Instrumentation work at various water sources, water distribution stations and main feeder line network of water works department of VMC (Percentage Rate basis) (2nd Attempt)

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Sr No Section Description

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 specifications

7 Section -6 Form of Bid

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

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INVITATION FOR BID

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NATIONAL COMPETITIVE BIDDING

1. The Executive Engineer, Water Works (Elec./mech.) Department, Vadodara Municipal

Corporation invites bids for the works detailed in the table.

The bidders may submit bids for the following work.

Approximate Bid Tender Class of

Pack. Period of

Name of work value of works security Fee Registration

Instrumentation work at

various water sources,

water distribution

stations and main feeder 4,36,80,377/-

1.0 8,73,600/- 10,000/- (Excl. 1 Appropriate

line network of water (Without GST)

works department of VMC

(% Rate basis) (2nd

2. Prospective / Interested bidder may download the Bid Documents from website

https://tender.nprocure.com free of cost till the Time and Date as mentioned in 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 Schedule Bank payable at Vadodara and

in favor of Municipal Commissioner, Municipal Corporation, Vadodara. Once the Bid is

received online, Bid Document / Tender Fee will not be refundable.

The Demand Draft for Bid Document / Tender fee and Demand Draft/ 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. so as to reach to Executive

Engineer, 2nd floor, room no.-210, Vadodara Municipal Corporation, Khanderao Market

Building, Rajmahal Road, Vadodara-390001 on or before date & time as provided in NIT.

Penaltative action for not submitting original Demand Draft / Bank Guarantee along with

hard copy to Executive Engineer / Tender Inviting Authority by bidder shall be initiated.

Bidder will be abeyance from filling tender as per the VMC’s circular.

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

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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 day of opening of the bids as specified, the bids

will be opened on the next working day at the same time and venue.

5. A pre bid meeting will be held as per detail provided in NIT at office of The Executive

Engineer, 2nd floor, room no.-210, Vadodara Municipal Corporation, Khanderao Market

Building, Rajmahal Road, Vadodara-390001 to clarify the issues and to answer questions

on any matter that may be raised at that stage as stated in clause 9.2 of ‘instructions to

Bidders’ of the bidding documents.

6. 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. Price-bid Offers in physical form will not be accepted in any case.

C. Demand Draft purchased by the other then bidder and 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.

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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,

Works following documents shall be submitted in electronic format through online by

scanning and Hard copy of the same should be sent in original to the Tender opening

authority through RPAD or Speed post, so as to reach the Executive Engineer on or before

date & time as provided in NIT. Price bid shall be submitted in electronic format only

through online.

1) Attach Original DD/Bank Guarantee for Earnest Money Deposit.

2) Attach Original DD for Tender fees.

3) True copies attested by self-attested of the original documents defining the legal

status to the bidder/firm. Its structure and organization place of registration and

principal place of the business shall be furnished.

4) The bidder/firm in the same name, must be well established, experienced

contractors, having registered as an approved “Class A or Equivalent” contractor

with VMC Local Govt. bodies/Govt./MES/State Govt./Semi Govt. or such Govt.

Note: The Qualified bidder must have VMC registration certificate of appropriate

class within 30 Days after issue of Work Order. In case it is not done, the payment will

not be processed.

5) Details of Technical & Supervisory personnel already employed by the firm work.

The list of engineers shall be attached with their Designation, Qualification,

Experience, Mobile Number & E-mail details.

6) Copy of certificates under labour act and P.F. Registration certificate.

7) Copy of GST Certificate with GST number.

8) Copy of Valid Electrical Contractor License issued by govt. authority

9) Bank solvency or financial resources including bank credits & other facilities

available shall be 25 % of the tender amount.

10) Detail communication facilities like Office/Residence phone number and address,

mobile number, fax number, E-mail address should be available with the bidder.

11) List of Ongoing work or partly completed work along with work order and other

supporting documents.

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12) Bidder has to submit list of work under arbitration/court case or any dispute. The

bidder shall submit final/latest decision/status of arbitration/court case for all

disputes and if it is found that the decision of dispute is against the bidder then such

bidder is liable to disqualify even if other qualification criteria are met with.

13) Work completion certificate (Form 3A), work order and other supporting documents

for PQ Criteria as per tender requirements.

14) CA certificate for Annual Avg. Turnover as per tender requirement.

15) List of Key plants, tools and machineries as per tender requirements.

16) Audited balance sheet and ITR as per tender requirements.

17) Bid capacity as per tender requirement along with work orders.

18) Site visit certificate.

19) Various affidavits and undertaking as per tender requirements.

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INSTRUCTIONS TO BIDDERS (ITB)

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Section 1: Instructions to Bidder

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

Deadline for Submission of

2. Source of Funds

3. Eligible Bidders 21. Late Bids

Qualification of the Modification and

Bidder Withdrawal of Bids

5. One Bid per Bidder

6. Cost of Bidding E. Bid Opening and Evaluation

7. Site Visit 23. Bid Opening

Clarification of Financial

B. Bidding Documents

Examination of Bids and

8. Content of Bidding Documents

Determination of Responsiveness

Clarification of Bidding

9. 27. Correction of Errors

Amendment of Bidding

10. 28. Deleted

Evaluation and Comparison

of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

Documents Comprising

12. F. Award of Contract

13. Bid Prices 31. Award Criteria

Employer’s Right to Accept

14. Currencies of Bid and Payment 32. any Bid and to Reject any or all

Notification of Award and

15. Bid Validity

Signing of Agreement

16. Bid Security 34. Performance Security

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

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

Correct or Fraudulent

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1. Scope of Bid

1.1 The Employer (The Executive Engineer) invites bids for the 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

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

completion date specified in the Contract data.

1.3 Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their

derivatives (bidder/ tenderer, bid / tender, bidding/ tendering, etc.) are

2. Source of Funds

2.1 The expenditure on this project will be met from the grant.

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.

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4.5 QUALIFICATION CRITERIA:

Experience of having successfully completed similar works during last 7(Seven) years

ending last day of month previous to the one in which applications are invited i.e. from

2018-2019 to 2025-2026 should be either of the following: -

• Three similar completed works costing not less than the amount equal to 40% of

the estimated cost (Rs. 1,74,72,151/-)

• Two similar completed works costing not less than the amount equal to 50% of

the estimated cost (Rs. 2,18,40,189/-)

• One similar completed work costing not less than the amount equal to 80% of

the estimated cost (Rs. 3,49,44,302/-)

Similar work means “SITC and/or refurbishment and/or maintenance and/or

revamping work of ‘Instrumentation work with associated work’ or ‘Instrumentation

work along with Electro-mechanical work’ related to Pumping Station and/or

Treatment Plant” in Municipal Corporation / MES / Central / State / Semi Government

organization and other such government organization.”

Copy of work order and completion certificate/Form 3A (Issued by competent

authority) to be enclosed with the tender for experience else work experience will not

be considered. Bidder to enclose supporting document (Issued by competent authority)

which clearly indicate cost & Quantity of executed/Completed work/Item for above.

Experience of any work executed as a joint venture, as a subcontractor or by MOU

will not be considered.

The Completed work/works costing will be considered exclusive of GST for the

4.5.1 Qualification will be based on Applicant’s meeting all the following minimum pass/

fail criteria regarding the Applicant’s general and particular experience, personnel

and equipment capabilities and financial positions, as demonstrated by the

applicant’s responses in the forms attached to the letter of application ( specified

requirement for joint ventures are given under para 4.6 below ) Subcontractors

experience and resources shall not be taken in to account in determining the

applicants compliance with the qualifying criteria

To qualify for more than one contract, the applicant must demonstrate having

experience and resources sufficient to meet the aggregate of the qualification

criteria for each contract given in paragraphs 4.5.4, 4.5.5 and 4.5.9 below

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

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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.

Year Financial Year Multiplying factor

inviting tender

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:

(a) Average Annual Financial Turnover during the last 3 years, should be at least

30% of the estimated cost (Rs. 1,31,04,113/-).

(b) Experience in successfully completing or substantially completing at least one

contract of highway (road and / or bridge works) airport runway of at least

percent of the value of proposed contract within the last five years.

The works may have been executed by the applicant as prime contractor only

or as a member of a joint venture or as a nominated sub-contractor. As

subcontractor, he should have acquired the experience of execution of all

major items of works under the proposed contract. In case a project has been

executed by a joint venture, weight towards experience of the project would be

given to each joint venture in proportion to their financial participation in the

Substantially completed works means those works which are at least 90 %

completed (only for Network Project) as on the date of submission (i.e. gross

value of work done up to the last date of submission is 90 % or more of the

original contract price) and continuing satisfactorily.

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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

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 two 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. A consistent history of awards against the Applicant or any partner of a joint

venture may result in failure of the applicant.

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 /

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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. The rescinding of contract of a joint venture on account of reasons

other than non – performance, such as Most Experienced partner of joint venture

pulling out, court directions leading to breaking up of a joint venture before the

start of work, which are not attributable to the poor performance of the contractor

will, however, not affect the qualification of the individual partners.

#4.6 JOINT VENTURE: (Maximum 3 Members i.e. 1 Lead & 2 Others) (Applicable

only for estimated project cost of 50 Crore and above)

4.6.1. Joint ventures must comply with the following requirement:

(a) Following are the minimum qualification requirements:

I. The lead partner shall meet not less than 50 percent of all criteria given in para &

4.5.3 & 4.5.6 above. The joint venture must collectively satisfy the criteria of para

4.5.3 & 4.5.6 above. The experience of the other joint venture partners shall be

considered if it is not less than 30 percent of the qualifying criteria in para 4.5.3 &

II. Individually each member must satisfy the requirements of para 4.5.7 & 4.5.8

(b) Bid shall be signed so as to legally bind all partners, jointly and severally, and shall

be submitted with a copy of the joint venture agreement providing the joint and

several liabilities with respect to the contract.

4.6.2. Qualification of a joint venture does not necessarily qualify any of its partners

individually or as a partner in any other joint venture. In case dissolution of a joint

venture, each one of the constituent firms may qualify if they meet all the

qualification requirements, subject to the written approval of the Employer.

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

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

Note:- In Case of joint venture, the available bid capacity will be applied for

each partner to the extent of his proposed participation in the

execution of the work.

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

be disqualified if they have:

- Made misleading or false representation in the forms, statements and

Attachments the submitted in proof the qualification requirements; and / or

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

completing the contract, inordinate delay in completion, litigation history, or

financial failures etc.; and/ or

- Participated in the previous bidding for the same work and had quoted

unreasonably high bid prices and could not furnish rational justification to the

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

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

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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:

Sr No Section Description

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 specifications

7 Section -6 Form of Bid

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

8.2. Technical bid is available online and all documents to be furnished by the bidder in

compliance to the same will be prepared by him and furnished in two parts (refer

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

contract data, forms, terms, and 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. 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

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9.2.1. The bidder or his official representative is invited to attend a pre-bid

meeting which will take place at the address, venue, time and date as

indicated in the appendix. Or send queries via email on or before Prebid

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. www.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. Amendment of Bidding Documents

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

documents by issuing addenda.

10.2. Any addendum thus issued shall be part of the bidding documents. The Employer

will assume no responsibility for the same.

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

account in preparing their bids, the Employer may, at his discretion, extend as

necessary the deadline for submission of bids, in accordance with Sub-Clause

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C. PREPARATION OF BIDS

11. Language of the Bid

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

12. Documents Comprising the Bid

12.1. The bid be submitted by the bidder (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 II shall be named “Financial Bid” and shall comprise

(i) Form of Bid as specified in Section

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

12.2. The Bidder shall submit the details / information pertaining to each part i.e.

technical as well as financial and must be submitted online only.

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

Sr No Section Description

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 specifications

7 Section -6 Form of Bid

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8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

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

the priced Bill of Quantities submitted by the Bidder.

13.2 The bidder shall fill in rates and prices and line-item total (both in figures and

words) for all items of the Works described in the Bill of Quantities along with total

(Both in figures and words). Items for which no rate or price is entered by the

bidder will not be paid for by the Bill of Quantities.

13.3 All duties, taxes, and other levies except GST payable by the contractor under the

contract, or for any other cause shall be included in the rates, prices and total Bid

Price submitted by the Bidder. (GST will be paid extra as per the prevailing GST

rates at the time of billing)

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

performance of the Contract in accordance with the provisions of Clause 47 of the

Condition of Contract (Irrespective of the time limit and Bid Amount)

14. Currencies of Bid and Payment

14.1 The unit rates and the prices quoted by the bidder shall be entirely in Indian

Rupees. All payments shall be made in Indian Rupees.

15. Bid Validity

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

for bid submission specified in Clause

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

may request that the bidders may extend the period of validity for a specified

period. A bidder may refuse the request without forfeiting his bid security. A bidder

agreeing to the request will not be required or permitted to modify his bid, but will

be required to extend the validity of his security for a period of the extension, and in

compliance with Clause 16 in all respects.

#16. Bid Security

16.1. The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in

column 4 of the table of IFB for this particular work. This Bid security shall be in

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favor of Employer as named in Appendix and may be in one of the following forms;

a. Bank Guarantee from any scheduled Indian bank, in the format given in

Volume III. (Bank Guarantee is applicable only for Bid Estimated

Amount of 01 Crore and above) and Bank Guarantee of Schedule and

Private Banks shall be considered as per GoG Finance Department’s Circular

No. FD/MSM/e -file / 4/2024/2859/D. M. O. Date 01/05/2025 or as per

their latest amendment.

16.2. Bank guarantees (and other instruments having fixed validity) issued as surety for

the bid shall be valid for 45 days beyond the validity of the bid validity period

specified in sub clause 15.1 employer shall not pay any interest and bid security of

L2 will be given after work order /LOI to Lowest bidder. i.e. total validity of

16.3. Any bid not accompanied by an acceptable Bid Security and not secured as

indicated in Sub-Clauses 16.1 and 16.2 above shall be rejected by the Employer as

non-responsive.

16.4. The Bid Security of unsuccessful bidders will be returned within 28 days of the

end of the bid validity period specified in Sub-Clause 15.1 except L2 Agency.

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

signed the Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

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

(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

(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,

17. Alternative Proposals by Bidders.

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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 BID

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

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

22.3. 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

above or as extended pursuant to Clause 15.2 may result in the forfeiture of the Bid

security pursuant to Clause

23 Bid submission

23.1. Bidder to submit all PQ Documents online as well as Offline with sign & stamp. Do

not submit price bid offline else Bid will be rejected.

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E. BID OPENING AND EVALUATION

23. Bid Opening

23.1. The Employer will open all the Bids received including modifications made

pursuant to Clause 22, in the presence of the Bidders or their representatives who

choose to attend at time, date and the place specified in Appendix in the manner

specified in Clauses 20 and 23.3, In the event of the specified date of Bid opening

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

time and location on the next working day.

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

security furnished with each bid will be announced. If the bid security furnished

does not conform to the amount and validity period as specified in the invitation for

bid (ref. Column 4 and paragraph 3), and has not been furnished in the form

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

(i) Subject to confirmation of the bid security by the issuing Bank, the bids

accompanied with valid bid security will be taken up for evaluation with

respect to the Qualification information and other information furnished in

part I of the bid pursuant to Clause 12.1.

(ii) If required, the bidder will be asked in writing to clarify his Qualification

Documents with respect to any required clarification.

(iii) The bidders will respond in not more than 7 days of issue of the clarification

(iv) Immediately (usually within 3 or 4 days), on receipt of this clarification the

Evaluation Committee will finalize the list of responsive bidders whose

financial bids are eligible for consideration.

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

responsive in accordance with Clause 23.4(iv) will be announced. The bids of only

these bidders will be opened. The responsive Bidders’ names, the Bid prices, the

total amount of each bid, any discount and such other details as the Employer may

total amount of each bid, any discount and such other details as the Employer may

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

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

responsive in accordance with Clause 23.4(iv) will be announced. The bids of only

these bidders will be opened. The responsive Bidders’ names, the Bid prices, the

total amount of each bid, any discount, and such other details as the Employer may

total amount of each bid, any discount, and such other details as the Employer may

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

23.8 In case bids are invited for more than one package, the order for opening of the

“Financial Bid” shall be in order of Estimated amount of Bids from highest to lowest.

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

disclosed to those present in accordance with Sub-Clause 23.6.

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

Bids and recommendations for the award of a contract shall not be disclosed to

Bidders or any other persons not officially concerned with such process until the

award to the successful Bidder has been announced. Any effort by Bidder to

influence the Employer’s processing of Bids or award decisions may result in the

rejection of his Bid.

25. Clarification of Financial Bids

25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may,

at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of

unit rates. The request for clarification and the response shall be in writing or by e-

mail, but no change in the price or substances of the Bid shall be sought, offered, or

permitted except as required to confirm the correction of arithmetic errors

discovered by the Employer in the evaluation of the Bids.

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

his Bid opening to the contract is awarded. If the Bidder wishes to bring additional

information to the notice of the Employer, it should do so in writing.

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

bid comparison or contract award decision may result in the rejection of the

26. Examinations of Bids and Determination of Responsiveness

26.1 During the detail evaluation of "Technical Bid", the Employer will determine

whether each Bid (a) meets the eligibility criteria defined in Clause 3 and 4; (b) has

been properly signed; (c) is accompanied by the required securities and; (d) is

substantially responsive to the requirements of the Bidding document. During the

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

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

quantities, technical specifications, and drawings.

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

conditions and specifications of bidding documents, without material deviation or

reservation. A material deviation or reservation is one (a) which affects in any

substantial way the scope, quality, or performance of the Works; (b) which limits in

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any substantial way, inconsistent with the Bidding documents, the Employer’s

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

would affect unfairly the competitive position of other Bidders presenting

substantially responsive Bids.

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

Employer, and may not subsequently be made responsive by correction or

withdrawal of the non-conforming deviation or reservation.

29. Evaluation and Comparison of Financial Bids

29.1. The Employer will evaluate and compare only the Bids determined to be

substantially responsive in accordance with Sub-Clause 26.2.

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

Variation and deviations and other factors, which are in excess of the requirements

of the Bidding documents or otherwise result in unsolicited benefits for the

Employer, shall not be taken in to account in Bid evaluation.

29.4. The estimated effect of the price adjustment conditions under Clause 47 of the

Conditions of Contact, during the period of implementation of the Contract, will not

be taken in to account in Bid evaluation.

29.5. If the Bid of the successful Bidder is seriously unbalanced in relation to the

Engineer’s estimate of the cost of work to be performed under the contract the

Employer may require the Bidder to produce detailed consistency of those prices

with the construction methods and schedule proposed. After evaluation of the price

analyses, the Employer may require that the amount of the performance security set

forth in Clause 34 be increased at the expense of the successful /bidder to a level

sufficient to protect the Employer against financial loss in the event of default of the

successful Bidder under the Contract.

29.6. A bid which contains several items in the bill of Quantities which are unrealistically

priced low and which cannot be substantiated satisfactorily by the bidder may be

rejected as non-responsive.

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F. AWARD OF CONTRACT

31. Award Criteria

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

has been determined.

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

the lowest evaluated Bid Price; and

(ii) to be within the available bid capacity adjusted to account for his bid price

which is the lowest evaluation in any of the packages opened earlier than the

one consideration.

In no case, the contract shall be awarded to any bidder whose available bid

capacity is less than the evaluated bid price, even if the said bid is the lowest

evaluated bid. The contract will in such cases be awarded to the next lowest bidder

at his evaluation bid price.

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

32.1. Notwithstanding Clause 31, the Employer reserves the right to accept or reject any

Bid, and to cancel the Bidding process and reject all Bids, at any time prior to the

award of contract, without thereby incurring any liability to the affected bidder or

Bidder or any obligation to inform the affected Bidder or Bidders of the grounds for

the Employer’s action.

33. Notification of Award and Signing of Agreement

33.1. The Bidder whose Bid has been accepted will be notified of the award by the

Employer prior to expiration of the Bid validity period by cable, telex or facsimile

confirmed by registered letter. This letter (hereinafter and in the condition of

contract called the “Letter of Acceptance”) will state the sum that the Employer will

pay the Contractor in consideration of the execution, completion, and maintenance

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

Contract called the “Contract Price”).

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

to the furnishing of a performance security in accordance with the provisions of

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

successful Bidder. It will be signed by the Employer and to the successful Bidder,

within 28 days following the notification of award along with the Letter of

Acceptance. Within 21 days of receipt, the successful Bidder will sign the Agreement

and deliver it to the Employer.

33.4. Upon the furnishing by the successful Bidder of the Performance Security, the

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Employer will promptly notify the other Bidders that their Bids have been

34. Performance Security

34.1. (A) Within 10 (Ten) 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”) for an

amount equal to 5% (five percent) of its Contract Price (Capital Cost +GST). In

case contractor fails to provide it within provided time period, deduction will

be done at a rate of 6% p.a. 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 21/04/2023 or as per their latest

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.

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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 Contract.

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APPENDIX TO ITB

Clause Reference With respect to Section –I

1. The Name of the Employer is ………………………. [ Cl.1.1]

2. The last Seven years.

Base Year 2025-2026

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

4. Value of Work is Rs. 4,36,80,377/- (without GST)

6. The cost of electrical, Mechanical work is Rs.

7. The cost of water supply / sanitary works is Rs.

Liquid assets and / or availability of credit facilities is 25% of

9. Price level of the financial year 2025-26 [Cl. 4.5.2]

The pre-bid meeting will take place at The Executive Engineer

on date & time as per NIT.

11. The technical Bid will be intimated later after evaluation.

Address of the Employer:

The Executive Engineer , Water Works Project,

12. 2nd floor, room no.-210, Vadodara Municipal Corporation,

Khanderao Market Building, Rajmahal Road, Vadodara-

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

The bid will be opened at the office of the The Executive

Engineer, Water works (Ele./Mech.) , As stated on online NIT

The Bank Draft in favor of Municipal Commissioner, Vadodara

Municipal Corporation, Vadodara.

Escalation factors (for the cost of works executed and

18. financial figure to a common base value) for works completed [Cl.4.5.2]

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Year Financial Year Multiplying factor

Base year of inviting tender 2025-2026

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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 Machinery Approximate

Location Make Capacity Remark

No. Machinery (maximum Value

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List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

# 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 under: -

1. One graduate Engineers and three diploma engineers must comprise of one

Electrical/Instrumentation, one mechanical and one civil Engineer when cost of the

work to be executed is more than Rs.50 lakhs.

2. One graduate & two Diploma, Electrical/Instrumentation Engineers when the cost of

the work to be executed is more than Rs.15 lakhs but less than Rs.50 lakhs.

3. Minimum one Diploma Civil Engineer when the cost of work is less than Rs.15 lakhs

but more than Rs.5 lakhs.

4. Minimum two Diploma Civil Engineers for the work when the cost of work to be

executed is less than Rs. 5 lakhs. The Engineer 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 Graduate Engineer in

respective field, Employment of a separate Engineer will not be necessary provided

that the Engineer partner himself attends the execution of the work on the site.

Within 15 days of issue of work-order the Contractor will have to furnish to the

Engineer-in-charge of the work the Name, Qualifications, copy of marksheet, Colour

Photograph and the appointment order issued such engineers engaged for this

contract work. If 15 days after issue of work order such designated Site Engineers do

not resume or do not remain present on site of work, the recovery at the rate of

Rs.15000/Month per Engineer will be made from the bills/deposit/dues of the

contractor. Such recovery shall be non-refundable.

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QUALIFICATION INFORMATION

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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 (Attach Copy)

Place of registration

Principal place of business

Power of attorney of signatory of Bid (Attach)

1.2 Total value of Civil engineering constructions 2024-25

Work performed in the last Seven years 2023-24

(in Rs. Lakhs) 2022-23

1.3.1 Work performed as prime contractor, work performed in the past as a nominated

sub-contractor will also be considered the sub-contract involved execution of all

main items of work described in the bid documents, provided further that all other

qualification criteria are satisfied (in the same name) on works of a similar nature

over the last seven years** and in current year before the submission of the bid.

Value of Date of explaining

Name of Stipulated Actual date

Project Description Contract contract issue of reasons for

the period of of

Name of work No. (Rs. work delay &

Employer completion completion*

Crore) order work

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

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

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#1.3.2 Quantities of work executed as prime contractor, work performed, in the past as a

nominated sub-contractor, will also be considered provided the sub-contract

involved execution of all main items of work described in the bid document,

provided, further that all other qualification criteria are called (in the same name

and style) in the last five years** and in current year before the submission of the

Quantity of work performed (Cum/MT)

Cement Remarks*

Name of Name of

Concrete (indicate

Year the the Earth Bituminous

(Including Masonry contract

work Employer Works Work

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:

Name & Value Stipulated Works*

Description Place & Contract Anticipated of

Address of Contract Period of remaining to

of works State No. completion

Employer (Rs. Cr) Completion be completed

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

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

1.5 Availability of key items of Contractors Equipment for carrying out the works (Ref.

Clause 4.5.5). The Bidder should list all the information requested below.

Requirement Availability Proposals Remarks

Item of Owned/ (from whom

Equipment NO Capacity Leased to be to be

Capacity Conditions

procured purchased

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1.6 Qualifications 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.

Year of Year of experience

Position Name Qualification Experience in the proposed

(General) position

Project Manager

1.7 Proposed sub-contract and firms involved

Value of Sub- Experience in

Sections of the works (Name &

Contractor 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

1.9 Evidence of access to financial resources to meet the qualification requirements:

cash in hand, lines of credit, etc. List them below and attach copied documents.

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

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may provide references if contacted by the Employer.

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

Other Party Amount Remarks showing

Employer Cause of Dispute

(ies) Involved Present Status

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

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

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

drawings and charts as necessary to comply with the requirements of the Bidding

documents. (Refer ITB Clause 4.1)

3. Additional Requirements

3.1 Bidders should provide any additional information required to fulfill the

requirements of Clause 4 of the Instructions to the Bidders, if applicable.

(ii) Undertaking

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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.

(Signature) Name of Bank

Senior Bank Manager Address of the Bank

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1. I, the undersigned, do hereby certify that all the statements made in the required

attachments are true and correct.

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

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 :…………………………………………………………………

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I, the undersigned do hereby undertake that our firm

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 :…………………………………………………………………

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CONDITIONS OF CONTRACT

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Conditions of Contract

A General D. Cost Control

1 Definitions 37 Bill of Quantities

2 Interpretation 38 Changes in the Quantities

3 Language and Law 39 Variations

4 Engineer’s Decisions 40 Payments for Variations

5 Delegations 41 Cash Flow Forecasts

6 Communications 42 Payment Certificates

7 Sub-Contractors 43 Payments

8 Other Contractors 44 Compensations Events

9 Personnel 45 Tax

10 Employer’s & Contractor Risk 46 Currencies

11 Employers Risks 47 Price Adjustment

12 Contractor’s Risk 48 Retention

13 Insurance 49 Liquidated damages

14 Site Investigations Reports 50 Bonus

15 Queries about the Contract 51 Advance Payment

Contractors to Construct the Securities

The Works to be Completed By Deleted

the Intended Completion Date

18 Approval by the Engineer 54 Cost of Repair

20 Discoveries E. Finishing the Contract

21 Possession of the Site 55 Completion

22 Access to the Site 56 Taking Over

23 Instructions 57 Final Account

Disputes Operating and Maintenance manuals

25 Procedure for Disputes

26 Deleted 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 62 Release from Performance

Extensions of the Intended

completion date

Deleted Special Conditions of

30 Delays Ordered by The 63 Labour

Engineer Compliance with labour regulations

31 Management Meetings 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

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CONDITION OF CONTRACT

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

Contract but keep their defined meaning.

• Bill of Quantities means the priced and completed Bill of Quantities forming part of

• 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 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 2.3 below.

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

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

been accepted by the Employer.

• 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 Variations to the

Contract, awarding extensions of time, and valuing the Compensations Events.

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

construct the Works.

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

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

shall complete the Works. The Intended Completion Date is specified in the Contract

Data. The Intended Completion Date may be revised only by the Engineer by issuing an

extension of time.

• Materials are all supplies, including consumables, used by the contractor for

incorporation in the works.

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

or chemical or biological functions.

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

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

and are factual interpretive reports about the surface and subsurface conditions at the

• 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

• 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.

1. Interpretation

1.1 In interpreting these Conditions of Contract, singular also means plural, male also

means female or neuter and the other way around. Heading have no significance.

Words have their normal meaning under the language of the Contract unless

specifically defined. The Engineer will provide instructions clarifying queries about

Conditions of Contract.

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

Contract to the Works, the Completion date, and Intended Completion Date apply to

any Section of the Works (other than references to the Completion Date and Intended

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Completion date for the whole works)

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

(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.

2. Language and Law

2.1 The language of the Contract and the law governing the Contract are stated in the

3. Engineers Decisions

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

between the Employer and the Contractor in the role representing the Employer.

4.1 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.

5. Communications

5.1 Communications between parties which are referred to in the conditions are effective

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

Indian Contract Act).

6. Sub-Contracting

6.1 The Contractor may subcontract any portion of work, up to a limit specified in contract

data, with the approval of the engineer but may not assign the Contract without the

approval of the Employer in writing. Subcontracting shall not alter the Contractor’s

obligations. Sub-contracting of supply or specific items of work is not allowed.

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

work to be subcontracted.

7. Other Contractors

7.1 The Contractor shall cooperate and share the site with other contractors, public

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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.

8.1 The Contractor shall employ the key personnel named in the Schedule of Key

Personnel as referred to in the Contract Data to carry out the functions 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.

8.2 If the engineer asks the Contractor to remove a person who is a member of the

Contractor Staff or his work force stating the reasons the Contractor shall ensure that

the person leaves the Site within seven days and has no further connection with the

work in the Contract.

9. Employer’s and Contractors Risks

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

Contractor carries the risks which these Contracts states are Contractors risk.

10. 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 the Contractor’s employees), and

contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive.

11. Contractor’s Risks

11.1 All risks of loss of 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.

12.1 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

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(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.

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

Engineer for the Engineer’s approval before the Start Date. All such insurance shall

provide for compensation to be payable in the types and proportions of currencies

required to rectify the loss or damage incurred.

12.3 If the Contractor does not provide any of the policies and certificates required, the

Employer may affect the insurance which the Contractor should have provided and

recover the premiums the Employer has paid from payments otherwise due to the

Contractor or, if no payment is due, the payment of the premiums shall be a debt due.

12.4 Alterations to the terms of an insurance shall not be made without the approval of the

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

12.6 Contractor has to submit CAR policy for the project.

12.7 Hon. Supreme Court/High Court guideline as well as implementation of manual

Scavenging Act & Rules (2013 including latest amendment) must be strictly followed

by bidder for Drainage wok for better safety workmen. all Work must be carried out by

using safety equipment and by mechanical equipment by the bidder.

12.8 The Bidder will be responsible to pay minimum Rs.30 Lakhs in addition to the

compensation paid by the Government in case of Death of Workman while execution of

12.9 In case contractor fails to provide CAR policy and WC policy, VMC will get it and

recover the premium of the same from the bill/SD. Also, penalty of 0.5% of contract

value will be recovered from Bill/Sd.

13. Site Investigation Report

13.1 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.

14. Queries about the Contract data

14.1 The engineer will clarify queries on the Contract Data

15. Contractor to Construct the Works

15.1 The Contractor shall construct and install the works in accordance with the

specification and Drawings.

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

16.1 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

17. Approval by the Engineer

17.1 The Contractor shall submit Specifications and Drawings showing the proposed

Temporary works to the Engineer, who is to approve them if they comply with the

Specifications and drawings.

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

17.3 The Engineer’s approval shall not alter the contractor responsibility for design of the

Temporary works.

17.4 The Contractor shall obtain approval of third parties to the design of the Temporary

works where required.

17.5 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.

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

SAFETY MEASURES

a) The Contractor shall be responsible for the safety of all workmen and other persons

entering or in the Works and shall take all measures necessary to ensure their safety to

the approval of the Engineer‘s Representative.

b) Provision of efficient safety helmets for all personnel including the Engineer‘s

Representative and each of his staff and any authorised visitors to site;

c) Provision and maintenance of suitable lighting to provide adequate illumination of

Works with appropriate spares and standby equipment;

d) Provision and maintenance of safe, sound mechanical equipment, each item of having

an up-to- date testing certificates;

e) Provision and maintenance of safe, sound ropes, slings, pulleys and other lifting tackle,

each appliance having an up-to-date testing certificate where appropriate;

f) Provision of notices 1.25m x 1.5 m size written in bold letters in English, Gujarati and

Hindi to be erected on existing footpaths and at points of access likely to be used by the

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public, which shall warn the public of the existence of the Works. These notices shall

be in addition to any statutory requirements demanded of the Contractor.

g) Provision of safety rails (wherever instructed by Engineer in charge)

h) The Contractor shall submit for the approval of the Engineer‘s Representative detailed

proposals under (a), above. When the regulations have been approved and before the

work is started, the Contractor shall distribute copies in English or in their languages

as appropriate to all his employees and to the Engineer‘s Representative.

i) The Contractor shall ensure that all his employees are fully conversant with the

regulation, emergency and rescue procedures etc. and the Contractor shall enforce the

rule that any employee committing a serious breach of such a regulations shall be

instantly dismissed and shall not be re-employed.

j) Contractor shall provide and maintain at his own expenses all lights, guards, fencing

and necessary watchmen when and where necessary or as required by

Owner/Engineer for the protection of the works or for the safety and convenience of

those employed on the works and the public.

k) Contract to shall also provide at his cost traffic barricades, men for diverting and

controlling traffic, necessary signboards for diversion of traffic, in night LED Blinkers

LED rope Light near Excavated trench in the event of failure on the part of Contractor,

Owner may with or without notice to Contractor put up a fence or improve a fence

already put up or provide and/or improve the lighting or adopt such other measures

as he may deem necessary, and all the cost of such work and procedures as may be

adopted by Owner/Engineer shall be borne by Contractor. Maintenance of adequate

warning and general lighting at nights at place of work is essential.

l) Contractor shall take the necessary permission and clearance of all the authorities like

department of Roads, Traffic, Water Supply and Drainage; Electricity Board, Telephone

Company, etc. wherever necessary and observe the regulations regarding the

execution of work in congested areas, heavy traffic areas, etc.

19. Discoveries

19.1 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.

20. Possession of the Site

20.1 The Employer shall give possession of all parts of the site to the Contractor. If

possession of a part is not given by the date stated in the Contract Data the Employer is

deemed to have delayed the start of the relevant activities and this will be a

Compensation Event.

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20.2 If within 25% of the time limit of the project, 80% of possession of the site is not

handed over to the Contractor, then contractor/ Employer may fore-close the contract.

Contractor/Employer has to foreclose the work within 30 days after lapse of 25%-time

limit and after 30 days foreclosure option will be closed.

21. Access to the Site

21.1 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.

22. Instructions

22.1 The Contractor shall carry out all instructions of the Engineer pertaining to works

which comply with the applicable laws where the site is located.

22.2 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.

23.1 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

(A) Should be referred to as Designated and defined officer as Dy.MC/HOD/CE/ACE of

repetitive Department and also as per GAD circular No.498/98-99/Dt.07.07.98 with

revision time to time in future.

(B) In case disputes remains unsolved it shall be refer to Municipal Commissioner.

23.2 Procedure for Disputers

23.3 25.1 The arbitration shall be conducted in accordance with the arbitration procedure stated in

the Special Conditions of Contract.

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B. TIME CONTROL

26.1 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 along with monthly cash flow forecast.

26.2 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.

26.3 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.

26.4 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 and Compensations

27. Extension of the Intended Completion Date

27.1 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.

27.2 The Engineer shall decide whether and by how much stoppage to provided/ 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 of a 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.

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

extension of Intended Completion Date refer to the Employer his decision. The

employer shall in not more than 21 days communicate to the engineer the acceptance

or otherwise of the Engineer’s decision. If the employer fails to give his acceptance, the

Engineer shall not grant the extension and the contractor may refer the matter under

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29. Delays Ordered by the Engineer

29.1 The Engineer may instruct the Contractor to delay the start or progress of any activity

within the works.

30. Management Meetings

30.1 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

30.2 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.

31. Early Warning

31.1 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.

31.2 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

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C. QUALITY CONTROL

# 33. Identifying Defects/ Defect liability period

33.1 Defect liability period: 12 Months

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 here under

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

The defect liability period shall of duration mentioned in contract data and shall start

from date of final completion of entire work and acceptance of work by VMC. During

defect liability period, the Contractor shall make good any defect whatsoever nature

observed in different works equipment, or in part of plant or equipment by

modifying/replacing/repairing of such defective units or parts there at his own cost

within a period of ten days on hearing from Engineer-in-charge/VMC about such

defect during liability period. In case, if Contractor’s fails to do so, it will be got done by

VMC and entire cost shall be recovered from Contractor’s Security

deposit/performance guarantee or other dues as may be possible.

For said work, the period shall be 12 Months from the certified date of completion.

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

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

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, as per government circular.

Modified vide R & B D Circular No. PAC-11-102008-2076-N dated 31/8/2009,

PRCH/102013(2976) 2759-N, Dated 27/05/2013 and Circular

No.TNC/10/2016/Clause 17A (Correction/(1)C Dated 12/05/2016]

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33.2 Free maintenance guarantee period for works of Road/Bridge construction

(a) For resurfacing work of road free maintenance guarantee period one year from the

date of completion.

(b) In case of widening of the road/strengthening of the road/bridge, the contractor shall

have to give four years free maintenance guarantee from the certified date of

completion. During this period the contractor shall visit the site every six months along

with the concerned Section Officer / Deputy Executive Engineer and will examine the

work already carried out in this contract like road work, jungle cutting, side shoulders,

side gutter, road furniture, patta etc. and will prepare Km. wise inspection report duly

signed by all concerned and any defect observed shall be done within 15 days by the

contractor at his risk and cost as per the direction of Engineer in charge. The

contractor needs to do videography of these visits and require to submit at the time of

release of FMG. If B.T. the surface during the maintenance period of 4 years is worn out

then agency shall have to provide renewal coating as per tender item as directed by

the Engineer-in- charge. The amount equivalent to 5% of each running bill shall be

withheld and will be released after the free maintenance guarantee period (i.e. 4 years)

However, this amount shall be released against fixed deposit or bank guarantee

pledged in the name of Executive Engineer after completion certificate of work is

(1) The flakiness and elongation index (combined) for coarse aggregates under no

circumstances shall exceed the allowable limit set forth in the relevant clause for the

material in question.

(2) 2% of the amount eligible for the payment of bituminous items shall be withheld till

the miscellaneous items like earthwork in embankment / cutting for side shoulders,

side gutters, kilometer / indicator / guard stones, sign boards etc. are completed in all

respect by the contractor. After completion of the miscellaneous items, the above said

2% withheld amount shall be released.

(Govt. of Gujarat's G.R. No.: TNC-10-2013-3(Part-3)/C, Dtd. 13/12/2013).

(3) Videography for the surface under Maintenance Guarantee is to be done as per Govt.

letter No.: SSR/10/2015-16/26/C, Dtd. 26/11/15 for the work costing more than Rs.

(4) Setting up of adequate laboratory & deployment of quality engineers.

The contractor shall have to set up the laboratory with adequate equipment. Till the

setting up of adequate laboratory is completed & reported of this to the engineer

(subject to due verification by engineer’s representative) by contractor in writing,

Rs.2,00,000/- shall be withheld. The qualified quality Engineer shall be deployed

exclusively for this contract by the contractors. If quality Engineer is not deployed by

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contractor within one month after the date of work order, the amount equivalent to

Rs.20,000 per month shall be recovered till the actual deployment of quality engineer.

The amount so recovered towards the deployment of quality engineers shall not be

(5) Asphalt work will have to be cross checked as per G.R. No.: RGN/60/2006/35/C,

dtd.31/05/07 before final bill is paid.

(6) Maintenance during Construction Period

During the Construction Period, the Contractor shall maintain, at his own risk and cost,

the existing lane(s) of the road so that the traffic worthiness and safety thereof are at

no time materially inferior as compared to their condition 10 (ten) days prior to the

date of the Agreement, and shall undertake the necessary repair and maintenance

works for this purpose; provided that the Contractor may, at his cost, interrupt and

divert the flow of traffic if such interruption and diversion is necessary for the efficient

progress of works and conforms to Good Industry Practice; provided further that such

interruption and diversion shall be undertaken by the Contractor only with the prior

written approval of the Executive Engineer which approval shall not be unreasonably

withheld. For the avoidance of doubt, it is agreed that the Contractor shall at all times

be responsible for ensuring safe operation of the road.

33.3 The Engineer shall check the Contractor’s work and notify the Contractor of any

defects that are found. Such checking shall not affect the Contractor’s responsibilities

the Engineer may instruct the Contractor to search for a Defect and to uncover and test

any work that the Engineer considers may have a Defect.

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

Specification to check whether any work has a Defect and the test shows that it does,

the Contractor shall pay for the test and any samples. If there is no defect the test shall

be a Compensation Event.

34.2 All test and types of tests to be performed as per IS specifications and instruction of

EIC. In case if it is not done or up to the mark by bidder, 1% deduction form the work

done in particular RA bill should be done.

34.3 Testing shall be done by collecting samples from site in Govt. approved testing

laboratory 10% of total Quantity in M.S.U. or GERI at the cost of the contractor. The

Contractor has to deposit the testing fee for TPI as per rules separately.

34.4 THIRD PARTY INSPECTION

All the Major Items Like Pressure transmitter, Flow meter, Bellow, Butterfly valve,

Level transmitter, PH/Chlorine/Turbidity Analyzer, PLC Panel, LOH-ROF, All Cables (In

case of Individual Cable’s Cumulative Qty >= 500 Mtr.), Cable tray (In case of Individual

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Tray’s Cumulative Qty >= 500 Mtr.) shall be subjected to third party inspection as

stated in technical specifications from approved TPI Agency by VMC at manufacturer’s

place as well as at VMC’s work site with their test certificates satisfying the IS

requirements. Third party inspection charges for all above material shall be borne by

the contractor.

If VMC/ PMC/ TPI Engineers intend to witness the testing at manufacturer’s works

Entire expenses of said testing, including to & from traveling by Air, lodging and

boarding etc. of maximum Two VMC/ PMC Engineers and 1 Third Party Inspector shall

be borne by the bidder.

During TPI, the PMC representative must be from relative field only for all the item

whose inspection is being carried out.

All the Material Test certificate provided by OEM for all the Item must be tested from

NABL accredited LAB or as decided by EIC.

35. Correction of defects

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

defects Liability Period, which begins at Completion and is defined in the contract data.

The Defects Liability Period shall be extended for as long as Defects remain to be

35.2 Every time notice of a Defect is given; the Contractor shall correct the notified defect

within the length of time specified by the Engineer’s notice.

36. Uncorrected Defects

36.1 If the Contractor has not corrected a defect within the time specified in the Engineer’s

notice, the Engineer will assess the cost of having the Defect corrected, and the

Contractor will pay this amount.

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D. COST CONTROL

37. Bill of Quantities

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

commissioning work to be done by the Contractor.

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

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

38. Change in the Quantities

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

specifications, drawings, designs and instructions that may appear to him to be

necessary or advisable during the progress of the work and the contractor shall be

bound to carry out the work in accordance with any instruction in this connection

which may be given to him in writing signed by the Engineer and such alteration shall

not invalidate the contract and any additional work which the contractor may be

directed to do in the manner above specified as part of the work shall be carried out by

the contractor on the same conditions in all respects on which he agreed to do the

main work and at the same rate as are specified in the tender for the main work.

Except that when the quantity of any item exceeds the quantity as in the tender by

more than 130%, the contractor will be paid for the quantity in excess of 130%, at the

rate entered in the SOR of the year during which the excess in quantity is first

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 items, 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 Add.

City 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

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

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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 as per powers delegated to VMC officials.

40.2 If the additional or altered work, for which no rate is entered in the “Schedule of Rates”

of the Division is ordered to be carried out before the rate is agreed upon, then the

contractor shall within seven days of the date of receipt by him of the order to carry

out the work, inform the Engineer-in-charge of the rate, which it is his intention to

charge for such class of work and if the Engineer in charge does not agree to this rates,

he shall by notice in writing be at liberty to cancel his order to carry out such class of

work and arrange to carry it out in such manner as he may consider it advisable,

provided always that if the contractor shall commence work or incur any expenditure

in regard thereof before the rates shall have been determined as lastly herein before

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

carried out or expenditure incurred by him prior to the date of the determination of

the rate as aforesaid according to such rate or rates as shall be fixed by the Engineer-

in-charge. In the event of the dispute, the decision of the Add. City Engineer, HOD of the

Water Works Department 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

41. Cash Flow Forecasts

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

updated cash flow forecast.

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

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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

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

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

recoveries in terms of the contract and taxes at source, as applicable under the law.

The Employer shall pay the Contractor the amounts certified by the Engineer within

days of the date of each certificate.

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

Contractor will be made by the Employer. Hence, it is the responsibility of the

contractor to pay the GST to the concerned Authority.

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

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

- Payment Condition as per payment schedule.

% of quoted price of particular

1 On supply of material at site 75 %

On completion of Installation,

2 testing & commissioning of 15 %

Respective Item

3 On Completion of Entire work 10 %

44. Compensation events

44.1 The following are compensation Events unless they are caused by the Contractor:

(a) The Employer does not give access to a part of the Site by the site Possession date

stated in Contract data to the Contractor

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44.2 In case of compensation event occurs and it prevents the work being completed

beyond the Intended Completion Date then Authority will approve EOT (Extension of

Time) with eligible contractual price escalation.

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

date of bid submission except GST. However, any subsequent changes in the tax

structure by Government after due date of bid submission will be compensated (+/-)

on availability or submission of actual documentation. Contractor will have to intimate

Engineer regarding changes occurred in the tax structure after bid submission. If the

contractor fails to provide such information and if any financial obligation may arise

due to change in tax structure, same will be recovered from the contractor.

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

contractor to pay the GST to the concerned Authority.

46. Currencies.

46.1 All payment shall be made in Indian Rupees.

47. Price Adjustment

47.1 Contract price shall be adjusted for increase or decrease in rates and price of labour,

materials (Cement, Steel, HR Coil & Pig Iron), fuels and lubricants in accordance with

the following principles and procedures and as per formula given in the contract data:

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

contract data up to end of the initial intended completion date or extensions granted

by the Engineer and shall not apply to the work carried out beyond the stipulated time

for reasons attributable to the contractor.

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

in the contract data.

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

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

advance granted, if any, during the month less the amount of secured advance

recovered, if any during the month. It will exclude value for works executed under

variations for which price adjustment will be worked separately based on the terms

mutually agreed.

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

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

prices included in the contract shall be deemed to include amounts to cover the

contingency of such other rise or fall in costs.

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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

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 2.5% 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 of 0.05% of

total contract value 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 exceed the 10% of the total contract

The total amount of liquidated damages shall not exceed the 10% of the total contract

amount. The Employer may deduct liquidated damages from payment due to the

Contractor. Payment of liquidated damages does not affect the Contractor’s liabilities.

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

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,

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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.

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

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

a sum stated in Contract Data as bonus for every completed month but subjected to

maximum amount as stated in Contract Data; which shall elapse between the date

of completion of all items of works as stipulated in the contract, including variations

ordered by the Engineer and the time prescribed in Clause

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

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

% of Time Saved % of Initial Contract Price

entitled for Bonus

Less than 10% 0%

51. Advance Payment.

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

except in special circumstances for which the reason to be Recorded in writing) to the

Contractor of the amounts stated in the Contract Date by the date stated in the

Contract Date, against provision by the Contactor of an Unconditional Bank Guarantee

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in a form and by a bank acceptable to the Employer in amounts and currencies equal to

be at least 110% of the advance payment. The guarantee shall remain effective until

the advance payment has been repaid, but the amount of the guarantee shall be

progressively reduced by the amounts repaid by the Contractor. The Mobilization

advance would be deemed as interest bearing advance at an interest rate of 10 % to be

compounded, quarterly.

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

Mobilization expenses required specifically for execution of the Works. The Contractor

shall demonstrate that advance payment has been used in this way by supplying copies

of invoices or other documents to the engineer.

51.3 The advance payment shall be repaid by deduction proportionate amount from

payments otherwise due to the Contractor, following the schedule of completed

percentages of the Works on a payment basis. No account shall be taken of the advance

payment or its repayment in assessing valuations of work done, variations, price

adjustments, Compensation Events, or Liquidated damages.

52.1 The performance Security (including additional security for unbalanced bids) shall be

provided to the Employer no later than the date specified in the Letter of Acceptance

and shall be issued in an amount and form and by a bank or surety acceptable to the

Employer, and denominated in Indian Rupees. 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.

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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

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.

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and/or operating and maintenance manuals are required, the

Contractor shall supply them by the dates stated in the Contract data.

58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in

the Contract data, or they do not receive the Engineer’s approval, the Engineer shall

withhold the amount stated in the Contract Data from payments due to the Contractor.

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the other party causes a

fundamental breach of the Contract.

59.2 Fundamental breaches of Contract include, but shall not be limited to the following:

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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

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 due to the Employer

data. Additional Liquidated Damages shall not apply. If the total amount due to the Employer

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exceeds any payment due to the Contractor the difference shall be a debt payable to the

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

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.

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F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract, make his own

arrangements for the engagement of all staff and labour, local or other, and for their

payment of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the Engineer a return in

detail, in such form and at such intervals as the Engineer may prescribe, showing the

staff and the numbers of the several classes of labour from time to time employed by

the Contractor on the site and such other information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub- contractor 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 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.

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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

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 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

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

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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

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

Sign of Contractor Page 68 of

reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof from time to

time shall be applicable.

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management plan for best

energy use, waste management, the reduction of pollution as in EMS (Environmental

Management system)ISO-14001-

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

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 wrongly

taken, the decision shall be referred to Add. City Engineer (HOD-Water Works) within

14 days of the notification of the Engineer's decision. If the issue is not resolved, any

party can refer the matter for conciliation within 15 days from the decision given by

the Add. City Engineer.

(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied with the decision of

the Add. City Engineer, both the parties have to refer to the Municipal Commissioner,

Vadodara concerned for the conciliation process.

(b) For the work more than Rs.100 Cr., if any of the parties is not satisfied with the

decision of the Superintending Engineer, both parties have to refer to the #Secretary,

Roads & Building Department, Government of Gujarat for the conciliation process.

If the dispute is not resolved through the conciliation process, contractor may refer the

dispute to Arbitration. Arbitration and legal matters/proceedings associated within

this scope/tender shall be subject to Vadodara Court’s Jurisdiction only. If the

Contractor fails to refer a claim / dispute to the Higher Authority within 14 days of the

notification of the Engineer's decision, the Contractor shall not be entitled to any

additional payment/claim if he doesn’t follow the above sequence in stipulated time.

However, during such period, he would not stop the work in any case.

1. The contractor shall have to check the actual requirement of pipes/ materials on site,

before placing the order for supply. VMC will neither be responsible for excess

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quantity to the actual requirement on site nor for delay in the actual supply

2. The contractor shall make necessary storage arrangement for all items (one by one)

supplied require for work, Security of all supplied equipment will be arrange by

contractor till completion of whole work, for that require security staff shall also be

provided at his own cost and risk till completion of whole work, otherwise any

item/equipment stolen, misplace or created damages, contractor must necessary

arrangement for re-supply and/or repair of the same item/equipment at his own cost

3. Contractor will be responsible for any damage created during transportation and

loading- unloading for work, if found that require rectification/ replacement

immediately to be done at contractor’s cost and risk.

4. Contractor will be responsible for any accident during work, if found all require

arrangement immediately to be done at contractor’s cost and risk.

5. Except where otherwise specified in the Contract and subject to the powers delegated

to the Engineer-in-charge by the VMC, the decision of the Engineer-in-charge for the

time being shall be final conclusive and binding on all parties to the Contract upon all

question relating to the meaning of the specifications, designs, drawings and

instruction herein before mentioned and as to the quality of workmanship or material

used on the work or as to any other question, claim, right, matter or thing whatsoever,

in anyway arising out of or relating to the Contract designs, drawings, specifications

estimates, instructions, orders or these conditions or otherwise concerning the works

or the execution of failure to execute the same, whether arising during the progress of

the work or after completion of abandonment thereof.

6. All items of supply shall be of relevant ISI or ISO whichever is applicable or as specified

and the work done shall be with standard practices of Mechanical & Electrical

engineering. All necessary equipments required for erection shall be arranged by the

contractor, and Electrical work shall be carried out as per Electricity Rules.

7. The contractor shall provide all necessary materials equipments, labor and technical

staff, Supervisor etc. for work at his cost and risk till completion. Contractor shall have

to take necessary insurance cover for his personnel (for example CAR policy).

8. Any revision or amendment in the IS code shall be considered and items shall be

supplied with prevailing IS code.

9. The Bidder shall be considered to have visited the site of work, fully acquainted

himself with the local situations regarding materials, labour and other factors

pertaining to work and studied the plans and estimates before submitting the tender.

Bidder must have to upload confirmation for site visit along with tender documents.

10. Miscellaneous items for carrying out work shall be arranged by contractor. No extra

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payment for this miscellaneous item will made to the contractor.

11. If the work executed is found to be of inferior quality or of any substandard quality not

confirming to the specifications at any point of time during the inspection of by

Engineer-in- charge or any higher Authority, the contract shall be terminated without

assigning any reasons thereof and no payment shall be made towards the probable

damages or loss caused to the contractor and materials purchased by him for this work

and no compensation whatsoever either shall be paid to contractor by Municipal

12. The contractor shall take ‘All contract risk insurance policy” for the estimated cost of

work of “Work’s man compensation policy” for all workers and labours of contractor

and clients working at site and “Third party insurance policy” to fully cover all third-

party type risk. The insurance policy so taken by the contractor for such purpose shall

be in the joint name of the contractor and the client and the policy shall be deposited

with the clients.

13. Contractor to provide necessary transportation facility 24*7 during Execution period.

14. The price/rates quoted in the tender should include all charges for hire, if necessary, of

any tools and plant, temporary plumbing, water connection, maintenance of sanitary

and water connections, supply of water, cost of cisterns, sheds for materials and plant,

charges for getting electric connection and use of electricity and maintaining the same,

clearing the site, watering, rolling etc. as specified. All prices shall be inclusive of the

all the Taxes, duties, levies, etc. applicable on the last date of submission of the Tender

15. The Tender Evaluation Committee may ask for meetings or presentation with the

Bidders to seek clarifications or conformations on their bids. Inability to submit

requisite supporting documents/documentary evidence by Bidders may lead to

rejection of their bids.

16. The Contractor shall give minimum wages as per the Govt. Norms to labour and

workmen employed by him. If there is any dispute, it is the contractor’s own

responsibility.

17. Method of work must be approved by contractor before work at site as per direction of

Engineer In charge.

18. Tendered rates shall include all the material, labour and requirements of plants,

machinery, equipment, supervision, handling, cleaning, testing etc. (whether

mentioned in the item or specifications etc. or not) which is required and necessary to

complete the item

19. The Contractor shall have to Upload Site Photographs of Day to Day progress in

WhatsApp Group and shall submit weekly progress over email and monthly progress

through letter to track ongoing work.

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20. VMC has appointed PMC, TPI, and/or any other agency deemed fit for third-party

inspection or Project Monitoring Consultants of the project. Bidders are bound to

comply with the comments given by them.”

All Item as specified in tender and/or as decided by EIC must be inspected as per

approved QAP at manufacturer’s premises. All Item inspection will be done at

manufacturer premises as well as at site in presence if VMC, PMC and TPI agency’s

representative.

The VMC or its TPI agency shall have the right to inspect and/ or to test the Goods for

confirm their conformity to the Contract. The Special Conditions of the Contract

and/or the Technical Specifications shall specify what inspections and tests the

employer requires and where they are to be conducted. If not specified or not

withstanding any mention, the Contractor shall submit the inspection plan of all major

bought-out items for approval with client and TPI agency the stages of in section as per

manufacturer’s quality plan and shall arrange to carry out the inspection along with

client and it’s TPI agency at manufacturer’s works as per the approved plan. The VMC

shall notify the Contractor in writing of the identifying of any representatives retained

for these purposes. All the expenses pertaining to inspection viz. lodging & boarding,

transportation, all facilities as required shall be borne by the Contractor for the

VMC/TPI agency representatives.

VMC has right to inspect, test and where necessary, reject the Goods after the Good’s

arrival in India shall in no way be limited or waived by reasons of the Goods having

previously been inspected, tested and passed by the VMC or its TPI agency prior to the

Good’s shipment from the country of origin.

All the major items as decided by Engineer-in-charge as per QAP shall be subject to

third party inspection from any TPI agency approved by VMC e.g. RITES, CEIL etc.

Appointment of TPI agency will be done by VMC. Contractor shall produce

receipt of payment to TPI Agency. In case contractor fails to do payment to TPI

agency, VMC will cut the whole amount from running bill.

At manufacturer’s place as well as at work site, third party inspection charges for all

above material including taxes and other charges shall be borne by the Contractor.

If VMC/ TPI Engineers intend to witness the testing at manufacturer’s works or at

ERDA / EQDC / GOVT. Institute or any other place approved by VMC, the entire

expenses of said testing, including to & fro traveling by Air, lodging and boarding, etc.

shall be borne by the Contractor.

21. Time Limit for Completion of work

The period of completion shall be 15 Months excluding 1 monsoon

Shutdown for work

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The contractor shall request for Installations which requires shutdown in existing

System. In case the shutdown is not given by the department due to operational

constrains of department. The successful bidder will be provided stoppage for such

events on producing valid justification of delay of work subject to approval from

competent authority of VMC No financial compensation will be given for such delay.

In the live system, Department will give time and the work shall be performed within

the given timeline, if work is not taken in the given timeline, the cost of such

advertisement plus Rs. 10,000 will be recovered from successful bidder.

22. In case of work for which there is no such specification, work shall be carried out in

accordance with the P.W.D. or I.S.I. specifications and in the event of there being no

P.W.D. or I.S.I. specifications, the work shall be carried out in all respects in accordance

with the instructions and requirements of the Engineer-in-charge.

23. INDEMNITY : The Contractor shall indemnify the VMC against all actions, suits claim

and demands through or made against the department in respect of work of this

contract and against any loss or damage to Department in consequence of any action

or suit being brought against the Contractor for anything done or omitted to be done in

execution of the work of this Contract.

24. 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 shall be inclusive for hard

or cracked soil excavation in mud sub-soil water, or water standing in borrow pits and

no claim for an extra rate shall be entertained unless otherwise specified.

25. LIABILITY OF CONTRACTOR FOR ANY DAMAGE DONE IN OR OUTSIDE WORK AREA :

Compensation for all damage done intentionally or unintentionally by Contractor’s

labours whether in or beyond the limits of the work site including any damages caused

by the spreading of Fire mentioned in Cl ause 18 shall be estimated by the Addl. city

Engineer or such other officer as the VMC may appoint and the estimates of the VMC

shall be final and the Contractor shall have to pay the amount of the assessed

compensation on demand failing which the same will be recovered from the

Contractor as damages in the manner prescribed in Clause 1 or deducted by the

Engineer-in-charge from any sums that may be due to or become due from the VMC to

the Contractor under this Contract or otherwise. The Contractor shall bear the

expenses 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 shall be also pay any damage and cost that may be the court in

consequence. However, in any case VMC cannot be suit under any circumstances.

26. The Engineer will issue a stoppage/extension of time upon taking approval as per

VMC Delegation of Power Order for the extended duration.

27. The approval for access-saving and extra items shall be obtained from competent

authority according to Delegation of Power order of VMC.

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28. TERMINATION/DETERMINATION OF THE CONTRACT

In any case, under any Clause/s of this tender, the contractor has rendered itself liable

to pay compensation if a breach of any of the terms, conditions, specifications, etc. The

VMC shall have power

If work is found unsatisfactory, VMC shall terminate the contract after giving notice

period of 15 days and in this case decision of competent authority, for forfeiture of SD

/ EMD / Performance guarantee etc and debarring / blacklisting the agency shall be

binding to the contractor.

This activity is under essential service, so contractor is not allowed to stop this work

at any point of time.

Notwithstanding, if contractor stop / leave the work by his own discretion SD / EMD /

Performance guarantee, Amount pending in running bill etc. shall be forfeited and

additional expenditure for execution of remaining work shall be recovered through, if

be needed, legal proceeding and Agency shall be debarred / blacklisted subject to

approval of competent authority.

To terminate the contract of which a notice in writing to the Contractor by the VMC

shall be conclusive and binding in which case the security deposit /Performance

guarantee of the contractor shall stand forfeited, at the absolute disposal of the SMC.

To take such part of the work as shall be un-executed and to give it to another/other

contractor to complete, in which case the expenses incurred, if any, in excess of the

sum which would have been paid to the original contractor, if the whole work had

been executed by him (the certificate of VMC for the excess amount shall be final and

conclusive) shall be borne and paid by the original contractor and may be deducted

from any money due to him by the VMC under the contract or otherwise or from the

security deposit or the proceeds of sale thereof, or a sufficient part thereof.

In the event of any of the above courses being adopted by the VMC, the Contractor

shall have no claim for compensation for any loss sustained by him by the reason of

having purchased or procured any materials, or entered into any engagements, or

made any advances on account of, or with a view to the execution of the work or the

performance of the contract. And in case the contract shall be terminated under the

provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum

for any work thereof or actually performed under this contract, unless and until VMC

certifies in writing the performance of such work and the value payable in respect

thereof, and the contractor shall only be entitled to be paid the value as certified by

Sign of Contractor Page 74 of

The Contractor shall be solely responsible for ensuring safety, health and welfare of all persons

employed by him or his sub-contractors during entire contract period.

The Contractor shall comply with all applicable Central Government, Government of Gujarat

Acts, Rules, Regulations, Municipal By-laws, BIS Codes and statutory provisions in force

from time to time.

The Contractor shall take all necessary precautions to prevent accidents, injury to persons,

damage to property and obstruction to municipal services and public movement.

29.2 STATUTORY ACTS, RULES & CODES

The Contractor shall strictly comply with the latest provisions of:

a) Electricity Act,

b) Indian Electricity Rules,

c) CEA Safety Regulations,

d) Factories Act, 1948 and Gujarat Factory Rules (where applicable)

e) Bureau of Indian Standards (BIS) including:

• IS 5216 (Part 1 & 2) – Safety Practices in Electrical Works

• IS 3696 (Part I & II) – Safety for Scaffolding and Ladders

• IS 3016 – Safety for Welding and Cutting

• IS 10386 – Safety Code for Construction & Plant Machinery

f) CPHEEO Manual on Water Supply and Treatment

g) Government of Gujarat – UD&UHD guidelines

h) Vadodara Municipal Corporation specifications

i) Any other statutory requirements applicable to water supply works.

29.3 SAFETY MANAGEMENT & SUPERVISION

The Contractor shall deploy a competent Safety Supervisor throughout the contract period.

Only trained, qualified and licensed personnel shall be engaged for electrical and

mechanical works.

Safety induction training shall be conducted for all workers before commencement of work and

records shall be maintained.

29.4 PERSONAL PROTECTIVE EQUIPMENT (PPE)

The Contractor shall provide and enforce compulsory use of:

• Safety helmets

• Electrical / mechanical hand gloves

• Eye and face protection

• Reflective jackets

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• Full body safety harness for ESR / reservoir work

• Respiratory masks for chlorination and confined spaces

• Arc-flash PPE for electrical works, wherever required

Non-use of PPE shall be treated as a serious violation.

29.5 ELECTRICAL SAFETY

All electrical installations at pumping stations, WTP and reservoirs shall comply with Indian

Electricity Rules and CEA Regulations.

No live electrical work shall be permitted. Proper Lock-Out / Tag-Out (LOTO) procedures

shall be followed.

All pumps, motors, panels and control systems shall be properly earthed and protected with

Rubber insulating mats, danger boards and barricading shall be provided near panels and

Only licensed electricians shall work on electrical installations.

29.6 CIVIL & STRUCTURAL SAFETY

All excavations shall be properly barricaded, shored and illuminated.

Scaffolding and formwork shall conform to BIS standards and be regularly inspected.

29.7 PUBLIC SAFETY & TRAFFIC MANAGEMENT

As works are carried out within municipal limits, the Contractor shall ensure:

• Proper barricading of trenches and work areas

• Display of caution boards and warning lights

• Safe pedestrian and vehicular movement

Trenches across roads and footpaths shall be properly restored immediately after work to the

satisfaction of VMC.

29.8 HOUSEKEEPING & SITE CONDITIONS

The site shall be maintained in a clean and hygienic condition at all times.

Safety sign boards shall be displayed in Gujarati, Hindi and English.

29.9 FIRE SAFETY & EMERGENCY MEASURES

Adequate fire extinguishers shall be provided at pumping stations, electrical rooms and

chemical storage areas.

First-aid boxes and trained first-aiders shall be available at site.

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Emergency contact numbers of VMC officials, hospitals and fire brigade shall be displayed.

29.10 ACCIDENT REPORTING & INSURANCE

The Contractor shall maintain accident registers and safety records.

The Contractor shall obtain and maintain valid:

• Workmen Compensation Insurance

• Third Party Liability Insurance

• Any other insurance as per tender condition

29.11 PENALTY FOR NON-COMPLIANCE

The Engineer-in-Charge, VMC may impose penalties for safety violations.

Repeated violations may result in suspension or termination of contract at Contractor’s risk

29.12 RESPONSIBILITY & INDEMNITY

The Contractor shall be solely responsible for safety of workmen, VMC staff and the general

The Contractor shall indemnify against all claims, losses, damages or legal proceedings arising

due to accidents, safety lapses.

Sign of Contractor Page 77 of

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

Clause Reference With respect To section

1. The Employers is [CL.1.1]

Name: THE EXECUTIVE ENGINEER

Address: 2nd floor, room no.-210,

Vadodara Municipal Corporation,

Khanderao Market Building,

Vadodara-390001

Name of authorized Representative (will be intimated later)

The Engineer is The Executive Engineer, Water Works Project, Vadodara

Municipal Corporation.

Name of Authorized Representative: The Executive Engineer, Water

Works Project, Vadodara Municipal Corporation, Vadodara.

The Defect Liability Period is 12 Months for all work from the date of

Completion of work.

The Start Date shall be 7th days for the date of issue of the Notice to

4. proceed with the work. [CL.1.1]

The Intended Completion Date for the whole of the works is

5. 15 Months excluding 1 monsoon and including trial run period [CL.1.1,17&2]

Milestone dates:

Physical works to be completed Period from the start date

6. The Site is located at Across Vadodara city and Outside city area. [CL.1.1]

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

The works consist of Rs. 4,36,80,377/- with items as per B.O.Q.

8. The works shall, inter alia, include the following, as Specified or as [CL.1.1]

9. Scope of work

Please refer section 5 of the same document

(C) Other Items [CL.1.1]

Any Other Items as required to fulfill all contractual obligations as per the Bid

Sign of Contractor Page 79 of

10. The following documents also form part of the Contract: [CL.2.3(9)]

As per clause 2-3

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]

14. The Schedule of Other Contractors [CL.8]

15. The Schedule of Key PersonnelAs per Annex – II to Section I [CL.9]

16. • The minimum insurance cover for physical property, injury and death is [CL13]

Rs. 5 lakhs per occurrence with the number of occurrences limited to four.

After each occurrence, the contractor will pay an additional premium

necessary to make insurance valid for four occurrences always.

• Contractor has to submit CAR policy for the project.

• Hon. Supreme Court/High Court guideline as well as implementation of

manual Scavenging Act & Rules (2013 including latest amendment) must

be strictly followed by bidder for Drainage wok for better safety workmen.

all Work must be carried out by using safety equipment and by mechanical

equipment by the bidder.

• The Bidder will be responsible to pay minimum Rs.30Lakhs in addition to

the compensation paid by the Government in case of Death of Workman

while execution of the work.

17. Site Investigation report: VMC did not have any data readily available. Same [CL.14]

shall be assessed by bidder before bidding.

18. The Site Possession dates shall be …………………….. [CL.21]

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

21 days from the issue of Letter of Acceptance.

20. The period between program updates will be days. [CL.27.3]

21. The amount to be withheld for late submission of an updated programme shall [CL. 27.3]

be Rs 0.50 lakhs

Sign of Contractor Page 80 of

22. The following events shall also be Compensation Events [CL. 44]

Substantially adverse ground conditions encountered during the course of

execution of work not provided for in the bidding document.

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring additional

mobilization by the contractor, e.g. ordinary soil to rock excavation,

(iii) Removal of unsuitable material like marsh, debris dumps,

etc. not caused by the contractor.

(iv) Artesian conditions

(v) Seepage, erosion landslide

(vi) River training requiring protection of permanent work

(vii) Presence of historical, archeological or religious structures,

monuments interfering with the works

(viii) Restriction of access to ground imposed by civil, judicial, or military

23. The currency of the Contract is Indian Rupees [CL. 46]

24. The formula (e) for adjustment of prices are as under: [CL.47]

• If any of the commodities like Cement, Steel or Bitumen are not found

applicable in a work, the weight component of that commodities {i.e.

‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen' (Pb) as indicated in SBD for the

purpose of Price Adjustment} shall be clubbed with the weight component

of ‘Other Material’ (Pm), such that the gross % weight of the components

shall remain as 100% .

• The contractor shall maintain original purchase invoice and consumption

register of materials.

R = value of work as defined in Clause 47.1 of Conditions of Contract

Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost due to labour shall

be paid in accordance with the following formula:

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VL = Increase or decrease in the cost of work during the month

under consideration due to changes in rates for local labour

L0 = The consumer price index for industrial workers for the State on

28 days preceding the scheduled date of opening of technical

Bids as published by Labour Bureau, Ministry of Labour,

Government of India

Li = The consumer price index for industrial workers for the State for

the month under consideration as published by the Labour

Bureau, Ministry of Labour, Government of India.

Pl = Percentage of labor component of the work.

Adjustment for cement component.

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

procured by the contractor

Vc = Increase or decrease in the cost of work during the month under

consideration due to changes in rates for cement.

C0 = The all India wholesale price index for Ordinary Portland Cement on

28 days preceding the scheduled date of opening of technical bid as

published by the Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Ci = The all India average wholesale price index for Ordinary Portland Cement for the

month under consideration as published by Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade, Ministry of Commerce

Pc = Percentage of cement component of the work

Adjustment for steel component

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

contractor shall be paid in accordance with the following formula

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Vs= Increase or decrease in the cost of work during the month under consideration due to

changes in the rates for steel

So= The all India wholesale price index for steel (Mild Steel - Long Products Rebars)

on 28 days preceding the date of opening of Bids as published by the Office of the

Economic Adviser, Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Si= The all India average wholesale price index for steel (Mild Steel - Long Products

Rebars) for the month under consideration as published by Office of the

Economic Adviser, Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Ps = Percentage of steel component of the work

Note : For the application of this clause, the index of Mild Steel- Long products Rebars

has been chosen to represent the steel group.

Adjustments of bitumen component

(iv) Price adjustment for increase in the cost of bitumen shall be paid in accordance

with the following formula

Vb = Increase or decrease in the cost of work during the month under

consideration due to changes in rates for bitumen.

Bo = The official retail price of bitumen at the IOC depot at the nearest centre on the

day 28 days prior to the scheduled date of opening of technical bid.

Bi = The official retail price of bitumen of IOC depot at the nearest centre for the

15th day of the month under consideration.

Pb = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

(v) Price adjustment for increase or decrease in cost of POL (fuel and lubricant) shall

be paid in accordance with the following formula

Vf = Increase or decrease in the cost of work during the month under consideration

due to changes in rates for fuel and lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at the existing consumer

pumps of IOC at the nearest centre on the day 28 prior to the date of opening of

Sign of Contractor Page 83 of

Fi = The official retail price of HSD at the existing consumer pumps of IOC at the

nearest centre for the 15th day of the month of the under consideration.

Pf = Percentage of fuel and lubricants component of the work

Note: For the application of this clause, the price of High-Speed diesel Oil has been chosen

to represent the fuel and lubricants group.

Adjustment for Construction Machinery

(vi) Price adjustment for increase or decrease in the cost of plant and Machinery spare

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

Vp= Increase or decrease in the cost of work during the month under consideration

due to changes in rates for plant and machinery spares

P0 = The all India wholesale price index for manufacturer of machinery for

mining, quarrying and Construction for the month under consideration as

published Office of the Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce & Industry.

Pi = The all India average wholesale price index for manufacturer of machinery

for mining, quarrying and Construction for the month under consideration as

published Office of the Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce & Industry.

Pp = Percentage of plant and machinery spares component of the work.

Note: For the application of this clause, index of Heavy Machinery and parts has been

chosen to represent the Plant and Machinery Spares group

Adjustment of other materials Component

(vii) Price adjustment for increase or decrease in cost of local materials other than

cement, steel, bitumen and POL procured by the contractor shall be paid in

accordance with the following formula

Vm = Increase or decrease in the cost of work during the month under

consideration due to change in rates for local materials other than cement, steel,

bitumen and POL.

M0 = The All Indian wholesale price index (all commodities) on 28 days preceding

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the scheduled date of opening of technical Bids, as published by the Office of the

Economic Adviser, Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Mi= The All India wholesale price index (all commodities) for the month under

consideration as published by the Office of the Economic Adviser, Department

for Promotion of Industry and Internal Trade, Ministry of Commerce &

Pm = Percentage of local material components (other than cement, steel, bitumen

and POL) of the work.

The following percentage will govern the price adjustment for the entire contract

For ESR, GSR, Transformer Room, HT Panel room:

1. Labour –Pl 26 %

2. Cement – Pc 14 %

3. Steel - Ps 20 %

4. Bitumen - Pb 0%

5. POL – Pf 30 %

6. Plant & Machinery Spares P 0 %

7. Other Materials Pm 10 %

The following percentage will govern the price adjustment for the entire contract

1. Labour –Pl 0%

2. Cement – Pc 0%

3. Steel - Ps 0%

4. Bitumen - Pb 0%

6. Plant & Machinery Spares P 35 %

7. Other Materials(HR COIL & PIG IRON)P m 65 %

25. The proportion of payments retained (retention money) shall be 6% {CL. 48} from

each bill subject to a maximum of 5% of final contract price.

26. Amount of Liquidated damages for For Whole of work {CL.49} delay in completion

of works(1/2000)th of the Initial contract

price, rounded off to the nearest Thousand, per day. For sectional Completion

(wherever specified In item 6 of Contract data) (1/2000) th of initial contract price

for #5 km Section, rounded off to the nearest thousand per day.

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27. Maximum limit of liquidated damages 10 percent of the Initial {CL. 49}

For delay in completion work Contract Price rounded off to the nearest thousand

28. Amount of Bonus for early completion Amount of bonus for early completion of

work shall be given as per CL.50 of Section-3

29. Maximum limit of bonus for early 5 percent of the Contract {CL. 50} Completion of

30. The amount of the advance payment are: {CL. 51 & 52}

#Nature of Advances Amount (Rs.) Conditions to Be fulfilled

I. Mobilization 5% of the contract On submission of unconditional Price Bank

Guarantee. (to be drawn before the end of 20% of the contract period). The

contractor may furnish four bank guarantees of 2.5 % of each valid for the full

ii Equipment 90% for new and 50% of depreciated value for old equipment. Total

amount will be subject to a maximum of 5% of the Contract Price After equipment

is brought to site (provided the Engineer is satisfied That the equipment is required

for performance of the contract) and on submission of unconditional Bank

Guarantee for amount of advance

iii Secured Deleted

Advance for Non-persish able material Brought to site

(The advance payment will be paid to the Contractor no later than 28 days after

fulfillment of the above conditions).

31. Repayment of advance payment for mobilization and equipment {CL. 51.3}

The advance loan shall be repaid with percentage deduction from the interim

payments certified by the Engineer under the Contract. Deduction shall commence

in the next Interim Payment Certificate following that in which the total of all such

payments to the Contractor has reached not less than 20 percent of the Contract

Price or 6 (six) months from the date of payment of first installment of advance,

whichever period concludes earlier, and shall be made at the rate of 20 percent

(collectively for both Mobilization Advance and Equipment Advance) of the

amounts of all Interim Payment Certificate until such time as the loan has been

repaid, always provided that the loan shall be completely repaid prior to the expiry

of the original time for completion pursuant to Clause 17 and

33. The securities shall be for the following minimum amounts equivalent {CL. 52} As a

Sign of Contractor Page 86 of

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

34. The Schedule of Operating and maintenance Manuals…..N/A. {CL. 58}

35. The date by which “as– built” drawings (in scale as directed) in 2 sets {CL. 58} are

required within 28 days of the issue of certificate of completion of the whole or

section of the work, as the case may be.

36. The amount to be withheld for failing to supply “as built” drawings {CL. 58} by the

Date required is Rs. 1,00,000/- (One Lakh).

37. The following events shall also be fundamentals breach of contract: {CL.59.2} “The

Contractor has contravened Sub- clause 7.1 and Clause 9 of GCC”

38. The percentage to apply the value of the work not completed representing {Cl 60}

the Employer’s additional cost for completing the Works shall be 20 per cent.

Sign of Contractor Page 87 of

TECHNICAL SPECIFICATIONS

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Below specified work is majorly required to execute on main feeder pipeline of various water

sources and water distribution stations of VMC.

• Supply, Installation, testing and commissioning of pencil type pressure transmitter

with accessories on Water pipe Line at various water sources/WDS/Feeder line as per

tender specifications.

• Supply & fixing of IP65 weather proof Enclosure panel for existing pressure

transmitter and Flow transmitter as per tender specifications.

• Supply, Installation, testing and commissioning of Full bore type electromagnetic

flowmeter with Metallic expansion bellow, Insertion electromagnetic flowmeter,

Dual path ultrasonic clamp-on flowmeter and other required accessories on primary

feeder lines of various sizes and as per tender specifications.

• Supply, Installation, testing and commissioning of Flow converter/transmitter of

make Krohne model IFC-050 as per tender specification and scope of work.

• Supply and fixing of MS Special work like Expander, Reducer, Distance piece, Flanges

and other Work for successful installation of flowmeters and BFVs as per tender

specifications.

• Construction of brick chambers with MS Cover for flowmeters and Valves as per

tender specifications.

• Fixing of existing valve chamber’s MS cover including welding work as per tender

• Cleaning, crack filling and water proofing of existing Brick/RCC chamber.

• Supply, Installation, testing and commissioning of Dewatering pump with float level

switch & Control panel as per tender specifications. Work also include construction of

Suction pit in existing chamber including all work.

• Uninstallation, refurbishment and reinstallation of existing Full bore type

Electromagnetic flowmeter of various size with all associated work as per tender

specifications.

• Supply, installation, testing and commissioning of Butterfly Valve as per IS 13095 with

metallic expansion bellow, gear box suitable for electrical operation of various sizes as

per tender specification.

• Supply of Handwheel of required size for existing BFV as per tender specifications.

• Supply & fixing of Butterfly valve's shaft extension assembly, Canopy over existing

Electrical actuator to complete work satisfactorily. Supply, Installation, testing &

commissioning of position feedback transmitter as per tender specifications. Supply

& fixing of Remote/Local feedback switch with internal wiring work. Necessary

configuration & program development/modification in existing PLC, configuration &

graphics development/modification in existing SCADA system to enable inching/partial

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valve operation.

• Supply, Installation, testing and commissioning of Ultrasonic level transmitter with

remote transmitter as per tender specification.

• Supply & fixing of mounting flange, Canopy with anchor fastners for existing RCC

floor mounted ultrasonic level transmitter as per tender specifications.

• Supply, Installation, testing and commissioning of PH, Chlorine & turbidity Analyzer

panel with enclosure, Necessary plumbing work, as per tender specifications.

• Restoration of existing PH, Chlorine analyzer panel as per tender specifications.

• Supply & fixing of Weatherproof Enclosure panel for existing HACH/E&H make PH

& Chlorine Analyzers with all required accessories as per tender specifications.

• Supply, Installation, testing and commissioning of PLC Based RTU Panel with required

IOs, DC UPS, CVT, SPD, latest GPRS Modem as per tender specifications.

• Provide 1 phase mgvcl electricity connection for RTU Panel includes all charges as

per tender specifications.

• Supply, Installation, testing and commissioning of 24 V DC 10 Amp SMPS, AC/DC

Cooling fan for existing PLC Panel, AC/DC LED Tubelight, 8 channel annunciator with

buzzer, ack buton & hooter, suction filter for existing PLC Panel as per tender

specifications.

• Do proper rewiring, dressing, ferulling of all cable, cleaning & painting of existing

PLC/RIO Panel, Local Indicator and PDB Panels, Prepare wiring diagram of existing PLC

panel & PID drawing of Station and fix it in PLC Panel as per tender specifications.

• Integration of PLC Panel with all Instruments and single Instrument with existing

SCADA system, portal, mobile app including necessary programming, configuration,

graphics development etc. as per tender specifications.

• Necessary Modifications/addition in existing PLC programming, SCADA Graphics,

SWMS and Mobile App configuration, RTU Configuration, SCADA configuration, PLC

Panel ferulling, All instrument tagging, Rewiring, wiring Diagram, P&ID diagram etc.

• Supply, Installation, testing and commissioning of pipe-in-pipe chemical earthing

with earthpit as per tender specs. Supply & fixing of GI Strip for Earthing as per tender

• Supply, laying, dressing and termination of various instrumentation/LT cables as per

tender specification. Supply, laying and fixing of HDPE cable conduit as per tender

specifications. Supply and fitting of perforated type cable tray of various sizes as per

tender specifications. Supply and fixing of MS Cable route marker with concrete

foundation as per tender specifications. Excavation and backfilling in soft soil for

trenches as per tender specifications.

• Supply, Installation, testing and commissioning of Loss of Head(LOH) and Rate of

Flow(ROF) for Filter beds of water treatment plant with remote transmitter as per

tender specifications.

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• Do proper PM, ferulling, tagging and configuration of Instrument as per tender

specifications.

Item wise Instrumentation Specifications

Item Sr. No. 1:

Supply, Installation, testing and commissioning of pencil type pressure transmitter having

measuring range of 0 to up to 5 kg/cm2, SS Isolation ball valve, Y Strainer, Valve manifold,

pressure snubber and other required accessories, provision of tapping on MS/DI/CI/HS Line

Description Specification Compliance

Measurement Gauge Pressure

IP Rating IP 68 or Better

Range As per BOQ

Process connection Threaded – Size and Type

As per site requirement

Electrical connection Cable Outlet IP68

Output Analog 4-20 mA

Cable length Min. 10 Mtr. or as per site

Accessories As per BOQ

Material of wetted part SS316 or best suited with

• Put up all required documentation including but not limited to Datasheet, GAD, Wiring

diagram, QAP and all other as required by EIC for approval.

• Carry out inspection along with TPI agency, PMC and VMC representative at

OEM/manufacturer place or NABL Approved Lab/Government laboratory (e.g.

EQDC/CWPRS/FCRI etc.) as well as at the site. Travelling must be provided to VMC

representatives by AIR only outside Gujarat.

• QAP must include Calibration/validation of Pressure transmitter & certification of the

same, functionality test and other as per standard practice.

• Necessary Loading, unloading, packaging, forwarding, transportation, Insurance is in

• Warranty/DLP of instrument will start from successful commissioning date and not

from the date of supply.

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• Instrument will remain in custody of the agency till successful commissioning of the

entire system. During this time period, any damage/fault happened to the instrument