Devlopment of Cat Complex At Sri Sayajibaug Zoo

VOLUME – I TECHNICAL BID

THE EXECUTIVE ENGINEER

VADODARA MUNICIPAL CORPORATION

TENDER DOCUMENT PREPARED BY PROJECT MANAGEMENT

M/S GREENPRO INDIA CONSULTANTS PVT LTD, MUMBAI

Sr No Section Description Page No

1 Invitation for Bid (IFB)

2 Section -1 Instructions to Bidders

3 Section -2 Qualification Information

4 Section -3 Conditions of Contract

5 Section -4 Contract Data

6 Section -5 Technical Specification

7 Section -6 Form of Bid

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

10 Section -9 Drawings ---

11 Section -10 Documents to be furnished by Bidder

INVITATION FOR BID

Notice Inviting On-line Tender

Details about Tender:

Department Name

Vadodara Municipal Corporation

Zoo Department, Sri sayajibaug Zoo,Vadodara

Circle/Division

e-Tender Notice No.

IFB No / Tender Notice No. Zoo Department, Sri sayajibaug Zoo, Vadodara

Name of Project PROPOSED DEVELOPMENT OF CAT COMPLEX AT SRI

SAYAJIBAUG ZOO,VADODARA.

Name of Work PROPOSED DEVELOPMENT OF CAT COMPLEX AT SRI

SAYAJIBAUG ZOO,VADODARA.

Estimated Contract Value (INR) Rs. 04,16,58,704/-

Period Of Completion (in Months) 12 Months

Bidding Type Open

Tender Currency Type Single

Tender Currency Settings Indian Rupee (INR)

Joint Venture Not Applicable

Rebate Not Applicable

Bid Document Fee: Rs. 10,000/-

Bid Document Fee Payable To: Municipal Commissioner, Vadodara.

Bid Security/EMD (INR):

Bid Security/EMD In Favour Of:

Municipal Commissioner, Vadodara.

Bid Document Downloading Start Date Dt.30/09/2026

Bid Document Downloading End Date Dt.23/10/2026

Pre-Bid Meeting Dt.08/10/2026 at 04.00 PM

Last Date & Time for Online Submission

Bid Validity Period 120 Days After Last Date of Tender Submission

Submission of EMD, Tender fee and other Documents

during office on date

Remarks Dt.26/10/2026 up to 16:00 hrs. Executive Engineer,

Sayajibaug Zoo, Gate 04 Sayajibaug, Nr Bal Bhavan,

Karelibaug, Vadodara-390018

Technical Bid Opening Date Dt.26/10/2026 Up to 17:00 hrs.

Officer Inviting Bids: Municipal Commissioner, VMC, Vadodara

Bid Opening Authority: Municipal Commissioner, VMC, Vadodara

Contact Details: Municipal Commissioner, VMC, Vadodara

Vadodara Municipal Corporation.

KHANDERAO MARKET BUILDING, VADODARA

MEMORANDUM OF WORK

Municipal Commissioner invites online e-tenders from interested contractors for

PROPOSED DEVELOPMENT OF CAT COMPLEX AT SRI SAYAJIBAUG

1 Name of work PROPOSED DEVELOPMENT OF CAT COMPLEX AT

SRI SAYAJIBAUG ZOO,VADODARA.

3 Tender Validity Period 120 Days After Last Date of Tender Submission

4 Eligibility Criteria General Experience:

• The bidder must be a registered contractor in “A” class

and above under PWD, Govt. R&B / CPWD / VMC or

equivalent as per the norms of the relevant state

government or institutions. In case of non-registration

with VMC, the bidder must get registered after receiving

the work order.

• The bidder should have experience of having successfully

completed similar type of work during the Last 10 Years

ending Last day of Month previous to the one in which

applications are invited and should be either following:

o Single Work: One similar work completed

costing not less than the Amount Equal to 80%

of the Total estimated cost.

o Two Works: Two similar works completed

costing not less than the Amount equal to 50%

of the Total estimated cost.

o Three Works: Three similar works completed

costing not less than the Amount equal to 40%

of the Total estimated cost, in the last 10 years.

Definition of Similar Nature of Work: Similar nature of

work means the work of Zoo Enclosure, which includes

G.R.C/FRP/Ferrocement work, Civil work along with Supply

and installation work of Sandwich type Laminated Toughen

Note: Regarding Experience of Similar nature of work, it is

mandatory for the bidder to submit the Form 3(A) & BOQ or Final

Bill showing the Amount and Quantity of work required for

Eligibility Criteria the Documents should be Duly signed by the

Responsible Officer with Outward number.

Without Form 3A & BOQ or Final Bill with Outward number

experience will not be considered and failing to attach required

Documents will be viable of the Bidder to Disqualification from

FOLLOWING CRITERIAS FOR CIVIL, GRC AND

SANDWICH TYPE LAMINATED TOUGHEN GLASS

MUST BE CONSIDERED.

1)Civil Work — Eligibility

Experience of having successfully completed similar works

during the last 05 years ending last day of the month previous

to the one in which applications are invited should be either of

o Single Work: One Civil work completed costing

not less than the Amount Equal to 80% of the

Civil Work estimated cost.

o Two Works: Two Civil similar works completed

costing not less than the Amount equal to 50%

of the Civil Work estimated cost.

o Three Works: Three similar works completed

costing not less than the Amount equal to 40%

of the Civil Work estimated cost in the last

Note: Regarding Experience of Civil work, The civil work

includes construction of Hospital, sports complex work, Office

Building work not Pipeline, Road work and Drainage work. it is

mandatory for the bidder to submit the Form 3(A) & BOQ or Final

Bill showing the Amount and Quantity of work required for

Eligibility Criteria the Documents should be Duly signed by the

Responsible Officer with Outward number.

Without Form 3A & BOQ or Final Bill with Outward number

experience will not be considered and failing to attach required

Documents will be viable of the Bidder to Disqualification from

2)GRC Work — Eligibility

Experience of having successfully completed

GRC/FRP/Ferrocement works during the last 05 years ending

last day of the month previous to the one in which applications

are invited should be either of the following:

o Single Work: One GRC/FRP/Ferrocement

work completed costing not less than the

Amount Equal to 80% of the GRC Work

estimated cost.

o Two Works: Two similar works completed

costing not less than the Amount equal to 50%

of the GRC/FRP/Ferrocement work estimated

o Three Works: Three similar works completed

costing not less than the Amount equal to 40%

of the GRC/FRP/Ferrocement work estimated

cost in the last 05 years.

Note: Regarding Experience of GRC Work, the contractor must

have experience of involving the installation and fixing of

GRC/FRP/Ferrocement Panels for Animal Exhibits for Zoos,

Wildlife Park, aquariums in the Last 05 Years it is mandatory for

the bidder to submit the Form 3(A) & BOQ or Final Bill showing

the Amount and Quantity of work required for Eligibility Criteria

the Documents should be Duly signed by the Responsible Officer

with Outward number.

Without Form 3A & BOQ or Final Bill with Outward number

experience will not be considered and failing to attach required

Documents will be viable of the Bidder to Disqualification from

3)Sandwich Type Laminated Toughen glass- Eligibility

Experience of having successfully completed Sandwich type

Laminated Toughen Glass work during the last 05 years

ending last day of the month previous to the one in which

applications are invited should be the following.

o Single Work: One Sandwich type Laminated Toughen

Glass work completed should not be less than the 80%

of Tender Quantity. i.e. 38 Square Meter.

Note: Regarding Experience of Sandwich Type Laminated

Toughen Glass, the contractor must have experience of involving

the installation and fixing of Sandwich Type Laminated Toughen

Glass for Animal Exhibits for Zoos, Wild-life Park, aquariums in

the Last 05 Years. it is mandatory for the bidder to submit the

Form 3(A) & BOQ or Final Bill showing the Amount and

Quantity of work required for Eligibility Criteria the Documents

should be Duly signed by the Responsible Officer with Outward

Without Form 3A & BOQ or Final Bill with Outward number

experience will not be considered and failing to attach required

Documents will be viable of the Bidder to Disqualification from

Note: MOU Applicable for GRC work and Sandwich Type

Laminated Toughen Glass only.

GRC Work — Eligibility

Experience of having successfully completed

GRC/FRP/Ferrocement works during the last 05 years ending

last day of the month previous to the one in which applications

are invited should be either of the following:

o Single Work: One GRC/FRP/Ferrocement

work completed costing not less than the

Amount Equal to 80% of the estimated cost. i.e.

o Two Works: Two similar works completed

costing not less than the Amount equal to 50%

of the estimated Tender cost. i.e.,

o Three Works: Three similar works completed

costing not less than the Amount equal to 40%

of the estimated Tender cost i.e.,

₹65,96,297/-. in the last 05 years.

Note: Regarding Experience of GRC Work, the contractor must

have experience of involving the installation and fixing of GRC

Panel/FRP/Ferrocement for Animal Exhibits for Zoos, Wildlife

Park, aquariums in the Last 05 Years it is mandatory for the bidder

to submit the Form 3(A) & BOQ or Final Bill showing the

Amount and Quantity of work required for Eligibility Criteria the

Documents should be Duly signed by the Responsible Officer

with Outward number.

Without Form 3A & BOQ or Final Bill with Outward number

experience will not be considered and failing to attach required

Documents will be viable of the Bidder to Disqualification from

• Bidders may partner with specialized subcontractors for

the execution of GRC work and/or Sandwich Type

Laminated Toughen Glass through a Memorandum of

Understanding (MOU) as per above eligibility of GRC

• The MOU must be submitted at the time of bid

submission and should include the details of the

subcontractor’s experience.

• All agreements or MOUs entered into by the main

contractor with any subcontractor (for specialized work

such as GRC work) shall be solely the responsibility of

the main contractor.

• VMC shall not be a party to any such agreement, and shall

deal only with the main contractor for all contractual

obligations, including quality control, timelines,

payments, and dispute resolution.

• The main contractor shall be fully responsible for

ensuring the performance, quality, and compliance of

the subcontracted work with tender specifications.

Any failure, deficiency, or delay by the subcontractor

shall be deemed as the responsibility of the main

• Average Annual Turnover in the last 3 Financial Years

should be more than 30% of the Estimated Cost of the

• Escalation Factor will be applied to bring the value of

completed works to the current Financial Year’s level.

Documents to be Provided:

• Work orders, completion certificates, and client references

with Duly signed by responsible officer with outward

number for all relevant projects.

• For subcontractors, an MOU and supporting documents

from the partner should be submitted as per Annexure G1

• Tender security bond (Earnest Money).

• Certificate as registered contractor with Government of

Gujarat or appropriate authority. (Not Applicable for

private sector)

• Tender's financial capability and standing over at least

past five years.

• Current Income Tax Clearance Certificate.

• Tenderer's experience in the field relevant to this contract.

• The technical ability and qualifications of the tenderer.

• Details of technical personnel with their qualification &

• A list of the equipment the tenderer possessed and that

which he proposed to acquires and use for the purpose

related to the work

• Tenderer should submit all the drawing which they have

received along with tenders (Architectural + Structural).

• Bank Solvency Certificate.

• Labour license to be submitted

VMC Reserves the Right to Waive Minor Deviations in the

bidder’s submission if they do not materially affect the bidder's

capability to perform the contract.

5 Estimated Cost put to Tender Rs. 04,16,58,704/-

6 Tender fees Rs.10,000/- Demand Draft in favour of Municipal

(Nonrefundable) Commissioner, Vadodara)

7 Earnest Money Deposit Rs. 09,84,000/- Demand Draft or Bank Guarantee in favor of

Municipal Commissioner, Vadodara, In the form of DD (D.D. in

favor of Municipal Commissioner, Vadodara) of only

Nationalized Bank/Public Sector Banks as per

Annexure-VII shall be accepted.

8 Submission of EMD and In separate sealed cover each for EMD and Tender Fees along

Tender Fees with Tender as described in the invitation of tender and

submitted to In the form of DD(D.D. in favor of Municipal

Commissioner, Vadodara) or Bank Guarantee of only

Nationalised Bank/Public Sector Banks as per Annexure-VII

shall be accepted

To be Submitted Physically As per N.I.T Dt.26/10/2026 up to

9 Date of Opening of Technical Technical Bid will be opened online as per N.I.T. Office of

bid the Executive Engineer, Sayajibaug Zoo, Gate

Sayajibaug, Nr Bal Bhavan , Karelibaug, Vadodara-

Municipal Corporation, Vadodara Dt.26/10/2026 Up to

10 Pre-Bid Meeting Dt.08/10/2026 at 04.00 PM

11 Security Deposit 5 % of the contract value i.e 2% of EMD and 3% to be deducted

from bill equally to built-up Maximum 5% of total security

deposit of contract value.(2% EMD + 3% = 5% of S.D)

3% value of work will be released after one month from date of

payment of final bill.

12 Mode of sending the Tender Price bid should be submitted by online e-tender only and

Documents Technical bid should be submitted physically also in sealed

envelope systems By RPAD/Speed post , Each part shall be

separately duly signed & seal by contractor.

13 liquidated damages- Penalty Delay in completion of work- 0.1% of total contract value per

For Delay week or part thereof by which delay has occurred, subject to

maximum of 10% of the contract value.

14 Amount to be deducted from Welfare cess as per act 1996 @ 1 % of bill amount

each bill for labour welfare

fund (non-refundable)

16 Labour welfare cess As per construction works welfare cess Act – 1996 non-

refundable 1% of tender amount shall be deducted against

works welfare cess.

Solvency Certificate Solvency certificate for an amount up to 15% of the

Estimated Cost put to tender. A solvency certificate to this

effect shall be submitted by him not Older than Last One

Year from any Nationalized bank as per Annexure-I

18 All Rate of Tender Are Exclusive GST. The Bidder shall

have to quote The Rate Accordingly.

➢Third Party Inspection / Project Management Consultant

The Client at their Discretion may appoint Third Party Inspectors (TPI) and / Project

Management Consultants (PMC) for Betterment of the Project. The Bidders / Contractors are

Hereby Informed that they shall be Responsible for following the Instruction given by this

Agency / Agencies throughout the Project. If any Discrepancy in the Testing Methodology

arises, the Method / Practices Suggested by these Agencies shall be Abiding to the Bidders.

➢Conditional tenders will not be accepted. Municipal Commissioner reserves the rights to reject

any or all the tenders in Parts or Full without assigning any reasons Whatsoever or to Split the

Tender & Award to One or More than One Tenderer in the Interest of Public. The Tenderer shall

have no Cause of Action or Claim Against.

Executive Engineer.

INFORMATION TO TENDERER

Work: PROPOSED DEVELOPMENT OF CAT COMPLEX AT SRI SAYAJIBAUG ZOO,

1. Estimated cost put up to : Rs. 04,16,58,704/-

2. Earnest Money Deposit : Rs. 09,84,000/-to be submitted in the

Form of D.D/Bank Guarantee. in favour of Municipal

Commissioner, Vadodara) of only Nationalised Bank/Public

Sector Banks as per Annexure-VII shall be accepted. valid for

days after Last Date of Tender Submission.

3 (A) Security Deposit : Total 5% of tender amount.

5% of the contract value i.e 2% of EMD and 3% to be deducted

from bill equally to builtup Maximum 5% of total security deposit

of the contract value. (2% EMD + 3% value of work will be

released after one month from date of payment of final bill.

4. Mode of sending the tenders: As mentioned in MEMORADUM OF WORK

in duplicate. In sealed cover

by R PAD/ Speed post /

courier or hand delivery only.

5. Tender validity period : 120 Days after Last Date of Tender Submission.

6. Time of completion :

(Work shall be taken up on hand immediately

After the date of issue of work order and Site

7 Performance guarantee : (a) 5% of Amount of Completed Work in form of

Bond for DLP, O&M Work Bank Guarantee of Bank as per Annexure-1 (to be submitted

on completion of work and to be retained till defect liability

period is over.

8 Defect liability period : 5 years after completion of the work.

9. Penalty for delay : Delay in completion of work-0.1% of total

contract value per week or part thereof by which

delay has occurred, subject to maximum of 10% of

the contract value.

10. Last date of receipt of tender: As mentioned in tender notice.

by RPAD /speed post

11 Place of receiving Tender: As mentioned in MEMORADUM OF WORK

12. Water, Electricity : Contractor shall have to make his own

Arrangements for Water and electricity for the

Purpose of construction work at site.

13. Tenders which do not fulfill all or any of condition or are submitted incomplete in any respect

will be rejected. Municipal Commissioner reserves the rights to reduce the scope of work and

contract without assigning any reason thereof.

14. No advance such as machinery advance, mobilization advance or materials advance will be

15) Conditional tenders will not be accepted.

16) In case of any dispute or clarification in specification of any tender items the decision of

Municipal Commissioner shall be final.

17) PRICE VARIATION: NOT APPLICABLE.

18) If testing report will not found okay then 1% of the amount of work done should be deducted

from R.A. Bill of the contractor for testing the quality of material workmanship, irrespective

of actual charges.

19) As per construction works welfare cess Act – 1996 non-refundable 1% of

Tender amount shall be deducted against works welfare cess.

20) Contractor shall have to Pay All Applicable Tax / G.S.T. & Other Levies etc Declared by the

Government Time to Time. The Bidder shall have to quote the Rate Accordingly.

21) The contractor shall carry out soil investigation including three points of borehole drilling,

bore logging, sampling, field tests and laboratory tests, strictly in accordance with IS: 1892 and

IS: 2720 (relevant parts), as directed by the VMC Authority or its authorized representative. The

cost of the same shall be deemed to be included in the quoted rates and no extra payment shall be

22) In packet of subject tender, the prospective bidder should submit Memorandum of Understanding

(MOU) (duly notarized on Rs.500/- stamp paper) with firm/organization/company having experience in

execution of similar work in the following category:

MOU (as per annexure-G-1 & G-2) with manufacturer/firm/agency qualifying the technical specifications

mentioned in tender document for GRC work and/or Sandwich Type Laminated Toughen Glass as per

Eligibility Criteria mentioned in the Memorandum of Work.

23) The Contractor shall visit the site and acquaint themselves with the nature and extent of the

work to be executed. The Contractor shall provide adequate barricading around the work area as

per the instructions of the Engineer-in-Charge. The cost of providing, maintaining, shifting, and

removing such barricading, as required, shall be deemed to be included in the quoted rates, and no

extra payment shall be made on this account.

24) The Contractor shall cut and trim trees, branches, or other vegetation obstructing the work

as directed by the Engineer-in-Charge. The cut material shall be properly removed and disposed

of, and the affected area shall be restored. No extra payment shall be claimed for the same.

Seal and Signature of the Bidder Dy. Municipal Commissioner

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 Approximate Bid security Cost of Period Class of

No. value of works (EMD) (Rs.) document of Registration /

(Rs.) completi Category of

on contractor if

PROPOSED Rs. 04,16,58,704/- Rs. 09,84,000/- Rs. 10,000/- 12 Months •The bidder must

DEVELOPMENT OF (Excluding be a registered

CAT COMPLEX AT SRI Monsoon) contractor in “A”

SAYAJIBAUG ZOO, class and above

VADODARA. under PWD, Govt.

R&B / CPWD / VMC

or equivalent as per

the norms of the

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

apply for the registration in VMC after issue of work order within 30 Days.

(B) SCHEDULE OF TENDERING: -

SR. SCHEDULE TIME DATE PLACE

1. Downloading of Tender -- 30.09.2026 www.tender.nprocure.com

2. Pre -Bid 04.00 PM 08.10.2026 Office of the Executive Engineer,

meeting Sayajibaug Zoo, Gate 04 Sayajibaug, Nr

Bal Bhavan, Karelibaug, Vadodara-

3. Last Date of loading of Up to 4.00 pm. 23.10.2026 ONLINE ONLY

online completed

4. Last Date of Up to 4.00 pm. 26.10.2026 Technical and Prequalification Bid in

Submission of hard copy (Including Tender Fees,

Hardcopy of completed EMD) in separate sealed Envelope –A

Tender Document through RPAD/SPEED Post. Hand

delivery OR Courier will not be

accepted. Addressed to Office of the

Executive Engineer, Sayajibaug Zoo, Gate

04 Sayajibaug, Nr Bal Bhavan,

Karelibaug, Vadodara-390018

5. Opening of Technical Bid At 5:00 pm. 26.10.2026 In the Office of the Executive Engineer,

Sayajibaug Zoo, Gate 04 Sayajibaug, Nr

Bal Bhavan, Karelibaug, Vadodara-

Contacting Office:

The EXECUTIVE ENGINEER,

SAYAJIBAUG ZOO,

Gate no 04, Sayajibaug,

Near Bal Bhavan, Karelibaug,

Vadodara-390018.

Vadodara Municipal Corporation.

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

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 any 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 hardcopies of the bids as specified, the

hardcopies 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 08.10.2026 at 11:00 am at the Office of THE EXECUTIVE ENGINEER,

SAYAJIBAUG ZOO, GATE NO 04, SAYAJIBAUG, NEAR BAL-BHAVAN, KARELIBAUG, VADODARA-390018. to

clarify the issues 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 or

as per their latest amendment. (as per list attached here with as per GoG gr)

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 rejected.

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.

Bid Document Fee / Tender Fee

ii)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

iv)Work Experience, if necessary…

v)Other Documents, as required…

Documents to be Provided:

• Work orders, completion certificates, and client references for all relevant projects.

• For subcontractors, an MOU and supporting documents from the partner should be submitted as per

Annexure G1 & G2.

• Tender security bond (Earnest Money).

• Certificate as registered contractor with Government of Gujarat or appropriate authority. (Not Applicable

for private sector)

• Tender's financial capability and standing over at least past five years.

• Current Income Tax Clearance Certificate.

• Tenderer's experience in the field relevant to this contract.

• The technical ability and qualifications of the tenderer.

• Details of technical personnel with their qualification & experience.

• A list of the equipment the tenderer possessed and that which he proposed to acquires and use for the

purpose related to the work

• Tenderer should submit all the drawing which they have received along with tenders (Architectural +

• Bank Solvency Certificate.

• Labour license to be submitted

INSTRUCTIONS TO BIDDERS (ITB)

A.Section 1: Instructions to Bidders

B.Table of Clauses

Page No. Page No.

A. General 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 12 E. Bid Opening and Evaluation

7. Site Visit 12 23. Bid Opening

B. Bidding Documents 25. Clarification of Financial

8. Content of Bidding 13 26. Examination of Bids and

Documents Determination of

9. Clarification of Bidding 13 27. Correction of Errors

10. Amendment of Bidding 14 28. Deleted

29. Evaluation and Comparison

of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

12. Bid Opening and Evaluation 15 F. Award of Contract

13. Bid Prices 15 31. Award Criteria

14. Currencies of Bid and 16 32. Employer’s Right to Accept

Payment any Bid and to Reject any or

15. Bid Validity 16 33. Notification of Award and

Signing of Agreement

16. Bid Security 16 34. Performance Security

17. Alternative Proposals By Bidders 17 35. Advance Payment and

18. Format and Signing of Bid 17 36. Dispute Review Expert

37. Correct or Fraudulent

1.1The 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.

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

in the Contract data.

1.3Throughout 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 completion.

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 institutions. 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,

for this work as well as experience in JV shall not be permitted.

TECHNICAL CAPABILITIES

General Experience:

• The bidder must be a registered contractor in “A” class and above under PWD, Govt. R&B / CPWD /

VMC or equivalent as per the norms of the relevant state government or institutions. In case of non-

registration with VMC, the bidder must get registered after receiving the work order.

• The bidder should have experience of having successfully completed similar type of work during the

Last 10 Years ending Last day of Month previous to the one in which applications are invited and should

be either following:

o Single Work: One similar work completed costing not less than the Amount Equal to 80% of

the Total estimated cost.

o Two Works: Two similar works completed costing not less than the Amount equal to 50% of

the Total estimated cost.

o Three Works: Three similar works completed costing not less than the Amount equal to 40%

of the Total estimated cost, in the last 10 years.

Definition of Similar Nature of Work: Similar nature of work means the work of Zoo Enclosure,

which includes G.R.C/FRP/Ferrocement work, Civil work along with Supply and installation work of

Sandwich type Laminated Toughen Glass.

Note: Regarding Experience of Similar nature of work, it is mandatory for the bidder to submit the Form 3(A) &

BOQ or Final Bill showing the Amount and Quantity of work required for Eligibility Criteria the Documents

should be Duly signed by the Responsible Officer with Outward number.

Without Form 3A & BOQ or Final Bill with Outward number experience will not be considered and failing to

attach required Documents will be viable of the Bidder to Disqualification from the Tender.

FOLLOWING CRITERIAS FOR CIVIL, GRC AND SANDWICH TYPE LAMINATED TOUGHEN

GLASS MUST BE CONSIDERED.

1)Civil Work — Eligibility

Experience of having successfully completed similar works during the last 05 years ending last day of the

month previous to the one in which applications are invited should be either of the following:

o Single Work: One Civil work completed costing not less than the Amount Equal to 80% of

the Civil Work estimated cost.

o Two Works: Two Civil similar works completed costing not less than the Amount equal to

50% of the Civil Work estimated cost.

o Three Works: Three similar works completed costing not less than the Amount equal to 40%

of the Civil Work estimated cost in the last 05 years.

Note: Regarding Experience of Civil work, The civil work includes construction of Hospital, sports complex

work, Office Building work not Pipeline, Road work and Drainage work. it is mandatory for the bidder to submit

the Form 3(A) & BOQ or Final Bill showing the Amount and Quantity of work required for Eligibility Criteria

the Documents should be Duly signed by the Responsible Officer with Outward number.

Without Form 3A & BOQ or Final Bill with Outward number experience will not be considered and failing to

attach required Documents will be viable of the Bidder to Disqualification from the Tender.

2)GRC Work — Eligibility

Experience of having successfully completed GRC/FRP/Ferrocement works during the last 05 years

ending last day of the month previous to the one in which applications are invited should be either of the

o Single Work: One GRC/FRP/Ferrocement work completed costing not less than the Amount

Equal to 80% of the GRC Work estimated cost.

o Two Works: Two similar works completed costing not less than the Amount equal to 50% of

the GRC/FRP/Ferrocement work estimated cost.

o Three Works: Three similar works completed costing not less than the Amount equal to 40%

of the GRC/FRP/Ferrocement work estimated cost in the last 05 years.

Note: Regarding Experience of GRC Work, the contractor must have experience of involving the installation and

fixing of GRC/FRP/Ferrocement Panels for Animal Exhibits for Zoos, Wildlife Park, aquariums in the Last

Years it is mandatory for the bidder to submit the Form 3(A) & BOQ or Final Bill showing the Amount and

Quantity of work required for Eligibility Criteria the Documents should be Duly signed by the Responsible

Officer with Outward number.

Without Form 3A & BOQ or Final Bill with Outward number experience will not be considered and failing to

attach required Documents will be viable of the Bidder to Disqualification from the Tender.

3)Sandwich Type Laminated Toughen glass- Eligibility

Experience of having successfully completed Sandwich type Laminated Toughen Glass work during the

last 05 years ending last day of the month previous to the one in which applications are invited should be

o Single Work: One Sandwich type Laminated Toughen Glass work completed should not be less than

the 80% of Tender Quantity. i.e. 38 Square Meter.

Note: Regarding Experience of Sandwich Type Laminated Toughen Glass, the contractor must have experience

of involving the installation and fixing of Sandwich Type Laminated Toughen Glass for Animal Exhibits for

Zoos, Wild-life Park, aquariums in the Last 05 Years. it is mandatory for the bidder to submit the Form 3(A) &

BOQ or Final Bill showing the Amount and Quantity of work required for Eligibility Criteria the Documents

should be Duly signed by the Responsible Officer with Outward number.

Without Form 3A & BOQ or Final Bill with Outward number experience will not be considered and failing to

attach required Documents will be viable of the Bidder to Disqualification from the Tender.

Note: MOU Applicable for GRC & Sandwicth Type Laminated Toughen Glass work only.

GRC Work — Eligibility

Experience of having successfully completed GRC/FRP/Ferrocement works during the last 05 years

ending last day of the month previous to the one in which applications are invited should be either of the

o Single Work: One GRC/FRP/Ferrocement work completed costing not less than the Amount

Equal to 80% of the estimated cost. i.e. ₹1,31,92,594/-.

o Two Works: Two similar works completed costing not less than the Amount equal to 50% of

the estimated Tender cost. i.e., ₹82,45,371/-.

o Three Works: Three similar works completed costing not less than the Amount equal to 40%

of the estimated Tender cost i.e., ₹65,96,297/-. in the last 05 years.

Note: Regarding Experience of GRC Work, the contractor must have experience of involving the installation and

fixing of GRC Panel/FRP/Ferrocement for Animal Exhibits for Zoos, Wildlife Park, aquariums in the Last

Years it is mandatory for the bidder to submit the Form 3(A) & BOQ or Final Bill showing the Amount and

Quantity of work required for Eligibility Criteria the Documents should be Duly signed by the Responsible

Officer with Outward number.

Without Form 3A & BOQ or Final Bill with Outward number experience will not be considered and failing to

attach required Documents will be viable of the Bidder to Disqualification from the Tender.

• Bidders may partner with specialized subcontractors for the execution of GRC work and/or Sandwich

Type Laminated Toughen Glass through a Memorandum of Understanding (MOU) as per above

eligibility of GRC

• The MOU must be submitted at the time of bid submission and should include the details of the

subcontractor’s experience.

• All agreements or MOUs entered into by the main contractor with any subcontractor (for specialized

work such as GRC work) shall be solely the responsibility of the main contractor.

• VMC shall not be a party to any such agreement, and shall deal only with the main contractor for all

contractual obligations, including quality control, timelines, payments, and dispute resolution.

• The main contractor shall be fully responsible for ensuring the performance, quality, and

compliance of the subcontracted work with tender specifications. Any failure, deficiency, or delay

by the subcontractor shall be deemed as the responsibility of the main contractor.

Average Annual Turnover in the last 3 Financial Years should be more than 30% of the Estimated Cost of

Escalation Factor will be applied to bring the value of completed works to the current Financial Year’s

Documents to be Provided:

Work orders, completion certificates, and client references with Duly signed by responsible officer with

outward number for all relevant projects.

For subcontractors, an MOU and supporting documents from the partner should be submitted as per

Tender security bond (Earnest Money).

Certificate as registered contractor with Government of Gujarat or appropriate authority. (Not Applicable

for private sector)

Tender's financial capability and standing over at least past five years.

Current Income Tax Clearance Certificate.

Tenderer's experience in the field relevant to this contract.

The technical ability and qualifications of the tenderer.

Details of technical personnel with their qualification & experience.

A list of the equipment the tenderer possessed and that which he proposed to acquires and use for the

purpose related to the work

Tenderer should submit all the drawing which they have received along with tenders (Architectural +

Bank Solvency Certificate.

Labour license to be submitted

VMC Reserves the Right to Waive Minor Deviations in the bidder’s submission if they do not materially

affect the bidder's capability to perform the contract.

• Average Annual Turnover in the last 3 Financial Years should be more than 30% of the Estimated Cost

of the project.

• Escalation Factor will be applied to bring the value of completed works to the current Financial Year’s

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.

Base Year (26-27)

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 9 last date of submission is 90 % or more of the original

contract price) and continuing satisfactorily.

For these, a certificate from the employers 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 up to 25 percent

of the value of the contract / contracts applied.

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 out rightly 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 Rs.1 crore.

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

• 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

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 the pre-bid meeting which will take place at

the address, venue, time and date as indicated on page no. 4 and

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.

10.0Amendment of Bidding Documents

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

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

11.0Language of the Bid

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

12.0Documents Comprising the Bid

12.1.1The 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

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

financial and must be submitted online only.

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

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

13.1The 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.

13.2The 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.

13.3All 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 be

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

changes shall be applicable)

13.5The 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)

14.0Currencies of Bid and Payment

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

be made in Indian Rupees.

15.0Bid Validity

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

specified in Clause 20-page no.

15.2In 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.

16.0Bid Security

16.1Bid 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 DD/ Bank guarantee shall be accepted.

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)

16.2Bank 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

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

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

16.4The 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.

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

and furnished the required Performance Security.

16.6The 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)

17.0Alternative 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

23.1The 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.

23.3The “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.

23.4i) 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 consideration.

23.6At 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.

23.7the 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.

23.8In 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.

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

present in accordance with Sub-Clause 23.6.

24.1Information 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

25.1To 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.

25.2Subject 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.

25.3Any 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

26.1During 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.

26.2A 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.

26.3If 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

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

accordance with Sub-Clause 26.2.

29.3The 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.

29.4The 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.

29.5If 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.

29.6A 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

31.1Subject 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 Bid Price;

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

32.1Notwithstanding 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

33.1The 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”).

33.2The 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

33.3The 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.

33.4Upon 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 work. OR

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 offered by the Selected Bidder is lower than 10% but upto 20% of the Estimated

Project Cost, then the Additional Performance Security shall be calculated @ 20% of the difference in the (i)

Estimated Project Cost (as mentioned in Bid Document) - Minus 10% of the Estimated Project Cost and (ii)

Contract Price offered by the selected Bidder.

b. If the Contract Price offered by the Selected Bidder is lower than 20% of the Estimated Project Cost, then

the Additional Performance Security shall be calculated @ 30% of the difference in the (i) Estimated Project

Cost (as mentioned in Bid Document) - Minus 10% of the Estimated Project Cost and (ii) Contract Price

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 of the Defects Liability Period and the

Additional Performance Security shall be valid beyond 28 (twenty-eight) days of Project Completion Date.

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/4/2023/0057/D.M.O. Date 11/03/2024 or as per their latest amendment. (as per list attached here with

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, ZOO [ Cl.1.1]

DEPARTMENT, VMC

2. The last seven years. 2026 –

3. This Average Annual Financial Turnover Amount is 30% if estimated [Cl.4.5.3 (a)]

4. Value of Work is Rs. 04,16,58,704/-

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 2026-2027 (base year) [Cl. 4.5.2]

9.The 9. pre-bid meeting will take at SAYAJIBAUG ZOO, Gate no 04, Sayajibaug, [Cl. 9.2.1]

Near Bal Bhavan, Karelibaug, Vadodara-390018.

Vadodara Municipal Corporation.

on dated 08.10.2026 at 11:00 Hrs.

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

11. Address of the Employer: The EXECUTIVE ENGINEER ZOO

DEPARTMENT, Gate no 04, Sayajibaug, Near Bal Bhavan, Kareli

Baug, Vadodara-390018.

13. The bid should be submitted latest by _________ As stated on online [Cl. 20.1 & 20.2]

14. The bid will be opened at ……………………………

As stated on online NIT [Cl. 23.1]

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

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

a common base value) for works completed

Base Year (26-27)

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 work.

Sr. Plant or Location Age of Make Capacity Approximate Remark

No. Machinery Machinery Value

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

Project Manager (1) 10

Construction Engineer (1) 5

QA/QC Engineer (1) 5

Safety Engineer (1) 3

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/staff as mention in the table for full time. In the Absence Rs. 1000/- per Day will be deducted

from Bill for one Site Engineer/staff.

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 2026-2027

work performed in the last Seven years 2025-2026

(in Rs. Lakhs) 2024-2025

1.3Work 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.

Value of Date of Stipulated Actual explaining

Name of the Description Contract contract issue of period of Date of reasons

Employer of work No. (Rs. work completio completio for delay &

Crore) order n n* work

* 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 Date of Date of Percentage of Reason of Delay

Work Order work order completion work completed

Amount 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 :

Descri Place & Contract Name & Value Stipulate Value of works* Anticipated

ption State No. Address of Contract d Period remaining to be date of

of Employer (Rs. Cr) of completed (Rs. completion

works Completi Cr)

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

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

1.5Availability 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

No. Capacity Owned / Nos. / Age /

Leased to be Capacity Conditions

1.6Qualification 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 experience in

(General) the proposed

1.7 Proposed sub-contract and firms involved

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

Contractor (Name & similar 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.

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

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

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

references if contacted by the Employer.

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

Other Employer Cause of Amount Remarks showing

Party (ies) Dispute Involved Present Status

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

(Name of Consultant engaged for project preparations is *………….)

1.13Proposed 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

3.1Bidders 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

Conditions of Contract

A General Page D. Cost Control

1 Definitions 34 37 Bill of Quantities

2 Interpretation 35 38 Changes in the Quantities

3 Language and Law 35 39 Variations

4 Engineer’s Decisions 35 40 Payments for Variations

5 Delegations 35 41 Cash Flow Forecasts

6 Communications 35 42 Payment Certificates

7 Sub-Contractors 36 43 Payments

8 Other Contractors 36 44 Compensations Events

9 Personnel 36 45 Tax

10 Employer’s & Contractor Risk 36 46 Currencies

11 Employers Risks 36 47 Price Adjustment

12 Contractor’s Risk 36 48 Retention

13 Insurance 36 49 Liquidated damages

14 Site Investigations Reports 37 50 Bonus

15 Queries about the Contract 37 51 Advance Payment

16 Contractors to Construct the 37 52 Securities

17 The Works to be Completed By 38 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 38 54 Cost of Repair

20 Discoveries 38 E. Finishing the Contract

21 Possession of the Site 38 55 Completion

22 Access to the Site 38 56 Taking Over

23 Instructions 38 57 Final Account

24 Disputes 38 58 Operating and Maintenance

25 Procedure for Disputes

26 Deleted 39 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 40 62 Release from Performance

28 Extensions of the Intended

completion date

29 Deleted 40 F. Special Conditions of

30 Delays Ordered by The 40 63 Labour

Engineer 64 Compliance with labour

31 Management Meetings 40 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 ofContract 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 Sub Clause

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 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 Date.

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 Events.

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

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

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

2.1Interpreting 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.

2.2If 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)

2.3The 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

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

4. Engineers Decisions

4.1Except 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

6.1Communications 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

8.1The 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 modifications.

9.1The 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.

9.2If 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

10.1The 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.

13.2Policies 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 Insurance taxes and duties Insurance:

13.7 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.

13.8 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

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

18.1The 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

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 works.

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.

a. For the work upto Rs.100 crores, if any of the parties is not satisfied with the decision of the decision

of the Municipal commissioner, both the parties have to refer to the Additional Chief Engineer /

Head of Department / City Engineer concern for the conciliation process.

b. For the work upto Rs.100 crores, if any of the parties is not satisfied with the decision of the decision

of the EXECUTIVE ENGINEER , both the parties have to refer to the Municipal Commissioner,

Vadodara for the conciliation process.

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.

24.3 Settlement of Dispute Arbitration:

Any dispute arising out of this out of this contract shall be referred to an independent arbitration for

dispute resolution.

Work contracts the same shall be resolved by independent arbitrator either retired honorable High

court Justice/by retired honorable district judge. If both the parties agreed to refer the dispute

resolution by technical expert then retired chief engineer/superintending engineer of government of

Gujarat/Government undertaking board. The place of arbitration is either Vadodara/Ahmadabad as

per arbitrator current residence/office. Such dispute shall be settled by arbitration in accordance with

the provisions of the arbitration and conciliation act, 1996 and / or ay statutory amendments there to.

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 agency.

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 Completion 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 35 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

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

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.

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 defect’s 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.

34.1If 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 any

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 done.

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

35.1The 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

36.1If 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

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.

39.1 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

(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

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

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.

43.1Payments 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.

43.3Items 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 for GST 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 contractor.

45.2 GST will be paid separately as per prevailing 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.

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 Contractor

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 corrected.

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 damages shall not

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 (incl GST) per day subject to max 10 %

of contract value (incl 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 thereof.

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

punishment will be done.

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. The

performance Security shall be valid until a date 60 days from the date of expiry of Defects Liability

Period 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.

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 RA bills.

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 Following:

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.

59.3 When 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

as indicated in the 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

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 may require.

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 WORK

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 100 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 liabilities.

M) Child Labour (Prohibition & Regulation Act 1986 :‐ The Act prohibits employment of children below

14 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 Industry.

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

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

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.

Item marked “N/A” do not apply to this Contract.

Clause Reference With respect To section

1. The Employers is [CL.1.1]

Name: EXECUTIVE ENGINEER , Sri Sayajibaug Zoo Department, Vadodara Municipal Corporation

Address: Office of the Executive Engineer, Sayajibaug Zoo, Gate 04 Sayajibaug, Nr Bal Bhavan,

Karelibaug, Vadodara-390018

Name of authorized Representative (will be intimated later)

2. The Engineer is EXECUTIVE ENGINEER (ZOO DEPARTMENT)

Name of Authorized Representative: …………………………

3. The Defects Liability Period is from the date of completion. [CL.1.1&33]

4. The Start Date shall be 7th days for the date of issue of the Notice to [CL.1.1]

proceed with the work.

5. The Intended Completion Date for the whole of the works is 24 Months after [CL.1.1,17&2]

start of work. [CL.2.2& 49.1]

6. The Site is located at SRI SAYAJIBAUG ZOO, VADODARA. [CL.1.1]

7. The name and identification number of the Contract is: [CL.1.1]

8. The works consist of PROPOSED DEVELOPMENT OF CAT COMPLEX AT SRI [CL.1.1]

SAYAJIBAUG ZOO, VADODARA. With items as per B.O.Q. The works shall, inter

alia, include the following, as Specified or as directed:

•1. Scope of Services:

• The scope of services described below is neither exhaustive nor complete; it is indicative

only. The contractor must conduct a detailed investigation of the project site and facilities, study,

assess, and determine all necessary tasks, interventions, inputs, and other requirements to establish

the complete scope of services for achieving the specifications outlined in the contract documents.

•2. Animal Exhibit Enclosures:

• Proposed new infrastructure: Exhibits for Rusty Spotted Cat, Jungle Cat, Caracal Cat,

and Leopard Cat, including seating platforms, water bodies, water streams, waterfalls, viewing areas,

rock caves, and tree log features, as per BOQ and tender drawings.

•3. Construction of Infrastructure:

• The contractor must complete construction of all infrastructure (including exhibit

enclosures, service road, and pathway) within [12 Months] from the project commencement date.

•4. Site Clearance and Earthwork:

• The scope involves clearing the proposed site of grass, thorny shrubs, and other

vegetation, conducting necessary excavation for foundations, footings, and water bodies, and

disposing of surplus earth to the recommended disposal point. Anti-termite treatment shall be carried

out as per IS specifications prior to construction.

•5. RCC and Structural Work:

• Construction of RCC (Reinforced Cement Concrete) footings, columns, beams, slabs,

and walls for exhibit enclosures, seating platforms, and holding areas, using Ready Mixed Concrete

(M-250 grade or as specified) and TMT reinforcement, as per approved structural design and

General Arrangement (GA) drawings, with approval from VMC (Vadodara Municipal Corporation).

• Structural steel work (fabrication, hoisting, and fixing in position) for tree log columns,

seating platform framework, and other structural elements as per approved structural designs and

directions of the Engineer-in-Charge.

•6. GRC (Glass Reinforced Concrete) Theme & Feature Work:

• Designing, providing, and fixing theme and conception-based architectural feature work

made of GRC (composite mixture of white cement, alkali-resistant fiber, silica sand, and admixture,

cured with acrylic thermal plastic) for rock caves, feature walls, artistic pillars, and enclosure

theming, including preparation of moulds, casting, demoulding, finishing, and fixing at site, as per

approved conception design and directions of the Engineer-in-Charge. This work may be executed

directly or through a specialized GRC subcontractor under MOU, as per tender terms.

•7. Doors, Windows & Glazing (Sandwich Glass):

• Supply and fixing of 10mm thick (5mm+5mm) Sandwich type PVB laminated

toughened glass for public viewing areas, fixed in MS angular sections with silicon sealant, as per

approved design and directions of the Engineer-in-Charge.

• Supply and fixing of doors, windows, and building hardware as per tender drawings and

specifications.

•8. Roofing Work:

• Providing and fixing of roofing panels, end caps, and associated flashing/trims as per

tender specifications, for shelter structures within the exhibit complex.

•9. Waterproofing:

• Waterproofing treatment for water bodies, water streams, RCC slabs, and other water-

retaining or exposed structures, as per tender specifications and directions of the Engineer-in-Charge.

•10. Road Work and Pathway:

• Construction of service road and pathway, including sub-base, base, and surface courses,

as per tender drawings and site requirements.

•11. Graphic Signages:

• Supply and fixing of multilingual/Braille interpretive and directional signages (acrylic

base plates with non-glare cut-out letters) at exhibit locations, as per tender drawings.

•12. Plumbing Work:

• Providing, supplying, fixing, and laying of plumbing lines for water bodies, water

streams, waterfalls, and other water features, along with associated fittings, as per tender drawings

and instructions of the Engineer-in-Charge.

•13. Bore Well Work:

• Construction of bore well(s) as per BOQ and tender specifications, to serve as water

source for the exhibit water features, as per instructions of the Engineer-in-Charge.

•14. Landscaping:

• Providing and laying boulder stones and other enclosure enrichment elements in regular

line and level as per approved design, and development of tree plantations, gardens, and other green

spaces within the project area without any extra cost.

•15. Electrical Work:

• Providing and erecting weather-proof, dust and vermin-proof panel boards, along with

associated electrical wiring, fittings, and accessories, as per tender drawings, specifications, and

directions of the Engineer-in-Charge.

•16. Warranty, Guarantee, and O&M:

• Warranty, guarantee, and operation and maintenance services are not applicable to

existing infrastructure. They apply only to new installations. The contractor should note that all

dismantled equipment/materials will remain in agency custody until successfully reinstalled on-site.

If any damage occurs during dismantling, shifting, custody, or reinstallation, the contractor is

responsible for repair or replacement at their own cost. VMC will not provide compensation for such

•17. Testing, Commissioning, and Handover:

• Upon completion, the contractor shall conduct testing and commissioning of all water

features, electrical installations, and structural elements, and submit as-built drawings along with

relevant test reports/certificates to VMC and the concerned inspecting authority.

• Any other necessary work not explicitly listed but essential for the completeness of the

scope outlined in this tender must also be carried out, including arrangements for electrical,

mechanical, and instrumentation works in conjunction with civil, GRC, and glazing works

9. (A)Other Items Any Other Items as required to fulfill all contractual [CL.1.1]

obligations as per the Bid documents.

10 The following documents also form part of the Contract.

__________ Authorized

per clauseRepresentative:

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]

15. The Schedule of Key Personnel As per Annex – II to Section [CL.8]

16. The minimum insurance cover for physical property, injury and death is [CL.13]

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

16.1Hon. 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.

16.2 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 DELETED [CL.14]

19 The period for submission of programme for approval of the engineer [CL. 27.1]

shall be 21 days from the issue of Letter of Acceptance.

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 Adjustment FOR CEMENT, STEEL, PIG IRON, HR COIL & BITUMEN Not

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 Clause

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}

GENERAL INSTRUCTIONS FOR WORK

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 Clauses2, 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.

the 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

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

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 of staff Rs. 1000/- per Day will be deducted from Bill.

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 executed.

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

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 theconsent 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:

i)Under the supervision of competent workers possessing adequate experience in this kind ofwork.

ii)As far as possible by competent workers possessing adequate experience in this kind ofwork.

(c)All scaffolds and appliances connected therewith and all ladders shall: -

i)Be of adequate strength having regard to the loads and strains to which they will besubjected, and

ii)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 evenlydistributed.

(f)Before installing the lifting gear on scaffolds special precautions shall be taken to ensure the strength

and 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 fullywith regulations herein

(i)Working platforms, gangways and stairways shall: -

i)Be so constructed that no part thereof can sag unduly or unequally.

ii)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

iii)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).

i)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 width and

ii)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

meters (to be prescribed) suitable precaution shall be taken to prevent the fall of persons on material.

(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:

i)Be of good mechanical construction, sound material and adequate strength and free from patent defect, and

ii)Be kept in good repair and in good working order.

B.Every rope used in hoisting or lowering 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-Charge, VMC.

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 consequence.

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- Charge, VMC

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 Aof Section 3 of ITB)

Clause 31: Decision of Engineer-In-Charge, VMC to be final (Read in Conjunction with Section

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.

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

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 respect.

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 therewith:

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 to estimates.

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)