The Work of shifting the drainage line and Machine hole in front of Real Kathiyawadi Hotel at the new flyover bridge project at Sardar Estate Junction on the 40.0 meter ring road.(4th attempt)

8 Section -7 Bill of Quantities III

9 Section -8 Securities and Other Forms

10 Section -9 Drawings IV

11 Section -10 Documents to be furnished by Bidder V

INVITATION FOR BID

NATIONAL COMPETITIVE BIDDING

1. The Vadodara Municipal Corporation invites bids for the construction of works detailed in the table. The

bidders may submit bids for any or all of the following works.

Package Name of work Approxi Bid Cost of Period of Class of

No. mate securi document completi Registration /

value of ty on Category of

works (Rs.) contractor if

The Work of shiing the 57,42,712 /- 1,14,854/ 6,000 /- 3 Months The Contractors

drainage line and Machine - (Excluding must have

hole in front of Real monsoon) registration in

appropriate class

Kathiyawadi Hotel at the new

either with VMC,

flyover bridge project at Central/State/P

Sardar Estate Juncon on the WD/M.E.S./Semi

40.0 meter ring road.(4th Government or

atempt) other such

institutions for

Note: The bidder who fills the tender on N-procure must have valid appropriate class registration. He must

have apply for the registration in VMC after issue of work order.

(B) SCHEDULE OF TENDERING: -

Sr. Schedule Time Date Place

1. Downloading of Tender - 05/06/2026 The tender document for these works

Documents available on website

https://tender.nprocure.com.

2A Submission of Tender Up to 18:00 16/06/2026 Volume-I – Volume V shall be submitted

documents (Volume-I on n-Procure Website.

,II,III,IV & V) on n-

procure Website

2B Submission of Tender Up to 18:00 17/06/2026 Volume-I to V - Technical and

Document and Prequalification Bid in hard copy

Prequalification Bid in (Including Tender Fees, EMD) in separate

Hard Copy of Volume-I sealed Envelope –A through

only, EMD, and Tender RPAD/SPEED Post Only & Hand delivery

Fees (in original) and will not be accepted. Addressed to

attested copies of all P.Q. Executive Engineer, Drainage Project,

Documents. Room No. 204, second floor, Vadodara

Municipal Corporation, Khanderao Market

Building, Rajmahal Road, Vadodara -

3. Pre- Bid Meeting 11:00 hrs. - Executive Engineer, Drainage Project,

Room No. 204, second floor, Vadodara

Municipal Corporation, Khanderao Market

Building, Rajmahal Road, Vadodara -

4. Opening of Technical Bid 18:10 hrs. 17/06/2026 In the office of Executive Engineer,

onwards Drainage Project Dept. Vadodara

Municipal Corporation, Khanderao Market

Building, Rajmahal Road,

5. Opening of Price-Bid - - The price-bid will be opened after scrutiny

of pre-qualification.

Contacting Office:

The Executive Engineer,

Drainage Project,

Room No. 204, second floor

Vadodara Municipal Corporation,

Khanderao Market Building,

Rajmahal Road, Vadodara-390

2. Prospective / Interested bidder may download the Bid Documents from website https://tender.nprocure.com

free of cost till the Time and Date as mentioned on online NIT at website https://tender.nprocure.com.

3. However, Bidder who is submitting the Bid Online will have to pay the Bid Document Fee / Tender Fee

through Demand Draft only of RBI Approved Bank payable at Vadodara and in favour of ‘Municipal

commissioner, Vadodara’’. Once the Bid is received, Bid Document / Tender Fee will not be refundable.

The Demand Draft for Bid Document / Tender fee and Bank Guarantee against Bid Security / EMD shall be

submitted in electronic format through online (by scanning) while uploading the bid, this submission shall

mean that bid document / tender fee and Bid Security / EMD has been received. Accordingly, the offer of only

those shall be opened whose Bid Document / Tender Fee and Bid Security / EMD have been received

electronically. However, for the purpose of realization of Demand Draft / Bank Guarantee bidder, shall send

the same in original through R.P.A.D/Speed Post so as to reach to Municipal commissioner, Vadodara’ as per

Penaltative action for not submitting Demand Draft / Bank Guarantee in original to Executive Engineer /

Tender Inviting Authority by bidder shall be initiated and He will be put in abeyance from filling tenders for

next 6 months in VMC.

4. Bids received online, will be opened on the time, date and place as specified in the online NIT at website

https://tender.nprocure.com in the presence of the bidders or their authorized representatives, who wish to

remain present.

If the office happens to be closed on the last day of submission in Hard copies of the bids as specified, the

Hard copies of the bids will be accepted on the next working day at the same time and venue.

5. A pre bid meeting will be held on at the office of Executive Engineer, Drainage Project Dept. Room No.

204, second floor, Vadodara Municipal Corporation, Khanderao Market Building, Rajmahal Road, Vadodara-

390 001 to clarify the issues and to answer questions on any matter that may be raised at that stage as stated in

clause 9.2 of ‘instructions to Bidders’ of the bidding documents.

6. Bid Security (EMD) is equal to 2% of Estimated Amount put to bid / tender. Bid security for the work costing

up to Rs. 1 crore shall be deposited in form of DD (demand draft) and for works costing above Rs. 1 crore

bank guarantee shall be accepted. (DD/Bank Guarantee shall be from banks as listed in D.M.O. date

11/03/2024 circular attached herewith. or as per their latest amendment. (as per list attached here with as per

7. Other Information is as under:

a) Agencies can prepare and edit their offers a number of times before the end of the tender submission date

and time. After the tender submission date and time, the bidder cannot modify / edit / withdraw their

submitted offer in any case. No written or online request in this regard shall be granted.

b) Offers in physical form will not be accepted in any case.

c) Demand Draft purchased by the other then bidder and also issued after the last date of submission of

Bids, will not be considered or accepted.

d) The cost incurred by the contractor for this offer for clarification or attending discussion, conferences or

site visits will not be reimbursed by the Employer or Engineer-in-Charge.

e) Conditional tender shall not be accepted.

f) Any changes, addition, alternation made in the prescribed form attached with tender are liable to be

g) Any change in format or conditional Bank Guarantee will not be accepted and the bidder will be

considered non-responsive.

h) All the bidders are instructed to fill in information strictly in accordance with the format given in the

checklist /qualification document / tender document.

i) It is mandatory for the bidders to supply each and every information as asked strictly in electronic format

at appropriate places only.

j) Blank / insufficient information shall be treated as nil information and shall result in disqualification.

k) Even if the bidder has been qualified in a similar or larger size of project in the past, it shall not be

deemed to be a ground / reason for not giving required information for this work / bid.

l) Information supplied for earlier projects shall not be considered while evaluation of this bid. The

Government will not ask for any other information, unless it is found absolutely necessary by the

competent authority.

m) If found necessary, the contractor will be intimated for negotiation,

n) Time allowed for completion: As per the Notice Inviting Tender. From the date of written order to

commence: This shall exclude monsoon period from 1st June to 30th Sep and festival on Holi (15 Days)

& Diwali (15 Days). It will be applicable only if it is found reasonable by the department. These days

shall be considered as non-working days.

Following documents shall be submitted in electronic format only through online by scanning and the (i) Bid

Document Fee / Tender Fee (ii) Bid Security / EMD should be sent in original to the Tender opening

authority through RPAD/Speed Post, so as to reach the Executive Engineer as per tender notice.

i) Bid Document Fee / Tender Fee

ii) Bid Security

iii) Registration certificate of appropriate class either with VMC, Central, State, PWD, MES, Govt. Semi

Govt. or such other institutions. After issue of work order; Contractor have to apply for registration in

VMC within 30 days.

v) Work Experience, if necessary…

vi) Other Documents, as required…

INSTRUCTIONS TO BIDDERS

Section 1: Instructions to Bidders

Table of Clauses

Page No. Page No.

A. D. Submission of Bids

1. Scope of Bid 9 19. Sealing & Marking of Bids

2. Source of Funds 9 20. Deadline for Submission of

3. Eligible Bidders 9 21. Late Bids

4. Qualification of the 9 22. Modification and

Bidder Withdrawal of Bids

5. One Bid per Bidder

6. Cost of Bidding 13 E. Bid Opening and Evaluation

7. Site Visit 13 23. Bid Opening

B. Bidding Documents 25. Clarification of Financial

8. Content of Bidding 14 26. Examination of Bids and

Documents Determination of

9. Clarification of Bidding 14 27. Correction of Errors

10. Amendment of Bidding 15 28. Deleted

29. Evaluation and Comparison

of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

12. Documents Comprising 16 F. Award of Contract

13. Bid Prices 16 31. Award Criteria

14. Currencies of Bid and Payment 17 32. Employer’s Right to Accept

any Bid and to Reject any or all

15. Bid Validity 17 33. Notification of Award and

Signing of Agreement

16. Bid Security 17 34. Performance Security

17. Alternative Proposals by Bidders 18 35. Advance Payment and

18. Format and Signing of Bid 18 36. Dispute Review Expert

37. Correct or Fraudulent

1. Scope of Bid

1.1 The Employer (Named in Appendix to ITB) invites bids for the Construction of works (as defined in these

documents and referred to as ‘the works”) detailed in the table given in IFB. The bidders may submit bids for

any or all of the works detailed in the table given in IFB.

1.2 The successful bidder will be expected to complete the works by the intended completion date specified in

the Contract data.

1.3 Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their derivatives (bidder/ tenderer, bid

/ tender, bidding/ tendering, etc.) are synonymous.

2. Source of Funds

2.1 The expenditure on this project will be met from the budget of VMC /Govt. of Gujarat / Govt. of India for

centrally sponsored projects.

3. Eligible Bidders

3.1 This Invitation for Bids is open to all eligible bidders.

3.2 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a statement that the

Bidder is neither associated, nor has been associated, directly or indirectly, with the consultant or any other

entity that has prepared the design, specifications, and other documents for the Project or being proposed as

Project Manager for the Contract. A firm that has been engaged by the Employer to provide consulting

services for the preparation or supervision of the works, and any of its affiliates, shall not be eligible to bid.

4. Qualification of the Bidder

4.1 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a preliminary description

of the proposed work method and schedule, including drawings and charts, as necessary. The proposed

methodology should include a program of construction backed with equipment planning and deployment duly

supported with broad calculations and quality assurance procedures proposed to be adopted justifying their

capability of execution and completion of work as per technical specifications, within stipulated period of

4.5 QUALIFICATION CRITERIA:

(Applicable for the works which require Post Qualification)

4.5.1 Qualification will be based on meeting all the following minimum pass/fail criteria regarding the bidder’s

general and particular experience, personnel and equipment capabilities, and financial position, as demonstrated

by the bidder’s responses in the forms attached. The bidder should be registered in VMC & required class for

State and Central Government, semi government and other Corporations / Boards or such other instuons. Sub-

contractor’s experience and resources shall not be taken into account in determining the bidder’s compliance with

the qualifying criteria.

Eligible Applicants:

The tenders for this contract will be considered only from those bidders (proprietorship firms, partnerships firms,

companies, corporations) who meet requisite qualification criteria prescribed as under. Joint Ventures Shall not be

TECHNICAL CAPABILITIES

PARTICULAR EXPERIENCE

Experience of having successfully completed similar works during last 7 years ending last day of month previous to

the one in which applications are invited should be either of the following: - (Cost shall be derived at current year

price level as per appendix)

A. Three similar completed works costing not less than the amount equal to 40% of the estimated cost.

B. Two similar completed works costing not less than the amount equal to 50% of the estimated cost.

C. One similar completed work costing not less than the amount equal to 80% of the estimated cost.

Note: Definition of “similar work” means any kind of sewerage work completed (Excluding Storm

Water) in any city in India in the Govt./Semi Govt. during last 7 years. Ending last day of month

previous to the one in which tenders are invited.

In addition to this The Bidder Must have experience in execution and completion of sewerage line by

Sinking-Pushing Method / Micro tunneling Method in Min 5 Rmt length in any of Maximum Three

works Physically completed and project certificate shall be submitted having signature of Executive

Engineer or Equivalent.

Only J.V. Partner’s experience shall be considered. He should have acquired the experience of execution

or Major items of works. In case of J.V. experience weight towards experience of the project would be

given to each J.V. partner in proportion to their J.V. percentage. Necessary supporting documents to be

submitted along with tender. Sub contractor’s experience shall not be considered.

In addition to the above, the criteria regarding satisfactory performance of works, personnel,

establishment, plant, equipment etc. may be incorporated according to the requirement of the project.

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

Following enhancement factors will be used for the costs of works executed and the financial figure to a

common base value for works completed in India.

Last One (25-26)

Last Two (24-25)

Last Three (23-24)

Last Fourth (22-23)

Last Fifth (21-22)

Last Six (20-21)

Last Seven (19-20)

Applicant should indicate actual figures of costs and amount for the works executed by them without

accounting for the above-mentioned factors.

In case the financial figures and value of completed works are in foreign currency the above enhanced

multiplying factors will not be applied. Instead, the current market exchange rate (State Bank of India BC

Selling rate as on the last date of submission of the bid) will be applied for the purpose of conversion of the

amount in foreign currency into India rupees.

4.5.3 General Experience.

The Applicant shall meet with the following minimum criteria:

Average Annual financial turnover during the last 3 years, ending 31st March of the previous financial

year, should be at least 30% of the estimated cost.

Substantially completed works means those works which are at least 90 % completed as on the date of

submission (i.e. gross value of work done up to the last date of submission is 90 % or more of the original

contract price) and continuing satisfactorily. Project certificate shall be submitted having signature of

Executive Engineer or Equivalent.

For these, a certificate from the employers (3A Signed by not below the rank of Executive Engineer or

Equivalent) shall be submitted along with the application incorporating clearly the name of the work,

contract value, billing amount, date of commencement of works, satisfactory performance of the

contractor and any other relevant information.

4.5.4 Personnel Capabilities.

Availability for his work of personnel with adequate experience as required; as per Appendix.

4.5.5 Equipment Capabilities

Based on the studies carried out by the Engineer, the minimum suggested major equipment to attain the

completion of works in accordance with the prescribed construction schedule are shown in the Appendix.

The bidders should, however, undertake their own studies and furnish with their bid, a detailed construction

planning and methodology supported with layout and necessary drawings and calculations to allow the

employer to review their proposals. The numbers, types and capacities of each plant/equipment shall be

shown in the proposals along with the cycle time for each operation for the given production capacity to

match the requirements.

4.5.6 Financial Position

The Applicant should give undertaking that he has access to, or has available, liquid assets (aggregate of

working capital, cash in hand and uncommitted bank guarantees) and / or credit facilities amounting to Rs

17,22,814/- (Without GST).

Note: Also Bank Credit facilities Certificate of the Same Amount from the Bank Shall be Submitted for this

4.5.7 The audited balance sheets for the last five years should be submitted, which must demonstrate the

soundness of the applicant’s financial position, showing long – term profitability including an estimated

financial projection for the next three years, if necessary, the employer will make inquiries with the

applicant’s bankers.

4.5.8 Litigation History

The Applicant should provide accurate information on any litigation or arbitration resulting from contracts

completed or under execution by him over the last five years.

The tender document of any bidder who has been blacklisted by any government / semi-government body

will be outrightly rejected.

4.5.9 Disqualification

Even though the applicants meet the above criteria, they are subject to be disqualified if they have:

Made misleading or false representation in the forms, statements submitted, and / or Record of poor

performance such as abandoning the work, rescinding of contract for which the reasons are attributable to

the non – performance of the contractor; consistent history of litigation awarded against the applicant or

financial failure due to bankruptcy.

4.7 Bid Capacity

Applicants who meet the minimum qualification criteria will be qualified only if their available bid capacity at

the expected time of bidding is more than the total estimated cost of the works. The available bid capacity will

be calculated as under:

Assessed Available Bid Capacity = (A*N*2‐B), where

A = Maximum value of work executed in any one year during the last five years (updated to the price level of

the year indicated in appendix) taking into account the completed as well as works in Progress.

B = Value at current price level of the existing commitments and ongoing works to be completed during the

next (period of completion of work for which bids are invited); and

N = Number of years prescribed for completion of the works for which the bids are invited.

Bid capacity will be more applicable for works costing more than 1 crore.

4.8 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have:

• Made misleading or false representation in the forms, statements and Attachments the submitted in proof

the qualification requirements; and / or

• Record of poor performance such as abandoning the works, not properly completing the contract,

inordinate delay in completion, litigation history, or financial failures etc.; and/ or

• Participated in the previous bidding for the same work and had quoted unreasonably high bid prices and

could not furnish rational justification to the employer.

5. One bid per bidder

5.1 Each bidder shall submit only one bid for one package. A bidder who submits or participates in more than one

bid (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all

the proposals with the bidder’s participation to be disqualified.

6. Cost of Bidding

6.1 The bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer

will in no case be responsible and liable for those costs.

7.1 The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine the Site of work

and its surrounding and obtain all information that may be necessary for preparing the Bid and entering into a

contract for construction of the Works.

The costs of visiting the site shall be at the Bidder’s own expense.

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed below and addenda issued in accordance

with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

8.2 Volumes I, II, III and IV are available online and documents to be furnished by the bidder in compliance

to section 2 will be prepared by him and furnished as Volume- V in two parts (refer clause 12).

8.3 The bidder is expected to examine carefully all instructions, conditions of contract, contract data, forms,

terms, technical specifications, bill of quantities, forms, Annexes and drawings in the Bid Document.

Failure to comply with the requirements of Bid Documents shall be at the bidder’s own risk. Pursuant to

clause 26 hereof, bids which are not substantially responsive to the requirements of the Bid Documents

shall be rejected.

9.0 Clarification Bidding Documents

9.1 A prospective bidder requiring any clarification of the bidding documents may notify the Employer in

writing or through E-mail at the Employer’s address indicated in the invitation to bid. The Employer will

respond to any request for clarification which he received earlier than 15 days prior to the deadline for

submission of bids. Employer’s response will be published on website including a description of the

enquiry but without identifying its source.

9.2 Pre‐bid meeting

9.2.1 The bidder or his official representative is invited to attend a pre-bid meeting which will take place

at the address, venue, time and date as indicated in the appendix.

9.2.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may

be raised at that stage.

9.2.3 The bidder shall be required to submit any questions in writing or e-mail to reach the Employer not

later than 03 days before the meeting.

9.2.4 Minutes of the meeting, including the question raised (Without identifying the source of enquiry)

and the responses given will be published without delay on the tender website i.e.

tender.nprocure.com. Any modification of the bidding documents listed in sub-Clause 8.1 which

may become necessary as a result of the pre-bid meeting shall be made by the Employer

exclusively through the issue of an Addendum pursuant to Clause 10 and not through the minutes

of the pre-bid meeting.

9.2.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder.

10.0 Amendment of Bidding Documents

10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by

issuing addenda.

10.2 Any addendum thus issued shall be part of the bidding documents. The Employer will assume no

responsibility for the same.

10.3 To give prospective bidders reasonable time in which to take an addendum into account in

preparing their bids, the Employer may, at his discretion, extend as necessary the deadline for

submission of bids, in accordance with Sub-Clause 20.2 below.

C. PREPARATION OF BIDS

11.0 Language of the Bid

11.1 All documents relating to the bid shall be in the English language.

12.0 Documents Comprising the Bid

12.1.1 The bid be submitted by the bidder as Volume V of the bid document (refer Clause 8.1) shall be

in two separate parts:

Part I shall be named “Technical Bid” and shall comprise

i) Bid Security in the form specified in Section

ii) Qualification Information and supporting documents as specified in Section

iii) Certificates, undertakings, affidavits as specified in Section

iv) Any other information pursuant to Clause 4.5 of these instructions

v) Undertaking that the bid shall remain valid for the period specified in Clause

Part I shall be named “Technical Bid” and shall comprise

i.) Form of Bid as specified in Section

ii.) Priced Bill of Quantities for items specified in Section

12.1.2 The Bidder shall submit the details / information pertaining to each part i.e. technical as well as

financial and must be submitted online only.

12.1.3 Following documents will be deemed to be part of the bid.

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

13.0 Bid Prices

13.1 The Contract shall be for the whole works as described in Sub-Clause 1.1, based on the priced Bill of

Quantities submitted by the Bidder.

13.2 The bidder shall fill in rates and prices and line-item total (both in figures and words) for all items of the

Works described in the Bill of Quantities along with total bid price 13.3 (Both in figures and words).

Items for which no rate or price is entered by the bidder will not be paid for by the Bill of Quantities.

13.3 All duties, taxes, and other levies except GST payable by the contractor under the contract, or for any

other cause shall be included in the rates, prices and total Bid Price submitted by the Bidder. (GST will

13.4 All bank guarantee / insurance policies etc., shall be deposited on amount of project cost including GST

(VMC changes shall be applicable).

13.5 The rates and prices quoted by the bidder are subject to adjustment during the performance of the

Contract in accordance with the provisions of Clause 47 of the Condition of Contract (Irrespective of the

time limit and Bid Amount)

14.0 Currencies of Bid and Payment

14.1 The unit rates and the prices quoted by the bidder shall be entirely in Indian Rupees. All payments

shall be made in Indian Rupees.

15.0 Bid Validity

15.1 Bids shall remain valid for a period of not less than 120 days after the deadline date forbid

submission specified in Clause

15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may request

that the bidders may extend the period of validity for a specified period. A bidder may refuse the

request without forfeiting his bid security. A bidder agreeing to the request will not be required or

permitted to modify his bid, but will be required to extend the validity of his security for a period of

the extension, and in compliance with Clause 16 in all respects.

16.0 Bid Security

16.1 Bid Security (EMD) is equal to 2% of Estimated Amount put to bid / tender and should be rounded

off to the next thousand rupees. Bid security for the work costing up to Rs. 1 crore shall be deposited

in form of DD (demand draft) and for works costing above Rs. 1 crore bank guarantee shall be

The bid must be accompanied by the bid security as specified and shown in Table SCHEDULE OF

TENDERING Sr. No. 2(B) above. The Bid Security shall be in one of the following forms:

Demand Draft payable to Municipal Commissioner, Vadodara issued by any nationalized bank/RBI

approved bank / Scheduled bank as per the list attached in tender only. OR

An unequivocal and unconditional Bank Guarantee in the prescribed format given in this document

issued by any Nationalized Bank/RBI approved bank / Scheduled bank as per the list attached in tender

only for a validity period of 45 days (ie.120+45 = 165 days) beyond the validity of the bid. (EMD)

Exemption Certificate will not be accepted)

16.2 Bank guarantees (and other instruments having fixed validity) issued as surety for the bid shall be

valid for 45 days beyond the validity of the bid i.e. total validity of 120+45 = 165 Days

16.3 Any bid not accompanied by an acceptable Bid Security and not secured as indicated in Sub-Clauses

16.1 and 16.2 above shall be rejected by the Employer as non-responsive.

16.4 The Bid Security of unsuccessful bidders except 2nd lowest, will be returned within 28 days of the

end of the bid validity period specified in Sub-Clause

Bid Security of 2nd lowest bidder shall be released after work order is given to 1st lowest.

16.5 The Bid Security of the successful bidder will be discharged when the bidder has signed the

Agreement and furnished the required Performance Security.

16.6 The bid Security may be forfeited

a) If the Bidder withdraws the bid after Bid opening during the period of Bid validity.

b) If the Bidder does not accept the correction of the Bid Price, if any or

c) In the case of a successful Bidders, if the Bidder fails the specified time limit to

i) Sign the Agreement; or

ii) Furnish the requirement Performance Security.

d) If found necessary, the bidder will be intimated for negotiation, He will be intimated maximum three

times within the validity period for negotiation, if contractor does not respond in time, his Bid

Security (EMD) will be forfeited and his tender will be rejected. Punitive action will be taken on such

contractors. (As per GoG R&B Dept’s Gr. No. S/22/2017/6369/D, Dt.08/06/2018)

17.0 Alternative Proposals by Bidders.

17.1 Bidders shall submit offers that fully comply with the requirements of the bidding documents, including

the conditions of contract (including mobilization advance or time for completion), basic technical design

as indicated in the drawing and specifications. Conditional offers or alternative offers will not be

considered further in the process of tender evaluation.

18. Format and Signing of Bid

18.1 The Bidder shall prepare documents comprising the bid as described in Clause 12 of these Instructions

to bidder as the “Technical Bid “and “Financial Bid” in separate parts to be uploaded.

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

20.1 Complete Bids must be received online by the Employer at the tender website specified above not later

than the date indicated in appendix.

20.2 The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with

Clause 10, in which case all right and obligation of the Employer and the bidders previously subject to the

original deadline will then be subject to the new deadline.

22. Modification and Withdrawal of Bids

22.1 Bidders may modify or withdraw their bids online before the deadline prescribed in Clause 20 or

pursuant to Clause

22.3 No bid shall be modified or withdrawn after the deadline for submission of Bid.

22.4 Withdrawal or modification of a bid between the deadline for submission of bids and the expiration of

the original period of bid validity specified in Clause 15.1 above or as extended pursuant to Clause

may result in the forfeiture of the Bid security pursuant to Clause

E BID OPENING AND EVALUTION

23. Bid Opening

23.1 The Employer will open all the Bids received including modifications made pursuant to Clause 22, in

the presence of the Bidders or their representatives who choose to attend at time, date and the place

specified in Appendix in the manner specified in Clauses 20 and 23.3, In the event of the specified date

of Bid opening being declared a holiday for the Employer, the Bids will be opened at the appointed

time and location on the next working day.

23.3 The “Technical Bid” shall be opened. The amount, form and validity of the bid security furnished with

each bid will be announced. If the bid security furnished does not conform to the amount and validity

period as specified in the invitation for bid (ref. Column 4 and paragraph 3), and has not been furnished

in the form specified in Clause 16, the technical bid will not be opened.

23.4 i) Subject to confirmation of the bid security by the issuing Bank, the bids accompanied with

valid bid security will be taken up for evaluation with respect to the Qualification

information and other information furnished in part I of the bid pursuant to Clause 12.1.

iii) If required, the bidder will be asked in writing to clarify his Qualification Documents with

respect to any required clarification.

iv) The bidders will respond in not more than 7 days of issue of the clarification letter.

v) Immediately (usually within 3 or 4 days), on receipt of these clarification the Evaluation

Committee will finalize the list of responsive bidders whose financial bids are eligible for

23.6 At the time of opening of “Financial Bid”, the names of the bidders were found responsive in

accordance with Clause 23.4(iv) will be announced. The bids of only these bidders will be opened. The

responsive Bidders’ names, the Bid prices, the total amount of each bid, any discount and such other

responsive Bidders’ names, the Bid prices, the total amount of each bid, any discount and such other

details as the Employer may consider appropriate, will be announced by the Employer at the opening.

23.7 the time of opening of “Financial Bid”, the names of the bidders were found responsive in accordance

with Clause 23.4(iv) will be announced. The bids of only these bidders will be opened. The responsive

Bidders’ names, the Bid prices, the total amount of each bid, any discount, and such other details as the

Bidders’ names, the Bid prices, the total amount of each bid, any discount, and such other details as the

Employer may consider appropriate, will be announced by the Employer at the opening.

23.8 In case bids are invited for more than one package, the order for opening of the “Financial Bid” shall

be in order of Estimated Amount of Bids from highest to lowest.

23.9 The Employer shall prepare minutes of the Bid opening, including the information disclosed to those

present in accordance with Sub-Clause 23.6.

24.1 Information relating to the examination, clarification, evaluation, and comparison of Bids and

recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not

officially concerned with such process until the award to the successful Bidder has been announced.

Any effort by Bidder to influence the Employer’s processing of Bids or award decisions may result in

the rejection of his Bid.

25. Clarification of Financial Bids

25.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his discretion,

ask any Bidder for clarification of his Bid, including breakdowns of unit rates. The request for

clarification and the response shall be in writing or by e- mail, but no change in the price or substances

of the Bid shall be sought, offered, or permitted except as required to confirm the correction of

arithmetic errors discovered by the Employer in the evaluation of the Bids.

25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to his Bid

opening to the contract is awarded. If the Bidder wishes to bring additional information to the notice of

the Employer, it should do so in writing.

25.3 Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid comparison or

contract award decision may result in the rejection of the Bidders’ bid.

26. Examinations of Bids and Determination of Responsiveness

26.1 During the detail evaluation of "Technical Bid", the Employer will determine whether each Bid (a)

meets the eligibility criteria defined in Clause 3 and 4; (b) has been properly signed; (c) is accompanied

by the required securities and; (d) is substantially responsive to the requirements of the Bidding

document. During the detailed evaluation of the “Financial Bid”, the responsiveness of the bids will be

further determined with respect to the remaining bid conditions, i.e., priced bill of quantities, technical

specifications, and drawings.

26.2 A substantially responsive “Financial Bid” is one which confirms all the terms, conditions and

specifications of bidding documents, without material deviation or reservation. A material deviation or

reservation is one (a) which affects in any substantial way the scope, quality, or performance of the

Works; (b) which limits in any substantial way, inconsistent with the Bidding documents, the

Employer’s rights or the Bidder’s obligations under the Contract; or (c) whose rectification would affect

unfairly the competitive position of other Bidders presenting substantially responsive Bids.

26.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the Employer, and may not

subsequently be made responsive by correction or withdrawal of the non-conforming deviation or

29. Evaluation and Comparison of Financial Bids

29.1 The Employer will evaluate and compare only the Bids determined to be substantially responsive in

accordance with Sub-Clause 26.2.

29.3 The Employer reserves the right to accept or reject any variation or deviation. Variation and deviations

and other factors, which are in excess of the requirements of the Bidding documents or otherwise result

in unsolicited benefits for the Employer, shall not be taken in to account in Bid evaluation.

29.4 The estimated effect of the price adjustment conditions under Clause 47 of the Conditions of Contact,

during the period of implementation of the Contract, will not be taken in to account in Bid evaluation.

29.5 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer’s estimate of the

cost of work to be performed under the contract the Employer may require the Bidder to produce detailed

consistency of those prices with the construction methods and schedule proposed. After evaluation of the

price analyses, the Employer may require that the amount of the performance security set forth in Clause

34 be increased at the expense of the successful /bidder to a level sufficient to protect the Employer

against financial loss in the event of default of the successful Bidder under the Contract.

29.6 A bid which contains several items in the bill of Quantities which are unrealistically priced low and

which cannot be substantiated satisfactorily by the bidder may be rejected as non-responsive.

F. AWARD OF CONTRACT

31. Award Criteria

31.1 Subject to Clause 32, the Employer will award the contract to the Bidder whose Bid has been determined.

i) to be substantially responsive to the Bidding documents and who has offered the lowest evaluated

ii) to be within the available bid capacity adjusted to account for his bid price which is the lowest

evaluation in any of the packages opened earlier than the one consideration.

In no case, the contract shall be awarded to any bidder whose available bid capacity is less than the

evaluated bid price, even if the said bid is the lowest evaluated bid. The contract will in such cases be

awarded to the next lowest bidder at his evaluation bid price.

32. Employer’s Right to Accept any Bid and to Reject any or all Bids

32.1 Notwithstanding Clause 31, the Employer reserves the right to accept or reject any Bid, and to cancel

the Bidding process and reject all Bids, at any time prior to the award of contract, without thereby

incurring any liability to the affected bidder or Bidder or any obligation to inform the affected Bidder or

Bidders of the grounds for the Employer’s action.

33. Notification of Award and Signing of Agreement

33.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to

expiration of the Bid validity period by cable, telex or facsimile confirmed by registered letter. This

letter (hereinafter and in the condition of contract called the “Letter of Acceptance”) will state the sum

that the Employer will pay the Contractor in consideration of the execution, completion, and

maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the

Contract called the “Contract Price”).

33.2 The notification of award will constitute the formation of the contract, subject only to the furnishing of a

performance security in accordance with the provisions of Clause

33.3 The Agreement will incorporate all agreements between the Employer and the successful Bidder. It will

be signed by the Employer and to the successful Bidder, within 28 days following the notification of

award along with the Letter of Acceptance. Within 21 days of receipt, the successful Bidder will sign

the Agreement and deliver it to the Employer.

33.4 Upon the furnishing by the successful Bidder of the Performance Security, the Employer will promptly

notify the other Bidders that their Bids have been unsuccessful.

34. Performance Security

34.1 A) Within 15 (Fifteen) days of receipt of Letter of Acceptance, the successful Bidder shall furnish to

the Employer an Irrevocable and unconditional guarantee from a Bank in the form set forth in

Section 8 (the “Performance Security/ Security Deposit”) for

a. an amount equal to 5% (five percent) of its Contract Price (capital cost + GST) in the form of

Demand Draft / Bank Guarantee of the R.B.I. approved Nationalized Bank/Scheduled Bank as per

attached List in (DOCUMENTS TO BE FURNISHED BY BIDDER, VOLUME - V) on award of

b. 2% of its Contract value (Capital cost + GST) in the form of security deposit submitted in the form

of DD/BG or the Contractor’s EMD can be converted in the form of security deposit on award of

work + remaining 3% of its contract value (Capital cost + GST) shall be deducted from the running

bills of the work to be retained against remaining security deposit.

Failure to submit performance security within 15 days shall impose penalty at 6% per Annum for any

additional delayed days (as per VMC circular) in case of bids mentioned below, the successful Bidder,

along with the Performance Security, shall also furnish to the Authority an irrevocable and

unconditional guarantee from a Bank in the same form given at Section 8 towards an Additional

Performance Security (The “Additional Performance Security”) for an amount calculated as under:

a. If the Contract Price (Capital cost + GST) offered by the Selected Bidder is lower than 10% but

upto 20% of the Estimated Project Cost (Capital cost + GST), then the Additional Performance

Security shall be calculated @ 20% of the difference in the

i.) Estimated Project cost (Capital cost + GST) (as mentioned in Bid Document) – Minus

10% of the Estimated Project Cost (Capital cost + GST), and

ii.) Contract Price (Capital cost + GST), offered by the selected Bidder.

b. If the Contract Price (Capital cost + GST) offered by the Selected Bidder is lower than 20% of

the Estimated Project Cost (Capital cost + GST)., then the Additional Performance Security shall

be calculated @30% of the difference in the

i.) Estimated Project cost (Capital cost + GST) (as mentioned in Bid Document) – Minus

10% of the Estimated Project Cost (Capital cost + GST), and

ii.) Contract Price (Capital cost + GST), offered by the selected Bidder.

c. This Additional Performance Security shall be treated as part of the Performance Security.

B) The Performance Security shall be valid beyond 60 (Sixty) days from the stipulated date of completion of

the project and the Additional Performance Security shall be valid beyond 28 (twenty-eight) days of

Project Completion Date.

Performance Security shall become refundable/releasable within 15 days after certified project

completion date subject to Fulfillment of contractual obligation and settlement of all dues and claims.

34.2 If the performance security is provided by the successful Bidder in the form of a Bank Guarantee, it

shall be issued either (a) at the Bidder’s option, by a Nationalized/Scheduled Indian bank or (b) by a

foreign bank located in India and acceptable to the Employer. As per GoG Finance Department’s

Circular No. FD/MSM/e-file/4/2023/4020/D.M.O. Date 11/03/2024 or as per their latest amendment.

(as per list attached here with as per GOG GR).

34.3 Failure of the successful Bidder to comply with the requirement of Sub-Clause 34.1 shall constitute

sufficient grounds for cancellation of the award and forfeiture of the Bid Security

35. Advance Payment and Security

35.1 The Employer will provide an Advance payment on the Contract Price as stipulated in the Conditions

of Contract, subject to maximum amount, as stated in the Contract Data.

37. Corrupt of Fraudulent Practices

37.1 The Employer will reject a proposal if it determines that the Bidder recommended for award has

engaged in corrupt or fraudulent practices in completing for the contract in question and will declare the

firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract with National

Highways Authority of India/ State PWD and any other agencies, if it at any time determines that the

firm has engaged in corrupt or fraudulent practices in completing for the contractor, or in execution.

37.2 Furthermore, Bidders shall be aware of the provision stated in Sub- Clause 59.2 of the Conditions of

APPENDIX TO ITB

Clause Reference

With respect to Section –I

1. The Name of the Employer is Executive Engineer, Drainage [ Cl.1.1]

2. The last seven years.

3. This Average Annual Financial Turnover Amount is Rs. [Cl.4.5.3 (a)]

17,22,814/- (avg annual turnover during last 3 years) (ie 30%

if estimated cost)

4. Value of Work is Rs. 93,29,558 /-

5. The cost of electric work is Rs. NA

6. The cost of water supply / sanitary works is Rs. NA

7. Liquid assets and / or availability of credit [Cl.4.5.6 ]

facilities is Rs. …………(25% of value of contract)

8. Price level of the financial year 2025-2026 (base year) [Cl. 4.5.2]

9. The pre-bid meeting will take place at Office of Execuve [Cl. 9.2.1]

Engineer, Drainage Project, Room No. 204, Second floor,

Vadodara Municipal Corporation, Khanderao Market

Building, Rajmahal Road, Vadodara - 390

10. The technical Bid will be opened at the office of the

Executive Engineer, Drainage Project on dt 17/06/2026

11. Address of the Employer: Drainage Project, Room No.

Second floor, Vadodara Municipal Corporation, Khanderao

Market Building, Rajmahal Road, Vadodara - 390

13. The bid should be submitted latest by 20/02/2026 [Cl. 20.1 & 20.2]

As stated on online NIT

14. The bid will be opened at 05/02/2026

As stated on online NIT [Cl. 23.1 ]

15. The Bank Draft in favor of Municipal Commissioner, VMC

17. Escalation factors (for the cost of works executed and [Cl.4.5.2]

financial figure to a common base value) for works

Last One (25-26)

Last Two (24-25)

Last Three (23-24)

Last Fourth (22-23)

Last Fifth (21-22)

Last Six (20-21)

Last Seven (19-20)

#LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT WORK

[Reference CL. 4.5.5]

The contractors shall also give a list of machineries in his possession and which they propose to use on the

Sr. Plant or Machinery Location Age of Make Capacity Approximate Remark

No. Machinery Value

1 Excavator Machines -1 Nos

2 Trucks/Tipper/ Tractor -

3 Dewatering pump (5-25 hp)

4 The Theodolite & Leveling

instruments - 1 Nos

5 Hydra Machine -1 Nos

6 Welding set - 2 Nos

7 Generator - 1 Nos

8 Vibrator 60 mm & 40 mm -

9 Concrete Mixer Machine -

10 Reinforcement Cutting /

Bending Machine - 1 Nos

11 Multi-Gas Monitor - 1 Nos

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

The Bidder must have suitably qualified personnel, to fill the following position. The Bidder will supply

information on a prime candidate and an alternate for each position, both of whom should meet the experience

requirements specified below for work involved:

Experience in Similar Works

Position (Nos.) Total Experience in year

Construction Engineer (1) 5

Supervisor (1) 3

MINIMUM REQUIREMENT OF EQUIPMENTS: 1) Auto Level: 1 No. (With Complete Set)

Note: As per site requirements during execution of work simultaneously agency shall have to depute Site

Engineers for full time. In the Absence Rs. 1000/- per Day will be deducted from Bill for one Site Engineer.

QUALIFICATION INFORMATION

QUALIFICATION INFORMATION

The information to be filled in by the Bidder in the following pages will be used for the purpose of post

qualification as provided for in Clause 4 of the Instruction to Bidders. This information will not be

incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder

Place of registration _______________________

Principal place of business ________________________

Power of attorney of Signatory of Bid

1.2 Total value of Civil engineering construction 2025-2026

work performed in the last Seven years 2024-2025

(in Rs. Lakhs) 2023-2024

1.3 Work performed as prime contractor, work performed in the past as a nominated sub-contractor will also

be considered the sub – contract involved execution of all main items of work described in the bid

documents, provided further that all other qualification criteria are satisfied (in the same name) on works

of a similar nature over the last five years** and in current year before the submission of the bid.

Name of of Stipulated Actual Date

Project Description Contract issue reasons for

the contract period of of

Name of work No. of delay &

Employer (Rs. completion completion*

order completed

* Attach certificate(s) from the Engineer(s) in-charge

** Immediately preceding the financial year in which bids are received.

1.3.2 ONGOING WORKS

Contractor’s liability to complete ongoing works. Contractor shall submit list of ongoing work in a given

Performa (Annexure-6)

Sr. No. Name of Work Order Date of Date of Percentage of work Reason of

Work Amount work order completion completed Delay

Physical Financial

1.4 Information on Bid Capacity (works for which bids have been submitted and works which are yet to be

completed) as on the date of this bid.

(A) Existing commitments and on-going works:

Descripon Place & Contract Name & Value Spulated Value of Ancipated

of works State No. Address Contract Period of works* date of

of (Rs. Cr) Compleon remaining compleon

*Attach certificate (s) from the Engineer(s) in-charge

**Immediately preceding the financial year in which bids are received.

1.5 Availability of key items of Contractor Equipment for carrying out the works (Ref. Clause 4.5.5). The Bidder

should list all the information requested below.

Item of Requirement Availability Proposals Remarks

Equipment (from whom

No. Capacity Owned / Nos. / Age /

Leased to Capacity Condions

1.6 Qualification and experience of key personnel required for administration and execution of the contract.

Attach biographical data. Refer also to Sub Clause 9.1 of the Conditions of Contract.

Position Name Qualification Year of Year of experience in

Experience the proposed position

Project Manager

1.7 Proposed sub-contract and firms involved

Sections of the works Value of Sub - Sub – Contractor Experience in similar

Contractor (Name & Address) work

Attach copies of certificates on possession of valid license for executing water supply / sanitary work / building

electrification works.

1.8 Financial reports for the last five years: balance sheets, profit and loss statements, auditors’ reports (in case

of companies / corporations), etc. List them below and attach copies.

1.9 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of

credit, etc. List them below and attach copied documents.

1.10 Name, address, and telephone, telex, and fax numbers of the Bidders bankers who may provide references

if contacted by the Employer.

1.11 Information on Litigation history in which the Bidder is involved.

Other Party (ies) Employer Cause of Dispute Amount Involved Remarks showing Present

1.12 Statement of compliance under the requirements of Sub Clause 3.2 of the instruction to Bidders. (Name of

Consultant engaged for project preparations is *………….)

1.13 Proposed work method and schedule. The Bidder should attach descriptions, drawings and charts as

necessary to comply with the requirements of the Bidding documents. {Refer ITB Clause 4.1}

3. Additional Requirements

3.1 Bidders should provide any additional information required to fulfill the requirements of Clause 4 of the

Instructions to the Bidders, if applicable.

(ii) Undertaking

* Fill the name of consultant

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR

AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

This is to certify that M/s. _______________________________________ is a reputed company with a good

financial standing.

If the contract for the work, namely ________________________________ is awarded to the above firm, we

shall be able to provide overdraft / credit facilities to the extent of Rs.__________ to meet their working

capital requirements for executing the above during the contract period.

Senior Bank Manager

Address of the Bank

1. I, the undersigned, do hereby certify that all the statements made in the required attachments are true and

2. The undersigned also hereby certifies that neither our firm M/s. _______________________ have not

abandoned any work of Government of Gujarat / Government of India / any Board or Corporation under

Government of Gujarat / Government of India nor any contract awarded to us for such works have been

rescinded, during last five years prior to the date of this bid.

3. The undersigned hereby authorize(s) and request (s) any bank, person, firm or corporation to furnish

pertinent information deemed necessary and requested by the Department to verify this statement or

regarding any (our) competence and general reputation.

4. The Undersigned understands and agrees that further qualifying information may be requested, and agrees to

furnish any such information at the request of the Department / Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

I, the undersigned do hereby undertake that our firm M/s. ………………………………………would invest a

minimum cash up to 25% of the value of the work during implementation of the contract.

(Signed by an Authorized officer of the firm)

Title of officer

CONDITIONS OF CONTRACT

Condions of Contract

A General Page D. Cost Control

1 Definitions 37 37 Bill of Quantities

2 Interpretation 38 38 Changes in the Quantities

3 Language and Law 39 39 Variations

4 Engineer’s Decisions 39 40 Payments for Variations

5 Delegations 39 41 Cash Flow Forecasts

6 Communications 39 42 Payment Certificates

7 Sub-Contractors 39 43 Payments

8 Other Contractors 39 44 Compensations Events

9 Personnel 40 45 Tax

10 Employer’s & Contractor Risk 40 46 Currencies

11 Employers Risks 40 47 Price Adjustment

12 Contractor’s Risk 40 48 Retention

13 Insurance 40 49 Liquidated damages

14 Site Investigations Reports 41 50 Bonus

15 Queries about the Contract 41 51 Advance Payment

16 Contractors to Construct the works 41 52 Securities

17 The Works to be Completed By 41 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 41 54 Cost of Repair

20 Discoveries 42 E. Finishing the Contract

21 Possession of the Site 42 55 Completion

22 Access to the Site 42 56 Taking Over

23 Instructions 42 57 Final Account

24 Disputes 42 58 Operating and Maintenance

25 Procedure for Disputes

26 Deleted 43 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 44 62 Release from Performance

28 Extensions of the Intended

completion date

29 Deleted 44 F. Special Conditions of

30 Delays Ordered by The 44 63 Labour

Engineer 64 Compliance with labour

31 Management Meetings 45 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

CONDITIONS OF CONTRACT

1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of Contract but

keep their defined meaning.

Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.

Compensation Events are those defined in Clause 44 hereunder

The Completion Date is the date of completion of the Works as certified by the Engineer in accordance with

The Contract is the contract between the Employer and Contractor to execute, complete and maintain the

Works till the completion of Defects Liability Period. It consists of the documents listed in Clause

The Contract data defines the documents and other information which comprise the Contract.

The Contractor is a person or corporate body whose Bid to carry out the Work has been accepted by the

The Contractor’s Bid is the completed Bidding document submitted by the Contractor to the Employer and

includes Technical and Financial Bids.

The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance

with the provisions of the Contract.

Days are calendar days: months are calendar months.

The Defects Liability Period is the period named in the Contract Data and calculated from the Completion

The Employer is the party who will employ the Contractor to carry out the Works.

The Engineer is the person named in the Contract Data (or any other competent person appointed and notified

to the contractor to act in replacement of the Engineer) who is responsible for supervising the Contractor,

administering the Contract, certifying payments due to the Contractor, issuing and valuing the Compensations

Equipment is Contractor’s machinery and vehicles brought temporarily to the site to construct the Works.

The Initial Contract Price is the Contract Price listed in the Employer’s Letter of Acceptance.

The Intended Completion Date is the date on which it is intended that the Contractor shall complete the

Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion Date may

be revised only by the Engineer by issuing an extension of time.

Materials are all supplies, including consumables, used by the contractor for incorporation in the works.

Plant is any integral part of the work which is to have mechanical, electrical, electronic or chemical or

biological functions.

The Site is the area defined as such in the Contract Data.

Site Investigation Reports are those which were included in the Bidding documents and are factual

interpretive reports about the surface and subsurface conditions at the site.

Specifications means the Specifications of the works included in the Contract and any modification or

addition made or approved by the Engineer.

The Start Date is given in the Contract Data. It is the date when the Contractor shall commence execution of

the works. It does not necessarily coincide with any of the Site Possession Dates.

A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of

the work in the Contract which includes work on the Site.

Temporary Works are works designed, constructed, installed and removed by the Contractor which are

needed for construction or installation of the Works.

A Variation is an instruction given by the Engineer, which varies the Works.

The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer

as defined in the Contract Data.

2. Interpretation

2.1 Interpreting these Conditions of Contract, singular also means plural, male also means female or neuter

and the other way around. Heading have no significance. Words have their normal meaning under the

language of the Contract unless specifically defined. The Engineer will provide instructions clarifying

queries about Conditions of Contract.

2.2 If sectional completion is specified in the Contract Data, references in the Conditions of Contract to the

Works, the Completion date, and Intended Completion Date apply to any Section of the Works (other

than references to the Completion Date and Intended Completion date for the whole works)

2.3 The documents forming the Contract shall be interpreted in the following order of priority

(2) Letter of Acceptance, notice to proceed with works

(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

(9) Any other document listed in the Contract Data as forming part of the Contract.

3. Language and Law

3.1 The language of the Contract and the law governing the Contract are stated in the Contract Data.

4. Engineers Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters between the

Employer and the Contractor in the role representing the Employer.

5.1 The Engineer may delegate any of his duties and responsibilities to other people after notifying the

Contractor and may cancel any delegation after notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the conditions are effective only when in

writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act).

7. Sub – Contracting

7.1 The Contractor may subcontract any portion of work, upto a limit specified in contract data, with the

approval of the engineer but may not assign the Contract without the approval of Employer in writing.

Subcontracting shall not alter the Contractor’s obligations. Sub-contracting of supply or specific

items of work is not allowed.

7.2 The sub-contractor must be registered in appropriate class and category for the part of work to be

8. Other Contractors

8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities and

the Employer between the dates given in the Schedule of other Contractor. The Contractors shall as

refer to in the Contract Data, also provide facilities and services for them as described in the Schedule.

The employer may modify the schedule of other contractors and shall notify the contractor of any such

9.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel as referred to

in the Contract Data to carry out the function stated in the Schedule or other personnel approved by the

Engineer. The Engineer will approve any proposed replacement of key personnel only if their

qualifications, abilities, and relevant experience are substantially equal to or better than those of the

personnel listed in the Schedule.

9.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractor Staff or his

work force stating the reasons the Contractor shall ensure that the person leaves the Site within seven

days and has no further connection with the work in the Contract.

10. Employer’s and Contractor Risks

10.1 The Employer carries the risk which these Contract states are Employer’s risks, and the Contractor

carries the risks which these Contracts states are Contractor’s risk.

11. Employer’s Risks

11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly affect the

execution of the Works, the risks of war, hostilities, invasion, act of foreign enemies, rebellion,

revolution, insurrection or military or usurped power, civil war, riot commotion or disorder (unless

restricted to Contractor’s employees), and contamination from any nuclear fuel or nuclear waste or

radioactive toxic explosive.

12. Contractor’s Risks

12.1 All risks or loss or damages to physical property and of personal injury and death which arise during

and in consequence of the performance of the Contract other than the excepted risks are the

responsibility of the Contractor.

13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover

from the Start date to the end of the Defects Liability Period, in the amounts and deductibles stated in

the Contract data for the following events which are due to the Contractor’s risks:

(a) Loss of or damage to the works, Plant and materials,

(b) Loss of or damage to Equipment

(c) Loss of or damages of property (expect the Works, Plant, Materials and Equipment) in

connection with the Contract; and

(d) Personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for the

Engineer’s approval before the Start Date. All such insurance shall provide for compensation to be

payable in the types and proportions of currencies required to rectify the loss or damage incurred.

13.3 Within a month of receipt of the notification of award (Letter of Intent Acceptance) from the Employer,

the successful bidder shall furnish Insurance / CAR policy to the Employer. If the Contractor fails to

submit the policy by the stipulated date, Penalty shall be imposed on the contractor as per VMC rules.

If Contractor does not provide any of the Insurance/ CAR policies and certificates required, RA bill

from the Contractor will not be processed.

13.4 Alterations to the terms of an insurance shall not be made without the approval of the Engineer.

13.5 Both parties shall comply with any conditions of the insurance policies.

13.6 The Contractor shall insure against such liability and shall continue such insurance during the whole of the

time that any persons are employed by the contractor on the Facility Provided that, in respect of any persons

employed by any Subcontractor, the Contractor’ s obligations to insure as aforesaid under this Sub-Clause

shall be satisfied if the Subcontractor shall have insured against the liability in respect of such persons in

such manner that the Owner is indemnified under the policy, but the Contractor shall require such

Subcontractor to produce to the Owner, when required, such policy of insurance and receipt for the payment

of the current premium.

13.7 HON. SUPREME/ HIGH COURT GUIDELINES

Hon. Court guidelines must be strictly followed by Contractor for drainage work for better safety of

workmen. All the work must be carried out by using all safety equipments and measures and cleaning of

manholes must be by mechanical equipments by the contractor.

a. The contractor will be responsible to pay a compensation of minimum Rs.30 lakhs in addition to the

compensation paid by Government in the case of death of workman, while working with this work. Also,

insurance should be required for all workers.

14. Site Investigation Report

14.1 The Contractor in preparing the Bid shall rely on any site Investigation reports referred to in the

Contract Data, supplemented by any information available to the Bidder. The soil Investigation report

shall be used for reference only.

15. Queries about the Contract Data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

16.1 The Contractor shall construct and install the works in accordance with the specification and Drawings.

17. The Works to be completed by the Intended Completion Date

17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works

in accordance with the programme submitted by the Contractor, as updated with the approval of the

Engineer, and complete them by the Intended Completion Date.

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary works to the

Engineer, who is to approve them if they comply with the Specifications and drawings.

18.2 The Contractor shall be responsible for design of temporary works.

18.3 The Engineer’s approval shall not alter the contractor responsibility for design of the Temporary works.

18.4 The Contractor shall obtain approval of third parties to the design of the Temporary works where

18.5 All Drawings prepared by the Contractors for the execution of the temporary or permanent work are

subject to prior approval by the Engineer before their use.

19.1 The Contractor shall be responsible for the safety of all activities on the Site.

20. Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the site is the

property of the Employer. The contractor is to notify the Engineer of such discoveries and carry out the

Engineer’s Instructions for dealing with them.

22. Access to the Site

22.1 The Contractor shall allow the Engineer and any person authorized by the Engineer access to the Site,

to any place where work in connection with the Contract is being carried out or is intended to be carried

out and to any place where materials or plants are being manufactured / fabricated / assembled for the

23. Instructions

23.1 The Contractor shall carry out all instructions of the Engineer pertaining to works which comply with

the applicable laws where the site is located.

23.2 The Contractor shall permit the Employer to inspect the Contractor’s accounts and records relating to

the performance of the Contractor and to have them audited by auditors appointed by the Employer, if

so required by the Employer.

24.1 If the contractor is of the view that a decision taken by the Engineer was either outside the authority

given to the Engineer by the contract or that the decision was wrong taken, the decision shall be referred

to Municipal Commissioner (Higher Authority) within 14 days of the notification of the Engineers

decision. If the issue is not resolved, any party can refer the matter for conciliation within 15 days from

the decision given by the Municipal Commissioner.

24.2 For the work up to Rs. 100 crores or more than Rs.100 Crore if the agency is not satisfied with the

decision of the Additional City Engineer /Head of Department / City Engineer concern for the

conciliation process he shall refer to the Municipal Commissioner.

If the dispute is not resolved through the conciliation process, he may refer the dispute to Gujarat Public

works contract Dispute Arbitration Tribunal. If the contractor fails to refer a claim / dispute to the

Highter Authority within 14 days of the notification of the Engineers decision, the Contractor shall not

be entitled to any additional payment / claim if he doesn’t follow the above sequence in stipulated time

and he should not stop the work.

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the arbitration procedure stated in the Special

Conditions of Contract.

26. If the contractor breaches any condition of the agreement and executes inferior quality of work, VMC

may reduce the payment for the said work or stop all payments towards work done and forfeit deposits

and shall get remaining work done from other agency at risk and cost of the contractor. Moreover in

case of prolonged undue delay more than maximum delay penalty period, contractor shall be put in

abeyance or debarred or blacklisted and he shall be liable to liquidated losses which may require to

complete the remaining work at the risk and cost of the contractor by assigning the work to any other

B. TIME CONTROL

27.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer for approval a

Programme showing the general methods, arrangements orders, and timing for all the activities in the

works alongwith monthly cash flow forecast.

27.2 An update of the Programme shall be a programme showing the actual progress achieved on each activity

and the effect of the progress achieved on the timing of the remaining work including any changes to the

sequence of the activities.

27.3 The Contractor shall submit to the Engineer, for approval an updated programme at intervals no longer than

the period stated in the Contract data. If the Contractor does not submit an updated programme within this

period, the Engineer may withhold the amount stated in the Contract Data from the next payment after the

date on which the overdue programme has been submitted.

27.4 The Engineer’s approval of the programme shall not alter the Contractor’s obligations. The Contractor may

revise the programme and submit it to the Engineer again at any time. A revised programme is to show the

effect of Variations events.

28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Compleion Date if a compensation Event occurs or a Variation is

issued which makes it impossible for completion to be achieved by the Intended Completion Date without

the Contractor taking steps to accelerate the remaining work and which would cause the Contractor to incur

additional cost.

28.2 The Engineer shall decide whether and by how much to extend the Intended Completion Date within

days of the Contractor asking the Engineer for a decision upon the effect of a compensation event or

Variation and submitting full supporting information. If the Contractor has failed to give early warning or

delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in

assessing the new Intended Completion Date.

28.3 The Engineer shall within 14 days of receiving full justification from the contractor for extension of

Intended Completion Date refer to the Employer his decision. The Employer shall in not more than 21 days

communicate to the engineer the acceptance or otherwise of the Engineer’s decision. If the employer fails

to give his acceptance, the Engineer shall not grant the extension and the contractor may refer the matter

under Clause 24.1.

30. Delays ordered by the Engineer

30.1 The Engineer may instruct the Contractor to delay the start or progress of any activity within the works.

31. Management Meetings

31.1 Either the Engineer or the Contractor may require the other to attend a management meeting. The business

of a management meeting shall be to review the plans for remaining work and to deal with matters raised in

accordance with the early warning procedure.

31.2 The Engineer shall record the business of management meetings and is to provide copies of his record to

those attending the meeting and to the Employer. The responsibility of the parties for actions to be taken is

to be decided by the Engineer either at the management meeting or after the management meeting and

stated in writing to all who attended the meeting.

32. Early Warning

32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely future events or

circumstances that may adversely affect the quality of the work, increase the Contract price or delay the

execution of works. The Engineer may require the contractor to provide an estimate of the expected effect

of the future event or circumstance on the contract price and completion date. The estimate is to be

provided by the Contractor as soon as reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and considering proposals for how the effect

of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying

out any resulting instruction of the Engineer.

C. QUALITY CONTROL

33. Identifying Defects / Defect Liability period

33.1 Defect liability period: The contractor shall be responsible to make good and remedy at his own

expense any defect which may develop or may be noticed before the period mentioned hereunder

from the certified date of completion. The Engineer in charge shall give the contractor a notice in

writing about the defects and the contractor shall make good the same within 15 days of receipt of

the notice. In the case of failure on the part of the contractor, the Engineer- in-charge may rectify

or remove or re-execute the work at the risk & cost of the contractor. The Engineer-in-charge shall

be entitled to appropriate the whole or any part of the amount of security deposit towards the

expenses, if any, Incurred by him in rectification, removal or re-execution.

The Defects Liability period shall be as under….

a) For all works costing up to Rs. 50,000 (amount put to tender), the period shall be 3 Months

from the certified date of completion.

b) For all works costing more than Rs. 50,000 and up to Rs. 1 crore (amount put tender), the

period shall be 12 (Twelve) months from the certified date of completion or one monsoon,

whichever is later.

c) For major projects costing more than Rs. 1 crore, the period shall be 36 Months from the

certified date of completion which should include three monsoons.

d) For original building works the defect liability period will be 4 years or elapse of 4 monsoon

period following date of possession of building taken over by user agency following the

certified date of completion, whichever is later. For the purpose of deciding the monsoon

period, 30th September shall be treated as the last date.

33.2 (i) The Contractor shall be responsible for all the Defects in the Works or any part thereof, as the case may

be, during the execution of the Works and during the defects liability period.

(ii)The Defect Liability Period for the Works shall be 3 years from the Physical Completion Date.

(iii)The Performance Bank Guarantee submitted shall be refunded if no defects are noticed during the

Defect Liability Period or the Defects pointed out are removed.

(iv) Contractor shall be responsible for security (watch and ward) of the project assets/ facilities for the

period between Completion Date and commissioning.

34.1 If the engineer instructs the Contractor to carry out a test not specified in the Specification to check

whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and

34.2 Engineer must ensure nos. of tests and types of tests to be performed as per specification. In case if it is

not done or up to the mark, by bidder 1% deduction from work done in a particular RA bill should be

34.3 Agency has to establish testing laboratory on site for the various test to be carried out in the work, for this

purpose agency shall construct a pukka laboratory building with all facility on site at location specified by

the Engineer in charge.

35. Correction of defects

35.1 The Engineer shall give notice to the Contractor of any defects before the end of the defects Liability

Period, which begins at Completion and is defined in the contract data. The Defects Liability Period shall

be extended for as long as Defects remain to be corrected.

35.2 Every time notice of a Defect is given, the Contractor shall correct the notified defect within the length of

time specified by the Engineer’s notice.

36. Uncorrected Defects

36.1 If the contractor has not corrected a defect within the time specified in the Engineer’s notice, the Engineer

will assess the cost of having the Defect corrected, and the Contractor will pay this amount.

D. COST CONTROL

37. Bill Quantities

37.1 The bill of Quantities shall contain items for the construction, installation, testing and

commissioning work to be done by the Contractor.

37.2 The bill of Quantities is used to calculate the Contract price. The Contractor is paid for the

quantity of the work done at the rate in the Bill of Quantities for each item.

38. Change in the Quantities

38.1 The Engineer shall have power to make any alterations in or addition to 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

instruction in this connection which may be given to him in writing signed by the Engineer and such

alteration shall not invalidate the contract and any additional work which the contractor may be directed to

do in the manner above specified as part of the work shall be carried out by the contractor on the same

conditions in all respects on which he agreed to do the main work and at the same rate as are specified in

the tender for the main work.

Except that when the quantity of any item exceeds the quantity as in the tender by more than 130%, the

contractor will be paid for the quantity in excess of 130%, at the rate entered in the SOR of the year

during which the excess in quantity is first executed.

40.1 All Variations shall be included in updated programmes produced by the Contractor.

40. Payments for Variations

40.1 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 as under.

(i) At the rate derived from the item within the contract which is comparable to the one involving additional

or altered class of work; where there are more than one comparable item, the item of the contract which is

nearest in comparison with regard to class or classes of the work involved shall be selected and the

decision of the Superintending Engineer as to the nearest comparable item shall be final and binding on

the contractor.

(ii) If the rate cannot be derived in accordance with (i) above, such class of works shall be carried out at the

rate entered in the Schedule of Rates of the division 50 for the year in which the tender was received,

increased or decreased by the percentage by which the tender amount is more or less as compared to the

amount arrived at the rates in the “Schedule of Rates” of the Division in the year in which the tender was

received. If the Schedule of rates of the Division does not contain all the items, the percentage increase or

decrease of the tender shall be calculated considering such items which were included in the “Scheduled

Rates” of the division for the year and for materials consumed on such item the rate to be charged would be

the basic rate taken into account for fixing the rate in S.O.R. referred to above.

(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class of work shall be carried out at

the rate decided by the competent authorities on the basis of detailed rate analysis after hearing the

contractor before a Committee of two Superintending Engineers stationed at the same place or the nearest

40.2 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 rate is agreed upon, then the contractor shall within seven days of the

date of receipt by him of the order to carry out the work, inform the Engineer-in-charge of the rate, which it

is his intention to charge for such class of work and if the Engineer in charge does not agree to this rates, 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 it advisable, provided always that if the contractor shall commence

work or incur any expenditure in regard thereof before the rates shall have been determined as lastly herein

before mentioned, then in such cases he shall only be entitled to be paid in respect of the work carried out or

expenditure incurred by him prior to the date of the determination of the rate as aforesaid according to such

rate or rates as shall be fixed by the Engineer-in-charge. In the event of the dispute, the decision of the

Superintending Engineer of the Circle shall be final.

Where, however, the work is to be executed according to the designs, drawings and specifications

recommended by the contractor and accepted by the competent authority, the alternation above referred to

shall be within the scope of such designs, drawings and specifications appended to the tenders.

The time limit for the completion of the work shall be extended in the proportion that the increase in the

cost occasioned by alterations bears to the cost of the original work and the certificate of the Engineer-in-

charge as to such proportion shall be final and conclusive.

41. Cash Flow Forecasts

41.1 When the programme is updated, the contractor is to provide the engineer with an updated cash flow

42. Payment Certificates

42.1 The Contractor shall submit to the Engineer monthly statements of the estimated value of the

work completed less the cumulative amount certified previously.

42.2 The Engineer shall check the Contractor’s monthly statement within 14 days and certify the

amount to be paid to the Contractor after taking in to account any credit or debit for the month in

question in respect of materials for the works in the relevant amounts and under conditions set

forth in sub-clause 32.3 of the Contract Data (secured Advance).

42.3 The value of work executed shall be determined by the Engineer.

42.4 The value of work executed shall comprise the value of the quantities of the items in the Bill of

Quantities completed.

42.5 The value of work executed shall include the valuation of variations and compensation events.

42.6 The Engineer may exclude any item certified in a previous certificate or reduce the proportion

of any item previously certified in any certificate in the light of later information.

43.1 Payments shall be adjusted for deductions for advance payments, retention, other recoveries in

terms of the contract and taxes at source, as applicable under the law. The Employer shall pay the

Contractor the amounts certified by the Engineer within 28 days of the date of each certificate.

43.2 Payment of GST (prevailing rates) on the amount payable under the contract to the Contractor

will be made by the Employer. Hence, it is the responsibility of the contractor to pay the GST to

the concerned Authority.

43.3 Items of the works for which no rate or price has been entered in will not be paid by the

Employer and shall be deemed covered by other rates and prices in the Contract.

45.1 The rates quoted by the Contractor must be inclusive of all taxes prevailing on due date of bid

submission except GST. However, any subsequent changes in the tax structure by Government

after due date of bid submission will be compensated (+/-) on availability or submission of actual

documentation. Contractor will have to intimate Engineer regarding changes occurred in the tax

structure after bid submission. If the contractor fails to provide such information and if any

financial obligation may arise due to change in tax structure, same will be recovered from the

45.2 GST will be paid separately on the bills. Hence, it is the responsibility of the contractor to pay

the GST to the concerned Authority.

46.1 All payment shall be made in Indian Rupees.

47. Price Adjustment

47.1 Contract price shall be adjusted for increase or decrease in rates and price of cement, steel, HR

coil, bitumin and pig iron in accordance with the following principles and procedures and as per

formula given in the contract data:

(a) The price adjustment shall apply for the work done from the start date given in the contract

data up to end of the initial intended completion date or extensions granted by the Engineer and

shall not apply to the work carried out beyond the stipulated time for reasons attributable to the

(b) The price adjustment shall be determined during each month from the formula given in the

(c) Following expressions and meanings during to the work done during each month R = Total

value of work done during the month. It would include the amount of secured advance granted, if

any, during the month less the amount of secured advance recovered, if any during the month. It

will exclude value for works executed under variations for which price adjustment will be

worked separately based on the terms mutually agreed.

47.2 To the extent that full compensation for any rise or fall in costs to the contractor is not covered

by the provisions of this or other clause in the contract, the unit rates and prices included in the

contract shall be deemed to include amounts to cover the contingency of such other rise or fall in

48.1 The Employer shall retain from each payment due to Contractor the proportion stated in the

Contract Data until Completion of the whole of the Works.

48.2 On Completion of the whole of the Works half the total amount retained is repaid to the

48.2 On Completion of the whole of the Works half the total amount retained is repaid to the

Contractor and half when the Defects Liability Period has passed and the Engineer has certified

that all Defects notified by the Engineer to the Contractor before the end of this period have been

48.3 On completion of the whole works, the contractor may substitute retention money with an “on

demand” Bank guarantee.

In case, Contractor requests for refund of the Retention Money deducted by the

Employer under the provision of this clause, Employer shall consider the said request of the

Contractor provided that the refund hereunder shall be made in tranches of not less than 1% (One

Percent) of the Contract Price and Contractor furnishes an irrevocable and unconditional Bank

guarantee for an equal amount substantially in the format of Bank Guarantee for Performance

Guarantee enclosed with SBD and valid up to 60 day beyond the scheduled / extended Defects

Liability Period. On completion of the whole works, the contractor has however an option to

submit a fresh irrevocable and unconditional Bank Guarantee for an amount equal to 5% of the

total value of work executed substantially in the format of Bank Guarantee for Performance

Guarantee enclosed with SBD and valid up to 60 days beyond the Defect Liability Period and yet

refund the Retention Money Bank Guarantee submitted for refund of Retention Money.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the

Contract Data for each day that the Completion Date is later than the Intended Completion Date

(for the whole works or the milestone as stated in the contract data). The total amount of liquidated

(for the whole works or the milestone as stated in the contract data). The total amount of liquidated

damages shall not exceed the amount defined in the Contract Data. The Employer may deduct

liquidated damages from payment due to the Contractor. Payment of liquidated damages does not

affect the Contractor’s liabilities. Liquidated damaged shall be 0.05% of Contract Value (inc GST)

per day subject to max 10% of Contract Value (inc GST)

49.2 If the Intended Completion Date is extended after liquidated damages have been paid, the

Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting the

next payment certificate. The Contractor shall not be entitled for any interest on the over payment

calculated from the date of payment to the date of repayment.

49.3 If the contractor fails to comply with the time for completion as stipulated in the tender, then

the contractor shall pay to the employer the relevant sum stated in the Contract Data as Liquidated

damages for such default and not as penalty for everyday or part of day which shall elapse

between relevant time for completion and the date stated in the taking over certificate of the whole

of the works on the relevant section, subject to the limit stated in the contract data.

The employer may, without prejudice to any other method of recovery deduct the

amount of such damages from any monies due or to become due to the contractor. The payment or

deduction of such damages shall not relieve the contractor from his obligation to complete the

works on from any other of his obligations and liabilities under the contract.

49.4 If, before the Time for Completion of the whole of the Works or, if applicable any Section, a

Taking Over Certificate has been issued for any part of the Works or of a Section, the liquidated

damages for delay in completion of the remainder of the Works or of that Section shall, for any

period of delay after the date stated in such Taking-Over-Certificate, and in the absence of

alternative provisions in the Contract, be reduced in the proportion which the value of the part so

certified bears to the value of the whole of the Works or Section, as applicable. The provisions of

this Sub-clause shall only apply to the rate of liquidated damages and shall not affect the limit

49.5 Contractor fails to perform the work to the required standards and specifications punishment will

50.1 If the contractor achieves completion of the whole of the works prior to the intended

Completion Date prescribed in Contract Data the Employer shall pay to the contractor a sum stated

in Contract Data as bonus for every completed month but subjected to maximum amount as stated

in Contract Data; which shall elapse between the date of completion of all items of works as

stipulated in the contract, including variations ordered by the Engineer and the time prescribed in

50.2 Bonus shall be paid only to works amounting to above INR 5 crore with time limit of the works

is equal or more than 6 months. The bonus would be paid as under

% of Time Saved f Initial Contract Price entitled for

Less than 10% 0%

51. Advance Payment

51.1 The Employer shall make advance payment (not to be paid less than two installments except in special

circumstances for which the reason to be Recorded in writing) to the Contractor of the amounts stated in the

Contract Date by the date stated in the Contract Date, against provision by the Contactor of an Unconditional

Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to be at

least 110% of the advance payment. The guarantee shall remain effective until the advance payment has been

repaid, but the amount of the guarantee shall be progressively reduced by the amounts repaid by the

Contractor. The Mobilization advance would be deemed as interest bearing advance at an interest rate of

% to be compounded, quarterly.

51.2 The Contractor is to use the advance payment only to pay for Equipment, plant and Mobilization

expenses required specifically for execution of the Works. The Contractor shall demonstrate that advance

payment has been used in this way by supplying copies of invoices or other documents to the engineer.

51.3 The advance payment shall be repaid by deduction proportionate amount from payments otherwise due

to the Contractor, following the schedule of completed percentages of the Works on a payment basis. No

account shall be taken of the advance payment or its repayment in assessing valuations of work done,

variations, price adjustments, or Liquidated damages.

52.1 The performance Security (including additional security for unbalanced bids) shall be provided

to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in

an amount and form and by a bank or surety acceptable to the Employer, and denominated in

Indian Rupees. performance Security shall be valid until a date 60 days from the certified date of

completion of the project and the additional security

for unbalanced bids shall be valid until a date 28 days from the date of issue of the certificate of

completion of the work.

Performance and Additional Performance Security shall become refundable/releasable within 15 days

after project certified completion date subject to fulfillment of contractual obligation and settlement

of all dues and claims

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start

date and the end of Defects Correction periods shall be remedied by the Contractor at the

Contractor’s cost if the loss or damages arises from the Contractor’s acts or omissions.

E. FINISHING THE CONTRACT

55.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the works and the

Engineer will do so upon deciding that the work is completed.

56. Taking Over

56.1 The Employer shall take over the Site and the Works within seven days of the Engineer issuing a

certificate of Completion.

57. Final Account

57.1 The Contractor shall supply to the Engineer a detailed final account of the total amount that the

57.1 The Contractor shall supply to the Engineer a detailed final account of the total amount that the

Contractor considers payable as full and final settlement of all claims under the Contract for items before

the end of the Defects Liability Period. The Engineer shall issue a Defect Liability Certificate and certify

any final payment that is due to the Contractor within 56 days of receiving the Contractor's account if it is

correct and complete. If it is not, the Engineer shall issue within 56 days a schedule that states the scope of

the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been

resubmitted, the Engineer shall decide on the amount payable to the Contractor and issue a payment

certificate, within 56 days of receiving the Contractor’s revised account.

57.2 If reversal in characteristic of tender (L1 becoming L2) on account of excesses and savings in final

account is observed, the Engineer/Employer shall be at liberty to restrict the final payment of BOQ items to

the lowest amount evaluated of the bids considering the final quantities and the rates quoted including the

rebates if any. Payment of variation items shall however be made at the rates approved by the Employer,

within 90 days from the physical completion of work. Taxes will be deducted as per government rules from

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and/or operating and maintenance manuals are required, the Contractor shall supply

them by the dates stated in the Contract data.

58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract data, or

they do not receive the Engineer’s approval, the Engineer shall withhold the amount stated in the Contract

Data from payments due to the Contractor.

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental

breach of the Contract.

59.2 Fundamental breaches of Contract include, but shall not be limited to the

1. The contractor stops work for 28 days when no stoppage of work is shown on the current programme

and the stoppage has not been authorized by the Engineer.

2. The Engineer instructs the Contractor to delay the progress of the Works and the instructions is not

withdrawn within 28 days;

3. The Employer or the Contractor is made bankrupt or goes into liquidation other than for a

reconstructions or amalgamation

4. A payment certified by the Engineer is not paid by the Employer to the Contractor within 56 days of the

date of the Engineer’s certificate

5. The Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of Contract

and the Contractor fails to correct it within a reasonable period of time determined by the Engineer;

6. The Contractor does not maintain a security which is required;

7. The Contractor has delayed the completion of works by the number of days for which the maximum

amount of liquidated damages can be paid as defined in the Contract data; and

8. If the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices in

competing for or in executing the Contract.

For the purpose of this paragraph: “corrupt practice” means the offering, giving, receiving or soliciting of

anything of value to influence the action of a public official in the procurement process or in contract

execution. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of the borrower, and includes collusive practice

among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-

competitive levels and to deprive the Borrower of the benefits of free and open competition.

59.3When either party to the Contract gives notice of a breach of contract to the Engineer for a cause other

than those listed under Sub Clause 59.2 above, the Engineer shall decide whether the breach is

fundamental or not.

59.4 Notwithstanding the above, the employer may terminate the Contract for convenience.

60. Payment upon Termination

60.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Engineer

shall issue a Certificate for the value of the work done less advance payments received up to the date of

the issue of the certificate, less other recoveries due in terms of the contract, less taxes due to deducted at

source as per applicable law and less the percentage to apply to the work not completed as indicated in the

Contract data. Additional Liquidated Damages shall not apply. If the total amount due to the Employer

Contract data. Additional Liquidated Damages shall not apply. If the total amount due to the Employer

exceeds any payment due to the Contractor the difference shall be a debt payable to the Employer.

60.2 If the Contract is terminated at the Employer’s convenience or because of a fundamental breach of

Contract by the Employer, the Engineer shall issue a certificate for the value of the work done, the cost of

balance material brought by the contractor and available at site, the reasonable cost of removal of

equipment, repatriation of the Contractor’s personnel employed solely on the works, and the Contractor’s

cost of protecting and securing the Works and less advance payment received up to the date of the

certificate, less other recoveries due in terms of the contract and less taxes due to deducted at source as

per applicable law.

61.1 All materials on the Site, Plant Equipments, Temporary Works and Works are deemed to be property of

the Employer, if the Contract is terminated because of a Contractor’s default.

62. Release From Performance

62.1 If the Contract is frustrated by the outbreak of war of by any other event entirely outside the control of

either the Employer or the Contractor the Engineer shall certify that the Contract has been frustrated. The

Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and

shall be paid for all work carried out before receiving it and for any work carried out afterwards to which

commitment was made.

F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the

engagement of all staff and labour, local or other, and for their payment of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such form

and at such intervals as the Engineer may prescribe, showing the staff and the numbers of the several classes of

labour from time to time employed by the Contractor on the site and such other information as the Engineer

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his subcontractor shall abide at all times by all

existing labour enactments and rules made thereunder, regulations, notification and bye laws of the State or

central Government or local authority and any other labour law (including rules), regulations, bye laws that

may be passed or notifications that may be issued under any labour law in future either by the State or the

Central Government or the local authority. Salient features of some of the major labour laws that are applicable

to the construction industry are given below. The Contractor shall keep the Employer indemnified in case any

action is taken against the Employer by the competent authority on account of contravention of any of the

provisions of any Act or rules made thereunder, regulations or notifications including amendments. If the

Employer is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for

observance of the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including

amendments, if any, on the part of the Contractor, the Engineer/employer shall have the right to deduct any

money due to the Contractor including his amount of performance security. The Employer/Engineer shall also

have the right to recover from the Contractor any sum required or estimated to be required for making good the

loss or damage suffered by the Employer.

The employees of the Contractor and the Sub-Contractor in no case shall be treated as the employees of the

Employer at any point to time. SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS

APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS

A) Workmen Compensation Act 1923: - The Act provides for compensation in case of injury by accident

arising out of and during the course of employment.

B) Payment of Gratuity Act. 1972: - Gratuity is payable to an employee under the Act on satisfaction of

certain conditions on separation if an employee has completed 5 years service or more on death, the rate of

15 days wages for every completed year of service. The Act is applicable to all establishments employing

10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952: ‐ The Act Provides for monthly contributions by

the employer plus workers @ 10% or 8.33% The benefits payable under the Act are:

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance on the death in harness of the worker.

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951: - The Act provides for leave and some other benefits to women employees in

case of confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain welfare measures to be

provided by the Contractor to contract labour and in case the Contractor fails to provide, the same are required

to be provided, by the Principal Employer by Law. The principal Employer is required to take Certificate of

Registration and the Contractor is required to take license from the designated Officer. The Act is applicable to

the establishments or Contractor of Principal Employer, if they employ 20 or more contract labour.

F) Minimum Wages Act 1948: ‐ The Employer is supposed to pay not less than the Minimum Wages fixed by

appropriate Government as per provisions of the Act, if the employment is a scheduled employment.

Construction of Building, Roads, Runways are scheduled employment.

G) Payments of wages Act 1936: ‐ It lays down as to by what date the wages are to be paid, when it will be

paid and what deductions can be made from the wages of the workers.

H) Equal remunerations Act 1979: - The Act provides for payment of equal wages for work of equal nature to

Male and Female workers and for not making discrimination against female employees in the matter of

transfer, training and promotions etc.

I) Payments of Bonus Act 1965: - The Act is applicable to all establishments employing 20 or more

employees. The Act provides for payments of annual bonus subject to a minimum of 8.33% of wages and

maximum of 20 % of wages to employees drawing Rs. 3500/- per month or less. The bonus to be paid to

employees getting Rs, 2500/- per month or above Rs. 3500/- per month shall be worked out by taking wages as

Rs. 2500/- per month only. The Act does not 61 apply to certain establishments. The newly set-up

establishments are exempted for five years in certain circumstances. Some of the State Governments have

reduced the employment size from 20 to 10 for the purpose of applicability of this Act.

J) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for resolutions of

Industrial disputes, in what situations a strike or lock-out becomes illegal and what are the requirements for

laying off or retrenching the employees or closing down the establishment.

K) Industrial employment (standing Orders) Act 1946: ‐ It is applicable to all establishments employing

or more workmen (employment size reduced by some of the State and Central Government to 50). The Act

provides for laying down rules governing the conditions of employment by the Employer on matters provided

in the Act and get the same certified by the designated Authority.

L) Trade Unions Act 1926: ‐ The Act lays the procedure for registration of trade unions of workmen and

employers. The Trade Unions registered under the Act have given certain immunities from civil and criminal

M) Child Labour (Prohibition & Regulation Act 1986: ‐ The Act prohibits employment of children below

years of age in certain occupations and process and provides for regulation of employment of children in all

other occupations and processes. Employment of Child labour is prohibited in Building and Construction

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions of service) Act 1979:‐ The

Act is applicable to an establishment which employs 5 or more inter-state migrant workmen through an

intermediary (who has recruited workmen in one state for employment in the establishment situated in another

state).The inter-state migrant workmen, is an establishment to which this Act becomes applicable, are required

to be provided certain facilities such as housing, medical aid, traveling expenses from home upto the

establishment and back, etc.

O) The Building and Other Construction workers (Regulation of employment and Conditions of Service)

Act 1996 and the Cess Act of 1996: ‐ All the establishments who carry on any building or other constructions

work and employ 10 or more workers are covered under this Act. All such establishments are required to pay

cess at the rate not exceeding 2% of the cost of construction as may be modified by the government. The

Employer of the establishment is required to provide safety measures at the Building or construction work and

other welfare measures, such as canteens, First Aid facilities, Ambulance, Housing accommodations for

workers near the workplace etc. The Employer to whom the Act applies has to obtain a registration certificate

from the Registering Officers appointed by the Government.

P) Factories Act 1948: ‐ The Act lays down the procedure for approval of plans before setting up a factory,

health and safety provisions, welfare provisions, working hours, annual earned leave and rendering information

regarding accidents or dangerous occurrences to designated authorities. It is applicable to premises employing

10 persons or more with aid of power or 20 or more persons without the aid of power engaged in the

manufacturing process.

Q) Royalty charges‐The contractor shall pay the royalty to the competent authority as per rule. The royalty

charges paid shall be borne by the contractor and shall not be reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof from time to time shall be applicable.

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management plan for best energy use, waste

management, the reduction of pollution as in EMS (Environmental Management system) ISO-14001-

65. ARBITRATION (GCC CLAUSE 24)

The procedure for arbitration will be as follows: -

65.1 If the Contractor is of the view that a decision taken by the Engineer was either outside the authority

given to the Engineer by the Contract or that the decision was wrongly taken, the decision shall be referred

to Municipal Commissioner (Higher Authority) within 14 days of the notification of the Engineer's

decision. If the issue is not resolved, any party can refer the matter for conciliation within 15 days from the

decision given by the Municipal Commissioner.

65.2 All disputes and differences of any kind whatever arising out of or in connection with the Contract or the

carrying out of the works (whether during the progress of the works or after their completion and whether

before or after the termination, abandonment or breach of the Contract) shall be first referred to and

settled by the Executive Engineer who shall state his decision in writing. Such decision may be in the

form of a Final Certificate or otherwise. If the contractor does not satisfy with the decision of the

Executive Engineer, an appeal shall be raised to the City Engineer/ Head of the Department or Additional

City Engineer as stated in the preceding Clause. But if either the Employer or the Contractor be

dissatisfied with the decision of the City Engineer / Head of the Department or Additional City Engineer

on any matter, question or dispute or any kind (except any of the expected matters) or as to the

withholding by the City Engineer / Head of the Department or Additional City Engineer of any Certificate

to which the Contractor may claim to be entitled, then and in any such case either party (the Employer or

the Contractor) may within twenty-eight days after receiving notice of such decision give a written notice

to the other party through the City Engineer / Head of the Department or Additional City Engineer

requiring that such matters in dispute is arbitrated upon. Such written notice shall specify the matters

which are in dispute or difference of which such written notice has been given and no other shall be and is

hereby referred to the Arbitration and final decision of a single Arbitrator being a Municipal

Commissioner of VMC. The final decision of Municipal Commissioner shall be binding on both the

parties (i.e. the Contractor and Head of the Department / Additional City Engineer. The decision of

Municipal Commissioner shall be in form of written order.

Clause Reference With respect To section

Item marked “N/A” do not apply to this Contract.

1. The Employers is [CL.1.1]

Name: Executive Engineer, Drainage Project, Vadodara Municipal Corporation

Address: Drainage Project, Room No. 204, Second floor, Vadodara Municipal Corporation, Khanderao

Market Building, Rajmahal Road, Vadodara - 390

Name of authorized Representative (will be intimated later)

2. The Engineer is Executive Engineer

Name of Authorized Representative: -----

3. The Defects Liability Period is 03( THREE) years from the date of completion. [CL.1.1&33]

4. The Start Date shall be 7th day from the date of issue of the Notice to proceed with the work. [CL.1.1]

5. The Intended Completion Date for the whole of the works is ………… Months after start of work.

6. The Site is located at Sardar estate CIRCLE [CL.1.1]

7. The name and identification number of the Contract is: [CL.1.1]

8. The works consist of The Work of shifting the drainage line and Machine hole in front of Real Kathiyawadi

Hotel at the new flyover bridge project at Sardar Estate Junction on the 40.0 meter ring road.

with items as per B.O.Q. The works shall, inter alia, include the following, as specified or directed.

8.1 To carry out Pre Execution and Post Execution survey of the Pressure line /proposed route by taking

levels at every 5 m longitudinally interval. (using total station and drawing of existing feature and

proposed work and on completion of execution as- built drawing shall be submitted). Necessary jungle

cutting activities like fencing removal, fencing restoration depositing to respective VMC office / store as

per EIC shall be in the scope of work and for which no payment shall be done to the contractor.

8.2 During the Pre Execution survey the contractor shall identify the locations where there are obstructions

(legal / illegal) and where constructing/laying of Pressure line will not be feasible unless these

obstructions are removed. Trial pits shall have to be taken by the contractor as per instruction of engineer

in charge. Contractors should clearly show obstructions, crossings along with all dimensional and

construction details. Wherever the proposed system is to be integrated with the existing system, the

contractor shall take the GL and IL of the connecting pipeline / channel. 3 sets of the survey drawings

including L/S and C/S (hard copy) and a editable soft copy ( in AutoCAD format/ MS office) on Pen

drive shall be submitted by the contractor.

8.3 The contractor shall establish sufficient Nos. of TBMs and PBMs at suitable locations i.e. permanent

structures like electrical poles etc, which can be used for checking the Invert Levels of the pipes/channel

during the execution. No payment shall be made for these activities by VMC.

8.4 Water and Electricity for construction and testing for all material and items involved in work shall be

arranged by the Contractor at their own cost and informed to VMC in advance.

8.5 Submitting detail drawing/ Sketch to VMC for the stretch of the pipeline and allied work laid as per the

specifications and drawings before refilling the trench for approval.

8.6 Any and all other works indicated and considered necessary for the execution of this work whether or

not specifically mentioned or called for.

8.7 Any damage to the existing structures during execution shall be repaired by the contractor and no extra

payment shall be done for the same.

8.8 Testing shall be done by collecting samples from site in Govt. approved testing laboratory & 10% of

total Quantity in M.S.U. or GERI at cost of contractor. The Contractor has to deposit the testing fee for

TPI as per rules separately.

8.9 Bore holes to be taken by contractor to derive SBC of soil without any extra cost as per requirement.

8.10 Dewatering payment shall not be paid for water (any quantum) appearing during excavation / Sinking of

shaft and during pushing work.

8.11 There is drainage line, water supply line, GAS line, CCTV, MGVCL, GETCO, OFC Cables crossing in

the proposed Gravity main alignment which is to be retained as if it is and execution of work has to be

done. No payment shall be made for these activities by VMC.

8.12 If the water table is at high level at site and soil strata is loose and collapsible. Then the contractor shall

have to consider all the factors for execution of work. Also, all the safety precautions with necessary

safety instruments must be taken at site and the contractor shall be solely responsible for any kind of

unwanted incidence happening at site.

8.13 For Extra Dewatering work other than excavation item, and during sinking & manual pushing

(including shaft work etc) the Contractor shall have to maintain records signed by the Eng. In charge of

8.14 Excavating (Dry or Wet soil, sludge) as per guidelines to acquire the design section of the Pipeline

laying. At most care shall be taken to safe guard and save all other utility services during execution. Any

problem arises due to bad workmanship of the contractor, the contractor shall be fully responsible and

he shall get the repairing done urgently, corporation may levy penalty on such misbehave.

8.15 The contractor shall be responsible for restoration of kachcha part with brick bats, wmm, wet mix, gsb,

metals, quarry waste etc according to required for approaches especially during monsoon in case of

settlement occurs without any cost.

8.16 All safety and environmental management measures.

8.17 Labor welfare and health measures and requirements.

8.18 Provision of all materials compliant with the specifications.

8.19 Provision of all skilled, semiskilled and unskilled manpower.

8.20 Preparation of working drawings, work schedules in MS Project format and getting the same approved

from PMC/ VMC before execution of the works involved.

8.21 To carry out Pre-Execution and Post Execution survey (Alignment Survey) using Total Station

equipment of the proposed route by taking levels at every 30 m interval and capturing all topographic

features. Making L-Section for the existing line & proposed line and getting the same approved from

PMC/VMC before execution of the works involved.

8.22 All excavation required for pipe laying by conventional method with compact shoring including

backfilling and road reinstatement. To safe guard the excavation for necessary shoring & strutting

related safety measures shall be done by the contractor.

8.23 No disposal / transportation of excavated earth shall be paid to the contractor for excavation / manual

pushing item. The contractor shall also have to do disposal of excavation stuff for more than 1 time in

view of any kind of existing situation of work without any cost.

8.24 The contractor shall be responsible for using bonding agent to be used for casting of concrete over

existing concrete which shall be approved by TPI/PMC/VMC and cost of this shall be borne by the

8.25 The preparation of approach road / access for the work shall have to be done by the contractor at their

own cost & no payment shall be made by VMC. The approach road / access shall have to be removed

after completion of work by the contractor at their own cost & no payment shall be done by VMC.

8.26 Providing safety rails / Solid board barricading along with installing cautionary sign boards showing

project details to be erected on site, blinkers during night, and other safety works etc. as per the

guidelines where ever required and instructed and specifications on all sides of the excavated trench and

must be maintain till the completion of the work. The contractor shall be responsible for any kind of

accident occurred due to absence/ lacking of any kind of safety measure (like safety rails / solid

barricading/cautionary sign boards etc). by the contractor at their own cost & no payment shall be done

by VMC. No work will be allowed to start without proper safety equipment’s like solid Board

Barricades, Blinkers etc., All safety Arrangements will be in scope of the contractor.

8.27 There is road parallel/ perpendicular to drain, necessary all kind of safety measures / precautions shall

be taken in view of traffic / public safety entry / exit. No payment shall be made for these activities by

8.28 Construction of machineholes.

• Brick masonry machineholes for byline connection and for open excavation.

• RCC machineholes for Main line.

8.29 Removal of the soil from the site, as per the guidelines including dewatering, diversion of flow, etc so as

to make the stretch of the excavation suitable for executing the work shall be borne by the Contractor.

8.30 All flow interconnections & byline connection including the connection from / to live sewers as directed

by TPI/PMC/VMC.

8.31 Making the connection(s) from existing work to new proposed work. Connection(s) may be wet

connection(s) or Dry connection(s). Contractor must carry out by them by taking all the safety

precaution(s) at their own cost.

8.32 All tests on raw materials and tests during ongoing works as per specifications and as directed by

TPI/PMC/VMC engaged in this work.

8.33 All other works deemed necessary for the execution of the intended work whether specifically

mentioned or called for.

8.34 No payment for road restoration for shaft will be paid to the contractor, however the contractor is

responsible to restore the damaged road at their own cost for the portion of shaft Construction.

8.35 The Contractor has to make all the necessary arrangement(s) for crossing proposed drainage gravity line

to existing drainage gravity line at same level. The Contractor to submit the method statement like

dummy work, dewatering arrangement(s) and connection work before starting the work.

8.36 The contractor shall be responsible for carrying out shaft construction in any nos. irrespective of

distance as per requirement of site. Between two shaft should be maintain at 30 – 35 mtr (center to

center) as per site situation the distance between two shafts in rare case will be permitted by PMC &

VMC as per requirement.

8.37 Any kind of dewatering (including manually pushing / shaft related bore / bore work) will not be paid

during the manually pushing work and during and after construction of shaft / shaft.

8.38 No plugging / dummy will be paid for stopping flow in existing UPVC / SWD / Stoneware / Channel

for such dummies only respective activity item (i.e., sand / earth fill back / masonry / plaster etc.) will

be paid for relative items. Dummy item will be paid only if will be done in submerged condition.

8.39 No Job connection (wet / dry connection new line with old existing line) shall be paid for DI / CI water

pipe line / Drainage line shifting / laying work separately.

8.40 No payment shall be made for breaking or cutting the existing old drainage pipe during manually

8.41 Half rate shall be paid for pakka dummy / plugging provide to drainage line / machinholes incase of non

performance of breaking of such pakka dummy / plugging.

8.42 Refilling of the excavated trench after laying of the line in the proper manner, consolidating and

restoring the road before compaction. Refilling must be done layer wise with proper compaction.

8.43 Firm bed should be provided to the pipe line with the Murrum/sand/rubble where ever required for

which no payment shall be made to the contractor and instructed as per the specifications to achieve the

required slope. Realignment / shifting of the existing utilities (except electricity and telephone) falling in

line of excavation alignment.

8.44 Providing and supplying ISI standard RCC pipes of socket spigot type with rubber-ring joint only shall

be allowed, with in factory Testing in presence of Third-party Inspection Agency. Laying of the pipe

line shall be in the required slope and alignment as instructed in drawing and engineer-in-charge.

8.45 Brickwork Machine hole shall be constructed as per the type design provided by the department.

8.46 Providing safety rails as per the guidelines where ever required and instructed and as per specifications

on side of the excavation for protection and safety.

8.47 Reinstatement of the facilities like road, water supply lines, sewer lines, etc., damaged during

executions as per the guidelines of engineering in charge.

8.48 Ensuring the safety (up to handover of work) of the worker and citizens at the work site during

execution and during monsoon when the work is stopped as per the guidelines of the Engineering in

8.49 Irrespective of any other clause in the tender, the Contractor shall use Ready Mixed Concrete (RMC) for

major concrete works as per instruction of engineer in charge, with minimum cement content specified

in the tender. RMC shall be used of approved make only.

8.50 set of soft copy and 5 set of hard copies of AS-BUILT drawings (showing approved) in a size

acceptable by VMC / PMC / TPI shall be submitted by the contractor to all the agencies (VMC, PMC,

TPI). Final bill shall be cleared only after the submission of As- built drawings.

8.51 Until and unless required and asked for by the Engineer in charge, night work shall not be permitted.

8.52 Works done without informing any/all of the three (VMC, PMC, TPI) and without their presence shall

not be considered valid. Photographs shall be submitted by the contractor fortnightly to monitor the

progress of work.

8.53 The contractor will be responsible to pay a compensation of minimum Rs.30 lakhs in addition to the

compensation paid by Government in the case of death of workman, while working with the sewer

work. Also insurance should be required for all workers.

8.54 No Machinehole Connection will be paid in new constructed Machinehole Old Existing Machinehole

Connections will be paid to contractors.

8.55 Before excavation inform to all agencies like MGVCL, Broadband companies, etc. by using “CBUD”

(Call Before You Dig) application. If any cable damaged by contractor, then repaired it by own cost.

8.56 The work of RCC shaft wall must be done upto Road or GL. In addition to this "9thickness brick

masonry min 0.50 mtr in height from top of RCC shaft wall must be done at site before starting of

Jacking work. After construction of MH the brick wall and RCC shaft wall in @ 1.5to 2.0mtr height

from top must be dismantled before refilling work andno extra payment shall be done for the same.

8.57 Penalty / deduction for not providing Barricades around pit opening in case of trench length both sides

as per site conditions Rs.200 per Rmt of barricades for single side per day, length will be calculated for

both the sides of trench and all shaft/Excavated pit/ Machine holes shall be considered.

8.58 Photographs soft copy as well as hard copy mentioning locations etc. shall be submitted by the

contractor along with all R.A bills & Final bill & fortnightly to monitor the progress of work.

8.59 Design of shaft is in the scope of contractor and shall get it approved by PMC/VMC prior to execution.

8.60 All jacking and receiving RCC shafts for Manual Pushing by well sinking method including backfilling

and road reinstatement, etc.

8.61 Provision of all equipment such as MTBM, CCTV sewer inspection systems, temporary works like

shoring, sheet piles, caisson systems etc. Establishment of MTBM along the pipeline route.

1. The Bidder shall collect all the relevant data about the sites (soil conditions etc.), required for assessing the

work and submitting his Technical and Financial bid.

2. The Preliminary Layout of the work is attached with the Tender. The Network shown in the drawing is

preliminary and can change during the execution. The quantity shown in the tender is preliminary and shall be

finalized after the Pre-Execution survey by the contractor.

3. The size, levels and quantities shown in the Design Sheets are preliminary and can change during execution

(after the pre-execution survey by the Contractor)

4. Existing Utilities: VMC is not having any ready data on the existing utilities likely to meet during the

excavation and laying of pipelines / construction of channel. The shifting of Telephone / Electric Pole shall be

arranged by VMC.

5. VMC has also appointed third-party inspection of the project. Any tests recommended by Consultant or TPI

during the execution of this contract shall be conducted by the contractor in the laboratory acceptable to VMC

/TPI without any extra cost to VMC. The charges of testing and inspection charges (TPI) of any material or of

any type shall be borne by the contractor.

6. The Contractor must Construct R.C.C. Shafts for pushing work as per actual site condition and requirement

(such as change of alignment, distance, etc.) without any other cost.

7. The Contractor must have to do pushing work by Dismantling/Removing of existing R.C.C. drainage gravity

line as per actual site condition.

8. Mode of measurement for pushing work Qty will be measured from Inner side of Machine holes for pushing

9. Any obstruction appeared during manual pushing work such as concrete, concrete block, any type of pipes

(concrete, DI, CI, etc.) shall have to be demolished/broker/removed by the contractor for which no extra

payment shall be paid to the contractor.

(A) Other Items

Any Other Items as required to fulfill all contractual obligations as per the Bid documents. [CL.1.1]

10 . The following documents also form part of the Contract.

11. The law which applies to the Contract is the law of Union of India [CL.3.1]

12. The language of the Contract documents is English [CL.3.1]

13. Limit of subcontracting 25% of the Initial Contract Price [CL.7.1]

18. DELETED [CL.8]

15. The Schedule of Key Personnel As per Annex – II to Section I

16. The minimum insurance cover for physical property, injury and death is Rs. 5 lakhs per occurrence with

the number of occurrences limited to four. After each occurrence, the contractor will pay an additional

premium necessary to make insurance valid for four occurrences always [CL13]

Hon. Court guidelines must be strictly followed by Contractor for drainage work for better safety of

workmen. All the work must be carried out by using all safety equipments and measures and cleaning of

manholes must be by mechanical equipments by the contractor.

The contractor will be responsible to pay a compensation of minimum Rs.30 lakhs in addition to the

compensation paid by Government in the case of death of workman, while working with this work. Also

insurance should be required for all workers.

17. Site Investigation report [CL.14]

19. The period for submission of programme for approval of the engineer shall be 21 days from the issue of

Letter of Acceptance. [CL. 27.1]

20. The period between program updates will be 30 days. [CL.27.3]

23. The currency of the Contract is Indian Rupees [CL. 46]

24. PRICE VARIATION FOR CEMENT, STEEL, PIG IRON, HR COIL & BITUMEN

The amount payable to the contractor for the work done shall be adjusted for increase-decrease in

the rate of Cement, Steel,Pig Iron, HR Coil & Bitumen as under

Price variation for Cement, steel, Pig Iron, HR Coil & Bitumen brought by the contractor.

The star rates of Cement, Steel, Pig Iron, HR Coil & Bitumen to be brought by the contractor shall be

considered at site as per RBI indices of April

Cement (OPC) Rs.325.27/- per bag of 50 Kg.

Pig Iron WPI index 131.60.

HR Coil WPI index 127.00.

TMT steel (FE-500) Rs._62350/- per MT

CRS Fe-500 Rs. 67480/- per MT

Bitumen Rs._56831/- per MT

(The above star rates shall be linked with Reserve Ban of India price index for steel and cement for the

month in which the Tender Documents shall be invited- july 2025).

The fluctuations in rates of steel-reinforcement, cement, HR Coil, Pig Iron & Bitumen shall be adjusted

in the bills payable to the contractors as under:

A= Amount payable or recoverable

B= Star rate of steel-reinforcement / cement / HR Coil / Pig Iron / Bitumen

CI= The (quarterly) average corresponding index for steel-reinforcement, cement, HR Coil, Pig Iron &

Bitumen for the quarter under consideration (as published monthly bulletin of Reserve bank of India)

C0= Price index of steel-reinforcement / cement / HR Coil / Pig Iron / Bitumen for the month in which

the tender documents are invited published in monthly bulletin of Reserved Bank of India.

D= Quantity of steel-reinforcement, cement, HR Coil, Pig Iron & Bitumen actually brought by the

contractor on site of work and consumed in the work during the quarter duly supported with bill as

recorded in cement consumption register or MB (for steel).

• No ceiling for escalation for difference of steel and cement will be applicable.

• This clause shall be operative from the date issue of work order and up to the expiry of original and

extended time limit.

• This formula shall be used individually for cement and steel for calculating adjustment.

• The steel-reinforcement, cement, HR Coil, Pig Iron & Bitumen brought by the contractor on site of

work shall be used only after the same is tested at the cost of contractor or after production of steel

certificate by manufacture as desired by the authority.

• If such materials are not found as per the IS specification, the same shall be removed by the contractor

for which no claim shall be entertained.

This Clause is Only for D.I Type pipe Procurement.

(a) Price Variation Clause will be applicable based on Office of the Economic advisory under Ministry of

Commerce and Industry, Govt. of India, are publishing Wholesale price Index (WPI) for Pig Iron the

Governing material for Manufacture of D.I Pipe. Formula for this tender based on WPI Index as

published by Ministry of Commerce and Industry Govt. of India is as Follow:

(b) Price Variation Formula (PVF) for Supply of materials:

The F.O.R rates quoted by the supplier shall be subject to price variation as per following price

Variation Formula:

VD =Increase or Decrease in the F.O.R Rate of D.I Pipes, in rupees/ meter, to be dispatched from

manufacturers works, during the calendar month, under consideration, due to change in WPI for Foundry

grade Pig Iron.

R =Base F.O.R Rate (Rs/ m) of DI Pipes as per Tender.

D0= The Confirmed monthly Wholesale Price Index (WPI) for pig Iron, of the month in which the online

tender is submitted and as published by office of Economic – Advisor, Ministry of Commerce and

industry on Their website www.eaindustry.nic.in

D1=The Latest available monthly provisional wholesale Price Index (WPI) for Pig iron at the time which

DI pipes are dispatched from manufactures’ works and as published by office of economics advisor,

Ministry of commerce and Industry on their www.eaindustry.nic.in

Transportation charges once quoted shall remain fixed throughout the completion of the entire contract,

no variation will be allowed.

Bidder shall invariably submit a break up of the rates i.e. Basic Rates, Excise Duty/ GST,

Transportation Charges (including Loading, Insurance, Transportation, unloading and Stacking),

E.P.D.M Rubber Gasket etc. shall be furnished on per Rmt. Basis on separate sheet final rate per Rmt.

Arrived here, shall, be mentioned in Schedule – “B” for Calculating final Amount.

25. The proportion of payments retained (retention money) shall be 6% {CL. 48}

from each bill subject to a maximum of 5% of final contract price.

26. Amount of Liquidated damages for For Whole of work {CL.49} delay in

completion of works (1/2000)th of the Initial contract

price, rounded off to the nearest

Thousand, per day.

27. Maximum limit of liquidated damages 10 percent of the Inial {CL. 49}

For delay in completion work Contract Price rounded off to the nearest

28. Amount of Bonus for early completion Amount of bonus for early completion of

work shall be given as per CL.50 of Section-3

29. Maximum limit of bonus for early 5 percent of the Contract {CL. 50}

Completion of work Price

30. The amount of the advance payment are: {CL. 51 & 52}

#Nature of Advances (FOR WORK>5 CRORE) Amount (Rs.) Conditions to Be fulfilled

i Mobilization 5% of the contract Price On submission of unconditional Bank

Guarantee. The contractor may furnish two

bank guarantees of 2.5 % of each valid for

the full period of repayment. (Bank

Guarantee shall be with GST)

Mobilization advance applicable to works costing more than 5 crores.

31. Repayment of advance payment for mobilization {CL. 51.3}

The payment to be made to the Contractor against mobilization advance will be considered as Advance and,

in the format, given by VMC. The advance shall be recovered from the Contractors 2nd, 3rd and 4th running

Bills. The bank Guarantee shall be discharged after recovery of 100% of advance paid to the Contractor.

BG format enclosed as per Section-8.

33. The securities shall be for the following minimum amounts equivalent {CL. 52}

As a percentage of the Contract Price: Performance Security for 5 percent of contract price plus Rs.

…………….. (to be decided after evaluation of the bid) as additional security in terms of ITB

The standard form of Performance security acceptable to the Employer shall be an unconditional Bank

Guarantee of the type as presented in Section 8 of the Bidding Documents.

34. The Schedule of Operating and maintenance Manuals…. N/A. {CLs. 58}

35. The date by which “as– built” drawings (in scale as directed) in 5 sets in soft copy in pen drive as per VMC

format (AutoCAD) with geotagging (latitude & longitude) and 5 sets in hard copy {CL. 58} are required

within 28 days of the issue of certificate of completion of the whole or section of the work, as the case may

36. The amount to be withheld for failing to supply “as built” drawings {CL. 58} by the Date required is Rs

37. The following events shall also be fundamentals breach of contract: {CL.59.2} “The Contractor has

contravened Sub- clause 7.1 and Clause 9 of GCC”

38. The percentage to apply the value of the work not completed representing {Cl 60} the Employer’s

additional cost for completing the Works shall be 20 per cent.

TECHNICAL SPECIFICATION

GENERAL INSTRUCTIONS FOR WORK

DEFINITION OF TERMS: -

In the Contract documents as hereinafter defined the following words & expression shall have the meanings hereby

assigned to them except where the context otherwise requires: -

1. “The Owner or Employer”, means the Municipal Commissioner Vadodara Municipal Corporation, Vadodara

which may abbreviated as “VMC” and includes the Owner’s or Municipal Commissioner, VMC’s authorized

representatives or successors.

2. The abbreviation VMC wherever used in contract shall mean Vadodara Municipal Corporation and term shall be

used to in place of authorized person or persons who will be operating this contract as VMC’s representative and

will include namely Municipal Commissioner, Additional City Engineer and Executive Engineer or their

authorized representatives.

3. The “City Engineer/ Additional City Engineer/ Head of Department”, shall means the City Engineer/ Additional

City Engineer/ Head of Department related to respective department of Vadodara Municipal Corporation and shall

include those who are expressly authorized by him to act on his behalf and who is heading Drainage Department.

4. The “Executive Engineer”, shall means the Executive Engineer of Vadodara Municipal Corporation, who is in

charge of the project and shall include those who are expressly authorized him to act for and on his behalf.

5. The “Engineer in charge”, shall means the Deputy Executive Engineer of Vadodara Municipal Corporation, who

is in charge of the project and shall include those who are expressly authorized him to act for and on his behalf.

6. “The Contractor”, means the person or persons, firm or Company whose tender has been accepted by the Owner

and include the Contractor’s legal representatives, his successor and permitted assignees.

7. The term “Work or Works” of the contract shall mean all of the various classes of works to be executed in

accordance with the contract, whether temporary or permanent, and include all labour and material, machinery,

instruments, construction equipment, plant, plant operation and maintenance, all tools and all other items required

for the completion of the construction. It shall also mean the place of working, where the context so includes.

8. “Contract”, shall mean the Agreement between the VMC and the contractor for the execution of works including

therein all contract documents like Condition of Contract, Specification, Drawings, Prices Bill, Schedule of

quantities, Schedule of rates and prices (if any), work order and all tender.

9. The “Contract Price”, means the sum named in the Tender subject to such additional there to or deduction there

from as may be under the provisions hereinafter the contained.

10. “Construction Plant”, means all machinery, tools, appliances or thing of whatsoever nature required for the

execution, completion or maintenance of the works or temporary works (as hereinafter defined) but does not

include materials or other things form or forming part to the permanent work.

11. “Temporary Works”, means all temporary works of every kind required in or about the execution, completion or

maintenance of the works. The cost of such work associated with tender is included.

12. “Drawings”, means the drawings referred to in the Specification and any modification such drawings approved in

writing by the Head of the Department/Additional City Engineer / Executive Engineer, Consultant and such other

drawings, diagrams, or sketches as may from time to time be furnished or approved in writing by the Head of the

Department/Additional City Engineer / Executive Engineer.

13. “Site”, means the land and other places on under in or through which the permanent works are to be executed or

carried out & any other land or places provided by the Owner for purpose of the contract.

14. Words importing the singular number only also include the plural and vice versa where the context requires.

15. ” Contract Documents”, means collectively the Tender documents, Designs, Drawings, Specifications agreed

variations if any, contract such other documents constituting the Tender and acceptances thereof.

16. “The Specification”, shall mean the various technical specifications attached and referred to in the Tender

documents. It shall also include the latest edition of relevant Indian Standard Specification published before

entering into contract. Further in absence of any specific reference in I.S.S. the standards and specifications of

P.W.D.H.B. or GWSSB as the case may be will be followed as per the consent of Additional City Engineer.

17. The “Tender”, means the tender submitted by the contractor for acceptances by the Owner.

18. The “Alternation Order”, means the order given in writing by the Engineer-in-charge to effect to or deleting

from and alternations in the works.

19. The “Completion Certificates”, shall mean the certificate to be issued by the Additional City Engineer, when the

works have been completed to his satisfaction.

Clause - 1: Security Deposit and Performance Guarantee:

Refer clause 15 of ITB

Refer clause 34 of ITB

Clause 2: Liquidated Damages for Delay

Refer clause 49 of Conditions of contract

Clause 3: Default by Contractor

If the Contractor shall neglect or fail to proceed with work with due diligence or if he violates any of the

provision of the contract, the Engineer-in-Charge shall give the Contractor a notice identifying deficiencies in

performance and demanding corrective action. Such notice shall clearly state that it is given under the

provision of this clause. After services of such notice, the Contractor shall not remove any plant, equipment

and materials from the site. The VMC shall have lien on all such plant, equipment and material from date of

such notice till said deficiencies have been corrected as mentioned in the said notice.

If the Contractor fails to take satisfactory corrective action within ten days after receipt of such notice, the

Engineer - in - charge on behalf of VMC shall terminate the contract in whole. In case, the entire contract is

terminated, the amount of security deposit and performance bond if any together with value of the work done

but not paid for, shall stand forfeited to the VMC. The plants, equipment and materials held under this clause

shall then be at the disposal of the VMC to recover the amount equivalent to the liquidated damages and

registration of the contractor shall be kept in abeyance for three years from the date as fixed in all such cases.

The Engineer-in-Charge, if necessary, shall direct that a part or whole of such plant equipment and materials

be removed from the site within a stipulated period. If the contractor fails to do so the Engineer-in-Charge

shall cause them or any part of them to sold holding the net proceeds of such sale to the credit of the

contractor. After settlement of accounts, the lien by the VMC of the Contractor’s remaining plants, equipment

and balances of materials shall be released. Termination of contract in whole shall be an adequate authority for

the Engineer-in-Charge to demand discharge of the obligations from the guarantors of the security for the

Clause 4: Action when the progress of any particular portion of the work is unsatisfactory

If the progress of any particular portion of the work is unsatisfactory the Engineer-in-Charge shall,

notwithstanding that the general progress of the work is satisfactory, in accordance with the conditions

mentioned in Clause 2, be entitled to take action under Clause 3 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

Clause 5: Contractor remains liable to pay compensation if action not taken under Clauses 2, 3 &

In any case in which any of the powers conferred upon the Engineer-in-Charge by Clause 2, 3 & 4 hereof shall

have become exercisable and the same shall not have been exercised, the non-exercise thereof shall not

constitute a waiver of any of the conditions hereof and such power shall notwithstanding be exercisable in any

future case of default by the Contractor under any clause or clauses before 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 event of the Engineer-in-Charge taking action under

Clause 2,3 and 4, he may, if he so desired, take possession of all or any tools, plants, materials and stores, in or

upon work 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 current market rates to be certified by the Engineer In Charge

whose certificates thereof shall be final.

In the alternative the Engineer-in-Charge, may after giving a notice in writing to the Contractor or his clerk, or

the works Foreman or other authorized agent require him to remove such tools, plant, materials or stores from

premises within a time to be specified in such a notice and in the event of the Contractor failing to comply

with any such requisition the Engineer-in-Charge may remove them at the Contractor’s expenses or sell them

by auction to private sale at the risk and cost of the Contractor in all respects and the certificate of the

Engineer-in-Charge as to the expense of any such removal and the amount and the proceeds and expense of

any such sale shall be final and conclusive against the Contractor.

Clause 6: Extension of time limit / non-working days For the Work

Refer Section 3 part -B Clause 28 of ITB

Clause 7: Final Certificate (Read in Conjunction With Section 3 Part D Clause 42 of ITB)

On completion of the work, the Contractor shall have to submit completion certificate from PMC as well as

TPI. Then after he shall be furnished with a certificate by the Engineer In- Charge (hereinafter called the

Engineer-In-Charge, VMC) of such completion but no such certificate shall be given nor shall the work be

considered to be completed 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 off the dirt from all

wood work, Steel works, walls, floor or other parts of any building, in or upon which the work has been

executed or of which he may have had possession for the purpose of executing the work, nor until the works

shall have been measured by the Engineer-In-Charge, VMC or where the measurements have been taken by

his subordinates until they have received the approval of the Engineer-In-Charge, VMC, the said

measurements being binding and conclusive against the Contractor. If the Contractor shall fail to comply with

the requirements of this clause as to removal of scaffolding, surplus materials and rubbish and cleaning off dirt

on or before the date fixed for the completion of the work, remove such scaffolding, surplus materials and

rubbish and dispose off the same as he thinks fit and clean off 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 material as aforesaid except for any sum actually realized by the sale thereof.

Clause 8: Payments on intermediate bill to be regarded as advance

No payment shall be made for any work of estimated cost less than Rupees One Crore except for initial period

till after the whole of the said work shall have been completed and a certificate of completion given. But in the

case of works estimated to cost more than rupees One Crore, the Contractor shall, on submitting a monthly bill

therefore be entitled to receive payment proportionate to the part of the work then approved and passed by the

Engineer-In- Charge, VMC, whose certificate of such approval and passing of the sum so payable shall be

final and conclusive against the Contractor. All such intermediate payments shall be regarded as payments by

way of advance against the final payments only and not as payments for work actually done and completed

and shall not preclude the Engineer-In-Charge, VMC from requiring bad, unsound, imperfect or unskilled

work to be removed or taken away and reconstructed, or re-erected, nor shall any such payment be considered,

as an admission of the due performance of the contract or any part thereof in any respect, or the accruing of

any claim nor shall it conclude, determine, or effect in any way the powers of the Engineer-In- Charge, VMC

as to the final settlement and adjustment of the accounts or otherwise or in any otherwise or in any other way

vary or affect the contract. The final bill shall be submitted by the Contractor within three months of the date

fixed for the completion of the work, otherwise the Engineer-In-Charge, VMC’s certificate of the

measurements and of the total amount payable for the work shall be final and binding on all parties.

measurements and of the total amount payable for the work shall be final and binding on all parties.

Clause 9: Deleted.

Clause 10: Bills to be submitted monthly (Read in Conjunction With Section 3 Part D Clause 42 of ITB)

A bill shall be submitted by the Contractor each month on or before the date fixed by the Engineer-In-Charge,

VMC for all works executed in the previous month and the Engineer-In-Charge, VMC 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 the time fixed as aforesaid, the Engineer-In-Charge, VMC may depute a

subordinate to measure up the said work in the presence of the Contractor or his duly authorized agent whose

countersignature to the measurement list shall be sufficient warrant and the Engineer-In-Charge, VMC may

prepare a bill from such a list which shall be binding on the Contractor in all respects.

Clause 11: Bills to be on printed forms

The Contractor shall submit all bill on the printed forms to be had on application from the office of the

Engineer-In-Charge, VMC. 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 pursuance of those conditions and not mentioned or

provided for in the tender, at the rates hereinafter provided for such work.

Clause 12: Drawings, designs, instructions of the Engineer-In-Charge, VMC and specifications, order of

precedence in case of discrepancies.

The Contractor shall execute the whole and every part of the work in the most substantial and workman like

manner and both as regards materials and in other respects in strict accordance with specifications. The

Contractor shall also conform exactly, fully and faithfully to the design, drawings and instructions in writing

relating to the work signed by the Engineer-In-Charge, VMC and lodged in his office and to which the

Contractor shall be entitled to have an access for the purpose of inspection at such office or on the site of the

work during office hours.

Where the instructions referred to above are not contained in separate letters addressed to the contractor the

same shall be recorded in the work-order book, which shall be maintained and kept on the site of the work.

The contractor shall be required to sign such entries in the work- order book in token of having noted the

instructions. However, if the contractor fails to sign the work-order book for any reason whatsoever, the entry

of the instructions in the work-order book shall be deemed to be the due notice to him of the said instructions.

The work- order book shall be open for inspections to the contractor on the site of the work during office

hours. The various documents foregoing the contract are essential parts of the contract and a requirement

occurring in one is a binding as through in all. They are intended to be mutually explanatory and

complementary and to describe and provide for a complete work. In the event of any discrepancy in the several

documents forming the contract or in any one document, the following order of precedents should apply.

Dimension and quantities: (1) Drawings (2) Item of BOQ (price bid) (3) Specification and drawings, figured

dimensions, unless obviously incorrect, will be followed in preference to scaled dimensions.

Description: (1) Item of BOQ (price bid) (2) Drawings (3) Specifications. In the case of defective description

or ambiguity, the Engineer-In-Charge, VMC shall be entitled to make corrections and interpretations as

necessary to fulfill the plans and specifications.

Clause 13: Excess over tender Quantities, Extra items and Variations

Refer Section 3 Part D Clause 38 of ITB

Clause 14: No claim to any payment or compensation for alteration in or restriction of work

If at any time after the execution of the contract documents, the Engineer-In-Charge, VMC shall for any

reason whatsoever, require the whole or any part of the work, as specified in the tender, to be stopped for any

period or shall not require the whole or part of the work to be carried out at all or to be carried out by the

Contractor, he shall give notice in writing of the fact to the Contractor who shall thereupon suspend or stop the

work totally or partially, as the case may be. In any such case, except as provided hereunder the Contractor

shall have no claim to any payment or compensation whatsoever on account of any profit or advantage which

he might have derived from the execution of the work in full but which he did not so derive in consequence of

the full amount of the work not having been carried out, or on account of any loss that he may be put to on

account of materials purchased or agreed to be purchased or for unemployment of labour recruited by him. He

shall not have also any claim for compensation by reason of any alterations having been made in the original

specifications, drawings, designs and instructions, which may involve any curtailment of the work, as

originally contemplated. Where, however, the Contractor will be entitled for compensation for loss, if any on

the date of notice, the purchased materials or for the contract executed for the materials to be purchased for

such work. Such compensation will be paid for only actual loss for materials, if such materials so purchased or

agreed to purchase is of required quantity/quality and was purchased/contracted to be purchased for the same

work. But no compensation shall be granted to the Contractor on material for which advance has been given to

the Contractor by VMC. The amount of loss for such claim will be decided by Engineer- In-Charge, VMC,

whose decision shall be final. If the Contractor suffers any loss on account of his having to pay labour charges

during the period during which the stoppage of work has been ordered under this clause, the Contractor shall,

on application, be entitled to such compensation on account of labour charges as the Engineer- In-Charge,

VMC, whose decision shall be final, may consider reasonable. Provided the Contractor shall not be entitled to

any compensation on account of labour charges, if in the opinion of the Engineer-In-Charge, VMC, the labour

could have been employed by the Contractor elsewhere for the whole or part of the period during which the

stoppage of work has been ordered as aforesaid.

Clause 15: Time limit for unforeseen claims

Under no circumstances whatever shall the Contractor be entitled to any compensation from VMC on any

account unless the Contractor shall have submitted a claim in writing to the Engineer-In-Charge within one

month of the cause of such a claim occurring.

Clause 16: Action and compensation in case of bad work (Read in Conjunction with Section 3 Part C

Clause 35 and 36 of ITB)

If, at any time before the security deposit is refunded to the Contractor, it shall appear to the Engineer-In-

Charge, VMC or his subordinate in charge of the work, that any work has been executed with unsound,

imperfect or unskillful 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 for, or are

otherwise not in accordance with the contract, it shall be lawful for the Engineer-In- Charge, VMC 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

require, or if so required, shall remove the materials or articles so specified and provide other proper suitable

materials or articles at this 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, VMC in the written intimation aforesaid, the contractor shall be liable to

pay compensation at the rate of one percent on the amount of the estimate for every day nor exceeding ten

days, during which the failure so continues and in the case of any such failure as aforesaid the Engineer-In-

Charge, VMC may rectify or remove and re- execute the work or remove and replace the materials or articles

complained of as the case may be at the risk and expense in all respect of the Contractor should the Engineer-

In- Charge, VMC 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.

However, the contractor shall be responsible for the normal maintenance of the work till the final bill of the

work is prepared by the Departmental Officer.

Clause 17: Deleted

Clause 18: Works 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 and supervision of the Engineer-In-Charge, VMC and his subordinates and the Contractor shall

at all times during the usual working hours, and at all his subordinate to visit the works shall have been given

to the Contractor, either himself be present to receive orders and instructions, or have a responsible agent duly

accredited in writing present for the 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/herself.

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 of the work or materials, failing this the same may be provided by the Executive

Engineer at the expense of the contractor and the expense may be deducted from any money due to the

contractor under the contract or from his Security Deposit. The contractor shall provide all necessary fencing

and lights required to protect the public from accident and shall also be bound to bear the expense of defence

of every suit, action or other legal proceedings, at law, that may be brought by any person for injury sustained

owing to neglect of the above precautions, and to pay any damages and costs which may be awarded in any

such suit, action or proceedings to any such persons or which may be with the consent of the contractor be

paid in compromising any claim by any such person.

Clause 18A: Employment of a qualified site Engineer by the Contractor.

The contractor shall employ full-time technically qualified staff during the execution of this work as specified

in this tender. The Engineers so employed for the Government work must have sufficient experience to handle

the work independently. Such an Engineer shall have to stay at the site of work and he shall not be entrusted

with other duty except this work. In case the contractor or partner of the contractor firm is a Civil Graduate

Engineer, Employment of the separate Engineer will not be necessary provided that the Engineer partner

himself attends the execution of work on the site.

At least 1 No. of Construction Engineer (Diploma In Civil Engg.) shall be deputed for full time. In the

Absence Rs. 1000/- per Day will be deducted from Bill. (not only for engineer for all staff)

Clause 19: Notice to be given before work is covered up

The Contractor shall give not less than five days’ notice in writing to the Engineer-In- Charge, VMC or his

subordinate in charge of the work before covering up or otherwise placing beyond the reach of measurement

any work in order that the same may be measured and correct dimensions thereof taken before the same is so

covered up or placed beyond the reach of measurement and shall not cover up or place beyond the reach of

measurement without the consent in writing of the Engineer-In-Charge, VMC of 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 Contractor’s expense and in default

thereof no payment or allowance shall be made for such work or for the materials with which the same was

Clause 20: Contractor liable for damage and for imperfections for months after Payment of RA or

completion certificate

If the Contractor or his workmen, or servant shall break, deface, injure or destroy any part of a building in

which they may be working or any building, road, fence, enclosure or grass land or cultivated ground

continuous to the premises on which the work or any part thereof is being executed or if any damage shall be

done to the work from any cause whatever while it is in progress or if any imperfections become apparent in it

within one year from the grant of a certificate of completion, final or otherwise, by the Engineer-In-Charge,

VMC, the Contractor shall make good the same at his own expenses or in default, the Engineer-In-Charge,

VMC may cause the same to be made good by other workmen, and deduct the expenses (of which the

certificate of the Engineer- In-Charge, VMC shall be final) from any sums that may then be due or may

thereafter become due to the Contractor or from his security deposit or the proceeds of sale thereof or as

sufficient portion thereof.

Clause 20A: Force majeure

Any delays in or failure of the performance of either part hereto shall not constitute default hereunder or give

rise to any claims for damages, if any to the extent such delays or failure of performance is caused by

occurrences such as acts of God or the public enemy appropriation or confiscation of facilities by Government

authorities act of war, rebellion or subterfuge or fire, flood, explosion, riots or illegal strikers. The contractor

shall keep records of the circumstances referred to above and bring these to the notice of Purchaser/Client in

writing immediately on such occurrences.

Clause 21: Contractor to supply plant ladders scaffoldings, etc. and is liable for damage arising from

non- provision of lights, fencing etc.

The Contractor shall supply at his own cost all materials, (except such special material, if any, as may, in

accordance with the contact be supplied from the VMC Store) plant, tools, appliances, implements, ladders,

cordage, tackle, scaffolding, shoring, strutting and any temporary works which may be required for the proper

execution of the work, whether in the original, altered or sustained form and whether included in the

specifications, 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, VMC as to any matter or to which under these conditions he is entitled to be satisfied, or which he is

entitled to required together with carriage therefore to and from the work. The Contractor shall also supply

without charges the requisite number of persons with the means and materials necessary for the purpose of

setting out works and counting, weighting and assisting in the measurement or examination at any time and

from time to time of the work or the materials. Failing this, the same may be provided by the Engineer- In-

Charge, VMC at the expense of the Contractor and the expenses may be deducted from any money due to the

Contractor under the contract or from this security deposit or the proceeds of sale thereof or of a sufficient

portion thereof. The Contractor shall provide all necessary fencing and light required to protect the public from

accident and shall also be bound to bear the expenses of defence of every suit, action or other legal

proceedings, at law that may be brought by any person for injury sustained owing to neglect of the above

precautions and to pay any damage and costs which may be awarded in any such suit, action or proceeding to

any such person, or which may, with the consent of the Contractor be paid in compromising any claim by any

such persons. Further,

The contractor to indemnify the VMC

The VMC shall not be liable for or in respect of any damages or compensation payable by law in respect or in

consequence of any accident of injury to any workman or other person in the employment of the contractor or

his any sub-contractor or any other outside person/persons and contractor shall indemnify the VMC against

such damages and compensation and against all claims, demands, proceedings, costs, charges, expenses

whatsoever in respect thereof or in relation thereto.

Payments of Claims and Damages

VMC have to pay any money in respect of such claims or demands as aforesaid the amount so paid and the

costs incurred by the VMC shall be charged to and paid by the contractor and the contractor shall not be at

liberty to dispute or question the right of the VMC to make such payments notwithstanding the same may have

been made without his consent or authority or in law or otherwise to the contrary.

The contractor shall provide suitable scaffolds, and working platforms, gangways and stairways and shall

comply with the following regulations in connection therewith:

a) Suitable scaffolds shall be provided for workmen for all work that cannot be safely done from ladder or by

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

1. A scaffold shall not be constructed, taken down or substantially altered except:

2. As far as possible by competent workers possessing adequate experience in this kind of work.

c) All scaffolds and appliances connected therewith and all ladders shall: -

1. Be of adequate strength having regard to the loads and strains to which they will be subjected,

2. Be maintained in proper condition.

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 so far as practicable the load shall be evenly distributed.

f) Before installing the lifting gear on scaffolds special precautions shall be taken to ensure the strength

stability of the scaffolds.

g) A competent person shall periodically inspect scaffolds.

h) Before allowing a scaffold to be used by his workmen, the Contractor shall, whether the scaffold

has been erected by his workmen or not, take steps to ensure that it complies fully with regulations

herein specified.

i) Working platforms, gangways and stairways shall: -

1. Be so constructed that no part thereof can sag unduly or unequally.

2. 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

3. Be kept free from any unnecessary obstruction

j) In this case of working platforms, gangways, working places, and stairway at a height exceeding

3.25 meters (To be specified).

1. Every working platform and every gangway shall be closely boarded unless other adequate

measures are taken to ensure safety. Every working platform and gangway shall have adequate

2. Every working platform, gangway, working place and stairway shall be suitably fenced.

k) Every opening in the floor of a building or in a working platform shall, except for the time and to

the extent required to allow the access of person or the transport or shifting or materials be

provided with suitable means to prevent the fall of persons or materials.

l) When persons are employed on a roof where there is a danger of falling from a height exceeding

3.25 meters (to be prescribed) suitable precaution shall be taken to prevent the fall of persons on

m) Suitable precautions shall be taken to prevent persons being struck by articles which might fall

from scaffolds or other working places.

n) Safe means of access shall be provided to all working platforms and other working places.

Contractor shall comply with the following regulation as regards the Hoisting Appliances to be used by him:

a) Hoisting machines and tackle including their attachment anchorage and support shall:

1. Every working platform and every gangway shall be closely boarded unless other adequate

measures are taken to ensure safety. Every working platform and gangway shall have adequate

2. Every working platform, gangway, working place and stairway shall be suitably fenced.

b) Every rope used in hoisting or lowering materials 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 erection on the site

and before use and be re-examined in position at intervals to be prescribed by Engineer- In-

d) Every chain, ring, hook, shackle, swivel and pulley block used in hoisting of lowering, materials

or as a means of suspension shall be periodically examined.

e) Every crane driver or hoisting appliance-operator shall be properly qualified.

f) No persons who are below the age of 14 years shall be in control of any hoisting machine,

including any scaffold nor shall 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 means.

h) Every hoisting machine and all gear referred to in the proceeding regulation shall be plainly

marked with the safe working load.

i) In the case of a hoisting machine having a variable safe working load, each safe working load and

the conditions under which it is applicable, shall be clearly indicated.

j) No part of any hoisting machine or of any gear referred to in regulation `g’ above shall be loaded

beyond the safe working load except for the purpose of testing.

k) Motors, gearing, transmissions, electric wiring and other dangerous parts of hoisting appliance

shall be provided with sufficient safeguards.

l) Hoisting appliances shall be provided with such means as will reduce to a minimum the risk of the

accidental descent of the load.

m) Adequate precaution shall be taken to reduce to a minimum the risk of any part of a suspended

load becoming accidentally displaced.

Clause 22: Measures 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 this own arrangement for drinking water for the labour employed by him/her.

Clause 23: Liability of contractor for any damage done in or outside work area

Compensation for all damages done intentionally or unintentionally by Contractor’s labours, whether

in or beyond the limits of VMC property, including any damage caused by the spreading of fire

mentioned in clause 22, shall be estimated by the Engineer-In-Charge, VMC, subject to the decision

of the Engineer-in-Charge, 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,

VMC from any sums that may be due to or become due from VMC to the Contractor under this

contract or otherwise.

The Contractor shall bear the expense of defending any action or other legal proceedings 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 damage and cost that may be awarded by the court in

Clause 24: deleted

Clause 25: Work on Sunday/Holiday

No work shall be done on a Sunday/Holiday without the sanction in writing of the Engineer-In-

Clause 26: Work not to be sublet. The contract may rescind and security deposit forfeited for

subletting it. (Read in Conjunction with Point 13 of Contract Data).

The contract shall not be assigned or sublet without the written approval of the Engineer-In- Charge,

VMC. And if the Contractor shall assign or sublet his contract, or attempt to do so or become

insolvent or commence any proceedings to get himself adjudicated as an insolvent or make any

compromise with his creditors or attempt to do so, the Engineer-In-Charge, VMC may, by notices 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 or offered by the

Contractor, or any of the servants or agents to any public officer or person in the employ of VMC in

any way relating to his office or employment, or if any such officer or person shall become in any

way directly interested in the contract , the Engineer-In-Charge, VMC may thereupon, by 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 VMC and the same consequences shall ensure as if the

contract had been rescinded under Clause 3 hereof and in addition the Contractor shall not be entitled

to recover or be paid for any work therefore actually performed under the contract. VMC will ask to

contractor to provide the Invoices of Purchase materials for checking.

Clause 27: Sum payable by way of compensation to be considered as reasonable compensation

without reference to actual loss.

All sums payable by a Contractor by way of compensation under any of these conditions shall be

considered as a reasonable compensation to be applied to the use of VMC without reference to the

actual loss or damage sustained and whether any damage has or not been sustained.

Clause 28: Changes in the constitution of firm to be notified

In the case of a tender by partners, any change, in the constitution of a firm shall be forthwith notified

by the Contractor to the Engineer-In-Charge, VMC for his information.

Clause 29: Works to be under direction of Engineer-in-Charge

All works to be under the contract shall be executed under the direction and subject to the approval in

all respects of the Engineer-in-Charge of the VMC who shall be entitled to direct at what point or

points and in what manner are to be commenced and from time to time carried on.

Clause 30: Settlement of Dispute Arbitration

(Refer Clause 24.3-part A of Section 3 of ITB)

Clause 31: Decision of Engineer-In-Charge, VMC to be final (Read in Conjunction with Section

3 Part A Clause 4 of ITB)

Except where otherwise specified in the contract and subject to the powers delegated to him/her by

VMC, the code, rules then in force the decision of the Engineer-In-Charge, VMC shall be final,

conclusive and binding but subject to arbitration, if the contractor is not satisfied with the meaning of

the specifications, designs, drawings, and instructions herein before mentioned and as to the quality

or workmanship, or materials used on the work or as to any other question, claim, right, matter or

thing whatsoever, in any way arising out of or relating to the contract, designs, drawings,

specifications, estimates, instructions, orders of these conditions or otherwise concerning the works

or the execution of failure to execute the same, whether arising during the completion or

abandonment thereof.

Clause 32: Access to the Site

The contractor shall arrange to construct, maintain and afterwards remove and reinstate any

temporary access required for and in connection with execution of the works. Reinstatement shall

include restoring the area of the access route to at least the degree of safety, stability, drainage and

appearance that existed before the Contractor entered the site.

Clause 33: Lump sum in estimates (If Applicable)

When the estimate on which a tender is made include Lump sum in respect of parts of the work, the

Contractor shall be entitled to payment in respect of the items of work involved or the part of the

work in question at the same rates as are payable under this contract for such items or if the part of

the work in question is not in the opinion of the Engineer-In-Charge, VMC capable of measurement,

the Engineer-In- Charge, VMC may, at his discretion, pay the Lump sum amount entered in the

estimate and the certificate in writing of the Engineer-In-Charge, VMC shall be final and conclusive

against the Contractor with regard to any sum or sums payable to him under the provisions of this

Clause 34: Deleted

Clause 35: Deleted

Clause 36: Deleted

Clause 37: Royalties

The contractor shall pay the royalty to the competent authority/local body as per rules and shall

produce “No Due Certificate” from the Royalty Inspector having jurisdiction over the work site area,

to the Engineer-In- Charge, VMC before claiming refund of Security Deposit. The royalty charges

paid shall not be refunded to the Contractor.

Clause 38: Compensation under the Workmen’s Compensation Act (Read in Conjunction with

Section 3 Part F Clause 64 of ITB)

The Contractor shall be responsible for and shall pay any compensation to his workmen payable

under the Workmen’s Compensation Act, 1923 (VIII of 1923), (hereinafter called the said Act) for

injuries caused to the workmen. If such compensation is paid by VMC as principal under sub-section

(1) of section 12 of the said Act on behalf of the Contractor, it shall be recoverable by VMC from the

contractor under sub-section (2) of the said section. Such compensation shall be recovered in the

manner laid down in Clause 1 above.

In every case in which by virtue of the provisions sub-section (1) of Section 12, of the Employee’s

Compensation Act, 1923, Employer is obliged to pay compensation to a workman employed by the

Contractor, in execution of the Works, Employer will recover from the Contractor the amount of the

compensation so paid; and, without prejudice to the rights of the Employer under sub-section (2) of

Section 12, of the said Act, Employer shall be at liberty to recover such amount or any part thereof by

deducting it from the Security Deposit or from any sum due to the Contractor whether under this

Contract or otherwise. Employer shall not be bound to contest any claim made against it under sub-

section (1) Section 12, of the said Act, except on the written request of the Contractor and upon his

giving to Employer full security for all costs for which Employer might become liable In

Consequence of contesting such claim.

Clause 39: Liability of the Contractor in case of accidents

The contractor shall be responsible for and shall pay the expenses of providing medical aid to public

or to any workmen who may suffer a bodily injury as a result of an accident. If such expenses are

incurred by Government, the same shall be recoverable from the Contractor forthwith and be

deducted, without prejudice to any other remedy of Government, from any amount due or that may

become due to the Contractor. For any accident due to this work, Agency is fully responsible in all

Clause 39A: Medical Aid to Workmen

The contractor shall be responsible for and shall pay the expenses of providing medical aid to any

workmen who may suffer a bodily injury as a result of an accident. If VMC incurs such expenses, the

same shall be recoverable from the Contractor forthwith and be deducted, without prejudice to any

other remedy of VMC, from any amount due or that may become due to the Contractor.

Clause 39B: Safety and First Aid

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 them in the same condition suitable

for immediate use at any time and shall comply with the following regulations in connection

1. The workers 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.

2. When work is carried on in proximity to any place where there is a risk of drowning, all necessary

equipment shall be provided and kept ready for use and all necessary steps shall be taken for the

prompt rescue of any person in danger.

3. Adequate provision shall be made for prompt first aid treatment of all injuries likely to be

sustained during the course of the work.

Clause 40: Claim for quantities of work entered in the tender or estimate

Quantities shown in the tender are approximate and no claim shall be entertained for quantities of

work executed being either more or less than those entered in the tender or estimate.

Clause 41: Deleted

Clause 42: Claim for compensation for delay in starting the work

No compensation shall be allowed for any delay caused in the starting of the work on account of

acquisition of land or in the case of clearance works on account of any delay in according to sanction

Clause 43: 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 of hard or cracked soil, excavation

in mud, sub-soil water or water standing in borrows pits and no claim for an extra rate shall be

entertained unless otherwise expressly specified.

Clause 44: Entering upon or commencing any portion of work

The Contractor shall not enter upon or commence any portion of work except with written authority

and instructions of the Engineer-In-Charge, VMC 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 45: DELETED

Clause 46: Method of payment (Read in Conjunction with Section 3 Part D Clause 43 of ITB)

Payment of Contractors shall be made by cheque / through ECS drawn on Bank within the division

convenient to VMC. The contractor shall intimate in writing about details of account as & when

Any sum of money due and payable to the Contractor (including the security deposit returnable to the

under this Contract shall be appropriated by the VMC and shall be set off against any claim of the

contractor with the VMC for the payment of a sum of money arising out of or under any other

contract made by the Contractor with the VMC. When no such amount of the purpose of the recovery

from the Contractor against any claim of the VMC is available, such a recovery shall be made from

the Contractor as arrears of land revenue.

Clause 47: Acceptance of conditions compulsory before tendering for work

Any Contractor who does not accept these conditions shall not be allowed to tender for works.

Clause 48: Employment of Scarcity Labour

If Government declares a state of scarcity or famine to exist in any village situated within

kilometres of the work, the piece worker/contractor shall employ upon such parts of the work as are

suitable for unskilled labour, any persons certified to him by the Engineer-in-Charge, or by any

person to whom the Engineer-in-Charge may have delegated this duty in writing to be in need or

relief and shall be bound to pay such persons wages not below the minimum which VMC may have

fixed in this behalf. Any disputes, which may arise in connection with the implementation of this

clause, shall be decided by the Engineer-In-Charge VMC whose decision shall be final and binding

on the piece worker/Contractor.

Clause 49: Prices quoted by the Contractor

Refer clause 12 of IFB

Clause 50: Rates inclusive of all Taxes

Refer clause 45 of part D of section 3of IFB

Clause 51: Deleted

Clause 52: Fair Wages

Refer Section 3 Part F Clause 64 of ITB

Clause 53: Shed for Materials

The Contractor will have to construct shed for storing materials with locking arrangements. The

materials will be taken for use in the presence of the departmental persons. No material will be

allowed to be removed from the site of work.

Clause 54: List of Machinery

The Contractor shall also give a list of machinery (Annexure-08) in his possession and which he

proposes to use on the work.

Clause 55: Deleted

Clause 56: Deleted

Clause 57: Deleted

Clause 58: Pure and wholesome water for labourers

The Contractor shall provide an adequate supply of pure and wholesome water for the use of

labourers. This provision shall be at the rate of not less than 10 gallons per head; no provision need

be made where there is a suitable nallah, river or well within 250 metres of the camp.

a) The Contractor shall construct trench or semi-permanent latrines for the use of the labourers; such

latrines shall be on the scale of not less than 5 per 100 persons in the camp, separate latrines shall

be provided for system.

b) The Contractor shall build a sufficient number of huts on a suitable plot of land for the use of the

labourers according to the following specification:

1. Huts of bamboo and grass may be constructed.

2. A good site shall be selected. High ground, removed from jungle but well provided with trees, shall be

chosen wherever it is available. The neighbourhood of tank, jungle, and grasses avoided. Camps should

not be established close to large cutting or cuttings of earthwork.

3. The lines of huts shall have open spaces of at least 4 meters between rows. When a good natural site

cannot be procured, particular attention should be given to the drainage.

4. There should be no overcrowding. Floor space at the rates of 30 square feet per head shall be provided.

Care should be taken to see that the huts are kept clean and in good order.

c) The Contractor shall construct a sufficient number of bathing places, every unit of 20 persons being

provided with a separate bathing place. Such bathing places should be suitably screened, and separate place

provided for men and women. Washing places should also be provided for the purpose of washing clothes.

Every unit of 30 persons shall have at least one washing place.

d) The Contractor shall make efficient arrangements for draining away the sullage water as well as water from

the bathing and washing places and shall dispose off this waste water in such a way as not to cause

e) The Contractor shall engage medical officer with a traveling dispensary for a camp containing 500 or more

persons if there is no other private dispensary situated within 8 kilometers from the camp.

f) The Contractor shall provide the necessary staff for effecting the satisfactory conservancy and cleanliness of

the camp to the satisfaction of the VMC Officers. At least one sweeper per 200 persons should be engaged.

g) The Engineer-In-Charge VMC shall be consulted before opening a labour camp and his instructions on

matters, such as, the water supply, sanitary convenience, the camp site, accommodation and food supply shall

be followed by the Contractor.

1. The authorities in charge of the colonies should get the labourers inoculated against Cholera, and

Plague at the time of recruitment if they are not inoculated or vaccinated within 6 months prior to

and date of recruitment.

2. When in any labour camp there is an outbreak of an epidemic disease or is threatened with such an

outbreak the authorities in charge of the labour camps should ensure that all the inmates of the labour-

colonies are inoculated or vaccinated, as the case may be depending on the disease, within 72 hours after

3. The authorities, in charge of the labour colony should arrange to communicate by telegram

regarding the outbreak of the epidemic diseases, on the very day of the outbreak to the Engineer-

4. When the authorities, in charge of the labour colony suspect or have reason to believe that any inmate of

the labour colony is suffering from the infections or contagious disease, they shall forthwith arrange for the

segregation of such persons in isolated huts to be specifically provided for the purpose and also for their

5. As regional malaria epidemic outbreaks are likely to occur in such project areas, the authorities in

charge of Health Office of the VMC and also arrange to institute all necessary anti-malaria

measures as may be advised by the Health Officer.

The authorities in charge of the colonies should also arrange to carry out any other measures that may

be recommended by the officials of the Health Department necessary to prevent or control the spread

Clause 59: No distinction between Harijans and other workers

The contractor shall not show any distinction between Harijan and other class of labourers/workers

employed to carry out the VMC work.

Clause 60: Fencing and Lighting

The contractor shall, unless, otherwise specified, be responsible for the proper fencing, lighting,

grading and taking of the necessary safety measures for all works comprised in the same may be

rendered necessary by reasons of the work for the accommodation of workmen, for passengers or

other traffic and of owners and of and occupiers of adjacent property and the public and shall remain

responsible for any accidents that may occur on account of his failure to take proper and timely

precautions. All the arrangements made for fencing and lighting shall be maintained by the

Contractor throughout the currency of the contract till the physical taking over the work by

Clause 61: Liabilities for accidents to person

Refer Section 3 Part F Clause 64 of ITB

Clause 62: Reports regarding labour

The Contractor shall submit the following reports to the Engineer-In-Charge, VMC:

A daily report in the form as may be prescribed of the strength of labour both skilled and unskilled

employed by him on the work(s). The Contractor shall increase or decrease the strength, both skilled

and unskilled, if directed by the Engineer-In-Charge, VMC. The submission of such report shall not,

however, relieve the Contractor of the responsibilities and duties regarding progress or any other

obligation under the Contract. A classified weekly return in the prescribed form of the number of

persons employed on the works during the preceding week. A weekly medical report in the report in

the prescribed form showing the health of the Contractor’s camp, the number of persons ill or

incapacitated and the nature of their illness. A report of any accident which may have occurred, to be

sent within 24 hours of the occurrence. Such other reports as may be prescribed.

Clause 63: Treasure trowel

In the event of discovery by the Contractor or his employees, during the progress of work of any

gold, silver, oil or other minerals of any description and precious stones, treasures, coils, antiquities,

relic fossils or other articles or value of interest whether geological, archaeological or any other such

treasure & other things shall be deemed to be absolute property of the Government and the

Contractor shall duly preserve the same to the satisfaction of the Engineer- In-Charge, VMC, from

time to time, and deliver the same to such persons as the Engineer- In- Charge, VMC may appoint.

The Contractor shall take all reasonable precautions to prevent his workmen or any other person from

removing or damaging any such articles or things, immediately after the discovery there of and

before removal acquaint Engineer-In-Charge, VMC with such discovery and carry out these orders

for the disposal of the same.

Clause 64: Indemnity

The Contractor shall indemnify the Government against all actions, suits claims and demands

through or made against the department in respect of work of this contract and against any loss or

damage to Department in consequence of any action or suit being brought against the Contractor for

anything done or omitted to be done in execution of the work of this contract.

Clause 65: Insurance taxes and duties Insurance:

Refer Section 3 Part A Clause 13 of ITB

Clause 66: Cement Register

A register in the prescribed form showing day-to-day receipt, consumption and balance of cement on

site of work will be maintained by the Department, which shall invariably be signed daily by the

Contractor or his authorized representative in token of its correctness.

Clause 67: Deleted

Clause 68: License for contract labour

Before starting the work, the Contractor will have to obtain the license from the District Assistant

Labour Commissioner under the Contract Labour (Regulation and Abolition) Act 1970 and contract

number of labourers to be employed on the work and will have to supply two true copies of the said

license to the Deputy Executive Engineer before the work is started.

Clause 69: Liability of the Contractor in case of Fraud, Dishonest and Fraudulent concealment.

Certificate of payment issued by Architect/Owner during the progress of the works or after their

completion shall not relieve the Contractor from his liability under all or any of the clause(s) in this

contract. In case of fraud, dishonesty or fraudulent concealment relating to the works or material or to

any matter dealt in with the certificate and in case of defects and insufficiencies in the works or

material which any reasonable examination would not have disclosed the certificate issued by

Architect/Owner shall not be considered as a conclusive evidence that any work and material to

which it relates or in accordance with the contracted and such a certificate shall be considered to have

been obtained by the contractor by fraud or misrepresentation and it shall be liable to the cancelled or

Clause 70: DELETED

Clause 70A: DELETED

Clause 71: Forfeiture/Termination

Refer Section 3 Part E Clause 59 of ITB

Clause 71 A: Valuation at date of forfeiture

The owner shall as soon as may be practicable after his entry consequent upon the expulsion of the

Contractor fix and determine expert or by or after reference to the parties or after such investigations

or inquiries as he may think fit to take or institute and shall certify what amount ( if any) which had at

the time of such entry and expulsion become reasonably due to the Contractor in respect of work then

actually done by him under the contract including the value of any unused or partially used materials,

any constructional plant and any temporary works which are taken over by owner under his exclusive

Clause 71 B: Payment after Forfeiture

Refer Section 3 Part E Clause 60 of ITB

Clause 72: If the Contractor dies

Without prejudice to any of the rights or remedies under this contract, if the Contractor dies owner

shall have option of terminating the contract without any compensation to the Contractor.

Clause 73: Insolvency and breach of contract

The VMC may at any time, by notice in writing, summarily terminate the contract without

compensation to the contractor in any of the following events:

1. If the contractor, a firm or any partner thereof, shall be at the time adjusted insolvent or shall have

a receiving order for administration of his estate made against him or shall take any proceedings

for composition under any Insolvency Act for the time being in force to make any conveyance or

assignment of his assets or enter into any arrangement or composition with his creditors or

suspend of payment if the firm is dissolved under the partnership Act.

2. If the contractor being a company is wound up voluntarily by the order of a court or receiver,

liquidator or Manager on behalf of the debenture holders is appointed or circumstances shall have

arisen which entitled the court or Debenture holders to appoint a receiver liquidator or Manager.

3. If the contractor commits any breach of the contract not herein specifically provided any right of

action or remedy which shall have occurred or shall occur thereafter and provided also the

contractors be liable to pay the VMC for any extra expenditure he is thereby put to and the