Roof works of Rajpipla Nagarpalika Office on Heritage Theme, Dist- Narmada

Name of Work: - Tender Document for

‘roof works of Rajpipla nagarpalika office on

heritage theme,Rajpipla’

Rajpipla municipality

Web Site: https://tender.nprocure.com

Name of Work: BID DOCUMENTS FOR " roof works of Rajpipla nagarpalika

office on heritage theme,Rajpipla’”

1 Department Name Rajpipla Nagarpalika

2 Tender Type Engineering Procurement and Construction (EPC)

3 Tender Notice No 01/2025-26

4 Name of Project: Roof works of Rajpipla nagarpalika

office on heritage theme,Rajpipla’

BID DOCUMENTS FOR roof works of Rajpipla

5 Name of Work: nagarpalika office on heritage

theme,Rajpipla’

Estimated Contract Value

6 (Construction Cost ) excluding GST

Upto 10 Cr - 12 Months

Above 10Cr and upto 25 Cr - 18 Months

Period of completion of work Above 25Cr and upto 100Cr - 24 Months

(In Months) Above 100 Cr - 30 Months

Time period includes Monsoon and Trial Run (minimum of 3 months

8 Period of O & M (in Years) 3 (Three) Years Defect Liability Period from the date of certification

of work completion

9 Bidding Type Two Bid System

10 Bid Call (Nos.)

11 Tender Currency Type Single

12 Tender Currency Settings Indian Rupee (INR)

13 Joint Venture Not Applicable

14 Defect Liability Period Duration of 3 Year after certification of work completion

For Project Cost – Tender Fee (Non-Refundable)

(Minimum Tender Fee )

Above 1.0 Cr and upto 3.0 Cr - Rs. 4,248/- (3,600/-+ 18% GST)

Bid Document Fee / Bid Above 3.0 Cr and upto 5.0 Cr - Rs. 7,080/- (6,000/- + 18% GST)

15 Processing Fees / Tender Above 5.0 Cr and upto 10.0 Cr - Rs. 14,160/- (12,000/- + 18% GST)

Fee: Above 10.0 Cr and upto 25.0 Cr - Rs. 21,240/- (18,000/- + 18%

16 Bid Document Fee Payable CHIEF OFFICER,Rajpipla municipality

Bid Security/EMD/Proposal

17 Rs. 29,000.00/- (Rupees in words twenty nine thousand Only)

Security (INR):

Bid Security / EMD In Favour CHIEF OFFICER,Rajpipla municipality

19 Security Deposit As per Contract Data

Tender Dates All Dates are in dd/mm/yyyy, hr: min as per Indian Standard Time

Bid Document Downloading

20 05/03/202610:00 Hrs onwards

To be conducted at convenience of Contractor before the

submission of the Bid

21 Contact Number

Contact Address for Site Visit CHIEF OFFICER, Rajpipla municipality

Pre-Bid Meeting na

Address for pre-bid meeting na

Bid Document Downloading

Last Date & Time for Online

Receipt of Bids

Physical Submission of

documents last Date & Time

26 Bid Opening Date

27 Bid Validity Period 180 Days from the last date of submission of bid.

Instrument of tender fee & EMD shall be submitted in electronic

format only through online (By scanning while uploading the bid).

This submission shall mean that Tender Fee and EMD are received

for purpose of opening the bid. Accordingly offer of only those who

shall be opened whose tender fee and EMD is received

electronically. However, for the purpose of realization of instrument

Physical submission of of tender fee & EMD, bidder shall send the same in original through

28 Tender Fee, and Earnest RPAD/ Speed Post so as to reach to "chief officer Rajpipla

Money Deposit municipality” Gujarat," as mentioned in point no. 24 above, during

office hours. For not submitting DD/FDR/BG in original, bidder shall

be banned to participate in any tender of Nagarpalika for period of

3 years as a penal action.

Any document in supporting to tender bid shall be submitted in

electronic format only through online (by scanning etc.) and

submission only in hard copy will not be accepted separately.

1. Tender fee, Earnest money deposit, PAN Card shall be

uploaded online only.

2. Tender Fee (Document fee) amounting to Rs. 2,832/-

(2,400/- + 18% GST in favour of “ CHIEF

29 Payments details OFFICER,Rajpipla municiplaity in form of Demand Draft shall

be issued by any nationalized bank or as per list mentioned in

latest GR of Finance Department

3. Earnest money Deposit amounting to Rs. 29,000.00/- (… )(1%

estimated tender cost) in form of FDR or Bank Guarantee in

favour of CHIEF OFFICER,

Rajpipla municipality”, valid up to 28 days from the date of closure

of the bid validity period of 180 days i.e. (180 days + 28 days=208

days), shall be issued by any nationalized bank or as per list

mentioned in latest GR of Finance Department (Enclosed).

CHIEF OFFICER,Rajpipla municipality

30 Officer Inviting Bids:

31 Bid Opening Authority: CHIEF OFFICER, Rajpipla municipality,rajpipla

32 Address: CHIEF OFFICER, Rajpipla municipality,rajpipla

Contact Details of Officer

The following documents shall be uploaded while submitting the

• Scanned copy of Demand Draft as Tender Fee

• Scanned copy of FDR or BG as EMD

• Scanned copy of Contractor’s registration certificate of

with value of work

Upto 1.0 Cr – Class D (minimum class)

Above 1.0 Cr and upto 1.5 Cr - Class C

Above 1.5 Cr and upto 3.0 Cr - Class B

Above 3.0 Cr and upto 7.0 Cr - Class A

Above 7.0 Cr – No limit – Class AA

The Contractor shall be duly registered in accordance with the

registration requirements prescribed by the Government of

Gujarat (Roads & Buildings Department / Water Resources

Department) for the appropriate class of contractor.

Contractors who are presently registered with CPWD,

Indian Railways, or any other State Government

34 Submission of tender Department, or who are registered with Boards,

Corporations, Government Undertakings, Bodies, or

Organizations of State or Central Governments, including

all Public Sector Units (PSUs), in categories equivalent to

Class “AA/ A / B / C / D” or Class-I/II… (or such other

corresponding classifications), and who otherwise meet

the eligibility criteria specified in the tender documents,

shall be considered eligible, subject to compliance with

the following conditions:

Such Contractors shall apply for registration in the

appropriate “AA / A / B / C / D” class with the

Government of Gujarat (R&B / WRD) on or before the

last date of submission of the tender documents.

The Contractor shall further ensure that final

registration in the applicable “AA / A / B / C / D” class

with the Government of Gujarat (R&B / WRD) is obtained

prior to the date of finalization and issue of the Work

Proof of submission of application for registration in

the relevant “AA / A / B / C / D” class shall be uploaded

along with the tender documents, failing which the bid

shall be liable to be rejected and shall not be considered

for evaluation.

Scanned copy of Bidder’s solvency certificate. (Minimum

Rs. ₹ 5,80,000.00 of current calendar Year i.e. 2026) –

(calculated to 20% of the estimated tender cost)

• Scanned copy of GSTIN

• Scanned copy of PAN card

• Scanned copies of Experience certificates showing

successful completion of work (certified by client)

• Scan copies of financial documents.

In addition to the documents mentioned above, the documents

required as per attached Forms & Annexure are also to be

uploaded. Bidder shall submit their offer i.e., technical bid as well as

price bid in electronic format on stipulated website & date as

mentioned in the tender document. No offer in physical form will be

If any uploaded scanned submissions do not open, then such

documents shall not be considered as “submitted”. And such

unopen able docs shall be treated as “Not submitted” and shall

not be taken into consideration for evaluation.

General Terms &

34 As Per Tender Document

35 Mode of Quoting Rates …percentage rate , in words and figures at the end of Schedule-B.

CHIEF OFFICER,Rajpipla municipality

Sr. No Section Description Page No

Invitation for Bid (IFB)

1 Section -1 Instructions to Bidders

2 Section -2 Qualification Information

3 Section -3 Conditions of Contract

4 Section -4 Contract Data

5 Section -5 Technical Specification

6 Section -6 Form of Bid

7 Section -7 Bill of Quantities

8 Section -8 Securities and Other Forms

9 Section -9 Drawings

10 Documents to be furnished by Bidder /

Qualification criteria

11 Section -11 Special Condition

INVITATION FOR BID

NATIONAL COMPETITIVE BIDDING

1. The CHIEF OFFICER Rajpipla municipality invites bids for the

construction of works detailed in the table. The bidders may submit bids for any or all of

the following works.

NOTICE INVITING TENDER

Pack Name of work Approximate Bid security Cost of Period of Class of

age value of works (Rs.) document completion Registration

BID DOCUMENTS FOR “roof

works of Rajpipla

nagarpalika office on

heritage theme,Rajpipla’

2,832.00/- Months Class

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

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

at website https://tender.nprocure.com.

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

Fee through Demand Draft only of any Schedule Bank payable at (RAJPIPLA

MUNICIPALITY) and in favour of ‘ CHIEF OFFICER,RAJPIPLA MUNICIPALITY’.

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

The Demand Draft for Bid Document / Tender fee and FDR / 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, and FDR / Bank Guarantee bidder

shall send the same in original through R.P.A.D. so as to reach CHIEF OFFICER, (RAJPIPLA

MUNICIPALITY)’ within 7 Days from the last day of bid submission.

Penalty action for not submitting Demand Draft / FDR / Bank Guarantee in original to CHIEF

OFFICER RAJPIPLA MUNICIPALITY Tender Inviting Authority by bidder shall be initiated. WRD

GR No. PRC-102014-1-MICell-K.1 Dated: 29/10/2014 & Dt.21/05/2022.

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

NIT at website https://tender.nprocure.com in the presence of the bidders or their

authorized representatives, who wish to remain present.

If the office happens to be closed on the 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 on NA at the office of CHIEF OFFICER,RAJPIPLA MUNICIPALITY to

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

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

6. Bid Security (EMD) is equal to 1% of Estimated Amount put to bid / tender and should be

rounded off to the next thousand rupees.

7. Other Information is as under:

A. Agencies can prepare and edit their offers a number of times before the end of the tender

submission date and time. After the tender submission date and time, the bidder cannot

modify / edit / withdraw their submitted offer in any case. No written or online request

in this regard shall be granted.

B. Offers in physical form will not be accepted in any case.

C. Demand Draft purchased by the other than 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 project in the past, it shall

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

L. Information supplied for earlier projects shall not be considered while evaluating this

bid. The Government will not ask for any other information, unless it is found necessary

by the competent authority.

M. If found necessary, the contractor will be intimated for negotiation,

8 For the works costing up to Rs. 7.5 crore (WRD Works), Rs. 7.0 crore (ROAD/ BRIDGE/

BUILDING WORKS), Rs. 0.5 Crore (Electrical Works) kindly refer to GoG NWRWS & K

Department’s Circular No. Paracha/1097/1397(11)/pa.fa./ MICELL(k-1) dated

For the works costing under Rs. 7.5 crore for Construction work of Water Resources

Department, Rs. 7.0 crore for Roads, Bridges and Building and Rs. 050 crore for Electrical

9. Following documents shall be submitted in electronic format only through online by

scanning and the

(i) Bid Document Fee / Tender Fee

(ii) Bid Security or EMD should be sent in original to the Tender opening authority

through RPAD, so as to reach the MUNICIPAL COMMISSIONER/ CHIEF OFFICER within

7 days from last day of submission of Bid.

(iii) Registration Certificate of appropriate class or Above class

(iv) Registration Certificate of Special Category - Road / Bridge / Building and

Category I / II / III, if required

(vi) Work Order and work Experience certificate (3A) certified by the authority

(vii) Other tender forms and Documents, as required for completion of the bid.

(viii) Valid Bank Solvency Certificate for the Current Calendar year

(ix) All other documents mentioned in the bid checklist and requirement of bid.

INSTRUCTIONS TO BIDDERS

Section1: Instructions to Bidders

Table of Clauses

Page No. Page No.

A. General D. Submission of Bids

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

2. Source of Funds 20. Deadline for Submission of

3. Eligible Bidders 21. Late Bids

4. Qualification of the 22. Modification and

Bidder Withdrawal of Bid

5. One Bid per Bidder

6. Cost of Bidding E. Bid Opening and Evaluation

7. Site Visit 23. Bid Opening

B. Bidding Documents 25. Clarification of Financial

8. Content of Bidding 26. Examination of Bids and

Documents Determination of

9. Clarification of 27. Correction of Errors

Bidding Documents

10. Amendment of 28. Deleted

Bidding Documents

29. Evaluation and Comparison

of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

12. Documents F. Preparation of Bids

Comprising the Bid

13. Bid Prices 31. Award Criteria

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

and Payment any Bid and to Reject any

15. Bid Validity 33. Notification of Award and

Signing of Agreement

16. Bid Security 34. Performance Security

17. Alternative 35. Advance Payment and

Proposals By Security

18. Format and Signing 36. Dispute Review Expert

37. Correct or Fraudulent

1. Scope of Bid

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

works (as defined in these documents and referred to as ‘the works”) detailed in

the table given in IFB. The bidders may submit bids for any or all of the works

detailed in the table given in IFB.

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

completion date specified in the Contract data.

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

their respective derivatives (such as bidder/tenderer, bid/tender,

bidding/tendering), shall be construed as synonymous.

2. Source of Funds

2.1 The expenditure on this project will be met from the budget of Govt. of

Gujarat / Govt. of India for centrally sponsored projects.

3. Eligible Bidders

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

3.2 All bidders shall provide in Section 2, Forms of Bid and Qualification Information,

a statement that the Bidder is neither associated, nor has been associated,

directly or indirectly, with the consultant or any other entity that has prepared

the design, specifications, and other documents for the Project or being proposed

as Project Manager for the Contract. A firm that has been engaged by the

Employer to provide consulting services for the preparation or supervision of the

work, and any of its affiliates, shall not be eligible to bid.

4. Qualification of the Bidder

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

a preliminary description of the proposed work method and schedule, including

drawings and charts, as necessary. The proposed methodology should include a

program of construction backed with equipment planning and deployment duly

supported with broad calculations and quality assurance procedures proposed to

be adopted justifying their capability of execution and completion of work as per

technical specifications, within stipulated period of completion.

4.5 Memorandum of Understanding (MoU) with qualified technology provider shall be

submitted on ₹300/- non judicial stamp paper duly notarized and signed by the

respective authorized representatives clearly stating the terms & conditions of the

MoU as per Tender Form. Such MOU should be valid up to Operation and

Maintenance period and it shall not be amended or modified without prior consent

from Employer during the period of performance of contract; Employer shall not

allow such change except for special reasons. The MoU should also form as part of

the contract agreement.

#4.5 PHYSICAL CRITERIA:

4.5.1 MINIMUM PRE- QUALIFICATION CRITERIA:

If bidder fails to submit above documents or mandatory criteria are not fulfilled,

bidder shall be considered as not qualified and their financial bid shall not be open.

To qualify, each bidder in the same name and style should have achieved the

following performances:

List of Mandatory documents to be submitted

a. Registration

b. EMD / Bid Security /Tender Fee

c. Solvency Certificate

e. Bid Capacity

f. Document supporting similar nature of work & Financial and physical criteria.

a. Registration: As per Section: II, Instruction to Bidder, Clause

b. EMD/Bid Security and Tender Fees: As per tender notice.

4.5.2 TECHNICAL QUALIFICATION CRITERIA

4.5.2.1 Similar Nature of Work:

The bidder must have completed similar nature of work i.e., ‘Roof works of

Rajpipla nagarpalika office on heritage theme,Rajpipla’ within last Seven (7)

Financial Years i.e., from FY 2018-19 to FY 2024-25 and up to one month prior to last date

of submission of the bid having,

One similar completed work with capacity not less than 80% of

Two similar completed works with capacity not less than 50% of

Three similar completed works with capacity not less than 40% of

Note under 4.5.2.1:deleted

4.5.3 FINANCIAL QUALIFICATION CRITERIA

c. Solvency Certificate

The bidder shall submit a Bank Solvency Certificate indicating a minimum solvency value

of ₹ 20% of the estimated cost of work. The certificate must be issued in the current

calendar year (i.e., 2026) by a nationalized bank or a bank listed in the latest

Government Resolution (GR) of the Finance Department. The certificate must be printed

on the official letterhead of the issuing bank.

Bidder must have achieved minimum annual Financial Turnover (at current price level)

from contract receipt of works (in all classes of civil engineering construction works only)

50% of the estimated cost of work upto ₹ 100 Cr or

65% of estimated cost of work exceeding ₹ 100Cr

in any One (1) Financial Year out of last Five (5) Financial Years i.e. from FY 2020-21 to

D. Contractor should visit site and submit the certificate of visiting the site signed by

municipality representative.

Note: The details pertaining to turnover of last five financial years from FY 2020-21 to FY 2024-25

shall be certified by Chartered Accountant on his own letter head and duly attested.

e. Available 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 work. The available bid capacity will be calculated as below:

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

A = Maximum value of work executed in any one year during the last Seven 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 (……. year) (period of completion of work for which

bids are invited); and

Also, declaration of financial liabilities, work on hand / completed projects on Rs.300/-

non-Judicial stamp paper.

In the case of a Joint Venture (Not Applicable), parameters A and B shall be

determined based on details pertaining to such partners who propose to undertake

physical execution of work and in proportion to their participation / stake as specified

in respective clause in the tender documents.

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

bids are invited. (The value of N shall be considered as 1)

If the Tender has been invited as a Package/Slice Minimum aggregate required Bid

Capacity shall be considered and accordingly the Bidder may qualify for less number

of Packages/Slices. In case of individual Tenders (not invited in a single Basket) the

Bidder may qualify for a particular work (based on his Technical Bid), but at the time of

evaluation of Price Bid, if a greater number of such individual Bids are evaluated

simultaneously, aggregate Bid Capacity shall be considered. In such a case, if the

Bidder does not have adequate capacity for all the Bids in which his Bid is the lowest

responsive Bid, he may be considered for a smaller number of Bids. Decision of the

Employer based on the least cost combination as may be the most advantageous to

Nagarpalika shall be final and binding to all the Bidders.

4.5.4 Notes under Minimum Qualification Criteria

i. The statement showing the value and details of completed work, existing

commitments and ongoing work as well as the stipulated period of completion

remaining for each of the work listed should be certified and countersigned by the

officer not below the rank of an Executive Engineer.

ii. The certificate for past performance should be as prescribed Proforma in Section

iii. The Bidders are required to upload work order and latest client’s work

experience certificates (or in any format with yearly breakup) obtained from the

respective authorities/ Employers towards proof of their having executed contracts

satisfactorily along with their bids. The quantities involved should be certified by

the top executive of the firm in the prescribed Proforma as per Section 2 (or in any

format with yearly breakup).

iv. Physical and financial performance of any work not supported by client certificate

or in any form will not be considered for qualification.

v. The Bidder should furnish information about technical capability (similar nature of

work satisfying Technical Qualification Criteria clause 4.5.2. Bidders are required

to substantiate the information by submission of appropriate client certificates.

vi. The Bidder must provide by uploading evidence of having adequate experience.

The bid should include supporting certificate or report relating to physical, financial,

technical and other capability of Bidder in their original language along with

certified translation of relevant portion of the certificate/ report in English. The

Bidder should furnish the information about financial capability in Rupees only.

vii. Depending upon the actual bid capacity assessed and other qualifying

requirements, the bidder will be qualified for the work.

viii. The bidder is required to submit the declaration of his financial liabilities, work on

hand/completed projects on Rs.300/- non-judicial stamp paper. In case of false

statement/ declaration the bidder shall be liable for penal action. Further, the

details furnished in the relevant form as per tender should be in line with the

declaration by the bidder.

ix. The criteria mentioned above shall be evaluated based on the details submitted

with the documents. Such bidder shall have to submit the details in the prescribed

Proforma which are applicable to them. Bidders should read the note under each

Form/Annexure carefully and submit the details accordingly.

x. Turnover of previous year shall be given additional weightage to bring them to FY

2025-26 Price level to account for price escalation as illustrated below:

Turnover at previous

Financial Year Turnover completed financial

year’s price level

2020-2021 (Base Year – 5yrs) F 1.61 x F

2021-2022 (Base Year – 4yrs) E 1.46 x E

2022-2023 (Base Year – 3yrs) D 1.33 x D

2023-2024 (Base Year – 2yrs) C 1.21 x C

2024-2025 (Base Year – 1yr) B 1.10 x B

2025-2026 (Base Year) A 1.00 x A

xi. Financial year means period beginning from the 1st April to 31st March of the next

xii. The details pertaining to Turnover from FY 2020-21 to FY 2024-25 and the details

pertaining to Net Cash Accrual, Net Worth and Net Working Capital for the from

FY 2020-21 to FY 2024-25 shall be certified by Chartered Accountant on his own

letter head and duly attested. The cost of material supplied by the Government /

Client shall not be taken into account for experience against Turnover & Similar

nature of work.

xiii. The cost of material supplied by the Government/ Client shall not be taken into

account for experience against Turnover and Similar nature of work.

xiv. The work for which bidder has not entered into contract agreement will not be

xv. The above experience shall be completed within last Seven (7) Financial Years

i.e., FY 2018-19 to FY 2024-25 and up to one month prior to last date of submission

of the bid, for which Form -3A and 11 must be submitted.

xvi. Experience as sub-Contractor shall not be considered.

xvii. The work executed in Government (State/Central), Board, Corporation, and

Government Undertaking /Organizations of state & central government shall only

be considered for evaluation. The experience certificate from the client is

equivalent to not below the rank of Executive Engineer. The experience of sublet

works shall not be considered.

xviii. All MOUs shall be on a Non judicial stamp paper of appropriate value duly

notarized and signed by respective authorized representatives.

xix. The Bidder/ JV Member / MOU partners contract should not have been Terminated

/ Blacklisted / Debarred in any State Govt/ Municipal Corporations/ Central Govt. /

Any state Govt Organization, Urban Local body and/or its undertaking company or

its SPV, Asian Development Bank/ World Bank or similar international funding

agencies organizations due to delay in projects during last Seven Years.

xx. The work for which bidder has not entered into contract agreement will not be

xxi. If the bidder claiming Technical / Physical Eligibility Criteria for the works has

completed any of the works in joint venture with any other company then, along

with the experience certificates, the firm shall submit the joint venture agreement

for that particular work. Experience certificates not accompanied by joint venture

agreement shall not be considered for evaluation. The credit for the bidder which

has completed work in joint venture is allocated as follows:

If the bidder has completed the work as a member in the project, then the bidder

can claim credit for the entire scope of the work in proportion to the stake. A

statutory auditor certificate specifying the payments received for the project should

be submitted. In the event of percentage participation in the project calculated

through the statutory auditor certificate differs from the percentage in the Joint

Venture Agreement, the percentage participation calculated through payments

received shall be considered for evaluation purposes.

4.5.4.1 Bidder should fulfil the overall criteria mentioned under Clause

Qualification of the Bidder. If not fulfilled, he will be out rightly rejected.

4.5.5 Personnel Capabilities.

Availability for his work of personnel with adequate experience is required.

The Bidder must have adequate Technical Key staff for carrying out this contract

in accordance with approved work programme. Bidder should submit an

undertaking on ₹100 non-judicial stamp paper and notarized mentioning the

deployment of manpower based on the requirement as per the approved project

4.5.6 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.

The Bidder must have adequate Plant, Equipment & Machinery for carrying out

this contract in accordance with approved work programme. Bidder should submit

an undertaking on ₹100 non-judicial stamp paper and notarized mentioning the

deployment of machinery based on the requirement as per the approved project

4.5.7 Financial Position

4.5.8 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

4.5.9 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.

4.5.10 Disqualification

Even though the applicants meet the above criteria, they are subject to be

disqualified if they have:

Made misleading or false representation in the forms, statements submitted,

and/or Record of poor performance such as abandoning the work, rescinding of

contract for which the reasons are attributable to the non – performance of the

contractor; consistent history of litigation awarded against the applicant or

financial failure due to bankruptcy. 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.

4.5.11 The bidder who has applied for corporate Debt Restructuring (CDR) / facing

recovery proceedings from financial institutions / facing winding up processing /

those under BIFR in the last 5 financial year shall be considered for bid qualification.

However, if the bank / financial institution has accepted the proposal of debt

restructuring on or before the last date of online submission, the same shall be

considered for further evaluation. An affidavit by bidder along with certificate from

bank must be produced in such cases. In case of Joint Venture agreement, this

provision shall be applicable for both lead partner and JV partner.

#4.6 JOINT VENTURE: Not Applicable

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 /

- 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 surroundings and obtain all information that

may be necessary for preparing the Bid and entering into a contract for

construction of the Works.

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

Signature of Contractor CHIEF OFFICER Rajpipla municipality,

B. BIDDING DOCUMENTS

8 Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed below, and

addenda issued in accordance with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

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

bidder in compliance with Section 2 will be prepared by him and furnished as in two

parts (refer clause 12).

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

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

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

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

9.2.2. The purpose of the meeting will be to clarify issues and to answer questions on

any matter that may be raised at that stage.

9.2.3. The bidder shall be required to submit any questions in writing or e-mail to reach

the Employer not later than 03 days before the meeting.

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

of enquiry) and the responses given will be published without delay on the tender

website i.e. www.tender.nprocure.com. Any modification of the bidding documents

listed in sub- Clause 8.1 which may become necessary as a result of the pre-bid

meeting shall be made by the Employer exclusively through the issue of an

Addendum pursuant to Clause 10 and not through the minutes of the pre-bid meeting.

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

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

Signature of Contractor CHIEF OFFICER Rajpipla municipality

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 to be submitted by the bidder as Volume V of the bid document (refer Clause

8.1) shall be in two separate parts:

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

(i) Bid Security in the form specified in Section

(ii) Qualification Information and supporting documents as specified in Section

(iii) Certificates, undertakings, affidavits as specified in Section

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

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

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.

Particulars Section No. Volume No.

Instructions to Bidders (IFB) 1 I

Conditions of Contract 3 I

Contract Data 4 I

Scope of work & Technical Specifications 5 II

Form of Bid 6 III

Bill of Quantities 7 III

Securities and Other Forms 8 III

Documents to be furnished by bidder 10 V

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 should quote percentage above/below/at par with respect to total

amount put to tender in 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)

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

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 latest GoG Finance Department’s Circular or amendment.

b. Fixed Deposit Receipt issued by any Scheduled Indian Bank or a foreign Bank

approved by the Reserve Bank of India.

# A Valid Bid Security / EMD Exemption Certificate issued by (1) Road & Building

Department or (2) Narmada Water Resources, Water Supply and Kalpsar Department of

Govt. of Gujarat. Exemption Certificate is applicable only when Registration

Certificate of Appropriate Class and Category of Approved Contractors is required as

eligible criteria of bidder.

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

for the bid shall be valid for 45 days beyond the validity of the bid i.e. total

validity of 180+45 = 225 Days

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

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

as non-responsive.

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

end of the bid validity period specified in Sub-Clause

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 required 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.

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

of these Instructions to bidder as the “Technical Bid “and “Financial Bid” in

separate parts to be uploaded.

Signature of Contractor CHIEF OFFICER RAJPIPLA MUNICIPALITY

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

20.1. Complete Bids must be received online by the Employer at the tender website

specified above not later than the date indicated in appendix.

20.2. The Employer may extend the deadline for submission of bids by issuing an

amendment in accordance with Clause 10, in which case all right and obligation

of the Employer and the bidders previously subject to the original deadline will

then be subject to the new deadline.

22. Modification and Withdrawal of Bids

22.1. Bidders may modify or withdraw their bids online before the deadline prescribed

in Clause 20 or pursuant to Clause

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

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

and the expiration of the original period of bid validity specified in Clause

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

Bid security pursuant to Clause

Signature of Contractor CHIEF OFFICER RAJPIPLA MUNICIPALITY

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.

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

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

respect to the Qualification information and other information furnished

in part I of the bid pursuant to Clause 12.1.

(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

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

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

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

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

“Financial Bid” shall be in order of estimated amount of Bids from highest to

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

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

evaluation, bid comparison or contract award decision may result in the rejection

of the Bidders’ bid.

26. Examinations of Bids and Determination of Responsiveness

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

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

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

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

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

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

bill of quantities, technical specifications, and drawings.

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

conditions and specifications of bidding documents, without material deviation or

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

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

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

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

would affect unfairly the competitive position of other Bidders presenting

substantially responsive Bids.

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

Employer and may not subsequently be made responsive by correction or

withdrawal of the non-conforming deviation or 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 into 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 into 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.

Signature of Contractor CHIEF OFFICER RAJPIPLA MUNICIPALITY

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, provided that such bidder has been

determined to be eligible and qualified in accordance with the provisions

mentioned under this Section

(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.

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

32.1. Not with standing 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 performance security in accordance with the provisions

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

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

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

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

Agreement and deliver it to the Employer.

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

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

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. 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

up to 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.

(d) 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, listed under GoG Finance Department’s latest

Circular or amendment.

34.3. Failure of the successful Bidder to comply with the requirement of Sub-Clause

34.1 shall constitute sufficient grounds for cancellation of the award and

forfeiture of the Bid Security.

35 Advance Payment and Security

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

stipulated in the Conditions of Contract, subject to maximum amount, as stated

in the Contract Data.

37. Corrupt or 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

of the Conditions of Contract.

APPENDIX TO ITB

Clause Reference with respect to Section –I

The Name of the Employer is MUNICIPAL COMMISSIONER/ CHIEF

OFFICER, (Name of ULB)

The last Seven Years.

3. This Annual Financial Turnover Amount is ₹ ………………….. [Cl.4.5.3.2]

4. Value of Work is ₹ ………………….. [Cl.1] IFB

6. The cost of electric work is ₹ …………………..

7. The cost of water supply / sanitary works is ₹ …………………..

Liquid assets and / or availability of credit facilities is ₹

9. Price level of the Financial Year 2025-26 [Cl.4.5.3.4]

10. The pre-bid meeting will take place at (NAME OF ULB) [Cl.9.2.1]

The technical Bid will be opened at the office of the (NAME OF

11. [Sr.no.26] NIT

ULB) on dt .......... at …… AM/PM

Address of the Employer: MUNICIPAL COMMISSIONER/ CHIEF

12. [Sr.no.32] NIT

OFFICER, (NAME OF ULB)

The bid should be submitted at the latest by as stated on online

The bid will be opened at MUNICIPAL COMMISSIONER/ CHIEF

OFFICER, (NAME OF ULB), as stated on online NIT

The Bank Draft in favor of “MUNICIPAL COMMISSIONER/ CHIEF

OFFICER, (NAME OF ULB)”.

Escalation factors (for the cost of work executed and financial

Year Financial Year Multiplying factor

Base year of inviting 2025-2026

18. tender [Cl.4.5.2]

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

[Reference CL.4.5.6]

The contractors shall also give a list of machinery in their possession and which they

propose to use on the work.

Sr. Plant or Location Age of Make Capacity Approximate Remark

No. Machinery Machinery Value

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.5)

#Employment of a qualified site Engineer by the Contractor.

The Contractor shall employ full-time technically qualified staff during the execution of

this work satisfying the minimum requirement under clause 4.5.5 and as specified

1. Two graduate Civil Engineers and three diploma Civil Engineers when cost of the

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

2. One graduate & two Diploma, Civil Engineers when the cost of the work to be

executed is more than Rs.15 lakhs but less than Rs.50 lakhs.

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

but more than Rs.5 lakhs.

4. Minimum One Diploma Civil Engineer for the work when the cost of work to be

executed is less than Rs. 5 lakhs. The Engineer employed for the Government work

must have sufficient experience to handle the work independently. Such an

Engineer shall have to stay at the site of work, and he shall not be entrusted with

other duty except this work.

In case the contractor or partner of the contractor firm is a Civil Graduate Engineer,

Employment of 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

Deputy MUNICIPAL COMMISSIONER/ CHIEF OFFICER-in-charge of the work the Name,

Qualifications, copy of mark sheet, 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.15,000-00 per month per Engineer will

be made from the bills/deposit/dues of the contractor. Such recovery shall be non-

QUALIFICATION INFORMATION

QUALIFICATION INFORMATION

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

purpose of post qualification as provided 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

1.2 Total value and capacity of Civil engineering construction Work performed in the

last Seven Years (in Rs. Lakhs)

1.2.1 Work performed as prime contractor in the past, involved in 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.

Project Name of Description Contrac Value Date Stipulated Actual date Remark

Name the of work t No. of of period of of explaining

Employer contrac issue completio completion* reasons

t (Rs. of n for delay

Crore) Work & work

order Completed

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

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

1.3 Quantities of work executed as prime contractor, involved in 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 Seven

Years** and in current year before the submission of the bid.

*To be modified as per the nature and scope of work

Year Name of Name of Quantity of work performed (Cum/MT)

the the STP Pumping CETP/STP Storage

work Employer Constructio machinery works structures,

n & Pumping Commissio equalization

experience station n works tanks and

ITEM 1 ITEM 2 ITEM 3 ITEM

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 work:

Description Place Contract Name Value Stipulated Value of Anticipated

of works & No. &Address Contrac Period of Works* of

State of t (Rs. Completio remaining completion

Employer Cr) n to be

*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 4.5.6). The Bidder should list all the information requested below.

Item of Requirement Availability Proposals Remarks

Equipment NO Capacity Owned/ Leased to be Nos./ Age/ (From whom to

procured Capacity Conditions be purchased

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.

Position Name Qualification Year of Year of experience

Experience in the proposed

(General) position

Project Manager

1.7 Proposed sub-contract and firms involved – Not Applicable

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

works Contractor (Name & similar work

1.8 Attach copies of certificates on possession of valid license for executing water

supply/ sanitary work/ electrical works. Financial reports for the last Seven Years:

balance sheets, profit and loss statements, auditors’ reports (in case of

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

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

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

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

provide references if contacted by the Employer.

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

Other Party Employer Cause of Amount Remarks

(ies) Dispute Involved showing

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)

1.14 Programme Schedule

1.15 Quality Assurance Plan

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.

(i) Affidavit &

(ii) Undertaking

SAMPLE FORMAT FOR EVIDENCE OF ACCESSTOOR

AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4.5.7 OF ITB)

BANK CERTIFICATE

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

with 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.

working capital requirements for executing the above during the contract period.

Senior Bank Manager

Address of the Bank

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

attachments are true and correct.

2. The undersigned also here by 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 Seven 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

I, the undersigned do here by undertake .......................................... that our firm

upto 25% of the value of the work during implementation of the contract.

(Signed by an Authorized officer of the firm)

Title of officer

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A General Page D. Cost Control Page

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

16 Contractors to Construct the 52 Securities

17 The Works to be Completed By 53 Deleted

the Intended Completion

18 Date Approval by the 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

24 Disputes 58 Operating and Maintenance

manuals Terminations

25 Procedure for Disputes

26 Deleted 60 Payment upon Terminations

B. 62 Release from Performance

27 F. Special Conditions of

Programme Contract

28 Extensions of the Intended 63 Labour

completion date

29 Deleted 64 Compliance with labour

Delays Ordered by The

Engineer 65 Arbitration

31 Management Meetings

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

CONDITIONS OF CONTRACT

1.1 Terms which are defined in the Contract Data are not also defined in the

Conditions of Contract but keep their defined meaning.

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

part of the Bid

Compensation Events are those defined in Clause 44 hereunder

The Completion Date is the date of completion of the Works as certified by the

Engineer in accordance with 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 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 complete 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

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 Acceptance.

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

Contractor shall complete the Works. The Intended Completion Date is specified

in the Contract Data. The Intended Completion Date may be revised only by the

Engineer by issuing an extension of time.

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

incorporation in the works.

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

electronic or chemical or biological functions.

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

Site Investigation Reports are those which were included in the Bidding

documents and are factual interpretive reports about the surface and subsurface

conditions at the site.

Specifications means the Specifications of the works included in the Contract and

any modification or addition made or approved by the Engineer.

The Start Date is given in the Contract Data. It is the date when the Contractor

shall commence execution of the works. It does not necessarily coincide with any

of the Site Possession Dates.

A Subcontractor is a person or corporate body who has a Contract with the

Contractor to carry out a part of the work in the Contract which includes work on

Temporary Works are works designed, constructed, installed, and removed by

the Contractor which are needed for construction or installation of the Works.

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

Works are what the Contract requires the Contractor to construct, install, and

turn over to the Employer, as defined in the Contract Data.

2. Interpretation

2.1 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.

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

Conditions of Contract to the Works, the Completion date, and Intended

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

the Completion Date and Intended Completion date for the whole works)

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

(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

3. Language and Law

3.1 The language of the Contract and the law governing the Contract are stated

in the Contract Data.

4. Engineers Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide

contractual matters between the Employer and the Contractor in the role

representing the Employer.

5.1 The Engineer may delegate any of his duties and responsibilities to other

people after notifying the Contractor and may cancel any delegation after

notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the conditions

are effective only when in writing. A notice shall be effective only when it

is delivered (in terms of Indian Contract Act).

7. Sub-Contracting

8. Other Contractors

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

public authorities, utilities and the Employer between the dates given in

the Schedule of other Contractor. The Contractors shall as refer to in the

Contract Data, also provide facilities and services for them as described in

the Schedule. The employer may modify the schedule of other contractors

and shall notify the contractor of any such modifications.

9.1 The Contractor shall employ the key personnel named in the Schedule of

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

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

of the Contractor Staff or his work force stating the reasons the Contractor

shall ensure that the person leaves the Site within seven days and has no

further connection with the work in the Contract.

10. Employer’s and Contractors Risks

10.1 The Employer carries the risk which these Contract states are Employer’s

risks, and the Contractor carries the risks which these Contracts states are

Contractor’s risk.

11. Employer’s Risks

11.1 The employer is responsible for the excepted risks which are (a) in so far

as they directly affect the execution of the Works, the risks of war,

hostilities, invasion, act of foreign enemies, rebellion, revolution,

insurrection or military or usurped power, civil war, riot commotion or

disorder (unless restricted to the Contractor’s employees), and

contamination from any nuclear fuel or nuclear waste or radioactive toxic

12. Contractor’s Risks

12.1 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

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

Contractor, insurance cover from the Start date to the end of the Defects

Liability Period, in the amounts and deductibles stated in the Contract data

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

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

(b) Loss of or damage to Equipment

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

and Equipment) in connection with the Contract; and

(d) Personal injury or death.

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

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

insurance shall provide for compensation to be payable in the types and

proportions of currencies required to rectify the loss or damage incurred.

13.3 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.

13.4 Alterations to the terms of insurance shall not be made without the

approval of the Engineer.

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

14. Site Investigation Report

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

reports referred to in the Contract Data, supplemented by any information

available to the Bidder.

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

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

specification and Drawings.

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

17.1 The Contractor may commence execution of the Works on the Start Date

and shall carry out the Works in accordance with the programme submitted

by the Contractor, as updated with the approval of the Engineer, and

complete them by the Intended Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the

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

comply with the Specifications and drawings.

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

18.3 The Engineer’s approval shall not alter the contractor responsibility for

design of the Temporary works.

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

Temporary works where required.

18.5 All Drawings prepared by the Contractors for the execution of the

temporary or permanent work are subject to prior approval by the Engineer

before their use.

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

20. Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly

discovered on the site is the property of the Employer. The contractor is

to notify the engineer of such discoveries and carry out the Engineer’s

instructions for dealing with them.

21. Possession of the Site

21.1 The Employer shall provide the Contractor with possession of the Site,

whether in part or in full. 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.

22. Access to the Site

22.1 The Contractor shall allow the Engineer and any person authorized by the

Engineer access to the Site, to any place where work in connection with

the Contract is being carried out or is intended to be carried out and to

any place where materials or plants are being manufactured/ fabricated/

assembled for the works.

23. Instructions

23.1 The Contractor shall carry out all instructions of the Engineer pertaining

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

23.2 The Contractor shall permit the Employer to inspect the Contractor’s

accounts and records relating to the performance of the Contractor and to

have them audited by auditors appointed by the Employer, if so required

by the Employer.

24.1 If the Contractor is of the view that a decision taken by the Engineer was

either outside the authority given to the Engineer by the Contract or that the

decision was wrongly taken, the decision shall be referred to

#Superintending Engineer, (NAME OF ULB) (Higher Authority) within 14 days

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

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

given by the #Superintending Engineer.

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

with the decision of the #Superintending Engineer, (NAME OF ULB),

both the parties have to refer to the Chief Engineer 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 the parties

have to refer to the Secretary, (Name of the Department),

Government of Gujarat for the conciliation process.

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

the dispute to Gujarat Public Works Contract Dispute Arbitration Tribunal. If

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

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.

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the arbitration

procedure stated in the Special Conditions of Contract.

Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER

B. TIME CONTROL

27.1 Within the time stated in the Contract Data the Contractor shall submit to

the Engineer for approval a Programme showing the general methods,

arrangements orders, and timing for all the activities in the works along

with monthly cash flow forecast.

27.2 An update of the Programme shall be a programme showing the actual

progress achieved on each activity and the effect of the progress achieved

on the timing of the remaining work including any changes to the sequence

of the activities.

27.3 The Contractor shall submit to the Engineer, for approval an updated

programme at intervals no longer than the period stated in the Contract

data. If the Contractor does not submit an updated programme within this

period, the Engineer may withhold the amount stated in the Contract data

from the next payment after the date on which the overdue programme

has been submitted.

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

obligations. The Contractor may revise the programme and submit it to the

Engineer again at any time. A revised programme is to show the effect of

Variations and Compensations events.

28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date if a compensation

Event occurs or a Variation is issued which makes it impossible for

completion to be achieved by the Intended Completion Date without the

Contractor taking steps to accelerate the remaining work and which would

cause the Contractor to incur additional cost.

28.2 The Engineer shall decide whether and by how much to extend the

Intended Completion Date within 35 days of the Contractor asking the

Engineer for a decision upon the effect of a compensation event or

Variation and submitting full supporting information. If the Contractor has

failed to give early warning 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.

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

contractor for extension of Intended Completion Date refer to the

Employer his decision. The employer shall in not more than 21 days

communicate to the engineer the acceptance or otherwise of the

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

Engineer shall not grant the extension, and the contractor may refer the

matter under Clause

30. Delays Ordered by the Engineer

30.1 The Engineer may instruct the Contractor to delay the start or progress of

any activity within the works.

31. Management Meetings

31.1 Either the Engineer or the Contractor may require the other to attend a

management meeting. The business of a management meeting shall be to

review the plans for remaining work and to deal with matters raised in

accordance with the early warning procedure.

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

provide copies of his record to those attending the meeting and to the

Employer. The responsibility of the parties for actions to be taken is to be

decided by the Engineer either at the management meeting or after the

management meeting and stated in writing to all who attended the

32. Early Warning

32.1 The Contractor is to warn the Engineer at the earliest opportunity of

specific likely future events or circumstances that may adversely affect

the quality of the work, increase the Contract price or delay the execution

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

of the expected effect of the future event or circumstance on the contract

price and completion date. The estimate is to be provided by the

Contractor as soon as reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and

considering proposals for how the effect of such an event or circumstance

can be avoided or reduced by anyone involved in the work and in carrying

out any resulting instruction of the Engineer.

Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER

C.QUALITY CONTROL

# 33. Identifying Defects/ Defect liability period

33.1 : Defect liability period: The contractor shall be responsible for making good

and remedy at his own expense any defect which may develop or may be

noticed before the period mentioned hereunder from the certified date of

completion. The Engineer in charge shall give the contractor a notice in

writing about the defects and the contractor shall make the same good

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

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

shall be 3 Months from the certified date of completion.

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

put tender), the period shall be 10 (Ten) 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

Months from the certified date of completion which should include three

(d) For original building works the defect liability period will be 4 years or

elapse of 4 monsoon period following date of possession of building taken

over by user agency following the certified date of completion, whichever

is later. For the purpose of deciding the monsoon period, the 30th

September shall be treated as the last date.

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]

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 MUNICIPAL COMMISSIONER/ CHIEF OFFICER 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) is over.

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

guarantee pledged in the name of MUNICIPAL COMMISSIONER/ CHIEF

OFFICER after completion certificate of work is issued.

(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. 5.00 Crore.

(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 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 MUNICIPAL COMMISSIONER/ CHIEF OFFICER 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 #1% of the amount of work done should be deducted from R.A. Bill of the

contractor for testing the quality of material workmanship, irrespective of

actual charges.

34.3 Agency has to establish testing laboratory on site for the various test to be

carried out in the work for this purpose agency shall construct a pukka

laboratory building with all facility on site at location specified by the

engineer in charge.

35. Correction of defects

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

end of the defects Liability Period, which begins at Completion and is

defined in the contract data. The Defects Liability Period shall be extended

for as long as Defects remain to be corrected.

35.2 Every time notice of a Defect is given, the Contractor shall correct the

notified defect within the length of time specified by the Engineer’s

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.

Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER

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 Quantities

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

original specifications , drawings, designs and instructions that may appear

to him to be necessary or advisable during the progress of the work and the

contractor shall be bound to carry out the work in accordance with any

instruction in this connection which may be given to him in writing signed

by the Engineer and such alteration shall not invalidate the contract and any

additional work which the contractor may be directed to do in the manner

above specified as part of the work shall be carried out by the contractor

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

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

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

tender by more than 130%, the contractor will be paid for the quantity in

excess of 130%, at the rate entered in the SOR of the year during which

the excess in quantity is first executed.

39.1 All Variations shall be included in updated programmers 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

(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 Superintending Engineer as to the nearest

comparable item shall be final and binding on the contractor.

(ii) If the rate cannot be derived in accordance with (i) above, such class of

works shall be carried out at the rate entered in the Schedule of Rates of

the division for the year in which the tender was received, increased or

decreased by the percentage by which the tender amount is more or less

as compared to the amount arrived at the rates in the “Schedule of Rates”

of the Division in the year in which the tender was received. If the Schedule

of rates of the Division does not contain all the items, the percentage

increase or decrease of the tender shall be calculated considering such

items which were included in the “Scheduled Rates” of the division for the

year and for materials consumed on such item the rate to be charged would

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

(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class

of work shall be carried out at the rate decided by the competent

authorities on the basis of detailed rate analysis after hearing the

contractor before a Committee of two Superintending Engineers stationed

at the same place or the nearest place.

40.2 If the additional or altered work, for which no rate is entered in the

“Schedule of Rates” of the Division is ordered to be carried out before the

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

of receipt by him of the order to carry out the work, inform the Engineer-

in-charge of the rate, which it is his intention to charge for such class of

work and if the Engineer in charge does not agree to this rates, he shall

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

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

advisable, provided always that if the contractor shall commence work or

incur any expenditure in regard thereof before the rates shall have been

determined as lastly herein before mentioned, then in such cases he shall

only be entitled to be paid in respect of the work carried out or expenditure

incurred by him prior to the date of the determination of the rate as

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

in-charge. In the event of the dispute, the decision of the Superintending

Engineer of the Circle shall be final.

Where, however, the work is to be executed according to the

designs, drawings and specifications recommended by the contractor and

accepted by the competent authority, the alternation above referred to

shall be within the scope of such designs, drawings and specifications

appended to the tenders.

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

the proportion that the increase in the cost occasioned by alterations bears

to the cost of the original work and the certificate of the Engineer-in-

charge as to such proportion shall be final and conclusive.

41. Cash Flow Forecasts

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

with an updated cash flow 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

days and certify the amount to be paid to the Contractor after taking in to

account any credit or debit for the month in question in respect of

materials for the works in the relevant amounts and under conditions set

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

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

42.4 The value of work executed shall comprise the value of the quantities of

the items in the Bill of Quantities completed.

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

compensation events.

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

reduce the proportion of any item previously certified in any certificate in

the light of later information

43.1 Payments shall be adjusted for deductions for advance payments,

retention, other recoveries in terms of the contract and taxes at source,

as applicable under the law. The Employer shall pay the Contractor the

amounts certified by the Engineer within 28 days of the date of each

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.

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

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 with eligible contractual price escalation.

45.1 The rates quoted by the Contractor must be inclusive of all other taxes

prevailing on due date of bid submission except GST. However, any

subsequent changes in the tax structure by Government after due date of

bid submission will be compensated (+/-) on availability or submission of

actual documentation. Contractor will have to intimate Engineer regarding

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

contractor fails to provide such information and if any financial obligation

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

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

the contractor to pay the GST to the concerned Authority.

46. 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, 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 the work done during each

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

47.2 To the extent that full compensation for any rise or fall in costs to the

contractor is not covered by the provisions of this or other clause in the

contract, the unit rates and prices included in the contract shall be deemed

to include amounts to cover the contingency of such other rise or fall in

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

proportion stated in the Contract Data until Completion of the whole of

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

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

repaid to the Contractor and half when the Defects Liability Period has

passed and the Engineer has certified that all Defects notified by the

Engineer to the Contractor before the end of this period have been

48.3 On completion of the whole works, the contractor may substitute retention

money with an “on demand” Bank guarantee.

In case, Contractor requests for refund of the Retention Money

deducted by the Employer under the provision of this clause, Employer

shall consider the said request of the Contractor provided that the refund

hereunder shall be made in tranches of not less than 1% (One Percent) of

the Contract Price and Contractor furnishes an irrevocable and

unconditional Bank guarantee for an equal amount substantially in the

format of Bank Guarantee for Performance Guarantee enclosed with SBD

and valid up to 60 day beyond the scheduled / extended Defects Liability

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

option to submit a fresh irrevocable and unconditional Bank Guarantee for

an amount equal to 5% of the total value of work executed substantially in

the format of Bank Guarantee for Performance Guarantee enclosed with

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

refund the Retention Money Bank Guarantee submitted for refund of

Retention Money.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate

per day stated in the Contract Data for each day that the Completion Date

is later than the Intended Completion Date (for the whole works or the

milestone as stated in the contract data). The total amount of liquidated

milestone as stated in the contract data). The total amount of liquidated

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

Employer may deduct liquidated damages from payment due to the

Contractor. Payment of liquidated damages does not affect the

Contractor’s liabilities.

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

been paid, the Engineer shall correct any overpayment of liquidated

damages by the Contractor by adjusting the next payment certificate. The

Contractor shall not be entitled for any interest on the over payment

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

49.3 If the contractor fails to comply with the time for completion as stipulated

in the tender, then the contractor shall pay to the employer the relevant

sum stated in the Contract Data as Liquidated damages for such default

and not as penalty for everyday or part of day which shall elapse between

relevant time for completion and the date stated in the taking over

certificate of the whole of the works on the relevant section, subject to

the limit stated in the contract data.

The employer may, without prejudice to any other method of

recovery deduct the amount of such damages from any monies due or to

become due to the contractor. The payment or deduction of such damages

shall not relieve the contractor from his obligation to complete the works

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

49.4 If, before the Time for Completion of the whole of the Works or, if

applicable any Section, a Taking Over Certificate has been issued for any

part of the Works or of a Section, the liquidated damages for delay in

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

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

in the absence of alternative provisions in the Contract, be reduced in the

proportion which the value of the part so certified bears to the value of

the whole of the Works or Section, as applicable. The provisions of this

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

affect the limit thereof.

50 Bonus – Not Applicable

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 Initial Contract Price

% of Time Saved

entitled for Bonus

Less than 10% 0%

51. Advance Payment- Not Applicable

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

installments except in special circumstances for which the reason to be

Recorded in writing) to the Contractor of the amounts stated in the

Contract Date by the date stated in the Contract Date, against provision

by the Contactor of an Unconditional Bank Guarantee in a form and by a

bank acceptable to the Employer in amounts and currencies equal to be at

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

until the Advance payment has been repaid, but the amount of the

guarantee shall be progressively reduced by the amounts repaid by the

Contractor. The Mobilization advance would be deemed as interest bearing

advance at an interest rate of 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

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.

Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER

E. FINISHING THE CONTRACT

55.1 The Contractor shall request the Engineer to issue a Certificate of

Completion of the works and the Engineer will do so upon deciding that

the work is completed.

56. Taking Over

56.1 The Employer shall take over the Site and the Works within seven days of

the Engineer issuing a certificate of Completion.

57. Final Account

57.1 The Contractor shall supply to the Engineer a detailed final account of the

total amount that the Contractor considers payable as full and final

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

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

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

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

the Engineer shall withhold the amount stated in the Contract Data from

payments due to the Contractor.

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the other

party causes a fundamental breach of the Contract.

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

1. The contractor stops work for 28 days when no stoppage of work is shown

on the current programme and the stoppage has not been authorized by

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 reconstruction or amalgamation

4. A payment certified by the Engineer is not paid by the Employer to the

Contractor within 56 days of the date of the Engineer’s certificate

5. The Engineer gives Notice that failure to correct a particular Defect is a

fundamental breach of Contract and the Contractor fails to correct it within

a reasonable period of time determined by the Engineer;

6. The Contractor does not maintain a security which is required;

7. The Contractor has delayed the completion of works by the number of days

for which the maximum amount of liquidated damages can be paid as

defined in the Contract data; and

8. If the Contractor, in the judgment of the Employer has engaged in corrupt

or fraudulent practices in competing for or in executing the Contract.

For the purpose of this paragraph: “corrupt practice” means the

offering, giving, receiving or soliciting of anything of value to influence the

action of a public official in the procurement process or in contract

execution. “Fraudulent practice” means a misrepresentation of facts in

order to influence a procurement process or the execution of a contract to

the detriment of the borrower and includes collusive practice among

Bidders (prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the Borrower of the

benefits of free and open competition.

59.3 When either party to the Contract gives notice of a breach of contract to

the Engineer for a cause other than those listed under Sub Clause

above, the Engineer shall decide whether the breach is fundamental or

59.4 Notwithstanding the above, the employer may terminate the Contract for

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

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

due to the Employer exceeds any payment due to the Contractor the

difference shall be a debt payable to the Employer.

60.2 If the Contract is terminated at the Employer’s convenience or because of

a fundamental breach of Contract by the Employer, the Engineer shall issue

a certificate for the value of the work done, the cost of balance material

brought by the contractor and available at site, the reasonable cost of

removal of equipment, repatriation of the Contractor’s personnel

employed solely on the works, and the Contractor’s cost of protecting and

securing the Works and less advance payment received up to the date of

the certificate, less other recoveries due in terms of the contract and less

taxes due to deducted at source as per applicable law.

61.1 All materials on the Site, Plant Equipment’s, Temporary Works and Works

are deemed to be property of the Employer, if the Contract is terminated

because of a Contractor’s default.

62. Release from Performance

62.1 If the Contract is frustrated by the outbreak of war of by any other event

entirely outside the control of either the Employer or the Contractor the

Engineer shall certify that the Contract has been frustrated. The

Contractor shall make the Site safe and stop work as quickly as possible

after receiving this certificate and shall be paid for all work carried out

before receiving it and for any work carried out afterwards to which

commitment was made.

Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER

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 Employer.

The employees of the Contractor and the Sub-Contractor in no case shall

be treated as the employees of the Employer at any point to time.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE

TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS

A) Workmen Compensation Act 1923:- The Act provides for compensation in

case of injury by accident arising out of and during the course of employment.

B) Payment of Gratuity Act. 1972:- Gratuity is payable to an employee under

the Act on satisfaction of certain conditions on separation if an employee has

completed 5 years’ service or more on death, the rate of 15 days wages for

every completed year of service. The Act is applicable to all establishments

employing 10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952:- The Act Provides for

monthly contributions by the employer plus workers @ 10% or 8.33% The

benefits payable under the Act are :

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance on the death in harness of the worker.

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951:- The Act provides for leave and some other

benefits to women employees in case of confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for

certain welfare measures to be provided by the Contractor to contract labour

and in case the Contractor fails to provide, the same are required to be

provided, by the Principal Employer by Law. The principal Employer is

required to take Certificate of Registration and the Contractor is required to

take license from the designated Officer. The Act is applicable to the

establishments or Contractor of Principal Employer, if they employ 20 or more

contract labour.

F) Minimum Wages Act 1948:- The Employer is supposed to pay not less than

the Minimum Wages fixed by appropriate Government as per provisions of the

Act, if the employment is a scheduled employment. Construction of Building,

Roads, Runways are scheduled employment.

G) Payments of wages Act 1936:- It lays down as to by what date the wages are

to be paid, when it will be paid and what deductions can be made from the

wages of the workers.

H) Equal remunerations Act 1979:- The Act provides for payment of equal

wages for work of equal nature to Male and Female workers and for not

making discrimination against female employees in the matter of transfer,

training and promotions etc.

I) Payments of Bonus Act 1965:- The Act is applicable to all establishments

employing 20 or more employees. The Act provides for payments of annual

bonus subject to a minimum of 8.33% of wages and maximum of 20 % of wages

to employees drawing Rs. 3500/- per month or less. The bonus to be paid to

employees getting Rs.2500/- per month or above Rs.3500/- per month shall

be worked out by taking wages as Rs.2500/- per month only. The Act does not

apply to certain establishments. The newly set-up establishments are

exempted for Seven Years in certain circumstances. Some of the State

Governments have reduced the employment size from 20 to 10 for the

purpose of applicability of this Act.

J) Industrial Disputes Act 1947:- The Act lays down the machinery and

procedure for resolutions of Industrial disputes, in what situations a strike or

lock-out becomes illegal and what are the requirements for laying off or

retrenching the employees or closing down the establishment.

K) Industrial employment (standing Orders) Act 1946:- It is applicable to all

establishments employing 100 or more workmen (employment size reduced

by some of the State and Central Government to 50). The Act provides for

laying down rules governing the conditions of employment by the Employer

on matters provided in the Act and get the same certified by the designated

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 up to 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

P) Factories Act 1948:- The Act lays down the procedure for approval of plans

before setting up a factory, health and safety provisions, welfare provisions,

working hours, annual earned leave and rendering information regarding

accidents or dangerous occurrences to designated authorities. It is applicable

to premises employing 10 persons or more with aid of power or 20 or more

persons without the aid of power engaged in the manufacturing process.

Q) Royalty charges-The contractor shall pay the royalty to the competent

authority as per rule. The royalty charges paid shall be borne by the

contractor and shall not be reimbursed by the Employer.

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

to time shall be applicable.

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

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management

plan for best energy use, waste management, the reduction of pollution as in

EMS (Environmental Management system)ISO-14001-

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

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

#Superintending Engineer (Higher Authority) within 14 days of the

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

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

by the #Superintending Engineer.

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

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

refer to the #Chief Engineer 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, Water Resources Department/Roads & Building

Department, and Government of Gujarat for the conciliation process.

If the dispute is not resolved through the conciliation process,

contractor may refer the dispute to Gujarat Public Works Contract

Dispute Arbitration Tribunal. 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.

Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER

Section 3: Conditions of Contract for Operation & Model STP

Conditions of Contract for Operation & Maintenance

Section 3: Conditions of Contract for Operation & Model STP

CONDITIONS OF CONTRACT

FOR OPERATION AND MAINTENANCE

(ADMINISTRATIVE PROVISIONS)

The following additional clauses shall apply only during the Operation and Maintenance period.

1. DEFINITIONS A ND INTERPRETATION

1.1. Definitions: In these Conditions of Contract (“Conditions”) the following words and

expressions shall have the meanings hereby assigned to them, except where the context

otherwise requires.

1.1.1. “Applicable Law” means all national (or State) legislation, statutes, ordinances and other

Laws and regulations and by laws of any legally constituted public authority.

1.1.2. “Contract” means the contract agreement, these conditions, the Employer’s requirements,

the Tender and the further documents (if any) which are listed in the contract agreement.

1.1.3. “Contractor’s Equipment” shall mean all equipment, instruments, tools, machinery and other

appliances and things of the Contractor at the Site required for the fulfilment of the

obligations of the Contractor under these Conditions.

1.1.4. “Contractor’s Personnel” means the contractor’s representative and all personal whom the

contractor utilizes on site, who may include the staff, labour, & other employees of the

contractor and of each sub–contractor & any other personnel assisting the Contractor in the

execution of the work.

1.1.5. “Dispute” shall have the meaning given to it in Clause 15 of these Conditions.

1.1.6. “Employer’s Risk” shall include the risks mentioned as Employers risks in the General

Conditions and shall include any negligence or misconduct on the part of the Employer and

any event of Force Majeure as provided in Clause 12 of these Conditions.

1.1.7. “Employer’s Personnel” means the Employer’s Representative, the assistants and all other

staff, labour and other employees of the Employer and of the Employer’s representative,

and any other personnel notified to the contractor, by the Employer or the Employer’s

representative, as Employer’s personnel.

1.1.8. “Employer’s Requirements” means the document entitled Employer’s requirements, as

included in the contract, and any additions and modifications to such document in

accordance with the contract. Such document specifies the purpose, scope, and / or design

and / or other technical criteria, for the works.

1.1.9. “Facility” shall mean the entire system to be designed and constructed including the

equipments, buildings, structures, ramps, pits, pipes, fencing, lighting, testing and analysis

equipment, tools, computers, software programs, safety equipment, plant machinery,

supplies, instruments and inventory incorporated therein, as well as all open areas within

the Site, and including any additions, modifications, alterations, replacement and repairs as

may be made thereto from time to time.

1.1.10. “Force Majeure” shall mean those events mentioned in Clause 12 of these Conditions.

Section 3: Conditions of Contract for Operation & Model STP

1.1.11. “General Conditions” shall mean the conditions of tender issued by Employer EMPLOYER

for O&M works of projects.

1.1.12. “Good Operating Practices” means the standards, practices, methods and procedures as

practiced internationally and in India conforming to all Applicable Law and that degree of

skill, diligence, prudence and foresight which would reasonably be expected from a skilled

and experienced contractor engaged in India in the same type of undertaking under the

same or similar circumstances as the Contractor pursuant to these Conditions.

1.1.13. “O & M Contract” shall mean the contract or part of any other contract having scope of

Operation and Maintenance of facilities, entered in between the Employer and the

Contractor pursuant to these Conditions.

1.1.14. “O & M Completion Certificate” shall mean the certificate to be issued by the Employer on

the completion of all the obligations of the Contractor under these Conditions.

1.1.15. “O & M Services” shall mean those services specified in Schedule [1] which the Contractor

is obligated to perform under these Conditions.

1.1.16. “O & M Standard” shall mean the standards: As set forth in the tender documents

a) As required pursuant to Applicable Law;

b) Set out in the Performance Guarantee; and

c) For the functioning of the Facility as required in accordance with the Contract

including such requirements as may be mentioned in the Employer’s Requirements.

d) For the functioning of the Facilities set forth in these Conditions.

1.1.17. “O & M Manual” shall have the meaning for manual of Operation and Maintenance

prepared by the contractor.

1.1.18. “O & M Period” shall have the meaning set out in Clause.

1.1.19. “O & M Price” shall mean the amount of Operation & Maintenance as agreed upon

1.1.20. “Party” shall mean each of the Contractor and the Employer and Parties shall mean both

of them together.

1.1.21. “Performance Guarantees shall mean the guarantee that the Facility shall be operated

continually satisfying the minimum performance parameters set out in Schedule.

1.1.22. “Successor Contractor” shall have the meaning given to it in Clause.

1.1.23. “Site” shall means that specific area specified in the bid documents & shall include any other

places as may be specifically designed by the Employer from the time to time as forming

part of the site.

1.1.24. “Taking over Date” shall mean the date of issue of the taking over certificate at the end of

the Operation and Maintenance period.

1.1.25. “Taking over Certificate” means the certificate to be issued by EMPLOYER/ ULB to the

Contractor at the successful completion of the Operation and Maintenance period.

1.1.26. “Termination” shall have the meaning given to it in Clause [13] of these Conditions.

1.2. Interpretation: In these conditions, except where the context requires otherwise.

Section 3: Conditions of Contract for Operation & Model STP

1.2.1. words indicating one gender include all genders,

1.2.2. words indicating the singular also include the plural and words indicating the plural also

include the singular,

1.2.3. Provisions including the word ‘agree’, ‘agreed’ or ‘agreement’ require the agreement to be

recorded in writing;

1.2.4. ‘written’ or ‘in writing’ means hand‐written, type‐written, printed or electronically made, and

resulting in a permanent record;

1.2.5. The marginal words and other headings shall not be taken into consideration in the

interpretation of these Conditions;

1.2.6. The words ‘include,’ ‘includes’ and ‘including’ are not limiting;

1.2.7. As used in these Conditions, all defined terms include the plural as well as the singular;

1.2.8. Any agreement, document or drawing defined or referred to in these Conditions shall include

amendment, modification and supplement thereto and waiver thereof as may become

effective from time to time, except where otherwise indicated;

1.2.9. Any reference to any Clause or Sub – Clause shall unless specified otherwise mean a

Clause or Sub-Clause of these Conditions; and

1.2.10. Any rights of the Employer to make any inspections or to review any document shall not

create any obligation on the Employer to conduct such inspections or reviews to detect

any errors, inaccuracies, ambiguities or other potential problems. No inspection or approval

by or on behalf of the Employer shall operate as a waiver of any provision of these

Conditions, any obligation of Contractor under these Conditions, or any of the rights of the

Employer hereunder, except as expressly agreed in writing by the Employer.

1.3. Scope during Trial run and Defect Liability period:

1.3.1. The scope of work under this contract includes trial run and maintenance of the STP(s) as

a whole and its parts as an individual component as well. Under this the contractor has to

run the scheme completely and will have to prove performance of each component

individually and of whole scheme as per the standards laid down in contract. During this

period the contractor shall have to appoint necessary staff for running and maintenance of

scheme. The candidature of the staff being engaged by contractor shall have to be approved

by the Engineer-in-Charge. During this period Engineer-in-Charge/ULB will appoint staff to

check the performance of project and also get hands on training to run and maintain the

scheme. Contractor and his staff will arrange training for the staff to the satisfaction of

Engineer In-charge. The period of trial run, testing and commissioning will be three (03)

calendar months from the date of actual completion of the scheme as certified by the

Engineer In-charge. Defect liability period will start from successful commissioning of the

1.4. Commencement and Duration of O & M part of contract

1.4.1. “The O & M Period” shall commence from the date of issue of ‘Certificate of successful

commissioning’ of the facilities including three calendar month trial run period or till

prescribed parameters are not attained & whichever is later of the two and shall

continue operation & maintenance of entire system for (As Mentioned in tender notice)

years including defect liability period there from.

1.5. Applicable Law

Section 3: Conditions of Contract for Operation & Model STP

1.5.1. The Contractor shall comply with all Applicable Law relevant to the Contractor’s Personnel,

including Applicable Law relating to their employment, health, safety, welfare,

immigration and emigration, and shall allow them all their legal rights.

1.5.2. The Contractor shall require his employees to obey all Applicable Laws, including those

concerning safety at work.

1.5.3. In the event Employer becomes liable to any Employer’s Personnel, any Governmental

authority (including but not limited to any fines or penalties levied by or payable to such

authority) or to any other third party under the provisions of any Applicable Law resulting

from Contractor’s failure to comply with such Applicable Law, Contractor shall reimburse

Employer for all payments required to be made by Employer to such Employers Personnel,

Governmental authority or any other third party, plus the actual expenses that Employer may

incur in investigating, settling or defending any litigation or threatened litigation.

1.6. Assignment

1.6.1. The Contractor will not be entitled to sub-contract any part of his obligation under these

Conditions to any third party.

1.7.1. Emergencies

In the event of an emergency endangering any life or property, the Contractor shall

immediately take such action as may be necessary to prevent, avoid or mitigate injury,

damage or loss and shall, as soon as possible, report any such incidents, including his

response thereto to the Employer.

1.7.2. Contractor Action

The Contractor shall utilize his personnel to take such action as may be necessary in

accordance with Good Operating Practices in the event of an emergency. Notwithstanding

anything to the contrary herein, the Contractor may incur any expenditure or take any

other operating actions as the Contractor deems to be necessary (in accordance with

Good operating practices) in the case of emergencies affecting the Facilities or the

operation of the Facilities to counteract the effects where the Contractor considers

immediate action is required to safeguard lives or property. In case such emergency was

caused due to an Employer’s Risk then the Employer shall reimburse such reasonable

expenses that might have been incurred by the Contractor in relation thereto acting in

accordance with Good Industry Practices.

1.8. Notification

1.8.1. In the event of an emergency the Contractor shall forthwith notify the Employer of the

emergency, the expenditures made, and the operating actions taken.

1.8.2. If the Employer considers that an emergency has arisen in relation to the Facilities, the

Employer may give written notice to the Contractor specifying the nature of the emergency

which it has identified and the manner in which it requests such emergency to be rectified.

The Contractor shall rectify such defect with all due diligence. If such emergency is on

account of an Employer’s Risk, then the Contractor shall be reimbursed all costs and

expenses reasonably incurred by the Contractor for any actions taken by it pursuant to such

direction or notice. If the Contractor fails to comply with such direction or notice promptly,

the Employer shall be entitled to procure that it or any third party takes such actions as may

be necessary to remedy such breach by the Contractor. Any costs that may

Section 3: Conditions of Contract for Operation & Model STP

be incurred by the Employer in this regard shall be reimbursed to him in full by the Contractor

and shall be a debt due to him from the Contractor.

1.9. Inspections

Notwithstanding any provisions of these Conditions and without prejudice to any of the other

rights vested by the Contractor under these Conditions, The Employer shall have the right

at all times to inspect the Facilities and the Contractor shall co-operate in every manner with

the representatives of the Employer inspecting the Facilities and allow them access to every

part of the Facilities and produce any records requested.

2. OPERATION OF THE FACILITIES

2.1. Operation of the Facilities

2.1.1. On Employer appointing the Contractor to perform and undertake the O & M Services and

all other obligations set out and in accordance with these Conditions during the O&M Period.

The Contractor shall accept the appointment and acknowledges a duty to perform such

2.1.2. The Contractor shall be in complete charge of and have custody and control over and

responsibility for the Facilities, and the Contractor shall perform or cause to be performed

on behalf of the Employer all O & M Services for the Facilities and shall supply or cause to

be supplied all materials required there for in accordance with the O & M Standard.

2.1.3. The Contractor shall also acknowledge that the Employer and the Employer’s Personnel

and other contractors may be carrying out work at the Facilities and shall endeavour to fully

co-operate and work in a manner so as not to cause any obstruction or hindrance to them.

2.1.4. The Contractor shall remain an independent Contractor and not an agent, employee and

nothing in these Conditions or the O & M part of contract shall be deemed to create a Joint

Venture between the Employer and the Contractor.

2.2. Responsibility of the Contractor- The Contractor shall be solely and exclusively

responsible for:

2.2.1. The contractor shall be responsible for smooth and satisfactory operation and maintenance

of the plant on round the clock basis for a period of (as mentioned in tender notice) years

from the date of completion of trial run and commissioning of Sewage Treatment Plant.

2.2.2. Obtaining all necessary permits and consents required by Applicable Law or any

Governmental authority for the Contractor to carry out the O & M Services.

2.2.3. The procurement of all goods and services necessary to ensure compliance with his

obligations under these Conditions,

2.2.4. Making available suitably qualified and trained personnel to perform the O & M Services.

2.2.5. Perform the O & M Services in accordance with the O & M Manuals prepared by the

Contractor and as approved by the Engineer in Charge and maintain the Facilities in good

repair and condition and ensure that the Facilities are well and suitably maintained at all

times in accordance with Good Operating Practices and in accordance with these

2.2.6. Procuring and administering all chemicals and other consumables, tools, equipment, spare

parts and other materials (which shall be of good quality and unused) necessary for the

operation and maintenance of the Facilities.

Section 3: Conditions of Contract for Operation & Model STP

2.2.7. Maintaining a system of records to identify all inventories related to the Facilities and

preparing and providing to the Employer a complete accounting of such inventory for every

fiscal quarter;

2.2.8. Arranging for the testing and recalibration of all scales, meters, gauges and other measuring

devices at the Facilities on an annual basis and maintain the Calibration certificates as

records unless otherwise stated in the O & M part of contract; and

2.2.9. For providing any and all relevant information required by the Employer.

2.2.10. Contractor shall ensure that the treatment plant is run on continuous basis and shut down if

any subject to obtaining prior permission / approval of the Employer. Generally major repair

encountered in any unit shall be attended as quickly as possible.

2.2.11. The contractor shall monitor the performance of the Sewage treatment plant; conduct the

analysis of the influent as well as effluent quality after treatment.

2.2.12. Contractor shall initiate and take adequate actions to ensure smooth and satisfactory

performance/ running of the plants on a 24 hours/ round the clock basis.

2.2.13. For the smooth running of the plant all the required equipment, machineries, accessories,

major and minor spares, consumables including chemicals, greases, lubricants, all cleaning

agents, packing, rubber sheet, laboratory reagents, all hardware, required quantity of white

wash, oil paint color, all types of epoxy paint, material required for house- keeping and

cleaning etc. are to be brought by the contractor. The quality of all consumable and spare

etc. i.e. technical requirements as per manufacture recommendation shall remain

2.2.14. A technical expert of the contractor shall visit the plant on every fortnight and will suggest if

required, to improve the efficiency and working of the plant. The visit must be recorded in

document and outcome of the visit/minutes of meeting should be got signed by Engineer

In-charge of works without which the visit shall not be considered.

2.2.15. In case, there is no inflow to the plant after completion of construction for a period of one

month and/ or more, payment during first fifteen days of O & M stage will be made without

any deduction. Payment for next fifteen days of the first month shall be made at rate of 50%

of O & M price quoted by him. Contractor shall also be paid for 15 days of the second month

at rate of 50% of O & M price quoted by him. Thereafter, payment towards security

watchmen and minimum power requirement will only be made (i.e. after 45 days of

completion of construction). ULB shall intimate Contractor by written notice in such event

during initial fifteen days of O & M period.

3. DUTY OF CARE BY THE OPERATOR AND PERFORMANCE STANDARDS

3.1. Duty of Care

3.1.1. The Contractor shall manage, operate and maintain the Facilities in accordance with Good

Operating Practices and in accordance with the O & M Standard so that the Facilities are

capable of meeting the outputs and specifications set out in the Contract.

3.1.2. The Contractor shall take full responsibility for the care of the Facility from the date of start

of O&M period, till the end of the O & M Period.

3.1.3. If any loss or damage happens to the Facility, during the O & M Period due to any breach

by the Contractor of any of his obligations under these Conditions including any wilful

misconduct, negligence and non-conformity with Good Operating Practices then the

Section 3: Conditions of Contract for Operation & Model STP

Contractor shall, at his own cost, rectify such loss or damage so that the Facility conforms

in every respect with the provisions of these Conditions.

3.1.4. The Employer shall be liable only in case of any damage caused due to any Employer’s

4. OBLIGATIONS AND RESPONSIBILITIES OF THE EMPLOYER

The Employer shall employ the Contractor to provide the O & M Services and shall:

4.1.1. issue Certificate of Successful commissioning and trial run, handover the custody of the

Facilities to the Contractor for its intended use during the O & M Period; and

4.1.2. Pay the Contractor all sums required to be paid in accordance with the terms of these

Conditions. Notwithstanding anything else herein contained the Employer may set off any

sums owed by the Contractor under the Contract for money owed to the Contractor by the

Employer under these Conditions or as a debt due from the Contractor.

4.1.3. EMPLOYER has the right to assign the contract to any of the designated ULB at any points

of time without diluting or diminishing the contractual obligations of respective parties.

Accordingly, after issue of LOA a separate tripartite agreement between Urban Local Bodies

(ULB), (EMPLOYER) and contractor shall be executed on ₹300/- non-judicial stamp paper

and duly notarized by notary public.

5. REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR

The Contractor hereby represents for the benefit of the Employer as follows:

5.1. Performance of O & M Services

5.1.1. The Contractor has the required skills and capability to perform, and shall diligently perform,

the O & M Services in a high quality, timely and professional manner utilizing sound

engineering principles and project management procedures in accordance with Good

Industry Practices.

5.1.2. that the Contractor shall perform his obligations hereunder in accordance with the

requirements of these Conditions and shall meet the Performance Guarantee; and

5.1.3. That it shall not use any spare parts or material that are not new, and which shall be of a

quality that is in accordance with Good Industry Practices.

5.2. Knowledge of Adverse Information

5.2.1. As of the Commencement Date, Contractor is not aware of any facts, conditions or events

which would affect the ability of Contractor to provide the O & M Services in accordance

with these Conditions.

5.2.2. Contractor has familiarized himself with the nature and extent of the O & M Services

required to be provided under these Conditions and with all other requirements under

5.3. Organization, Standing and Qualification

Contractor is validly existing and in good standing under Applicable Law and has all

necessary power and authority to carry on its business as presently conducted and to

perform its obligations under these Conditions. Contractor is or will be prior to the date

on which the O & M Services are to be commenced duly qualified or licensed to provide

these services.

Section 3: Conditions of Contract for Operation & Model STP

5.4. Due Authorization

5.4.1. Each of the execution, delivery and performance by the Contractor of all contracts entered

into pursuant to these Conditions shall be duly authorized by all necessary action on the

part of Contractor.

5.4.2. Neither the execution and delivery by Contractor of the O&M Contract, nor the

consummation by Contractor of any of the transactions contemplated hereby, requires the

consent or approval of, the giving of notice to, the registration with, the recording or filing of

any document with, or the taking of any other action in respect of, any Governmental

authority or agency, except:

a) Such as have been duly obtained, given, registered, recorded, filed or taken and are

in full force and effect or are not yet required; and

b) Filings and recordings expressly required pursuant to the O & M part of contract.

Contractor holds, or will obtain, any and all licenses, permits and approvals on a timely

basis. Contractor has no reason to believe that any of those not yet required will not

be readily obtainable or done in the ordinary course of business upon due application

5.5. Litigation

In the aggregate, there are no pending or, to the knowledge of Contractor, threatened

actions, investigations or proceedings before any court, Governmental authority or

arbitrator, which would have material adverse effect on the ability of Contractor to perform

its obligations under these Conditions

6.1. General Conditions

6.1.1. Without limiting the Contractor’s obligations, responsibilities and liabilities under these

Conditions, the Contractor shall be required to provide and maintain in full force and effect,

at his expense the insurance coverage’s specified in Schedule [3] throughout for the O&M

Period. Any deductibles on the insurance shall be to the account of the Contractor.

6.1.2. Maintenance of insurance shall not relieve the obligation of the Contractor to remedy or

repair any damage to the Facility in case such damage is caused due to the fraud,

negligence, wilful misconduct or breach of any obligations of the Contractor under these

Conditions (including failure to perform the O & M Services in accordance with Good

Operating Practices) at the Contractors cost promptly and regardless of the extent of

settlement of claims by the underwriters or the time taken for settlement of claims. Any

amounts not insured or not recovered from the insurers shall be borne by the Contractor to

the extent any such liability or damage is caused due any breach of any obligations of these

Conditions (including failure of the Contractor to perform the O & M Services in accordance

with the Good Operating Practices) by the Contractor or any wilful misconduct, negligence

on the part of the Contractor.

6.1.3. The terms of the Insurance shall be approved by the Employer.

6.1.4. The Contractor within the 14 days from work order shall submit to the Employer evidence

that the insurances required under Schedule [3] of these Conditions has been obtained as

approved by the Employer.

6.1.5. The Contractor shall not make any alteration to the terms of any insurance without the

prior approval of the Employer. If the Contractor fails to effect and keep in force any

Section 3: Conditions of Contract for Operation & Model STP

of the insurance it is required to effect and maintain under these Conditions or fails to

provide satisfactory evidence and copies of policies in accordance with this Sub Clause, the

Employer may affect insurance for the relevant coverage and pay the premiums due and

may claim the same from the Contractor. The insurances:

a) shall be in the name of the Employer and the Employer shall be the sole loss payee,

b) shall be extended to cover liability for all loss and damage to the Employer’s property

arising out of the Contractor’s performance of his obligations or failure to do so under

these Conditions and any fraud, gross negligence or wilful misconduct on his part,

6.1.6. If the Contractor fails to effect and keep in force insurance which is required to be maintained

under these Conditions, and the Employer neither approves the omission nor effects

insurance for the coverage relevant to this default, any moneys which would have been

recoverable pursuant to such insurance shall be paid by the Contractor.

6.1.7. The insurance shall cover all the electrical items, mechanical items, Instrumentation &

automation items, all civil works, Storage structures etc. The insurance for the work of

transmission main is optional. Since the responsibility of safety of all work lies with

contractor, contractor may prefer to take the insurance of optional item also if deemed fit.

7. INDEMNIFICATION

7.1. Loss or Damage to Facilities

The Contractor shall at its own expense make good any physical loss or damage to the

Facilities occasioned by it in the course of the performance of its obligations under these

Conditions if and to the extent such loss or damage is caused by the negligence, wilful

default or breach of statutory duty or failure to follow Good Industry Practices by the

7.2. Other Loss or Damage

7.2.1. Except as otherwise stated in this Clause 7.2 or covered by Clause 7.3, the Contractor shall

indemnify, defend and hold harmless the Employer against any and all liabilities, losses,

damages and claims of whatever kind and nature, including all related costs and expenses

incurred in connection therewith, in respect of personal injury to or death of third parties or

any employee of the Employer or the in respect of loss of or damage to any third party

property or property belonging to employee of the Employer by:

a) any breach by the Contractor of its obligations hereunder and

b) any negligence, wilful default or breach of statutory duty on the part of Contractor

7.2.2. Except as otherwise stated in this Clause 7.2 or covered by Clause 7.3, the Employer

shall indemnify, defend and hold harmless the Contractor for all claims and losses of

whatever kind and nature, including all related costs and expenses incurred in connection

therewith, in respect of personal injury to or death of third parties or of any person employed

by the Contractor in respect of loss of or damage to any third party property or property

belonging to any person employed by the Contractor to the extent that the same arises out

of any Employer’s Risk

7.3. Accidents or Injury to Workmen

7.3.1. The Contractor shall indemnify, defend and hold harmless the Employer or any Employer’s

Personnel against any and all claims for loss, damage and expense of whatever kind and

Section 3: Conditions of Contract for Operation & Model STP

nature (including all related costs and expenses) in respect of the death of or injury to any

person employed by the Contractor in connection with the performance of the O&M

Services and obligations hereunder except to the extent that such death or injury is

caused by an Employer’s Risk.

7.3.2. Neither Party shall be liable to the other Party for loss of use of the Facilities, loss of profit,

loss of any contract or for any indirect or consequential loss or damage which may be

suffered by the other Party in connection with the Contract, other than under Sub-Clause

[13] and this Clause [7].

7.3.3. The total liability of the Contractor to the Employer, under or in connection with these

Conditions other than as provided in Clauses 7.3.2 & 14 shall not exceed the sum of the O

& M Price and the Delay Damages payable under these Conditions.

7.3.4. This Sub-Clause shall not limit liability of the Contractor in case of fraud wilful default, gross

negligence and liabilities arising due to breach of Applicable Law and the liability under any

other Clause of these Conditions that might impose a greater liability on the Contractor

8.1. General Provisions

8.1.1. The Employer may check the operation of the Facilities or designate an organization of his

choice to carry out inspections regularly. The Employer or the organization appointed by

him shall check that the Contractor is performing the tasks for which he is responsible with

due diligence. The Contractor shall at his cost provide all the assistance the Employer

requires to complete these inspections

8.1.2. Before any inspection, the Employer shall give prior notice to the Contractor, indicating the

name(s) of the person(s) empowered to carry out such inspection in the name of the

8.2. Measurement and Analysis

8.2.1. The Employer has the right to perform any analysis or inspection he deems necessary.

Before any inspection, the Employer shall give a prior written notice to the Contractor.

8.2.2. The sewage quantity, for any such test, analysis or inspection shall be measured by flow-

meters installed at the Facility, which are acceptable to the Employer, provided they are

maintained and calibrated as per requirements of this contract.

8.2.3. Other parameters like Pressure temperature and speed shall be measured by certified

calibrated meters provided by the contractor and, which are acceptable to the Employer

8.2.4. The flow meters shall be inspected and certified upon their availability by the Employer and

the Contractor. Thereafter, the said meters shall be tested, and their accuracy verified once

in every six (6) months by the Contractor. After each inspection, the flow-meters shall both

be sealed in the presence of representatives of the Employer and the Contractor in a

manner that is adequate to prevent the tampering of said meters by any person.

8.2.5. The Contractor shall be responsible for the security and protection of flow-meters at the

designated point. If there is any malfunctioning of the meters, it should be repaired at the

Contractor’s cost, as per manufacturer’s technical recommendations.

8.3. Plant Complex Visits

8.3.1. At the end of each month, or at the initiative of the Employer, a visit shall be organized so

that both parties can check the condition of the installations at the facilities.

Section 3: Conditions of Contract for Operation & Model STP

8.3.2. A report shall be drawn up to record the opinions of both Parties. The Employer reserves

the right to call in equipment manufacturers or specialized technicians for these visits.

8.3.3. These visits shall provide an opportunity for examining maintenance programs and

operating procedures and improvements requiring additional investments.

8.3.4. Any test, visit, analysis or inspection and any approval thereof shall not in any way

alter/modify or dilute the responsibility of the Contractor to fulfil his obligations under these

9. RECORDS AND REPORTS

9.1. Operating Records and Data- The Contractor shall:

9.1.1. Prepare and maintain, on a current basis and in accordance with generally accepted Indian

accounting principles, proper, accurate and complete books and records and accounts of

all transactions related to the Facilities including a log book at the site which shall contain

inter alia the following details

a) Reading from the different meters, indicators and recorders (including but not limited

to consumption of energy, volume of water conveyed, operating times of the different

items of equipment etc which may be updated on a daily basis); and

b) Report of visits by persons other than those of the Employer and the Contractor to the

9.1.2. Establish and maintain a weekly and monthly reporting system to provide storage and ready

retrieval of operating data relating to the Facilities, including such information necessary to

verify calculations made pursuant to these Conditions or the O & M part of contract and

provide the same to the Employer on a monthly basis

9.1.3. Provide to the Employer or such persons notified by it access to the Facilities and to data in

relation to the Facilities, at all times.

9.1.4. At the Employer’s request, at the end of every month, make a copy of the system

performance data for that month as recorded by the instrument and control system on CDs

/ DVDs and printed document there from and deliver the same to the Employer with one

9.1.5. Provide support to the Employer to meet the data requirements of all competent authorities

and under Applicable Law

9.2.1. The Contractor shall submit the reports mentioned in Schedule [2] at times indicated in the

9.2.2. The Contractor shall also provide the Employer with such reports as are required by the

Employer and shall comply with all reporting requirements prescribed under these

Conditions and the O & M part of contract. In addition, the Contractor shall submit the

following information to the Employer.

9.2.3. Upon obtaining knowledge thereof, shall submit prompt written notice of:

a) Any litigation or material claims, disputes or actions, threatened or filed, concerning

the Facilities or the services to be performed hereunder;

Section 3: Conditions of Contract for Operation & Model STP

b) Any refusal or threatened refusal to grant, renew or extend or any action pending or

threatened that might affect the granting, renewal or extension of any clearance,

permit or license;

c) Notwithstanding the aforementioned materiality, all penalties or notices of violation

issued by any authority under Applicable Law;

9.2.4. The Contractor shall promptly submit to the Employer any material information concerning

new or significant aspects of the operations of the Facilities, any material complaint about

the Facilities from any person or entity with a bonafide complaint who complains directly to

the Contractor and, upon Employer’s request, shall promptly submit any other information

concerning the Facilities or the services performed by the Contractor.

9.2.5. The Employer may from time to time specify any changes to be made to any of the format

of any report or plan required hereunder.

9.2.6. If the Contractor is required by any Applicable Law to produce any projection, report or any

other document relating to the provision of the O & M Services of the Facilities or the

Employer requests a report regarding other information relating to the Facilities, the

Contractor shall prepare a draft of such document at the request of the Employer, as soon

as practicable and in any event within any time limit prescribed by Applicable Law.

9.2.7. If the Contractor is required by any Applicable Law to produce any projection, report or any

other document, it shall prepare such report diligently and submit the same to the Employer

as soon as possible thereafter. Wherever practicable, such reports shall be submitted to the

Employer for review seven days before the same is issued. The Contractor shall take into

account any comments or revisions proposed by the Employer thereon.

9.3. Procurement