporary roads and maintain these in proper
conditions till completion of the work at his own cost.

5.22 The contractor except as provided in special conditions which follow shall
have to at his own expenses make all preliminary arrangements for labor,
water, electricity and material etc. immediately after getting the work order.
The NAGPUR MUNICIPAL CORPORATION may render necessary assistance in
this regard by way of letters of recommendations, if so requested by the
contractor. No claim for any extra payment or applications for extension of time
on the grounds of any difficulty in connection with the above matters will be
entertained.

5.23 WORKING METHODS AND PROGRESS SCHEDULES:


1 The contractor shall submit within the time stipulated by the Engineer-in-
charge in writing the details as actual methods that would be adopted by the
contractor for the execution of any items as required by Engineer at each of
the location supported by necessary detailed drawing and sketches including
those of the plant and machinery that would be used their locations
arrangement for conveying and handling materials etc., and obtain prior
approval of the Engineer-in-charge well in advance of starting of such item of
works. The Engineer-in-charge reserves the right to suggest modifications or
make corrections in the method proposed by the contractor whether accepted
previously or not at any stage of the work to obtain the desired accuracy, quality
and progress which shall be binding on the contractor no claim on account of
such change in method of execution will be entertained by NAGPUR
MUNICIPAL CORPORATION so long as specification of the item remain
unaltered.
2 The contractor shall furnish within one month of the order to start the work
program of work in quadruplicate indicating the date of actual start, the
monthly progress expected to be achieved and anticipated completion date of
each major item of work to be done by him also indicating dates of procurement
of materials and setup of plant and machinery. The programis to be such as
practicable of achievement towards the completion of whole work in the time
limit and of the particular items; if any of due dates specified in contract,
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52

planning and programs of work should be done by the mature decision between
the Executive Engineer (WW)Public Works Division NMC,NAGPUR and the
contractors representative in charge of work. The progress of work shall be
reviewed in every two months and revised programs shall be drawn if necessary.
No revised program shall be operative without the approval of engineer in charge
in writing. The Engineeris further empowered to ask for more detailed schedule
or schedules say weekly for any item or items. In case of urgency of work as will
be directed byhim and the contractor shall supply the same and when asked
for. Acceptanceof the program or the revised program by the Engineer in
charge shallnot relieve the contractor of his responsibility to complete the whole
work by the prescribed time or the extended time if any.
3 The contractor shall furnish within one month of the order to start the work
program of work in quadruplicate indicating the date of actual start, the monthly
progress expected to be achieved and anticipated completion date of each major
item of work to be done by him also indicating dates of procurement of materials
and setup of plant and machinery. The program is to be such as practicable of
achievement towards the completion of whole work in the time limit and of the
particular items; if any of due dates specifiedin contract, planning and program
of work should be done by the mature decision between the Executive Engineer
(WW) NMC,NAGPUR and the contractors representative in charge of work. The
progress of work shall be reviewed in every two months and revised programs
shall be drawn if necessary. No revised program shall be operative without the
approval of engineer in charge in writing. The Engineeris further empowered to
ask for more detailed schedule or schedules say weekly for any item or items. In
case of urgency of work as will be directed by him and the contractor shall supply
the same and when asked for. Acceptance of the program or the revised
program by the Engineer in charge shall not relieve the contractor of his
responsibility to complete the whole work by the prescribed time or the extended
time if any.

4 The contractor shall employ sufficient plant, equipment and labors may be
necessary to maintain the progress schedule. The working and shift hours
restricted to one shift a day for operations to be done under the NAGPUR
MUNICIPAL CORPORATION supervision shall be such as may be approved by
the Engineer in charge. They shall not be varied without prior approval of the
Engineer. Night work which requires supervision shall not be permitted except
when specially allowed by Engineer in charge on each item if required by
contractor. The contractor shall provide necessary lighting arrangement etc. for
night work as directed by Engineer without extra cost to NAGPUR MUNICIPAL
CORPORATION.
5The contractor shall submit reports on progress of work in forms and statements
etc. at periodical intervals in the form of progress chart, forms, statements and / or
reports as may be approved by the Engineer in charge. Forms for the sending
reports about the progress will be supplied by the Engineer in charge.

6 The contractor shall maintain proforma, charts, details regarding the


machinery, equipment, labor, materials, periodical returns thereof,proforma to
be got approved from the Engineer in charge.

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5.24 PAYMENTS:
The contractor must understand clearly that the rates quoted are for completed
work and include all cost due to labor, all leads and lifts involvedand if further
necessitated, scaffolding, plants, machineries, supervision power, service works,
royalties, octrois, taxes, etc. and should also include all expenses to cover the cost
of lighting, night works if and when required &no claim for additional payment
beyond the rates quoted will been entertained and the contractor will not be
entitled subsequently to make any claim on the ground of any representation or on
any promise by any person (whether member in the employment of any Public
Works NMC or not) or on the groundof any failure on his part to obtain all
necessary information for the purposeof making his tender and fixing the several
prices and rates therein relieve him from any risks or liabilities arising out of or
consequences upon submission of the tender. Payment to the contractor will be
made by the RTGS or Cheque drawn on any treasury within the division provided
the amount to be paid exceeds Rs.100/- shall amount will be paid in cash.

5.24 CLAIM FOR EXTRA WORKS


1 Claims for extra works shall be registered within 30 days of occurrence of the
event. However, bills for these claims along with supporting data details may be
submitted subsequently.
2Bills for extra works or for any claim shall be paid separately apart from the
interim bills for the main works. The payment of bills for the main work shall not
be withheld for want of decision on extra claim not covered in the schedule of
item for extra work.

5.25 CONTROLLED CONCRETE :

Acceptance criteria shall be as per IS : 456 – 2000 (With latest amendments)

5.26 NOMINAL MIX CONCRETE :

Acceptance criteria shall be as per IS : 456 – 2000 (With latest amendments)


5.27 ASSISTANCE IN PROCURING PRIORITIES, PERMIT ETC.:
1. The Engineer in charge on written request by contractor, will if in his opinion
the request is reasonable and in the interest of work and its progress, assist
the contractor in securing, the priorities for deliveries, transport, permits for
controlled materials etc. where such are needed. The NMC however will not be
responsible for the non-availability of such facilities or delays in this behalf and
no claims on account of such failure or delay, shall be allowed by the NMC.
2. The contractor shall have to make his own arrangement for machinery required
for the work. However if same is conveniently available with the NMCit may be
spared as per rules in force on recovery of necessary security deposit and rent
at the rate approved from time to time by the independent to this contract and the
supply or non-supply of machinery shall not form a ground for any claim or
extension of time limit for this work.

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5.28 WATER SUPPLY:

a. Availability of adequate water for work and sources there of shall be confirmed
by the contractor before submitting the tender.
b. The contractor shall make his own arrangements at his own cost for entering
into contract with concerned authority for obtaining the connection and carry
the water up to the work site as required by him. The location of the pipeline
with respect to the road shall be decided by Engineer-in-charge and shall be
binding on the contractor. The NMC shall not bear any responsibility in respect
of any problems and contractor shall not be liable for getting the any
compensation on any ground. The progress of work shall not hamper for the
above reasons.
c. The contractor is advised to provide water storage tanks of adequate capacity
to take care of possible shut down of water supply system.
d. The contractor shall have to supply water required by the NMC for its
establishment at work site free of cost.
e. In case Contractor uses NMC water, actual water charges shall be deducted from
his Bills.

5.29 ELECTRICITY:
a. The contractor will have to make his own arrangement at his own cost for obtaining or
providing electric supply at work site. The NMC shall not bear any responsibility in respect of
any problems and contractor shall not be liable for getting any compensation on any ground.
The progress of work shall not hamper for the above reasons.

b. Electrical supply for the NMC’s use at work site shall be provided by the contractor on mutual
agreed terms. The contractor may not abide by these conditions when power supply at the
site fails.

c. In case Contractor uses NMC Electricity, actual Consumption shall be deducted from his Bills.

5.30 TELEPHONE FACILITIES:

The contractor will have to make his own arrangements at his own cost for a telephone
connections at work site if required.

5.31 MATERIAL SOURCES:


1. The contractor shall make their own independent investigation as to the
availability as well as suitability of various materials required for construction
as referred to in these par as.
2. If any quarry is in the possession of the NMC the contractor will be allowed
to use the same on usual condition. In other cases, the contractor will have to
make his own arrangement for procuring quarries or the quarry permits,
necessary assistance for which will be given by the NMC.
3. Lime stone shall not be permitted for any concrete work.
5.32 LAND :
1 The contractor shall make all efforts to obtain land required for the ancillary
works. In case the contractor is unable to obtain land and if requested, then the
NMC may requisitioned land at his own cost.
2 Land as available with NMC for requisitioned by the NMC at the request of a
contractor will be handed over to the contractor for such use as will be
Contractor No. of Correction Executive Engineer
55

necessary for ancillary works, on payment of rent to the NMC. Plot development
if any will have to be done by the contractor at his own cost.The development
shall be in conformity with the regulations with the local authorities.
3 3 If for the purpose of construction of the work it becomes necessary for the
contractors to occupy land not in possession of the NMC, the contractors will
have to make his own arrangement with the land owners, and pay such
compensation as a mutually agreed between them. on completion of work ,
all land mentioned in para 33.1 and 33.2 and 33.3 shall be handed back to the
owners or the NMC as the case may be after cleaning the land as directed by
the Engineer in-charge.
4 Dismantling of building on a Govt. or NMC land shall be done only after the
approval of Engineer-in-charge.
5.33 FLOODS AND ACCIDENTS:

The contractor shall take all precaution against damages by floods or from
accidents etc. No compensation will be allowed to the contractor on this
account or for correction and repairing any such damage to the work during
construction. The contractor shall be liable to make good at his cost any plant
or material belonging to the Govt. loss or damaged by floods or from any other
cause while in his charge. The proof of occurrence of flood report with flood
level will have to be furnished by the contractor. No compensation will be
allowed for damages on ancillary items and equipment sets which are brought
to the site by the contractor for effecting execution of work.

5.34 URGENT WORK:


If any “Urgent Works”(In respect where decision of the Engineer –in –Charge
shall be final and binding) become necessary and contractor is unable or
unwilling to carry it out at once, the Engineer in charge by his own or through
the other people have it carried out as he may consider necessary. If theUrgent
Work shall be such as in the opinion of the Engineer in charge the contractor is
liable under the contract to carry out at his expenses. All expenses incurred on
it by the NMC shall be recoverable from the contractor, and be adjusted or sets
off against any sum payable to him.

5.35 CEMENT CONTENT:-


CONSUMPTION OF CEMENT FOR THE CONCRETE WORK:
SR. Grade of Minimum Consumption of cement in
No. Concrete bags / Cum
1 M-10 4.40bags
2 M-15 6.27bags
3 M-20 7.10 bags
4 M-25 7.50 bags
5 M-30 8.00 bags
6 M-35 8.25 bags
7 M-40 8.50 bags

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56

8 M-45 8.75 bags

Note ;- The weight per bag of Cement is considered as 50 Kg


Consumption rate of cement is for OPC. In case,contractor
desires to use PPC then he should get mix design for all grades of
concrete mentioned above and in schedule ‘B” from reputed
laboratory as approved by Engineer -In -Charge at no extra cost to
NAGPUR MUNICIPAL CORPORATION

The rate of consumption of cement for various grades of concrete referred


above is a theoretical rate of consumption assumed for the estimate purpose.
The contractor will have to obtain an economic mix design for grades of
concrete M-20 and above and get it approved from the Engineer-in-charge.The
specification for controlled cement concrete shall be as per standard
specification No.B-7 Page 38, and IS 456-2000.

Immediately upon the receipt of the award of the contract, the contractor shall
inform the Engineer the exact location of the sources of the acceptable material.
The concrete mix to be used shall be got designed P.W.D laboratoryor NABL
laboratory by the contractor with a optimum quantity of cement togive the
specified strength in the preliminary tests and the proportion got approved by the
engineer in writing. These proportions shall be used so longas the materials
continue to be of the same quality and from the same sources subject only to slight
changes in the relative quantities of fine and course aggregate for the purpose of
promoting workability provided the work tests also shows the required
strength.

5.36 CONTRACTOR TO INFORM HIMSELF FULLY:


The contractor shall be deemed to have carefully examined the work and site
conditions including labors, the general and the special conditions, the
specifications schedule and drawing and shall be deemed to have visited the site
of the work and to have fully informed himself regarding the local conditions and
carried out his own investigations to arrive at the rates quotedin the tender. In
this regards he will be given necessary information to the best of the
knowledge of NMC but without any guarantee about it. If he shall have portion
of these general conditions, or the special conditions to the scope of working of
the specification and drawings, or any other matter concerning the contract, he
shall in good time before submitting his tender set forth the particulars thereof and
submit them to the Engineer in writing in order thatsuch doubt may be clarified
authoritatively before tendering. Once a tender is submitted the matter will be
decided in accordance to the tender conditions in absence of such authentic
clarification.
5.37 ERRORS, OMISSION&DISCREPANCIES:
a) In case of errors, omissions and / or disagreement between written and scaled
dimensions in the drawing or between the drawing and specifications etc., the
following order of preference shall apply.
Between actual scaled and written dimensions or description on a
drawing the latter shall be adopted.

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57

Between the written description or dimensions in the drawing and


the corresponding one in the specifications, the latter shall apply.
Between the quantities shown in the schedule of quantities and
those arrived at from the drawing the latter shall preferred

b) In all cases of omissions and/or doubts or discrepancies in the dimensions or


of any item or specification a reference shall be made to the engineer, whose
elucidation, elaboration or decision shall be considered as authentic. The
contractor shall be held responsible for any errors that may occur in the work
through lack of such reference and precautions.

c) The contractor should not sublet any part of work without written permission
of the Engineer in charge.

5.38 SAMPLES AND TESTING OF MATERIALS:


(i) All materials to be used on work, such as cement, steel, stones, bricks,
aggregates, asphalt, wood, tiles, etc. shall be got approved in advance from the
Engineer-in-charge and shall pass the tests and analysis required by him.

(ii) The contractor shall at his risk and cost make all arrangementand
/ or shall provide for all such facilities as the Engineer in charge mayrequire
for collecting, preparing and forwarding required number of samplesfor tests
or for analysis to the nearest approved laboratory and bear all charges and
cost of testing. Such samples shall also be deposited with theEngineer-in-
charge till sent for testing. Out of total number of tests as perfrequency
requirement 30 % of these tests shall be carried out in P.W. NMC Laboratory.

(iii) The contractor shall if and when required submit at his cost the
samples of materials to be tested or analyzed and if so directed shall not make
use or in corporate in the work any material represented by the samples until
the required tests or analysis have been made after the test of the materials
finally accepted by the Engineer-in-charge.

(iv) Testing of Material :


1) Frequency of testing of the construction material and the percentage of the
testing from the NAGPUR MUNICIPAL CORPORATION laboratory shall be
asunder:

a) Where the field laboratory certified by the concerned Engineer in charge is


established at the work site 70% test as per total frequency required shall be
carried out in the said field laboratory and 30% tests shall be carried out at the
Vigilance and Quality control laboratory of NMC / P.W.D / NABL Laboratory for
the material not covered in the annexure IV 50% tests shall be carried out in the
field laboratory and remaining 50% tests need to be carriedout from above
mentioned laboratory, The entire responsibility of the sample testing as per
required frequency including testing charges will be borne by the agency

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58

b) Where field laboratory is not established at the works site 100% tests as per
frequency shall be carried out in the Vigilance and quality laboratory of NMC /
PWD or NABL Laboratory NAGPUR.

c) Testing of cement and steel 100% in Vigilance and quality laboratory NMC
NAGPUR is compulsory.

d) It is mandatory to submit the test reports of materials/samples used


for the work as per the frequency given in the specification with the bill.
If the test results are not submitted along with the bill, amount equal to
five times the prevailing VQC testing charges shall be deducted from
the bill. More over the work will be withheld for paymentfully or partly
for want of results as decided by the Executive Engineer.
Samples for the items for which testing is not done as per
frequency shall be collected and submitted for testing by the engineer
in charge or his representative for testing and testing charges for this sample
shall be paid by engineer in charge through the amount deducted as
above and balance amount shall be remitted to revenue. Till such results
are received contractor shall be paid (at part rate as decided by the Engineer
in Charge).

2) Mixing of concrete shall be done with concrete mixers.

3) The Contractor shall make field arrangements for testing of all materials forcement
concrete i.e. slump test, bulkage test, etc.. The concrete cube mould 3 Nos. of
15cmx15cmx15cm. size shall be kept at site during concreting operation. One
set of six 15 cm. (about 6”) cubes shall be prepared from theconcrete to be
used in work for compression test on the first three days operation and thereafter
for every 60 cubic meter of concrete or three days work whichever is less. If
source of aggregate or grading is changed, one set ofsix test cubes shall be taken
for each changed batch. Three cubes shall be tested for test at 7 days age and
3 at 28 days in Regional Testing Lab of NMCNAGPUR All the testing charges
shall be paid by the contractor. The entire responsibilities of the testing of
materials will be borne by the contractor.

4) For providing Electric Wiring, Duct tubes of the required diameter and length
shall be provided through walls, beams and floors, slabs as and when directed
without any extra cost.

5) (a) The contractor shall make his own arrangement for receiving all materials,
tools, etc. required for the work.
(b) No extra charges for carriages of water will be allowed.
(c) The rates for all items are inclusive of all charges such as carting, lifting, etc.
No extra payment for any lead and lift will be paid for any items.
(d) A frequency of testing shall be as per relevant works specification. In case such
frequency is not specified in the works specification then the IS code willbe
referred and for other cases where IS code do not stipulated the frequency of
testing, it will be as directed by Engineer in charge and should be furnishedin
specified test abstract Annexure III
(e) The Contract should not be sublet without written permission of Executive
Engineer
(f) Tender condition of tender notice will be binding on contractor and etc. tender
notice will form a part of agreement.

Contractor No. of Correction Executive Engineer


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5.39 WEIGH BATCHING:


The following instructions shall be followed as regards to preliminary designs of mix
and methods of batching of plain cement concrete and reinforced cement concrete. The
preliminary mix design and batching for various grades of concreteshall be governed
by the guidelines as per I.S.4562000. It will be the responsibility of the contractor to
obtain the mix design for various cement concrete grades at his cost from the P.W.D
laboratory.

5.40 MISCELLANEOUS:

1 ERASER:
Person tendering are informed that no erasers or any alteration by them in the text of
the documents set herewith will be allowed and any such eraser or an alteration will
be disregarded. If there is any error in writing no overwriting should be done but the
wrong words or figures should be struck out and the correct one written above ornear
it in an unambiguous way. Such correction should be initialed and dated.

2 ACCEPTANCE:
Intimation of acceptance of tender will be given by a telegram or a letter sent by registered
post to the address given below the signature of the tenderer in the tenders. The
tenders which do not fulfill any of the above conditions or those in the form and which
are incomplete in any respect shall be liable for rejection.

3 COMPETENCY OF TENDERERS:
The work will be awarded only to those contractors who are considered to be
responsive contractors, capable of performing the class of work to be completed.
Before passing the final award any or all contractors may have to show that he has
the necessary experience, facilities, ability and financial resources to execute the work
in satisfactory manner and also within the stipulated time. The contractorsmay
also be required to furnish to the NMC a statement in respect of theirexperience
and financial resources.

4 PRECAUTIONS TO BE TAKEN BY THE CONTRACTOR TO PREVENT


ACCIDENT:
i) No live electric line should be allowed to run along the ground in the blasting zone and they
should be at least 3 m above ground if not more.

ii) The wiring cable should not be taken near the live electric line and it shouldbe
preferably shot firing cable as supplied by the supplier of explosives. If such a
cable is not available a substitute cable made up of several pieces jointed and
tapped be used.
iii) The blasting shed from where the exploder is to finally operate should be at
least 150 m. away from the area to be blasted. It should have a strong roof,
which can withstand the impact of flying stones at this range.
iv) Only trained hands shall be allowed to handle explosive cable detonators etc.

5 POLICE PROTECTION:
For the police protection of the camp of the contractor’s work, the Dept. will help the
contractors as far as possible to arrange for such protection with the concerned
authorities the cost shall be borne by the contractor.

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6 For providing electric line and water line etc. recesses shall be provided. If
necessary, through walls, slabs, beams, etc., and later on refilled it with a bricks or
stones, chipping cement mortar without any extra cost.
7 In case it becomes necessary for the due fulfillment of the contractor for contractor
to occupy land outside the NMC limits, the contractor will have to make his own
arrangement with the land owners and pay such a rents, if any, which are payable
as mutually agreed between them.
8 The contractor shall duly comply with the provisions of the Apprentices Act. 1961 (iii
of 1961) and the rule and orders made there under from time to time under the said
Act and the said Rules and on his failure or neglect to do so he shall be subjectto all
the liabilities and penalties provided by the said Act and Rules.
9 It is presumed that the contractor has gone carefully through the standard
specification (Vol. I & II 1981 edition) and the schedule of rate of the Division, and
studied of site conditions before arriving at rates quoted by him. The special
provisions and detailed specification of wording of any item shall gain precedence
over the corresponding contrary provisions (if any) in the standard specification
given without reproducing the details in contract. Decision of Engineer-in-charge
shall be final in case of interpretation of specification.
10 If the standard specifications fall short for the items quoted in the schedule of this
contract reference shall be made to the latest Indian Standard Specifications,
I.R.C. codes, and MOST specification if any of items of this contract do not fall in
reference quoted above, the decision and specifications as directed shall be final.

5.41 SPECIAL CONDITIONS:

1 The contractors should ensure that all safety precautions are observed by their
labors, working closed to the State Highway and while closing the state Highway
precautions are taken including insurance etc., for their labor at the cost of the
contractor etc. if any accident occur to the labor etc., no claim in this regard on
whatsoever account shall be entertained and the decision of the NMC will be final
and conclusive.

2Contractor shall observe the rules and regulations empowered by traffic police for
smooth flow of traffic on the diversion road and shall not be entitled for claim any
compensation arising thereof.

5.42 MIX DESIGN:

The following instructions shall be followed as regards preliminary design of mix


and methods of batching of plain cement concrete and reinforced cement concrete.
These instructions should be treated as supplementary to the relevant provision in
the specifications for the respective items contained in the book of standard
specifications and will override the provisions contained therein wherever they are
contrary to the following instructions.
The preliminary mix design and batching for various grades of
concrete shall be governed by the following guidelines.

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5.42.1 Concrete Grade Guidelines


1) Upto M-15: This should only be Nominal concrete mix.: As specified in IS 456- 200
May be prescribed in the present practice as regards preliminary design of mix and
permitting volume batching.
2) M-20 and above: Preliminary mix design must be prepared for such mixes weigh
batching shall be insisted for cement fine aggregate and course aggregate.
3) For the grades of concrete M-20 and above the preliminary mix design shall be carried
out from the approved laboratory.
5) The charges for preliminary design, of concrete mix shall be entirely borne by the
Contractor.
6) For grades of concrete M-20 and above where cement is to be used by weight,the
cost of extra cement required to make-up the under-weight bags shall be borneby
the Contractor.
7) For the items of concrete of grades lower than M-20 and other items in the
agreement, where cement is not to be used by weighment, the cement bags as
received from the manufacturer shall contain cement of 50 Kg. net weight.
8) The admixtures such as plasticizers/super plasticizers for concrete grade M-20
and above shall be used as directed by Engineer in charge depending upon specific
requirements of mix design. No extra payment s on this account will be admissible.

6 - ADDITIONAL TENDER CONDITIONS


(1) The Contractor should produce the no objection certificate obtained from the Maharashtra
Pollution Control Board before starting Crusher / Drum Mix Plant on the work site.

(2) SUPPLY OF COLOUR RECORDS PHOTOGRAPHS/ALBUM WITH COMPLETIPN DRAWING


a) The Contractor shall arrange to take Color Photograph at various stages / Facets of the work
including interesting and novel features as desired by the Engineer in charge. Photographs shall be
of and taken to the standard post card size marked in album of acceptable quality. Also the negative
film in 35 mm size shall be supplied for each photograph in the Album shall be suitably captioned.
The Contractor shall arrange for taking video films of important activities of the work as directed
by the Engineer in charge during the currency of the project & editing them to a video film of
playing time not less than 60 minutes & up to 180 minutes as directed by Engineer in charge. It
shall contain narration of the activities in English / Marathi by a competent narrator. Videocassette
shall be of acceptable quality & film shall be capable of producing color picture.
b) In completion of the work, the contractor shall furnish free of cost 2 set of final completion drawing
in auto CAD/PDF format with soft copy. As build completion drawing with GIS reference plotting
on google map with length, connectivity, flow direction, adjoining structures, location etc complete
should be submitted by contractor in concern with In charge Engineer. The Payment of Final Bill
should be made to the contractor after receipt of above completion drawing sets. In case of non
submission 5% amount of Contract cost shall be withheld/deducted. It shall be considered as
incidental to the work and no additional payment whatsoever will be made for same.
(3) After award of contract, Contractor will have to provide and fix the information boards showing name,
tender cost, period of completion, name and telephone number of agency and Engineer in charge and
other details as directed by Engineer in charge (As per 5)
(4) Insurance of Contract Work:
Contractor shall take out necessary insurance Policy/Policies (viz Contractor's all risk
Insurance policy, Erection all risk insurance policy etc. as decided by the Directorate of insurance.) so
as to provide adequate insurance cover for execution of the awarded contract work for total contract
value and complete contract period compulsorily. Similarly all workmen's appointed to completed the
contract work are required to insure under workmen's compensation Insurance policy. Insurance
Policy/Policies taken out from any other company will not be accepted. If any Contractor has effected
Contractor No. of Correction Executive Engineer
62

Insurance with any insurance company, the same will not be accepted and the amount of premium
calculated by the Government Insurance fund will be recovered directly from the amount payable to
the Contractor for executed contract work and paid to the Directorate of Insurance fund, Maharashtra
State. Mumbai .The Director of Insurance reserves the right to distribute the risk of Insurance among
the other insures. The Contractor shall submit the insurance document within 7 working days from the
date of work commencement order. This insurance premium shall stand reimbursable in the 1 st R.A.
Bill. Extended period insurance premium will not be paid by Department.

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(1) Board 0.90m x 0.60m showing following information shall be provided


by Contractor at no extra cost to the Government

Ukkxiqj egkuxjikfydk ukxiqj


lkoZtfud vkjksX; vfHk;kaf=dh foHkkx

1 foHkkxkps uko :

2 Dkekps uko :

3 fd- eh- :

4 Dkekph fdaer :

5 da=kVnkjkps ukao :

6 dkelq: >kY;kpk fnukad :

7 Dke iq.kZ dj.;kpk dkyko/kh :


8 nks"k fuokj.k dkyko/kh :
o’kZ :
iklqu fnukad :
Ik;Zar fnukad :

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7-SPECIAL CONDITIONS
(1) Construction Machinery / Equipment :
1.1 The methodology and equipment to be used on the project shall be
furnished by the Contractor to the Engineer-In-Charge well in advance
of commencement of work and approval of the Engineer-In-Charge
obtained prior to its adoption and use.
1.2 The Contractor shall give, a trial run of the equipment for establishing
its capability to achieve the laid down specifications and tolerance to
the satisfaction of the Engineer-in-Charge before commencement of
work, if so desired by the Engineer-In-charge.
1.3 All equipment provided shall be of proven efficiency and shall be
operated and maintained at all times in the manner acceptable to the
Engineer-In-Charge.
1.4 No equipment or personnel shall be removed from the site without
permission of the Engineer-In-Charge.
(2) Work Program and Methodology of construction:
The Contractor shall furnish his program of construction, for execution of the
work within the stipulated time schedule together with methodology of
construction of each item or work and obtain the approval of the Engineer-
In-Charge to the revised program, if necessary/
(3) Revised Program of Work in case of slippage:
In case of slippage from the approved work program at any stage, the
Contractor shall furnish revised program to make up slippage within the
stipulated time schedule and obtain the approval of the Engineer-in-charge to
the revised program.
(4) Action in case disproportionate progress :
In case of extremely poor progress of the work or any item at any stages of
work which in the opinion of the Engineer-In-Charge can not be made good by
the Contractor considering his available resources, the Engineer-In- Charge
will get it accelerated to make up the lost time through any other agency, and
recover the additional cost incurred, If any, in getting the work done from the
Contractor after informing him about the action envisaged by him.
(5) The responsibility of assuring the quality of work shall be on the
Contractor who shall take actions as stipulated in standard specification as
per “Schedule C”
6) Labor License : It shall be obligatory on the part of the Contractor
to obtained the necessary labor License from the labor NMC within
fortnight of issue of work order.

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CONDITIONS FOR THE MATERIALS TO BE PROCURED BY THE


CONTRACTOR
1. Cement: Only Ordinary Portland cement 43/53 grade conforming to the
I.S.: 8112 shall be permissible for the work. Independent testing of cement used
shall be done by the Contractor at site and in the laboratory approved by the
Engineer-in-charge before use. Any cement with lower quality than that shown
in the manufactures certificate shall be debarred from use. In case of finally
ground cement or imported cement, the Engineer-in-charge may direct the
Contractor to satisfy him as to the acceptability of such cement, especially with
regard to creep and shrinkage effect. Any consignment or part of a consignment
of cement, which has deteriorated in any way, shall not be used in the works
and shall be removed from the site by the Contractor without charge to the
employer. Cement shall be transported, handled and stored on the site in such
amanner as to avoid deterioration and contamination. Each consignment shall
be stored separately so that it may be readily identified and inspected and
cement shall be used in the sequence in which is delivered at site.
The Contractor shall prepare and maintain proper records on site in respect of
the delivery, handling storage and use of cement and these records shall be
available for inspection by the Engineer-in-charge at all times.

2. T.M.T Steel
T.M.T. steel shall comply with IS: 1786 and “Mild Steel” bars shall comply with IS:
432.All reinforcement shall be free from rust loose mill scale or coats of Oil, Paints
etc. which may destroy bond and protected by anticorrosive treatment before
placing in position for concreting.
The agency should use the steel manufactured by the Main Producers only. No
re-rolled steel shall be incorporated in the work.

3. Rejection of Materials not conforming to specification:


Any Stock or batch of material(s) of which sample(s) does not confirm to the
prescribed test and quality, shall be rejected by the Engineer-in-charge or his
representative and such materials shall be removed from site by the Contractor
at his own cost. Such rejected materials shall not be made acceptable by any
modifications

Materials not corresponding in character and quality with approved samples will
be rejected by the Engineer-in-charge or his representative and shall be removed
from the site at the end of working season will not be allowed to use for any
component of work in the next seasons.

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ADDITIONAL CONDITIONSFOR CEMENT, STEEL, BITUMEN BROUGHT BY


THE CONTRACTOR.
1) All the materials required for construction of work shall be arranged by the
Contractor at his own cost. The samples of material to be procured shall be got
approved by the Engineer-in-charge and material as per approved samples shall
only be procured.
2) The Contractor shall submit periodically as well as on completion of work, an
account of all materials brought by him in a manner as directed by Engineer-in-
charge. The Contractor shall also furnish monthly account of materials; a separate
register shall be maintained on site for recording daily item wise receipt and
consumption of Cement, Steel and Asphalt used by him, also item wise consumption
of other materials used. This register shall be signed daily by the Contractor or his
representative and representative of Engineer-in-charge.
3) All the materials required for the work shall be brought by the Contractor at his own
cost. In each case, certificate for its quality and quantity shall be produced by the
Contractor at his own cost and the test results of samples shall be supplied to the
NMC. The material not confirming to the required standard shall be removed atonce
from the site of the work by the Contractor at his own cost.
4) Testing of all construction material shall be carried out as per required frequency
and specifications and the charges for testing shall be borne by the Contractor
5) All the testing charges for mix design etc. if necessary on construction work shallbe
borne by the Contractor.
6) The Contractor shall construct shed / sheds as per direction of the Engineer-in- charge
of the work for storing the materials brought at site. The material shall be taken out for
use in the presence of the NMC representative only.
7) The Contractor shall make his own arrangement for the safe custody of the materials
which are brought for construction of work.
8) The Contractor shall not transfer any material once brought at work site without
prior written permission from Engineer-in-charge and for benefited reasons only.
9) In case the materials brought by the Contractor become surplus owing to thechange
in the design of the work, the materials should be taken back by the Contractor at
his own cost after prior permission of the Engineer-in-charge.
10) The charge for conveyance of materials from the place of delivery to the site of work
and the actual sport on work site shall be entirely borne by the Contractor. No claims
on his account shall be entertained.
11) The Contractor shall furnish the account of cement, steel, asphalt brought by himat
each time before placing orders for further supply. Also the same should submit on
completion of the work, final account of the materials used by him to the NMC. This
account will be scrutinized by the Engineer-in-charge.
12) All empty cement bags or empty asphalt drums shall be the property of Contractor and
the same shall be removed immediately after completion of work.
13) The Contractor shall procure the pipes if required for this work from M.S.S.I.D.C.
only. Proof of purchasing of pipe should be submitted.
14) Purchases of Bitumen shall be from Government Refineries only.

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QUALIFICATION FORMS

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FORM –1
LIST OF MACHINERY AVAILABLE WITH TENDERER WHICH WILL BE USED ON THIS WORK
NAME OF TENDERER :- in clause (i) of the annexed conditions of the contract. The amount of earnest may be adjusted towards the security deposit or
refunded to me / us

NAME OF WORK;-: Construction Of Rainwater Harvesting System (Recharge Shaft For Roof Top ) At. Sane Guruji School In Gandhibagh Zone
No.6

Whether
Present location
machinery is
Kind with name & address
Sr. No. of Age of Present hypothecated to
Name of Equipment of Capacity of organization Remarks
No. Units machinery Conditions any division /
Make where machinery
Bank or other
under use at present
institution etc.
1 2 3 4 5 6 7 8 9 10

Notes :- The above machineries are readily available with me / us for use on this work
Contractors : __

Name :-

Address :-

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FORM – 2
LISTOFTECHNICALPERSONNELOFTHETENDERERLIKELYTOBEAPPOINTEDONTHISWORK
NAME OF TENDERER :-

NAME OF WORK;-: - Construction Of Rainwater Harvesting System (Recharge Shaft For Roof Top ) At. Sane Guruji School In Gandhibagh Zone
No.6

Sr. Designation Name Qualification Professional Experience of Remarks


No. work carried out
1 2 3 4 5 6

Contractors :

Name :-

Address :-

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FORM-3
DETAILS OF WORKS TENDERED FOR IN HAND AS ON THE DATE OF SUBMISSION OF THE THIS TENDER
NAME OF TENDERER :-
NAME OF WORK;-: - Construction Of Rainwater Harvesting System (Recharge Shaft For Roof Top ) At. Sane Guruji School In Gandhibagh Zone
No.6

Sr. Name of Name & address Place and Works in hand Works tendered for Remarks
No. Work of organization country Tendered Cost of Anticipated Estimated Date when Stipulated
for whom the cost remaining date of cost Decision date or
work was done work completion is period of
expected completion
1 2 3 4 5 6 7 8 9 10 11

Contractors :

Name :-

Address :-

Certificates from Heads of officers under whom the work are in progress should be enclose.

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ANNEXURE‟

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N AGPURMUNICIP ALCORPORATI ON

Office of Executive Engineer (WW)


Civil Lines, Nmc, Nagpur

Name of: - Construction Of Rainwater Harvesting System (Recharge Shaft For Roof
Top ) At. Sane Guruji School In Gandhibagh Zone No.6

ANNEXTURE OF MATERIAL TESTING FOR THIS WORK

ANNEXTURE 1
Sr. Materials Test Quantity No. of Rate Amount
No. per
test
Test

Compressive strengths, Water


1
absorption (Set of 8 blocks) 1 2 2495.00 4990.00

Water absorption, specific gravity,


2
impact value, crushing value 1 1 2600.00 2600.00

Compressive strengths of C.C. Cubes


3
(Set of 3) 1 2 690.00 1380.00

Flexural strength of Beam


4
1 1 745.00 745.00

Total Testing Charge 9715.00

Note:-

1. The Number of Test mentioned above are indicative which may vary at the time of actual execution.

2. The Payment against third party quality testing will be as per the rates mentioned in schedule of testing
charges forconstruction material used for Government works for the year 2024-2025 By Vigilance and
Quality Control Circle , Government Of Maharashtra.

3. The Test Which Are Not covered in the above table and schedule of Testing Charges By Vigilance and Quality
Control Circle, Government Of Maharashtra and if desired by the Engineer In-charge to carry out this tests and
payment of which willbe reimbursed as per actual on production of payment voucher.

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Annexure-II

Contractor Photo(Format of Self declaration to be given on Plain paper.)

I
(Name of Contractor/ person,) Aged about years, residing at

(Postal Address) do
hereby declarethat I am the proprietor/Partner of (Name of company/firm) Registered
at .

I do hereby declare that, the documents submitted in envelope No.1 of the tender
document for the
work of
true correct and complete are

In case, the contents of envelope No. 1 and other documents pertaining to the tender
submitted by me are found to be incorrect or false, I shall be liable for action under the relevant
provision of Indian Penal Code and other relevant laws.

Signature of Contractor

Applicant/ Name

Address
Place :-
Date :-

E-mail

Mobile No
Website

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Annexure-III
Format for Declaration of Authorized Signatory on plain paper regarding Work allotted, completed
/Incomplete works from Start of Registration
I do hereby declare that, the following information work of allotted through Lottery and Through on
line Contract under Unemployed Engineer Category Tender is true correct and complete.

Executed
Name of Name of Tendered Balance Status
Sr No Cost upto
Division Work Cost Cost of Work
this Tender

Total

In case, the contents submitted above is found to be incorrect, incomplete or false, I shall be
liable for action under the relevant provision of Indian Penal Code and other relevant laws.

Signature of Contractor

Applicant/ Name

Address

Place :-
Date :-

E-mail
Mobile No
Website

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Annexure-IV
FINANCIAL RULE – FORM 2 A
(See Rule 51-4)
GUARANTEE BOND FOR SECURITY DEPOSIT.

In consideration of the Commissioner of Nagpur Municipal Corporation Nagpur (herewith


referred to as „THE NAGPUR MUNICIPAL CORPORATION‟) having agreed to exempt (herewith
referred to as „THE CONTRACT‟) form depositing with the NAGPUR MUNICIPAL
CORPORATION in cash, the sum of Rs. (Rs. only) being the
amount of security deposit payable by the contract to the NAGPUR MUNICIPAL CORPORATION
under terms and conditions of the agreement on dated the day of and made
between the NAGPUR MUNICIPAL CORPORATION on the one part and the Contractor on the other
part (hereinafter referred to as the “the observance and performance by the NAGPUR MUNICIPAL
CORPORATION a Guarantee in the prescribed from a scheduled Bank in India being in fact these
present in the like sum of Rs (Rs.
).
We Bank / Limited registered in India under
Act and having one or our local head office at
do hereby–

1. Guarantee of the NAGPUR MUNICIPAL CORPORATION–


a) Due performance and observance by the Contractor of the terms, covenants and
conditions on the part of the Contractor contained in the said agreement and

b) Due and punctual payment by the Contractor to the NAGPUR MUNICIPAL


CORPORATION of all sums of money losses, damage, costs, charges, penalties and
expenses payable to the NAGPUR MUNICIPAL CORPORATION by the Contractor under
or in respect of the said agreement.
2. Under to pay to the NAGPUR MUNICIPAL CORPORATION on demanded and without demure and
notwithstanding any court or tribunal relating thereto the said sum of Rs.
(Rs. only) or such less
sum may be demanded by the NAGPUR MUNICIPAL CORPORATION from us our liability
hereunder being absolute and unequivocal and agree that–
(A) The guarantee herein contained shall remain in full force and effect during the subsistence
of the said agreement and that same will continue to be enforceable till and all the dues of
the NAGPUR MUNICIPAL CORPORATION under or by virtue of the said agreement have been
duly paid and its claims satisfied or discharged and till the NAGPUR MUNICIPAL
CORPORATION certifies that the terms and conditions of the said agreement have been

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fully property carried out by Contractor.


(B) We shall not be discharged or released from the liability under this NAGPUR MUNICIPAL
CORPORATION by reasons of

(i) Any change in the constitution of the Bank or the Contractor or,

(ii) Any arrangement entered into between the NAGPUR MUNICIPAL CORPORATION and
the Contractor with or without our consent.
(iii) Any forbearance or including shown to the Contractor.
(iv) Any variation in the terms covenants or conditions contained in the said agreement.
(v) Any time given to the Contractor or–

(C) Our liabilities hereunder shall be joint and several with that of the contract as if we werethe
principal debtors in respect of the said sum of Rs.
(Rs. only.

(D) We shall not revoke this guarantee during its currency except with the previous consent in
writing of the NAGPUR MUNICIPAL CORPORATION IN WITHNEES WHERE OF The
Common Seal of has been here into affixed this day of The common seal of
was pursuant to the resolution to of the Board of Directors of the company dated the day
of herein affixed in the presence of who in token have here to set their respective
hands in the presence of–

(1)

(2)

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ANNEXURE – V
QUALITY CONTROL TESTS & THEIR FREQUENCIES

Sr.No. Material Test Frequency of Remarks


Testing

1 Sand i) Fineness Modules At the beginning & if


there is change in
source

2 Metal i) Crushing Value One test per 200 Cum P.W.D. hand book
or part hereof I.S.2386 Part –IV
ii) Impact Value

iii) Abrasion Value

iv) Water Absorption

v) Flakiness Index

vi) Stripping value

vii) Gradation

3 Cement Compressive Strength Upto 5 Cum – 1 set M.O.R.T.& H.


Concrete Specification. 1716
6-15 – 2 sets
(Rigid (Fourth revision 01)
Pavement) 16-30 – 3 sets

31-50 – 4 sets

51 & Above – 4 sets +


1 additional 50 Cum
or part thereof

4 Cement i) Compressive Strength One test for each I.S. 8112 – 1989
consignment of 50
ii) Initial Setting Time
MT (1000 bags) or
iii) Final Setting Time part thereof.

iv) Specific Gravity

v) Soundness

vi) Fineness

5 Steel i) Weight per meter One test for every 5.0 I.S. 432

ii) Ultimate Tensile Stress M.T. or part thereof IS 1786-1985


for each diameter.
iii) Yield Stress

iv) Elongation

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Sr.No. Material Test Frequency of Remarks


Testing

6 Granular i) Gradation One test per 200 cum MORT&H


Sub- Base specification Table
ii) Atterberg limits One test per 200 cum
900-3 (Fourth
iii) Moisture content prior to One test per 250 cum
compaction Revision 2001)

iv) Density and compacted One test per 500 sq.m.


layer

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Annexure VI

TESTINGSTATEMENT

Contractors:-
Name :-

Test actual taken


Qty as Required at
Specified Total Deficiency
Sr Items per test as per Remarks
frequency Site test in testing
No execution frequency Laboratory
office
1 2 3 4 5 6 7 8 9 10

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DECLARATION

I/ we hereby declare that I/we have made myself/ourselves thoroughly


conversant with the local conditions regarding all materials such as stones,murum,
sand etc. and labor on which I/we have based my /our rates for this Work. The
specification, lead & lift for this work have been carefully studied and understood by
me before submitting the tender. I/we undertake to use only the best material
approved by the Engineer- in- charge or his duly representative before starting the
work and to abide by his decision.
I/We shall maintain /rectify the entire work as per as per standard
specification of P.W.D (Red Book ) and M.O.R T and .H specification as soon as
damage occurs up to the expiry defect liability period without putting forth any
reasons.

I hereby undertake to pay the laborers engaged on the work as per Maharashtra
Contract Labor (Regulation and Abolition rule 1971) or at the rate revised by the
Competent Authority time to time applicable to the zone concerned.

CONTRACTOR’S SIGNATURE.

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APPENDIX -I

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(2) English

Affidavit ( on Rs.500/- Stamp Paper)

I .................................................... age ...................................... address

........................................ (Authorized signatory to sign the contract), hereby submit, vide this

affidavit in truth, that I am the owner of the contracting firm ....................................... /

authorized signatory and I am submitting the documents in envelope no.1 for the purpose of

scrutiny of the contract. I hereby agree to the conditions mentioned below :-

1. I am liable for action under Indian Penal Code for submission of any false

/ fraudulent paper / information submitted in envelope no.1.

2. I am liable for action under Indian Penal Code if during contract period

and defect liability period, any false information, false bill of purchases

supporting proof of purchase, proof of testing submitted by my staff,

subletting company or by myself, I will be liable for action under Indian

Penal Code.

3. I am liable for action under Indian Penal Code if any paper are found false

/ fraudulent during contract period and even after the completionof

contract ( finalization of final bill ).

(Signature of contractor)
(seal of company)

Contractor No. of Correction Executive Engineer


84

Contractor No. of Correction Executive Engineer


85

NAME OFWORK;-: - Construction Of Rainwater Harvesting System (Recharge Shaft For Roof
Top ) At. Sane Guruji School In Gandhibagh Zone No.6

Schedule ‘A’
Material to be brought by contractor

Sr. Name of Material Approximate unit


No. Quantity to be
stipulated

1 2 3 4 5

1
1) All the materials are to be
procured and brought by the
contractor at the site at his own
risk and cost.

2) Physical properties shall be


confirmed with M.O.S.T./I.S./
As per As per I.R.C specification.

schedule “B” schedule “B” 3) Stipulated test shall be carried


out by the contractor at his own
cost as per the frequency.

4) Custody of material shall be sole


responsibility of the contractor.

5) The proof of purchase of all


materials should be produced
during the execution of work and
along with bill.

6) The grade of cement shall be got


approved from the Engineer –
in- Charge.

Contractor No. of Corrections Executive Engineer


86

SCHEDULE 'B'
OFFICE OF Executive Engineer (WW) NMC, NAGPUR

NAME OF WORK: Construction Of Rainwater Harvesting System (Recharge Shaft For Roof Top ) At.
Sane Guruji School In Gandhibagh Zone No.6

1. Item vise description, Quantity, Rate and Amount as per BOQ


2. General terms and condition as per Notice Inviting Tender and Tender Documents.

Contractor No. of Corrections Executive Engineer


87

SCHEDULED – C
TECHNICAL SPECIFICATION
NAME OF WORK: Construction of Rain water Harvesting system (Recharge Shaft for Roof Top) in Zone No.
01 to 10 in NMC Nagpur
Specification(Cod Remark
ITEM Item Description Unit
e no) s
Excavation for foundation in Soft rock and old
cement or lime masonry foundations including
removing the excavated material upto a distance of
50 metres beyond the building area and stacking MJP CSR 2023-24
as directed, including dewatering, preparing the Section E Sr. No. 6
1 bed for the foundation and necessary back filling Page No. 37 Cum
with available earth /murum, ramming, watering
including shoring and strutting etc. complete By
Mechanical Means (Spec. No. : Bd.A. 4/Page No.
259 /CSR Page No 149

Excavation for foundation in hard murum


including removing the excavated material upto
distance of 50 metres beyond the building area MJP CSR 2023-24
and stacking and spreading as directed, Section E Sr. No. 2
2 dewatering, preparing the bed for the foundation Page No. 37 Cum
and necessary back filling, ramming, watering
including shoring and strutting etc. complete. By
Mechanical Means (Spec. No. : Bd.A. 2 Page
259/CSR I Page No. 148
Providing and filling in sand boxing in pipeline or MJP CSR 2023-24
for foundation with sand of approved quality
Section "E" Sr. No.
3 including watering and compaction, etc. Cum
complete.(Bd-A-13/264). 19 Page No. 41

Providing, lowering, laying and placing in position,


shrouding material for porous pipe gallery /
MJP CSR 2023-24
slotted pipe gallery / trench gallery with all leads
Section "M" Sr. No.
and lifts involved including transportation of
4 10 Page No. 292 Cum
materials to site of works,screening and washing
of materials and placing in position with given
section, etc. complete as directed by Engineer-
in-charge.
MJP CSR 2023-24
Section "A" Sr. No.
5 Rapid sand Gravity filter Gravel At Source Cum
40 Page No. 13

MJP CSR 2023-24


Providing and Supplying Charcoal with all labor
6 Section A Sr. No. 12 Kg
charges etc complete
Providing and laying in situ /Ready Mix cement MJP CSR 2023-24
7 concrete M-20 of trap / granite /quartzite/ gneiss Section G.Sr. No. 2 Cum
metal for R.C.C. work in foundations like raft, strip Page No. 42
Contractor No. of Corrections Executive Engineer
88

foundations, grillage and footings of R.C.C. columns


and steel stanchions etc. including bailing out
water, Steel centering formwork, laying/pumping
cover blocks, compaction and curing roughening
the surface if special finish is to be provided
(Excluding reinforcement and structural steel) etc.
complete, with fully automatic micro processor
based PLC with SCADA enabled reversible Drum
Type mixer/ concrete Batch mix plant (Pan mixer)
etc. complete. With fine aggregate (Crushed sand
VSI Grade)
Providing and fixing in position TMT - FE - 500 bar
reinforcement of various diameters for R.C.C. pile NMC/PWD CSR
caps, footings, foundations, slabs, beams columns,
2022-23 Spec No.
canopies, staircase, newels, chajjas, lintels pardis,
8 26.33 BDF-17 Sr. MT
copings, fins, arches etc. as per detailed designs,
drawings and schedules. including cutting, No. 427
bending, hooking the bars, binding with wires or
tack welding and supporting as required complete.
State PWD CSR
Providing & Fixing in position, Under Deck in 2022-23 Spec No.
9 sulation for metal deck using1000 Gsmsynthetic 51.17 Sr. No. 1854 Sqm
wool with fixed to deck using adhesive and chicken
mesh.
Drilling of 150 mm dia. Borewell perfectly vertical
in all types of strata including Hard Rock, over
Ref Borewell Rate
10 burden below Ground level from surface including
List 2024-25 Rmt
transportation of machinery & equipment etc.
complete as directed.

Providing and supplying casing pipes of M.S.


Ref Borewell Rate
11 150mm shell (requisite thickness) etc.. completed. Rmt
List 2024-25.
Laying, fixing and jointing with welding casing Ref Borewell Rate
12 pipes of M.S. 150mm shell (requisite thickness) List 2024-25 Rmt
etc.. completed.

Contractor No. of Corrections Executive Engineer


89

SCHEDULED – D

DRAWINGS

Contractor No. of Corrections Executive Engineer


90

Contractor No. of Corrections Executive Engineer

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