AUGMENTATION & UPGRADATION WORK OF SEWERAGE PUMPING STATION (SPS) LOCATED AT MAHENDRAGHAT, MANIMANDIR & RAVAPAR AREAS OF MORBI CITY. (5th Attempt)

a) Estimated Cost in Rs.

b) Amount of EMD

Sr. c) e-Tender Fee

No. d) Time limit for completion of

e) Class of Registration

1 “AUGMENTATION & UPGRADATION WORK OF SEWERAGE a) Rs. 31,89,885/-

PUMPING STATION (SPS) LOCATED AT MAHENDRAGHAT, b) Rs. 31,898/-

MANIMANDIR & RAVAPAR AREAS OF MORBI CITY c) Rs. 1,875/-

e) “E-1” Class and above

Milestone Dates for e-tendering is as under

1. Downloading of e-Tender documents 27-03-2026 to 13/04/2026 upto 18.00 Hrs.

2. Online submission of e - Tender 13-04-2026 upto 18.00 Hrs.

3. Physical submission of EMD, Tender fee and 18/04/2026 upto 18.00 Hrs.

other documents required as per Financial

and Experience criteria by Regd. Post. A.D. /

Speed Post ONLY

4. Opening of online tender 20-04-2026 at 12.00 Hours onwards

5. Opening of Price Bid (If possible) 20-04-2026 at 13.00 Hours onwards

6. Bid Validity 120 Days

For further details, pre-qualification criteria etc. visit www.MMC.nprocure.com

1. All bidders must submit tender fee and Bid Security (EMD) as above submit at the below mentioned address along

with physical submission of bid documents in form of Demand draft in favour of "Morbi Municipal Corporation", Morbi,

from any Nationalized Bank or Scheduled Bank (except Co-Operative Bank) in India. Also, Address proof of registered

office and ID proof shall have to be submitted along with physical submission of required documents.

15,Vasant Plot Main Road,

Morbi Municipal Corporation,

Morbi- 363641, Gujarat.

2. The e-tender fee will be accepted only in form of Demand Draft in favour of “Morbi Municipal

Corporation”, Morbi, from any Nationalized Bank or Scheduled Bank (except Co-operative Bank) in

3. The pre-qualification requirement is as under:

A. Financial Criteria:

1. The applicant must have achieved a minimum annual turnover (defined as billing work in progress

and completed in all classes of civil engineering construction works only) in any 1 (one) year over

the last 7 ( seven) financial years of the annual value of contract applied for.

2. The applicant should give an undertaking that he has access to or has available liquid assets

(aggregate of working capital, cash in hand & uncommitted bank guarantees) and/or credit facility

equal to 25% of the value of the contract / contracts applied.

B. Earnest Money Deposit / Bid Security:

1. 1% of tender amount in form of demand draft or NEFT/RTGS or Online Transfer

2. Bank guarantee is applicable only for Bid Estimated Amount of Rs. 1.00 Crore & above

C. Registration Class:

Bidder must have minimum "E-1" Class registration with GWSSB, State or Central Government.

D . Available bid capacity-

• ABC must be more than the estimated tender amount.

• ABC is to be calculated as: ABC = 2 * A * N – B

A = Maximum Value of works executed in any 1 ( one) year during the last 7 (seven)

years (updated to present price level by applying enhancement factor) taking into

account the completed as well as works in progress.

N = No. of Years prescribed for completion of the works for which tender is invited

B = Value (*Price level) of existing commitments and ongoing works to be

completed during the next N Years (Period of completion of the work for which

the tender is invited).

E. Experience Criteria:

The bidder should possess the following minimum experience:

1. Bidder shall have experience of having completed (including successful trial run & commissioning) at least

one contract of similar nature of work of at least 40% of the value of proposed contract within last seven

years ending 31st March

In above “Work of Similar Nature” means an experience of Augmentation, Upgradation of Water retaining

Pumping stations like drainage/sewage pumping station and raw/treated water pumping station work

completed project as per above mentioned tendered amount of pumping station any type of fluid like sewer,

water etc. whose projects cost inclusive of augmentation work in any Municipal Body / Urban Local Body /

Development Authority / State Government Body or undertaking / any department or undertaking of

Government of India.

In Addition to that experience will be required also for minimum diameter & pipeline length within the last

7 (seven) financial years in any Municipal Body / Urban Local Body / Development Authority / State

Government Body or undertaking / any department or undertaking of Government of India as per physical

criteria shown below.

The work may have been executed by the applicant as prime contractor or as a member of a joint venture. In

case a project has been executed by a joint venture in proportion of their final participation in the joint

Substantially completed work means at least 90% completed as on the date of Submission (i.e. Gross value

of work done up to the last date of Submission is 90% or More of the original Contract Price) and continuing

satisfactorily.

For these reasons, a certificate from the employers shall be submitted along with the application

incorporating clearly the name of the work, contract value, billing amount, date of commencement of works,

satisfactory performance of the contractor and any other relevant information.

Enhancement Factor at 10% per year for last 7 (seven) years will be applicable to arrive average annual

turnover and finalize the magnitude of work done last 7(seven) years.

Sr. No. Year Enhance Factor

1 Year of Inviting Tender (25-26)

1. The contractor will have to quote their rates without Goods and Services Tax (GST) and include all the other

taxes. The invoice should be submitted by the contractor showing the breakup of GST in the bill.

2. Joint Venture is Not Permitted (Refer IT 4 In this volume).

3. The contractor shall have to purchase the material required for this tender work, only from the supplier having

registered GST Number will not be responsible to pay any amount towards GST if the material is purchased

from the unregistered supplier / not having GST Number.

4. After the opening of the Technical Bid, the procedure for the pre- qualifications shall be adopted and the Price

Bid of only successful qualified bidders shall be opened for final evaluation of the contract. The decision of

the Municipal Commissioner regarding the pre- qualifications shall be final and binding to all the bidders.

Bidder to provide CVs of at least 1 (one) experienced civil engineer who must be deployed on site during all

work as per instructions of Engineer in Charge.

5. The Tender of those bidder(s) who fail to submit the required documents physically within the stipulated date

and time, will be treated as nonresponsive and their Price Bid will not be opened.

6. The Bidder should not have been Blacklisted by Government of India/Government of Gujarat or any State

Board/Corporations since inception of Bidder’s Firm/Company. A Declaration in this regard on Rs. 300/-

stamp paper duly notarized shall have to be submitted as per Annexure- III, along with the tender documents.

The bidder who fails to submit the above document will be treated as nonresponsive.

7. The Bidder should provide accurate information on any litigation history or arbitration resulting from

contracts completed or under execution by him over the last 10 (ten) years. This should also include such

cases which are in process/progress. A consistent history of awards against the bidder may result in failure of

the bid. In case the bidder has not provided such information and has come to the notice of the authority, the

tender will be rejected at whatsoever stage and in such case all the losses that will arise out of this issue will

be recovered from the tenderer / bidder and he will not have any defence for the same. A self-attested

declaration on the letter head of the Bidder’s Firm/Company in this regard shall have to be submitted along

with tender documents.

8. MMC Reserves the right (i) to change, alter or to waive any technical or commercial terms, and conditions

(ii) to reject all the bids or any bid in part or full without assigning any reason whatsoever (iii) for making

changes/relaxation in eligibility criteria at any time in the interest of the public and (iv) to obtain any

information/clarification/documents from any and all the bidders after opening of technical bid if the

Employer or Employer’s representatives choose to do or in the interest of the work. The Bidder(s) shall have

no cause of action or claim against the Morbi Municipal Corporation or its Officers/Employee’s successor or

assignee for rejection of his tender/bid.

9. After opening of Technical Bid, the procedure for the pre-qualification shall be adopted and the Price Bid of

only successful qualified bidder(s) shall be opened for final evaluation of the contract. The decision of

Municipal Commissioner regarding the pre-qualification shall be final and binding to all the bidders.

10. The Tender of those Bidder(s) who fail to submit the required documents physically within the stipulated date

and time will be treated as non-responsive and their Price Bid will not be opened.

11. The bidder(s) submitting the tender shall also have to submit the copy of ESIC & EPF Registration document

along with the other documents, duly self-attested, failing which, the tender of such bidder(s) will be

considered as non-responsive, and their online price bid will not be opened.

12. Conditional Tenders will be outrightly rejected.

13. If no agency remains present and are no points for Pre-bid meeting, “NIL” minutes to be considered and the

same will not be uploaded.

14. Morbi Municipal Corporation, Morbi, reserves the right to accept/ reject any or all e-tender(s) without

assigning any reasons thereof.

Morbi Municipal Corporation

CHECKLIST FOR SUBMMISSION OF DOCUMENTS (ONLINE AND OFFLINE)

The bidder must submit the relevant documents as per below:

Document Name Offline Submission

1 Tender Fee and EMD Scan Image Original DD

2 Tender Documents with Scan Image --

Corrigendum if any

3 Agency Registration Certificate Scan Image --

4 GST Registration Scan Image --

5 PAN card Scan Image --

6 PF Registration Scan Image --

7 ESIC Registration Scan Image --

8 Professional Tax (PEC and PRC) Scan Image --

9 Non-Blacklist Declaration and Litigation Scan Image Original

10 Turnover Certificate from CA Scan Image --

11 Work Experience Certificates Scan Image --

12 Available bid capacity Scan Image --

13 Other documents, if any Scan Image --

14 Pipe Manufacturer MOU (Not Applicable) Scan Image Original

15 Working Capital Scan Image --

Note: The bidder must submit all relevant documents as per qualification criteria and tender conditions. No

correspondence to the agency will be made for shortfall documents.

Original documents to be brought by bidder/authorized person for verification on the date and time as

communicated by engineer-in-charge. Successful bidder to submit hard copy of tender documents including

addenda/Corrigendum, if any and other supportive documents as required in this tender, duly stamped &

signed on all pages.

Agency has to submit/upload above all documents in respected order as shown in above check list.

Morbi Municipal Corporation

Name and signature of Bidder

2. INFORMATION TO THE BIDDER

Information to the tenderers

120 (One Twenty) days from the last date of

1. Bid Validity

opening of Technical Bid

2. Concern officers Contact No. Dy. Executive Engineer +91

Amount of tender security bond (Earnest

5 (Five) percent of contract price

4. Minimum amount of performance bond price

5. Time of completion 4 (Four) months

01 (One) month included in time of

6. Testing period

36 (Thirty-six) months from the date of line

7. Period of liability for defects put into operation or from the date of issue of

Completion Certificate whichever is later.

0.1 (zero point one) percent of the contract

value per each day of delay subject to a

8. Compensation for delay maximum up to 10 (ten) percent of the

contract value or as decided by the Municipal

Municipal Commissioner reserves the right to

9. Remarks reduce scope of work and entrust to any other

agency without any assigning reason.

. Asst. Engineer Dy. Executive Engineer City Engineer

Morbi Muni. Corporation Morbi Muni. Corporation Morbi Muni. Corporation

Signature of Contractor

3. e-TENDER DECLARATION FORM & SECURITY

3: e-TENDER DECLARATION FORM

“AUGMENTATION & UPGRADATION WORK OF SEWERAGE PUMPING

STATION (SPS) LOCATED AT MAHENDRAGHAT, MANIMANDIR & RAVAPAR

AREAS OF MORBI CITY.”

The Municipal Commissioner,

Morbi Municipal Corporation,

I/We, the undersigned have carefully gone through and clearly understood the Tender Documents

comprising Notice Inviting Tenders, Articles of Agreement, Scope of Works, Definition of Terms,

Instructions to Bidders, Conditions of Contract, Special Conditions of Contract, Appendices, Specifications,

Schedule of Quantities and Tender Drawings furnished by The Morbi Municipal Corporation. I/We have

satisfied myself/ourselves as to the location of site, examined drawings.

I/We also submit my/our unconditional acceptance to any subsequent changes made by MMC through

addendum/corrigendum (if any) and minutes of pre-bid as and when held and uploaded and clearly

understand that these (if and as and when issued) will be part of tender.

I/We, do hereby offer to execute and complete the whole of EPC work within the time specified all in

accordance with the specifications, designs, drawing and instructions in writing referred to in the said

documents and with such materials as are provided for at the respective rates which I/We have quoted

In the event of this tender being accepted I/We agree to enter into agreement as and when required and

execute the contract, according to your Form of Agreement, OR in default thereof I/We myself/our self to

forfeit the 'Earnest Money' Deposit.

I/We, understand that, if I/We shall not enter in agreement within 10 days from the date of receipt of letter

of acceptance, you will forfeit the earnest money paid by me/us and take necessary action as deemed fit.

I/We have enclosed a DEMAND DRAFT/FDR as an "Earnest Money Deposit" for the sum of

Rs 31,898/- the full value of which is to be absolutely forfeited to the Owner should I/We fail to commence

the works specified. Otherwise, the said sum shall be retained by the Owner as on account of such 'Security

Deposit' as provided for in the aforesaid documents.

I/We, agree not to employ Sub-Contractors other than those that may be approved in accordance with

conditions in the aforesaid documents.

I/We, understand that you are not bound to accept the lowest or any bid/tender which you may receive.

I/We, shall refer all disputes arising out of or relating to the agreement to the arbitration in accordance with

conditions of contract.

I/We, am/are bound to execute the job if the work order is issued within 120 (One hundred and Twenty)

days from the last date of opening of Technical Bid

I/We agree to pay the Government, Income Tax, GST, Labour and all other types of applicable Cess,

Professional Tax and any and all other taxes prevailing from time to time on such items/works on which the

taxes are levy-able and the rates quoted by me/us are inclusive of the same.

I/We understand that this contract is to be construed according to and subject to the laws of India and the

State of Gujarat and under the jurisdiction of the Courts of Morbi City, Gujarat at Morbi only.

Date: Bidder‘s Stamp and Signature

Note: This declaration form is to be signed by the bidder and submitted duly notarized along with

other physical documents as specified in NIT without fail.

Name of Work : “AUGMENTATION & UPGRADATION WORK OF SEWERAGE

PUMPING STATION (SPS) LOCATED AT MAHENDRAGHAT, MANIMANDIR &

RAVAPAR AREAS OF MORBI CITY.”

Details of Firm

Name of the Bidding firm :

Telephone No. :

Income Tax Year :

Details of Firm Partners

Sr. Name of the firm Address with Phone No. Full details of Income Tax

No. Proprietor/Partner Ward.

Office Residence

No.of Extra sheets used ________ Pages ________ to ________

Financial Statement

To be given separately for the firm each partner / director - please use copies.

Name of the firm / Partner / Director

- Issued and Paid-up

- FINANCIAL POSITION

- Current Assets

- Current Liabilities

- Ratio (Assets to Liabilities)

- Working Capital

Min.avg. annual

Min.avg. annual

Min.avg. annual

Net profit before

Please attach copy of Income tax return, audited balance sheet and profit and loss account for the last three

No. of Extra sheets used _______ pages _______ to ________

Details of Firm Partners / Directors

Sr. Name of person and address Prop/ Phone Numbers Full details

No. Partner/ Office Resi. Mobile of Income

Director Tax Ward

Details of Bankers of the Tenderer

Sr. Name of Bank Account type Manager/ Address Phone

No. and number Contact Number

No. of Extra Sheets used _______ Pages ____ to _______

Details of works completed by Tenderer in last Seven years.

(2018-19 to 2024-2025 years wise)

In order of relevance to the work for which this pre-qualification is sought for:

Time taken for Project

Sr. and Year of Project

Address Tenderer's role completion (in cost (in

No. type of completion details

(Tenderer can enclose photographs of the above works, with project and bidder's name on the back side).

No. of extra sheets used ______ Pages ______ to ________

“AUGMENTATION & UPGRADATION WORK OF SEWERAGE PUMPING

STATION (SPS) LOCATED AT MAHENDRAGHAT, MANIMANDIR & RAVAPAR

AREAS OF MORBI CITY.”

Delay in Project

Total Client with Length in Length in

Name of Months from Under

Sr. Length address, Km for Km for

Scheme Scheduled Litigation

No. in contact Diameter Diameter

Completion (Yes / No.)

KDI number and >=300mm < 300mm

Signature of Contractor

Name of the Contractor

Stamp of Company

(Tenderer can enclose photographs of the above works, with project and Tenderer 's name on the back

EXPERIENCE OF EPC / TURNKEY PROJECT EXECUTION OF WORK OF SIMILAR

NATURE INCLUDING AUGMENTATION WORK COMPLETED SUCCESSFULLY AS A

CONTRACTOR DURING LAST 7 (SEVEN) YEARS OF VALUE AS SPECIFIED UNDER

EXPERIENCE CRITERIA FOR QUALIFICATION OF THE BIDDER

(“Work of Similar Nature” means experience of Augmentation of pumping station including

sewage and raw/treated water pumping station in any Municipal Body / Urban Local Body /

Development Authority / State Government Body or undertaking / any department or

undertaking of Government of India and out of these at least one plant shall be in successful

operation for minimum one year.)

Date of Date of Delay in r

Brief Nam Work Work months Project

Details e of Awarde Complet from the Under

Sr. Name of of client d ed Schedul Litigatio

No. Project Project with ed date n

compon detail of (Yes/No)

ents s completi &

Signature of Contractor

Name of the Contractor

Stamp of Company

(Tenderer can enclose photographs of the above works, with project and Tenderer 's name on the back

A certificate from client for satisfactory completion of the work and successful performance of the

system shall be attached as per Performa

DETAILS OF PLANT & EQUIPMENT OWNED BY THE CONTRACTOR

Make Year of Details of the Owned/

Capacity Present

Description Qty. and Manufac RTO Hired/

or Output Location

Model ture registration Leased

1. List of principal

Plant / Equipment

of the Contractor

a) Trucks/Dumpers

c) Concrete Transit

d) Dewatering Pumps

f) Electrical tooling

g) Other ( Bidder to

Note: The contractor shall have to submit proof of ownership of each equipment as otherwise it will

be considered that equipments are to be hired.

DETAILS OF KEY-PERSONNEL WITH TENDERER

Sr. Name Qualification Type of Experience in Whether will

No. experience years be involved

No. of extra sheets used _______ Pages ______ to _______

List of Attachments

Attachment Included Yes/No

No. of Extra Sheets used _______ Pages _______ to _______

Name of work: “ AUGMENTATION & UPGRADATION WORK OF SEWERAGE

PUMPING STATION (SPS) LOCATED AT MAHENDRAGHAT, MANIMANDIR &

RAVAPAR AREAS OF MORBI CITY “

Further information

(Any Further Information To Prove Tenderer's Capability For The Work)

No. of Extra Sheets used _______ Pages ______ to _________

MEMORANDUM OF UNDERSTANDING (MOU) (Not Applicable)

day of , 20 for the “ AUGMENTATION &

This MOU made and entered into on th

UPGRADATION WORK OF SEWERAGE PUMPING STATION (SPS) LOCATED

AT MAHENDRAGHAT, MANIMANDIR & RAVAPAR AREAS OF MORBI CITY”

M/s. Principal Contractor having registered office, ………………………………. referred to

as “ PC ” which expression shall unless repugnant to the context or contrary to the meaning

thereof includes its successors, legal heirs, representatives and permitted assignee of First

M/s. Pipe Manufacturer , having registered factory at” …………….. HERE INAFTER referred

to as “ PM” which expression shall unless repugnant to the context or contrary to the meaning

thereof includes its successors, legal heirs, representatives and permitted assignees of Second

WHEREAS MORBI MUNICIPAL CORPORATION ( herein after referred to as CLIENT ) has

invited tender for the work of ( e- tender - ) “ AUGMENTATION &

UPGRADATION WORK OF SEWERAGE PUMPING STATION (SPS) LOCATED

AT MAHENDRAGHAT, MANIMANDIR & RAVAPAR AREAS OF MORBI CITY”

under control of The Municipal Commissioner, Morbi Municipal Corporation . Here in after

referred to as work.

The purpose of this MOU is to ensure successful Manufacture, Testing & Supply of pipes of the said

project and to respond to the well defined requirements stipulated in the tender specification duly

amendment if any during pre-bid conference and the requirements of the tender.

WHEREAS “PC” shall be the principal contractor / Bidder who have relevant experience Providing,

laying, jointing, testing & commissioning of DI pipeline of various diameter for in required length for

state / central or any semi govt. organization for their water supply scheme successfully and desires to

undertake the said work after award of Contract for the said work.

AND WHEREAS “PM” is having own manufacturing unit for manufacturing of DI pipes as per the

standards laid down in the tender document of this project and agrees to Manufacture, testing, marking

and supply required total quantity as per tender in 50% of time limits shown in the tender with a

provision to provide all testing facilities at factory site to the authorized engineer and his team of

Morbi Municipal Corporation for this project.

NOW THEREFORE in consideration of all the above, it is hereby agreed upon by and between the

parties as follows:

1. “PM” agrees to manufacture, testing and supply pipes as per the relevant IS code of practice

and specifications laid down in the tender document to “ PC ”, if the same are desired and

requested by the client.

2. “PM” in this association will provide all Technical Assistance for Design & Manufacturing

of pipes as per the standards and specifications within a period prescribed in the tender.

“PC” shall in all normal circumstances carry out the said work at site at the price quoted by

3. Both the companies “PC” and “PM” are jointly and severally responsible for performance in

totality for their respective scope of work included in the above said work up to liability

4. The parties hereto further agree that each of them treat the TECHNICAL AND FINANCIAL

DATA and information supplied by one to the other as strictly confidential and confine to

any tender only and shall not part with the same to be third party.

5. When “ PC ” gets the work order for the above said work from the CLIENT, “ PM ” shall

automatically get its part of order from “ PC ”.

6. In the event, liquidated damages are imposed by the CLIENT, for the non fulfillment of any

requirement or conditions pertaining to completion of this pipeline work by “ PC ”

shall be prime responsible & “ PM ” shall be responsible for Manufacturing, testing,

supply of required pipes under scope of work.

7. All questions/disputes related to this contract or consequence to this MOU which cannot

be settled, mutually shall within 30 days from the date that either PARTY informs the

other in writing that such disputes or disagreement, all necessary Assistance for

performance under this contract shall continue during the arbitration proceedings. The

venue of Arbitration shall be Morbi and municipal commissioner shall be the sole arbitrator

8. Each PARTY shall inform, in a timely manner, to the other PARTY the specifications and

other details available with one PARTY and required by the other Party to enable the other

PARTY to properly perform their own scope of work.

9. “PC” shall bear all cost and expenses incurred in connection or otherwise related to all parts

and aspects of the project work.

10. Manufacture & Supply understanding letter of “PM” dated..... th , 2018 shall be considered

as part of Agreement.

11. Payment to sub contractor / pipe manufacturer for this work shall be made by ‘PC’ However

if further amount on sub contract etc. will be levied by the Govt., any further taxes of central

or state govt., PC shall be responsible for it.

IN WITNESS WHEREOF the parties have caused there duly authorized representative to

Signed for & on behalf of

Proprietor. Director.

On Rs. 300/- Stamp Paper

not black listed and no enquiries/ cases are pending against us by Government of India / Government

of Gujarat or any State Board/ Municipal Corporation, since inception of the firm / company.

I further undertake that if above declaration proves to be wrong/ incorrect or misleading, our tender/

contract stands to be cancelled/ terminated.

Date: Signature o f Authorized

Form of Bid Security (Bank Guarantee) (or format as per bank rule)

WHEREAS, ______________________________________ [Name of Bidder] (hereinafter called

“the Bidder") has submitted his bid dated _______________________ [Date] for the construction of'

______________ [Name of Contract] (hereinafter called "the Bid").

KNOW ALL MEN by these presents that We ______________________________________ [Name

of Bank] of ________________________________ [Name of Country] having our registered office

at ______________________________________ (hereinafter called "the Bank) are bound as

principal obligator unto ______________________________________ [Name of Employer]

(hereinafter called "the Employer") and unconditionally and irrevocably guarantee the payment to the

sum of ______________________ for which payment well and. truly to be made to the said Employer

the Bank binds himself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ________ day of ________________

THE CONDITIONS of this obligation are:

(1) If the Tenderer withdraws his Bid during the period of bid validity specified in the

(2) If the Tenderer refuses to accept the correction of errors in his Bid;

(3) if the Tenderer, having been notified of the acceptance of his Bid by the Employer

during the period of Bid validity;

(a) fails or refuses to execute the Form of Contract Agreement in accordance with

the' Instructions to Bidders, if required; or

(b) fails or refuses to furnish the Performance Security, in accordance with the

Instructions to Bidders;

We undertake to pay to the Employer up to the above amount upon receipt of its first written demand,

without the Employer having to substantiate its demand, provided that in its demand the Employer

will note that the amount claimed by it is due to it owing to the occurrence of one or all of the three

conditions, specifying the occurred condition or conditions.

This Guarantee will remain in force up to and including the date ________________ days after the

deadline for submission of bids as such deadline is stated in the Instructions to Bidders or as it may be

extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand

in respect of this Guarantee should reach the Bank not later than the above date.

DATE ________________________ SIGNATURE OF THE BANK

(Signature, Name, and Address)

FORM OF CONTRACT AGREEMENT

THIS AGREEMENT made the____________day of_______________20____________

called “the Employer”) of the one part and__________________________of

__________________(hereinafter called “the Contractor” of the other part.

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor, viz.,

and has accepted a e-Tender by the Contractor for the execution and completion of such Works and

the remedying of any defects therein at a cost of Rs._____________________

NOW THIS AGREEMENT WITNESSETH as follows:

In this Agreement, words and expressions shall have the same meanings as are respectively

assigned to them in the Conditions of Contract hereinafter referred to.

The following documents shall be deemed to form and be read and construed as part of this

Agreement, viz:

a) The Contract Agreement.

b) The Letter of Acceptance.

c) The Employer’s Requirements.

e) The Conditions of Contract - Volume -I

f) The Technical Specifications - Volume-II

g) The Bid Drawings;

h) The Price Bid. Volume-III

i) The Contractor’s Proposal

j) Minutes of Pre bid meeting

k) Addenda, Corrigendum etc.

In consideration of the payments to be made by the Employer to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the Employer to execute and complete the

Works and remedy any defects therein in conformity in all respects with the provisions of the

The Employer hereby covenants to pay the Contractor in consideration of the execution and

completion of the Work and the remedying of defects therein the Contract Price or such other sum

as may become payable under the provisions of the Contract at the times and in the manner

prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed the day

and year first before written.

affixed in the presence of:

Signed, sealed, and delivered by the said______________________________

Binding Signature of Employer______________________________________

Binding Signature of Contractor_____________________________________

FORM OF PERFORMANCE SECURITY (BANK GUARANTEE)

WHEREAS_________________________(name and address of Contractor) (hereinafter called

“the Contractor”) has undertaken, in pursuance of Contract No.________dated______________to

execute ___________________(name of Contract and brief description of Works) (hereinafter

called “the Contract”);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish

you with a Bank Guarantee by a recognized bank for the sum specified therein as security for

compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such as Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you as principal

obligator, on behalf of the Contractor, un conditionally and irrevocably guarantee the payment of

an amount to total of ______________________________________________(amount of

Guarantee) ____________________________________(amount in words), such sum being

payable in the types and proportions- of currencies in which the Contract Price is payable, and we

undertake to pay you, upon your first written demand and without cavil or argument, any sum or

suDI within the limits of __________________________(amount of Guarantee) as aforesaid

without your needing to prove or to show grounds or reasons for your demand for the sum specified

We hereby waive the necessity of your demanding the said debt from the Contractor before

presenting us with the demand.

We further agree that no change or Additional to or other modification of the terms of the Contract

or of the Works to be performed there under or of any of the Contract documents which may be

made between you and the Contractor shall in any way release us from any liability under this

guarantee, and we hereby waive notice of any such change, Additional or modification.

this guarantee shall be valid until the date of issue of the performance certificate.

SIGNATURE AND SEAL OF THE GUARANTOR

FORM OF ADVANCE PAYMENT SECURITY (BANK GUARANTEE)

(DELETED - N.A.)

In accordance with the provisions of the Conditions of Contract, (“Advance Payment”) of the above-

mentioned Contract,________________________

_____________________________[name and address of Contractor] (hereinafter called “the

Contractor”) shall deposit with __________________________________

(name of the Employer) a bank guarantee to guarantee his proper and faithful performance under the

Clause of the Contract in an amount of ______________________________(amount of Guarantee)

We, the ____________________(bank or financial institution), as instructed by the Contractor, agree

unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the

payment to ____________________________(name of Employer) on his first demand without

whatsoever right of objection on our part and without his first claim to the Contractor, in the amount

not exceeding____________________________________________(amount of Guarantee)

______________________________(amount in words), such amount to be reduced periodically by

the amounts recovered by you from the proceeds of the Contract.

We further agree that no change or Additional to or other modification of the terms of the Contract or

of Works to be performed there under or of any of the Contract documents which may be made

between ____________________________________ (name of Employer) and the Contractor, shall

in any way release us from any liability under this guarantee, and we hereby waive notice of any

change, Additional, or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment under the

Contract until ___________________________________(name of Employer) receives full

repayment of the same amount from the Contractor.

SIGNATURE AND SEAL: ________________________

Name of Bank or Financial Institution: ________________________

Signature of Contractor City Engineer

Water Management Unit

Morbi Municipal Corporation

4. SCHEDULES TO BIDDER ( SCHEDULE 1 TO 3)

Performance Guarantees

This Schedule may contain certain minimum performance that the Contractor must guarantee in

terms of maximum permissible parameters of treated Water to be supplied onwards to distribution

network, quantity of Water to be treated, quality of the Water etc. as prescribed in the tender

document elsewhere and reviewed by MMC.

The monthly report shall include but not be limited to:

Pipeline Supply, Lowering, Laying qty. register/drawing etc.

Concrete pour card,

All types of required registers.

Physical and financial reports during the end of each month

Insurance against Injury to Persons and Damage to Property

The Contractor shall insure against each liability for any loss, damage, death or bodily injury, which

may occur to any physical property or to any person, which may arise out of the Contractor's

performance of his obligations under these Conditions during the defect liability period

This insurance shall be with maximum 3 (three) numbers of occurrences till the full amount of the

Insurance for mechanical, electrical & automation of the package is compulsory whereas that of all

Transmission Main, Storage and other Civil work shall be optional.

Insurance for Contractor's Personnel

The Contractor shall effect and maintain insurance against liability for arising from injury, sickness,

disease or death of any person employed by the Contractor or any other of the Contractor's Personnel.

Contractor shall have to take insurance policy and intimate to MMC along with the evidence within

time limit. In case of noncompliance entire responsibility shall be rest with the agency and required

amount shall be recovered from any due amount of the Contractor. MMC can recover penalty amount

from the agency for not taking the insurance.

Though the penalty amount is recovered, responsibilities of the agency for taking insurance shall be

continued and will not be escaped from this responsibility.

The Employer shall also be indemnified under the policy of insurance, except that this insurance may

exclude losses and claims to the extent that they arise from any act or neglect of the Employer or of

the Employer's Personnel.

1) Tenderers to note last date and time of submission of e-Tenders. e-Tenders should be filled up

electronically only, within the stipulated date and time mentioned in the e-tender notice.

2) e-Tenders shall be duly filled up with the name of the project, Name of the work and opening date

3) e-Tender security Bond for Earnest Money Deposit shall be submitted as per article IT-07 (Earnest

Money Deposit).

4) Variation to specifications, if any shall be liable to be rejected.

5) Information regarding Capability etc. as per clause No. IT-12 (General Performance data) shall

have to be submitted.

6) The e-tender shall be filled completely in every respect and signed wherever required before

physical submission.

7.) All Appendixes shall have to be submitted physically duly filled.

Addl. Asst. Engineer Dy. Executive Engineer City Engineer

Morbi Muni. Corporation Morbi Muni. Corporation Morbi Muni. Corporation

Signature of Contractor

6 INSTRUCTIONS TO TENDERER

The contract documents may be secured in accordance with the Notice Inviting e-Tender for the work

called. The work shall include Design, supply of materials necessary for construction of the work with

its commissioning.

IT 2. INVITATION TO e-TENDER

The Morbi Municipal Corporation hereinafter referred as the Corporation will receive e-Tenders for

the work of as per the specifications and schedule of prices in the e-Tender document. The e-Tenders

shall be opened online as specified in the e-Tender notice in the presence of interested Tenderers or

their representatives. The Corporation reserves the right to reject the lowest or any other or all e-

Tenders or part of it which in the opinion of the Corporation does not appear to be in its best interest,

and the Tenderer shall have no cause of action or claim against the Corporation or its officers,

employees, successors or assignees for rejection of his e-Tender.

IT 3. LANGUAGE OF e-TENDER

e- tenders shall be submitted in English, and all information in the e-tender shall also be in English.

Information in any other language shall be accompanied by its translation in English. Failure to comply

with this may make the e-Tender liable to rejection.

IT 4. QUALIFICATIONS OF TENDERERS

A. The Tenderers who fulfill the criteria shown in the e-tender notice for works as per the rules and

regulations of the Corporation are only eligible to e-tender. They shall abide by the laws of the Union

of India and of Gujarat State and legal jurisdiction of the place where the works are located.

B. The Tenderer shall furnish a written statement of financial and technical parameters with details

and documents along with his e-Tender which contains namely as below:

i. The Tenderer’s experience in the fields relevant to this contract.

ii. The Tenderer’s financial capacity/resources and standing over at least 3 (Three)

iii. The Tenderer’s present commitments (Jobs on hand).

iv. The Tenderer’s capability and qualifications of himself and his regular staff etc.

v. Plants and Machinery available with the Tenderer for the work Tendered.

C. Joint venture : (NOT ALLOWED)

• Joint Venture is allowed only for the tender work above Rs. 20 Cr.

IT 5. e-TENDER DOCUMENTS

The e-Tender documents and drawings shall comprehensively be referred to as e-Tender document.

The several sections form in the document are the essential parts of the contract and a requirement

occurring in one shall be as binding as though occurring in all, they are to be taken as mutually,

explanatory and describe and provide for complete works.

IT 6. EXAMINATION BY TENDERERS

A. At this own expense and prior to submitting his e-Tender, each Tenderer shall (a) examine the

Contract Documents, (b) visit the site and determine local conditions which may affect the work

including the prevailing wages and other pertinent cost factors, (c) familiarize, himself with all central,

state and local laws, ordinance, rules regulations and codes affecting the material supply including the

cost of permits and licenses required for the work and (d) correlate his observations, investigations,

and determinations with the requirements of the e-Tender Documents, site & subsoil investigation.

B. The e-tender is invited on ……% rate tender and contractor shall have to quote his price on%

bases above or below in the given online Price Bid. To qualify for this work , Information asked

(Vol –I ) in the appendix A to I & work program with methodology of work is compulsory.

Without sufficient information tender will liable to be rejected.

C. The following which comprises Contract Documents at a price of Rs.23500/- e-Tender

Volume – I ( Information to Tenderer & General Conditions of Contract )

a. Notice inviting Tenderer.

b. Introduction about the project & Information to the Tenderer.

d. Instructions to Tenderer.

e. General conditions of contract

Volume – II ( Detailed Technical Specifications)

f. Detailed Technical specifications

Volume – III ( Financial Bid/ Price Bid)

g. Bid Form (With Price)

h. Material schedule ( Schedule – A )

General Specifications

1. General note & site description.

3. Scope of Contract.

4. e-Tender price.

5. Completion Schedule.

6. Site investigation.

7. Contractor’s responsibility.

9. Quality Assurance.

10. Classification of Strata.

D. Copy of the e-Tender Document should be completed, checked in a responsible manner, digitally

signed, and submitted. Tender security Bond shall be submitted in person by the stipulate date, which

shall form the part of e-Tender.

The e-Tender is required to complete with all the pages in which entries are required to be made by

the Tenderer are contained in the e-Tender documents and the Tenderer shall not take out or add to or

amend the text of any of the documents except in so far as may be necessary to comply with any

addenda issued pursuant to Clause IT. 16 hereof.

IT 7. EARNEST MONEY DEPOSIT:

Each Tenderer must submit a receipt of deposit as Tender guarantee towards Earnest money

amounting to Rs. 31,898.00/- in the form of crossed Demand Draft in favor of "Morbi Municipal

Corporation", from any Nationalized Bank or Scheduled bank (except Co-operative Bank) in India

acceptable to owner payable at Morbi. The Tender Bond, shall be valid for a period of not less than

120 (One hundred and Twenty) days from the last date of opening of Technical Bid and shall

comply with the requirements for Bond as stipulated in the General conditions of contract. The

Tender guarantee bond will be held by the owner as a guarantee that the Tenderer, if awarded the

contract, will enter into the contract agreement in good faith and furnish the required bonds. Any e-

Tender not accompanied by a Tender guarantee in the form of earnest money deposited for the sum

stipulated in the e-Tender Document will be summarily rejected.

A. The Earnest Money Deposit will be refunded to the unsuccessful Tenderers after an award has

been finalized.

B. The Earnest Money Deposit (Tender Guarantee) will be forfeited in the event, the successful

Tenderer fails to accept the contract and fails to submit the “Performance Guarantee Bonds to

the Owner as stipulated in these e-Tender documents within 10(Ten) days. 10(Ten) days after

receipt of notice of award of contract.

C. The Earnest Money Deposit of the successful Tenderer shall be returned after the performance

guarantee bond, as required, is furnished by the contractor.

D. No interest shall be paid by the owner on any e-Tender guarantee.

IT 8. INCOME TAX CLEARANCE CERTIFICATE (DELETED)

Latest Income Tax Clearance Certificates must accompany with the tender without which the tender

is liable to be summarily rejected. The Income Tax Clearance Certificate obtained from the Income

Tax Officer shall clearly indicate the Income Tax Pan No/Circle/Ward, District and the reference

number of the assessment along with the assessment year.

IT 9. PREPARATION OF e-TENDER DOCUMENTS

Tenderers are required to note the following while preparing the e-Tender Documents:

A. e-Tender shall be submitted on the e-TENDER form bound here in English. All statements

shall be properly filled in. Numbers shall be stated both in words and in figures where so

B. All entries or prices and arithmetic shall be checked before submission of the e-TENDERs.

If there is discrepancy between the rates quoted in figures and in words, the rates expressed

in words shall be considered as binding.

C. Each e-Tender shall be accompanied by the prescribed e-Tender security bond and other

required documents and drawings. All witnesses and sureties shall be persons of status and

probity and their full names, occupations and addresses shall be stated below their signature.

D. Variation to the contract Documents requested by the Tenderer may be affixed and duly

signed and stamped. Such variations may be approved or refused by the Corporation is not

obliged to give reason for his decisions.

E. Submission of e-tenders shall comply with the notice inviting e-tenders as to place, date and

time. E-Tenders and tender security shall be enclose with the e-tender documents and shall be

IT 10. SUBMISSION OF e-TENDER DOCUMENTS

Bidders are requested to submit the Documents physically as per Appendix-A to K including

I. e-TENDER security bond ( Earnest Money )

II. Certificates as registered contractor with Government of Gujarat or appropriate authority.

III. Tenderer ’s financial capability and standing over at least past three years

V. Tenderer’s experience in the field relevant to this contract.

VI. A list of the equipment the Tenderer possesses and that which he proposed to acquire and use

for the purpose related to the work.

VII. Tenderer should submit All the drawings which they have received along with e-

VIII. Construction work plan showing activities & time schedule shall be compulsory.

The time limit for receipt of e-Tender shall strictly apply in all cases. The Tenderers should therefore

ensure that their e-Tender is received by the competent authority The Morbi Municipal Corporation

at the required electronically before expiry of the time limit. No delay on account of any cause for

receipt of e-Tender shall be entertained. Physical submission of required documents for this Tender

received after the time limit is over will not be accepted

The e-Tender must contain the name address and residence and place of business of the person or

persons submitting the e-Tender and must be digitally signed.

e-TENDERs by partnership firm must be furnished with the full names and addresses of all partners

and be signed by one of the members of the partnership or by a legally authorized representative

holding power of attorney followed by signature and designation of the person of person signing.

e-TENDERs by corporations/companies must be signed with the legal name of the

Corporation/Companies by the president/or by the secretary or other person or persons legally

authorized to bind the Corporation/Company in the matter.

IT 11. e-TENDER VALIDITY PERIOD

The validity period of the e-Tender submitted for this work shall be of 120 (One hundred and

Twenty)days from the last date of opening of Technical Bid and that the Tenderer shall not be

allowed to withdraw or modify the e-Tender offer on his own during the validity period. The

Tenderer will not be allowed to withdrawn the e-Tender or make any modifications or Additional in

the terms and conditions on his own e-Tender. If this is done then the owner shall, without prejudice

to any other right or remedy, be at liberty to reject the e-Tender and forfeit the earnest money deposit

IT 12. GENERAL PERFORMANCE DATA

Tenderers shall present all the information which sought for in the e-tender document in form of

various schedules if given. E-Tenders may not be considered if every ‘Blank’ and the schedules are

not properly filled in .

IT 13. SIGNING OF e-TENDER DOCUMENTS

If the e-Tender is made by an individual it shall be signed with his full name above his current address.

If the e-Tender is made by a proprietary firm, it shall be signed by the proprietor above his name and

the name of his firm with his current address.

If the e-Tender is made by a firm in partnership, it shall be signed by all the partners of the firm above

their full names and current address, or by a partner holding the power of attorney for the firm, in

which case a certified copy of the power of attorney shall accompany the e-TENDER. A certified copy

of the partnership deed, current addresses of all the partners of the firm shall also accompany the e-

If the e-Tender is made by a limited company or a limited corporation, it shall be signed by a duly

authorized person holding the power of attorney, shall accompany the e-Tender. Such limited company

or corporation may be required to furnish satisfactory evidence of its existence before the contract is

If the e-TENDER is made by a group of firms, the sponsoring firm shall submit complete information

pertaining to each firms in the group and state along with the bid as to which of the firms shall have

the responsibility for e-Tendering and for completion of the contract documents and furnish evidence

admissible in law in respect of the authority to such firms on behalf of the group of firms for e-

Tendering and for completion of contract documents. The full information and satisfactory evidence

pertaining to the participation of each member of the group of firms in the e-Tender shall be furnished

along with the e-Tender.

All witnesses and sureties shall be persons of status and probity and their full names, occupations and

addresses shall be stared below their signatures. All the signatures in the e-Tender document shall be

IT 14. WITHDRAWAL OF e-TENDERS

If, during the tender validity period, the Tenderer withdraws his Tender, Tender security (Earnest

Money) shall be forfeited and Tenderer will be debarred for next three years to quote in M.M.C.

Corporation will send his name for black list to the concerned authorities of the Government.

IT 15. INTERPRETATIONS OF e-TENDER DOCUMENTS

Tenderers shall carefully examine the e-TENDER Document and fully inform themselves as to all the

conditions and matters which may in any way affect the work or the cost thereof. If a Tenderer finds

discrepancies, or omission from the specifications or other documents or should be in doubt as to their

meaning, he should at once address quarry to the City Engineer, M.M.C. The result of interpretation

of the e-TENDER will be issued to all Tenderers as addendum.

IT 16. ERRORS AND DISCREPANCIES IN e-TENDERS

In case of conflict between the figures and words in the rates the rate expressed in words shall prevail

and apply in such cases.

IT 17. MODIFICATION OF DOCUMENTS

Modification of specifications and extension of the closing date of the e-Tender, if required will be

made by an addendum. Each addendum will be made available online to all Tenderers. These shall

form a part of e-Tender. The Tenderer shall not add to or amend the text of any of the documents

except in so far as may be necessary to comply with any addendum.

Addenda form part of the Contract Documents, and full consideration shall be given to all Addenda in

the preparation of e-Tender. Tenderers shall verify the number of Addenda issued, if any and

acknowledge the receipt of all Addenda in the e-TENDER Failure to so acknowledge may cause the

e-Tender to be rejected.

A. The Owner may issue Addenda to advise Tenderers of changed requirements. Such addenda

may modify previously issued Addenda.

B. No addendum may be issued after the time stated in the notice inviting e-Tenders.

IT 18. TAX AND DUTIES ON MATERIALS

All charge on account of excise duties, Central / State, sales tax, work contract tax and other duties

etc. on materials obtained for the works from any source shall be borne by the contractors. No (P) or

‘C’ or ‘D’ form shall be supplied.

IT 19. EVALUATION OF e-TENDERS

While comparing e-Tenders, the Morbi Municipal Corporation shall consider factors like price offer

is workable with the market price, efficiency and reliability of construction method proposed,

compliance with the specifications, relative quality, work done in past with Morbi Municipal

Corporation or other Government Organizations, litigation issues etc. Evaluation criteria specifically

mentioned in the specification will also be taken into consideration in the evaluation of e-Tenders.

IT 20. TIME REQUIRED FOR COMPLETION

The completion period mentioned in this schedule is to be reckoned from the date of notice to proceed.

Total completion period as prescribed in tender document is inclusive of testing period from the date

of issue of notice to proceed and contractor should adhere to this completion time.

IT 21. POLICY FOR e-TENDER UNDER CONSIDERATION

e-TENDER shall be termed to be under consideration from the opening of the e-Tender until such

time any official announcement or award is made.

While e-Tenders are under consideration, Tenderers and their representative or other interested parties

are advised to refrain from contacting by any means any corporations personnel or representatives on

matters related to the e-Tenders under study. The Corporation’s representatives if necessary will obtain

clarification on e-Tenders by requesting such information from any or all the Tenderers, either in

writing or through personal contact, as may be necessary. The Tenderer will not be permitted to change

the substance of his e-Tender after e-Tenders have been opened. This includes any post Tender price

revision. Non-compliance with his provision shall make the Tender liable for rejection.

IT 22. PRICES AND PAYMENTS

The Bidder must understand clearly that the prices quoted are for the total works or the part of the total

works quoted for and include all costs due to materials, labour, equipment, supervision, other services,

royalties, taxes etc. and to include all extra to cover the cost. No claim for Additional payment beyond

the prices quoted will be entertained and the Bidder will not been titled subsequently to make any

claim on any ground.

IT 23. PAYMENT TERMS

The terms of payment are defined in the General Conditions of Contract and Technical specifications.

The Corporation shall not under any circumstances relax these terms of payment and will not consider

any alternative payment terms. Tenderers should therefore in their own interest note this provision to

avoid rejection of their e-Tenders.

Award of the contract or the rejection or e-TENDERs will be made during the Tender validity period.

on % (percentage) basis below or above in the given Price Bid. Contractor shall quote it in words

also. If any difference is found in numerical figure and words, lowest value out of both shall be

considered as final quoted price and lowest un conditional tender prize will be awarded as the

lowest successful bidder.

A. After all contract contingencies are satisfied and the Notice of Award is issued, the successful

Tenderer shall execute the Contract Agreement within the time stated and shall furnish the

Bond as required herein. The contract Agreement shall be executed, in form stipulated by the

B. If the Tenderer receiving the Notice of Award fails or refuses to execute the Contract

Agreement within the stated time limit or fails or refuses to furnish the Bond as required

herein. The Owner may annul his award and declare the e-Tender security forfeited and will

take-action as deemed fit.

C. A corporation, partnership firm or other consortium acting as the Tenderer and receiving the

award shall furnish evidence of its existence and evidence that the officer signing the contract

agreement and Bonds for the corporation, partnership firm or other consortium acting as the

Tenderer is duly authorized to do so.

IT 25. SIGNING OF CONTRACT

The successful Tenderer shall be required to execute the contract agreement within 10 days of receipt

of intimation to execute the contract, failing which the Corporation will be entitled annul to the award

and forfeit the Earnest Money Deposit. The person to sign the contract document shall be person as

detailed in Article IT. 12 (signing of e-Tender documents).

IT 26. DISQUALIFICATION

A e-tender shall be disqualified and will not be taken for consideration if,

(a) The envelope does not show on the outside the reference of bid and thus gets opened before the

due date of opening (as per Article IT 10 i.e. submission of tender document).

(b) The e-tender Security Deposit is not deposited in full and in the manner as specified as per Article

IT. 7 i.e. Earnest Money Deposit.

(c) The e-tender is in a language other than English or does not contain its English Translation in case

of other language adopted for tender preparation.

(d) The e-tender documents are not signed by an authorized person (as per Article IT. 13 i.e. signing

of tender documents).

(e) The general performance data for qualification is not submitted fully (as per Article IT 12 i.e.

General performance Data).

(f) Tenderer does not agree to payment terms defined as per Article IT. 23 i.e. payment terms.

A. e-tender may further be disqualified if,

(a) Price variation is proposed by the Tenderer on any principle other than those provided in the e-

Tender Documents.

(b) Completion schedule offered is not consistent with the completion schedule defined and specified

in tender document.

(c) The validity of e-tender is less than that mentioned in Article IT. 11 i.e. e-tender validity period.

(d) Any of the page or pages of e-tender is/are removed or replaced.

(e) All corrections or posted slips are not initiated by Tenderer.

(f) Any erasure is made in the e-tender.

(g) Any condition which effect the cost.

IT 27. SECURITY DEPOSIT / PERFORMANCE GUARANTEE

As a contract security the Tenderer to whom the award is made shall furnish a performance guarantee

(Security deposit) for the amount of 5% of the contract price to guarantee the faithful performance,

completion and maintenance of the works of the contract in accordance with all conditions and terms

specified herein and to the satisfaction of the Engineer-in-charge and ensuring the discharge of all

obligations arising from the execution of contract in the forms mentioned below:

5% of the contract value in the form of bank guarantee or FDR.

• If the contract price offered by the selected bidder is lower than 10% but up to 20% of

the Estimated Project Cost than the Additional performance security shall be calculated

at 20% of the difference in the estimated project cost minus 10% of the Estimated Project

Cost and contract price offered by the selected bidder.

• If the contract price offered by the selected bidder is lower than 20% of the Estimated

Project Cost than the Additional performance security shall be calculated at 30% of the

difference in the estimated project cost minus 10% of the Estimated Project Cost and

contract price offered by the selected bidder.

• The Additional performance security shall be treated as part of the performance security.

• The performance security shall be valid beyond 60 (sixty) days of the defect liability

period and the Additional performance security shall be valid beyond 28 (Twenty Eight)

days of project completion date.

• Final SD will be calculated on the time of final bill i.e. actual completion amount.

a. By a Demand Draft on the Morbi Branch of any Nationalized Bank or Scheduled Bank

(except co-operative bank) in favour of the "MORBI MUNICIPAL CORPORATION",

b. A Fixed Deposit Receipt of a Nationalized Bank or Schedule Bank (except co-operative

bank) duly endorsed in favour of the "MORBI MUNICIPAL CORPORATION",

c. Irrevocable and unconditional Bank Guarantee of Equivalent amount of any

Nationalized Bank or Schedule Bank (except Co-operative Bank.)

The performance guarantee shall be delivered to the Corporation within 10 (ten) days of the notice of

award and at least 3 (three) days before the contract agreement is signed unless otherwise specified by

the Engineer-in-charge. Alternatively, the contractor may at his option deposit an amount of 2.5% of

the value of the contract price within 10 (ten) days and the balance 2.5% to be recovered in installments

through deduction @ the rate of 10% from the running account bills.

On due performance and completion of the contract in all respects, THE PERFORMANCE GUARANTEE

WILL BE RETURNED TO THE CONTRACTOR WITHOUT ANY INTEREST AFTER THE DEFECT LIABILITY

PERIOD IS OVER.

IT 28. STAMP DUTY

The successful Tenderer shall have to enter into an agreement on a non-judicial stamp paper of as per

Stamp Duty Act as per the form of the agreement approved by the Corporation. The cost of stamp

paper and adhesive stamp shall be borne by the contractor.

IT 29. BRAND NAMES

Specific reference in the specifications to any material by manufacturer’s name, or catalogue shall be

constructed as establishing a standard or quality and performance and not as limiting competition and

the Tenderer in such cases, may at his option freely use only other product, provided that it ensures an

equal of higher quality than the standard mentioned and meets Corporation approval.

IT 30. NON TRANSFERABLE

e-Tender documents are not transferable.

IT 31. COST OF e-TENDERING

The owner will not defray expense incurred by Tenderers in e-tendering.

IT 32. EFFECT OF e-TENDER

The e-Tender for the work shall remain for a period of 120(one twenty) calendar days from the last

date of opening of Technical Bid for this work and that the Tenderer shall not be allowed to withdraw

or modify the offer in his own during the period. If any Tenderer withdraws or makes any modification

or Additions in the terms and conditions of his own e-Tender, then the Corporation shall, without

prejudice to any other right or remedy, be at liberty to reject the e-Tender and forfeit the earnest money

IT 33. CHANGE IN QUANTITY

The Corporation reserves the right to waive any information in any e-Tender and to reject one or all

e-Tenders without assigning any reasons for such rejection and also to vary the quantities of items or

group as specified in the scheduled of prices as may be necessary.

IT 34. NEW EQUIPMENT AND MATERIAL

All materials, equipment and spare parts thereof shall be new, unused and originally coming from

manufacturer’s plant to the Corporation. The rebuilt or overhauled equipment/materials will not be

allowed to be used on works.

IT. 35 RIGHTS RESERVED

The owner reserves the right to reject any or all e-Tenders, to waive any informality or irregularity in

any e-Tender without assigning any reason. The owner further reserves the right to withhold issuance

of the notice to proceed, even after execution of the contract agreement. No payment will be made to

the successful Tenderer on account of such withholding. The owner is not obliged to give reasons for

any such action.

IT 36. ADDITIONAL RIGHTS RESERVED

The Commissioner, Morbi Municipal Corporation, reserves right to reduce the scope of work & split

the e-Tender on two or more parts without assigning any reason even after the awards of contract.

IT 37. MOBILIZATION ADVANCE

No mobilization advance or No advance on machinery will be given.

IT 38. CONDITIONAL e-TENDERS

The scope of work is clearly mentioned in the e-Tender documents. The contractor shall have to carry

out the work in accordance with the details specifications. No condition will be accepted. The

conditional e-Tender will liable to be rejected.

IT 39. 1% CESS & REGISTRATION:

For the welfare of labour working under construction Industry, the agency shall have to take the

registration with competent authority as per Circular No.CWA/2004/841/M-3 dated 30-01-2006 of

Government of Gujarat. Morbi Municipal Corporation will deduct 1% Cess of the value of work and

will deposit the same in Government.

IT 40. PROFESSIONAL TAX

The bidder shall have to pay the Professional Tax for current financial year imposed by Government

of Gujarat, and also produced Enrollment Certificate for the same.

IT 41. P. F. Code & P. F.

The contractor shall have to avail P F Code as per the prevailing Circular of Government for the

employees on work. The contractor will be wholely responsible for payment of P.F. every month for

the employees on work, which will bind to the contractor. Also, it will be the responsibility of the

contractor to submit the required documents every month to the competent authority.

IT 42. AGREEMENT/ MOU WITH PIPE MANUFACTURERS :

Whenever manufacturer is separate and contractor for lowering, laying, joining and testing is

separate, the principal contractor shall enter in to an agreement with DI pipe & Fittings/Specials

manufacturer for satisfactory manufacturing, transporting, lowering, laying, jointing and testing of

IT 43. ESI REGISTRATION:

The contractors who are liable to be registered under ESI Act must possess ESI registration number at

the time of filling of tender. The agency should follow all the rules and regulations of ESI Act as per

prevailing norms.

IT 44. LABOUR LICENSE:

The contractors who are liable to be registered under Contract Labour Act, 1970 must possess online

Labour License at the time of filling of tender. The agency

should follow all the rules and regulations of the Act as prevailing currently.

IT 45. FILLING OF e-TENDER

The bidder shall have to fill all the details required in on-line bidding form of e- Tender. Incomplete

OR inappropriate OR wrong information filled may cause the e- Tender to be rejected.

Addl. Asst. Engineer Dy. Executive Engineer City Engineer

Morbi Muni. Corporation Morbi Muni. Corporation Morbi Muni. Corporation

Signature of Contractor

7 GENERAL CONDITIONS OF CONTRACT

GC-01 DEFINITION AND INTERPRETATION

GC-02 LOCATION OF SITE AND ACCESSIBILITY

GC-03 SCOPE OF WORK

GC-04 RULLING LANGUAGE

GC-05 INTERPRETATION OF CONTRACT DOCUMENTS

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY

GC-07 ERROS IN SUBMISSION

GC-08 SUFFICIENCY OF TENDER

GC-09 DISCREPANCIES

GC-10 PERFORMANCE GUARANTEE (SECURITY DEPOSIT )

GC-11 INSPECTION OF WORK

GC-12 DEFECT LIABILITY

GC-13 POWER OF ENGINEER-IN-CHARGE TO GIVE FURTHER INSTRUCTIONS

GC-14 PROGRAMME

GC-15 SUBLETTING OF WORK

GC-16 SUB-CONTRACTOR FOR TEMPORARY WORKS,ETC.

GC-17 TIME FOR COMPLETION

GC-18 EXTENSION OF TIME

GC-19 CONTRACT AGREEMENT

GC-20 LIQUIDATE DAMAGES

GC-21 FORFETURE OF SECURITY DEPOSIT

GC-22 ACTION OF FORFETURE OF SECURITY DEPOSIT

GC-23 NO COMPENSATION FOR ALTERATION IN RESTRICTION IN WORK

GC-24 IN THE EVENT OF DEATH OF CONTRACTOR

GC-25 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE

GC-26 OWNER NOT BOUND BY PERSONAL REPRESENTATION

GC-27 CONTRACTOR’S OFFICE AT SITE

GC-28 CONTRACTOR’S SUBORDINATE STAFF AND THIER CONDUCT

GC-29 TERMINATION OF SUBCONTRACT BY OWNER

GC-30 POWER OF ENTRY

GC-31 CONTRACTOR’S RESPONSIBILITY WITH THE OTHER CONTRACTOR

GC-32 OTHER AGENCIES AT SITE

GC-34 RIGHTS OF VARIOUS INTERESTS

GC-35 PRICE ADJUSTMENTS

GC-36 TERMS OF PAYMENT

GC-37 RETENTION MONEY

GC-38 PAYMENTS DUE FROM THE CONTACTOR

GC-39 CONTINGENT FEE

GC-40 BREACH OF CONTRACT BY CONTRACTOR

GC-41 DEFAULT OF CONTRACTOR

GC-42 BANKRUPTCY

GC-43 OWNERSHIP

GC-44 DECLARATION AGAINST WAIVER

GC-45 LAWS GOVERNING THE CONTRACT

GC-46 OVERPAYMENT AND UNDERPAYMENT

GC-47 SETTLEMENT OF DISPUTES

GC-48 DISPUTES OF DIFFERENCES TO BE REFERRED TO

GC-49 ARBITRATION

GC-50 TERMINATION OF THE CONTRACT

GC-51 SPECIAL RISKS

GC-52 CHANGE IN CONSTITUTION

GC-53 SUB-CONTRACTUAL RELATIONS

GC-54 PATENTS AND ROYALTIES

GC-56 EXECUTION OF WORK

GC-57 WORK IN MONSOON

GC-58 WORK ON SUNDAYS AND HOLYDAYS

GC-59 GENERAL CONDITIONS FOR CONSTRUCTION WORK

GC-60 DRAWINGS TO BE SUPPLIED BY THE OWNER

GC-61 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR

GC-62 SETTING OUT WORK

GC-63 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTNESS OF WORK

GC-64 MATERIALS TO BE SUPPLIED BY THE OWNER

GC-65 CONDITIONS OF ISSUE OF MATERIALS BY THE OWNER

GC-66 MATERIALS PROCURED WITH ASSISTANCE OF THE OWNER

GC-67 MATERIALS OBTAINED FROM DISMANTLING

GC-68 ARTICLE OF VALUE OF TREASURE FOUND DURING THE CONSTRUCTION

GC-69 DISCREPANCIES BETWEEN INSTRUCTIONS

GC-70 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK

GC-71 ACTION WHEN NO SPECIFICATIONS IS ISSUED

GC-72 ABNORMAL RATES

GC-73 ASSISTANCE TO ENGINEER-IN-CHARGE

GC-74 TESTS FOR QUALITY OF WORK

GC-75 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP

GC-76 SUSPENSION WORK

GC-77 OWNER MAY DO PART OF THE WORK

GC-78 POSSESSION PRIOR TO COMPLETION

GC-79 COMPLETION CERTIFICATE

GC-80 SCHEDULE OF RATES

GC-81 PROCEDURE FOR MEASURMENT OF WORK ROGRESS

GC-82 RUNNING ACCOUNT PAYMENT TO BE REGARDED AS ADVANCES

GC-83 NOTICE FOR CLAIM FOR ADDITIONAL PAYMENT

GC-84 PAYMENT OF CONTRACTOR’S BILL

GC-85 FINAL BILL

GC-86 RECEIPT FOR PAYMENT

GC-87 COMPLETION CERTIFICATE

GC-88 TAXES, DUTIES ETC.

GC-89 INSURANCE

GC-90 DAMAGE TO PROPERTY

GC-91 CONTRACTOR TO INDEMNIFY OWNER

GC-92 PAYMENTS OF CLAIMS AND DAMAGES

GC-93 IMPLEMENTATION OF APPRENTICE ACT

GC-94 HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

GC-95 SAFETY CODE

GC-96 ACCIDENTS

GENERAL CONDITIONS OF CONTRACT

GC.01 DEFINITION AND INTERPRETATION

1.0 In the contract (as hereinafter defined) the following words and expressions shall, unless

repugnant to the subject or context thereof, have the following means as signed to them.

1.1 The "Owner / Corporation" shall mean Morbi Municipal Corporation and shall include its

Municipal Commissioner or other Officers authorized by the Corporation and also include owner's

successors and assignees.

1.2 The "Contractor" shall mean the person or the persons, firm or Company whose e-Tender

has been accepted by the Owner and includes the Contractors legal representative, his successors and

permitted assigned.

1.2.1 “Consultant” shall mean “Consultant” means a person or a firm appointed by the Employer’s

representative for the inspection of the material, equipment and Works to ensure the quality of the

1.3 The "Engineer-In-Charge" shall mean the person designated as such by the owner from time

to time and shall include those who are expressly authorized by the Corporation to act for and on its

behalf for all functions pertaining to the operation of this contract.

1.4 Engineer-In-Charge's Representative shall mean any resident Engineer or Assistant to the

Engineer-In-Charge appointed from time to time by the owner to perform duties set forth in the e-

TENDER Document whose authority shall be notified in writing to the Contractor by the Engineer-

1.5 "e-TENDER" – the offer or proposal of the Tenderer submitted in the prescribed form setting

for the prices for the work to be performed, and the details thereof.

1.6 "Contract Price" shall mean total money payable to the Contractor under the contract.

1.7 "Addenda" shall mean the written or graphic notices issued prior to submission of e-Tender

which modify or interpret the contract documents.

1.8 "Contract Time" – the time specified for the completion of work.

1.9 "Contract" shall mean agreement between the parties for the execution of works including

therein all contract documents.

1.10 "Contract Document" shall mean collectively the e-Tender documents, designs, drawings,

specifications, agreed variations, if any and such other documents constituting the e-Tender and

acceptance thereof.

1.11 "The Sub-Contractor" shall mean any person, firm or company (other than the Contractor)

to whom any part of the work has been entrusted by the Contractor with the written consent of the

Engineer-In-Charge and the legal representative successors and permitted assignee of such person,

firm or company.

1.12 The "Specifications" shall mean all directions, the various Technical Specifications,

provisions and requirements attached to the contract which pertains to the method and manner of

performing the work, to the quantities and qualities of the work and the materials to be furnished under

the contract for the work and any order(s) or instruction(s) there under. It shall also mean the latest

Bureau of Indian standard Specification relative to the particular work or part thereof, so far as they

are not contrary to the e-TENDER specifications and in absence of any other Country applied in Indian

as a matter of standard engineering practice and approved in writing by the Engineer-In-Charge with

or without modification.

1.13 The "Drawings" shall include maps, plans, tracings, or prints thereof with any modification

approved in writing by the Engineer-In-Charge and as such other drawings as may, from time to time,

be furnished or approved in writing by the Engineer-In-Charge in connection with the work.

1.14 The "Work" shall mean the works to be executed in accordance with the contract or the part

thereof as the case may be and shall include extra, Additional , altered or substituted works as required

for the purpose of the contract. It shall mean the totality of the work by expression or implication

envisaged in the contract and shall include all materials, equipment and labour required for or relative

or incidental to or in connection with the commencement, performance and completion of any work

and / or incorporation in the work.

1.16 The "Permanent Work" shall mean works which will be incorporated in and form part of

the work to be handed over to the owner by the Contractor on completion of the contract.

1.17 The "Temporary Work" shall mean all temporary works of every kind required in or about

the execution, completion and maintenance of the work.

1.18 "Site" shall mean the land and other places, on, under, in or through which the permanent

works are to be carried out and any other lands or places provided by the Corporation for the purpose

of the contract together with any other places designated in the contract as forming part of the site.

1.19 The "Construction Equipment" shall mean all appliances / equipment of whatever nature

required in or for execution, completion or maintenance of works or temporary works (as herein before

defined) but does not include materials or other things intended to form or forming part of the

permanent work.

1.20 "Notice in writing or written Notice" shall mean a notice written, typed or in printed form

delivered personally or sent by Registered Post to the last known private or business address or

Registered Office of the Contractor and shall be deemed to have been received in the ordinary course

of post it would have been delivered.

1.21 The "Alteration / variation order" shall mean an order given in writing by the Engineer-In-

Charge to effect Additional or deletions from or alterations in the work.

1.22 "Final Test Certificate" shall mean the final test certificate issued by the owner within the

provisions of the contract.

1.23 The "Completion Certificate" shall mean the certificate to be issued by the Engineer-In-

Charge when the work has been completed and tested to his satisfaction.

1.24 The "Final Certificate" shall mean the final certificate issued by the Engineer-In-Charge

after the period of defects liability is over and the work is finally accepted by the owner.

1.25 "Defects Liability Period" shall mean the specified period between the issue of Completion

Certificate and the issue of final certificate during which the Contractor is responsible for rectifying

all defects that may appear in the works.

1.26 "Approved" shall mean approved in writing including subsequent confirmation in writing of

previous verbal approval and "Approval" means approved in writing including as aforesaid.

1.27 "Letter of Acceptance" shall mean intimation by a letter to Tenderer that his e-Tender has

been accepted in accordance with the provisions contained therein.

1.28 "Order" and "Instructions" shall respectively mean any written order or instruction given

by the Engineer-In-Charge within the scope of his powers in terms of the contract.

1.29 "Running Account Bill" shall mean a bill for the payment of "On Account" money to the

Contractor during the progress of work on the basis of work done and the supply of non-perishable

materials to be incorporated in the work.

1.30 "Security Deposit" shall mean the deposit to be held by the owner as security for the due

performance of the contractual obligations.

1.31 The "Appointing Authority" for the purpose of Arbitration shall be the Municipal

Commissioner, Morbi Municipal Corporation.

1.32. "Retention Money" shall mean the money retained from R.A.Bills for the due completion of

the "LET WORS".

1.33 Unless otherwise specifically stated, the masculine gender shall include the feminine and

neuter genders and vice-versa and the singular shall include the plural and vice-versa.

GC.02 LOCATION OF SITE AND ACCESSIBILITY

Bid Documents for AUGMENTATION & UPGRADATION WORK OF SEWERAGE

PUMPING STATION (SPS) LOCATED AT MAHENDRAGHAT, MANIMANDIR &

RAVAPAR AREAS OF MORBI CITY

In that execution shall be needed to do at below mentioned location.

The work involves the Augmentation of Existing sewage pumping stations at Mahendraghat, Ravapar

and Manimandir, including all associated activities such as:

• Proper survey and drawing preparation for augmentation as per approved drawings and site

• Provide RCC Channel and Chamber at all 3 Sewage pumping stations to fix screen at Sewage

pumping station inlet along with all associated civil and mechanical work

• Jointing of pipes using suitable mechanical joints/rubber gaskets as per manufacturer’s

• Hydraulic testing of the pipeline to the specified pressure

• Commissioning of the completed pipeline network

• Providing house service connections, including tapping, ferrules, service pipes, and meters as

per municipal norms

• Restoration of existing sewage pumping stations all required and necessary items.

All work shall be executed as per relevant IS codes, CPHEEO guidelines, and Morbi Municipal

Corporation specifications and as per instruction of Engineer-In-Charge

GC.03 SCOPE OF WORK

The scope of work is defined broadly in the General and special conditions of contract and technical

specifications. The Contractor shall supply Mechanical- Manual Box type screen for Sewage pumping

station inlet along with all necessary construction materials, equipment and labour etc. for the

execution and maintenance of the work till completion and commissioning with all associated civil,

mechanical and electrical work with repairing and touching finishing work as directed by engineering

in charge. All material that goes with the work shall be approved by the Engineer-in-charge prior to

procurement and use. Given Work will be carried out in Existing structures so agency needs to repair

and restore every damages done while working and after the completion of project with out any extra

The Contractor shall make his own arrangement for Power Supply during construction.

LAND FOR CONTRACTOR’S FIELD OFFICE, GODOWN, ETC.

Owner will not be in a position to provide land required for Contractor’s field office, go down, etc.

The Contractor shall have to make his own arrangement for the same.

GC.04 RULING LANGUAGE

The language according to which the contract shall be construed and interpreted shall be English. All

entries in the contract document and all correspondence between the contractor and the Corporation

or the Engineer-In-Charge shall be in English/Gujarati. All dimensions for the materials shall be given

in metric units only. A reasonable proportion of the contractor's superintending staff shall have a

working knowledge of Gujarati and/or Hindi language or the contractor shall have sufficient

competent interpreters available for communications.

GC.05 INTERPRETATION OF CONTRACT DOCUMENTS

1. The provision of the General Conditions of Contract and Special Conditions of Contract shall

prevail over those of any other documents of the contract unless specifically provided otherwise,

should have there be any discrepancy, inconsistency, error or omission in the several documents

forming the contract, the matter may be referred to the Engineer-In-Charge for his instructions and

decision. The Engineer-In-Charge's decision in such case shall be final and binding to the Contractor.

2. Works shown upon the drawings but not described in the specifications or described in the

specifications without showing on the drawings shall be taken as described in the specifications and

shown on the drawings.

3.The headings and the marginal notes to the clause of these General Conditions of Contract or to the

specifications or to any other part of e-Tender documents are solely for the purpose of giving a concise

indication and not a summary of contents thereof. They shall never be deemed to be part thereof or

be used in the interpretation or construction of the contract.

4.Unless otherwise states specifically, in this contract documents the singular shall include the plural

and vice-versa wherever the context so requires. Works imparting persons shall include relevant

Corporations / Body of individual / firm of partnership.

5.Notwithstanding the sub-division of the documents into separate section and volumes every part of

each shall be supplementary to and complementary of every other part and shall be read with and into

the context so far as it may be practicable to do so.

6.Where any portion of the General Conditions of Contract is repugnant to or at variance with any

provisions of the Special Conditions of Contract, then, unless a different intention appears, the

provisions of the special conditions of contract shall be deemed to over ride the provisions of General

Conditions of Contract to the extent of each repugnancy of variance.

7.The materials, design, and workmanship shall satisfy the relevant ISS, and codes referred to. If

Additional requirements are shown in the specifications, the same shall be satisfied over and above

ISS and other codes.

8.If the specifications mention that the Contractor shall perform certain work or provide certain

facilities, it shall mean that the Contractor shall do so at his own cost.

9. Contractor to Collect His Own Information –

The details given in the e-Tender are arranged making necessary investigations for framing an

estimate. However, when the work is being executed, changes in soil conditions are likely to be met

with in view of the formation of soil, strata in Morbi District. It is, therefore, desirable that the

Contractor makes his own investigations or Additional investigations as may be required for correctly

assessing the cost of different items of work and submit his e-Tender accordingly. Any change in

description or quantity of an item shall not vitiate the contract or release the Contractor from executing

the work comprised in the contract according to the drawings and specifications at the e-Tendered

He is deemed to have know the scope, nature and magnitude of the work and the requirements of

materials and labour involved and as to whatever work he has to complete in accordance with the

contract. The Contractor is expected to visit the site and surroundings to satisfy himself as to the

nature of all existing structures, if any, and also as to the nature and the conditions of railways, roads,

bridges and culverts, means of transport and communications whether by land, air or water and as to

possible interruptions thereto and the access and gross from the site, to have examined and satisfied

himself as to the sites for obtaining sand, stones, bricks and other materials, the site for disposal of

surplus materials, the available accommodation and make such enquiries as may be necessary for

executing and completing the work, to have local enquiries as to the sub-soil, subsoil water and

variation thereof, storDI, prevailing winds, climatic conditions and all other similar matters, effecting

work. He is expected to be familiar with his liability for payment of Government taxes and other

charges etc. in contract with the execution of this contract.

GC.06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY

The Contractor by e-Tendering shall be deemed to have satisfied himself, as to all considerations and

circumstances affecting the e-Tender price, as to the possibility of executing the works as shown and

described in the contract and to have fixed his prices according to his own view on these matters and

to have understood that no Additional allowances except as otherwise expressly provided, will

afterwards be made beyond the contract price. The Contractor shall be responsible for any

misunderstanding or incorrect information, however, obtained.

GC.07 ERRORS IN SUBMISSIONS

The Contractor shall be responsible for any errors or omissions in the particulars supplied by him,

whether such particulars have been approved by the Engineer-In-Charge or not.

GC.08 SUFFICIENCY OF e-TENDER

The Contractor shall be deemed to have satisfied himself before e-Tendering as to the correctness of

the e-Tender rates which rates shall, except as otherwise provides for, cover all the Contractor's

liabilities and obligations set forth or implied in the contract for the proper execution of the work for

compliance with requirements of Article GC-19 thereof.

GC.09 DISCREPANCIES

The drawings and specifications are to be considered as mutually explanatory of each other, detailed

drawings being followed in preference to small-scale drawings and figured dimensions in preference

to scale and special conditions in preference to General Conditions. The special directions or

dimensions given in the specifications shall supersede all else. Should any discrepancies however,

appear or should any misunderstanding arise as to the meaning and intent of the said specifications or

drawings, or as to the dimensions or the quality of the materials or the due and proper execution of the

works, or as to the measurement or quality and valuation of the work executed under this contract or

as extra there upon, the same shall be explained by the Engineer-In-Charge and his explanation shall

be subject to the final decision of the Municipal Corporation in case reference be made to it, be binding

upon the Contractor and the Contractor shall execute the work according to such explanation and

without Additional or to deduction from the contract price and shall also do all such works and things

necessary for the proper completion of the works as implied by the drawings and specifications, even

though such works and things are not specially shown and described in the said specifications. In

cases where no particular specifications are given for any article to be used under the contract, the

relevant specifications of the Indian Standard Institution shall apply.

GC.10 PERFORMANCE GUARANTEE (SECURITY DEPOSIT)

• 5% of the contract value in the form of bank guarantee or FDR.

• If the contract price offered by the selected bidder is lower than 10% but up to 20% of the

Estimated Project Cost than the Additional performance security shall be calculated at 20% of

the difference in the estimated project cost minus 10% of the Estimated Project Cost and

contract price offered by the selected bidder.

• If the contract price offered by the selected bidder is lower than 20% of the Estimated Project

Cost than the Additional performance security shall be calculated at 30% of the difference in

the estimated project cost minus 10% of the Estimated Project Cost and contract price offered

by the selected bidder.

• The Additional performance security shall be treated as part of the performance security.

• The performance security shall be valid beyond 60 days of the defect liability period and the

Additional performance security shall be valid beyond 28 days of project completion date.

• Final SD will be calculated on the time of final bill i.e. actual completion amount.

• Performance guarantee (security deposit) will be released to the contractor without any interest

after defect liability period is over.

• If the Contractor, sub-contractor or their employees shall break, deface or destroy any property

belonging to the owner or other agency during the execution of the contract, the same shall be

made good by the contractor at his own expense and in default thereof, the Engineer-In-Charge

may cause the same to be made good by other agencies and recover expense from the

Contractor (for which the certificate of the Engineer-In-Charge shall be final). These expenses

can be recovered from the security deposit if recovery from other sources is not possible. The

amount as reduced in security deposit will be made good by deduction from the next R A Bill

of the Contractor.

GC.11 INSPECTION OF WORK

1.The Engineer-In-Charge shall have full power and authority to inspect the work at any time wherever

in progress either on the site or at the Contractor's or any other manufacturer's workshop or factories

wherever situated and the Contractor shall afford to Engineer-In-Charge every facility and assistance

to carry out such inspection. Contractor or his authorized representative shall, at all time during the

usual working hours and all times when so notified, remain present to receive orders and instructions.

Orders given to Contractor's representative shall be considered to have the same force as if they had

been given to the Contractor himself. Contractor shall give not less than ten (10) days notice in writing

to the Engineer-In-Charge before covering up or otherwise placing beyond reach of inspection and

measurement any work in order that the same may be inspected and measured. In the event of breach

of the above, the same shall be uncovered at Contractor's expenses for carrying out such inspection or

2.The material shall be dispatched from Contractor's store on site of work after obtaining approval in

writing of the Engineer-In-Charge. Contractor shall provide at all times during the progress of work

and maintenance period of proper means of access with ladders, gangways, etc. and make necessary

arrangement as directed for inspection or measurement of work by Engineer-In-Charge.

3. Agreement shall be made between principal contractor & Pipe manufacturers.

GC.12 DEFECT LIABILITY

1. Contractor shall guarantee the work for a period of 36 (Thirty Six) months from the date of line

put into operation or from the date of issue of Completion Certificate whichever is later. Any damage

or defect that may arise or that may remain undiscovered at the time of issue of Completion Certificate

connected in any way with the equipment or materials supplied by him or in the workmanship shall

be rectified or replaced by Contractor at his own expense as desired by Engineer-In-Charge or in

default Engineer-In-Charge may cause the same to be made good by other agency and deduct expenses

of which the certificate of Engineer-In-Charge shall be final from any suDI that may then or any time

thereafter become due to Contractor or from his security deposit or the proceeds of sale thereof or of

a sufficient portion thereof.

2. From the commencement to completion of work Contractor shall take full responsibility for the care

of the work including all temporary works and in case any damages, occur from any cause whatsoever

he shall at his own cost, repair and make good the same so that on completion, work shall be in good

order and in conformity, in every respect, with the requirements of contract and as per the instructions

of the Engineer-In-Charge.

3.If at any time before the work is taken over, the Engineer-In-Charge –

a) Decide that any work done or materials used by the Contractor are defective or not in

accordance with the contract or that work or any portion thereof is defective or do not fulfill

the requirements of contract (all such materials being herein after called defects in this clause)

he shall, as soon as reasonably practicably, give notice to Contractor in writing of the said

defect specifying particulars of the same then Contractor shall at his own expense and with all

speed make good the defects so specified.

b) In case Contractor fails to do so, owner may take, at the cost of the Contractor, such steps as

may in all circumstances be responsible to make good such defects. The expenditure so

incurred by owner will be recovered from the amount due to Contractor. The decision of

Engineer-In-Charge with regard to the amount to be recovered from Contractor will be final

and binding on the Contractor. During the Defect Liability Period, the Contractor shall, at their

own cost and risk, promptly undertake any necessary repair, replacement, restoration, or

rectification of defects or damages arising from faulty workmanship, materials, or any other

cause attributable to the Contractor.

Failure by the Contractor to carry out such works without undue delay, upon written notice

from the Employer (MMC), shall entitle the Employer to undertake the necessary works

through alternative means. In such an event, all associated costs incurred by the Employer—

including but not limited to repair, restoration, and supervision—shall be recovered from the

Contractor. Additionally, the Employer reserves the right to impose a penalty amounting to

three times the total cost of such works, including supervisory charges, which shall be

recoverable from the Contractor without prejudice to any other rights or remedies available

under the Contract.

GC.13 POWER OF ENGINEER-IN-CHARGE TO GIVE FURTHER INSTRUCTIONS

The Engineer-In-Charge shall have the power and authority from time to time and at all times to give

further instructions and directions as may appear to him necessary or proper for the guidance of the

Contractor and the works and efficient execution of the works according to the terms of the

specifications, and the Contractor shall receive, execute, obey and be bound by the same, according to

the true intent and meaning thereof, as fully and effectively as though the same had accompanied or

had been mentioned or referred to in the specifications. No work which radically changes the original

nature of the contract shall be ordered by the Engineer-In-Charge and in the event of any deviation

being ordered, which in the opinion of the Contractor changes the original nature of the contract, he

shall nevertheless carry it out and any disagreement as to the nature of the work and the rate to be paid

to thereof shall be resolved.

The time of completion of works shall, in the event of any deviations being ordered resulting in

Additional cost or reduction in cost over the contract sum, be extended or reduced reasonably by the

Engineer-In-Charge. The Engineer-In-Charge's decision in the case shall be final and binding.

GC.14 PROGRAMME

The time allowed for execution of works shall be the essence of the contract. The contract period shall

commence from the date of notice of intimation to proceed. The Tenderer at the time of submitting

his e-Tender shall indicate in the construction schedule his programme of execution of work

commencement with the total time specified. The Contractor shall provide the Engineer-In-Charge a

detailed programme of time schedule for execution of the works in accordance with the specifications

and the completion date. The entire programme to be finalized by the Contractor, has to conform to

the execution period mentioned along with the Bill of Quantities in the e-Tender documents. The

Engineer-In-Charge upon scrutiny of such submitted programme by Contractor, shall examine

suitability of it to the requirement of contract and suggest modifications, if found necessary.

GC.15 SUBLETTING OF WORK

No part of the contract nor any share of interest thereon shall in any manner or degree be transferred,

assigned or sublet by the Contractor directly or indirectly to any person, firm or Corporation

whosoever except as provided for in the succeeding sub-clause, without the consent in writing of the

GC.16 SUB-CONTRACTS FOR TEMPORARY WORKS, ETC.

The owner may give written consent to sub-contractors for execution of any part of the works at the

site, being entered upon the contractor provided each individual contract is submitted to the Engineer-

In-Charge before being entered into and is approved by him. List of sub-contractors to be supplied.

Not-withstanding any subletting with such approval as aforesaid and notwithstanding the Engineer-

In-Charge shall have received of any sub-contractors, the Contractor shall be and shall remain solely

responsible for the quality and proper and expeditious execution of the works and the performance of

all the conditions of contract in all respects as if such subletting or subcontracting had not taken place

and as if such works had been done directly by the Contractor.

GC.17 TIME FOR COMPLETION

1.The work covered under this contract shall be commenced from the date the Contractor is served

with a notice to proceed with the work and shall be completed before the date as mentioned in the

time schedule of work. The time is the essence of the contract and unless the same is extended as

mentioned in Clause GC-18 "Extension of Time", the Contractor shall pay liquidated damages for

2.The general time schedule for construction is given in the e-Tender document. Contractor shall

prepare a detailed weekly or monthly construction programme in consultation with the Engineer-In-

Charge soon after the agreement and the work shall be strictly executed accordingly.

3. Monsoon period from 1st July to 30th September shall be considered as non-working period hence

it will be excluded from time limit.

The time for construction includes, the time required for testing, rectifications, if any, retesting and

completion of the work in all respects to the entire satisfaction of the Engineer-In-Charge except the

items which are not coming in the way to commission the project.

GC.18 EXTENSION OF TIME

Time shall be considered as the essence of the contract. If, however, the failure of the Contractor to

complete the work as per the stipulated dates referred to above arises from delays on the part of

Corporation in supplying the materials or equipment, it has undertaken to supply under the contract or

from delays on the quantity of work to be done under the contract, or force majeure an appropriate

extension of time will be given by the Corporation. The Contractor shall request for such extension

within one month of the cause of such delay and in any case before expiry of the contract period.

GC.19 CONTRACT AGREEMENT

The successful Tenderer shall enter into and execute the contract agreement within 15 (fifteen) days

of the notice of award, in the form shown in e-Tender documents with such modifications as may be

necessary in the opinion of the Corporation. It shall be incumbent on the Contractor to pay the stamp

duty and the legal charges for the preparation of the contract agreement.

GC.20 LIQUIDATED DAMAGES

If the Contractor fails to complete the work or designated part thereof within the stipulated completion

date for the work or for the part, he shall pay liquidated damages at 0.1 (zero point one) percent of

contract value for per day of delay subject to maximum of 10% of the contract value or as decided by

Municipal Commissioner.

The Contractor shall complete one-sixth quantum of work within one fourth period, four-tenth

quantum of work within one-half period and eight-tenth quantum of work within three-fourth period,

failing which, the Contractor shall be liable to pay liquidated damages an amount as specified above,

or as decided by Municipal Commissioner.

The amount of liquidated damages shall, however, be subjected to a maximum of 10(Ten) percent of

the contract value.

GC.21 FORFEITURE OF SECURITY DEPOSIT

Whenever any claim against the Contractor for the payment of a sum of money out of or under the

contract arises, the Corporation shall be entitled to recover such sum by appropriating in part or whole,

the security deposit of the Contractor. In case the security deposit is insufficient, the balance

recoverable shall be deducted from any sum then due or which at any time thereafter may become due

to the Contractor. The Contractor shall pay to the owner on demand any balance remaining due.

Also, in case the security deposit is insufficient, the balance recoverable shall be deducted from

security deposit / Bank Guarantee / amount to be paid from the on-going project(s) / work(s) of the

agency with Morbi Municipal Corporation.

GC.22 ACTION OF FORFEITURE OF SECURITY DEPOSIT

In any case in which under any Clause or Clauses of the contract, the Contractor shall committed a

breach of any of the terms contained in this contract, the owner shall have power to adopt any of the

following courses as he may deem best suited to his interest.

a) To rescind the contract (of which recession notice in writing to the contractor under the hand

of the owner shall be conclusive evidence) in which case the security deposit of the Contractor

shall stand forfeited and be absolutely at the disposal of the owner.

b) To employ labour and to supply materials to carry out the balance work debiting Contractor

with the cost of labour employed and the cost of materials supplied for which a certificate of

the Engineer-In-Charge shall be final and conclusive against the Contractor and 10% of costs

on above to cover all departmental charges and crediting him with the value of work done at

the same rates as if it has been carried out by the Contractor under the terms of his contract.

The certificate of Engineer-In-Charge as to the value of the work done shall be final and

conclusive against the Contractor.

c) To measure up the work of the contractor and to take such part thereof as shall be unexecuted

out of his hand and give it to another Contractor to complete, the same. in this case the excess

expenditure incurred than what would have been paid to the original Contractor, if the whole

work had been executed by him, shall be borne and paid by the original Contractor and shall

be deducted from any money due to him by the owner under the contract or otherwise and for

the excess expenditure, the certificate of the Engineer-In-Charge shall be final and conclusive.

In the event any of the above courses being adopted by the owner, the Contractor shall have no claims

for compensation for any loss sustained by him by reason of his having purchased or procured any

materials or entered into any agreements or made any advance on account of or with a view to the

execution of the work or the performance of the contract.

In purchase the Contractor shall not be entitled to recover or be paid any sum for any work actually

performed under this contract unless the Engineer-In-Charge will certify in writing the performance

of such work and the value payable in respect thereof and he shall only be entitled to be paid the value

In the event of the owner putting in force the powers as stated in a, b, c, above vested in him under the

proceeding clause, he may, if he so desires, take possession of all or any tools and plant, materials and

stores in or upon the works or the site thereof belonging to the Contractor, or procured by him and

intended to be used for the execution of the work or any part thereof paying or allowing for the same

in account at the contract rates to be certified by the Engineer-In-Charge. The Engineer-In-Charge

may give notice in writing to the Contractor or his representative requiring him to remove such tools,

plant, materials or stores from the premises within the time specified in the notice and in the event of

the Contractor failing to comply with any such notice, the Engineer-In-Charge may remove them at

the Contractor's expenses or sell them by auction or private sale on account of the Contractor and his

risks in all respects without any further notice as to the date, time or place of the sale and the certificate

of Engineer-In-Charge as to the expense of any such removal and the amount of the proceeds and the

expenses of any such sale shall be final and conclusive against the Contractor.

GC.23 COMPENSATION FOR ALTERATION IN OR RESTRICTION IN WORK

If at any time from the commencement of the work, the owner shall for any reasons whatsoever not

require the whole work or part thereof as specified in the e-Tender to be carried out, the Engineer-In-

Charge shall give notice in writing of the fact to the Contractor, who shall have no claim to any

payment or compensation whatsoever on account of any profit or advantage which he might have

derived from the execution of the work in full but which he did not derive in consequence of full

amount of the work not having been carried out. He also shall not have any claim for compensation

by reasons of any alterations having been made in original specifications, drawings, designs and

instructions which shall involve any curtailment of the work as originally contemplated.

When the Contractor is a partnership firm, the prior approval in writing of the owner shall be obtained

before any change is made in the Constitution of the firm. Where the Contractor is an individual or a

Hindu Undivided Family or business concern, such approval as aforesaid shall, likewise be obtained

before Contractor enters into an agreement with other parties where under, the reconstituted firm

would have the right to carry out the work hereby undertaken by the Contractor. In either case, if prior

approval as aforesaid is not obtained, the contract shall be deemed to have been allotted contravention

of subletting clause hereof and the same action may be taken and the same consequence shall ensure

as provided in the subletting clause.

GC.24 IN THE EVENT OF DEATH OF CONTRACTOR

Without prejudice to any of the rights or remedies under the contract, if the Contractor dies, the owner

shall have the option of terminating the contract without compensation to the Contractor.

GC.25 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE

No official or employee of the owner shall in any way be personally bound or liable for the acts or

obligation of the owner under the contract, or answerable for any default or omission in the observance

or performance of any acts, matters or things, which are herein, contained.

GC.26 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS

The Contractor shall not be entitled to any increase on the schedule of rates or any other rights or

claims whatsoever by reason of representation, promise or guarantees given or alleged to have been

given to him by any person.

GC.27 CONTRACTOR’S OFFICE AT SITE

The Contractor shall provide and maintain an office at the site for the accommodation of his agent and

staff and such office shall remain open at all reasonable hours to receive information, notices or other

communications.

GC.28 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCT

1. The Contractor on award of the work shall name and depute a qualified Engineer having

experience of carrying out work of similar nature, whom equipments, materials, if any, shall be

issued and instructions for work given. the Contractor shall also provide to the satisfaction of

Engineer-In-Charge sufficient and qualified staff, competent sub-agents, foreman and loading

hands including those specially qualified by previous experience to supervise the type of works

comprised in the contract in such manner as will ensure work of the best quality and expeditious

working. If, in the opinion of the Engineer-In-Charge Additional properly qualified supervision

staff is considered necessary, it shall be employed by the Contractor, without Additional charge

on account thereof. The Contractor shall ensure to the satisfaction of the Engineer-In-Charge that

sub-contractors, if any, shall provide competent and efficient supervision over the work entrusted

2. If and whenever any of the Contractor's or sub-contractor's agents, sub-agents, assistants, foreman

or other employees shall, in the opinion of the Engineer-In-Charge, be guilty of any misconduct

or be incompetent or insufficiently qualified or negligent in the performance of their duties or that

in the opinion of the owner or Engineer-In-Charge, it is undesirable for administrative or any other

reason for person or persons to be employed in the works, the Contractor if so directed by the

Engineer-In-Charge, shall at once remove such person or persons from employment thereon. Any

person or persons so removed shall not again be re-employed in connection with the works without

the written permission of the Engineer-In-Charge. Any person, so removed from the works shall

be immediately replaced at the expense of the Contractor by a qualified and competent substitute.

Should the Contractor be required to repatriate any person removed from the works he shall do so

after approval of Engineer-In-Charge and shall bear all costs in connection therewith.

3. The Contractor shall be responsible for the proper behavior of all the staff, foreman, workmen and

others and shall exercise proper control over them and in particular and without prejudice to the

said generality, the Contractor shall be bound to prohibit and prevent any employee from

trespassing or acting in any way detrimental or prejudicial to the interest of the community or of

the properties or occupiers of land and properties in the neighborhood and in the event of such

employees so trespassing, the Contractor shall be responsible therefore and relieve the owner of

all consequent claims, actions for damages or injury or any other ground whatsoever. The decision

of the Engineer-In-Charge upon any matter arising under this claim shall be final.

4. If and when required by the owner, the Contractor's personnel entering upon the owner's premises

shall be properly identified by badges of a type acceptable to the owner which must be worn at all

times on owner's premises.

GC.29 TERMINATION OF SUBCONTRACT BY OWNER

If any sub-contractor engaged upon the works at the site execute any work which in the opinion of

Engineer-In-Charge is not accordance with the contract documents, the owner may by written notice

to the Contractor request him to terminate such sub-contract and the Contractor upon the receipt of

such notice shall terminate such sub-contracts and the latter shall forthwith leave the works, failing

which, the owner shall have the right to remove such sub-contractors from the site.

No action taken by the owner under the above clause shall relieve the Contractor of his liabilities under

the contract or give rise to any right to compensation, extension of time or otherwise.

GC.30 POWER OF ENTRY

If the Contractor shall not commence the work in the manner previously described in the contract

documents or if he shall at any time, in the opinion of Engineer-In-Charge –

(i) Fail to carry out works in conformity with the contract documents, or

(ii) Fail to carry out the works in accordance with the time schedule, or

(iii) Substantially suspend work or the works for a period of seven days without authority from

Engineer-In-Charge, or

(iv) Fail to carry out and execute the work to the satisfaction of the Engineer-In-Charge, or

(v) Fail to supply sufficient or suitable construction plant, temporary works, labour, materials or

(vi) Commit breach of any other provisions of the contract on his part to be performed or observed

or persists in any of the above mentioned breaches of the contract for seven days after notice

in writing shall have been given to the Contractor by the Engineer-In-Charge requiring such

breach to be remedied, or

(vii) Abandon the work, or

(viii) During the continuance of the contract becomes bankrupt, make any arrangement or

compromise with his creditors, or permit any execution to be levied or go into liquidation

whether compulsory or voluntary not being merely a voluntary liquidation for the purpose of

amalgamation or reconstruction then in any such case.

The owner shall have the power to enter upon the works and take possession thereof and of the

materials, temporary works, constructional plant and stores therein and to revoke the Contractor's

license to use the same and to complete the works by his agents, other Contractor or workmen, to

relate the same upon any terms to such other person firm or Corporation as the owner in his absolute

discretion may think proper to employ, and for the purpose aforesaid to use or authorize the use of any

materials, temporary works, constructional plant, and stores as aforesaid with making payments or

allowance to the Contractor for the said materials other than such as may be certified in writing by the

Engineer-In-Charge to be reasonable and without making any payment or allowance to the Contractor

for the use of said temporary works, constructional plant and stock or being liable for loss or damage

thereto. If the owner shall be reason of his taking possession of the works or of the work being got

completed by other Contractor incurred excess expenditure be deducted from any money which may

be due for the work done by the Contractor under the contract and not paid for. Any deficiency shall

forthwith be made good and paid to the owner by the Contractor and the owner shall have power to

sell in such manner and for such price as he may think fit all or any of the constructional plant,

materials etc., consist constructed by or belonging to and to recoup and retain the said deficiency or

any part thereof out of the proceeds of the sale.

GC.31 CONTRACTOR’S RESPONSIBILITY WITH THE OTHER CONTRACTOR AND

Without repugnance to any other conditions, it shall be the responsibility of the Contractor executing

the work, to work in close co-operation and co-ordination with other Contractors or their authorized

representatives and the Contractor will put a joint scheme with the concurrence of other contractors or

their authorized representatives showing the arrangements for carrying his portion of the work to the

Engineer-In-Charge and get the approval. The Engineer-In-Charge before approving the joint scheme

will call the parties concerned and modify the scheme if required. No claim will be entertained on

account of the above. The Contractor shall conform in all respects with the provisions of any statutory

regulations, ordinances or bylaws of any local or duly constituted authorities or public bodies which

may be applicable from time to time to works or any temporary works. The Contractors shall keep

the owner indemnified against all penalties and liabilities of every kind arising out of non-adherence

to such statutes, ordinance, laws, rules, regulations etc.

GC.32 OTHER AGENCIES AT SITE

The Contractor shall have to execute the work in such place and condition where other agencies will

also be engaged for other works, such as site grading, filling and leveling, electrical and mechanical

engineering works etc. No claim shall be entertained for works being executed in the above

Any notice under this contract may be served on the Contractor or his duly authorized representative

at the job site or may be served by Registered Post direct to the official address of the Contractor.

Proof of issue of any such notice could be conclusive of the Contractor having been duly informed of

all contents therein.

GC.34 RIGHTS OF VARIOUS INTERESTS

The owner reserves the right to distribute the work between more than one Contractor. Contractor

shall co-operate and afford reasonable opportunity to other Contractors for access to the works, for the

carriage and storage of materials and execution of their works. Whenever the work being done by

department of the owner or by other Contractor employed by the owner is contingent upon work

covered by this contract, the respective rights of the various interests shall be determined by the

Engineer-In-Charge to secure the completion of various portions of the work in general harmony.

GC.35 PRICE ADJUSTMENTS (Not applicable)

• Price escalation will be applicable for the works above Rs. 100 Lakh. (1 Cr.)

• Price escalation will be carried out as per latest circular of GWSSB “Circular/98 dated

GC.36 TERMS OF PAYMENT

The payment of bills shall be made progressively according to the rules and practices followed by the

Corporation. The progressive payment unless otherwise provided in the contract agreement or

subsequently agreed to by the parties shall be made generally monthly on submission of a bill by the

Contractor in prescribed form of an amount according to the value of the work performed less the

price of materials supplied by owner, aggregate of previous progressive payments and as required by

Clause GC-37 (Retention of Money) herein. All such progressive payments shall be regarded as

payments by way of advance against final payment. Payment for the work done by the Contractor

will be based on the measurement at various stages of the work, in accordance with the condition at

clause GC-81 (measurement of work in progress).

GC.37 RETENTION MONEY

1) Pursuant to clause GC-36 (terms of payment) on at money due to the contractor for work done,

the Corporation will hold as retention money five (5) percent of the value of work. The retention

money will not normally be due for payment until the completion of the entire work & till such

period the work has been finally accepted by the Corporation and a completion certificate issued

by the Corporation in pursuant to clause-GC-79 (completion certificate).

2) Hydraulic Test: As prescribed in the technical specifications, percentage amount of value of work

be withheld against hydraulic test of the civil works & piping work. The said amount shall be

released on giving the satisfactory hydraulic test.

GC.38. PAYMENTS DUE FROM THE CONTRACTOR

All costs, damages or expenses, for which under the contract, Contractor is liable to the Corporation,

may be deducted by the Corporation from any money due or becoming due to the Contractor under

the contract or from any other contract with the Corporation or may be recovered by action at law or

otherwise from the Contractor.

GC.39. CONTINGENT FEE

i) The Contractor warrants that he has not employed a person to solicit or secure the contract upon

any agreement for a commission, percentage, and brokerage contingent fee. Breach of this

warranty shall give the Corporation the right to cancel the contract or to take any drastic measure

as the Corporation may deem fit. The warranty does not apply to commissions payable by the

Contractor to establish commercial or selling agent for the purpose of securing business.

ii) No officer, employer or agent of the Corporation shall be admitted to any share or part of this

contract or to any benefit that may rise there from.

GC.40 BREACH OF CONTRACT BY CONTRACTOR

If the Contractor fails to perform the work under the contract with due diligence or shall refuse or

neglect to comply with instructions given to him in writing by the Engineer-In-Charge in accordance

with the contract, or shall contravene the provisions of the contract, the Corporation may give notice

in writing to the Contractor to make good such failure, neglect, or contravention. Should the

Contractor fail to comply with such written notice within 14 (fourteen) days of receipt, it shall be

lawful for the Corporation, without prejudice to any other rights the Corporation may have under the

contract, to terminate the contract for all or part of the works, and make any other arrangements it shall

deem necessary to complete the work outstanding under the contract at the time of termination. In

this event, the performance Bond shall immediately become due and payable to the Corporation. The

value of the work done on the date of termination and not paid for shall be kept as deposit for

adjustment of excess expenditure incurred in getting the remaining work completed and the

Corporation shall have free use of any works which the Contractor may have at the site at the time of

termination of the contract.

GC.41 DEFAULT OF CONTRACTOR

i) The Corporation may upon written notice of default to the Contractor terminate the contract

circumstances detailed as under:

a) If in the opinion of the Corporation, the Contractor fails to make completion of works within the

time specified in the completion schedule or within the period for which extension has been granted

by the Corporation to the Contractor.

b) If in the opinion of the Corporation, the Contractor fails to comply with any of the other

provisions of this contract.

ii) In the event, the Corporation terminates the contract in whole or in part as provided in Article GC-

50 (Termination of the Contract) the Corporation reserves the right to purchase upon such terms and

in such manner as it may be deem appropriate, plant similar to one which is not supplied by the

Contractor and the Contractor will be liable to the Corporation for any Additional costs for such similar

plant and / or for liquidated damages for delay until such time as may be required for the final

completion of works.

iii) If this contract is terminated as provided in this paragraph GC-30 (Power of Entry) the Corporation

in Additional to any other rights provided in this clause, may require the Contractor to transfer title

and deliver to the Corporation.

a) Any completed works

b) Such partially completed information and contract rights as the Contractor has specifically

produced or acquired for the performance of the contract so terminated.

iv) In the event, the Corporation does not terminate the contract as provided in the paragraph GC-50

(Termination of Contract) the Contractor shall continue performance of the contract, in which case,

he shall be liable to the Corporation for liquidated damages for delay until the works are completed

GC.42 BANKRUPTCY

If the Contractor shall become bankrupt or insolvent or has a receiving order made against him, or

compound with his creditors, or being the Corporation commence to be wound up not being a member

voluntary winding up for the purpose of amalgamation or reconstruction, or carry on its business under

a receiver for the benefit of his creditors or any of them, the Corporation shall be at liberty to either

(a) terminate the contract forthwith by giving notice in writing to the Contractor or to the receiver or

liquidator or to any person or Organization in whom the contract may become vested and to act in the

manner provided in Article GC-41 (Default of Contractor) as thought the last mentioned notice had

been the notice referred to in such article or (b) to give such receiver, liquidator or other persons in

whom the contract may become vested the option of carrying out the contract subject to his providing

a satisfactory guarantee for the due and faithful, performance of the contract up to an amount to be

agreed. In the event that the Corporation terminates the contract in accordance with this article, the

performance bond shall immediately become due and payable on demand to Corporation.

GC.43 OWNERSHIP

Works hand over pursuant to the contract shall become the property of the Corporation from

whichever is the earlier of the following times, namely;

a) When the works are completed pursuant to the contract.

b) When the contractor has been paid any sum to which he may become entitled in respect

thereof pursuant to Clause GC-36 (Terms of Payment).

GC.44 DECLARATION AGAINST WAIVER

The condemnation by the Corporation of any breach or breaches by the Contractor or an authorized

sub-contractor of any of the stipulations and conditions contained in the contract, shall in no way

prejudice or affect or be construed as a waiver of the Corporation's rights, powers and remedies under

the contract in respect of any breach or breaches.

GC.45 LAWS GOVERNING THE CONTRACT

This contract shall be construed according to and subject to the laws of India and the State of Gujarat

and under the jurisdiction of the Courts of Gujarat at Morbi.

GC.46 OVERPAYMENT AND UNDERPAYMENT

Whenever any claim for the payment of a sum to the Corporation arises out of or under this contract

against the Contractor, the same may be deducted by the Corporation from any sum then due or which

at any time thereafter may become due to the Contractor under this contract and failing that under any

other contract with the Corporation (which may be available with the Corporation), or from his

retention money or he shall pay the claim on demand. The Corporation reserves the right to carry out

post payment audit and technical examinations of the final bill including all supporting vouchers,

abstracts etc. The Corporation further reserves the right to enforce recovery of any payment when

detected, notwithstanding the fact that the amount of the final bill may be included by one of the parties

as an item of dispute before an Arbitrator, appointed under Article GC-49 (Arbitration) of this contract

and notwithstanding the fact that the amount of the final bill figures in the arbitration award. If as a

result of such audit and technical examinations any over payment is discovered in respect of any work

done by the Contractor or alleged to have been done by him under the contract, it shall be recovered

by the Corporation from the Contractor as prescribed above. If any under payment is discovered by

the Corporation, the amount due to the Contractor under this contract, may be adjusted against any

amount then due or which may at any time thereafter become due before payment is made to the

GC.47 SETTLEMENT OF DISPUTES

Except as otherwise specifically provided in the contract, all disputes concerning questions of fact

arising under the contract shall be decided by the Engineer-In-Charge subject to a written appeal by

the Contractor to the Engineer-In-Charge and those decisions shall be final and binding on the parties

hereto. Any disputes or differences including those considered as such by only one of the parties

arising out of or in connection with this contract shall be to the extent possible settled amicably

between the parties. If amicable settlement cannot be reached then all disputed issues shall be settled

as provided in Article GC-48 (Disputes or differences to be referred to) and Article No.GC-49

GC.48 DISPUTES OF DIFFERENCES TO BE REFERRED TO

If at any time, any question, disputes or differences of any kind whatsoever shall arise between the

Engineer-In-Charge and the contractor upon or in relation to or in connection with this contract either

party may forthwith give to the other, notice in writing of the existence of such question, dispute or

difference as to any decision, opinion, instruction, direction, certificate or evaluation of the Engineer-

In-Charge. The question, dispute or differences shall be settled by the Municipal Commissioner,

Morbi Municipal Corporation, who shall state his decision in writing and give notice of same to the

Engineer-In-Charge and to the Contractor. Such decision shall be final and binding upon both parties.

The contract and work on contract if not already breached or abandoned shall proceed normally unless

and until the same shall be revised (or uphold) by any arbitration proceedings as hereinafter provided.

Such decisions shall be final and binding on the Engineer-In-Charge and the Contractor unless the

Contractor shall require the matter to be referred to an Arbitration panel as hereinafter provided.

GC.49 ARBITRATION

In case of any dispute arising during the course of execution the matter should be referred to

Municipal commissioner who will be sole arbitrator whose decision will be final and binding to

the contractor.

The word "Arbitration" or "Arbitration Clause" wherever mentioned in this tender document, is to be

treated to be referred to GC-49. In this context, an Order bearing No.MMC/Legal/1858 dated 18-02-

2017 of Legal Department of Morbi Municipal Corporation is uploaded separately along with this

tender, which Order, will hereafter referred and taken into consideration for Arbitration related

GC.50 TERMINATIONS OF THE CONTRACT

i) If the contractor finds it impracticable to continue operation owing to force major reasons or for any

reasons beyond his control and/or the Corporation find it impossible to continue operation, then

prompt notification in writing shall be given by the party affected to the other.

ii) If the delay or difficulties so caused cannot be expected to cease or become unavoidable or if

operations cannot be resumed within two (2) months then either party shall have the right to terminate

the contract upon ten (10) days written notice to the other. In the event of such termination of the

contract, payment to the contractor will be made as follows:

a) The contractor shall be paid for all works approved by the Engineer-in-charge and for any other

legitimate expenses due to him.

b) If the Corporation terminates the contract owing to Force Majeure or due to any cause beyond its

control, the contractor shall Additionally be paid for any work done during the said two (2) months

period including any financial commitment made for the proper performance of the contract and

which are not reasonably defrayed by payments under (a) above,

c) The Corporation shall also release all bonds and guarantees at its disposal except in cases where

the total amount of payment made to the contractor exceeds the final amount due to him in which

the total amount of payment made to the contractor exceeds the final amount due to him in which

case the contractor shall refund the excess amount within thirty (30) days after the termination and

the Board thereafter shall release all bonds and guarantees. Should the contractor fail to refund the

amounts received in excess within the said period such amounts shall be deducted from the bonds

or guarantees provided.

iii) On termination of the contract for any cause the contractor shall see the orderly suspension and

termination of operations, with due consideration to the interests of the Corporation with respect to

completion, safeguarding or storing of materials procured for the performance of the contract and the

salvage and resale thereof.

GC.51 SPECIAL RISKS

If during the contract, there shall be an outbreak of war (whether war is declared or not), major

epidemic, earthquake or similar occurrence in any part of the world beyond the control of either party

to the contract which financially or otherwise materially affects the execution of the contract, the

Contractor shall unless and until, the contract is terminated under the provisions of this article use his

best endeavors to complete the execution of the contract, provided always that the Corporation shall

be entitled at any item after the onset of such special risks, to terminate the contract by giving written

notice to the contractor and upon such notice being given this contract shall terminate but without

prejudice to the rights of either party in respect of any antecedent breach thereof.

The Contractor shall not be liable for payment of compensation for delay or for failure to perform the

contract for reasons of Force Majeure such as acts of public enemy, acts of Government, fires, floods,

cyclones, epidemics, quarantine restrictions, lockouts, strikes, freight embargoes and provided that the

Contractor shall within 10 (ten) days from the beginning of such delay notify the Engineer-In-Charge

in writing, of the cause of delay, the Corporation shall verify the facts and grant such extension as the

GC.52 CHANGE IN CONSTITUTION

Where the Contractor is a partnership firm, the prior approval in writing of the owner shall be obtained

before any change is made in the constitution of the firm. Where the Contractor is an individual or

undivided family business concern such approval as aforesaid shall likewise be obtained before the

Contractor enters into any partnership agreement where under the partnership firm would have the

right to carry out the works hereby undertaken by the Contractor. If prior approval as aforesaid is not

obtained, the contract shall be deemed to have been assigned in contravention of contract.

GC.53 SUB-CONTRACTUAL RELATIONS

All works performed for the contract by a sub-contractor shall be pursuant to an appropriate agreement

between the Contractor and the sub-contractor, which shall contain provision to –

a) Protect and preserve the rights of the Corporation and the Engineer-In-Charge with

respect to the works to be performed under the sub-contracting party will not prejudice

b) Require that such work be performed in accordance with the requirements of contract

c) Require under such contract to which the contractor is a party, the submission to the

Contractor of application for payment and claims for Additional costs, extension of

time, damages for delay or otherwise with respect to the sub-contracted portions of the

work in sufficient time, that the Contractor may apply for payment comply in

accordance with the contract documents for like claims by the Contractor upon the

d) Waive all rights the contracting parties may have against one another for damages

caused by fire or other perils covered by the property insurance except such rights as

they may have to the proceeds of such insurance held by the Corporation as trustee and,

e) Obligate each sub-contractor specifically to consent to the provisions of this Article.

GC.54 PATENTS AND ROYALTIES

1. Contractor, if licensed under any patent covering equipment, machinery, materials or

composition of matter to be used or supplied or methods and process to be practiced or employed

in the performance of this contract agrees to pay all royalties and license fees, which may be due

with respect thereto. If any equipment, machinery, materials, composition matters, to be used or

supplied or methods practiced or employed in the performance of this contract, is covered by a

patent under which Contractor is not licensed, then the Contractor before supplying / using the

equipment, machinery, materials, compositions, methods of process shall obtain such license and

pay such royalties and license fees as may be necessary for performance of this contract. In the

event Contractor fails to pay such royalty or to obtain any such license, any suit for infringement

of such patents which is brought against the Contractor or the owner as a result of such failure

will be defended by the Contractor at his own expenses and the Contractor will pay any damages

and costs awarded in such suit. The Contractor shall promptly notify the owner if the Contractor

has acquired knowledge of any plant under which a suit for infringement could be reasonably

brought because of the use by the owner of any equipment machinery, materials, process methods

to be supplied in hereunder. Contractor agrees to and does hereby grant to owner together with

the right to extend the same to any of the subsidiaries of the owner an irrevocable royalty fee

license to use in any Country, any invention made by the Contractor or his employees in or as a

result of the performance of work under contract.

2. With respect to any sub-contract entered into by Contractor pursuant to the provisions of the

relevant clause hereof, the Contractor shall obtain from the sub-contractor an understanding to

provide the owner with the same patent protection that contracts is required to provide under the

provisions of the clause.

3. The Contractor shall indemnify and save harmless the owner from any loss on account of claims

against owner for the contributory infringement of patent rights arising out of and based upon the

claim that the use by the Corporation of the process included in the design prepared by the

Contractor and used in the operation of the plant infringes on any patent rights.

If, at any time, there should be evidence of any lien or claim for which owner might have become

liable and which is chargeable to the Contractor, the owner shall have the right to retain out of any

payment then due or thereafter to become due an amount sufficient to completely indemnify the owner

against such lien or claim or if such lien or claim be valid the owner may pay and discharge the same

and deduct the amount as paid from any money which may be due or become due and payable to the

Contractor. If any lien or claims remaining unsettled after all payments are made, the Contractor shall

refund or pay to the owner all money that the latter may be compelled to pay in discharging such lien

or claim including all costs and reasonable expenses.

GC.56 EXECUTION OF WORK

The whole work shall be carried out in strict conformity with the provisions of the contract documents,

detailed drawings, specifications and the instructions of the Engineer-in-charge from time to time. The

contractor shall ensure that the whole work is executed in the most substantial, and proper manner

with best workmanship using materials of best quality in strict accordance with the specifications to

the entire satisfaction of the Engineer-in-charge.

GC.57 WORK IN MONSOON

When the work continues in monsoon if required, the Contractor shall maintain minimum labour force

required for the work and plan and execute the construction and erection work according to the

prescribed schedule. No extra rate will be considered for such work in monsoon. During monsoon

and entire construction period, the Contractor shall keep the site free from water at his own cost.

However, Monsoon period from 1st July to 30th September shall be considered as non-working period

hence it will be excluded from time limit.

GC.58 WORK ON SUNDAYS AND HOLIDAYS

No work except curing shall be carried out on Sundays and Holidays. However, if the exigencies of

the work need continuation of work on Sundays and Holidays, written permission of the Engineer in-

charge shall be obtained in advance.

GC.59 GENERAL CONDITIONS FOR CONSTRUCTION WORK

Working hours shall be eight every day. The overtime work in two shifts could be carried out with

the written permission of the Engineer-In-Charge but no compensation shall be paid for the same. The

rate quoted shall include this. The Contractor shall plan his work in such a way that his labourers do

not remain idle. The owner will not be responsible for idle labour of the Contractor. The Contractor

shall submit to the owner progress report every week. The details and Performa of the report will be

as per mutual agreement.

GC.60 DRAWINGS TO BE SUPPLIED BY THE OWNER

The drawings attached with the e-tender documents shall be for general guidance of the Contractor to

enable him to visualize the type of work contemplated and scope of work involved. Detail working

drawings according to which the work is to be done shall be prepared by the Contractor for executing

the work. Drawings for the future work while lowering – laying pipeline shall be prepared and

submitted in advance for smooth operation and changes according to site situations be implemented.

GC.61 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR

Detailed drawing/ structural drawing required for execution of work will be prepared by the contractor.

Where drawings, data are to be furnished by the contractor they shall be as enumerated in special

conditions of contract and shall be furnished within the specified time. Where approval of drawings

has been specified it shall be the contractor’s responsibility to have these drawings got approved before

any work is taken up with regard to the same. Any changes becoming necessary in those drawings

during the execution of the work shall have to be carried out by the contractor at no extra cost. All

final drawings shall bear the certification stamp as indicated below duly signed by both the contractor

and Engineer-in-charge. Final alignment and actual work completion drawing in AutoCAD and GIS

mapping format shall be submitted by the contractor without any extra cost.

“Certified true for

Contractor. Engineer-in-charge.

Drawings will be approved within three (3) weeks of the receipt of the same by the Engineer-in-charge.

GC.62 SETTING OUT WORK

The Contractor shall set out the work on the site handed over by the Engineer-in-charge and shall be

responsible for the correctness of the same. The work shall be carried out to the entire satisfaction of

Engineer-in-charge. The approval thereof or partaking by Engineer-in-charge in setting out work shall

not relieve contractor of any of his responsibilities. The contractor shall provide at his own cost all

necessary level posts, pegs, bamboos, flags, ranging rods, strings and other materials and laborers

required for proper setting out of the work. The contractor shall provide fix and be responsible for the

maintenance of all stakes, templates, level markets, profiles and similar other things and shall take all

necessary precautions to prevent their removal or disturbance and shall be responsible for the

consequences for such removal or disturbance. The contractor shall also be responsible for the

maintenance of all existing survey marks, boundary marks, distance marks and center line marks either

existing or face lines and cross lines shall be marked by small masonry pillars. Each pillar shall have

distance mark at the center for setting up the Theodolite. The work shall not be started unless the

setting out is choked and approved by Engineer-in-charge in writing but such approval shall not relieve

the contractor of his responsibilities about the correctness of setting out. The contractor shall provide

all materials, labor and other facilities necessary for checking at his own cost. Pillars boring geodetic

marks on site shall be protected by the contractor. On completion of the work the contractor shall

submit the geodetic documents according to which the work has been carried out.

GC.63 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTNESS OF WORK

The contractor shall be entirely and exclusively responsible for the correctness of every part of the

work and shall rectify completely any errors therein at his own cost when so instructed by Engineer-

in-charge. If any error has crept in the work due to non-observance of this clause, the contractor will

be responsible for the error and bear the cost of corrective work.

1. Material to be supplied by the contractor:

Contractor shall procure and provide all the material required for the execution and maintenance of

work including M.S. rods, all tools, tackles, construction plant and equipment except, the materials to

be supplied by the owner detailed in the contract documents. Owner, shall make recommendations for

procurement of materials to the respective authorities if desired by the contractor but assumes no

responsibility of any nature. Owner shall insist for procurement of materials with ISI marks supplied

by reputed firms of the vendor list.

2. If however, the Engineer-in-charge feels that the work is likely to be delayed due to contractor’s

inability to procure materials, the Engineer-in-charge shall have the right to procure materials from

the market and the contractor will accept these materials at the rates decided by Engineer-in-charge.

GC.64 MATERIALS TO BE SUPPLIED BY THE OWNER

1. If the contract provided certain materials or stores to be supplied by the owner, such materials and

stores transported by the contractor at his cost from owner’s stores or Railway Station. The cost from

contractor for the value of materials supplied by the owner will be recovered from the R.A. bill on the

basis of actual consumption of materials in the work covered and for which R.A. bill has been

prepared. After completion of the work the contractor has to account for the full quantity of materials

supplied to him.

The value of store materials supplied by the owner to the contractor shall be charged at rates shown in

the contract documents and in case any other material not listed in the schedule of materials is supplied

by the owner, the same shall be charged at cost price including carting and other expenses incurred in

procuring the same. All materials so supplied shall remain the property of the owner and shall not be

removed from the site on any account. Any material remaining unused at the time of completion of

work or termination of contract shall be returned to owner’s store or any other place as directed by the

Engineer-in-charge in perfectly good condition at contractor’s cost. When materials are supplied free

of cost for use in work and surplus and unaccounted balances thereof are not returned to the owner,

recovery in respect of such balance will be affected at double the applicable issue rate of the material

or the market rates whichever is higher.

GC.65 CONDITIONS OF ISSUE OF MATERIALS BY THE OWNER

(a) The materials specified to be issued by the owner to the contractor shall be issued by the

owner at his store and all expenses for it carting site shall be borne by the contractor will

be issued during working hours and as per rules of owner from time to time.

(b) Contractor shall bear all expenses for storage and safe custody at site of materials issued

to him before use in work.

(c) Material shall be issued by the owner in standard/non-standard sizes as obtained from

(d) Contractor shall construct suitable go downs at site for storing the materials to protect the

same from damage due to rain, dampness, fire, theft etc.

(e) The contractor should take the delivery of the materials issued by the owner after

satisfying himself that they are in good conditions. Once the materials are issued, it will

be the responsibility of the contractor to keep them in good condition and in safe custody.

If the materials get damaged or if they are stolen, it shall be the responsibility of the

contractors to replace them at his cost according to the instructions of the Engineer-in-

(f) For delay in supply or for non-supply of materials to be supplied by the owner, on account

of natural calamities, act of enemies, other difficulties beyond the control of the owner,

the owner carries no responsibilities. In no case the contractor shall be entitled to claim

any compensation for loss suffered by him on this account.

(g) None of the materials issued to the contractor, shall be used by the contractor for

manufacturing items which can be obtained from the manufacturers. The materials issued

by the owner shall be used for the work only and no other purpose.

(h) Contractor shall be required to execute indemnity bond in the prescribed form for the safe

custody and account of materials issued by the owner.

(i) Contractor shall furnish sufficiently in advance a statement of his requirements of

quantities of materials to be supplied by the owner and the time when the same will be

required for the work, so as to enable Engineer-in-charge to make arrangements to procure

and supply the materials.

(j) A daily account of materials issued by the owner shall be maintained by the contractor

showing receipt, consumption and balance on hand in the form laid down by Engineer-in-

charge with all connected paper and shall be always available for inspection in the site

(k) Contractor shall see that only the required quantities of materials are got issued and no

more. The contractor shall be responsible to return the surplus materials at owner’s store

at his own cost.

GC.66 MATERIALS PROCURED WITH ASSISTANCE OF THE OWNER

Notwithstanding anything contained to the contrary in any of the clauses of this contract, where any

materials for the execution of the contract are procured with the assistance of the owner either by issue

from owners stock or purchase made under orders or permits or licenses issued materials as trustees

for owner, and use such materials not dispose them off without the permission of owner and

unserviceable materials that may be left with him after completion of the contract or at its termination

for any reason whatsoever on his being paid or credited such price as Engineer-in-charge shall

determine having due regard to the conditions of the materials. The price allowed to contractor shall

not exceed the amount charged to him excluding the storage charges if any. The decision of Engineer-

in-charge shall be final and conclusive in such matters. In the event of breach of the aforesaid

condition, the contractor shall in terms of license or permits and/or for criminal breach of trust be

liable to compensate owner at double the rate or any higher rates. In the event of these materials at that

time having higher rate or not being available in the market than any other rate to be determined by

the Engineer-in-charge at his decision shall be final and conclusive.

GC.67 MATERIALS OBTAINED FROM DISMANTLING

If the contractor, in the course of execution of work, is called upon to dismantle any part of work for

reasons other than on account of bad or imperfect work, the materials obtained from dismantling will

be the property of the owner and will be disposed of as per instructions of Engineer-in-charge in the

best interest of the owner.

GC.68 ARTICLE OF VALUE OF TREASURE FOUND DURING CONSTRUCTION

All gold, silver and other minerals of any description and all precious stones, coins, treasurers, relics,

antiquities and other similar things which shall be found in, under or upon site shall be the property of

the owner and the contractor shall properly preserve the same to the satisfaction of the Engineer-in-

charge and shall hand over the same to the owner.

GC.69 DISCREPANCIES BETWEEN INSTRUCTIONS

If there is any discrepancy between the various stipulations of the contract documents or instructions

to the contractor or his authorized representative or if any doubt arises as to the meaning of such

stipulation or instructions, the contractor shall immediately refer in writing to the Engineer-in-charge

whose decision shall be final and conclusive and no claim for losses caused by such discrepancy shall

in any event be admissible.

GC.70 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK

The Consultant /Engineer-in-Charge shall have power to make any alterations in, omission from,

Addition to, substitutions for, the schedule of rates, the original specifications, Drawings, designs, and

instructions that may appear to him to be necessary or advisable during the progress of work and the

contractor shall be bound to carry out such altered/extra/new items of work in accordance with any

instructions which may be given to him in writing signed by Engineer-in-Charge and such alteration

omissions, Additions or substitutions, shall not invalidate contract and any altered, Additional or

substituted work shall be carried out by the contractor on the same conditions of contract. The time

for completion may be extended by the consultant as may be considered just and reasonable by him.

The rates for such Additional, altered or substitute work shall be worked out as under:-

a) If the rates for Additional, altered or substitutes work are specified in the contract for work, the

contractor is bound to carry out such work at the same rates as specified in the contract.

b) If the rates for Additional, altered or substituted work is not specifically provided in the contracts

for the work, the rates will be derived from the rates of similar items of work in the contract work.

The opinion of Engineer-in-Charge as to whether the rates can be reasonably so derived the items

of contract will be final and binding the contractors;

c) If the rates of altered, Additional or substitute work cannot be determined

as specified in (a) or (b) above, the rate shall be paid as per S.O.R. of MMC/GWSSB.

d) If the rates of altered, Additional or substitute work cannot be determined as specified in a) or b)

or c) above, the contractor shall within seven days of the receipt of order to carry out the work

inform the Consultant/Engineer-in-Charge of the rate which he intends to charge for such work

supported by rate analysis and the Consultant/Engineer-in-Charge will determine the rate on the

basis of prevailing market rates of materials, labour cost at schedule of labour plus 15% there on

as contractor’s supervision overheads and profit. The opinion of Consultant/ Engineer-in-Charge

as to the market rates of materials and the quantity of labour involved per unit of measurement

will be final and binding on contractor.

But under no circumstances, the contractor suspend work or the plea of non-settlement of items falling

under this clause.

GC. 71 ACTION WHEN NO SPECIFICATIONS IS ISSUED

In case of any class of work for which no specification is supplied by the owner in the tender

documents, such work shall be carried out in accordance with relevant latest ISS and if ISS do not

cover the same, the work shall be carried out as per general technical specification for building work;

and if not covered in then it is to be with standard Engineering practice subject to the approval of

Engineer-in-charge.

GC.72 ABNORMAL RATES

Contractor is expected to quote rate for each item after careful analysis of cost involved for the

performance of the completed item considering all specifications and conditions of contract.

GC.73 ASSISTANCE TO ENGINEER-IN-CHARGE

Contractor shall make available to Engineer-in-charge free of cost all necessary instruments and

assistance in checking of any work made by the contractor setting out for taking measurement of work

GC.74 TESTS FOR QUALITY OF WORK

1. The contractor shall be required to give satisfactory hydraulic test as well as any other tests required

for quality assurance. He shall have to rectify the defects, if any free of cost. The necessary water,

power, labour, etc required for the hydraulic test or any other tests shall also be arranged by the

contractor at his own cost.

2. All workmanship shall be of the best kind described in the contract documents and in accordance

with the instructions of Engineer-in-charge and shall be subjected from time to time to such tests at

contractor cost as the Engineer-in-charge may direct at the place of manufacture of fabrication or on

the site or at any such place. Contractor shall provide assistance, instruments, Labour, and materials

as are normally required for examining, measuring and testing of any work or workmanship as may

be selected and required by Engineer-in-charge.

3. All tests necessary in connection with the execution of work as decided by Engineer-in-charge shall

be carried out at an approved laboratory at contractor’s cost.

4. Contractor shall furnish the Engineer-in-charge for approval when requested or if required by the

specification, adequate samples of all materials and finished goods to be used in work sufficiently in

advance to permit tests and examination thereof. All materials furnished and finished goods applied

in work shall be exactly as per the approved samples.

GC.75 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP

If it shall appear to the Engineer-In-Charge that any work has been executed with materials of inferior

description, or quality or are unsound or with unsound, imperfect or unskilled workmanship or

otherwise not in accordance with the contract, the Contractor shall, on demand in writing from

Engineer-In-Charge or his authorized representative specifying the work, materials or articles

complained of, notwithstanding that the same may have been inadvertently passed, certified and paid

for, forthwith rectify or remove and reconstruct the work, so specified. In the event of failure to do so

within a period to be specified by the Engineer-In-Charge in his aforesaid demand, Contractor shall

be liable to pay compensation at the rate of 0.1(zero point one) percent of the value of work for per

day of delay limited to a maximum of ten (10%) percent of the value of work while his failure to do

so continues and in the case of any such failure, the Engineer-In-Charge may on expiry of the notice

period rectify and remove and re-execute the work or remove and replace with others at the risk and

cost of the Contractor. The decision of the Engineer-In-Charge as to any question arising under this

clause shall be final and conclusive.

GC.76 SUSPENSION WORK

Contractor shall, if ordered in writing by Engineer-in-charge or his representative temporarily

suspended the work or any part thereof for such time (not exceeding one month) as ordered and shall

not after receiving such written notice proceed with the work until he shall have received a written

order to proceed therewith. The contractor shall not be entitled to claim compensation for any loss or

damage sustained by him by reason of temporary suspension of work as aforesaid. An extension of

time for completion of work will be granted to the contractor corresponding to the delay caused by

such suspension of work if he applies for the same provided the suspension was not consequent upon

any default or failure on the part of the contractor.

GC.77 OWNER MAY DO PART OF THE WORK

When the contractor fails to comply with any instructions given in accordance with the provisions of

this contract, the owner has the right to carry out such parts of work as the owner may designate

whether by purchasing materials and engaging labor or by the agency of another contractor. In such

case the owner shall deduct from the amount which otherwise might become due to contractor, the

cost of such work and materials with ten (10) percent added to cover all departmental charges and

should the total amount thereof exceed the amount due to contract, contractor shall pay the difference

should the total amount thereof exceed the amount due to contract, contractor shall pay the difference

GC.78 POSSESSION PRIOR TO COMPLETION

The Engineer-in-charge shall have the right to take possession of or to use any completed or partly

completed work or part of work. Such possession or use shall not be deemed to be an acceptance of

any work completed in accordance with the contract. If such prior possession or use by Engineer-in-

charge delays the process of work, equitable adjustment in the time of completion will be made and

the contract shall be deemed to be modified accordingly.

GC.79 COMPLETION CERTIFICATE

As soon as the work has been completed in accordance with contract (except in minor respects that do

not affect their use for the purpose for which they are intended and except for maintenance thereof) as

per general conditions of contract the Engineer-in-charge shall issue a certificate (hereinafter called

completion certificate) in which shall certify the date on which work has been completed and has

passed the said tests and owner shall be deemed to have taken over work on the date so certified. If

work has been divided in various groups in contract, owner shall be entitled to take over any group or

groups before the other or others and there upon the Engineer-in-charge will issue a completion

certificate which will, however, be for such group or groups so taken over only.

In order that contractor could get a completion certificate, he shall make good, with all speed any

defect arising from the defective materials supplied by contractor or workmanship or any act or

omission of contractor that may have been discovered or developed after the work or groups of works

has been taken over. The period allowed for carrying out such work will be normally, one month. If

any defect be not remedied within the time, specified, owner may proceed to do work at contractor’s

risk and expenses and deduct from the final bill such amount as may be decided by owner. If by reason

of any default on the part of the contractor, a completion certificate has not been issued in respect of

every portion of work within one month after the date fixed by contract for completion of work, owner

shall be at liberty to use work or any portion thereof in respect of which a completion certificate has

been issued, provided that work or the portion thereof so used as aforesaid shall be afforded reasonable

opportunity for completion of that work or the portion thereof so used as aforesaid shall be afforded

reasonable opportunity for completion of that work for the issue of completion certificate.

GC.80 SCHEDULE OF RATES

1) The rates quoted by the Contractor shall remain firm till the completion of the work and shall

not be subject to escalation. Schedule of rates shall be deemed to include and cover all costs,

expenses and liabilities of every description and risks or every kind to be taken in executing,

completing and handing over the work to owner by Contractor. The contractor shall be deemed

to have known the nature, scope, magnitude and the extent of work and materials required

though contract documents may not fully and precisely furnish them. He shall make such

provision in the Schedule of Rates as he may consider necessary to cover the cost of such

items of work and materials as may be reasonable and necessary to complete the work. The

opinion of Engineer-In-Charge as to the item of work which are necessary and reasonable for

completion of the work shall be final and binding on Contractor although the same may be not

shown on drawings or described specifically in contract documents.

2) The schedule of rates shall be deemed to include and cover the cost of all constructional plant,

temporary work, materials, labor and all other matters in connection with each item in

schedule of rates and the execution of work or any portion thereof finished complete in every

respect and maintained as shown or described in the contract document or as may be ordered

in writing during the continuance of the contract.

3) The schedule of rates shall be deemed to include and cover the cost of all royalties and fees

for the articles and processes, protected by letters patent or otherwise incorporated in or used

in connection with work, also all royalties, rents and other payments in connection with

obtaining materials of whatsoever kind for work and shall include an indemnity to owner

which contractor hereby gives against all actions, proceedings, claims, damages, costs and

expenses arising from the incorporation in or use on the works of any such

Articles, processes or materials other municipal or local board charges if levied an material,

equipment or machineries to be brought to site for use on work shall be borne by the

4) No exemption or reduction of custom duties, or any other taxes or charges of the central or

state Government or of any local body whatsoever will be granted or obtained and all such

expenses shall be deemed to have been included in and covered by schedule of rates.

Contractor shall also obtain and pay for all permits or other privileges necessary to complete

5) The schedule of rates shall be deemed to include and cover risks on account of delay and

interference with contractor’s conduct of work which may occur from any cause including

orders of owner in the exercise of his powers and on account of extension of time granted due

to various reasons.

6) For work under unit rate basis no alteration will be allowed in the schedule of rates by reasons

of work or any part of them being modified, altered, extended, diminished or omitted.

GC.81 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS

1) All measurements shall be in metric systems. All the works in progress will be jointly

measured by the representative of engineer- in –charge and contractor’s authorized person.

Such measurements will be got recorded in the measurement book by the engineer- in –charge

or his authorized representative and signed by the contractor or his agent in token of

acceptance. If the contractor or his authorized agent fails to be present when ever required by

engineer- in –charge for taking measurements for any reasons whatsoever, the measurement

will be taken by the Engineer-in-charge or his authorized representative notwithstanding the

absence of contractor and these measurements will be deemed to be correct and binding to the

2) Contractor will submit a bill in approved Performa in quadruplicate to the Engineer-in-charge

of the work giving abstract and detailed measurements of various items executed during a

month as mutually agreed. The Engineer-in-charge shall verify the bill and the claim, as far

as admissible, adjusted if possible, within 10(ten) days of presentation of the bills.

GC.82 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES

1. All running account payments shall be regarded as payments by way of advance against the final

payment only and not as payment for work actually done and completed and shall not preclude the

requiring of bad, unsound and imperfect or unskilled work to be removed and taken away and

reconstructed or rejected or to be considered as an admission of the due performance of contract or

any part thereof.

2. 5(Five) percent of the gross R.A. bill amount shall be retained from each bill as retention amount

and the same will be paid with the final bill.

GC.83. NOTICE FOR CLAIM FOR ADDITIONAL PAYMENT

If the contractor considers that he is entitled to extra payment or compensation or any claim whatsoever

in respect of work, he shall forthwith give notice in writing to the Engineer-in-charge about his extra

payment and/or compensation. Such notice shall be given to the Engineer-in-charge within 10(Ten)

days from the happen of any event upon which contractor basis such claims & such notice shall contain

full particulars of the nature of such claim with full details and amount claimed. Failure on the part of

the contractor to put forward any claim with the necessary particulars as above, within the time above

specified shall be an absolute waiver thereof. No omission by owner to reject any such claim and no

delay in dealing therewith shall be waiver by owner or any rights in respect thereof.

GC.84 PAYMENT OF CONTRACTOR’S BILL

1. The price to be paid by the owner to contractor for the work to be done and for the performance of

all the obligations undertaken by the contractor under contract shall be based on the contract price and

payment to be made accordingly for the work actually executed and approved by the Engineer-in-

2. No payment shall be made for work costing less than Rs. 20,00,000/- till the work is completed and

a certificate of completion given. But in case of work estimated to cost more than Rs. 20,00,000/-.

Contractor on submitting the bill thereof will be entitled to receive a monthly payment proportionate

to the part thereof, approved and passed by Engineer-in-charge, whose certificate of such approval

and passing of the sum so payable shall be final and conclusive against contractor. This payment shall

be made after necessary deductions as stipulated elsewhere in the contract documents for materials,

security-deposit etc. The payment shall be released to the contractor within Two (2) month of

submission of the bill duly pre-occupied on proper revenue stamp. Payment due to Contractor shall be

made by the owner by Electronic clearing system or RTGS only in Indian currency. Successful bidder

must furnish his details for the ECS/RTGS.

GC.85 FINAL BILL

The final bill shall be submitted by contractor within one (1) month of the date of completion of work

and handing over the plant/work, otherwise the Engineer-in-charge’s certificate of the measurement

and of total amount payable for work shall be final and binding on all parties.

and of total amount payable for work shall be final and binding on all parties.

GC.86 RECEIPT FOR PAYMENT

Receipt for payment made on account of work when executed by a firm must be signed by a person

holding power of attorney in this respect on behalf of contractor except when described in the tender

as a limited company in which case the receipt must be signed in the name of the company by one of

its principal officers or by some other person having authority to give effectual receipt for the

GC.87 COMPLETION CERTIFICATE

1. When the contractor fulfils his obligation as per terms of contract he shall be eligible to apply for

completion certificate. Contractor may apply for separate completion certificate in respect of each

such portion of work by submitting the completion documents along with such application for

completion certificate.

The Engineer-in-charge shall normally issue to contractor the completion certificate within one (1)

month after receiving an application thereof from contractor after verifying, from the completion

documents and satisfying himself that work has been completed in accordance with and as set out in

the construction and erection drawings and the contract documents. Contractor after obtaining the

completion certificate is eligible to present the final bill for work executed by him under the terms of

2. Within One month of completion of work in all respects contractor shall be furnished with a

certificate by the Engineer-in-charge of such completion but no certificate shall be given nor shall

work be deemed to have been executed until all (i) scaffolding, surplus materials and rubbish is cleared

off site completely, (ii) until work shall have been measured by the Engineer-in-charge whose

measurement shall be binding and conclusive and (iii) until all the temporary works, labor and staff

colonies etc. constructed are removed and the work site cleaned to the satisfaction of the Engineer-in-

charge. If contractor shall fail to comply with the requirements as aforesaid or before date fixed for

the completion of work, the Engineer-in-charge may at the expense of contractor remove such

scaffolding, surplus materials and rubbish and dispose of the same as he thinks fit.

3. The following documents will form the completion documents:

a. Technical documents according to which the work has been carried out.

b. Three sets of construction drawings showing therein the modifications and corrections made

during the course of execution signed by the Engineer-in-charge.

c. Completion certificate for ‘Embedded’ or ‘Covered’ up work.

d. Certificate of final levels as set out for various works.

e. Certificate of test performed for various work.

f. Material appropriation statement for the materials issued by owner for work and list of surplus

materials returned to owner’s store duly supported by necessary documents.

g. Operation and maintenance manual (If necessary).

4. Upon expiry of the period of defect liability and subject to Engineer-in-charge being satisfied that

work has been duly maintained by contractor during the defects liability period as fixed originally or

as extended subsequently and that contractor has in all respects made up any subsidence and performed

all his obligations under contract, the Engineer-in-charge shall (without prejudice to the rights of

owner in any way) give final certificate to that effect. The contractor shall not be considered to have

fulfilled the whole of his obligation until final certificate shall have been given by the Engineer-in-

5. Final certificate only evidence of completion:

Except the final certificate no other certificate of payment against a certificate or on general account

shall be taken to be an admission by owner of the due performance of contract or any part thereof or

of occupancy or validity or any claim by the contractor.

GC.88 TAXES, DUTIES, ETC.

1. Contractor agrees to and does hereby accept full and exclusive liability for the payment of any and

all taxes including GST , duties etc now or herein after imposed, increased or modified from time to

time in respect of work and materials and all contributions and taxes for unemployment, compensation,

insurance and old age pension or annuities now or hereinafter imposed by the Central or State

Government authorities with respect to or covered by the wages, salaries or other compensation paid

to the persons employed by contractor.

If the contractor is not liable to sale tax assessment, a certificate to that effect from the competent

authority shall be produced without which final payment to the contractor shall not be made No. IP,

‘C’ and ‘D’ from shall be supplied by the owner, and the contractor shall be required to pay full sales

tax as applicable.

2. Contractor shall be responsible for compliance with all obligations and restrictions imposed by the

labor law or any other law affecting employer-employee relationship.

3. Contractor further agrees to comply and to secure the compliance of all subcontractors with

applicable central state, municipal and local laws and regulations and requirement. Contractor also

agrees to defend, indemnify and hold harmless the owner from any liability or penalty which may be

imposed by central, state or local authority by reasons of any violation by contractor or subcontractor

of such laws, regulations or requirements and also from all claims, suits or proceedings that may be

brought against owner arising under, growing out of or by reasons or work provided for by this contract

by third parties or by central or state government authority or any administrative sub-division thereof.

The sales tax on work contract will be borne by contractor.

GC.89 INSURANCE

Contractor shall at his own expenses carry and maintain with reputable Insurance Companies to the

satisfaction of owner as follows:-

1. Contractor agrees to and uses hereby accept full and exclusive liability for compliance with all

obligations impose by the Employee’s State Insurance Act 1948, and Contractor further agrees to

defend, indemnify and hold owner hardness from any liability or penalty which may be imposed by

the central or state government or local authority by reasons of any assorted violation by Contractor

or sub-Contractor or the Employees, State Insurance Act 1948 and also from all claims, suits or

proceedings that may be brought against owner arising under, growing out of or by reasons of the

work provided for by this contract whether brought by employees of contractor, by third parties or by

Central or State Government authority or any administrative sub division thereof.

Contractor agrees to fill in with the Employees State Insurance Corporation, the declaration form and

all forms which may be required in respect of contractor’s or sub-contractor’s employees who are

employed in this work shall be covered by ESI from time to time under the agreement. The Contractor

shall deduct and secure the agreement of the sub contractor to deduct the employee’s contribution as

per the first schedule of the Employees State Insurance Act from wages. Contractor shall remit and

secure the agreement of sub-contractor to remit to the State Bank of Indian Employees State Insurance

Corporation Accounts, the employees’ contribution as required by the act. Contractor agrees to

maintain all cards and records as required under the Act in respect of employees and payments and

contractor shall secure the agreements of the sub contractors to maintain in such records, any expenses

incurred for the contributions, making contributions or maintaining records shall be to contractors or

sub-contractors own account. Owner shall retain such sum as may be necessary from the contract value

until contractor shall furnish satisfactory proof that all contribution as required by the Employees State

Insurance Act 1948 have been paid.

The contractor will responsible to cover insurance as per below mentioned details:

a) The works, together with all type of the materials and plants/ whole site area of project

for to the full replacement cost (Term “Cost” in this context shall include profit)

b) The contractor equipments and other things brought onto the site by the contractor,

for a sum sufficient to provide for their replacement at site.

c) The insurance detailed above shall be in the joint names of the contractor and the

employer at the contractor’s cost and shall cover the employer and the contractor

against all loss or damages such as,

i) Death or injury to any person, or

ii) Loss of or damage to any property (other than the works) which may arise out of in

consequent up to defect liability period and the remedying of any defects therein, and

against all claim’s proceedings, costs, charges, and expenses whatsoever in respect

thereof or in relation thereto.

iii) Damage to property which is the unavoidable result of the execution and completion

of the works or remedying of any defects therein, in accordance with the contract and

iv) Death of or injury to persons or loss of or damage to the property resulting from any

act or neglect the contractor ,his agent, servant or other contractor not being employed

by the Contractor or in respect of any claims proceedings, damages, cost, charges and

expenses in respect thereof or in relation , where the injury or damages to

contractor/employer’s servant or agents, such part of said injury or damages from

whatsoever cause arising from the start of date of work to the completion of successful

defect liability period as per the scope of work. The employer shall not liable for or

in respect of any damages or compensation payable to any workman or other person

in the employment of the contractor or any subcontractor, other than death or injury

resulting from any act or default of the employer, his agent or servants.

Any amount not insured or not recovered from the insurer shall be borne by the contractor in

accordance with their responsibilities for all losses and claims that mentioned here or not mentioned

as per all relevant law of Government of India.

Agency shall have to take insurance policy and intimate to MMC along with the evidence within

time limit. In case of noncompliance entire responsibility shall be rest with the agency. MMC can

recover penalty amount from the agency for not taking the insurance. Though the penalty amount

is recovered, responsibilities of the agency for taking insurance shall be continued and will not be

escaped from this responsibility.

2. Work mans compensation and employee’s liability insurance: Insurance shall be affected for all

contractors employees engaged in the performance of this contract. If any part of work is sublet,

contractor shall require the sub contractor to provide workman’s compensation and employer’s

liability insurance which may be required by owner.

3. Other Insurance required under law of regulations or by owner Contractor shall also carry and

maintain any and all other insurance which may be required under any law or regulation from time

to time. He shall also carry and maintain any other insurance which may be required by owner.

GC.90 DAMAGE TO PROPERTY

1. Contractor shall be responsible for making good to the satisfaction of owner any loss of and any

damage to all structures and properties belonging to owner or being executed or procured or being

procured by owner or of other agencies within the premises of all work of owner, if such loss or

damage is due to fault and/or the negligence of willful act or omission of contractor, his employees,

agent, representatives or subcontractors.

2. Contractor shall indemnity and keep owner harmless of all claims for damage to properties other

than property arising under by reasons of this agreement, such claims result from the fault and/or

negligence or willful act or omission of contractor, his employees, agents, representative or sub

GC.91 CONTRACTOR TO INDEMNIFY OWNER

1. The contractor shall indemnify and keep indemnified the owner and every member, officer and

employee of owner from and against all actions, claims, demands and liabilities whatsoever under

the in respect of the breach of any of the above clauses and/or against any claim, action or demand

by any workman/employee of the contractor or any sub-contractor under any laws rules or

regulations having force of laws, including but not limited to claims against the owner under the

workman compensation Act 1923, the employees’ Provident Funds Act 1952 and/or the contract

Labor (Abolition and Regulations) Act

PAYMENTS OF CLAIMS AND DAMAGES: If owner has to pay any money in respect of such

claims or demands aforesaid, the amount so paid and the cost incurred by the owner shall be

charged to and paid by Contractor without any dispute notwithstanding the same may have been

paid without the consent or authority of the Contractor.

2. In every case in which by virtue of any provision applicable in the workman's Compensation Act,

1923 or any other Act, owner be obliged to pay compensation to workmen employed by

Contractor the amount of compensation so paid, and without prejudice to the rights of owner

under Section-(12) Sub-section-(2) of the said Act, owner shall be at liberty to recover such

amount from any surplus due to on to become due to the Contractor or from the security deposit.

Owner will not be bound to contest any claim made under Section-(12) Sub-section-(2) of the

said act except on written request of Contractor and giving full security for all costs consequent

upon the contesting of such claim.

3. The Contractor shall protect adjoining sites against structural, decorative and other damages that

could be cased to adjoining premises by the execution of these works and make good at his cost,

any such damage, so caused.

GC.92 PAYMENTS OF CLAIMS AND DAMAGES:

If owner has to pay any money in respect of such claims or demands aforesaid, the amount so paid

and the cost incurred by the owner shall be charged to and paid by contractor without any dispute

notwithstanding the same may have been paid without the consent or authority of the contractor.

In every case in which by virtue of any provision applicable in the workman’s Compensation Act

1923 or any other Act, owner be obliged to pay compensation to workmen employed by contractor

the amount of compensation so paid, and without prejudice to the rights of owner under sec. (12) sub

section (2) of the said Act, owner shall be at liberty to recover such amount from any surplus due to

or to become due to the contractor or from the security deposit. Owner will not be bound to contest

any claim made under section (12) subsection (2) of the said act except on written request of contractor

and giving full security for all cost’s consequent upon the contesting of such claim.

The contractor shall protect adjoining sites against structural, decorative and other damages that could

be cased to adjoining premises by the execution of these works and made goods at his cost, any such

damage, so caused.

GC.93 IMPLEMENTATION OF APPRENTICE ACT

Contractor shall comply with the provisions of the apprentice Act 1954 and the orders issued there

under from time to time. If he fails to do so, it will be a breach of contract.

GC.94 HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

Contractor shall comply with all the rules and regulations of the local sanitary authorities or as framed

by owner from time to time for the protection of health and provide sanitary arrangements of all labor

directly or indirectly employed on the work of this contract.

GC.95 SAFETY CODE

Contractor shall adhere to safe construction practice and guard against hazardous and unsafe working

conditions and shall comply with owner’s rules as set forth herein.

1. First Aid and Industrial Injuries:

1.1 Contractor shall maintain first aid facilities for its employees and those of his sub-

1.2 Contractor shall make outside arrangements for ambulance service and for the treatment

of industrial injuries. Name of those providing these services shall be furnished to Engineer-

in-charge, prior to start of construction, and their telephone numbers shall be prominently

posted in contractor’s field office.

1.3 All injuries shall be reported promptly to Engineer-in-charge and a copy of Contractor’s

report covering each personal injury requiring the attention of a physician shall be furnished

2. General Rules:

2.1 Carrying and striking, matches, lighters inside the project area and smoking within the job

site is strictly prohibited. Violators of smoking rules shall be discharged immediately. Within

the operation area, no hot work shall be permitted, without valid gas, safety, fire permits. The

contractor shall also be held liable and responsible for all lapses of his sub-

contractors/employees in this regard.

3. Contractor’s Barricades:

3.1 Contractor shall erect and maintain barricades without any extra cost, required in

connection with his operation to guard or protect during the entire phase of the operation of

this contract for,

(b) Hoisting areas

(c) Areas adjudged hazardous by Contractor’s OR Owner’s inspectors.

(d) Owner’s existing property liable to be damaged by Contractor’s operations, in the opinion of

Engineer-in-charge/site Engineer.

(e) Rail road unloading sports.

3.2 Contractor’s employees and those of his subcontractors shall become acquainted with

owner’s barricading practices and shall respect the provisions thereof.

3.3 Barricades and hazardous areas adjacent to but not located in normal routes of travel shall

be marked by red lantern at night.

4. Scaffolding:

4.1 Suitable scaffolding shall be provided for workman for all works that cannot safely be

done from ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the

ladder and if the ladder is used for carrying materials as well suitable footholds and handholds

shall be provided on the ladder and the same shall be given an inclination not steeper than

in 4 (1 horizontal and 4 vertical).

4.2 Scaffolding or staging, more than 3.6 M (12') above the ground or floor, swing or

suspended from an overhead support or erected with stationary support shall have a guard rail

properly attached, bolted, braced and otherwise fixed at least 1.0M (3') high above the floor

or platform or scaffolding or staging and extending along the entire length of the outside ends

thereof with only such openings as may be necessary for the delivery of materials. Such

scaffolding or staging shall be so fastened as to prevent it from swaying from the building or

4.3 Working platforms, gangways, and stairways should be so constructed that they should

not sag unduly or inadequately and if the height of the platform or the gangway of the stairway

is more than 3.6 M above ground level or floor level, they should be closely boarded, should

have adequate width and should be suitably fastened as described in 4.2 above.

4.4 Every opening in the floor of a building or in a working platform be provided with suitable

means to prevent the fail of persons or materials by providing suitable fencing or railing whose

minimum height shall be 1.0 M

4.5 Safe means of access shall be provided to all working platforms and other working places.

Every ladder shall be securely fixed. No portable single ladder shall be over 9.0M (30') in

length while the width between the side rails in rung ladder shall in no case be less than

CMS(12 inches) for ladder upto and including 3.0M (10'); in longer ladders this width would

be increased at least 6MM(1/4") for each Additional 30 cm (1.0) of length. Uniform step

spacing shall not exceed 30 cms. (12'’) Adequate precaution shall be taken to prevent danger

from electrical equipment. No materials on any of the side of work shall be so stacked or

placed as to cause danger or inconvenience to any person or public. The contractor shall also

provide all necessary fencing and lights to protect the workers and staff from accidents, and

shall be bound to bear the expenses of defense of every suit, action or other proceedings at

law that may be brought by any persons for injury sustained owing to neglect of the above

precautions and to pay damages and costs which may be awarded in any such suit or action or

proceedings to any such person, or which, may be with the consent of the contractor be paid

to compromise any claim by any such person.

5.1 All trenches 1.2M (4') or more in depth, shall at all time be supplied with at least one

5.2 Ladder shall be extended from bottom of the trench to at least 3" above the surface of the

ground. The side of the trench which are 1.5M (5') or more in depth shall be stopped back to

give suitable slope, or securely held by timber bracing, so as to avoid the danger of sides to

collapse. The excavated materials shall not be placed within 1.5M (5') of the trench or half of

the trench depth whichever is more. Cutting shall be done from top to bottom. Under no

circumstances undermining or under cutting be done.

6.1 Before any demolition work is commenced and also during the progress of the work all

roads and open area adjacent to the work site shall either be closed or suitably protected.

6.2 No electric cable or apparatus which is liable to be a source of danger shall remain

electricity charged.

6.3 All practical steps shall be taken to prevent danger to persons employed from risk of fire

or explosion of flooding. No floor, or other part of the building shall be so over loaded with

debris or materials as to render it unsafe.

7.0 Safety equipment:

7.1 All necessary personal safety equipment as considered necessary by the Engineer-in-

charge should be made available for the use of persons employed on the site and maintained

in a condition suitable for immediate use, and the contractor should take adequate steps to

ensure proper use of equipment by those concerned.

7.2 Workers employed on mixing asphalt materials, cement and lime mortars shall be provided

with protective footwear and protective gloves.

8.0 Risky Places:

8.1 When the work is done near any place where there is a risk of drowning, all necessary

safety equipment shall be provided and kept ready for use and all necessary steps taken for

prompt rescue of any person in danger and adequate provision should be made for prompt first

aid treatment of all injuries likely to be sustained during the course of the work.

9.0 Hoisting equipment:

9.1 Use of hoisting machines and tackles including their attachments, and storage and supports

shall conform to the following standards or conditions.

9.2 These shall be of good mechanical construction, sound material and adequate strength and

free from patent defect and shall be kept in good condition and in good working order.

9.3 Every rope used in hoisting or lowering materials or as

A means of suspension shall be of durable quality and adequate strength and free from patent

9.4 Every crane driver or hoisting appliance operator shall be properly qualified and no person

under the age of 21 years should be in charge of any hoisting machine including any

9.5 In case of every hoisting machine and of every chain ring hook, shackle, swivel and pulley

block used in hoisting or lowering or as means of suspension, the safe working load shall be

ascertained by adequate means. Every hoisting machine and all gear referred to above shall

be plainly marked with the safe working load and the conditions under which it is applicable

shall be clearly indicated. No part of any machine or any gear referred to above in this

paragraph shall be loaded beyond the safe working load except for the purpose of testing.

9.6 In case of departmental machine, the safe workload shall be notified by the Engineer-in-

charge, As regards contractors’ machine, the contractor shall, notify, the safe working load of

the machine to the Engineer-in-charge. Whenever the contractor brings any machinery to site

of work, he should get it verified by the Engineer-in-charge concerned.

10.0 Electrical Equipment:

10.1 Motors, gears, transmission, electric wiring and other dangerous parts of hoisting

appliances shall be provided with efficient safeguards, hoisting appliance should be provided

with such means when will reduce to the minimum the risk of accidental descent of the load,

adequate precautions shall be taken to reduce to the minimum the risk of any part or a

suspended load becoming accidentally displaced. When workers are employed on electrical

installations which are already energized, insulating mats, wearing apparel such as gloves, and

boots as may be necessary shall be provided. The workers should not wear any rings, watches

and carry keys or other materials which are good conductors of electricity.

11.0 Maintenance of safety devices:

11.1 All scaffolds, ladders and other safety devices as mentioned or described herein shall be

maintained in sound condition and no scaffold, ladder or equipment shall be altered or

removed while it is in use. Adequate washing facilities should be provided at or near place of

12.0 Display of Safety instructions:

12.1 These safety provisions should be brought to the notice of all concerned by display on a

noticeboard at a prominent place at the work spot. The people responsible for compliance of

the safety code shall be named therein by the contractor.

13.0 Enforcement of safety regulations:

13.1 To ensure effective enforcement of the rules and regulations relating to safety

precautions, the arrangement made by the contractor shall be open to inspection by the welfare

officer, Engineer-in-charge or safety Engineer of the owner or their representatives.

14.0 No exception:

14.1 Notwithstanding the above clauses 1.0 to 13.0 there is nothing to exempt the contractor

from the operations of any other act or rules in force in the Republic of India.

14.2 In Additional to the above, the contractor shall abide by the safety code provisions as per

C.P.W.D. safety code framed from time to time.

GC. 96 ACCIDENTS

It shall be the contractor’s responsibility to protect against accidents on the works. He shall indemnify

the owner against any claim for damage or for injury to person or property resulting from, and in the

course of work and under the provision of the workman’s compensation Act. On the occurrence of an

accident arising out of the works which results in death or which is so serious as to be likely to result

in death, the contractor shall within twenty-four hours of such accident, report in writing to the

Engineer-in-charge, the facts stating clearly and in sufficient details the circumstances of such accident

and the subsequent action. All other accidents on the work involving injuries to person or damage to

property other than that of the contractor shall be promptly reported to the Engineer-in-charge, stating

clearly and in sufficient details the facts and circumstances of the accidents and the action taken. In all

cases the contractor shall indemnify the owner against all loss or damage resulting directly or indirectly

from the contactor’s failure to report in the manner aforesaid. This includes penalties or fines, if any,

payable by the owner as a consequence f failure to give notice under the Workman’s Compensation

Act or failure to conform to the provisions of the said act in regard to such accidents.

In the event of an accident in respect of which compensation may become payable under the

workman’s compensation Act VIII of 1923 including all modification thereof, the Engineer-in-charge

may retain out of money due and payable to the contractor such sum or suDI of money as may in the

opinion of the Engineer-in-charge be sufficient to meet such liability. On receipt of award from the

labor commissioner in regard to quantum of compensation, the difference in amount will be adjusted.

Asst. Engineer Dy. Executive Engineer City Engineer

Morbi Muni. Corporation Morbi Muni. Corporation Morbi Muni. Corporation

Signature of Contractor

SUBMISSION TO BE MADE ON